Egelston Township City Zoning Code
ARTICLE III
General Regulations
§ 450-301 Zoning affects every structure and use.
Except as herein specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure will be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with the regulations specified for the district in which it is located.
§ 450-302 Establishment of zoning districts.
The Township of Egelston shall be and is hereby divided into zoning districts as enumerated hereafter, and in each district there are hereafter set forth certain use and area regulations.
R-1 | Residential |
R-2 | Residential |
R-3 | Residential |
R-4 | Mobile Home Parks |
R-5 | Agricultural and Resort Uses |
C-1 | Commercial |
C-2 | Commercial |
I-1 | Industrial (light) |
I-2 | Industrial (heavy) |
§ 450-303 Boundaries of zoning districts; Zoning Map.
The boundaries of the said zoning districts are hereby established as set forth in legal descriptions and enacted as part of the text of this chapter, and as shown on the Zoning Map[1] which is part of this chapter with all notations, references and other information shown thereon. The Zoning Map shall be certified as the official copy by the Township Clerk and shall be kept on display in the public office of the Township. Maps and descriptions accompanying enacted amendments shall be displayed adjacent to the official copy until such time as the official copy is corrected. In the event that distributed copies of the map or legal descriptions have not been amended, the Official Map and descriptions contained in the Township office shall prevail. Copies of all amendments shall be available at all times at the Township office for distribution in accordance with law.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
§ 450-304 Interpretation of Zoning Map.
Where due to the scale, lack of detail, or illegibility of the Zoning Map accompanying this chapter, there is uncertainty, contradiction, or conflict as to the intended location of any zoning district boundary as shown thereon, interpretation concerning the exact location of the zoning district boundary line shall be determined by the Zoning Board of Appeals. The Board, in arriving at a decision on these matters, shall apply the following standards:
Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerlines of alleys, streets, rights-of-way, or watercourses, unless such zoning district boundary lines are fixed by dimensions as shown on the Zoning Map.
Where zoning district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.
In unsubdivided property, or where a zoning district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on the Zoning Map, shall be determined by the use of the map scale shown thereon.
If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary, the Zoning Board of Appeals shall determine and fix the location of said line in a reasonable manner.
§ 450-305 Use regulation.
Except as otherwise provided herein, the regulations governing land and structure use are hereby established as shown in the various districts under the heading "permitted principal uses" and in this article. Uses not expressly permitted are prohibited. Special Land Uses may only be permitted by the action of the Planning Commission in accordance with the procedure established therefor. In the absence of such approval, Special Land Uses are prohibited uses.
§ 450-306 Applicability of lot area, width and setback requirements.
Lot area, frontage and width. No lot or parcel of land shall be divided, subdivided or reduced in area, frontage or width in any way that results in existing or newly created lots or parcels having area, frontage or width that is less than is permitted in the zoning district in which the lot or parcel is located.
Required setbacks. Existing uses, buildings and structures may not be extended, expanded or added to in any way that results in a reduction of existing or required setbacks to a point less than that permitted in the zoning district in which the use, building or structure is located.
Number of parking spaces. The number of parking spaces established for existing uses may not be reduced in number in any way that results in a reduction of the number of parking spaces below the minimum number required for the use or zoning district in which an existing use is located.
Setbacks on corner lots. On corner lots, each yard fronting on a road right-of-way is considered to be a front yard. Front yard setbacks established for the zoning district in which a corner lot is located shall apply to both front yards. The configuration of side and rear lot lines shall be determined as follows:
A lot line separating a corner lot from an adjacent lot's side yard shall be a side lot line. In such cases, side yard setback requirements shall apply.
A lot line separating a corner lot from an adjacent lot's rear yard shall be a rear lot line. In such cases, rear yard setback requirements shall apply.
§ 450-307 Minimum floor space of dwellings.
[Amended 6-16-2003]
No building to be used as a dwelling shall be hereafter erected or altered having a living area of less than 850 square feet of usable floor space for a one- or two-bedroom dwelling, plus 110 square feet for each additional bedroom. Floor space shall not include porches, garages, breezeways, carports, decks or other appendages to the dwelling.
§ 450-308 Accessory buildings.
[Amended 3-7-2022; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:
Use prior to principal building. No accessory building shall be used as a principal dwelling.
Use in residential districts.
The use of accessory buildings in residential districts shall be limited to those uses customarily associated with residential purposes.
The use of storage container units/shipping containers is prohibited in all zoning districts. For purposes of this section, "shipping container" shall mean a prefabricated metal structure consisting primarily of a steel exterior which is manufactured to transport goods; "personal storage unit" shall mean any prefabricated structure designed for the temporary storage of property.
As part of principal building. Where the accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the principal dwelling.
Setback and location of detached accessory buildings. Detached accessory buildings shall be erected in rear yards and side yards only, except for corner lots. On a corner lot, a 25-foot side yard setback is required on the roadside to ensure vision and safety. Properties with homes 250 feet or more from the center line of the road may be even with the back of the neighbor's house. Setbacks from property lines are one time the height of exterior wall. The distance between dwelling and accessory building must be 1 1/2 times the height of exterior walls. Detached accessory buildings shall be erected in side yards and in rear yards. Side yards opposite address side on corner lots must maintain front yard setback.
No maximum size. Detached accessory buildings may not occupy more than 50% of the buildable side and rear yard combined per setbacks in R-1 through R-3 and R-5.
Lots with water frontage are allowed one shed in the front yard with a maximum square footage of 120 square feet and maximum height of 10 feet.
Building heights. Determined by the distance from the ground level to the highest point of the roof; R-1 through R-3 and R-5, height shall be maximum 35 feet and no closer than 1 1/2 times of exterior wall height from any surrounding building.
Corner lot setback. Accessory buildings on corner lots shall be located so that they do not project into setback or required side or rear yard areas as if extended from contiguous properties.
§ 450-309 Conversion of dwellings.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other spaces, and off-street parking.
§ 450-310 (Reserved) [1]
§ 450-311 Occupancy of tents, trailers, motor homes and recreational vehicles.
Tents, trailers, travel trailers, and/or automobile trailers shall not be used for dwelling purposes within the Township limits; provided, however, that they may be used for temporary dwellings for a total period of not more than 14 days in any one year when located upon premises having running water and sewage facilities, and provided further that automobile trailers and travel trailers may be occupied for dwelling purposes within duly licensed travel trailer camps and subject to the requirements thereupon imposed.
§ 450-312 Mobile homes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No structure which is a mobile home may be used, erected, occupied or permitted outside of a licensed mobile home trailer park unless it meets the following standards:
It complies with the minimum square footage requirements of this chapter for the zone in which it is located.
It has a minimum width across any front, side or rear elevation, meaning the entire width of the building facing in one direction, of 20 feet and complies in all respects with the Township 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 from those imposed by the Township building code in effect, then and in that event such federal or state standard or regulation shall apply.
It is firmly attached to a permanent foundation constructed on the site in accordance with the Township 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. The mobile home shall, in addition thereto, be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission.
It shall be installed with the wheels removed. Additionally, no mobile home shall have any exposed towing mechanism, undercarriage or chassis.
It is connected to a public sewer and water supply or to such private facilities approved by the local health department.
It contains a storage capability area in a basement located under the dwelling, in an attic area, 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 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.
Design and appearance.
It is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with windowsills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being in either the rear or side of the dwelling; and contains permanently attached steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.
The compatibility of design and appearance shall be determined in the first instance by the Township Zoning Administrator upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of said Zoning Administrator's decision. Any determination of compatibility shall be based upon the standards set forth in this definition as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of residential development located outside of mobile home parks throughout the Township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
It 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.
It complies with all pertinent building and fire codes. All construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.
The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the Township pertaining to such parks.
All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Township building code provisions and requirements.
§ 450-313 Mobile home - temporary permit.
A mobile home not meeting the above standards, except as set forth below, may be used as a temporary dwelling, during the time of construction of a permanent dwelling that is not a mobile home, under the following conditions:
A building permit must be issued and currently in effect for the said permanent dwelling to be constructed.
A separate permit must be issued under this section for the use of the mobile home as a temporary dwelling, said permit to be issued by the Zoning Administrator only after all the requirements of this section are met.
The mobile home temporary occupancy permit shall be issued for a period of six months. The permit may only be renewed if the Zoning Administrator is satisfied that satisfactory progress is being made toward the completion of the said permanent dwelling.
Unless the temporary dwelling permit is currently in force, occupancy or placement of the mobile home shall be a violation of this chapter and subject the owner or occupant of the premises to the penalties thereof.
Determination by the Zoning Administrator shall be final, except an appeal to the Zoning Board of Appeals shall be available in accordance with the procedures set forth in this chapter.
The mobile home to be occupied under the temporary permit shall be located on the same or adjacent property to that for which the building permit has been issued.
The mobile home shall be connected to a water supply and sewer system which have been approved by the county health department. It shall have approved tie-downs.
No temporary occupancy permit shall be issued for a travel trailer, camper or other recreational vehicle.
The mobile home shall comply with the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development at 24 CFR 3280, or same or similar standards as set forth or amended in the federal regulations or in state regulations.
Before occupancy the owner or occupant shall deposit with the Township a performance bond, guaranteed by an acceptable corporate surety, or cash in the amount of $500 to be held in an escrow account by the Township.
Said performance bond or escrow amount shall be returnable to the owner or occupant, conditioned on removal of the mobile home, either after expiration of a permit or the completion of the permanent dwelling, said removal to be to a legal place. If after written notice from the Township, removal is not accomplished within 30 days, the said performance bond shall be collected or the cash retained for use by the Township to remove the mobile home from the property. Any expense of the Township in excess of the said performance bond or cash shall be assessed against the real property for which the building permit was issued.
§ 450-314 Motor vehicle storage.
[Amended 9-17-2018; 8-21-2023; 3-17-2025]
Currently licensed, family or occupant owned motor vehicles, travel trailers, campers, boats, snowmobiles and similar vehicles, if the same are in running condition, may be stored on the owner's premises in any area or district, provided said storage is compatible with the uses permitted in the said district. No semi-trailers may be stored on any waterfront lot abutting Wolf Lake. No more than one unlicensed vehicle and no more than two race cars may be stored at any dwelling in District R-1 through R-5 unless stored in an enclosed accessory building. The outdoor storage of an unlicensed vehicle or race cars in Districts R-1 through R-5 shall be limited to rear yard areas only. In any other district, the occupant operating any motor vehicles in pursuit of permitted purposes shall provide parking areas sufficiently large to accommodate all motor vehicle units, including any race cars. Such vehicles shall be parked in this area when not in use.
§ 450-315 Nonconforming uses, structures and lots of record.
Nonconforming uses shall be treated under this chapter as follows:
Lawful nonconforming uses or structures in existence at the time of passage of this chapter may be continued but shall not be extended, added to or altered unless such extension, alterations or additions are in conformity with the provisions of this chapter, and result in a conforming use as required by the district regulations where such use is located; provided, however:
Single-family dwellings located within a C-1, C-2, I-1 or I-2 District may be enlarged by an addition containing floor space which does not exceed 25% of the existing floor space as defined in § 450-307 of this chapter, or containing up to 300 sq. ft., whichever is greater. Provided further, subsequent to such enlargement, there shall be no further additions except in accordance with the regulations of the district in which the dwelling is located, both as to use and size requirements.
Enlargement of a single-family dwelling in the C-1, C-2, I-1 or I-2 District shall be subject to the minimum property space requirements of the district in which the dwelling is located, if stated. If not stated, the property space requirements shall be as in the R-1 District for a single-family dwelling.
A single-family residence which fails to conform to the minimum floor space requirement of this chapter, but which at least meets the minimum requirements of the Township building code as to number of rooms and room sizes and which is lawfully occupied as a nonconforming structure, may be repaired and occupied and occupancy continued, and its floor space may be increased with additions meeting the building and construction codes of the Township. In the event of such addition, all requirements of said code shall be met. There shall be no limit to the size of the addition except the limits set forth above where such a dwelling is located in a C-1, C-2, I-1 or I-2 District. In the event occupancy has ceased for 90 days as hereinafter set forth, occupancy or additions shall not be allowed.
One residential garage and one residential storage building may be constructed accessory to an existing nonconforming single-family dwelling subject to the general regulations of this chapter pursuant to "accessory buildings"; provided, however, said accessory buildings shall not exceed one story or 12 feet in height.
