These general provisions shall apply to all zoning districts.

Zoning applies to every building, structure or use. No building or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with this article.

(Ord. No. 16, § 14.01, 3-4-1981)

Subject to the provisions of the nonconforming uses article, nothing in this article shall prevent the strengthening or restoring to a safe condition of any part of any building or structure which is unsafe.

(Ord. No. 16, § 14.02, 3-4-1981)

State Law reference— Dangerous buildings, MCL 125.538 et seq.

(a)

Requiredarea of space. A lot shall not be divided, altered, or reduced so as to make it not in conformance with the minimum requirements of this article. If already less than the minimum requirements of this article, a lot shall not be divided, altered, or reduced so as to increase its noncompliance with the minimum requirements.

(b)

Existing lots of record.

(1)

Subject to subsection (2) below, in all zoning districts, where two or more lots do not comply with the area or width requirements of the applicable zoning district as of the effective date of the ordinance from which this article is derived or of any amendment to this article, and where the lots are adjacent to each other and are in common ownership, then such lots shall be combined so that the lot or lots created by the combination comply (or more closely comply in the event that compliance is not possible) with the requirements of the applicable zoning district.

In all zoning districts, a lot subject to this subsection shall be considered in compliance with the applicable zoning district and thus not subject to the lot combination requirement in the first paragraph of this subsection (1) if a proposed use of the lot is authorized by the planning commission as a special use. In considering this authorization, the planning commission shall consider the following standards, in addition to article II, division 3 of this chapter:

a.

The size, character, and nature of any buildings to be erected and constructed on the lot;

b.

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

c.

Available parking for the intended use; and

d.

The size of the lot in question compared to the lots in the surrounding neighborhood.

(2)

A lot which is platted or otherwise of legal record as of the effective date of the ordinance from which this article is derived or of any amendment to this article which is located in the R-2 or R-3 district but which does not comply with the area or width requirements of its zoning district may be used for a single-family dwelling only without authorization from the planning commission, and without compliance with the lot combination requirement in subsection (1), if the lot has a minimum lot area of 8,500 square feet (or 15,000 square feet if the lot is not served with public water and sewer) and if there is compliance with all yard requirements for the R-3 district. Otherwise, the lot may not be used unless first authorized by the planning commission as a special use, based upon a consideration of the standards in article II, division 3 of this chapter, and the standards in subsection (1) above.

(3)

If a lot in the R-4, C-1, C-2, C-3, MU, or I-1 district which is platted or otherwise of legal record as of the effective date of the ordinance from which this article is derived or of any amendment to this article does not comply with the area or width requirements of its zoning district, then the lot may be used only if first authorized by the planning commission as a special use. In considering this authorization, the planning commission shall consider the following standards, in addition to article II, division 3 of this chapter:

a.

The size, character, and nature of the proposed use and any principal and accessory buildings to be constructed on the lot;

b.

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

c.

The effect of any increased density of the intended use on the surrounding neighborhood; and

d.

Available parking for the intended use.

(c)

Exceptions. The following buildings and structures shall be exempt from height regulations in all zoning districts, provided they are located at least the same distance as their height from any adjoining property line: parapet walls not exceeding four feet in height; chimneys; silos; farm barns; water towers; elevator bulkheads; cooling and fire towers; church spires; and penthouses for necessary mechanical appurtenances.

(Ord. No. 178, § 1, 6-10-2015)

Editor's note— Ord. No. 178, § 1, adopted June 10, 2015, repealed the former § 38-465 and enacted a new § 38-465 as set out herein. The former § 38-465 pertained to similar subject matter and derived from Ord. No. 16, § 14.03, adopted March 4, 1981; Ord. No. 73, § 1, adopted January 11, 1995; Ord. No. 89, § 9, March 12, 1997; Ord. No. 95, § 1, November 12, 1997; Ord. No. 166, § 9, January 11, 2012.

The erection, construction, alteration or maintenance by public utilities or governmental units, boards or commissions of overhead or underground gas, electrical, steam or water distribution, transmission, collection, communication, or supply systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety or general welfare is permitted in any zoning district. Notwithstanding the exceptions contained in the immediately preceding sentence, the following regulations apply:

(1)

Public utility facilities in any zoning district are required to be constructed and maintained in a neat and orderly manner. Any building which is constructed shall be landscaped and shall conform with the general character of the architecture of the surrounding neighborhood.

(2)

Electrical substations, gas regulator stations, water collection and/or treatment plants, wastewater treatment plants, utility pump and metering stations, and gasoline or oil pipelines are permitted in any zoning district but only with the prior approval of the planning commission as a special use. Other public utility or governmental unit facilities which are not specifically listed above but which are potentially hazardous or obnoxious are also permitted in any zoning district but only with the prior approval of 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:

a.

The location of the public utility or governmental unit facility and particularly its proximity to adjoining properties;

b.

The purpose of the public utility or governmental unit facility, including, without limitation, the extent of the utility's or the facility's service area;

c.

The character, nature and size of the public utility or governmental unit facility;

d.

The security of the public utility or governmental unit facility from invasion or interference by persons or materials;

e.

Any environmental or other consequences of the public utility or governmental unit facility;

f.

The effect of the public utility or governmental unit facility on adjoining properties and the surrounding neighborhood; and

g.

Whether or not there are any prudent and feasible alternatives to the public utility or governmental unit facility.

(3)

An essential service shall not include antennas which are exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications which radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals; towers which are designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes; radio and television transmission towers; microwave towers; common-carrier towers; or cellular telephone towers.

(4)

Above-ground utility equipment also shall be subject to the provisions of article VIII of this chapter.

(5)

An essential service shall not include wind energy conversion systems or wind energy conversion system testing facilities which are subject to the requirements of article IX of this chapter.

(Ord. No. 16, § 14.04, 3-4-1981; Ord. No. 95, § 2, 11-12-1997; Ord. No. 112, § 2, 11-8-2000; Ord. No. 118, § 3, 2-13-2002; Ord. No. 144, § 1, 2-14-2007)

All lots, yards, parking areas or other spaces created after the effective date of the ordinance from which this article is derived shall comply with the minimum requirements of the zoning district in which they are located.

(Ord. No. 16, § 14.05, 3-4-1981)

Every use shall be conducted and operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond the lot on which the use is located.

(Ord. No. 16, § 14.06, 3-4-1981)

(a)

Upon application, the zoning inspector may issue a permit for a temporary office building or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site where located. Each permit shall be valid for a period of not more than six calendar months and shall be renewed by the zoning inspector for four additional successive periods of six calendar months or less at the same location if such building or yard is still incidental and necessary to construction of the site where located.

