ARTICLE I
PREAMBLE
SECTION 1.01 SHORT TITLE.
This Ordinance shall be known as the Port Sheldon Township Zoning
Ordinance.
SECTION 1.02 PURPOSE.
In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements adopted for the promotion of
the public health, safety, and general welfare.
Among other purposes, such provisions are intended to provide for the
orderly development of the Township; to limit and discourage the improper use
of lands, buildings, and other structures; to provide and maintain safe and
adequate water supply, sewage disposal, and storm water run-off; to conserve
property values, preserve the quality of life, and conserve natural resources;
to provide for adequate light, air and convenience of access; to secure safety
from fire and other dangers; and to avoid undue concentration of population by
regulating and limiting the height and bulk of buildings wherever erected,
limiting and determining the size of yards, courts and other open spaces,
regulating the density of population, and regulating and restricting the
location of uses, trades, industries, and buildings in relation to traffic and
parking needs.
SECTION 1.03 SCOPE.
It is not intended by this Ordinance to repeal, abrogate, annul, or in
any way impair or interfere with existing provisions of other laws or
ordinances, except those specifically repealed by this Ordinance, nor any
private restrictions placed upon property by covenant, deed, or other private
agreement. Where this Ordinance imposes
a greater restriction upon the use of buildings or premises than are imposed or
required by such existing provisions of law or ordinance or by such rules,
regulations, or permits or by such private restrictions, the provisions of this
Ordinance shall control.
SECTION 1.04 LEGAL BASIS.
This Ordinance is enacted pursuant to the Rural Township Zoning Act,
being Michigan Public Act 184 of 1943, as amended.
ARTICLE II
DEFINITIONS
SECTION 2.01 RULES APPLYING TO TEXT. The following listed rules of construction
apply to the text of this Ordinance:
(a) The particular shall control the
general.
(b) With the exception of this Article, the
headings which title an Article, section or subsection are for convenience only
and are not to be considered in any construction or interpretation of this
Ordinance or as enlarging or restricting the terms and provisions of this
Ordinance in any respect.
(c) The word "shall" is always
mandatory and not discretionary. The
word "may" is permissive.
(d) Unless the context clearly indicates to
the contrary, (1) words used in the present tense shall include the future
tense; (2) words used in the singular number shall include the plural number;
and (3) words used in the plural number shall include the singular number.
(e) A "building" or
"structure" includes any part thereof.
(f) The word "person" includes a
firm, association, partnership, joint venture, corporation, trust or
equivalent entity or a combination of any of them, as well as a natural person.
(g) The words "used" or
"occupied", as applied to any land or building, shall be construed to
include the words "intended", "arranged", "designed to
be used", "occupied", and the like.
(h) The phrase "used for" includes
"arranged for", "designed for", "intended for",
"maintained for", "occupied for", and the like.
(i) Any word or term not defined herein
shall be considered to be defined in accordance with its common or standard
definition.
SECTION 2.02 DEFINITIONS.
The following listed terms and words are defined for the purpose of
their use in this Ordinance; these definitions shall apply in the
interpretation and enforcement of this Ordinance unless otherwise specifically
stated.
ACCESSORY 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
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.
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
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,
(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
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
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)
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
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.
(a) Area,
(b) Corner
(c) Depth,
(d) Double Frontage
(e) Width,
(f) Waterfront
(a) Front:
The boundary line of a lot immediately adjacent to the street
right-of-way upon which the lot fronts.
In the case of a corner lot, the line with the narrowest line would be
considered the front lot line. In the
case of a double frontage lot, each line fronting on a street shall be a front
lot line. In the case of a waterfront
lot, the line which fronts on a navigable waterway shall be a front line.
(b) Rear:
The boundary line which is most distant from, and generally opposite to,
the narrow front lot line.
(c) Side:
Any boundary line which is neither a front nor a rear property line.
MAINTENANCE GUARANTEE. Means any security, other than cash, which
may be accepted by the Township for the maintenance of any improvement required
by this Ordinance.
MOBILE HOME
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
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
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
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
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
PUBLIC PLACE means any
real property, or appurtenance to real property which is owned by the State of
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
SEXUALLY ORIENTED BUSINESS means a business or
commercial enterprise that conducts or engages in any of the activities
hereinafter defined. (Amended April 9,
1998)
(a) ADULT ARCADE means any place to which the
public is permitted or invited wherein coin-operated, slug-operated,
electronically controlled or mechanically controlled still picture or motion
picture machines, projectors, or image-producing or image projecting devices
are maintained to show images to five or fewer persons per machine or device
art any time, and where the images are so projected, produced or displayed are
distinguished or characterized by the depiction or description of Specified
Sexual Activities or Specified Anatomical Areas.
(b) ADULT BOOKSTORE OR ADULT VIDEO STORE means a
commercial establishment that, as one of its business purposes or services,
offers or sale or rental for any form of consideration, any of the following:
(1) Books, magazines, periodicals or other
printed matter or photographs, films, motion pictures, video cassettes or video
reproductions, slides or other visual representations or media which depict or
describe Specified Sexual Activities or Specified Anatomical Areas; or,
(2)
Instruments, devices, or paraphernalia
that are designed for use in connection with Specified Sexual Activities.
A commercial
establishment may have other business purposes or services that do not involve
the offering for sale or rental of the material identified in paragraphs 1 or
2, above, and still be categorized as an Adult Bookstore or Adult Video
Store. The sale or rental of such
material shall be deemed to constitute a business purpose or service of an
establishment if it compromises 20% or more of the establishment’s gross
revenues, or of such materials occupy 20%
(c) ADULT CABARET means a nightclub, bar
restaurant, or similar commercial establishment that regularly features:
1. Persons who appear in a state of nudity;
2. Live performances that are characterized by
the exposure of Specified Anatomical Areas or by Specified Sexual Activities.
3. Films, motion pictures, video cassettes,
slides, other photographic reproductions or visual media that are characterized
by the depiction or description of Specified Anatomical Areas or Specified
Sexual Activities;
4. Persons who engage in lewd, lascivious or
erotic dancing or performances that are intended for the sexual interests or
titillation of an audience or customers.
(d) ADULT MOTEL means a hotel, motel or similar
commercial establishment that:
1. Offers accommodation to the public for any
form of consideration and provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides, other photographic
reproductions or visual media that are characterized by the depiction or
description of Specified Sexual Activities or Specified Anatomical Areas and
has a sign visible from the public right-of-way that advertised the
availability of any of the above;
2. Offers a sleeping room for rent for a period
of time that is less than (12) twelve hours; or
3. Allows a tenant or occupant of a sleeping
room to offer it for rent or other consideration for a period of time that is
less than (12) twelve hours.
(e) ADULT MOTION PICTURE THEATER means a
commercial establishment which, for any form of consideration, regularly and
primarily shows films, motion pictures, video cassettes, slides, other
photographic reproductions or visual media that are characterized by the
depiction of Specified Sexual Activities or Specified Anatomical Areas.