For the purpose of this chapter, the township is hereby divided into the following zoning districts, which shall be known by the following respective symbols and names:

(A)

R-1: Residential.

(B)

RR-1: Rural residential one (one acre).

(C)

RR-2: Rural residential two (two and one-half acres).

(D)

RR-3: Rural residential three (five acres).

(E)

SP: Scenic preservation.

(F)

RP: Resource production.

(G)

C-1: General retail.

(H)

C-2: Commercial/light industrial.

(I)

I: Industrial.

(J)

AOZ: Airport overlay district.

(Ord. § 301, 9-14-2009; Ord. § 301, 11-9-2015)

(A)

The boundaries of the respective districts enumerated in section 150.015 are defined and established as depicted on the map entitled "Charter Township of Breitung Official Zoning Map," which is an integral part of this chapter. These maps, along with all notations and explanatory matter thereon, shall become as much a part of this chapter as if fully described herein. Unless shown otherwise, the boundaries of the districts are lot lines, section lines, the center-line of streets, alleys, roads or such lines extended, and the unincorporated limits of the township.

(B)

The Charter Township of Breitung Official Zoning Map shall be identified by the signature of the township board supervisor and attested by the township clerk. If, in accordance with the provisions of this chapter, changes are made in district boundaries, such changes shall be incorporated on the Charter Township of Breitung Official Zoning Map and approved by the township board together with an entry on the Charter Township of Breitung Official Zoning Maps showing the date and official action taken.

(C)

One copy of the Charter Township of Breitung Official Zoning Map is to be maintained and kept up-to-date by the township clerk, accessible to the public and shall be the final authority as to the current zoning status of properties in the township.

(Ord. § 302, 9-14-2009; Ord. § 302, 11-9-2015)

In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes made thereto, the township board may adopt new official zoning maps, which shall supersede the prior official zoning map. The official zoning map shall bear the same signatures and certification as required in section 150.016. Unless the official zoning map have been lost, or has been totally destroyed, the prior maps or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

(Ord. § 303, 9-14-2009; Ord. § 303, 11-9-2015)

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare, and shall be uniform for each class of land or buildings and structures throughout each district. Where there are practical difficulties in the way of carrying out the strict letter of this chapter, the zoning board of appeals shall have power in passing upon appeals, in accordance with sections 150.180—150.187 and sections 150.200—150.206 herein, to vary or modify regulations and provisions of this chapter so that the intent and purposes of this chapter shall be observed, public safety secured and substantial justice done.

(Ord. § 304, 9-14-2009; Ord. § 304, 11-9-2015)

(A)

Except as may otherwise be provided in this chapter, every building and structure erected, every use of any lot, building or structure established, every structural alteration or relocation of an existing building or structure occurring, and every enlargement of or addition to an existing use, building or structure occurring after the effective date of this chapter shall be subject to all regulations of this chapter which are applicable in the zoning district in which such use, building, or structure shall be located.

(B)

Uses are permitted by right only if specifically listed as uses permitted by right in the various zoning districts. Where not specifically permitted, either by right or conditionally, uses are thereby prohibited unless construed to be similar to an expressly permitted use. The zoning administrator shall determine if a use is similar to an expressly permitted use, and may consultant the North American Industrial Classification System (NAICS) as amended, in making this determination. Any appeals to the zoning administrator's interpretation shall be to the zoning board of appeals pursuant to the provisions of sections 150.200 et seq., of this chapter.

(C)

Accessory uses are permitted as indicated for the various zoning districts if such uses are clearly incidental to the permitted principal uses.

(D)

The uses permitted subject to special conditions are recognized as possessing characteristics of such unique and special nature (relative to location, design, size, and the like) as necessitating individual standards and conditions in order to safeguard the general health, safety and welfare of the community.

(Ord. § 305, 9-14-2009; Ord. § 305, 11-9-2015)

Wherever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than those imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern. No vested right shall arise to the property owner for any parcel or use created in violation of any preceding township zoning ordinance.

(Ord. § 306, 9-14-2009; Ord. § 306, 11-9-2015)

The location and placement of pipes, wires, poles and generating equipment of public utilities, which provide service to individual dwellings or business locations are exempt from regulation under this chapter.

(Ord. § 307, 9-14-2009; Ord. § 307, 11-9-2015)

(A)

Intent. The R-1, Residential one district is intended for the establishment and preservation of quiet single-family home neighborhoods free from other uses, except those which are both compatible with and convenient to the residents of this district. The R-1 district is designed to accommodate residential opportunities where spacious lots are reasonable to insure a safe, potable water supply and treatment of wastewater on the same lot.

(B)

Principal permitted uses.

(1)

Single-family dwellings.

(2)

State licensed residential care facilities for six or fewer persons (see definition).

(3)

Foster family homes (one to four children) and foster group homes (five to six children) (see definitions).

(4)

Family day care homes (one to six children) (see definition).

(5)

Open space preservation (option—see section 150.060).

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with single-family dwellings, such as private garage, shed for yard tools, playhouse, woodshed, sauna and the like, except in the front yard.

(2)

Pens for household pets.

(3)

Swimming pools and accessory bath/changing house.

(D)

Conditional uses permitted. The following uses of land and structures may be permitted in this District by application for and the issuance of a conditional use permit as provided for in sections 150.125—150.140.16. The following will also need to meet site plan requirements in sections 150.105—150.113:

(1)

Two-family dwellings.

