Park Township, MI Zoning Ordinance

Park Township City Zoning Code

ARTICLE III

District Regulations

[Added by Ord. No. 2021-1, eff. 4-24-2021]

Sec. 38-155 Zone districts.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2018-3, eff. 8-26-2018; Ord. No. 2020-2, eff. 9-17-2020; Ord. No. 2021-02, eff. 8-4-2021]

The Township is hereby divided into the following zoning districts:

(1)

AG Agricultural and Permanent Open Space District.

(2)

R-1 Rural Estate Residence District.

(3)

R-2 Lakeshore Residence District.

(4)

R-3 Low Density Single-Family Residence District.

(5)

R-4 Medium Density Single- and Two-Family Residence District.

(6)

R-5 Low Density Multifamily Residence District.

(7)

C-1 Neighborhood Business District.

(8)

C-2 Resort Service District.

(9)

MP Macatawa Park Overlay District.

(10)

OB Ottawa Beach Overlay District.

(11)

LC Lake Court Overlay District.

(12)

EB Edgewood Beach Overlay District.

Sec. 38-156 Zoning Map.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-15, eff. 1-18-1983]

The locations and boundaries of the zoning districts are hereby established as shown on a map, as the same may be amended from time to time, entitled "The Zoning Map of Park Township, Ottawa County, Michigan," which is on file in the office of the Township Clerk and is hereby made a part of this chapter. When uncertainty exists as to the boundaries of zoning districts as shown on the Zoning Map, the following rules of construction and interpretation shall apply.

(1)

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

(2)

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

(3)

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

(4)

Boundaries indicated as following shorelines of Lake Michigan shall be construed as following such shorelines and in event of change in the location of such shorelines, shall be construed as moving with the shoreline. The boundaries of all zoning districts having frontage on Lake Macatawa and rivers or streams shall be construed as extending to the center of the lake or the thread of the stream.

(5)

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

(6)

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

Sec. 38-157 Areas not included within a district.

[Ord. No. Z, eff. 2-7-1974]

In every case where land has not been included within a district on the Zoning Map, such land shall be in the AG Agricultural and Open Space District.

Sec. 38-183 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The AG Agricultural and Open Space District is intended for large tracts of land used for farming, animal husbandry, dairying, horticultural, or other agricultural activities.

Sec. 38-184 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-61, eff. 7-9-2009; Ord. No. 2020-001, eff. 1-27-2020; Ord. No. 2025-02, eff. 8-21-2025]

Land, buildings or structures in the AG Agricultural and Open Space District may be used for the following purposes only:

(1)

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

(2)

Greenhouses, nurseries, orchards, vineyards, apiaries, chicken hatcheries, blueberry and poultry farms.

(3)

Riding stables, where horses are boarded and/or rented, if there is a minimum lot area of 20 acres and a site plan that is in accordance with the requirements of Article II, Division 3, of this chapter is approved by the Planning Commission.

(4)

Single-family dwellings.

(5)

Publicly owned athletic grounds and parks.

(6)

Business signs.

(7)

Home occupations when authorized in accordance with Section 38-506.

(8)

Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section 38-505.

(9)

Kennels when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the kennel;

The proximity of the kennel to adjoining properties;

The possibility of noise or other disturbance for adjoining properties and the surrounding neighborhood on account of the operation of the kennel;

Potential traffic congestion on account of the kennel; and

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

(10)

Roadside stands when authorized by the Zoning Administrator. The Zoning Administrator may, in his discretion, decline to decide such matter and refer decision thereon to the Planning Commission. In considering such authorization, the following standards shall be considered:

The proposed location of the roadside stand;

The size, nature and character of the building and/or structure to be utilized for the roadside stand;

The type and kind of produce and goods to be sold at the roadside stand;

The proximity of the roadside stand to adjoining properties;

The time or season during which the roadside stand will operate;

The parking facilities provided for the roadside stand;

Any traffic congestion or hazards which would result from the roadside stand; and

The effect of the roadside stand on adjoining properties and the surrounding neighborhood.

(11)

Adult foster care facilities that are subject to Township zoning jurisdiction and nursing homes are permitted if authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(12)

Foster family homes, foster family group homes, family child care homes, and adult foster care family homes are permitted uses as required by the Zoning Act. Group child care homes are special uses to the extent required by the Zoning Act.

(13)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

Sec. 38-185 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

Sec. 38-186 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet; provided, however, that there shall be a front yard of not less than 150 feet for all farm buildings and structures.

(2)

Side yard. For residential buildings and structures, there shall be total side yards of not less than 50 feet; provided, however, that no side yard shall be less than 20 feet. For all other buildings, there shall be two side yards of not less than 60 feet each.

(3)

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

(4)

Lot area. The minimum lot area and width for residential uses shall be 10 acres and 330 feet respectively; provided, however, that any lot which is platted or otherwise of record as of February 7, 1974, may be used for one single-family dwelling provided that lots not served with a public sewer shall have a minimum lot area and width of 15,000 square feet and 100 feet respectively, and that one lot may be created by division or splitting of any lot platted or otherwise of record as of February 7, 1974, if a single-family dwelling was located on the lot to be created by the splitting as of February 7, 1974, and is such lot created by the splitting is used for one single-family dwelling, has a minimum lot area of no less than one acre and a maximum lot area of no greater than three acres, has a minimum width of 100 feet, and the lot or parcel remaining after the split has an area of no less than 10 acres. The minimum lot area and width for a nonresidential building or structure shall be 10 acres and 100 feet respectively.

Sec. 38-187 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-18, eff. 2-13-1986]

(a)

Each dwelling unit shall have a minimum of 1,000 square feet of usable floor area; provided, however, that all single-family dwellings with more than one floor level shall meet the following requirements: 1,100 square feet of usable floor area for a 1 1/2-story dwelling, 1,000 square feet of usable floor area in the main and upper level floors of a tri-level dwelling, and 1,400 square feet of usable floor area for a two-story dwelling.

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-213 Description and purposes.

[Ord. No. Z, eff. 2-7-1974]

The R-1 Rural Estate District is intended for large rural residential estates and farming.

Sec. 38-214 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-12, eff. 12-4-1980; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-61, eff. 7-9-2009; Ord. No. 2018-1, eff. 3-23-2018; Ord. No. 2020-001, eff. 1-27-2020; Ord. No. 2025-02, eff. 8-21-2025]

Land, buildings or structures in the R-1 Rural Estate District may be used for the following purposes only:

(1)

Farms for both general and specialized farming, except livestock, feed lots and poultry farms, together with farm dwellings and buildings and other installations necessary to such farms. Temporary housing for migratory workers is prohibited.

(2)

Greenhouses, nurseries, orchards, vineyards, or blueberry farms.

(3)

(4)

Single-family dwellings.

(5)

Home occupations when authorized in accordance with Section 38-506.

(6)

Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section 38-505.

(7)

Roadside stands when authorized as a special use. The same standards as are provided in Section 38-184(10) shall be considered.

(8)

Publicly owned athletic grounds and parks.

(9)

Business signs.

(10)

Private and public schools, libraries, museums, art galleries, and similar uses, when owned and operated by a governmental agency or nonprofit organization and when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(11)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(12)

Recreational or church camps with no travel trailers, when owned and operated by a governmental agency or by a nonprofit organization which has been determined by the United States Internal Revenue Service to an organization tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or similar successor statute. A site plan for the recreational or church camp or any expansion or extension thereof, which is in accordance with the requirements of Article II, Division 3, of this chapter, shall be approved by the Planning Commission before a building permit is issued.

(13)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(14)

(15)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-215 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

Sec. 38-216 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-23, eff. 7-17-1989]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet; provided, however, that there shall be a front yard of not less than 150 feet for all farm buildings and structures.

(2)

Side yard. For residential buildings and structures, there shall be a total side yard of not less than 50 feet; provided, however, that no side yard shall be less than 20 feet. For all other buildings, there shall be two side yards of not less than 60 feet each.

(3)

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

(4)

Lot area. The minimum lot area and width for all uses shall be two acres and 100 feet respectively; provided, however, that any lot which is platted or otherwise of record as of the effective date of the ordinance from which this chapter is derived may be used for one single-family dwelling if it complies with all the R-3 Low Density Single-Family Residence District requirements for side yards.

Sec. 38-217 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-243 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-2 Lakeshore Residence District is intended for low density single-family residential uses and other seasonal residential uses along the Lake Michigan shoreline area in the Township.

Sec. 38-244 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-12, eff. 12-4-1980; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-2 Lakeshore Residence District may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

Parks, playgrounds, community centers, governmental, administration, or service buildings which are owned and operated by a governmental agency or a noncommercial organization when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The necessity for such use for the surrounding neighborhood;

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

The size, nature and character of the proposed use;

Potential traffic congestion that might be occasioned by the intended use,

Parking facilities to be provided for the proposed use; and

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

(3)

Private and public schools, libraries, museums, art galleries and similar uses, when owned and operated by a governmental agency or nonprofit organization and when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(4)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(5)

Recreational or church camps with no travel trailers, when owned and operated by a governmental agency or by a nonprofit organization which has been determined by the United States Internal Revenue Service to be an organization tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or similar successor statute. A site plan for the recreational or church camp or any expansion or extension thereof, which is in accordance with the requirements of Article II, Division 3, of this chapter, shall be approved by the Planning Commission before a building permit is issued.

(6)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(7)

(8)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

Potential traffic that will be generated by the proposed bed-and-breakfast operations;

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended. All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(9)

Home occupations when authorized in accordance with Section 38-506.

Sec. 38-245 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-246 Area regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. ZO15, eff. 9-21-2015; Ord. No. 2026-03, eff. 5-1-2026]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. For residential buildings, no side yard shall be less than 10 feet. For all other buildings, no side yard shall be less than 10 feet.

(3)

Rear yard. There shall be a rear yard of not less than 50 feet; provided, however, that no buildings shall be located closer than 50 feet from base flood elevation as determined by the Flood Insurance Rate Map (FIRM) referenced in Sec. 10-52.

(4)

Lot area and width. The minimum lot area and width for residential uses shall be 43,560 square feet and 100 feet, respectively. The minimum lot area and width for all other uses shall be three acres and 200 feet, respectively.

Sec. 38-247 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

Each dwelling unit shall have a minimum of 1,000 square feet of usable floor area; provided, however, that all single-family dwellings with more than one floor level shall meet the following requirements; 1,100 square feet of usable floor area for a 1 1/2-story dwelling, 1,000 square feet of usable floor area in the main and upper level floors of a tri-level dwelling, and 1,400 square feet of usable floor area for a two-story dwelling.

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in Subsection (a) of this section, on lots of record as of February 13, 1986 of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-248 Description and purpose.

(a)

The LC Lake Court Overlay District is designed to promote the health, safety, and welfare of the Township through the following goals and objectives:

(1)

Limit site improvements to blend with the existing topographic character of the earth.

(2)

Allow for the modernization of existing single-family dwellings.

(3)

Maintain a stable single-family neighborhood on Lake Court.

Sec. 38-249 Use regulations.

(a)

The Lake Court Overlay District does not replace or restrict the range of land uses allowed in the underlying zoning district but provides additional development standards that must be met for any lot located partially or completely within the Lake Court Overlay District identified on the Zoning Map, which includes the lots listed within Section 38-252 of this chapter.

(b)

Where the standards of the Lake Court Overlay District are less restrictive or more restrictive than the underlying zoning district or any other provision of this chapter, as determined by the Zoning Administrator, the standards of the Lake Court Overlay District shall control. Where the standards of the Lake Court Overlay District are silent, the general regulations and restrictions of the Zoning Ordinance, including, but not limited to, the underlying zoning district, shall control.

Sec. 38-250 Height regulations.

In no instance shall the maximum building height of any wall of any residential principal building on a lot abutting Lake Court exceed 35 feet. The maximum building height shall be established by the vertical distance measured at the main entrance within the front yard wall, measured three feet out from the structure, to the highest point of the roof surface. The height shall be measured from the existing grade established using the Ottawa County Geospatial Insights and Solutions Department, or successor department, 2018 contours. In the instance no entrance is located within the front yard wall, the maximum building height shall be measured from the average existing grade of only the front yard wall, measured three feet out from the structure, to the highest point of the roof surface. In either event, no other wall shall exceed that of the front wall.

Sec. 38-251 Area regulations.

[Amended by Ord. No. 2026-03, eff. 5-1-2026]

(a)

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

(1)

Front yard. No front yard shall be less than 15 feet.

(2)

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

(3)

Rear yard. No rear yard shall be less than five feet; provided, however, that no buildings shall be located closer than 50 feet from the base flood elevation as determined by the Flood Insurance Rate Map (FIRM) referenced in Sec. 10-52.

Sec. 38-252 Lots within the district.

70-15-09-148-010	70-15-09-148-030	70-15-09-148-031	70-15-09-148-013	70-15-09-148-032
70-15-09-148-019	70-15-09-148-011	70-15-09-184-009	70-15-09-184-005	70-15-09-184-010
70-15-09-184-036	70-15-09-148-012	70-15-09-184-002	70-15-09-184-001	70-15-09-148-018
70-15-09-184-035	70-15-09-184-003	70-15-09-184-006	70-15-09-184-032	70-15-09-148-014

Sec. 38-260 Description and purpose.

(a)

The EB Edgewood Beach Overlay District is designed to promote the health, safety, and welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Limit site improvements to blend with the existing topographic character of the earth.

(3)

Allow for the modernization of existing single-family dwellings.

(4)

Maintain a stable single-family neighborhood within Edgewood Beach.

Sec. 38-261 Use regulations.

(a)

The Edgewood Beach Overlay District does not replace or restrict the range of land uses allowed in the underlying zoning district but provides additional development standards that must be met for any lot located partially or completely within the Edgewood Beach Overlay District identified on the Zoning Map, which includes the lots listed within Section 38-264 of this chapter.

(b)

Where the standards of the Edgewood Beach Overlay District are less restrictive or more restrictive than the underlying zoning district or any other provision of this chapter, as determined by the Zoning Administrator, the standards of the Edgewood Beach Overlay District shall control. Where the standards of the Edgewood Beach Overlay District are silent, the general regulations and restrictions of the Zoning Ordinance, including, but not limited to, the underlying zoning district, shall control.

Sec. 38-262 Area regulations.

[Amended by Ord. No. 2026-03, eff. 5-1-2026]

(a)

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

(1)

Front yard. No front yard shall be less than 35 feet.

(2)

Rear yard. No rear yard shall be less than 10 feet; provided, however, that no buildings shall be located closer than 50 feet from the base flood elevation as determined by the Flood Insurance Rate Map (FIRM) referenced in Sec. 10-52.

Sec. 38-263 Preexisting principal building and reconstruction.

All setbacks for a principal building in existence prior to the adoption of this chapter shall be considered conforming. Any principal building destroyed by fire, wind, act of God, public enemy, or any other means not self-inflicted, except that for which a demolition permit has been issued by the Township, may be rebuilt and restored to its former building footprint.

Sec. 38-264 Lots within the district.

70-15-09-348-036	70-15-09-384-027	70-15-09-385-012	70-15-09-384-019	70-15-09-348-031
70-15-09-385-036	70-15-09-385-007	70-15-09-384-001	70-15-09-384-022	70-15-09-384-025
70-15-09-385-035	70-15-09-384-029	70-15-09-385-013	70-15-09-348-030	70-15-09-348-033
70-15-09-384-012	70-15-09-385-037	70-15-09-384-031	70-15-09-385-005	70-15-09-348-032
70-15-09-384-011	70-15-09-348-037	70-15-09-385-004	70-15-09-348-022	70-15-09-384-023
70-15-09-385-033	70-15-09-384-030	70-15-09-385-034	70-15-09-348-021	70-15-09-348-040
70-15-09-385-002	70-15-09-348-043	70-15-09-384-013	70-15-09-385-006	70-15-09-384-014
70-15-09-384-028	70-15-09-348-018	70-15-09-385-003

Sec. 38-273 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-3 Low Density Single-Family Residence District is intended for low density single-family residential uses together with required recreational, religious and educational facilities.

Sec. 38-274 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-3 Low Density Single-Family Residence District may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(3)

Parks, playgrounds, community centers, governmental, administration, or service buildings which are owned and operated by a governmental agency or a noncommercial organization when authorized as a special use by the Planning Commission utilizing the same standards as are provided in Section 38-244(2).

(4)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(5)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(6)

(7)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(8)

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(9)

Home occupations when authorized in accordance with Section 38-506.

Sec. 38-275 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-276 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. No side yard shall be less than 10 feet.

(3)

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

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

Lot area and width. The minimum lot area and width for residential uses shall be 15,000 square feet and 90 feet, respectively. The minimum lot area for all other permitted uses shall be 15,000 square feet.

Sec. 38-277 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-303 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-4 Medium Density Single- and Two-Family Residence District is intended for medium density single- and two-family uses.

Sec. 38-304 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-4 Medium Density Single- and Two-Family Residence District may be used for the following purposes only:

(1)

Any use permitted in the R-3 Low Density Single-Family District, subject, except as specifically provided otherwise in this division, to the same conditions, restrictions and requirements as are provided in said R-3 Zoning District.

(2)

Two-family dwelling.

(3)

Home occupations when authorized in accordance with Section 38-506.

(4)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-305 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-306 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. There shall be total side yards of not less than 20 feet; provided, however, that no yard shall be less than seven feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; provided, however, that in the case of lakefront lots, the rear yard shall be not less than 50 feet.

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

Lot area and width (single-family). The minimum lot area and width for a single-family dwelling shall be 8,500 square feet and 85 feet, respectively; provided, however, that the minimum lot area and width for lots not served with public water and sewer shall be 15,000 square feet and 90 feet, respectively, and that the minimum lot area for lots served with public water but not served with public sewer shall be 10,000 square feet.

(5)

Lot area and width (two-family). The minimum lot area and width for a two-family dwelling shall be 15,000 square feet and 100 feet, respectively; provided, however, that the minimum lot area and width for lots not served with public water and sewer shall be 30,000 square feet and 100 feet, respectively, and that the minimum lot area for lots served with public water but not served with public sewer shall be 20,000 square feet.

Sec. 38-307 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

Single-family dwellings shall have a minimum of 1,000 square feet of usable floor area; provided, however, that all single-family dwellings with more than one floor level shall meet the following requirements: 1,100 square feet of usable floor area for a 1 1/2-story dwelling, 1,000 square feet of usable floor area in the main and upper level floors of a tri-level dwelling, and 1,400 square feet of usable floor area for a two-story dwelling. Each dwelling unit in a two-family dwelling shall have a minimum of 1,000 square feet of usable floor area; provided, however, if both units in the dwelling have an attached garage with 300 square feet of area, then the minimum usable floor area for each dwelling shall be 860 square feet.

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-320 Description and purpose.

(a)

The MP Macatawa Park Overlay District is designed to promote the health, safety, and general welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Improve access on roads by lessening congestion.

(3)

Provide for the safe movement of pedestrian and vehicular traffic.

(4)

Protect woodlands, dune areas, and areas adjacent to Lake Macatawa and Lake Michigan, and other environmentally sensitive areas from overdevelopment.

(5)

Limit site improvements to blend with the existing topographic character of the earth.

(6)

Allow for the modernization of existing single-family and two-family dwellings.

(7)

Maintain stable single-family and two-family neighborhoods within Macatawa Park.

Sec. 38-321 Use regulations.

(a)

The Macatawa Park Overlay District does not replace or restrict the range of uses allowed in the underlying zoning districts but provides additional development standards that must be met for any lot located partially or completely within the Macatawa Park Overlay District identified on the Zoning Map, which includes the lots listed within Section 38-322 of this chapter.

(b)

Where the standards of the Macatawa Park Overlay District are less restrictive or more restrictive than the underlying zoning district or any other provision of this chapter, as determined by the Zoning Administrator, the standards of the Macatawa Park Overlay District shall apply. Where the standards of the Macatawa Park Overlay District are silent, the general regulations and restrictions of this chapter, including, but not limited to, the underlying zoning district, shall control. No new planned unit developments within the Macatawa Park Overlay District shall be permitted.

(c)

Permitted and special uses within the Macatawa Park Overlay District shall be regulated in the underlying zoning district subject to the following additional provisions:

(1)

Improved lot. A lot containing a single-family dwelling or a two-family dwelling shall comply with the following:

Front yard averaging. The required front yard of the principal building may be reduced to 75% of the average depth of at least three front yards of existing principal buildings on lots within 300 feet of the lot in question and within the same block and within the same underlying zoning district; provided, however, if there are fewer than three such principal buildings within 300 feet of the lot in question, then the 300-foot distance shall be extended to the distance necessary to utilize a minimum of three such principal buildings for the purpose of determining the average depth, as established by a licensed surveyor or the Zoning Administrator.

Side yard averaging. The required side yard of the principal building may be reduced to 75% of the average depth of at least three side yards of existing principal buildings on lots within 300 feet of the lot in question and within the same block and within the same underlying zoning district; provided, however, if there are fewer than three such principal buildings within 300 feet of the lot in question, then the 300-foot distance shall be extended to the distance necessary to utilize a minimum of three such principal buildings for the purpose of determining the average depth, as established by a licensed surveyor or the Zoning Administrator.

Rear yard averaging. The required rear yard of the principal building may be reduced to 75% of the average depth of at least three rear yards of existing principal buildings on lots within 300 feet of the lot in question and within the same block and within the same underlying zoning district; provided, however, if there are fewer than three such principal buildings within 300 feet of the lot in question, then the 300-foot distance shall be extended to the distance necessary to utilize a minimum of three such principal buildings for the purpose of determining the average depth, as established by a licensed surveyor or the Zoning Administrator.

