Access to a street. All lots of record created after the effective date of this chapter shall have frontage on a public street or private road by special use permit and approved access, except in the case of an officially approved group housing development or an approved mobile home park as provided for in this chapter.

Unsafe buildings. Nothing in this chapter shall prevent compliance with an order by an appropriate authority to demolish, correct, improve, strengthen, or restore to a safe condition any building declared to be unsafe.

Grading and filling of property. The final grade surface of ground areas remaining after the construction of a building or structure and any earth changes made in connection with use of land shall be designed and landscaped such that surface water flows away from the building or structure and is collected or managed in a manner which avoids any increase in surface water discharge onto adjacent properties or public roads, the erosion of or filling of any road ditch, the blockage of any public watercourse, the creation of standing water over a private sewage disposal drainage field, and any unnecessary impoundment of surface water. The provision of this section shall be to administer and enforce pursuant to Article VIII, Site Plan Review, when applicable. In all other cases, the Building Official shall determine whether the provisions of this section are met, provided that he first consults with the County Drain Commissioner and the Superintendent of the County Road Commission (if county road right-of-way is involved) before taking any action to correct the situation. When it is determined by the Building Official, after the aforementioned consultation, that inadequate surface water control exists, no certificate of occupancy shall be issued until the situation is corrected and approved by the Building Official.

Required water supply and sanitary sewerage facilities. No structure for human occupancy shall be erected, altered, or moved upon any lot or premises and used in whole or in part for dwelling, business, industrial, or recreational purposes unless it shall be provided with a safe, potable water supply and with a safe and effective means of collection, treatment, and disposal of human excreta and domestic, commercial and industrial wastes. All such installations and facilities shall conform with the minimum requirements of the County Health Department, Michigan Department of Health and Human Services and/or Department of Natural Resources, Waste Water Division.

Soil erosion and sedimentation. All development in all districts shall conform to the County Erosion/Sedimentation Ordinance and general rules; and P.A. 60 of 1995, MCLA § 324.9101, the Natural Resources and Environmental Protection Act.

Uses of structures for temporary dwellings. No structure shall be used for dwelling purposes that does not meet the minimum standards, as defined in this chapter and the current Construction Code.[1]

Temporary buildings. Temporary buildings may be permitted for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work or within the period of one year, whichever is the lesser time period. However, the Township Board may grant an extension to this one-year time period.

Accessory buildings. Authorized accessory buildings may be erected as a part of the principal building or may be connected to it by a roofed-over porch, patio, breezeway, or similar structure, or may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it, and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building shall not be nearer than 10 feet from any other structure on the same lot nor the distances shown in the dimensional chart in Article VI. An accessory building located in a front yard shall be set back the required distance for all primary structures. Accessory structures shall be prohibited without the existence of a principal structure.

Exception to required lot area. Any legally created lot created and recorded prior to the effective date of this chapter may be used for any permitted use even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided:

Lot area can be allocated once. No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed building or the alteration of an existing building.

Permitted exceptions: structural appurtenances:

Permitted exceptions: residential district. There shall be no exceptions permitted for residential structures; certain nonresidential structures in residential districts may be permitted to exceed height limitations, provided there is compliance with the provisions of Schedule A, Article VI.[1] Solar collectors attached to the roof of a structure shall not be included in the height measurement for the purpose of this section.

Permitted exceptions, commercial, office and industrial districts. In any commercial, office or industrial district, any principal building may be erected to height in excess of that specified for the district, provided each front, side and rear yard is increased one foot for each one foot of such additional height. In those districts not requiring one or more yard setbacks, any portion of a principal building may be erected to a height in excess of that specified for that particular district, provided that such portion is set back from all street, lot and required yard lines one foot for each foot of additional height.

Intent. It is the intent of this section to set forth the requirements for establishing a home occupation as an accessory use of a single-family detached dwelling unit, such as involving the crafting, electronic/mail order sale or marketing of goods, the provision of services, or the instruction in a craft or fine arts, which is conducted within the dwelling unit or within accessory structures located on the same parcel by one or more persons, all of whom reside within the dwelling, and which is clearly incidental and secondary to the use of the dwelling as a residence.

Regulations and standards.

Standards for farms and farm operations.

Intent. The intent of this section is to ensure that plans for site condominium developments within Lawrence Township proposed under the provisions of the Condominium Act, Act 59 of Michigan Public Acts of 1978,[1] as amended, shall be reviewed with the objective and intent of achieving the same characteristics as if the development and improvements therein were being proposed pursuant to the Michigan Subdivision Control Act, Act 288 of the Public Acts of 1967,[2] as amended. It is also the intent of this section to ensure that such development is in conformance with the requirements of this chapter, as amended; and other applicable Township ordinances and county, state and federal regulations.

