Sec. 4.1.  Where uncertainty exists as to the boundaries of any of the zones as shown on the Zoning Map, the following rules shall apply:

a.

Zone boundary lines are intended to be parallel or perpendicular to street, alley, or lot lines, unless such zone boundary lines are fixed by dimensions, as shown on said Zoning Map.

b.

Where zone boundaries are indicated as approximately following street or alley lines or proposed street lines, such lines shall be construed to be such boundaries.

c.

Where zone boundaries are so indicated that they approximately follow lot lines and are not more than 25 feet distance therefrom, such lot lines shall be such boundaries.

d.

In unsubdivided property or where a zone boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on such maps, or described in the text of the Ordinance, shall be determined by the use of the map scale shown thereon, and scaled to the nearest foot.

e.

If all or any portion of any public street, alley, right-of-way, easement or land which is not included in any zone shall ever revert to or come into private ownership or shall ever be used for any purpose other than a public purpose, said land shall be subject to all of these regulations which apply within the zone immediately adjacent thereto, or within the most restricted of the immediately adjacent zones, if there be more than one.

Sec. 4.2.

a.

For the purpose of this Ordinance, Pavilion Township is hereby divided into the following zoning districts:

b.

The location and boundaries of the zones established in the municipality shall be shown on a map entitled Zoning Map of the Pavilion Township, and as same may be amended subsequent to the adoption thereof; and said map, section or portion thereof, together with all notations, dimensions and other data shown thereon, are hereby made a part of this Ordinance to the same extent as if the information set forth on said map were fully described and incorporated herein.

c.

The official copy of the Zoning Map shall be in the custody of the Pavilion Township Clerk.

(Ord. No. 129, 11-11-02; Ord. No. 132, 8-11-03)

Sec. 4.3.

4.31. Description of district. This district is composed of certain land in outlying areas presently of rural character. Such land is zoned for agricultural use with the intent that agriculture will be the principal land use within the foreseeable future. The regulations for this district are designed to stabilize and protect the essential characteristics of the district without unduly restricting its use solely to that of an agricultural nature. To these ends, development is limited to a low concentration and to those uses which would not be detrimental to future development.

4.32. Permitted uses:

a.

Single family dwellings and structures and uses normally auxiliary thereto.

b.

Any farm or agricultural activities, excluding those uses listed specifically under agri-business and agri-tainment. Such use and activities shall be subject to the State of Michigan (Department of Agriculture) Generally Accepted Agriculture Management Practices (GAAMP's).

c.

The sale of farm or dairy product which has been raised on the farm from which it is to be sold.

d.

Home occupations.

e.

Signs, when in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602]

f.

Accessory uses or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604.]

g.

Family care home.

h.

Attached accessory dwelling unit, subject to Section 6.5.5 [200.605.5].

i.

Private accessory solar energy system.

4.33. Special exception uses:

a.

Churches, cemeteries, parochial and private schools.

b.

Eleemosynary, charitable and philanthropic institutions.

c.

Golf courses, private non-commercial clubs.

d.

Public utility buildings, telecommunication towers and antennas and structures necessary for the service of the community except that:

1.

There is no zoning restriction for utilities to be located in public streets or public rights-of-way.

2.

Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.

e.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

f.

Gravel pits, quarries and mines.

g.

Michigan Department of Agriculture licensed migrant worker housing for persons employed on the premises.

h.

Campgrounds.

i.

Kennels.

j.

Event barns.

k.

Group care home.

ka.

Planned residential development (see Appendix B).

l.

[Deleted by Ord. No. 143, adopted November 12, 2007.]

m.

Waste transfer stations.

n.

[Repealed by Ord. No. 156, adopted October 10, 2016]

o.

[Repealed by Ord. No. 176, § 3, adopted December 12, 2022]

p.

Landscape maintenance - limited to no outdoor storage of materials or sales from site subject to the condition of minimum lot area of two acres and a 25-foot setback from any side or rear yard for related activities.

q.

Attached accessory dwelling unit, subject to Section 6.5.5 [200.605.5].

r.

Commercial solar energy system.

4.34. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Amended by: Ord. No. 93, 8-13-90; Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 133, 6-1-04; Ord. No. 143, § 2, 11-12-07; Ord. No. 156, 10-10-16; Ord. No. 157, 12-12-16; Ord. No. 163, § 2, 12-10-18; Ord. No. 169, §§ VI, X, 10-12-20; Ord. No. 176, § 3, 12-12-22; Ord. No. 177, §§ 2, 6, 11-13-23; Ord. No. 183, § VI, 6-9-25)

Sec. 4.4.