(2)

Multiple family dwellings.

(3)

Home occupations, subject to the conditions of section 150.049.

(4)

Cemeteries, subject to the conditions of section 150.130.

(5)

Religious organizations, including churches subject to the conditions of section 150.131.

(6)

Schools.

(7)

Private and public parks and similar recreational facilities.

(8)

Child care centers subject to the conditions of section 150.140.2 (see definition).

(9)

Community centers, libraries and public buildings.

(10)

Utility and public service facilities, subject to the conditions of section 150.140.8.

(11)

Bed and breakfast establishments, subject to the conditions of section 150.140.9.

(12)

Group (child) day care home (seven to 12 children), subject to the conditions of section 150.140.10 (see definition).

(E)

Special district regulations.

(1)

The following regulations shall be applied to all dwellings located in the R-1 district. A building containing not more than one dwelling unit designed for residential use, complying with the following standards:

(2)

Dwellings shall:

(a)

Have a minimum width across any front, side or rear elevation of 20 continuous feet of exterior wall and complies in all respects with the county building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the county building code, then and in that event such federal or state standard or regulation shall apply.

(b)

Be firmly attached to a permanent foundation constructed on the site in accordance with the county building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings.

(c)

Contain a storage capability area in a basement located under the dwelling, in an attic area, crawl space, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(d)

The dwelling contains no additions or rooms or other areas, which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(e)

The dwelling complies with all pertinent building and fire codes. The dwelling shall meet or exceed all applicable roof snow load and strength requirements.

(Ord. § 308, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 308, 11-9-2015)

(A)

Intent. The RR-1, Rural residential one district is established to protect and generally preserve the existing character and use of those areas of the township, developing into a residential environment in accessible rural areas at moderate densities.

(B)

Principal permitted uses.

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

State licensed residential care facilities for six or fewer persons (see definition).

(4)

Foster family homes (one to four children) and foster group homes (five to six children) (see definitions).

(5)

Family day care homes (one to six children) (see definition).

(6)

Cemeteries.

(7)

Public and private recreational facilities, including parks, playgrounds, day camps, campgrounds, parkways, and similar recreational facilities.

(8)

The growing and harvesting of timber.

(9)

Open space preservation (option—see section 150.060).

(10)

Hobby farms subject to the requirements of section 150.065.

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings, such as a private garage, shed for yard tools, playhouse, woodshed, boathouse, sauna and the like.

(2)

Pens for household pets.

(3)

Swimming pool and accessory bath/changing house.

(D)

Conditional uses permitted. The following uses of lands and structures may be permitted in this district by application for and issuance of a conditional use permit as required for in sections 150.125—150.140.16. The following will also need to meet site plan requirements in sections 150.105—150.113:

(1)

Religious organizations, including churches subject to the conditions of section 150.131.

(2)

Schools.

(3)

Veterinarian offices and animal clinics, subject to the conditions of section 150.140.

(4)

Home occupation subject to the conditions of section 150.049.

(5)

Multiple family dwellings.

(6)

Resorts.

(7)

Provision of essential services.

(8)

Child care centers, subject to the conditions of section 150.140.2 (see definition).

(9)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(10)

Greenhouse, commercial.

(11)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(12)

Utility and public service facilities, subject to the conditions of section 150.140.8.

(13)

Bed and breakfast establishments, subject to the conditions of section 150.140.9.

(14)

Group (child) day care home (seven to 12 children), subject to the conditions of section 150.140.10 (see definition).

(E)

Special district regulations.

(1)

The following regulations shall be applied to all dwellings located in the RR-1 district. A building containing not more than one dwelling unit designed for residential use, complying with the following standards:

(2)

Dwellings shall:

(a)

Have a minimum width across any front, side or rear elevation of 20 continuous feet of exterior wall and complies in all respects with the county building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the county building code, then and in that event such federal or state standard or regulation shall apply.

(b)

Be firmly attached to a permanent foundation constructed on the site in accordance with the county building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings.

(c)

Contain a storage capability area in a basement located under the dwelling, in an attic area, crawl space, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(d)

The dwelling contains no additions or rooms or other areas, which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(e)

The dwelling complies with all pertinent building and fire codes. The dwelling shall meet or exceed all applicable roof snow load and strength requirements.

(Ord. of 8-9-1999; Ord. of 5-28-2002; Ord. § 309, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 309, 11-9-2015)

(A)

Intent. The RR-2, Rural residential two district is established to protect and generally preserve the existing character and use of those areas of the township, developing into a residential environment in accessible rural areas at moderate densities, but lower densities than RR-1.

(B)

Principal permitted uses.

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

State licensed residential care facilities for six or fewer persons (see definition).

(4)

Foster family homes (one to four children) and foster group homes (five to six children) (see definitions).

(5)

Family day care homes (one to six children) (see definition).

(6)

Cemeteries.

(7)

Public and private recreational facilities, including parks, playgrounds, day camps, campgrounds, parkways, and similar recreational facilities.

(8)

The growing and harvesting of timber.

(9)

Open space preservation (option—see section 150.060).

(10)

Hobby farms subject to the requirements of section 150.065.

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings, such as a private garage, shed for yard tools, playhouse, woodshed, boathouse, sauna and the like, except in the front yard.

(2)

Pens for household pets.

(3)

Swimming pool and accessory bath/changing house.

