Township of Lawrence, MI Article IX Supplemental Regulations

§ 1-9.1 Purpose.

It is the purpose of this article to establish miscellaneous regulations which have not been specifically provided for in other portions of this chapter.

§ 1-9.2 General regulations.

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)]

F. Uses of structures for temporary dwellings. No structure shall be used for dwelling purposes that does not meet the minimum standards, as defined in this chapter and the current Construction Code.[1]

[1] Editor's Note: See Ch. 15, State Construction Code.

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.

§ 1-9.3 Supplementary use regulations.

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.

§ 1-9.4 Supplementary area regulations.

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.

§ 1-9.5 Supplementary height regulations.

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.

§ 1-9.6 High-intensity lighting.

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.

§ 1-9.7 Permanent swimming pool regulations for all districts.

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.

[1] Editor's Note: See Ch. 15, State Construction Code.

§ 1-9.8 Home occupations, including farms and farm operations.

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.

§ 1-9.9 Site condominiums.

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.

[1] Editor's Note: See MCLA § 559.101 et seq.

[2] Editor's Note: See MCLA § 560.101 et seq.

B. Operating definitions and development terms. As used in this section, the following terms shall have the meanings indicated:

BUILDING ENVELOPE

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.

BUILDING SITE OR LOT

The building envelope and the limited commons area together in a site condo development are considered the functional equivalent of a standard subdivision lot.

CONDOMINIUM ACT

The Condominium Act, Act 59 of Michigan Public Acts of 1978, as amended.[3]

CONDOMINIUM BUILDING OR STRUCTURE

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.

CONDOMINIUM DOCUMENTS

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.

CONDOMINIUM PROJECT or SITE CONDOMINIUM SUBDIVISION PROJECT

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.

CONDOMINIUM SUBDIVISION PLAN

The drawings and information prepared in accordance with Section 66 of the Condominium Act.[4]

CONTRACTIBLE CONDOMINIUM

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.

CONVERSION CONDOMINIUM

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]

EXPANDABLE CONDOMINIUM

A condominium project to which additional land may be added in accordance with this chapter and the Condominium Act.

GENERAL COMMONS ELEMENTS/AREAS

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.

LIMITED COMMONS ELEMENTS/AREAS

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.

MASTER DEED

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.

MOBILE HOME CONDOMINIUM PROJECT

A condominium project in which mobile homes are intended to be located upon separate sites which constitute individual condominium units.

NOTICE OF PROPOSED ACTION

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.

SETBACK: FRONT, SIDE, AND REAR YARD

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.

SITE CONDOMINIUM UNIT

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.

[3] Editor's Note: See MCLA § 559.101 et seq.

[4] Editor's Note: See MCLA § 559.166.

[5] Editor's Note: See MCLA § 559.107.

[6] Editor's Note: See MCLA § 559.108.

[7] Editor's Note: See MCLA § 559.107.

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.

§ 1-9.10 Adult businesses.

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. Definitions. Adult businesses shall include the following definitions.

ADULT BUSINESS

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.

(1) ADULT BOOKSTORE An 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.

(2) ADULT BUSINESS, SIGNIFICANT PORTION A business where a significant portion of the stock-in-trade or services provided meets at least one of the following criteria:

(a) 35% or more of the stock, materials, novelties or services provided are classified as adult materials and/or services as defined herein.

(b) 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.

(c) 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.

(3) ADULT CABARET An 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.

(4) ADULT MOVIE THEATER An 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.

(5) ADULT NOVELTIES Objects, items, and/or devices offered for sale which are designed for sexual stimulation or which stimulate human genitals.

(6) ADULT PERSONAL SERVICE BUSINESS A 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.

(7) BUTTOCK Includes the perineum and anus of any person.

(8) MASSAGE PARLOR An establishment wherein private massage is practiced, used or made available as a principal use of the premises.

(9) MASSAGE Offering 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.

(10) NUDE MODELING STUDIO A 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.

(11) OFFERED FOR SALE Offered in exchange for money, membership fee or any other valuable consideration.

(12) SODOMY Any abnormal sexual act between humans, including humans with animals.

(13) SPECIFIED ANATOMICAL AREAS

(a) Human male genitals in a discernible turgid state, even if completely and opaquely covered; or

(b) Less than completely covered:

[1] Female breasts below a point immediately above the top of the areola;

[2] Human genitalia and the pubic region; and

[3] A buttock and anus.

(14) SEXUAL INTERCOURSE Includes genital coitus, fellatio, cunnilingus, anal intercourse or any other intrusion, however slight, of any person's body.

(15) SPECIFIED SEXUAL ACTIVITIES Are defined as:

(a) Acts of human masturbation, sexual intercourse or sodomy;

(b) Fondling or other erotic touching of human genitalia, a pubic region, a buttock, an anus or a female breast.

(c) Human genitalia in a state of sexual stimulation or arousal.

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.

§ 1-9.11 Drive-in restaurant or fast-food establishment.

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.

(3) Structure location. The location of all structures including partially enclosed or covered service areas shall conform to the following requirements:

(a) Front setback: 60 feet.

(b) Side setback: 25 feet.

(c) Rear setback: 30 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.

§ 1-9.12 Automobile service station and commercial garage.

A. Intent. This section provides standards for automobile service stations and commercial garages.

B. Permitted uses. The following uses may be permitted by issuance of a special use permit in conjunction with automobile service stations.

(1) Retail sales of gasoline, oil, and similar products.

(2) Automobile washing.

(a) Automobile maintenance, including minor mechanical repairs.

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.

§ 1-9.13 Motel, motor hotel, hotel and transient lodging facilities except tent or campsites; compliance requirements.

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]

§ 1-9.14 Mini warehouses.

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.

§ 1-9.15 Temporary housing permits for emergency situations.

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.

§ 1-9.16 Solid waste disposal.

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.

(2) For uses receiving a certificate of occupancy after the effective date of this section, recycling containers shall meet the requirements of this section and the requirements for site plan review under Article VIII of this chapter.

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.

§ 1-9.17 Nonconforming uses of land and structures.

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.

§ 1-9.18 Lakefront lots: access and use.

A. Intent. An ordinance to provide regulations for the access and use of lakefront lots.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

DOCK, SEASONAL

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.

LAKE

A natural or man-made lake.

LOT, ACCESS

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.

LOT, ACCESS BENEFICIARY

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.

LOT, LAKEFRONT

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.

LOT, OFFSHORE

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.

G. Special use permit requirements. Special use permit approval under Article VII shall be required for the following uses on access lots:

(1) Accessory structures.

(2) Off-street parking lots.

(3) Lake access lots providing access for access beneficiaries, as defined in § 1-9.18B, representing more than 10% of the total lake lots existing at the time of the application shall be required to obtain a special use permit which meets the requirements of Article VII (Special Use Permits).

§ 1-9.19 Used manufactured homes.

[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.

§ 1-9.20 Special event facilities.

[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).

§ 1-9.21 Conditional rezoning.

[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.