If a nonconforming structure or use is damaged or destroyed, repairs or replacements shall be started within 90 days and completed with reasonable diligence. The repaired or replaced area shall not exceed the original area without a permit under Article VI.
If occupancy of a nonconforming use or structure shall terminate for a continuous period of 90 days or the use or structure has been changed to that permitted in the district in which it is located, the said nonconforming use or occupancy shall not be resumed or reestablished and any future use or occupancy of the land or structure shall be in conformity with the requirements of its district and the other sections of this chapter.
A lot of record that was legally established prior to the effective date of this chapter and that does not comply with zoning district lot area and width requirements may be used as permitted by district regulations, provided:
The use established on the lot complies with front, side and rear setback requirements for the zoning district in which the lot is located;
The lot may not be further reduced in area or width;
That the lot has not at any time been owned or controlled together with contiguous lots which could have been combined to form a parcel at the time of said ownership or control. Any conveyance or separation of such lots at any time shall be considered an illegal lot split, and shall not result in the creation of a buildable lot or lot of record. Common owners or controllers of contiguous nonconforming lots of record shall be required to combine lots to conform to the present zoning ordinance in the event they seek to place improvements of any kind thereon.
A lot of record that was legally established prior to the effective date of this chapter and that does not comply with zoning district lot area and width requirements may not be divided or altered in any way that results in the creation of any single lot that does not comply with applicable area and width requirements.
§ 450-316 Hobby farming - gardening.
§ 450-317 Home occupations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
When allowed as a special land use, home occupations in dwellings shall comply with the following standards:
They shall be operated in the entirety within the dwelling and not within any garage or accessory building located upon the premises, except for incidental storage or in the use of a residential garage upon the premises.
Such occupation shall be conducted only by the person or persons occupying the premises as their principal residence; provided, however, the Planning Commission shall have the authority in granting the special use to permit additional subordinate assistants who do not so reside within the said dwelling to be employed therein where the same would not materially impair the residential character of the neighborhood or cause traffic congestion or parking problems. In no event, however, shall such additional assistants exceed three in number.
The occupation shall use no more than 25% of the floor area of one story of the building.
The dwelling shall have no exterior evidence other than a permitted sign to indicate that the same is being utilized for any purpose other than that of a dwelling.
The occupation conducted therein must be clearly incidental and subordinate to the principal use of the premises for residential purposes.
No goods shall be sold from the premises which are not strictly incidental to the principal home occupation conducted therein.
No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting or the creation of unreasonable traffic to the premises. Such disturbances or lighting shall not be discernible beyond the boundaries of the property from which the occupation is conducted.
Such occupation shall not require internal or external alterations or construction features, equipment or machinery not customary in residential areas, except as the Planning Commission in granting the special land use may determine to be innocuous or designed to avoid disturbance of the residential character of the neighborhood.
As a condition of allowing a home occupation on any premises as defined herein, the occupant of the premises shall agree in writing to allow the Township Zoning Administrator to make an annual inspection of the property to determine compliance with the requirements of this section. A home occupation may be terminated by order of the Township Board in the event it fails to comply after any such inspection.
§ 450-318 Reverted zoning.
In the event that a zone change is granted pertaining to any premises in the Township, then the said premises shall be used or the use or structure shall be substantially begun or erected within 12 months from the date of the permit. In the event such substantial use or construction has not begun within the said period, the Township Planning Commission may on its own motion immediately initiate procedures to rezone the changed area to its former zoned district or to revoke the special land use permit, using the procedures set forth in Act 184 of the Public Acts of 1943, as amended,[1] including all notice provisions therein.
[1]
Editor's Note: See now MCL 125.3101 et seq.
§ 450-319 Variance record.
Whenever a variance from this chapter shall be granted by the Zoning Board of Appeals for any use or purpose, written copies of the variance and its terms shall be retained in a permanent file in the Township office. In the event a variance is granted, but no use thereof is made on the premises for a period of one year with the option for a request of a one-year extension, then the said variance shall expire and be automatically extinguished. The variance record shall be reviewed at least annually by the Zoning Administrator and he shall make permanent record of any such expiring. Further, the Zoning Administrator shall report to both the Planning Commission and the Zoning Board of Appeals in the event any variance thus expires. The structure of premises shall not be used in accordance with the terms of any such variance which has expired until and unless a new variance has been granted.
§ 450-320 Essential services.
In all zoning districts, where essential services are allowed, as defined in Article II, § 450-202, the following requirements shall be applied in every case:
Electrical substations and/or gas regulator stations shall be enclosed with a fence or wall six feet high and adequate to obstruct passage of persons or materials.
Public utility facilities in any zoning district shall be constructed and maintained in a neat and orderly manner. Any building which is constructed shall be landscaped and shall conform with the general character of the architecture of the surrounding neighborhood.
Brine lines, hydro-carbon lines, oil and gas transmission lines, private power lines, including the easements for the same, shall be considered and subject to all provisions set forth for essential services even though all of the same may be maintained and/or owned by a private person.
§ 450-321 Access to roads.
No structure or use involving occupancy, whether as a resident or for any other purpose by any person or persons, shall be used or occupied in Egelston Township unless the premises and structure have unobstructed access to either a public or private easement and thereby to a public street or road which easement and road are continuously maintained open and accessible to the structure or premises sufficiently to permit vehicular traffic ingress and egress at all times. Such road, including a private road, driveway or access easement shall comply with the regulation of this chapter.
§ 450-322 Permits required for building.
No structure shall be erected in Egelston Township without the issuance of a building permit as set forth in the various building and energy codes in effect at the time of the proposed construction. Building permits and certificates of occupancy shall be issued as required in the applicable building and energy codes.
§ 450-323 Off-street parking requirements.
[Amended 6-19-2017]
In all zoning districts, all off-street parking facilities required by this article and/or utilized for the storage of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered, or extended after the effective date of this article, shall be provided and maintained as herein prescribed:
Loading spaces shall not be construed as supplying off-street parking space.
When units of measurements determining the number of required parking spaces result in requirement of fractional space, any fraction up to and including one-half shall be disregarded; and fractions over one-half shall require one parking space.
Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this chapter, additional parking space for the additional floor space shall be provided and maintained in amount hereafter specified for that use.
For the purpose of this section, "floor area," in the case of offices, merchandising, or service types of uses, shall mean the gross floor area, used or intended to be used for services to the public as customers, patrons, clients or patients, or as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise.
Location of off-street parking facilities.
Off-street parking facilities for one- and two-family dwellings shall be located on the same lot of plot of ground as the building they are intended to serve.
The location of required off-street parking facilities for other than one- and two-family dwellings shall be within 300 feet of the building they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building. This shall not prohibit any industry which employs 500 or more employees from supplying off-street parking at a reasonable distance, greater than 300 feet from the building, in which the employees are employed, upon approval of the Township Planning Commission.
In the case of a use not specifically mentioned, the requirements for off-street parking facilities is for a use which is so mentioned and which said use if similar shall apply.
Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table.
The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings, as specified above, shall be determined in accordance with the following table; and the space, so required, shall be stated in the application for a building permit and shall be irrevocably reserved for such use.
In Industrial, Commercial and R-3 Residential Zoning Districts, off-street parking facilities shall be either a concrete or asphalt blacktop hard-surface area as required in this section.
All handicap off street parking requirements shall meet both state and federal minimum requirements.
The minimum required number of off-street parking places for various uses are as follows:
Use | Minimum Off-Street Required Parking Space(s) |
|---|---|
One- and two-family dwellings | 2 spaces for each dwelling unit |
Hospitals, sanitariums | 1 space for each 3 patient beds, plus 1 space for each 3 employees |
Nursery school, home day care or child care centers | 1 space for each 400 sq. ft. of usable floor area |
Private golf clubs, swimming pool clubs, tennis clubs, lodges or other similar uses | 1 space for every 2 member families or individuals, plus spaces required for each accessory use, such as a restaurant or bar |
Religious institutions: churches or temples | 1 space for each 6 seats or 12 feet of pews in the main unit of worship |
Automobile service repair garages, gasoline filling and service stations (see convenience retail establishments) | 2 spaces for each repair and service stall, plus 1 space for every employee, plus the required amount for each accessory use |
Barbershops and beauty parlors | 2 spaces for each of the first 2 beauty or barber chairs, and 1 space for each additional 2 chairs |
Business service establishments: Advertising and mailing Banks/credit unions (excluding drive-throughs) Employment services Investment companies Real estate companies | 6 spaces per 1,000 sq. ft. of gross floor area, plus 4 on-site waiting spaces for each drive up window or drive-through automatic teller |
Clinics and professional offices of doctors, dentists, or similar professions | 1 space for each 50 sq. ft. of usable floor area in waiting rooms, and 1 space for each examining room, dental chair or similar use |
General retail | 1 space for every 400 sq. ft. of usable floor area |
Indoor storage units | 1 space for every 2,000 sq. ft. of gross floor area |
Repair services | 1 space for each 500 sq.ft. of usable floor area, plus 1 space for each employee |
Taverns, bars | 1 space for every 75 sq. ft. of usable floor area, allowed within the maximum occupancy load as established by any applicable codes or ordinances, whichever is greater |
Vehicle wash (automatic) | 1 space per each employee, plus 3 on-site waiting spaces at each washing stall entrance |
Vehicle wash (self-service or coin operated) | 2 stacking spaces for each washing stall, in addition to, the stall itself |
Video or pinball arcade or similar uses | 1 space per game, provided that where such games are an accessory use, 1 space is required for each game above 4 games. |
Batting cage facilities | 3 spaces per cage |
Bowling alleys | 5 spaces for each alley, plus 1 space for each employee, plus spaces for each accessory use |
Dance halls, pool and billiard rooms, exhibition halls, roller and ice skating rinks | 1 space for each 2 persons allowed within the maximum occupancy load as established by any applicable codes or ordinances |
Indoor racquet and courts | 1 space per 1,000 sq. ft. of gross floor area or 6 spaces per court, whichever is greater |
Theaters and commercial auditoriums | 1 space for each 3 seats, plus 1 for each 2 employees |
Golf courses open to the public, except miniature or "par 3" courses | 5 spaces for each hole, plus 1 space for each employee, plus required spaces for each accessory use, such as a restaurant or bar |
Multiple dwellings or apartment houses | 2 spaces for each dwelling unit |
Bed-and-breakfast operations | 1 space for each sleeping room, plus 2 spaces for the dwelling unit |
Boarding house, fraternities, sororities | 1 space for each guest room plus 2 spaces for the dwelling unit |
Community residential care facilities <6 persons | 1 space for every 3 beds plus 1 per employee on any given shift |
Convalescent homes, convents or similar uses | 1 space for each 4 beds, plus 1 per employee on any given shift |
Mobile home parks | 2 spaces for each mobile home site, plus 1 space for each mobile home park employee allowed within the maximum occupancy load as established by any applicable codes or ordinances whichever is greater |
Auditoriums, lodge halls, fraternal organizations, private clubs, public meeting halls, community centers, or buildings of similar use without fixed seats | 1 space per each 2.5 seats, or each 6 ft. of pew or bench or 1 space for each 3 persons allowed within the maximum occupancy load as established by any applicable codes or ordinances, whichever is greater |
Auditoriums (non-school), stadiums and sports arenas | 1 space for each 3 seats or 1 space for each 3 persons allowed within the maximum occupancy load as established by any applicable codes or ordinances, whichever is greater |
Civic or social clubs | 1 space for each 4 persons allowed within the maximum occupancy load as established by any applicable codes or ordinances |
Elementary and junior high schools | 2 per classroom, plus separate parking where the school contains an auditorium and/or stadium or gym |
High schools and colleges | 10 per classroom, plus separate parking where the school contains an auditorium and/or stadium or gym |
Convenience retail establishments | 3 spaces per each 1,000 sq. ft. of gross floor area |
Drive-through restaurants or fast-food establishments | 1 space for each 100 sq. ft. of usable floor area or 1 for each 3 persons allowed within the maximum occupancy load as established by any applicable codes or ordinances, whichever is greater |
Carry-out food or walk-up establishment including bakeries, ice cream shops and delicatessens if carry-out only, or if all seating is exterior only | 1 space for each employee, plus 10 spaces |
Restaurant or establishment for sale and consumption of beverages, food or refreshments on the premises including drive-in, but not including drive-through | 1 space for each 2 persons allowed within the maximum occupancy load as established by any applicable codes or ordinances |
Funeral homes and mortuaries | 1 space for every 50 sq. ft. of usable floor area of parlor and chapel areas |
General offices | 1 space for every 400 sq. ft. of usable floor area |
Health or fitness club | 1 space for every 400 sq. ft. of usable floor area |
Hotels, motels | 1 space for each guest room, plus 1 additional space for each 2 employees, plus required spaces for each accessory use |
Laundromats and coin operated dry cleaners | 1 space for each 5 washing and/or dry-cleaning machines |
Open air business (i.e., Motor vehicle dealerships) | 1 space per 4,000 sq. ft. of exterior sales area, plus 1 space per sales office, plus 3 spaces per service bay, except open air flea markets which require 1 space for each 300 sq. ft. of exterior sales area |
Personal service establishment (other than beauty or barbershop) | 1 space per 400 sq. ft. of retail sales area, and 1 space for each 400 sq. ft. of service area |
Golf driving range | 1 space for each tee, plus 1 space for each employee on the largest work shift |
Miniature or "par 3" golf courses | 3 spaces for each hole, plus 1 space for each employee, plus required spaces for each accessory use, such as a restaurant or bar |
Racquet sports | 3 spaces, plus 3 spaces per court or 1 per 3 spectator seats, whichever is greater |
Theme park, scenic area, amusement ride, water slide, go cart track and similar uses | 2 spaces per 3 seats on amusement rides or 20 spaces per ride or attraction with no specific or defined seating |
Industrial or manufacturing establishments, testing laboratories, creameries, bottling works, printing and engraving shops | 1 space for every 2 employees per shift or 1 space for every 1,000 sq. ft. of gross floor area, whichever is greater |
Wholesale trade establishments and warehouses | 1 space for every 2,000 sq. ft. of gross floor area, plus the required amount for other accessory uses |
Mini-storage units | Drive aisle in front of each unit must be at least 24 feet wide. Units and drive aisles must be sited so a vehicle parked at the unit cannot trap another vehicle and prevent it from leaving the facility |
§ 450-324 Plat violations.