(D)

Conditional uses permitted. The following uses of lands and structures may be permitted in this district by application for and issuance of a conditional use permit as required for in sections 150.125—150.140.16. The following will also need to meet site plan requirements in sections 150.105—150.113.

(1)

Religious organizations, including churches subject to the conditions of section 150.131.

(2)

Schools.

(3)

Veterinarian offices and animal clinics, subject to the conditions of section 150.140.

(4)

Home occupation subject to the conditions of section 150.049.

(5)

Multiple family dwellings.

(6)

Resorts.

(7)

Accessory structures located in the front yard.

(8)

Provision of essential services.

(9)

Child care centers, subject to the conditions of section 150.063 (see definition).

(10)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(11)

Greenhouse, commercial.

(12)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(13)

Utility and public service facilities, subject to the conditions of section 150.140.8.

(14)

Bed and breakfast establishments, subject to the conditions of section 150.140.9.

(15)

Group (child) day care home (seven to 12 children), subject to the conditions of section 150.140.10 (see definition).

(E)

Special district regulations.

(1)

The following regulations shall be applied to all dwellings located in the RR-2 district. A building containing not more than one dwelling unit designed for residential use, complying with the following standards.

(2)

Dwellings shall:

(a)

Have a minimum width across any front, side or rear elevation of 20 continuous feet of exterior wall and complies in all respects with the county building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the county building code, then and in that event such federal or state standard or regulation shall apply.

(b)

Be firmly attached to a permanent foundation constructed on the site in accordance with the county building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings.

(c)

Contain a storage capability area in a basement located under the dwelling, in an attic area, crawl space, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(d)

The dwelling contains no additions or rooms or other areas, which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(e)

The dwelling complies with all pertinent building and fire codes. The dwelling shall meet or exceed all applicable roof snow load and strength requirements.

(Ord. of 8-9-1999; Ord of 5-28-2002; Ord. § 310, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 310, 11-9-2015)

(A)

Intent. The RR-3, Rural residential three district is established to protect and generally preserve the existing character and use of areas of the township, which are presently rural or agriculture. Soil and natural conditions vary throughout this district, including woodlots and farms. These areas are considered to be suitable for scattered, rural residential development, and the perpetuation of existing farms and other low intensity land uses on parcels of at least five acres.

(B)

Principal permitted uses.

(1)

Single-family dwellings and manufactured housing units.

(2)

Two-family dwellings.

(3)

State licensed residential care facilities for six or fewer persons (see definition).

(4)

Foster family homes (one to four children) and foster group homes (five to six children) (see definitions).

(5)

Family day care homes (one to six children) (see definition).

(6)

Cemeteries.

(7)

Public and private recreational facilities, playgrounds, day camps, campgrounds, parkways, wildlife preserves, and similar recreational facilities.

(8)

The growing and harvesting of timber.

(9)

Agricultural production.

(10)

Hobby farms subject to the requirements of section 150.065.

(11)

Open space preservation (option—see section 150.060).

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings, such as a private garage, shed for yard tools, playhouse, woodshed, boathouse, sauna and the like, except in the front yard.

(2)

Pens for household pets.

(3)

Swimming pool and accessory bath/changing house.

(4)

Accessory uses of structures clearly incidental to the operation of an existing farm, including barns, silos, sheds, equipment, storage and similar structures customarily incidental to the permitted principal use and structures.

(D)

Conditional uses permitted. The following uses of lands and structures may be permitted in this District by application for and issuance of a conditional use permit as required for in sections 150.125—150.140.16. The following will also need to meet site plan requirements in sections 150.105—150.113.

(1)

Religious organizations, including churches subject to the conditions of section 150.131.

(2)

Schools.

(3)

Veterinarian offices and animal clinics, subject to the conditions of section 150.140.

(4)

Commercially used recreational space for adult or children's facilities, including fitness and recreational sports centers (e.g. gymnasiums, handball, racquetball, and tennis courts, ice and roller skating rinks, swimming and wave pools), bowling centers, archery and indoor shooting ranges, billiard or pool parlors, amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, go-cart facilities, and similar facilities, subject to section 150.132.

(5)

Roadside stand for the sale of farm produce, specialty crops, such as tree fruits, nuts, berries, and the like, or foodstuffs made from such products, providing it is raised on the property.

(6)

Storage yards, transformer stations, substations, microwave relay towers, commercial freestanding towers, and similar facilities associated with public service uses and facilities.

(7)

Auction sale barns.

(8)

Facilities for bulk feed, seed or fertilizer sales, storage or mixing.

(9)

Farm equipment sales, services or repair.

(10)

Home occupation subject to the conditions of section 150.049.

(11)

Provision of essential services.

(12)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(13)

Greenhouse, commercial.

(14)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(15)

Utility and public service facilities, subject to the conditions of section 150.140.8.

(16)

Bed and breakfast establishments, subject to the conditions of section 150.140.9.

(17)

Group (child) day care home (seven to 12 children), subject to the conditions of section 150.140.10 (see definition).

(18)

Private use landing field, subject to the conditions of section 150.140.11.

(Ord. of 5-28-2002; Ord. § 311, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 311, 11-9-2015)

(A)

Intent. The SP, Scenic preservation district is established to preserve and maintain the natural characteristics within the Fumee Lake watershed boundaries. Because this undeveloped and unique area contains a number of threatened or endangered plant and animal species, the area needs to be preserved to the greatest extent possible and only developed for extremely low density and passive type uses. Special consideration needs to be given to maintain a natural buffer or strip of land along the edges of both Fumee Lake and Little Fumee Lake to protect this valuable and fragile resource.

