Laketown Township City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

DIVISION 2. - AG AGRICULTURAL DISTRICT[6]

Footnotes:

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State Law reference— Michigan right to farm act, MCL 286.471 et seq.

DIVISION 6. - R-4 MOBILE HOME PARK RESIDENTIAL DISTRICT[7]

Footnotes:

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State Law reference— Mobile home commission act (MCL 125.2301 et seq.).

DIVISION 10. - FP FLOODPLAIN DISTRICT[8]

Footnotes:

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State Law reference— Soil erosion and sedimentation control, MCL 324.9101 et seq.; soil conservation districts law, MCL 324.9301 et seq.; building and construction in floodplain, MCL 324.3108; plat requirements for subdivision within or abutting floodplain, MCL 560.138; conditions for approval of subdivisions within floodplain, MCL 560.194.

DIVISION 11. - PUD - PLANNED UNIT DEVELOPMENT[9]

Footnotes:

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State Law reference— Planned unit development, MCL 125.3503.

Sec. 38-162.- Zone districts.

The township is hereby divided into the following zoning districts:

(1)

AG Agricultural District.

(2)

R-1 Rural Estate District.

(2a)

R-1.5 Rural Estate District.

(3)

R-2 Low Density Residential District.

(4)

R-3 Medium Density Residential District.

(5)

R-4 Mobile Home Park Residential District.

(6)

C-1 Neighborhood Business District.

(7)

C-2 General Business District.

(8)

C-3 Highway Commercial District.

(9)

MU Mixed Use District.

(10)

I-1 Industrial District.

(11)

FP Floodplain District.

(Ord. No. 16, § 4.01, 3-4-1981; Ord. No. 166, § 2, 1-11-2012; Ord. No. 204, § 2, 9-8-2021)

Sec. 38-163. - Zoning map.

The locations and boundaries of the zoning districts are hereby established as shown on a map, as the same may be amended from time to time, entitled the "Zoning Map of Laketown Township, Allegan County, Michigan," which is on file in the office of the township clerk. Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules of construction and interpretation shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following township boundaries shall be construed as following township boundaries.

(4)

Boundaries indicated as approximately following shorelines or lake or streambeds shall be construed as following such shorelines or lake or streambeds, and in the event of change in the location of shorelines or lake or streambeds, shall be construed as moving with the shoreline and lake or streambed.

(5)

Lines parallel to streets without indication of the depth from the street line shall be construed as having a depth of 200 feet from the front lot line.

(6)

Boundaries indicated as approximately following property lines, section lines or other lines of a government survey shall be construed as following such property lines, section lines or other lines of a governmental survey as they exist as of the effective date of the ordinance of the applicable amendment thereto.

(Ord. No. 16, § 4.02, 3-4-1981)

Sec. 38-164. - Areas not included within a district.

In every case where land has not been included within a district on the zoning map, such land shall be in the AG zoning district.

(Ord. No. 16, § 4.03, 3-4-1981)

Sec. 38-182.- Description and purpose.

This zoning district is intended for large tracts of land used for farming, animal husbandry, dairying, horticultural, or other agricultural activities.

(Ord. No. 16, § 5.01, 3-4-1981)

Sec. 38-183. - Use regulation.

Land, buildings and structures in this zoning district may be used for the following purposes only:

(1)

Farms for both general and specialized farming, including greenhouses and nurseries, together with farm dwellings and buildings and other installations necessary to such farms including temporary housing for migratory workers; provided such housing and its sanitary facilities are in conformance with all requirements of the county health department and/or any other federal, state, and/or local regulating agency having jurisdiction.

(2)

Single-family dwellings.

(3)

The keeping of domestic animals on parcels of land which meet or exceed the minimum 20 acre AG Agricultural District lot area requirement. On parcels of less than 20 acres of lot area, the regulations in section 38-212(9) and (14) for land in the R-1 Rural Estate District, section 38-212(14) shall govern.

(4)

Reserved.

(5)

State-licensed residential facilities and family child care homes only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(6)

Group child care homes, with a special use permit, only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206) and article II, division 3 of this chapter.

(7)

Parks, playgrounds, cemeteries, community centers, and governmental or administration or service buildings, owned and operated by a governmental agency or a noncommercial organization, when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The necessity for such use for the surrounding neighborhood;

The proximity of the intended use to adjoining properties specifically including proximity to occupied dwellings;

The size, nature and character of the proposed use;

Potential traffic congestion which might be occasioned by the intended use;

Parking facilities to be provided for the proposed use; and

The effect of the proposed use on adjoining properties and the surrounding neighborhood.

(8)

Home occupations in single-family dwellings when authorized as a special use by the planning commission, considering the standards in article II, division 3 of this chapter, the requirements of section 38-488, and the following standards:

The nature of the home occupation must be compatible with the surrounding neighborhood;

The home occupation will not cause a noticeable increase in traffic in the surrounding neighborhood;

The home occupation will not cause negative environmental effects on the surrounding neighborhood such as noise or odors; and

The home occupation will have minimal visual impact on the surrounding neighborhood for reasons such as signage, storage, and outside activity.

(9)

Removal and processing of topsoil, stone, etc.

Removal and processing of topsoil, stone, rock, sand, gravel, lime or other soil or mineral resources when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall consider the following and article II, division 3 of this chapter:

The size of the property from which such topsoil, sand, gravel, or other such materials are to be removed;

The amount of top soil, sand gravel or other such materials which is to be removed shall not exceed 25 percent of the total area of a recorded parcel;

The purpose of such removal;

The effect of such removal on adjoining property;

The effect of such removal in causing a safety hazard, creating erosion problems, or altering the groundwater table;

The potential for such removal to cause the creation of sand blows, stagnant water pools, or swampy areas;

The effect of such removal on the environment and the natural topography, and the potential destruction of any natural resource;

Potential traffic congestion and problems because of trucks or other vehicles or means utilized to haul and transport the materials removed.

Operations granted a special use permit by the planning commission shall meet the following conditions:

Any change of the natural contour of the land, both during mining operations and at the time of abandonment, shall be maintained as safe to all trespassers and any other persons having reason to be within the area of activity;

No business or industrial buildings or structures of a permanent nature shall be erected, except where such building is a permitted use within the area of activity;

No storage or truck parking shall be located within 200 feet of any adjacent residence or within 50 feet of any other adjacent property;

All of the operation shall be screened with a wire screen or uniformly painted wood fence at least six feet in height, with evergreen screen planting on any side adjacent to residentially zoned property;

As the natural resources are being removed, the property shall be restored by the replacement of topsoil where feasible; and all excavations shall be sloped to a gradient with not more than a 30 degree slope and the contour be caused to blend as nearly as possible with the natural surroundings. The excavation area shall be planted with a suitable ground cover sufficient to control erosion;

All truck operations shall be directed away from residential streets and utilize county primary roads wherever possible;

The planning commission may require such bond as deemed necessary to ensure that requirements are fulfilled, and may revoke permission to operate at any time specified conditions are not maintained;

Topsoil or sand may be removed from a lot for the purpose of erecting or constructing a building, structure or pond on the lot, provided a permit is first obtained from the zoning inspector. If any removal from a parcel shall exceed 500 cubic yards of material, then the applicant shall comply with the provisions of subsection (9)a.1—8, (9)b.1—7 and (9)b.9 of this section. In addition, topsoil or sand may be moved from one part of a lot to another part if such action will not cause, or be likely to course, sand blows, stagnant water pools, bogs or possible future injury to adjoining properties;

The applicant shall secure all necessary permits from county, state, and federal authorities prior to application to the township planning commission.

(10)

Roadside stands which sell products grown or produced on the premises.

(11)

Reserved.

(12)

The keeping of exotic animals as a special land use authorized by the planning commission. In considering such authorization, the planning commission shall consider the following standards and article II, division 3:

The size, nature and character of the exotic animal.

The proximity of the exotic animal to adjoining properties.

Potential traffic congestion caused by the exotic animal.

The effect of the exotic animal on the surrounding neighborhood.

The nature and character of the land, buildings or structures to be utilized for the keeping of the exotic animal.

(13)

Home offices.

(14)

Short-term rentals. A short-term rental must comply with the limitations established by other provisions of this Code, and in any event may not have an occupancy in excess of 16 persons unless granted a special use by the planning commission upon consideration of the standards in article II, division 3.

(Ord. No. 16, § 5.02, 3-4-1981; Ord. No. 29, § I, 5-11-1988; Ord. No. 30, § 2, 6-14-1989; Ord. No. 59, §§ 5, 6, 11-11-1992; Ord. No. 105, § 8, 5-12-1999; Ord. No. 118, § 1, 2-13-2002; Ord. No. 192, §§ 2, 3, 4-10-2019; Ord. No. 198, § 2, 3-11-2020; Ord. No. 204, §§ 3, 4, 9-8-2021)

Sec. 38-184. - Height regulations.

No building or structure shall exceed 35 feet in height.

(Ord. No. 16, § 5.03, 3-4-1981; Ord. No. 89, § 3, 3-12-1997)

Sec. 38-185. - Area regulations.

No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet. Also see section 38-477, pertaining to additional setbacks for structures adjacent to major streets.

(2)

Side yard. For residential buildings and structures, there shall be total side yards of not less than 50 feet; provided, however, that no side yard shall be less than 20 feet. For all other buildings, there shall be two side yards of not less than 50 feet each.

(3)

Rear yard. There shall be a rear yard of not less than 40 feet between the rear lot line and the nearest portion of the main building, excluding any roof overhang but including the nearest portion of a deck or porch which has structural walls or a roof, and not less than 25 feet between the rear lot line and the nearest portion of a deck which has no structural walls or roof.