(b)

Upon application, the zoning inspector may issue a permit for a temporary office which is both incidental and necessary for the sale of real property in a new subdivision or housing project. Each permit shall specify the location of the office and area and shall be valid for a period of not more than six calendar months and shall be renewed by the zoning inspector for four additional successive periods of six calendar months or less of the same location if such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing protect.

(c)

In considering such authorization under subsections (a) and (b) of this section, the zoning inspector shall consider the following standards:

(1)

No unreasonable detrimental effect upon adjacent properties;

(2)

Necessary for the convenience and safety of the construction proposed;

(3)

The nature of the surrounding neighborhood;

(4)

The least offensive access point.

(Ord. No. 16, § 14.07, 3-4-1981)

In any zoning district, accessory uses, incidental only to a permitted use, are permitted when located on the same lot.

(Ord. No. 16, § 14.08, 3-4-1981)

All accessory buildings shall conform to the following requirements, except farm buildings in an AG Agricultural District:

(1)

No accessory building may be built on any R-1, R-1.5, R-2, R-3, or R-4 zoned lot on which there is no principal building. No portion of an accessory building shall be utilized as a dwelling or as sleeping quarters.

(2)

An accessory building built in a front yard shall be set back at least 200 feet from, and fully screened from view from, the street right-of-way line, unless authorized by the planning commission as a special use. In considering this authorization, the planning commission shall consider the following standards in addition to article II, division 3 of this chapter:

a.

The availability of other locations on the lot for the accessory building in question;

b.

The size of the lot in question;

c.

The area and height of the accessory building;

d.

The screening proposed for the accessory building;

e.

Whether or not the accessory building will affect light and air circulation of any adjoining property; and

f.

Whether or not the accessory building will adversely affect the view of any adjoining property.

(3)

An accessory building in a side yard shall meet the side yard provisions of its zone.

(4)

Notwithstanding the provisions of subsection (3) of this section, if an accessory building is located in a side or rear yard, the accessory building shall be at least a distance equal to its height from both the side lot line and the rear lot line, but in no event shall this distance be less than less than ten feet.

(5)

No accessory building may be closer than ten feet to any other accessory building or to any principal building.

(6)

An accessory building shall not exceed the following area and height limitations:

a.

On lots of less than 20,000 square feet in area, the accessory building shall not exceed a total of 480 square feet in area or 12 feet in height.

b.

On lots equal to or greater than 20,000 square feet, but less than one acre in area, the accessory building shall not exceed a total of 768 square feet in area or 14 feet in height.

c.

On lots equal to or greater than one acre in area but less than 1.25 acres (54,450 square feet) in area, the accessory building shall not exceed a total of 1,280 square feet in area or 16 feet in height.

d.

On lots equal to or greater than 1.25 acres (54,450 square feet) in area, the accessory building shall not exceed a total of 1,000 square feet times the number of acres (and fraction of an acre) upon which the same is located, nor shall it exceed 20 feet in height. The maximum size allowed for the accessory building shall be 20,000 square feet in area.

e.

After the construction of a building upon a parcel of land, no subsequent division of such parcel of land shall be made which would cause the building located thereon to be in violation of the terms of this article.

f.

One or more accessory buildings in excess of the square footage limitations or in excess of the height limitations described above may be allowed if authorized by the planning commission as a special use. In considering such a special use application, the planning commission shall consider the following standards, in addition to article II, division 3 of this chapter:

1.

The area and/or height of the accessory building in relation to the size of the lot on which it is to be placed;

2.

The area and/or height of the accessory building in relation to the principal building on the lot on which the accessory building is to be placed;

3.

The location of the accessory building in relation to other buildings on adjoining lots and in relation to the principal building on the lot;

4.

Whether or not the accessory building will affect light and air circulation of any adjoining property; and

5.

Whether the accessory building will adversely affect the view of any adjoining property.

(7)

An accessory building shall not include a mobile home, vehicle, trailer, or other such substitute and no such substitutes shall be permitted to be used as an accessory building.

(Ord. No. 16, § 14.09, 3-4-1981; Ord. No. 24, § I(14.09), 2-8-1984; Ord. No. 30, §§ 4—6, 6-14-1989; Ord. No. 48, § 1, 9-11-1991; Ord. No. 112, §§ 3, 4, 11-8-2000; Ord. No. 121, § 1, 7-10-2002; Ord. No. 177, § 1, 6-10-2015; Ord. No. 188, § 1, 11-14-2018; Ord. No. 204, § 10, 9-8-2021)

A private attached garage for the storage of an automobile or automobiles and other garden and household equipment incidental to a residence may be located upon the residential premises, provided its enclosed area does not exceed 85 percent of the ground floor area of the residence on the site.

(Ord. No. 48, § 2(14.09A), 9-11-1991)

In the R-1, R-1.5, R-2 or R-3 zoning district, no more than one principal building shall be placed upon a single lot or parcel unless the same is located in a planned unit development, as provided in this township zoning chapter.

(Ord. No. 16, § 14.10, 3-4-1981; Ord. No. 204, § 11, 9-8-2021)

Buildings on lots having frontage on two intersecting or nonintersecting streets shall comply with front yard requirements on both such streets and shall have one side yard and one rear yard for determining setbacks.

(Ord. No. 16, § 14.11, 3-4-1981; Ord. No. 208, § 2, 9-13-2023)

(a)

Signs not explicitly permitted are prohibited. A permit shall be obtained for the erection, construction, alteration or replacement of any sign unless otherwise provided in this chapter. All regulated signs shall be subject to the approval of the zoning inspector as to their conformance with the requirements of this chapter. As part of the zoning compliance permit, the applicant shall provide the following:

(1)

Total display area of the sign in square feet;

(2)

Proposed setback of the sign from the street right-of-way, drives and adjacent properties;

(3)

Sign type, purpose and height, and ground clearance if applicable;

(4)

Height and width of building if the sign is a wall sign or wall projecting type;

(5)

Site area and frontage;

(6)

Site and building photos.

(b)

The following signs are prohibited in all zoning districts:

(1)

A sign resembling the flashing lights customarily used in traffic signals; or flashing lights resembling police, fire, ambulance, or rescue vehicles; or flashing lights resembling traffic directional signs or devices.

(2)

A sign using the words, "stop," "danger," or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse a vehicle driver.

(3)

Signs on parked vehicles where the sign is the primary use of the vehicle.

(4)

Signs greater than two square feet that are affixed to trees, shrubs or similar natural features.

(5)

Signs affixed to fences or utility poles or structural elements not capable of supporting such signs.

(6)

Any sign which obstructs the ingress or egress from a required door, window, or other required exit.

(7)

Banners used as permanent signs.