Operating definitions and development terms. As used in this section, the following terms shall have the meanings indicated:

Approval required. All proposals to divide property other than according to the Subdivision Control Act must go through this chapter's site plan review process. In determining whether to approve a site plan for a site condominium, the Planning Commission shall consult with the development official, Township Attorney, County Drain Commission and County Road Commission regarding the adequacy of the master deed, deed restrictions, utility systems and streets, site layout and design, and compliance with all requirements of the Condominium Act and this chapter. A special use permit may be required for a site condominium project where the provisions of particular sections of this chapter identify the need for such a permit.

General requirements and standards.

Preliminary site plan requirements.

Final site plan requirements.

Revision of site condominium subdivision plan. If the site condominium subdivision plan is revised, the final site plans shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

Streets and roads. All streets and roads, whether public or private, proposed for any site condominium shall be developed with the minimum design, construction, inspection, approval, and maintenance requirements of the Van Buren County Road Commission. In a case where private streets are proposed, the Planning Commission may approve a different set of design and construction standards upon submission of documentation by a professional engineer. The Site Condominium Association shall be responsible for maintenance, signage, and snow removal on all private roads and for the ingress and egress of all emergency and public service vehicles.

Dedication of private streets. Whenever a private street, as recorded in the master deed, is to be dedicated for public use, it is necessary to obtain the consent of all co-owners, mortgagees, and other persons interested in the condominium.

Amendments to master deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan shall be reviewed and approved by the Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of any amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.

Development agreement. The Planning Commission may require, as a condition of approval, that the applicant enter into a development agreement with Lawrence Township, incorporating the terms and conditions of final site plan approval and record the same in the office of the Register of Deeds for the county.

Construction located in general common element. Any application for a building permit for construction to be located in a general common element shall include written authorization by the condominium association for the application.

Monuments and lot irons.

Rights-of-way and utility easements. All rights-of-way and utility easements shall be described separately from individual condominium lots and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The rights-of-way and utility easements shall be separately designed for their individual purpose, such as access, roadway, location, installation, maintenance and replacing of public utilities. The developer shall dedicate to the appropriate agency all easements for utilities. All streets shall be dedicated to the county and shall be constructed in accordance with the standards of the County Road Commission. Water, sewer and electrical easements may be placed within streets, subject to the submission of the appropriate documentation by a professional engineer.

Improvements. All improvements in a site condominium shall comply with the design specifications as adopted by Lawrence Township and/or the appropriate county agency and any amendments thereto from time to time.

Purpose. The purpose and intent of this section is to regulate the location of adult businesses in the Township by preventing the concentration of such uses in close proximity to each other and to minimize the negative impacts of their operation by separating such uses from residential, office/commercial and other areas of public congregation. This regulation is done with the understanding that the Township recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a deleterious effect upon adjacent residential, office and commercial areas. The Township recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of surrounding residential neighborhoods, nonresidential areas or other places of public congregation.

Definitions. Adult businesses shall include the following definitions.

Location and uses. Any existing building or land, or new building hereinafter erected, converted or structurally altered, used for an adult business shall meet all of the following conditions:

Miscellaneous requirements.

Site development standards. Drive-in restaurants and fast-food establishments shall be subject to the following restrictions:

Intent. This section provides standards for automobile service stations and commercial garages.

Permitted uses. The following uses may be permitted by issuance of a special use permit in conjunction with automobile service stations.

The following uses may be permitted in conjunction with commercial garages by issuance of a special use permit.

Site development standards. Automobile service stations and commercial garages shall comply with the following site development standards:

Minimum floor area of each lodging unit shall contain not less than 250 square feet.

The minimum lot area shall be one acre with a minimum width of 150 feet, provided that there shall be at least 800 square feet of lot area for each lodging unit.

The maximum lot coverage of all buildings, including accessory buildings, shall not exceed more than 25% of the area within the boundary lines of land developed at any one time.

Minimum yard dimensions. All buildings shall observe a setback of not less than 75 feet from any road right-of-way, and not less than 40 feet from any side or rear property line.

The maximum building height shall not exceed two stories or 50 feet.

Site screening. The site may be enclosed by open structure wood or wire fences, and/or shrubs which, along any yard line, shall not exceed six feet in height. No screening shall impair safe vertical or horizontal sight distance for any moving vehicles. Screening at least four feet high shall be erected to prevent headlight glare on adjacent residential or agricultural property. No screening shall be closer than 50 feet to any street line, except headlight screening shall not be closer than 30 feet.

Lighting. All outdoor lighting shall be arranged so that it is deflected from adjacent properties, streets and thoroughfares, and shall not impair the safe movement of traffic.

Swimming pools and other outdoor recreational uses which are accessory to the main use and provided swimming pools are securely enclosed by a fence at least six feet in height.

