ZONING DISTRICTS' REGULATIONS
The intent, permitted uses, conditional uses, height, area, density and sign regulations of each district are set forth in this article.
(Ord. of 6-9-2010, art. IV(intro.))
Open districts are established to protect land best suited for open use from the encroachment of incompatible land uses, to preserve valuable agricultural land for agricultural uses and to retain land suited for open space and recreation use for the future.
(Ord. of 6-9-2010, § 4.1)
The intent of this district is to set aside land suitable for agricultural development and agricultural related uses.
(1)
Permitted uses.
a.
General and specialized farming and agricultural activities except feedlots; including the raising or growing and storage or preservation of crops, sod, livestock, poultry, rabbits, fur-bearing animals and other farm animals, and plants, trees, shrubs and nursery stock.
b.
Sale of agricultural products raised or grown on the farm premises including roadside stand for said sales.
c.
Single-family detached dwellings.
d.
Home occupations only in accordance with the regulations specified in section 36-249.
e.
Kennels.
f.
Conservation and/or recreation areas including forest preserves, game refuges, nature reservations, hunt clubs and similar areas of low intensity use.
g.
On-site signs, only in accordance with the regulations specified in section 36-284.
h.
Essential services and structures of a non-industrial character, but not including maintenance depots and warehouses only in accordance with the regulations specified in section 36-252.
i.
Residential secondary dwelling, only in accordance with the regulations specified in section 36-260.
j.
Accessory uses or structures.
k.
State licensed residential facilities.
l.
Family child care home.
(2)
Conditional uses.
a.
Quarries.
b.
Golf courses.
c.
Group or organized camps, camping grounds and general or specialized resorts.
d.
Airports.
e.
Group child care homes, primary or secondary non-profit schools, and colleges and universities.
f.
Convalescent homes, nursing homes, hospitals, sanitariums and orphanages.
g.
Riding academies and stables.
h.
Churches and other buildings for religious worship.
i.
Cemeteries.
j.
Golf driving ranges.
k.
Travel trailer parks.
l.
Feedlots.
m.
Animal hospitals.
n.
Sanitary landfills.
o.
Retail sale of specialty, novelty and gift items; including sale of food and beverage, in connection with the permitted sale of agricultural or horticultural products.
p.
Ambulance service.
q.
Special event parking.
r.
Communication tower.
s.
Open recreational vehicle storage.
t.
Outdoor wood-fired hydronic heaters.
u.
WECS and anemometers over 80 feet in height.
v.
Solar farm facilities.
w.
Barn event venue subject to the provisions of chapter 36, article IV, division 5, subdivision II, section 36-420.
x.
Tier 2 battery energy storage systems (BESS).
(3)
Area, yard, height and bulk requirements. See division 6 of this article.
(Ord. of 6-9-2010, § 4.1.1; Ord. No. 11-1, § 2, 3-9-2011; Ord. No. 16-0001, § 2, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018; Ord. No. 18-03, § 1, 1-9-2019; Ord. No. 21-01, § 2, 10-13-2021; Ord. No. 2025-03, 8-13-2025)
The Rural Non-Farm Residential District, Lake Residential District, Suburban Residential District and Multiple-Family Residential District are designated principally for residential use and are limited to dwellings and uses normally associated with residential neighborhoods in order to encourage a suitable and healthy environment for family life. The residential districts are designed to regulate the location of residential uses and dwellings according to a well-considered plan which reflects the different types of residential uses and dwellings, the different densities of population and the intensity of land use desired, potential nuisances and hazards which may cause unhealthy conditions, and the relationship of residential uses and dwellings to other areas devoted to agricultural, commercial, or industrial use and to streets. The purpose of each residential district is further stated below.
(Ord. of 6-9-2010, § 4.2(intro.); Ord. No. 18-02, Att. B, 7-11-2018)
This district is established to provide suitable areas for single-family dwellings at low densities to preserve a predominantly rural character in these areas fit for concentrated residential use because of the ability of the soil to absorb sewage wastes from individual septic tanks.
(1)
Permitted uses.
a.
Single-family detached dwellings.
b.
Home occupations, only in accordance with the regulations specified in section 36-249.
c.
On-site signs, only in accordance with the regulations specified in section 36-285.
d.
Essential services, only in accordance with the regulations specified in section 36-252.
e.
Residential Secondary Dwelling, only in accordance with the regulations specified in section 36-260.
f.
Accessory uses or structures.
g.
State licensed residential facilities.
h.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Golf courses, but not including golf driving ranges.
c.
Country clubs, public swimming pools, recreation centers, parks, playgrounds and playfields.
d.
Churches and other buildings for religious worship.
e.
Group child care homes, primary and secondary non-profit schools.
f.
Essential services structures of a non-industrial character, but not including maintenance depots or warehouses.
g.
Government- or community-owned buildings.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.1; Ord. No. 16-0001, § 3, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is designed to preserve and enhance areas which are suitable for lakefront residential development, principally single-family dwellings at moderate densities, with consideration to protecting the lake waters from potential pollutants.
(1)
Permitted uses.
a.
Single-family detached dwellings.
b.
On-site signs, only in accordance with the regulations specified in section 36-285.
c.
Essential services, only in accordance with the regulations specified in section 36-252.
d.
Residential secondary dwelling, only in accordance with the regulations specified in section 36-260.
e.
Accessory uses or structures.
f.
Home occupations in accordance with the regulations specified in section 36-249.
g.
State licensed residential facilities.
h.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Parks and playfields.
c.
Churches and other buildings for religious worship.
d.
Essential service structures of a non-industrial character, but not including maintenance depots or warehouses.
e.
Group child care homes.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.2; Ord. No. 16-0001, § 4, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is designed to provide residential areas principally for moderate suburban densities where necessary urban services and facilities, including central sewerage and water supply systems, can be feasibly provided.
(1)
Permitted uses.
a.
Single-family detached dwellings.
b.
Home occupations, only in accordance with the regulations specified in section 36-249.
c.
On-site signs, only in accordance with the regulations specified in section 36-285.
d.
Essential services, only in accordance with the regulations specified in section 36-252.
e.
Residential Secondary Dwelling, only in accordance with the regulations specified in section 36-260.
f.
Accessory uses or structures.
g.
State licensed residential facilities.
h.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Country clubs, recreation centers, public swimming pools, parks, playgrounds and playfields.
c.
Churches and other buildings for religious worship.
d.
Group child care homes, primary and secondary non-profit schools.
e.
Essential service structures of a non-industrial character, but not including maintenance depots or warehouses.
f.
Government- or community-owned buildings.
g.
Golf courses, but not including golf driving ranges.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.3; Ord. No. 16-0001, § 5, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is designed to permit a high density of population and a high intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system and which abut or are adjacent to such other uses or amenities which support, complement or serve such a density and intensity.
(1)
Permitted uses.
a.
Multiple-family dwellings.
b.
Two-family dwellings.
c.
On-site signs, only in accordance with the regulations specified in section 36-285.
d.
Essential services, only in accordance with the regulations specified in section 36-252.
e.
Accessory uses or structures.
f.
Roominghouses and boardinghouses.
g.
