It is the purpose of this article to establish miscellaneous
regulations which have not been specifically provided for in other
portions of this chapter.
A.
Access to a street. All lots of record created after the effective
date of this chapter shall have frontage on a public street or private
road by special use permit and approved access, except in the case
of an officially approved group housing development or an approved
mobile home park as provided for in this chapter.
B.
Unsafe buildings. Nothing in this chapter shall prevent compliance
with an order by an appropriate authority to demolish, correct, improve,
strengthen, or restore to a safe condition any building declared to
be unsafe.
C.
Grading and filling of property. The final grade surface of ground areas remaining after the construction of a building or structure and any earth changes made in connection with use of land shall be designed and landscaped such that surface water flows away from the building or structure and is collected or managed in a manner which avoids any increase in surface water discharge onto adjacent properties or public roads, the erosion of or filling of any road ditch, the blockage of any public watercourse, the creation of standing water over a private sewage disposal drainage field, and any unnecessary impoundment of surface water. The provision of this section shall be to administer and enforce pursuant to Article VIII, Site Plan Review, when applicable. In all other cases, the Building Official shall determine whether the provisions of this section are met, provided that he first consults with the County Drain Commissioner and the Superintendent of the County Road Commission (if county road right-of-way is involved) before taking any action to correct the situation. When it is determined by the Building Official, after the aforementioned consultation, that inadequate surface water control exists, no certificate of occupancy shall be issued until the situation is corrected and approved by the Building Official.
D.
Required water supply and sanitary sewerage facilities. No structure
for human occupancy shall be erected, altered, or moved upon any lot
or premises and used in whole or in part for dwelling, business, industrial,
or recreational purposes unless it shall be provided with a safe,
potable water supply and with a safe and effective means of collection,
treatment, and disposal of human excreta and domestic, commercial
and industrial wastes. All such installations and facilities shall
conform with the minimum requirements of the County Health Department,
Michigan Department of Health and Human Services and/or Department
of Natural Resources, Waste Water Division.
E.
Soil erosion and sedimentation. All development in all districts
shall conform to the County Erosion/Sedimentation Ordinance and general
rules; and P.A. 60 of 1995, MCLA § 324.9101, the Natural
Resources and Environmental Protection Act.
[Amended at time of adoption of Code (see Ch. 20, Code Adoption,
Art. II)]
G.
Temporary buildings. Temporary buildings may be permitted for uses
incidental to construction work. Such buildings shall be removed upon
the completion or abandonment of the construction work or within the
period of one year, whichever is the lesser time period. However,
the Township Board may grant an extension to this one-year time period.
A.
Accessory buildings. Authorized accessory buildings may be erected as a part of the principal building or may be connected to it by a roofed-over porch, patio, breezeway, or similar structure, or may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it, and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building shall not be nearer than 10 feet from any other structure on the same lot nor the distances shown in the dimensional chart in Article VI. An accessory building located in a front yard shall be set back the required distance for all primary structures. Accessory structures shall be prohibited without the existence of a principal structure.
(1)
Accessory uses: garages. The structural space which is permissible
in residential districts for motor vehicle storage and for incidental
space as accessory to an authorize use shall not exceed the following:
(a)
In all residential districts, the storage of unlicensed commercial
vehicles shall be limited to one vehicle per residential dwelling
which is owned and operated by a member of the residence or resident
(occupant) at the location of storage. For the purposes of this section,
"storage" means maintaining the vehicle outside of a fully enclosed
structure for a period of 10 days).
(b)
Space in a garage accessory to a multiple-family unit or a motel
shall not be rented out except to occupants of the principal dwelling.
(c)
An accessory building shall not occupy more than 30% of the
area of any required rear yard.
(2)
Accessory buildings: all districts.
(a)
In a rear yard. No accessory building, including detached garages,
shall be closer than the required setback for the district.
(b)
In a side yard. No accessory building, including garages, shall
be erected closer to any side lot line than the permitted distance
for the district.
(c)
On a corner lot. No accessory building shall be closer to the
side street lot line than the side yard setback of the principal building
on the lot.
A.
Exception to required lot area. Any legally created lot created and
recorded prior to the effective date of this chapter may be used for
any permitted use even though the lot area and/or dimensions are less
than those required for the district in which the lot is located,
provided:
(1)
That the other requirements of the residential district are met.
(2)
That no adjacent land or lot is owned by the owner of the lot in
question.
(3)
That no lot shall be so reduced in area that the required open spaces
will be smaller than those established as a minimum for the district
in which the lot is located.
B.
Lot area can be allocated once. No portion of a lot can be used more
than once in complying with the provisions for lot area and yard dimensions
for the construction of a proposed building or the alteration of an
existing building.
A.
Permitted exceptions: structural appurtenances:
(1)
The following structural appurtenances shall be permitted to exceed
the height limitations. Exceptions may be authorized only when all
of the following conditions are satisfied: No portion of any building
or structure permitted as an exception to a height limitation shall
be used for human occupancy or for commercial enterprise. Any structural
exception to height limitations shall be erected only to such height
as may be necessary to accomplish the purpose it is intended to serve,
so as not to become a hazard to aviation. Structural appurtenances
exceeding the maximum height limitations within 10 miles of a public
airport shall not be allowed without the approval of the Airport Zoning
Board having jurisdiction. If the roof area of structural elements
permitted to exceed the height limitations exceed 20% of the gross
roof area, they shall be considered as integral parts of the whole
structure and thereby shall not exceed the height limitations.
(a)
Ornamental in purpose, such as church spires, belfries, cupolas,
domes, ornamental towers, flagpoles and monuments.
(b)
Appurtenances to mechanical or structural functions, such as
chimneys and smokestacks, water tanks, elevator and stairwell penthouses,
ventilators, bulkheads, radio towers, masts, aerials, television antennas,
and cooling towers.
(c)
Commercial freestanding towers, when not attached to a building
or structure, shall be constructed in compliance with state and federal
regulations pertinent thereto.
(d)
Freestanding towers, such as TV or radio towers, intended primarily
to serve the occupants of the main structure shall not exceed 1 1/2
times the structural height limitations for structures in that district.
(2)
Small energy wind converters shall be permitted in the agricultural district by right, provided that the tower does not exceed 100 feet and there is compliance with Subsection A(1). The units may be permitted in residential zones by right, provided the units do not exceed 35 feet in height and meet all the required setbacks for accessory buildings.
B.
Permitted exceptions: residential district. There shall be no exceptions permitted for residential structures; certain nonresidential structures in residential districts may be permitted to exceed height limitations, provided there is compliance with the provisions of Schedule A, Article VI.[1] Solar collectors attached to the roof of a structure shall
not be included in the height measurement for the purpose of this
section.
[1]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
C.
Permitted exceptions, commercial, office and industrial districts.
In any commercial, office or industrial district, any principal building
may be erected to height in excess of that specified for the district,
provided each front, side and rear yard is increased one foot for
each one foot of such additional height. In those districts not requiring
one or more yard setbacks, any portion of a principal building may
be erected to a height in excess of that specified for that particular
district, provided that such portion is set back from all street,
lot and required yard lines one foot for each foot of additional height.
Where high-intensity lighting, such as mercury vapor, metal
halide, high-pressure sodium, low-pressure sodium, incandescent flood,
quartz flood, etc., is used, it shall be located to prevent direct
lighting of adjacent properties.
Permanent pools used for swimming or bathing shall conform to
the yard setback requirement as required for accessory uses and structures
in this chapter and comply with the State Construction Code[1] and county public health requirements.
Home Occupations:
A.
Intent. It is the intent of this section to set forth the requirements
for establishing a home occupation as an accessory use of a single-family
detached dwelling unit, such as involving the crafting, electronic/mail
order sale or marketing of goods, the provision of services, or the
instruction in a craft or fine arts, which is conducted within the
dwelling unit or within accessory structures located on the same parcel
by one or more persons, all of whom reside within the dwelling, and
which is clearly incidental and secondary to the use of the dwelling
as a residence.
