ARTICLE I

 

PREAMBLE

 

 

SECTION 1.01  SHORT TITLE.  This Ordinance shall be known as the Port Sheldon Township Zoning Ordinance.

 

SECTION 1.02  PURPOSE.  In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare.  Among other purposes, such provisions are intended to provide for the orderly development of the Township; to limit and discourage the improper use of lands, buildings, and other structures; to provide and maintain safe and adequate water supply, sewage disposal, and storm water run-off; to conserve property values, preserve the quality of life, and conserve natural resources; to provide for adequate light, air and convenience of access; to secure safety from fire and other dangers; and to avoid undue concentration of population by regulating and limiting the height and bulk of buildings wherever erected, limiting and determining the size of yards, courts and other open spaces, regulating the density of population, and regulating and restricting the location of uses, trades, industries, and buildings in relation to traffic and parking needs.

 

SECTION 1.03  SCOPE.  It is not intended by this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Ordinance, nor any private restrictions placed upon property by covenant, deed, or other private agreement.  Where this Ordinance imposes a greater restriction upon the use of buildings or premises than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits or by such private restrictions, the provisions of this Ordinance shall control.

 

SECTION 1.04  LEGAL BASIS.  This Ordinance is enacted pursuant to the Rural Township Zoning Act, being Michigan Public Act 184 of 1943, as amended.

 

 


 

ARTICLE II

 

DEFINITIONS

 

 

SECTION 2.01  RULES APPLYING TO TEXT.  The following listed rules of construction apply to the text of this Ordinance:

 

(a)        The particular shall control the general.

 

(b)        With the exception of this Article, the headings which title an Article, section or subsection are for convenience only and are not to be considered in any construction or interpretation of this Ordinance or as enlarging or restricting the terms and provisions of this Ordinance in any respect.

 

(c)         The word "shall" is always mandatory and not discretionary.  The word "may" is permissive.

 

(d)        Unless the context clearly indicates to the contrary, (1) words used in the present tense shall include the future tense; (2) words used in the singular number shall include the plural number; and (3) words used in the plural number shall include the singular number.

 

(e)        A "building" or "structure" includes any part thereof.

 

(f)         The word "person" includes a firm, association, partnership, joint ven­ture, corporation, trust or equivalent entity or a combination of any of them, as well as a natural person.

 

(g)        The words "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended", "arranged", "designed to be used", "occupied", and the like. 

 

(h)        The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", "occupied for", and the like. 

 

(i)         Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.

 

SECTION 2.02  DEFINITIONS.  The following listed terms and words are defined for the purpose of their use in this Ordinance; these definitions shall apply in the interpretation and enforcement of this Ordinance unless otherwise specifically stated.

 

ACCESSORY BUILDING OR STRUCTURE.  A subordinate building or structure on the same lot with a main building, or a portion of the main building, occupied or devoted primarily to an accessory use. 

 

ACCESSORY USE.  A use naturally and normally incidental, ancillary and subordi­nate to the main use of the premises. 

 

ACREAGE, GROSS.  The total area within the legal boundaries of a par­ticular parcel of land or project.  Future streets are not included within the gross acreage; however, existing streets are. 

 

ACREAGE, NET.  The total area within the legal boundaries of a particular parcel of land or project, excluding all streets - existing or future. 

 

ALLEY.  A strip of land over which there is a right-of-way, public or private, on which no dwelling or other land uses front, serving as a rear entrance or secondary access to one or more properties. 

 

ALTERATIONS, STRUCTURAL.  Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.

 

APPLICATION FOR DEVELOPMENT.  Means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or permit to build. 

 

BASEMENT.  That portion of a building between the floor and the ceiling which is partly below and partly above grade but so located that the average vertical distance from the grade to the floor below is more than the vertical distance from the grade to the ceiling.

 

BED AND BREAKFAST ESTABLISHMENTS.  A private residence that offers sleeping accommodations to transient tenants in 14 or fewer rooms for rent, is the innkeeper's residence in which the innkeeper resides while renting the rooms to transient tenants, serves breakfasts at no extra cost to its transient tenants, and has smoke detectors in proper working order in every sleeping room and a fire extinguisher in proper working order on every floor (as amended May 22, 1991).

 

BILLBOARDS AND SIGNS.  See definitions contained in Article XV.  (as amended January 9, 2003)

 

BUILDING.  Anything which is constructed or erected, including a mobile home, having a roof supported by columns, walls, or other supports, which is used for the purpose of housing or storing of persons, animals, or personal property or carrying on business activities or other similar uses.

 

BUILDING CODE, TOWNSHIP.  The adopted Building Code of Port Sheldon Township. 

 

BUILDING HEIGHT. -The vertical distance measured from the established grade at the principal entrance to the average height of the highest roof surface.  Average height shall be determined using the lowest point of the eave to the highest point of the roof.  Where a building is located on a terrace, the height may be measured from the average ground level of the terrace at the building wall.  (Amended December 11, 1997)

 

 

BUILDING OFFICIAL.  The person designated by the Township Board to administer and enforce the Building Code. 

 

BUILDING SETBACK.  The measurement from the property line to the nearest point of the main wall of the building or structure, subject to certain yard encroachments. 

 

CHILD CARE CENTER.  A facility, other than a private residence, receiving one (1) or more children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child.  Child care center includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day.  Child care center does not include a Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are in attendance for not greater than three (3) hours per day for an indifinite period, or not greater than eight (8) hours per day for a period not to exceed four (4) weeks, during a twelve (12) month period, or a facility operated by a religious organization where children are cared for not greater than three (3) hours, while persons responsible for the children are attending religious services (as amended July 8, 1996).

 

CONGREGATE HOUSING.  A dwelling unit providing shelter and services for the elderly that may include meals, housekeeping, and personal care assistance.  Such a facility offers residents a semi-independent lifestyle, but does not provide the intensive personal care such as dispensing of medication and round the clock nursing care of a nursing home (as amended July 8, 1996).

 

DENSITY.  The maximum number of dwelling units which may be placed upon a parcel of land, usually expressed as dwelling units per acre. 

 

DEVELOPER.  Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable propri­etary interest in such land. 

 

DRIVE-IN FACILITY.  Any place or premise which offers the sale of goods or services to customers while in their vehicles. 

 

DWELLING.  Any building or portion thereof which is occupied, in whole or in part, as a home, residence, or sleeping place, either permanently or temporarily, by one or more families, but not including motels, hotels, tourist rooms or cabins.

 

(a)        Dwelling, Single Family:  A building designed for use and occupancy by one (1) family only, but not including mobile homes. 

 

(b)        Dwelling, Two Family:  A building designed for use and occupancy by two (2) families only.

 

(c)         Dwelling, Mobile (Mobile Home):  A movable or portable dwelling con­structed to be towed on its own chassis, connected to utilities, and designed without a perma­nent foundation for year-round living as a single family dwelling.  A mobile home may contain parts that may be combined, folded, collapsed, or telescoped when being towed, and expanded later to provide additional cubic capacity. 

 

(1)        Single Wide:  A mobile home with an average longitudinal width of no greater than fourteen (14) feet. 

(2)        Double Wide:  A combination of two (2) mobile home elements designed and constructed to be connected along the longitudinal axis, thus providing more living space than a conventional single wide unit without duplicating any of the service facilities, such as kitchen equipment or furnace.  Single wide mobile homes with extenders or add-a-rooms shall not be consi­dered as double wide mobile homes. 

 

(d)        Dwelling, Multi-Family:  A building designed for use and occupancy by three (3) or more families.

 

DWELLING, FARM.  The principal residence or dwelling occupied by the owner or operator of the farm on which it is located.

 

DWELLING, MIGRATORY WORKER.  A dwelling intended for the seasonal occupation of migratory farm workers and their families.

 

DWELLING UNIT.  One (1) room or suite of two (2) or more rooms designed for use or occupancy by one (1) family for living and sleeping pur­poses with housekeeping facilities.  Tents, travel trailers, motor homes, and the like are not considered dwelling units for the purpose of this Ordinance.

 

ELECTRIC POWER GENERATING PLANT.  The large-scale, commercial generation of electric power as regulated by the public utility commission.  The related uses shall include the fuel stock and handling facilities; boilers, generating and regulating facilities; and the waste disposal facilities.  The primary and secondary distribution system is defined as an essential public service. 

 

ERECTED.  Constructed, built, remodeled, moved upon, or any part of preparing the land for the construction of a building or structure.

 

ESSENTIAL PUBLIC SERVICES.  Essential public services shall mean the erection, construction, alteration or maintenance by public utilities, municipal depart­ments or commissions, or any governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution system, collec­tion, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, electric substations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of utility service by such public utilities, municipal departments, commission or any governmental agencies, or for the public health, safety and welfare.  Electric power generating plants, buildings, and structures are specifically excluded from the definition of essential public services.  Primary and secondary elec­trical distribution systems are hereby defined as essential public services. 

 

EXISTING.  In the case of a lot or parcel, existing shall mean having been registered with the Ottawa County Register of Deeds.  In the case of a building or structure, existing shall mean having completed the foundation. 

 

FAMILY.  One (1) or more persons occupying a single dwelling unit and using common cooking facilities; provided, however, no family shall contain more than three (3) persons, unrelated by blood, marriage, or adoption. 

 

FAMILY DAY CARE HOME.  A private residence in which the operator permanently resides as a member of the household in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty-four (24) hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption.  Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year (as amended July 8, 1996).

 

FARM.  Land and farm structures devoted to agricultural activities, including but not limited to: silviculture and nurseries, animal husbandry, apiaries, dairying, field crops, truck farming, orchards, and greenhouses.  The process­ing of produce grown on-site and berry processing of up to 50 tons per day is defined as an accessory use. 

 

FENCE:  An artificially constructed barrier of recognized building materials or combination of materials erected to enclose screen or separate areas. (as amended October 2002)

 

FLOOD HAZARD AREA.  An area subject to periodic flood hazard as defined in the National Flood Insurance Act of 1968, as from time to time amended. 

 

FLOODPLAIN.  An area subject to periodic flooding as defined in the National Flood Insurance Act of 1968, as from time to time amended.

 

FLOOR AREA.  The gross floor area of all floors of a building or an addition to an existing building.  For all office buildings and for any other building, except dwelling units where the principal use thereof shall include the basement, the basement floor area shall be included, except that part thereof which contains heating and cooling equipment and other basic utilities.

 

FLOOR, FIRST.  The main floor of a dwelling, characterized by kitchen facili­ties, an eating area, and a living room area.  In the case of split level type home, the floors with the kitchen, living room, and dining area shall be considered as the first floor. 

 

FOSTER CARE FACILITY.  An establishment that provides supervision, assistance, protection or personal care, in addition to room and board, to persons.  A foster care facility is other than a home for the aged or nursing home, licensed under Act No. 139 of the Public Acts of 1956, as amended, or a mental hospital for mental patients licensed under Sections 51 and 52 of Act No. 151 of the Public Acts of 1923, as amended (as amended July 8, 1996).

 

GARAGE.  A detached accessory structure or a portion of a main building used primarily for the parking of automobiles and light trucks.

 

GRADE.  (Deleted Demember 11, 1997)

 

GREENBELT.  A greenbelt shall be a planting strip or buffer strip, at least ten (10) feet in width, which shall consist of deciduous or evergreen trees, or a mixture of both, spaced not more than thirty (30) feet apart and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart and which grow at least five (5) feet wide and five (5) feet or more in height after one full growing season, which shall be planted and maintained in a healthy, growing condition by the property owner. 

 

GROUP DAY CARE HOME.  A private residence in which the operator permanently resides as a member of the household in which more than six (6) but not more than twelve (12) minor children are given care and supervision of periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.  Group day care home includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year (as amended July 8, 1996).

 

HOME OCCUPATION.  A gainful occupation conducted by members of the family only, within its place of residence, provided that the space used is incidental to residential use and that no article is sold or offered for sale, except such as is produced by such home occupation. 

 

Home occupation is further defined to include roadside stands which offer products grown on-site.  Personal services, such as licensed beauty/barber shops, massage clinics, and the like are specifically excluded from the defini­tion of home occupation. 

 

INSTITUTIONAL USES.  Churches, schools, hospitals and other similar public or semi-public uses. 

 

JUNKYARD.  A place where waste, surplus, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or hand­led; including house-wrecking yards, used lumber yards, and places or yards for use of salvaged house-wrecking and structural steel materials and equipment, including automobile wrecking, but excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations, when conducted entirely within a completely enclosed building. 

 

KENNEL.  Any lot or premises on which four (4) or more dogs, cats or other household pets, four (4) months of age or older, are kept either temporarily or permanently. 

 

LANDFILL.  Any facility licensed or regulated by either Public Act 641 of 1978 or Public Act 64 of 1979, as amended. 

 

LOT.  A piece or parcel of land occupied or intended to be occupied by a principal building and accessory structures, together with such open spaces as are required by this Ordinance. (Amended December 11, 1997)

(a)        Area, Lot:  The total area encompassed within the lines of a parcel or piece of property.

 

(b)        Corner Lot:  A lot located at the intersection of two (2) or more public or private streets. 

 

(c)         Depth, Lot:  The distance between the front and rear lot lines, measured along the median between the side lot lines.

 

(d)        Double Frontage Lot:  Any lot, excluding a corner lot, which fronts on two (2) streets which do not intersect.

 

(e)        Width, Lot:  The distance between the side lot lines, measured at the building setback line.

 

(f)         Waterfront Lot:  A lot which fronts on a street and on a navigable waterway.

 

LOT LINE.  A line bounding a lot or a parcel of property. (Amended December 11, 1997

 

(a)        Front:  The boundary line of a lot immediately adjacent to the street right-of-way upon which the lot fronts.  In the case of a corner lot, the line with the narrowest line would be considered the front lot line.  In the case of a double frontage lot, each line fronting on a street shall be a front lot line.  In the case of a waterfront lot, the line which fronts on a navigable waterway shall be a front line.

 

(b)        Rear:  The boundary line which is most distant from, and generally opposite to, the narrow front lot line. 

 

(c)         Side:  Any boundary line which is neither a front nor a rear property line.

 

MAINTENANCE GUARANTEE.  Means any security, other than cash, which may be accepted by the Township for the maintenance of any improvement required by this Ordinance. 

 

MOBILE HOME LOT.  A measured parcel of land within a mobile home park, which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occu­pants of such mobile home.  A mobile home lot, outside of a mobile home park, shall be the same as a single family dwelling lot in the same zoning district. 

 

MODULAR HOME.  A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flat-bed truck and assembled for permanent location on the lot.

 

MOTOR VEHICLE.  Every vehicle which is self-propelled. 

 

NATURAL RESOURCE EXTRACTION.  The commercial mining or removal of stone, gravel, sand, soil or other natural elements, including gas or oil from the land. 

 

NONCONFORMING USE OR STRUCTURE.  Any use or structure which was legally existing prior to the effective date of this Ordinance which does not now comply with the requirements herein.

 

ON-TRACT.  Means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way. 

 

PARCEL.  One or more platted or registered lots for development and taxation. 

 

PARKING AREA, SPACE OR LOT.  An off-street open area, the principal use of which is for the parking of motor vehicles. 

 

PERFORMANCE GUARANTEE.  Means any security which may be accepted by the Township, including cash. 

 

PERSON means an individual, sole proprietorship partnership, corporation, limited liability company or association.  (Amended April 9, 1998)

 

PLANNED UNIT DEVELOPMENT (PUD).  In the case of new development, a clustering of dwelling units or other improvements, such that useful open spaces and natural features are preserved and enhanced, according to a specific plan approved by the Township.  In the case of the West Olive area, a mechanism for the achievement of the above PUD concepts and the resolution of area problems, according to a specific plan developed by the residents of the West Olive area and approved by the Township.

 

PLANNING COMMISSION.  The Port Sheldon Township Planning Commission.

 

PRELIMINARY FLOOR PLANS AND ELEVATIONS.  Means architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immedi­ate environs. 

 

PREMANUFACTURED HOME.  A dwelling which consists of pre-fabricated units built in compliance with BOCA Code and approved by a State of Michigan authorized inspector.  These units are transported to the site on a removable undercarriage or flat-bed truck and assembled for permanent locations on the lot (as amended June 12, 1986).

 

PRINCIPAL OR MAIN USE.  The primary or predominant use of a lot.

 

To be inspected by the Ottawa County Road Commission or a qualified engineer at the expense of the developer (as amended March 12, 1987).

 

PRIVATE ROAD.  (Deleted December 11, 1997)

 

PUBLIC NUDITY means the knowing or intentional display of any individuals genitals, anus, or of a female individual’ breast, in a  public place, or any other place for payment or promise of payment by any person.  An individual’s genitals or anus shall be considered to be displayed if it or they are visible; an individual’s genitals or anus shall not be considered to be displayed if they are covered by a fully opaque covering.  A female individual’s breast shall not be considered to be displayed of the nipple and areola are covered by a fully opaque covering.  Payment or promise of payment includes the payment of , or promise of payment of , any consideration or admission fee.  Public Nudity does nor include any of the following:

 

a)   The exposure of a woman’s breast while breast-feeding a child, whether the nipple OR AREOLA IS VISIBLE DURING OR INCIDENTAL to the feeding.

 

b)   Any materials which meet or satisfy the definition contained in Section 2 of Act No 343 of the Public Acts of 1984, as amended, being MCLA 752.362.

 

c)    Any sexually explicit visual material as defined in Section 3 of Act No.33 of the Public Acts of 1978, as amended, being MCLA 722.673.

 

d)   Any display of an individual’s genitals or anus, or of a female individual’s breast, which occurs as part of the regular curriculum of an educational institution that is funded, chartered, or recognized by the State of Michigan.  (Amended April 9, 1998)

 

PUBLIC PLACE means any real property, or appurtenance to real property which is owned by the State of Michigan, by any municipality of this State, a public agency or by a college or university of this state.  The term includes, but is not limited to a structure, enclosure, facility or complex, such as a court, mall, park, or any subordinate unit of government, agency, commission, or instrumentality of the state.  PUBLIC PLACE” shall also mean a business or an educational, refreshment, entertainment, recreation, health, transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available tot he public. (Amended April 9, 1998)

 

RECREATION VEHICLE.  A vehicular type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping and travel use, and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes and/or marine vessel (as amended June 12, 1986).

 

RESTAURANT.  A business located in a building where, in consideration of the payment of money, meals are habitably prepared, sold and served to persons for consumption on or off the premises, having suitable kitchen facilities con­nected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals and deriving the major portion of its receipts from the sale of food.

 

RETAIL COMMERCIAL ESTABLISHMENT.  A store, market or shop in which commodities are sold or offered for sale in small or large quantities to the retail trade.  Grocery and general stores, meat markets, public garages, and automobile service stations are included in this classification.

 

ROADSIDE STAND.  A temporary building or structure designed or used for the display and sale of seasonal agricultural products (as amended June 12, 1986).

 

SEXUALLY ORIENTED BUSINESS means a business or commercial enterprise that conducts or engages in any of the activities hereinafter defined. (Amended April 9, 1998)

 

(a)  ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically controlled or mechanically controlled still picture or motion picture machines, projectors, or image-producing or image projecting devices are maintained to show images to five or fewer persons per machine or device art any time, and where the images are so projected, produced or displayed are distinguished or characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas.

 

(b)  ADULT BOOKSTORE OR ADULT VIDEO STORE means a commercial establishment that, as one of its business purposes or services, offers or sale or rental for any form of consideration, any of the following:

 

(1)  Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations or media which depict or describe Specified Sexual Activities or Specified Anatomical Areas; or,

(2)  Instruments, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities.

 

A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in paragraphs 1 or 2, above, and still be categorized as an Adult Bookstore or Adult Video Store.  The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if it compromises 20% or more of the establishment’s gross revenues, or of such materials occupy 20%

 

(c)  ADULT CABARET means a nightclub, bar restaurant, or similar commercial establishment that regularly features:

 

1.  Persons who appear in a state of nudity;

 

2.  Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities.

 

3.  Films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Anatomical Areas or Specified Sexual Activities;

 

4.  Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

 

(d)  ADULT MOTEL means a hotel, motel or similar commercial establishment that:

 

1.  Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas and has a sign visible from the public right-of-way that advertised the availability of any of the above;

 

2.  Offers a sleeping room for rent for a period of time that is less than (12) twelve hours; or

 

3.  Allows a tenant or occupant of a sleeping room to offer it for rent or other consideration for a period of time that is less than (12) twelve hours.

 

(e)  ADULT MOTION PICTURE THEATER means a commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction of Specified Sexual Activities or Specified Anatomical Areas.

 

(f)  ADULT THEATER means a theater, concert hall auditorium, or similar commercial establishment that regularly features a person or persons who appears in a state of nudity, or that regularly features live performances that are characterized by exposure of Specified Anatomical Areas or Specified Sexual Activities.

 

(g)  ESCORT means a person who, for consideration agrees or offers to act as a companion, guide, or date of another person or who agrees or offers to privately model lingerie or privately perform a striptease for another person.

 

(h)  ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its business purposes or services, for a fee, tip, or other consideration.

 

(i)  NUDE MODEL STUDIO means any place where a person who displays Specified Anatomical Areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, who pay money or any other form of consideration, but does not include an educational institution funded, chartered or recognized by the State of Michigan.

 

(j)  SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its business purposes or services, offers for any form of consideration any of the following:

 

1.  Any physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

 

2.  Activities between male and female persons or between persons of the same sex, when one or more of the persons is in a state of nudity.

 

SPECIFIED ANATOMICAL AREAS  are defined as: (Amended April 9, 1998)

 

1.  Less than completely opaquely covered human genitals, pubic region buttock or anus; or female breast immediately below a point immediately above the top of the areola; or,

 

2.  Human male genitals in a discernible turgid state, even if completely and opaquely covered.

 

SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: (Amended April 9, 1998)

 

1.  The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breast;

 

2.  Sex acts, normal or perverted, actual or simulated including but not limited o intercourse, oral copulation, or sodomy;

 

3.  Masturbation, actual or simulated; or,

 

4.  Excretory functions as part of or in connection with any of the activities set forth in paragraph 1,2, or 3 above.

 

SPECIFIED ANATOMICAL AREAS  are defined as: (Amended April 9, 1998)

 

1.  Less than completely opaquely covered human genitals, pubic region buttock or anus; or female breast immediately below a point immediately above the top of the areola; or,

 

2.  Human male genitals in a discernible turgid state, even if completely and opaquely covered.

 

SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: (Amended April 9, 1998)

 

1.  The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breast;

 

2.  Sex acts, normal or perverted, actual or simulated including but not limited to intercourse, oral copulation, or sodomy;

 

3.  Masturbation, actual or simulated; or,

 

4.  Excretory functions as part of or in connection with any of the activities set forth in paragraph 1,2, or 3 above.

 

STABLE.  A building and related structures used for the housing of horses, ponies, and the like for hire or for compensation.