Home occupations, only in accordance with the regulations specified in section 36-249.
h.
State licensed residential facilities.
i.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Public swimming pools, recreation centers, parks, playgrounds and playfields.
c.
Churches and other buildings for religious worship.
d.
Group child care homes, primary and secondary non-profit schools, and colleges and universities.
e.
Medical and dental clinics.
f.
Hospitals, convalescent or nursing homes, sanitariums and orphanages.
g.
Essential service structures of a non-industrial character, but not including maintenance depots or warehouses.
h.
Mobile home parks.
i.
Mobile home subdivision in accordance with the requirements of single-family dwelling in section 36-130, RS-1 district.
j.
Offices.
k.
Government- or community-owned buildings.
l.
Funeral establishments.
m.
Single-family dwellings.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.4; Ord. No. 16-0001, §§ 6, 7, 3-9-2016)
(a)
The township recognizes the special nature of certain lake residential districts that have evolved from subdivisions that were platted in the early decades of the 20th century and occupied by seasonal housing units, which have been converted into yearround residences. Initially these areas were subdivided into lots which tend to be significantly smaller than the standards established by this chapter. Dwellings and structures have been constructed on these lots that do not conform to current minimum yard and spacing requirements. It is the intent of this section to allow greater flexibility in site standards in these specific areas as described herein, to promote the improvement, renovation, or reconstruction of dwellings and accessory structures in a manner that conforms to the character of the existing development in the area and to continue the prevailing setbacks in such neighborhoods while protecting the public health, safety and general welfare.
(b)
Permitted and special uses allowed in the lake district overlay zone shall be consistent with those authorized by the base zoning district, subject to the limitations placed thereon by this section.
(c)
The Lake District Overlay Zone appears on the zoning map as an "overlay district" imposed on the top of the other base (or underlying) zoning districts created by this chapter. Development of properties in the lake district overlay zone must comply with all the regulations of the base district in which they are located except as specifically set forth or excepted in this section. When there is any conflict between the regulations of the lake district overlay zone and the regulations of the base district the conflict shall be reconciled by the zoning administrator in conference with the planning commission and all rights of appeal provided by this chapter shall be preserved.
(d)
Permitted and special uses allowed in the lake district overlay zone shall be consistent with those authorized by the base zoning district, subject to the limitations placed thereon by this section.
(e)
The standards of the Lake District Overlay Zone shall be applied only to structures located or proposed to be located on those parcels within the following plats:
(1)
Wamplers Lake.
a.
Irish Hills Beach.
b.
Supervisors Plat #1 and #2.
c.
The Ange Ral.
d.
Harbor Point Beach.
e.
Oak Shade Park, Oak Shade Park 1st, 2nd, 3rd, 4th, 5th, addition.
(2)
Sand Lake.
a.
Boardman Park.
b.
Aylesworth Heights
c.
Amended plat of lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and vacated portion of Ray's Drive, Aylesworth Heights.
d.
Amended plat of lots 6, 7, 11 and Park B. Hoisington's subdivision of out lot A, Aylesworth Heights and vacated portions of Ray's Drive, Aylesworth Heights.
e.
Assessor's Plat #1.
f.
Supervisors Plat #3.
g.
Killarney Park subdivision.
h.
Irish Hills Village.
i.
Supervisors Plat of Howell and Egan's Grove.
j.
Ray Mar, addition to Ray Mar.
k.
The Lyster Patent, The Lyster Patent #2.
l.
Marsh property leased lands.
(3)
Front yard setbacks.
a.
Minimum required front yards may be reduced to the average established yard of all developed adjacent parcels in the subject plat within 300 feet on each side of the property provided that the reduction will not create a traffic safety hazard or encroach on any easement or right of way.
b.
Parcels used in the setback averaging shall include only those as defined in subsection (e)(3)a of this section.
c.
At no time shall the structure be located less than 20 feet from the traveled portion of the adjacent street.
(4)
Rear yard setback. Rear yard setbacks shall be a minimum of 20 feet except for lots that front on the lake where subsections (e)(3)a through c of this section shall apply for the rear yard facing the street.
(5)
Side yard setbacks. The minimum required side yards may be reduced to a dimension equal to ten percent of the lot width provided the resulting structure is no less than five feet from the property line and no less than ten feet from any structures on the adjacent lot.
(6)
Rear and side yard setbacks accessory structures. The minimum required rear yard and side yard setback for an accessory structure may be reduced to a dimension equal to ten percent of the lot depth or width provided the resulting structure is no less than five feet from the property line and no less than ten feet from any structure on the adjacent lot, except for lots that front the water where subsections (e)(3)a through c of this section will apply for rear yard setback facing the street.
(7)
Decks, porches, or other projections from the main structure shall be considered a part of the main structure and subject to the same setbacks as the structure except that eaves and overhangs may extend no more than 12 inches into the setback.
(8)
The remainder of the area, height and bulk regulation shall be as specified in the schedule of regulations, division 6 of this article, Lake Residential District (RL-1), and Suburban Residential (RS-1).
(9)
The application of these special standards shall be reviewed and approved by the township zoning administrator prior to issuance of a building permit.
a.
Given the density of the lots in these plats: to adjacent neighbors; to the lake edge; to road right-of-way; and possible encroachments on adjacent property lines and right-of-way, as a requirement for evaluation for a building permit, the property owner will be required by the zoning administrator to provide a site plan and may be required to submit a detailed survey of the property including the dimensions of the proposed improvements.
b.
A detailed survey and site plan is a requirement for any submission of these standards to the board of appeals for a variance request.
c.
This survey and site plan shall be prepared by a registered surveyor and shall include, at a minimum, the following items:
1.
Show on the plan and locate in the field all property lines, corners, easements, uses, right-of-way and the ordinary high-water mark including dimensions and angles correlated with the legal description of the property.
2.
Locate and dimension all existing and proposed main structures and accessory structures on the site and the facing sides of existing structures on adjacent lots.
3.
Indicate the property lines of subject and adjacent properties.
4.
Locate all drives, patios, walks, and other paved areas.
5.
Locate all poles, manholes and other utility transmission lines and services
6.
Any additional information, as determined by the township zoning administrator, may be required due to the complexity of the proposed improvements.
7.
Where two or more adjacent lots within a lake district overlay zone are under single ownership, as a condition to issuance of a building permit, these properties shall be permanently conjoined and enjoined by a building and use restriction, acceptable to the township that prevents future dividing of the property consistent with this chapter and the following additional standards. Should the resulting lot be 80 feet wide or greater, or a conforming lot, the side setbacks shall be as specified in the schedule of regulations for Lake Residential (RL-1), or Suburban Residential (RS-1) which ever applies.
(Ord. of 6-9-2010, § 4.2.5; Ord. No. 10-02, 6-9-2010; Ord. No. 13-01, 4-10-2013)
The Local Commercial District, General Commercial District and Highway Service Commercial District are designed to limit compatible commercial enterprises at appropriate locations to encourage efficient traffic movement, parking and utility service, advance public safety and protect surrounding property. The commercial districts are designed to regulate the location of these business uses according to a well-considered plan which determined the types of such uses and the intensity of land, street and highway use in each district; potential nuisances and hazards which may cause unsafe conditions and the relationship of commercial uses to each other and to other areas devoted to agricultural, residential or industrial use and to streets and highways. The purpose of each commercial district is further stated below.
