The purpose and intent of Chapter is to provide regulations and requirements for general provisions.

For the purpose of this Ordinance, except as hereinafter specifically provided otherwise, no lot or land or premises shall hereafter be used, maintained, or occupied, and no building or structure or part thereof shall be constructed, erected, moved, placed, maintained, reconstructed, used, extended, enlarged, or altered, except in conformity with the regulations herein specified for the Zoning District in which it is located; these limitations being construed as the minimum legislation necessary to promote and protect the general safety and welfare of the community. In case any building or part thereof is used, erected, altered, or occupied contrary to Law or to the provisions of this Ordinance, such building shall be declared a nuisance and may be required to be vacated, torn down, or abated by any legal means and shall not be used or occupied until it has been brought into conformance. If construction on a building is lawfully begun prior to adoption of this Ordinance, nothing in this Ordinance shall be deemed to require any change in the planned or designed use of any such building, provided that actual construction is being diligently carried on, and further provided that such building shall be entirely completed for its planned or designed use within one (1) year from the effective date of this Ordinance.

Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any building or structure, or part thereof, declared unsafe by the Zoning Administrator, or required to comply with his/her lawful order.

No lot or lots in single ownership, and no yard, court, parking area, or other space shall be so divided, altered, or reduced to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further divided or reduced.

The Zoning Administrator shall approve or disapprove any and all lot or lots being divided, altered, reduced, or increased in accordance with the City's zoning requirements. Any action taken without prior approval shall make any split or enlargement void. Pursuant to the "Land Division Act" as amended by P.A. 1996, No. 591 Section 1, effective March 31, 1997.

Where an existing platted lot has an area of not less than ninety percent (90%) of its Zoning District requirements and where such lot can provide the side and front yard requirements of its zone, the permitted uses of the District shall be allowed. An existing platted lot, in single ownership, of less than ninety percent (90%) of its Zoning District requirements may be utilized for such permitted uses, and for such purposes the required side yards may be reduced by the same percentage the area of such lot bears to its Zone District requirements, provided that no side yard provision may be reduced to less than five (5) feet and that off-street parking requirements are also met. Where four (4) or more adjacent lots are in single ownership and where such lots individually contain less than ninety percent (90%) of their Zoning District requirements, such lots shall be utilized only in complete conformance with the Zoning District's unreduced minimum requirements. In the event of two (2) or three (3) adjacent lots are in a single ownership and the Zoning Board of Appeals shall find that there is no practical possibility of obtaining additional land, the ZBA may permit their use as separate lots having less than the required lot area if the lots can be so used without adversely affecting the character of the neighborhood; provided, however, that no side yard provision may be reduced to less than five (5) feet and that off-street parking requirements are also met.

Every lot must provide front, rear, and side yards as required by its Zoning District. All front yards must face upon a dedicated public street or private street approved by the City, except that the front yard for waterfront property shall be the yard that fronts on the water. No lot may contain more than one (1) principal building unless specified by its Zoning District. On streets with right-of-way or easements less than sixty-six (66) feet in width, the required front yard shall increase by one-half (1/2) the difference between the width of the right-of-way or easement and sixty-six (66) feet.

Except as otherwise permitted in this Ordinance, accessory buildings shall be subject to the following regulations (see specific regulations below regarding cargo/shipping containers):

A.

Where the accessory building is attached to or within ten (10) feet of a principle building, it shall be subject to and must conform with, all regulations of this Ordinance applicable to such principle buildings. (i.e. height, setback, etc…)

B.

Accessory buildings shall not be erected in any required front yard. In the case of waterfront property, a small accessory building (10' x 10') may be exempt from this requirement subject to approval of the Zoning Administrator. In the case of row housing or apartment developments, parking garages, covered bays, or other accessory structures may be exempt from this requirement subject to approval of the Zoning Administrator.

C.

For detached accessory buildings located greater than ten (10) feet from a principle building, the following heights and setbacks shall apply. The regulations of this Section "C" supersede those found in the Schedule of Regulations (Chapter 25) of the City of Newaygo Zoning Ordinance.

1)

An accessory building less than fifteen (15) feet in height shall not be located closer than ten (10) feet to any street right-of-way line, nor shall it be located closer than five (5) feet to any side or rear lot line, except where the rear lot line is contiguous with any alley line this may be reduced to one (1) foot.

2)

An accessory building greater than fifteen (15) feet in height but less than the height of the principal building shall have a minimum side and rear yard setback of ten (10) feet and a minimum setback of thirty (30) feet from the principle building on any neighboring lots.

3)

For the RR, B2, I1, and PUD zoning districts, the height of the accessory building may exceed the height of the principal building if the setbacks for the underlying zoning district are met as defined in the Schedule of Regulations (Chapter 25) for the City of Newaygo Zoning Ordinance. The maximum height of the accessory building shall not exceed the maximum height specified for the underlying zoning district as defined in the Schedule of Regulations (Chapter 25) for the City of Newaygo Zoning Ordinance.