Mitigation. Any improved lot subject to a building permit that reduces the front yard to less than five feet or increases the building area within five feet of the street right-of-way shall provide means to mitigate hazards for vehicular and pedestrian traffic within the adjacent street to the satisfaction of the Zoning Administrator, who shall confer with the appropriate expert(s) regarding the proposed means to mitigate hazards, including, but not necessarily limited to, the Ottawa County Sheriff's Department, the Township Fire Chief, the Township Planner, the Township Attorney, or any other Township staff or consultant qualified to assess hazard mitigation. Alternatively, a professional study or studies containing evidence that mitigation is impossible shall be provided.

Automatic fire extinguishing system. Pursuant to Section 901.4.4 of the International Fire Code, as amended, because special hazards exist in addition to the normal hazards of occupancy, and access for fire apparatus is unduly difficult, the Park Township Fire Chief may require an automatic fire extinguishing system be installed within any single-family dwelling or two-family dwelling subject to a building permit.

Parking area. Any improved lot subject to a building permit shall provide an on-site parking area meeting the minimum number of parking spaces and the minimum dimensions for each parking space pursuant to Section 38-601 of this chapter. Alternatively, off-site parking or a combination of on-site parking and off-site parking, when located entirely within MP Overlay District, may be provided. In addition, for each 600 square feet of principal building floor area beyond the first 1,800 square feet of principal building floor area, one additional parking space shall be required.

Preexisting principal building and reconstruction. All setbacks for a principal building in existence prior to the adoption of this chapter shall be considered conforming. Any principal building destroyed by fire, wind, act of God, public enemy, or any other means not self-inflicted may be rebuilt and restored to its former building footprint. Reconstruction of a preexisting principal building is subject to Section 38-321(c)(1)f of this division.

(2)

Unimproved lot. A lot vacant of a principal building, accessory structure or combination thereof shall comply with the following:

New construction. No new principal building shall be constructed on an unimproved or vacant lot unless the lot meets the minimum lot area and the minimum lot width of the underlying zoning district.

Front yard averaging. The required front yard of the principal building may be reduced to 75% of the average depth of at least three front yards of existing principal buildings on lots within 300 feet of the lot in question and within the same block and within the same underlying zoning district; provided, however, if there are fewer than three such principal buildings within 300 feet of the lot in question, then the distance 300-foot distance shall be extended to the distance necessary to utilize a minimum of three such principal buildings for the purpose of determining the average depth, as established by a licensed surveyor or the Zoning Administrator.

Building footprint. The building footprint shall include all foundation walls and any cantilevered building faces together with any attached accessory buildings, but excluding decks and patios of 30 inches or less in height.

Automatic fire extinguishing system. Pursuant to Section 901.4.4 of the International Fire Code, as amended, because special hazards exist in addition to the normal hazards of occupancy, and access for fire apparatus is unduly difficult, the Park Township Fire Chief may require an automatic fire extinguishing system be installed within the entirety of any new single-family dwelling or two-family dwelling.

Parking area. Any unimproved lot subject to a building permit shall provide an on-site parking area meeting the minimum number of parking spaces and the minimum dimensions for each parking space pursuant to Section 38-601 of this chapter. In addition, for each 600 square feet of principal building floor area beyond the first 1,800 square feet of principal building floor area, one additional parking space shall be required.

Sec. 38-322 Lots within the district.

70-15-33-379-004	70-15-33-382-014	70-15-33-384-001	70-15-33-388-030	70-15-33-393-004
70-15-33-380-001	70-15-33-382-015	70-15-33-384-002	70-15-33-388-031	70-15-33-393-005
70-15-33-380-002	70-15-33-382-018	70-15-33-384-003	70-15-33-388-032	70-15-33-393-006
70-15-33-380-003	70-15-33-382-021	70-15-33-384-004	70-15-33-388-037	70-15-33-394-002
70-15-33-380-004	70-15-33-382-022	70-15-33-384-010	70-15-33-388-038	70-15-33-394-003
70-15-33-380-005	70-15-33-382-023	70-15-33-384-011	70-15-33-388-039	70-15-33-394-004
70-15-33-380-006	70-15-33-382-024	70-15-33-384-012	70-15-33-388-040	70-15-33-394-006
70-15-33-380-007	70-15-33-382-026	70-15-33-384-013	70-15-33-388-041	70-15-33-394-007
70-15-33-380-014	70-15-33-382-029	70-15-33-384-014	70-15-33-388-043	70-15-33-394-008
70-15-33-380-015	70-15-33-382-030	70-15-33-384-015	70-15-33-388-045	70-15-33-394-009
70-15-33-380-017	70-15-33-382-031	70-15-33-385-002	70-15-33-388-046	70-15-33-394-010
70-15-33-380-018	70-15-33-382-032	70-15-33-385-003	70-15-33-388-047	70-15-33-394-011
70-15-33-380-019	70-15-33-382-033	70-15-33-385-008	70-15-33-388-048	70-15-33-394-012
70-15-33-380-020	70-15-33-382-034	70-15-33-385-009	70-15-33-389-001	70-15-33-394-013
70-15-33-380-021	70-15-33-382-035	70-15-33-385-010	70-15-33-389-004	70-15-33-394-015
70-15-33-380-024	70-15-33-382-041	70-15-33-386-001	70-15-33-389-005	70-15-33-394-016
70-15-33-380-026	70-15-33-382-045	70-15-33-386-002	70-15-33-389-009	70-15-33-394-017
70-15-33-380-027	70-15-33-382-046	70-15-33-386-003	70-15-33-389-010	70-15-33-394-018
70-15-33-380-032	70-15-33-382-047	70-15-33-386-004	70-15-33-389-011	70-15-33-394-019
70-15-33-380-033	70-15-33-382-049	70-15-33-386-007	70-15-33-389-012	70-15-33-394-020
70-15-33-380-034	70-15-33-382-052	70-15-33-386-008	70-15-33-389-013	70-15-33-394-021
70-15-33-380-035	70-15-33-382-053	70-15-33-386-014	70-15-33-389-015	70-15-33-394-023
70-15-33-381-001	70-15-33-382-054	70-15-33-387-004	70-15-33-389-016	70-15-33-394-024
70-15-33-381-002	70-15-33-382-055	70-15-33-387-009	70-15-33-390-001	70-15-33-394-025
70-15-33-381-003	70-15-33-382-057	70-15-33-387-021	70-15-33-390-003	70-15-33-460-006
70-15-33-381-004	70-15-33-382-058	70-15-33-387-027	70-15-33-390-004	70-15-33-461-001
70-15-33-381-005	70-15-33-382-059	70-15-33-387-028	70-15-33-390-007	70-15-33-461-010
70-15-33-381-007	70-15-33-382-060	70-15-33-388-001	70-15-33-392-002	70-15-33-461-011
70-15-33-381-008	70-15-33-382-061	70-15-33-388-002	70-15-33-392-004	70-15-33-461-015
70-15-33-381-009	70-15-33-382-062	70-15-33-388-003	70-15-33-392-005	70-15-33-461-016
70-15-33-381-011	70-15-33-382-063	70-15-33-388-006	70-15-33-392-007
70-15-33-382-002	70-15-33-383-003	70-15-33-388-007	70-15-33-393-001
70-15-33-382-003	70-15-33-383-006	70-15-33-388-008	70-15-33-393-002
70-15-33-382-009	70-15-33-383-008	70-15-33-388-024	70-15-33-393-003

Sec. 38-323 Description and purpose.

The OB Ottawa Beach Overlay District is designed to promote the health, safety, and general welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Improve access on roads by lessening congestion.

(3)

Provide for the safe movement of pedestrian and vehicular traffic.

(4)

Prohibit the expansion of commercial uses to protect and promote the historic residential character and lessen the congestion of streets and pedestrian pathways.

(5)

Protect woodlands, dune areas, and areas adjacent to Lake Macatawa and Lake Michigan, and other environmentally sensitive areas from overdevelopment.

(6)

Limit site improvements to blend with the existing topographic character of the earth.

(7)

Allow for the modernization of existing single-family and two-family dwellings.

(8)

Maintain stable single-family and two-family neighborhoods within Ottawa Beach.

Sec. 38-324 Use regulations.

(a)

The Ottawa Beach Overlay District does not replace or restrict the range of land uses allowed in the underlying zoning districts but provides additional development standards that must be met for any lot located partially or completely within the Ottawa Beach Overlay District identified on the zoning map, which includes the lots listed within Section 38-325 of this division.

(b)

Where the standards of the Ottawa Beach Overlay District are less restrictive or more restrictive than the underlying zoning district or any other provision of this chapter, as determined by the Zoning Administrator, the standards of the Ottawa Beach Overlay District shall apply. Where the standards of the Ottawa Beach Overlay District are silent, the general regulations and restrictions of the Zoning Ordinance, including but not limited to the underlying zoning district, shall control. Except for home occupations, no new commercial uses within the Ottawa Beach Overlay District shall be permitted.

(c)

Permitted and special uses within the Ottawa Beach Overlay District shall be regulated in the underlying zoning district subject to the following additional provisions:

(1)

Improved Lot. A Lot containing a single-family dwelling or a two-family dwelling shall comply with the following:

Side Yard Averaging. Where the average depth of at least two side yards of existing buildings within 300 feet of the lot in question and within the same block on the same side of the street is less than the minimum side yard depth of the underlying zoning district, then the required side yard shall be modified to be no less than the average depth of the existing adjacent buildings, as established by a licensed surveyor or the Zoning Administrator; provided, however, that the depth of the side yard shall not be less than five feet, in any event.

Principal Building Character Height. The maximum principal building height shall not exceed the average height of all principal buildings of the same use on lots within 300 feet of the lot in question within the same block and on the same side of the street, or the maximum height of the underlying zoning district, whichever is less.

Parking Area. Any Improved lot subject to a building permit shall provide an on-site parking area meeting the minimum number of parking spaces and the minimum dimensions for each parking space pursuant to Section 38-601 of this chapter. Alternatively, off-site parking or a combination of on-site parking and off-site parking, when located entirely within the OB Overlay District, may be provided.

Pre-Existing Principal Building and Reconstruction. All setbacks for a principal building in existence prior to the adoption of this chapter shall be considered conforming. Any principal building destroyed by fire, wind, act of God, public enemy, or any other means not self-inflicted, except that for which a demolition permit has been issued by the Township, may be rebuilt and restored to its former building footprint. Reconstruction of a pre-existing principal building is subject to Section 38-324(c)(1)c of this division and may be expanded pursuant to Section 38-324(c)(1)a through d.

Any earth change or grade change that involves more than 100 cubic yards will be permitted only as a special use subject to the review and approval of the Planning Commission. In making its decision, the Planning Commission shall consider the following standards:

The nature of the proposed change, including, without limitation, whether materials are to be excavated and removed from, or imported to, or moved upon the parcel and the purpose for the proposed change, together with the clearing of the land.

The proposed change in the topography of the parcel. The change shall not cause significant change in the natural topography or have an adverse or destructive impact on the environment, a natural resource, adjoining properties, or the neighborhood.

The effect and impact of such change on neighboring parcels and whether such change can be conducted in a manner harmonious with the neighboring uses of property.

The potential of the change to create safety concerns or hazards, to cause problems with noise, fumes, dust, lights and vibrations, to create erosion problems, to alter the groundwater table in the vicinity, to cause flooding or diversion of water, to result in the creation of sand blows, stagnant water pools, bogs and other similar problems affecting the adjacent properties and environment in the neighborhood.

The change must not create or cause a safety hazard, erosion by wind or water, alteration of groundwater tables and other similar problems. The change must not cause or create any sand blows, stagnant water pools, bogs or any similar type circumstances that cause injury to adjoining properties or the neighborhood.

The types of trucks and other equipment to be used and the potential for traffic congestion, damage to roads, noise and debris, and safety hazards resulting from trucks and equipment used in the change activities. The change shall not result in traffic congestion, road safety hazards or other similar problems.

Whether the change activities comply with all applicable federal, state, county and local laws, ordinances, rules, regulations, permits and requirements.

(2)

Unimproved Lot. A lot vacant of a principal building, accessory structure or combination thereof shall comply with the following:

New Construction. No new principal building shall be constructed on an unimproved or vacant lot unless the lot meets the minimum lot area and the minimum lot width of the underlying zoning district.

Building Footprint. The building footprint shall include all foundation walls and any cantilevered building faces together with any attached accessory buildings, but excluding decks and patios of 30 inches or less in height.

Parking Area. Any unimproved lot subject to a building permit shall provide an on-site parking area meeting the minimum number of parking spaces and the minimum dimensions for each parking space pursuant to Section 38-601 of this chapter. Alternatively, off-site parking or a combination of on-site parking and off-site parking, when located entirely within the OB Overlay District, may be provided.

The effect and impact of such change on neighboring parcels and whether such change can be conducted in a manner harmonious with the neighboring uses of property.

Whether the change activities comply with all applicable federal, state, county and local laws, ordinances, rules, regulations, permits and requirements.

(d)

Recreational fires. All recreational fires shall be prohibited except for not more than one recreational fire on a lot, which complies with following:

(1)

Located no less than 25 feet from any structure, other combustible material, lot line, roadway, bike path, sidewalk, boardwalk, alleyway, or fence. When contained within a portable outdoor fireplace, as defined by the International Fire Code, as amended, the recreational fire may be located no less than 15 feet from any structure, other combustible material, lot line, roadway, bike path, sidewalk, boardwalk, alleyway, or fence.

(2)

Located no less than 20 feet from tree branches and overhead wires.

(3)

Fire rings must be built or lined with noncombustible material, such as brick, rock, or metal, or be otherwise designed for recreational fires with a fire grate or cover approved by the Park Township Fire Department.

(4)

No greater than three feet in diameter and two feet in height.

(5)

Contains a fire grate as defined by this chapter.

(6)

Only seasoned wood may be burned. Leaves, yard waste such as grass clippings, dune grass, ornamental grass, household waste, construction materials, commercial or industrial waste, or any other material that would cause a public nuisance is prohibited to be burned.

(7)

A reliable water supply able to extinguish the fire shall be readily available any time a fire is present, which includes, but is not necessarily limited to, a portable fire extinguisher or garden hose connected to an active water service.

(8)

Wind speeds shall be of 10 miles per hour or less when a fire is present. Any fire that is present in wind speeds greater than 10 miles per hour shall be immediately extinguished.

(9)

Any fire shall be extinguished prior to midnight or when directed by the Park Township Fire Department or their designee.

(10)

Any fire shall be attended by a competent person of 18 years or older until fully extinguished.

(11)

Recreational fires are prohibited on an unimproved lot.

(12)

All recreational fire locations shall be subject to approval by the Park Township Fire Department.

Sec. 38-325 Lots within the district.

70-15-33-275-011	70-15-33-296-020	70-15-33-298-008	70-15-33-179-017	70-15-33-180-003
70-15-33-298-005	70-15-33-177-005	70-15-33-330-007	70-15-33-290-017	70-15-33-290-025
70-15-33-296-015	70-15-33-180-009	70-15-33-179-013	70-15-33-298-006	70-15-33-425-003
70-15-33-201-013	70-15-33-275-023	70-15-33-290-005	70-15-33-290-027	70-15-33-283-001
70-15-33-275-006	70-15-33-273-005	70-15-33-296-011	70-15-33-290-014	70-15-33-179-020
70-15-33-290-030	70-15-33-296-012	70-15-33-291-003	70-15-33-177-011	70-15-33-424-001
70-15-33-290-033	70-15-33-290-023	70-15-33-275-014	70-15-33-291-004	70-15-33-274-009
70-15-33-180-006	70-15-33-275-022	70-15-33-279-005	70-15-33-298-001	70-15-33-290-020
70-15-33-290-010	70-15-33-146-024	70-15-33-283-007	70-15-33-177-012	70-15-33-291-006
70-15-33-275-011	70-15-33-425-006	70-15-33-274-021	70-15-33-425-002	70-15-33-295-005
70-15-33-290-008	70-15-33-283-010	70-15-33-296-002	70-15-33-285-010	70-15-33-290-012
70-15-33-290-013	70-15-33-296-001	70-15-33-146-025	70-15-33-290-001	70-15-33-272-001
70-15-33-290-018	70-15-33-281-013	70-15-33-290-006	70-15-33-272-005	70-15-33-279-003
70-15-33-181-003	70-15-33-201-006	70-15-33-181-004	70-15-33-272-009	70-15-33-284-007
70-15-33-275-017	70-15-33-279-001	70-15-33-179-016	70-15-33-179-012	70-15-33-330-003
70-15-33-179-014	70-15-33-281-004	70-15-33-425-008	70-15-33-201-004	70-15-33-426-001
70-15-33-179-004	70-15-33-179-018	70-15-33-180-008	70-15-33-177-004	70-15-33-424-003
70-15-33-295-006	70-15-33-428-001	70-15-33-275-005	70-15-33-296-004	70-15-33-272-003
70-15-33-281-002	70-15-33-146-006	70-15-33-275-009	70-15-33-297-001	70-15-33-296-010
70-15-33-283-011	70-15-33-296-006	70-15-33-274-008	70-15-33-274-005	70-15-33-428-002
70-15-33-298-003	70-15-33-179-005	70-15-33-281-012	70-15-33-274-014	70-15-33-201-005
70-15-33-283-008	70-15-33-290-007	70-15-33-298-002	70-15-33-284-014	70-15-33-296-003
70-15-33-275-026	70-15-33-295-009	70-15-33-274-015	70-15-33-290-003	70-15-33-296-019
70-15-33-290-024	70-15-33-275-021	70-15-33-291-008	70-15-33-291-007	70-15-33-330-001
70-15-33-295-004	70-15-33-283-005	70-15-33-272-002	70-15-33-296-013	70-15-33-275-007
70-15-33-180-010	70-15-33-275-012	70-15-33-290-022	70-15-33-283-012	70-15-33-284-010
70-15-33-281-011	70-15-33-291-001	70-15-33-177-009	70-15-33-275-015	70-15-33-274-006
70-15-33-179-006	70-15-33-177-010	70-15-33-179-024	70-15-33-274-012	70-15-33-284-006
70-15-33-275-020	70-15-33-181-002	70-15-33-283-015	70-15-33-180-002	70-15-33-275-028
70-15-33-296-007	70-15-33-290-034	70-15-33-180-005	70-15-33-275-019	70-15-33-295-002
70-15-33-275-024	70-15-33-274-019	70-15-33-275-025	70-15-33-291-009	70-15-33-296-014
70-15-33-274-023	70-15-33-275-013	70-15-33-290-029	70-15-33-330-006
70-15-33-290-026	70-15-33-201-012	70-15-33-290-032	70-15-33-281-015
70-15-33-284-008	70-15-33-283-014	70-15-33-295-001	70-15-33-296-005
70-15-33-290-002	70-15-33-281-017	70-15-33-274-013	70-15-33-296-016
70-15-33-296-018	70-15-33-290-015	70-15-33-297-002	70-15-33-298-009
70-15-33-281-018	70-15-33-290-011	70-15-33-275-018	70-15-33-290-019
70-15-33-424-002	70-15-33-291-002	70-15-33-290-009	70-15-33-330-004
70-15-33-428-003	70-15-33-298-010	70-15-33-179-025	70-15-33-272-004
70-15-33-285-009	70-15-33-275-016	70-15-33-180-001	70-15-33-290-021
70-15-33-290-031	70-15-33-279-004	70-15-33-296-009	70-15-33-275-027
70-15-33-275-010	70-15-33-275-003	70-15-33-296-008	70-15-33-274-018
70-15-33-180-004	70-15-33-274-007	70-15-33-274-022	70-15-33-283-002
70-15-33-290-016	70-15-33-181-001	70-15-33-281-014	70-15-33-275-008
70-15-33-290-035	70-15-33-201-011	70-15-33-180-011	70-15-33-180-007
70-15-33-298-007	70-15-33-298-004	70-15-33-296-017	70-15-33-283-009
70-15-33-290-028	70-15-33-201-003	70-15-33-425-001	70-15-33-295-003
70-15-33-425-007	70-15-33-272-008	70-15-33-179-007	70-15-33-279-002
70-15-33-290-004	70-15-33-146-007	70-15-33-281-005	70-15-33-284-009
70-15-33-179-015	70-15-33-291-005	70-15-33-275-004	70-15-33-281-003
70-15-33-295-008	70-15-33-284-013	70-15-33-295-007	70-15-33-271-003

Sec. 38-333 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-5 Low Density Multifamily Residence District is intended for low density residential and group housing.

Sec. 38-334 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-5 Low Density Multifamily Residence District may be used for the following purposes only:

(1)

Any use permitted in the R-4 Medium Density Single- and Two-Family Residence District, subject, except as specifically provided otherwise in this division, to the same conditions, restrictions and requirements as are provided in the said R-4 Zoning District.

(2)

Multifamily dwellings provided they are served by public water.

(3)

Home occupations when authorized in accordance with Section 38-506.

(4)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-335 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-336 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

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

For single- and two-family dwellings, the total side yards shall be not less than 20 feet; provided, however, that no side yard shall be less than seven feet.

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

(3)

Rear yard. There shall be a rear yard of not less than 25 feet provided, however, that in the case of lakefront lots, the rear yard shall be not less than 50 feet.

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

(5)

(6)

Lot area and width (other than one- and two-family). The minimum lot width shall be 100 feet. The minimum lot area for multifamily dwellings shall be 4,500 square feet per dwelling unit; provided, however, that the minimum lot area for multifamily dwellings not served with public sewer shall be 10,000 square feet per dwelling unit. The minimum lot area for all other permitted uses shall be 15,000 square feet.