4.41. Description of district. The purpose of the A-2 Agriculture District is to provide for the accommodation and regulation of manufacturing, warehousing, storage, and related commercial activities that are dependent upon or closely allied to the agricultural industry. To these ends, the A-2 District is designed and intended to be applied in agricultural areas.

4.42. Permitted uses:

a.

Contract sorting, grading and packaging services for fruits and vegetables.

b.

Canning of fruits, vegetables, preserves, jams and jellies, including specialty foods.

c.

Production of natural and processed cheese.

d.

Wet milling of corn.

e.

Preparation of feeds for animals and fowl.

f.

Production of flour and other grain mill products.

g.

Fluid milk processing.

h.

Production of frozen fruits, fruit juices, vegetables and other specialties.

i.

Meat packing.

j.

Poultry and small game dressing and packing, provided that all operations be conducted within an enclosed building.

k.

Livestock sales facilities.

l.

Grain elevators and bulk storage of feed grains.

m.

Commercial greenhouses.

n.

[Deleted by Ord. No. 133, adopted June 1, 2004.]

o.

Sales or maintenance of farm implements and related equipment.

p.

Soil mixing for commercial sales.

q.

[Repealed by Ord. No. 156, adopted October 10, 2016]

r.

Drying and dehydrating fruits and vegetables.

s.

Production of sausages and other meat products, providing that all operations be conducted within an enclosed building.

t.

Winery.

u.

Fruit and vegetable pickling.

v.

Production of creamery butter.

w.

Single family dwelling, subject to the lot, yard and area requirements for the district.

x.

Veterinarian services.

y.

Horticulture.

z.

Signs where in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602].

aa.

Accessory uses or buildings when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

bb.

Sawmill.

cc.

Family care home.

dd.

Private accessory solar energy system.

4.43. Special exception uses: Subject to the conditions/limitations in section 9.3. [Note: section 9.3 is now section 200.903].

a.

[Repealed by Ord. No. 156, adopted October 10, 2016]

b.

Riding stables.

c.

Slaughtering of animals.

d.

Kennels.

e.

Telecommunication towers and antennas.

f.

Living quarters for watchman or caretaker employed on the premises.

g.

Boarding house or similar group housing for employees or students associated with the agricultural operation and not meeting the definition of family.

h.

Agri-tainment, including uses, facilities and activities associated with the agricultural operation and devoted to entertainment, education and training or similar pursuit.

i.

Agribusiness or similar uses of a business or commercial nature, associated with a permitted use in the "A-2" district, where seasonal activities or events generate large numbers of patrons or customers, shall be subject to special exception use approval and subject to conditions associated with that specific operation.

j.

Planned unit development.

k.

Fertilizer mixing and blending and chemical sales and storage.

l.

Zoological park or wildlife game preserve.

m.

Group care home.

4.44. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614]

(Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 132, 8-11-03; Ord. No. 133, 6-1-04; Ord. No. 143, § 3, 11-12-07; Ord. No. 156, 10-10-16; Ord. No. 177, § 7, 11-13-23)

Sec. 4.5.

4.51. Description of district. This district is composed of certain land in outlying areas presently of a rural residential character where low density single family residential development has occurred or appears likely to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to low density single family residential use consistent with limited rural type facilities and services.

4.52. Permitted uses:

a.

Single family dwellings, and the accessory structures and uses normally auxiliary thereto.

b.

Home occupations.

c.

Publicly owned and operated building and uses including community buildings and public parks, playgrounds and other recreational areas.

d.

Signs, when in accordance with the provisions of section 9.2 [Note: section 9.2 is now section 200.602].

e.

Accessory uses or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

f.

Family care home.

g.

[Repealed by Ord. No. 156, adopted October 10, 2016]

h.

Attached accessory dwelling unit, subject to Section 6.5.5 [200.605.5].

i.

Private accessory solar energy system.

4.53. Special exception uses:

a.

[Repealed by Ord. No. 156, adopted October 10, 2016]

b.

[Deleted by Ord. No. 143, adopted November 12, 2007.]

c.

Planned residential development (See appendix B).

d.

Group care home.

e.

Attached accessory dwelling unit, subject to Section 6.5.5 [200.605.5].

4.54. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Amended by: Ord. No. 93, 8-13-90; Ord. No. 143, § 4, 11-12-07; Ord. No. 151, § 1, 8-13-12; Ord. No. 156, 10-10-16; Ord. No. 169, §§ VII, XI, 10-12-20; Ord. No. 177, § 8, 11-13-23)

Sec. 4.6.