4)

The Zoning Administrator may require a larger setback for an accessory building if it is determined that there is a visual obstruction to vehicles or pedestrians that would cause safety problems.

D.

When an accessory building or accessory structure is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, the accessory building or accessory structure shall not project beyond the front line of the existing principal building or the required front yard setback, whichever is less, on the lot in rear of such corner lot.

E.

Maximum lot coverage by all buildings and structures shall be as specified for the underlying zoning district in the Schedule of Regulations (Chapter 25) for the City of Newaygo Zoning Ordinance.

F.

All accessory buildings will be completed with a finished exterior, subject to approval of the Zoning Administrator. Zoning Administrator may establish reasonable time tables for completion of accessory buildings.

G.

All accessory buildings are prohibited within a dedicated City easement.

H.

All construction of accessory buildings must meet or exceed all building standards for accessory buildings. If a building is located within ten (10) feet of the principal building, then it shall be considered an extension of that principle building and must conform to all building standards for that principal building.

I.

Portable moving containers, also known as PODS (Placed on Demand Storage) units, may be used in all zoning districts with the following restrictions:

1)

Owned and licensed by a moving container company.

2)

On the property for a maximum of thirty (30) days.

3)

Must be setback ten (10) feet from property lines, or further if determined by Zoning Administrator to be a safety hazard for pedestrian or vehicle traffic.

4)

Are not allowed on the street right-of-way.

J.

Office and storage trailers of building contractors used in association with the construction of a legally permitted use may be used in all zoning districts with the following restrictions:

1)

Said office or storage trailer shall be removed within fifteen (15) days after the certificate of occupancy has been granted to the property or final inspection approved where certificate of occupancy is not required.

2)

The trailers shall not be placed so as to create a hazard or nuisance to pedestrians, vehicle traffic, or neighboring properties. Trailers must be moved upon request of the Zoning Administrator.

K.

The following regulations apply to Cargo/Shipping Containers. Where these regulations conflict with the regulations above, the regulations of this subsection shall apply. Cargo containers shall only be allowed in the RR, R-1, B-2, and I-1 zoning districts.

For RR and R-1 zoning districts, the following regulations apply:

1)

Cargo containers are only allowed on parcels greater than one (1) acre.

2)

One (1) cargo container is allowed per parcel.

3)

No cargo containers shall be placed on a parcel without a lawfully established principal building.

4)

Containers shall not exceed the height of the principal building.

5)

The container shall be placed in the side or rear yard and not be any closer to a road right-of-way than the principal structure.

6)

The container shall be at least ten (10) feet from side or rear property lines, no closer than thirty (30) feet to principal building on neighboring lots.

7)

Maximum length of forty (40) feet.

8)

Container must be placed on a properly supportive base of concrete, asphalt, or crushed concrete.

9)

All cargo containers shall be maintained in good repair and be free from damage, severe rust, and shall not have exposed bare metal. The exterior of the container must be of a uniform color and finished (i.e. painted, sided) to appear similar in nature to the principal structure on the property. Containers shall not display advertising, company logos, names or other markings painted on or otherwise attached to the exterior of the cargo container.

10)

No hazardous materials may be stored in any cargo container.

11)

Cargo containers are not to be used for human habitation.

12)

There must be the ability to exit the container at all times (i.e. if someone is in the container when it is locked, there must be the ability for the person to unlock it from the inside).

13)

A zoning permit and building permit are required. Must supply written documentation of building permit and final inspection approval.

For B-2 and I-1 zoning districts, the following regulations apply:

1)

Cargo containers are only allowed on parcels greater than one (1) acre.

2)

The quantity of allowed containers per parcel is determined by the maximum parcel coverage provisions in Chapter 25 of the City of Newaygo zoning ordinance.

3)

No cargo containers shall be placed on a parcel without a lawfully established principal building.

4)

Containers shall meet accessory building height requirements of zoning district. Containers may be stacked if height restrictions are not exceeded.

5)

The container shall be placed in the side or rear yard and not be any closer to a road right-of-way than the principal structure, except for corner lots or other irregular lots, the yard not being used as a front yard shall have a setback equal to the front yard setback or the front yard setback of the adjacent parcel, whichever is greater.

6)

The container shall be at least ten (10) feet from side or rear property lines, no closer than thirty (30) feet to principal building on neighboring lots. Setback requirements may be greater if called for in buffering regulations of the zoning ordinance.

7)

Container must be placed on a properly supportive base of concrete, asphalt, or crushed concrete.

8)

All cargo containers shall be maintained in good repair and be free from damage, severe rust, and shall not have exposed bare metal.

