This chapter is based upon the township general master plan and is designed:

(1)

To promote the public health, safety and general welfare;

(2)

To encourage the use of land in accordance with its character and adaptability and limit the improper use of land;

(3)

To conserve natural resources and energy, to meet the needs of the state's residents for food, fiber and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land;

(4)

To ensure that uses of land shall be situated in appropriate locations and relationships;

(5)

To avoid the overcrowding of population;

(6)

To provide adequate light and air;

(7)

To lessen congestion on the public roads and streets;

(8)

To reduce hazards to life and property;

(9)

To facilitate the adequate provision of a system of transportation, sewage, disposal, safe and adequate water supply, education, recreation and other public requirements; and

(10)

To conserve the expenditure of funds for public improvements and services so as to obtain the most advantageous uses of land, resources and properties.

The ordinance from which this chapter is derived is adopted with reasonable consideration, among other things, of the character of each rezoning district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building and population development.

(Ord. No. 16, § 2.01, 3-4-1981)

This chapter shall not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances, or regulations, except those repealed herein by specific reference, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the township is a party. The provisions of this chapter shall control where this chapter imposes greater restrictions, limitations, or requirements upon:

(1)

The use of buildings, structures, or land;

(2)

The height of buildings or structures;

(3)

Lot coverage;

(4)

Lot areas;

(5)

Yards or other open spaces; or

(6)

Any other use or utilization of land than is imposed or required by such existing laws, ordinances, regulations, private restrictions, or restrictive covenants.

(Ord. No. 16, § 2.02, 3-4-1981)

This chapter is enacted pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 16, § 2.03, 3-4-1981; Ord. No. 145, § 1, 2-14-2007)

The following listed rules of construction apply to the text of this chapter:

(1)

The term "building" or "structure" includes any part thereof.

(2)

The term "used" or "occupied", as applied to any land or building, shall be construed to include the term "intended," "arranged," or "designed to be used," or "occupied."

(3)

Any dispute over any language contained in the zoning chapter may be resolved under article II of this chapter, pertaining to zoning authority and procedure before the township zoning board of appeals.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory dwelling unit, attached (AADU) means a room or set of rooms in a single-family dwelling that has been designed or configured to be used as a separate dwelling unit and is subordinate in size to the principal dwelling unit on the same lot. AADUs generally include living, sleeping, kitchen, and bathroom facilities and have a lockable entrance door. The lot owner owns the PDU and the AADU, and must reside in either the AADU or PDU. The inclusion of an AADU to a PDU does not constitute a duplex. Only one AADU or DADU may be allowed per lot.

Accessory dwelling unit, detached (DADU) means a room or set of rooms in a separate building, normally in a rear yard but in any event located in compliance with a permitted accessory building, that has been designed or configured to be used as a separate dwelling unit and is subordinate in size to the principal dwelling unit on the same lot. DADUs generally include living, sleeping, kitchen, and bathroom facilities and have a lockable entrance door. The lot owner owns the DADU and the PDU, and must reside in either the DADU or PDU. Only one DADU or AADU may be allowed per lot.

Accessory use or structure means a use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building, or structure. The term "lot," under this definition, may consist of more than one parcel of land provided all parcels are contiguous and the required area for such accessory building complies at all times with the minimum area requirements of section 38-471.

Accretion means the gradual buildup of new sand by wind or water action.

Alterations,structural, means:

(1)

Any change in the supporting members of a building or structure, such as, bearing walls, columns, beams, or girders;

(2)

Any substantial change in the roof; or

(3)

An addition to or demolition of a structure or building.

Animals, domestic, includes the following categories:

(1)

Large-hoofed animals, including, but not limited to, horses, donkeys, burros, mules, cattle, llamas, elk, deer, and swine;

(2)

Small-hoofed animals, including, but not limited to, goats and sheep;

(3)

Small animals, including, but not limited to, dogs, cats and house pets;

(4)

Poultry and small fur-bearing animals, including, but not limited to, chickens, ducks, geese, turkeys, quail, pigeons, pheasant, and small fur-bearing mammals.

In the event that a person disagrees with the zoning inspector determination that an animal is a domestic animal or in the event that a person disagrees with the zoning inspector's determination of what kind of domestic animal an animal is (e.g., large-hoofed animal, small-hoofed animal, etc.), that person may appeal to the township zoning board of appeals for a determination pursuant to section 603 of the Michigan zoning enabling act (MCL 125.3603).