(4)

Lot area. The minimum lot area and width for all uses in this district, unless specified elsewhere, shall be 20 acres and 330 feet, respectively; provided, however, that any lot created for a single-family dwelling by the division or splitting of any platted lot or parcel otherwise of record as of the effective date of the ordinance from which this division is derived may be used if such division or splitting is accomplished in such a manner as to create not more than two separate additional lots in total, with no lot having less than 200 feet of road frontage nor a greater front-to-depth ratio than one to three nor shall be less than 2½ acres in area. Any combination of contiguous lots or parcels under one ownership containing less than 20 acres in the AG Agricultural District shall be controlled by the provisions and standards contained in the R-1 Rural Estate District.

(Ord. No. 16, § 5.04, 3-4-1981; Ord. No. 30, § 3, 6-14-1989; Ord. No. 68, § 5, 5-11-1994)

Sec. 38-186. - Minimum floor area.

Each dwelling unit, unless specified elsewhere, shall have a minimum of 1,000 square feet of usable floor area and a minimum of 800 square feet of ground coverage.

(Ord. No. 16, § 5.05, 3-4-1981)

Sec. 38-211.- Description and purposes.

This zoning district is intended for large rural residential estates and farming.

(Ord. No. 16, § 6.01, 3-4-1981)

Sec. 38-212. - Use regulations.

Land, buildings or structures in the zoning district may be used for the following purposes only:

(1)

General farming, together with farm dwellings and buildings and other installations necessary to such farms, but excluding greenhouses and nurseries except as provided in subsection (2) of this section. Temporary housing for migratory workers is prohibited.

(2)

Greenhouses and nurseries, if operated primarily as wholesaling operations, when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The size, nature and character of the operation;

The proximity of the operation to adjoining properties;

Potential traffic congestion on account of the operation; and

The effect of the operation on the surrounding neighborhood.

(3)

Single-family dwellings.

(4)

State-licensed residential facilities and family child care homes, only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(5)

Group child care homes, with a special use permit, only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206) and article II, division 3 of this chapter.

(6)

The nature of the home occupation must be compatible with the surrounding neighborhood;

The home occupation will not cause a noticeable increase in traffic in the surrounding neighborhood;

The home occupation will not cause negative environmental effects on the surrounding neighborhood such as noise or odors; and

The home occupation will have minimal visual impact on the surrounding neighborhood for reasons such as signage, storage, and outside activity.

(7)

Removal and processing of topsoil, stone, rock, sand, gravel, lime or other such soil or mineral resources when authorized as a special use by the planning commission utilizing the same standards as are provided in section 38-183; provided, however, in addition to any standards and/or limitations provided in section 38-183, the removal and processing of topsoil, stone, rock, sand, gravel, lime or other such soil or mineral resources in this zoning district may only be accomplished when incidental to the preparation of or use of a parcel of land for those purposes otherwise specifically allowed in this zoning district, and in any event such removal and processing of such soil or mineral resources may not exceed 15,000 cubic yards from any specific parcel of land or 25 percent of the total area of a specific parcel of land, whichever is less.

(8)

The necessity for such use for the surrounding neighborhood;

The proximity of the intended use to adjoining properties specifically including proximity to occupied dwellings;

The size, nature and character of the proposed use;

Potential traffic congestion which might be occasioned by the intended use;

Parking facilities to be provided for the proposed use; and

The effect of the proposed use on adjoining properties and the surrounding neighborhood.

(9)

The keeping of domestic animals as an accessory use as per section 38-485.

(10)

Reserved.

(11)

Reserved.

(12)

Bed and breakfast operations, when authorized by the planning commission as a special use. In considering such authorization, the planning commission shall consider the following standards, in addition to article II, division 3 of this chapter:

The number of bed and breakfast sleeping rooms;

The effect of the proposed operation on the adjoining properties and the surrounding neighborhood;

Potential traffic which will be generated by the proposed bed and breakfast operation;

Available parking; and

The ability of the proposed bed and breakfast operation to comply with all requirements of the township bed and breakfast licensing article, as amended.

All bed and breakfast operations shall comply at all times with all requirements and other provisions of this Code pertaining to the licensing of bed and breakfast operations.

(13)

Kennels and stables and the keeping of poultry and small fur bearing animals in excess of the number allowed by the table in section 38-485 as a special land use authorized by the planning commission. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The size, nature and character of the proposed special land use.

The proximity of the proposed special land use to adjoining properties.

Potential traffic congestion caused by the proposed special land use.

The effect of the operation of the proposed special land use on the surrounding neighborhood.

The nature and character of the land, buildings or structures to be utilized for the operation of the proposed special land use.

(14)

The size, nature and character of the exotic animal.

The proximity of the exotic animal to adjoining properties.

Potential traffic congestion caused by the exotic animal.

The effect of the exotic animal on the surrounding neighborhood.

The nature and character of the land, buildings or structures to be utilized for the keeping of the exotic animal.

(15)

Private and public schools, libraries, museums, art galleries and similar uses, when owned, operated, licensed or chartered by a governmental agency or nonprofit organization and when authorized by the planning commission as a special use. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

Size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

Any traffic congestion or hazards which will be occasioned by the proposed use; and

How well the proposed use harmonizes with, and enhances adjoining properties and the surrounding neighborhood.

(16)

Churches when authorized by the planning commission as a special use. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

The off-street parking which is to be provided for the church;

The potential traffic congestion and hazards which will be caused by the church use;

The degree with which the church harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood; and

The effect of the church on adjoining properties and the surrounding neighborhood.

(17)

Special use.

One or more lots may be permitted in this zoning district, even if the lots do not meet the area regulations in section 38-214, if authorized as a special use by the planning commission. The planning commission may issue a special use for such a lot only if all of the following requirements are met:

The property upon which the lot or lots will be located must be designated for low-density residential (LDR) use by the township's future land use map in the township's master plan, as amended.

Each lot must have not less than 125 feet of road frontage, and not less than 1¼ acres in area.

The lot must meet all other requirements of this article III.

When considering a special use request for such a lot, the planning commission shall consider the standards in article II, division 3 of this chapter, as well as the following standards:

Whether or not the property should, at the time of the request, be rezoned to the R-2 zoning district or retained in the R-1 zoning district;

The accessibility of the property;

The accessibility of the surrounding property if the special land use is granted; and

The nature of the surrounding neighborhood.

(18)

Home offices.

(19)

Attached accessory dwelling units in single-family dwelling units if limited to 30 percent of the usable floor area of the principal dwelling unit and when authorized as a special use by the planning commission, considering the standards in article II, division 3 of this chapter, and considering the following standards:

The exterior appearance of the AADU shall not appear to be cobbled together as an addition, but shall instead be integrated architecturally into the PDU;

The method of accessing the interior of the AADU shall not negatively impact the character of the surrounding neighborhood (e.g. the PDU shall still appear to be a single-family dwelling);

The lot shall have adequate provisions for parking; and

The AADU shall have adequate access for emergency services.

(20)

Detached accessory dwelling units on lots with single-family dwelling units when authorized as a special use by the planning commission, considering the standards in article II, division 3 of this chapter, and considering the following standards:

The exterior appearance of the DADU shall be compatible with the PDU and the surrounding neighborhood;

The lot shall have adequate provisions for parking;

The proportion of land area to the size of the DADU and PDU is appropriate and consistent with the surrounding neighborhood;

If the lot is five acres or less in lot area, the DADU shall be limited to the smaller of 1,000 square feet or 50 percent of the usable floor area of the principal dwelling unit on the same lot; and

The DADU shall have adequate access for emergency services.

(21)

(Ord. No. 16, § 6.02, 3-4-1981; Ord. No. 36, § 1, 2-14-1990; Ord. No. 45, § 2, 4-10-1991; Ord. No. 47, § 1, 7-10-1991; Ord. No. 54, § 1, 4-8-1992; Ord. No. 59, §§ 7—9, 11-11-1992; Ord. No. 105, §§ 9—11, 5-12-1999; Ord. No. 118, § 2, 2-13-2002; Ord. No. 134, § 1, 7-14-2004; Ord. No. 192, §§ 2—5, 4-10-2019; Ord. No. 198, § 3, 3-11-2020; Ord. No. 204, §§ 3, 4, 9-8-2021)

Sec. 38-213. - Height regulations.

No building or structure shall exceed 35 feet in height.

(Ord. No. 16, § 6.03, 3-4-1981; Ord. No. 89, § 4, 3-12-1997)

Sec. 38-214. - Area regulations.

No building or structure nor any enlargement thereof shall be hereafter erected, except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet. Also see section 38-477, pertaining to additional setbacks for structures adjacent to major streets.

(2)

(3)

Rear yard. There shall be a rear yard of not less than 40 feet between the rear lot line and the nearest portion of the main building (excluding any roof overhang but including the nearest portion of a deck or porch which has structural walls or a roof), and not less than 25 feet between the rear lot line and the nearest portion of a deck which has no structural walls or roof.

(4)

Road frontage and area. No parcel of land shall have less than 200 feet of road frontage nor shall be less than 2½ acres in area.

(Ord. No. 16, § 6.04, 3-4-1981; Ord. No. 54, § 2, 4-8-1992; Ord. No. 68, § 6, 5-11-1994)

Sec. 38-215. - Minimum floor area.

Each dwelling unit, unless specified elsewhere, shall have a minimum usable floor area of 1,000 square feet, and a minimum of 800 square feet of ground coverage.

