Pavilion Township City Zoning Code

Sec. 3.1. In this Ordinance, (except for section 8.9) [Note: section 8.9 is now section 200. 410] words used in the present tense include the future; the singular number includes the plural number and plural, the singular; the word "shall" is mandatory and not permissive, and the word "may" is permissive. In interpreting and applying this Ordinance, the requirements contained herein are declared to be the minimum requirements for the protection of health, morals, safety or welfare. This Ordinance shall not be deemed to interfere with or abrogate or annul or otherwise affect in any manner whatsoever any Ordinances, rules, regulations or permits, or by easements, covenants, or other agreements between parties, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or larger open spaces than are imposed or required by other Ordinances, rules, regulations, or permits, or by easements, covenants, or agreements between parties, the provisions of this Ordinance shall prevail. Except as hereinafter provided, the following general regulations shall apply:

Sec. 3.2.

a.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged nor shall any land or building be used, designed, or arranged to be used for any purpose or in any manner other than that included among the uses hereinafter listed as permitted in the zone in which such building or land is located.

b.

Every building hereinafter erected shall be located on a lot as herein defined; and, except as herein provided, there shall be not more than one single or two family dwelling on one lot, and each lot shall be duly recorded.

c.

Property which has less than the required lot frontage or lot width may have a dwelling or other building constructed thereon, provided, however, that all of the following conditions are met:

(1)

The lot width at the street line is no less than sixty-six (66) feet in width.

(2)

The dwelling or building to be constructed meets the yard setback requirement for the zoning district in which it is located, with the front yard setback measured as though the 66-feet were extended through the depth or length of the property. Where the 66-foot extension would terminate at an adjoining parcel that is not buildable or is less than ten acres in area, such extension shall only be required to meet a length of 132 feet for purposes of establishing a front yard setback.

(3)

All areas associated with the access shall be in addition to the area and dimension requirements of this Ordinance.

(4)

Access roads shall not be adjacent to each other. There shall be at least 132 feet between access roads.

d.

The illumination of any buildings or uses of land shall be designed and operated so that the source of light shall not be directed upon adjacent properties or the public streets. In no event shall the illumination of a building or use of land be permitted to flood upon adjacent residential structures.

e.

[Deleted by Ordinance No. 136, adopted July 11, 2005.]

(Amended by: Ord. No. 105, 5-8-95; Ord. No. 136, 7-11-05; Ord. No. 147, § 1, 7-22-10)

Sec. 3.3. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except the height limitations shall not apply to church spires, belfries, cupolas, domes not used for human occupancy; nor to chimneys, ventilators, skylights, water towers, barns, silos, bulkheads, and necessary mechanical appurtenances usually carried above the roof level, except where in the opinion of the building inspector such may be deemed unsafe and could interfere with aerial navigation or constitute a fire hazard unless permitted by the FAA or the Fire Marshall. Roof-mounted or stand-alone antennas or wind energy systems that are less than 50 feet in height are exempt provided such location is setback 110 percent of the total height from any adjoining property line.

(Amended by: Ord. No. 147, § 2, 7-22-10)

Sec. 3.4.

a.

No building shall be erected, nor shall any existing building be altered, enlarged, moved, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations hereinafter designated for the zone in which such buildings or open space is located, except as otherwise specifically provided.

b.

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as a yard or open space for any other building.

c.

Any lot as defined herein, which was legally recorded at the time of adoption of this Ordinance, and which was a buildable lot under the Zoning Ordinance in effect immediately prior to the adoption of this Ordinance, shall be deemed a buildable lot even though it may have less than the minimum area and/or dimensional requirements. Also see section 7.2c. [Note: section 7.2c is now section 200.302c]

Sec. 3.5. Before construction begins on any new building, alteration, or demolition of a building, or before any building shall be erected or excavation started, a permit therefor shall be issued by the Township Supervisor, or other official designated by the Township Board. Application for permit shall be upon a form furnished by the Township or designated official. If the application shows compliance with the requirements of this Ordinance and the building and health regulations and Ordinances then in effect, the permit shall be issued. Fees for building permits and zoning permits shall be established from time to time by the Township Board.

(Amended by: Ord. No. 173, § 2, 2-14-22)

Note: Effective November 5, 1988 building permit applicants must receive approval for their sanitary disposal system from the Human Services Department of Kalamazoo County, 418 W. Kalamazoo Ave., Kalamazoo, MI. 49007, before a building permit can be issued.

Sec. 3.6 Nothing in this Ordinance shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this Ordinance provided that construction is commenced within six months after the date of issuance of the permit; that construction is carried on diligently and without interruption for a continuous period so that the entire building shall be completed according to the plans filed with the permit application within two years after the issuance of the building permit.

Sec. 3.7. It shall be unlawful to change a use or occupy any building or premises, in whole or in part, hereafter built, changed, enlarged or vacated until a Certificate of Occupancy has been issued, certifying that the structure, premises and use comply with the Township building and Zoning Ordinances. Occupancy permits shall be granted or denied within ten days from the date that a written application is filed with the building inspector or zoning enforcement officer. The issuance of a certificate of occupancy shall not be construed as permitting any violation of this Ordinance.