9)

No hazardous materials may be stored in any cargo container.

10)

Cargo containers are not to be used for human habitation.

11)

A zoning permit and building permit are required. Must supply written documentation of building permit and final inspection approval.

(Ord. No. 2024-04, § 2, 11-11-2024)

The required front yard shall be measured from the right-of-way line to the nearest foundation or building wall of the designated principal building or structure; provided that where an existing setback line had been established by existing buildings occupying fifty percent (50%) or more of the frontage within the same block or where unplatted, within two hundred (200) feet of the proposed building, such established setback shall apply. Unenclosed porches, steps, or similar facilities may project into a required front or rear yard for a distance not to exceed ten (10) feet.

The use of a basement or the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones. A basement apartment is permitted if a separate ingress and egress exists and it meets all building and health code requirements for an apartment use and is located in a district where it is a permitted use.

Home Occupation: An occupation conducted in a residential district within a dwelling unit. The following requirements apply to all home occupations:

(1)

No person other than immediate members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or the premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding two (2) square feet in area, non-illuminating, and mounted flat against the wall of the main building.

(4)

No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(5)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises, if the occupation is conducted in a single family dwelling, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises; and

(6)

Permitted activities include, but are not limited to; dressmaker, drafting or architecture services, music instruction, financial planning, private tutoring, consulting services, and computer related activities excluding retail,

(7)

Activities not permitted include, but are not limited to; clinics, hospitals, nurseries, day care centers, boarding houses, pet grooming services, veterinarian's offices, animal hospitals, kennels, millinery shops, among other related uses,

(8)

No home occupation shall be conducted within an accessory building.

A.

Unless specifically provided for elsewhere in this Ordinance, no fence or wall may exceed a height of four (4) feet within the front yard. No solid, opaque, or privacy fences are allowed in a required front yard. See-through fences (i.e. chain-link, wrought iron, picket, split rail, etc.) are allowed in front yards that do not exceed 50 percent opacity, as measured as the distance between slats, boards, pickets, split rails, iron posts or similar structural materials. Fences or walls located more than one hundred (100) feet from a road right-of-way line may follow the provisions for fences and walls in a side or rear yard. For a corner lot with more than one front yard, a wall or a fence that is opaque and up to six (6) feet may be erected within the secondary street front yard provided that such fence or wall is set back the minimum distance required for corner lots for the zoning district. The Zoning Administrator shall determine which is the secondary street. No fence or wall may exceed a height of six (6) feet in any other yard. It shall be unlawful to construct any fence or wall in a public right-of-way, private easement, or across a utility easement. No fence or wall shall be erected or maintained on any corner lot or parcel which will, in the opinion of the Zoning Administrator, obstruct the view of a vehicle driver approaching the intersection. A fence or wall shall be placed at least 36 inches from the edge of a sidewalk or path unless otherwise approved by the Planning Commission.

B.

If it is outside the front yard setback, a security fence in a non-residential zone, or a security fence for protection of essential services, or public utility buildings or improvements may be eight (8) feet tall or may be extended by a barbed arm or wire at least six (6) feet from the ground which increases the height of a fence to a maximum of eight (8) feet.

C.

Height, location, and opacity of fences or walls other than as permitted by the zoning district or use may be allowed by the Planning Commission if it is demonstrated that such fences or walls are necessary for public safety, or proper screening, or is necessary for the proper operation of the principal use.

D.

Fences may be constructed of wood, metal or artificial material of a suitable type for fences -. Walls may be constructed of either brick or blocks with some adhesive material, boulders, or, a specialized interlocking block. Fences or walls shall not be constructed of wire/chain-link with slat inserts, cloth/tarps, sheeting, junk materials, roofing panels, or similar materials. Fences used for nonagricultural purposes shall also not be constructed of a woven wire, chain link or similar material which has spaces larger than two and a half inches between the wires or chain link (this requirement does not apply to wrought iron, picket, split rail or similar fences). Fences shall be installed so as to have the finished side facing adjacent properties.

E.

All plans and construction materials for all proposed fences or walls must be submitted to the Zoning Administrator for approval or disapproval. All fences and walls shall be constructed and maintained at all times in a well-kept and reasonable manner so as not to become a visual nuisance or pose a safety hazard.

F.

No fence located on a residential property shall contain any barbed wire or electrification, except as provided in Section 3.11.B. Permitted agricultural uses may install an electrified fence in compliance with the other conditions of this section 3.11.

A.

No planting shall be established or maintained on any corner lot, which will obstruct the view of a vehicle driver approaching the intersection. Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines or in case of a rounded property corner from the intersection of the street property lines extended. This shall not prohibit the establishment of shrubbery less than thirty (30) inches in height.

B.