(Ord. No. 16, § 6.05, 3-4-1981; Ord. No. 174, § 1, 4-9-2014)

Sec. 38-216.- Description and purpose.

This zoning district is intended for somewhat smaller rural residential estates and farming.

(Ord. No. 204, § 5, 9-8-2021)

Sec. 38-217. - Use regulations.

Land, buildings or structures in the zoning district may be used for the following purposes only:

(1)

(2)

Single-family dwellings.

(3)

State-licensed residential facilities and family child care homes, only as required by Section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(4)

Group child care homes, with a special use permit, only as required by Section 206 of Public Act No. 110 of 2006 (MCL 125.3206) and article II, division 3 of this chapter.

(5)

The nature of the home occupation must be compatible with the surrounding neighborhood;

The home occupation will not cause a noticeable increase in traffic in the surrounding neighborhood;

The home occupation will not cause negative environmental effects on the surrounding neighborhood such as noise or odors; and

The home occupation will have minimal visual impact on the surrounding neighborhood for reasons such as signage, storage, and outside activity.

(6)

(7)

Parks, playgrounds, cemeteries, community centers, and governmental or administration or service buildings, owned and operated by a governmental agency or a noncommercial organization, when authorized as a special use by the planning commission. ln considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The necessity for such use for the surrounding neighborhood;

The proximity of the intended use to adjoining properties specifically including proximity to occupied dwellings;

The size, nature and character of the proposed use;

Potential traffic congestion which might be occasioned by the intended use;

Parking facilities to be provided for the proposed use; and

The effect of the proposed use on adjoining properties and the surrounding neighborhood.

(8)

The keeping of domestic animals as an accessory use as per section 38-485.

(9)

The number of bed and breakfast sleeping rooms;

The effect of the proposed operation on the adjoining properties and the surrounding neighborhood;

Potential traffic which will be generated by the proposed bed and breakfast operation;

Available parking; and

The ability of the proposed bed and breakfast operation to comply with all requirements of the township bed and breakfast licensing article, as amended.

All bed and breakfast operations shall comply at all times with all requirements and other provisions of this Code pertaining to the licensing of bed and breakfast operations.

(10)

Size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

Any traffic congestion or hazards which will be occasioned by the proposed use; and

How well the proposed use harmonizes with, and enhances adjoining properties and the surrounding neighborhood.

(11)

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

The off-street parking which is to be provided for the church;

The potential traffic congestion and hazards which will be caused by the church use;

The degree with which the church harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood; and

The effect of the church on adjoining properties and the surrounding neighborhood.

(12)

Home offices.

(13)

The exterior appearance of the AADU shall not appear to be cobbled together as an addition, but shall instead be integrated architecturally into the PDU;

The method of accessing the interior of the AADU shall not negatively impact the character of the surrounding neighborhood (e.g. the PDU shall still appear to be a single-family dwelling);

The lot shall have adequate provisions for parking; and

The AADU shall have adequate access for emergency services.

(14)

The exterior appearance of the DADU shall be compatible with the PDU and the surrounding neighborhood;

The lot shall have adequate provisions for parking;

The proportion of land area to the size of the DADU and PDU is appropriate and consistent with the surrounding neighborhood;

If the lot is five acres or less in lot area, the DADU shall be limited to the smaller of 1,000 square feet or 50 percent of the usable floor area of the principal dwelling unit on the same lot; and

The DADU shall have adequate access for emergency services.

(15)

(Ord. No. 204, § 5, 9-8-2021)

Sec. 38-218. - Height regulations.

No building or structure shall exceed 35 feet in height.

(Ord. No. 204, § 5, 9-8-2021)

Sec. 38-219. - Area regulations.

No building or structure nor any enlargement thereof shall be hereafter erected, except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet. Also see section 38-477, pertaining to additional setbacks for structures adjacent to major streets.

(2)

Side yard. For residential buildings and structures, there shall be side yards of not less than 20 feet.

(3)

(4)

Road frontage and area. No parcel of land shall have less than 150 feet of road frontage nor shall be less than one and one-half acres in area.

(Ord. No. 204, § 5, 9-8-2021)

Sec. 38-220. - Minimum floor area.

Each dwelling unit, unless specified elsewhere, shall have a minimum usable floor area of 1,000 square feet, and a minimum of 800 square feet of ground coverage.

(Ord. No. 204, § 5, 9-8-2021)

Sec. 38-239.- Description and purpose.

This zoning district is intended for low density residential uses together with required recreational, religious and educational facilities.

(Ord. No. 16, § 7.01, 3-4-1981)

Sec. 38-240. - Use regulations.

Land, buildings or structures in this zoning district may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

State-licensed residential facilities and family child care homes only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(4)

Group child care homes, with a special use permit, only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206) and article II, division 3 of this chapter.

(5)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

Any traffic congestion or hazards which will be occasioned by the proposed use; and

How well the proposed use harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood.

(6)

Parks, playgrounds, community centers, governmental, administration, or service buildings which are owned and operated by a governmental agency or a noncommercial organization when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The necessity for such use for the surrounding neighborhood;

The proximity of the intended use to adjoining properties specifically including proximity to occupied dwellings;

The size, nature and character of the proposed use;

Potential traffic congestion which might be occasioned by the intended use;

Parking facilities to be provided for the proposed use; and

The affect of the proposed use on adjoining properties and the surrounding neighborhood.

(7)

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

The off-street parking which is to be provided for the church;

The potential traffic congestion and hazards which will be caused by the church use;

The degree with which the church harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood; and

The effect of the church on adjoining properties and the surrounding neighborhood.

(8)

The nature of the home occupation must be compatible with the surrounding neighborhood;

The home occupation will not cause a noticeable increase in traffic in the surrounding neighborhood;

The home occupation will not cause negative environmental effects on the surrounding neighborhood such as noise or odors; and

The home occupation will have minimal visual impact on the surrounding neighborhood for reasons such as signage, storage, and outside activity.

(9)

Reserved.

(10)

Reserved.

(11)

Bed and breakfast operations, when authorized by the planning commission as a special use in accordance with section 38-212(12).

(12)

The keeping of domestic animals as an accessory use as per section 38-485.

(13)

Kennels as a special land use authorized by the planning commission. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The size, nature and character of the kennel.

The proximity of the kennel to adjoining properties.

Potential traffic congestion caused by the kennel.

The effect of the kennel on the surrounding neighborhood.

The nature and character of the land, buildings or structures to be utilized for the operation of the kennel.

(14)

The size, nature and character of the exotic animal.

The proximity of the exotic animal to adjoining properties.

Potential traffic congestion caused by the exotic animal.

The effect of the exotic animal on the surrounding neighborhood.

The nature and character of the land, buildings or structures to be utilized for the keeping of the exotic animal.

(15)

Home offices.

(16)

The exterior appearance of the AADU shall not appear to be cobbled together as an addition, but shall instead be integrated architecturally into the PDU;

The method of accessing the interior of the AADU shall not negatively impact the character of the surrounding neighborhood (e.g. the PDU shall still appear to be a single-family dwelling);

The lot shall have adequate provisions for parking; and

The AADU shall have adequate access for emergency services.

(17)

(Ord. No. 16, § 7.02, 3-4-1981; Ord. No. 45, § 3, 4-10-1991; Ord. No. 59, §§ 10—12, 11-11-1992; Ord. No. 105, § 12, 5-12-1999; Ord. No. 192, §§ 2—4, 4-10-2019; Ord. No. 198, § 4, 3-11-2020; Ord. No. 204, § 4, 9-8-2021)

Sec. 38-241. - Height regulations.

No building or structure shall exceed 35 feet in height.

(Ord. No. 16, § 7.03, 3-4-1981; Ord. No. 89, § 5, 3-12-1997)

Sec. 38-242. - Area regulations.

No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet. Also see section 38-477, pertaining to additional setbacks for structures adjacent to major streets.

(2)

Side yard. No side yard shall be less than ten feet.

(3)

Rear yard. There shall be a rear yard of not less than 40 feet (50 feet in the case of lake-front lots) between the rear lot line and the nearest portion of the main building (excluding any roof overhang but including the nearest portion of a deck or porch which has structural walls or a roof), and not less than 25 feet between the rear lot line and the nearest portion of a deck which has no structural walls or roof.

(4)

Lot area and width, single-family. The minimum lot area and width for a single-family dwelling shall be 12,500 square feet and 100 feet, respectively; provided, however, that the minimum lot area and width for lots not served with public water and sewer shall be 25,000 square feet and 125 feet, respectively. The minimum lot width must comply with the requirements of section 38-478.

(5)

Lot area and width, two-family. The minimum lot area and width for a two-family dwelling shall be 25,000 square feet and 125 feet, respectively; provided, however, that the minimum lot area and width for lots not served with public water and sewer shall be 30,000 square feet and 150 feet, respectively. The minimum lot width must comply with the requirements of section 38-478.

(Ord. No. 16, § 7.04, 3-4-1981; Ord. No. 63, § 1, 2, 7-14-1993; Ord. No. 68, § 7, 5-11-1994)

Sec. 38-243. - Minimum floor area.

Each dwelling unit shall have minimum usable floor area as follows:

(1)

Single-family dwelling: 1,000 square feet; and a minimum of 800 square feet of ground coverage.

(2)

Two-family dwelling: 720 square feet per unit; and a minimum 720 square feet of ground coverage for the two family unit.

(Ord. No. 16, § 7.05, 3-4-1981)

Sec. 38-265.- Description and purpose.

This zoning district is intended for medium density one- and two-family and low-density multifamily residential and related uses.