Accessory uses, such as meeting rooms, taverns, bars, or similar uses, provided such shall be conducted within the same building as the principal use. A caretaker or proprietor's residence shall be permitted as an accessory use only when the principal use is a motel, motor hotel, hotel, or other transient tourist facility.

Motor vehicle access.

Signs shall be those identifying any of the permitted uses within this district and shall be in accordance with the provisions of this chapter.

Off-street parking and loading requirements shall be in accordance with the provisions of Article X.

The storage of refuse and space required for the accumulation and out loading of garbage, trash, scrap, waste, and containers therefore shall be screened on at least three sides by an opaque wall at least six feet high.

The short-term rental of a dwelling unit is considered to be a commercial land use, is similar in nature to a motel, motor hotel, hotel or transient lodging facility and is not a permitted use or special use in the R-1, R-2, R-3, or R-4 Zoning Districts.

Intent and purpose. It is the intent and purpose of this section to provide development regulations for mini warehouses. The following procedures and requirements have been established to ensure that adequate provisions are made for, but not limited to, exterior appearance, safety, landscaping, screening, on-site parking and circulation, type of items that can be stored and use limitations of the storage areas.

Authorization. Mini-warehousing shall be permitted in conjunction with a multiple-family dwelling, mobile home park and as cited elsewhere in this chapter.

Site development standards. Mini warehouses shall be subject to the following standards:

The permit shall be conditioned upon compliance with the following standards:

Siting and screening of refuse dumpsters and receptacles.

Recycling containers. Recycling containers may be provided out-of-doors with the following requirements:

Development standards.

Intent and purpose.

Nonconforming lots.

Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area lot coverage, height, yards or other characteristics of the structure or location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

Change in nonconforming uses in office, commercial and industrial districts. Irrespective of other requirements of this chapter, in any business/commercial or industrial district (O-1, C-1 and I-1 Districts), if no structural alterations are made, any nonconforming use of a structure and land may be changed to another nonconforming use of the same or a more restricted classification, provided that the Planning Commission approves a special use permit (Article VII) and approves the site plan (Article VIII) in all cases.

Change in tenancy or ownership. As long as there is no change in the characteristics or increase in the intensity of the nonconforming use, a change of tenancy or ownership is allowed.

District changes. Whenever the boundaries of a district shall be changed as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

Hardship cases. Nonconforming buildings or structures may be structurally changed, altered, or enlarged with the approval of the Zoning Board of Appeals when the Board finds that the request is a case of exceptional hardship in which failure to grant the relief requested would unreasonably restrict continued use of the property or would restrict valuable benefits that the public currently derives from the property as used in its nonconforming status, except that any approval for structural changes, alteration or enlargement may be granted only with a finding by the Zoning Board of Appeals that approval will not have an adverse affect on surrounding property and that it will be the minimum necessary to relieve the hardship.

Illegal uses. Uses of structures or land existing at the effective date of this chapter that were established without approval of zoning compliance or without a valid building permit or those uses which cannot be proved conclusively as existing prior to the effective date of this chapter shall be declared illegal uses and are not entitled to the status and rights accorded legally established uses.

Intent. An ordinance to provide regulations for the access and use of lakefront lots.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Access and use. Lake lots utilized as access lots in any zoning district shall comply with the following regulations:

Modification by the Zoning Board of Appeals. The Zoning Board of Appeals may, based on the requirements of Article V (Zoning Board of Appeals), vary or modify the strict application of this section if it shall determine that undue hardship will otherwise result and the spirit and intent of this chapter will be preserved by such variance or modification. The Board of Appeals may, as provided for in Article V, impose reasonable conditions upon the use of access lots as it shall deem necessary to preserve the spirit and intent of this chapter.

Public access site. Land abutting a lake, river, or stream which is under the possession and control of the federal, state, county, Township or other governmental agency, and which governmental agency allows public access to a lake, river or stream across the site, is hereby described as a "public access site." The restrictions of this section shall not apply to a public access site, providing that such sites are subject to governmental control enabling the governmental agency to limit boat docking, moorage, boat launching, camping, vehicle parking, and other controls upon use of the site.

Site plan review requirement. Waterfront access lots providing access to more than two access beneficiaries shall be required to obtain site plan approval from the Planning Commission under the provision of Article VIII.

Special use permit requirements. Special use permit approval under Article VII shall be required for the following uses on access lots:

In conjunction with the application for the building permit, the owner shall also make application for a certificate of approval from the Building Official.

An inspection of all units shall be performed by the Building Official prior to placement on the property to determine that no condition exists which poses a threat to life or property. Where such conditions are found to exist, they shall be corrected prior to the time of placement on the property, in the case of units already lawfully located within the Township, and before the unit is brought into the Township when located elsewhere.

Manufactured homes placed on private property are subject to all construction code requirements relevant to single-family structures elsewhere in the Township, including those of Appendix E (Manufactured Housing Used as Dwellings) of the Michigan Residential Code (MRC).