In order to provide protective screening for residential areas adjacent to or near non-residential areas, a 6 foot privacy fence or wall, or a landscaped greenbelt must be provided by the non-residential property owners. Such greenbelt may be a strip of land up to twenty (20) feet in width but not less than ten (10) feet which is planted and maintained with one of the following:

1)

Evergreens such as spruce, pines, or firs at least five (5) feet in height and planted in either at least two (2) staggered rows in order to provide an instant and immediate visual and audio barrier,

2)

A hedge of evergreens at least four (4) feet in height,

3)

A berm, at least four (4) feet in height measured from the top point of the berm to the existing ground around it with trees or shrubs planted on top and landscaping on the berm (grass, rocks, bark, etc.)

C.

All greenbelts and screening shall be situated so as to provide an effective sound and visual permanent buffer. The portion of the landscaped area not covered by plantings shall be a well-kept lawn. All fencing, walls, or landscaping required shall be kept in a healthy growing condition, neat and orderly in appearance at all times.

D.

The fence, wall, or planting plans for required protective screening/greenbelts shall first be submitted to the Zoning Administrator for approval; as to suitability of planting or fence/wall materials and arrangement thereof. The following species of trees may not be used for protective screening/greenbelts: Ailanthus, Chinese Elm, Soft Maple, Willows, Poplars, Horse Chestnut, Box Elders, and Catalpa.

E.

Any trees, shrubs, bushes, or other growing plants which project into or across adjacent land may be trimmed back to the property line by adjacent property owners.

Subject to any other applicable provisions of this Ordinance, the height limits and requirements for structures and buildings shall be subject to the following exceptions: parapet walls not exceeding four (4) feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, radio and television towers and antennas (not including satellite dish antennas), silos, stacks, stage towers and scenery lots, water tanks, monuments, cupolas, domes, spires, steeples, penthouses, housing necessary mechanical appurtenances, and similar structures, provided that the structure shall be set back and located away from all property lines for a distance equal to or greater than the total height of the structure involved. However, such required setback may be reduced if approved as a special land use.

The erection, construction, alteration, or maintenance of essential services, shall be permitted as authorized or regulated by law and other such ordinances in any use District, it being the intention hereof to exempt such erection, construction, alteration, and maintenance from the application of this Ordinance, except those which may be considered a danger to the community health, safety, and welfare.

No building or Zoning Compliance permit shall be issued for a building to be occupied by human beings unless a provision has been made to provide public sewer and water to such building. In the absence of public sewer and/or water, plans, soil test data, health and any other required permits shall be presented to the Zoning Administrator who shall ensure that the proposed plans for water and sewage disposal meet state and municipal standards before issuing a permit. It shall be unlawful to operate a business or occupy any building without adequate water and sewer services.

It shall be unlawful for any person to dump rubbish or waste materials or store junk on any land in the City of Newaygo except in private or public dumping grounds approved for this purpose. Junkyards shall only be permitted in Industrial Zoning Districts, pursuant to Michigan State Law.

A.

In the event that previously used underground and above ground storage tanks used for gasoline or other hazardous liquids have been abandoned or not used for a period of more than one (1) year, all storage tanks shall be removed from the premises in accordance with applicable county, state and federal regulations.

B.

A Demolition/Removal permit must be issued before any work shall be performed. All necessary information and required permits/approvals must be submitted to the Zoning Administrator who shall review all information to ensure the safety and welfare of the Community before issuing a permit. It is the responsibility of the property owner to obtain any and all county, state or federal permits and/or approvals.

Before issuing a building permit for any construction on a premises intended for a combination of dwelling and non-residential occupancy, or which would result in an increased area devoted to business and industrial usage within a building partly occupied as a dwelling, the Zoning Administrator shall refer the plans to the fire chief and the health officer and request their reports as to any fire or health hazards that exist or may be expected to exist. Their recommendation as to additional provisions or changes in compliance with requirements of the Building Officials Code of America (BOCA) and State of Michigan Building Code in the interest of safety and health shall be complied with before issuance of a permit.

The collective number of unrelated individuals domiciled together in a single-family dwelling unit, whose relationship is of a continuing, non-transient domestic character and who are cooking and living as single non-profit housekeeping unit shall not exceed four (4) persons. This requirement is intended to avoid the occupation of single-family dwelling units in single-family districts by any society, coterie, club, fraternity, sorority, association, or other assembly of persons that may impact the low-density character of such zoning districts.

The outdoor storage or parking of recreational vehicles and equipment such as trailers, camping or travel trailers, motorized homes, detachable travel equipment of the type adaptable to light duty trucks, snowmobiles, watercraft, and other equipment or vehicles of a similar nature, and utility trailers, shall be prohibited in all residential districts, except where otherwise permitted by this Ordinance, unless the following minimum conditions are met (for regulations on parking of commercial vehicles, trailers, or heavy equipment, see Section 7.10.F):

A.