B.
Regulations and standards.
(1)
Home occupations are not permitted within two-family or multiple-family
dwellings.
(2)
There shall be no outdoor, on-site storage of materials, equipment,
or accessory items and/or display of materials, goods, or supplies
used in the conduct of the home occupation. Only normal household
type of equipment and furniture are to be used in the home occupation.
Computers, FAX machines, and copiers may all be used in the home occupation.
(3)
Only members of the immediate family who reside on the premises shall
be employed in any part of the operation of the home occupation. All
activities related to the home occupation shall be carried on entirely
indoors.
(4)
Home occupations are permitted only in the principal structure/building,
including attached and detached structures. However, in no case shall
more than 25% of the gross floor area of the principal building be
utilized for a home occupation.
(5)
A home occupation shall not generate an unduly burdensome amount
of traffic for the general area in which it is located.
(6)
Adequate parking spaces shall be provided on the premises for persons
patronizing the establishment.
(7)
The establishment of a home occupation shall not necessitate exterior
modification or alter the fire rating, except as may be required by
the Building Code, to any structure/building on the property.
(8)
Uses, other than as may be permitted by SUP, which shall be prohibited
as home occupations shall include, but shall not be limited to, the
following:
(a)
Antique shops.
(b)
Convalescent and nursing homes.
(c)
Nursery schools.
(d)
Funeral homes.
(e)
Kennels.
(f)
Medical or dental clinics or hospitals, or animal hospitals.
(g)
Refuse collection businesses.
(h)
Walk-in customer retail sales of any product, except those products
sold that are directly incidental to the permitted home occupation
(i.e., hair care products by a hairdresser).
(9)
Signs shall be permitted in general accordance with this chapter.
One sign with a maximum of nine square feet in area may be mounted
flat against the wall of the home occupation. One sign with a maximum
of two square feet in area may be located in the front yard so as
to not be a clear vision hazard or in the road right-of-way. In no
case shall the number of signs exceed two.
[Amended 7-13-2017]
(10)
Compliance with all other applicable laws and ordinances.
C.
Standards for farms and farm operations.
(1)
The incidental sale of farm produce is permitted from the roadside,
provided:
(a)
The sale is temporary and/or seasonal (not to exceed 180 days).
(b)
The sale is of produce grown in Van Buren County.
(c)
All temporary displays and signs advertising temporary sale
are removed from the roadside when not in use.
(d)
Other retail sales shall be limited to items made by the family
residents of the dwelling where the home occupation is located.
(2)
In the agricultural, industrial and commercial districts only, persons
requiring the use and storage of backhoes and other heavy equipment,
trucks, well drilling rigs, and other similar equipment pertinent
to their business operation and for their livelihood shall be permitted.
A.
Intent. The intent of this section is to ensure that plans for site
condominium developments within Lawrence Township proposed under the
provisions of the Condominium Act, Act 59 of Michigan Public Acts
of 1978,[1] as amended, shall be reviewed with the objective and intent
of achieving the same characteristics as if the development and improvements
therein were being proposed pursuant to the Michigan Subdivision Control
Act, Act 288 of the Public Acts of 1967,[2] as amended. It is also the intent of this section to ensure
that such development is in conformance with the requirements of this
chapter, as amended; and other applicable Township ordinances and
county, state and federal regulations.
B.
BUILDING ENVELOPE
BUILDING SITE OR LOT
CONDOMINIUM ACT
CONDOMINIUM BUILDING OR STRUCTURE
CONDOMINIUM DOCUMENTS
CONDOMINIUM PROJECT or SITE CONDOMINIUM SUBDIVISION PROJECT
CONDOMINIUM SUBDIVISION PLAN
CONTRACTIBLE CONDOMINIUM
CONVERSION CONDOMINIUM
EXPANDABLE CONDOMINIUM
GENERAL COMMONS ELEMENTS/AREAS
LIMITED COMMONS ELEMENTS/AREAS
MASTER DEED
MOBILE HOME CONDOMINIUM PROJECT
NOTICE OF PROPOSED ACTION
SETBACK: FRONT, SIDE, AND REAR YARD
SITE CONDOMINIUM UNIT
Operating definitions and development terms. As used in this section,
the following terms shall have the meanings indicated:
The area of a condominium unit within which the principal
building or structure may be constructed, together with any accessory
structures, as described in the master deed for the site condominium
project. In a single-family residential site condo project, the building
envelope refers to the area of each condominium unit within which
the dwelling and any accessory structures may be built.
The building envelope and the limited commons area together
in a site condo development are considered the functional equivalent
of a standard subdivision lot.
The Condominium Act, Act 59 of Michigan Public Acts of 1978,
as amended.[3]
The principal building or structure intended for or constructed
upon a lot or building site, together with any attached accessory
structures; e.g., in a residential development, the condominium structure
would refer to the house and any attached garage. A condominium structure
can also be a building envelope.
The master deed, recorded pursuant to the Condominium Act,
and any other instrument referred to in the master deed or bylaws
which affects the rights and obligations of a co-owner of the condominium.
A condominium project developed under Public Act 59 of 1978,
as amended, consisting of more than one condominium unit which is
not subject to the provisions of the Subdivision Control Act 288 of
1967, as amended.
The drawings and information prepared in accordance with
Section 66 of the Condominium Act.[4]
A condominium project from which any portion of the submitted
land or buildings may be withdrawn in accordance with this chapter
and the Condominium Act.
A condominium project containing condominium units some or
all of which were occupied before filing of a notice of taking reservations
under Section 7 of the Condominium Act.[5]
A condominium project to which additional land may be added
in accordance with this chapter and the Condominium Act.
The land area other than the limited commons areas of the
site condominium development that are held in common by all co-owners
and used for parks, streets, open space or other common activities.
A portion of the general commons elements reserved in the
master deed for the exclusive use of less than all of the co-owners
and used for landscaping, vehicle parking areas, or driveways.
The condominium document recording the condominium project,
to which are attached as exhibits and incorporated by reference the
bylaws for the project and the condominium subdivision plan for the
project. All other information required by Section 8 of the Michigan
Condominium Act[6] is included.
A condominium project in which mobile homes are intended
to be located upon separate sites which constitute individual condominium
units.
The notice required by Section 7 of the Condominium Act,[7] to be filed with Lawrence Township and the appropriate
agencies of Van Buren County.
Distance measured from the respective front, side and rear
yard boundary lines associated with the building lot to the respective
front, side and rear of the condominium structure/building envelope.
A condominium unit established in compliance with the Condominium
Act which consists of an area of vacant land and a volume of vacant
air space, designed and intended for separate ownership and use as
described in the site condominium project master deed, and within
which a building or other improvements may be constructed by the condominium
unit owner.
C.
Approval required. All proposals to divide property other than according
to the Subdivision Control Act must go through this chapter's site
plan review process. In determining whether to approve a site plan
for a site condominium, the Planning Commission shall consult with
the development official, Township Attorney, County Drain Commission
and County Road Commission regarding the adequacy of the master deed,
deed restrictions, utility systems and streets, site layout and design,
and compliance with all requirements of the Condominium Act and this
chapter. A special use permit may be required for a site condominium
project where the provisions of particular sections of this chapter
identify the need for such a permit.
D.
General requirements and standards.
(1)
No construction, grading, work, or other development shall be done
upon the land intended to be used for a site condominium until a final
site plan has been approved, except with express permission of the
Planning Commission. No permits for erosion or sanitary sewage facilities
shall be issued for property in a site condominium development until
a final site plan has been approved by the Planning Commission and
is in effect. This requirement shall include contractible, conversion,
and expandable site condominiums.