 

STORY.  That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

 

STREET (Private).  A permanent unobstructed easement at least sixty-six (66) feet in width for access from a public street.

 

STREET (Public).  A publicly owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road, or other thoroughfare, except alleys and private streets.

 

STRUCTURE.  Anything except a building, constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. 

 

SWIMMING POOL.  Any structure, either above, below or partly above and partly below grade, designed to hold water to a depth of greater than two (2) feet when filled, and intended to be used for swimming purposes.  Natural bodies of water and manmade ponds shall not be considered to be swimming pools.

 

TOWNSHIP.  Port Sheldon Township, Ottawa County, Michigan.

 

TOWNSHIP BOARD.  The Port Sheldon Township Board.

 

TRAVEL TRAILER.  A transportable unit or motorized vehicle intended for occa­sional or short-term occupancy as a dwelling unit during travel, recreational, or vaca­tion use, but not including mobile homes as defined in this Ordinance.

 

TRAVEL TRAILER/RV PARK.  An area on which space is rented for travel trailers, as herein defined, on a temporary basis according to the provisions of Act 243, Public Act of 1959, as amended, and the provisions of this Ordinance.

 

VARIANCE.  An action by the Board of Appeals to vary or modify the requirements of this Ordinance in certain circumstances where, owing to particular condi­tions, literal enforcement of the Ordinance would result in unnecessary hardship.

 

Wireless Communication Facility.  All structural facilities, attached or accessory, related to the radio frequency spectrum for the purpose of transmitting or receiving radio signals, including radio and television towers; cellular telephone and paging devices; telephone devices and exchanges; microwave relay towers; telephone transmission equipment buildings; and commercial mobile radio service facilities.  (Not included are facilities for citizen band radio; short wave radio; ham and amateur radio; television reception antennae; satellite dishes; and government facilities which are subject to state and federal law)  Wireless communication facilities shall be specifically excluded from the definition of "essential public services".  (amended February 12, 2002)

 

Wireless Communication Support Structure.  Any structure used to support attached wireless communication facilities, or other antennae or facilities, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting an attached wireless communication facility or similar apparatus above grade, including any ground or roof-mounted pole, monopole, or other similar structures which support wireless communication facilities. (amended February 12, 2002)

 

YARD.  A required open space, unoccupied and unobstructed by any building or structure or portion thereof, except for certain yard encroachments. 

 

(a)        Front:  A yard extending across the full width of the lot, the depth of which is the distance between the street right-of-way line or navigable waterway and the main wall of the building or structure.

 

(b)        Rear:  A yard, unoccupied except for accessory buildings, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building.

 

(c)         Side:  A yard between a main building and the side lot line, extending from the front yard to the rear yard.  The width of the required side yard shall be measured from the nearest point of the side lot line to the nearest part of the main building.

 

ZONING ACT.  Act 184, the Township Rural Zoning Act of 1943, as amended.

 

ZONING ADMINISTRATOR.  The Port Sheldon Township Zoning Administrator.

 


 

ARTICLE III

 

MAPPED DISTRICTS

 

 

SECTION 3.01  ZONE DISTRICTS.  For the purpose of this Ordinance, the Township of Port Sheldon is hereby divided into five classes of zone districts known as: (Amended December 11, 1997)

 

                                    Single Family Residential District

                                    Commercial District

                                    Industrial District

                                    Agricultural District

                                    Planned Unit Development District

 

SECTION 3.02  ZONING MAP ADOPTED.  The boundaries of these districts are hereby established as shown on a map entitled "The Zoning Map of Port Sheldon Township, Michigan", dated June 22, 1985, as may from time to time be amended, which accompanies and is made a part of this Ordinance.  The Zoning Map of Port Sheldon Township, Michigan is kept at the Township Clerk's office.

 

SECTION 3.03  RULES APPLYING TO DISTRICT BOUNDARIES.  Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules of construction and interpretation shall apply:

 

(a)        Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines.

 

(b)        Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

 

(c)         Boundaries indicated as approximately following Township boundaries shall be construed as following Township boundaries.

 

(d)        Boundaries indicated as approximately following shorelines or lake or river beds shall be construed as following shorelines or lake or river beds, as in the event of change in the location of shorelines or lake or river beds, shall be construed as moving with the shoreline and lake or river bed.

 

(e)        Boundaries indicated as approximately following property lines, section lines or other lines of a government survey shall be construed as fol­lowing such property lines, section lines or other lines of a government survey as they exist as of the effective date of this Ordinance or applicable amendment thereto.

 


Where these rules of construction are insufficient for interpretation by the Zoning Administrator, or where a property owner is aggrieved by the Zoning Administrator's interpretation, the Zoning Board of Appeals shall make the interpretation, pursuant to the provisions of Article XIII.

SECTION 3.04  AREAS NOT INCLUDED WITHIN A DISTRICT.  In every case where property has not been specifically included within a district or is annexed into the Township after the effective date of this Ordinance, the same is hereby declared to be in the Agricultural District.  Such provisions shall apply pending the promulgation and adoption of new Township zoning regulations for such property in the manner prescribed by law.

 

 

 


 

 

ARTICLE IV

 

GENERAL PROVISIONS

 

 

These general provisions shall apply to all zoning districts: 

 

SECTION 4.01  SCOPE.  Except as hereinafter specified, no building, structure, or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located and other applicable requirements of this Ordinance. 

 

SECTION 4.02  MIXED OCCUPANCY.  All mixed uses shall meet all requirements of the individual uses. 

 

SECTION 4.03  REQUIRED AREA OR SPACE.  No lot or lots in common ownership, and no yard, court, parking area or other space shall be so divided, altered or reduced to make said area or dimension less than the minimum required under this Ordinance.  If the same is already less than the minimum required under this Ordinance, said area or dimension shall not be further divided or reduced.  No area, space, yard or parking area required for the compliance with this Ordinance shall be ascribed to any other building or use. 

 

SECTION 4.04  TRAFFIC VISIBILITY ACROSS CORNER LOTS.  On any corner lot or parcel, no fence, structure or planting over thirty (30) inches in height shall be erected or maintained, within twenty (20) feet of the corner property line, so as to interfere with traffic visibility across the corner. 

 

SECTION 4.05  HEIGHT EXCEPTIONS.  The height requirements established by this ordinance shall apply uniformly in each zoning district to every building and structure except that the following structure and appurtenances shall be exempt from the height requirements of this ordinance; spires, belfries, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles, power lines, radio and television broadcasting and receiving antennas, wireless communication facilities and support structures, silos, parapets and other necessary mechanical appurtenances, provided their location shall conform where applicable to the requirements of the Federal Communications Commission, the Civil Aeronautics Administration and other public authorities having jurisdiction.  (amended February 12, 2002)

 

SECTION 4.06  ESSENTIAL PUBLIC SERVICES.  Essential public services, as defined in Article II, shall be permitted in all classes of districts; provided that all buildings or structures to be constructed, or structural changes or alterations to be made, shall be subject to approval by the Planning Commission as to architectural or landscaping compatibility with the neighborhood. 

 

SECTION 4.07  CONTROL OF HEAT, GLARE, FUMES, DUST, NOISE VIBRATION AND ODORS.  Every use shall be so conducted and operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond the lot on which the use is located. 

 

SECTION 4.08  TEMPORARY USES OR STRUCTURES.

 

(a)        Upon application, the Zoning Administrator may issue a permit for a temporary office structure or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site.  Each permit shall be valid for a period of not more than six (6) calendar months and shall be renewed by the Zoning Adminis­trator for four (4) additional successive periods of six (6) calendar months or less at the same location if such structure or yard is still incidental and necessary to construction at the site where located.

 

(b)        Upon application, the Zoning Administrator may issue a permit for a temporary office which is both incidental and necessary for the sale or rental of real property in a new subdivision or housing project.  Each permit shall specify the location of the office and area and shall be valid for a period of not more than six (6) calendar months and shall be renewed by the Zoning Administrator for four (4) additional successive periods of six (6) calendar months or less at the same location if such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing project.

 

(c)         In considering such authorization, the Zoning Administrator shall consider the following standards: 

 

(1)        The nature of the surrounding neighborhood; 

(2)        The effect upon adjacent properties; 

(3)        Necessary for the convenience and safety of the construction proposed; 

(4)        Traffic access.

 

(d)        Temporary dwellings are prohibited, except as permitted under Section 4.21, Certain Uses Prohibited. 

 

SECTION 4.09  ACCESSORY USES.  No lot or parcel may be used for an accessory use where a principal use has not been established. 

 

SECTION 4.10  ACCESSORY BUILDINGS.  Except as expressly permitted in this Ordinance, all accessory buildings shall conform to the following requirements (Amended December 11, 1997).

(a)        No accessory building may be built on any agricultural, residential, commercial, or industrial zoned lot on which there is no principal building, except that land owned in common by a residential property owner's association or similar entity may be used for non-commercial docks, boat houses, and mooring facilities.

(b)        Accessory buildings shall be considered as attached to a principal building when the distance between the two (2) buildings is solidly connected by a covered breezeway, portico, covered colonnade, or similar architectural device. 

            Where the accessory building is structurally attached to a principal building, it shall conform to all yard regulations of this Ordinance applicable to principal buildings.

(c)         In the R-1 District, no detached accessory building shall be erected in any front yard.  Detached accessory buildings for single-family dwellings shall be at least ten (10) feet from the side or rear property line.  No detached accessory building shall be located any closer than ten (10) feet to the principal building.

            One detached accessory building is permitted per parcel and shall not exceed in total area of one point seven five percent (1.75%) of the lot area with a maximum accessory building size of eleven hundred (1,100) square feet.  This does not include the area of an attached garage.  An attached garage shall not exceed one thousand (1,000) square feet in area.

No detached accessory building within a residential district shall exceed a height of fifteen (15) feet.

(d)        In the Agricultural District, a detached accessory building is prohibited in the first fifty (50) feet of any front yard, except for roadside stands.  Roadside stands, where permitted, shall be set back a minimum of fifteen (15) feet from the road surface and shall not be located within the public right-of-way . 

            Detached accessory buildings in the side yard shall conform to the yard requirements of a principal structure.  Detached accessory buildings in a rear yard shall be not less than ten (10) feet to any rear or side property line.  No detached accessory building shall be located any closer than ten (10) feet to the principal building.

No detached accessory building in the Agricultural District shall exceed twenty (20) feet in height.  Detached accessory buildings greater than twenty (20) feet in height may be authorized by the Planning Commission as a special use.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

(1)        The intended use of the building and the type of material to be stored.

(2)        The location of other detached accessory buildings and the height of these buildings compared to the proposed accessory building.

(3)        The architectural character of the proposed accessory building compared with the architectural character of surrounding buildings and uses.

(4)        The visual impact of the proposed accessory building on adjacent property owners when considering existing and proposed landscaping.

Any accessory building housing animals shall be located a minimum of one hundred twenty-five (125) feet from all street right-of-ways and existing residential buildings, and a minimum of fifty (50) feet from any property line.

 

Detached accessory buildings shall not exceed one point seven five percent (1.75%) of the lot area with the maximum size of four thousand (4,000) square feet.  If the applicant desires more than four thousand (4,000) square feet of accessory building, then they must apply for a special use for consideration by the Planning Commission.  In consideration of such special use, the Planning Commission shall consider the provisions of Article XVIII plus the nature of the request, the location of the building, the purpose of the building, the impact of the building on the surrounding property and public comments.  This does not include the area of an attached garage.  An attached garage shall not exceed one thousand (1,000)  square feet in area.

For parcels which contain no principal dwelling, a detached accessory building may only be authorized by the Planning Commission as a special use.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

 

(1)        The proposed accessory buildings shall be used for agricultural purposes only.

(2)        The size of the parcel proposed for the accessory use and its long term agricultural potential.

(3)        The location of adjacent uses and buildings and the impact of the proposed use on the existing uses and structures.

(4)        The visual impact of the proposed accessory building on adjacent property owners when considering existing and proposed landscaping.

(e)        In the commercial, industrial, or open space districts, no accessory building shall be erected in any front yard.  Accessory buildings shall be limited to one structure per parcel with a maximum area of one thousand (1,000) square feet and shall comply with the yard and height regulations of the respective districts. 

(f)         In all districts, for lots with two front yards (corner or double frontage lots), no accessory building shall be located in the required minimum setback of either front yard.

(g)        When a back lot line adjoins a side yard of an adjacent lot, no accessory building shall be nearer to said lot line than the side yard requirements of the district.

(h)        For waterfront lots, detached accessory buildings may be located no closer than forty (40) feet to the water's edge, except that pump houses may be located within forty (40) feet of the water's edge if they do not exceed three (3) feet in height.

            A private garage may be constructed in the rear yard of any waterfront lot if it is an accessory building and if it is located no closer than forty (40) feet from the road right-of-way or private easement.

(i)         The architectural character of all accessory buildings shall be compatible with the principal building and the character of the surrounding area.

(j)         In no instance shall an accessory building be located within a dedicated easement.

(k)        No portion of a detached accessory building shall be utilized as a dwelling or as sleeping quarters, except for approved migratory worker housing.

(l)         No mobile home, portable structure, vehicle, trailer, or other such substitute shall be permitted to be used as a garage or accessory building.

SECTION 4.11  DOUBLE FRONTAGE LOTS.  Buildings on lots having frontage on two (2) intersecting or nonintersecting streets shall comply with front yard requirements on both such streets. 

 

SECTION 4.12  GOVERNMENTAL IMPROVEMENTS.  The provisions of this Ordinance shall be applicable to the Township itself and all other governmental agencies and units; federal, state or local. 

 

SECTION 4.13  WATER AND SANITARY DISPOSAL FACILITIES, AVAILABLE.  No permit shall be issued for the construc­tion of a building or structure, which is to have drinking water or sanitary facilities, which is to be located on a lot which is not served by water or sanitary disposal facilities in conformance with all requirements of the Ottawa County Health Department and any other local, state or federal requirements. 

 

SECTION 4.14  KEEPING OF PETS AND LIVESTOCK.  The keeping of more than three (3) dogs and/or cats or the keeping of poultry, hogs, horses or other livestock is prohibited, except as permitted in an Agricultural District 8.02(a) (as amended June 12, 1986).

 

SECTION 4.15  SWIMMING POOLS.  Swimming pools, as defined in Article II, shall be subject to the following requirements:

 

(a)        Permit.  It shall be unlawful for any person to install or place upon any lands in the Township of Port Sheldon a swimming pool unless first securing a permit therefor from the Township Building Inspector and it shall be unlawful for any person to erect, place or maintain any swimming pool on any lands in the Township of Port Sheldon, contrary to any of the provisions of this Ordinance.

 

(b)        Application.  Each person desiring to build or install a swimming pool shall file an application for a permit to do so.  Such application shall show the size of the pool, type of construction, and its position in relation to the lot or property lines on which it is to be located.  A fee (see Fee Schedule) shall be paid to the Township Building Inspector with each application as filed.

 

(c)         Location.  The outside edge of the wall of any swimming pool shall not be placed nearer than four (4) feet to any lot or property line on which said pool is to be placed or constructed, provided that if any part of the pool walls are more than two (2) feet above the surrounding grade level, then such pool shall be placed or erected not less than ten (10) feet from any side or rear lot line.

 

(d)        Construction.  Any pool constructed of poured concrete shall have a bottom not less than six (6) inches thick and walls of not less than eight (8) inches in thickness, all of which walls and bottom shall be reinforced with metal reinforcing rods.  Liner type pools may be constructed or installed, provided that the liner used is made and furnished by a manufacturing concern which, as part of its business, regularly makes swimming pool liners out of plastic, rubber, fiberglass, steel or any other type product, and provided that the bottom and walls of such liner type pool are constructed in accordance with the specifications of the manufacturer of the liner.

 

(e)        Enclosure.  Each swimming pool shall be enclosed by a fence or wall of a height of not less than four and one-half (4-1/2) feet and in such manner that no person may enter the yard or the area where such pool is located without passing through a gate or door located on the lot or parcel of land on which such pool is situated.  Said fence may be placed on or anywhere inside the property lines of the lot or yard where such pool is situated, provided that no fence may be erected closer to a street than a building may be erected in the zone district in which such pool is located.

 

(f)         Gates and Doors.  All gates and doors which permit access to the pool area shall be capable of being locked and shall be locked at all times when no person is present on the premises on which such pool is located.

 

SECTION 4.16  UNLICENSED AND INOPERABLE VEHICLES.  No unlicensed vehicle, which is ordinarily licensable under the laws of the State of Michigan as originally manufactured, shall be stored or parked upon any lot or parcel of land within the Township except an agricultural vehicle that is used seasonally (as amended September 11, 1986).

 

SECTION 4.17  HOME OCCUPATIONS.  All home occupations shall be subject to the following restrictions and regulations: 

 

(a)        The occupation shall be operated entirely within an enclosed building. 

 

(b)        The occupation shall be conducted only by the person or persons occupying the premises as their principal residence a major portion of each month. 

 

(c)         The dwelling has no exterior evidence, other than a two (2) square foot sign, to indicate that the same is being utilized for any purpose other than that of a dwelling. 

 

(d)        The occupation conducted therein is clearly incidental and subordinate to the principal use of the premises for residential purposes. 

 

(e)        No occupation shall be conducted upon, or from, the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises.  Noise, smoke, odor, electrical disturbance, or the source of lighting shall not be discernible beyond the boundaries of the property from which the occupation is con­ducted. 

 

SECTION 4.18  LITTER.  No person shall dump, deposit, or bury on any public or private land situated in the township any tin cans, automobile bodies, appliances, junk, movable structures or other litter or waste material of any kind or description unless such area is a municipally owned or operated public landfill, waste collection depot; and no dumping, depositing, littering, placing or permitting to be so deposited of any such waste material of any kind or nature in violation of Michigan Public Act 106 of 1963, as amended, shall be allowed within the township. 

 

SECTION 4.19  RIVER AND CREEK SETBACKS.  No building or structure, except docks,  shall be erected within any designated Floodplain or Flood Hazard Area of Pigeon Creek or Ten Hagen Creek.  Further, no building or structure shall be erected within forty (40) feet of any designated Floodplain or Flood Hazard Area, or within forty (40) feet of any natural, continuously flowing stream or creek, whichever is more.  (Amended December 11, 1997)

 

SECTION 4.20  GRADE LEVELS AND ON-SITE DRAINAGE.  The existing elevation of land or improvements at a property line shall be maintained.  No storm water runoff, in excess of that occurring under natural and undeveloped conditions, shall be permitted to enter a drain, creek, marsh, pond or lake or to flow onto another persons property.  Where a drainage district has been established, the storm water runoff, entering said drain, may be increased.  Storm water runoff shall be controlled through the use of site grading, swales, retention ponds, dry wells, and other appropriate means.

 

In an Agricultural District, the established water table at the property line shall not be artificially raised by more than six (6) inches nor lowered by more than six (6) inches.

 

SECTION 4.21  CERTAIN USES PROHIBITED.  Under the provisions of this Ordinance, it shall be unlawful to: 

 

(a)        Maintain a truck, truck trailer, motor home, camper or similar vehicle, either operable or inoperable, as a storage building.  (Amended December 11, 1997)

 

(b)        Occupy a travel trailer, recreation vehicle, tent or any other similar unit as a permanent dwelling.  Occupy a travel trailer, recreational vehicle, tent, or any other similar unit as a temporary dwelling outside of a campground approved by the State Department of Health, except a tent within an area approved by the Township Board as a temporary primitive campground for a non-profit organization.  In making its determination, the Township Board shall consider:

 

(1)        The effect on the surrounding area and the township as a whole.

(2)        The provisions for temporary water and sanitary waste disposal.

(3)        The provisions for fire protection and other emergency services.

(4)        The provisions for restoring the area to its original condition after the event has ended.

 

The Township Board may condition its approval on reasonable conditions necessary to protect the public interest as described in Article I of this Ordinance.  These conditions may include, but are not limited to, fixing the maximum number of people, fixing the beginning and ending dates, and the posting of a bond.

(c)         Occupy a mobile home as a temporary dwelling outside of a mobile home park, except when approved by the Zoning Administrator.  The Zoning Administrator may not approve a temporary mobile home unless all of the following conditions are met (as amended June 12, 1986).

 

(1)        The mobile home is located on a parcel of land of not less than two (2) acres and meets all yard and setback requirements of the district in which it is located. 

(2)        The mobile home is occupied by the owner of the parcel or an employee of the owner of the parcel (as amended June 12, 1986).

(3)        The mobile home shall be occupied during the construction or major rehabilitation of the primary dwelling. 

(4)        The mobile home shall be hooked to a water supply and wastewater disposal system, approved by the Ottawa County Health Department. 

(5)        A bond, in the amount of $1,000, has been posted for the removal of the mobile home in the event that the time limit has expired, or that the conditions of the approval have not been met, or that the temporary mobile home has become a public nuisance. 

 

The Zoning Administrator may approve a temporary mobile home for not more than six months.  The  Zoning Administrator may issue one extension for a period of not more than six months, providing that all conditions of the approval are met, and the temporary mobile home has not become a public nuisance.  The Zoning Administrator may consult with the Planning Commission prior to the issuance of any extension. 

 

(d)        Occupy a boat in Pigeon Lake, except while at anchor for three or less nights, or for such time as may reasonably be necessary to make repairs or to wait out a storm. 

 

(e)        Occupy or construct a dwelling for migratory workers, except as permitted in Article VIII, Agricultural District, Section 8.02, Use Regulations. 

 

SECTION 4.22  MINIMUM REQUIREMENTS FOR DWELLINGS OUTSIDE OF MOBILE HOME PARKS.  All dwelling units located outside of mobile home parks shall comply with the following requirements:

 

(a)        All dwelling units shall provide a minimum height between the floor and ceiling of seven and one half (7.5) feet.

 

(b)        The minimum width of any single family dwelling unit shall be twenty (20) feet for at least sixty-seven (67) percent of its length, measured between the exterior part of the walls having the greatest length.