All such vehicles and equipment shall be placed within a completely enclosed building or located outdoors so as not to obstruct views of on-coming vehicles or pedestrians and not to create a visual nuisance within residential areas, provided that no such vehicle or equipment shall be located within ten (10) feet of any road right-of-way line and is parked in a side or rear yard. For corner lots, the parking of such vehicles and equipment must be behind the street-facing line of the house on the property or the front line of the house of the adjacent parcel, whichever is less.

B.

Storage or parking shall be limited to a lot or parcel of land upon which is located an inhabited dwelling unit and the vehicle or equipment so stored or parked is owned by the occupant.

C.

Travel trailers and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and shall not be connected to sanitary sewer facilities or have a fixed connection to electricity, water or gas.

D.

The quantity of such vehicles and equipment stored outdoors shall be limited to two (2).

Except for generally accepted agricultural practices in the RR district, all outdoor storage and waste disposal shall conform to the following requirements:

A.

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property.

B.

All materials or wastes which might cause fumes, odors or dust or constitute a fire hazard, or which may be edible by rodents or insects, shall be stored outdoors in closed containers and screened from the street or adjacent property.

C.

No materials or waste shall be deposited on the premises in such form or manner that they may be moved off the premises by natural causes or forces.

D.

Waste materials shall not be allowed to accumulate on the premises in such manner as to be unsightly, constitute a fire hazard or contribute to unsanitary conditions.

E.

All outdoor storage facilities for fuel, raw materials and products for every use, as enumerated and limited herein located less than one hundred (100) feet from any other district, shall be enclosed by a solid fence or wall not less than six (6) nor more than ten (10) feet in height.

No persons shall park, store or permit or suffer to be parked or stored any dismantled, partially dismantled or inoperable motor vehicle upon any private or public premises within the City for a period of time exceeding ten (10) days. For the purposes of this section, the following rules and procedures shall apply:

A.

This section shall apply to the registered owner of such vehicle and to the owner or lessee of the premises wherein such a vehicle is parked or stored.

B.

This section shall not apply to any vehicle parked or stored within a wholly enclosed garage or other wholly enclosed structure.

C.

This section shall not apply to any premises owner or lessee who is not the registered owner of such a vehicle, if they notify the enforcing officer in writing, that such a vehicle is on the premises, without the consent of the owner or lessee, and shall authorize the enforcing officer to remove said vehicle, pursuant to Act 99, Public Acts of 1963, being Section 9.1952 M.S.A.

D.

The zoning administrator shall notify in writing the vehicle owner, premises owner and premises lessee, the identity and location of a vehicle which he believes violates this Section. The notice shall contain a warning that failure to comply with this Section within ten (10) days of receipt of the notice constitutes a misdemeanor offense. The notice may be served by personal service or by certified mail. If served by mail the notice shall be sent to the following addresses:

1.

The last known address of the owner of the motor vehicle, as shown by the records of the Secretary of State from the registration of the vehicle.

2.

The last known address of the premises owner as shown by the tax records of the City.

3.

The mailing address of such premises.

E.

Mailing of notice shall be effective notice if delivered to the vehicle owner, property owner, or lessee, whether or not such notice is addressed as set forth above. Proof of mailing shall constitute prima facie proof of service of the notice, even if refused by the addressee. Notice by personal service shall be effective if delivered to the vehicle owner, premises owner, or premises lessee, or if left with a person of suitable age and discretion who resides with or works with the vehicle owner, premises owner, or premises lessee.

The purpose of this ordinance is to protect the health and safety of the residents of Newaygo, as well as provide an aesthetically pleasing environment free from unnecessary visual distractions. To this end the following regulations and requirements are deemed necessary and shall apply to all satellite dishes exceeding twenty-four (24) inches in diameter. All others shall be exempt from these regulations.

A.

In any Commercial or Industrial Districts the following restrictions shall apply:

(1)

The dish antenna shall be permitted in the side and rear yard only.

(2)

The side yard setback shall be at least one-half (1/2) the required side yard setback, and fifteen (15) feet from the rear lot line.

(3)

The height shall comply with height restrictions in the district in which the proposed device is to be located.

(4)

All plans shall be submitted to the Zoning Administrator for approval prior to issuance of a Zoning Compliance permit.

B.

In Residential Districts the following restrictions shall apply:

(1)

The dish antenna shall be permitted in the side and rear yard only. If adequate reception cannot be achieved through placement in the rear yard, evidence must be submitted to the Zoning Administrator supporting this. The Zoning Administrator may allow for placement in a location other than the side or rear yard if necessary.