No building permits, special land use permits, variances or other actions allowing any use or structure in any zoning district shall be issued where there reasonably appears to be a violation of the Subdivision Control Act of 1967 now Land Division Act (P.A. 288 of 1967, as amended).
§ 450-325 Interpretation as minimum requirements.
The general regulations set forth in this article and other provisions of this chapter are determined to be the minimum requirements for the promotion of the purposes set forth in this chapter and for the maintenance of the safety, health and welfare of the residents and citizens of Egelston Township.
§ 450-326 Animal density.
No animals may be kept in Egelston Township except in accordance with this section:
Wild and normally wild animals. Wild and normally wild animals may only be kept in the Township if licensed by the Department of Natural Resources and in no event shall such animal species be kept in numbers or locations which exceed the density or location requirements of this chapter for comparable domestic animals.
Domestic animals - density.
Horses, ponies, mules and other equine species. Horses, ponies, mules, and other equine species shall require at least two acres and with a width of 150 feet measured, between the side property lines on a property where two or less animals are kept. For each additional animal maintained on the property there shall be one additional one-half acre of area. In addition, such animals shall be confined so that they never are located closer than 300 feet from an active school property line or a residential subdivision property line.
Livestock, including cattle, dairy stock, sheep, goats, hogs, and pigs. Livestock, including but not limited to cattle, dairy stock, sheep, goats, hogs, and pigs may not be kept in any zone except agricultural, R-5. Except for hogs and pigs, livestock shall be kept and maintained in a land area of not less than five acres per animal. Hogs and pigs shall be kept in pens with sufficient land area to meet industry, agricultural and health standards.
Dogs and cats. No more than three dogs and three cats may be kept on any premises in the Township, unless the occupant has a special use permit to operate a kennel.
Poultry, ducks, geese, fowl, except ornamental birds, fur bearers, rabbits, except dogs or cats. Except in the R-5 Zone, no more than 10 animals or fowl may be kept on any premises. They shall be housed in enclosures adequately maintained in accordance with commercial or governmental health standards.
Snakes, amphibians, exotic species. Snakes, amphibians, lizards and other exotic species are wild animals and are not permitted to be kept in the Township without licensing from the department of natural resources of the State of Michigan. No snakes or amphibians of the size and type dangerous to humans, whether or not kept as household pets or domestic animals, shall be kept in the Township regardless of the enclosure used.
Miniature animals. All miniature animals such as miniature pigs, goats, horses, cows and any other miniature animal shall not be maintained on any property in numbers not more than one per household. All such miniature animals shall be required to be maintained on a leash whenever they are taken off the premises or when they are not confined on the premises. All state health requirements for maintenance of any animal shall pertain to the maintenance of miniature animals. No animal shall be considered a miniature animal unless the person who is in possession or ownership of the animal produces certification by a veterinarian that the animal is a dwarf of miniature nature of a species.
Setbacks and enclosures.
General. All domestic animals shall be in enclosures with fencing designed to restrain and prevent the species involved from escaping, which fencing or enclosures shall be kept in good repair. Pigs and hogs shall be restrained in pens which are at least 100 feet from any property line.
Setbacks from water supplies and dwellings.
Horses, ponies, mules, equine species, livestock of any description, pigs or hogs, shall be kept in field or areas where the enclosure limit fences are at least 150 feet from any human water supply or dwellings.
Poultry, ducks, geese and other fowl shall be kept in enclosures, the limits of which are at least 100 feet from any human water supply or dwelling.
Fur bearing animals, rabbits and similar species shall be kept in enclosures or pens which are at least 25 feet from any human water supply or dwelling.
Other provisions.
Proper zoning. This section does not authorize the commercial raising or maintaining or displaying of animals unless the zoning therefor is proper.
Special land use. In the event raising of animals is allowed as a special land use, then the density requirements for the same shall be determined by the Planning Commission in connection with the permit to be issued or allowance granted, and the density requirements in this section shall not apply.
Nuisance. Any noise, animal litter and waste products, dead or sick animals or vicious animals are declared nuisances and shall not be kept in the Township. Failure to dispose of same shall constitute a violation of this chapter and shall subject the owner or occupant of the premises to prosecution and the nuisance shall be abated.
§ 450-327 Fences.
Fences are permitted in all zoning districts subject to the following conditions:
Materials and appearance.
It shall be unlawful to erect a fence consisting or constructed of tires, vehicle or motor vehicle component parts, tree stumps, rotting lumber or any materials capable of providing habitat or harborage for pests or vermin. It shall also be unlawful to erect a fence constructed or consisting of rubbish or trash as defined by § 344-2, Definitions, of Chapter 344, Solid Waste.
Barbed and electric wire fences are permitted in the R-5 Zoning District only.
§ 450-328 Swimming pools, spas and hot tubs.
Swimming pools, spas and hot tubs are permitted as an accessory use in all zoning districts subject to applicable setback regulations established for accessory uses, buildings and structures.
Swimming pools, spas and hot tubs located out of doors, whether constructed in, on or above the ground, shall be provided with a fence or other barrier that complies with all provisions of the Egelston Township building code applicable to swimming pools. Individuals are encouraged to talk with the Building Inspector to discuss what type of fence or other barrier will be required by the building code. Fences or other barriers must be approved by the Building Inspector before a swimming pool, spa or hot tub will be approved for use or occupancy.
§ 450-329 Private roads.
[Amended 12-13-1999; 6-16-2003; 8-2-2006; 1-22-2018]
Purpose. This section has been adopted to assure that:
Private roads are designed, constructed and maintained to assure the safe passage and maneuverability of private passenger and emergency services.
Private roads are constructed of suitable materials to ensure minimal maintenance and safe passage.
Private roads will be constructed so as to protect against or to minimize soil erosion and to prevent damage to lakes, streams, wetlands, and natural environment of the Township.
Private roads are constructed and maintained to safely accommodate public and private infrastructure, such as, without limitation, electric, gas, communication, water and sewer lines.
Support the master plan build-out (be compatible with the master plan).
The Township encourages joint use and development of existing and new private roads by adjacent property owners to become one road.
Definitions. The following definitions shall apply to the interpretation of these regulations:
Means Muskegon County Drain Commission.
Means an improved or unimproved path or trail that serves as or is intended to provide the only means of ingress and egress from an improved public road or from a private road improved to the standards of this chapter to no more than one lot-parcel or condominium unit.
Means the Michigan Department of Transportation.
Means a property, lot, condominium unit, or land upon which an improvement exists, is erected or may be erected as evidenced by a plat, condominium proposal, proposed site plan, application for approval under the Land Division Act, request for a separate tax parcel or any oral statement or written indication by the owners or occupant of the land. A separate parcel shall also be created for purposes of the private regulations when a second principal improvement is placed on a parcel or where an improvement housing an additional family or separate living unit is established.
Means any privately owned, improved and maintained right-of-way and roadway which provides primary means of ingress and egress from public road right-of-way to more than one parcel. The term "private road" shall include extensions, relocations, additions and any private road, which joins or intersects to no more than one lot-parcel or condominium unit.
Means the Muskegon County Road Commission.
Application and effect.
Improvement on land; new private road. No building permit shall be issued for any improvement, nor shall any improvement be constructed where a private road is utilized or is to be utilized for access unless the said private road has been constructed and completed under permit and at the time a building permit is sought the private road is in accordance with the standards of this chapter and, in particular, meets then current fire codes, and security has been furnished as required for the construction of the road. A road which serves no improved property shall not be considered an existing private road, but must be treated as a new private road.
Existing private road.
A private road existing on January 22, 2018, may continue in existence and be maintained and used, though it may not comply with the provisions of this chapter. Such private road shall be continuously maintained so as to provide a safe and unimpeded route of travel as determined by the authority having jurisdiction.
For a private road existing on January 22, 2018, which is used to access one or more additional lots or parcels, the entire length of such road shall be upgraded to comply with the applicable requirements of this chapter.
Upon application, the Planning Commission may grant an exception from any of the requirements of this chapter for private roads existing on November 14, 2017, after finding that all the following conditions exist:
There are such special circumstances or conditions that strict application of the provisions of this chapter would clearly be impractical or unreasonable. These special circumstances may include topographic, vegetative or drainage conditions, and/or other significant natural features which physically preclude or prevent compliance. These circumstances and conditions shall be clearly identified and described in the application for any exemption.
The granting of the exemption will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which such exemption is requested.
Such exemption will not have the effect of nullifying the intent and purpose of this chapter, the adopted master plan or the Township zoning regulations.
The justification for any exemption is not due solely to financial consideration, which upon approval of the requested exemption would provide a financial benefit.
No other reasonable private road design alternatives are available that would comply with the requirements of this chapter.
That the appropriate officials or consultants designated by the Planning Commission have reviewed and commented on the request for the exemption.
Legal entitlement. Any private road, new, existing or extended, must be located on land affording the absolute and permanent right to install, improve, use and maintain the road for all required ingress and egress.
General regulations.
Special use. Where permitted, private roads constitute and are permitted only as special uses in all zoning districts.
Frontage requirements. All parcels served by a private road shall maintain frontage along the private road right-of-way as would be required to provide the minimum lot width on the road or frontage dimension required for the zoning district in which the parcel is located.
Extensions and additions. All extensions, additions and branches of or to a private road shall be considered part of the private road which provides access to and from an improved public road shall be constructed in compliance with these regulations, except as set forth above.
Permits required; special use grant. No private road shall be constructed, extended or relocated unless a private road construction permit ("permit") has been applied for and obtained, a special use has been granted, and the regulations of the ordinance are complied with. An application for a private road construction permit shall consist of the following materials and documents and once completed and has met Planning Commission approval, shall become the private road permit.
A completed application form, containing the name(s) of the owner(s) and any other parties having any legal interest in the proposed private road and the property on which it is to be constructed along with the time frame and completion date of the project.
A scale drawing, prepared by a Michigan professional engineer and professional surveyor that shows the following:
The exterior boundaries of the lot or parcel on which the private road will be constructed.
The proposed layout, grade, elevation, dimensions, and design of the private road right-of-way and roadway, including the location of proposed ingress from the adjoining public street(s).
The location of all public utilities, including water, sewer, telephone, gas, electricity and all types of communication cable to be located in the private road right-of-way.
The location of any lakes, streams, wetlands and drains in or within 500 feet of the proposed right-of-way.