 

(c)         There shall be a foundation of concrete or block around the entire exter­ior perimeter of all dwellings.  The foundation shall have a minimum depth of forty-two (42) inches below grade.  The foundation shall provide a maximum exposed foundation above grade of sixteen (16) inches and a minimum exposed foundation above grade of eight (8) inches.

 

(d)        All dwellings without basements shall provide a crawl space below the entire floor of the dwelling four (4) feet in depth, with a vapor barrier consisting of two (2) inches of concrete on the floor of the crawl space.  The crawl space shall also be provided with adequate drains to drain any accumulation of water in the crawl space.  The building inspector may allow an alternative building plan to be utilized if consistent with the approved construction code of the Township.

 

(e)        All dwellings shall be firmly attached to the foundation so as to be watertight as required by the construction code adopted by the Township or, if a mobile home, shall be anchored to the foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction & Safety Standards."

 

(f)         The wheels, pulling mechanism, and tongue of any mobile home shall be removed prior to placement on a foundation. 

 

(g)        All dwellings shall be connected to a sewer system and water supply system approved by the Township or the County Health Department.

 

(h)        All dwellings shall provide steps or porch areas, where there exists an elevation differential of more than one (1) foot between any door and the surrounding grade.  All dwellings shall provide a minimum of two points of ingress and egress.  (Amended December 11, 1997)

 

(i)         All additions to dwellings shall meet all the requirements of this Ordi­nance.

 

(j)         All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six (6) inches on all sides or alternatively with window sills or roof drainage systems, concentrating roof drainage at collection points along sides of the dwellings.  The compatibility of design and appearance shall be determined in the first instance by the Building Inspector upon review of the plans submitted for a particular dwelling.  An appeal by an aggrieved party may be taken to the Zoning Board of Appeals.  Any determi­nation of compatibility shall be based upon the standards set forth in this section as well as the character, design and appearance of residential dwellings located outside of mobile home parks within five hundred (500) feet of the subject dwelling.  The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

 

(k)        Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan adequate to illustrate compliance with the requirements of this Ordinance, shall be submitted to the Building Inspector.  If the dwelling unit is a mobile home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to mobile homes set forth in this section.

 

(l)         All mobile homes shall meet the standards for mobile home construction contained in the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction & Safety Standards" effective June 15, 1976, as amended.  All other dwellings shall meet the requirements of the construction code adopted by the Township.

 

(m)       A minimum of one hundred (100) square feet of enclosed storage space, excluding closets, shall be provided for each dwelling.  Said enclosed storage space may consist of a basement, garage, shed or other structure approved by the Building Inspector. 

 

SECTION 4.23  REMOVAL OF NATURAL RESOURCES.  Removal and processing of topsoil, stone, rock, sand, gravel, lime or other soil or mineral resources when authorized as a special use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the following:

 

(a)        The size of the property from which such topsoil, sand, gravel, or other such materials are to be removed; 

 

(b)        The amount of topsoil, sand, gravel or other such materials which is to be removed;

 

(c)         The purpose of such removal;

 

(d)        The effect of such removal on adjoining property;

 

(e)        The effect of such removal in causing a safety hazard, creating erosion problems, or altering the groundwater table;

 

(f)         The potential for such removal to cause the creation of sand blows, stagnant water pools, or swampy areas;

 

(g)        The effect of such removal on the environment and the natural topography, and the potential destruction of any natural resource;

 

(h)        Potential traffic congestion and problems because of trucks or other vehicles or means utilized to haul and transport the materials removed;

 

Operations granted a special use permit by the Planning Commission shall meet the following conditions:

 

(i)         Any change of the natural contour of the land, both during mining opera­tions and at the time of abandonment, shall be maintained as safe to all trespassers and any other persons having reason to be within the area of activity;

 

(j)         No business or industrial buildings or structures of a permanent nature shall be erected, except where such building is a permitted use within the District in which the extraction activity is located;

 

(k)        No storage or truck parking shall be located within two hundred (200) feet of any adjacent residence or within fifty (50) feet of any other adjacent property;

 

(l)         All of the operation shall be screened with a wire screen or uniformly painted wood fence at least six (6) feet in height, with evergreen screen plantings on any side adjacent to residentially zoned property;

 

(m)       As the natural resources are being removed, the property shall be restored by the replacement of topsoil where feasible; and all excavations shall be sloped to a gradient with not more than a thirty (30) degree slope and the contour be caused to blend as nearly as possible with the natural surroundings.  The excavation area shall be planted with a suitable ground cover sufficient to control erosion.  A reclamation plan shall be submitted as part of the application.  (Amended December 11, 1997)

 

(n)        All truck operations shall be directed away from residential streets and utilize county primary roads wherever possible;

 

(o)        The Planning Commission may require a financial guarantee (cash or letter of credit) as deemed necessary to insure that requirements are fulfilled, and may revoke permission to operate at any time specified conditions are not maintained.  The financial guarantee shall not be released by the Township until such time the site has been restored as indicated in the reclamation plan and as verified by the Zoning Administrator.  (Amended December 11, 1997)

 

(p)        Topsoil or sand may be removed from a lot for the purpose of erecting or constructing a building, structure or pond on the lot, provided a permit is first obtained from the Building Inspector.  If any removal from a parcel shall exceed five hundred (500) cubic yards of material, then the applicant shall comply with the provisions of Section 4.23 a-o and q.  In addition, topsoil or sand may be moved from one part of a lot to another part if such action will not cause, or be likely to cause, sand blows, stagnant water pools, bogs or possible future injury to adjoining proper­ties;

 

(q)        The applicant shall secure all necessary permits from Township, County, State and Federal authorities.

 

(r)         Man-made ponds, lakes, or bodies of water which are to be created or altered as a result of the removal of natural resources shall be reviewed and approved in light of the provisions and standards contained in Section 4.24; and for the purposes of this section, the provisions of Section 4.24 are incorporated herein by reference.  Unless such body of water is contemplated and incorporated on plans of sufficient detail and approved as part of a special use permit application under the provisions of this section, a separate special application under the provisions of this section, a separate special use permit under the provisions of Section 4.24 shall be required (as amended March 26, 1990).

 

(s)         In considering adjacent land and use impacts, the Planning Commission shall review the potential for dust and soil deposit where the exit to the proposed operation enters a public street and consider the best possible solution to solve this concern with either pavement or other suitable material. (Amended December 11, 1997)

 

SECTION 4.24  MAN-MADE PONDS. The routine maintenance of an existing pond consistent with an approved plan shall be reviewed and approved by the Zoning Administrator.  No person shall create or enlarge an existing pond unless it has been authorized by the Planning Commission as a special use.  (Amended December 11, 1997)

 

(a)        In considering such authorization, the Planning Commission shall consider the following:

 

(1)        The location of the proposed or existing pond;

(2)        The safety precautions to be taken to protect those using the pond, or who might be endangered by it;

(3)        The size, depth, and water capacity of the pond;

(4)        The water source and method of water discharge;

(5)        The method of filtration and treatment of the water, if required.

 

(b)        Man-made ponds granted a special use approval by the Planning Commission shall meet the following conditions:

 

(1)        A man-made pond in any zoning district shall be set back a minimum of thirty (30) feet from all property lines.

(2)        Man-made ponds to be located in an agricultural district shall not artificially raise the established water table more than six (6) inches as measured at the property line.

(3)        No pond shall be used or maintained unless adequate public health measures are periodically taken to ensure that the existence of use thereof does not cause the spread of disease, stagnation, or otherwise provide conditions dangerous or injurious to the public health.

(4)        The discharge pipe from any pond without a direct outlet to an established drain shall:

a)         not exceed four (4) inches in diameter;

b)         be constructed of galvanized iron or other such standard and durable material as may be approved by the Building Inspector.

No ponds shall be wholly or partially emptied in any manner that will cause water to flow upon the land of another, and no pond shall be wholly or partially emptied upon any land if a storm drain is readily accessible to the premises on which the pond is located.  Discharge into the public sanitary sewer system is prohibited.

(5)        No public water shall be used in connection with the filling or operation of a pond when limitations on the consumption and use of public water are in effect.

(6)        The slopes of the banks or sides of the pond shall be constructed so that for each one foot of fall there shall be a minimum of four (4) feet of run.  This minimum slope angle must be maintained and extended into the pond water to a depth of at least five (5) feet.  These slope requirements shall not apply to any industrial facility, an agricultural irrigation pond, nor to any natural body of water or established County drain.

(7)        Unless otherwise authorized by the Planning Commission under the provisions of Section 4.23 of this Article, "Removal of Natural Resources," spoils shall be retained on-site, graded, and seeded to promote rapid revegetation and to minimize the risk of erosion.

(8)        No pond shall be constructed or maintained which either causes or contributes to the erosion of any adjacent, abutting, or nearby lands.

 

(c)         If the Planning Commission determines, in the course of its approval of a pond, that the protection of the general public requires that the pond be enclosed, the Planning Commission shall require that the pond be enclosed by a wall, fence, or other type of enclosure.

 

The wall, fence, or other enclosure shall:

 

(1)        be not less than four feet above the grade line;

(2)        be designed so that a child cannot pass through or under the fence, wall, or other enclosure except at a gate or door.

 

All gates or doors leading to a pond, except a door in any building forming part of the enclosure, shall be fitted with a self-closing positive latching device.

 

(d)        The applicant shall secure applicable County, State, and Federal permits prior to authorization by the Planning Commission (as amended March 26, 1990).

 

SECTION 4.25  DOCKS, BOAT HOUSES, AND MOORING FACILITIES.  Docks, boat houses, and mooring facilities in any residential or industrial zoning district, according to the following criteria and requirements:

 

(a)        In residential areas, no dock, boat house, or mooring facility, whether seasonal or permanent, shall:

 

(1)        Have a length, or aggregate length, in the longest direction of more than fifty (50) percent of the water frontage of the lot.

(2)        Be built closer to any property line than ten (10) feet.

(3)        Have a height greater than fifteen (15) feet from the elevation of the mean water level.

(4)        Project into the waterway more than twenty-five (25) feet or ten (10) percent of the width of the waterway, whichever is lesser.

(5)        Be used for commercial purposes or rented for compensation in any form.

(6)        Be so constructed or arranged so as to constitute a hazard to naviga­tion.

 

(b)        In industrial areas, no dock, boat house, or mooring facility, whether seasonal or permanent, shall:

 

(1)        Be constructed or arranged so as to be other than parallel to the shoreline.

(2)        Be built closer to any property line than one hundred (100) feet.

(3)        Be used for dockage or moorage other than is necessary for reasonable loading or unloading, emergency repairs, or to wait out a storm.

(4)        Project into the waterway more than fifty (50) feet or ten (10) percent of the width of the waterway, whichever is lesser.

(5)        Be so constructed or arranged so as to constitute a hazard to navi­gation.

 

SECTION 4.26  ROAD AND HIGHWAY SETBACKS. No building shall be closer to a street than the minimum front yard requirement of its district.  The minimum front yard requirement on a lot adjoining a major street including Port Sheldon Road, Lake Shore Drive, Butternut Drive, Croswell and West Olive Road shall be measured from a line sixty (60) feet from, and parallel to, the centerline of the street.  For section and quarter section roads, the minimum front yard requirement shall be measured from a line forty-three (43) feet from, and parallel to, the centerline of the street, and where adjoining any other street in the Township the front yard shall be measured from a line thirty-three (33) feet from, and parallel to, the centerline.  (Amended December 11, 1997)

 

SECTION 4.27  YARD ENCROACHMENTS.  Every part of every required yard or setback area shall be open and unobstructed by any use or structure from the ground to the sky, except as hereinafter provided:

 

(a)        Sills, belt courses, pilasters, chimneys, and other similar architectural appurtenances may project not more than twelve (12) inches into a required yard or setback area.

 

(b)        Cornices, eaves, and similar architectural appurtenances may project not more than thirty (30) inches into a required yard or setback area.

 

(c)         Fire escapes may project not more than six (6) feet into a required yard or setback area.

 

(d)        Uncovered stairs, porches, and decks shall meet the setback requirements of the zone district.

 

(e)        Swimming pools, accessory buildings, and accessory structures may be located in any required yard or setback area subject to applicable regula­tions contained elsewhere in this ordinance.

 

(f)         Uncovered walks, patios and driveways, and parking areas; landscaping; fences; retaining walls; and similar customary and incidental yard uses and structures may be located in any required yard or setback area.

 

SECTION 4.28  REGISTRATION OF LAND.  Every building hereafter erected shall be located on a parcel of land the description of, and deed to which, shall be on record in the Office of the Registrar of Deeds of Ottawa County.  No more than one main building, together with its customary accessory buildings and structures, shall be erected on such lot or parcel of land, provided that approved planned unit developments may have more than one main building.

 

SECTION 4.29  ACCESS. Every lot or parcel of land shall have the legal required frontage from a public street or an approved private street.  All buildings shall be so located as to provide safe and convenient access for servicing, fire protection, and required off-street parking. (Amended December 11, 1997)

 

SECTION 4.30  SLOPE PROVISIONS.  Excavation shall not be permitted on natural slopes of twenty-five (25) percent or greater, without an adequate plan for restoration and stabilization.  Where excavations occur on slopes of less than twenty-five (25) percent, such alterations will be stabilized with vegetation and, where necessary, structural erosion controls.  All excavations shall meet the requirements of the Soil Erosion and Sedimentation Control Act.

SECTION 4.31  FLOOD DAMAGE PREVENTION.  All buildings and structures to be erected in the designated floodplain shall meet the requirements of the Flood Damage Prevention Ordinance, Ordinance No. 18, as amended.  This area is specifically designated on the Flood Insurance Rate Map (FIRM) as prepared by the Federal Insurance Administration and is generally adjacent to the Post Drain, the Pigeon River, and the Ten Hagen Creek.

 

SECTION 4.32  APPLICABLE REGULATIONS.  When the provisions of this Ordinance are higher than local, county, state or federal regulations, the higher standard shall prevail.  When local, county, state or federal regulations are higher than the provisions of this Ordinance, the higher standard shall prevail.

 

Section 4.33  LOT WIDTH.  The minimum lot width for lots fronting on cul-de-sac streets (public or private) shall be measured at the rear of the required front yard setback and shall not be diminished throughout the lot.  Such lots shall have a front lot line of at least forty (40) feet and in no case shall the lot width within the front yard be less than forty (40) feet (as amended January 12, 1995).

 

Section 4.34.  Radio/Television, Microwave, CTV Towers and Accessory Structures.  (amended February 12, 2002)

A.        Applicability.

1.         New Towers and Antennas.  All new towers or antennas in Port Sheldon Township shall be subject to these regulations, except as provided in sections A(2) through (4), inclusive.

2.         Amateur Radio Station Operators.  This section shall not govern any tower, or the installation of any antenna, that is under one hundred and twenty five (125) feet in height and is owned and operated by a federally-licensed amateur radio station operator.

3.         Preexisting Towers or Antennas.  Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section unless modified.

B.         Uses.

1.         Permitted Uses.  The following uses may be administratively approved after review:

(a)        Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the Industrial District provided it is setback a minimum of three hundred (300) feet from a public right-of-way.

(b)        Locating antennas on existing structures or towers.

(i)         A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.

(ii)        Height

(a)                 An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the towers existing height, to accommodate the collocation of an additional antenna.

2.         Special Use.     A new tower or wireless communication facility is permitted when authorized by the Planning Commission as a special use with consideration of the following conditions:

A.        Height:  Towers for radio, television, cellular phones and other transmitting and relay antenna towers shall be located so any setback equals the setback from any adjacent or adjoining property lines equal to or greater than the height of the tower.  The maximum height shall be the minimum demonstrated to be necessary by a radio frequency engineer.  However, in no case shall be height of the tower exceed 175 feet.  The radio frequency reception data maps showing signal strength information for the tower location shall accompany all applications.

B.         Construction:  All towers shall be a monopole or stealth technology and comply with all Michigan building code regulations.  The applicant shall provide all appropriate engineering information, site plans, and drawings to the Building Official at the date of application.  No building other than the associated support building, sidewalk, parking lot or other area with anticipated pedestrian or vehicular traffic shall be permitted within the self-collapsing or "safe fall" area.

C.        Compatibility:  The entire facility must be aesthetically and architecturally compatible with the surrounding environment.  The use of residentially compatible materials such as wood, brick and stucco is required for associated support buildings, which shall be designed to architecturally match the exterior of residential structures within the neighborhood.  The structures shall be located and constructed in compliance with the following criteria:

1.         Location Criteria

a.         Facilities shall be sited to minimize views from residential areas or the public right-of-way.

b.         Concentration of support structures will be limited in all geographic areas to avoid excessive visual impacts.

c.          The structure shall be located on a site of not less than two (2) acres consisting of a rectangle of with not more than a three (3) to one (1) depth to width radio.

d.         Minimum spacing between towers shall be two (2) miles.

2.         Development and Design Standards

a.         Support structures shall be located as to be screened from view by siting them near buildings or placed near existing tall trees to the extent possible.

b.         Whenever possible, all support structures shall be of a monopole design.

c.          Support structures shall be located a minimum of one hundred fifty (150) feet from any residential lot line.

d.         Support structures shall be painted in unobtrusive colors.

e.         Support structures shall be designed to prevent unauthorized climbing.

f.          When the FAA or other federal or state authority requires lighting, it shall be the minimum required to meet regulations.  It shall be oriented inward so as not to project onto surrounding properties.

g.         The Planning Commission may require anti-climbing devices and security fencing of at least six feet preventing access to the associated building, tower, and/or guyed wires.

h.         Signs and logos are prohibited on the tower.

i.          All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and structure, or between towers, shall be at least sixteen (16) feet above the ground at all points, unless buried underground.

j.          Towers shall be located so that they do not interfere with television, radio or short wave radio reception in nearby residential areas.

k.         Existing on-site vegetation shall be preserved to the maximum extent practicable.  However, the site shall be maintained in harmony with the surrounding properties. 


Where the property line of a site containing a wireless communication structure abuts a residential zoned or used area, the operator shall provide a plant screen sufficient in density and height so as to have an immediate buffering impact on adjacent property.

l.          There shall be no employees located on the site on a permanent basis to service or maintain the antenna.  Occasional or temporary repair and service activities are excluded from this restriction.

m.        Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

n.         Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.

o.         Structures shall be subject to current State and Federal regulations concerning non-ionizing electromagnetic radiation.  If more restrictive State or Federal standards are adopted in the future, the antenna shall be made to conform.  Cost for testing and verification of compliance shall be borne by the operator of the antenna.

p.         All structures associated with the facility shall be located on the property owned or leased by the communications company operating the facility including all guyed wires and anchors relating thereto.

q.         The access road leading to the facility shall be constructed of gravel and/or aggregate sufficient to maintain adequate access to the site.  A driveway permit, where necessary, will be sought and received by the applicant prior to issuance of any building permit.

r.          The applicant is responsible for seeking and receiving any and all permits required for the site location, including but not limited to FAA, Michigan Aeronautics Commission, Ottawa County Road Commission, or other federal, state, or local agencies.

s.          To insure compliance with the above criteria, the Township may require a bond to assure compliance with the same.

3.         Safety Standards.  All new wireless communication facilities shall be designed within the applicable ANSI standards.

D.        Collocation and Construction:  Any proposed tower shall be designed and constructed to accommodate future collocation.  Towers must be designed to allow for future arrangement of antennas upon the tower and to accept not less than three (3) antennas mounted at varying heights.  Whenever possible, proposed wireless communication facilities shall collocate on existing buildings, structures and existing wireless communication structures.  If a provider fails to or refuses to permit collocation, such a structure shall be a nonconforming structure and shall not be altered or expanded in any way.  As a condition of the special use, the applicant will be requested to allow location of municipal antennas on the tower for fire and police use.

E.         Airport or Helipad Setbacks:  All towers over twenty-five (25) feet in height shall be a minimum of one-half (1/2) mile from any airport runway or designated helicopter landing site.

F.                  Discontinuance:  When a wireless communication structure has not been used for a period of ninety (90) consecutive days after new technology is available which permits the operation of a facility without the necessity of a wireless communication structure, all parts of the structure shall be removed within one hundred and sixty (160) days.  The removal of antennae or other equipment from the structure or the cessation of reception or transmission of radio signals shall be considered the beginning of non-use.  Port Sheldon Township may secure the removal of the structure if it is still standing thirty (30) days after the Township has sent a notice to the operator stating the need to remove the structure.  In securing the removal of the structure, the Township may charge up to 125% of the removal cost to the operator and/or the landowner.

 

Section 4.35  CORNER LOT.  Any lot of record as of the effective date of this amendment that becomes a corner lot by definition shall not be considered a corner lot.  (as amended March, 2002)

 

Section 4.36  FENCES.  The following regulations shall apply to all fences erected, constructed or modified in the R-1 and LSR Zoning Districts after the effective date of this section.

 

1.      No fence shall be erected or constructed prior to the issuance of a building permit.  In order to obtain such a permit, evidence of a survey and evidence of existing property stakes must be furnished to the Building Inspector.  If deemed appropriate by the Building Inspector, survey stakes placed by a registered land surveyor may be required when the property line cannot be visually determined using existing property stakes.  This may be required to avoid future conflicts on the location of the proposed fence.

 

2.      No fence in excess of six (6) feet in height shall be erected, constructed, located or maintained in the rear or side yards of any zoning district. 

 

3.      No fence in excess of forty-eight (48) inches in height shall be erected, constructed, located or maintained in a front yard.

 

4.      The height of a fence shall be measured from the average grade elevation within thirty (30) inches of each side of the proposed fence.


5.      A fence may not be erected, constructed, located or maintained in a front or side yard of a property adjacent to Lake Michigan or Pigeon Lake.

 

6.      All fences will be uniform in design and will be constructed in such a manner that vision shall not be obstructed to an extent greater than fifty percent (50%) of the total area of the fence.

 

7.      Above ground fences shall not contain barbed wire, electric current or charge of electricity except when used as part of a farm operation

 

8.      No fences in the Township shall be located outside or beyond the property or lot lines of the lot upon which said improvement shall be placed.

 

9.      No fence in the Township shall be erected, constructed, located or maintained which constitutes a traffic hazard because of obstruction of visibility.

 

10.  No fences in the Township shall be erected in any public right-of-way.

 

11.  All fences in the Township shall be maintained to retain their original appearance, shape and configuration.  Elements of a fence that are missing, damaged, destroyed or deteriorated shall be replaced and repaired to maintain conformity with the original fence appearance and design.

 

12.  In all zoning districts, due to the design or construction of a fence, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot.  The Zoning Administrator, Building Official or designated official shall determine the finished side of the fence based on the situation and the type of fence.  If an adjoining property owner or resident disputes what the finished side is, they may file an appeal with the Zoning Board of Appeals to review the decision.