Animals, exotic, means animals that are not normally considered to be domestic animals, including, but not limited to, lions, tigers, panthers, cougars, bobcats, bears, ostriches, emus, wolves, reptiles, and apes. In the event that a person disagrees with the zoning inspector's determination that an animal is an exotic animal, that person may appeal to the township zoning board of appeals for a determination pursuant to section 603 of the Michigan zoning enabling act (MCL 125.3603).

Automobile repair, major, means general repair, rebuilding, or reconditioning of engines, or vehicles, collision service (including body repair and frame straightening), painting or upholstering or vehicle steam-cleaning and undercoating.

Automobile repair, minor, means minor repairs, incidental replacement of parts, or motor service to passenger automobiles and trucks not exceeding two-ton capacity; provided, however, there is excluded any repair or work included in the definition of the term "automobile repair,-major."

Basement means a portion of a building partly or entirely below grade. If it is partly below grade, the vertical distance from the established grade at the center of the front of the building to the floor shall be greater than the vertical distance from that established grade to the ceiling. If that is not true, or if the vertical distance from that established grade to the ceiling is five feet or more, that portion of the building shall not be counted as a basement.

Bed and breakfast operation means an operation in which transient guests are provided a sleeping room and board in return for payment, which operation is located in a single-family dwelling which is used to house a family as its principal place of residence.

Billboards and signs.

(1)

Billboard means any structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising either:

a.

A business, service, entertainment, activity, or event which is not conducted on the land upon which the structure is located;

b.

A product which is not primarily sold, manufactured, processed or fabricated on the land upon which the structure is located;

c.

A second structure which is not located on the land upon which the first structure is located;

d.

A geographical location or place which is not located on the land upon which the structure is located; or

e.

A person.

However, any structure which meets the definition of an informational sign shall not be considered to be a billboard.

(2)

Business sign means any structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising a business, service, or entertainment conducted on the land where the structure is located, or products primarily sold, manufactured, processed, or fabricated on such land.

(3)

Real estate sign means any temporary structure used only to advertise, with pertinent information, the sale, rental, or leasing of the premises upon which it is located.

(4)

Identifying sign means any structure on the same premises it identifies which serves only:

a.

To tell the name or use of any public or semipublic building or recreation space, club, lodge, church, or institution;

b.

To tell the name or address of an apartment house, hotel, or motels; or

c.

To inform the public as to the use of a parking lot.

(5)

Nameplate means a structure affixed flat against the wall of a building, which serves solely to designate the name or the name and profession or business occupation of a person occupying the building.

(6)

Informational sign means any structure erected adjacent to a street which identifies, points toward and gives the distance to any public or open-to-the-public building, off-street parking area, recreation space, club, lodge, church, institution, business, service, entertainment, activity, or event.

Building means anything which is constructed or erected, having a roof and used or built for the shelter or enclosure of persons, animals, or property of any kind.

Building height means the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface of flat roofs, to the deck line of mansard roofs, and to the mean height level between the eaves and the ridge of gable, hip, and gambrel roofs.

Building setback means the minimal horizontal distance a building or structure, or any portion thereof, is required to be located from the boundaries of the lot or parcel of land upon which the same is situated.

Crest means the highest natural plane which crowns a dune.

Dwelling means any building or portion thereof which is occupied in whole or in part as a home, residence, or sleeping place, either permanently or temporarily, by one or more families, but not including motels, hotels, tourist rooms or cabins, or mobile homes.

(1)

Dwelling, single-family, means a building designed for use and occupancy by one family only.

(2)

Dwelling, two-family, means a building designed for use and occupancy by two families only.

(3)

Dwelling, multifamily, means a building designed for use and occupancy by three or more families.

Dwelling unit means one room or suite of two or more rooms designed for use of occupancy by one family for living and sleeping purposes with housekeeping facilities.

Family means:

(1)

An individual or group of two or more persons related by blood, marriage, or adoption, together with foster and step children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

(2)

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, nontransient, domestic character and who are cooking and living as a single nonprofit housekeeping unit. The term "family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

Farm, general, means any tract of land, regardless of size or area, devoted to general agricultural activities not involving animals for general commercial purposes, such as field crops, truck farming, orchards and nurseries. Such farms may include related dwelling units, customary barns, and similar buildings. Infrequent casual sales shall not be construed as general commercial purposes under this definition.

Farm, specialized, means any tract of land used for specialized animal operations, such as apiaries, chicken hatcheries, poultry farms, dairying, beef farms, animal husbandry, stockyards, livestock feed lots, swine farms or hatcheries. Such farms may include related dwelling units, customary barns, and similar buildings.