(8)

Temporary signs and devices including inflatable devices, pennants, pinwheels, searchlights or other devices with similar characteristics, except when used temporarily for periods not to exceed 15 days.

(9)

Electronic message centers which use electronic message center display methods involving extended video messages, flashing, rapid scrolling, or strobe lights (see subsection 38-475(h) for definitions of the terms).

(c)

All signs and sign structures shall conform to all applicable codes. Signs shall be installed in a workmanlike manner and be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frames, and fastenings free from deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports that are not galvanized or made of rust-resistant metals.

(d)

Signs erected in the township shall not obstruct the clear view of traffic. If the location or design of a sign may result in a conflict with pedestrian or vehicular movement or circulation, the township may require a clearance of up to ten feet from the finished grade level or curb elevation to the lowest part of such sign or a front setback of up to ten feet.

(e)

If a sign advertises a business, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and the sign faces shall be removed and replaced with blank faces within 60 days after written notification from the township to the sign owner, owner of the property where the sign is located, or other party having control over the sign.

(f)

The following signs are permitted in all zoning districts, without a permit:

(1)

Non-illuminated no trespassing, no hunting, safety, directional, caution or announcement signs each not exceeding two square feet in area or signs announcing the sale of agricultural products each not exceeding six square feet in area.

(2)

Name plates of fewer than two square feet.

(3)

Street name signs and other signs established by state, county, or township units of government when necessary for giving proper directions or otherwise safeguarding the public in any zoning district.

(4)

Non-advertising signs erected by any person that are needed to warn the public of dangerous conditions and unusual hazards including: Caving ground, drop-offs, high voltage, fire danger, explosives, severe visibility limits, or other physical hazards which create imminent danger.

(g)

Temporary signs.

(1)

No temporary signs shall be erected unless authorized as a special use by the planning commission, except for the following temporary signs which are exempt from the permit requirements of this chapter. All other signs must be permanently located on the ground or permanently attached to something permanently located on the ground.

a.

Subdivision signs not exceeding 32 square feet in area are exempt. However, any such sign shall be subject to the approval of the zoning inspector at the time it is erected, and any such sign shall be removed when 50 percent or more of the lots in the subdivision are sold or after five years, whichever first occurs. The sign shall not be illuminated by any light source other than a continuous indirect white light.

b.

One construction sign per project, not exceeding 32 square feet in area, denoting architects, engineers, or contractors in conjunction with the work under construction is exempt. For one-family dwellings under construction, the construction sign may not exceed nine square feet in area. Any such construction sign shall be subject to the approval of the zoning inspector at the time it is erected, and it shall be removed within 14 days after completion of construction.

c.

Temporary real estate signs are exempt. The total area of a real estate sign or signs advertising one lot shall not exceed 12 square feet in area. The total area of a real estate sign or signs advertising more than one lot shall not exceed 32 square feet in area. Such signs shall be removed within 14 days after the lot or lots in question are no longer for sale, rent or lease.

d.

Signs for political advertising are exempt, provided they are temporary, not illuminated, and do not exceed 32 square feet in area. All political signs shall be removed within ten days after the election with which they are concerned.

e.

Temporary signs in the commercial or industrial zoning districts are exempt, provided that each such temporary sign meets the following conditions:

1.

No such temporary sign may have a surface area which exceeds 32 square feet.

2.

No such temporary sign may exceed ten feet in height.

3.

No such temporary sign may violate any of the prohibitions in subsection (b) of this section.

4.

No lot may have a temporary sign erected upon it more than 90 total full or partial days per calendar year.

5.

No such temporary sign may be erected without a zoning certificate of compliance from the zoning inspector.

f.

Garage and estate sale signs are exempt, subject to the following restrictions:

1.

One sign per lot is permitted, located on the lot on which such sale is being conducted, and erected outside of any public right-of-way.

2.

The sign shall not exceed six square feet in area.

3.

The sign may be erected no more than seven days prior to the day(s) of the sale and shall be removed within one day after the completion of the sale.

(2)

In considering whether or not to issue a special use permit for a temporary sign under this subsection, the planning commission shall consider the following standards and article II, division 3 of this chapter:

a.

The size, character and nature of the sign;

b.

The duration of time period during which the sign will be utilized;

c.

The purpose(s) for which the sign is to be erected;

d.

The arrangements made for the removal of the sign after the termination of its usefulness;

e.

The effect of the proposed sign on light and air circulation for lots which are both adjoining and in the surrounding neighborhood of the proposed sign;

f.

Whether or not the sign will constitute a traffic hazard; and

g.

The effect of the sign on the surrounding neighborhood.

(h)

Electronic message centers (EMCs; signs capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means) may be used as signs when otherwise allowed pursuant to this section, subject to the requirements of this subsection.

(1)

Defined terms for this subsection.

a.

Static message: The display on the entire electronic message center stays constant for a period of at least ten minutes. The display does not appear to change, move, scroll, vary color, or vary light intensity.

b.

Alternating message: The display on the entire electronic message center is held constant for a period of at least five seconds. The display does not appear to change, move, scroll, vary color, or vary light intensity during that period. The display transitions to another image instantly or in a transition of less than one-half second.

c.

Animated message: The display on all or part of the electronic message center changes or appears to move, scroll, vary color or vary light intensity. Animated message excludes static messages, alternating messages, extended video messages and flashing or rapid scrolling.

d.

Extended video message: A display on an electronic message center that contains images that vary in a continuous, non-repeating fashion, similar to television viewing. It includes messages or patterns of images that repeat in segments over ten seconds in duration. It excludes images that serve as a background display, where a foreground display comprising at least 50 percent of the EMC surface is held constant for continuous one-second intervals. It also excludes flashing or rapid scrolling displays.

e.

Flashing or rapid scrolling: Flashing means a display that includes a pattern of sudden alteration, less than one-half second, between an illuminated EMC face and a face without illumination, or an EMC face where the copy color and the background color alternate or reverse color schemes rapidly, again in less than one-half second. Rapid scrolling means any letter or character in a message moves or appears to move across an EMC face faster than ten feet in two seconds. Flashing or rapid scrolling excludes a transition of less than one-half second between messages on an alternating message display.

f.

Strobe lights: Strobe lights are high intensity flashing lights that may impair vision.

(2)

Electronic message centers (EMCs) are permitted subject to the following limitations below, and subject to the general regulations pertaining to signs:

(3)

If an EMC is allowed as a special use, the planning commission must find that the EMC will be compatible with surrounding uses, based on all of the following factors, as well as the standards in article II, division 3 of this chapter:

a.

The EMC shall have a setback of at least 15 feet from the front lot line.

b.

The EMC must be turned off from 12:01 a.m. until 5:00 a.m. if in any residential district or if within 500 feet of a dwelling.

c.