The proposed layout and location of parcels which can be served by the proposed private road.
The location, description and dimensions of all intersections with other roads.
The location and distance of any private or public roads which the private road will intersect.
A survey of the proposed private road right-of-way prepared by professional surveyor in the state of Michigan.
The location of any buildings or structures located or to be located or to be located within 100 feet of the private road right-of-way.
A proposed maintenance agreement as described in this chapter.
Review and approval procedure. Applications for private road construction permits shall be subject to the procedures applicable to special uses set forth in this chapter. In addition to the procedures for approval of the special uses, applications shall also be subject to the criteria for site plan review and approval set forth in this chapter.
Maintenance and repair.
Private roads shall be maintained in a manner that complies with the provisions of this chapter.
All private roads shall be continuously maintained in such a way that they will not constitute a danger to the health, safety and welfare of the inhabitants of the Township. All private roads shall be continuously maintained so that they are readily accessible to be used by emergency vehicles in all types of weather.
All costs for the maintenance and repair of the private road shall be the responsibility of all property owners and any condominium association or adjacent land, which will be served by the private road. A maintenance agreement and covenant, running with the land, in recordable form, shall be required.
The Township may, in its discretion, give written notice to the owner or the person listed on the tax rolls that a private road contiguous to a certain property is defective or in need of repair. The letter shall set a time before which the repair must be completed by the owner(s), and shall inform the addressee that the specifications for repair and a permit must be obtained from the Township. The notice shall further inform the owner(s) on the tax roll that the Township, after the deadline date has passed, may perform the work and recover the associated costs thereof, including assessment costs, as permitted by MCL 41.721 et seq. If the owner(s) named on the tax roll fails, refuses or neglects to repair the private road within the time specified in the notice, the Township may then cause the work to be done and recover the costs of such by creating a special assessment and levy such assessment against the property, collecting the cost from the person listed on the tax rolls as the owner, and/or placing a lien on the property pursuant to MCL 41.721 et seq.
Design and construction standards. The following table of standards shall apply for each improved portion of a private road:
A private road or interconnected private road and public road system, or any combination of public and/or private roads shall not serve more than 29 residential lots, site condominium units, or dwelling units, unless a secondary means of egress is provided for the entire property served. This secondary access shall meet the minimum standards of this chapter.
The current International Fire Code edition adopted by the Township requires dead-end access roads in excess of 150 feet to be provided with width and turnaround provisions as follows:
Length (feet) | Width (minimum) (feet) | Turnarounds Required |
|---|---|---|
0 to 150 | 20 | None required |
151 to 500 | 20 | 120-foot hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac |
501 to 750 | 26 | 120-foot hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac |
750 + | Required special provisions as approved by the fire code official | |
A private road shall not exceed a grade of 5%. Grades of 6% but not to exceed 10% may require drainage structures. Any private road intersecting another private or public road shall not exceed a 4% grade within 50 feet from the shoulder of the intersecting road.
All private roads shall meet the following:
Serving two to 14 parcels: Appendix A, Item 1 (Gravel Roads).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Serving 15 + parcels: Appendix A, Item 2 (Paved Roads).[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
Road bed placement: In center of right-of-way.
Boulevards: May be permitted through the Planning Commission.
Road crown | (Minimum) Two-tenths of one foot (0.25) from the centerline of the road to outside edge of the road. |
Shoulders | 6 feet (3 feet each side). |
Layout/clear vision | A private road intersecting a public road shall meet the requirements of the road authority. A private road intersecting another private road shall meet the same requirements as a public road. |
Intersection distance | Meet specifications of the road authority. |
Driveway spacing | Meet specifications of the road authority. |
Drainage system-design | Must be adequate to handle surface water. Surface water shall be discharged to, and detained on, land served by the private road. |
Stream crossing | Shall meet local, state, and federal requirements. |
Road name | Must be approved by central dispatch, road authority, and Township Fire Department. The private road shall be given a name and street signs shall be installed in accordance with the standards and approval of the road authority. The address of lots or condominium units serviced by the private road shall be permanently located in a conspicuous place in front of each lot or condominium unit along the private road right-of-way. |
Traffic control | Stop signs, meeting MUTCD (Manual of Uniform Traffic Control Devices) requirements and the policies and guidelines of the road authority for public roads, shall be placed at the intersection of private roads. (Planning Commission may require traffic control device study.) |
Road materials | All materials shall meet the requirements of this chapter. See Appendix A.[3] |
Debris and construction | Any debris, construction material, excess fill material, or other waste resulting from the construction of a private road shall be removed from the right-of-way and from any adjoining property and legally disposed of. |
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
Indemnity. As a condition of applying for and obtaining a private road construction permit, all applicant(s) and owner(s) of a private road shall agree to indemnify and hold the Township, and anyone else authorized by the Township to assist in the private road review process, harmless from any claims for personal injury or property damage out of the construction, use, maintenance or repair of a private road.
Maintenance agreement. The applicant(s) and owners shall provide the Township with a recordable private road maintenance agreement between the owner(s) of the private road right-of-way and any parcel which can be served by it or is adjacent to it, said ownership to be current on the date of recording. The maintenance agreement shall be in a form satisfactory to the Township and shall provide that the private road shall be privately maintained and repaired to assure safe travel at all times and during all seasons of the year. The maintenance agreement shall be a recordable covenant running with the land, binding on all the said parcels.
Certificate of compliance. Upon completion of construction of the private road, the permit holder shall provide the Zoning Administrator with a set of as-built drawings bearing a certificate and statement from a professional engineer certifying that the private road has been completed in accordance with the requirements of the permit issued. Authorized Township personnel shall inspect the private road to determine whether it complies with the approved plans and permit as issued. A certificate of compliance shall be issued by authorized Township personnel if it is determined that the private road has been constructed in compliance with the approved plans and the permit as issued. If the completed private road does not satisfy the requirements of the permit or this section, the applicant(s) shall be notified of the noncompliance in writing and shall be given a reasonable period of time within which to correct the deficiencies. Failure to correct the deficiencies within the time provided shall subject the applicant(s) to the penalties provided for in this chapter. Authorized Township personnel shall have the right to enter upon property where the private road is or will be located to conduct such inspections as may be necessary to administer these regulations.
Building permits for parcels on private roads. No building permits shall be issued for any parcel on a private road unless the applicant demonstrates that the property in question has been conveyed by deed or other instrument complying with the law of the State of Michigan, the Land Division Act, and the Township ordinance concerning land divisions, and that the required notice regarding the existence of a private road serving the property has been delivered and recorded.
Access approval by road authority. No permit shall be issued for a private road until the applicant(s) has presented the Township with a current permit issued by the Muskegon County Road Commission, the state (MDOT) or other appropriate road authority allowing access for the private road to an improved public road, or letter from the road authority indicating that no such permit is required.
Performance guarantee.
The Township will require the applicant(s) to post a performance guarantee in the form of a cash bond, bank letter of credit or other surety in order to insure compliance with the requirements of these regulations.
The amount of the performance guarantee shall be equal to the total estimated cost of construction of the private road as approved by the Township.
The performance guarantee, or unspent portion thereof, will be returned to the applicant(s) by the Township upon completion of the private road to the standards required by this chapter.
The permit fee, by issuance of the permit, consents to the use of the proceeds from the security or guarantee by the Township to complete the private road to the standards of this chapter. Every guarantor or bonding company must agree in writing to this use of the proceeds before the Township will accept the performance guaranty.
Conflict with other ordinances. To the extent that other ordinances regulate the subject matter regulated by this chapter, the ordinances shall be construed together, if possible, and the remedies of the ordinances shall be cumulative. Where the provisions of any other ordinance conflict with the provisions of this chapter, this chapter shall prevail and its terms shall control. If any part of this chapter conflicts with any other part, it shall be administratively appealed to the Township Zoning Board of Appeals for final determination of intent. The remainder of this chapter shall remain in full force.
§ 450-330 Site condominiums.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Purpose and scope.
Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of surface or sub-surface vacant air space within which a building or other improvement may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit. Either the condominium unit by itself, or together with any contiguous, appurtenant limited common element, shall be considered to constitute a building site which is the functional equivalent of a "lot" for purposes of determining compliance with the requirements of this chapter and other applicable laws, ordinances, and regulations. Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets, and other areas available for use by all owners of condominium units within the project.
This section requires preliminary review by the Zoning Administrator and Planning Commission followed by final review and approval by the Zoning Administrator and Township Board of site condominium project plans to ensure that site condominium projects comply with all applicable laws, ordinances, and regulations, including, without limitation, this chapter, and the Condominium Act, Public Act 59 of 1978 [MCL 559.101 et seq.], as amended. Site condominium projects may be approved as provided by this section in any zoning district for the uses permitted by this chapter in the zoning district in which the project is located.
Definitions.
For purposes of determining compliance with the applicable requirements of this chapter (including, without limitation, height, area, yard, and density requirements) or with other applicable laws, ordinances, or regulations, a "building site" shall be considered to be the equivalent of a "lot."
Except as otherwise provided by this chapter, the following words and phrases, as well as any other words or phrases used in this section which are specifically defined in the Condominium Act,[1] shall conform to the meanings given to them in the Condominium Act: "common elements"; "condominium documents"; "condominium unit"; "contractible condominium"; "convertible area"; "expandable condominium"; "general common elements"; and "master deed."
[1]
Editor's Note: See M.C.L.A. 559.101 et seq.
Other terms specific to site condominium projects are defined herein:
The area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project. In a single-family residential site condominium project, the building envelope refers to the area of each condominium unit within the dwelling and any accessory structures may be built.
A building site as related to a site condominium may be considered as either:
The area within the site condominium unit itself (i.e., exclusive of any appurtenant limited common element), including the area under the building envelope and the area around and contiguous to the building envelope; or
The area within the condominium unit (as described above), taken together with any contiguous and appurtenant limited common element.
Public Act 59 of 1978 [MCL 559.101 et seq.], of the State of Michigan, as amended.
The distance between the front line of the building site, and the building envelope.
An area which is appurtenant to a site condominium unit and which is reserved in the master deed for the site condominium project for the exclusive use of the owner of the site unit.
The distance between the rear line of the building site, and the building envelope.
The distance between the side line of the building site, and the building envelope.
A plan or project consisting of not less than two site condominium units established in compliance with the Condominium Act.
The plans, drawings, and information prepared for a site condominium project as required by Section 66 of the Condominium Act [MCL 559.166], and as required by this section for review of the project by the Zoning Administrator, Planning Commission, and the Township Board.
A condominium unit established in compliance with the Condominium Act which consists of an area of vacant land and a volume of surface or sub-surface vacant air space, designed and intended for separate ownership and use as described in the site condominium project master deed, and within which a building or other improvements may be constructed by the condominium unit owner.
Review of preliminary plans by the Planning Commission.
Preliminary review. Prior to final review and approval of a site condominium project plan by the Township Board, a preliminary site condominium project plan shall be reviewed by the Zoning Administrator and the Planning Commission in accordance with the procedures, standards, and requirements provided by this section.
Application. Application for review and approval of a site condominium project plan shall be initiated by submission to the Township Clerk a minimum of 10 copies of a preliminary site condominium project plan which complies with the requirements of Subsection F of this section, and an application fee in accordance with the fee schedule established by resolution of the Township Board.
Review by Zoning Administrator. The Township Clerk shall forward the copies of the preliminary plan to the Zoning Administrator who shall review the preliminary plan to determine its completeness, and to provide any comments to the Planning Commission regarding the plan. If the plan is not complete, it shall be returned to the applicant with a written explanation of any deficiencies. A corrected application may be submitted without payment of a new application fee within six months of the return of any plan to an applicant. If the plan is complete, the Zoning Administrator shall forward it to the Planning Commission on completion of his review together with any comments.
Planning commission review. The Planning Commission shall review the preliminary site condominium project plan in accordance with the standards and requirements of this chapter for site plan review, and in accordance with the following additional standards and requirements:
In its review of a site condominium project plan, the Planning Commission may consult with the Zoning Administrator, Township planner, Township Attorney, Township Engineer, or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design, or other aspects of the proposed project, and compliance of the proposed project with all requirements of the Condominium Act or other applicable laws, ordinances, or regulations.