Sec. 38-337 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

Each single-family and two-family dwelling shall have minimum usable floor area as is required by Section 38-307. Each multifamily dwelling shall have minimum usable floor area as follows: one-bedroom unit, 650 square feet per unit; two-bedroom unit, 750 square feet per unit; three-bedroom unit, 900 square feet per unit; additional bedrooms require an additional 100 square feet of usable floor area for each additional bedroom.

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-363 Description and purpose.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

The purpose of planned unit development ("PUD") regulations is to encourage and allow more creative and innovative design of land development and use than is possible under conventional zoning district regulations. Planned unit developments are intended to allow flexibility in planning and in designing development proposals, which ideally results in a development that contains more amenities through preservation of natural and cultural resources, and through providing a combination of complementary uses. The result is ultimately a development that is more desirable than one produced in accordance with conventional zoning ordinance and subdivision controls.

(b)

Through proper design and review, each PUD should substantially meet the following objectives:

(1)

To allow a mix of uses, structures, facilities, housing types and open space that is compatible with existing and planned uses on nearby properties.

(2)

To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic conditions, and preserves natural resources such as wetlands, forests, floodplains, natural drainage patterns, agricultural lands, wildlife habitats and other natural site features.

(3)

To provide for the regulation of lawful and reasonable land uses not otherwise authorized within this chapter.

(4)

To provide for single- or mixed-use developments which respect the goals and objectives of this chapter and the Park Township Master Plan.

(5)

To encourage the provision of open space and the development of recreational and other support facilities in generally central locations or within a reasonable distance of all dwellings or uses.

(6)

To implement the vision of the Park Township Master Plan in order to provide a high standard of quality of life, varied housing options, and richness of natural assets.

Sec. 38-364 Authorization and permitted uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

The Township Board may approve a PUD in any location within Park Township, provided the property meets the qualifying conditions set forth in Section 38-365.

(b)

Any land use allowed by this chapter may be approved by the Township Board within a PUD as a principal or accessory use subject to adequate provisions for the public health, safety, and welfare within the PUD, except manufactured housing communities may only be approved within a PUD in areas recommended in the Park Township Master Plan for high-density residential and zoned R-4 Medium Density Single- and Two-Family Residence District prior to consideration as a PUD.

(c)

Private roads are allowed in a PUD subject to the requirements of Section 38-512 herein.

Sec. 38-365 Qualifying conditions.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Minimum PUD area size. In order to be eligible for a PUD, the area proposed for a PUD shall consist of a minimum of two contiguous acres; with the exception that, in the C-1 Neighborhood Business District and the C-2 Resort Service District, the minimum size shall be one contiguous acre.

(b)

Completion of PUD as approved. Upon the transfer of ownership or control of the entire PUD or individual properties within the PUD, all requirements approved by the Township Board shall continue to be met and the development shall be completed in its entirety as approved.

Sec. 38-366 Development requirements for all uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

The lot area, lot width, building height, setback, and other dimensional and yard requirements, supplemental regulations, landscaping, signs, lighting and parking regulations and other development regulations which would otherwise be applicable to the type of land use being requested for the PUD shall be determined by the Township Board following a recommendation from the Planning Commission in order to achieve the objectives of this division. Criteria which shall be used in making these determinations shall include the following:

(1)

Number, location, size, and type of dwelling units.

(2)

Type, location, and amount of nonresidential uses proposed.

(3)

Proximity and impact of the PUD on adjacent existing and future land uses.

(4)

Preservation of existing vegetation or other natural features on site.

(5)

Topography of the site.

(6)

Provision of public and/or community water, sanitary sewer and storm sewer or approval of the Ottawa County Health Department for on-site well and septic systems.

(7)

Access for emergency vehicles to all buildings and areas.

(8)

Provisions for pedestrian circulation, recreational amenities, and open space.

(9)

Traffic circulation and safety.

Sec. 38-367 Development requirements for PUDs with residential uses.

[Ord. No. ZO17-1, eff. 5-15-2016; amended by Ord. No. 2020-001, eff. 1-27-2020]

For planned unit developments which will devote all or a portion of the site to residential use, the following requirements shall apply, in addition to the requirements of Section 38-366:

(1)

Number of dwellings permitted. An area which is requested for approval to a PUD shall be developed in accordance with the density determined by using the minimum lot size required by the current zoning district for the area for residential uses according to the requirements of Section 38-367(2).

(2)

Formula to determine number of dwellings on net buildable acreage. The number of dwellings which may be constructed within a PUD shall be determined as follows:

Determine gross site acreage. The gross site acreage may include the public road rights-of-way to which the site abuts only if the legal description for the land includes the road rights-of-way.

Subtract all the areas of existing wetlands, creeks, streams, ponds, lakes, or other water bodies, floodplains, critical dunes, and slopes of 20% or greater.

If requested by the Planning Commission or the Township Board, the determination of the existence of wetlands or floodplain areas on a parcel shall be demonstrated through a written determination by the Michigan Department of Natural Resources, or by a professional biologist, ecologist, environmental engineer or similar professional person deemed acceptable to the Planning Commission or the Township Board and in compliance with the standards for wetlands or floodplains established by the Michigan Department of Natural Resources at the time of the review.

Subtract acreage proposed to be devoted to nonresidential uses, except those areas proposed for, but not limited to, parks, playgrounds, and dedicated open space, which shall not be subtracted.

Facilities proposed for, but not limited to, community buildings, indoor recreational facilities, and similar facilities shall be considered nonresidential uses and shall be subtracted to determine net buildable acreage.

Streets, alleys, drives, or similar improvements internal to the site designed for the circulation of traffic, with or without a right-of-way, shall be subtracted to determine net buildable acreage. The area for these improvements shall be calculated using a width of no less than 66 feet by their total length. Driveways generally perpendicular to the street, alley, drive, or similar improvement shall not be included within this calculation.

The number of acres remaining shall be the net buildable acreage.

Multiply the net buildable acreage by the number of dwelling units per acre that results using the minimum residential lot size required by the current zoning district.

(3)

Additional dwellings. Additional dwellings above those authorized by Section 38-367(1) and (2) may be allowed at the discretion of the Township Board following a recommendation by the Planning Commission if the development provides additional amenities or preserves additional dedicated open space, beyond that required by Section 38-368, which would result in a significant recognizable benefit to the Township and residents of the PUD. In considering whether the PUD will result in a significant recognizable benefit to the Township and the residents of the PUD, the Planning Commission and Board shall consider whether the PUD includes one or more of the following items as well as similar items:

Recreational facilities such as playground areas with play equipment, ball fields, bike paths, constructed lake, community building or similar recreation facilities, with the exception of golf courses.

Additional landscaping to preserve or enhance the views along the roadway.

Enhancement of existing wetlands, or creation of lakes or ponds which are not designed solely to function as retention or detention facilities, but are designed primarily as recreational or visual amenities, subject to applicable regulations.

Provision of additional unique dedicated open space or mature stands of trees which would be of recognizable benefit to Township residents and residents of the PUD.

Provision of a public or private community water and/or sanitary sewer system.

If additional dwelling units are to be allowed, the maximum number of dwelling units shall be determined according to the formula in Section 38-367(2)a and f by utilizing the gross site acreage. In no case shall the number of dwelling units exceed that allowed by this subsection.

(4)

Mixed-use developments.

Where a mix of commercial, residential, or other combinations of land uses are proposed for one PUD, the density of the residential portion of the PUD site shall be calculated based upon the net buildable acreage of only that portion of the site where residential uses are permitted by the underlying zoning district.

The formula to determine additional dwellings for a mixed-use PUD shall be based upon the gross site acreage of only that portion of the PUD site where residential uses are permitted by the underlying zoning district.

Sec. 38-368 Dedicated open space requirements.

[Ord. No. ZO17-1, eff. 5-15-2016; amended by Ord. No. 2020-001, eff. 1-27-2020]

(a)

A PUD with residential uses shall provide and maintain the following minimum amount of dedicated open space in accordance with the standards of this article. The Planning Commission shall have the discretion to recommend to the Township Board more than the minimum amount of dedicated open space required by the following, if such recommendation is made pursuant to the Planning Commission finding that the purpose and the objectives of the PUD District as required by Section 38-363 are met.

(1)

For land zoned AG, a minimum of 40% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(2)

For land zoned R-1, R-2 or R-3, a minimum of 20% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(3)

For land zoned R-4 or R-5 and not served with public or private sewer, a minimum of 20% of the gross site area devoted to residential use shall permanently be preserved as dedicated open space. For land zoned R-4 or R-5 and served with public or private sewer, and for those uses proposed for multifamily development, a minimum of 15% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(4)

For land zoned R-4 or R-5 and proposed for manufactured housing community, the regulations of Article IX of this chapter regarding minimum dedicated open space shall apply.

(b)

Areas not considered dedicated open space. The following land areas shall not be considered, allowed, or approved as dedicated open space for the purposes of this section:

(1)

The area within any public or private road easement or right-of-way or within streets, alleys, drives, or similar improvements pursuant to Section 38-367(2)d.2 of this chapter.

(2)

Any easement for overhead utility lines, unless adjacent to qualified dedicated open space.

(3)

Only 50% of the area of any existing floodplain, streams, wetlands, lakes, ponds, and slopes which are 20% or greater shall be counted as dedicated open space.

(4)

The area within a platted lot or site condominium lot.

(5)

The area of required setbacks or required distances between buildings.

(6)

Proposed detention and retention ponds. Stormwater management facilities such as rain gardens, bioswales, vegetated filter strips, constructed wetlands, and similar facilities may be considered, allowed, or approved as dedicated open space upon recommendation of the Planning Commission and approval by the Township Board based upon a review of the purpose and objectives in Section 38-373 and the standards in Section 38-373(i).

(7)

Community drain fields if such areas are not completely underground.

(8)

Any area devoted to a golf course.

(9)

Landscaping buffers and greenbelts as required by ordinance.

Sec. 38-369 Standards for dedicated open space.

[Ord. No. ZO17-1, eff. 5-15-2016]

The following standards shall apply to the dedicated open space provided in a PUD:

(1)

Dedicated open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, wetlands, or significant cultural features, such as existing landmark structures or vegetation.

(2)

A portion of the dedicated open space may be required to be located along the public road frontage abutting the site. This area shall be left in its natural condition or landscaped to provide a view compatible with the existing or desired character of the area. When required, the depth of this area shall be recommended by the Planning Commission and as approved by the Township Board, but in no case shall it be less than 30 feet, and it shall not include the road right-of-way.

(3)

If the site contains a lake, stream, or other body of water, the Township Board, following a recommendation from the Planning Commission, may require a portion of the dedicated open space to abut the body of water.

(4)

Dedicated open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths where practicable.

(5)

Grading in the dedicated open space shall be minimal, with the intent to preserve existing topography where practicable.

(6)

Dedicated open space may consist of ballfields, tennis courts, children's play area, skate parks, swimming pools and related buildings, community buildings, and similar recreational facilities. No more than 50% of the dedicated open space may be devoted to these uses.

(7)

The dedicated open space shall be available and usable for all residents of the PUD, subject to reasonable rules. Safe and convenient pedestrian access to the dedicated open space shall be provided.

(8)

The dedicated open space shall be designed to be used primarily by residents of the PUD, but this shall not prohibit non-PUD residents from utilizing these accessory uses, provided rules for such use are set forth in the open space agreement required by Section 38-371 herein.

(9)

Noncontiguous dedicated open space. If requested by the applicant, the Planning Commission may recommend and the Township Board may approve dedicated open space that is not contiguous with the rest of the PUD. In determining whether to approve noncontiguous dedicated open space, one or more of the following criteria shall apply:

The noncontiguous dedicated open space is located such that residents of the PUD can reasonably access and use the noncontiguous dedicated open space.

The noncontiguous dedicated open space will be open to use by the residents of the PUD and the general public.

The dedicated open space contains unique features not found on the lands contiguous to the PUD, and the noncontiguous dedicated open space will be open to use or observation by the residents of the PUD and the general public.

Sec. 38-370 Dedicated open space for nonresidential uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

The intent of this section is to ensure that each PUD that proposes nonresidential uses (such as commercial or institutional uses) shall provide permanent dedicated open space for the nonresidential portion of the PUD site in the form of civic space, such as a central green for sitting or viewing of small outdoor events, or provide objects or areas of interest such as a fountain or plaza, or provide rain gardens or other bioretention areas for the purpose of stormwater detention which shall also function as a visual amenity.

(1)

Dedicated open space areas shall be arranged and designed to contribute to the attractiveness and function of the PUD and shall, insofar as reasonably possible, be interspersed throughout the site.

(2)

At least one dedicated open space area shall be a central green, plaza, or civic square which functions as a focal point for the nonresidential portions of the PUD and serves as an area where social, civic, or passive activities can take place. This area shall be of sufficient size and design to serve as a visual and functional civic amenity for sitting, viewing, dining, or other similar outdoor activity and which, in the opinion of the Township Board, satisfies the intent of this section.

Sec. 38-371 Guarantee and maintenance of dedicated open space.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

The applicant shall provide an open space preservation and maintenance agreement to the Township guaranteeing that all dedicated open space portions of the PUD shall always be maintained in the manner approved. The agreement shall permanently bind all successors and future owners in title. This provision shall not prohibit a transfer of ownership or control of all or any part of the PUD, provided notice of such transfer is provided to the Township and the land uses continue as approved in the PUD plan, unless an express amendment is approved by the Township Board.

(b)

The agreement will be subject to the review and approval of the Township Board and may consist of a recorded deed restriction, covenants that run perpetually with the land, or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended.

(c)

The agreement shall:

(1)

Indicate the permitted use(s) of the dedicated open space.

(2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the dedicated open space.

(3)

Provide for scheduled maintenance of the dedicated open space, including necessary pruning, mowing, replacement of dead or diseased vegetation, and harvesting of trees and new plantings.

(4)

Provide for scheduled maintenance of any structures or facilities located within the dedicated open space, including trails.

(5)

Provide that maintenance may be undertaken by Park Township in the event that the dedicated open space is inadequately maintained or is determined by the Township to be a public nuisance. The agreement shall also provide that any costs incurred by the Township in providing such maintenance, including, but not limited to, all costs of labor (wages and benefits), materials, equipment, and administrative costs, shall be proportionately assessed to the owners of the properties within the PUD and that any unpaid assessment will become a lien against the property.

Sec. 38-372 Public and private street connections to adjacent property.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Public or private streets may be required to be extended to an adjacent property line by the Township Board following a recommendation from the Planning Commission. In making such a decision and recommendation, the Township Board and Planning Commission shall consider the following standards:

(1)

The road extension is a logical method to achieve the safe and efficient movement of vehicles and pedestrians between residential areas and to reduce the amount of vehicle trips which would otherwise need to utilize the street system to access adjoining residential areas. In making this determination, the Township Board and Planning Commission shall consider the likelihood of the adjacent property being developed, whether the natural site features on the adjacent property preclude or present difficulty in extending the public or private road, and if the adjacent site is already developed so as to prevent the extension of the public or private road.

(2)

The road extension would not result in future traffic from off site creating unsafe situations for the residents of the project proposed by the applicant.

(b)

If such a connection is required, the applicant shall construct the road to the adjacent property line at the time that the public or private road is built or the applicant shall grant an appropriate easement to the adjoining property for the road connection and illustrate that easement for the future road on the approved PUD site plan, and shall record an agreement (subject to the approval by the Township) to construct the road connection within the easement when the adjacent property develops and the Planning Commission determines the necessity of the road connection. The Township Board may require the applicant to provide a bond, letter of credit, or other financial guarantee at the time of the PUD approval to ensure that the road is extended as required.

Sec. 38-373 Procedures.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Preapplication conference and presentation.

(1)

Before submitting an application for PUD approval, the applicant shall meet with the Zoning Administrator, who may request the attendance of the Township Planner, Township Engineer, or other professional or Township official.

(2)

The applicant shall provide a conceptual drawing or other information about the development of the property.

(3)

The purpose of the preapplication meeting is to explain the PUD review process to the applicant along with site design requirements in order to assist the applicant in preparing a PUD site plan for review by the Planning Commission.

(4)

No formal action may be taken at a preapplication conference, nor will any statements made at the preapplication conference be legally binding commitments.

(5)

The applicant shall, upon request by the Zoning Administrator or other Township official, make a preapplication presentation to the Planning Commission. This presentation shall include a conceptual drawing and other information sufficient to inform the Planning Commission of the proposal and to provide the applicant with preliminary comments from the Planning Commission. No formal action may be taken at a preapplication presentation, nor will any statements made at the preapplication presentation be legally binding commitments.

(b)

Submit PUD application materials. Following the preapplication conference, the applicant shall submit an application for PUD approval that shall include a completed application form and 10 sets of the preliminary PUD development plan, including an electronic file of the development plan. The application materials shall be submitted to the Zoning Administrator in accordance with the submittal schedule established by the Planning Commission, along with the fee or fees as set by resolution of the Township Board. The application shall at a minimum contain all of the following information:

(1)

The applicant's name, address, and phone number.

(2)

Proof that the applicant is the owner of the property or has a sufficient legal or financial interest in the property.

(3)

The name, address and phone number of the owner(s) of record if different than the applicant.

(4)

The address of the property.

(5)

Legal description of the property.

(6)

Current zoning of the property.

(7)

Project description.

(8)

Size of the property in acres, and any information deemed necessary by the Planning Commission to determine gross site acreage and net buildable acreage.

(9)

Signature of the applicant and owner of the property.

(10)

A narrative describing:

The objectives of the PUD and how it relates to the intent of the PUD District as described in Section 38-363.

The relationship of the PUD to the Park Township Master Plan.

Phases of development and approximate time frame for each phase.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD.

Anticipated start and completion of construction.

Location, type, and size of areas to be dedicated open space.

All proposed modifications from the zoning regulations which would otherwise be applicable to the uses and structures of the current zoning of the property in the absence of a PUD.

(c)

Preliminary PUD development plan. The preliminary PUD development plan shall be drawn at a scale of not more than one inch equals 100 feet and shall contain all of the information as required by Section 38-102 of this chapter and the following information, unless specifically waived by the Planning Commission:

(1)

Small scale sketch of properties with parcel lines, streets, zoning, and uses of land within 1/2 mile of the site. This sketch shall be sufficient to illustrate the character of the area surrounding the proposed PUD.

(2)

Significant natural features and other natural characteristics on the site and within 100 feet of the site, including, but not limited to, open space, stands of trees, bodies of water, brooks, streams, wetlands, floodplains, slopes of 20% or greater, and similar natural features.

(3)

Significant cultural amenities, such as historic sites or structures, fence rows of trees, specimen trees, or other culturally significant features.

(4)

Proposed lots, with lot line dimensions and the area of all lots or site condominium units, and all proposed setbacks. Notes on the PUD development plan shall state all proposed modifications from the zoning regulations which would otherwise be applicable to the uses and structures of the current zoning of the property in the absence of a PUD.

(5)

All driveways opposite the site.

(d)

Environmental impact assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final PUD development plan.

(e)

Review of preliminary PUD development plan. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD, together with any recommended changes or modifications thereof.

(f)

Final PUD development plan.

(1)

After receiving the recommendations of the Planning Commission on the preliminary PUD development plan, the applicant for a PUD shall submit a final PUD development plan to the Township in accordance with the requirements for submittal of the preliminary PUD development plan, along with the fee or fees as set by resolution of the Township Board.

(2)

The final PUD development plan shall contain all of the information required for preliminary PUD plan review (unless specifically waived by the Planning Commission as not being reasonably necessary for the consideration of the PUD), plus the following:

All of the drawings, narrative, studies, assessments, and other information and materials comprising the preliminary PUD development plan, including all of the recommendations of the Planning Commission thereon; or if the applicant has not incorporated all of such recommendations, the final PUD development plan shall indicate such fact and shall state the basis or grounds upon which such recommendations have not been included.

Projected time for completion of the entire PUD, proposed phasing, if any, of the PUD, and the projected time for completion of each phase.

Any other information reasonably required by the Planning Commission or Township Board in connection with the review of the PUD and consideration of the approval of development of the lands in accordance with the PUD plan.

(g)

Planning Commission review of final PUD development plan. The Planning Commission shall prepare a report containing its recommendation to the Township Board concerning the PUD request. The report shall state the conclusions of the Planning Commission concerning the PUD request, the basis for the Planning Commission's recommendation, and any conditions recommended for approval of the PUD.

(h)

Planning Commission public hearing on final PUD development plan. Prior to making a recommendation to the Township Board, the Planning Commission shall hold an advisory public hearing on the final PUD development plan. The giving of public notice for the public hearing shall be as required by the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.[1]

[1]

Editor's Note: See MCL § 125.3101 et seq.

(i)

Standards for approval. The recommendation of the Planning Commission and the decision of the Township Board to approve a PUD shall be based on a finding that the application meets all of the following standards:

(1)

The PUD will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

The PUD will not result in a significant increase in the need for public services and facilities and will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.

(3)

The PUD will be generally compatible with the Master Plan and consistent with the intent and objectives of this Chapter 38, Article III, Division 8, and this chapter.

(4)

The PUD will not result in significant adverse effects upon nearby or adjacent lands and will be generally compatible with the character of the surrounding area.

(5)

The PUD will protect all floodplains and wetlands from filling, except as approved for essential services or recreation amenities.

(6)

The PUD will preserve and maintain mature woodlands, fields, pastures, and meadows and create sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(7)

The PUD will leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public road rights-of-way, insofar as practicable.

(8)

The PUD will protect the rural roadside character where desirable.

(9)

Pedestrian walkways may be provided so that pedestrians can walk safely and easily throughout the site.

(10)

The individual lots, buildings, roadways, and open space areas are designed to minimize the alteration of natural and environmental site features.

(11)

The PUD will be adequately served by public utilities and services such as police and fire protection or public or on-site community water or sanitary sewer.

(12)

The PUD shall be in compliance with all applicable federal, state, county, and Township laws, ordinances, and regulations.