4.61. Description of district. This district is composed of medium density single family residential areas in the Township where medium density single family residential development has occurred, or appears likely to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to single family residential use, where adequate facilities and services will be provided.

4.62. Permitted uses:

a.

Single family dwellings, and the accessory structures and uses normally auxiliary thereto.

b.

Home occupations.

c.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

d.

Signs, when in accordance with the provisions of section 9.2 [Note: section 9.2 is now section 200.602].

e.

Accessory uses, or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

f.

Family care home.

g.

[Repealed by Ord. No. 156, adopted October 10, 2016]

h.

Attached accessory dwelling unit, subject to Section 6.5.5 [200.605.5].

i.

Private accessory solar energy system.

4.63. Special exception uses:

a.

Any special exception use permitted in the R-1 Residential District.

4.64. Lot, yard and area requirements Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Amended by: Ord. No. 139, § 4, 9-8-06; Ord. No. 143, § 5, 11-12-07; Ord. No. 151, § 2, 8-13-12; Ord. No. 156, 10-10-16; Ord. No. 169, § VIII, 10-12-20; Ord. No. 177, § 9, 11-13-23)

Sec. 4.7.

4.71. Description of district. This district is composed of higher density single and two family residential areas in the Township where high density single family or two family residential development has occurred, or appears likely to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to higher density single family and two family residential use where adequate facilities and services will be provided.

4.72. Permitted uses:

a.

Single family dwellings, and the accessory structures and uses normally auxiliary thereto.

b.

Two family dwellings.

c.

Home occupations.

d.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

e.

Signs, when in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602].

f.

Accessory uses, or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

g.

[Repealed by Ord. No. 156, adopted October 10, 2016]

h.

Family care home.

i.

Attached accessory dwelling unit, subject to Section 6.5.5 [200.605.5].

j.

Private accessory solar energy system.

4.73. Special exception uses:

a.

Any special exception use permitted in the R-2 Residential District.

b.

[Deleted by Ord. No. 143, adopted November 12, 2007.]

4.74. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614]

(Ord. No. 143, § 6, 11-12-07; Ord. No. 156, 10-10-16; Ord. No. 169, § IX, 10-12-20; Ord. No. 177, § 10, 11-13-23)

Sec. 4.8.

4.81. Description of district. This district is composed of certain areas within the Township where multiple family residential development has occurred, or appears desirable to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas, and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to multiple family residential use where adequate public facilities and services will be provided by the developer.

4.82. Permitted uses:

a.

Two family, dwellings and the accessory structures and uses normally auxiliary thereto.

b.

Apartment houses, condominiums, boarding houses, garden apartment development and the accessory structures and uses normally auxiliary thereto.

c.

Business offices in an apartment building for conducting business incidental to the rental, operation, service and maintenance of the apartment building, or buildings.

d.

Home occupations, limited to existing single family dwellings and to two family semidetached dwellings.

e.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

f.

Signs, in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602].

g.

Accessory uses or buildings, in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

4.83. Special exception uses:

a.

Any special exception use permitted in the R-3 Residential District.

b.

Limited residential care facilities.

4.84. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Ord. No. 143, § 7, 11-12-07)

Sec. 4.9.

4.91. Description of district. This district is composed of certain areas within the Township where high density multiple family residential development has occurred, or appears desirable to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas, and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to high density multiple family residential use where adequate public facilities and services will be provided by the developer.

4.92. Permitted uses:

a.

Any use permitted in the R-4 Multiple Family District.

b.

Signs, in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602].

c.

Accessory uses or buildings, in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

4.93. Special exception uses:

a.

Any special exception use permitted in the R-3 Residential District.

b.

Full residential care facilities.

4.94 Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Ord. No. 143, § 8, 11-12-07)

Sec. 4.10.

4.101. Description of district. This district is designed solely for mobile home parks and such accessory structures and uses normally associated thereto, in accordance with those regulations specified by the State of Michigan.

4.102. Permitted uses:

a.

Mobile home parks and accessory buildings and uses, including residences for the mobile home park owner and his or her family.

4.103. Conditions and limitations:

a.

All mobile home parks shall comply with the requirements imposed by Michigan Public Act 96 of 1987, as amended and with any and all regulations promulgated thereunder by the Michigan Mobile Home Commission and the Michigan Department of Public Health, except as said Act and regulations may be modified by the provisions herein.

b.