 

13.  A privacy fence or obscuring fence may be erected in any zoning district not to exceed a height of six (6) feet to enclose a swimming pool, hot tub or patio area provided the location of the fence meets the setback requirements applicable to the area to be enclosed.  The privacy fence may be a solid fence and all other provisions of this section shall apply.

 

14.  A fence used on a seasonal basis, such as a snow fence, may be erected in any zoning district no earlier than November 1 and shall be removed no later than April 15 of the immediately following year.  Any temporary open wire fence less than thirty (30) inches in height such as a garden fence, may be erected without a permit provided it complies with the above regulations.

 

15.  An existing non-conforming fence shall be maintained in a safe condition.  If the property is sold or changes ownership, the non-conforming fence must be modified to comply with the provisions of this Ordinance.

 

16.  A non-conforming fence shall be brought into compliance with the above requirements if a building permit is issued or a special use granted by the Township. 

 


ARTICLE V

 

R-1 - SINGLE FAMILY RESIDENTIAL DISTRICT

 

 

SECTION 5.01  DESCRIPTION AND PURPOSE.  This Zoning District is intended for highly protected single family residential use.

 

SECTION 5.02  USE REGULATIONS.  Land, buildings, and structures in this Zoning District may be used for the following purposes only:

 

(a)        Single family dwellings, their accessory buildings and structures, and including home occupations.

 

(b)        Churches and educational facilities, when authorized by the Planning Commission as a special use.

 

(c)         Publicly-owned parks and cemeteries.

 

(d)        Real estate sign, identifying sign, and name plate.

 

(e)        Distribution systems and related accessory structures for public utilities, when authorized by the Planning Commission as a special use.  (Amended December 11, 1997)

 

(f)         Governmental buildings and uses, when authorized by the Planning Commission as a special use.

 

(g)        Bed and Breakfast establishments, when authorized by the Planning Commission as a special use.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards: (as amended May 22, 1991)

 

(1)        Location outside of a platted subdivision.  The lot size for a proposed Bed and Breakfast establishment shall be a minimum of twenty thousand (20,000) square feet and a minimum width of one hundred (100) feet.

(2)        The Bed and Breakfast operation shall be clearly incidental to the principal residence on the site.  Accordingly, the Bed and Breakfast operation shall be confined to the single-family dwelling on-site.  Not more than twenty-five  (25) percent of the total area of the dwelling unit shall be used for bed and breakfast sleeping rooms.  Food may be served only to those persons who rent a room in the bed and breakfast facility.

(3)        The dwelling unit shall be the principal residence of the owner/operator, and the owner/operator shall live in the dwelling unit when the Bed and Breakfast facility is in operation.

(4)        A building used for bed and breakfast operations shall have at least two (2) exits outdoors.  Rooms used for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants, plus an additional thirty (30) square feet for each additional occupant.  Rooms shall be designed to accommodate no more than four (4) occupants.  Each sleeping room shall be equipped with a smoke detector.

(5)        Two (2) off-street parking spaces for the owner/operator and a minimum of one (1) off-street parking space per room to be rented shall be provided (as amended May 22, 1991).

 

(h)        Group day care homes when authorized as a special use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

 

(1)        The character of the residential structure is not altered and maintains a residential appearance.

 

(2)        The home is located not closer than fifteen hundred (1,500) feet to any of the following facilities, as measured from one structure to another structure:

 

            (a)        Another licensed group day care home.

(b)        An adult foster care small group home or large group home licensed by the State of Michigan.

(c)         A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people, licensed by the State of Michigan.

(d)        A community correction center, residence home, half-way house, or other similar facility that houses an inmate population under jurisdiction of the Michigan Department of Corrections.

 

(3)        When authorizing such use the Planning Commission shall have the ability to impose such additional conditions it deems necessary to ensure the safety of children and to protect the interests of adjoining properties.  Such conditions may relate to and include, but are not limited to, the installation of perimeter fencing, the provision of additional off-street parking spaces and the provision of outdoor play areas or open space (as amended July 8, 1996).

 

(i)         In house sales of fire arms when authorized as a Special Use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:  (Amended December 11, 1997)

 

(1)        The character of the residential structure is not altered and maintains a residential appearance.

 

(2)        The provisions of Section 4.17 shall apply to the proposed use.

 

 

SECTION 5.03  AREA AND YARD REGULATIONS.  No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard and area requirements:

 

(a)        Front Yard:  There shall be a front yard of not less than fifty (50) feet. (See Section 4.26 ROAD AND HIGHWAY SETBACKS.)  (Amended December 11, 1997)

 

(b)        Side Yard:  There shall be side yards of not less than ten (10) feet.

 

(c)         Rear Yard:  There shall be a rear yard of not less than forty (40) feet.

 

(d)        Location of Accessory Structures:  No accessory structure shall be erected in any front yard.  Accessory buildings or structures for single family dwellings shall be at least ten (10) feet from any side or rear property line.  No accessory structure shall be located any closer than ten (10) feet from the principal building.

 

(e)        Area:  The minimum lot area and width for single family dwellings in this district shall be not less than twenty thousand (20,000) square feet and one hundred (100) feet respectively.  The minimum lot area and width for non-residential uses in this district shall be not less than five (5) acres and one hundred (100) feet respectively.  All lots shall have the required lot width on either a dedicated public or approved private road.  (See Section 4.33 LOT WIDTH)  (Amended December 11, 1997)

 

SECTION 5.04  HEIGHT REGULATION  No residential building or structure shall exceed thirty-five (35) feet or two and one half (2 1/2) stories in height whichever is less.  Accessory buildings or structures for single family dwellings shall meet the requirements of Section 4.10 (Amended December 11, 1997)

 

SECTION 5.05  MINIMUM FLOOR AREA.  Each one or two bedroom dwelling unit shall have a minimum of eight hundred sixty four (864) square feet of area on the first floor.  Each three or more bedroom, or two story dwelling unit shall have a minimum of one thousand (1,000) square feet of area but in no instance less than seven hundred twenty (720) square feet on the first floor.  (Amended December 11, 1997)

 

SECTION 5.06  SIGN REGULATIONS.  No signboard or billboard shall be erected or used in this district, nor shall any exterior sign be used, except those which meet the requirements of Article XV, Sign Regulations. 

 

SECTION 5.07  PARKING REGULATIONS.  Parking shall be provided in accordance with Article XVI, Parking and Loading Spaces. 

 


ARTICLE VA

 

LSR - LAKESHORE RESIDENTIAL DISTRICT

(as adopted February 12, 2002)

 

SECTION 5.01A  DESCRIPTION AND PURPOSE.  This Zoning District is intended to preserve the existing single family residential character of the area, including the sensitive environments areas associated with the Lake Michigan shoreline.

 

SECTION 5.02A  USE REGULATIONS.  Land, buildings, and structures in this Zoning District may be used for the following purposes only:

 

(a)        Single family dwellings, their accessory buildings and structures, and including home occupations.

 

(b)        Churches and educational facilities, when authorized by the Planning Commission as a special use.

 

(c)         Publicly-owned parks and cemeteries.

 

(d)        Real estate sign, identifying sign, and name plate.

 

(e)        Distribution systems and related accessory structures for public utilities, when authorized by the Planning Commission as a special use.

 

(f)         Governmental buildings and uses, when authorized by the Planning Commission as a special use.

 

(g)        Bed and Breakfast establishments, when authorized by the Planning Commission as a special use.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

 

(1)        Location outside of a platted subdivision.  The lot size for a proposed Bed and Breakfast establishment shall be a minimum of forty thousand (40,000) square feet and a minimum width of one hundred (100) feet.

(2)        The Bed and Breakfast operation shall be clearly incidental to the principal residence on the site.  Accordingly, the Bed and Breakfast operation shall be confined to the single-family dwelling on-site.  Not more than twenty-five  (25) percent of the total area of the dwelling unit shall be used for bed and breakfast sleeping rooms.  Food may be served only to those persons who rent a room in the bed and breakfast facility.

(3)        The dwelling unit shall be the principal residence of the owner/operator, and the owner/operator shall live in the dwelling unit when the Bed and Breakfast facility is in operation.

(4)        A building used for bed and breakfast operations shall have at least two (2) exits outdoors.  Rooms used for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants, plus an additional thirty (30) square feet for each additional occupant.  Rooms shall be designed to accommodate no more than four (4) occupants.  Each sleeping room shall be equipped with a smoke detector.

(5)        Two (2) off-street parking spaces for the owner/operator and a minimum of one (1) off-street parking space per room to be rented shall be provided and paved.

 

(h)        Group day care homes when authorized as a special use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

 

(1)        The character of the residential structure is not altered and maintains a residential appearance.

 

(2)        The home is located not closer than fifteen hundred (1,500) feet to any of the following facilities, as measured from one structure to another structure:

            (a)        Another licensed group day care home.

(b)        An adult foster care small group home or large group home licensed by the State of Michigan.

(c)         A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people, licensed by the State of Michigan.

(d)        A community correction center, residence home, half-way house, or other similar facility that houses an inmate population under jurisdiction of the Michigan Department of Corrections.

(3)        When authorizing such use the Planning Commission shall have the ability to impose such additional conditions it deems necessary to ensure the safety of children and to protect the interests of adjoining properties.  Such conditions may relate to and include, but are not limited to, the installation of perimeter fencing, the provision of additional off-street parking spaces and the provision of outdoor play areas or open space.

 

(i)         In house sales of fire arms when authorized as a Special Use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

(1)        The character of the residential structure is not altered and maintains a residential appearance.

 

(2)        The provisions of Section 4.17 shall apply to the proposed use.

 

SECTION 5.03A  AREA AND YARD REGULATIONS.  No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard and area requirements:

 

(a)        Front Yard:  There shall be a front yard of not less than fifty (50) feet. (See Section 4.26 ROAD AND HIGHWAY SETBACKS.)

 

(b)        Side Yard:  There shall be side yards of not less than ten (10) feet.

 

(c)         Rear Yard:  There shall be a rear yard of not less than forty (40) feet.

 

(d)        Location of Accessory Structures:  No accessory structure shall be erected in any front yard.  Accessory buildings or structures for single family dwellings shall be at least ten (10) feet from any side or rear property line.  No accessory structure shall be located any closer than ten (10) feet from the principal building.

 

(e)        Area:  The minimum lot area and width for single family dwellings in this district shall be not less than forty thousand (40,000) square feet and one hundred (100) feet respectively.  The minimum lot area and width for non-residential uses in this district shall be not less than five (5) acres and one hundred (100) feet respectively.  All lots shall have the required lot width on either a dedicated public or approved private road.  (See Section 4.33 LOT WIDTH)

 

SECTION 5.04A  HEIGHT REGULATION  No residential building or structure shall exceed thirty-five (35) feet or two and one half (2 1/2) stories in height whichever is less.  Accessory buildings or structures for single family dwellings shall meet the requirements of Section 4.10

 

SECTION 5.05A  MINIMUM FLOOR AREA.  Each one or two bedroom dwelling unit shall have a minimum of eight hundred sixty four (864) square feet of area on the first floor.  Each three or more bedroom, or two story dwelling unit shall have a minimum of one thousand (1,000) square feet of area but in no instance less than seven hundred twenty (720) square feet on the first floor.

 

SECTION 5.06A  SIGN REGULATIONS.  No signboard or billboard shall be erected or used in this district, nor shall any exterior sign be used, except those which meet the requirements of Article XV, Sign Regulations.

 

SECTION 5.07A  PARKING REGULATIONS.  Parking shall be provided in accordance with Article XVI, Parking and Loading Spaces.


 

ARTICLE VI

 

COMMERCIAL DISTRICT

 

SECTION 6.01  DESCRIPTION AND PURPOSE.  This Zoning District is intended for shopping and retail activities, office and financial uses, and civic and cultural buildings. 

 

SECTION 6.02  USE REGULATIONS.  Land, buildings, and structures in this Zoning District may be used for the following purposes only: 

 

(a)        Retail sales.

(b)        Personal service establishments.

(c)         Professional and business offices.

(d)        Medical and dental offices.

(e)        Publicly-owned parks.

(f)         Churches and educational facilities.

(g)        Restaurants, except those having drive-in service or serving liquor.

(h)        Theatres and indoor recreation facilities.

(i)         Governmental facilities and offices.

(j)         Automobile repair and gasoline service stations.

(k)        Restaurants serving liquor or having drive-in service, when authorized by the Planning Commission on a Special Use.

(l)         Open-air markets for the sale of fruits and vegetables at retail, when authorized by the Planning Commission as a Special Use.

(m)       Automobile, trailer, boat or farm equipment sales, when authorized by the Planning Commission as a Special Use.

(n)        Establishments which fabricate merchandise for sale primarily as a retail enterprise for sale of such merchandise on the premises, provided that the size of such establishment shall not exceed ten thousand (10,000) square feet, and when authorized by the Planning Commission as a Special Use.

(o)        Rental and mini-storage facilities when authorized by the Planning Commission as a Special Use.  (Amended December 11, 1997)

 

(p)        Sexually oriented business shall be allowed as a special use subject to the requirements of Article XVIII SPECIAL USES.  (Amended April 9, 1998)

 

 

SECTION 6.03  AREA AND YARD REGULATIONS.  No building nor structure, nor any enlargement thereof, shall be hereafter erected except in conformance with the following yard requirements: 

 

(a)        Front Yard:  There shall be a front yard of not less than fifty (50) feet.  (See Section 4.26 ROAD AND HIGHWAY SETBACKS)  (Amended December 11, 1997)

 

(b)        Side Yard:  There shall be side yards of not less than ten (10) feet. 

 

(c)         Rear Yard:  There shall be a rear yard of not less than fifteen (15) feet.

(d)        Area:  The minimum lot area and width for commercial uses in this District shall be twenty thousand (20,000) square feet and one hundred (100) feet, respectively, throughout the first two hundred (200) feet of depth.  All lots shall have the required lot width on either a dedicated public or approved private road.  (See Section 4.33 LOT WIDTH)  (Amended December 11, 1997)

 

SECTION 6.04  HEIGHT REGULATION.  No building or structure shall exceed thirty-five (35) feet in height, except for churches, schools or theatres which shall not exceed sixty-five (65) feet in height.

 

SECTION 6.05  SIGN REGULATIONS.  No signboard or billboard shall be erected or used in this District, nor shall any exterior sign be used, except those which meet the requirements of Article XV, Sign Regulations.  

 

SECTION 6.06  PARKING REGULATIONS.  Parking shall be provided in accordance with Article XVI, Parking and Loading Spaces.

 

SECTION 6.07  SITE PLAN.   A site plan is required as per Article XXI for all buildings in this district.  (Amended December 11, 1997)

 

 


 

ARTICLE VII

 

INDUSTRIAL DISTRICT

 

 

SECTION 7.01  DESCRIPTION AND PURPOSE.  This Zoning District is intended for electric power generating facilities and certain light industrial facilities. 

 

SECTION 7.02  USE REGULATIONS.  Land, buildings, and structures in this Zoning District may be used for the following purposes only: 

 

(a)        Electric power generating plants, buildings, structures, and their related uses. 

 

(b)        Warehousing.

 

(c)         Construction and contractors equipment yards, when enclosed by a solid fence six (6) feet high or a greenbelt buffer. 

 

(d)        The manufacturing, compounding, processing, assembly, packing, or treat­ment of previously prepared materials, including metals, plastics, cloth, fibers, wood, rubber, and similar materials. 

 

SECTION 7.03  PERFORMANCE STANDARDS.  Before issuance of any building or occupancy permit in this zone, the applicant shall sign an agreement with the Township Board that the use of the property will meet the following Performance Standards and that any violation of these standards in subsequent operations will be corrected;

 

(a)        Fire and Explosion Hazards:  All buildings, storage and handling of flammable materials, and other activities shall conform to County and Township building and fire ordinance and to any applicable State and Federal regulations or requirements.  No use of building shall in any way represent a fire or explosion hazard to a use on adjacent property or to the public on a public street. 

 

(b)        Smoke, Fumes, Gases, Dust, and Odors:  There shall be no emission of any smoke, radiation, fumes, gases, dust, odors, or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use in such a manner as to cause property damage or hazards to public health, or to be detrimental to the property rights of other property or to be obnoxious to the general public.

 

(c)         Liquid or Solid Waste:  No industrial operations shall directly discharge industrial waste of any kind into any river, stream, reservoir, pond or lake.  All methods of sewage disposal and industrial waste treatment and disposal shall be approved by the Township and by the County and Michigan State Health Department.


 

(d)        Vibration:  There shall be no vibration which is discernible to the human sense of feeling beyond the boundaries of the immediate site on which such use is conducted.

(e)        Noise:  There shall be no noise emanating from the operation which will adversely affect an adjoining permitted use.

 

(f)         Glare:  There shall be no direct or sky-reflected glare harmful to the human eye at the property line of the lot occupied by such use.

 

SECTION 7.04  AREA AND YARD REGULATIONS.  No building nor structure, nor any enlargement thereof, shall be hereafter erected except in conformance with the following yard requirements: 

 

(a)        Front Yard:  There shall be a front yard of not less than seventy-five (75) feet. 

 

(b)        Side Yard:  There shall be side yards of not less than fifteen (15) feet. 

 

(c)         Rear Yard:  There shall be a rear yard of not less than fifteen (15) feet. 

 

(d)        Area:  The minimum lot area and width for uses in this District shall be not less than forty thousand (40,000) square feet and one hundred (100) feet, respectively, throughout the first two hundred (200) feet of depth.

 

SECTION 7.05  HEIGHT REGULATION.  No building or structure shall exceed fifty-five (55) feet in height, except electric power generation plant buildings, structures, and their related uses.  

 

SECTION 7.06  SIGN REGULATIONS.  No signboard or billboard shall be erected or used in this District, nor shall any exterior sign be used, except those which meet the requirements of Article XV, Sign Regulations. 

 

SECTION 7.07  PARKING REGULATIONS.  Parking shall be provided in accordance with Article XVI, Parking and Loading Spaces. 

 

SECTION 7.08  SPECIAL REQUIREMENTS.  There shall be a greenbelt, fence or wall along any side or rear property line which abuts any other zoning district.  Greenbelts shall be maintained in a healthy growing condition.  Fences or walls shall be solid and uniformly painted, not less than four (4) feet in height nor more than six (6) feet in height, and maintained in good condition.


 

ARTICLE VIII

 

AG-1 - AGRICULTURAL DISTRICT

 

 

SECTION 8.01  DESCRIPTION AND PURPOSE.  This Zoning District is intended for land used for farming or agricultural activities. 

 

SECTION 8.02  USE REGULATIONS.  Land, buildings and structures in this Zoning District may be used for the following purposes only: 

 

(a)        Farms for both general and specialized farming, together with farm dwellings and buildings and other installations necessary to such farms  (Amended December 11, 1997)

 

(b)        Single family non-farm dwellings.

 

(c)         Farm cooperatives for the storage or processing of feeds or agricultural products, provided the following standards are met: 

 

(1)          The produce or materials stored or distributed by the cooperative must be either locally produced or must be for local agricultural use. 

(2)          At least fifty (50) percent of the cooperative membership must live within the township. 

 

(d)        Real estate sign, identifying sign, and name plate.  (Amended December 11, 1997)

(e)        Home occupations as an accessory use. (Amended December 11, 1997)

 

(f)         Churches and educational facilities when approved by the Planning Commission as a Special Use (as amended September 12, 1991). 

 

(g)        Riding stables where horses are boarded or rented when approved by the Planning Commission as a Special Use (as amended September 12, 1991).

 

(h)        Publicly owned parks and cemeteries; and privately owned cemeteries when authorized by the Planning Commission as a special use (as amended December 14, 1995).

 

(i)         Distribution systems and related accessory structures for public utilities when approved by the Planning Commission as a Special Use (as amended September 12, 1991). 

 

(j)         Kennels when approved by the Planning Commission as a Special Use (as amended September 12, 1991). 

(k)        Natural resource extraction, when authorized by the Planning Commission as a special use.  In considering the authorization of natural resource extraction, the Planning Commission shall consider the following additional standards: 

 

(1)        The size of the proposed use with respect to the area's character. 

(2)        The environmental impact of the proposed use. 

(3)        The final use to which the property will be put after the natural resources are extracted. 

 

(l)         Governmental buildings and uses, when authorized by the Planning Commission as a special use. 

 

(m)       Bed and Breakfast establishment, when authorized as a special use.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and Section 5.02(g)(1-5) and the following:

 

(1)        The lot size for a proposed Bed and Breakfast establishment shall be a minimum of two (2) acres and a minimum width of two hundred (200) feet (as amended September 12, 1991.) 

 

(n)        Group day care homes when authorized as a special use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

 

(1)        The character of the residential structure is not altered and maintains a residential appearance.

 

(2)        The home is located not closer than fifteen hundred (1,500) feet to any of the following facilities, as measured along a street, road or other public thoroughfare, excluding an alley:

 

            (a)        Another licensed group day care home.

(b)        An adult foster care small group home or large group home licensed by the State of Michigan.

(c)         A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people, licensed by the State of Michigan.

(d)        A community correction center, residence home, half-way house, or other similar facility that houses an inmate population under jurisdiction of the Michigan Department of Corrections.

 

(3)        When authorizing such use the Planning Commission shall have the ability to impose such additional conditions it deems necessary to ensure the safety of children and to protect the interests of adjoining properties.  Such conditions may relate to and include, but are not limited to, the installation of perimeter fencing, the provision of additional off-street parking spaces and the provision of outdoor play areas or open space (as amended July 8, 1996).

 

(o)        Housing for migratory workers unless when authorized by the Planning Commission as a special use.  In considering the authorization of housing for migratory workers, the Planning Commission shall consider the following additional standards:   (Amended December 11, 1997)

 

(1)          The conformance with all requirements of the Ottawa County Health Department, and any other local, state or federal requirements. 

(2)          The size, location, access and character of the proposed housing with respect to existing residential or scenic areas. 

(3)          The size or number of the proposed facilities with respect to the need for migratory labor necessary for the farm on which they are located. 

(4)          The availability of alternate migratory housing in the area. 

 

The Planning Commission shall not authorize any migratory housing which is for year-round housing or is for migrant workers not employed on the farm of said housing. 

 

(p)        In house sales of fire arms when authorized as a Special Use by the Planning Commission.  In considering such authorization, the Planning Commission shall consider the provisions of Article XVIII and the following standards:

 

(1)        The character of the residential structure is not altered and maintains a residential appearance.