The building site for each site condominium unit shall comply with all applicable provisions of this chapter, including minimum lot area, minimum lot width, required front, side, and rear yards, and maximum building height. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side, and rear yards shall be determined by measuring the distance from the equivalent front, side, or rear yard boundaries of the building site to the closest respective front, side, or rear boundary of the building envelope. With regard to building height, the condominium documents shall expressly provide that no building shall exceed the maximum building height permitted by the applicable zoning district regulations.
Streets shall be paved and developed to the minimum design, construction, inspection, approval, and maintenance requirements for platted public streets as required by the Muskegon County road commission.
The site condominium project shall be connected to the Township's water and sanitary sewer facilities, if available. The Township's water and sanitary sewer facilities shall be determined to be available if there is municipal water supply main or sanitary sewer line to which connection can be made within 2,640 feet of the site condominiums nearest common element and the connection can be engineered. If public water and sanitary sewer facilities are not available, the site condominium project shall either be served by a private central system designed for connection to a public system when, and if a public system is made available, or shall have a well, septic tank, and drain field located within the condominium unit's building site. Water and sanitary sewer facilities shall be approved by the Muskegon County department of health, and the Township in accordance with applicable standards.
The proprietor shall install street lighting fixtures in accordance with the specifications of the electrical utility which supplies electricity to the site condominium project. A light district shall be established under the provisions of Public Act 80 of 1989 (MCL 41.289 et seq.), as amended. The developer shall petition for the establishment of a street lighting special assessment district under the provisions of said Public Act 80 of 1989 (MCL 41.289 et seq.), as amended. Any cash deposit or bond made under this subsection shall be returned to the developer on application to the Township Clerk after the light fixtures have been installed. The developer shall either:
Install the light fixtures prior to the issuance of any building permits for structures on any site in the site condominium project; or
At the time of application for final approval of the site condominium, deposit with the Township Clerk an amount of money or a bond in a form which is acceptable to the Township Board, equal to the cost of installing the light fixtures and a copy of the petition demonstrating that application for a special assessment district has been made.
Planning Commission recommendations. After reviewing the preliminary site condominium project plan, the Planning Commission shall prepare a written statement of recommendations regarding the proposed site condominium project, including any suggested or required changes in the plan. The Planning Commission shall provide a copy of its written recommendations to the applicant and to the Township Board.
Review and approval of final plans by Township Board.
After receiving the Planning Commission's recommendations on the preliminary plan, the applicant shall submit to the Township Clerk a minimum of 10 copies of a final site condominium development plan which complies with the requirements of this subsection, and of Subsection F of this section. The Township Clerk shall forward the copies of the final plan to the Zoning Administrator who shall review the final plan to determine its completeness, and to provide any comments to the Township Board regarding the plan. If the plan is not complete, it shall be returned to the applicant with a written explanation of any deficiencies. A correct application may be submitted without payment of a new application fee within six months of the return of any plan to an applicant. If the plan is complete, the Zoning Administrator shall forward it to the Township Board on completion of his review together with any comments.
The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the Planning Commission based on its prior review of the preliminary plan. If any of the Planning Commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify in writing which recommendations have not been incorporated, and the reasons why they have not been incorporated. Except for changes made to the plan as necessary to incorporate the recommendations of the Planning Commission, the final plan shall otherwise be identical to the preliminary plan which was reviewed by the Planning Commission. Changes made to the plan other than those necessary to incorporate the recommendations of the Planning Commission shall be reviewed by the Planning Commission as provided by this section prior to approval of the plan by the Township Board.
After receiving the Planning Commission's recommendations on the preliminary plan, and a final site condominium development plan from the applicant, the Township Board shall proceed to review and may approve, deny, or approve with conditions, the plan in accordance with the standards provided by Subsection C, and other applicable procedures, standards, and requirements provided by this section.
As a condition of approval of a final site condominium project plan:
The Township Board shall require that the plan be submitted to the Muskegon County Health Department, Muskegon County Road Commission, Muskegon County Drain Commission, Michigan Department of Natural Resources, Michigan Department of Environmental Quality, Michigan Department of Public Health, and other appropriate state and county review and enforcement agencies ("the agencies") having direct authority over any aspect of the proposed site condominium project. Unless a different time limit for completion of review by the agencies has been established by law or regulation, the review by the agencies must be completed within 120 days after submission of an administratively complete project plan. If no response is received within the applicable time period for review, the approval of the agency or agencies shall be presumed.
The Township Board may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Board covering the estimated cost of improvements associated with the site condominium project for which approval is sought be deposited with the Township as provided by the Zoning Enabling Act (Act 110 of 2006), MCL 125.3101 et seq.
The Township may impose additional reasonable conditions of approval as provided by the site plan review, and any other provisions of this chapter, any other Township ordinance, state law or regulations, or any other applicable law or regulation.
Contents of site condominium project plans. A condominium project plan shall include the documents and information required by Section 66 of the Condominium Act [MCL 559.101 et seq.] and by this section of this chapter as determined necessary by the Planning Commission for review of a preliminary plan or by the Township Board for review of a final plan, and shall also include the following.
The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed.
A storm drainage and a stormwater management plan, including all lines, swales, drains, basins, and other facilities and easements granted to the appropriate municipality for installation, repair, and maintenance of all drainage facilities.
A utility plan showing all water and sewer lines and easements granted to the appropriate municipality for installation, repair, and maintenance of all utilities.
A narrative describing the overall objectives of the proposed site condominium project.
A narrative describing the proposed method of providing potable water supply, waste disposal facilities, and public and private utilities.
A street construction, paving, and maintenance plan for all private streets within the proposed condominium project.
Construction in compliance with approved final site condominium project plan. No buildings or structures shall be constructed nor shall any other site improvements or changes be made on the property in connection with a proposed site condominium project except in compliance with a final site condominium project plan as approved by the Township Board, including any conditions of approval.
Commencement of construction; issuance of permits. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall be commenced by any person and no building, construction, or grading permits shall be issued by the Building Inspector for a site condominium project until:
A final site condominium project plan has been approved by the Township Board;
All conditions to commencement of construction imposed by the Township Board have been met; and
All applicable approvals or permits from appropriate county and state review and enforcement agencies have been obtained for the project.
Expandable or convertible condominium projects. Approval of a final site condominium project plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the Township Board in compliance with the procedures, standards, and requirements of this section.
Revisions of approved final site condominium project plan. Any proposed changes to an approved final site condominium project plan shall be reviewed by the Planning Commission and reviewed and approved by the Township Board as provided by this section for the original review and approval of preliminary and final plans.
Incorporation of approved provisions in master deed. All provisions of a final site condominium project plan which are approved by the Township Board as provided by this section shall be incorporated, as approved, in the master deed for the site condominium project. A copy of the master deed as filed with the Muskegon County register of deeds for recording shall be provided to the Township within 10 days after filing the plan with the county.
Approval effective for one year. Approval of a final site condominium project plan by the Township Board shall be effective for a period of one year. This one-year period may be extended by the Board in its discretion for additional periods of time as determined appropriate by the Board if the extension is applied for by the applicant within the effective period of the approval.
Exemption of existing projects.
This section shall not apply to a site condominium project which is determined by the Township Board to have met the following conditions as of the effective date of this section (an "existing project"):
A condominium master deed was recorded for the project with the Muskegon County Register of Deeds in accordance with the requirements of the Condominium Act and other applicable laws and ordinances; and
The project fully complies with all other applicable requirements under Township ordinances in effect on the date when the condominium master deed was recorded.
The exemption provided by this section shall apply only to an existing project precisely as described in the condominium master deed recorded for the project on the effective date of this section, and not to any subsequent expansion, conversion, or replatting of the project or subsequent modification or amendment to the master deed which shall be fully subject to the review and approval requirements as provided by this section.
§ 450-331 Signs.
[Amended 6-16-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
This section of this chapter is enacted to regulate the size, lighting, spacing, location and manner of display of signs and sign structures as defined by this chapter, in Egelston Township.
Purpose of the sign regulation. The regulation of signs in the Township is for the following purposes:
To protect the health, safety and welfare of Township residents and to enhance the landscape of the Township by regulating signs to prevent problems which arise from excessive size, height, number, lack of spacing, poor or invasive lighting, and, without limitation, other characteristics of signs which adversely affect the community.
To prevent traffic hazards and pedestrian accidents caused by signs which obstruct vision or are distracting or confusing.
To reflect the primary purpose of signing as being the identification of a particular user or use on a property, and to limit off-premises signs.
To retain property values by reducing visual blight caused by signs involving clutter, poor maintenance, glare, distraction of motorists, obstruction of scenic views, and regulating signs in ways to retain aesthetic appeal on properties and surrounding areas.
Signs prohibited. The following signs are expressly prohibited:
Any sign which has flashing, blinking, intermittent, on and off, or directional lighting, and any flashing sign, is prohibited, except for time and temperature signs, electronic message boards, and barber pole signs.
Any sign imitating or resembling traffic or governmental signs or signals.
Any sign not expressly permitted by this chapter.
Motion signs are prohibited.
Signs exempted. The following signs shall be exempt from provisions of this chapter. Even though exempt, all signs listed herein shall conform with the size limitations set forth in this chapter. The said exempt signs are allowed in all districts provided they conform to the general regulations applicable to all signs found in this chapter.
Governmental signs.
Signs for essential services.
Historical markers.
Memorial signs or tablets.
Address and identification signs, having no more than two square feet of area, attached to a mailbox, light fixture or exterior wall.
Political signs, except they must be removed on or before 10 days after the election to which they relate.
Community special event signs, provided they are removed on or before 10 days after the event is completed.
Directional signs.
General regulations applicable to all signs.
Maintenance. All signs shall be maintained in good condition and repair including, without limitation, maintenance of supports and fastenings to prevent deterioration and falling.
Traffic hazards. No sign shall be constructed, erected, reconstructed or located in such a manner as to cause a hazard to vehicle or pedestrian traffic including without limitation visual hazard caused by flashing lights or glare which impairs vision or is unreasonably distracting, or blocking clear views at intersections.
No sign of any sort shall be constructed, erected or reconstructed upon or over any sidewalk, street, alley or other public right-of-way except for government signs. A further exception may be allowed for such sign where the Planning Commission has authorized the encroaching sign as a special use. In considering such authorization, the Planning Commission shall consider the following standards in addition to the special use criteria of this chapter.
Illumination. All illuminated signs shall be lit with electrical power and shall conform with all codes in effect in the Township from time to time. No flashing, blinking, intermittent, on and off or directional illumination is allowed. No open neon lights are allowed. Any sign illumination shall be located so as to prevent any glare or light being directed at any street or at any adjoining property.
No sign shall interfere with, obscure the view of or be confused with an authorized traffic sign.
There shall be no moving component of the sign. Motion signs are prohibited.
No billboard or other freestanding sign shall exceed 30 feet in height measured from the crown of the nearest street, and there shall not be less than four feet measured from the crown of the nearest street to the bottom of any freestanding sign, except a monument sign.
Freestanding sign materials and construction. All freestanding signs, sign structures or poles shall be self-supporting, erected on, and permanently attached to, concrete foundations. Such structures shall be made only from painted steel or other materials approved by the codes in effect in the Township. All materials, walls, supports, wind loads, and sign anchoring shall conform with all codes in effect from time to time.
No signs in the right-of-way or on public property. No sign shall be located in the public right-of-way or on public property, or attached to any tree, utility pole, street sign, traffic control device or any other similar object or affixed to any public building or structure, except as authorized by this chapter or in writing by the Township.
Roof mounting of signs. No sign shall be mounted on a roof, nor shall any sign extend more than four feet above the roof line of a building.
Billboards.
Billboards may be placed in I-2 Zoning only.
No billboard may be placed closer than 2,000 feet from another billboard on the same side of the street.
No billboard shall be closer than 1,000 feet from a billboard on the other side of the street.
No billboard shall be placed more than 1,000 feet from a major, arterial, or primary collector street, intersection, or from an expressway access or exit ramp.
No billboard shall be placed closer than 35 feet to a street right-of-way. This setback requirement shall be modified to conform with any requirement under any state law concerning setbacks, in the event the setback under state law requires a greater distance.
No billboard shall be located closer than 300 feet from the property line of a property upon which a residence is located.
Billboards shall not be stacked or placed one above the other. No more than one billboard shall be permitted on a single location, except that a double faced billboard may be considered one billboard.
No billboard shall have an area as defined in this chapter in excess of 300 square feet per sign face.