(2)
A building, structure, or use to be placed on a condominium lot requires
site plan approval under this chapter before a certificate of zoning
compliance may be issued.
(3)
The Planning Commission shall have the authority to review and approve
or deny preliminary and final site plans for site condominiums.
(4)
Each site condominium unit shall be located within a zoning district
that permits the proposed use and can include commercial, industrial
or residential buildings.
(5)
The building envelope and the limited commons area together in a
site condo development are considered the functional equivalent of
a standard subdivision lot. The total of these site condo lots shall
not cover more than 75% of the total land area in the site condo development,
thereby leaving a minimum of 25% for general commons area.
(6)
The site condominium developments must meet the use and dimensional
requirements of the zoning district in which they are located.
(7)
For the purposes of this chapter, each condominium lot shall be considered
equivalent to a single lot and shall comply with all regulations of
the zoning district in which it is located. In the case of a site
condominium containing single-family detached dwelling units, not
more than one dwelling unit shall be located on a condominium lot,
nor shall a dwelling unit be located on a condominium lot with any
other principal structure or use. Required yards shall be measured
from the boundaries of a condominium lot. Ground floor coverage and
floor area ratio shall be calculated using the area of the condominium
lot.
(8)
Each condominium lot shall be connected to public water and sanitary
sewer facilities or have an approved water/utility system by the appropriate
county and/or state agencies.
(9)
Relocation of boundaries between adjoining condominium lots, if permitted
in the condominium documents, as provided in Section 48 of the Condominium
Act,[8] shall comply with all regulations of the zoning district
in which located and shall be approved by the Building Official. These
requirements shall be made a part of the bylaws and recorded as part
of the master deed.
[8]
Editor's Note: See MCLA § 559.148.
(10)
Each condominium lot that results from a subdivision of another
condominium lot, if such subdivision is permitted by the condominium
documents, as provided in Section 49 of the Condominium Act,[9] shall comply with all regulations of the zoning district
in which located and shall be approved by the Building Official. These
requirements shall be made a part of the condominium bylaws and recorded
as part of the master deed.
[9]
Editor's Note: See MCLA § 559.149.
(11)
All information required by this chapter shall be updated and
furnished to the Township, and the applicable certificates of zoning
compliance must be approved prior to the issuance of the building
permits.
E.
Preliminary site plan requirements.
(1)
A preliminary site plan shall be filed for approval with the Planning
Commission on or before the time the notice of proposed action is
filed with the Building Official.
(2)
The preliminary site plan shall include all land that the developer
intends to include in the site condominium project and prepared in
accordance with the following requirements: Twenty copies of the site
plan shall be submitted to the Township. The preliminary plan shall
be drawn at a scale of not more than 100 feet to the inch and shall
include or be accompanied by the following information:
(a)
The name of the project; the name and address of the developer;
the name, address and seal of a registered surveyor or engineer preparing
the plan; and a description of the property to be developed.
(b)
A key map showing the location and position of the property
and its relationship to surrounding streets and the surrounding area,
including existing zoning of abutting areas.
(c)
North arrow, scale, contour interval, and legend, when appropriate.
(d)
Contour elevations adjusted to United States Geological Survey
(USGS) datum at not more than five-foot intervals.
(e)
Where appropriate, establish floodplain contours and elevations
adjusted to United States Geological Survey (USGS) datum.
(f)
The location of all existing streets, lots, plats, public utilities,
drains, streams or bodies of water on or abutting the property.
(g)
The lot lines, intended layout, and intended use of the entire
property owned or represented by the developer. The following shall
be included:
[1]
Street and sub-street right-of-way: locations, width and curve
radii.
[2]
Proposed street names.
[3]
Boundaries of all limited common elements, general common elements
and building envelopes.
[4]
Building site lines, site line dimensions to the nearest foot,
site and block numbers, and building site areas to the nearest 10
square feet.
(h)
The location and dimensions of all existing or proposed easements
or open space reserves, including electrical and telephone easements.
(i)
The locations and tentative sizes of proposed sanitary sewers,
storm sewers, and catch basins, water mains, culverts, bridges, ponding
areas, ponds, and lagoons.
(j)
Statements regarding:
[1]
Intent to utilize private water or sewerage facilities.
[2]
Zoning and lot size requirements.
[3]
Zoning requirements for front, side, and rear yards.
[4]
Size and type of street(s). (Developers are encouraged to utilize
the road design and construction standards of the County Road Commission.)
[5]
Intent to install gas, sidewalks, streetlights, and shade trees.
[6]
Use of rivers, streams, creeks, lakes, or ponds.
(k)
The use and occupancy restrictions and maintenance provisions
for all general and limited common elements as will be contained in
the master deed.
F.
Final site plan requirements.
(1)
A final site plan for any phase of development shall not be filed
for review by the Planning Commission unless a preliminary site plan
has been approved by the Planning Commission and is in effect.
(2)
A final site plan shall be filed for review by the Planning Commission
for the total site condominium project or for each phase of development
shown on the approved preliminary site plan.
(3)
In addition to the provisions of this section of this chapter, the
final site plan shall meet the requirements of this chapter.
(4)
A final site plan shall include all information required in Section
66 of the Condominium Act[10] and the master deed and bylaws. The final site plan shall also include all information required in Article VIII of this chapter. (Exception: In the case of a site plan application for a site condominium project that consists only of condominium lots with no buildings or other structures, the locations of and the dimensions of condominium lots, setbacks, and required yards shall be shown on the final site plan.)
[10]
Editor's Note: See MCLA § 559.166.
(5)
The applicant shall provide proof of approvals by all county and
state agencies having jurisdiction over the improvements in the site
condominium development, including but not limited to the County Drain
Commissioner, County Road Commission, and the District Health Department.
The Planning Commission shall not approve a final site plan until
each county and state agency having such jurisdiction has approved
that portion of the final site plan that is subject to its jurisdiction.
G.
Revision of site condominium subdivision plan. If the site condominium
subdivision plan is revised, the final site plans shall be revised
accordingly and submitted for review and approval or denial by the
Planning Commission before any building permit may be issued, where
such permit is required.
H.
Streets and roads. All streets and roads, whether public or private,
proposed for any site condominium shall be developed with the minimum
design, construction, inspection, approval, and maintenance requirements
of the Van Buren County Road Commission. In a case where private streets
are proposed, the Planning Commission may approve a different set
of design and construction standards upon submission of documentation
by a professional engineer. The Site Condominium Association shall
be responsible for maintenance, signage, and snow removal on all private
roads and for the ingress and egress of all emergency and public service
vehicles.
I.
Dedication of private streets. Whenever a private street, as recorded
in the master deed, is to be dedicated for public use, it is necessary
to obtain the consent of all co-owners, mortgagees, and other persons
interested in the condominium.
J.
Amendments to master deed or bylaws. Any amendment to a master deed
or bylaws that affects the approved preliminary or final site plan
shall be reviewed and approved by the Planning Commission before any
building permit may be issued, where such permit is required. The
Planning Commission may require its review of any amended site plan
if, in its opinion, such changes in the master deed or bylaws require
corresponding changes in the approved site plan.
K.
Development agreement. The Planning Commission may require, as a
condition of approval, that the applicant enter into a development
agreement with Lawrence Township, incorporating the terms and conditions
of final site plan approval and record the same in the office of the
Register of Deeds for the county.
L.
Construction located in general common element. Any application for
a building permit for construction to be located in a general common
element shall include written authorization by the condominium association
for the application.
M.
Monuments and lot irons.
(1)
Monuments shall be set at all boundary corners and deflection points
and at all road right-of-way intersection corners and deflection points.
Lot irons shall be set at all condominium lot corners and deflection
points of condominium lot lines.