Freestanding EMCs must include at least three of the following design elements:

1.

Prominent brickwork, masonry, naturally-finished wood, or naturally-finished metal in frame or supports;

2.

Two support poles or a full width support structure;

3.

The EMC outline or top of the frame is predominantly non-rectangular or curved;

4.

Landscaping around the EMC base is equal in area to the size of the sign;

5.

More than 40 percent of the sign is an EMC;

6.

The EMC height is 20 percent lower than required;

7.

All setbacks are 20 percent more than required; and

8.

The EMC will be used by two or more businesses on the same lot.

(4)

If a freestanding EMC includes four of the design elements listed in subsection (3) above, then the allowable size is increased by ten percent, as long as none of the design elements previously met is not thereby lost. If a freestanding EMC includes five or more of those design elements listed above, then the allowable size is increased by 20 percent as long as none of the design elements previously met is not thereby lost.

(5)

Electronic scoreboards with electronic message centers in stadiums or at sports fields are not considered signs if they are oriented inward to the playing field.

(6)

All electronic message centers shall be kept in good state of repair. Any burned out lights or LEDs shall be replaced as soon as possible.

(7)

Each electronic message center shall be equipped with dimming technology that automatically varies the brightness of the EMC according to the ambient light conditions.

(i)

Non-conforming but previously conforming signs in use on the effective date of this chapter or any amendment to it shall be permitted to remain, provided they are properly maintained. Such maintenance is restricted to painting and minor repairs which cannot be considered a rebuilding of the sign. Extensive repairs constituting rebuilding must meet the requirement of the pertinent zoning district.

(j)

In the AG district, the following sign regulations apply:

(1)

Permitted signs.

a.

Internally illuminated monument signs of up to 24 square feet for lawful institutional uses such as churches, schools and parks. Signs shall not exceed eight feet in height. One non-illuminated wall sign of up to 24 square feet may also be permitted.

b.

One non-illuminated sign of up to four square feet for a home occupation.

c.

One non-illuminated sign of up to 16 square feet for a farm market.

(2)

Standards.

a.

Signs shall be located outside the street right-of-way, and at least ten feet from side property lines.

b.

Sign design shall respect the rural character of the district. As examples, sign colors shall be natural and subdued and sign materials shall be natural looking (e.g., wood and field stone versus glossy metals and plastics).

(k)

In the R-1, R-1.5, R-2, R-3, and R-4 districts, the following sign regulations apply:

(1)

Permitted signs.

a.

Entranceway monument signs (i.e., 32 square feet) are permitted for residential developments. One sign for each street on which there is frontage and from which there is direct access may be provided. Signs shall not exceed six feet in height from established grade.

b.

Monument signs are permitted for lawful institutional uses such as churches, schools and parks. They may be 32 square feet if not illuminated, or 24 square feet if illuminated (i.e., one per use). Signs shall not exceed six feet in height. One non-illuminated wall sign of up to 24 square feet may also be permitted.

c.

One non-illuminated sign of up to four square feet is permitted for a home occupation.

d.

One non-illuminated monument sign of up to 16 square feet may be permitted for all other authorized non-residential uses, unless otherwise regulated in this chapter. Signs shall not exceed six feet in height.

(2)

Standards.

a.

Signs shall be located outside the street right-of-way and at least ten feet from side property lines.

b.

Sign design shall respect the character of the district. As examples, sign colors shall be natural and subdued and sign materials shall be natural looking (e.g., wood and field stone vs. glossy metals and plastics).

(l)

In the C-1, C-2 and C-3 districts, the following sign regulations apply:

(1)

Permitted signs.

a.

Unless billboards are otherwise allowed, signs shall pertain exclusively to the business carried on at the lot.

b.

Signs may be illuminated, provided that the source of light is directed in a manner that will prevent light from shining directly onto traffic or neighboring properties.

c.

One freestanding sign is permitted per lot. For multiple businesses on a lot, regardless of the number of businesses there, one additional freestanding sign may be erected per accessible street frontage when the development has over 500 linear feet of street frontage.

d.

One-half square foot of freestanding sign area is permitted for every one foot of street frontage of the lot except that signs shall not exceed 200 square feet.

e.

Monument signs shall not exceed eight feet in height. All other freestanding (pole) signs shall not exceed 20 feet in height. The 20 feet limit shall be extended to 50 feet for signs on a limited access highway (a highway to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at designated access points determined by the public authority with jurisdiction over the highway).

f.

Wall, awning or bracket signs shall not cumulatively exceed 15 percent of the surface area of the commercial portion of the front building face and may be placed on any wall. In the case where the building is over 100 feet from the street, this allotment may be 20 percent of the front face of the building. In the case where the building is over 300 feet from the street, this allotment may be 25 percent of the front face of the building. In no case, shall any one wall sign exceed 150 square feet.

1.

Canopy signs shall be considered wall signs and a sign attached to a mansard shall be considered a wall sign.

2.

Signs shall not project above the roof line or cornice.

(2)

Standards. Signs shall be located outside the street right-of-way, and at least ten feet from side lot lines.

(m)

In the MU district, the following sign regulations apply:

(1)

Permitted signs.

a.

Signs shall pertain exclusively to the business carried on at the lot.

b.

Signs may be illuminated, provided that the source of light is directed in a manner that will prevent light from shining directly onto traffic or neighboring properties.

c.

One monument sign for a business center (i.e., more than one business on the lot, if permitted) not exceeding 32 square feet in area and eight feet in height.

d.

Individual business may only have a wall, awning or bracket sign which shall not exceed 15 percent of the surface area of the commercial or industrial portion of the front building face. Wall signs may be placed on any wall.

e.

Signs shall be placed against the main building or on a canopy.

f.

Canopy signs shall be considered wall signs.

g.

A sign attached to a mansard shall be considered a wall sign.

h.

Signs shall not project above the roof line or cornice.

(2)

Standards. Signs shall be located outside the street right-of-way, and at least ten feet from side lot lines.

(n)

In the I-1 district, the following sign regulations apply:

(1)

Permitted signs.

a.

Signs shall pertain exclusively to the business carried on at the lot.

b.

Signs may be illuminated, provided that the source of light is directed in a manner that will prevent light from shining directly onto traffic or neighboring properties.

c.

One pole or monument sign is permitted per property, regardless of the number of businesses there, except that one additional freestanding sign may be erected per street frontage when the development has parallel frontage on more than one street or corner frontages on streets totaling over 500 linear feet. Sign area shall be limited to 64 square feet.

d.

Monument signs shall not exceed eight feet in height.

e.

All other freestanding (pole) signs shall not exceed 20 feet in height.

f.

Wall, awning or bracket signs shall not exceed 20 percent of the surface areas of the front building face and may be placed on any wall. In no case shall the signs exceed 150 square feet in area.

g.