Floor area means the gross floor area of all floors of a building or an addition to an existing building. For all buildings not used for dwelling purposes, the basement floor area shall be included, except that part which contains heating and cooling equipment and other basic utilities. For all buildings used for dwelling purposes, the basement floor area shall not be included. The floor area measurement is made from the exterior faces of the exterior walls and is exclusive of areas of unfinished attics, private attached garages, breezeways, and enclosed and unenclosed porches.

Foredune ridge means the first landward sand dune formation along the shoreline of Lake Michigan.

High dune means higher in elevation and older in age than the foredune, located landward to the foredune.

High-water mark means the high-water mark as determined by the Michigan Department of Natural Resources and Environment or some successor state agency having jurisdiction. If no determination has been made, then the term "high-water mark" shall be the line between upland and bottomland that persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.

Home occupation means a routine accessory and customary non-residential use conducted within or administered from a portion of a principal dwelling unit or its permitted accessory building. The home occupation:

(1)

Is conducted primarily by a permanent resident of the PDU;

(2)

Only employs persons working on the lot who are permanent residents of the PDU plus a maximum of one non-resident working on the lot at any point in time;

(3)

Only includes uses that are clearly incidental and secondary to the principal residential use;

(4)

Does not include retail or wholesale sales on the lot other than via telecommunication or through the mail;

(5)

Does not include any industrial use;

(6)

Does not generate any traffic that will have a detrimental effect on the surrounding area; and

(7)

Does not use mechanical equipment generating noise audible beyond the boundaries of the lot.

Home office means a space within an individual's principal dwelling unit that is used for business purposes. A home office may not have any employees working there who do not reside in the PDU, and no clients may visit the home office.

Improvements means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval to protect natural resources, or the health, safety, and welfare of the residents of a township and future users or inhabitants of the proposed project area, including roadways, lighting, utilities, sidewalks, screening, drainage, parking areas, and landscaping.

Junkyard means a place where junk, waste, or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including wrecked vehicles, used building materials, structural steel materials and equipment, and other manufactured goods that are worn, deteriorated or obsolete.

Kennel means any land, building or structure where small animals are kept in numbers that exceed those automatically permitted by right (i.e., without a special land use permit) according to the terms of this chapter.

Lot andlot width mean a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory structures, or utilized for a principal use and accessory uses together with such open spaces as are required by this chapter.

(1)

Area, lot, means the total area encompassed within the lines of a parcel or place of property, excluding street or road rights-of-way.

(2)

Corner lot means a lot located at the intersection of two or more streets where the corner interior angle, formed by the intersection of the centerlines of the streets, is 135 degrees or less, or a lot abutting upon a curved street if tangents to the curve at the two points where the lot lines meet the centerline curve form an interior angle of 135 degrees or less.

(3)

Depth, lot, means the distance between the front and rear lot lines. In case of irregularly shaped parcels, the depth shall be measured to the most remote part of the parcel which contains the minimum lot width required by this chapter.

(4)

Double frontage lot means any lot excluding a corner lot, which fronts on two streets which do not intersect.

(5)

Width, lot, means the continuous distance between the side lot lines, measured at the minimum building setback line and at right angles to the lot depth.

Mobile home orhouse trailer means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailer, and further designed to be occupied as a dwelling without the necessity of further substantial construction or alteration except for incidental assembly, unpacking, foundation work or construction, utility connections, skirting construction, site preparation, and other minor work, construction or installation. In the event of any controversy concerning whether or not a particular unit is included within the foregoing definition, the zoning board of appeals shall have the right and authority to determine whether the same is so included, based upon the similarity of the unit involved to the customary dwelling unit known as a mobile home or to a standard constructed home.

(1)

Single-wide means a mobile home with a longitudinal width of no greater than 14 feet for its full length.

(2)

Double-wide means a combination of two mobile homes designed and constructed to be connected along the longitudinal axis, thus providing double the living space of a conventional single-wide unit without duplicating any of the service facilities such as kitchen equipment or furnace.

Mobile home lot means a measured parcel of land within a mobile home park which is delineated by lot lines on a final master plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home.

Mobile home pad means that portion of a mobile home lot reserved for the placement of a mobile home, appurtenant structures, or additions.

Mobile home park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes on a rental basis for nontransient use.

Mobile home subdivision means a mobile home park except that the mobile home lots are subdivided, surveyed, recorded, and sold in accordance with Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Modular home means a dwelling which consists of prefabricated units transported to the building site upon a separate vehicle or flatbed trailer and having no wheels, metal undercarriage or chassis, as distinguished from a mobile home. Such modular home shall be considered a single-family dwelling under the zoning chapter of the township and subject to all requirements thereof.