 

(2)        The provisions of Section 4.17 shall apply to the proposed use.

 

SECTION 8.03  AREA AND YARD REGULATIONS.  No building or structure nor any en­largement thereof shall be hereafter erected except in conformance with the following yard and lot area requirements: 

 

(a)        Front Yard:  There shall be a front yard of not less than fifty (50) feet.  (See Section 4.26 ROAD AND HIGHWAY SETBACKS)  (Amended December 11, 1997)

 

(b)        Side Yard:  There shall be side yards of not less than thirty (30) feet. 

 

(c)         Rear Yard:  There shall be a rear yard of not less than forty (40) feet.

 

(d)        Area:  The minimum lot area and width for farm uses in this district shall be not less than five (5) acres and three hundred thirty (330) feet, respectively.   The minimum lot area and width for other single family dwellings per section 8.02, temporary mobile homes per Section 4.21(c), public parks and cemeteries per Section 8.02(d), farm cooperatives per Section 8.02(e), and churches and educational facilities per Section 8.02(f), shall be not less than two (2) acres and two hundred (200) feet, respectively, throughout two hundred (200) feet of depth.  All lots shall have the required lot width on either a dedicated public or approved private road.  (See Section 4.33 LOT WIDTH)  (Amended December 11, 1997)

 

(e)        (Deleted December 11, 1997)

 

SECTION 8.04  HEIGHT REGULATIONS.  No residential building or structure shall exceed thirty-five (35) feet or two and one half (2 1/2) stories in height whichever is less.  Accessory buildings or structures for single family dwellings shall meet the requirements of Section 4.10 (Amended December 11, 1997)

 

SECTION 8.05  MINIMUM FLOOR AREA. Each one or two bedroom dwelling unit shall have a minimum of eight hundred sixty four (864) square feet of area on the first floor.  Each three or more bedroom, or two story dwelling unit shall have a minimum of one thousand (1,000) square feet of area but in no instance less than seven hundred twenty (720) square feet on the first floor.

(Amended December 11, 1997)

 

SECTION 8.06  SIGN REGULATIONS.  No signboard or billboard shall be erected or used in this district, nor shall any exterior sign be used, except those which meet the requirements of Article XV, Sign Regulations. 

 

SECTION 8.07  PARKING REGULATIONS.  Parking shall be provided in accordance with Article XVI, Parking and Loading Spaces. 

 


 

ARTICLE  IX

 

OPEN SPACE DISTRICT

 

 

SECTION 9.01  DESCRIPTION AND PURPOSE.  This Zoning District is intended for publicly owned land for the preservation of recreation areas and open space.

 

SECTION 9.02  USE REGULATIONS.  Land, buildings and structures in this Zoning District may be used for the following purposes only:

 

(a)        Farms for both general and specialized farming, but excluding farm dwellings and migratory worker housing.

 

(b)        Publicly owned parks and recreation areas.

 

(c)         Real estate sign, identifying sign, and nameplate.

 

(d)        Governmental buildings and uses, when authorized by the Planning Commis­sion as a special use.

 

SECTION 9.03.  AREA AND YARD REGULATIONS.  No building or structure nor any enlargement thereof shall be hereafter erected unless in conformance with the following yard and lot area requirements:  (as amended June 12, 1986)

 

(a)        Front Yard:  There shall be a front yard of not less than fifty (50) feet.

 

(b)        Side Yard:  There shall be side yards of not less than thirty (30) feet.

 

(c)         Rear Yard:  There shall be a rear yard of not less than forty (40) feet.

 

(d)        Area:  The minimum lot area and width for all uses in this District shall be not less than ten (10) acres and three hundred thirty (330) feet, respectively.

 

SECTION 9.04  HEIGHT REGULATIONS.  No building or structure shall exceed thirty-five (35) feet in height.

 

SECTION 9.05  SIGN REGULATIONS.  Signs erected in this Zone District shall meet the requirements of Section 8.06 and Article XV, Sign Regulations.

 

SECTION 9.06  PARKING REGULATIONS.  Parking shall be provided in accordance with Article XIV - Parking and Loading Spaces.

 


 

ARTICLE  X

CD - CRITICAL DUNE DISTRICT

(as amended March 14, 1991)

 

 

(DELETED June, 2001)

 


 

ARTICLE XI

HIGH RISK EROSION AREA OVERLAY ZONE

 

 

(DELETED JUNE, 2001)

 

 


 

ARTICLE XII

 

PLANNING COMMISSION

 

 

SECTION 12.01  TOWNSHIP PLANNING COMMISSION.  The Port Sheldon Township Plan­ning Commission was created by Resolution Number One (1980-1981) as specified in Section 3, Act 168, Public Acts of Michigan, 1959, as amended, being the rural Township Planning Commission Act.  All powers, duties, and responsibili­ties provided by Act No. 184 of the Public Acts of 1943, as amended, being the Township Rural Zoning Act, for zoning boards created thereunder are transferred to the Planning Commission by resolution of the Township Board as provided in Section 11 of Act 168 of the Public Acts of 1959, as amended.  The Planning Commission shall perform the duties of said planning commission/zoning board as provided in these Acts, together with such other powers and duties as are given to such Planning Commission by the provisions of this Ordinance, including authority to act on all matters requir­ing the approval or recommendation of such Planning Commission.

 

SECTION 12.02  MEMBERSHIP, COMPENSATION, AND FUNDING.

 

(a)        The Planning Commission shall consist of not less than 5 nor more than 9 members who shall be representative of major interests as they exist in the Township, such as agriculture, recreation, education, public health, government, commerce, transportation and industry.  All members shall be qualified electors and property owners of the Township.  One member of the Township Board shall be a member of the Planning Commission.

 

(b)        All members of the Planning Commission shall be appointed by the Township Supervisor with the approval of the Township Board.  Members may be removed by the Township Supervisor, after a hearing, with the approval of the Township Board. 

 

(c)         The terms of each member shall be for 3 years, except that of the members first appointed, one-third shall serve for 1 year, one-third for 2 years, and one-third for 3 years.  All vacancies for unexpired terms shall be filled for the remainder of such term.

 

(d)        Members of the Planning Commission may be compensated for their services as provided by the Township Board.  The Township Board may make and admin­ister regulations relative to compensation for the travel of its members and employees when engaged in the performance of activities authorized by the Planning Commission, including attendance at conferences and meetings.  The Planning Commission shall prepare a detailed budget and submit same to the Township Board for approval or disapproval.  The Township Board annu­ally shall appropriate and make available funds for carrying out the purposes and functions permitted under this act, and may match Township funds with federal, state, county or other local government or private grants.  The Township Board may accept and use gifts and grants for Planning Commission purposes.  The expenditures of the Planning Commission, exclusive of gifts and grants, shall be within the amounts appropriated by the Township Board.

SECTION 12.03  OFFICERS, MEETINGS, PROFESSIONAL ADVISORS AND RULES.

(a)        The Planning Commission shall elect a chairman, vice chairman and secre­tary from its members and create and fill such other offices or committees as it may deem advisable.  The Commission may appoint advisory committees outside of its membership.  The terms of all officers shall be one (1) year.

(b)        The Planning Commission shall hold at least four (4) regular meetings each year, and by resolution shall determine the time and place of such meet­ings.  Special meetings may be called by two (2) members upon written request to the Secretary or by the Chairman.  The Secretary shall send written notice of any special meeting to all members at least forty-eight (48) hours in advance of the meeting.  All meetings shall be open to the public.

(c)         The Township Board, upon recommendation of the Planning Commission, may employ a planning director or other planning personnel, contract for the part-time or full-time services of planning and engineering consultants, and pay or authorize the payment of expenses within the funds budgeted and provided for planning purposes.

(d)        The Planning Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings and determinations.  It shall make an annual written report to the Township Board concerning its operations and the status of planning activities, including recommendations regarding actions by the Township Board related to planning and development.

SECTION 12.04  RESPONSIBILITY FOR PREPARATION AND ADOPTION OF LAND USE PLAN; PLAN CONTENT.

(a)        The Planning Commission shall make and adopt a land use plan as a guide for the development of unincorporated portions of the Township.  The land use plan shall include maps, plats, charts and descriptive, explanatory and other related matter and shall show the Planning Commission's recommendations for the physical development of the unincorporated area of the Township.

(b)        The land use plan shall include those of the following subjects which reasonably can be considered as pertinent to the future development of the Township:

(1)          A land use plan and program, in part consisting of a classification and allocation of land for agriculture, residence, commerce, industry, recreation, ways and grounds, public buildings, schools, soil conservation, forest, wildlife refuges, and other uses and purposes.

(2)          The general location, character and extent of streets, roads, highways, railroads, bridges, waterways and waterfront developments; flood prevention works, drainage, sanitary sewers and water supply systems; works for preventing pollution and works for maintaining water levels; and public utilities and structures.

(3)          Recommendations for implementing any of its proposals.

 

SECTION 12.05  APPROVAL OF PUBLIC IMPROVEMENTS.

(a)        After the Planning Commission has adopted the land use plan of the Township, no street, square, park or other public way, ground or open space, or public building or structure, shall be constructed or authorized in the Township or in the planning section and district until the location, character and extent thereof shall have been submitted to and approved by the Planning Commission. 

(b)        The Planning Commission shall communicate its reasons for approval or disapproval to the Township Board, which shall have the power to overrule the Planning Commission by a recorded vote of not less than a majority of its entire membership.

(c)         If the public way, ground, space, building structure, or utility is one, the authorization or financing of which does not, under the law governing same, fall within the province of the Township Board, then the submission to the Planning Commission shall be by the board, commission or body having jurisdiction, and the Planning Commission's disapproval may be overruled by resolution of the board, commission or body by a vote of not less than a majority of its membership.

(d)        The failure of the Planning Commission to act within sixty (60) days after the official submission to the Commission shall be deemed approval.

(e)        The Planning Commission shall promote public understanding of an interest in the land use plan and shall publish and distribute copies of the plan and of any report, and may employ such other means of publicity and education as it determines necessary. 

SECTION 12.06  APPROVAL OF PLATS.  The Township Board shall refer plats or other matters relating to land development to the Planning Commission before final action thereon by the Township Board and may request the Planning Commission to recommend regulations governing the subdivision of land.  The recommendations may provide for the procedures of submittal, including recommendations for submitting a preliminary subdivision design, the standards of design, and the physical improvements that may be required. 

SECTION 12.07  SPECIAL USE PERMITS.  The Planning Commission shall have the authority to issue special use permits for the uses for which this Ordinance requires the obtaining of such permits. 

SECTION 12.08  OTHER AUTHORITY, DUTIES, AND RESPONSIBILITIES.  The Planning Commission shall have additional authority, duties, and responsibilities as provided elsewhere in this and other ordinances of the Township.  The Planning Commission shall undertake other studies and make recommendations on other subjects as the Township Board may from time to time request.


 

ARTICLE XIII

 

ZONING BOARD OF APPEALS

 

 

SECTION 13.01  BOARD OF APPEALS. 

 

(a)        There shall be a Township Board of Appeals composed of five (5) members.  The first member of the Board of Appeals shall be a member of the Township Planning Commission.  One member shall be a member of the Township Board.  The remaining members of the Board of Appeals shall be selected from the electors of the township residing outside of incorporated cities and villages.  The members selected shall be representative of the population distribution and of the various interests present in the township.  An elected officer of the township shall not serve as chairman of the Board of Appeals.  An employee or contractor of the Township Board may not serve as a member or an employee of the Township Board of Appeals. 

 

(b)        The total amount allowed the Board of Appeals in any one year as per diem or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum, which sum shall be appropriated annually in advance by the Township Board. 

 

(c)         Members of the Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing.  A member shall disqualify himself from a vote in which he has a conflict of interest.  Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall consti­tute misconduct in office. 

 

(d)        The term of each member shall be for three (3) years, except that of the members first appointed; two (2) shall serve for two (2) years, and the remaining members for three (3) years.  A successor shall be appointed not more than one (1) month after the term of the preceding member has expired.  All vacancies for unexpired terms shall be filled for the remainder of the term. 

 

(e)        A Township Board of Appeals shall not conduct business unless a majority of the members of the Board are present. 

 

SECTION 13.02  MEETINGS, OATHS, RECORDS.  Meetings of the Township Board of Appeals shall be held at the call of the Chairman and at such other times as the Board in its rules of procedure may specify.  The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.  All meetings of the Board of Appeals shall be open to the public.  The Board shall maintain a record of its proceedings, which shall be filed in the office of the Township Clerk and shall be a public record. 

 


SECTION 13.03  PROCEDURE. 

 

(a)        Time to Appeal and Notice of Appeal; Transmission of Record; Submission Deadline:  An appeal shall be taken within such time as shall be prescribed by the Township Board of Appeals by general rule, by the filing with the office whom the appeal is taken, and with the Board of Appeals of a Notice of Appeals specifying the grounds therefor.  The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.  The submission shall be made as set by the resolution adopted by the Township Board for establishing submission deadlines. (amended November 11, 2004)

 

 

(b)        Hearings and Notices; Right to be Heard; Disposition of Appearances; Decision Not Final:  When an application or appeal has been filed in proper form and with the required data, the Board of Appeals shall place an application or appeal on the calendar for hearing and shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties by stating in said notice the time and place of said meeting and the object of the hearing.  Such notices shall be served person­ally or by mail not later than seven (7) days prior to the date of said hearing upon the parties, the officer from whom the appeal is taken, and the owners of record of property within three hundred (300) feet of the premises in question, which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll.  In the event any property immediately adjacent to said premises shall be part of a different governmental subdivision, the owner of any such property shall nevertheless receive notice and shall be entitled to be heard. 

 

Upon the hearing, any party may appear in person or by agent or by attorney. 

 

The Board of Appeals may reverse or affirm wholly or partly, or may modify any order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit.  Where there are practical difficulties or unneces­sary hardship in the way of carrying out the strict letter of such ordinance, the Board of Appeals shall have power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of the ordinance shall be observed, public safety secured, and substantial justice done. 

 

The decision of such Board of Appeals shall not be final until the expiration of ten (10) days after said decision is made; and any person having an interest affected by any such decision shall have the right to appeal to the Circuit Court on questions of law and fact during that period.  After the expiration of ten (10) days, said decision of the Board of Appeals shall be final. 

 

No application for a variance, restricted permit, or appeal which had been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify reconsideration by the Zoning Board of Appeals.  Such action or reconsideration shall only be upon reapplication and payment of fees.

(c)         Adjournments:  Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.  In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing. 

 

(d)        Filing Fee:  Each appeal or application for variance shall be accompanied by a filing fee in accordance with the fee schedule established by the Township Board. 

 

(e)        Stay of Proceedings Pending Appeal:  An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Township Board of Appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent perils to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court on application or notice to the officer from whom the appeal was taken and on due cause shown. 

 

(f)         Condition of Approval:  In authorizing a variance, the Board of Appeals may, in addition to the conditions of approval called for in this Ordinance, attach thereto such other conditions regarding the location, char­acter, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this Ordinance and the protection of the public interest, including the right to authorize such variance for a limited period of time.  Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Article XVI of this Ordinance. 

 

(g)        Time Limit on Variances:  Any variance granted by the Board of Appeals shall automatically become null and void after a period of twelve (12) months from the date granted, unless the applicant shall have taken substantial steps towards effecting the variance within said period; pro­vided, however, that the Board of Appeals may extend such period for a further period of time up to one (1) year upon application without further notice. 

 

SECTION 13.04  DUTIES; RULES; HEARING AND DECISION OF APPEALS; RIGHT TO AND THE GROUNDS OF APPEALS. 

 

(a)        The Township Board of Appeals shall act upon all questions as they may arise in the administration of the Zoning Ordinance, including the inter­pretation of the zoning maps. 

 

(b)        The Township Board of Appeals may fix rules and regulations to govern its procedures sitting as such a Board of Appeals. 

 


(c)         The Township Board of Appeals shall herein decide appeals from, and review any order, requirements, decision or determination made by, an administrative official charged with enforcement of any Ordinance adopted pursuant to the provisions of Act 184, Public Acts of 1943, as amended.  It shall also herein decide all matters referred to it or upon which it is required to pass under this Ordinance. 

 

(d)        Three (3) members of the Board of Appeals shall constitute a quorum.  A concurring vote of three (3) members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of applicant any matter upon which they are required to pass under any such ordinance or to effect any variation in such ordinance.  Such appeal may be taken by any person aggrieved or by any officer, department, Board or Bureau of the Township, County or State.  The grounds of every such determination shall be stated. 

 

(e)        Variances:  Conditions Governing Application: The Zoning Board of Appeals is empowered to issue, upon appeal, such variance from the term of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordi­nance would result in unnecessary hardship.  A variance from the terms of this Ordinance shall not be granted by the Board of Appeals unless and until: 

 

(1)        A written application for a variance is submitted demonstrating: 

a)         That special conditions and circumstances exist which are pecu­liar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

b)         That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance; 

c)          That the special conditions and circumstances do not result from the actions of the applicant; 

d)         That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same zoning district. 

No nonconforming use of neighboring lands, structures or build­ings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the issuance of a variance. 

 

SECTION 13.05  LAND USE VARIANCE.  Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this Ordinance in the zoning districts involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.  The Board of Appeals cannot grant use variances or use its variance authority to accomplish what would, in effect, be rezoning.  (as amended February 12, 2002)

 

 


 

ARTICLE XIV

 

NONCONFORMING USES, BUILDINGS, STRUCTURES OR PARCELS

 

 

SECTION 14.01  DESCRIPTION AND PURPOSE.  Within the districts established by this Ordinance or amendments thereto, there exist uses, buildings, structures, parcels and characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or an amendment thereto.  It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.

 

SECTION 14.02  CONTINUANCE OF NONCONFORMING USES, BUILDINGS, STRUCTURES OR PARCELS.  Except where specifically provided to the contrary and subject to the provisions of this chapter, the lawful use of any building or structure or of any land or premises which is existing and lawful on the effective date of this Ordinance, or, in the case of an amendment of this Ordinance, then on the effective date of such amendment, may be continued, although such use does not conform with the provisions of this Ordinance or any amendment thereto.  In addition, except where specifically provided to the contrary and subject to the provisions of this chapter, a building or structure which is existing and lawful on the effective date of this Ordinance, or, in the case of an amendment of this Ordinance, then on the effective date of such amendment, may be maintained and continued, although such building or structure does not conform with the provisions of this Ordinance or any amendment thereto.

 

SECTION 14.03  EXPANSION. 

 

(a)        Structures or buildings nonconforming only by reason of height, area or parking and loading space provisions may be extended, enlarged, altered, remodeled or modernized, provided:

 

(1)        There is compliance with all height, area, and parking and loading provisions with respect to such extension, enlargement, alteration, remodeling or modernization.

(2)        The Zoning Administrator shall determine that such alteration, remodeling, or modernization will not substantially extend the life of any nonconforming building or structure.

(b)        No existing building, structure or parcel devoted to a use not permitted in the district in which it is located, shall be extended, enlarged, remodeled, modernized or moved, except in changing the use of the building structure or parcel to a use permitted in the district in which it is located.

(c)         No nonconforming structure may be extended, enlarged, altered, remodeled or modernized in a way which increases its nonconformity, but any struc­ture or portion thereof may be altered to decrease its nonconformity.

(d)        Should a nonconforming building or structure be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(e)        A nonconforming use may be extended throughout any parts of a build­ing or structure existing prior to this Ordinance so long as any part of the building or structure was manifestly arranged or designed for such use.  However, at no time shall such use be extended to occupy any land outside such building or into an addition to the building.

SECTION 14.04  RESTORATION AND REPAIR.  All repairs and maintenance work required to keep a nonconforming building or structure in sound condition may be made. In the event any nonconforming building or structure is damaged by fire, wind, Act of God or public enemy, it may be rebuilt or restored if the cost thereof does not exceed fifty (50) percent of the true cash value of the nonconforming building or structure prior to the damage occurring. Any building or structure, which is so damaged to more than fifty (50) percent of said value, shall be removed or rendered to safe condition within 30 days.  (Amended April 20, 2000)

SECTION 14.05  CHANGE OR DISCONTINUANCE.  The nonconforming use of a building or structure or of any parcel shall not be:

(a)        Changed to any other nonconforming use.

(b)        Re-established after discontinuance, vacancy, lack of operation or other­wise for a period of nine (9) consecutive months. 

(c)         Re-established after it has been changed to a conforming use.

SECTION 14.06  CHANGE OF OWNERSHIP.  Change of ownership between private parties does not remove the nonconformity nor extend time limits.

SECTION 14.07  REBUILDING OR RESTORATION COST.  Rebuilding or restoration cost as used in this article is the cost of restoring the building or structure to its original condition as appraised by the Building Inspector.

SECTION 14.08  REMOVAL OF NONCONFORMING STATUS.  A nonconforming building or structure or parcel may be made conforming by appropriate action or modifica­tions which cause the building, structure or parcel to fulfill the requirements of the district in which it is located.  In the case of a nonconformity which would be permitted as a Special Use by this Ordinance, the nonconforming status may be removed upon issuance of a special use permit after the appropriate action has been taken in accordance with the provisions of this Ordinance.

SECTION 14.09  BUILDING OR STRUCTURE UNDER CONSTRUCTION ON EFFECTIVE DATE OF ORDINANCE OR AMENDMENT.  Any building or structure shall be considered existing for purposes of this Article and to have been in use for purposes for which constructed if, on the effective date of this Ordinance or amendment thereto, a building permit has been issued, a substantial start has been made toward construction, and construction is thereafter pursued diligently to conclusion.


 

ARTICLE XV

 

SIGNS

(as amended January 10, 2003)

 

SECTION 15.01  DESCRIPTION AND PURPOSE.  It is the intent of this Ordinance to regulate the size, location and manner of display of signs in Port Sheldon Township.  While it is recognized that signs are customary for public information and for trade, it is the intent of this Ordinance to ensure that they do not endanger the public health, safety or welfare or impair property values.

 

SECTION 15.02  DEFINITIONS

 

(a)                 Animated or Moving Sign: Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.

 

(b)                Banner Sign: A sign constructed of cloth, fabric or other light temporary material with or without a structural frame, to be used for a limited period of display not to exceed thirty (30) days nor used for commercial purposes, including decoration displays for festivals or public demonstrations.

 

(c)                 Billboard: A freestanding sign that advertises or directs attention to a business, commodity, service, entertainment or other activity conducted, sold or offered other than on the premises on which the sign is located.