(B)

Principal permitted uses.

(1)

Public recreational facilities, including parks, day camps, campgrounds, parkways, wildlife preserves, trails, swimming beach, and similar non-intensive recreational facilities.

(2)

Single-family dwellings.

(3)

State licensed residential care facilities for six or fewer persons (see definition).

(4)

Foster family homes (one to four children) and foster group homes (five to six children) (see definitions).

(5)

Family day care homes (one to six children) (see definition).

(6)

Open space preservation (option—see section 150.060).

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings such as private garage, shed for yard tools, playhouse, woodshed, and sauna except in the front yard.

(2)

Pens for household pets.

(D)

Conditional uses permitted.

(1)

Home occupation subject to the conditions of section 150.049.

(2)

Utility and public service facilities, subject to the conditions of section 150.140.8.

(3)

Bed and breakfast establishments, subject to the conditions of section 150.140.9.

(4)

Group (child) day care home (seven to 12 children), subject to the conditions of section 150.140.10 (see definition).

(E)

Special district regulations.

(1)

The following regulations shall be applied to all dwellings located in the SP district. A building containing not more than one dwelling unit designed for residential use, complying with the following standards.

(2)

Dwellings shall:

(a)

Have a minimum width across any front, side or rear elevation of 20 continuous feet of exterior wall and complies in all respects with the county building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the county building code, then and in that event such federal or state standard or regulation shall apply.

(b)

Be firmly attached to a permanent foundation constructed on the site in accordance with the county building code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings.

(c)

Contain a storage capability area in a basement located under the dwelling, in an attic area, crawl space, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(d)

The dwelling contains no additions or rooms or other areas, which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(e)

The dwelling complies with all pertinent building and fire codes. The dwelling shall meet or exceed all applicable roof snow load and strength requirements.

(Ord. § 312, 9-14-2009; Ord. § 312, 11-9-2015)

(A)

Intent. The RP, Resource production district is established to maintain low density rural areas which because of their rural character and location, accessibility, natural characteristics and the potentially high cost of providing public services for intensive uses are suitable for a wide range of forestry, agricultural, natural resources and recreational uses.

(B)

Principal permitted uses.

(1)

The growing and harvesting of timber.

(2)

Campgrounds, day camps.

(3)

Parks, winter sports facilities, and trails.

(4)

Recreational structures.

(5)

Single-family dwellings.

(6)

State licensed residential care facilities for six or fewer persons (see definition).

(7)

Foster family homes (one to four children) and foster group homes (five to six children) (see definitions).

(8)

Family day care homes (one to six children) (see definition).

(9)

Manufactured housing communities on a minimum of 15 acres, subject to the requirements as established and regulated by Act 419 of the Public Acts of 1976, as amended.

(10)

Agricultural production.

(11)

Hobby farms subject to the requirements of section 150.065.

(12)

Open space preservation (option—see section 150.060).

(13)

Provision of essential services.

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings such as a private garage, shed for yard tools, playhouse, boathouse, woodshed, sauna and the like.

(2)

Pens for household pets.

(3)

Accessory uses or structures clearly incidental to the operation of a farm including barns, silos, sheds, equipment storage and similar structures customarily incidental to the permitted principal use and structures.

(4)

Swimming pools and accessory bath/changing house.

(D)

Conditional uses permitted. The following uses of land and structures may be permitted in this district, by application for and issuance of a conditional use permit as provided for in sections 150.125—150.140.16. The following will also need to meet the site plan requirements in sections 150.105—150.113.

(1)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(2)

Commercially used recreational space for adult or children's facilities, including fitness and recreational sports centers (e.g. gymnasiums, handball, racquetball, and tennis courts, ice and roller skating rinks, swimming and wave pools), bowling centers, archery and indoor shooting ranges, billiard or pool parlors, amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, go-cart facilities, and similar facilities, subject to section 150.132.

(3)

Large scale recreation uses, including golf driving ranges, gun clubs, outdoor shooting ranges, camper and/or tent parks, hay rides, picnic grounds, swimming facilities, kiddie-type rides, tracks and other constructed courses for off-road vehicles whether for personal use or public use, (but not including circuses, motorcycle and auto racetracks, and horse or dog tracks), subject to section 150.140.1.

(4)

Public or private sanitary landfills and holding areas for inert materials, subject to the conditions of section 150.134.

(5)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(6)

Golf courses, subject to the conditions of section 150.139.

(7)

Kennels, subject to the conditions of section 150.140.

(8)

Bed and breakfast establishments, subject to the conditions of section 150.140.9.

(9)

Group (child) day care home (seven to 12 children), subject to the conditions of section 150.140.10 (see definition).

(10)

Private airport and private use landing fields, subject to the conditions of section 150.140.11.

(11)

Utility grid wind energy system (wind farm), subject to the conditions of section 150.140.15.

(12)

Mineral extraction, subject to the conditions of section 150.140.16.

(13)

Auction sale barns.

(14)

Feedlots.

(15)

Storage yards, transformer stations, substations, microwave relay towers, hydroelectric facilities and similar facilities associated with public service uses or facilities.

(16)

Sawmills.

(17)

Resorts, lodges and associated facilities.

(18)

Home occupation, subject to the conditions of section 150.049.