Motel means a building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units which may or may not be independently accessible from the outside with garage or parking space located on the lot and designed for, or occupied by, automobile travelers. The term "motel" shall include any building or building groups designated as motor lodges, transient cabins, or by any other title intended to identify them as providing lodging, with or without meals, for compensation on a transient basis.

Motor vehicle means every vehicle which is self-propelled.

Parking area, space, or lot means an off-street, open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors, or employees. The term "parking area" shall include access drives within the actual parking area.

Parking bay means a hard surface area adjacent and connected to but distinct from, a street intended for parking motor vehicles.

Pier means concrete posts embedded in the ground to a depth below the frost line at regular intervals along the longitudinal distance of a mobile home and intended to serve as a base for supporting the frame of the mobile home.

Pond means any outdoor body of standing water accumulated in a natural or artificially constructed basin or depression in the earth, either above or below or partly above or partly below grade, capable of holding water to a depth of greater than two feet when filled to capacity.

Principal or main use means the primary or predominant use of a lot.

Principal dwelling unit (PDU) means a room or set of rooms in a dwelling that has been designed or configured to be used as a separate dwelling unit generally include living, sleeping, kitchen, and bathroom facilities and has a lockable entrance door. The PDU is superior in size to any AADU or DADU on the lot. The owner of the PDU must also own any AADU or DADU on the lot.

Roadside market or stand means a temporary building or structure designed or used for the display and/or sale of agricultural products produced on the premises upon which the stand is located.

Satellite dish antenna means a spherical dish antenna intended to receive communication signals from a satellite or transmitter or transmitter relay located in planetary orbit.

Short-term rental means the rental or subletting of any dwelling for a term of less than 28 days, but the definition does not include the use of campgrounds, hotel rooms, transitional housing operated by a non-profit entity, group homes such as nursing homes and adult foster care homes, hospitals, or housing provided by a substance-abuse rehabilitation clinic, mental-health facility, or other health-care related clinic.

Stables means any land, building or structure where large-hoofed animals or small-hoofed animals are kept in numbers that exceed those automatically permitted by right (i.e., without a special land use permit) according to the terms of this chapter, or where large- or small-hoofed animals are available for hire by the general public.

Street means a publicly or privately owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road, or other thoroughfare, except an alley.

Structure means anything, except a building, which is constructed or erected on the ground or attached to something having location on the ground or underground.

Tourist home means a building, other than a hotel, boardinghouse, lodginghouse, or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.

Travel trailer means a transportable unit intended for occasional or short-term occupancy as a dwelling unit during travel, recreational, or vacation use.

Usable floor area means the floor area of a dwelling exclusive of garages, porches, basement, or utility area.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices propelled by human power or used exclusively upon stationary rails or tracks.

Yard means a required open space unoccupied and unobstructed by any building or structure. Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture unattached to any building may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front, means a yard extending across the full width of the lot, the depth of which is the distance between the street right-of-way line and the nearest portion (excluding any roof overhang) of the building or structure. In the case of waterfront lots, the yard fronting on the street shall be considered the front yard.

Yard, rear, means a yard, unoccupied except for accessory buildings and except for structures 16 inches or less above the general ground level of the lot, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the nearest portion (excluding any roof overhang) of the main building.

Yard, side, means a yard, unoccupied except for accessory buildings and except for structures 16 inches or less above the general ground level of the lot, between a building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line to the nearest portion (excluding any roof overhand) of the building.

(Ord. No. 16, §§ 3.01—3.52, 3-4-1981; Ord. No. 26, § 3.53, 5-8-1985; Ord. No. 30, § 1, 6-14-1989; Ord. No. 45, § 1(3.07A), 4-10-1991; Ord. No. 59, §§ 1—4, 11-11-1992; Ord. No. 62, §§ 1, 2, 7-14-1993; Ord. No. 68, §§ 1—4, 5-11-1994; Ord. No. 74, § 1, 4-12-1995; Ord. No. 89, §§ 1, 2, 3-12-1997; Ord. No. 105, §§ 1—7, 5-12-1999; Ord. No. 138, § 1, 8-10-2005; Ord. No. 145, § 2, 2-14-2007; Ord. No. 192, § 1, 4-10-2019; Ord. No. 198, § 1, 3-11-2020; Ord. No. 208, § 1, 9-13-2023)