 

(d)                Changing Message Sign: Any sign or part of a sign that contains a message which changes every few seconds or minutes on a regular interval.

 

(e)                 Directional Sign: Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way”, “entrance” and “exit”.

 

(f)                  Freestanding Sign: A sign structurally separated from a building and either supported by one or more poles or braces, or attached directly to the ground.

 

(g)                 Ground Sign: A freestanding sign supported by short supporting uprights, or braces, or some other base or object in or upon the ground and no portion of which exceeds ten (10) feet above the average grade at the supports/base.

 

(h)                Illuminated Sign: A sign, which is lit by the use of internal or external electrical means, electrical devices, and/or wiring.  This includes signs with internal lighting, or signs illuminated by the use of attached or unattached external floodlights or light bulbs of any type.

 

(i)                  Marquee Sign: A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall.

 

(j)                  Political Sign: A portable sign used in connection with a local, state or national election or referendum.

 

(k)                Portable Sign: A sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure, and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character.

 

(l)                  Pylon Sign: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

 

(m)              Projecting Sign: A display sign which is attached directly to the building wall and which extends more than fifteen (15) inches from the face of the wall.

 

(n)                Roof Sign: A sign which is erected, constructed and maintained above the roof of the building to which it is connected.

 

(o)                Sign:  A display of an assembly of letters, figures, characters, marks and /or illustrations which is affixed to, located on, or painted or otherwise depicted on any structure, land or exterior of a building for purposes of attracting attention and /or conveying information.

 

(p)                Sign Area: The sign area of a sign shall mean the area expressed in square feet, within a single continuous rectilinear perimeter of straight lines enclosing the extreme limits of writing, representations, emblems or figures of a similar character together with all material or color forming an integral part of the display or used to differentiate the design from the background against which it is placed; provided that (a) in the case of a sign designed with more than one (1) exterior face, the area shall be computed as including only the maximum single displayed surface which is visible from any ground position; (b) the supports and uprights shall not be included in determining the surface display area; (c) the base on which any sign is placed shall be allowed to be one and a half (1 1/2) times the sign area; and (d) the areas of lamps, neon tubing or artificial illumination on walls of any structure shall be counted as part of the total allowable sign area.

 

(q)                Wall Sign: A sign, but not including a banner sign, which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more than fifteen (15) inches from the face of the fence or wall and which shall not extend above the wall.

 

SECTION 15.03 GENERAL PROVISIONS

 

It shall be unlawful for any person to erect, place, or maintain a sign in Port Sheldon Township except in accordance with the provisions of this section. 

 

(a)                 Signs Prohibited: The following types of signs are prohibited in all zoning districts:

(1)        Abandoned signs.

(2)        Air-filled or gas-filled balloon signs.

(3)        Animated signs and/or flashing signs (except traffic control devices).

(4)        Roof signs.

(5)                Signs imitating or resembling official traffic or government signs or signals.

(6)                Portable signs except as otherwise provided in this Article.

 

(b)        Permits Required: Unless otherwise provided by this Ordinance, all signs shall require permits and payment of fees as determined from time to time by the Township Board.  No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.

 

(c)         Signs Not Requiring Permits

 

(1)        A sign shall not be erected without the issuance of a sign permit except for the following signs, which are exempt from the provisions of this Ordinance with respect to permits, heights, area, and location except as otherwise provided in subsection 15.03(e):

 

a)         Signs erected by the Township, County, State, or Federal Government for street direction or traffic control.

b)         Governmental use signs erected by governmental agencies conveying information to the public including with limitation to designate hours of activity or conditions, or use for parks, parking lots, recreational areas, other public space, or for governmental buildings.

c)          Signs designating sites recognized by the State Historical Commission as Centennial Farms or Historic Landmarks.

d)         Real estate signs located two (2) feet outside of the street right-of-way, or further, advertising premises for sale, rent, or lease.

e)         Signs not larger than one (1) square foot in area posted to control and/or prohibit hunting or trespassing within the Township.

f)          Essential service signs denoting utility lines, railroad lines, hazards, and precautions including portable flashing signs.

g)         Signs not exceeding twelve (12) square feet in area that are 1) cut in to the face of a masonry surface, or 2) produced on a bronze or other noncombustible material placed on the face of a building, structure or other permanent object on the ground in order to commemorate a historical event or person.

h)         Signs, pennants, flags or banners used for holidays, public demonstrations for promotion of civic welfare, or charitable purposes wherein the same shall be used for not more than thirty (30) days.

i)          Accessory professional or nameplate signs not more than four (4) square feet in area.

j)          One sign advertising a garage sale, estate sale, rummage sale, or arts and crafts sale conducted by an individual, church or nonprofit organization may be placed upon the premises where the sale is located.  The sign shall not exceed six (6) square feet in area.  Any such event shall not occur more than three (3) times, for seventy-two (72) hour periods, within any calendar year.  Each such seventy two (72) hour period must be at least thirty (30) days apart.

k)         A sign may be located a minimum of two (2) feet from the front property line on the premises of a construction project which would not exceed thirty-two (32) square feet in area identifying the architects, engineers, contractors or other parties responsible for a project, or identifying the intended purposes or uses of the building.  A similar sign may also be permitted if required by a governmental agency providing financing for the project.  Such sign shall be removed within thirty (30) days from the issuance of a certificate of occupancy or of the completion of the construction.

l)          Political signs not larger than thirty-two (32) square feet in area may be placed upon any parcel of property in all districts provided:

(1)        It is not closer than 50 feet from the point when two different street right-of-way lines intersect.

(2)        It does not obstruct the vision of vehicular traffic on any street or on any area designated for which traffic or the parcel that is located on or any adjacent parcel thereto.

 

(d)        Application Procedure: A scale drawing of the outside dimensions of the sign or the total area encompassed by a line around all lettering or symbols shall be presented to the Zoning Administrator so that he may insure that the provisions of this section are met.  Evidence shall also be presented to the effect that the sign will be securely attached to the building or supporting structure and will not present a hazard.  For freestanding signs, a site development plan of the intended location of the sign and a scale drawing of the total sign structure shall also be presented to the Zoning Administrator.  When a site plan is required as per Section 21.01, sign information shall be submitted for review and approval as part of the site plan process.

 

(e)        No sign (whether a permit is required or not) shall be located or erected in such a manner as to interfere with traffic visibility. In determining whether a sign may interfere with traffic visibility, the Zoning Administrator shall consider the following:

(1)        Height, area, supporting structure, and distance from ground level of the sign;

(2)        Lighting of the sign;

(3)        Location of the sign in relation to roads, drives, points of ingress and egress, parking areas, sidewalks, and other vehicular or pedestrian access ways.

(4)        Location of the sign in relation to nearby buildings and structures.

(5)        Traffic visibility across corner lots.

 

(f)         No sign shall be located closer than two (2) feet to a public street right-of-way nor shall any portion of a sign overhang a public street right-of-way and shall have a minimum ground clearance of ten (10) feet except as otherwise provided in this Article.

 

(g)        No illumination or sign shall be so placed or designed to be confused with, or appear similar to, a highway sign or traffic safety device.

 

(h)        The provisions of this section are not intended to conflict with provisions controlling signs regulated under the authority of MCL 252.301 et seq., the Highway Advertising Act, as amended.

 

(i)         Lighting:

(1)        Unless otherwise specified by this Ordinance, all signs may be illuminated.  Low pressure sodium lighting is the preferred light source to minimize light emission.  No sign regulated by this Ordinance may utilize:

a)         An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion device.

b)         Any exposed incandescent lamp in excess of 160 watts unless a screen or shield is installed so that no light rays are emitted by the installed fixture at angles above the sign's highest horizontal plane.

c)                  Any revolving beacon light.

For the purpose of this Ordinance, quartz lamps shall not be considered an incandescent light source.

(2)        Metal halide lighting, fluorescent lighting, and quartz lighting may be used for signs but shall be installed in enclosed luminaries.

(3)        Glass tubes filled with neon, argon, or krypton may be used, provided they do not flash intermittently or create a visual effect of movement.

(4)        Lighting fixtures used to illuminate a sign shall be mounted on the top of the sign structure whenever practical or mounted so that no light rays are emitted by the installed fixture to traffic areas or residential areas. 

(5)                No sign may be illuminated by flashing, oscillating, or intermittent lighting.

 

(j)         A conforming agricultural business, commercial or institutional use may place four (4) directional signs off premises provided a proof of permission by the host property owner is provided to the Zoning Administrator, each sign does not exceed four (4) square feet in area, and is located a minimum of two (2) feet from the property line.

 

SECTION 15.04 SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS

 

In the AG, R-1 and LSR Districts, only the following signs shall be permitted:

 

(a)                 One (1) accessory professional nameplate sign not more than four (4) square feet in area.

(b)                One (1) temporary sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding six (6) square feet in total area.

(c)                 In parking areas, no signs other than directional or regulatory signs shall be permitted.  If such signs are shown in connection with a Site Plan, the Planning Commission shall determine whether or not they are the correct size and if they are necessary for the public welfare.  In all other cases, such determination shall be made by the Zoning Administrator.

(d)                Signs of a combined area of not more than thirty-two (32) square feet in area advertising the name and activities of a permitted nonresidential use.  Said sign shall be located on the same parcel as the use it is advertising.

(e)                 Customary farm and crop signs on active farms not to exceed ten (10) square feet in area.

(f)                  A sign of not more than thirty-two (32) square feet advertising the name and activities of a legal nonconforming use.

(g)                 A development entry sign not to exceed thirty-two (32) square feet which identifies the name of a residential development and/or the developer and/or the type of residential structures included in the development and/or a graphic layout of the lots, and which is harmonious in appearance with that of the vicinity.  Said sign may be erected after the Township Board has granted final preliminary plat approval, final PUD approval or similar type of approval as determined by the Zoning Administrator and shall be removed when ninety (90) percent of the dwellings have been occupied.

(h)                A development is permitted one ground mounted primary entry sign not to exceed thirty two (32) square feet in area.  A secondary entry may have one ground mounted sign not to exceed sixteen (16) square feet in area.  Said signs shall be located a minimum of two (2) feet from the street right-of-way and shall be located not to create a vision problem for traffic at the intersection.

(i)                   A real estate sign not to exceed six (6) square feet in area and five (5) feet in height.

 

SECTION 15.05 SIGNS IN COMMERCIAL DISTRICT

 

In the Commercial District, signs are permitted as follows:

 

(a)                 Only one wall or marquee sign is permitted on each building wall facing a public street or a parking lot:

(b)                The size of the wall or marquee sign shall not exceed 10% of the wall surface or exceed one hundred (100) square feet in area, whichever is less.

(c)                 One freestanding or pylon sign is permitted not to exceed one-hundred (100) square feet in area nor exceed a height of twenty (20) feet. 

(d)                A freestanding or pylon sign shall be setback a minimum of two (2) feet from any property line or road right-of-way line whichever is greater.

(e)                 Menu boards not larger than sixteen (16) square feet in area advertising the food and price for drive through or fast food restaurants shall not be included in computing the total sign area.

(f)                  Height of wall signs.  No wall sign shall project above the roof of the building to which it is attached.

(g)                 Temporary pennants, flags or banners are permitted for a period of not more than thirty (30) days without a building permit, provided they are kept in a state of good repair.

(h)                A multi-use establishment (shopping center larger than 50,000 square feet) is permitted the following type and size of signs.

(1)                One freestanding or pylon sign for multi-use establishment identification purposes not to exceed one hundred (100) square feet in size or twenty (20) feet in height.

(2)                Individual establishments within the center are permitted one wall or marquee sign not to exceed fifteen (15) percent of the wall area to be served by the sign.  Such sign shall be a minimum of ten (10) feet above finished grade.

(3)                An establishment with a major wall surface as part of the center is permitted a wall sign facing a street not to exceed on-half (1/2) percent of the wall area facing the street but not to exceed two-hundred and fifty (250) square feet in area.  As used above, a major wall surface shall mean a wall, which faces a public street, has a minimum size of two thousand (2,000) square feet and does not contain a customer entry area.  The wall surface may contain multiple surfaces provided they all are part of the same retail user.

(i)         A real estate sign not to exceed thirty-two (32) square feet in area and ten (10) feet in height.

 

SECTION 15.06 SIGNS IN THE INDUSTRIAL DISTRICT

 

(a)        Signs as regulated in the Commercial District.

(b)        Directional signs up to four (4) square feet in area designating entrances, exits, parking and loading areas, shipping docks or similar traffic control signs may be located a minimum of two (2) feet from any property line.

 

SECTION 15.07 REGULATIONS OF BILLBOARDS

 

Billboards may be constructed or erected in the Commercial and Industrial Zoning Districts adjacent to US 31 as either a principal or accessory use.

 

(1)        Not more than three (3) billboards may be located per linear mile of street or highway regardless of the fact that such billboards may be located on different sides of the subject street or highway.  The linear mile measurement shall not be limited to the boundaries of Port Sheldon Township where the particular street or highway extends beyond such boundaries.  Double-faced billboard structures (i.e., structures having back-to-back billboard faces) and V-type billboard structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one billboard.  Additionally, billboard structures having tandem billboard faces (i.e., two parallel billboard faces facing the same direction and side-by-side to one another) shall be considered as one billboard.  Otherwise, billboard structures having more than one billboard face shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in subsection "2" below.

(2)        No billboard shall be located within one thousand (1,000) feet of another billboard abutting either side of the highway.

(3)        No billboard shall be located closer than seventy-five (75) feet from a property line adjoining a public right-of-way or thirty (30) feet from any interior boundary lines of the premises on which the billboard is located.  It shall also be a minimum of forty (40) feet from a building or structure.

(4)        The surface display area of any side of a billboard may not exceed three hundred (300) square feet.

(5)        The height of a billboard shall not exceed thirty (30) feet above (1) the grade of the ground on which the billboard sits or, (2) the grade of the abutting roadway, whichever is higher.

(6)        A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is so located as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of on-coming vehicles, or any adjacent premises.  In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate.

(7)        A billboard shall be constructed in such a fashion that it will withstand all wind and vibration forces, which can normally be expected to occur in the vicinity.  A billboard shall be maintained so as to assure proper alignment of structure, continued structural soundness, and continued readability of message.

(8)        A billboard established within a commercial or industrial area, as defined in MCL 252.301 et. seq. (Highway Advertising Act) bordering interstate highways, freeways or primary highways as defined in said Act shall, in addition to complying with the above conditions, also comply with all applicable provisions of said Act and the regulations promulgated thereunder, as such may from time to time be amended.

 

 


 

ARTICLE XVI

 

PARKING AND LOADING SPACES

 

 

SECTION 16.01  GENERAL.  In all Zoning Districts, there shall be pro­vided, before any building or structure is occupied or is enlarged or increased in capacity, off-street parking spaces for motor vehicles as follows:

 

(a)        Automobile Sales and Service Garages - one (1) customer parking space for each five hundred (500) square feet of floor area.

 

(b)        Barber and Beauty Shops - three (3) spaces for each chair or booth.

 

(c)         Bowling Alleys - six (6) spaces for each alley.

 

(d)        Churches - one (1) space for each three (3) seats.

 

(e)        Commercial Amusements (outdoor) - twenty-five (25) percent of lot area, but in no case less than ten (10) spaces.

 

(f)         Dance Hall, Assembly Hall, Exhibition Hall Without Fixed Seats - one (1) space for each one hundred (100) square feet of floor area.

 

(g)        Drive-in Facilities - two (2) spaces for each drive-in window, plus four (4) stacking spaces for each drive-in window.

 

(h)        Dwellings - two (2) spaces per dwelling unit.

 

(i)         Funeral Home or Mortuaries - one (1) space for each twenty-five (25) square feet in service parlors or chapels plus one (1) space for each funeral vehicle maintained on the premises.

 

(j)         Furniture Sales (retail) - one (1) space for each five hundred (500) square feet of floor area.

 

(k)        Hospital - one (1) space for each two (2) beds plus one (1) space for each doctor plus one (1) space for each employee other than doctors. 

 

(l)         Hotels, Motels, Tourist Homes - one (1) space for each lodging room plus one (1) space for each full-time employee.

 

(m)       Libraries, Museums, Governmental Administration Buildings - one (1) space for each one hundred (100) square feet of floor area. 

 

(n)        Manufacturing, Electrical Power Generation, and Industrial Uses - two (2) spaces for each employee on the largest shift.  If there is only one shift, there shall be one (1) space for each employee.

 

(o)        Medical Offices and Clinics, Including Veterinary - six (6) spaces for each doctor or veterinarian plus one (1) space for each employee.

 

(p)        Office Buildings (Business and Professional) and Banks - one (1) space for each two hundred (200) square feet of floor area.

 

(q)        Restaurants, Bars, and Similar Establishments - one (1) space for each three (3) seats provided for patron use plus one (1) space for each employee.

 

(r)         Retail Sales and Personal Services - one (1) space for each one hundred (100) square feet of floor area.

 

(s)         Schools:

 

Elementary and Junior High Schools- two (2) spaces for each three (3) employees normally engaged in or about the buildings and grounds plus one (1) for each eight (8) auditorium seats.

 

Senior High Schools and Institutions of Higher Learning:  two (2) for each three (3) employees normally engaged in or about the buildings and grounds and one (1) additional for each four (4) students enrolled in the institu­tion, plus parking as required for gymnasiums and sports facilities. 

 

(t)         Service Stations - two (2) spaces for each employee plus two (2) spaces for each service stall.

 

(u)        Theaters and Auditoriums (not incidental to schools) - one (1) space for each four (4) seats plus one (1) space for each two (2) employees.

 

(v)        Warehouses, Storage Buildings, Lumber and Supply Yards, Wholesale Outlets - two (2) parking spaces for each employee.

 

(w)        Other Uses Not Specifically Mentioned - In the case of unique uses which are not specifically mentioned, the requirements for a use which is mentioned and to which said use is similar in terms of parking demand shall apply. 

 

(x)        Mixed Uses in the Same Building - In the case of mixed uses in the same building, the amount of parking space for each use shall be provided and the space for one (1) use shall not be con­sidered as provid­ing required spaces for any other use. 

 

SECTION 16.02  GENERAL REQUIREMENTS.

 

(a)        If the use of a structure or premises changes, the parking requirements of the new use shall apply.  If a structure or premises is enlarged, the parking requirements shall be applicable to the total area of the structure or premises.  A structure or premises shall not be used for a use nor enlarged unless the required parking is provided. 

 

(b)        In the instance of dual function of off-street parking spaces where operating hours of use do not overlap, the Zoning Board of Appeals may grant a variance for non-concurrent use. 

 

(c)         In the Single Family Residential Zoning District, no parking area shall be used for parking or storing of any commercial vehicle exceeding one-ton capacity.  The storage of merchandise, motor vehicles for sale (other than the resident's private vehicles), or the repair of vehicles exceeding one ton capacity is prohibited in any required parking area.

 

(d)        In the Single Family Residential Zoning District, the storage of major sporting equipment, such as camping trailers, motor homes, snowmobiles, and other similar equipment, shall not be permitted in the front yard.

 

SECTION 16.03  OFF-STREET LOADING SPACES.  For every building or addition to an existing building hereafter erected to be occupied by manufacturing storage, display of goods, retail store, or block of stores, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other similar uses requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same lot with such building or addition:

 

(a)        An area of means adequate for maneuvering and ingress and egress for delivery vehicles; and

 

(b)        Off-street loading spaces in relation to floor areas as follows:

 

(1)        Up to twenty thousand (20,000) square feet - one (1) space;

(2)        Twenty thousand (20,000) or more, but less than fifty thousand (50,000) square feet - two (2) spaces; and

(3)        One (1) additional space for each additional fifty thousand (50,000) square feet or fraction thereof.

 

SECTION 16.04  REQUIREMENTS FOR PARKING AREAS AND LOADING SPACES.  Every parcel of land hereafter established as an off-street public or private parking area for more than five (5) vehicles, including a municipal parking lot, commercial parking lot, automotive sales and/or service lot, and accessory parking areas for multiple dwellings, businesses, public assembly, and institu­tions, shall be developed and maintained in accordance with the following requirements:

 

(a)        Each off-street parking space shall have an area of not less than two hundred (200) square feet (exclusive of access drives or aisles) and shall be a minimum of ten (10) feet in width.  Each loading space shall be at least ten (10) feet wide and thirty-five (35) feet long. 

 

(b)        The parking lot and its driveway shall be:

 

(1)        Designed to provide adequate drainage.

(2)        Surfaced with concrete, asphalt pavement, compacted gravel, or similar material except that all parking lots, loading spaces, and driveways located in the Commercial and Industrial District shall be required to be surfaced with concrete or asphalt pavement..  (Amended December 11, 1997)

(3)        Maintained in good condition, free of dust, trash, and debris.

 

(c)         The parking lot and its driveways shall not be used for repair, dismant­ling, or servicing of any vehicles.

 

(d)        The parking lot shall be provided with entrances and exits so located as to minimize traffic congestion.

 

(e)        Lighting facilities shall be so arranged as to reflect the light away from adjoining properties.

 

(f)         No part of any public or private parking area, regardless of the number of spaces provided, shall be closer than ten (10) feet to the street right-of-way. 

 

(g)        A building permit is required prior to establishment or alteration of an off-street parking area. 

 

 

 


 

ARTICLE XVII

(RESERVED FOR FUTURE USE)

 


 

ARTICLE XVIII

 

SPECIAL USES

 

 

SECTION 18.01  PURPOSE.  Special uses are those uses of land which are not essentially incompatible with uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and discretion in order to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land.  The purpose of this article is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish special uses.  The criteria for decision and requirements provided for under the provisions of the article shall be in addition to those required elsewhere in this ordinance which are applicable to the special use under consideration. 

 

SECTION 18.02  APPLICATION PROCEDURES.  An application for authority to estab­lish a special use shall be submitted and acted upon in accordance with the following procedures: 

 

(a)        Application:  Applications for a special use shall be submitted in accordance with the resolution adopted by the Township Board for establishing submission deadlines.  The Zoning Administrator shall review the application for completeness, and when complete transmit it to the Planning Commission.  Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the Township Board to cover the costs of processing the application.  (amended November 11, 2004)

 

(b)        Required Information:  An application for a special use permit shall be accompanied by the following documents and information: 

 

(1)        A special use application form supplied by the Zoning Administrator which has been completed in full by the applicant. 

(2)        A site plan, as specified in Article XXI. 