(Ord. of 5-28-2002; Ord. § 313, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 313, 11-9-2015)

(A)

Intent.

(1)

The C-1, General retail district, is established to preserve a district for general retail and service establishments with a range of retail, business and professional offices. The intent is to encourage the concentration of such businesses to areas, thereby promoting the best use of the land at certain strategic locations.

(2)

Where it is determined by the planning commission that the effects of a listed use may tend to extend beyond the site, then conditional land use approval shall be required.

(B)

Principal permitted uses. General retail as itemized below and service establishments.

(1)

Grocery stores, baked goods or other foods.

(2)

Specialty food stores, meat markets, fish and seafood markets, dairy product store, candy, nut, and confectionery stores.

(3)

Coffee shops, doughnut shops, and ice cream parlors.

(4)

Pharmacies and drug stores.

(5)

Hardware stores.

(6)

General merchandise, variety, dry goods, and dollar stores.

(7)

Sporting goods stores.

(8)

Convenience and party stores.

(9)

Beer, wine, and liquor stores.

(10)

Post office which among other things provides for direct customer services, not including rural route distribution centers or regional collection, sorting, and distribution. Also includes similar governmental office buildings or package delivery service retail stores (couriers: UPS, FedEx, and the like) that serve persons living in the adjacent residential area.

(11)

Beauty and barbershops.

(12)

Health spas, fitness and exercise centers without overnight accommodations, but not including those defined as a sexually oriented business (see sections 150.004 and 150.137).

(13)

Pub, tavern, or bar, but not including those defined as a sexually oriented business (see sections 150.004 and 150.137).

(14)

Full service restaurants.

(15)

Farmer's market, fruit and vegetable markets.

(16)

Florists and flower shops.

(17)

Greenhouse, nursery and garden centers.

(18)

Tailor shops.

(19)

Dry cleaners.

(20)

Laundromats and other self-service laundries.

(21)

Photographers and photographic studios, but not including those defined as a sexually oriented business (see sections 150.004 and 150.137).

(22)

Personal service establishments.

(23)

Banks and financial institutions.

(24)

Medical and dental offices.

(25)

Motels and hotels.

(26)

Governmental offices.

(27)

Professional offices such as, but not limited to lawyers, accountants, architects, engineers, surveyors, interior design service.

(28)

Single-family dwelling above or contained within one of the permitted uses.

(29)

Manufactured housing communities on a minimum of 15 acres, subject to the requirements as established and regulated by Act 419 of the Public Acts of 1976, as amended.

(30)

Mini-storage facilities.

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Off-street parking, as required and subject to the regulations established in section 150.053.

(2)

Any structural or mechanical use customarily incidental to the permitted principal use.

(3)

Signs in accordance with sections 150.080—150.092.

(D)

Conditional uses permitted. The following uses of land and structures may be permitted in this district, by application for and issuance of a conditional use permit as provided for in sections 150.125—150.140.16. The following will also need to meet site plan requirements in sections 150.105—150.113.

(1)

Religious organizations, including churches subject to the conditions of section 150.131.

(2)

Schools.

(3)

Private clubs and lodge halls.

(4)

Gas stations.

(5)

Indoor theaters and assembly halls, but not including those defined as a sexually oriented business (see sections 150.004 and 150.137).

(6)

Dwelling, multiple family, by either ownership or lease.

(7)

Provision of essential services.

(8)

Commercially used recreational space for adult or children's facilities, including fitness and recreational sports centers (e.g. gymnasiums, handball, racquetball, and tennis courts, ice and roller skating rinks, swimming and wave pools), bowling centers, archery and indoor shooting ranges, billiard or pool parlors, amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, go-cart facilities, and similar facilities, subject to section 150.132.

(9)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(10)

Mini-mall.

(11)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(12)

General hospitals, subject to the conditions of section 150.138.

(13)

Nursing homes, convalescent or rest homes, homes for the aged, indigent or handicapped and orphanages, subject to the conditions of section 150.140.3.

(14)

Public and private colleges and universities, subject to the conditions of section 150.140.5.

(15)

Motor vehicles sales, subject to the conditions of section 150.140.7.

(16)

Outdoor business sales and storage, including manufactured home sales, recreational vehicles, travel trailers and boats including both rental and sales, subject to the conditions of section 150.140.7.

(17)

Drive-in, drive-through, fast food and carry-out restaurants, subject to the conditions of section 150.140.12.

(18)

Motor vehicle repair and service facilities, subject to the conditions of section 150.140.13.

(19)

Motor vehicle washing, conveyor or non-conveyor types, subject to the conditions of section 150.140.14.

(Ord. of 9-28-1998; Ord. of 8-9-1999; Ord. of 5-28-2002; Ord. § 314, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 314, 11-9-2015)

(A)

Intent.

(1)

The C-2, Commercial/light industrial district is established to preserve a district for light industrial uses, along with compatible commercial uses.

(2)

Where it is determined by the planning commission that the effects of a listed use may tend to extend beyond the site, then conditional land use approval shall be required.

(B)

Principal permitted uses.

(1)

Motor vehicle sales, service, and leasing and rental.

(2)

Sales of boats, campers, and recreational vehicles.

(3)

Construction, mining, forestry and farm machinery and equipment sales, service and leasing.

(4)

Sales of manufactured housing units.

(5)

Monument sales.

(6)

Wholesale and storage uses.

(7)

Motels and hotels.