(Ord. of 6-9-2010, § 4.3(intro.))
This district is designed to encourage planned and integrated groupings of stores that will retail convenience goods and provide personal services to meet regular and recurring needs of the neighborhood resident population. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district, have been excluded.
(1)
Permitted uses.
a.
Personal services including barber shops and beauty salons, medical and dental clinics, dry cleaners and self-service laundromats; and sale and repair shops for watches, shoes, radios and televisions.
b.
Business services including banks, loan offices, real estate offices and insurance offices.
c.
Offices of an executive, administrative or professional nature.
d.
Retail sale of foods, drugs, hardware, notions, books and similar convenience goods.
e.
On-site signs, only in accordance with the regulations as specified in section 36-286.
f.
Essential services and structures of a non-industrial character.
g.
Accessory uses or structures.
h.
Commercial secondary dwelling as defined in section 36-5.
(2)
Conditional uses.
a.
Planned-commercial unit developments.
b.
Churches and other buildings for religious worship.
c.
Government- or community-owned buildings, but not including schools.
d.
Eating and drinking establishments, but not including drive-in types.
e.
Public warehouses.
f.
Child care centers or day care centers.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.1; Ord. No. 13-03, 4-10-2013; Ord. No. 16-0001, § 9, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is intended to encourage planned and integrated groupings of retail, service and administrative establishments which will retail convenience and comparison goods, and provide personal and professional services for the entire area, and to accommodate commercial establishments which cannot be practically provided in a neighborhood commercial area.
(1)
Permitted uses.
a.
Any use permitted in the local commercial district.
b.
Business schools; including dance schools, music schools and art schools.
c.
Indoor retail sales establishments.
d.
Indoor commercial amusement and recreation services, including theaters, bowling alleys, and roller and ice skating rinks.
e.
Eating and drinking establishments, but not including drive-in types.
f.
Clubs and lodges.
g.
Funeral homes.
h.
Printing establishments.
i.
On-site signs, only in accordance with the regulations as specified in section 36-287.
j.
Accessory uses or structures.
k.
Essential services and structures of a non-industrial character.
l.
Medical marihuana facilities and recreational marihuana establishments.
(2)
Conditional uses.
a.
Automobile service stations.
b.
Hotels or motels.
c.
Small animal clinics.
d.
Drive-in business services.
e.
Churches and other buildings for religious worship.
f.
Government- or community-owned buildings, but not including schools.
g.
Public warehouses.
h.
Communication tower.
i.
Open recreational vehicle storage.
j.
Marina.
k.
Child care centers or day care centers.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.2; Ord. No. 16-0001, § 9, 3-9-2016; Ord. No. 2020-03, § 2, 5-6-2020)
This district is intended to provide for various commercial establishments offering accommodations, supplies, and services to local as well as through automobile and truck traffic. These districts should be provided at locations along major thoroughfares or adjacent to the interchange ramps of a limited access highway facility and should encourage grouping of various facilities into centers and discourage dispersion of these activities.
(1)
Permitted uses.
a.
Automobile service stations.
b.
Sales, rental and service of motor vehicles, trailers and boats.
c.
Drive-in retail and service establishments, except drive-in theaters.
d.
On-site and off-site signs, only in accordance with the regulations as specified in sections 36-287 and 36-288.
e.
Motels and hotels.
f.
Eating and drinking establishments.
g.
Essential services and structures of a non-industrial character.
h.
Accessory uses or structures.
i.
Indoor and outdoor commercial amusements.
j.
Any use permitted in the General Commercial District (C-2).
k.
Medical marihuana facilities and recreational marihuana establishments.
(2)
Conditional uses.
a.
Automobile repair garages.
b.
Drive-in theaters.
c.
Ambulance service.
d.
Communication tower.
e.
Open recreational vehicle storage.
f.
Any conditional use provided in the General Commercial District (C-2).
g.
Child care centers or day care centers.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.3; Ord. No. 13-03, 4-10-2013; Ord. No. 16-0001, § 10, 3-9-2016; Ord. No. 2020-03, § 2, 5-6-2020)
The intent of this district is to provide suitable areas for tourist-oriented commercial uses which are recreational in nature. Generally, these types of businesses are seasonal and require relatively large parcels of land. Because they encourage large volumes of vehicular traffic when in operation, they should be located on or within quick access of highway facilities.
(1)
Permitted uses.
a.
Golf courses.
b.
Golf driving ranges.
c.
Miniature golf courses.
d.
General or specialized resorts.
e.
Riding academies or stables.
f.
Observation towers.
g.
Ski resorts.
h.
Commercial Secondary dwelling as defined in section 36-5.
(2)
Conditional uses.
a.
Commercially operated trails for use of dune buggies, snowmobiles and similar types of vehicles.
b.
Amusement parks.
c.
Racetracks.
d.
Eating and drinking establishments.
e.
Retail and/or wholesale sales of small goods and merchandise of a novelty, tourist or recreational nature such as souvenirs, hunting and fishing supplies, golf equipment, sportswear, etc., and light on-site assembly of same (e.g., assembly of craft items, sewing of sportswear, etc.).
f.
Marina.
g.
Offices of an executive, administrative or professional nature.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.4; Ord. No. 13-03, 4-10-2013; Ord. No. 18-02, Att. B, 7-11-2018)
It is recognized by this division that the value to the public of designating certain areas for certain types of industrial uses is represented in the employment opportunities afforded to citizens and the resultant economic benefits conferred upon the township. In order that this value may be maintained and this use encouraged, this division has established zoning districts designed to regulate the location of industrial uses according to a well-considered plan which reflects the types of such uses and the intensity of land, street and highway use in each such district, potential nuisances and hazards which may cause unsafe and unhealthy conditions, and the relationship of industrial uses to each other and to other areas devoted to agricultural, residential or commercial use and to streets, highways and other means of transportation. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of these districts have been excluded. The purpose of each industrial district is further stated below.
(Ord. of 6-9-2010, § 4.4(intro.))
This district is designed to provide suitable space for light industrial uses which operate in a safe, non-objectionable and efficient manner, and which are compatible in appearance with and require a minimum of buffering measures from adjoining non-industrial zoning district. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, and radioactive hazards and other harmful or obnoxious matter.
(1)
Permitted uses.
a.
Wholesale merchandising or storage warehouses.
b.
Vehicle repair garages, but not including auto junk yards.
c.
Trucking terminals.
d.
Farm machinery and equipment sales and repair.
e.
Contractor's yard.
f.
Lumber yard.
g.
Industrial office buildings.
h.
General service and repair establishments including dyeing, cleaning, or laundry works and upholstery or appliance repair.
i.
Assembly and manufacture, from prefabricated parts, of household appliances, electronic products, machinery and hardware products, and similar products; or the processing or assembling of parts for production of finished equipment.
j.
Skilled trade services including plumbing, electric, heating, printing and painting establishments.
k.
Research and testing laboratories.
l.
Essential services and structures.
m.
On-site and off-site signs, only in accordance with the regulations as specified in sections 36-287 and 36-288.