Signs shall be placed against the principal building or on a canopy.

h.

A sign attached to a mansard shall be considered a wall sign.

(2)

Standards. Signs shall be located outside the street right-of-way, and at least ten feet from side lot lines.

(o)

In the FP district, the sign regulations shall be the same as in the R-1 district.

(Ord. No. 16, § 14.12, 3-4-1981; Ord. No. 40, § 3, 6-13-1990; Ord. No. 62, §§ 3—5, 7-14-1993; Ord. No. 89, § 10, 3-12-1997; Ord. No. 105, § 23, 5-12-1999; Ord. No. 166, § 10, 1-11-2012; Ord. No. 204, § 12, 9-8-2021)

Billboards may be erected adjacent to I-196 or U.S. 31, provided that they must meet all of the following conditions. For purposes of these conditions, double-faced billboards (i.e., structures with back-to-back faces containing or able to contain advertising) and V-shaped billboards having only one face visible to traffic proceeding from any given direction on a street shall be considered as one billboard. Otherwise, billboards having more than one face, including billboards with tandem (side-by-side) or stacked (one-above-the-other) faces, shall be considered as multiple billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in this section. A billboard's surface display area containing or able to contain advertising shall be considered to be the billboard's face.

(1)

Not more than three billboards may be located per linear mile of street, regardless of the fact that such billboards may be located on different sides of the street. The linear mile measurement shall not be limited to the township's boundaries if the particular street extends beyond such boundaries.

(2)

No billboard may be located within 1,000 feet of another billboard. The 1,000 feet measurement shall not be limited to the township's boundaries.

(3)

No billboard may be located within 200 feet of any preexisting dwelling, preexisting church or preexisting school. If the billboard is illuminated, the required distance shall be increased to 300 feet.

(4)

No billboard may be located closer than 75 feet from a property line adjoining a public right-of-way; further, no billboard may be located closer than ten feet from any other property line of the lot on which the billboard is located.

(5)

A billboard's face may not exceed 300 square feet. Double-faced billboards and V-shaped billboards may have two faces which individually do not exceed 300 square feet.

(6)

A billboard's height (measured to its highest point) may not exceed 20 feet above the grade of the ground upon which the billboard sits, or above the grade of the abutting street, whichever is higher.

(7)

No billboard may be placed on top of, cantilevered from or otherwise suspended above the roof of any building.

(8)

A billboard may be illuminated, but only if such illumination is concentrated on the billboard's face and is located so as to avoid glare or reflection onto any portion of an adjacent street, the path of oncoming vehicles, or any adjacent lot. No rotating or oscillating beam, beacon, flashing illumination or intermittent lights may be used in connection with any billboard. No billboard illumination may obscure or interfere with the effectiveness of an official traffic sign, device or signal.

(9)

A billboard shall be securely anchored and otherwise adequately constructed in order to withstand all wind and vibration forces which can normally be expected to occur in the vicinity. A billboard shall be adequately maintained to ensure its continued structural soundness and the continued readability of its message.

(10)

A billboard adjacent to the interstate highway, freeway and primary highway systems of the state, as such terms are defined in the highway advertising act of 1972, Public Act No. 106 of 1972 (MCL 252.301 et seq.), shall comply with all of the above requirements as well as the applicable provisions of the highway advertising act of 1972 and any applicable regulations promulgated thereunder, as such provisions and/or regulations may be amended from time to time.

(Ord. No. 62, § 6(14.12A), 7-14-1993)

Notwithstanding any other provision of this article, no building or structure shall be hereafter constructed, erected or enlarged on a lot abutting a street designated as a major thoroughfare on the township general master plan, as the same shall be amended from time to time, unless a 100-foot minimum building setback, measured from the street centerline, is maintained for a county primary street.

(Ord. No. 16, § 14.13, 3-4-1981)

(a)

Except as hereinafter provided, minimum lot widths for building sites in all districts shall be measured along the lot line abutting a public street and shall not be diminished below such minimum throughout the lot or parcel.

(b)

In the case of lots abutting public cul-de-sac streets, the minimum lot width shall be measured at the required setback distance for buildings and structures from abutting public streets and the minimum width shall not be diminished throughout the remainder of the lot. Such cul-de-sac lots shall have a minimum width of 50 feet at the abutting street line, which minimum shall not be diminished within the required setback area for structures and buildings.

(c)

Minimum lot widths for irregular, flag, or T-shaped lots which are not abutting a cul-de-sac street shall be measured along the lot line abutting a public street and shall not be diminished below such minimum throughout the lot.

(d)

No new, irregularly-shaped lots shall be created that do not meet required lot width and area requirements of the zoning chapter, unless they are part of an approved, recorded subdivision, have been the subject of an approved variance by the zoning board of appeals under article II, division 4 of this chapter or are part of a planned unit development under division 11 of this article.

(Ord. No. 16, § 14.14, 3-4-1981; Ord. No. 24, § I(14.14), 2-8-1984; Ord. No. 30, § 7, 6-14-1989)

The provisions of this article shall be applicable to and enforceable against the township itself and all other governmental agencies and units, federal, state or local.

(Ord. No. 16, § 14.15, 3-4-1981)

No permit shall be issued for the construction of a building or structure which is to have drinking water and/or sanitary facilities located therein and which is to be located on a lot which is not served by both public water and public sanitary sewer facilities if its water supply or sewage disposal facilities, or both, as the case may be, do not comply with the applicable rules and regulations of the county and of the state.

(Ord. No. 16, § 14.16, 3-4-1981)

(a)

No pond shall be constructed, erected, installed, located or maintained, unless it has first been authorized by a permit from the zoning inspector. In considering such authorization, the zoning inspector shall consider the following standards:

(1)

The location of the pond and particularly its proximity to adjoining properties;

(2)

The purpose of the pond;

(3)

The character, nature and size of the pond;

(4)

Any potential of the pond to result in stagnant water or other such difficulties or problems; and

(5)

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

(b)

If the zoning inspector determines, in considering the authorization of a pond, that the protection and safety of the general public requires that the pond be enclosed, then it shall be enclosed by a fence or wall constructed and erected to such specifications as shall be established by the zoning inspector.

(c)

No pond shall be used unless adequate public health measures are periodically taken to ensure that the existence and/or use thereof will not cause or spread a disease or otherwise provide conditions dangerous to the public health.

(d)

The discharge pipe leading from any pond shall not exceed six inches in diameter and shall be composed of galvanized iron or such other standard and durable material as may be approved by the zoning inspector. No pond shall be wholly or partially emptied in any manner that will cause water to flow upon other property. No pond shall discharge into the public sanitary sewer. If a storm drain is readily accessible to the lot on which the pond is located, then the pond shall be emptied in such a manner as to utilize such storm drain.