(Ord. No. 16, § 8.01, 3-4-1981)

Sec. 38-266. - Use regulations.

Land, buildings, or structures in this zoning district may be used for the following purposes only:

(1)

Any use permitted in the R-2 zoning district; subject, except as specifically provided otherwise in this division, to the same conditions, restrictions and requirements as are provided in the R-2 zoning district; also subject to the requirement that single-family dwellings are not allowed in the R-3 zoning district except as a planned unit development approved pursuant to the requirements of division 11 of this article.

(2)

Multifamily dwellings, if the site plan is reviewed by the planning commission in accordance with division 2 of article II of this chapter.

(3)

Nursing homes, senior citizen housing, foster care facilities, and similar group housing if the site plan is reviewed by the planning commission in accordance with division 2 of article II of this chapter.

(4)

The nature of the home occupation must be compatible with the surrounding neighborhood;

The home occupation will not cause a noticeable increase in traffic in the surrounding neighborhood;

The home occupation will not cause negative environmental effects on the surrounding neighborhood such as noise or odors; and

The home occupation will have minimal visual impact on the surrounding neighborhood for reasons such as signage, storage, and outside activity.

(5)

Bed and breakfast operations, when authorized by the planning commission as a special use in accordance with section 38-212(12).

(6)

(Ord. No. 16, § 8.02, 3-4-1981; Ord. No. 45, § 4, 4-10-1991; Ord. No. 105, §§ 13, 14, 5-12-1999; Ord. No. 116, § 1, 11-14-2001; Ord. No. 166, § 3, 1-11-2012; Ord. No. 192, § 3, 4-10-2019; Ord. No. 198, § 5, 3-11-2020)

Sec. 38-267. - Height regulations.

No building or structure shall exceed 35 feet in height.

(Ord. No. 16, § 8.03, 3-4-1981; Ord. No. 89, § 6, 3-12-1997)

Sec. 38-268. - Area regulations.

No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard, lot area and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet. Also see section 38-477, pertaining to additional setbacks for structures adjacent to major streets.

(2)

Side yard. There shall be total side yards as follows:

For single- and two-family dwellings, no side yard shall be less than ten feet.

For multifamily dwellings and all other permitted uses, each side yard shall be not less than 20 feet.

(3)

(4)

Lotarea and width, single-family. The minimum lot area and width for a single-family dwelling shall be 8,500 square feet and 85 feet, respectively; provided, however, that the minimum lot area and width for lots not served with public water and sewer shall be 15,000 square feet and 100 feet, respectively.

(5)

Lotarea and width, two-family. The minimum lot area and width for a two-family dwelling shall be 17,000 square feet and 100 feet, respectively; provided, however, that the minimum lot area and width for lots not served with public water and sewer shall be 24,000 square feet and 150 feet, respectively.

(6)

Lotarea and width, other than one and two family. The minimum lot width shall be 150 feet. The minimum lot area for multifamily dwellings shall be 8,500 square feet per dwelling unit; provided, however, that the minimum lot area for multifamily dwellings not served with public sewer and water shall be 10,000 square feet per dwelling unit. The minimum lot area for all other permitted uses shall be 15,000 square feet.

(Ord. No. 16, § 8.04, 3-4-1981; Ord. No. 68, § 8, 5-11-1994; Ord. No. 116, § 2, 11-14-2001)

Sec. 38-269. - Minimum floor area.

Each single-family and two-family dwelling shall have minimum usable floor area as is required in the R-2 district. Each multifamily dwelling shall have minimum usable floor area as follows:

(1)

One bedroom unit, 650 square feet per unit;

(2)

Two bedroom unit, 750 square feet per unit;

(3)

Three bedroom unit, 900 square feet per unit;

(4)

Additional bedrooms shall require an additional 100 square feet of usable floor area for each additional bedroom.

(Ord. No. 16, § 8.05, 3-4-1981)

Sec. 38-287.- Description and purpose.

This zoning district is designed for mobile home parks. Although a mobile home is a single-family unit, mobile home parks typically have a higher density impact than conventional single-family developments. In order to not adversely impact other areas of the township, certain land areas are hereby recognized as appropriate for continued mobile home use, provided that proper site design standards and requirements are met.

(Ord. No. 105, § 15(8A.01), 5-12-1999)

Sec. 38-288. - Use regulations.

Land, buildings or structures in this zoning district may be used for the following purposes only:

(1)

Mobile homes located in a mobile home park.

(2)

State-licensed residential facilities and family child care homes located in a mobile home park only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(3)

Group child care homes located in a mobile home park, with a special use permit, only as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206) and article II, division 3 of this chapter.

(4)

Mobile home parks and support services for mobile home park residences.

(5)

Private and public schools, libraries, museums, art galleries and similar uses, when owned and operated by a governmental agency or nonprofit organization and when authorized by the planning commission as a special use. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

Size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

Any traffic congestion or hazards which will be occasioned by the proposed use; and

How well the proposed use harmonizes with, and enhances adjoining properties and the surrounding neighborhood.

(6)

The necessity for such use for the surrounding neighborhood;

The proximity of the intended use to adjoining properties specifically including proximity to occupied dwellings;

The size, nature and character of the proposed use;

Potential traffic congestion which might be occasioned by the intended use;

Parking facilities to be provided for the proposed use; and

The effect of the proposed use on adjoining properties and the surrounding neighborhood.

(7)

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

The off-street parking which is to be provided for the church;

The potential traffic congestion and hazards which will be caused by the church use;

The degree with which the church harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood; and

The effect of the church on adjoining properties and the surrounding neighborhood.

(8)

Home offices.

(9)

The nature of the home occupation must be compatible with the surrounding neighborhood;

The home occupation will not cause a noticeable increase in traffic in the surrounding neighborhood;

The home occupation will not cause negative environmental effects on the surrounding neighborhood such as noise or odors; and

The home occupation will have minimal visual impact on the surrounding neighborhood for reasons such as signage, storage, and outside activity.

(Ord. No. 105, § 15(8A.02), 5-12-1999; Ord. No. 192, §§ 2, 3, 4-10-2019)

Sec. 38-289. - Installation and occupation of mobile homes.

(a)

No mobile home shall be placed or parked or installed in a mobile home park until such time as a building permit is obtained. Such permit shall be issued by the zoning inspector after finding that the mobile home meets construction standards as approved by the Department of Housing and Urban Development (HUD) Code, or has been certified by a manufacturer as constructed according to the requirements of the HUD Code.

(b)

No mobile home shall be occupied by any person as a residence or for any other purpose until such time as the mobile home is placed or situated on a specific lot in the mobile home park and has been inspected by the zoning inspector and issued a certificate of occupancy.

(c)

The inspection by the zoning inspector shall include the placement of the mobile home, its connection to utilities, and its compliance with all necessary state, township, or other ordinances and regulations. The certificate of occupancy shall be issued by the zoning inspector upon payment of the inspection fee as may be authorized by resolution of the township board from time to time.

(d)

In the event the mobile home is moved to another lot or another mobile home is replaced on the specific lot, a new certificate of occupancy must be obtained by the owner or resident from the zoning inspector.

(Ord. No. 105, § 15(8A.03), 5-12-1999)

Sec. 38-290. - Application procedures.

(a)

Rezoning approval. The application for rezoning for a mobile home park requires the approval of the township board upon recommendation from the planning commission. In reviewing the application, the following shall be among the major considerations of both bodies prior to official action being taken:

(1)

Whether the proposal is in general accordance with the master plan;

(2)

Whether the proposal meets all the design standards of this division and other applicable codes, regulations, or ordinances;

(3)

Whether the density of the proposed development could adversely affect adjacent properties and land uses;

(4)

Whether the proposed development can reasonably be expected to constitute a health hazard or public nuisance to adjacent properties because of inappropriate or inadequate sanitation and/or drainage facilities;

(5)

Whether the proposed development produces an extreme or undue demand on available fire and police protection or other township or county services;

(6)

Whether the traffic characteristics of the proposed development can be expected to place an extreme or undue burden on adjacent vehicular and/or pedestrian circulation facilities;

(7)

Whether the proposed development creates undue impacts to the site's natural features, such as woodlots, wetlands, watercourses, groundwater resources, topography, or other resources; and

(8)

Any other consideration that the planning commission and/or township board may deem relevant to the specific proposal.

(b)

Site plan. Any application for the extension, alteration, or construction of a mobile home park shall be accompanied by a site plan of the proposed development and all permanent buildings indicating the proposed methods of compliance with these requirements. The site plan shall be in conformance with the provisions and requirements of division 2 of this article.

(Ord. No. 105, § 15(8A.04), 5-12-1999)

Sec. 38-291. - Standards and regulations.

(a)

Each mobile home park shall have at least one direct access to a county primary road, as defined in the township master plan. Additional access points may be required by the township as necessary to accommodate additional traffic and safety vehicle access.

(b)

No mobile home or other building for residential purposes shall be in excess of 2½ stories, or exceed a height of 35 feet.

(c)

Each mobile home lot, exclusive of streets, shall have a minimum size of 5,000 square feet and a minimum width of 40 feet, as measured at the minimum building setback line. No more than one mobile home shall be parked on any one lot, and no mobile home shall be occupied by more than one family.

(d)

Each lot shall provide a minimum of 400 square feet of paved off-street parking.

(e)

The front, back, and side yards of every lot shall be suitably landscaped and properly maintained with lawn area, and there shall be at least one shade tree provided for every lot.

(f)

All streets within the mobile home park shall be of bituminous aggregate or similar surface meeting American Association of State Highway and Transportation Offices (AASHTO) public street construction specifications, and they shall be provided with proper curbing.