Billboards shall require a permit to be issued by the Township. The said permit shall be expired in five years after its issuance and renewal permits shall carry terms of five years. As a condition of renewal, the billboard shall be kept and maintained in good condition and repair, and utilized in full conformance with all the requirements of this chapter. In the event of the failure of the billboard occupant or owner to perform the maintenance and repair requirement by this chapter, the permit may be canceled and the billboard shall be removed. This section does not require amortization of a billboard or a nonconforming billboard. This section concerns the maintenance and repair requirement.
Wall signs. Wall signs shall not project more than 12 inches from the wall.
Signs permitted in zoning districts; specific requirements. In each of the zoning districts in the Township only the signs set forth in this section are permitted. They shall conform to all general regulations in this chapter as well as specific regulations herein.
R-1 and R-2 Residential Districts.
One real estate sign not in excess of six square feet in area, not illuminated and placed entirely within the boundaries of the parcel or lot to which the sign refers.
Construction signs advertising the development of property in a residential, subdivision or condominium project. The said signs shall be removed when 75% of the lots or units within the development have been improved with buildings. They shall not exceed 32 square feet in area.
Subdivision identification signs for a residential subdivision or development, not exceeding 32 square feet in area, and limited to two per residential subdivision or development.
An identifying sign for a lot or condominium unit indicating the name of the occupant, the street address and not exceeding two square feet in size.
Churches, schools and other permitted nonresidential uses within a residential zoning district may erect signs as permitted by a special use permit.
R-5 Agricultural and Resort Districts.
C-1 Commercial Districts.
All signs permitted in the R-1 and R-2 Districts.
One freestanding on-premises sign per public road, street or highway frontage advertising or referring to the activities on the premises which is located in the setback and does not exceed two square feet in area for each five feet of frontage measured at the building setback line for the business premises on which the sign is located, subject to a maximum of 300 feet each. All such signs shall be located out of the public right-of-way. Said sign may not be over or under public utilities. Additional setback may be required through site plan approval.
Portable signs are permitted for a period of 30 days advertising a new business.
C-2 Commercial Districts. All signs permitted in the C-1 District subject to the same conditions, restrictions and requirements as provided in that district.
I-1 and I-2 Industrial Districts.
All signs permitted in the R-1 and R-2 Zoning District subject to the same conditions set forth therein except real estate signs located in industrial districts may have up to 32 square feet in area.
Wall signs attached to buildings provided the area of the sign does not exceed 2% of the total area of the wall to which it is attached or 100 feet whichever is lesser.
A freestanding on-premises sign in a front yard setback provided the sign does not exceed 48 square feet in area or 2% of the area of the front wall of the building, whichever is greater; however, the height of the sign shall not exceed four feet. Such freestanding sign shall be appropriately landscaped.
An identifying sign erected at the entrance to an industrial park or cluster of industrial properties, naming the park or cluster and the industries located therein. Such sign may be freestanding or attached to a wall or fence and shall be appropriately landscaped. The sign may have an area not exceeding 48 square feet.
Billboards when authorized by the Planning Commission as a special use, must be placed in I-2 only. All such billboards shall comply with the general regulations of the Township ordinances concerning billboards.
Nonconforming signs. Every permanent sign which lawfully exists at the time of the adoption of this chapter or amendments thereto but which does not conform to the requirements of this chapter, (except for a sign the physical condition of which threatens life or safety), is deemed nonconforming. Such nonconforming signs may not be expanded, enlarged or extended, but may be maintained and repaired. A nonconforming size may be diminished in size or dimension without adversely affecting its nonconforming status; however, after any reduction in size or dimension, any later increase shall be considered an expansion and is prohibited.
Permits. Except for signs declared exempt under this chapter, no sign shall be erected, enlarged or placed without a permit issued by the Township. Permits will be issued by the Zoning Administrator, but any application for a permit may be referred to the Planning Commission if their determination is required by this chapter or in the event the Zoning Administrator deems it advisable to seek a recommendation of the Planning Commission. The Planning Commission shall not have variance powers; any such appeal from a decision of the Zoning Administrator shall be made to the Zoning Board of Appeals.
Application. Application for a permit shall include a site plan indicating the location and an illustration of the sign, (not necessarily its content except to show the type of sign), including all dimensions necessary for any determination. The said site plan shall include information showing the relationship or distance from buildings and other structures, setbacks, etc. In addition, to-scale drawings of the plans and specifications for the sign shall be provided. Electrical and other code compliance permits or applications therefor shall be submitted.
Issuance. The Zoning Administrator shall issue a sign permit if all the provisions of this article and all other ordinances of the Township are satisfied. The permit shall expire after six months if construction not begun. Fees shall be required for every permit, the amount to be determined by the Township Board by resolution.
Exempt signs. Permits are not required for signs set forth as exempt in this article.
§ 450-332 Open space preservation projects.
[Amended 6-5-2007]
Purpose and applicability.
The purpose of this section is to adopt open space preservation provisions consistent with the requirements of the Michigan Zoning Enabling Act. Section 506 of the Zoning Enabling Act[1] requires that zoned townships having a population of 1,800 or more and having undeveloped land zoned for residential purposes must adopt zoning regulations to permit "open space preservation" developments.
[1]
Editor's Note: See MCL 125.3506.
Under these regulations, a landowner has the option to retain at least 50% of the property as open space and placing dwelling lots on the remaining portion. The number of dwelling structures and lots cannot be more than the number which would be permitted on the land without the open space preservation regulations, nor may the Township require less than the number of dwelling lots which would be permitted on the land without the open space preservation regulations.
This section shall only apply to open space preservation projects supporting single-family detached residential dwellings in qualifying residential zoning districts and where no open space option has been previously exercised.
Qualifying conditions.
The option to develop land under the provisions of this section may be exercised only if each of the following conditions is satisfied:
If the land is not served by a public sewer system, the zoning district in which the land is located permits development at a density equivalent to two or fewer single-family dwelling units per gross acre; or if the land is served by a public sanitary sewer system, the zoning only permits development at a density equivalent to three or fewer single-family dwelling units per gross acre. Under these terms, as of the effective date of these provisions, these provisions shall only apply to the R-1, R-2, R-3 and R-5 Zoning Districts;
The development of land under this section shall not depend upon the extension of a public sanitary sewer or a public water supply system to the land, unless the development of the land without the exercise of the clustering option provided by this section would also depend on such extension; and
The clustering option provided pursuant to this section shall not have previously been exercised with respect to the same land.
If all of the preceding conditions are satisfied, the land may be developed, at the option of the landowner, in accordance with the provisions of this section.
Permitted uses. Only single-family residential dwellings and accessory land uses thereto, as permitted by the zoning district in which the land is located, shall be permitted on land developed or used pursuant to the provisions of this section.
Development requirements.
Required open space. At least 50%, of the land proposed for development under the provisions of this section shall remain in a perpetually undeveloped state (i.e., "open space") by means of conservation easements, plat dedication, restrictive covenants, or other legal instrument that runs with the land. Such open space may be dedicated to the public, may be held in common in private ownership, or may be privately held by one or more individuals. Each distinct form of open space shall be so designated on the site plan.
Areas not eligible. The following areas shall not constitute open space:
The area within all public street rights-of-way.
The area within all private street easements.
Any easement for overhead utility lines, unless include within or is adjacent to open space.
The area within a platted lot or site condominium unit or metes and bounds parcel occupied by a structure not permitted to be located in open space.
Off-street parking and/or loading areas.
Detention and retention ponds.
Golf courses.
Community drain fields.
50% of the area of wetlands, creeks, streams, ponds, lakes or other bodies of water.
50% of the area of floodplains and steep slopes (20% or over).
Areas within building envelopes.
Standards for open space. The following standards shall apply to the open space required pursuant to this section:
The open space may include a recreational trail, picnic area, children's play area, greenway, linear park, an agricultural use or other use which, as determined by the Planning Commission, is substantially similar to these uses.
The open space may be, but is not required to be, dedicated to the use of the public.
At least 50% of the open space shall be either dedicated to the public or held in common and be available for all residents of the development, subject to reasonable rules and regulations.
If the land contains a lake, stream or other body of water, the Planning Commission may require that a portion of the open space abut the body of water.
A portion of the open space shall be located along the public street abutting the land. The depth of this area shall be at least 50 feet, not including public right-of-way, and this area shall be left in its natural condition or be landscaped to help reduce the view of houses on the land from the adjacent roadway and to preserve the rural view.
A portion of the open space held in common shall be reasonably usable by the residents of the land for passive recreational uses such as hiking or picnicking.
Open space dedicated to the public or held in common shall be located to be reasonably accessible by safe, convenient and appropriately located pedestrian access points.
Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, wetlands or agricultural land. If these types of land features are not present on the land, then the open space shall be located, along the road frontage as indicated in Subsection D(3)(e) or as buffer between other adjacent land uses.
Where feasible, open space shall be linked with any adjacent open spaces, public parks, bicycle paths or pedestrian paths.
Use of open space. All dwelling units and other structures and improvements shall be located outside that portion of the land designated as open space. However, the Planning Commission, it its discretion, may permit structures or improvements to be located in the open space if the structures and/or improvements would be consistent with the designated purpose of the open space. By way of example, park or playground equipment could be permitted on open space designated for recreational use, or agricultural structures could be permitted on open space designated for agricultural use.
Application and review procedure; review by the Planning Commission. Except as otherwise provided in this section, the application requirements and review procedures for land proposed to be developed pursuant to the provisions of this section shall be those governing site plans, as outlined in Article V of this chapter.
Additional review procedures. For any development proposed as a platted subdivision or a site condominium development, all procedures and information required for subdivision review under Chapter 245, Land Division, and Chapter 360, Subdivisions, or for site condominium review and approval under § 450-330 of this article shall also be required, as applicable. Such additional preliminary plat or preliminary site condominium review procedures may, at the discretion of the Planning Commission, occur concurrent with, or subsequent to, the review procedures required herein, but not prior to open space preservation project approval. Any development project permitted by these provisions which is to be governed as a land division under Chapter 245, Land Division, § 245-4, must be approved prior to application for land division under § 245-5.
Required submittals. In addition to the site plan application materials required by Article V, an application for the development of land under the provisions of this section shall include the following:
Existing zoning plan. An existing zoning plan prepared for demonstrating the number of dwelling units that could be developed on the land under its existing zoning if the clustering option provided by this section were not exercised. The existing zoning plan may be conceptual in nature but shall include at least the following information:
Date, North arrow and scale, which shall not be more than 1 inch = 100 feet. The scale shall be the same as the scale utilized for the site plan illustrating the proposed open space preservation project permitted by this section.
Location of existing and proposed streets and joint access driveways.
Location of all lots, illustrating the lot area and width of each lot and demonstrating compliance with the minimum requirements of the applicable zoning district.
Location of all utilities necessary to serve a development under the existing zoning plan, including those which would not be located within a public road right-of-way, private street easement or buildable lot area. Such utilities include, but are not limited to, stormwater retention or detention basins, community sewage treatment systems and community water supply facilities.
If development under the existing zoning plan will require the use of private wells, septic tanks and drain fields, the applicant shall submit evidence that the proposed ground water supply and septic tank and drain field location for each lot would be approved, or has been approved, by the Muskegon County Health Department.
The existing zoning plan shall illustrate all un-buildable land, which shall include slopes of 20% or greater, regulated and unregulated wetlands, public utility easements, floodplains, and other similar features which limit or prevent construction of buildings or roads. Each lot shown on the existing zoning plan shall contain at a minimum, a concise, unrestricted building footprint area, exclusive of all required setbacks and yards, of 6,000 square feet or greater.
Open space preservation project site plan. The site plan for the cluster development option permitted by this section shall include the following minimum information, in addition to that required by Article V of this section:
Date, North arrow and scale which shall not be more than 1 inch = 100 feet, and, in all cases, the scale shall be the same as that utilized for the existing zoning plan.
The site plan shall clearly illustrate the portions of the land that are proposed to remain in a perpetually undeveloped state and the portions of the land that will be used for clustered development.
The site plan shall indicate the total number of acres of land that are proposed to remain in a perpetually undeveloped state, the total number of acres of land that are proposed to be used for clustered residential lot development, the total acres that are proposed to be used for streets and other easements that are subject to utility use, and the percentage of each, as compared to the total site acreage.