(13)

If a PUD is to be completed in phases, the PUD shall be designed so that each phase is complete in and of itself, in terms of services, facilities and open spaces, and so that each phase contains all of the features necessary to ensure the protection of natural resources and the health, safety and welfare of the users of the PUD and the occupants of the surrounding area. The Planning Commission may recommend and the Township Board may require that neighborhood amenities such as recreational facilities, walkways, and similar facilities be completed upon occupancy of a determined number or percentage of dwelling units or nonresidential uses.

(j)

Public hearing and final consideration of the PUD by Township Board.

(1)

The Township Board shall review the final PUD development plan and the recommendations submitted by the Planning Commission. The Township Board shall conduct a public hearing and provide notice as required by the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

(2)

Following the public hearing, the Township Board shall determine whether the final PUD development plan complies with the standards of Section 38-673(i) and with the conditions recommended by the Planning Commission; whether the PUD promotes the intent and purpose of this chapter; and whether the PUD will be consistent with the public health, safety, and welfare needs of the Township.

(3)

Upon a determination that a proposed project meets all such standards, conditions, and requirements, the Township Board shall approve the final PUD development plan and may impose reasonable conditions on approval as provided in Subsection (k) below.

(k)

Conditions of approval.

(1)

The Township Board may impose reasonable conditions upon any PUD approval. Such conditions may include those reasonably necessary to ensure that public services and facilities affected by a PUD will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

They shall be designed to protect natural resources; the health, safety, and welfare and the social and economic well-being of those who will use the PUD; residents, and landowners immediately adjacent to the PUD; and the community as a whole.

They shall be related to the valid exercise of the police power and the purposes which are affected by the PUD.

They shall be reasonably necessary to meet the intent and purpose of this chapter, be related to the standards established in this Chapter 38, Article III, Division 8, for the proposed PUD under consideration, and be necessary to ensure compliance with those standards.

(2)

The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual written consent of the Township Board and the property owner. The Township Board shall maintain a record of all conditions which are imposed.

Sec. 38-374 Planned unit developments subject to land division, subdivision, condominium and site condominium regulations.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Applications for planned unit developments proposed as land divisions or subdivisions shall be subject to the Park Township regulations for land divisions and subdivisions of Chapter 18, Land Divisions and Subdivisions.

(b)

Applications for planned unit developments proposed as condominiums shall be subject to the requirements of the State of Michigan Condominium Act, Act 59 of 1978, as amended.[1]

[1]

Editor's Note: See MCL § 559.101 et seq.

Sec. 38-375 Amendments to an approved PUD.

[Ord. No. ZO17-1, eff. 5-15-2016]

An approved final PUD development plan (and any conditions imposed upon final PUD approval) shall not be changed except upon the mutual written consent of the Township Board and the applicant as required by this section.

(1)

Minor amendments. A minor change may be approved by the Zoning Administrator, who shall notify the Planning Commission of the minor change and shall indicate that such change does not substantially change the basic design or alter the conditions required for the PUD. The following items shall be considered as minor changes:

Reduction of the size of any building and/or sign.

Movement of buildings and/or signs by no more than 10 feet.

Plantings approved in the landscape site plan may be replaced by similar types of landscaping.

Changes in floor plans which do not alter the character of the use.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

Changes required or requested by the Township for safety reasons.

Changes which will preserve the natural features of the site without changing the basic site layout.

Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Zoning Administrator to be not material or significant in relation to the entire site and which the Zoning Administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.

(2)

The Zoning Administrator may refer any decision regarding any proposed change to an approved PUD to the Planning Commission for review and approval regardless of whether the change may qualify as a minor change. In making a determination whether a proposed change is a minor change, or whether to refer a proposed change to the Planning Commission for approval, the Zoning Administrator may consult with the Chairperson of the Planning Commission.

(3)

If the Zoning Administrator determines that the requested modification to the approved PUD is not minor, resubmission to the Planning Commission for a formal amendment shall be required and shall be conducted in the same manner as an original application. Adding additional land to an approved PUD may not be deemed a minor change but will always require an amendment to the approved PUD.

Sec. 38-376 Performance guarantees.

[Ord. No. ZO17-1, eff. 5-15-2016]

The applicant may be required to provide a bond, letter of credit, escrow deposit, or other reasonable performance guarantees or assurances deemed satisfactory to the Township Board in the circumstances and as authorized by law. The amount and form of the performance guarantee shall be determined by the Township Board and may be based upon a recommendation from the Planning Commission.

Sec. 38-377 Time limitations on development.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Each PUD shall be under substantial construction within one year after the date of approval of the final PUD development plan and adoption by the Township Board of a PUD resolution that includes a report stating all conditions of approval of the PUD. If the requirement for substantial construction within one year is not met, following a review and recommendation of the Planning Commission, the Township Board may, in its discretion, grant an extension not exceeding one year, provided that the applicant submits reasonable evidence to the Township showing that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the PUD.

(b)

If the PUD has not been commenced within the above-stated period of time, or within any authorized extension thereof, any building permits issued for the PUD (or any part thereof) shall be of no further effect, and all approvals of the PUD shall be void.

(c)

If the PUD has been approved with more than one phase, and substantial construction on any phase has not commenced within one year from the period of completion of the preceding phase, or within any authorized extension thereof, following a review and recommendation of the Planning Commission, the Township Board may, in its discretion, grant an extension not exceeding one year, provided that the applicant submits reasonable evidence to the Township showing that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the phases of the PUD. If approval of any extensions for construction of phases of the PUD are denied, any building permits issued for the PUD (or any part thereof) shall be of no further effect, and all approvals of the PUD shall be void.

Sec. 38-378 Appeal or variance.

[Ord. No. ZO17-1, eff. 5-15-2016]

The Zoning Board of Appeals shall not have jurisdiction to accept appeals or to grant variances with respect to an approved PUD. Variances within a PUD that is within a subdivision shall be subject to the requirements of Chapter 18, Article II, Division 5, Section 18-151, of the Code of Ordinances.

Sec. 38-379 Existing approved PUDs.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Planned unit developments that were given either preliminary or final PUD development plan approval prior to May 22, 2017, shall be considered to be conforming uses and shall continue to be regulated by the approved preliminary or final PUD development plan and any conditions imposed for that particular PUD.

(b)

A minor change to a planned unit development that was given either preliminary or final PUD development plan approval prior to May 22, 2017, may be approved by the Zoning Administrator according to the requirements of Section 38-375. Any change that is not a minor change shall be resubmitted to the Township in the same manner as the original application and shall be subject to the requirements of Division 8 of Article III as of the effective date of May 22, 2017.

Sec. 38-422 Description and purpose.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

The C-1 Neighborhood Business District is for neighborhood convenience shopping, including retail businesses or service establishments that supply commodities or perform services that meet the daily needs of the neighborhood.

Sec. 38-423 Use regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-58, eff. 12-13-2007; Ord. No. 2018-1, eff. 3-23-2018]

Land, buildings or structures in the C-1 Neighborhood Business District may be used for the following purposes only:

(1)

Those nonresidential uses which are permitted in the residential zoning districts, subject, except as specifically provided otherwise in this chapter, to the same conditions, restrictions and requirements as are provided in the residential zoning districts.

(2)

Bakery goods store.

(3)

Banks, loan and/or finance offices.

(4)

Barbershop or beauty shop.

(5)

Book, stationery or gift store.

(6)

Candy store, soda foundation and/or ice cream store.

(7)

Clothes cleaning and/or laundry pickup station.

(8)

Clothing and dry goods store.

(9)

Delicatessen store.

(10)

Dress shop.

(11)

Drugstore.

(12)

Florist and gift shop without nursery.

(13)

Funeral home.

(14)

Grocery store and meat market.

(15)

Hardware store.

(16)

Household appliance store.

(17)

Jewelry store.

(18)

Nursery school and day nurseries.

(19)

Paint and wallpaper store.

(20)

Parking lots.

(21)

Photographer.

(22)

Radio and television store.

(23)

Restaurants and/or cafes without dancing, floor shows or drive-in service.

(24)

Laundromats.

(25)

Service stations, including minor auto repairs, if all repair work is conducted wholly within a completely enclosed building, when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the gas station;

The proposed location of the gas station;

The location of entrance drives and access to the gas station with respect to potential traffic congestion or hazards;

How well the gas station harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The need and necessity for the products and services of the gas station at the proposed location; and

The effect of the gas station on adjoining properties and the surrounding neighborhood.

(26)

Shoe repair shop.

(27)

Tailor and/or dressmaker.

(28)

Variety store, including notions and "5 and 10" stores.

(29)

Other similar retail business or service establishments when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

(30)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(31)

Offices for businesses that are consistent with a Neighborhood Business District.

(32)

Single-family dwelling units combined with nonresidential units in the same building, if the building conforms to Chapter 10, Buildings and Building Regulations.

(33)

Temporary local produce markets when approved by the Planning Commission in accordance with Section 38-520. An enclosed building is not required for this use, and the requirement for public water may be waived. Setback requirements are as described in Section 38-520.

[Added by Ord. No. 2023-01, eff. 4-15-2023]

Sec. 38-424 Required conditions.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

With the exception of automobile parking and off-street parking, all business, service or processing shall be conducted wholly within a completely enclosed building.

(b)

All uses permitted in the C-1 Neighborhood Business District shall be serviced with public water.

(c)

The Planning Commission shall approve a site plan for any permitted use in this zoning district, which is in accordance with the requirements of Article II, Division 3, of this chapter, before a building permit is issued.

(d)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

Sec. 38-425 Height regulation.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

No building or structure shall exceed 35 feet in height.

Sec. 38-426 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]

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

(1)

Front yard. Except as otherwise provided in Section 38-494, there shall be a front yard of not less than 75 feet.

(2)

Side yard.

Where the side of a lot in a C-1 Neighborhood Business Zoning District abuts upon the side of a lot in any R or AG Zoning District, each side yard shall be not less than 25 feet.

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

No side yard shall be required when directly abutting other commercial uses or land included in a C Zoning District.

(3)

Rear yard.

Where the rear of a lot in a C-1 Zoning District abuts any R Zoning District or AG Zoning District, there shall be a rear yard of not less than 25 feet; provided, however, that where a public alley separates the rear of a C-1 Zoning District lot from the side yard of a lot in any R Zoning District or AG Zoning District, the full width of the alley shall be considered as part of the rear yard in determining its depth. This shall apply to all structures and accessory buildings.

In all other cases, there shall be a rear yard of not less than 10 feet.

(4)

Screening and buffering. Side yards and rear yards adjoining any lot in an R or AG Zoning District shall be screened by a solid-wall or tight-board fence six feet in height or equivalent screening with vegetative plantings. A green space of not less than 15 feet deep shall be maintained along each public street and private road to act as a buffer.

(5)

Lot area. The minimum lot area shall be 1/2 acre; provided, however, that all private sewage disposal systems not connected to a public sewer must be approved by the Ottawa County Health Department. The minimum lot width shall be 125 feet.

Sec. 38-451 Description and purpose.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

The C-2 Resort Service District is for commercial uses that primarily serve tourists and seasonal residents.

Sec. 38-452 Use regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-58, eff. 12-13-2007; Ord. No. 2018-1, eff. 3-23-2018; Ord. No. 2023-01, eff. 4-15-2023; Ord. No. 2024-01, eff. 4-1-2024]

Land, buildings, or structures in the C-2 Resort Service District may be used for the following purposes only:

(1)

Amusement enterprises.

(2)

Bakery goods store.

(3)

Barbershop or beauty shop.

(4)

Book, stationery or gift store.

(5)

Campgrounds when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The proposed location for the campground;

The size, nature and character of the campground and any buildings or structures to be utilized with the campground;

The proximity of the campground to adjoining properties;

The parking facilities provided for the campground;

The location of entrances and access to the campground in terms of any traffic congestion or hazards which will be occasioned by the campground; and

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

(6)

Candy store, soda fountain, ice cream store.

(7)

Delicatessen store.

(8)

Drive-in car eating places when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The proposed location for the drive-in;

The size, nature and character of the buildings and structures to be utilized for the drive-in;

The proximity of the drive-in to adjoining properties;

The parking facilities provided for the drive-in;

The location of entrances and drives in terms of any traffic congestion or hazards which will be occasioned by the drive-in;

How well the drive-in harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The hours of drive-in operation and any potential disturbance or nuisance of the drive-in operation for adjoining properties and the surrounding neighborhood; and

The effect of the drive-in on adjoining properties and the surrounding neighborhood.

(9)

Drugstore.

(10)

Florist, gift and antique shop, but not including nursery.

(11)

Grocery store and meat market.

(12)

Hotels and motels.

(13)

Laundromats.

(14)

Liquor store, including beer and wine sales.

(15)

Lodge hall, private clubs, and banquet facilities.

(16)

Single-family, two-family, or multifamily dwellings combined with nonresidential units in the same building if the building conforms to Chapter 10, Buildings and Building Regulations; multifamily dwelling units that comply with Division 7 of this article (R-5 Low Density Multifamily Residence District) if the development is five acres or less.

(17)

Parking lots.

(18)

Photographer.

(19)

Resorts, if the development is four acres minimum.

(20)

Restaurants, cafes, cocktail lounges.

(21)

Service stations when authorized as a special use by the Planning Commission, including minor auto repairs, provided all repair work is conducted wholly within a completely enclosed building. In considering such authorization, the Planning Commission shall consider the same standards as are provided in Section 38-423(25).

(22)

Theater, except drive-in theater.

(23)

Marinas when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the marina;

The proposed location of the marina;

The location of entrances and drives leading to the marina with respect to potential traffic congestion or hazards;

The parking facilities to be provided for the marina;

The location and character of the storage areas and facilities to be provided by the marina for boats, cradles, and other boat accessories;

The facilities to be provided by the marina for the display of new and used boats for sale;

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

Any potential disturbance or nuisance from the marina operation for adjoining properties and the surrounding neighborhood; and

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

(24)

Other similar retail business, offices, or service establishments when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

(25)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(26)

Temporary local produce markets when approved by the Planning Commission in accordance with Section 38-520. The requirement for public water may be waived. Setback requirements are as described in Section 38-520.

(27)

Short-term rentals and tourist homes.

Sec. 38-453 Required conditions.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

A site plan for any permitted use in the C-2 Resort Service District, which is in accordance with the requirements of Article II, Division 3, of this chapter, shall be approved by the Planning Commission before a building permit is issued.

(b)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

(c)

All uses permitted in this zoning district shall be serviced with public water.

Sec. 38-454 Height regulation.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

No building or structure shall exceed 35 feet in height.

Sec. 38-455 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]

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

(1)

Front yard. Except as otherwise provided in Section 38-494, there shall be a front yard of not less than 75 feet.

(2)

Side yard.

Where the side of a lot in a C-2 Resort Service District abuts upon the side of a lot in any R or AG Zoning District, each side yard shall be not less than 25 feet.

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

No side yard shall be required when directly abutting other commercial uses or land included in a C Zoning District.

(3)

Rear yard.

Where the rear of a lot in a C-2 Zoning District abuts any R Zoning District or AG Zoning District, there shall be a rear yard of not less than 25 feet; provided, however, that where a public alley separates the rear of a C-2 Zoning District lot from the side yard of a lot in any R Zoning District or AG Zoning District, the full width of the alley shall be considered as part of the rear yard in determining its depth. This shall apply to all structures and accessory buildings.

In all other cases, there shall be a rear yard of not less than 10 feet.

(4)

(5)

Sec. 38-456 Hotel, motel, resort regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

Minimum unit size. No hotel, motel, or resort unit may be less than 250 square feet.

(b)

Density requirements.

(1)

A hotel, motel, or resort that is served by both public water and sewer shall comply with the following density requirements by meeting the minimum lot area established in the following table.

	Density for Facilities Served by Public Water and Sewer
	Unit Size Interior Dimensions (square feet)	Minimum Lot Area (square feet per unit)
	250	2,500
	400	3,500
	650	4,500

(2)

A hotel, motel, or resort that is not served by both public water and sewer shall comply with the following density requirements by meeting the minimum lot area established in the following table.

	Density for Facilities Not Served by Public Water and Sewer
	Unit Size Interior Dimensions (square feet)	Minimum Lot Area (square feet per unit)
	250	5,000
	400	7,000
	650	9,000

(c)

Kitchen regulations.

(1)

Any hotel, motel or resort unit that is between 250 square feet and 500 square feet in size may have a microwave and refrigerator installed within the unit, but shall have neither a kitchen sink nor a stove/oven.

(2)

Any hotel, motel or resort unit that is more than 500 square feet in size may have a kitchen. If a kitchen is installed in any hotel, motel or resort unit, there must be a designated eating area, a stove, a kitchen sink, and a refrigerator.

(d)

General requirements. All hotels, motels, and resorts shall have an on-site manager and shall provide housekeeping services.

Sec. 38-457 Description and purpose.

The Public Lands and Open Space District is designed to provide area and apply guidelines for buildings and facilities that are used to provide governmental or public services. This zoning district also provides for public park and recreational facilities, natural areas, trails, wetlands, and similar types of open space, through the following goals and objectives:

(1)

To acknowledge the publicly owned properties that presently exist within the Township as assets to the community intended to remain as such for future generations.

(2)

To immediately include any properties currently owned or acquired by Park Township that are used or authorized for public use and/or are reserved as open space or for public recreation.

(3)

To accommodate dedicated areas of open space.

(4)

To accommodate dedicated areas for government buildings and uses.

(5)

To accommodate dedicated areas for institutional uses.

(6)

To accommodate dedicated areas for recreational use.

(7)

To promote public land usage and development that are compatible with the preservation of natural amenities and open space areas.

Sec. 38-458 Use regulations.

Land, buildings, or structures in the Public Lands and Open Space District shall be used for the following purposes only:

(1)

Public conservation areas and structures for the development, protection, and conservation of open space, watersheds, water, soil, forests, and wildlife resources;

(2)

Noncommercial public recreational facilities, including parks, playgrounds, camps, centers, parkways, and other similar recreational facilities;

(3)

Public buildings and public service installations;

(4)

Public cemeteries;

(5)

Parking lots to serve a use provided for within the P District;

(6)

Wireless and broadcast communication facilities;

(7)

Accessory uses or structures, clearly incidental to any of the above permitted uses, and subject to Section 38-491; and

(8)

Other similar uses of a public or open space nature, when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

Sec. 38-459 Required conditions.

(a)

The Planning Commission may approve a site plan for any permitted use in this zoning district, which is in accordance with the requirements of Article II, Division 3, of this chapter, before a building permit is issued.

(b)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

Sec. 38-460 Height regulation.

No building or structure shall exceed 35 feet in height, except when authorized pursuant to Section 38-458(6) herein.

Sec. 38-461 Area regulations.

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

(1)

Front yard. No requirement, except when abutting a residential zoning district, in which case the front yard setback to the building or parking area shall be the required setback of the abutting residential zoning district.

(2)

Side yard. No requirement, except when abutting a residential zoning district, in which case the side yard setback to the building or parking area shall be 10 feet.

(3)

Rear yard. No requirement, except when abutting a residential zoning district, in which case the rear yard setback to the building or parking area shall be 10 feet.

(4)

Lot area. No requirement.

Park Township City Zoning Code

ARTICLE III

District Regulations

[Added by Ord. No. 2021-1, eff. 4-24-2021]

Sec. 38-155 Zone districts.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2018-3, eff. 8-26-2018; Ord. No. 2020-2, eff. 9-17-2020; Ord. No. 2021-02, eff. 8-4-2021]

The Township is hereby divided into the following zoning districts:

(1)

AG Agricultural and Permanent Open Space District.

(2)

R-1 Rural Estate Residence District.

(3)

R-2 Lakeshore Residence District.

(4)

R-3 Low Density Single-Family Residence District.

(5)

R-4 Medium Density Single- and Two-Family Residence District.

(6)

R-5 Low Density Multifamily Residence District.

(7)

C-1 Neighborhood Business District.

(8)

C-2 Resort Service District.

(9)

MP Macatawa Park Overlay District.

(10)

OB Ottawa Beach Overlay District.

(11)

LC Lake Court Overlay District.

(12)

EB Edgewood Beach Overlay District.

Sec. 38-156 Zoning Map.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-15, eff. 1-18-1983]

(1)

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

(2)

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

(3)

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

(4)

(5)

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

(6)

Sec. 38-157 Areas not included within a district.

[Ord. No. Z, eff. 2-7-1974]

In every case where land has not been included within a district on the Zoning Map, such land shall be in the AG Agricultural and Open Space District.

Sec. 38-183 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The AG Agricultural and Open Space District is intended for large tracts of land used for farming, animal husbandry, dairying, horticultural, or other agricultural activities.

Sec. 38-184 Use regulations.

Land, buildings or structures in the AG Agricultural and Open Space District may be used for the following purposes only:

(1)

(2)

Greenhouses, nurseries, orchards, vineyards, apiaries, chicken hatcheries, blueberry and poultry farms.

(3)

(4)

Single-family dwellings.

(5)

Publicly owned athletic grounds and parks.

(6)

Business signs.

(7)

Home occupations when authorized in accordance with Section 38-506.

(8)

Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section 38-505.

(9)

Kennels when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the kennel;

The proximity of the kennel to adjoining properties;

The possibility of noise or other disturbance for adjoining properties and the surrounding neighborhood on account of the operation of the kennel;

Potential traffic congestion on account of the kennel; and

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

(10)

The proposed location of the roadside stand;

The size, nature and character of the building and/or structure to be utilized for the roadside stand;

The type and kind of produce and goods to be sold at the roadside stand;

The proximity of the roadside stand to adjoining properties;

The time or season during which the roadside stand will operate;

The parking facilities provided for the roadside stand;

Any traffic congestion or hazards which would result from the roadside stand; and

The effect of the roadside stand on adjoining properties and the surrounding neighborhood.