(2)
Conditional uses.
a.
Generally including those light manufacturing uses similar to the permitted uses in this district which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat or glare than that which is generally associated with light industries of the type specifically permitted.
b.
Communication tower.
c.
Open recreational vehicle storage.
d.
WECS and anemometers over 80 feet in height.
e.
Solar farm facilities.
f.
Tier 2 battery energy storage systems (BESS).
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.4.1; Ord. No. 18-03, § 1, 1-9-2019; Ord. No. 2025-03, 8-13-2025)
(a)
No building or structure shall hereafter be erected or altered to exceed the height, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yards, side yards or other open spaces than prescribed for the district in which the building or structure is located.
(b)
No yard or lot existing at the time of passage of the ordinance from which this division is derived shall be reduced in dimension or area below the minimum requirements set forth for the district in which the yard or lot is located. Yards or lots created after the effective date of the ordinance from which this division is derived shall meet at least the minimum requirements established by the ordinance from which this division is derived.
(c)
No part of a yard or other open space required for or in connection with any structure for the purpose of complying with the ordinance from which this division is derived, shall be included as part of a yard or open space similarly required for any other structure.
(Ord. of 6-9-2010, § 4.5.1)
(a)
Lots that abut on more than one street shall provide the required front yards along every street. The figure indicated by an asterisk (*) in this division represents the front yard setback that shall also be maintained for the side yard abutting a street or road. The side yard that does not abut the street or road shall be maintained with a minimum setback equal to the minimum side yard setback for lots that are not located on a corner or that do not abut on more than one street or road. Nothing herein shall be construed to allow location of any structure in violation of section 36-246.
(b)
All front, side and rear yards shall be the minimum perpendicular distance measured from the principal structure, excluding all projections not exceeding three feet in length from the structure wall.
(Ord. of 6-9-2010, § 4.5.2)
Width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot, measured in a contiguous straight line (unbroken by intervening lot lines) between side lot lines at their foremost points (where they intersect with the street line), except in the case of lots on the turning circle of cul-de-sacs, where the contiguous and unbroken line between the foremost points (at the street line), shall not be less than 40 percent of the required lot width.
(Ord. of 6-9-2010, § 4.5.3)
Exceptions to the maximum height regulations for each district specified in this division may be permitted subject to the following provisions:
(1)
Height limitations. The limitations affecting the height of structures shall not apply to the following appurtenant appendages and structures provided they comply with all other provisions of this or any other applicable ordinances: parapet walls, chimneys, smokestacks, church spires, flagpoles, radio and television towers, penthouses for mechanical equipment, water tanks and wind energy conversions systems (WECS).
(2)
Increased height. Building height in excess of the height above average ground level allowed in any district may be permitted provided all minimum front, side and rear yard depths are increased one foot for each additional one foot of height and provided that adequate fire protection can be demonstrated.
(Ord. of 6-9-2010, § 4.5.4; Ord. No. 12-02, 7-11-2012)
(a)
No accessory buildings or structures shall be located in any required front yard, in any zoning district as defined in this chapter.
(b)
Accessory buildings or structures may not be placed less than ten feet from any rear lot line or rear yard portions of any side lot line, except in lake overlay districts where overlay side and rear setbacks may apply, and, where no accessory building or structure shall exceed 25 feet in height.
(c)
No detached accessory building or structure shall be located closer than ten feet to any other building or structure.
(d)
No detached accessory buildings or structures shall be placed on any lot unless there is an existing principal building located upon such lot which conforms to the requirements of this chapter and the single state construction code, except as provided in subsection (e) of this section.
(e)
Existing and new accessory buildings or structures are permitted while a principal structure is being replaced or built. These accessory buildings or structures are not permitted for more than 180 days before construction is commenced on the principal building. A bond (cash, surety or letter of credit) will be required to cover the cost of removing the accessory building or structure if the principal building is not replaced or built or does not receive an occupancy permit or does not have a current building permit. An approved zoning compliance permit is required.
(f)
In the RL-1 (lake residential) zoning district, an accessory building or structure in a front yard as defined in section 36-5 is required to meet the setback requirements of this division as measured by 36-5 and shall not be greater than 12 feet in height and 144 square feet in area.
(Ord. of 6-9-2010, § 4.5.5; Ord. No. 12-03, 7-11-2012)
In addition to the required setback lines provided elsewhere in this division, in group dwellings (including semi-detached and multiple dwellings), the following minimum distances shall be required between each said dwelling:
(1)
Where buildings are front to front or front to rear: three times the height of the taller building, but not less than 70) feet.
(2)
Where buildings are side to side: one times the height of the taller building, but not less than 20 feet.
(3)
Where buildings are front to side, rear to side, or rear to rear: two times the height of the taller building, but not less than 45 feet.
(Ord. of 6-9-2010, § 4.5.7)
Hereafter, every building erected, altered or moved shall be located on a lot of record or unit, as described in the master deed of a site condominium project as defined in this division and, except in the case of mobile home parks or multiple family developments, in districts permitting such uses there shall be no more than one principal building or structure and its permitted accessory structures located on each lot or unit in all zoning districts. In the Agricultural (AG-1) District, only one residential structure and its permitted accessory structures shall be permitted on a lot of record or condominium unit. Notwithstanding anything herein to the contrary, a freestanding accessory structure may be erected or placed on lots or units with a minimum lot area of ten acres in the Agricultural (AG-1) Zoning District, without the necessity of a principal structure being located on such lot or unit, if said lots or units are otherwise in compliance with this division.
(Ord. of 6-9-2010, § 4.5.7)
The floor area per dwelling unit and/or apartment erected on any lot or parcel shall be not less than that established by the following table. In determining floor area, only area used for living quarters shall be counted. Garages, carports, non-walled and non-roofed porches, and unfinished basements are to be excluded. In no instance shall the ground-level floor contain less than 540 square feet.
(1)
Number of bedrooms, minimum floor area in each dwelling unit.
(2)
Number of bedrooms, minimum floor area in each apartment unit.
(3)
In the event dwelling units or apartments wherein the number of bedrooms exceeds the number listed in the tables in subsections (1) and (2) of this section, the township building inspector shall determine the minimum floor area based upon a logical extension of the requirements found in the above table.
(Ord. of 6-9-2010, § 4.5.9)
On any lot in an agricultural or residential district that is nonconforming as to lot width and/or lot area, setbacks shall be as stated in this division or, in the alternative, the zoning inspector is authorized to issue a zoning compliance permit if a proposed ground floor construction or alteration, including porches and decks, are set back a distance corresponding to the more restrictive of the nonconforming setbacks to be found on the immediately neighboring lot or lots. However, this exception shall not authorize any building or construction within a public or private right-of-way or that would otherwise constitute a safety hazard.
(Ord. of 6-9-2010, § 4.5.10)
***
Corner lot
Accessory structure 10' rear residential only
Major hwy. 150' from center of road to build
*** Corner Lot
(Ord. of 6-9-2010, § 4.5)
ZONING DISTRICTS' REGULATIONS
The intent, permitted uses, conditional uses, height, area, density and sign regulations of each district are set forth in this article.