(2)

The antenna shall be at least ten (10) feet from any property line and cannot be placed in the road right-of-way.

(3)

The receiving unit shall be permanently anchored to the foundation to protect the health, safety and welfare of residents and property.

(4)

The antenna shall be white or another unobtrusive color, as approved by the Zoning Administrator.

(5)

A plan shall be submitted to the Zoning Administrator for approval prior to the issuance of a Zoning Compliance permit.

As defined in Chapter 2 Definitions, the following land uses are allowed only provided for in the following Table of Facilities and Zoning Districts. Refer to Chapter 20 Special Land Use Approval for applicable conditions.

P: Land and/or buildings may be used for the purposes listed by right.

SLU: Land and/or buildings may be permitted by obtaining Special Land Use approval when all applicable standards as cited in Chapter 20 and elsewhere are met:

SLU Land and/or buildings may only be allowed as an accessory to an approved use, such as a church, school, recreation facility, office or other similar use upon review and approval of a Special Land Use approval, in accordance with general and specific standards.

A.

No building shall be either demolished or removed/placed within the City limits without a permit from the Zoning Administrator.

B.

Removal/Placement is to mean removing a building from a parcel of land. Information needed for this permit includes time, place, route or path removal/placement will take, company responsible for removal/placement and submission of other approvals needed (i.e., electric company for power lines, etc.).

C.

A Zoning Compliance Permit shall be required if any building is to be relocated upon any parcel or lot in the City.

D.

The City may require a bond, financial guarantee satisfactory to the City to ensure against damage to City roads or other public property and also to provide for proper relocation of any building. The permittee shall be responsible to pay all costs incurred by the City, which are attributable to the building relocation.

E.

The permit shall at least include the following: the route taken, time, location and all other approvals needed, all information must be approved by the City.

All outdoor commercial, industrial, institutional and multi-family waste receptacles shall comply with the following regulations:

1)

All receptacles shall be placed on an asphalt or concrete pad.

2)

All receptacles shall be surrounded by an approved masonry wall or wood fence, not to exceed six (6) feet in height and to provide total visual screening, including a gate.

3)

In a multi-family development, receptacles shall be located no closer than seventy-five feet (75') from any residential building and not exceeding five hundred feet (500') from the dwellings they are intended to serve.

4)

In all districts, receptacles shall be emptied on a regular basis and shall be kept in a reasonable sanitary condition.

All lots or parcels containing an accessory building or structure must have a principal building or structure located on that same lot or parcel. No accessory buildings or structures will be permitted to be built and no permits will be issued prior to having a principal building for it.

A swimming pool or spa having a depth of two feet (2') or greater shall require both a zoning and building permit. All of the following requirements must be met:

A.

All necessary plans and details, including fencing, decks and location shall be submitted to the Zoning Administrator.

B.

The swimming pool must meet all City and County building Codes.

C.

Swimming pools and spas shall not be located closer than ten feet (10') to any property line.

A manufactured home may be used outside a manufactured home park as a single family dwelling subject within an RR, R-1, and R-3 District provided a building permit is obtained from the building Inspector and that the following conditions are met:

A.

The manufactured home shall meet the minimum floor area, lot size, yard requirements and other applicable regulations of the District in which it is located.

B.

The manufactured home shall contain a minimum of nine hundred sixty (960) square feet of living area.

C.

There shall be a minimum width throughout the entire length of the manufactured home of twenty-two (22) feet.

D.

The manufactured home shall be located and permanently attached to an approved wooden poured concrete or concrete block foundation.

E.

The manufactured home shall be firmly attached to the foundation so as to be reasonably watertight.

F.

All wheels, hitches, axles, and towing and lifting devices shall be removed.

G.

There shall be permanently attached to the foundation steps and/or porch areas where an elevation differential exists between any manufactured home door and the surrounding grade.

H.

Skirting shall extend to the foundation on all sides of the manufactured home so that none of the manufactured home's undercarriage shall be visible from outside the manufactured home.

I.

The manufactured home shall be connected to public water and sewer service, if available. If not available, to a private water well and/or sanitary sewer septic system approved by the Newaygo County Health Department.

J.

No storage of any personal property except legally operable vehicles shall occur outside the interior of the manufactured home or any accessory building as may be permitted.

K.

The arrangement of the manufactured home on the lot, exterior appearance, building materials, and landscaping shall be consistent with that established by fifty percent (50%) or more of the existing dwellings within three hundred (300) feet of the boundaries of the lot.

L.

Construction of the manufactured home and all plumbing, electrical, heating and air conditioning, and insulation within and connected to the mobile shall be of a type and quality conforming to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards.

M.