(g)

The mobile home park shall contain one or more open space areas intended primarily for the use of park residents on a minimum ratio of 250 square feet for every mobile home lot; provided that buffer zone areas and wetlands shall not be included as part of such requirement.

(h)

The mobile home park shall provide one or more storm shelters of size and capacity so as to accommodate all the residents of the park.

(Ord. No. 105, § 15(8A.05), 5-12-1999)

Sec. 38-292. - Utility standards.

(a)

All utilities shall be underground.

(b)

All lots shall be provided with public water and sanitary sewer services, or such water and sanitary sewer services that may be approved by the county health department and other applicable agencies. All mobile homes shall be connected to such services, and all expenses of installation and connection shall be borne by the owner of the mobile home park. No costs shall be applied or taxed against owners of any adjacent property or along any main extended from the mobile home park to the present public sanitary sewer system, unless such adjacent owners shall install a sewer connection to such main.

(c)

The mobile home park shall provide sufficient storm sewer facilities, independent of sanitary sewers, to prevent flooding of either streets or lots within the park in accordance with the requirements of the state department of public health, or its successor. All storm drainage and surface drainage facilities flowing from the park to adjacent areas shall be approved by the county drain commissioner. On site stormwater retention shall be provided so that the rate of discharge shall not exceed undeveloped discharge rates.

(Ord. No. 105, § 15(8A.06), 5-12-1999)

Sec. 38-293. - Mobile home standards.

(a)

Every mobile home shall be supported on a permanent four-inch-thick reinforced concrete mobile home pad or foundation at least 12 feet in width with a minimum of 600 square feet; all areas between the mobile home and the ground shall be enclosed by a fire-resistant skirting.

(b)

In the event the soil or topographic conditions of the proposed mobile home park are such that other foundations or support are appropriate, and the developer provides to the zoning inspector a report by a certified engineer that piers are equal to or superior to the specifications as set forth by the manufacturer, then piers may be used. Such foundations shall be inspected by the zoning inspector.

(c)

Every mobile home shall be at least 12 feet in width and have a minimum of 720 square feet of living area, exclusive of porches, decks, carports, garages, and cabanas.

(d)

Each mobile home lot shall be limited to one detached storage building, not including a garage or carport.

(Ord. No. 105, § 15(8A.07), 5-12-1999)

Sec. 38-294. - Mobile home sales.

(a)

No person desiring to rent a mobile home lot shall be required, as a condition to such rental, to purchase a mobile home from the owner or operator of the park as long as the mobile home intended to be located on such rented site conforms in size, style, shape, price, etc., as may be required by any reasonable rules and regulations governing the operation of the mobile home park.

(b)

Nothing contained in this division shall be deemed to prohibit the sale of a mobile home by the individual owner or the owner's agent, or to prohibit those home occupations as permitted in this division, provided such sales and occupations are permitted by the mobile home park regulations. A commercial mobile home sales lot shall not be permitted in this zoning district.

(Ord. No. 105, § 15(8A.08), 5-12-1999)

Sec. 38-295. - Signs.

A maximum of one identification sign is allowed at each access point to the mobile home park. Each such sign shall not exceed 32 square feet in area and shall not be illuminated by any light source other than a continuous indirect white light. In those cases where signs are intended to be read from both sides, the combined total area of both sides shall not exceed 32 square feet.

(Ord. No. 105, § 15(8A.09), 5-12-1999)

Sec. 38-296. - Refuse disposal.

Each mobile home park shall provide an effective system of garbage and rubbish storage, collection and disposal approved by and satisfactory to the county health department in accordance with Michigan department of natural resources and environment standards.

(Ord. No. 105, § 15(8A.10), 5-12-1999)

Sec. 38-297. - Groundcover.

All exposed ground surface in the mobile home park must be sodded, seeded, or covered with ornamental stone.

(Ord. No. 105, § 15(8A.11), 5-12-1999)

Sec. 38-298. - Recreational equipment storage.

The storage of recreational vehicles, boats, boat trailers, snowmobiles, snowmobile trailers, and other vehicles ordinarily towed or driven for a recreational purpose is specifically prohibited in all mobile home parks, except in a storage area. A storage area shall be screened by a solid type fence five feet in height around its perimeter or by some other screening device which is approved by the township as part of its approval of the site plan.

(Ord. No. 105, § 15(8A.12), 5-12-1999)

Sec. 38-330.- Description and purpose.

This zoning district is intended to accommodate various types of offices, as well as retail and service commercial establishments which supply commodities or perform services for the daily needs of the immediate neighborhood. These uses can serve as a transitional use between more intensive and less intensive uses. This zoning district is intended to be limited to uses which do not generate large volumes of traffic or have extended hours of operation.

(Ord. No. 16, § 9.01, 3-4-1981; Ord. No. 70, § 1, 9-14-1994)

Sec. 38-331. - Use regulations.

Land, buildings or structures in this zoning district may be used for the following purposes only:

(1)

Those nonresidential uses which are permitted in the R-2 and R-3 zoning districts, subject (unless specifically provided otherwise in this division) to the same conditions, restrictions and requirements as are provided in the R-2 and R-3 zoning districts, as the case may be.

(2)

Funeral homes.

(3)

Offices for the following professions and occupations, but excluding the sale of any goods on the premises: executive, administrative, scientific, scholarly, artistic, architectural, engineering, insurance, accounting, law, secretarial, drafting, designing, real estate, sales, and other similar professions and occupations.

(4)

Medical and dental clinics and offices and laboratories.

(5)

Research, development and testing laboratories and offices, but excluding any manufacturing.

(6)

Veterinary clinics.

(7)

Retail and service commercial establishments, if authorized as a special use by the planning commission. In considering whether or not to grant such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

The size, nature, character and location of the proposed use;

The proximity of the proposed use to adjoining property and to uses on such adjoining property.

The parking facilities provided for the proposed use;

Any traffic congestion or hazard which would be occasioned by the proposed use;

How well the proposed use harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The need or necessity for the proposed use to service the needs of the neighborhood;

The hours of operation of the proposed use;

The location and character of any storage areas and facilities to be provided for the proposed use;

The location and character of any display facilities to be provided for the proposed use; and

The effect of the proposed use on the adjoining properties and the surrounding neighborhood.

(Ord. No. 16, § 9.02, 3-4-1981; Ord. No. 70, § 2, 9-14-1994)

Sec. 38-332. - Reserved.

Editor's note— Ord. No. 166, § 4, adopted January 11, 2012, repealed the former section 38-332 in its entirety, which pertained to required conditions and derived from Ord. No. 16, § 9.03, adopted March 4, 1981.

Sec. 38-333. - Height regulation.

No building or structure shall exceed 35 feet in height.

(Ord. No. 16, § 9.04, 3-4-1981)

Sec. 38-334. - Area regulations.

No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. In all cases, there shall be a front yard of not less than 50 feet.

(2)

Side yard.

Each side yard shall be not less than 25 feet, except as provided in subsection (2)b of this section.

There shall be a side yard of not less than 50 feet on the street side of a corner lot.

(3)

Rear yard.

Subject to subsection (4) below, which shall control if applicable, where the rear of a lot in a C-1 zoning district abuts upon the side yard of a lot in any R zoning district or AG zoning district, there shall be a rear yard of not less than 25 feet.

In all other cases, there shall be a rear yard of not less than ten feet.

No accessory building shall be allowed closer than five feet from the rear lot line.

(4)

Screening and building location. Side yards and rear yards adjoining any lot in the AG or any R zoning district shall be adequately screened. An adequate screen would be a solid wall or tight bound fence six feet in height. Alternatively, an adequate screen would be two staggered rows of evergreen trees, at least six feet in height and planted eight feet apart (i.e., from tree center to tree center). No building used for commercial purposes shall be located closer than the height of the building or 50 feet, whichever is greater, to any property line adjoining any lot in the AG or any R zoning district.

(5)

Lot area. The minimum lot area shall be 35,000 square feet. The minimum lot width shall be 110 feet.

(Ord. No. 16, § 9.05, 3-4-1981; Ord. No. 70, §§ 3, 4, 9-14-1994; Ord. No. 105, §§ 16—18, 5-12-1999; Ord. No. 166, § 5, 1-11-2012)

Sec. 38-357.- Description and purpose.

This zoning district is intended as a general commercial district containing uses which include those permitted in the C-1 zoning district, as well as additional retail and service commercial establishments which supply commodities or perform services for the daily needs of the entire community (as opposed to the immediate neighborhood). This zoning district is intended to be limited to uses which are not unreasonably offensive to abutting property or adjoining land uses.

(Ord. No. 16, § 10.01, 3-4-1981; Ord. No. 70, § 5, 9-14-1994)

Sec. 38-358. - Use regulations.

Land, buildings, or structures in this zoning district may be used for the following purposes:

(1)

All uses which are permitted in the C-1 zoning district, subject (unless specifically provided otherwise in this division) to the same conditions, restrictions and requirements as are provided in the C-1 zoning district.

(2)

Retail commercial establishments (intended for the sale of convenience goods such as groceries, prescription drugs, hardware, and other similar commodities) and retail service establishments, which retail commercial or retail service establishments do not require a special use permit as described below. The number of such stores may not exceed three per building. No building which houses one or more such establishments may exceed 75,000 square feet or be located on a lot exceeding three acres.