(8)

Restaurants, full service, restaurants, limited service (e.g. fast-food).

(9)

Convenience and party stores.

(10)

Food packaging and bottling works.

(11)

Commercial printing and newspaper offices.

(12)

Laundry, cleaning and drying plants.

(13)

Lumber yards.

(14)

Gas stations.

(15)

Truck stop.

(16)

Commercially used recreational space for adult or children's facilities, including fitness and recreational sports centers (e.g. gymnasiums, handball, racquetball, and tennis courts, ice and roller skating rinks, swimming and wave pools), bowling centers, archery and indoor shooting ranges, billiard or pool parlors, amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, go-cart facilities, and similar facilities.

(17)

Large scale recreation uses, including driving ranges, commercial stables with or without an arena, gun clubs, outdoor shooting ranges, camper and/or tent parks, hay rides, picnic grounds, swimming facilities, kiddie-type rides, tracks and other constructed courses for off-road vehicles whether for personal use or public use, (but not including circuses, motorcycle and auto racetracks, and horse or dog tracks).

(18)

Farmer's market, fruit and vegetable markets.

(19)

Florists and flower shops.

(20)

Greenhouse, nursery and garden centers.

(21)

Single-family dwelling above or contained within one of the permitted uses.

(22)

Manufactured housing communities on a minimum of 15 acres, subject to the requirements as established and regulated by Act 419 of the Public Acts of 1976, as amended.

(23)

Mini-storage facilities.

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Off-street parking as required and subject to the regulations established in section 150.053.

(2)

Any structural or mechanical use customarily incidental to the permitted principal use.

(3)

Signs in accordance with sections 150.080—150.092.

(D)

Conditional uses permitted by conditional use permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit, as provided for in sections 150.125—150.140.16. The following will also need to meet site plan requirements in sections 150.105—150.113.

(1)

Other industrial or commercial uses, which do not emit fumes, vibration, smoke or noise, except as the result of ingress and egress of vehicles from the property.

(2)

Provision of essential services.

(3)

Caretaker residence.

(4)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(5)

Contractor's yard.

(6)

Dwelling, multiple family.

(7)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(8)

General hospitals, subject to the conditions of section 150.138.

(9)

Veterinarian offices and animal clinics, subject to the conditions of section 150.140.

(10)

Public and private colleges and universities, subject to the conditions of section 150.140.5.

(11)

Drive-in, drive-through, fast food and carry-out restaurants, subject to the conditions of section 150.140.12.

(12)

Motor vehicle repair and service facilities, subject to the conditions of section 150.140.13.

(13)

Motor vehicle washing, conveyor or non-conveyor types, subject to the conditions of section 150.140.14.

(Ord. of 7-28-1997; Ord. of 5-28-2002; Ord. § 315, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 315, 11-9-2015)

(A)

Intent.

(1)

The I, Industrial district is designed and intended for manufacturing, assembling, fabricating, processing, storage and similar operations which may require larger sites and isolation from other types of land uses, and to make provisions for commercial uses necessary to service the immediate needs of an industrial area.

(2)

Where it is determined by the planning commission that the effects of a listed use may tend to extend beyond the site, then conditional land use approval shall be required.

(B)

Principal permitted uses.

(1)

Light industrial manufacturing.

(2)

Processing, assembling and fabrication operations.

(3)

Warehousing.

(4)

Lumber yards.

(5)

Contractor yards and shops.

(6)

Auto body and paint shops.

(7)

Sawmills.

(8)

Concrete and asphalt plants.

(9)

Pulp and paper mills.

(10)

Research laboratories.

(11)

Transfer stations.

(12)

Water and wastewater treatment plants.

(13)

Heating and electrical power generating plants.

(14)

Public and private recreational facilities, including parks, walkways, trails, wild animals parks, nature parks, amusement and theme parks, fitness and recreational sports centers (e.g. gymnasiums, handball, racquetball, and tennis courts, ice and roller skating rinks, swimming and wave pools), bowling centers, archery or indoor shooting ranges, billiard or pool parlors, miniature golf courses, go-cart facilities, and administration of conservation programs.

(15)

Truck stop.

(16)

Bulk storage; petroleum and farm products.

(17)

Private use landing fields, provided the requirements of section 150.140.11.

(C)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Off-street parking as required and subject to the regulations established in section 150.053.

(2)

Any structural or mechanical use customarily incidental to the permitted principal use.

(3)

Signs in accordance with sections 150.080—150.092.

(D)

Conditional uses permitted by conditional use permit. The following uses of land and structures may be permitted in this district by application for and issuance of a conditional use permit as required in sections 150.125—150.140.16. The following will also need to meet the site plan requirements of sections 150.105—150.113.

(1)

Other industrial or heavy commercial uses not specifically indicated as a principal permitted use.

(2)

Junkyards, recyclable material processors and wholesalers.

(3)

Provision of essential services.

(4)

Wireless communication facility and structures, subject to the conditions of section 150.133.

(5)

Public or private sanitary landfills and holding areas for inert materials, subject to the conditions of section 150.134.

(6)

Outdoor wood burning boilers and appliances, subject to conditions of section 150.135.

(7)

Sexually oriented business, subject to the conditions of section 150.137.

(8)

Veterinarian offices and animal clinics, subject to the conditions of section 150.140.