The site plan shall illustrate the location of all proposed lots and proposed building envelopes and shall indicate the lot area and width of each lot, and the proposed front, side and rear yard building setbacks. The number of proposed dwelling lots on the site plan shall not exceed the number of lots on the existing zoning plan, as approved by the Planning Commission, and reduced to accommodate nondwelling structures, if necessary, as described in Subsection F(10) of this section.
The site plan shall illustrate the location and type of all proposed structures or improvements that are not dwellings.
If the clustered development will include septic tanks and drain fields, the site plan shall illustrate the location of all septic tanks and drain fields. The applicant shall submit proof that the proposed septic tank and drain field location for each lot has been approved by the Muskegon County Health Department.
Conservation easements and restrictive covenants.
A draft copy of the proposed conservation easements, plat dedications, restrictive covenants, or other legal instruments that are to run with the land, and that will have the legal effect of preserving the open space required by this section in an undeveloped state, in perpetuity, shall be submitted.
The proposed legal documentation shall, at a minimum:
Indicate the proposed permitted use(s) of the undeveloped open space.
Require that the open space be maintained in perpetuity in an undeveloped condition, without buildings, structures or other improvements, except such engineered drainage improvements, utility lines, riding trails, hiking trails, picnic areas, park or playground equipment, agricultural structures or similar improvements that are approved by the Planning Commission.
Require that the undeveloped open space be maintained by parties who have an ownership interest in the undeveloped open space.
Provide standards and limitations for maintenance of the undeveloped open space, including pruning and harvesting of dead and diseased trees and new plantings.
Compliance with street standards. If the development is to be served by public streets, plans and evidence shall be require indicating that the design, layout and construction of the streets will meet the standards of the local road authority and that such streets will be accepted by the road authority. If the streets are to be private, plans shall be submitted meeting the Egelston Township private road standards contained in Article III, § 450-329.
Determination of number of lots by the Planning Commission. When reviewing an application submitted under the terms of this section, the Planning Commission shall determine whether the existing zoning plan accurately reflects the number of detached single-family dwelling units that could be developed on the land under its existing zoning if the clustering option provided by this section were not exercised. If the Planning Commission determines that the number of dwellings illustrated on the existing zoning plan exceeds the number of dwellings that could be permitted on the land if it were developed under its existing zoning, if the clustering option provided by this section were not exercised, the applicant shall submit a revised site plan for the clustering option reflecting the permitted number of dwellings, as determined by the Planning Commission.
Approvals.
Prior to project approval by the Planning Commission, all proposed legal documents shall be reviewed and approved by the Township Attorney who shall assure the following:
That the proposed manner of holding title to the preserved open land is acceptable to the Township.
That the proposed restrictions will adequately preserve the natural features and regulate the use of the open land.
That the restrictions can be enforced by all property owners and by the Township.
If an open space preservation project site plan and all other submittals satisfy all requirements of this section, and all conditions of approval imposed by the Planning Commission pursuant to Article V of this chapter, the Planning Commission shall approve the proposed project. If the open space preservation project option permitted by this section is proposed as a platted subdivision or a site condominium development, the applicant shall be required subsequently demonstrate compliance with all requirements and procedures of Chapter 245, Land Division, Chapter 360, Subdivisions, or Article III, § 450-330 of this article, as applicable.
General design standards.
Water and sanitary sewer. Open space preservation projects shall be served by public water supply and sanitary sewer system or a private community water supply or sanitary sewer system as established under applicable Township utility ordinances and policies or by private wells and septic systems subject to the approval of the Muskegon County Health Department when such collective means of water supply or wastewater collection and treatment are not reasonably available.
Minimum lot sizes and setbacks. In order to accommodate both the required open space and the number of lots permitted according to the existing zoning plan the Planning Commission shall allow a reduction in the minimum lot size and building setback requirements of the zoning district in which the open space preservation project is located. The following minimum lot sizes shall be required unless it is demonstrated that a waiver is required:
Zoning District | Minimum Lot Size1 | Minimum Lot Width* (feet) | |
|---|---|---|---|
R-1, R-2 and R-3 Districts without public or community sanitary sewer3 | 10,000 square feet2, 3 | 85 | |
R-1, R-2 and R-3 Districts with public or community sanitary sewer | 6,000 square feet | 65 | |
R-5 Districts without public or community sanitary sewer3 | 5 acre | 2.0 acres2, 3 | 165 |
2.5 acre | 1.0 acre2, 3 | 120 | |
1 acre | 21,000 square feet2, 3 | 90 | |
R-5 District with public or community sanitary sewer | 13,000 square feet | 85 | |
1 | The Planning Commission shall adjust the minimum lot size and/or lot width requirements of one or more lots to achieve the required 50% open space allotment and the maximum number of lots allowed as demonstrated on an approved existing zoning plan, only if a practical difficulty in meeting the stated minimums is demonstrated and only when such adjustments are the minimum necessary. |
2 | Subject to individual septic system and domestic well approval of the Muskegon County Health Department. |
3 | Subject to an Egelston Township determination of sanitary sewer availability and utility improvement standards for platted and site condominium subdivisions. |
Compliance with zoning district. The development of land under this section shall comply with all requirements of this article applicable to the zoning district in which the land is located, except for the lot size and lot width requirements. The minimum front, side and rear yard setback standards are:
Maximum number of lots. The open space preservation project shall contain no more than the maximum number of lots as determined from the existing zoning plan approved by the Planning Commission under this section.
Perimeter lots. Notwithstanding any other provision of this section, the Planning Commission may require that the open space preservation project be designed and constructed with lot sizes and setbacks or open space buffers on the perimeter that will create transitional net densities reasonably consistent with the lot sizes and setbacks of adjacent uses (planned or existing).
Sidewalks. In the event that the Township has adopted uniform sidewalk installation, maintenance and construction policies and standards sidewalks, consistent with such policies and standards shall be required.
Grading. Grading shall comply with the following requirements:
All graded areas, cuts and fills shall be kept to a minimum. Specific requirements may be placed on the area of land to be graded or to be used for building, and on the size, height, and angles of cut-and-fill slopes and the shape thereof.
All areas indicated as open space on the approved development plan shall be undisturbed by grading or excavating, except as specifically approved by the Planning Commission.
Uniform lot size. Lots for dwellings in the clustered portion of the development shall be as uniform in area as is reasonably practicable.
Building envelopes. The location and area of building envelopes, as proposed by the applicant, shall be subject to the review and approval of the Planning Commission. Building envelopes shall not be located on steep slopes, or in positions that will negatively impact wetlands or other environmentally sensitive areas.
Non-dwelling-unit structures. Lots containing non-dwelling structures, such as a clubhouse and its related amenities or an accessory building, shall be subject to all requirements of this section applicable to lots containing dwellings and shall further be subject to all other requirements of this article and other Township ordinances applicable to the type of structure proposed. If structures other than dwellings, such as a clubhouse, are constructed on a lot in the clustered portion of the land, the number of dwelling lots permitted in the clustered portion of the land shall be reduced as follows:
The area of a lot or lots occupied by non-dwelling structures shall be calculated and then divided by minimum required dwelling lot area. If this number derived is a fraction, it shall be rounded up to the nearest whole number. The number calculated shall then be subtracted from the number of dwelling lots that could be permitted in the clustered development in the absence of the non-dwelling structures to determine the maximum number of dwelling lots permitted along with the non-dwelling structures included.
Other laws. The development of land under this section is subject to all other applicable Township ordinances, state and federal laws, rules and regulations, including, but not limited to, rules relating to suitability of groundwater for on-site water supply for land not served by a public water system, and rules relating to the suitability of soils for on-site sewage disposal for land not served by public sanitary sewers.
Amendments to an approved site plan.
An approved clustered site plan and any conditions imposed upon its approval shall not be changed except upon the mutual consent of the Planning Commission and the applicant, except as otherwise stated below with respect to a minor change.
A minor change may be approved by the Zoning Administrator who shall notify the Planning Commission of the minor change and that such change does not substantially alter the basic design or conditions required for the plan by the commission. The following items shall be considered minor changes:
The Zoning Administrator may refer any decision regarding any proposed change in an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator shall consult with the chairperson of the Planning Commission.
Should the Zoning Administrator determine that a requested change in the approved site plan is not minor, re-submission to the Planning Commission for an amendment shall be required, and the consideration thereof shall take place in the same manner as for an original application.
Definitions. Words and phrases used in this section, if defined in the Zoning Enabling Act, shall have the same meaning as provided in the act.
§ 450-333 Wind turbines and related structures.
[Amended 8-16-2010(2)]
Definitions.
Equipment which converts wind energy into electricity through the use of a turbine generator and includes turbine, blade, tower, base, transformer and all associated equipment and apparatus.
Permitted use. A building-mounted wind turbine or a freestanding wind turbine which is 60 feet or less in height shall be considered a permitted accessory use in any zoning district if it meets the following standards and requirements.
All wind turbines shall comply with the Egelston Township Building and Electrical Codes. Code permit applications shall be accompanied by a drawing of the wind turbine structure including its location on the property.
All components of the wind turbine shall conform to applicable state and national codes and standards.
Wind turbines shall be kept in the original manufactured color.
Wind turbines shall not be artificially lit except as required by law.
Wind turbines shall not display advertising.
A freestanding wind turbine shall be set back from the nearest property line a distance at least equal to the turbine's maximum height.
The owner shall, at its expense, complete decommissioning of a wind turbine within 12 months after it ceases useful operation.
All wind turbines shall have lightning protection.
The owner shall take reasonable steps to avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the wind turbine.
All wind turbines connected to a utility grid must comply with all applicable requirements of the Michigan Public Service Commission and the owner's electricity supplier.
Wind turbines must be kept and maintained in good repair and condition at all times and shall not pose a safety hazard.
The ambient sound level from a wind turbine shall not be in excess of 50 decibels at the nearest property line.
The owner shall take reasonable steps to minimize shadow flicker to any occupied building or structure on adjacent or neighboring property.
Special land use. Freestanding wind turbines and anemometer towers exceeding 60 feet in height shall be considered a special use in any district, subject to the Planning Commission site plan review requirements of Article V and the special land use permit requirements of Article VI. The site plan and special land use permit application shall also contain the following information and demonstrate compliance with the following requirements:
A drawing of the project signed or stamped by a licensed professional engineer, including a narrative describing the project, its location, the approximate generating capacity of the wind turbine or project, the height and location of the turbine or turbines to be constructed and a description of all ancillary facilities and transmission lines.
Each proposed wind turbine or anemometer tower shall be set back from any adjoining property line or public road a distance equal to 1.5 times the height reached by any part of the turbine or tower.
Wind turbines and anemometer towers shall be kept in the color in which they are manufactured.
Wind turbines and anemometer towers shall not be artificially lit except as required by law.
Wind turbines and anemometer towers shall not display advertising.
The ambient sound level from a wind turbine shall not be in excess of 50 decibels at the nearest property line.
The project will not cause disruption or loss of radio, telephone, television or similar signals to any adjacent or neighboring property.
The project will not be the source of shadow flicker to any occupied building or structure on adjacent or neighboring property.
Written approval, if required, from the Michigan Public Service Commission and any public utility to which the project may be connected.
Appropriate measures to insure public safety, including, but not limited to, warning signs, fencing, emergency contact information, and an emergency plan appropriate to the size and scope, of the project.
A decommissioning plan describing the intended disposition of the wind turbine project facilities at the end of their useful life. The plan shall describe any agreement with the land owner regarding equipment removal upon termination of any lease.
§ 450-334 Conditional zoning.
[Added 9-17-2018]
The Township recognizes that in certain instances, it may be advantageous to the Township and to property owners to review amendments to the Zoning Map subject to certain conditions. Accordingly, it is the intent of this section to implement the provisions of Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), authorizing an owner to voluntarily offer and a Township to approve, certain use and development of land as a condition to the rezoning of such land ("conditional rezoning"). It is the intent of the Township that a petition for conditional rezoning be considered only in the event that the conditions offered by the petitioner are voluntary, and are adequate, in the opinion of the Township, to address any potentially negative effects of the rezoning on the health, safety, general welfare, and comfort of the residents of the surrounding property, neighborhood and Township.
Definitions. For purposes of this section, these terms shall be defined as follows:
A written offer with specific terms and conditions, voluntarily submitted by the property owner, for certain use and development, as a condition to a rezoning of land or an amendment to the Official Zoning Map.
