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.

(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.

(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.

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%

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 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.

(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;

(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.

(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.

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 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.

(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.

(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.

(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 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.

(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 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.

(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.

(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.

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