(Ord. of 6-9-2010, art. IV(intro.))
Open districts are established to protect land best suited for open use from the encroachment of incompatible land uses, to preserve valuable agricultural land for agricultural uses and to retain land suited for open space and recreation use for the future.
(Ord. of 6-9-2010, § 4.1)
The intent of this district is to set aside land suitable for agricultural development and agricultural related uses.
(1)
Permitted uses.
a.
General and specialized farming and agricultural activities except feedlots; including the raising or growing and storage or preservation of crops, sod, livestock, poultry, rabbits, fur-bearing animals and other farm animals, and plants, trees, shrubs and nursery stock.
b.
Sale of agricultural products raised or grown on the farm premises including roadside stand for said sales.
c.
Single-family detached dwellings.
d.
Home occupations only in accordance with the regulations specified in section 36-249.
e.
Kennels.
f.
Conservation and/or recreation areas including forest preserves, game refuges, nature reservations, hunt clubs and similar areas of low intensity use.
g.
On-site signs, only in accordance with the regulations specified in section 36-284.
h.
Essential services and structures of a non-industrial character, but not including maintenance depots and warehouses only in accordance with the regulations specified in section 36-252.
i.
Residential secondary dwelling, only in accordance with the regulations specified in section 36-260.
j.
Accessory uses or structures.
k.
State licensed residential facilities.
l.
Family child care home.
(2)
Conditional uses.
a.
Quarries.
b.
Golf courses.
c.
Group or organized camps, camping grounds and general or specialized resorts.
d.
Airports.
e.
Group child care homes, primary or secondary non-profit schools, and colleges and universities.
f.
Convalescent homes, nursing homes, hospitals, sanitariums and orphanages.
g.
Riding academies and stables.
h.
Churches and other buildings for religious worship.
i.
Cemeteries.
j.
Golf driving ranges.
k.
Travel trailer parks.
l.
Feedlots.
m.
Animal hospitals.
n.
Sanitary landfills.
o.
Retail sale of specialty, novelty and gift items; including sale of food and beverage, in connection with the permitted sale of agricultural or horticultural products.
p.
Ambulance service.
q.
Special event parking.
r.
Communication tower.
s.
Open recreational vehicle storage.
t.
Outdoor wood-fired hydronic heaters.
u.
WECS and anemometers over 80 feet in height.
v.
Solar farm facilities.
w.
Barn event venue subject to the provisions of chapter 36, article IV, division 5, subdivision II, section 36-420.
x.
Tier 2 battery energy storage systems (BESS).
(3)
Area, yard, height and bulk requirements. See division 6 of this article.
(Ord. of 6-9-2010, § 4.1.1; Ord. No. 11-1, § 2, 3-9-2011; Ord. No. 16-0001, § 2, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018; Ord. No. 18-03, § 1, 1-9-2019; Ord. No. 21-01, § 2, 10-13-2021; Ord. No. 2025-03, 8-13-2025)
The Rural Non-Farm Residential District, Lake Residential District, Suburban Residential District and Multiple-Family Residential District are designated principally for residential use and are limited to dwellings and uses normally associated with residential neighborhoods in order to encourage a suitable and healthy environment for family life. The residential districts are designed to regulate the location of residential uses and dwellings according to a well-considered plan which reflects the different types of residential uses and dwellings, the different densities of population and the intensity of land use desired, potential nuisances and hazards which may cause unhealthy conditions, and the relationship of residential uses and dwellings to other areas devoted to agricultural, commercial, or industrial use and to streets. The purpose of each residential district is further stated below.
(Ord. of 6-9-2010, § 4.2(intro.); Ord. No. 18-02, Att. B, 7-11-2018)
This district is established to provide suitable areas for single-family dwellings at low densities to preserve a predominantly rural character in these areas fit for concentrated residential use because of the ability of the soil to absorb sewage wastes from individual septic tanks.
(1)
Permitted uses.
a.
Single-family detached dwellings.
b.
Home occupations, only in accordance with the regulations specified in section 36-249.
c.
On-site signs, only in accordance with the regulations specified in section 36-285.
d.
Essential services, only in accordance with the regulations specified in section 36-252.
e.
Residential Secondary Dwelling, only in accordance with the regulations specified in section 36-260.
f.
Accessory uses or structures.
g.
State licensed residential facilities.
h.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Golf courses, but not including golf driving ranges.
c.
Country clubs, public swimming pools, recreation centers, parks, playgrounds and playfields.
d.
Churches and other buildings for religious worship.
e.
Group child care homes, primary and secondary non-profit schools.
f.
Essential services structures of a non-industrial character, but not including maintenance depots or warehouses.
g.
Government- or community-owned buildings.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.1; Ord. No. 16-0001, § 3, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is designed to preserve and enhance areas which are suitable for lakefront residential development, principally single-family dwellings at moderate densities, with consideration to protecting the lake waters from potential pollutants.
(1)
Permitted uses.
a.
Single-family detached dwellings.
b.
On-site signs, only in accordance with the regulations specified in section 36-285.
c.
Essential services, only in accordance with the regulations specified in section 36-252.
d.
Residential secondary dwelling, only in accordance with the regulations specified in section 36-260.
e.
Accessory uses or structures.
f.
Home occupations in accordance with the regulations specified in section 36-249.
g.
State licensed residential facilities.
h.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Parks and playfields.
c.
Churches and other buildings for religious worship.
d.
Essential service structures of a non-industrial character, but not including maintenance depots or warehouses.
e.
Group child care homes.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.2; Ord. No. 16-0001, § 4, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is designed to provide residential areas principally for moderate suburban densities where necessary urban services and facilities, including central sewerage and water supply systems, can be feasibly provided.
(1)
Permitted uses.
a.
Single-family detached dwellings.
b.
Home occupations, only in accordance with the regulations specified in section 36-249.
c.
On-site signs, only in accordance with the regulations specified in section 36-285.
d.
Essential services, only in accordance with the regulations specified in section 36-252.
e.
Residential Secondary Dwelling, only in accordance with the regulations specified in section 36-260.
f.
Accessory uses or structures.
g.
State licensed residential facilities.
h.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Country clubs, recreation centers, public swimming pools, parks, playgrounds and playfields.
c.
Churches and other buildings for religious worship.
d.
Group child care homes, primary and secondary non-profit schools.
e.
Essential service structures of a non-industrial character, but not including maintenance depots or warehouses.
f.
Government- or community-owned buildings.
g.
Golf courses, but not including golf driving ranges.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.3; Ord. No. 16-0001, § 5, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is designed to permit a high density of population and a high intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system and which abut or are adjacent to such other uses or amenities which support, complement or serve such a density and intensity.
(1)
Permitted uses.
a.
Multiple-family dwellings.
b.
Two-family dwellings.
c.
On-site signs, only in accordance with the regulations specified in section 36-285.
d.
Essential services, only in accordance with the regulations specified in section 36-252.
e.
Accessory uses or structures.
f.
Roominghouses and boardinghouses.
g.
Home occupations, only in accordance with the regulations specified in section 36-249.
h.
State licensed residential facilities.
i.
Family child care homes.
(2)
Conditional uses.
a.