(3)

If granted a special use permit by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter, any of the following uses:

Outdoor amusement or recreation activities (the hours of operation shall be limited to between 9:00 a.m. and 10:30 p.m. if the use is located within 1,000 feet of the R-1, R-1.5, R-2, R-3, or R-4 zoning district; the use shall be located upon a county primary road or a state highway which has an asphalt or similar hard surface; and the use shall be completely fenced or screened by natural plantings at least six feet in height);

Motor vehicle repair shop or garage;

Drive-in bank facility;

Motor vehicle wash facility;

Dry cleaning and laundry facilities;

Restaurants, including drive-throughs and drive-ins;

Florist and gift shop, including nursery;

Hotels and motels;

Marinas;

Service stations;

Warehousing and storage structures;

Contractors (plumbing, heating, electrical, etc.), provided all operations and storage are within completely enclosed buildings;

Roller rinks, bowling alleys, and other inside recreational facilities;

Parking lots;

Retail commercial establishments and/or retail service establishments which exceed three stores in a building;

One or more retail commercial establishment or retail service establishment housed in a building which exceeds 75,000 square feet or is located on a lot exceeding three acres; and

Trucking or transport operations. In deciding whether or not to grant each authorization, the planning commission shall also consider the following standards:

The size, nature, character and location of the proposed use;

The proximity of the proposed use to adjoining property and to uses on such adjoining property;

The parking facilities provided for the proposed use;

Any traffic congestion or hazard which would be occasioned by the proposed use;

How well the proposed use harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood;

The need or necessity for the proposed use to service the needs of the community;

The hours of operation of the proposed use;

The location and character of any storage areas and facilities to be provided for the proposed use;

The location and character of any display facilities to be provided for the proposed use; and

10.

The effect of the proposed use on the adjoining properties and the surrounding neighborhood.

(Ord. No. 16, § 10.02, 3-4-1981; Ord. No. 70, § 6, 9-14-1994; Ord. No. 204, § 6, 9-8-2021)

Sec. 38-359. - Height regulations and area regulations.

The height regulations for the C-1 zoning district (as set forth in section 38-333) and the area regulations for the C-1 zoning district (as set forth in section 38-334) are incorporated herein for the C-2 zoning district, as if set forth in their entirety.

(Ord. No. 16, § 10.03, 3-4-1981; Ord. No. 70, § 7, 9-14-1994; Ord. No. 166, § 6, 1-11-2012)

Editor's note— Ord. No. 166, § 6, adopted January 11, 2012, changed the title of section 38-359 from "Required conditions, height regulations and area regulations" to "Height regulations and area regulations." The historical notation has been preserved for reference purposes.

Sec. 38-360.- Description and purpose.

This zoning district is intended as a mixed-use district containing a wide range of high quality retail, office, recreation, hospitality and open space uses. This zoning district is intended to allow greater flexibility in the range of permitted land uses and promote a high quality of development through the establishment of specific standards that are consistent with the Blue Star Highway Sub Area Master Plan.

(Ord. No. 166, § 7, 1-11-2012)

Sec. 38-361. - Use regulations.

Land, buildings or structures in this zoning district may be used for the following purposes:

(1)

Private and public schools, libraries, museums, art galleries and similar uses.

(2)

Parks, playgrounds, community centers, governmental, administration, or service buildings.

(3)

Religious institutions.

(4)

Funeral homes.

(5)

Offices for the following professions and occupations: Executive, administrative, scientific, scholarly, artistic, architectural, engineering, insurance, medicine, dentistry, accounting, law, secretarial, drafting, designing, real estate, sales, and other similar professions and occupations.

(6)

Research, development and testing laboratories and offices.

(7)

Retail commercial establishments and retail service establishments, provided the number of such stores may not exceed three per building. No building which houses one or more such establishments may exceed 75,000 square feet or be located on a lot exceeding three acres.

(8)

Banks and financial institutions, with or without drive-in service.

(9)

Nursing home facilities licensed under Public Act No. 368 of 1978.

(10)

If granted a special use permit by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter, any of the following uses:

On-site dry cleaning and laundry facilities;

Restaurants, including drive-throughs and drive-ins;

Florist and gift shop, including nursery;

Hotels and motels;

Parking lots;

Retail commercial establishments or retail service establishments which exceed three stores in a building;

One or more retail commercial establishment or retail service establishment housed in a building which exceeds 75,000 square feet or is located on a lot exceeding three acres;

Other uses not specifically listed above but similar to those allowed by right or by special use permit.

(Ord. No. 166, § 7, 1-11-2012)

Sec. 38-362. - Height regulations.

No building or structure shall exceed 35 feet in height. Buildings or structures exceeding 35 feet in height may be permitted if authorized as a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter.

(Ord. No. 166, § 7, 1-11-2012)

Sec. 38-363. - Area regulations.

No building or structure nor any enlargement shall be erected except in conformance with the following yard, lot area and building coverage requirements:

(1)

Front yard. In all cases, there shall be a front yard of not less than 50 feet, unless a lesser front yard is authorized as a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter.

(2)

Side yard. Except for corner lots, each side yard shall be not less than 25 feet, unless a lesser side yard is authorized as a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter.

(3)

Rear yard. The following rear yard requirements must be met, unless a lesser side yard is authorized as a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter:

Subject to subsection (4) below, which shall control if applicable, where the rear of a lot in a C-3 zoning district abuts upon the side yard of a lot in any R zoning district or AG zoning district, there shall be a rear yard of not less than 25 feet.

In all other cases, there shall be a rear yard of not less than ten feet.

No accessory building shall be allowed closer than five feet from the rear lot line.

(4)

Building location. No building used for commercial purposes shall be located closer than the height of the building or 50 feet, whichever is greater, to any property line adjoining any lot in the AG or any R zoning district.

(5)

Lot area. The minimum lot area shall be 35,000 square feet and the minimum lot width shall be 110 feet, unless a lesser area or width or both are authorized by a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter.

(Ord. No. 166, § 7, 1-11-2012)

Sec. 38-364. - Purpose, scope, general requirements, landscaping and screening.

When reviewing any site plan for a development in the C-3 zoning district, the planning commission shall consider the highway commercial district guidelines approved at that time by the planning commission, and shall require compliance with those guidelines unless the planning commission finds that the applicant has submitted an alternative which promotes the purpose of the guidelines and of the C-3 zoning district better than the guidelines and the zoning district as drafted.

(Ord. No. 166, § 7, 1-11-2012)

Sec. 38-366.- Description and purpose.

This zoning district is intended as a mixed-use district containing a wide range of retail, office, industrial, institutional, multifamily residential, single family residential, recreation, and open space uses. This zoning district is intended to allow greater flexibility in the range of permitted land uses and promote a high quality of development and protect abutting property through the establishment of specific standards that are consistent with the Blue Star Highway Sub Area Master Plan.

(Ord. No. 166, § 8, 1-11-2012)

Sec. 38-367. - Use regulations.

Land, buildings or structures in this zoning district may be used for the following purposes:

(1)

Single family dwellings.

(2)

Two family dwellings.

(3)

Private and public schools, libraries, museums, art galleries and similar uses.

(4)

Parks, playgrounds, community centers, governmental, administration, or service buildings.

(5)

Religious institutions.

(6)

Home occupations.

(7)

Bed and breakfast operations.

(8)

Funeral homes.

(9)

(10)

Research, development and testing laboratories and offices.

(11)

Veterinary clinics.

(12)

(13)

Banks and financial institutions, with or without drive-in service.

(14)

Nursing home facilities licensed under Public Act No. 368 of 1978.

(15)

If granted a special use permit by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter, any of the following uses:

Outdoor amusement or recreation activities;

Motor vehicle repair shop or garage;

Motor vehicle wash facility;

One-site dry cleaning and laundry facilities;

Restaurants, including drive-throughs and drive-ins;

Florist and gift shop, including nursery;

Hotels and motels;

Service stations;

Warehousing and storage structures;

Contractors (plumbing, heating, electrical, etc.);

Roller rinks, bowling alleys, and other inside recreational facilities;

Parking lots;

Retail commercial establishments and retail service establishments which exceed three stores in a building;

One or more retail commercial establishment or retail service establishment housed in a building which exceeds 75,000 square feet or is located on a lot exceeding three acres;

Trucking or transport operations;

Multifamily dwellings;

Conference centers;

Industrial facilities; and

Other uses not specifically listed above but similar to those allowed by right or by special use permit.

(16)

The exterior appearance of the AADU shall not appear to be cobbled together as an addition, but shall instead be integrated architecturally into the PDU;

The method of accessing the interior of the AADU shall not negatively impact the character of the surrounding neighborhood (e.g. the PDU shall still appear to be a single-family dwelling);

The lot shall have adequate provisions for parking; and

The AADU shall have adequate access for emergency services.

(17)

(Ord. No. 166, § 8, 1-11-2012; Ord. No. 192, § 4, 4-10-2019; Ord. No. 198, § 6, 3-11-2020)

Sec. 38-368. - Height regulations.

No building or structure shall exceed 35 feet. Buildings or structures exceeding 35 feet in height may be permitted if authorized as a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter.

(Ord. No. 166, § 8, 1-11-2012)

Sec. 38-369. - Area regulations.

No building or structure nor any enlargement shall be erected except in conformance with the following yard, lot area and building coverage requirements:

(1)

(2)

(3)

Subject to subsection (4) below, which shall control if applicable, where the rear of a lot in a MU zoning district abuts upon the side yard of a lot in any R zoning district or AG zoning district, there shall be a rear yard of not less than 25 feet.

In all other cases, there shall be a rear yard of not less than ten feet.

No accessory building shall be allowed closer than five feet from the rear lot line.