Mobile homes, permanent park buildings and facilities and other structures abutting a public right-of-way may not be located closer than 50 feet from any public street right-of-way line or from any side or rear property line boundary.

c.

The mobile home park shall be developed with sites of 5,500 square feet per mobile home unit. This 5,500 square feet for any one site may be reduced up to 20 percent provided that the minimum individual site is not less than 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least 75 percent of the land saved shall be dedicated as open space, but in no case shall the open space requirement be less than that required under Rule 125.1946 of the Michigan Administrative Code.

d.

All mobile home sites shall abut a road complying with the following minimum width requirements and which shall have unobstructed access to a public street or highway. An internal road shall be constructed of materials suitable for subgrades and hard surface in compliance with standards of the American Association of State Highway and Transportation Officials (AASHTO) (1974 Edition), adopted herein by reference. A park developer may use other suitable materials of equal quality, if approved by the Mobile Home Commission or its delegated authority.

The foregoing permitted on-street parking shall be parallel parking only.

e.

Garbage or other rubbish may not be burned outdoors on individual mobile home sites, although a common area or areas may be established within a mobile home park for such burning so long as all pertinent statutes, Ordinances, and regulations promulgated thereunder are complied with.

f.

All mobile home parks shall be connected to public water and sanitary sewer services where such public services are reasonably available. The water supply system of a mobile home park shall be underground and available and accessible to each mobile home for connection by a dual water tap frost-free water connection at least four inches above ground. The water supply lines servicing the mobile home park shall be of sufficient size to provide adequate water flow for fire protection for the mobile home park. No mobile home site shall be more than 500 feet from a fire hydrant. With reference to the governing regulation in parts 2 through 4 of the Michigan Department of Public Health Standards.

g.

Grass shall be mowed and kept in a neat condition.

h.

Mobile home sales shall be permitted from mobile home sites within the mobile home park. Such sales shall at all times be incidental and subordinate to the residential operations and for the principal purpose of sales to tenants or prospective tenants of the mobile home park.

i.

The mobile home park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. Where public storm sewers are not available for such drainage, all surface water shall be disposed of within the mobile home park boundaries.

j.

Preliminary plans for all new mobile home parks or expansions to existing mobile home parks must be submitted to and approved by the Planning Commission as being in compliance with the terms of this Ordinance and all applicable state statutes and regulations promulgated thereunder before construction may commence. Application for preliminary plan approval shall be made by (1) filing seven copies of the preliminary plan with the Township clerk and (2) paying a preliminary plan review fee as determined by resolution of the Township Board based upon the cost of processing the review and as shall be on file with the Township clerk for public information.

The preliminary plan must consist of, but shall not be limited to the following:

i.

The number and size of individual mobile home sites and the location of the streets.

ii.

The proposed location and method of sewage treatment and disposal and appropriate supporting data.

iii.

The source and location of the water supply and fire hydrants.

iv.

The location of access to public roads.

v.

Drainage provisions.

vi.

Site features including all structures, outdoor recreational facilities, walkways, parking and street frontage.

vii.

The location, size and design of all signs to be placed upon the site.

viii.

The location and general description of all screening to be retained or established on the site.

k.

Property which is the subject of preliminary plan approval must be developed in strict compliance with the approved preliminary plan and any amendments thereto which have received the approval of the Planning Commission.

l.

The Township Planning Commission shall have the right and authority to require the mobile home park's developer to file with the Township clerk at the time of Township approval of a preliminary plan for a new mobile home park or for expansion of an existing mobile home park, a performance bond or bank letter of credit in such amounts as may be determined by the Township Board necessary to insure the development of the site in accordance with the approved preliminary plans therefor, conditioned upon such proper construction and development. Such bonds, if required, shall continue for the duration of the construction and development of the site and shall be in a face amount which is a reasonable percentage of the estimated total cost of construction and site development. The bond shall be for the purpose of securing the completion of improvements considered necessary to protect natural resources or the health, safety, and welfare of the residents of the Township and adjacent residents and property owners. The Township Board shall provide for the rebate of any cash bond filed in this connection in reasonable proportion to the ratio of the work completed on the improvements for the improvements for which the bond was required.

m.

