No division of land will be allowed that does not comply with
the applicable area, width, depth and frontage requirements set forth
in this chapter. All lots shall be provided the requisite frontage
and individual access on a public street, except as otherwise allowed
by this chapter.
Essential services, as defined in Article
2.00, shall be permitted as authorized by law and other ordinances in any use district, it being the intention hereof to exempt such erection, construction, alteration and maintenance from the application of this chapter; provided that electric transmission substations (supply voltage over 46KV) and gas transmission regulator stations (supply pressure over 400 PSIG) shall be subject to the provisions of this chapter; and further provided that appropriate permits will be obtained for all construction. Fees will be charged for substations, regulator buildings and auxiliary buildings but not for those elements directly associated with distribution or transmission systems.
No building shall be constructed, placed, or moved upon an unplatted
lot with any of the following:
A. Less than the applicable minimum lot frontage/lot width required pursuant to Article
6.00 of this chapter.
B. Less than the applicable minimum lot area required pursuant to Article
6.00 of this chapter.
C. A depth of greater than four times the width of the lot; provided
that this depth-to-width limitation shall not apply to a lot larger
than 10 acres, or to the remainder of a parent parcel or parent tract
retained by the proprietor (as determined under the State Land Division
Act and the Paw Paw Township Land Division Ordinance).
No waterfront lot in any zoning district shall be used as an
access lot unless it complies with all of the following requirements:
A. An access lot shall have a minimum waterway frontage, a minimum lot
width, a minimum road frontage, and a minimum lot area corresponding
to the minimum waterway frontage, lot width, road frontage, and lot
area requirements for a lot in the zoning district in which the access
lot is situated.
B. An access lot providing waterway access to more than one access lot
beneficiary shall have a minimum lot depth of at least 75 feet and
at least an additional 50 feet of waterway frontage, lot width, and
road frontage for each additional access lot beneficiary.
C. Waterway frontage shall be measured by a straight line which connects
the boundaries of the access lot that extend from the waterway frontage
at the points where they intersect the high water line. Areas consisting
of swamp, bog, marsh, or other type of wetland, as commonly defined,
shall not be counted towards the minimum waterway frontage required
herein, but may be used to meet minimum buffer strip requirements.
D. An access lot providing access to two or more access lot beneficiaries
shall include a buffer strip on each side of the access lot, parallel
with each boundary that extends from the waterway frontage. Each buffer
strip shall have a minimum width for the entire depth of the access
lot corresponding with the amount of minimum side yard setback required
for a principal building in the zoning district in which the access
lot is situated.
E. No building or structure of any kind other than fencing shall be
constructed or erected upon a required buffer strip. Required buffer
strips shall not be used for any motorized vehicular traffic, parking,
boat ramps or for storage purposes (including junk, waste or garbage)
or other development purpose of any kind, and shall be preserved to
provide a natural barrier between the usable portion of an access
lot and adjacent lots.
F. No portion of any dock shall be located within the minimum side setback
area required for the zoning district in which the access lot is situated,
as measured from the boundaries of the lot as projected into a waterway.
G. Adequate off-street parking for each access lot beneficiary shall
be provided on each access lot.
H. Site plan review shall be required for all access lots providing
access to more than one access lot beneficiary.
I. An access lot created as part of a plat or condominium development
shall be dedicated at the time of recording of the plat/condominium
for use solely by the owners/occupants of lots contained within the
plat/condominium, or a specified lesser number thereof, consistent
with all applicable laws and ordinances.
[Amended 12-22-2021 by Ord. No. 275]
A. A private road shall be maintained by parties who have an ownership interest in the private road, and it shall be maintained to the minimum standards of the state fire code. An easement and maintenance agreement shall be created and recorded per Subsection
D.
B. Private roads shall be constructed to Van Buren County Road Commission
standards for paved or gravel roads, except a private road shall have
a driving surface with a minimum width of 20 feet.