(3)        A statement(s) and other supporting materials  with regard to compli­ance with the criteria required for approval in Section 18.03, and other criteria imposed by this Ordinance affecting the special use under consideration. 

 

(c)         Public Hearing:  Upon receipt of an application for a special use, the Planning Commission shall call a public hearing for the purpose of receiv­ing comments relative to the special use application.  A notice shall be published in a newspaper which circulates in the Township, and sent by mail or personal delivery to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in ques­tion, and to the occupants of all structures within  three hundred (300) feet.  The notice shall be given not less than five (5) nor more than fifteen (15) days before the date the application will be considered.  The notice shall: 

 

(1)        Describe the nature of the special use application. 

(2)        Indicate the property which is the subject of the special use application. 

(3)        State when and where the special use application will be considered. 

(4)        Indicate when and where written comments will be received concerning the application. 

 

(d)        Review and Approval:  Following the public hearing, the Planning Commis­sion shall review the application for a special use, comments received at the public hearing, the site plan and other materials submitted in rela­tion to the application, and make a determination on the special use application in accordance with the criteria for approval stated in Section 18.03, and such standards contained in this Ordinance which relate to the special uses under consideration.  Upon the approval or approval with conditions by the Planning Commission, the applicant may apply for a building permit. 

 

SECTION 18.03  PERFORMANCE STANDARDS AND BASIS OF DETERMINATION.  Prior to approval of a special use application, the Planning Commission shall insure that the standards specified in this section, as well as applicable standards established elsewhere in this Ordinance, shall be satisfied by the completion and operation of the special use under consideration. 

 

(a)        Pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site, between buildings, and between buildings and vehicles.

 

All parking spaces shall be usable, safe and conveniently arranged.  Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

 

(b)        The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement.  Particular attention shall be given to safety and fire protection, impact on surrounding development, and contiguous and adjacent buildings and lands. 

 

(c)         Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes.  Lighting standards shall be a type approved by the Planning Commission.  Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

 

(d)        Buffering may be required around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary.  Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees, or combinations thereof to achieve the stated objectives. 

 

(e)        Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements.  Landscaping
shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

 

(f)         Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

 

(g)        Storm drainage, sanitary waste disposal, water supply, and garbage disposal shall be reviewed and considered.  Particular emphasis shall be given to the accuracy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure.

 

(h)        Garbage disposal shall be adequate to insure freedom from vermin and rodent infestation.  All disposal systems shall meet municipal specifications as to installation and construction.

 

(i)         Environmental elements relating to soil erosion, preservation of trees, protection of water courses, and resources, noise, topography, soil, and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

 

(j)         Sexually Oriented business shall be operated in the Commercial Zone (Article VI) and subject to the following requirements:  (Amended April 9, 1998)

 

1.  A 350’ distance shall be maintained between any part of the business property and any adjacent residence and/or church or school property.

 

2.  Such business shall have direct vehicular access to Highway U.S.-31 or from a county road intersecting such highway, such county road access being 100 feet of the U.S. 31 right of way.

 

3.  Such business shall be a minimum of 500 feet from an existing residential unit, school or church.

 

4.  Serving alcohol beverages will not be permitted.

 

5.  The Planning Commission will consider the hours of operation proposed by the applicant and adjust as appropriate for the proposed location.

 

 


 

ARTICLE XIX

 

PUD - PLANNED UNIT DEVELOPMENT DISTRICT

 

 

SECTION 19.01  DESCRIPTION AND PURPOSE.  The use, area, height, bulk and placement regulations of this Ordinance are primarily applicable to the usual situation of one principal building on a lot.  In certain large development, these requirements might result in situations less in the interest of public health, safety and welfare than if a controlled degree of flexibility were allowed.  The PUD - Planned Unit Development is intended to permit and control the development of preplanned areas for various compatible uses allowed by the Zoning Ordinance and for other uses not so provided.

 

It is intended that uses in a PUD shall afford each type of land use reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection be afforded to uses adjacent to a PUD.

 

Under this Article, all proceedings shall be conducted with due consideration for maintenance of reasonable conditions regarding emission and transmission of injurious or obnoxious noise, fire or explosion hazard, liquid or solid waste disposal, vibration, gas fumes, smoke, dust, dirt, litter, odor, light, glare, traffic congestion, ingress and egress, ease of police and fire protection, drainage, lateral land support, blighting influence, effect on property values, light and air, overcrowding or persons, sanitation, general appearance of the area, surface and groundwater quality, and other similar considerations having an effect on public health, safety and general welfare of the people of the surrounding area.

 

SECTION 19.02  OBJECTIVES.  In order to realize the inherent advantages of coordinated, flexible, comprehensive, long-range planning and development of such planned development, the following objectives shall be met by any application for any PUD:

 

(a)        To provide more desirable living, shopping and working environments by preserving as much of the natural character of the property as possible, including, but not limited to, open space, stands of trees, brooks, ponds, floodplains, hills and similar natural assets.

 

(b)        To encourage the provision of open space and the development of recrea­tional and, where included in the plan, other support facilities in a generally central location within reasonable distance of all living units.

 

(c)         To encourage developers to use a more creative and imaginative approach in the development of areas.

 

(d)        To encourage underground utilities which can be more efficiently designed when master planning a larger area.

 

(e)        To allow phased construction with the knowledge that subsequent phases will be approved as originally planned and approved by the Township.

(f)         To promote flexibility in design and permit planned diversification in the location of structures.

 

(g)        To promote the efficient use of land to facilitate a more economic ar­range­ment of buildings, circulation systems, land use and utilities.

 

(h)        To combine and coordinate architectural styles, building forms, and building relationships within the planned unit development.

 

(i)         To insure a quality of construction commensurate with other developments within the Township (as amended June 12, 1986).

 

SECTION 19.03  APPLICATION AND REVIEW PROCEDURES.  An application for a Planned Unit Development shall be submitted and acted upon in accordance with the following procedures:

 

(a)        Application Submittal:  The submission shall be made as set by the resolution adopted by the Township Board for establishing submission deadlines.  The Zoning Administrator will review the application for completeness, and when complete, transmit it to the Planning Commission.  Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the Township Board to cover the costs of processing the application. (amended November 11, 2004)

 

(b)        Required Information:  An application for Planned Unit Development shall be accompanied by the following documents and information:

 

(1)        A Planned Unit Development application form supplied by the Zoning Administrator which has been completed in full by the applicant.

(2)        A site plan including:

a)         Scale, not to exceed one inch equals one hundred feet (1"=100').

b)         Locator map showing all road intersections within five hundred (500) feet.

c)          All structures, wooded areas and topography with two (2) foot intervals, except where the slope exceeds five (5) percent, in which case contour intervals may be ten (10) feet.

d)         All lot lines and owners of lots within three hundred (300) feet of the site.

e)         Streets, easements, watercourses and rights-of-way.

f)          Utility and drainage systems and plans.

g)         Preliminary plans for elevations and locations of structures.

h)         Preliminary plans for parking, lighting, loading, signs and landscaping.

i)          Any extension of off-tract improvements necessitated by the pro­posed development.

j)          A soil erosion and sedimentation control plan.

k)         Any other items deemed appropriate by the Planning Commission.

(3)        A statement(s) and other supporting materials with regard to compli­ance with the criteria required for approval in Section 19.04 and other criteria imposed by this Ordinance affecting the Planned Unit Development under consideration (as amended June 12, 1986).

 

(c)         Planning Commission Review and Recommendation:  Upon receipt of an appli­cation for a PUD, the Planning Commission shall:

 

(1)      Public Hearing: The Planning Commission shall call a public hearing for the purpose of receiving comments relative to the Planned Unit Development application.  A notice shall be published in a newspaper which circulates in the Township and sent by mail or personal deli­very to owner or owners of the property, all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet.  The notice shall be given not less than five (5) nor more then fifteen (15) days before the date the application will be considered.  The notice shall:

a)         Describe the nature of the Planned Unit Development application.

b)         Indicate the property which is the subject of the Planned Unit Development application.

c)          State when and where the Planned Unit Development application will be considered.

d)         Indicate when and where comments will be received concerning the application.

Said public hearing shall be noticed and conducted in accordance with applicable rezoning and platting requirements.

 

(2)        Planning Commission Recommendation:  Following the public hearing, the Planning Commission shall review the application for a Planned Unit Development, comments received at the public hearing, the site plan, and other materials submitted in relation to the application.  The Planning Commission shall recommend denial, approval, or approval with conditions, of the Planned Unit Development application in accordance with the purpose of this Article and the criteria for approval stated in Section 19.04, and such standards contained in this Ordinance which relate to the Planned Unit Development under consideration.  The Planning Commission shall prepare a report to the Township Board stating its conclusions on the application for a Planned Unit Development, the basis for this decision, and any condi­tions relating to an affirmative decision (as amended June 12, 1986).

 

(d)        Township Board Review and Recommendation:  Upon receipt of the Planning Commission's recommendation, the Township Board shall:

 

(1)        Public Hearing:  The Township Board shall call a public hearing for the purpose of receiving comments relative to the Planned Unit Devel­opment application.  A notice shall be published in a newspaper which circulates in the Township and sent by mail or personal deli­very to owner or owners of the property, all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet.  The notice shall be given not less than five (5) nor more than fifteen (15) days before the date the applica­tion will be considered.  The notice shall:

a)         Describe the nature of the Planned Unit Development application.

b)         Indicate the property which is the subject of the Planned Unit Development application.

c)          State when and where the Planned Unit Development application will be considered.

d)         Indicate when and where comments will be received concerning the application.

Said public hearing shall be noticed and conducted in accordance with applicable rezoning and platting requirements.

(2)        Township Board Approval/Denial:  Following the public hearing, the Township Board shall review the application for a Planned Unit Development, comments received at the public hearing, the site plan, and other materials submitted in relation to the application.  The Township Board shall deny, approve or approve with conditions, the Planned Unit Development application in accordance with the purpose of this Article and the criteria for approval stated in Section 19.04, and such standards contained in this Ordinance which relate to the Planned Unit Development under consideration.  The Township Board shall prepare a report stating its conclusions on the application for a Planned Unit Development, the basis for this decision, and any conditions relating to an affirmative decision (as amended June 12, 1986).

 

(e)        Coordination with Rezoning and Platting Requirements:  This procedure is intended to and shall be conducted in accordance with applicable rezoning and platting requirements.  Public hearings, reviews, and decisions of the Planning Commission and the Township Board shall be considered as concurrently fulfilling corresponding requirements of the Rural Township Zoning Act and the Subdivision Control Act.

 

(f)         Revisions and Re-hearings:

 

(1)        Minor Revisions:  The Planning Commission or the Township Board shall  permit minor revisions to the PUD application.  Said revisions shall reflect objections raised at the public hearing or to correct technical errors.  The revised application shall be forwarded without re-hearings and reviews.

(2)        Major Revisions:  The Planning Commission or the Township Board shall permit major changes to the PUD application; however, it shall have to be re-heard by the Planning Commission and the Township Board, respectively.  Notification shall be made in the same manner as prescribed in Sections 19.03(c)(1) and (d)(1), respectively.  Said notice shall include a brief description of the changes.  If it is determined that a major change is necessary, during the Planning Commission public hearing, then this public hearing may be adjourned to a time and place certain without the above renotification (as amended June 12, 1986).

 

SECTION 19.04  PERFORMANCE STANDARDS AND BASIS OF DETERMINATION.  Prior to approval of a Planned Unit Development application, the Planning Commission and the Township Board shall insure that the standards specified in this section, as well as applicable standards established elsewhere in this Ordinance, shall be satisfied by the completion of the Planned Unit Development under consideration:

 

(a)        Pedestrian and vehicular traffic movement within, and adjacent to, the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site, between buildings, and between buildings and vehicles.

 

All parking spaces shall be useable, safely, and conveniently arranged.  Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

 

(b)        The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement.  Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.

 

(c)         Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes.  Lighting standards shall be a type approved by the Planning Commission.  Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

 

(d)        Buffering may be required around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary.  Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.

 

(e)        Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements.  Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

 

(f)         Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

 

(g)        Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered.  Particular emphasis shall be given to the adequacy of existing systems and
the need for improvements, both on- site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure.

 

(h)        Garbage disposal shall be adequate to insure freedom from vermin and rodent infestation.  All disposal systems shall meet municipal specifications as to installation and construction.

 

(i)         Environmental elements relating to soil erosion, preservation of trees, protection of water courses, and resources, noise, topography, soil, and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

 

SECTION 19.05  GENERAL REQUIREMENTS.  All Planned Unit Developments shall con­form to the following requirements:

 

(a)        Use Restrictions:  Land in an approved PUD may be used for any permitted or special use authorized in the zoning district in which the PUD lies.  In addition, the following uses may be approved as a PUD:

 

(1)        Group camps and campgrounds, including recreational vehicle parks.

(2)        Country clubs.

(3)        Golf courses and outdoor sports facilities.

(4)        Hospitals.

(5)        Hotels and motels.

(6)        Nursing homes and senior citizens housing.

(7)        Philanthropic institutions.

(8)        Schools, colleges, and institutions of higher learning.

(9)        Multi-family residences.

(10)      Religious institutions.

(11)      Mobile Home Park.

 

(b)        Minimum Size:  In order to be zoned as a PUD district, the proposed area shall consist of at least five (5) acres and have a minimum of two hundred (200) feet of frontage.

 

(c)         Maximum Densities:  For the purposes of this chapter, maximum densities shall be determined on the basis of the gross area of the proposed PUD District.  The maximum density of a PUD shall not exceed one and one half (1.5) times the maximum density permitted in the zoning district in which the PUD lies except that the use permitted by Section 19.05(a)(11) shall not exceed 4.7 units per acre.

 

(d)        Sewer and Water Service:  In the event public sewer or water service is not available at the time of the development, PUD may utilize a private sewer or water system, provided such sewer and/or water system is approved by the Ottawa County Health Department and the Township Board.

 

(e)        Performance Bonds:  The Township Board is empowered to require a perform­ance bond or certified check in an amount up to the estimated cost of improvements associated with the project.  Such performance guarantee shall be deposited with the treasurer of the Township at the time of the issuance of the permit authorizing the activity or project to insure faithful completion of the improvements indicated with the approved site development plan; if not, said performance bond shall be forfeited.  The Township shall rebate a proportional share of the deposit, shown requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the Zoning Administrator.  The Zoning Administrator may, at his discretion, call upon professional as­sistance from the Township Engineer or the Township Planner.  In cases where the provisions of the final development plan, as approved, have not been met, the amount of the aforementioned performance guarantee shall be used by the Township to return the property to a safe and healthy condition; and the balance, if any, shall be returned to the applicant.

 

(f)         Time Limitations on Development:  Each PUD shall be under construction within one (1) year after the date of final approval by the Township Board.  If said development does not fulfill this provision, the Planning Commission may grant a sixty (60) day extension provided the developers present reasonable evidence to the effect that the PUD has encountered unforeseen difficulties but is not ready to proceed.  Should the aforementioned provisions not be fulfilled, any building permit issued for said development shall be invalid and void.

 

 

 


 

ARTICLE XX

 

(RESERVED FOR FUTURE USE)


 

ARTICLE XXI

 

SITE PLAN REVIEW

 

 

SECTION 21.01  APPLICABILITY.

 

(a)        Site plan review and approval shall be required before any change of use, or before any excavation, removal of soil, clearing of a site, or placing of any fill on lands contemplated for development; and, except as herein­after provided, no building permit shall be issued for any building or use, or reduction or enlargement in size or other alteration of any build­ing or change in use of any building including accessory structures unless a site plan is first submitted and approved by the Planning Commission and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the Planning Commission. 

 

(b)        All uses in the following districts shall require site plan approval: 

 

            -Commercial District

            -Industrial District

            -PUD - Planned Unit Development District

 

In the following districts, site plan approval shall be required as stated: 

 

(1)        Residential - All uses other than single-family dwellings and their accessory buildings. 

(2)        Agricultural - All uses other than single-family dwellings, their accessory buildings and farming structures. 

 

(c)         Site plan approval shall not be required if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. 

 

SECTION 21.02  PERFORMANCE STANDARDS.

 

In reviewing any site plan, the Planning Commission shall consider: 

 

(a)        Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas; off-street loading and unloading; and movement of people, goods and vehicles from access roads, within the site, and between buildings and vehicles. 

 

The Planning Commission shall ensure that all parking spaces are useable and are safely and conveniently arranged.  Access to the site from adjacent roads shall be designed so as
to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. 

 

(b)        The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement.  Particular attention shall be given to safety and fire protection, impact on surrounding development, and contiguous and adjacent buildings and lands. 

 

(c)         Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes.  Lighting standards shall be a type approved by the reviewing board.  Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties. 

 

(d)        Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary.  Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees, or combinations thereof to achieve the stated objectives. 

 

(e)        Landscaping shall be provided as part of the overall site plan design and integrated into building arrangement, topography, parking and buffering requirements.  Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner. 

 

(f)         Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians. 

 

(g)        Storm drainage, sanitary waste disposal, water supply, and garbage disposal shall be reviewed and considered.  Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to main­tain an adequate supply of water at sufficient pressure for fire fighting purposes. 

 

(h)        Garbage disposal shall be adequate to ensure freedom from vermin and rodent infestation.  All disposal systems shall meet municipal specifications as to installation and construction. 

 

(i)         Environmental elements relating to soil erosion, preservation of trees, protection of water courses and resources, noise, topography, soil, and animal life shall be reviewed; and the design of the plan shall minimize any adverse impact on these elements. 

 

SECTION 21.03  SUBMITTAL REQUIREMENTS.

 

(a)        The applicant shall submit three (3) copies of his complete application to the Planning Commission.  The time for the Planning Commission's review shall not begin to run until the submission of a complete application with the required fee.  The submission shall be made as set by the resolution adopted by the Township Board for establishing submission deadlines. (amended November 11, 2004)

 

(b)        A complete application for preliminary approval shall also consist of the following: 

 

(1)        A properly completed site plan information form. 

(2)        The required fee, as specified by resolution of the Township Board.

(3)        A site plan on which the following is set out: 

a)         Scale, not to exceed 1" = 100'.

b)         Location map showing all road intersections within 500 feet. 

c)          All structures, wooded areas and topography with two-foot inter­vals, except where the slope exceeds five (5) percent, in which case contour intervals may be ten feet. 

d)         All lot lines and owners of lots within 300 feet of the site (as amended June 12, 1986).

e)         Streets, easements, watercourses and right-of-ways. 

f)          Utility and drainage plans and information. 

g)         Preliminary plans for elevations and locations of structures. 

h)         Preliminary plans for parking, lighting, loading, signs, and landscaping. 

i)          Any extension of off-tract improvements necessitated by the proposed development. 

j)          Other items as required by the Planning Commission (as amended June 12, 1986).

 

SECTION 21.04  DISTRIBUTION OF SITE PLAN.

 

The clerk of the reviewing board shall distribute the site plan application for review and report as required. 

 

SECTION 21.05  PUBLIC HEARINGS.

 

(a)        At the discretion of the reviewing board, a public hearing may be held on any application for site plan approval. 

 

SECTION 21.06  EXCEPTION TO APPLICATION OF SITE PLAN REGULATIONS.

 

The Planning Commission, when acting upon applications for site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this ordinance if the literal enforcement of one or more provisions of this ordinance is impracticable or will extract undue hardship because of peculiar conditions pertaining to the land in question. 

 

SECTION 21.07  EFFECT OF SITE PLAN APPROVAL.

 

Approval of a site plan, except as provided below in subsection (d) of this section, shall confer upon the applicant the following rights for a one year period from the date of the site plan approval: 

 

(a)        That the general terms and conditions on which approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size, yard dimension and off-tract improvements; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting, both for safety reasons and street lighting; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of approval as relate to the public health and safety. 

 

(b)        That the applicant may submit for a building permit on or before the expiration date of approval. 

 

(c)         That the applicant may apply for, and the Planning Commission may grant extensions on, such approval for additional periods of one year but not to exceed a total extension of two years.  If the design standards have been revised by ordinance, such revised standards may govern. 

 

(d)        In the case of a site plan for an area of 50 acres or more, the Planning Commission may grant the rights referred to in subsections (a), (b) and (c) of Section 21.07 above for such period of time longer than one year, as shall be determined by the Planning Commission to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic condi­tions; and (3) the comprehensiveness of the development.  The applicant may apply for thereafter, and the Planning Commission may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Commission to be reasonable, taking into consideration the above factors.  If the design standards have been revised by ordinance, such revised standards may govern. 

 

SECTION 21.08  GUARANTEES REQUIRED.

 

(a)        As a condition of site plan approval, the Planning Commission may require and shall accept in accordance with the standards adopted by this ordinance for the purpose of assuring the installation and maintenance of on-tract improvements: 

 

(1)        The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 100 (one hundred) percent of the cost of installation for improvements it may deem necessary or appropriate, including, but not limited to, streets, grading, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space, and other on-site improvements and landscaping.  The performance guarantee shall be in the form of a bond from a bonding company approved by the Township or other form as may be acceptable to the Township. 

 

(2)        The furnishing of a maintenance guarantee to be posted with the Township Board for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed fifteen (15) percent of the cost of the improvement.  In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by performance or maintenance guarantees to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements. 

 

(b)        The amount of any performance guarantee may be reduced by the Township Board, by resolution, when portions of the improvements have been certified by the Building Inspector to have been completed. 

 

(c)         If the required improvements are not completed or corrected in accordance with the performance guarantee, the obliger and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvement. 

 

(d)        When all of the required improvements have been completed, the obliger shall notify the Township Board, in writing, of the completion of said improvements and shall send a copy thereof to the Zoning Administrator.  The Building Inspector shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Board indi­cating either approval, partial approval, or rejection of the improvements with a statement of reasons for any rejection.  If partial approval is indicated, the cost of the improvements rejected shall be set forth. 

 

(e)        The Township Board shall either approve, partially approve, or reject the improvements on the basis of the report of the Building Inspector and shall notify the obliger, in writing, not later than 60 days after receipt of the notice from the obliger.  Where partial approval is granted, the obliger shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provi­sion of the improvements not yet approved. 

 

(f)         If any portion of the required improvements is rejected, the reviewing board may require the obliger to complete such improvements; and upon completion, the same procedure of notification, as set forth in this section, shall be followed. 

 

(g)        If the Township employs an engineer to review improvements, the obliger shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improve­ments. 