(9)

Large scale recreation uses, including golf driving ranges, commercial stables with or without an arena, gun clubs, outdoor shooting ranges, camper and/or tent parks, hay rides, picnic grounds, swimming facilities, kiddie-type rides, tracks and other constructed courses for off-road vehicles whether for personal use or public use, (but not including circuses, motorcycle and auto racetracks, and horse or dog tracks), subject to section 150.140.1.

(10)

Outdoor theaters, subject to the conditions of section 150.140.4.

(11)

Public and private colleges and universities, subject to section 150.140.5.

(12)

Race tracks including, midget auto, motorcycle, karting, snowmobile, and other motor vehicle tracks, and similar facilities, subject to the conditions of section 150.140.6.

(13)

Utility grid wind energy system (wind farm), subject to the conditions of section 150.15.

(E)

(1)

Additional conditional use permit required area:

(2)

In areas where the industrial zone borders R-1, RR-1, RR-2 and RR-3 there will be a 200-foot deep buffer. Any use of this buffer zone shall require a conditional use permit.

(Ord. of 5-28-2002; Ord. § 316, 9-14-2009; Ord. No. 1-2012, 12-26-2012; Ord. § 316, 11-9-2015)

(A)

Purpose. It is the intent and purpose of this section to provide the necessary safety and protection to the users of the Ford Airport and to the people who live, work and use property in its vicinity.

(B)

Hazard area. This section establishes regulations for all land uses located within 20,000 feet from any point along the edge of the planned runways for the Ford Airport. In effect, this section establishes a large bowl of air around and above the airport for a distance of 20,000 feet from all points along the edges of the planned runways and from the bottom imaginary plane of which the heights of all trees and structures shall be at least 25 feet distant below the said plane.

(C)

Hazards. Structures and trees which project above the height limitations are considered hazards to flying and endanger lives and property. The prescribed height limits are not arbitrarily set, but are based on past experience and studies made by the Michigan Aeronautics Commission and by the Federal Aviation Administration. Height limits are based upon the established elevation of the airport or upon the elevation of the end of the nearest runway.

(D)

Existing nonconforming trees and structures. This section does not affect existing structures, the height of which exceeded the limits imposed by this section as of the effective date hereof. New construction, and construction increasing the height of existing structures, within the prescribed distances of the airport, must conform to the provisions on height limitations specified in subsection (J). This section also restricts such use of land within the vicinity of the airport as will unreasonably interfere with radio communications systems and other navigational aids or devices used by the airport and aircraft, or would reduce visibility or would create confusing lights.

(E)

Provisions for variances. This section contains provisions for the granting of variances of the height limits by the zoning board of appeals in event of practical difficulty or unnecessary hardship, if the requested variance would not be contrary to the public interest and safety. It is the intent of the township board and the zoning board of appeals, with the cooperation of the public, to have this subchapter administered in a reasonable and just manner in keeping with the responsibilities involved.

(F)

Definition of terms.

Airport. The Ford Airport and all appurtenances used or acquired for airport buildings or other airport facilities, and all other appurtenant rights-of-way or other interests either heretofore or hereafter established.

Airport hazard. Any structure or tree which within the airport hazard area which exceeds the height limitations established by this section, or any use of land or of appurtenances thereto within the airport hazard area which interferes with the safe use of the airport by aircraft.

Airport hazard area. Any area of land or water, or both, lying within the radius prescribed in subsection (J) and on the map entitled Airport Hazard Area.

Above mean sea level. When used in this section or on the accompanying Ford Airport maps, denotes elevations above sea level as based upon and determined by reference to United States Coast and Geodetic Survey datum.

Nonconforming use. Any structure, tree or use of land which does not conform to regulations prescribed in this section or any amendment thereto as of the effective date of such regulations.

Person. Any individual, firm partnership, corporation, company, association, joint stock association, municipal corporation or other body politic, and including any trustee, receiver, assignee or other similar representative thereof.

Structure. Any object constructed or installed by man, including but without limitation, buildings, towers, smokestacks, overhead transmission lines, radio and television aerials and antennae, but not including highways and their appurtenances.

Tree. Any object of natural growth.

Zoning administrator. The township official who is designated by the township board and charged with the administration and enforcement of the provisions of this chapter.

(G)

Airport overlay zoning district regulations.

(1)

Airport hazard area. There is hereby established an airport hazard area, which area or zone consists of all the lands within the township lying beneath the airplane takeoff and approach, transitional, conical and horizontal surfaces of the airport, said land being located within a circle having a radius extending horizontally from the edges of all runways as prescribed in subsection (J) and on the map entitled Airport Hazard Area.

(2)

Legal height and land use limitations. From and after the effective date of this section, it shall be unlawful for any person to erect any structure or allow any tree to grow to a height in excess of the limitations prescribed by the terms of this section and the attached maps; or to establish any use of lands contrary to the provisions of this section.

(3)

Unlawful land uses. Notwithstanding any other provisions of this section, it shall be unlawful to put any lands within the airport hazard area to any use which would:

(a)

Create electrical interference with radio communication between the airport and aircraft or create interference with navigational aids employed by aircraft;

(b)

Make it difficult for flyers to distinguish between airport lights and other lights or result in glare in the eyes of flyers using the airport;

(c)

Create air pollution in such amounts as to impair the visibility of flyers in the use of the airport;

(d)

Would otherwise endanger the landing, taking off or maneuvering of aircraft; or

(e)

Would attract birds.