All mobile home parks shall have a minimum area of ten acres. (added by amend. ord. no. 73 eff. June 5, 1960; amend. ord. no. 111 eff. Aug. 1, 1964; ord. no. 153 eff. May 26, 1969; ord. no. 158 eff. Nov. 10, 1969; ord. no. 290 eff. Feb. 23, 1983; ord. no. 374 eff. May 1, 1989)

4.104. Lot, yard and area requirements.Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Ord. No. 133, 6-1-04)

Sec. 4.11. Description of district. This district is established to support business or retail use that primarily serves residential neighborhoods within proximity to such uses. It is intended to limit uses that generate excessive vehicle parking or stacking needs or where the outdoor display of goods or storage or material or equipment is proposed.

4.112. Permitted uses. Retail sales of goods and services such as:

a.

Bakery and dairy products, retail sales only.

b.

Banks, savings and loan associations.

c.

Barber and beauty shops.

d.

Books, stationery and newspapers.

e.

Clothing and dry goods.

f.

Drugs and pharmaceuticals.

g.

Florist and garden shops.

h.

Funeral establishments.

i.

Furniture and household furnishings.

j.

Groceries and food stuffs.

k.

Hardware, hobby shop, household appliances.

l.

Laundromat, laundry and dry cleaning pick-up station.

m.

Music and dancing schools.

n.

Offices, business or professional.

o.

Photography store.

p.

Radio and television, sales and service.

q.

Restaurant or similar eating establishment.

r.

Shoe sales and repair.

s.

Signs when in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602].

t.

Tailoring and dressmaking.

u.

Variety store, antiques, gifts.

v.

Accessory uses or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

w.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

x.

Reserved.

y.

Gift shop.

z.

Medical clinic.

aa.

Churches.

bb.

Convenience store.

cc.

Private accessory solar energy system.

dd.

Commercial solar energy system.

4.113. Special exception uses:

a.

Any other retail use similar to those permitted uses in section 4.112, including any listed use that has more than one drive-in window or where outdoor display of goods or outdoor storage of material or equipment is proposed.

b.

[Repealed by Ord. No. 156, adopted October 10, 2016]

c.

Gasoline service stations.

d.

Package liquor sales.

e.

Public utility buildings, telecommunication towers and antennas, and structures necessary for the service of the community except that:

1.

There is no zoning restriction for utilities to be located in public streets or public right-of-way.

2.

Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.

f.

Full residential care facilities.

4.114. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Amended by: Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 139, § 5, 9-8-06; Ord. No. 143, § 9, 11-12-07; Ord. No. 156, 10-10-16; Ord. No. 177, §§ 3, 11, 11-13-23)

Sec. 4.12.

4.121. Description of district. This district is established for the accommodation of community wide needs for general retail sales and service facilities. The regulations are designed to permit development of the enumerated functions as limited to protect the abutting and surrounding properties.

4.122. Permitted uses:

a.

Any permitted use in the C-1 Local Commercial zone.

b.

Automobile repair garage.

c.

Automobile sales agency and adjoining outdoor sales area of new or used cars, provided that no dismantling of cars, or storage of dismantled cars shall take place outdoors.

d.

Boats and equipment sales.

e.

Commercial recreation enterprises; indoors.

f.

Contractors' work shops.

g.

Greenhouse, nursery.

h.

Hotel, motel.

i.

Machinery and heavy equipment sales; indoors.

j.

Signs, when in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602].

k.

Accessory uses or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

l.

Existing single family residence, subject to "R-2" site development requirements. Home occupations are permitted subject to the requirements under section 6.5.

m.

Drive-in eating establishments.

n.

Mobile home sales.

o.

Reserved.

p.

Clubs, private, including reception halls, banquet facilities or similar uses.

q.

Bowling alleys.

r.

Full residential care facilities.

4.123. Special exception uses:

a.

[Repealed by Ord. No. 156, adopted October 10, 2016]

b.

Animal hospital.

c.

Any general retail use similar to those uses permitted in this section.

d.

Bar, tavern and night club.

e.

Bus or truck terminal.

f.

Commercial recreation enterprises, outdoors, including drive-in theaters or similar uses.

g.

Earth removal, excavations, commercial.

h.

Gasoline service stations.

i.

Package liquor sales.

j.

Public utility buildings, telecommunication towers and antennas, and structures necessary for the service of the community except that:

1.

There is no zoning restriction for utilities to be located in public streets or public rights-of-way.

2.

Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.

k.

Riding stable, race track; commercial.

l.

Volunteer or municipal fire station.

m.

Reserved.

n.

Bulk storage facility.

o.

Construction and farm equipment sales.

p.

Rental storage or mini-warehouse storage facilities.

q.

Light industry.

r.