 

 


 

ARTICLE XXII

 

CHANGES AND AMENDMENTS

 

 

SECTION 22.01  INITIATION OF AMENDMENTS.  This Ordinance may be amended or sup­plemented from time to time in accordance with Act 184 of the Public Acts of 1943, as amended, being the Rural Township Zoning Act.  Amendments to this Ordinance may be initiated by the Township Board, the Planning Commission, or by any interested person or persons by petition to the Planning Commission.

SECTION 22.02  AMENDMENT PETITION PROCEDURE.  All petitions for amendment to this Ordinance shall be in writing, signed and filed with the Township Clerk for presentation to the Planning Commission.  The submission shall be made as set by the resolution adopted by the Township Board for establishing submission deadlines Such petitions shall include the following: (amended November 11, 2004)

(a)        The petitioner's name, address, and interest in the petition and, if applicable, the name, address, and interest of each person having a legal or equitable interest in any land which is to be rezoned.

(b)        The nature and effect of the proposed amendment.

(c)         If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing the land would be affected by the proposed amendment, a legal description of such land, the present zoning district of the land, the zoning district of all abutting lands, and all public and private right-of-way and easements bounding and intersecting the land to be rezoned.

(d)        The alleged error, if any, in the Ordinance which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reason why the proposed amendment will correct the same.

(e)        The changed or changing conditions in the area or in the Township that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare.

(f)         All other circumstances, factors, and reasons which the petitioner offers in support of the proposed amendment.

SECTION 22.03  AMENDMENT PROCEDURE.  After initiation, amendments to this Ordi­nance shall be considered as follows:

(a)        The Planning Commission shall authorize the preparation of the proposed amendment to be considered.

(b)        The Planning Commission shall set a time and place for a public hearing and provide for the legal publishing and proper posting of notices of such hearing time and date in a newspaper of general circulation in the Township and send by mail or personal delivery to owner or owners of the property, all persons to who real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet.  The first notice to be printed not more than thirty (30) days nor less than twenty (20) days and the second not more than eight (8) days before the date of hearing.  Such notices shall include the places and times at which the tentative text or map change may be examined (as amended June 12, 1986).

(c)         At said hearing, the Planning Commission shall establish that the applicant has paid to the Township the fee established by the Township Board and that proper notices have been made.

(d)        The Planning Commission shall hold said public hearing, noting all comments and reports requested, or noting the absence of such.

(e)        The Planning Commission may make minor changes in the amendment to reflect objections raised at the hearing or to correct technical errors.  The changed text shall be forwarded as above without further hearing.  If the Planning Commission desires to make major changes in the proposed amendment, it shall either adjourn the hearing, announcing at that time the time and place of the continuation thereof, or set a time and place for a new public hearing as called for above.

(f)         The Planning Commission desires to make major changes in the proposed amendment, it shall either adjourn the hearing, announcing at that time the time and place of the continuation thereof, or set a time and place for a new public hearing as called for above.

(g)        After receiving notice of action by the County Planning Commission or fol­lowing the required 30 days time within which County action is required, the Township Board shall consider such proposed zoning amendment.

(h)        If the Township Board shall deem any amendments, changes, additions, or departures advisable as to the proposed amendment, it shall refer the same back to the Planning Commission for a report thereon within a time specified by the Board.  After receiving the report, the Board shall grant a hearing on any proposed ordinance provision to any property owner who, by certified mail addressed to the Township Clerk, requests to be so heard and shall request the Planning Commission to attend any such hearing.

(i)         The Township Board may pass the amendment after receiving the recommenda­tion of the County Planning Commission, if any is required, or at least thirty (30) days after the County recommendation is requested.

(j)         The Township Board shall adopt the Ordinance in the prescribed manner and shall publish the Ordinance amendment or a summary of the regulatory effect of the Ordinance amendment within fifteen (15) days.

(k)        The Township Board shall then file the Ordinance in the official ordinance book of the Township within seven (7) days after adoption and publication with a certification by the Supervisor and Clerk authenticating the record.


 

ARTICLE XXIII

 

ADMINISTRATION AND ENFORCEMENT

 

 

SECTION 23.01  ZONING ADMINISTRATION.  The provisions of this Ordinance shall be administered and enforced by the Zoning Administrator.  The Zoning Administrator shall be appointed by the Township Board for such term and subject to such conditions an at such rate of compensation as the Township Board shall determine.  To be eligible for appointment to the post of Zoning Administrator, the applicant must:

 

(a)        Be generally informed of the provisions of this Ordinance.

 

(b)        Have a general knowledge of the building arts and trades.

 

(c)         Be in good health and physically capable of fulfilling the duties of the Zoning Administrator.

 

Said applicant shall have no interest whatsoever, directly or indirectly, in the sale or manufacture of any material, process, facility or device entering into or used in connection with building construction.  The Zoning Administra­tor may be removed by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing.

 

SECTION 23.02  PERMITS REQUIRED.  No person, firm or corporation shall excavate, erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure at a cost of more than fifteen hundred dollars ($1,500) in Port Sheldon Township or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Zoning Administrator.  It shall be unlawful for any person, firm, or corporation to excavate, erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure at a cost of more than fifteen hundred dollars ($1,500) in Port Sheldon Township without first obtaining such a permit from the Zoning Administrator.

 

SECTION 23.03  APPLICATIONS FOR BUILDING PERMITS.  To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose.  Every such application shall:

 

(a)        Identify and describe the work to be covered by the permit for which application is made.

 

(b)        Describe the land on which the proposed work is to be done, by lot, block, track, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

 

(c)         Indicate the use or occupancy for which the proposed work is intended.

 

(d)        Be accompanied by plans and specifications as required in Section 23.04.

 

(e)        State the valuation of the proposed work.

 

(f)         Be signed by permittee, or his authorized agent, who may be required to submit evidence to indicate such authority.

 

(g)        Give such other information as reasonably may be required by the Zoning Administrator, including, but not limited to, the following:

 

(1)        The actual shape, location and dimensions of the lot.

(2)        The shape, size, area and location of the building or structure to be excavated, erected, constructed, enlarged, altered, repaired, moved, improved, converted or demolished, and of any buildings or other structures already on the lot.

(3)        The existing and intended use of the lot and of all structures upon it.

(4)        Such other information concerning the lot, adjoining lots, or other matters as may be essential for determining whether the provisions of this Ordinance are being observed.

 

SECTION 23.04  BUILDING PERMIT PLANS AND SPECIFICATIONS.  With each application for a building permit, and when required by the Zoning Administrator for en­forcement of any provisions of this Ordinance, two sets of plans and specifications shall be submitted.  The Zoning Administrator may require plans and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such.

 

Plans and specifications shall be submitted to the Zoning Administrator in accord with the requirements of the Building Code.  The Zoning Administrator, at his discretion, may require a certified property survey to insure that the provisions of this Ordinance are met.

 

SECTION 23.05  ISSUANCE OF BUILDING PERMITS.  The application, plans, and specifications filed by an applicant for a permit shall be checked by the Zoning Administrator.  Such plans may be reviewed by other officials of the Township to check compliance with the laws and ordinances under their jurisdic­tion.  If the Zoning Administrator is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this Ordinance, the Building Code and other pertinent laws and ordinances; he shall issue a permit therefore to the applicant; however:

 

(a)        Issuance of a permit shall in no case be construed as waiving any provision of this Ordinance.

 

(b)        The Zoning Administrator, under no circumstances, is permitted to grant exceptions to the actual meaning of any clause, order, or regulation con­tained in this Ordinance.

 

(c)         The Zoning Administrator, under no circumstances, is permitted to make changes in this Ordinance or to vary the terms of this Ordinance.

 

(d)        The Zoning Administrator shall issue a permit when the imposed conditions of this Ordinance and the Building Code and other pertinent laws and ordinances are met by the applicant, regardless of the effect of such a permit on contracts, such as deed covenants or private agreements.

 

(e)        If any application for such permit is not approved, the Zoning Administra­tor shall state in writing the cause for such disapproval.

 

SECTION 23.06  FEES.  Building permit fees shall be charged and collected by the Zoning Administrator in accord with the fee schedule adopted by resolution of the Township Board.

 

SECTION 23.07  CERTIFICATE OF OCCUPANCY.  No building or structure, except as otherwise provided in the Building Code, shall be used or occupied, and no change in the use or occupancy of a building or structure or portion thereof shall be made until the Zoning Administrator has issued a Certificate of Occu­pancy.  Such Certificate shall affirm that the building or structure conforms in all respects with the provisions of this Ordinance and the Building Code.

 

(a)        A temporary Certificate of Occupancy may be issued by the Zoning Administrator for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure.

 

(b)        Upon written request from the owner or tenant, the Zoning Admini­strator may issue a Certificate of Occupancy for any building, structure, or premises existing at the time of enactment of this Ordinance certifying, after inspection, the extent and kind of use made of the building, struc­ture or premises and whether such use conforms to the provisions of this Ordinance.

 

(c)         No permit or certificate shall be issued for any illegal use or occupancy existing at the time of the adoption of this Ordinance.  Furthermore, the issuance of a Certificate of Occupancy shall in no case be construed as waiving any provision of this Ordinance.


 

ARTICLE XXIV

 

VIOLATIONS AND PENALTIES

 

 

SECTION 24.01  VIOLATIONS-PROCEDURES.  Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint.  Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator.  He shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance.  A record of the disposition of complaints shall be filed.

 

SECTION 24.02  PENALTIES.  Any owner or agent, and any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any statement or plan submitted hereunder, or shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine of not more than five hundred dollars ($500.00) or to imprisonment for not more than ninety (90) days in the Ottawa County Jail, or both.  Each and every day such a violation con­tinues shall be deemed a separate and distinct violation.

 

The Township Board, the Board of Appeals, the duly authorized Attorney for the Township, the Prosecuting Attorney for Ottawa County, or any owners or occupants of any real estate within the Township may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, enjoin, abate or remove any violation of this Ordinance.  The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.


 

ARTICLE XXV

 

MISCELLANEOUS PROVISIONS

 

 

SECTION 25.01  ADMINISTRATIVE LIABILITY.  No officer, agent, employee, Zoning Board of Appeals, Building Inspector, or member of the Planning Commission, Township Board, or Board of Appeals shall be himself personally liable for any damage that may accrue to any person as the result of any act, decision, or other consequence or occurrence arising out of the discharge of his duties and responsibilities pursuant to this Ordinance.

 

SECTION 25.02  SEVERABILITY.  This Ordinance and the various parts, sections, subsections, paragraphs, sentences, phrases and clauses thereof are hereby declared to be severable.  If any part, section, subsection, paragraph, sentence, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this Ordinance shall not be affected thereby.

 

SECTION 25.03  REPEAL.  The former Zoning Ordinance of this Township, effective August 13, 1970, and all amendments thereto, are hereby repealed; provided, however, that the same shall remain in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of any penalty or liability thereunder.  All other ordinances and parts of ordinances, or amendments thereto, of the Township of Port Sheldon, in conflict with the provisions of this Ordinance, except those ordinances and parts of ordinances or amendments thereto which are more restrictive than this Ordinance, are hereby repealed.

 

SECTION 25.04  EFFECTIVE DATE.  This Ordinance was adopted at a regular meeting of the Port Sheldon Board on the 9th day of May, 1985, and is ordered to take effect thirty (30) days from the adopted date and a notice shall be published once in the Holland Sentinel on or before the 24th day of May, 1985.

 

 

/s/ Lloyd Bakker                                                        

Township Supervisor

 

 

 

/s/ Judith Elenbaas                                                    

Township Clerk

 

 


PORT SHELDON TOWNSHIP

ZONING ORDINANCE

 

TABLE OF CONTENTS

 

 

                                                                                                                                               Page

 

ARTICLE I - PREAMBLE                                                                                                         1

 

1.01       Short Title                                                                                                          1

1.02       Purpose                                                                                                               1

1.03       Scope                                                                                                                  1

1.04       Legal Basis                                                                                                          1

 

ARTICLE II - DEFINITIONS                                                                                                    2

 

2.01       Rules Applying to Text                                                                                       2

2.02       Definitions (individual definitions run alphabetically)                                       2

 

ARTICLE III - MAPPED DISTRICTS                                                                                      16

 

3.01       Zone Districts                                                                                                    16

3.02       Zoning Map Adopted                                                                                        16

3.03       Rules Applying to District Boundaries                                                              16

3.04       Areas Not Included Within a District                                                               17

 

ARTICLE IV - GENERAL PROVISIONS                                                                               18

 

4.01       Scope                                                                                                                 18

4.02       Mixed Occupancy                                                                                              18

4.03       Required Area or Space                                                                                    18

4.04       Traffic Visibility Across Corner Lots                                                                 18

4.05       Height Exceptions                                                                                             18

4.06       Essential Public Services                                                                                    18

4.07       Control of Heat, Glare, Fumes, Dust, Noise, Vibration and Odor                  19

4.08       Temporary Uses and Structures                                                                        19

4.09       Accessory Uses                                                                                                   19

4.10       Accessory Buildings                                                                                           19

4.11       Double Frontage Lots                                                                                       22

4.12       Governmental Improvements                                                                          22

4.13       Water and Sanitary Disposal Facilities, Available                                              22

4.14       Keeping of Pets and Livestock                                                                           22

4.15       Swimming Pools                                                                                                22

4.16       Unlicensed and Inoperable Vehicles                                                                 23

 

TABLE OF CONTENTS

(Cont'd)

 

                                                                                                                                                 Page

 

4.17       Home Occupations                                                                                           23

4.18       Litter                                                                                                                 23

4.19       River and Creek Setbacks                                                                                 23

4.20       Grade Levels and On-Site Drainage                                                                 24

4.21       Certain Uses Prohibited                                                                                    24

4.22       Minimum Requirements for Dwellings Outside of Mobile                              25

              Home Parks                                                                                                        

4.23       Removal of Natural Resources                                                                          26

4.24       Man-Made Ponds                                                                                              28

4.25       Docks, Boat Houses, and Mooring Facilities                                                     30

4.26       Road, Highway, and Setbacks                                                                           30

4.27       Yard Encroachments                                                                                         31

4.28       Registration of Land                                                                                         31

4.29       Access                                                                                                                31

4.30       Slope Provisions                                                                                                31

4.31       Flood Damage Prevention                                                                                31

4.32       Applicable Regulations                                                                                      32

4.33       Lot Width                                                                                                         32

4.34       Radio/Television, Microwave, CTV Towers and Accessory Structures             32

4.35       Corner Lot                                                                                                        35

4.36       Fences                                                                                                                35

 

ARTICLE V - R-1 - SINGLE FAMILY RESIDENTIAL DISTRICT                                         37

 

5.01       Description and Purpose                                                                                   37

5.02       Use Regulations                                                                                                37

5.03       Area and Yard Regulations                                                                               38

5.04       Height Regulation                                                                                             39

5.05       Minimum Floor Area                                                                                        39

5.06       Sign Regulations                                                                                               39

5.07       Parking Regulations                                                                                          39

 

ARTICLE VA - LSR - LAKESHORE RESIDENTIAL DISTRICT                                          40

 

5.01A     Description and Purpose                                                                                   40

5.02A     Use Regulations                                                                                                40

5.03A     Area and Yard Regulations                                                                               41

5.04A     Height Regulation                                                                                             42

5.05A     Minimum Floor Area                                                                                        42

5.06A     Sign Regulations                                                                                               42

5.07A     Parking Regulations                                                                                          42

 

TABLE OF CONTENTS

(Cont'd)

 

                                                                                                                                                 Page

 

ARTICLE VI - COMMERCIAL DISTRICT                                                                            43

 

6.01       Description and Purpose                                                                                   43

6.02       Use Regulations                                                                                                43

6.03       Area and Yard Regulations                                                                               43

6.04       Height Regulation                                                                                             44

6.05       Sign Regulations                                                                                               44

6.06       Parking Regulations                                                                                          44

6.07       Site Plan                                                                                                            44

 

ARTICLE VII - INDUSTRIAL DISTRICT                                                                              45

7.01       Description and Purpose                                                                                   45

7.02       Use Regulations                                                                                                45

7.03       Performance Standards                                                                                     45

7.04       Area and Yard Regulations                                                                               46

7.05       Height Regulation                                                                                             46

7.06       Sign Regulations                                                                                               46

7.07       Parking Regulations                                                                                          46

7.08       Special Requirements                                                                                        46

 

ARTICLE VIII - AG-1 - AGRICULTURAL DISTRICT                                                          47

8.01       Description and Purpose                                                                                   47

8.02       Use Regulations                                                                                                47

8.03       Area and Yard Regulations                                                                               49

8.04       Height Regulation                                                                                             50

8.05       Minimum Floor Area                                                                                        50

8.06       Sign Regulations                                                                                               50

8.07       Parking Regulations                                                                                          50

 

ARTICLE IX - OPEN SPACE DISTRICT                                                                                51

9.01       Description and Purpose                                                                                   51

9.02       Use Regulations                                                                                                51

9.03       Area and Yard Regulations                                                                               51

9.04       Height Regulations                                                                                           51

9.05       Sign Regulations                                                                                               51

9.06       Parking Regulations                                                                                          51

 


TABLE OF CONTENTS

(Cont'd)

 

                                                                                                                                                 Page

 

ARTICLE X - CD - CRITICAL DUNE DISTRICT                                                                 52

Deleted - June, 2001                                                                                                         

 

ARTICLE XI - HIGH RISK EROSION AREA OVERLAY ZONE                                         53

 

Deleted - June, 2001

 

ARTICLE XII - PLANNING COMMISSION                                                                          54

 

12.01     Township Planning Commission                                                                      54

12.02     Membership, Compensation, and Funding                                                      54

12.03     Officers, Meeting, Professional Advisors and Rules                                          55

12.04     Responsibility for Preparation and Adoption of Land Use Plan;                      55

              Plan Content

12.05     Approval of Public Improvements                                                                    56

12.06     Approval of Plats                                                                                               56

12.07     Special Use Permits                                                                                           56

12.08     Other Authority, Duties, and Responsibilities                                                  56

 

ARTICLE XIII - ZONING BOARD OF APPEALS                                                                  57

 

13.01     Board of Appeals                                                                                               57

13.02     Meeting, Oaths, Records                                                                                  57

13.03     Procedure                                                                                                          58

13.04     Duties, Rules, Hearing and Decision of Appeals;                                              59

              Right to and the Grounds of Appeals                                                                

13.05     Land Use Variance                                                                                            60

 

ARTICLE XIV - NONCONFORMING USES, BUILDINGS, STRUCTURES                     61

                           OR PARCELS                                                                                                

 

14.01     Description and Purpose                                                                                   61

14.02     Continuance of Nonconforming Uses, Buildings,                                            61

              Structures or Parcels                                                                                           

14.03     Expansion                                                                                                          61

14.04     Restoration and Repair                                                                                     62

14.05     Change or Discontinuance                                                                               62

14.06     Change of Ownership                                                                                       62

14.07     Rebuilding or Restoration Cost                                                                        62


TABLE OF CONTENTS

(Cont'd)

 

                                                                                                                                                 Page

 

14.08     Removal of Nonconforming Status                                                                  62

14.09     Building or Structure Under Construction on                                                  62

              Effective Date of Ordinance or Amendment                                                    

 

ARTICLE XV - SIGNS                                                                                                             63

 

15.01     Description and Purpose                                                                                   63

15.02     Definitions                                                                                                        63

15.03     General Provisions                                                                                            64

15.04     Signs in the Agricultural and Residential District                                             67

15.05     Signs in the Commercial District                                                                      68

15.06     Signs in the Industrial District                                                                          69

15.07     Regulations of Billboards                                                                                  69

 

ARTICLE XVI - PARKING AND LOADING SPACES                                                          71

 

16.01     General                                                                                                             71

16.02     General Requirements                                                                                      72

16.03     Off-Street Loading Spaces                                                                                 73

16.04     Requirements for Parking Areas and Loading Spaces                                      73

 

ARTICLE XVII - RESERVED FOR FUTURE USE                                                                75

 

ARTICLE XVIII - SPECIAL USES                                                                                           76

 

18.01     Purpose                                                                                                              76

18.02     Application Procedures                                                                                     76

18.03     Performance Standards and Basis of Determination                                        77

 

ARTICLE XIX - PUD - PLANNED UNIT DEVELOPMENT DISTRICT                               79

 

19.01     Description and Purpose                                                                                   79

19.02     Objectives                                                                                                          79

19.03     Application and Review Procedures                                                                  80

19.04     Performance Standards and Basis of Determination                                        83

19.05     General Requirements                                                                                      84

 

ARTICLE XX - RESERVED FOR FUTURE USE                                                                   86

 

 

 

TABLE OF CONTENTS

(Cont'd)

 

                                                                                                                                                 Page

 

ARTICLE XXI - SITE PLAN REVIEW                                                                                     87

 

21.01     Applicability                                                                                                      87

21.02     Performance Standards                                                                                     87

21.03     Submittal Requirements                                                                                   88

21.04     Distribution of Site Plan                                                                                   89

21.05     Public Hearings                                                                                                 89

21.06     Exception to Application of Site Plan Regulations                                            89

21.07     Effect of Site Plan Approval                                                                              89

21.08     Guarantees Required                                                                                        90

 

ARTICLE XXII - CHANGES AND AMENDMENTS                                                             92

 

22.01     Initiation of Amendments                                                                                92

22.02     Amendment Petition Procedure                                                                       92

22.03     Amendment Procedure                                                                                     92

 

ARTICLE XXIII - ADMINISTRATION AND ENFORCEMENT                                          94

 

23.01     Zoning Administration                                                                                     94

23.02     Permits Required                                                                                              94

23.03     Applications for Building Permits                                                                     94

23.04     Building Permit Plans and Specifications                                                          95

23.05     Issuance of Building Permits                                                                             95

23.06     Fees                                                                                                                   96

          23.07     Certificate of Occupancy                                                                                   96

 

ARTICLE XXIV - VIOLATIONS AND PENALTIES                                                              97

 

24.01     Violations-Procedures                                                                                        97

24.02     Penalties                                                                                                            97

 

ARTICLE XXV - MISCELLANEOUS PROVISIONS                                                             98

 

25.01     Administrative Liability                                                                                     98

25.02     Severability                                                                                                        98

25.03     Repeal                                                                                                               98

25.04     Effective Date                                                                                                    98

 


 

 

Ordinance No. 32

 

ZONING  ORDINANCE

 

 

 

 

 

 

PORT SHELDON TOWNSHIP

Ottawa County, Michigan

 

Adopted

June 22, 1985

 

as amended through

November 11, 2004

 

 

Prepared by

PORT SHELDON TOWNSHIP PLANNING COMMISSION