(4)

Nonconforming existing heights of land uses. The provisions of subsection (G)(2) (legal height and land use limitations) of this section shall not apply to structures, trees or other nonconforming uses as the same may exist in the airport hazard area on the effective date thereof, unless subsequent thereto the zoning administrator determines the same to be abandoned, or 80 percent torn down, destroyed, deteriorated, or decayed, in which cases the trees or structures shall not be reoccupied and used except in conformance with the section and other requirements of this chapter, and the nonconformance portions of the trees or structures shall be removed to the extent necessary to gain conformance to this section.

(5)

Alternatives to nonconforming heights and land uses. The provisions of subsection (G)(2) (legal height and land use limitations) of this section shall apply to changes or alterations in existing structures, trees or other nonconforming uses after the effective date hereof, and any increase in the height thereof, with the same force and effect as though the same were new uses.

(H)

Administration of this section.

(1)

Height limitation standards. It may be necessary for the zoning administrator to refer to the published standards for the approach, transitional, conical and horizontal surfaces as described in Approach Standards and/or Regulations of the Michigan Aeronautics Commission and/or the Federal Aviation Administration. The zoning administrator shall calculate proper height limitations by interpolating between the aerial elevations and determined from the airport hazard area map with specific reference to the exemplary cross-section for determining height limitations for trees and structures.

(2)

Administrative official. The township zoning administrator is hereby charged with the duty of administering and enforcing the provisions of this section. The duties of the zoning administrator shall include those of issuing permits as hereinafter required, but the administrator shall not have or exercise any of the powers or duties herein delegated to the zoning board of appeals. The zoning administrator may adopt such administrative procedures as may be necessary in connection with the administration and enforcement of this section, subject to the approval of the township board.

(3)

Zoning board of appeals. The zoning board of appeals, as established by this chapter shall have jurisdiction over the granting of variances under this section, except that the granting of such variances shall be conditioned by the recommendations which are submitted to the zoning board of appeals by the Michigan Aeronautics Commission and/or the Federal Aviation Administration prior to the granting of such variances. The zoning board of appeals shall adopt rules and procedures under the provisions of this subchapter so that it can be properly administered and variances granted in a uniform and equitable manner.

(4)

Certificates of variance. Applications for certificates of variance shall be submitted on such forms as shall be provided for by the rules of the zoning board of appeals, and if the application be granted, the applicant shall be provided a certificate of variance in such form as shall be prescribed by such rules. Provided that said certificate shall include the provision that it is not to be effective for a period of 30 days following the date of its issuance, and immediately upon issuance a copy thereof shall be filed with the Michigan Aeronautics Commission and a copy with the township board. In acting upon applications for variance, variances shall be allowed where a literal application of such regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest and approach protection standards, but would do substantial justice and be in accordance with the spirit of the regulations of this section; provided, however, that any such variance may be allowed subject to any reasonable condition or conditions subsequent that the zoning board of appeals may deem necessary to effectuate the purpose of this section. Provided further that nothing in this section shall be construed to permit a use which would conflict with any other zoning regulations applicable to the same area.

(5)

Application procedure. Applications for zoning permits shall be made upon forms furnished by the zoning administrator, and the administrator shall within 15 days from the filing thereof determine whether the height limitations as regulated by this section, would or would not be violated if such application be granted and shall grant or deny said application accordingly (said administrator not being vested with authority to permit a variance) and advise applicant of the action within three days after the same has been determined. The force and effect of a denial shall be to leave the applicant free to apply to the zoning board of appeals for a variance. It is intended that the maximum height limitation to be imposed by this section shall be 25 feet or below the 1':100' flight approach path as required in subsection (J), whichever is greater. Provided further that the issuance of a permit shall not be construed to permit a use that violates any other zoning ordinance requirements or other regulations applicable to the same area, lot or parcel.

(6)

Exception for emergency utility repairs. No permit under the provisions of this section shall be required for the emergency repair or replacement of nonconforming public utility structures, other than buildings, when the height of such structures will not be increased by such emergency repairs or replacement. It is intended that in the application of this provision any combination of circumstances calling for immediate action or remedy in the repair or replacement of such non-conforming public utility structures shall be deemed an emergency.

(I)

Judicial appeals; appeals to Circuit Court. Any person, including the Michigan Aeronautics Commission or the Federal Aviation Administration on behalf of and/or in the name of the state or federal government, aggrieved by an decision of the zoning administrator or zoning board of appeals, may appeal to the Circuit Court of the County of Dickinson as provided in Section 30 of Act No. 23, of the Public Acts of the State of Michigan for the year 1950 (Extra Session), the Airport Zoning Act.

(J)

Height regulations. No tree or structure shall come closer than 25 feet to an imaginary surface or plane extending outwards and upwards at the rate of one foot rise for every 100 feet of horizontal distance within 20,000 feet of the nearest point of all runways.

(K)

Federal regulations (FAR Part 77). This FAR is hereby made a part of this subchapter. This subchapter is not intended to conflict with existing state and federal approach protection regulations. The Federal Aviation Administration requires that they be given notice of any construction or alteration:

(1)

That would be more than 200 feet above ground level at its site.

(2)

That would be above an imaginary surface extending outwards and upward at 100 to one slope within 20,000 feet of the nearest point of a runway more than 3,200 feet in length.

(3)

That would be above an imaginary surface extending outward and upward at 50:1 slope within 10,000 feet of the nearest point of a runway less than 3,200 feet in length.

(Ord. § 317, 11-9-2015)