(2)
Upon submission of the appropriate documentation by a professional
engineer, a delay in the setting of required monuments or irons for
a reasonable time may be granted, but not to exceed one year, on condition
that the developer deposit with the Township Clerk cash, a certified
check, or any irrevocable bank letter of credit running to Lawrence
Township, whichever the developer selects, in an amount as determined
from time to time by resolution of the Township Board of Trustees.
Such deposit shall be returned to the developer upon receipt of a
certificate by a surveyor registered in the state of Michigan that
the monuments and irons have been set as required within the time
specified. If the developer defaults, the Township Board of Trustees
shall promptly require a registered surveyor to set the monuments
and irons in the ground as shown on the condominium site plans, at
a cost not to exceed the amount of the security deposit.
N.
Rights-of-way and utility easements. All rights-of-way and utility
easements shall be described separately from individual condominium
lots and shall be accurately delineated by bearings and distances
on the condominium subdivision plan and the final site plan. The rights-of-way
and utility easements shall be separately designed for their individual
purpose, such as access, roadway, location, installation, maintenance
and replacing of public utilities. The developer shall dedicate to
the appropriate agency all easements for utilities. All streets shall
be dedicated to the county and shall be constructed in accordance
with the standards of the County Road Commission. Water, sewer and
electrical easements may be placed within streets, subject to the
submission of the appropriate documentation by a professional engineer.
O.
Improvements. All improvements in a site condominium shall comply
with the design specifications as adopted by Lawrence Township and/or
the appropriate county agency and any amendments thereto from time
to time.
A.
Purpose. The purpose and intent of this section is to regulate the
location of adult businesses in the Township by preventing the concentration
of such uses in close proximity to each other and to minimize the
negative impacts of their operation by separating such uses from residential,
office/commercial and other areas of public congregation. This regulation
is done with the understanding that the Township recognizes that there
are some uses which, because of their very nature, have serious objectionable
operational characteristics, particularly if several of them are concentrated
under circumstances having a deleterious effect upon adjacent residential,
office and commercial areas. The Township recognizes that the regulation
of such uses is necessary to ensure that adverse effects will not
contribute to the blighting or downgrading of surrounding residential
neighborhoods, nonresidential areas or other places of public congregation.
B.
ADULT BUSINESS
(1)
(2)
(a)
(b)
(c)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Definitions. Adult businesses shall include the following definitions.
Adult bookstores, adult movie theaters, adult personal service
businesses, adult cabarets, adult novelty businesses, massage parlors
and nude modeling studios, or any combination thereof, as defined
in this section, which meet all other criteria of this chapter as
used in this section.
ADULT BOOKSTOREAn establishment which excludes minors, as defined in MCLA § 722.51 et seq., and has, as a significant portion of its stock-in-trade, books, periodicals, magazines, newspapers, pamphlets, pictures, photographs, motion pictures films and/or videotapes, or novelty items or paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material which exceeds 35% of the floor area of the establishment.
ADULT BUSINESS, SIGNIFICANT PORTIONA business where a significant portion of the stock-in-trade or services provided meets at least one of the following criteria:
35% or more of the stock, materials, novelties or services provided
are classified as adult materials and/or services as defined herein.
35% or more of the usable floor area of the building in which
the adult business is located is used for the sale, display and/or
provision of services classified as adult materials and/or services,
as defined herein.
The advertising (signs, publications, television, radio, and
other media) associated with the business depicts, describes or relates
to specified sexual activities and/or specified anatomical areas.
ADULT CABARETAn establishment (which may or may not include the service of food or beverages) having as an activity the presentation or display of male or female impersonators, dancers, entertainers, waiters, waitresses or employees who display specified anatomical areas as defined herein.
ADULT MOVIE THEATERAn establishment, in a completely enclosed building or room, which excludes minors, as defined in MCLA § 722.51 et seq., and offers, for an admission fee, membership fee or other valuable consideration the viewing of motion-picture films, videotapes, pictures or photographs, cable television, satellite transmissions or the visual media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, as defined herein, for the observation of patrons therein.
ADULT NOVELTIESObjects, items, and/or devices offered for sale which are designed for sexual stimulation or which stimulate human genitals.
ADULT PERSONAL SERVICE BUSINESSA business having as its principal activity a person, while nude or while displaying specified anatomical areas, as defined herein, providing personal services for another person. Such businesses include, but are not limited to, modeling studios, body-painting studios, wrestling studios, personal dance rooms, and conversation parlors.
BUTTOCKIncludes the perineum and anus of any person.
MASSAGE PARLORAn establishment wherein private massage is practiced, used or made available as a principal use of the premises.
MASSAGEOffering for sale, through the use of physical, mechanical or other devices, the manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or vibrating of the body of another.
NUDE MODELING STUDIOA place which offers as its principal activity the providing of models to display specified anatomical areas, as defined herein, for artists and photographers for a fee.
OFFERED FOR SALEOffered in exchange for money, membership fee or any other valuable consideration.
SODOMYAny abnormal sexual act between humans, including humans with animals.
SEXUAL INTERCOURSEIncludes genital coitus, fellatio, cunnilingus, anal intercourse or any other intrusion, however slight, of any person's body.
SPECIFIED SEXUAL ACTIVITIESAre defined as:
C.
Location and uses. Any existing building or land, or new building
hereinafter erected, converted or structurally altered, used for an
adult business shall meet all of the following conditions:
(1)
Adult businesses, as defined herein, must be located in the C-1 Commercial
and Business District subject to the requirements of this section.
(2)
No adult business, as defined herein, shall be permitted within a
1,500-foot radius of an existing adult business. Measurement of the
1,500-foot radius shall be made from the outermost boundaries of the
lot or parcel upon which the proposed adult use will be situated.
(3)
No adult business, as defined herein, shall be permitted within the
Official Zoning Map and defined in this chapter. Measurement of the
1,500-foot radius shall be made from the outermost boundaries of the
lot or parcel upon which the proposed adult use will be situated.
(4)
No adult business, as defined herein, shall be permitted within a
1,500-foot radius of a school, library, park, playground, licensed
group day-care center, church, convent, monastery, synagogue or similar
place of worship or other place of public congregation. Measurement
of the 1,500-foot radius shall be made from the outermost boundaries
of the lot or parcel upon which the proposed adult use will be situated,
including adjoining governmental jurisdictions.
D.
Miscellaneous requirements.
(1)
No person shall reside in or permit any person to reside in the premises
of an adult business.
(2)
The provisions of this section regarding massage parlors shall not
apply to hospitals, sanitariums, nursing homes, medical clinics or
the offices of a physician, surgeon, chiropractor, osteopath, psychologist,
clinical social worker or family counselor who is licensed to practice
his or her respective profession in the State of Michigan, or who
is permitted to practice temporarily under the auspices of an associate
or an establishment duly licensed in the State of Michigan, clergymen,
certified members of the American Massage and Therapy Association
and certified members of the International Myomassethics Federation
who have a current massage therapist license.
A.
Site development standards. Drive-in restaurants and fast-food establishments
shall be subject to the following restrictions:
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot width: 125 feet.
(4)
The outdoor space used for service shall be hard-surfaced and adequately
drained.
(5)
All outdoor storage areas including areas for the storage of trash
and rubbish shall be screened on at least three sides by an opaque
wall at least six feet high.
(6)
Drive-in restaurant management shall provide adequate trash and litter
containers and policing for the parking lot and the shoulders of adjacent
roadways. These areas shall be completely cleared of accumulated debris
as often as necessary to ensure a neat appearance.
A.
Intent. This section provides standards for automobile service stations
and commercial garages.
C.
The following uses may be permitted in conjunction with commercial
garages by issuance of a special use permit.
(1)
Automobile towing, including parking of a wrecker and inoperative
vehicles waiting for repair within a reasonable period of time.
(2)
Parking and storage of inoperative vehicles, provided that such parking
or storage areas shall be within an enclosed building or shall be
screened by an opaque fence not less than six feet in height.
(3)
Automobile body repairs.
D.