Planned unit residential developments.
b.
Public swimming pools, recreation centers, parks, playgrounds and playfields.
c.
Churches and other buildings for religious worship.
d.
Group child care homes, primary and secondary non-profit schools, and colleges and universities.
e.
Medical and dental clinics.
f.
Hospitals, convalescent or nursing homes, sanitariums and orphanages.
g.
Essential service structures of a non-industrial character, but not including maintenance depots or warehouses.
h.
Mobile home parks.
i.
Mobile home subdivision in accordance with the requirements of single-family dwelling in section 36-130, RS-1 district.
j.
Offices.
k.
Government- or community-owned buildings.
l.
Funeral establishments.
m.
Single-family dwellings.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.2.4; Ord. No. 16-0001, §§ 6, 7, 3-9-2016)
(a)
The township recognizes the special nature of certain lake residential districts that have evolved from subdivisions that were platted in the early decades of the 20th century and occupied by seasonal housing units, which have been converted into yearround residences. Initially these areas were subdivided into lots which tend to be significantly smaller than the standards established by this chapter. Dwellings and structures have been constructed on these lots that do not conform to current minimum yard and spacing requirements. It is the intent of this section to allow greater flexibility in site standards in these specific areas as described herein, to promote the improvement, renovation, or reconstruction of dwellings and accessory structures in a manner that conforms to the character of the existing development in the area and to continue the prevailing setbacks in such neighborhoods while protecting the public health, safety and general welfare.
(b)
Permitted and special uses allowed in the lake district overlay zone shall be consistent with those authorized by the base zoning district, subject to the limitations placed thereon by this section.
(c)
The Lake District Overlay Zone appears on the zoning map as an "overlay district" imposed on the top of the other base (or underlying) zoning districts created by this chapter. Development of properties in the lake district overlay zone must comply with all the regulations of the base district in which they are located except as specifically set forth or excepted in this section. When there is any conflict between the regulations of the lake district overlay zone and the regulations of the base district the conflict shall be reconciled by the zoning administrator in conference with the planning commission and all rights of appeal provided by this chapter shall be preserved.
(d)
Permitted and special uses allowed in the lake district overlay zone shall be consistent with those authorized by the base zoning district, subject to the limitations placed thereon by this section.
(e)
The standards of the Lake District Overlay Zone shall be applied only to structures located or proposed to be located on those parcels within the following plats:
(1)
Wamplers Lake.
a.
Irish Hills Beach.
b.
Supervisors Plat #1 and #2.
c.
The Ange Ral.
d.
Harbor Point Beach.
e.
Oak Shade Park, Oak Shade Park 1st, 2nd, 3rd, 4th, 5th, addition.
(2)
Sand Lake.
a.
Boardman Park.
b.
Aylesworth Heights
c.
Amended plat of lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and vacated portion of Ray's Drive, Aylesworth Heights.
d.
Amended plat of lots 6, 7, 11 and Park B. Hoisington's subdivision of out lot A, Aylesworth Heights and vacated portions of Ray's Drive, Aylesworth Heights.
e.
Assessor's Plat #1.
f.
Supervisors Plat #3.
g.
Killarney Park subdivision.
h.
Irish Hills Village.
i.
Supervisors Plat of Howell and Egan's Grove.
j.
Ray Mar, addition to Ray Mar.
k.
The Lyster Patent, The Lyster Patent #2.
l.
Marsh property leased lands.
(3)
Front yard setbacks.
a.
Minimum required front yards may be reduced to the average established yard of all developed adjacent parcels in the subject plat within 300 feet on each side of the property provided that the reduction will not create a traffic safety hazard or encroach on any easement or right of way.
b.
Parcels used in the setback averaging shall include only those as defined in subsection (e)(3)a of this section.
c.
At no time shall the structure be located less than 20 feet from the traveled portion of the adjacent street.
(4)
Rear yard setback. Rear yard setbacks shall be a minimum of 20 feet except for lots that front on the lake where subsections (e)(3)a through c of this section shall apply for the rear yard facing the street.
(5)
Side yard setbacks. The minimum required side yards may be reduced to a dimension equal to ten percent of the lot width provided the resulting structure is no less than five feet from the property line and no less than ten feet from any structures on the adjacent lot.
(6)
Rear and side yard setbacks accessory structures. The minimum required rear yard and side yard setback for an accessory structure may be reduced to a dimension equal to ten percent of the lot depth or width provided the resulting structure is no less than five feet from the property line and no less than ten feet from any structure on the adjacent lot, except for lots that front the water where subsections (e)(3)a through c of this section will apply for rear yard setback facing the street.
(7)
Decks, porches, or other projections from the main structure shall be considered a part of the main structure and subject to the same setbacks as the structure except that eaves and overhangs may extend no more than 12 inches into the setback.
(8)
The remainder of the area, height and bulk regulation shall be as specified in the schedule of regulations, division 6 of this article, Lake Residential District (RL-1), and Suburban Residential (RS-1).
(9)
The application of these special standards shall be reviewed and approved by the township zoning administrator prior to issuance of a building permit.
a.
Given the density of the lots in these plats: to adjacent neighbors; to the lake edge; to road right-of-way; and possible encroachments on adjacent property lines and right-of-way, as a requirement for evaluation for a building permit, the property owner will be required by the zoning administrator to provide a site plan and may be required to submit a detailed survey of the property including the dimensions of the proposed improvements.
b.
A detailed survey and site plan is a requirement for any submission of these standards to the board of appeals for a variance request.
c.
This survey and site plan shall be prepared by a registered surveyor and shall include, at a minimum, the following items:
1.
Show on the plan and locate in the field all property lines, corners, easements, uses, right-of-way and the ordinary high-water mark including dimensions and angles correlated with the legal description of the property.
2.
Locate and dimension all existing and proposed main structures and accessory structures on the site and the facing sides of existing structures on adjacent lots.
3.
Indicate the property lines of subject and adjacent properties.
4.
Locate all drives, patios, walks, and other paved areas.
5.
Locate all poles, manholes and other utility transmission lines and services
6.
Any additional information, as determined by the township zoning administrator, may be required due to the complexity of the proposed improvements.
7.
Where two or more adjacent lots within a lake district overlay zone are under single ownership, as a condition to issuance of a building permit, these properties shall be permanently conjoined and enjoined by a building and use restriction, acceptable to the township that prevents future dividing of the property consistent with this chapter and the following additional standards. Should the resulting lot be 80 feet wide or greater, or a conforming lot, the side setbacks shall be as specified in the schedule of regulations for Lake Residential (RL-1), or Suburban Residential (RS-1) which ever applies.
(Ord. of 6-9-2010, § 4.2.5; Ord. No. 10-02, 6-9-2010; Ord. No. 13-01, 4-10-2013)
The Local Commercial District, General Commercial District and Highway Service Commercial District are designed to limit compatible commercial enterprises at appropriate locations to encourage efficient traffic movement, parking and utility service, advance public safety and protect surrounding property. The commercial districts are designed to regulate the location of these business uses according to a well-considered plan which determined the types of such uses and the intensity of land, street and highway use in each district; potential nuisances and hazards which may cause unsafe conditions and the relationship of commercial uses to each other and to other areas devoted to agricultural, residential or industrial use and to streets and highways. The purpose of each commercial district is further stated below.