A plan for re-zoning of a property, subject to certain conditions proposed by the property owner, including legal descriptions, drawings and narrative descriptions of the proposed development, and a timetable, as set forth below.
Eligibility. The following conditions of eligibility shall apply to a petition for conditional rezoning:
A petition (offer) may be submitted only by the titleholder of the land proposed for rezoning or a potential owner contingent on approval of the rezoning. A potential owner must provide documentation such as a purchase agreement signed by both parties. The applicant shall attest to his authority to subject the land to the conditions offered, by execution and recordation of such conditions, covenants, and restrictions as may be required to legally and permanently bind the owner, its heirs, assigns, and successors in interest.
A petition (offer) may be considered for land in any zoning district, for rezoning to any other zoning district, provided such rezoning shall meet or exceed the minimum standards set forth below.
A petition (offer) shall propose a rezoning of the land to a new zoning classification, and shall, as part of such proposal, include certain voluntary site-specific development and/or use conditions materially restricting the development and/or uses otherwise allowable under the proposed new zoning classification. The petition shall not propose any development and/or use not otherwise allowable under the proposed new zoning classification.
A conditional rezoning plan shall be considered by the Township Board only in conjunction with approval, on recommendation of the Planning Commission, of a corresponding conditional rezoning petition and subject to such site plan, special land use, plat, and/or condominium approvals as may be required.
Minimum standards. A petition shall be considered for approval only when it is determined by the Township, in its sole discretion, that the conditional rezoning meets or exceeds the following minimum standards:
The proposed rezoning will benefit the public interest, such that the expected benefits of the rezoning, subject to the conditions offered, clearly outweigh any reasonably foreseeable detriment.
The proposed rezoning shall include conditions sufficient to assure the integration of the proposed development and use with the surrounding land uses and to protect the public health, safety, and welfare.
The specific uses proposed in conjunction with the rezoning do not adversely affect the public utility or traffic systems, drainage or the environment.
Permitted conditions and limitations. The following conditions of use and/or development of the land proposed for rezoning may be included in the petition for conditional rezoning, provided such conditions are voluntarily proposed by the petitioner; are in response to, and roughly proportionate to, the impacts of the proposed development and use of the property; and otherwise satisfy the conditions and standards set forth above:
Conditions detailing the permitted uses of the development.
Conditions on the location, size, height, or other physical characteristics of any structures or improvements proposed for development on the land.
Conditions limiting the density of development or the intensity of the use, including but not limited to the specific types of uses and hours of operation, of the land proposed for rezoning.
Conditions related to drainage, water and sewer capacity and quality, and adequacy and effect on other public utilities in the area.
Conditions related to traffic volume, flow, and management affected by the proposed development and use.
Conditions related to the preservation of natural features, resources, open space, and buffers located on, or impacted by development of the land proposed for rezoning, including provisions to assure permanent maintenance of the same.
Such other conditions as may be deemed important to the development and to the protection of public interests.
Conditional rezoning petition and review process. Subject to the criteria for eligibility and standards set forth above, a petition may, at the sole election of the petitioner, voluntarily offer any conditions and/or limitations on the development and/or use of the land proposed for rezoning, as set forth above. Such petition shall be entitled a petition for conditional rezoning, and shall be subject to the review procedures, requirements, and approvals set forth herein.
Petition requirements. The petition for conditional rezoning shall contain or be accompanied by:
If changes to the property site are part of the conditional rezoning petition, a site plan for development and use drafted by an architect or engineer, which plan shall include drawings and descriptions in sufficient detail for the Planning Commission to identify areas of potential concern in the proposed development and use of the land and to preliminarily evaluate the adequacy of the proposed conditions to address those concerns. The conditional rezoning petition shall not replace the requirement for site plan, special land use, subdivision, or condominium approval as applicable, but shall, generally, contain those provisions required by Article VIII of this chapter.
A narrative description of the proposed development and use, and all proposed conditions and limitations thereon.
A narrative analysis of the anticipated impact of the proposed development and use on the community, as well as the relationship of proposed conditions and limitations to these anticipated impacts. Such analysis shall include a review of surrounding zoning classifications, adequacy of existing and proposed infrastructure, utilities, and services, traffic volume and flow, access management, air quality, noise levels, and other related factors affecting the health, safety and welfare of the community.
A proposed timetable for completion of the development.
A legal description of the land to which it pertains.
Fees. The petition shall also be accompanied by the fees set forth in the Egelston Township Fee Schedule, which fees shall be sufficient to defray the costs of the review of the petition by the Planning Commission, and the expenses incurred by the Township for consultant review, drafting, publication, hearings, recordation, and other related expenses.
Preliminary conference. On receipt of a petition that meets the requirements of this chapter, the planning/Zoning Administrator shall schedule a preliminary conference with the petitioner and the Township supervisor to determine the eligibility of the petition and the validity of the conditions for rezoning.
Optional preliminary review. Following a determination of eligibility, the petition may be forwarded for preliminary review by the Planning Commission. If requested by the petitioner, the Planning Commission shall review the petition and informally address any concerns relative to the development or use proposed in the petition. No opinion expressed by the Planning Commission shall be construed as an approval, or guarantee of approval, of the rezoning.
Formal Planning Commission review. Upon completion of the preliminary conference and optional preliminary review, if elected, a petition meeting the petition and eligibility requirements shall be submitted to the Planning Commission for formal consideration pursuant to this chapter. Following notice and a hearing in accordance with M.C.L. § 125.3103 et. seq., the Planning Commission shall complete its review of the petition, and shall report its findings of fact along with its recommendations to the Township Board.
Township Board review. Upon receipt of the Planning Commission's recommendations to the Township Board, the petition for rezoning shall be scheduled for consideration by the Township Board. Based on the findings of fact reported by the Planning Commission, the Township Board may, in its sole discretion, and based upon the standards set forth herein, approve or deny the petition. The Township Board shall state its decision along with the basis for the decision on the record.
Implementation and enforcement. Following approval of a conditional rezoning by the Township Board, the Township shall implement and enforce the rezoning pursuant to the terms of this chapter, and shall also provide notice and monitor compliance as follows:
Zoning Map. The Zoning Map shall be amended to indicate the new zoning, along with a notation that the zoning is "conditional." The new zoning classification shall govern development and use of the land, subject to all terms and conditions contained in the approved petition,
Enforcement. The planning/Zoning Administrator shall review all development and use of the property for compliance with the new zoning classification, subject to the terms and conditions of the approved petition. Any development or use of the land in violation of the terms and conditions of the approved petition, or of the new zoning classification, shall, in the sole discretion of the Township Board, result in reversion to the zoning classification applicable just prior to the conditional rezoning. Reversion shall be accomplished in accordance with this section except that the findings of fact necessary to support reversion shall be limited to those evidencing a breach of the approved petition. Upon rezoning following a breach of the approved petition, the property shall be returned to a state of compliance with the zoning classification and ordinance provisions then applicable.
§ 450-335 Marihuana businesses.
[Added 11-20-2023]
In addition to all requirements of the Township Code of Ordinances and any other requirements of this chapter or Township ordinances or resolutions, and any conditions imposed by the Planning Commission in granting special use approval, all medical marihuana facilities and adult-use marihuana establishments must comply with the following requirements.
Medical marihuana facilities must comply with the MMMFLA and the MMMFLA rules, as well as any other applicable state laws or regulations.
Adult-use marihuana establishments must comply with MRTMA and the MRTMA rules, as well as any other applicable state laws or regulations.
Equivalent licenses are permitted, if approved by the State of Michigan.
Co-located facilities or establishments are permitted, subject to the following requirements:
The co-location must be approved by the State of Michigan.
A maximum of one of each license type may operate on a single parcel. By way of example and not limitation, this provision allows one adult-use grower and one adult-use retailer to be co-located on the same parcel, but it does not allow two adult-use retailers to be co-located on the same parcel. For purposes of this subsection, "parcel" means a parcel designated on the Township's assessment roll for property tax purposes, regardless of the number of street addresses assigned to the parcel or the number of buildings or units on the parcel.
Stacked grower licenses are prohibited.
Excess grower licenses are prohibited.
Facilities and establishments must be sufficiently screened or buffered with a fence, wall, or landscape screen to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties.
Special use applicants must provide a plan for the storage and disposal of marihuana or chemicals associated with marihuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure. This plan must be included with the site plan application.
No marihuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marihuana overnight in an outdoor waste bin or a secure transport vehicle parked outdoors.
Signage for facilities and establishments may be approved pursuant to the standards provided in § 450-331, with the additional restriction that facility signage may not depict marihuana, marihuana-infused products, or marihuana-related paraphernalia.
Marihuana facilities and establishments must comply with all applicable building, fire, plumbing, and electric codes.
Marihuana facilities and establishments must control and eliminate odor as follows:
Any building in which marihuana is stored, processed, or located must be equipped with an activated air scrubbing and carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter and air scrubbing system.
The filtration system must consist of one or more fans, activated carbon filters and be capable of scrubbing the air prior to leaving any building. At a minimum, the fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
The air scrubbing and filtration system must be maintained in working order and must be in use at all times. The filters must be changed per manufacturers' recommendation to ensure optimal performance.
Negative air pressure must be maintained inside the building.
Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
An alternative odor control system is permitted if the special use applicant submits a report by a mechanical engineer licensed in the state of Michigan sufficiently demonstrating that the alternative system will eliminate odor as well or better than the air scrubbing and carbon filtration system otherwise required.
The following minimum-distancing regulations apply:
A facility or establishment may not be located within 1,000 feet of an existing public or private K-12 school and may not be located within 500 feet of a church or a licensed day-care center. This distance is computed by measuring a straight line between the two closest points of any buildings on the subject parcels.
The following additional requirements apply to provisioning centers and retailers:
Operational requirements.
Provisioning centers and retailers may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m.
Provisioning centers and retailers may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m.
The interior of the facility must be arranged in a way such that neither marihuana nor marihuana-infused products are visible from the exterior of the facility.
Consumption of marihuana shall be prohibited in the retail facility, and a sign shall be posted on the premises of each retail center indicating that consumption is prohibited on the premises.
Provisioning centers and retailers shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a minimum period of 14 days.
Provisioning centers and retailers shall install, maintain, and consistently use a security alarm system that meets industry standards for building and inventory security.
The public or common areas of the provisioning center or retailer must be separated from restricted or non-public areas.
No drive-through window on the portion of the premises occupied by a provisioning center or retailer shall be permitted.
Provisioning centers and retailers shall not allow the sale, consumption, or use of alcohol or tobacco products on the premises.
Provisioning centers and retailers must prohibit loitering within 100 feet of the building.
Design requirements.
Appearance. The exterior appearance of a provisioning center must be compatible with surrounding businesses with respect to facade type, ground floor opacity, size, placement of signage, and site layout.
Facades. Facades that face streets or connecting pedestrian frontage shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, or awnings along no less than 50% of the facade.
Entrances. Primary building entrances shall use clear glass and be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the inclement weather.
Awnings. Awnings shall be no longer than a single storefront.
Lighting. Entrances and exits must be illuminated with at least a 100 watt bulb. The area within 50 feet of each entrance and exist must be clear of obstructions, such as plants, shrubbery, or signs.
The following additional requirements apply to growers:
Cultivation must occur within an enclosed building with exterior facades consisting of opaque materials typical of an industrial or commercial building. The roof of the building may be constructed of a rigid transparent or translucent material designed to let in light, such as glass or rigid polycarbonate or fiberglass panels. Films or other non-rigid materials cannot be used to construct any component of the building's exterior structure.
Cultivation must be conducted in a manner to minimize adverse impacts on the Township's sanitary sewer system.
Buildings must not be accessible by the public.
Special use permit specific to applicant. Any special use permit granted for a medical marihuana facility or an adult-use establishment is unique and specific to the applicant and does not run with the land. The special use permit may be transferred to another medical marihuana facility or adult-use marihuana establishment only with Township Board approval.
Violations; remedies; revocation. Notwithstanding any other provision in this chapter to the contrary, penalties for violations of this section shall be as follows:
If at any time an establishment or facility violates this chapter, any condition imposed through a special use permit, or any other applicable Township ordinance or state law or regulation, the Township may take any or all of the following actions:
The Township may request that LARA revoke or refrain from renewing the facility or establishment's state operating license.
Following notice and a public hearing, the Township may revoke the facility or establishment's special use permit.
The Township may seek other appropriate and proper remedies, including actions in law or equity.