(e)

The slope to the banks or sides of a pond shall in no event exceed a minimum of four feet horizontal to one foot vertical. This slope must be maintained and extended into the water to a depth of four feet.

(f)

No pond shall be constructed, erected, installed, maintained or located that will cause or contribute to the erosion of any adjoining property.

(g)

Each pond shall be located on one lot and shall be at least 40 feet from any lot line (i.e., no lot line may be closer than 40 feet to any portion of the pond).

(h)

The pond may not exceed 25 percent of the total area of the lot in question.

(i)

The pond shall comply with all of the regulations in this zoning chapter, pertaining to the removal of natural resources from the premises.

(j)

The zoning inspector may not authorize any pond which exceeds any of the limitations in this section. If an applicant proposes a pond which will be located on more than one lot and therefore will not meet the requirements of subsection (g) of this section, then the pond may not be constructed, erected, installed, maintained or located, unless authorized as a special use by the planning commission. In considering such a special use application, the planning commission shall consider the standards in subsection (a) of this section, in addition to article II, division 3 of this chapter.

(Ord. No. 16, § 14.17, 3-4-1981; Ord. No. 74, § 2, 4-12-1995)

No building shall be razed until a permit has been obtained from the zoning inspector who shall be authorized to require a performance bond in any amount not to exceed $1,000.00 for each 1,000 square feet or fraction thereof of floor area of the building to be razed. Such bond shall be conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the zoning inspector may from time to time prescribe, including filling of excavations and proper termination of utility connections.

(Ord. No. 16, § 14.18, 3-4-1981)

(a)

No existing building or structure of any type or kind shall be moved into the township or moved from one lot in the township to another lot in the township, unless authorized by the planning commission as a special use. In considering whether or not to grant such a special use permit, the planning commission shall consider the following standards, in addition to article II, division 3 of this chapter:

(1)

The type and kind of construction of the existing structure or building in relation to its strength to tolerate the move, in relation to whether or not it may be a fire hazard, and in relation to its compatibility with the type and kind of buildings and structures adjoining and in the neighborhood surrounding the lot to which the building or structure is to be moved;

(2)

Whether or not the type and age of the building or structure to be moved is in keeping with the type and age of such buildings and structures which are adjoining and in the neighborhood surrounding the lot to which the building or structure is to be moved;

(3)

The type and kind of materials used in the construction of the structure or building desired to be moved as such construction materials relate and compare to the type and kind of materials used in the construction of other buildings and structures adjoining and in the neighborhood surrounding the lot to which the building or structure is to be moved;

(4)

The reports and/or conclusions of any township, county or state inspectors concerning whether or not the building or structure, if moved as proposed, would meet the required standards of any and all required construction codes, including without limitation the applicable building, electrical, plumbing and mechanical codes;

(5)

Whether or not the building or structure, if moved as proposed, would meet the required standards of this article and any other relevant township ordinance or provision of this Code; and

(6)

Whether or not the lot onto which the building or structure is to be moved would be appropriately graded and landscaped so as to be compatible with the surrounding neighborhood.

(b)

As a condition to any special use permit granted by the planning commission to move an existing building or structure, the planning commission may require the person granted the permit to file with the township a security deposit (consisting of cash, certified check, or irrevocable bank letter of credit) for the following purposes and conforming to the following provisions and requirements:

(1)

The security deposit shall be conditioned upon the faithful performance of the person holding the permit. In the event the person fails to comply with any one or more of the provisions of the permit or of this article, the township may use the security deposit or require the person to use the security deposit to comply with all of the provisions of the permit and this article. The township may also recover from the security deposit any damages or losses suffered by the township and any costs or expenses incurred by the township as a result of the person's fees and costs, up to the full amount of the security deposit. The township shall not be precluded from claiming additional damages or losses against the person holding the permit, over and above the full amount of the security deposit.

(2)

The security deposit shall insure strict compliance with any regulations contained herein or required as a condition of the issuance of the permit hereunder. The security deposit shall be maintained in full force and effect until all of the conditions of the permit and requirements of this article have been met, although the security deposit may be reduced on a proportional basis as the conditions or requirements are partially met.

(3)

The security deposit shall be in such form and in an amount determined by the planning commission to be reasonably necessary to insure compliance hereunder.

(Ord. No. 16, § 14.19, 3-4-1981; Ord. No. 82, § 1, 4-10-1996)

(a)

No fence in excess of six feet in height shall be erected, constructed, located or maintained in any R-1, R-1.5, R-2, R-3, or R-4 zoning district. In addition, no fence in excess of 48 inches in height shall be erected, constructed, located or maintained in a front yard in any R-1, R-1.5, R-2, R-3, or R-4 zoning district or in the front or rear yard of any waterfront lot in any R-1, R-1.5, R-2, R-3, or R-4 zoning district. Any fence constructed in a front yard, or in a front yard or a rear yard of any waterfront lot, shall not be a solid barrier which completely obstructs view; rather, any such fence shall allow at least 75 percent visibility through the fence itself. No fence shall contain barbed wire, unless the fence is used as part of a farming operation. The zoning board of appeals may, in its discretion pursuant to section 603 of the Michigan zoning enabling act (MCL 125.3603), authorize a fence of a height greater than six feet or 48 inches, as the case may be. In granting such authorization, the zoning board of appeals shall consider the following standards:

(1)

The effect upon adjoining properties;

(2)

Whether the fence will affect the light and air circulation of any adjoining properties;

(3)

Whether the fence will adversely affect the view from any adjoining property;

(4)

The reason for the request to construct a fence higher than permitted by this article;

(5)

The size, type and kind of construction, proposed location and general character of the fence; and

(6)

The size of other fences on properties which are adjoining and in the surrounding neighborhood.

(b)

No fence, hedge or other landscaping shall be erected, constructed, located or maintained in any zoning district which constitutes a traffic hazard because of obstruction or visibility or any other reason.

(c)

No fence shall be erected, constructed, located or maintained on any waterfront lot within 20 feet of the high-water mark for that lot. No hedge or other landscaping over three feet in height shall be erected, constructed, located or maintained on any waterfront lot within 20 feet of the high-water mark for that lot.

(Ord. No. 16, § 14.20, 3-4-1981; Ord. No. 30, § 8, 6-14-1989; Ord. No. 105, § 24, 5-12-1999; Ord. No. 204, § 13, 9-8-2021)

(a)

The keeping of domestic animals shall be permitted in the R-1, R-1.5, R-2, and R-3 districts per the regulations of the following table:

(b)

Buildings for housing large-hoofed and small-hoofed animals shall not be closer than 100 feet to a neighboring dwelling unit, nor closer than 50 feet to an abutting property line.