C. A permit from the Zoning Administrator is required before any construction
of any private road may begin. A permit application shall consist
of the following:
(1)
An engineered site plan with cross-sections and profile.
(2)
The seal of the engineer who prepared the plan.
(3)
Van Buren County soil erosion and sedimentation control permit.
(4)
Van Buren County stormwater management review approval.
(5)
Fire Department approval.
(6)
Van Buren County Road Commission or Michigan Department of Transportation
permit to connect to a public road.
(7)
If applicable, any required permits from the Michigan Department
of Environmental Quality.
(8)
A complete zoning permit application and any applicable fees.
D. Easement and maintenance agreement.
(1)
Review and recording.
(a)
Applications for private roads shall include a recordable legal
instrument describing and granting the easement and a maintenance
agreement.
(b)
The easement and maintenance agreement shall be recorded in
the Van Buren County Register of Deeds Office, and copies provided
to the Zoning Administrator.
(2)
Easement width. A private road easement no less than 66 feet
shall be established.
(3)
Content. A copy of a recordable travel surface maintenance agreement,
signed by all owners of the lands served by the access easement and
other parties in interest, which includes the following:
(a)
Provisions that assure that the travel surface will be maintained,
repaired, and snowplowed for the entire width and length to ensure
safe travel and accessibility by emergency vehicles at all times.
(b)
Provisions that assure that the maintenance costs of the travel
surface and its easement are paid for equitably.
(c)
A legal description of the easement and a legal description
of the individual lots or parcels to be served. All properties served
by the easement and travel surface shall be subject to the maintenance
agreement.
(d)
Provisions declaring that the maintenance agreement constitutes
a restrictive covenant, running with the benefitted lands, and binding
on all current and future owners and other parties in interest as
to the respective obligations stated therein.
(e)
Provisions to indemnify, save and hold the Township, and its
officers, employees, and agents, harmless from any and all claims
for personal injury and/or property damage arising out of the failure
to properly construct, maintain, repair, or replace the travel surface.
(f)
Township authority. Notwithstanding the following, the Township
shall have no obligation for private road or maintenance or upkeep.
However, the following shall be included:
[1]
Provisions authoring the Township, in its sole discretion, to
perform reasonably necessary maintenance of the private road, subject
to reimbursement by the owners of the properties served by the private
road.
[2]
Provisions authorizing the Township, in its sole discretion,
to enforce the terms of the private road maintenance agreement, by
any lawful means, in addition to such enforcement by any of the owners
of the lands served by the private road, or by another interested
party.
E. Land divisions, building, permits, occupancy permits.
(1)
No land division which results in parcels fronting a private
road shall be approved until the sixty-six-foot easement is approved
by the Zoning Administrator and recorded.
(2)
Building permits for any lot or parcel that is served by a private
road shall not be issued until a private road and maintenance agreement
are approved by the Zoning Administrator and the maintenance agreement
is recorded.
(3)
Sealed as-built drawings and an engineer's certification
of construction compliance is required to be submitted prior to the
approval of completion by the Township. No building occupancy permit
on a lot or parcel that is served by a private road shall be issued
until an approval of private road completion is issued by the Township.
F. Additional lots and parcels.
(1)
Road upgrades. No lot or parcel of land shall access an existing
private road, and no existing lot or parcel with frontage on a private
road shall be divided unless the road is compliant with this section.
If additional lots or parcels are added to a private road or if a
lot or parcel fronting on a private road is divided, then the entire
length of the private road (that is, the total distance from the point
where the private road intersects the public road to the very end
of the private road) shall be upgraded or improved to comply with
this section.
(2)
Maintenance agreement. No additional lot or parcel of land may
access a private road unless the maintenance agreement is amended
to include the owner and future owners of the additional lot or parcel.
Screening shall be required where a proposed use shares a common
lot line with an adjacent district as set forth in Table 9.17A and
landscaped in accordance with Table 9.17B.