(4)

Building location. No building used for industrial or commercial purposes shall be located closer than the height of the building or 50 feet, whichever is greater, to any property line adjoining any lot in the AG or any R zoning district.

(5)

Lot area. The minimum lot area shall be 35,000 square feet, and the minimum lot width shall be 110 feet, unless a lesser area or width or both are authorized as a special use by the planning commission based upon a consideration of the factors in article II, division 3 of this chapter.

(Ord. No. 166, § 8, 1-11-2012)

Sec. 38-370. - Purpose, scope, general requirements, landscaping and screening.

When reviewing any site plan for a development in the MU zoning district, the planning commission shall consider the highway commercial district guidelines approved at that time by the planning commission, and shall require compliance with those guidelines unless the planning commission finds that the applicant has submitted an alternative which promotes the purpose of the guidelines and of the zoning district better than the guidelines and the zoning district as drafted.

(Ord. No. 166, § 8, 1-11-2012)

Sec. 38-377.- Description and purpose.

This district permits by right certain listed industrial uses. This district also allows, as a special use, other industrial uses not specifically listed herein.

(Ord. No. 16, § 11.01, 3-4-1981; Ord. No. 40, § 1, 6-13-1990)

Sec. 38-378. - Use regulations.

(a)

Land, buildings and structures in this zoning district may be used for the following purposes only:

(1)

The manufacture, only by electricity or gas, of pottery and figurines or other ceramic products, using only previously pulverized clay;

(2)

Bottling plants and dairies;

(3)

Crating and packing services;

(4)

Dry cleaning and laundries;

(5)

Printing shops;

(6)

Sign painting and servicing shops;

(7)

Warehouses and storage;

(8)

Reserved.

(b)

Each use described in (a)(1) through (7) of this section shall be conducted within a completely enclosed building. All of the above uses shall be conducted so that no noise, smoke, dust, vibration, or any other like nuisance shall adversely affect the surrounding neighborhood.

(c)

Other industrial uses shall be allowed if authorized by the planning commission as a special use. In considering such authorization, the planning commission shall comply with the requirements of article II, division 3 of this chapter and any other applicable provisions of the zoning chapter, and shall consider the following factors:

(1)

Ingress and egress to the land in question and the proposed buildings and structures thereon, with particular attention to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency;

(2)

Off-street parking and loading areas where required, with particular attention to the items in subsection (c)(1) of this section;

(3)

Refuse and service areas, with particular attention to the items in subsection (c)(1) and (2) of this section;

(4)

Utilities, with particular attention to location, availability, and compatibility;

(5)

Screens and buffers, with particular attention to type, dimensions, and character;

(6)

Any signs and proposed exterior lighting, with particular attention to glare, traffic safety, economic effect, and compatibility and harmony with the surrounding neighborhood;

(7)

Required yards and other open spaces;

(8)

General compatibility with and proximity to the surrounding neighborhood;

(9)

The size, nature and character of the proposed use;

(10)

Any hazard which would be occasioned by the proposed use;

(11)

Any environmental effect of the proposed use, such as noise, smoke, dust, vibration or other similar effect; and

(12)

The physical appearance of the proposed use and its compatibility with adjoining land uses and land uses in the surrounding neighborhood.

(Ord. No. 16, § 11.02, 3-4-1981; Ord. No. 40, § 2, 6-13-1990; Ord. No. 204, § 4, 9-8-2021)

Sec. 38-379. - Height regulations.

No building or structure shall exceed 45 feet in height.

(Ord. No. 16, § 11.03, 3-4-1981; Ord. No. 89, § 7, 3-12-1997)

Sec. 38-380. - Area regulations.

No building or structure nor the enlargement of any building or structure shall be hereafter erected, unless the following requirements are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. There shall be a front setback of not less than 50 feet.

(2)

Side yards.

Where the side yard of a lot abuts the side of a lot in the industrial zone, there shall be a side yard of not less than ten feet.

In all other cases, there shall be a side yard of not less than 50 feet.

(3)

Rear yard. There shall be a rear yard of not less than 50 feet.

(4)

Lotarea and width. The minimum lot area shall be one acre, and the minimum lot width shall be 110 feet.

(5)

Building location. No building shall be located closer than the height of the building or 50 feet, whichever is greater, to any property line adjoining any lot in the AG or any R zoning district.

(6)

Screening. Each side yard and each rear yard of lots in the I-1 zoning district shall be screened with two staggered rows of evergreen trees, at least six feet in height and planted eight feet apart (i.e., from tree center to tree center).

(Ord. No. 16, § 11.04, 3-4-1981; Ord. No. 105, §§ 19—21, 5-12-1999)

Sec. 38-404.- Description and purpose.

This zoning district is intended to control the placement of buildings and structures and the use of land in areas subject to periodic inundation. The district is located as designated on the flood insurance rate map (FIRM) as prepared by the Federal Emergency Management Agency and as may be amended from time to time. As the density of the population in the township increases and the rural area develops, the importance of preserving drainage basins and areas around drainage streams for their intended purpose becomes acutely obvious. When the land is developed, a greatly increased amount of water runoff results from the replacement of open land with streets and buildings. The purpose of this zoning district is to preserve drainage basins in the township and to prevent or regulate building in areas subject to flooding and upon land which exhibits unstable soil characteristics.

(Ord. No. 16, § 12.01, 3-4-1981)

Sec. 38-405. - Use regulations.

In the FP district, no land or buildings shall be used, and no buildings or structures shall be erected or converted for any use, or under any condition, other than the foregoing:

(1)

Agricultural uses permitted in the AG Agricultural District.

(2)

Residential supportive uses such as lawns, gardens, parking areas, or play areas.

(3)

Boat landings or docks for pleasure use.

(4)

Parks and playgrounds.

(5)

Parking lots, loading areas, and storage areas for equipment and machinery easily moved or not subject to flood damage.

(6)

Golf courses, if the site plan is reviewed by the planning commission in accordance with article II, division 2 of this chapter.

(7)

Structures designed and constructed to accommodate a 100-year flood which might occur in the area as shown on the FIRM or calculated from other official data without material damage to the structure and without material obstruction of the floodplain to the detriment of other properties. Permissible construction hereunder shall include, among others, structures in which the lowest habitable floor area (including basement floors, mobile home floors and attached garage floors but excluding detached garages or storage buildings when constructed and designed in a floodproof manner) is above the documented base 100-year flood elevation. The building and zoning inspector of the township is authorized and directed to determine the acceptability of any proposed construction hereunder, subject to appeal to the zoning board of appeals by an aggrieved applicant, which board shall be governed in its decision by the criteria that the proposed construction complies with the spirit and intent of the purposes of the FP Floodplain District, is not contrary to public health and safety, and would afford substantial justice to all parties involved, including the general public. Any such proposed structure shall also be subject to site plan review by the planning commission of the township in accordance with article II, division 2 of this chapter.

(Ord. No. 16, § 12.02, 3-4-1981)

Sec. 38-406. - Height regulations.

No building or structure shall exceed 35 feet in height.

(Ord. No. 16, § 12.03, 3-4-1981; Ord. No. 89, § 8, 3-12-1997)

Sec. 38-407. - Area regulations.

Yard and lot requirements in the FP district shall be the same as set forth in section 38-214, pertaining to the R-1 Rural Estate District except as may be specifically modified in this division.

(Ord. No. 16, § 12.04, 3-4-1981)

Sec. 38-408. - State compliance.

No new construction in the FP district shall be permitted until the same has received approval from the pertinent state agency or official under the provisions, where applicable, of the shorelines protection and management laws, part 323 of Public Act No. 451 of 1994 (MCL 324.32301 et seq.), the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), the water resources protection laws, part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.), or other applicable state statutes and any and all amendments thereto.

(Ord. No. 16, § 12.05, 3-4-1981)

Sec. 38-430.- Description and purpose.

(a)

The use, area, height, bulk and placement regulations of this division are primarily applicable to the usual situation of one principal building on a lot. In certain large developments, these requirements might result in situations less in the interest of public health, safety and welfare than if a controlled degree of flexibility were allowed. The PUD, Planned Unit Development is intended to permit and control the development of preplanned areas for various compatible uses allowed by this division and for other exceptional uses not so provided.

(b)

Uses in a PUD shall afford each type of land use reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection shall be afforded to uses adjacent to a PUD.

(c)

Under this division, all proceedings shall be conducted with due consideration for maintenance of reasonable conditions regarding emission and transmission of injurious or obnoxious noise, fire or explosion hazard, liquid or solid waste disposal, vibration, gas fumes, smoke, dust, dirt, litter, odor, light, glare, traffic congestion, ingress and egress, police and fire protection, drainage, lateral land support, blighting influence, effect on property values, light and air, overcrowding of persons, sanitation, general appearance of the area, surface and groundwater quality, and other similar considerations having an effect on public health, safety and general welfare of the people of the surrounding area.

(Ord. No. 16, § 13.01, 3-4-1981; Ord. No. 112, § 1(13.01), 11-8-2000)

Sec. 38-431. - Objectives.

The following objectives shall be met by any PUD application in order to realize the inherent advantages of coordinated, flexible, comprehensive and long-range planning and development:

(1)

The PUD shall provide more desirable living, shopping and working environments by preserving as much of the natural character of the property as reasonably possible, including but not limited to open space, stands of trees, brooks, ponds, floodplain, hills and similar natural assets.

(2)

The PUD shall encourage the provision of open space and the development of recreational and/or other support facilities in a generally accessible location within reasonable distance of all dwelling units.

(3)

The PUD shall encourage developers to use a more creative and imaginative approach in the development of areas.