There shall be a minimum of a double pitched roof of not less than two and one-half (2-1/2) for each twelve (12) feet of run, and the roof shall be covered by either asphalt, fiberglass or shake shingles. If twenty percent (20%) or more of the residences, excluding manufactured homes, within one-half (1/2) mile of the manufactured home have a double pitched roof of less than two and one-half (2-1/2) feet of rise for twelve (12) feet of run, then a double pitched roof equal to the average pitch of area residences may be used.

N.

The manufactured home shall have exterior siding consisting of horizontal lap siding or other siding of the same materials and attached in the same manner as permitted under the Construction Code as adopted by the City or as required by the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards.

O.

There shall be no additions to the living space of the manufactured home, except as otherwise permitted by law.

P.

There shall be a minimum of two (2) doors to provide means of ingress and egress from the manufactured home.

Q.

Plans, floor plan layouts and certification of meeting the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards shall be presented, along with a site plan showing compliance herewith and with all other requirements of the Zoning Ordinance, including, but not limited to, the requirement of the District in which it is to be located, to the Building Inspector prior to the issuance of a building permit.

Every use shall be so maintained, conducted or operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond any boundary line of the lot or parcel of land on which the use is located.

A.

An owner of land may voluntarily offer in writing, and the City may approve at the City's discretion, use and development restrictions regarding the land as a condition of rezoning the land or an amendment to a zoning map (including a planned unit development involving a rezoning). Such stipulation or agreement shall be referred to in this ordinance as a "zoning agreement."

B.

A zoning agreement shall be reduced to writing and signed by both the owner of the land involved and the City. The zoning agreement shall contain the legal description for the land involved and shall be in a form which can be recorded with the county register of deeds records. Furthermore, the executed zoning agreement shall be recorded with the county register of deeds records if the rezoning occurs. A zoning agreement shall be executed on behalf of the City only if it is first approved by the City Council (or by any body or official which the City Council may designate by resolution from time to time). Prior to any approval of the zoning agreement, the City Attorney and City Planner shall review the proposed zoning agreement and make recommendations to the City Council. Unless modified as specified in Subsection E hereof, a zoning agreement shall be permanent and shall run with the land involved. A zoning agreement shall bind not only the landowner, but also the landowner's successors, signs, transferees, and creditors.

C.

Without limitation, a zoning agreement may establish a time period during which the conditions and restrictions within the zoning agreement shall apply to the land involved. Except for an extension approved by the City, if the conditions are not satisfied within the time period specified in the zoning agreement, the land shall automatically revert to its former zoning classification without the need for further action by the City unless the zoning agreement expressly specifies otherwise or the City elects to take other legal action as specified in Subsection J hereof. The time period imposed in the zoning agreement may be extended upon the application of the landowner and with the written approval of both the landowner and the City.

D.

The restrictions and conditions contained in a zoning agreement shall be in addition to any other conditions or requirements associated with a zoning approval granted by the City.

E.

The City shall not add to or alter the conditions contained in a fully-executed and valid zoning agreement during the time period covered by such zoning agreement, unless any such change is expressly agreed to in writing by the landowner. Such prohibition shall not apply to any restrictions or conditions contained in the zoning regulations which are otherwise applicable to the rezoning or proposed use or activity.

F.

The City shall not require a landowner to execute a zoning agreement as a requirement for rezoning. The lack of an offer by a landowner to enter into a zoning agreement shall not otherwise affect a landowner's rights under state law or any City ordinances.

G.

Nothing herein shall be interpreted to limit the ability of the City to enter into a planned unit development, development agreement, or other agreement with a property owner. Such agreements are different than a zoning agreement. The terms and provisions of a zoning agreement may be combined in the same document with a development agreement or similar agreement between the parties.

H.

All costs associated with the negotiation and drafting of a zoning agreement shall be reimbursed to the City by the landowner (including, but not limited to, the reasonable attorney fees of the City, City Planner fees, and similar fees and costs).

I.

Whenever this Section refers to the owner of land or a landowner, it shall mean all of the owners of the land involved.

J.

If a condition is not satisfied within the time period specified in the zoning agreement, rather than have the land automatically revert to its former zoning classification, the City, at its sole option and discretion, can take appropriate legal action to enforce the condition (whether by a lawsuit or other enforcement action) in lieu of a zoning revision. With regards to a restriction (rather than a condition), there shall be no reverting to the former zoning classification if such restriction is breached or violated, and the City may pursue appropriate legal action for violation of the restriction (including a civil lawsuit or other enforcement). A violation of a zoning agreement (whether by the landowner or successors) shall also be deemed a violation of the zoning ordinance. Finally, all the above-mentioned remedies and enforcement mechanisms available to the City (including any additional ones authorized by law) shall be deemed cumulative and, by pursuing one remedy for a breach or violation of a zoning agreement, the City shall not be deemed to have waived the other remedies or enforcement mechanisms.

K.