Mixed use development, subject to the following:

An application for mixed-use development may include land designated within the Pavilion Township Master Plan as Commercial. Where the underlying zoning does not allow for mixed-use development as a special exception use, only those uses permitted by right shall be included within that portion of the development area. Within this type of application, separation between residential use and more intensive use (in the form of a greenbelt buffer or similar screening) may not be required or desired.

The submitted site plan shall identify the development area in total, the underlying zoning district(s) and any man-made features within 100 feet of the site perimeter. The Planning Commission shall first consider the application for special exception use and then consider the application for site plan review. All conditions imposed on the approval of the special exception use shall be reflected on the final site plan.

The following conditions shall apply to any application for mixed-use development:

1.

The minimum parcel size for any development area shall be five acres. This may include consolidation of parcels for purposes of such application.

2.

There shall be frontage of at least 330 feet along an existing primary road, or an existing public road or private road that can support the scope of the proposed mixed use.

3.

Perimeter setbacks shall adhere to the setback requirements for the underlying zoning district. Interior setbacks between the proposed uses or separation distance between any proposed or existing buildings within the development area shall be indicated on the site plan. In no instance shall this setback or separation be less than ten feet for any detached building.

4.

No less than twenty-five percent of the development area shall be preserved in open space, with such open space to be located both internally (to the benefit of the residents, employees or patrons of the development) and along the perimeter as a buffer from less intensive uses. Emphasis should be placed on pedestrian movement within the site and the connection of the development area to any off-site non-motorized facilities (sidewalks, bike lanes or bikepaths).

5.

If the proposed development is to be constructed in phases, these must be identified on the site plan and any initial phase shall include a use that is a permitted use within the underlying zoning district, unless specifically waived by the Planning Commission. In no instance shall the final mix of uses not include a permitted use within the underlying district.

s.

Lawn mowing, snow plowing, subject to the conditions of a minimum lot area of two acres and a 25-foot setback from any side or rear yard to related activities (primarily parking).

4.124. Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

(Amended by: Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 139, § 6, 9-8-06; Ord. No. 143, § 10, 11-12-07; Ord. No. 156, 10-10-16; Ord. No. 176, § 4, 12-12-22)

Sec. 4.13.

4.131. Description of district. This restricted industrial district is limited to large tracts located along state highways, major county thoroughfares and railroad rights-of-way and/or commercial areas. These regulations are intended to provide standards of intensity of use and standards of external effects or amenities compatible with the surrounding or abutting residential districts.

To these ends, development is limited to a low concentration, external effects are limited, and uses are limited to those industrial activities which can be operated in a clean an quiet manner and which will be least objectionable to adjoining residential districts.

4.132. Permitted uses:

a.

[Repealed by Ord. No. 156, adopted October 10, 2016]

b.

Assembly of merchandise such as electrical appliances, electronic or precision instruments, and articles of similar nature.

c.

Packaging of previously prepared materials.

d.

Printing, lithographic, blueprinting and similar uses.

e.

Processing or compounding commodities such as drugs, cosmetics, pottery, and food products.

f.

Signs, when in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602]

g.

Storage or warehousing of commodities such as hardware, packaged or fresh foods, clothing, drugs (except live fowl or animals, commercial explosives, or above or below ground bulk storage of flammable liquids, or gases,unless and only to the extent that such storage of liquids or gases is directly connected to energy or heating on the premises).

h.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

i.

Accessory uses or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 200.604].

j.

Gasoline service stations.

k.

Machine shop.

l.

Manufacturing; indoors.

m.

Public utility buildings.

n.

Tailoring and dressmaking.

o.

[Repealed by Ord. No. 183, adopted June 9, 2025]

p.

Private accessory solar energy system.

q.

Commercial solar energy system.

4.133. Special exception uses:

a.

Office buildings.

b.

Telecommunication towers and antennas.

c.

Truck terminal.

4.134. Lot, yard and area requirements:

a.

Except as elsewhere specified herein, the lot yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614].

b.

Each district shall contain at least 25 acres.

(Amended by: Ord. No. 118, 5-8-00; Ord. No. 156, 10-10-16; Ord. No. 177, §§ 4, 12, 11-13-23; Ord. No. 183, §§ II, III, 6-9-25)

Sec. 4.14.

4.141. Description of district. The purpose of this district classification is to establish a zone where designated industrial activities may locate which produce a minimum amount of adverse effect on adjoining premises, which are more uniform in character and which provide for a higher quality industrial land use. In this regard, no building or premises shall be used and no building shall hereafter be erected or altered within an I-2 Industrial District unless otherwise provided in this Ordinance, except for one or more of the following uses and subject to the following conditions and limitations.