(11)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(12)

(13)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

Sec. 38-185 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

Sec. 38-186 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet; provided, however, that there shall be a front yard of not less than 150 feet for all farm buildings and structures.

(2)

(3)

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

(4)

Sec. 38-187 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

Sec. 38-213 Description and purposes.

[Ord. No. Z, eff. 2-7-1974]

The R-1 Rural Estate District is intended for large rural residential estates and farming.

Sec. 38-214 Use regulations.

Land, buildings or structures in the R-1 Rural Estate District may be used for the following purposes only:

(1)

(2)

Greenhouses, nurseries, orchards, vineyards, or blueberry farms.

(3)

(4)

Single-family dwellings.

(5)

Home occupations when authorized in accordance with Section 38-506.

(6)

Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section 38-505.

(7)

Roadside stands when authorized as a special use. The same standards as are provided in Section 38-184(10) shall be considered.

(8)

Publicly owned athletic grounds and parks.

(9)

Business signs.

(10)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(11)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(12)

(13)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(14)

(15)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-215 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

Sec. 38-216 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-23, eff. 7-17-1989]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet; provided, however, that there shall be a front yard of not less than 150 feet for all farm buildings and structures.

(2)

(3)

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

(4)

Sec. 38-217 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-243 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-2 Lakeshore Residence District is intended for low density single-family residential uses and other seasonal residential uses along the Lake Michigan shoreline area in the Township.

Sec. 38-244 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-12, eff. 12-4-1980; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-2 Lakeshore Residence District may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

The necessity for such use for the surrounding neighborhood;

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

The size, nature and character of the proposed use;

Potential traffic congestion that might be occasioned by the intended use,

Parking facilities to be provided for the proposed use; and

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

(3)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(4)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(5)

Recreational or church camps with no travel trailers, when owned and operated by a governmental agency or by a nonprofit organization which has been determined by the United States Internal Revenue Service to be an organization tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or similar successor statute. A site plan for the recreational or church camp or any expansion or extension thereof, which is in accordance with the requirements of Article II, Division 3, of this chapter, shall be approved by the Planning Commission before a building permit is issued.

(6)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(7)

(8)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

Potential traffic that will be generated by the proposed bed-and-breakfast operations;

Available parking; and

(9)

Home occupations when authorized in accordance with Section 38-506.

Sec. 38-245 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-246 Area regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. ZO15, eff. 9-21-2015; Ord. No. 2026-03, eff. 5-1-2026]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. For residential buildings, no side yard shall be less than 10 feet. For all other buildings, no side yard shall be less than 10 feet.

(3)

(4)

Sec. 38-247 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

Each dwelling unit shall have a minimum of 1,000 square feet of usable floor area; provided, however, that all single-family dwellings with more than one floor level shall meet the following requirements; 1,100 square feet of usable floor area for a 1 1/2-story dwelling, 1,000 square feet of usable floor area in the main and upper level floors of a tri-level dwelling, and 1,400 square feet of usable floor area for a two-story dwelling.

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in Subsection (a) of this section, on lots of record as of February 13, 1986 of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-248 Description and purpose.

(a)

The LC Lake Court Overlay District is designed to promote the health, safety, and welfare of the Township through the following goals and objectives:

(1)

Limit site improvements to blend with the existing topographic character of the earth.

(2)

Allow for the modernization of existing single-family dwellings.

(3)

Maintain a stable single-family neighborhood on Lake Court.

Sec. 38-249 Use regulations.

(a)

(b)

Sec. 38-250 Height regulations.

Sec. 38-251 Area regulations.

[Amended by Ord. No. 2026-03, eff. 5-1-2026]

(a)

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

(1)

Front yard. No front yard shall be less than 15 feet.

(2)

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

(3)

Sec. 38-252 Lots within the district.

70-15-09-148-010	70-15-09-148-030	70-15-09-148-031	70-15-09-148-013	70-15-09-148-032
70-15-09-148-019	70-15-09-148-011	70-15-09-184-009	70-15-09-184-005	70-15-09-184-010
70-15-09-184-036	70-15-09-148-012	70-15-09-184-002	70-15-09-184-001	70-15-09-148-018
70-15-09-184-035	70-15-09-184-003	70-15-09-184-006	70-15-09-184-032	70-15-09-148-014

Sec. 38-260 Description and purpose.

(a)

The EB Edgewood Beach Overlay District is designed to promote the health, safety, and welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Limit site improvements to blend with the existing topographic character of the earth.

(3)

Allow for the modernization of existing single-family dwellings.

(4)

Maintain a stable single-family neighborhood within Edgewood Beach.

Sec. 38-261 Use regulations.

(a)

(b)

Sec. 38-262 Area regulations.

[Amended by Ord. No. 2026-03, eff. 5-1-2026]

(a)

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

(1)

Front yard. No front yard shall be less than 35 feet.

(2)

Sec. 38-263 Preexisting principal building and reconstruction.

Sec. 38-264 Lots within the district.

70-15-09-348-036	70-15-09-384-027	70-15-09-385-012	70-15-09-384-019	70-15-09-348-031
70-15-09-385-036	70-15-09-385-007	70-15-09-384-001	70-15-09-384-022	70-15-09-384-025
70-15-09-385-035	70-15-09-384-029	70-15-09-385-013	70-15-09-348-030	70-15-09-348-033
70-15-09-384-012	70-15-09-385-037	70-15-09-384-031	70-15-09-385-005	70-15-09-348-032
70-15-09-384-011	70-15-09-348-037	70-15-09-385-004	70-15-09-348-022	70-15-09-384-023
70-15-09-385-033	70-15-09-384-030	70-15-09-385-034	70-15-09-348-021	70-15-09-348-040
70-15-09-385-002	70-15-09-348-043	70-15-09-384-013	70-15-09-385-006	70-15-09-384-014
70-15-09-384-028	70-15-09-348-018	70-15-09-385-003

Sec. 38-273 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-3 Low Density Single-Family Residence District is intended for low density single-family residential uses together with required recreational, religious and educational facilities.

Sec. 38-274 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-3 Low Density Single-Family Residence District may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(3)

Parks, playgrounds, community centers, governmental, administration, or service buildings which are owned and operated by a governmental agency or a noncommercial organization when authorized as a special use by the Planning Commission utilizing the same standards as are provided in Section 38-244(2).

(4)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(5)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(6)

(7)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(8)

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(9)

Home occupations when authorized in accordance with Section 38-506.

Sec. 38-275 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-276 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. No side yard shall be less than 10 feet.

(3)

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

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

Sec. 38-277 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-303 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-4 Medium Density Single- and Two-Family Residence District is intended for medium density single- and two-family uses.

Sec. 38-304 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-4 Medium Density Single- and Two-Family Residence District may be used for the following purposes only:

(1)

(2)

Two-family dwelling.

(3)

Home occupations when authorized in accordance with Section 38-506.

(4)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-305 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-306 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. There shall be total side yards of not less than 20 feet; provided, however, that no yard shall be less than seven feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; provided, however, that in the case of lakefront lots, the rear yard shall be not less than 50 feet.

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

(5)

Sec. 38-307 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-320 Description and purpose.

(a)

The MP Macatawa Park Overlay District is designed to promote the health, safety, and general welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Improve access on roads by lessening congestion.

(3)

Provide for the safe movement of pedestrian and vehicular traffic.

(4)

Protect woodlands, dune areas, and areas adjacent to Lake Macatawa and Lake Michigan, and other environmentally sensitive areas from overdevelopment.

(5)

Limit site improvements to blend with the existing topographic character of the earth.

(6)

Allow for the modernization of existing single-family and two-family dwellings.

(7)

Maintain stable single-family and two-family neighborhoods within Macatawa Park.

Sec. 38-321 Use regulations.

(a)

(b)

(c)

Permitted and special uses within the Macatawa Park Overlay District shall be regulated in the underlying zoning district subject to the following additional provisions:

(1)

Improved lot. A lot containing a single-family dwelling or a two-family dwelling shall comply with the following:

(2)

Unimproved lot. A lot vacant of a principal building, accessory structure or combination thereof shall comply with the following:

New construction. No new principal building shall be constructed on an unimproved or vacant lot unless the lot meets the minimum lot area and the minimum lot width of the underlying zoning district.

Front yard averaging. The required front yard of the principal building may be reduced to 75% of the average depth of at least three front yards of existing principal buildings on lots within 300 feet of the lot in question and within the same block and within the same underlying zoning district; provided, however, if there are fewer than three such principal buildings within 300 feet of the lot in question, then the distance 300-foot distance shall be extended to the distance necessary to utilize a minimum of three such principal buildings for the purpose of determining the average depth, as established by a licensed surveyor or the Zoning Administrator.

Automatic fire extinguishing system. Pursuant to Section 901.4.4 of the International Fire Code, as amended, because special hazards exist in addition to the normal hazards of occupancy, and access for fire apparatus is unduly difficult, the Park Township Fire Chief may require an automatic fire extinguishing system be installed within the entirety of any new single-family dwelling or two-family dwelling.

Sec. 38-322 Lots within the district.

70-15-33-379-004	70-15-33-382-014	70-15-33-384-001	70-15-33-388-030	70-15-33-393-004
70-15-33-380-001	70-15-33-382-015	70-15-33-384-002	70-15-33-388-031	70-15-33-393-005
70-15-33-380-002	70-15-33-382-018	70-15-33-384-003	70-15-33-388-032	70-15-33-393-006
70-15-33-380-003	70-15-33-382-021	70-15-33-384-004	70-15-33-388-037	70-15-33-394-002
70-15-33-380-004	70-15-33-382-022	70-15-33-384-010	70-15-33-388-038	70-15-33-394-003
70-15-33-380-005	70-15-33-382-023	70-15-33-384-011	70-15-33-388-039	70-15-33-394-004
70-15-33-380-006	70-15-33-382-024	70-15-33-384-012	70-15-33-388-040	70-15-33-394-006
70-15-33-380-007	70-15-33-382-026	70-15-33-384-013	70-15-33-388-041	70-15-33-394-007
70-15-33-380-014	70-15-33-382-029	70-15-33-384-014	70-15-33-388-043	70-15-33-394-008
70-15-33-380-015	70-15-33-382-030	70-15-33-384-015	70-15-33-388-045	70-15-33-394-009
70-15-33-380-017	70-15-33-382-031	70-15-33-385-002	70-15-33-388-046	70-15-33-394-010
70-15-33-380-018	70-15-33-382-032	70-15-33-385-003	70-15-33-388-047	70-15-33-394-011
70-15-33-380-019	70-15-33-382-033	70-15-33-385-008	70-15-33-388-048	70-15-33-394-012
70-15-33-380-020	70-15-33-382-034	70-15-33-385-009	70-15-33-389-001	70-15-33-394-013
70-15-33-380-021	70-15-33-382-035	70-15-33-385-010	70-15-33-389-004	70-15-33-394-015
70-15-33-380-024	70-15-33-382-041	70-15-33-386-001	70-15-33-389-005	70-15-33-394-016
70-15-33-380-026	70-15-33-382-045	70-15-33-386-002	70-15-33-389-009	70-15-33-394-017
70-15-33-380-027	70-15-33-382-046	70-15-33-386-003	70-15-33-389-010	70-15-33-394-018
70-15-33-380-032	70-15-33-382-047	70-15-33-386-004	70-15-33-389-011	70-15-33-394-019
70-15-33-380-033	70-15-33-382-049	70-15-33-386-007	70-15-33-389-012	70-15-33-394-020
70-15-33-380-034	70-15-33-382-052	70-15-33-386-008	70-15-33-389-013	70-15-33-394-021
70-15-33-380-035	70-15-33-382-053	70-15-33-386-014	70-15-33-389-015	70-15-33-394-023
70-15-33-381-001	70-15-33-382-054	70-15-33-387-004	70-15-33-389-016	70-15-33-394-024
70-15-33-381-002	70-15-33-382-055	70-15-33-387-009	70-15-33-390-001	70-15-33-394-025
70-15-33-381-003	70-15-33-382-057	70-15-33-387-021	70-15-33-390-003	70-15-33-460-006
70-15-33-381-004	70-15-33-382-058	70-15-33-387-027	70-15-33-390-004	70-15-33-461-001
70-15-33-381-005	70-15-33-382-059	70-15-33-387-028	70-15-33-390-007	70-15-33-461-010
70-15-33-381-007	70-15-33-382-060	70-15-33-388-001	70-15-33-392-002	70-15-33-461-011
70-15-33-381-008	70-15-33-382-061	70-15-33-388-002	70-15-33-392-004	70-15-33-461-015
70-15-33-381-009	70-15-33-382-062	70-15-33-388-003	70-15-33-392-005	70-15-33-461-016
70-15-33-381-011	70-15-33-382-063	70-15-33-388-006	70-15-33-392-007
70-15-33-382-002	70-15-33-383-003	70-15-33-388-007	70-15-33-393-001
70-15-33-382-003	70-15-33-383-006	70-15-33-388-008	70-15-33-393-002
70-15-33-382-009	70-15-33-383-008	70-15-33-388-024	70-15-33-393-003

Sec. 38-323 Description and purpose.

The OB Ottawa Beach Overlay District is designed to promote the health, safety, and general welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Improve access on roads by lessening congestion.

(3)

Provide for the safe movement of pedestrian and vehicular traffic.

(4)

Prohibit the expansion of commercial uses to protect and promote the historic residential character and lessen the congestion of streets and pedestrian pathways.

(5)

Protect woodlands, dune areas, and areas adjacent to Lake Macatawa and Lake Michigan, and other environmentally sensitive areas from overdevelopment.

(6)

Limit site improvements to blend with the existing topographic character of the earth.

(7)

Allow for the modernization of existing single-family and two-family dwellings.

(8)

Maintain stable single-family and two-family neighborhoods within Ottawa Beach.

Sec. 38-324 Use regulations.

(a)

(b)

(c)

Permitted and special uses within the Ottawa Beach Overlay District shall be regulated in the underlying zoning district subject to the following additional provisions:

(1)

Improved Lot. A Lot containing a single-family dwelling or a two-family dwelling shall comply with the following:

The effect and impact of such change on neighboring parcels and whether such change can be conducted in a manner harmonious with the neighboring uses of property.

Whether the change activities comply with all applicable federal, state, county and local laws, ordinances, rules, regulations, permits and requirements.

(2)

Unimproved Lot. A lot vacant of a principal building, accessory structure or combination thereof shall comply with the following:

New Construction. No new principal building shall be constructed on an unimproved or vacant lot unless the lot meets the minimum lot area and the minimum lot width of the underlying zoning district.

The effect and impact of such change on neighboring parcels and whether such change can be conducted in a manner harmonious with the neighboring uses of property.

Whether the change activities comply with all applicable federal, state, county and local laws, ordinances, rules, regulations, permits and requirements.

(d)

Recreational fires. All recreational fires shall be prohibited except for not more than one recreational fire on a lot, which complies with following:

(1)

(2)

Located no less than 20 feet from tree branches and overhead wires.

(3)

(4)

No greater than three feet in diameter and two feet in height.

(5)

Contains a fire grate as defined by this chapter.

(6)

(7)

(8)

Wind speeds shall be of 10 miles per hour or less when a fire is present. Any fire that is present in wind speeds greater than 10 miles per hour shall be immediately extinguished.

(9)

Any fire shall be extinguished prior to midnight or when directed by the Park Township Fire Department or their designee.

(10)

Any fire shall be attended by a competent person of 18 years or older until fully extinguished.

(11)

Recreational fires are prohibited on an unimproved lot.

(12)

All recreational fire locations shall be subject to approval by the Park Township Fire Department.

Sec. 38-325 Lots within the district.

70-15-33-275-011	70-15-33-296-020	70-15-33-298-008	70-15-33-179-017	70-15-33-180-003
70-15-33-298-005	70-15-33-177-005	70-15-33-330-007	70-15-33-290-017	70-15-33-290-025
70-15-33-296-015	70-15-33-180-009	70-15-33-179-013	70-15-33-298-006	70-15-33-425-003
70-15-33-201-013	70-15-33-275-023	70-15-33-290-005	70-15-33-290-027	70-15-33-283-001
70-15-33-275-006	70-15-33-273-005	70-15-33-296-011	70-15-33-290-014	70-15-33-179-020
70-15-33-290-030	70-15-33-296-012	70-15-33-291-003	70-15-33-177-011	70-15-33-424-001
70-15-33-290-033	70-15-33-290-023	70-15-33-275-014	70-15-33-291-004	70-15-33-274-009
70-15-33-180-006	70-15-33-275-022	70-15-33-279-005	70-15-33-298-001	70-15-33-290-020
70-15-33-290-010	70-15-33-146-024	70-15-33-283-007	70-15-33-177-012	70-15-33-291-006
70-15-33-275-011	70-15-33-425-006	70-15-33-274-021	70-15-33-425-002	70-15-33-295-005
70-15-33-290-008	70-15-33-283-010	70-15-33-296-002	70-15-33-285-010	70-15-33-290-012
70-15-33-290-013	70-15-33-296-001	70-15-33-146-025	70-15-33-290-001	70-15-33-272-001
70-15-33-290-018	70-15-33-281-013	70-15-33-290-006	70-15-33-272-005	70-15-33-279-003
70-15-33-181-003	70-15-33-201-006	70-15-33-181-004	70-15-33-272-009	70-15-33-284-007
70-15-33-275-017	70-15-33-279-001	70-15-33-179-016	70-15-33-179-012	70-15-33-330-003
70-15-33-179-014	70-15-33-281-004	70-15-33-425-008	70-15-33-201-004	70-15-33-426-001
70-15-33-179-004	70-15-33-179-018	70-15-33-180-008	70-15-33-177-004	70-15-33-424-003
70-15-33-295-006	70-15-33-428-001	70-15-33-275-005	70-15-33-296-004	70-15-33-272-003
70-15-33-281-002	70-15-33-146-006	70-15-33-275-009	70-15-33-297-001	70-15-33-296-010
70-15-33-283-011	70-15-33-296-006	70-15-33-274-008	70-15-33-274-005	70-15-33-428-002
70-15-33-298-003	70-15-33-179-005	70-15-33-281-012	70-15-33-274-014	70-15-33-201-005
70-15-33-283-008	70-15-33-290-007	70-15-33-298-002	70-15-33-284-014	70-15-33-296-003
70-15-33-275-026	70-15-33-295-009	70-15-33-274-015	70-15-33-290-003	70-15-33-296-019
70-15-33-290-024	70-15-33-275-021	70-15-33-291-008	70-15-33-291-007	70-15-33-330-001
70-15-33-295-004	70-15-33-283-005	70-15-33-272-002	70-15-33-296-013	70-15-33-275-007
70-15-33-180-010	70-15-33-275-012	70-15-33-290-022	70-15-33-283-012	70-15-33-284-010
70-15-33-281-011	70-15-33-291-001	70-15-33-177-009	70-15-33-275-015	70-15-33-274-006
70-15-33-179-006	70-15-33-177-010	70-15-33-179-024	70-15-33-274-012	70-15-33-284-006
70-15-33-275-020	70-15-33-181-002	70-15-33-283-015	70-15-33-180-002	70-15-33-275-028
70-15-33-296-007	70-15-33-290-034	70-15-33-180-005	70-15-33-275-019	70-15-33-295-002
70-15-33-275-024	70-15-33-274-019	70-15-33-275-025	70-15-33-291-009	70-15-33-296-014
70-15-33-274-023	70-15-33-275-013	70-15-33-290-029	70-15-33-330-006
70-15-33-290-026	70-15-33-201-012	70-15-33-290-032	70-15-33-281-015
70-15-33-284-008	70-15-33-283-014	70-15-33-295-001	70-15-33-296-005
70-15-33-290-002	70-15-33-281-017	70-15-33-274-013	70-15-33-296-016
70-15-33-296-018	70-15-33-290-015	70-15-33-297-002	70-15-33-298-009
70-15-33-281-018	70-15-33-290-011	70-15-33-275-018	70-15-33-290-019
70-15-33-424-002	70-15-33-291-002	70-15-33-290-009	70-15-33-330-004
70-15-33-428-003	70-15-33-298-010	70-15-33-179-025	70-15-33-272-004
70-15-33-285-009	70-15-33-275-016	70-15-33-180-001	70-15-33-290-021
70-15-33-290-031	70-15-33-279-004	70-15-33-296-009	70-15-33-275-027
70-15-33-275-010	70-15-33-275-003	70-15-33-296-008	70-15-33-274-018
70-15-33-180-004	70-15-33-274-007	70-15-33-274-022	70-15-33-283-002
70-15-33-290-016	70-15-33-181-001	70-15-33-281-014	70-15-33-275-008
70-15-33-290-035	70-15-33-201-011	70-15-33-180-011	70-15-33-180-007
70-15-33-298-007	70-15-33-298-004	70-15-33-296-017	70-15-33-283-009
70-15-33-290-028	70-15-33-201-003	70-15-33-425-001	70-15-33-295-003
70-15-33-425-007	70-15-33-272-008	70-15-33-179-007	70-15-33-279-002
70-15-33-290-004	70-15-33-146-007	70-15-33-281-005	70-15-33-284-009
70-15-33-179-015	70-15-33-291-005	70-15-33-275-004	70-15-33-281-003
70-15-33-295-008	70-15-33-284-013	70-15-33-295-007	70-15-33-271-003

Sec. 38-333 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-5 Low Density Multifamily Residence District is intended for low density residential and group housing.

Sec. 38-334 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-5 Low Density Multifamily Residence District may be used for the following purposes only:

(1)

(2)

Multifamily dwellings provided they are served by public water.