Site development standards. Automobile service stations and commercial
garages shall comply with the following site development standards:
(1)
The minimum site size shall be 15,000 square feet and, in addition,
the following:
(a)
Gasoline service stations shall have 500 square feet of site
area for each additional pumping unit over four and 1,000 square feet
of site area for each additional service bay over two.
(b)
Commercial vehicle garages shall have 1,000 square feet of site
area for each additional service bay over two. There shall also be
600 square feet of additional site area for each space intended for
storage of inoperable vehicles waiting for repair within a reasonable
period of time.
(2)
The minimum site width shall be 150 feet.
(3)
Building setbacks. Building setbacks shall comply with front yard
requirements for the applicable zoning district. Gasoline pump accessory
structures, or island, shall be set back no less than 50 feet from
all street or highway right-of-way lines and shall not be located
closer than 25 feet to any property line abutting a residential district.
Hydraulic hoists, pits and all lubrication, greasing, automobile washing,
and repair equipment shall be entirely enclosed within a building.
(4)
Access drives. There shall be no more than two access driveway approaches
for any gasoline service station and/or commercial garage, each of
which, however, shall not exceed 30 feet in width at the property
line.
(a)
If the service station site fronts on two or more streets, the
driveways shall be located as far from the street intersection as
practical but no less than 50 feet.
(b)
No driveway or curb cut for a driveway shall be located within
10 feet of an adjoining property line as extended to the curb or pavement,
or within 20 feet of any exterior lot line as extended.
(c)
Any two driveways providing access to a major thoroughfare shall
be separated by an island with a minimum distance of 20 feet in width
along the curb or edge of the pavement. The entire service area shall
be paved with a permanent surface of concrete or asphalt.
(5)
A landscaped buffer strip not less than 20 feet wide shall be developed
adjacent to all automobile service station and commercial garages
for any property line abutting a residential district.
A.
Minimum floor area of each lodging unit shall contain not less than
250 square feet.
B.
The minimum lot area shall be one acre with a minimum width of 150
feet, provided that there shall be at least 800 square feet of lot
area for each lodging unit.
C.
The maximum lot coverage of all buildings, including accessory buildings,
shall not exceed more than 25% of the area within the boundary lines
of land developed at any one time.
D.
Minimum yard dimensions. All buildings shall observe a setback of
not less than 75 feet from any road right-of-way, and not less than
40 feet from any side or rear property line.
E.
The maximum building height shall not exceed two stories or 50 feet.
F.
Site screening. The site may be enclosed by open structure wood or
wire fences, and/or shrubs which, along any yard line, shall not exceed
six feet in height. No screening shall impair safe vertical or horizontal
sight distance for any moving vehicles. Screening at least four feet
high shall be erected to prevent headlight glare on adjacent residential
or agricultural property. No screening shall be closer than 50 feet
to any street line, except headlight screening shall not be closer
than 30 feet.
G.
Lighting. All outdoor lighting shall be arranged so that it is deflected
from adjacent properties, streets and thoroughfares, and shall not
impair the safe movement of traffic.
H.
Swimming pools and other outdoor recreational uses which are accessory
to the main use and provided swimming pools are securely enclosed
by a fence at least six feet in height.
I.
Accessory uses, such as meeting rooms, taverns, bars, or similar
uses, provided such shall be conducted within the same building as
the principal use. A caretaker or proprietor's residence shall be
permitted as an accessory use only when the principal use is a motel,
motor hotel, hotel, or other transient tourist facility.
J.
Motor vehicle access.
(1)
Site plans. All site plan proposals submitted for this district shall
provide for the proper handling of traffic on the highway, frontage
road, or street giving access to the district. No access by motor
vehicles, other than stated herein, shall be permitted to a local
road. All points of entrance or exit shall be no closer than 50 feet
from the intersection of the right-of-way lines of two streets.
(2)
Interstate or interchange site location. Whenever a proposed use
is located adjacent to or within 1/2 mile of an existing or planned
state or interstate limited-access highway interchange, it shall be
incumbent upon the applicant to show that the proposed site location
shall not cause unsafe traffic congestion resulting at or in conjunction
with said limited-access interchange, and the applicant shall request
and submit with his application a written recommendation from the
Traffic Division of the Michigan Department of State Highways. In
no case shall private access drives be less than 200 feet from an
interchange.
K.
Signs shall be those identifying any of the permitted uses within
this district and shall be in accordance with the provisions of this
chapter.
L.
Off-street parking and loading requirements shall be in accordance with the provisions of Article X.
M.
The storage of refuse and space required for the accumulation and
out loading of garbage, trash, scrap, waste, and containers therefore
shall be screened on at least three sides by an opaque wall at least
six feet high.
N.
The short-term rental of a dwelling unit is considered to be a commercial
land use, is similar in nature to a motel, motor hotel, hotel or transient
lodging facility and is not a permitted use or special use in the
R-1, R-2, R-3, or R-4 Zoning Districts.
[Added 6-9-2022; amended 4-13-2023]
A.
Intent and purpose. It is the intent and purpose of this section
to provide development regulations for mini warehouses. The following
procedures and requirements have been established to ensure that adequate
provisions are made for, but not limited to, exterior appearance,
safety, landscaping, screening, on-site parking and circulation, type
of items that can be stored and use limitations of the storage areas.
B.
Authorization. Mini-warehousing shall be permitted in conjunction
with a multiple-family dwelling, mobile home park and as cited elsewhere
in this chapter.
C.
Site development standards. Mini warehouses shall be subject to the
following standards:
(1)
Lot coverage. Lot coverage of all structures shall be limited to
75% of the total area.
(2)
Off-street parking. One space shall be provided for each 12 storage
cubicles, equally distributed throughout the storage area. This parking
requirement may be met by the provision of parking lanes as described
below. Two off-street parking spaces shall be provided at the manager's
office.
(3)
On-site circulation and driveway widths. All one-way driveways shall
provide for one ten-foot parking lane and one fifteen-foot travel
lane. Traffic direction and parking shall be designated by signing
or painting. All two-way driveways shall provide for one ten-foot
parking lane and two twelve-foot travel lanes. The parking lanes may
be eliminated when the driveway does not serve storage cubicles.
(4)
Landscaping. A landscaping strip shall be provided along all street frontages and along borders where subject property abuts any residential zoning district and constructed in accordance with the requirements of Article IX.
(5)
Signs shall comply with all the applicable requirements of this chapter.
(6)
Business activities. No business activities other than the rental
of storage units shall be conducted on the premises.
(7)
Storage uses. Mini-warehouse developments shall be limited to dead
storage use only. Auctions, commercial or garage sales, servicing
or repair of motor vehicles, boats, trailers, snowmobiles, lawn mowers,
and other similar equipment are prohibited.
(8)
Outside storage. All storage located upon the parcel shall be contained
within a fully enclosed building except that motor vehicles, boats,
trailers, RVs, and other similar items may be allowed in a fenced-in
area.
(9)
Living quarters. Warehousing in excess or 40,000 square feet may
provide living quarters for the on-site manager.
(10)
Driveways, parking and loading. All driveways, parking, loading
and vehicle circulation area shall be constructed of an all-weather,
dustless surface.
(11)
Hazardous materials. The facility shall not be utilized for the storage of flammable, hazardous or explosive materials, as defined in Article IV.
(12)
Setbacks. All buildings shall be setback at least 75 feet from
any state or federal highway. There shall be a setback of at least
50 feet from all other roads, or as prescribed in the applicable district,
whichever is greater. The rear and side property line setback shall
be in accordance with Schedule A or B depending upon the zoning district
where it is located.
The Building Official may issue temporary housing permits to
authorize the occupancy of a mobile home or recreational vehicle under
the following conditions:
A.
The permit shall be conditioned upon compliance with the following
standards:
(1)
The permit shall delineate a time duration not to exceed 180 calendar
days. Extensions may be granted by the Building Official.