4.142. Permitted uses:

a.

Uses permitted in I-1.

b.

Wholesale distributor of goods and merchandise.

c.

Offices and office buildings.

d.

Essential services, municipal or public utility buildings.

e.

Fully enclosed warehouses.

f.

Industrial manufacturing operations and operations for the servicing, compounding, assembling or treatment of articles of merchandise.

g.

Accessory uses or buildings, when in accordance with the provisions of section 200.604.

h.

Signs, when in accordance with the provisions of section 200.602.

i.

Child care centers, or day care centers.

j.

Community buildings and public parks, playgrounds and other recreational areas.

k.

Lumber yard.

m.

Contractors work shops.

4.143. Special exception uses:

a.

Banks.

b.

Gas station.

c.

Service station.

d.

Convenience stores.

e.

Restaurant.

f.

Any industrial use which meets the intent and purpose of this district.

g.

Recycling center.

h.

Material recovery facility (M.R.F.).

i.

Telecommunication towers and antennas.

j.

Adult entertainment.

k.

Utility-scale solar energy electricity generating facility.

l.

Truck terminal.

4.144. Conditions and limitations:

a.

All operations must be carried on within fully enclosed buildings except for the following:

1.

Outdoor storage in the rear yard area of such buildings must not exceed 15 percent of the square-foot area of the principal building upon the premises. Such outdoor storage must be screened from adjoining premises and public streets. (See section 200.606 now)

2.

Delivery operations to and from said business which do not involve excessive noise, excessive fumes or any excessive nuisance to adjacent premises.

3.

Such outdoor storage or activities as may be allowed under special exception permit by the Planning Commission which may be granted by said commission where, in its discretion, the purposes of this district classification are still fully complied with and no greater adverse effect would result therefrom to adjoining premises.

b.

No building shall be located nearer than 100 feet from the property line abutting any public street not nearer than 25 feet from any interior, side, or rear property line or in accordance with section 13 [section 200.614]. Any building or structure which exceeds 35 feet in height as measured from the west abutting grade level shall be set back one additional foot for each foot of height in excess of 35 feet from all boundary lines of the site.

c.

Parking. See section 200.601.

d.

All land of any individual site in use hereunder, not occupied by buildings, structures, improved parking areas or storage areas shall be maintained in a neat and attractive manner, free of junk and debris.

e.

The principal building on the premises must not be less than 4,000 square feet in area.

f.

The total area of buildings on any individual site shall not exceed 30 percent of the total land area of such site refer to section 13 [section 200.614].

g.

No site shall be developed for use until a plan, drawn to scale, has been prepared and filed with the Township Building Department, showing the intended future development of all adjoining lands under ownership or control of the applicant and which were under the ownership or control of the predecessor entitled to said applicant, complying with the requirements of the "I-2" Industrial District Manufacturing Classification.

h.

No lighting shall be allowed which produces any unreasonable glare upon adjoining residential zones or premises, nor which in the opinion of the Zoning Board of Appeals would be a nuisance or annoyance to such adjoining premises.

i.

No exposed or outdoor loading and unloading docks or areas shall face any adjoining residential zone unless the same are screened therefrom by other buildings, structures, or natural screening adequate to obscure the view thereof from such adjoining residential area.

j.

Public water and sanitary sewer shall be utilized, if available. Surface drainage shall be through public storm sewers or shall be disposed of upon the site.

k.

No use shall be allowed which shall emanate noise, smoke, odor, dust, dirt, noxious gases, glare, heat, vibration or psychological ill effects to such an extent as will be a nuisance or annoyance to occupants of surrounding premises. (Fly ash in excess of .15 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit and smoke of density in excess of "Ringelman Chart No. 1" are hereby declared such a nuisance). The Planning Commission is hereby given the right and authority to determine any question of nuisance or annoyance which might arise hereunder, and such determination shall be conclusive.

l.

The Planning Commission is further hereby given the right and authority to grant permission for the establishment and operation of any use within this district, not expressly included within the permissible uses hereinbefore set forth but which shall, in the absolute discretion of said commission, comply with the spirit, intent and purpose of these provisions. As provided by statute, said Planning Commission shall further have the right and authority to interpret and construe the provisions of the "I-2" Industrial District as the same apply to any particular industry or trade operating or proposed to be established within such district. Such decision of said commission shall be conclusive.

(Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 130, 5-12-03; Ord. No. 177, § 5, 11-13-23; Ord. No. 183, § IV, 6-9-25)

Sec. 4.15.