Pursuant to Section AE 201 of the MRC for all manufactured homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required. All units constructed subsequent to that date shall bear a label of approval from HUD or other approved inspecting entity.

A special event facility shall be allowed as a special land use within the Agricultural and Rural Residential Zoning Districts.

No special event facility shall be allowed on property that is not occupied as a residential dwelling.

A special event facility shall be located on a minimum of 10 acres of contiguous land.

No special event facility shall be approved for an attendance level in excess of 500 people, nor host a special event that lasts longer than two days, not including setup and takedown. Attendance is limited to available parking. There shall be no event parking on or along roadways, easements, or avenues of ingress and egress.

Drives and parking areas shall be subject to compliance with Article X of this chapter. Additionally, parking shall be provided at one space for every four persons of the maximum attendance level approved for the facility and shall be subject to compliance with applicable barrier-free requirements.

A parking attendant(s) shall direct traffic into the facility and towards available parking during the arrival of guests.

All temporary structures shall be subject to compliance with applicable building setback requirements.

A special event facility is limited to the following operational period, unless otherwise modified by the Planning Commission:

Adequate lighting shall be provided on the premises to illuminate outdoor activities and parking areas. All lighting shall be subject to lighting restricts set forth in the Code of the Township of Lawrence, including high-intensity lighting, nuisance, etc. Lighting associated with the special event shall be turned off when the event is not in operation.

A special event facility shall provide a water supply and sewage disposal system necessary to accommodate all special events to the satisfaction of the Van Buren County Health Department.

Noise levels generated at a special event facility shall not constitute a nuisance to adjoining properties. The following noises and disturbances are declared a nuisance: the sounding of any horn, whistle or signal device by any person or on any automobile, motorcycle, bus, or other vehicle for any purpose, except as a danger warning; the playing of any radio, phonograph, musical instrument or other machine or device for producing or reproducing sound in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of other persons; yelling, shouting, hooting, whistling or singing so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity; and any other noise that annoys or disturbs the quiet, comfort or repose of other property owners audible from their property. It shall be prima facie evidence of a violation of this section if the noise or disturbance exceeds 70 decibels at the property line.

Structures and features related to the special event facility shall be kept within an aesthetic that is appropriate within an agricultural environment.

The operation of the facility shall otherwise be consistent with Township ordinances, state and federal law and regulations.

The special use permit shall have a one-year duration, unless the Township allows for a longer duration explicitly. However, the duration shall not exceed three years. The Township may pass a resolution permitting a decreased special use permit fee for renewals, and the applications may be submitted based on the previous applications in the Zoning Administrator's discretion.

In determining whether to grant the special use permit, the Township shall consider the following factors:

Intent, application for and processing of conditional rezoning.

Standards for approval. The following standards, among other factors deemed relevant by the Planning Commission and Township Board, shall be considered in determining whether to approve a rezoning with conditional rezoning agreement; provided, the determination on whether the underlying rezoning itself should be granted will be deemed to be a legislative decision of the Township Board equivalent to a Township Board action on other amendments to this chapter.

Approval and effect.

Compliance with agreement. Any failure to comply with a condition within the conditional zoning agreement will constitute a violation of this chapter and be punishable accordingly. In addition, any such violation will be deemed a nuisance per se and subject to judicial abatement as provided by law.

Time period for establishing development or use. Unless a longer or shorter time period is specified in this chapter rezoning the subject land, the approved development or use of the land authorized in the conditional rezoning agreement must be commenced within 12 months from the effective date of the rezoning and afterwards proceed diligently to completion. This time limitation may on written request of the landowner be extended by the Township Board if it is demonstrated by the landowner and determined by the Township Board, in its discretion, that there is a strong likelihood that the development or use will commence within the period of extension and proceed diligently afterwards to completion and the Township Board determines, in its discretion, that there has not been a change in circumstances that would render the current zoning with conditional rezoning agreement incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

Termination of conditional rezoning agreement. If the approved development or use of the rezoned land does not occur within the time frame specified under Subsection E above, or if the property owner makes a request, in writing, for termination of the conditional rezoning agreement before making any improvements under the conditional rezoning agreement, the rezoning and conditional zoning agreement will be deemed to be immediately terminated except in the Township's discretion as to that part of the land, if any, that has been developed. In the event of such termination, no new development or use of the land will be permitted until a new zoning classification is approved by a rezoning of the land. On such termination, the Planning Commission must immediately initiate the process to rezone the land in whole or in part to its prior or other appropriate zoning classification. The procedure for considering and adopting this rezoning will be the same as applied to all other zoning requests. Once the rezoning has occurred, the Township will, on request of the landowner, record with the Register of Deeds for Van Buren County a notice that the conditional rezoning agreement, except in the Township's discretion as to that part of the land, if any, that has been developed, is no longer in effect.