(3)

Home occupations when authorized in accordance with Section 38-506.

(4)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-335 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-336 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

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

For single- and two-family dwellings, the total side yards shall be not less than 20 feet; provided, however, that no side yard shall be less than seven feet.

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

(3)

Rear yard. There shall be a rear yard of not less than 25 feet provided, however, that in the case of lakefront lots, the rear yard shall be not less than 50 feet.

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

(5)

(6)

Sec. 38-337 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-363 Description and purpose.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Through proper design and review, each PUD should substantially meet the following objectives:

(1)

To allow a mix of uses, structures, facilities, housing types and open space that is compatible with existing and planned uses on nearby properties.

(2)

(3)

To provide for the regulation of lawful and reasonable land uses not otherwise authorized within this chapter.

(4)

To provide for single- or mixed-use developments which respect the goals and objectives of this chapter and the Park Township Master Plan.

(5)

To encourage the provision of open space and the development of recreational and other support facilities in generally central locations or within a reasonable distance of all dwellings or uses.

(6)

To implement the vision of the Park Township Master Plan in order to provide a high standard of quality of life, varied housing options, and richness of natural assets.

Sec. 38-364 Authorization and permitted uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

The Township Board may approve a PUD in any location within Park Township, provided the property meets the qualifying conditions set forth in Section 38-365.

(b)

(c)

Private roads are allowed in a PUD subject to the requirements of Section 38-512 herein.

Sec. 38-365 Qualifying conditions.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Sec. 38-366 Development requirements for all uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(1)

Number, location, size, and type of dwelling units.

(2)

Type, location, and amount of nonresidential uses proposed.

(3)

Proximity and impact of the PUD on adjacent existing and future land uses.

(4)

Preservation of existing vegetation or other natural features on site.

(5)

Topography of the site.

(6)

Provision of public and/or community water, sanitary sewer and storm sewer or approval of the Ottawa County Health Department for on-site well and septic systems.

(7)

Access for emergency vehicles to all buildings and areas.

(8)

Provisions for pedestrian circulation, recreational amenities, and open space.

(9)

Traffic circulation and safety.

Sec. 38-367 Development requirements for PUDs with residential uses.

[Ord. No. ZO17-1, eff. 5-15-2016; amended by Ord. No. 2020-001, eff. 1-27-2020]

For planned unit developments which will devote all or a portion of the site to residential use, the following requirements shall apply, in addition to the requirements of Section 38-366:

(1)

(2)

Formula to determine number of dwellings on net buildable acreage. The number of dwellings which may be constructed within a PUD shall be determined as follows:

Determine gross site acreage. The gross site acreage may include the public road rights-of-way to which the site abuts only if the legal description for the land includes the road rights-of-way.

Subtract all the areas of existing wetlands, creeks, streams, ponds, lakes, or other water bodies, floodplains, critical dunes, and slopes of 20% or greater.

Subtract acreage proposed to be devoted to nonresidential uses, except those areas proposed for, but not limited to, parks, playgrounds, and dedicated open space, which shall not be subtracted.

The number of acres remaining shall be the net buildable acreage.

Multiply the net buildable acreage by the number of dwelling units per acre that results using the minimum residential lot size required by the current zoning district.

(3)

Additional landscaping to preserve or enhance the views along the roadway.

Provision of additional unique dedicated open space or mature stands of trees which would be of recognizable benefit to Township residents and residents of the PUD.

Provision of a public or private community water and/or sanitary sewer system.

(4)

Mixed-use developments.

Sec. 38-368 Dedicated open space requirements.

[Ord. No. ZO17-1, eff. 5-15-2016; amended by Ord. No. 2020-001, eff. 1-27-2020]

(a)

(1)

For land zoned AG, a minimum of 40% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(2)

For land zoned R-1, R-2 or R-3, a minimum of 20% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(3)

(4)

For land zoned R-4 or R-5 and proposed for manufactured housing community, the regulations of Article IX of this chapter regarding minimum dedicated open space shall apply.

(b)

Areas not considered dedicated open space. The following land areas shall not be considered, allowed, or approved as dedicated open space for the purposes of this section:

(1)

The area within any public or private road easement or right-of-way or within streets, alleys, drives, or similar improvements pursuant to Section 38-367(2)d.2 of this chapter.

(2)

Any easement for overhead utility lines, unless adjacent to qualified dedicated open space.

(3)

Only 50% of the area of any existing floodplain, streams, wetlands, lakes, ponds, and slopes which are 20% or greater shall be counted as dedicated open space.

(4)

The area within a platted lot or site condominium lot.

(5)

The area of required setbacks or required distances between buildings.

(6)

(7)

Community drain fields if such areas are not completely underground.

(8)

Any area devoted to a golf course.

(9)

Landscaping buffers and greenbelts as required by ordinance.

Sec. 38-369 Standards for dedicated open space.

[Ord. No. ZO17-1, eff. 5-15-2016]

The following standards shall apply to the dedicated open space provided in a PUD:

(1)

(2)

(3)

(4)

Dedicated open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths where practicable.

(5)

Grading in the dedicated open space shall be minimal, with the intent to preserve existing topography where practicable.

(6)

(7)

The dedicated open space shall be available and usable for all residents of the PUD, subject to reasonable rules. Safe and convenient pedestrian access to the dedicated open space shall be provided.

(8)

(9)

The noncontiguous dedicated open space is located such that residents of the PUD can reasonably access and use the noncontiguous dedicated open space.

The noncontiguous dedicated open space will be open to use by the residents of the PUD and the general public.

Sec. 38-370 Dedicated open space for nonresidential uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(1)

Dedicated open space areas shall be arranged and designed to contribute to the attractiveness and function of the PUD and shall, insofar as reasonably possible, be interspersed throughout the site.

(2)

Sec. 38-371 Guarantee and maintenance of dedicated open space.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

(c)

The agreement shall:

(1)

Indicate the permitted use(s) of the dedicated open space.

(2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the dedicated open space.

(3)

Provide for scheduled maintenance of the dedicated open space, including necessary pruning, mowing, replacement of dead or diseased vegetation, and harvesting of trees and new plantings.

(4)

Provide for scheduled maintenance of any structures or facilities located within the dedicated open space, including trails.

(5)

Sec. 38-372 Public and private street connections to adjacent property.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(1)

(2)

The road extension would not result in future traffic from off site creating unsafe situations for the residents of the project proposed by the applicant.

(b)

Sec. 38-373 Procedures.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Preapplication conference and presentation.

(1)

(2)

The applicant shall provide a conceptual drawing or other information about the development of the property.

(3)

(4)

No formal action may be taken at a preapplication conference, nor will any statements made at the preapplication conference be legally binding commitments.

(5)

(b)

(1)

The applicant's name, address, and phone number.

(2)

Proof that the applicant is the owner of the property or has a sufficient legal or financial interest in the property.

(3)

The name, address and phone number of the owner(s) of record if different than the applicant.

(4)

The address of the property.

(5)

Legal description of the property.

(6)

Current zoning of the property.

(7)

Project description.

(8)

Size of the property in acres, and any information deemed necessary by the Planning Commission to determine gross site acreage and net buildable acreage.

(9)

Signature of the applicant and owner of the property.

(10)

A narrative describing:

The objectives of the PUD and how it relates to the intent of the PUD District as described in Section 38-363.

The relationship of the PUD to the Park Township Master Plan.

Phases of development and approximate time frame for each phase.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD.

Anticipated start and completion of construction.

Location, type, and size of areas to be dedicated open space.

All proposed modifications from the zoning regulations which would otherwise be applicable to the uses and structures of the current zoning of the property in the absence of a PUD.

(c)

(1)

(2)

(3)

Significant cultural amenities, such as historic sites or structures, fence rows of trees, specimen trees, or other culturally significant features.

(4)

(5)

All driveways opposite the site.

(d)

Environmental impact assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final PUD development plan.

(e)

(f)

Final PUD development plan.

(1)

(2)

Projected time for completion of the entire PUD, proposed phasing, if any, of the PUD, and the projected time for completion of each phase.

(g)

(h)

[1]

Editor's Note: See MCL § 125.3101 et seq.

(i)

(1)

The PUD will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

(3)

The PUD will be generally compatible with the Master Plan and consistent with the intent and objectives of this Chapter 38, Article III, Division 8, and this chapter.

(4)

The PUD will not result in significant adverse effects upon nearby or adjacent lands and will be generally compatible with the character of the surrounding area.

(5)

The PUD will protect all floodplains and wetlands from filling, except as approved for essential services or recreation amenities.

(6)

The PUD will preserve and maintain mature woodlands, fields, pastures, and meadows and create sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(7)

The PUD will leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public road rights-of-way, insofar as practicable.

(8)

The PUD will protect the rural roadside character where desirable.

(9)

Pedestrian walkways may be provided so that pedestrians can walk safely and easily throughout the site.

(10)

The individual lots, buildings, roadways, and open space areas are designed to minimize the alteration of natural and environmental site features.

(11)

The PUD will be adequately served by public utilities and services such as police and fire protection or public or on-site community water or sanitary sewer.

(12)

The PUD shall be in compliance with all applicable federal, state, county, and Township laws, ordinances, and regulations.

(13)

(j)

Public hearing and final consideration of the PUD by Township Board.

(1)

(2)

(3)

(k)

Conditions of approval.

(1)

They shall be related to the valid exercise of the police power and the purposes which are affected by the PUD.

(2)

Sec. 38-374 Planned unit developments subject to land division, subdivision, condominium and site condominium regulations.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Applications for planned unit developments proposed as condominiums shall be subject to the requirements of the State of Michigan Condominium Act, Act 59 of 1978, as amended.[1]

[1]

Editor's Note: See MCL § 559.101 et seq.

Sec. 38-375 Amendments to an approved PUD.

[Ord. No. ZO17-1, eff. 5-15-2016]

(1)

Reduction of the size of any building and/or sign.

Movement of buildings and/or signs by no more than 10 feet.

Plantings approved in the landscape site plan may be replaced by similar types of landscaping.

Changes in floor plans which do not alter the character of the use.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

Changes required or requested by the Township for safety reasons.

Changes which will preserve the natural features of the site without changing the basic site layout.

(2)

(3)

Sec. 38-376 Performance guarantees.

[Ord. No. ZO17-1, eff. 5-15-2016]

Sec. 38-377 Time limitations on development.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

(c)

Sec. 38-378 Appeal or variance.

[Ord. No. ZO17-1, eff. 5-15-2016]

Sec. 38-379 Existing approved PUDs.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Sec. 38-422 Description and purpose.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

Sec. 38-423 Use regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-58, eff. 12-13-2007; Ord. No. 2018-1, eff. 3-23-2018]

Land, buildings or structures in the C-1 Neighborhood Business District may be used for the following purposes only:

(1)

(2)

Bakery goods store.

(3)

Banks, loan and/or finance offices.

(4)

Barbershop or beauty shop.

(5)

Book, stationery or gift store.

(6)

Candy store, soda foundation and/or ice cream store.

(7)

Clothes cleaning and/or laundry pickup station.

(8)

Clothing and dry goods store.

(9)

Delicatessen store.

(10)

Dress shop.

(11)

Drugstore.

(12)

Florist and gift shop without nursery.

(13)

Funeral home.

(14)

Grocery store and meat market.

(15)

Hardware store.

(16)

Household appliance store.

(17)

Jewelry store.

(18)

Nursery school and day nurseries.

(19)

Paint and wallpaper store.

(20)

Parking lots.

(21)

Photographer.

(22)

Radio and television store.

(23)

Restaurants and/or cafes without dancing, floor shows or drive-in service.

(24)

Laundromats.

(25)

The size, nature and character of the gas station;

The proposed location of the gas station;

The location of entrance drives and access to the gas station with respect to potential traffic congestion or hazards;

How well the gas station harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The need and necessity for the products and services of the gas station at the proposed location; and

The effect of the gas station on adjoining properties and the surrounding neighborhood.

(26)

Shoe repair shop.

(27)

Tailor and/or dressmaker.

(28)

Variety store, including notions and "5 and 10" stores.

(29)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

(30)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(31)

Offices for businesses that are consistent with a Neighborhood Business District.

(32)

Single-family dwelling units combined with nonresidential units in the same building, if the building conforms to Chapter 10, Buildings and Building Regulations.

(33)

[Added by Ord. No. 2023-01, eff. 4-15-2023]

Sec. 38-424 Required conditions.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

With the exception of automobile parking and off-street parking, all business, service or processing shall be conducted wholly within a completely enclosed building.

(b)

All uses permitted in the C-1 Neighborhood Business District shall be serviced with public water.

(c)

(d)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

Sec. 38-425 Height regulation.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

No building or structure shall exceed 35 feet in height.

Sec. 38-426 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]

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

(1)

Front yard. Except as otherwise provided in Section 38-494, there shall be a front yard of not less than 75 feet.

(2)

Side yard.

Where the side of a lot in a C-1 Neighborhood Business Zoning District abuts upon the side of a lot in any R or AG Zoning District, each side yard shall be not less than 25 feet.

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

No side yard shall be required when directly abutting other commercial uses or land included in a C Zoning District.

(3)

Rear yard.

In all other cases, there shall be a rear yard of not less than 10 feet.

(4)

(5)

Sec. 38-451 Description and purpose.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

The C-2 Resort Service District is for commercial uses that primarily serve tourists and seasonal residents.

Sec. 38-452 Use regulations.

Land, buildings, or structures in the C-2 Resort Service District may be used for the following purposes only:

(1)

Amusement enterprises.

(2)

Bakery goods store.

(3)

Barbershop or beauty shop.

(4)

Book, stationery or gift store.

(5)

Campgrounds when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The proposed location for the campground;

The size, nature and character of the campground and any buildings or structures to be utilized with the campground;

The proximity of the campground to adjoining properties;

The parking facilities provided for the campground;

The location of entrances and access to the campground in terms of any traffic congestion or hazards which will be occasioned by the campground; and

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

(6)

Candy store, soda fountain, ice cream store.

(7)

Delicatessen store.

(8)

Drive-in car eating places when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The proposed location for the drive-in;

The size, nature and character of the buildings and structures to be utilized for the drive-in;

The proximity of the drive-in to adjoining properties;

The parking facilities provided for the drive-in;

The location of entrances and drives in terms of any traffic congestion or hazards which will be occasioned by the drive-in;

How well the drive-in harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The hours of drive-in operation and any potential disturbance or nuisance of the drive-in operation for adjoining properties and the surrounding neighborhood; and

The effect of the drive-in on adjoining properties and the surrounding neighborhood.

(9)

Drugstore.

(10)

Florist, gift and antique shop, but not including nursery.

(11)

Grocery store and meat market.

(12)

Hotels and motels.

(13)

Laundromats.

(14)

Liquor store, including beer and wine sales.

(15)

Lodge hall, private clubs, and banquet facilities.

(16)

(17)

Parking lots.

(18)

Photographer.

(19)

Resorts, if the development is four acres minimum.

(20)

Restaurants, cafes, cocktail lounges.

(21)

(22)

Theater, except drive-in theater.

(23)

Marinas when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the marina;

The proposed location of the marina;

The location of entrances and drives leading to the marina with respect to potential traffic congestion or hazards;

The parking facilities to be provided for the marina;

The location and character of the storage areas and facilities to be provided by the marina for boats, cradles, and other boat accessories;

The facilities to be provided by the marina for the display of new and used boats for sale;

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

Any potential disturbance or nuisance from the marina operation for adjoining properties and the surrounding neighborhood; and

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

(24)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

(25)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(26)

(27)

Short-term rentals and tourist homes.

Sec. 38-453 Required conditions.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

(b)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

(c)

All uses permitted in this zoning district shall be serviced with public water.

Sec. 38-454 Height regulation.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

No building or structure shall exceed 35 feet in height.

Sec. 38-455 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]

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

(1)

Front yard. Except as otherwise provided in Section 38-494, there shall be a front yard of not less than 75 feet.

(2)

Side yard.

Where the side of a lot in a C-2 Resort Service District abuts upon the side of a lot in any R or AG Zoning District, each side yard shall be not less than 25 feet.

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

No side yard shall be required when directly abutting other commercial uses or land included in a C Zoning District.

(3)

Rear yard.

In all other cases, there shall be a rear yard of not less than 10 feet.

(4)

(5)

Sec. 38-456 Hotel, motel, resort regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

Minimum unit size. No hotel, motel, or resort unit may be less than 250 square feet.

(b)

Density requirements.

(1)

A hotel, motel, or resort that is served by both public water and sewer shall comply with the following density requirements by meeting the minimum lot area established in the following table.

	Density for Facilities Served by Public Water and Sewer
	Unit Size Interior Dimensions (square feet)	Minimum Lot Area (square feet per unit)
	250	2,500
	400	3,500
	650	4,500

(2)

A hotel, motel, or resort that is not served by both public water and sewer shall comply with the following density requirements by meeting the minimum lot area established in the following table.

	Density for Facilities Not Served by Public Water and Sewer
	Unit Size Interior Dimensions (square feet)	Minimum Lot Area (square feet per unit)
	250	5,000
	400	7,000
	650	9,000

(c)

Kitchen regulations.

(1)

(2)

(d)

General requirements. All hotels, motels, and resorts shall have an on-site manager and shall provide housekeeping services.

Sec. 38-457 Description and purpose.

(1)

To acknowledge the publicly owned properties that presently exist within the Township as assets to the community intended to remain as such for future generations.

(2)

To immediately include any properties currently owned or acquired by Park Township that are used or authorized for public use and/or are reserved as open space or for public recreation.

(3)

To accommodate dedicated areas of open space.

(4)

To accommodate dedicated areas for government buildings and uses.

(5)

To accommodate dedicated areas for institutional uses.

(6)

To accommodate dedicated areas for recreational use.

(7)

To promote public land usage and development that are compatible with the preservation of natural amenities and open space areas.

Sec. 38-458 Use regulations.

Land, buildings, or structures in the Public Lands and Open Space District shall be used for the following purposes only:

(1)

Public conservation areas and structures for the development, protection, and conservation of open space, watersheds, water, soil, forests, and wildlife resources;

(2)

Noncommercial public recreational facilities, including parks, playgrounds, camps, centers, parkways, and other similar recreational facilities;

(3)

Public buildings and public service installations;

(4)

Public cemeteries;

(5)

Parking lots to serve a use provided for within the P District;

(6)

Wireless and broadcast communication facilities;

(7)

Accessory uses or structures, clearly incidental to any of the above permitted uses, and subject to Section 38-491; and

(8)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

Sec. 38-459 Required conditions.

(a)

(b)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

Sec. 38-460 Height regulation.

No building or structure shall exceed 35 feet in height, except when authorized pursuant to Section 38-458(6) herein.

Sec. 38-461 Area regulations.

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

(1)

(2)

Side yard. No requirement, except when abutting a residential zoning district, in which case the side yard setback to the building or parking area shall be 10 feet.

(3)

Rear yard. No requirement, except when abutting a residential zoning district, in which case the rear yard setback to the building or parking area shall be 10 feet.

(4)

Lot area. No requirement.

Park Township City Zoning Code

ARTICLE III

District Regulations

[Added by Ord. No. 2021-1, eff. 4-24-2021]

Sec. 38-155 Zone districts.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2018-3, eff. 8-26-2018; Ord. No. 2020-2, eff. 9-17-2020; Ord. No. 2021-02, eff. 8-4-2021]

The Township is hereby divided into the following zoning districts:

(1)

AG Agricultural and Permanent Open Space District.

(2)

R-1 Rural Estate Residence District.

(3)

R-2 Lakeshore Residence District.

(4)

R-3 Low Density Single-Family Residence District.

(5)

R-4 Medium Density Single- and Two-Family Residence District.

(6)

R-5 Low Density Multifamily Residence District.

(7)

C-1 Neighborhood Business District.

(8)

C-2 Resort Service District.

(9)

MP Macatawa Park Overlay District.

(10)

OB Ottawa Beach Overlay District.

(11)

LC Lake Court Overlay District.

(12)

EB Edgewood Beach Overlay District.

Sec. 38-156 Zoning Map.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-15, eff. 1-18-1983]

(1)

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

(2)

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

(3)

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

(4)

(5)

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

(6)

Sec. 38-157 Areas not included within a district.

[Ord. No. Z, eff. 2-7-1974]

In every case where land has not been included within a district on the Zoning Map, such land shall be in the AG Agricultural and Open Space District.

Sec. 38-183 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The AG Agricultural and Open Space District is intended for large tracts of land used for farming, animal husbandry, dairying, horticultural, or other agricultural activities.

Sec. 38-184 Use regulations.

Land, buildings or structures in the AG Agricultural and Open Space District may be used for the following purposes only:

(1)

(2)

Greenhouses, nurseries, orchards, vineyards, apiaries, chicken hatcheries, blueberry and poultry farms.

(3)

(4)

Single-family dwellings.

(5)

Publicly owned athletic grounds and parks.

(6)

Business signs.

(7)

Home occupations when authorized in accordance with Section 38-506.

(8)

Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section 38-505.

(9)

Kennels when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the kennel;

The proximity of the kennel to adjoining properties;

The possibility of noise or other disturbance for adjoining properties and the surrounding neighborhood on account of the operation of the kennel;

Potential traffic congestion on account of the kennel; and

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

(10)

The proposed location of the roadside stand;

The size, nature and character of the building and/or structure to be utilized for the roadside stand;

The type and kind of produce and goods to be sold at the roadside stand;

The proximity of the roadside stand to adjoining properties;

The time or season during which the roadside stand will operate;

The parking facilities provided for the roadside stand;

Any traffic congestion or hazards which would result from the roadside stand; and

The effect of the roadside stand on adjoining properties and the surrounding neighborhood.