(Ord. of 6-9-2010, § 4.3(intro.))
This district is designed to encourage planned and integrated groupings of stores that will retail convenience goods and provide personal services to meet regular and recurring needs of the neighborhood resident population. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district, have been excluded.
(1)
Permitted uses.
a.
Personal services including barber shops and beauty salons, medical and dental clinics, dry cleaners and self-service laundromats; and sale and repair shops for watches, shoes, radios and televisions.
b.
Business services including banks, loan offices, real estate offices and insurance offices.
c.
Offices of an executive, administrative or professional nature.
d.
Retail sale of foods, drugs, hardware, notions, books and similar convenience goods.
e.
On-site signs, only in accordance with the regulations as specified in section 36-286.
f.
Essential services and structures of a non-industrial character.
g.
Accessory uses or structures.
h.
Commercial secondary dwelling as defined in section 36-5.
(2)
Conditional uses.
a.
Planned-commercial unit developments.
b.
Churches and other buildings for religious worship.
c.
Government- or community-owned buildings, but not including schools.
d.
Eating and drinking establishments, but not including drive-in types.
e.
Public warehouses.
f.
Child care centers or day care centers.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.1; Ord. No. 13-03, 4-10-2013; Ord. No. 16-0001, § 9, 3-9-2016; Ord. No. 18-02, Att. B, 7-11-2018)
This district is intended to encourage planned and integrated groupings of retail, service and administrative establishments which will retail convenience and comparison goods, and provide personal and professional services for the entire area, and to accommodate commercial establishments which cannot be practically provided in a neighborhood commercial area.
(1)
Permitted uses.
a.
Any use permitted in the local commercial district.
b.
Business schools; including dance schools, music schools and art schools.
c.
Indoor retail sales establishments.
d.
Indoor commercial amusement and recreation services, including theaters, bowling alleys, and roller and ice skating rinks.
e.
Eating and drinking establishments, but not including drive-in types.
f.
Clubs and lodges.
g.
Funeral homes.
h.
Printing establishments.
i.
On-site signs, only in accordance with the regulations as specified in section 36-287.
j.
Accessory uses or structures.
k.
Essential services and structures of a non-industrial character.
l.
Medical marihuana facilities and recreational marihuana establishments.
(2)
Conditional uses.
a.
Automobile service stations.
b.
Hotels or motels.
c.
Small animal clinics.
d.
Drive-in business services.
e.
Churches and other buildings for religious worship.
f.
Government- or community-owned buildings, but not including schools.
g.
Public warehouses.
h.
Communication tower.
i.
Open recreational vehicle storage.
j.
Marina.
k.
Child care centers or day care centers.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.2; Ord. No. 16-0001, § 9, 3-9-2016; Ord. No. 2020-03, § 2, 5-6-2020)
This district is intended to provide for various commercial establishments offering accommodations, supplies, and services to local as well as through automobile and truck traffic. These districts should be provided at locations along major thoroughfares or adjacent to the interchange ramps of a limited access highway facility and should encourage grouping of various facilities into centers and discourage dispersion of these activities.
(1)
Permitted uses.
a.
Automobile service stations.
b.
Sales, rental and service of motor vehicles, trailers and boats.
c.
Drive-in retail and service establishments, except drive-in theaters.
d.
On-site and off-site signs, only in accordance with the regulations as specified in sections 36-287 and 36-288.
e.
Motels and hotels.
f.
Eating and drinking establishments.
g.
Essential services and structures of a non-industrial character.
h.
Accessory uses or structures.
i.
Indoor and outdoor commercial amusements.
j.
Any use permitted in the General Commercial District (C-2).
k.
Medical marihuana facilities and recreational marihuana establishments.
(2)
Conditional uses.
a.
Automobile repair garages.
b.
Drive-in theaters.
c.
Ambulance service.
d.
Communication tower.
e.
Open recreational vehicle storage.
f.
Any conditional use provided in the General Commercial District (C-2).
g.
Child care centers or day care centers.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.3; Ord. No. 13-03, 4-10-2013; Ord. No. 16-0001, § 10, 3-9-2016; Ord. No. 2020-03, § 2, 5-6-2020)
The intent of this district is to provide suitable areas for tourist-oriented commercial uses which are recreational in nature. Generally, these types of businesses are seasonal and require relatively large parcels of land. Because they encourage large volumes of vehicular traffic when in operation, they should be located on or within quick access of highway facilities.
(1)
Permitted uses.
a.
Golf courses.
b.
Golf driving ranges.
c.
Miniature golf courses.
d.
General or specialized resorts.
e.
Riding academies or stables.
f.
Observation towers.
g.
Ski resorts.
h.
Commercial Secondary dwelling as defined in section 36-5.
(2)
Conditional uses.
a.
Commercially operated trails for use of dune buggies, snowmobiles and similar types of vehicles.
b.
Amusement parks.
c.
Racetracks.
d.
Eating and drinking establishments.
e.
Retail and/or wholesale sales of small goods and merchandise of a novelty, tourist or recreational nature such as souvenirs, hunting and fishing supplies, golf equipment, sportswear, etc., and light on-site assembly of same (e.g., assembly of craft items, sewing of sportswear, etc.).
f.
Marina.
g.
Offices of an executive, administrative or professional nature.
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.3.4; Ord. No. 13-03, 4-10-2013; Ord. No. 18-02, Att. B, 7-11-2018)
It is recognized by this division that the value to the public of designating certain areas for certain types of industrial uses is represented in the employment opportunities afforded to citizens and the resultant economic benefits conferred upon the township. In order that this value may be maintained and this use encouraged, this division has established zoning districts designed to regulate the location of industrial uses according to a well-considered plan which reflects the types of such uses and the intensity of land, street and highway use in each such district, potential nuisances and hazards which may cause unsafe and unhealthy conditions, and the relationship of industrial uses to each other and to other areas devoted to agricultural, residential or commercial use and to streets, highways and other means of transportation. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of these districts have been excluded. The purpose of each industrial district is further stated below.
(Ord. of 6-9-2010, § 4.4(intro.))
This district is designed to provide suitable space for light industrial uses which operate in a safe, non-objectionable and efficient manner, and which are compatible in appearance with and require a minimum of buffering measures from adjoining non-industrial zoning district. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, and radioactive hazards and other harmful or obnoxious matter.
(1)
Permitted uses.
a.
Wholesale merchandising or storage warehouses.
b.
Vehicle repair garages, but not including auto junk yards.
c.
Trucking terminals.
d.
Farm machinery and equipment sales and repair.
e.
Contractor's yard.
f.
Lumber yard.
g.
Industrial office buildings.
h.
General service and repair establishments including dyeing, cleaning, or laundry works and upholstery or appliance repair.
i.
Assembly and manufacture, from prefabricated parts, of household appliances, electronic products, machinery and hardware products, and similar products; or the processing or assembling of parts for production of finished equipment.
j.
Skilled trade services including plumbing, electric, heating, printing and painting establishments.
k.
Research and testing laboratories.
l.
Essential services and structures.
m.