The City's zoning board of appeals shall be without authority to grant variances or otherwise change or vary any aspect of a zoning agreement. A zoning agreement can only be changed by the written consent of the landowner and the City as specified in Subsection E hereof.

L.

After a zoning agreement has been approved, notice of any violation of the zoning agreement will be deemed received by the landowner (or the landowner's successors) upon the City sending a notice by regular mail to the name and address shown on the City's most current property tax record.

M.

Normally, a draft zoning agreement as proposed by the landowner shall be submitted to the City together with the initial application for rezoning. If a zoning agreement is to be approved by the parties, it shall be approved and executed prior to final action by the City Council on the rezoning request. If a draft zoning agreement is not submitted by the landowner to the City before the date of the first City hearing regarding the rezoning request, then the City shall have the option of beginning the rezoning process over again and the landowner shall repay any attendant fees.

N.

Should any disagreement arise between the landowner and the City regarding interpretation or implementation of any provision of an executed zoning agreement, the

City Zoning Administrator shall render an interpretation. If either the landowner or the City disagrees with the interpretation of the provision involved by the City Zoning Administrator, either party may appeal that determination in writing to the City's zoning board of appeals within (30) days of the date when the City Zoning Administrator renders his/her determination.

O.

The City Council may adopt a resolution with policies to implement the provisions of this Section, including developing a checklist for City officials to follow when drafting and executing a zoning agreement.

P.

A zoning agreement can impose restrictions and requirements which are more restrictive than the provisions of the zoning ordinance, but a zoning agreement cannot lessen or waive applicable restrictions or requirements contained in the zoning ordinance or other City ordinance. A zoning agreement shall not permit any use, activity, or other action to occur that would not otherwise be permissible under the new zoning district classification.

Q.

Provisions which may be contained in a zoning agreement include, but are not limited to, the following:

(1)

Language regarding whether or not all or part of the land involved reverts to the prior zoning classification should a condition of the zoning agreement be violated or not be satisfied within the time period specified in the zoning agreement.

(2)

Specify a process to be utilized should an apparent violation of a restriction occur or a condition is not satisfied within the time period specified.

(3)

Specify how and when an existing building or uses are deemed lawful nonconforming uses should a condition be violated or not be satisfied within the time period specified in the zoning agreement and the land involved reverts back to its former zoning classification.

(4)

Provisions for what occurs upon a breach or violation of a restriction.

(5)

Defining what shall be deemed a material nonsatisfaction of a condition.

(6)

The extent and nature of offsite improvements that may be included, required, or implemented pursuant to a zoning agreement.

(7)

An indemnification provision in favor of the City.

(8)

Provisions governing the dedication, granting or transfer of any property or easements to the City or other governmental units.

(9)

Provisions for having the landowner post adequate security pursuant to a bond, letter of credit or cash deposit.

(10)

Specifying what occurs if applicable provisions of the City's zoning ordinance change before a condition in a zoning agreement has been met or satisfied.

(11)

A provision that indicates which portions of the zoning agreement shall survive (including restrictions, security agreements, indemnification clauses, etc.) should a condition not be satisfied within the time period specified.

R.

If applicable, a zoning agreement shall have a site plan attached to it and incorporated as a part thereof regarding the proposed use of the land. A zoning agreement shall not abrogate or otherwise change any requirements for site plan reviews, special use procedures, or other zoning approvals which are not part of the agreement.

S.

If a zoning agreement has been executed by both the landowner and the City, the landowner shall be deemed to have waived all objections regarding compliance of the zoning agreement with Michigan law and enforceability of the agreement.

T.

A zoning agreement shall be null and void if the rezoning to which the zoning agreement applies is not approved by the City or does not become effective.

A.

Medical marihuana provisioning centers and medical marihuana secure transporters are prohibited within the City. All other medical marihuana facilities are only permitted as expressly authorized by and in accordance with this Ordinance.

B.

Recreational marihuana establishments are prohibited within the City.

C.

Medical marihuana caregiver operations are only permitted as a home occupation in single family dwellings.

(Ord. No. 2021-03, art. 2, 6-14-2021)

Any use, use of land, activity, structure, or development activity not expressly allowed by this Ordinance is prohibited, unless the Zoning Administrator finds that the use is substantially similar in character to a use or item listed in this Ordinance. Uses, activities, enterprises, or purposes that are contrary to, or violate federal, state, or county laws or regulations, this Ordinance, or any other City ordinances or Code are prohibited. An individual may apply to the Planning Commission for consideration of an amendment to the Zoning Ordinance to include a proposed use in one (1) or more of the zoning districts of this Ordinance, either as a Permitted Use or a Special Land Use. At their option and discretion, the Planning Commission and the City Council may consider an appropriate amendment to the Zoning Ordinance, but are not required to do so.