(2)
The owner of the damaged structure, or his agent, shall acquire a
permit within 90 days for repair or reconstruction of the damaged
structure prior to occupancy of the mobile home or recreational vehicles.
(3)
The mobile home or recreational vehicle will be conditioned upon
approval from the County Health Department, but may be allowed up
to 30 days with temporary sanitary facilities as approved by the Building
Official.
A.
Siting and screening of refuse dumpsters and receptacles.
(1)
Refuse dumpsters, receptacles, and containers may be permitted or
required as accessory to any use, other than single-family residential
uses, subject to the following conditions:
(2)
Site plan requirements. The location and method of screening of dumpsters
shall be shown on all site plans and shall be subject to the approval
of the Planning Commission.
B.
Recycling containers. Recycling containers may be provided out-of-doors
with the following requirements:
(1)
For existing or new uses receiving a certificate of occupancy prior
to the effective date of this section, recycling containers shall
be placed adjacent to other on-site refuse containers. If the Building
Official determines that it is not practical to place the container
adjacent to other refuse containers on the site, said containers may
be placed in parking areas, provided that the space used for the container
shall not occupy required parking spaces, and further provided that
recycling containers shall be enclosed on at least three sides by
a screening device approved by the Building Official.
C.
Development standards.
(1)
Outside refuse receptacles shall be appropriately screened at least
as high as the container but not less than six feet in height.
(2)
Containers shall be consolidated to minimize the number of collection
sites, and located so as to reasonably equalize the distance from
the building they serve.
(3)
Containers and enclosures shall be located away from public view
insofar as possible.
(4)
Containers and enclosures shall be situated so that they do not cause
excessive nuisance or offense to occupants of the development they
serve or of nearby buildings.
(5)
Concrete pads of appropriate size and construction shall be provided
for containers or groups of containers having a capacity of 1.5 cubic
yards or more. Aprons shall be provided for loading of bins with capacity
of 1.5 cubic yards or more.
(6)
For storage of recyclable materials, the enclosure area and pad size
shall be increased to amply accommodate the extra materials and their
containers.
(7)
Screening and gates shall be of durable construction. Fences, walls,
footings, slabs, and curbs shall meet the State Construction Code
requirements as used in the Township. If the enclosure is situated
directly adjacent to parking spaces or drives, it shall be protected
at its base by a concrete curb.
(8)
The area inside and around the outside of the enclosure shall be
maintained and litter-free at all times. The enclosure structure shall
also be maintained and repaired as necessary.
A.
Intent and purpose.
(1)
It is the intent of this article to permit nonconforming lots, structures,
or uses to continue until they conform.
(2)
It is recognized that there exists within the districts established
by this chapter, and subsequent amendments, lots, structures, and
uses of land and structures which were lawful before this chapter
passed, or amended, which would be prohibited, regulated or restricted
under the terms of this chapter or future amendments.
B.
Nonconforming lots.
(1)
In any district in which single-family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this chapter, a single-family
dwelling and customary accessory buildings may be erected on any single
lot of record. This provision shall apply even though such lot fails
to meet the requirements for area or width, or both, provided that
yard dimensions and other requirements of the lot shall conform to
the regulations for the district in which such lot is located, except
as follows:
(a)
For lake lots having a lot depth of 125 feet or less, the minimum
front yard setback shall be reduced to the greater of 25 feet or the
average setback of the existing residential structures on the adjacent
lots.
(b)
For lots having a lot width of 70 feet or less, the minimum
side yard setback shall be reduced to 10% of the lost width, but in
no case shall the side setback be less than five feet.
(2)
Yard requirement variances may be obtained through approval of the
Zoning Board of Appeals.
C.
Nonconforming uses of land. Where, at the effective date of adoption
or amendment of this chapter, lawful use of land exists that is made
no longer permissible under the terms of this chapter, as enacted
or amended, such use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
(1)
In the R-1, R-2, R-3, R-4 and A-1 Districts, residential single-family dwellings shall be permitted on nonconforming lots of record. Expansion of nonconforming structures may be permitted within the guidelines of § 1-9.17D.
(2)
In the O-1 District, uses which are permitted in these districts may be permitted on nonconforming lots of record. Expansion of nonconforming uses within these districts may be permitted within the guidelines of § 1-9.17D.
(3)
In the C-1 and I-1 Districts, expansion of nonconforming uses may be permitted by the Planning Commission subject to the site plan review and approval and compliance with the standards for special use permits. Expansion of nonconforming structures may be permitted within the guidelines of § 1-9.17D.
[Amended 4-12-2018]
D.
Nonconforming structures. Where a lawful structure exists at the
effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reason of restrictions
on area lot coverage, height, yards or other characteristics of the
structure or location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such structure may be enlarged or altered in a way which increases
its nonconformity, but the use of a structure and/or structure itself
may be changed or altered to a use permitted in the district in which
it is located, provided that all such changes are also in conformance
with the requirements of the district in which it is located.
(2)
Should such a structure be destroyed by any means to an extent of
more than 60% of twice its assessed value at the time of destruction,
it shall not be reconstructed except in conformance with the provisions
of this chapter.
(3)
Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is relocated.
(4)
Any structure, or structure and use of land in combination, in or
on which a nonconforming use is superseded by a permitted structure
or use, shall thereafter conform to the regulations for the district
in which it is located, and the nonconforming use may not thereafter
be resumed.
(5)
Where nonconforming use status applies to a structure and land in
combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
E.
Change in nonconforming uses in office, commercial and industrial districts. Irrespective of other requirements of this chapter, in any business/commercial or industrial district (O-1, C-1 and I-1 Districts), if no structural alterations are made, any nonconforming use of a structure and land may be changed to another nonconforming use of the same or a more restricted classification, provided that the Planning Commission approves a special use permit (Article VII) and approves the site plan (Article VIII) in all cases.
F.
Change in tenancy or ownership. As long as there is no change in
the characteristics or increase in the intensity of the nonconforming
use, a change of tenancy or ownership is allowed.
G.
District changes. Whenever the boundaries of a district shall be
changed as to transfer an area from one district to another district
of another classification, the provisions of this section shall also
apply to any existing uses that become nonconforming as a result of
the boundary changes.
H.
Hardship cases. Nonconforming buildings or structures may be structurally
changed, altered, or enlarged with the approval of the Zoning Board
of Appeals when the Board finds that the request is a case of exceptional
hardship in which failure to grant the relief requested would unreasonably
restrict continued use of the property or would restrict valuable
benefits that the public currently derives from the property as used
in its nonconforming status, except that any approval for structural
changes, alteration or enlargement may be granted only with a finding
by the Zoning Board of Appeals that approval will not have an adverse
affect on surrounding property and that it will be the minimum necessary
to relieve the hardship.
I.
Illegal uses. Uses of structures or land existing at the effective
date of this chapter that were established without approval of zoning
compliance or without a valid building permit or those uses which
cannot be proved conclusively as existing prior to the effective date
of this chapter shall be declared illegal uses and are not entitled
to the status and rights accorded legally established uses.
A.
Intent. An ordinance to provide regulations for the access and use
of lakefront lots.
B.
DOCK, SEASONAL
LAKE
LOT, ACCESS
LOT, ACCESS BENEFICIARY
LOT, LAKEFRONT
LOT, OFFSHORE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A structure utilized for access to the water and which is
partially over the surface of the water and carried on supports which
extend to the ground beneath the water and which can be removed and
replaced each year.
A natural or man-made lake.
A type of lake lot providing for private or common (semiprivate)
access to a lake for one or more access lot beneficiaries. An access
lot includes the entire legal description of the lot or parcel in
question.
The owners or occupants of any offshore lot or lake lot,
and any other person with a right of access to or use of a lake through
a lake lot, in whole or in part, by fee ownership, easement, lease,
license, gift, business invitation, or any other form of conveyance,
dedication, permission, or access or use rights.