(11)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(12)

(13)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

Sec. 38-185 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

Sec. 38-186 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet; provided, however, that there shall be a front yard of not less than 150 feet for all farm buildings and structures.

(2)

(3)

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

(4)

Sec. 38-187 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

Sec. 38-213 Description and purposes.

[Ord. No. Z, eff. 2-7-1974]

The R-1 Rural Estate District is intended for large rural residential estates and farming.

Sec. 38-214 Use regulations.

Land, buildings or structures in the R-1 Rural Estate District may be used for the following purposes only:

(1)

(2)

Greenhouses, nurseries, orchards, vineyards, or blueberry farms.

(3)

(4)

Single-family dwellings.

(5)

Home occupations when authorized in accordance with Section 38-506.

(6)

Removal and processing of topsoil, sand, gravel, or other such minerals when authorized by the Planning Commission in accordance with Section 38-505.

(7)

Roadside stands when authorized as a special use. The same standards as are provided in Section 38-184(10) shall be considered.

(8)

Publicly owned athletic grounds and parks.

(9)

Business signs.

(10)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(11)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(12)

(13)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(14)

(15)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-215 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No residential building or structure shall exceed 35 feet in height. All other buildings and structures shall not exceed their usual and customary heights.

Sec. 38-216 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-23, eff. 7-17-1989]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet; provided, however, that there shall be a front yard of not less than 150 feet for all farm buildings and structures.

(2)

(3)

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

(4)

Sec. 38-217 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-243 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-2 Lakeshore Residence District is intended for low density single-family residential uses and other seasonal residential uses along the Lake Michigan shoreline area in the Township.

Sec. 38-244 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-12, eff. 12-4-1980; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-2 Lakeshore Residence District may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

The necessity for such use for the surrounding neighborhood;

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

The size, nature and character of the proposed use;

Potential traffic congestion that might be occasioned by the intended use,

Parking facilities to be provided for the proposed use; and

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

(3)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(4)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(5)

Recreational or church camps with no travel trailers, when owned and operated by a governmental agency or by a nonprofit organization which has been determined by the United States Internal Revenue Service to be an organization tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or similar successor statute. A site plan for the recreational or church camp or any expansion or extension thereof, which is in accordance with the requirements of Article II, Division 3, of this chapter, shall be approved by the Planning Commission before a building permit is issued.

(6)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(7)

(8)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

Potential traffic that will be generated by the proposed bed-and-breakfast operations;

Available parking; and

(9)

Home occupations when authorized in accordance with Section 38-506.

Sec. 38-245 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-246 Area regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. ZO15, eff. 9-21-2015; Ord. No. 2026-03, eff. 5-1-2026]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. For residential buildings, no side yard shall be less than 10 feet. For all other buildings, no side yard shall be less than 10 feet.

(3)

(4)

Sec. 38-247 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

Each dwelling unit shall have a minimum of 1,000 square feet of usable floor area; provided, however, that all single-family dwellings with more than one floor level shall meet the following requirements; 1,100 square feet of usable floor area for a 1 1/2-story dwelling, 1,000 square feet of usable floor area in the main and upper level floors of a tri-level dwelling, and 1,400 square feet of usable floor area for a two-story dwelling.

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in Subsection (a) of this section, on lots of record as of February 13, 1986 of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-248 Description and purpose.

(a)

The LC Lake Court Overlay District is designed to promote the health, safety, and welfare of the Township through the following goals and objectives:

(1)

Limit site improvements to blend with the existing topographic character of the earth.

(2)

Allow for the modernization of existing single-family dwellings.

(3)

Maintain a stable single-family neighborhood on Lake Court.

Sec. 38-249 Use regulations.

(a)

(b)

Sec. 38-250 Height regulations.

Sec. 38-251 Area regulations.

[Amended by Ord. No. 2026-03, eff. 5-1-2026]

(a)

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

(1)

Front yard. No front yard shall be less than 15 feet.

(2)

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

(3)

Sec. 38-252 Lots within the district.

70-15-09-148-010	70-15-09-148-030	70-15-09-148-031	70-15-09-148-013	70-15-09-148-032
70-15-09-148-019	70-15-09-148-011	70-15-09-184-009	70-15-09-184-005	70-15-09-184-010
70-15-09-184-036	70-15-09-148-012	70-15-09-184-002	70-15-09-184-001	70-15-09-148-018
70-15-09-184-035	70-15-09-184-003	70-15-09-184-006	70-15-09-184-032	70-15-09-148-014

Sec. 38-260 Description and purpose.

(a)

The EB Edgewood Beach Overlay District is designed to promote the health, safety, and welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Limit site improvements to blend with the existing topographic character of the earth.

(3)

Allow for the modernization of existing single-family dwellings.

(4)

Maintain a stable single-family neighborhood within Edgewood Beach.

Sec. 38-261 Use regulations.

(a)

(b)

Sec. 38-262 Area regulations.

[Amended by Ord. No. 2026-03, eff. 5-1-2026]

(a)

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

(1)

Front yard. No front yard shall be less than 35 feet.

(2)

Sec. 38-263 Preexisting principal building and reconstruction.

Sec. 38-264 Lots within the district.

70-15-09-348-036	70-15-09-384-027	70-15-09-385-012	70-15-09-384-019	70-15-09-348-031
70-15-09-385-036	70-15-09-385-007	70-15-09-384-001	70-15-09-384-022	70-15-09-384-025
70-15-09-385-035	70-15-09-384-029	70-15-09-385-013	70-15-09-348-030	70-15-09-348-033
70-15-09-384-012	70-15-09-385-037	70-15-09-384-031	70-15-09-385-005	70-15-09-348-032
70-15-09-384-011	70-15-09-348-037	70-15-09-385-004	70-15-09-348-022	70-15-09-384-023
70-15-09-385-033	70-15-09-384-030	70-15-09-385-034	70-15-09-348-021	70-15-09-348-040
70-15-09-385-002	70-15-09-348-043	70-15-09-384-013	70-15-09-385-006	70-15-09-384-014
70-15-09-384-028	70-15-09-348-018	70-15-09-385-003

Sec. 38-273 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-3 Low Density Single-Family Residence District is intended for low density single-family residential uses together with required recreational, religious and educational facilities.

Sec. 38-274 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-3 Low Density Single-Family Residence District may be used for the following purposes only:

(1)

Single-family dwellings.

(2)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

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

(3)

Parks, playgrounds, community centers, governmental, administration, or service buildings which are owned and operated by a governmental agency or a noncommercial organization when authorized as a special use by the Planning Commission utilizing the same standards as are provided in Section 38-244(2).

(4)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(5)

The number of residents who are to occupy the proposed facility;

The effect of the proposed facility on the immediate surrounding neighborhood;

Potential traffic that will be generated by the proposed facility;

Available parking for employees, visitors and others;

The adequacy of the recreational areas and the open space areas provided for the proposed facility; and

The proximity of the proposed facility to any other adult foster care facility or nursing home.

(6)

(7)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(8)

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

(9)

Home occupations when authorized in accordance with Section 38-506.

Sec. 38-275 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-276 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. No side yard shall be less than 10 feet.

(3)

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

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

Sec. 38-277 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-303 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-4 Medium Density Single- and Two-Family Residence District is intended for medium density single- and two-family uses.

Sec. 38-304 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-4 Medium Density Single- and Two-Family Residence District may be used for the following purposes only:

(1)

(2)

Two-family dwelling.

(3)

Home occupations when authorized in accordance with Section 38-506.

(4)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-305 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-306 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. There shall be total side yards of not less than 20 feet; provided, however, that no yard shall be less than seven feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; provided, however, that in the case of lakefront lots, the rear yard shall be not less than 50 feet.

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

(5)

Sec. 38-307 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-320 Description and purpose.

(a)

The MP Macatawa Park Overlay District is designed to promote the health, safety, and general welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Improve access on roads by lessening congestion.

(3)

Provide for the safe movement of pedestrian and vehicular traffic.

(4)

Protect woodlands, dune areas, and areas adjacent to Lake Macatawa and Lake Michigan, and other environmentally sensitive areas from overdevelopment.

(5)

Limit site improvements to blend with the existing topographic character of the earth.

(6)

Allow for the modernization of existing single-family and two-family dwellings.

(7)

Maintain stable single-family and two-family neighborhoods within Macatawa Park.

Sec. 38-321 Use regulations.

(a)

(b)

(c)

Permitted and special uses within the Macatawa Park Overlay District shall be regulated in the underlying zoning district subject to the following additional provisions:

(1)

Improved lot. A lot containing a single-family dwelling or a two-family dwelling shall comply with the following:

(2)

Unimproved lot. A lot vacant of a principal building, accessory structure or combination thereof shall comply with the following:

New construction. No new principal building shall be constructed on an unimproved or vacant lot unless the lot meets the minimum lot area and the minimum lot width of the underlying zoning district.

Front yard averaging. The required front yard of the principal building may be reduced to 75% of the average depth of at least three front yards of existing principal buildings on lots within 300 feet of the lot in question and within the same block and within the same underlying zoning district; provided, however, if there are fewer than three such principal buildings within 300 feet of the lot in question, then the distance 300-foot distance shall be extended to the distance necessary to utilize a minimum of three such principal buildings for the purpose of determining the average depth, as established by a licensed surveyor or the Zoning Administrator.

Automatic fire extinguishing system. Pursuant to Section 901.4.4 of the International Fire Code, as amended, because special hazards exist in addition to the normal hazards of occupancy, and access for fire apparatus is unduly difficult, the Park Township Fire Chief may require an automatic fire extinguishing system be installed within the entirety of any new single-family dwelling or two-family dwelling.

Sec. 38-322 Lots within the district.

70-15-33-379-004	70-15-33-382-014	70-15-33-384-001	70-15-33-388-030	70-15-33-393-004
70-15-33-380-001	70-15-33-382-015	70-15-33-384-002	70-15-33-388-031	70-15-33-393-005
70-15-33-380-002	70-15-33-382-018	70-15-33-384-003	70-15-33-388-032	70-15-33-393-006
70-15-33-380-003	70-15-33-382-021	70-15-33-384-004	70-15-33-388-037	70-15-33-394-002
70-15-33-380-004	70-15-33-382-022	70-15-33-384-010	70-15-33-388-038	70-15-33-394-003
70-15-33-380-005	70-15-33-382-023	70-15-33-384-011	70-15-33-388-039	70-15-33-394-004
70-15-33-380-006	70-15-33-382-024	70-15-33-384-012	70-15-33-388-040	70-15-33-394-006
70-15-33-380-007	70-15-33-382-026	70-15-33-384-013	70-15-33-388-041	70-15-33-394-007
70-15-33-380-014	70-15-33-382-029	70-15-33-384-014	70-15-33-388-043	70-15-33-394-008
70-15-33-380-015	70-15-33-382-030	70-15-33-384-015	70-15-33-388-045	70-15-33-394-009
70-15-33-380-017	70-15-33-382-031	70-15-33-385-002	70-15-33-388-046	70-15-33-394-010
70-15-33-380-018	70-15-33-382-032	70-15-33-385-003	70-15-33-388-047	70-15-33-394-011
70-15-33-380-019	70-15-33-382-033	70-15-33-385-008	70-15-33-388-048	70-15-33-394-012
70-15-33-380-020	70-15-33-382-034	70-15-33-385-009	70-15-33-389-001	70-15-33-394-013
70-15-33-380-021	70-15-33-382-035	70-15-33-385-010	70-15-33-389-004	70-15-33-394-015
70-15-33-380-024	70-15-33-382-041	70-15-33-386-001	70-15-33-389-005	70-15-33-394-016
70-15-33-380-026	70-15-33-382-045	70-15-33-386-002	70-15-33-389-009	70-15-33-394-017
70-15-33-380-027	70-15-33-382-046	70-15-33-386-003	70-15-33-389-010	70-15-33-394-018
70-15-33-380-032	70-15-33-382-047	70-15-33-386-004	70-15-33-389-011	70-15-33-394-019
70-15-33-380-033	70-15-33-382-049	70-15-33-386-007	70-15-33-389-012	70-15-33-394-020
70-15-33-380-034	70-15-33-382-052	70-15-33-386-008	70-15-33-389-013	70-15-33-394-021
70-15-33-380-035	70-15-33-382-053	70-15-33-386-014	70-15-33-389-015	70-15-33-394-023
70-15-33-381-001	70-15-33-382-054	70-15-33-387-004	70-15-33-389-016	70-15-33-394-024
70-15-33-381-002	70-15-33-382-055	70-15-33-387-009	70-15-33-390-001	70-15-33-394-025
70-15-33-381-003	70-15-33-382-057	70-15-33-387-021	70-15-33-390-003	70-15-33-460-006
70-15-33-381-004	70-15-33-382-058	70-15-33-387-027	70-15-33-390-004	70-15-33-461-001
70-15-33-381-005	70-15-33-382-059	70-15-33-387-028	70-15-33-390-007	70-15-33-461-010
70-15-33-381-007	70-15-33-382-060	70-15-33-388-001	70-15-33-392-002	70-15-33-461-011
70-15-33-381-008	70-15-33-382-061	70-15-33-388-002	70-15-33-392-004	70-15-33-461-015
70-15-33-381-009	70-15-33-382-062	70-15-33-388-003	70-15-33-392-005	70-15-33-461-016
70-15-33-381-011	70-15-33-382-063	70-15-33-388-006	70-15-33-392-007
70-15-33-382-002	70-15-33-383-003	70-15-33-388-007	70-15-33-393-001
70-15-33-382-003	70-15-33-383-006	70-15-33-388-008	70-15-33-393-002
70-15-33-382-009	70-15-33-383-008	70-15-33-388-024	70-15-33-393-003

Sec. 38-323 Description and purpose.

The OB Ottawa Beach Overlay District is designed to promote the health, safety, and general welfare of the Township through the following goals and objectives:

(1)

Limit densities that would compromise safe access by emergency vehicles, unnecessarily increase fire loads, and restrict the ability to provide adequate emergency service.

(2)

Improve access on roads by lessening congestion.

(3)

Provide for the safe movement of pedestrian and vehicular traffic.

(4)

Prohibit the expansion of commercial uses to protect and promote the historic residential character and lessen the congestion of streets and pedestrian pathways.

(5)

Protect woodlands, dune areas, and areas adjacent to Lake Macatawa and Lake Michigan, and other environmentally sensitive areas from overdevelopment.

(6)

Limit site improvements to blend with the existing topographic character of the earth.

(7)

Allow for the modernization of existing single-family and two-family dwellings.

(8)

Maintain stable single-family and two-family neighborhoods within Ottawa Beach.

Sec. 38-324 Use regulations.

(a)

(b)

(c)

Permitted and special uses within the Ottawa Beach Overlay District shall be regulated in the underlying zoning district subject to the following additional provisions:

(1)

Improved Lot. A Lot containing a single-family dwelling or a two-family dwelling shall comply with the following:

The effect and impact of such change on neighboring parcels and whether such change can be conducted in a manner harmonious with the neighboring uses of property.

Whether the change activities comply with all applicable federal, state, county and local laws, ordinances, rules, regulations, permits and requirements.

(2)

Unimproved Lot. A lot vacant of a principal building, accessory structure or combination thereof shall comply with the following:

New Construction. No new principal building shall be constructed on an unimproved or vacant lot unless the lot meets the minimum lot area and the minimum lot width of the underlying zoning district.

The effect and impact of such change on neighboring parcels and whether such change can be conducted in a manner harmonious with the neighboring uses of property.

Whether the change activities comply with all applicable federal, state, county and local laws, ordinances, rules, regulations, permits and requirements.

(d)

Recreational fires. All recreational fires shall be prohibited except for not more than one recreational fire on a lot, which complies with following:

(1)

(2)

Located no less than 20 feet from tree branches and overhead wires.

(3)

(4)

No greater than three feet in diameter and two feet in height.

(5)

Contains a fire grate as defined by this chapter.

(6)

(7)

(8)

Wind speeds shall be of 10 miles per hour or less when a fire is present. Any fire that is present in wind speeds greater than 10 miles per hour shall be immediately extinguished.

(9)

Any fire shall be extinguished prior to midnight or when directed by the Park Township Fire Department or their designee.

(10)

Any fire shall be attended by a competent person of 18 years or older until fully extinguished.

(11)

Recreational fires are prohibited on an unimproved lot.

(12)

All recreational fire locations shall be subject to approval by the Park Township Fire Department.

Sec. 38-325 Lots within the district.

70-15-33-275-011	70-15-33-296-020	70-15-33-298-008	70-15-33-179-017	70-15-33-180-003
70-15-33-298-005	70-15-33-177-005	70-15-33-330-007	70-15-33-290-017	70-15-33-290-025
70-15-33-296-015	70-15-33-180-009	70-15-33-179-013	70-15-33-298-006	70-15-33-425-003
70-15-33-201-013	70-15-33-275-023	70-15-33-290-005	70-15-33-290-027	70-15-33-283-001
70-15-33-275-006	70-15-33-273-005	70-15-33-296-011	70-15-33-290-014	70-15-33-179-020
70-15-33-290-030	70-15-33-296-012	70-15-33-291-003	70-15-33-177-011	70-15-33-424-001
70-15-33-290-033	70-15-33-290-023	70-15-33-275-014	70-15-33-291-004	70-15-33-274-009
70-15-33-180-006	70-15-33-275-022	70-15-33-279-005	70-15-33-298-001	70-15-33-290-020
70-15-33-290-010	70-15-33-146-024	70-15-33-283-007	70-15-33-177-012	70-15-33-291-006
70-15-33-275-011	70-15-33-425-006	70-15-33-274-021	70-15-33-425-002	70-15-33-295-005
70-15-33-290-008	70-15-33-283-010	70-15-33-296-002	70-15-33-285-010	70-15-33-290-012
70-15-33-290-013	70-15-33-296-001	70-15-33-146-025	70-15-33-290-001	70-15-33-272-001
70-15-33-290-018	70-15-33-281-013	70-15-33-290-006	70-15-33-272-005	70-15-33-279-003
70-15-33-181-003	70-15-33-201-006	70-15-33-181-004	70-15-33-272-009	70-15-33-284-007
70-15-33-275-017	70-15-33-279-001	70-15-33-179-016	70-15-33-179-012	70-15-33-330-003
70-15-33-179-014	70-15-33-281-004	70-15-33-425-008	70-15-33-201-004	70-15-33-426-001
70-15-33-179-004	70-15-33-179-018	70-15-33-180-008	70-15-33-177-004	70-15-33-424-003
70-15-33-295-006	70-15-33-428-001	70-15-33-275-005	70-15-33-296-004	70-15-33-272-003
70-15-33-281-002	70-15-33-146-006	70-15-33-275-009	70-15-33-297-001	70-15-33-296-010
70-15-33-283-011	70-15-33-296-006	70-15-33-274-008	70-15-33-274-005	70-15-33-428-002
70-15-33-298-003	70-15-33-179-005	70-15-33-281-012	70-15-33-274-014	70-15-33-201-005
70-15-33-283-008	70-15-33-290-007	70-15-33-298-002	70-15-33-284-014	70-15-33-296-003
70-15-33-275-026	70-15-33-295-009	70-15-33-274-015	70-15-33-290-003	70-15-33-296-019
70-15-33-290-024	70-15-33-275-021	70-15-33-291-008	70-15-33-291-007	70-15-33-330-001
70-15-33-295-004	70-15-33-283-005	70-15-33-272-002	70-15-33-296-013	70-15-33-275-007
70-15-33-180-010	70-15-33-275-012	70-15-33-290-022	70-15-33-283-012	70-15-33-284-010
70-15-33-281-011	70-15-33-291-001	70-15-33-177-009	70-15-33-275-015	70-15-33-274-006
70-15-33-179-006	70-15-33-177-010	70-15-33-179-024	70-15-33-274-012	70-15-33-284-006
70-15-33-275-020	70-15-33-181-002	70-15-33-283-015	70-15-33-180-002	70-15-33-275-028
70-15-33-296-007	70-15-33-290-034	70-15-33-180-005	70-15-33-275-019	70-15-33-295-002
70-15-33-275-024	70-15-33-274-019	70-15-33-275-025	70-15-33-291-009	70-15-33-296-014
70-15-33-274-023	70-15-33-275-013	70-15-33-290-029	70-15-33-330-006
70-15-33-290-026	70-15-33-201-012	70-15-33-290-032	70-15-33-281-015
70-15-33-284-008	70-15-33-283-014	70-15-33-295-001	70-15-33-296-005
70-15-33-290-002	70-15-33-281-017	70-15-33-274-013	70-15-33-296-016
70-15-33-296-018	70-15-33-290-015	70-15-33-297-002	70-15-33-298-009
70-15-33-281-018	70-15-33-290-011	70-15-33-275-018	70-15-33-290-019
70-15-33-424-002	70-15-33-291-002	70-15-33-290-009	70-15-33-330-004
70-15-33-428-003	70-15-33-298-010	70-15-33-179-025	70-15-33-272-004
70-15-33-285-009	70-15-33-275-016	70-15-33-180-001	70-15-33-290-021
70-15-33-290-031	70-15-33-279-004	70-15-33-296-009	70-15-33-275-027
70-15-33-275-010	70-15-33-275-003	70-15-33-296-008	70-15-33-274-018
70-15-33-180-004	70-15-33-274-007	70-15-33-274-022	70-15-33-283-002
70-15-33-290-016	70-15-33-181-001	70-15-33-281-014	70-15-33-275-008
70-15-33-290-035	70-15-33-201-011	70-15-33-180-011	70-15-33-180-007
70-15-33-298-007	70-15-33-298-004	70-15-33-296-017	70-15-33-283-009
70-15-33-290-028	70-15-33-201-003	70-15-33-425-001	70-15-33-295-003
70-15-33-425-007	70-15-33-272-008	70-15-33-179-007	70-15-33-279-002
70-15-33-290-004	70-15-33-146-007	70-15-33-281-005	70-15-33-284-009
70-15-33-179-015	70-15-33-291-005	70-15-33-275-004	70-15-33-281-003
70-15-33-295-008	70-15-33-284-013	70-15-33-295-007	70-15-33-271-003

Sec. 38-333 Description and purpose.