On-site and off-site signs, only in accordance with the regulations as specified in sections 36-287 and 36-288.
(2)
Conditional uses.
a.
Generally including those light manufacturing uses similar to the permitted uses in this district which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat or glare than that which is generally associated with light industries of the type specifically permitted.
b.
Communication tower.
c.
Open recreational vehicle storage.
d.
WECS and anemometers over 80 feet in height.
e.
Solar farm facilities.
f.
Tier 2 battery energy storage systems (BESS).
(3)
Area, yard, height and bulk regulations. See division 6 of this article.
(Ord. of 6-9-2010, § 4.4.1; Ord. No. 18-03, § 1, 1-9-2019; Ord. No. 2025-03, 8-13-2025)
(a)
No building or structure shall hereafter be erected or altered to exceed the height, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yards, side yards or other open spaces than prescribed for the district in which the building or structure is located.
(b)
No yard or lot existing at the time of passage of the ordinance from which this division is derived shall be reduced in dimension or area below the minimum requirements set forth for the district in which the yard or lot is located. Yards or lots created after the effective date of the ordinance from which this division is derived shall meet at least the minimum requirements established by the ordinance from which this division is derived.
(c)
No part of a yard or other open space required for or in connection with any structure for the purpose of complying with the ordinance from which this division is derived, shall be included as part of a yard or open space similarly required for any other structure.
(Ord. of 6-9-2010, § 4.5.1)
(a)
Lots that abut on more than one street shall provide the required front yards along every street. The figure indicated by an asterisk (*) in this division represents the front yard setback that shall also be maintained for the side yard abutting a street or road. The side yard that does not abut the street or road shall be maintained with a minimum setback equal to the minimum side yard setback for lots that are not located on a corner or that do not abut on more than one street or road. Nothing herein shall be construed to allow location of any structure in violation of section 36-246.
(b)
All front, side and rear yards shall be the minimum perpendicular distance measured from the principal structure, excluding all projections not exceeding three feet in length from the structure wall.
(Ord. of 6-9-2010, § 4.5.2)
Width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot, measured in a contiguous straight line (unbroken by intervening lot lines) between side lot lines at their foremost points (where they intersect with the street line), except in the case of lots on the turning circle of cul-de-sacs, where the contiguous and unbroken line between the foremost points (at the street line), shall not be less than 40 percent of the required lot width.
(Ord. of 6-9-2010, § 4.5.3)
Exceptions to the maximum height regulations for each district specified in this division may be permitted subject to the following provisions:
(1)
Height limitations. The limitations affecting the height of structures shall not apply to the following appurtenant appendages and structures provided they comply with all other provisions of this or any other applicable ordinances: parapet walls, chimneys, smokestacks, church spires, flagpoles, radio and television towers, penthouses for mechanical equipment, water tanks and wind energy conversions systems (WECS).
(2)
Increased height. Building height in excess of the height above average ground level allowed in any district may be permitted provided all minimum front, side and rear yard depths are increased one foot for each additional one foot of height and provided that adequate fire protection can be demonstrated.
(Ord. of 6-9-2010, § 4.5.4; Ord. No. 12-02, 7-11-2012)
(a)
No accessory buildings or structures shall be located in any required front yard, in any zoning district as defined in this chapter.
(b)
Accessory buildings or structures may not be placed less than ten feet from any rear lot line or rear yard portions of any side lot line, except in lake overlay districts where overlay side and rear setbacks may apply, and, where no accessory building or structure shall exceed 25 feet in height.
(c)
No detached accessory building or structure shall be located closer than ten feet to any other building or structure.
(d)
No detached accessory buildings or structures shall be placed on any lot unless there is an existing principal building located upon such lot which conforms to the requirements of this chapter and the single state construction code, except as provided in subsection (e) of this section.
(e)
Existing and new accessory buildings or structures are permitted while a principal structure is being replaced or built. These accessory buildings or structures are not permitted for more than 180 days before construction is commenced on the principal building. A bond (cash, surety or letter of credit) will be required to cover the cost of removing the accessory building or structure if the principal building is not replaced or built or does not receive an occupancy permit or does not have a current building permit. An approved zoning compliance permit is required.
(f)
In the RL-1 (lake residential) zoning district, an accessory building or structure in a front yard as defined in section 36-5 is required to meet the setback requirements of this division as measured by 36-5 and shall not be greater than 12 feet in height and 144 square feet in area.
(Ord. of 6-9-2010, § 4.5.5; Ord. No. 12-03, 7-11-2012)
In addition to the required setback lines provided elsewhere in this division, in group dwellings (including semi-detached and multiple dwellings), the following minimum distances shall be required between each said dwelling:
(1)
Where buildings are front to front or front to rear: three times the height of the taller building, but not less than 70) feet.
(2)
Where buildings are side to side: one times the height of the taller building, but not less than 20 feet.
(3)
Where buildings are front to side, rear to side, or rear to rear: two times the height of the taller building, but not less than 45 feet.
(Ord. of 6-9-2010, § 4.5.7)
Hereafter, every building erected, altered or moved shall be located on a lot of record or unit, as described in the master deed of a site condominium project as defined in this division and, except in the case of mobile home parks or multiple family developments, in districts permitting such uses there shall be no more than one principal building or structure and its permitted accessory structures located on each lot or unit in all zoning districts. In the Agricultural (AG-1) District, only one residential structure and its permitted accessory structures shall be permitted on a lot of record or condominium unit. Notwithstanding anything herein to the contrary, a freestanding accessory structure may be erected or placed on lots or units with a minimum lot area of ten acres in the Agricultural (AG-1) Zoning District, without the necessity of a principal structure being located on such lot or unit, if said lots or units are otherwise in compliance with this division.
(Ord. of 6-9-2010, § 4.5.7)
The floor area per dwelling unit and/or apartment erected on any lot or parcel shall be not less than that established by the following table. In determining floor area, only area used for living quarters shall be counted. Garages, carports, non-walled and non-roofed porches, and unfinished basements are to be excluded. In no instance shall the ground-level floor contain less than 540 square feet.
(1)
Number of bedrooms, minimum floor area in each dwelling unit.
(2)
Number of bedrooms, minimum floor area in each apartment unit.
(3)
In the event dwelling units or apartments wherein the number of bedrooms exceeds the number listed in the tables in subsections (1) and (2) of this section, the township building inspector shall determine the minimum floor area based upon a logical extension of the requirements found in the above table.
(Ord. of 6-9-2010, § 4.5.9)
On any lot in an agricultural or residential district that is nonconforming as to lot width and/or lot area, setbacks shall be as stated in this division or, in the alternative, the zoning inspector is authorized to issue a zoning compliance permit if a proposed ground floor construction or alteration, including porches and decks, are set back a distance corresponding to the more restrictive of the nonconforming setbacks to be found on the immediately neighboring lot or lots. However, this exception shall not authorize any building or construction within a public or private right-of-way or that would otherwise constitute a safety hazard.
(Ord. of 6-9-2010, § 4.5.10)
***
Corner lot
Accessory structure 10' rear residential only
Major hwy. 150' from center of road to build
*** Corner Lot
(Ord. of 6-9-2010, § 4.5)