(4)

The PUD shall encourage underground utilities which can be more efficiently designed when master planning a larger area.

(5)

The PUD shall allow phased construction with the knowledge that subsequent phases will be approved as originally planned and approved by the township.

(6)

The PUD shall promote flexibility in design and permit planned diversification in the location of structures.

(7)

The PUD shall promote a reasonable balance between the efficient use of land to facilitate an economic arrangement of buildings, circulation systems, land use and utilities, and the preservation of a rural atmosphere with open spaces and reasonable distances between buildings.

(8)

The PUD shall encourage the combination and coordination of architectural styles, building forms, and building relationships within the development.

(9)

The PUD shall ensure a quality of construction commensurate with other developments within the township.

(Ord. No. 16, § 13.02, 3-4-1981; Ord. No. 112, § 1(13.02), 11-8-2000)

Sec. 38-432. - Required open space.

(a)

As of approximately the date this section is added to this division, the mean average area of lots in the R-1 district which are less than five acres and therefore not able to be divided is 3.3 acres, the median average of these lots in the R-1 district is 3.07 acres, and the mode average of these lots in the R-1 district is 2.5 acres. The mean average of 3.3 acres, 3.07 acres and 2.5 acres is 2.96 acres, which exceeds the required area of 2.5 acres in the R-1 district by over 18 percent. Therefore, for any PUD in the R-1 district, at least 15 percent of the total area of the project must be set aside as open space.

(b)

In the R-1.5 district, at least 15 percent of the total area of the project shall be preserved in the PUD.

(c)

In the R-2 district, at least 750 square feet of open space per dwelling unit shall be preserved in the PUD.

(d)

In the R-3 district, at least 300 square feet of open space per dwelling unit shall be preserved in the PUD.

(Ord. No. 112, § 1(13.03), 11-8-2000; Ord. No. 204, § 7, 9-8-2021)

Sec. 38-433. - Maximum density.

In calculating these maximum densities described below, required open space and any area used for roads, streets, alleys and right-of-way easements shall not be included in the calculations.

(1)

In the R-1 district, the maximum density for a PUD shall be four-tenths of a dwelling unit per acre, unless governed by subsection (2) of this section.

(2)

In the R-1 district, if the property is designated for low-density residential (LDR) use by the township's future land use map in the township's master plan, as amended, the maximum density for a PUD shall be eight-tenths of a dwelling unit per acre.

(3)

In the R-1.5 district, the maximum density for a PUD shall be 0.67 dwelling unit per acre.

(4)

In the R-2 district, the maximum density for a PUD shall be 3.5 dwelling units per acre.

(5)

In the R-3 district, the maximum density for a PUD shall be five dwelling units per acre.

(Ord. No. 16, § 13.03, 3-4-1981; Ord. No. 47, § 2, 7-10-1991; Ord. No. 112, § 1(13.04), 11-8-2000; Ord. No. 116, § 3, 11-14-2001; Ord. No. 136, § 1, 3-9-2005; Ord. No. 204, § 8, 9-8-2021)

Sec. 38-434. - Open space and maximum density adjustments.

In considering a proposed PUD in the R-1, R-1.5, R-2 or R-3 zoning district, the planning commission shall have the discretion to allow an increase in the maximum density in return for an increase in the required open space. However, in any event, the maximum density may not exceed the following:

(1)

In the R-1 district, the increased maximum density for a PUD shall be five tenths of a dwelling unit per acre, unless governed by subsection (2) of this section.

(2)

In the R-1 district, if the property is designated for low-density residential (LDR) use by the township's future land use map in the township's master plan, as amended, the increased maximum density for a PUD shall be one dwelling unit per acre.

(3)

In the R-1.5 district, the increased maximum density for a PUD shall be 0.84 dwelling unit per acre.

(4)

In the R-2 district, the increased maximum density for a PUD shall be four dwelling units per acre.

(5)

In the R-3 district, the increased maximum density for a PUD shall be six dwelling units per acre.

(Ord. No. 112, § 1(13.05), 11-8-2000; Ord. No. 116, § 4, 11-14-2001; Ord. No. 136, § 2, 3-9-2005; Ord. No. 204, § 9, 9-8-2021)

Sec. 38-435. - Open space requirements.

(a)

To the extent reasonably possible, dedicated open space areas shall be continuous and contiguous throughout the PUD with adequate access, through easements or other similar arrangements, so that all properties within the entire PUD may utilize the available open space.

(b)

Open space areas shall be large enough and of proper dimensions so as to contribute significantly to the purpose and objectives of the PUD.

(c)

Designated open space shall consist of contiguous land area which is restricted to non-developmental uses. The following land within the boundaries of a PUD shall not be included as meeting the requirements for open space:

(1)

Any area which is used for roads, streets, alleys, right-of-way easements, etc.;

(2)

Any area devoted to a building lot, accessory use or building, vehicle parking and any approved land development;

(3)

Any area less than 75 feet in width, unless specifically permitted by the planning commission; and

(4)

Fifty percent of any pond area.

(d)

Any significant natural features of the land shall be included within the designated open spaces if reasonably feasible. Examples include: dunes, wetlands, woodlands, steep slopes, etc.

(e)

Minor structures or buildings which are accessory to the designated open space may be erected in accordance with the requirements of this division for accessory buildings.

(f)

The township may require that designated open space be under common ownership or control, so a single entity has proprietary responsibility. Documentation of any such common ownership or control shall be provided to the township.

(g)

The township may require that designated open space be set aside by means of a conveyance approved by the township, and may require the conveyance to contain any or all of the following provisions:

(1)

The open space is protected from all forms of development except as shown on the approved site plan;

(2)

The open space shall not be changed to another use without the consent of the township;

(3)

The proposed allowable use of the designated open space shall be specified in the PUD approval;

(4)

The designated open space shall be maintained by the parties who have an ownership interest in the open space;

(5)

The scheduled maintenance of the open space shall be described and accomplished by the parties with an ownership interest in the open space; and

(6)

The maintenance of open space may be undertaken by the township in the event that the open space is inadequately maintained or becomes a nuisance, in which event any costs incurred by the township for the maintenance shall be assessed against the property owners.

(Ord. No. 112, § 1(13.06), 11-8-2000)

Sec. 38-436. - Application procedures.

An application for a planned unit development shall be submitted and acted upon in accordance with the following procedures:

(1)

Application. Applications for a planned unit development shall be submitted 30 days prior to the next scheduled planning commission meeting through the zoning inspector. The zoning inspector will review the application for completeness and then transmit it to the planning commission. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the township board to cover the costs of processing the application.

(2)

Required information. An application for planned unit development shall be accompanied by the following documents and information:

A planned unit development application form supplied by the zoning inspector which has been completed in full by the applicant;

A site plan as specified in article II, division 2 of this chapter; and

A statement of compliance with the criteria required for approval in section 38-437, and any other criteria imposed by this division affecting the planned unit development under consideration.

(3)

Public hearing. Upon receipt of an application for a planned unit development, the planning commission shall hold a public hearing for the purpose of receiving comments on the application. The public hearing shall be noticed in the manner required by law.

(4)

Review and decision. Within a reasonable period of time, but possibly over several meetings following the public hearing, the planning commission shall review the application for a planned unit development, comments received at the public hearing, the site plan, and other materials submitted in relation to the application. The planning commission shall then deny, approve, or approve with conditions the planned unit development application in accordance with the purpose of this division and the criteria for approval stated in section 38-437, and any other standards contained in this division which relate to the planned unit development under consideration. The planning commission shall prepare a report stating its decision on the request for a planned unit development, the basis for this decision, and any conditions relating to an affirmative decision.

(Ord. No. 16, § 13.04, 3-4-1981; Ord. No. 33, § 1, 10-11-1989; Ord. No. 112, § 1(13.07), 11-8-2000; Ord. No. 145, § 3, 2-14-2007)

Sec. 38-437. - Basis for determination.

Prior to approval of a planned unit development application, the planning commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this division, shall be satisfied by the completion of the planned unit development under consideration.

(1)

General standards. The planning commission shall review the particular circumstances of the planned unit development application under consideration in terms of the following standards and shall approve a planned unit development only upon a finding of compliance with each of the following standards, as well as any applicable standards established elsewhere in this division:

The planned unit development shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

The planned unit development shall not change the essential character of the surrounding area.

The planned unit development shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fume or glare.

The planned unit development shall not place demands on public services and facilities in excess of current capacity.

The planned unit development shall comply with the general purposes described in section 38-430.

The planned unit development shall comply with the objectives described in section 38-431.

(2)

Conditions. The planning commission may impose conditions upon the approval of a planned unit development which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this division. Such conditions shall be considered an integral part of the planned unit development approval and shall be enforced by the zoning inspector.

(Ord. No. 16, § 13.05, 3-4-1981; Ord. No. 112, § 1(13.08), 11-8-2000)

Sec. 38-438. - Permitted uses.

All uses permitted in any zoning district by this division, either by right or by special use permit, as well as any other uses, may be authorized as planned unit developments.

(Ord. No. 105, § 22(13.06), 5-12-1999; Ord. No. 112, § 1(13.09), 11-8-2000)

Sec. 38-439. - Expiration of approval.

Approval of the PUD shall expire and be of no effect unless substantial construction has begun within one year after the approval of the PUD. Once the construction is begun, it shall be completed in accordance with any timeframe established as a condition of the PUD approval, including the time frames established for any phases of a PUD. An extension for a specific period, either for the PUD as a whole or any phase of the PUD, may be granted by the planning commission upon good cause shown.

(Ord. No. 112, § 1(13.10), 11-8-2000)