[Ord. No. Z, eff. 2-7-1974]

The R-5 Low Density Multifamily Residence District is intended for low density residential and group housing.

Sec. 38-334 Use regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-56, eff. 8-22-2006]

Land, buildings or structures in the R-5 Low Density Multifamily Residence District may be used for the following purposes only:

(1)

(2)

Multifamily dwellings provided they are served by public water.

(3)

Home occupations when authorized in accordance with Section 38-506.

(4)

Bed-and-breakfast operations when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The number of bed-and-breakfast sleeping rooms;

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

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

Available parking; and

The ability of the proposed bed-and-breakfast operation to comply with all requirements of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

All bed-and-breakfast operations shall comply at all times with all requirements and other provisions of Chapter 8, pertaining to bed-and-breakfast establishments, as amended.

Sec. 38-335 Height regulations.

[Ord. No. Z, eff. 2-7-1974]

No building or structure shall exceed 35 feet or 2 1/2 stories in height.

Sec. 38-336 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-2, eff. 11-18-1974; amended by Ord. No. ZO16-1, eff. 6-16-2016]

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

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

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

For single- and two-family dwellings, the total side yards shall be not less than 20 feet; provided, however, that no side yard shall be less than seven feet.

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

(3)

Rear yard. There shall be a rear yard of not less than 25 feet provided, however, that in the case of lakefront lots, the rear yard shall be not less than 50 feet.

[Amended by Ord. No. 2018-1, eff. 3-23-2018]

(4)

(5)

(6)

Sec. 38-337 Minimum floor area.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-18, eff. 2-13-1986]

(a)

(b)

The basement floor area of a dwelling, or any portion thereof, may not be included for purposes of determining compliance with the floor area requirements of this section. Notwithstanding the requirements included in the Subsection (a) of this section, on lots of record as of February 13, 1986, of less than 12,500 square feet, a single-floor dwelling may be constructed with a minimum of 864 square feet, provided it has an attached garage with a minimum width of 18 feet and 400 square feet in area.

Sec. 38-363 Description and purpose.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Through proper design and review, each PUD should substantially meet the following objectives:

(1)

To allow a mix of uses, structures, facilities, housing types and open space that is compatible with existing and planned uses on nearby properties.

(2)

(3)

To provide for the regulation of lawful and reasonable land uses not otherwise authorized within this chapter.

(4)

To provide for single- or mixed-use developments which respect the goals and objectives of this chapter and the Park Township Master Plan.

(5)

To encourage the provision of open space and the development of recreational and other support facilities in generally central locations or within a reasonable distance of all dwellings or uses.

(6)

To implement the vision of the Park Township Master Plan in order to provide a high standard of quality of life, varied housing options, and richness of natural assets.

Sec. 38-364 Authorization and permitted uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

The Township Board may approve a PUD in any location within Park Township, provided the property meets the qualifying conditions set forth in Section 38-365.

(b)

(c)

Private roads are allowed in a PUD subject to the requirements of Section 38-512 herein.

Sec. 38-365 Qualifying conditions.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Sec. 38-366 Development requirements for all uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(1)

Number, location, size, and type of dwelling units.

(2)

Type, location, and amount of nonresidential uses proposed.

(3)

Proximity and impact of the PUD on adjacent existing and future land uses.

(4)

Preservation of existing vegetation or other natural features on site.

(5)

Topography of the site.

(6)

Provision of public and/or community water, sanitary sewer and storm sewer or approval of the Ottawa County Health Department for on-site well and septic systems.

(7)

Access for emergency vehicles to all buildings and areas.

(8)

Provisions for pedestrian circulation, recreational amenities, and open space.

(9)

Traffic circulation and safety.

Sec. 38-367 Development requirements for PUDs with residential uses.

[Ord. No. ZO17-1, eff. 5-15-2016; amended by Ord. No. 2020-001, eff. 1-27-2020]

For planned unit developments which will devote all or a portion of the site to residential use, the following requirements shall apply, in addition to the requirements of Section 38-366:

(1)

(2)

Formula to determine number of dwellings on net buildable acreage. The number of dwellings which may be constructed within a PUD shall be determined as follows:

Determine gross site acreage. The gross site acreage may include the public road rights-of-way to which the site abuts only if the legal description for the land includes the road rights-of-way.

Subtract all the areas of existing wetlands, creeks, streams, ponds, lakes, or other water bodies, floodplains, critical dunes, and slopes of 20% or greater.

Subtract acreage proposed to be devoted to nonresidential uses, except those areas proposed for, but not limited to, parks, playgrounds, and dedicated open space, which shall not be subtracted.

The number of acres remaining shall be the net buildable acreage.

Multiply the net buildable acreage by the number of dwelling units per acre that results using the minimum residential lot size required by the current zoning district.

(3)

Additional landscaping to preserve or enhance the views along the roadway.

Provision of additional unique dedicated open space or mature stands of trees which would be of recognizable benefit to Township residents and residents of the PUD.

Provision of a public or private community water and/or sanitary sewer system.

(4)

Mixed-use developments.

Sec. 38-368 Dedicated open space requirements.

[Ord. No. ZO17-1, eff. 5-15-2016; amended by Ord. No. 2020-001, eff. 1-27-2020]

(a)

(1)

For land zoned AG, a minimum of 40% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(2)

For land zoned R-1, R-2 or R-3, a minimum of 20% of the gross site area devoted to residential use shall be permanently preserved as dedicated open space.

(3)

(4)

For land zoned R-4 or R-5 and proposed for manufactured housing community, the regulations of Article IX of this chapter regarding minimum dedicated open space shall apply.

(b)

Areas not considered dedicated open space. The following land areas shall not be considered, allowed, or approved as dedicated open space for the purposes of this section:

(1)

The area within any public or private road easement or right-of-way or within streets, alleys, drives, or similar improvements pursuant to Section 38-367(2)d.2 of this chapter.

(2)

Any easement for overhead utility lines, unless adjacent to qualified dedicated open space.

(3)

Only 50% of the area of any existing floodplain, streams, wetlands, lakes, ponds, and slopes which are 20% or greater shall be counted as dedicated open space.

(4)

The area within a platted lot or site condominium lot.

(5)

The area of required setbacks or required distances between buildings.

(6)

(7)

Community drain fields if such areas are not completely underground.

(8)

Any area devoted to a golf course.

(9)

Landscaping buffers and greenbelts as required by ordinance.

Sec. 38-369 Standards for dedicated open space.

[Ord. No. ZO17-1, eff. 5-15-2016]

The following standards shall apply to the dedicated open space provided in a PUD:

(1)

(2)

(3)

(4)

Dedicated open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths where practicable.

(5)

Grading in the dedicated open space shall be minimal, with the intent to preserve existing topography where practicable.

(6)

(7)

The dedicated open space shall be available and usable for all residents of the PUD, subject to reasonable rules. Safe and convenient pedestrian access to the dedicated open space shall be provided.

(8)

(9)

The noncontiguous dedicated open space is located such that residents of the PUD can reasonably access and use the noncontiguous dedicated open space.

The noncontiguous dedicated open space will be open to use by the residents of the PUD and the general public.

Sec. 38-370 Dedicated open space for nonresidential uses.

[Ord. No. ZO17-1, eff. 5-15-2016]

(1)

Dedicated open space areas shall be arranged and designed to contribute to the attractiveness and function of the PUD and shall, insofar as reasonably possible, be interspersed throughout the site.

(2)

Sec. 38-371 Guarantee and maintenance of dedicated open space.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

(c)

The agreement shall:

(1)

Indicate the permitted use(s) of the dedicated open space.

(2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the dedicated open space.

(3)

Provide for scheduled maintenance of the dedicated open space, including necessary pruning, mowing, replacement of dead or diseased vegetation, and harvesting of trees and new plantings.

(4)

Provide for scheduled maintenance of any structures or facilities located within the dedicated open space, including trails.

(5)

Sec. 38-372 Public and private street connections to adjacent property.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(1)

(2)

The road extension would not result in future traffic from off site creating unsafe situations for the residents of the project proposed by the applicant.

(b)

Sec. 38-373 Procedures.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

Preapplication conference and presentation.

(1)

(2)

The applicant shall provide a conceptual drawing or other information about the development of the property.

(3)

(4)

No formal action may be taken at a preapplication conference, nor will any statements made at the preapplication conference be legally binding commitments.

(5)

(b)

(1)

The applicant's name, address, and phone number.

(2)

Proof that the applicant is the owner of the property or has a sufficient legal or financial interest in the property.

(3)

The name, address and phone number of the owner(s) of record if different than the applicant.

(4)

The address of the property.

(5)

Legal description of the property.

(6)

Current zoning of the property.

(7)

Project description.

(8)

Size of the property in acres, and any information deemed necessary by the Planning Commission to determine gross site acreage and net buildable acreage.

(9)

Signature of the applicant and owner of the property.

(10)

A narrative describing:

The objectives of the PUD and how it relates to the intent of the PUD District as described in Section 38-363.

The relationship of the PUD to the Park Township Master Plan.

Phases of development and approximate time frame for each phase.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD.

Anticipated start and completion of construction.

Location, type, and size of areas to be dedicated open space.

All proposed modifications from the zoning regulations which would otherwise be applicable to the uses and structures of the current zoning of the property in the absence of a PUD.

(c)

(1)

(2)

(3)

Significant cultural amenities, such as historic sites or structures, fence rows of trees, specimen trees, or other culturally significant features.

(4)

(5)

All driveways opposite the site.

(d)

Environmental impact assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final PUD development plan.

(e)

(f)

Final PUD development plan.

(1)

(2)

Projected time for completion of the entire PUD, proposed phasing, if any, of the PUD, and the projected time for completion of each phase.

(g)

(h)

[1]

Editor's Note: See MCL § 125.3101 et seq.

(i)

(1)

The PUD will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

(3)

The PUD will be generally compatible with the Master Plan and consistent with the intent and objectives of this Chapter 38, Article III, Division 8, and this chapter.

(4)

The PUD will not result in significant adverse effects upon nearby or adjacent lands and will be generally compatible with the character of the surrounding area.

(5)

The PUD will protect all floodplains and wetlands from filling, except as approved for essential services or recreation amenities.

(6)

The PUD will preserve and maintain mature woodlands, fields, pastures, and meadows and create sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(7)

The PUD will leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public road rights-of-way, insofar as practicable.

(8)

The PUD will protect the rural roadside character where desirable.

(9)

Pedestrian walkways may be provided so that pedestrians can walk safely and easily throughout the site.

(10)

The individual lots, buildings, roadways, and open space areas are designed to minimize the alteration of natural and environmental site features.

(11)

The PUD will be adequately served by public utilities and services such as police and fire protection or public or on-site community water or sanitary sewer.

(12)

The PUD shall be in compliance with all applicable federal, state, county, and Township laws, ordinances, and regulations.

(13)

(j)

Public hearing and final consideration of the PUD by Township Board.

(1)

(2)

(3)

(k)

Conditions of approval.

(1)

They shall be related to the valid exercise of the police power and the purposes which are affected by the PUD.

(2)

Sec. 38-374 Planned unit developments subject to land division, subdivision, condominium and site condominium regulations.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Applications for planned unit developments proposed as condominiums shall be subject to the requirements of the State of Michigan Condominium Act, Act 59 of 1978, as amended.[1]

[1]

Editor's Note: See MCL § 559.101 et seq.

Sec. 38-375 Amendments to an approved PUD.

[Ord. No. ZO17-1, eff. 5-15-2016]

(1)

Reduction of the size of any building and/or sign.

Movement of buildings and/or signs by no more than 10 feet.

Plantings approved in the landscape site plan may be replaced by similar types of landscaping.

Changes in floor plans which do not alter the character of the use.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

Changes required or requested by the Township for safety reasons.

Changes which will preserve the natural features of the site without changing the basic site layout.

(2)

(3)

Sec. 38-376 Performance guarantees.

[Ord. No. ZO17-1, eff. 5-15-2016]

Sec. 38-377 Time limitations on development.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

(c)

Sec. 38-378 Appeal or variance.

[Ord. No. ZO17-1, eff. 5-15-2016]

Sec. 38-379 Existing approved PUDs.

[Ord. No. ZO17-1, eff. 5-15-2016]

(a)

(b)

Sec. 38-422 Description and purpose.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

Sec. 38-423 Use regulations.

[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-58, eff. 12-13-2007; Ord. No. 2018-1, eff. 3-23-2018]

Land, buildings or structures in the C-1 Neighborhood Business District may be used for the following purposes only:

(1)

(2)

Bakery goods store.

(3)

Banks, loan and/or finance offices.

(4)

Barbershop or beauty shop.

(5)

Book, stationery or gift store.

(6)

Candy store, soda foundation and/or ice cream store.

(7)

Clothes cleaning and/or laundry pickup station.

(8)

Clothing and dry goods store.

(9)

Delicatessen store.

(10)

Dress shop.

(11)

Drugstore.

(12)

Florist and gift shop without nursery.

(13)

Funeral home.

(14)

Grocery store and meat market.

(15)

Hardware store.

(16)

Household appliance store.

(17)

Jewelry store.

(18)

Nursery school and day nurseries.

(19)

Paint and wallpaper store.

(20)

Parking lots.

(21)

Photographer.

(22)

Radio and television store.

(23)

Restaurants and/or cafes without dancing, floor shows or drive-in service.

(24)

Laundromats.

(25)

The size, nature and character of the gas station;

The proposed location of the gas station;

The location of entrance drives and access to the gas station with respect to potential traffic congestion or hazards;

How well the gas station harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The need and necessity for the products and services of the gas station at the proposed location; and

The effect of the gas station on adjoining properties and the surrounding neighborhood.

(26)

Shoe repair shop.

(27)

Tailor and/or dressmaker.

(28)

Variety store, including notions and "5 and 10" stores.

(29)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

(30)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(31)

Offices for businesses that are consistent with a Neighborhood Business District.

(32)

Single-family dwelling units combined with nonresidential units in the same building, if the building conforms to Chapter 10, Buildings and Building Regulations.

(33)

[Added by Ord. No. 2023-01, eff. 4-15-2023]

Sec. 38-424 Required conditions.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

With the exception of automobile parking and off-street parking, all business, service or processing shall be conducted wholly within a completely enclosed building.

(b)

All uses permitted in the C-1 Neighborhood Business District shall be serviced with public water.

(c)

(d)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

Sec. 38-425 Height regulation.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

No building or structure shall exceed 35 feet in height.

Sec. 38-426 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]

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

(1)

Front yard. Except as otherwise provided in Section 38-494, there shall be a front yard of not less than 75 feet.

(2)

Side yard.

Where the side of a lot in a C-1 Neighborhood Business Zoning District abuts upon the side of a lot in any R or AG Zoning District, each side yard shall be not less than 25 feet.

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

No side yard shall be required when directly abutting other commercial uses or land included in a C Zoning District.

(3)

Rear yard.

In all other cases, there shall be a rear yard of not less than 10 feet.

(4)

(5)

Sec. 38-451 Description and purpose.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

The C-2 Resort Service District is for commercial uses that primarily serve tourists and seasonal residents.

Sec. 38-452 Use regulations.

Land, buildings, or structures in the C-2 Resort Service District may be used for the following purposes only:

(1)

Amusement enterprises.

(2)

Bakery goods store.

(3)

Barbershop or beauty shop.

(4)

Book, stationery or gift store.

(5)

Campgrounds when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The proposed location for the campground;

The size, nature and character of the campground and any buildings or structures to be utilized with the campground;

The proximity of the campground to adjoining properties;

The parking facilities provided for the campground;

The location of entrances and access to the campground in terms of any traffic congestion or hazards which will be occasioned by the campground; and

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

(6)

Candy store, soda fountain, ice cream store.

(7)

Delicatessen store.

(8)

Drive-in car eating places when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The proposed location for the drive-in;

The size, nature and character of the buildings and structures to be utilized for the drive-in;

The proximity of the drive-in to adjoining properties;

The parking facilities provided for the drive-in;

The location of entrances and drives in terms of any traffic congestion or hazards which will be occasioned by the drive-in;

How well the drive-in harmonizes, blends with and enhances adjoining properties and the surrounding neighborhood;

The hours of drive-in operation and any potential disturbance or nuisance of the drive-in operation for adjoining properties and the surrounding neighborhood; and

The effect of the drive-in on adjoining properties and the surrounding neighborhood.

(9)

Drugstore.

(10)

Florist, gift and antique shop, but not including nursery.

(11)

Grocery store and meat market.

(12)

Hotels and motels.

(13)

Laundromats.

(14)

Liquor store, including beer and wine sales.

(15)

Lodge hall, private clubs, and banquet facilities.

(16)

(17)

Parking lots.

(18)

Photographer.

(19)

Resorts, if the development is four acres minimum.

(20)

Restaurants, cafes, cocktail lounges.

(21)

(22)

Theater, except drive-in theater.

(23)

Marinas when authorized as a special use by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

The size, nature and character of the marina;

The proposed location of the marina;

The location of entrances and drives leading to the marina with respect to potential traffic congestion or hazards;

The parking facilities to be provided for the marina;

The location and character of the storage areas and facilities to be provided by the marina for boats, cradles, and other boat accessories;

The facilities to be provided by the marina for the display of new and used boats for sale;

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

Any potential disturbance or nuisance from the marina operation for adjoining properties and the surrounding neighborhood; and

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

(24)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

(25)

Churches when authorized by the Planning Commission as a special use. In considering such authorization, the Planning Commission shall consider the following standards:

The size, character and nature of the church building;

The proximity of the church to adjoining properties;

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

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

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

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

(26)

(27)

Short-term rentals and tourist homes.

Sec. 38-453 Required conditions.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

(b)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

(c)

All uses permitted in this zoning district shall be serviced with public water.

Sec. 38-454 Height regulation.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

No building or structure shall exceed 35 feet in height.

Sec. 38-455 Area regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]

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

(1)

Front yard. Except as otherwise provided in Section 38-494, there shall be a front yard of not less than 75 feet.

(2)

Side yard.

Where the side of a lot in a C-2 Resort Service District abuts upon the side of a lot in any R or AG Zoning District, each side yard shall be not less than 25 feet.

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

No side yard shall be required when directly abutting other commercial uses or land included in a C Zoning District.

(3)

Rear yard.

In all other cases, there shall be a rear yard of not less than 10 feet.

(4)

(5)

Sec. 38-456 Hotel, motel, resort regulations.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]

(a)

Minimum unit size. No hotel, motel, or resort unit may be less than 250 square feet.

(b)

Density requirements.

(1)

A hotel, motel, or resort that is served by both public water and sewer shall comply with the following density requirements by meeting the minimum lot area established in the following table.

	Density for Facilities Served by Public Water and Sewer
	Unit Size Interior Dimensions (square feet)	Minimum Lot Area (square feet per unit)
	250	2,500
	400	3,500
	650	4,500

(2)

A hotel, motel, or resort that is not served by both public water and sewer shall comply with the following density requirements by meeting the minimum lot area established in the following table.

	Density for Facilities Not Served by Public Water and Sewer
	Unit Size Interior Dimensions (square feet)	Minimum Lot Area (square feet per unit)
	250	5,000
	400	7,000
	650	9,000

(c)

Kitchen regulations.

(1)

(2)

(d)

General requirements. All hotels, motels, and resorts shall have an on-site manager and shall provide housekeeping services.

Sec. 38-457 Description and purpose.

(1)

To acknowledge the publicly owned properties that presently exist within the Township as assets to the community intended to remain as such for future generations.

(2)

To immediately include any properties currently owned or acquired by Park Township that are used or authorized for public use and/or are reserved as open space or for public recreation.

(3)

To accommodate dedicated areas of open space.

(4)

To accommodate dedicated areas for government buildings and uses.

(5)

To accommodate dedicated areas for institutional uses.

(6)

To accommodate dedicated areas for recreational use.

(7)

To promote public land usage and development that are compatible with the preservation of natural amenities and open space areas.

Sec. 38-458 Use regulations.

Land, buildings, or structures in the Public Lands and Open Space District shall be used for the following purposes only:

(1)

Public conservation areas and structures for the development, protection, and conservation of open space, watersheds, water, soil, forests, and wildlife resources;

(2)

Noncommercial public recreational facilities, including parks, playgrounds, camps, centers, parkways, and other similar recreational facilities;

(3)

Public buildings and public service installations;

(4)

Public cemeteries;

(5)

Parking lots to serve a use provided for within the P District;

(6)

Wireless and broadcast communication facilities;

(7)

Accessory uses or structures, clearly incidental to any of the above permitted uses, and subject to Section 38-491; and

(8)

The size, nature and character of the proposed use;

The proximity of the proposed use to adjoining properties;

The parking facilities provided for the proposed use;

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

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

Sec. 38-459 Required conditions.

(a)

(b)

Lighting facilities shall be equipped with shielding so as to reflect the light downward and away from adjoining properties.

Sec. 38-460 Height regulation.

No building or structure shall exceed 35 feet in height, except when authorized pursuant to Section 38-458(6) herein.

Sec. 38-461 Area regulations.

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

(1)

(2)

Side yard. No requirement, except when abutting a residential zoning district, in which case the side yard setback to the building or parking area shall be 10 feet.

(3)

Rear yard. No requirement, except when abutting a residential zoning district, in which case the rear yard setback to the building or parking area shall be 10 feet.

(4)

Lot area. No requirement.