(c)

The keeping of exotic animals is permitted as a special land use in the AG Agricultural (as per section 38-183), R-1 Rural Estate (as per section 38-212), R-1.5 Rural Estate (as per section 38-217), R-2 Low Density Residential (as per section 38-240), and R-3 Medium Density Residential (as per section 38-266) zoning districts.

(d)

Beekeeping (apiaries): Bees may be kept in the R-1.5 and R-2 zoning district, subject to compliance with the following criteria.

(1)

Hive density. Two hives are permitted on a lot with at least 12,500 square feet in lot area; one additional hive is permitted for each additional 6,000 square feet in lot area.

(2)

Hive placement. Hive placement shall be at least 25 feet from any lot line, unless the hive is separated from the lot line by a solid fence or vegetative screen at least six feet tall. In no event may a hive be closer than ten feet from a lot line.

(3)

Review. A review from a professional beekeeper may be required by the township to ensure that there are no safety issues, based on a consideration of the lot area, the location of the hives, the number of hives, the use of adjacent property, and such other factors as the township deems relevant.

(4)

Hive size. Hive size shall be a maximum of 20 cubic feet.

(5)

Water. Hives shall be provided a constant source of water.

(6)

AG and R-1. Bees may be kept as a matter of right on lots in the AG zoning district, and on lots of at least 2-1/2 acres in the R-1 zoning district.

(Ord. No. 16, § 14.21, 3-4-1981; Ord. No. 59, § 13, 11-11-1992; Ord. No. 89, § 11, 3-12-1997; Ord. No. 174, § 2, 4-9-2014; Ord. No. 204, § 14, 9-8-2021)

(a)

Pools used for swimming or bathing shall be in conformity with the requirements of this section; provided, however, these regulations shall not be applicable to any such pool less than 24 inches deep or having a surface area less than 250 square feet, except where such pools are permanently equipped with a water recirculation system or involve structural materials.

(b)

A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged or altered until a permit has been obtained from the zoning inspector.

(c)

The outside edge of the pool wall shall not be located closer than six feet from any rear or side property line; provided that, if any part of the pool walls are more than two feet above the surrounding grade level, such pool shall be placed or erected not less than ten feet from any lot line. No pool shall be located under any electrical wiring or in a front yard.

(d)

Each pool shall be enclosed by a fence or wall with a height of at least four feet, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four feet above the underlying ground; all gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children. A natural barrier, hedge, pool cover, or other protective device approved by the zoning board of appeals may be used as long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein.

(e)

All swimming pool installations shall comply with the state construction code and all standard codes referred to therein.

(Ord. No. 16, § 14.22, 3-4-1981)

In all zoning districts, uses within one-half-mile of the Lake Michigan shoreline, or as determined by the zoning inspector, shall be subject to the following regulations:

(1)

A site plan shall be submitted as specified in article II, division 2 of this chapter.

(2)

Minimum setback requirements as established by the state department of natural resources and environment for high-risk erosion areas shall be enforced.

(3)

Buildings, structures or roads shall be located in areas where vegetation has stabilized the dunes.

(4)

Raised construction techniques shall be utilized in areas of unstable or sparsely vegetated sand dunes.

(5)

Roads or driveways may be located behind the high dune, in the trough between the high dune and the foredune ridge, and/or through natural gaps within the dune system. The natural topography of the dune crest shall not be altered.

(6)

Non-vehicular pathways and trails shall be primarily sited in the trough behind the foredune or behind the high dune. These pathways and trails may only cross the dune treat where natural gaps exist. If a pathway or trail causes erosion or damage to nonvegetated or vegetated sand areas, raised boardwalks or stairs shall be used.

(7)

When practical, shared access drives, roads and utility easements will be encouraged.

(8)

Nonpaved and paved roads or driveways shall have beach grass (Ammophlla Breviligulata Fernald) or other suitable material planted an areas of open sand 50 feet on each side of the road or driveway.

(9)

Buildings, structures, and roads or driveways shall be sited to minimize the disturbance of natural vegetation.

(Ord. No. 16, § 14.24, 3-4-1981)

State Law reference— Sand dunes protection and management, MCL 324.35301 et seq.

All home occupations shall be subject to the following restrictions and regulations:

(1)

The occupation shall be operated in its entirety within the dwelling and not within any garage or accessory building located upon the premises, except for incidental storage in or use of a residential-type garage upon the premises.

(2)

The occupation shall be conducted only by the person occupying the premises as the principal residence a major portion of each month; provided, however, that the planning commission shall have the authority to permit additional subordinate assistants who do not so reside within that dwelling where the same would not materially impair the residential character of the neighborhood or cause traffic congestion or parking problems. In no event shall such additional assistants exceed three in number.

(3)

The dwelling has no exterior evidence, other than a permitted four square feet sign, to indicate that the same is being utilized for any purpose other than that of a dwelling.

(4)

The occupation conducted therein is clearly incidental and subordinate to the principal use of the premises for residential purposes.

(5)

No goods are sold from the premises which are not strictly incidental to the principal home occupation conducted therein.

(6)

No occupation shall be conducted upon, or from, the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises. Noise, smoke, odor, electrical disturbance or the source of lighting shall not be discernible beyond the boundaries of the property from which the occupation is conducted.

(7)

Any such home occupation shall be subject to annual inspection by the zoning inspector and may be terminated by order of such inspector whenever the same fails to comply with the zoning chapter.

(8)

The planning commission shall have authority to determine whether or not a proposed use complies with the zoning chapter and is within the spirit of the same to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety and general welfare of the neighborhood will not thereby be impaired under and in accordance with the procedure set forth in article II, division 3 of this chapter.

(Ord. No. 16, § 14.25, 3-4-1981; Ord. No. 166, § 11, 1-11-2012; Ord. No. 208, § 3, 9-13-2023)

State Law reference— Single-family residence, instruction in craft or fine art as home occupation, MCL 125.3204.

On any corner, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 3½ feet and eight feet above the established abutting road grade within a triangle formed by the two street right-of-way lines and a line connecting them to points 25 feet from the intersection of the right-of-way lines.

(Ord. No. 16, § 14.26, 3-4-1981)

No person shall dump or cause to be dumped or deposited on any public or private land situated in the township any tin cans, automobile bodies, appliances, junk, moveable structures or other litter or waste material of any kind of description, unless such area is a municipally owned or operated public landfill, dumping ground or waste collection depot. No dumping, depositing, littering, placing or permitting to be so deposited of any such waste material of any kind or nature in violation of part 89 of Public Act No. 451 of 1994 (MCL 324.8901 et seq.), shall be allowed within the township.