Table 9.17A
|
---|
Buffer Zone Requirements
|
---|
Proposed Use
|
Adjacent to LD or WFR District
|
Adjacent to VE or MHR District
|
Adjacent to Commercial or Industrial District
|
Adjacent to CSV, AGR, or ARR District
|
---|
Agricultural
|
None
|
None
|
None
|
None
|
Single-family and two-family residential
|
None
|
None
|
None
|
None
|
Multiple-family residential
|
B
|
None
|
C
|
C
|
Mobile home park
|
B
|
None
|
C
|
C
|
Commercial
|
D
|
C
|
C
|
C
|
Industrial
|
A
|
A
|
C
|
B
|
Public/recreational/institutional
|
None
|
None
|
None
|
None
|
Planned unit development
|
Determined during PUD plan approval
|
Determined during PUD plan approval
|
Determined during PUD plan approval
|
Determined during PUD plan approval
|
Table 9.17B
|
---|
Description of Required Buffer Zones
|
---|
Buffer Zone
|
Minimum Width
(feet)
|
Wall/Berm (a)
|
Minimum Plant Materials (b,c,d)
|
---|
A
|
50
|
6 foot high continuous wall or 4 foot high berm
|
1 canopy tree, 2 evergreen trees and 4 shrubs per each 20 linear
feet along the lot line, rounded upward
|
B
|
20
|
6 foot high continuous wall or 3 foot high berm
|
1 canopy tree, 1 evergreen tree and 4 shrubs per each 30 linear
feet along the lot line, rounded upward
|
C
|
10
|
None required
|
1 canopy or evergreen tree or 4 shrubs per each 20 linear feet
along the lot line, rounded upward
|
D
|
10
|
6 foot high continuous wall or 3 foot high berm
|
1 canopy or evergreen tree or 4 shrubs per each 20 linear feet
along the lot line, rounded upward
|
Note: The Planning Commission may waive or reduce
the above requirements in consideration of an equivalent buffer zone
design or if an equivalent buffer is provided by: 1) existing or planned
parks or recreation areas; or 2) existing woodlands, topography or
other natural conditions on the lot.
|
Footnotes:
|
a.
|
Berms shall have a maximum slope of one foot of vertical rise
to three feet of horizontal distance (1:3) with a crest area at least
four feet wide.
|
b.
|
Canopy trees shall have a minimum caliper of 2.5 inches at time
of planting.
|
c.
|
Evergreen trees shall have a minimum height of six feet at time
of planting.
|
d.
|
At least 50% of the shrubs shall be 24 inches tall at time of
planting, with the remainder over 18 inches tall at time of planting.
|
Temporary buildings for nonresidential use incidental to construction
work shall be permitted. Said use shall not be in conflict with public
health, safety, and welfare regulations. The temporary building(s)
and all debris shall be removed within 15 days after completion or
abandonment of the work.
Every building, permanent or temporary, hereafter erected, altered
or moved upon any premises and used in whole or in part for dwelling
(year round or seasonal), recreational, business, commercial or industrial
purposes, including churches, schools, and other buildings in which
persons customarily congregate, shall be provided with safe and sanitary
water supply and waste disposal systems. The written approval of such
facilities by the applicable state or county agency shall be filed
with the Township.
The yard requirements (setbacks) of all districts are subject
to the following permitted encroachments:
A. Structures having a height of 18 inches or less above ground level
may project into a required yard.
B. Stairways leading to an abutting waterfront area (including any stairway
landings not exceeding 50 square feet in area) may project into the
required front yard.
C. Enclosed porches and other enclosed appurtenances shall be considered
an integral part of the building to which they are attached and shall
be subject to all yard requirements thereof.
D. Chimneys, flues, belt courses, leaders, sills, pilasters, cornices,
eaves, gutters and similar features may project into any yard a maximum
of 24 inches.
E. Unenclosed and unroofed fire escapes, outside stairways and balconies
may project not more than five feet into the required front and rear
yards and three feet into required side yards.