Any lot or parcel of land, whether or not improved, and whether
or not platted, any portion of which abuts the shoreline of any lake.
Any lot or parcel of land, whether or not improved, and whether
or not platted, which does not abut the shoreline of any lake within
waterfront district.
C.
Access and use. Lake lots utilized as access lots in any zoning district
shall comply with the following regulations:
(1)
Minimum frontage. An access lot shall have a minimum frontage on
the lake corresponding to the minimum lot width for a lot in the zoning
district in which the lot is located.
(2)
Additional frontage requirement. Where the access lot is providing
lake access to more than one access lot beneficiary, such access lot
shall have at least an additional 50 feet of frontage on the lake
for each additional access lot beneficiary.
(3)
Measurement of lake frontage. Lake frontage shall be measured by
a straight line which intersects each sideline of the access lot at
the high-water line. Lake frontage consisting in whole or in part
of wetland, as commonly defined by the Michigan Department of Environmental
Quality, shall not be counted towards the minimum lake frontage required.
(4)
Minimum lot area. An access lot shall have a minimum lot area corresponding
with the minimum lot area for the zoning district in which the access
lot is situated, pursuant to the requirements of this chapter.
(5)
Buffer strips. An access lot shall include a buffer strip parallel
with each side lot line. Each buffer strip shall have a minimum width
for the entire depth of the access lot corresponding with the minimum
side yard setback for the primary structure requirement for the zoning
district in which the access lot is located.
(6)
Use of buffer strips. Buffer strips shall not be used to provide
pedestrian and/or vehicular access. No building or structure shall
be constructed or erected upon a required buffer strip. Required buffer
strips shall not be used for any motorized vehicular traffic or parking,
or for storage purposes, or other development purpose of any kind.
(7)
Seasonal and/or permanent docks and access lots. An access lot shall
be allowed one dock, provided that the access lot meets the minimum
dimensional requirements of this chapter. An additional dock shall
be allowed for each additional 50 feet of linear frontage beyond the
minimum frontage required in the zoning district in which the access
lot is located.
(8)
Plat requirements. An access lot created as part of a plat or subdivision
shall be dedicated at the time of recording of the plat or subdivision
for use solely by the owners/occupants of the lots contained within
the plat or subdivision, or a specified lesser number.
(9)
Site condominium requirements. An access lot created as part of a
site condominium development shall be specified in the master deed
at the time or recording for use solely by the owners/occupants of
the sites contained within the site condominium development, or a
specified lesser number, and shall conform to the frontage and area
requirement as specified in this section.
(10)
Lake lot: front yard requirements. A lot defined as a "lake
lot" can have two front yards (one abutting any existing public rights-of-way
and one abutting the shoreline of the lake). The front yard requirement
of the lake lot shall be the same as the zoning district within which
the lot is located.
(11)
Lake lot: rear and side yard requirements. The rear and side
yard requirements for a lake lot shall be the same as the zoning district
within which the lot is located.
(12)
Generally acceptable high-water elevations. The dimensional
requirements of lake lots shall be calculated from the generally acceptable
high-water elevations.
D.
Modification by the Zoning Board of Appeals. The Zoning Board of Appeals may, based on the requirements of Article V (Zoning Board of Appeals), vary or modify the strict application of this section if it shall determine that undue hardship will otherwise result and the spirit and intent of this chapter will be preserved by such variance or modification. The Board of Appeals may, as provided for in Article V, impose reasonable conditions upon the use of access lots as it shall deem necessary to preserve the spirit and intent of this chapter.
E.
Public access site. Land abutting a lake, river, or stream which
is under the possession and control of the federal, state, county,
Township or other governmental agency, and which governmental agency
allows public access to a lake, river or stream across the site, is
hereby described as a "public access site." The restrictions of this
section shall not apply to a public access site, providing that such
sites are subject to governmental control enabling the governmental
agency to limit boat docking, moorage, boat launching, camping, vehicle
parking, and other controls upon use of the site.
F.
Site plan review requirement. Waterfront access lots providing access to more than two access beneficiaries shall be required to obtain site plan approval from the Planning Commission under the provision of Article VIII.
[Amended 4-12-2018]
Pursuant to regulations and limitations of the various residential
zoning districts, where individual manufactured homes are placed on
private property, the following provisions shall apply in order to
ensure soundless, structural stability, sanitation, and electrical
and mechanical safety.
A.
In conjunction with the application for the building permit, the
owner shall also make application for a certificate of approval from
the Building Official.
B.
An inspection of all units shall be performed by the Building Official
prior to placement on the property to determine that no condition
exists which poses a threat to life or property. Where such conditions
are found to exist, they shall be corrected prior to the time of placement
on the property, in the case of units already lawfully located within
the Township, and before the unit is brought into the Township when
located elsewhere.
C.
Manufactured homes placed on private property are subject to all
construction code requirements relevant to single-family structures
elsewhere in the Township, including those of Appendix E (Manufactured
Housing Used as Dwellings) of the Michigan Residential Code (MRC).
D.
Pursuant to Section AE 201 of the MRC for all manufactured homes
built prior to June 15, 1976, a label certifying compliance to the
Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the
time of manufacture is required. All units constructed subsequent
to that date shall bear a label of approval from HUD or other approved
inspecting entity.
[Added 4-12-2018]
Special event facilities. Special event facilities are facilities
or land used to accommodate temporary and/or seasonal special events.
A.
A special event facility shall be allowed as a special land use within
the Agricultural and Rural Residential Zoning Districts.
B.
No special event facility shall be allowed on property that is not
occupied as a residential dwelling.
C.
A special event facility shall be located on a minimum of 10 acres
of contiguous land.
D.
No special event facility shall be approved for an attendance level
in excess of 500 people, nor host a special event that lasts longer
than two days, not including setup and takedown. Attendance is limited
to available parking. There shall be no event parking on or along
roadways, easements, or avenues of ingress and egress.
E.
Drives and parking areas shall be subject to compliance with Article X of this chapter. Additionally, parking shall be provided at one space for every four persons of the maximum attendance level approved for the facility and shall be subject to compliance with applicable barrier-free requirements.
F.
A parking attendant(s) shall direct traffic into the facility and
towards available parking during the arrival of guests.
G.
All temporary structures shall be subject to compliance with applicable
building setback requirements.
H.
A special event facility is limited to the following operational
period, unless otherwise modified by the Planning Commission:
(1)
9:00 a.m. to 9:00 p.m. on weekdays and Sundays.
(2)
9:00 a.m. to 12:00 a.m. on Fridays and Saturdays.
(3)
Modifications could include but are not limited to 9:00 a.m. to 12:00
a.m. on Sundays immediately preceding Memorial Day or Labor Day, open
until 10:00 p.m. during the week, or other matters.
I.
Adequate lighting shall be provided on the premises to illuminate
outdoor activities and parking areas. All lighting shall be subject
to lighting restricts set forth in the Code of the Township of Lawrence,
including high-intensity lighting, nuisance, etc. Lighting associated
with the special event shall be turned off when the event is not in
operation.
J.
A special event facility shall provide a water supply and sewage
disposal system necessary to accommodate all special events to the
satisfaction of the Van Buren County Health Department.
K.
Noise levels generated at a special event facility shall not constitute
a nuisance to adjoining properties. The following noises and disturbances
are declared a nuisance: the sounding of any horn, whistle or signal
device by any person or on any automobile, motorcycle, bus, or other
vehicle for any purpose, except as a danger warning; the playing of
any radio, phonograph, musical instrument or other machine or device
for producing or reproducing sound in such a manner or with such volume
as to annoy or disturb the quiet, comfort or repose of other persons;
yelling, shouting, hooting, whistling or singing so as to annoy or
disturb the quiet, comfort or repose of any person in the vicinity;
and any other noise that annoys or disturbs the quiet, comfort or
repose of other property owners audible from their property. It shall
be prima facie evidence of a violation of this section if the noise
or disturbance exceeds 70 decibels at the property line.