(Ord. No. 16, § 14.27, 3-4-1981)

No satellite dish antenna shall be erected, constructed, installed, maintained or operated in the township, except in conformance with the following restrictions and regulations:

(1)

Only one satellite dish antenna shall be permitted per lot or premises (AG, R-1, R-1.5, R-2, R-3, R-4).

(2)

A satellite dish antenna shall only be permitted in a rear yard, except that a satellite dish antenna shall also be permitted on the top of a building used for a commercial or industrial purpose and located in a commercial or industrial district.

(3)

A satellite dish antenna shall be securely anchored through the use of a concrete pad or other system approved by the zoning inspector as being adequate to secure the satellite dish antenna during high winds.

(4)

A satellite dish antenna shall be located in compliance with the rear yard setback regulations applicable to accessory buildings not used as garages as specified in section 38-471.

(5)

A satellite dish antenna shall not exceed 15 feet in height or 12 feet in diameter.

(6)

No portion of a satellite dish antenna shall contain any name, message, symbol or other graphic representation, with the exception of warning signs and manufacturers labels, unless it is located in a commercial or industrial district.

(7)

A satellite dish shall be a neutral color approved in writing in advance of installation by the zoning inspector.

(8)

A satellite dish antenna shall not be erected, constructed, or installed until a permit has been obtained from the zoning inspector in accordance with article II of this chapter, section 38-31. The application shall be accompanied by drawings showing the proposed method of erection, construction and installation, including details concerning anchoring, and by a site plan showing the proposed location of the satellite dish antenna, its proposed height and foundation details.

(Ord. No. 26, § 14.28, 5-8-1985; Ord. No. 204, § 15, 9-8-2021)

No travel trailer, boat, motor home, house trailer, bus, trailer home, camper, trailer coach, or similar transportable unit parked or stored on private or public property in the R-1, R-1.5, R-2, R-3, or R-4 zoning district shall be used as sleeping quarters, be connected to utilities or be used for human habitation in any manner. The same prohibition shall apply to such units in any other zoning district unless the unit is in a properly licensed and lawfully operated park or marina designed for use by such units, or unless the zoning inspector issues a permit authorizing specifically named individuals to use such a unit for a specifically designated period of time in a way which would otherwise violate the terms of this section.

(Ord. No. 30, § 9(14.29), 6-14-1989; Ord. No. 204, § 16, 9-8-2021)

(a)

Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act (the "MRTMA"), are prohibited in all zoning districts, and shall not be permitted as home occupations under section 38-458.

(b)

No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the MRTMA, that was engaged in prior to the enactment of this chapter or prior to the addition of this section to the chapter, shall be deemed to have been a legally established use under the provisions of this chapter; that use shall not be entitled to claim legal nonconforming status.

(c)

Violations of this section are subject to the violations and penalties pursuant to section 38-34 of this chapter and may be abated as nuisances.

(Ord. No. 191, § 1, 4-10-2019)

Short-term rentals have historically been considered a commercial use, which have not historically been permitted in residential districts. Furthermore, the township is committed to preserving its neighborhoods' residential character, minimizing potential nuisances, and maintaining its small-town character and scenic beauty. It intends to protect its residents and visitors from the potentially negative or harmful effects that can arise from commercial rentals, including the potential impact on the appearance, tranquility, and standard of living in its prime residential areas.

However, the township also recognizes the potential benefits of tourism and additional lodging opportunities for visitors, as well as the financial benefit that short-term rentals can bring to property owners in the township. Therefore, the township wishes to obtain a balance between these considerations and allow short-term rentals as set forth in this chapter.

Parcels may have only one accessory dwelling unit, attached or detached, and may rent only one dwelling unit.

(Ord. No. 198, § 7, 3-11-2020; Ord. No. 208, § 4, 9-13-2023)

Editor's note— Ord. No. 198, § 7, adopted March 11, 2020, enacted provisions intended for use as section 38-493. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 38-494.

(a)

Purposes. Non-motorized pathways promote and provide for the public health, safety, and general welfare by achieving various public purposes.

(1)

Non-motorized pathways provide a safer location for travel along streets for bicyclists and pedestrians, rather than the edge of a street.

(2)

Non-motorized pathways encourage and promote aerobic exercise.

(3)

Non-motorized pathways conserve energy and reduce air pollution by allowing for a convenient means of travel by bicycle or as a pedestrian rather than utilizing a motor vehicle.

(4)

Non-motorized pathways reduce traffic congestion by lowering the number of motor vehicles on a street.

(5)

The township has invested significant resources developing non-motorized pathways, and linking new developments to existing non-motorized pathways will help create a multimodal community.

(b)

Scope and applicability. Non-motorized pathways shall be required along the entire site frontage of a street on a section line in the township (i.e. "section line street") for any site plan and any residential development (i.e., planned unit development, site condominium, subdivision, or any other development with more than two dwellings).

(c)

Location. Non-motorized pathways shall be located within the right-of-way of a section line street.

(d)

Design standards.

(1)

Non-motorized pathways shall meet the standards of the Allegan County Road Commission and American Association of State Highway and Transportation Officials (AASHTO); they shall be hard-surfaced according to the approval of the planning commission; and they shall be subject to approval by the township engineer. Specific AASHTO requirements may be waived or relaxed by the planning commission upon a finding that the public health, safety, and general welfare will be adequately protected.

(2)

Residential developments shall provide one or more pedestrian connections to adjacent residential developments, as described above, unless determined by the planning commission to not be feasible.

(3)

Non-motorized pathways shall consider universal design criteria to ensure access to disabled persons.

(e)

Installation.

(1)

No building permits shall be issued until the construction of any required non-motorized pathways along the entire site frontage of a section line street for any site plan and any residential development.

(2)

In lieu of completing the non-motorized pathway construction, a performance guarantee may be allowed by the township for up to a two-year period if subsequent utility improvements or other construction activities would conflict with the non-motorized pathway.

(3)

The planning commission has the option to not require a non-motorized pathway upon considering the following circumstances.

a.

A non-motorized pathway already exists on the other side of the street.

b.

The adjacent street has widened shoulders which connect to a nearby non-motorized pathway.

c.

The property is industrially zoned, located within an industrial park, and is on a dead end street.

d.

The proposed improvements to the lot are minor in nature and do not involve a new building or parking lot.

e.

The non-motorized pathway, if constructed, would not connect to any other non-motorized pathway, and there are no non-motorized pathways constructed or planned to be constructed within the reasonably near future in the general area.

(Ord. No. 204, § 17, 9-8-2021)

The maximum occupancy of a dwelling shall comply with the requirements of the International Property Maintenance Code, as adopted by the township.

(Ord. No. 204, § 18, 9-8-2021)