L.
Structures and features related to the special event facility shall
be kept within an aesthetic that is appropriate within an agricultural
environment.
M.
The operation of the facility shall otherwise be consistent with
Township ordinances, state and federal law and regulations.
N.
The special use permit shall have a one-year duration, unless the
Township allows for a longer duration explicitly. However, the duration
shall not exceed three years. The Township may pass a resolution permitting
a decreased special use permit fee for renewals, and the applications
may be submitted based on the previous applications in the Zoning
Administrator's discretion.
O.
In determining whether to grant the special use permit, the Township
shall consider the following factors:
(1)
Proximity to neighbors;
(2)
Impact of added traffic;
(3)
Headlight and facility lights impact on surrounding properties;
(4)
Impact of noise;
(5)
Other factor they consider relevant; and
(6)
Measures to mitigate problems with any of the above (said measures
are incorporated into the permits requirements).
[Added 4-12-2018]
A.
Intent, application for and processing of conditional rezoning.
(1)
This section is intended to implement Section 405 of the Zoning Enabling
Act, MCLA § 125.3405, authorizing conditional rezonings.
(2)
An owner of land may voluntarily offer, in writing, conditions relating
to the use and/or development of land for which a rezoning is requested.
The offer will be in a proposed conditional rezoning agreement, as
described in this section, below. This offer may be made either at
the time the application for rezoning is filed or may be made at a
later time during the rezoning process; however, the offer must in
all events be considered by the Planning Commission before being acted
on by the Township Board.
(3)
The required application and process for considering a rezoning request
with conditions will be the same as that for considering rezoning
requests made without any offer of conditions, except as modified
by the requirements of this section.
(4)
The owner's offer of conditions may not purport to authorize uses
or developments not permitted in the requested new zoning district.
(5)
Approval under this section must not obviate the requirement for
special land use approval, variance relief, or site plan approval.
(6)
If the Township is in the process of proceeding with a conditional
rezoning under this section and the applicant has not voluntarily
offered the condition (or conditions) being considered, the applicant
must inform the Township Clerk, in writing, of such fact before the
final action of the Township Board granting the conditional rezoning.
B.
Standards for approval. The following standards, among other factors
deemed relevant by the Planning Commission and Township Board, shall
be considered in determining whether to approve a rezoning with conditional
rezoning agreement; provided, the determination on whether the underlying
rezoning itself should be granted will be deemed to be a legislative
decision of the Township Board equivalent to a Township Board action
on other amendments to this chapter.
(1)
Compatibility with the policies and uses designated for the land
and area in the approved Master Plan;
(2)
Compatibility of the uses and improvements allowed under the proposed
rezoning with conditional rezoning agreement with other zones and
uses in the surrounding area;
(3)
Availability and adequacy of public services and facilities and whether
there is likely to be any adverse impact from a development or use
allowed under the rezoning with conditional rezoning agreement; and
(4)
Whether the development that would be approved will advance the public
interest, weighing the reasonably expected burdens likely to result
from allowing the development against the reasonably expected benefits
to be achieved by the development.
C.
Approval and effect.
(1)
If the Township Board, after recommendation from the Planning Commission,
determines in its discretion that the proposed rezoning with conditional
rezoning agreement should be approved, the conditional rezoning agreement
will be incorporated by attachment or otherwise as an inseparable
part of this chapter adopted by the Township Board to accomplish the
requested rezoning with conditional rezoning agreement.
(2)
The conditional rezoning agreement, as initially submitted, or as
may be modified during the course of the rezoning process, will:
(a)
Be in a form recordable with the Register of Deeds for Van Buren
County or, in the alternative, be accompanied by a recordable affidavit
or memorandum prepared and signed by the owner giving notice of the
conditional rezoning agreement in a manner acceptable to the Township
Attorney.
(b)
Contain a legal description of the land to which it pertains.
(c)
Contain a statement and acknowledgment that the terms and conditions
of the conditional rezoning agreement will run with the land and be
binding on and inure to the benefit of the property owner and Township
and their respective heirs, successors, assigns, and transferees.
(d)
A specification of all conditions proposed by the landowner
to be applicable to the use and development of the land, including
the following to the extent relevant:
[1]
The location, size, height, or other measure for and/or of buildings,
structures, improvements, setbacks, landscaping, buffers, design,
architecture, and other features.
[2]
Permissible uses of the property and a specification of maximum
density or intensity of development and/or use, expressed in terms
fashioned for the particular development and/or use, for example,
and in no respect by way of limitation, units per acre, maximum usable
floor area, hours of operation, and the like.
[3]
Preservation of natural resources and/or features.
[4]
Facilities to address any relevant traffic, stormwater, and
water quality issues.
[5]
Provisions for maintenance of areas on the land, as relevant.
(e)
Contain a statement acknowledging that the conditional rezoning
agreement or an affidavit or memorandum giving notice of it may be
recorded by the Township with the Register of Deeds for Van Buren
County.
(f)
Contain the notarized signatures of all of the owners of the
subject land preceded by a statement attesting to the fact that the
conditional rezoning agreement, as the same may have been modified
during the rezoning process (if applicable), has been freely, voluntarily,
and knowledgeably offered by such owners and agreed on in its entirety.
(3)
On the rezoning taking effect, the Zoning Map will be amended to
reflect the new zoning classification along with a designation that
the land was rezoned with a conditional rezoning agreement. The Township
Clerk will maintain a listing of all lands rezoned with a conditional
rezoning agreement.
(4)
The approved conditional rezoning agreement or an affidavit or memorandum
giving notice of it will be filed by the Township with the Register
of Deeds for Van Buren County.
(5)
On the rezoning taking effect, the use of the land so rezoned must
conform afterwards to all of the requirements of the zoning district
and conditional rezoning agreement.
D.
Compliance with agreement. Any failure to comply with a condition
within the conditional zoning agreement will constitute a violation
of this chapter and be punishable accordingly. In addition, any such
violation will be deemed a nuisance per se and subject to judicial
abatement as provided by law.
E.
Time period for establishing development or use. Unless a longer
or shorter time period is specified in this chapter rezoning the subject
land, the approved development or use of the land authorized in the
conditional rezoning agreement must be commenced within 12 months
from the effective date of the rezoning and afterwards proceed diligently
to completion. This time limitation may on written request of the
landowner be extended by the Township Board if it is demonstrated
by the landowner and determined by the Township Board, in its discretion,
that there is a strong likelihood that the development or use will
commence within the period of extension and proceed diligently afterwards
to completion and the Township Board determines, in its discretion,
that there has not been a change in circumstances that would render
the current zoning with conditional rezoning agreement incompatible
with other zones and uses in the surrounding area or otherwise inconsistent
with sound zoning policy.
F.
Termination of conditional rezoning agreement. If the approved development or use of the rezoned land does not occur within the time frame specified under Subsection E above, or if the property owner makes a request, in writing, for termination of the conditional rezoning agreement before making any improvements under the conditional rezoning agreement, the rezoning and conditional zoning agreement will be deemed to be immediately terminated except in the Township's discretion as to that part of the land, if any, that has been developed. In the event of such termination, no new development or use of the land will be permitted until a new zoning classification is approved by a rezoning of the land. On such termination, the Planning Commission must immediately initiate the process to rezone the land in whole or in part to its prior or other appropriate zoning classification. The procedure for considering and adopting this rezoning will be the same as applied to all other zoning requests. Once the rezoning has occurred, the Township will, on request of the landowner, record with the Register of Deeds for Van Buren County a notice that the conditional rezoning agreement, except in the Township's discretion as to that part of the land, if any, that has been developed, is no longer in effect.