4.151. Description of district. This district is composed of certain lands located along state highways, major county thoroughfares and railroad rights-of-way. The district is designed to provide land for activities of an industrial nature placing emphasis on the service type of industry as opposed to the manufacturing type of industry. Because of the nature of the district, it should be located so as to be least objectionable to adjoining commercial or residential uses.

4.152. Permitted uses:

a.

Uses permitted in I-1 and I-2.

b.

Machinery and equipment sales; indoors.

c.

[Repealed by Ord. No. 156, adopted October 10, 2016]

d.

Automobile repair garage.

e.

Construction and farm equipment sales.

f.

Contractor's equipment yard.

g.

Gasoline service station.

h.

Grain equipment and processing.

i.

Hardware and building supplies.

j.

Ice and cold storage plant.

k.

Lumber, fuel and feed yards.

l.

Machine shop.

m.

Public utility buildings and storage yards.

n.

Signs, when in accordance with the provisions of section 9.2. [Note: section 9.2 is now section 200.602]

o.

Storage and warehousing.

p.

Truck terminal, maintenance and service yard.

q.

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds, and other recreational areas.

r.

Accessory uses or buildings, when in accordance with the provisions of section 9.4. [Note: section 9.4 is now section 210.604].

4.153. Special exception uses:

a.

Junk yards, building material salvage yard.

b.

Ready-mix concrete and asphalt plants.

c.

Slaughter house.

d.

Any industrial use which meets the intent and purpose of this district which does not emanate noise, vibration, odor, smoke, liquid wastes, or light to such an extent as to be objectionable to surrounding properties.

e.

Telecommunication towers and antennas.

A determination of the Board of Appeals established under state statute and this Ordinance shall be conclusive on any question of nuisance, or objectionableness of any business or operations under the terms of this section.

4.154. Lot, yard and area requirements.Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in section 13. [Note: section 13 is now section 200.614]

(Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 156, 10-10-16)

Sec. 4.16.

4.161

Description of district. The establishment of this overlay district is to satisfy the requirements of 2006 P.A. 110, the Michigan Zoning Enabling Act. It requires that qualified townships provide, at the option of the landowner, for the clustering of residential units on a portion of the property provided that 50 percent or more of the land is preserved in permanent open space. This district is an overlay over those existing districts that have a residential density of three units per acre or less (with public sewer) or two units per acre or less (without public sewer). This shall be a development option for landowners within the following districts: "A-1", "A-2", "R-1", "R-2" and "R-3".

4.162

Permitted uses: All permitted residential uses within the underlying district are permitted within the "OSP" Overlay District. At the landowner's option, single family dwellings, shall be permitted within residential clusters subject to the following:

A.

Application procedure:

1.

An application shall be filed identifying the landowner's desire to exercise the open space preservation development option. With the application, the landowner shall submit a comparison plan that adheres to site development requirements for the underlying zoning district. This can be in the form of a proposed plat establishing lots, a land division plan creating parcels or a planned unit residential development creating sites and/or units. This comparison plan shall determine the number of dwelling units that can be developed within the open space preservation plan. This application and comparison plan may be reviewed administratively with the applicant prior to the submission of a site plan.

2.

A site plan, adhering to the standards within the ordinance, shall be submitted for review and approval by the Planning Commission. It shall be titled "Open Space Preservation Plan" and a copy of the comparison plan shall be included with the site plan. A copy of these documents shall also be submitted to the Kalamazoo County Human Services Department for its review and a copy of their report shall be submitted by the applicant to the Planning Commission.

3.

The Planning Commission shall review the site plan and determine compliance with the ordinance standards for: a) site plan review; b) requirements within the underlying zoning district; and c) requirements within this overlay district. They may approve the site plan as presented, approve subject to conditions or changes reflected in the motion to approve, table pending the submission of additional information, or deny the request based upon noncompliance with the ordinance standards.

4.

The applicant shall submit a time line for development and identify any phases that may require further Township review and approval. The Planning Commission may impose conditions on this development and in no case can required open space in each phase not meet a minimum of 50 percent of the area for that phase.

B.

Conditions for approval: The required conditions shall be based upon the layout and design of the dwelling units and preservation of the open space as follows:

1.

Layout/design provisions: The layout and design of the dwelling units shall be in a manner that achieves the greatest compatibility with surrounding land use and with the intent and purpose of this overlay district and the underlying zone. It shall balance what is economically feasible for efficient cluster development with the need to preserve the character of the area. Individual parcels, lots or sites within the residential cluster shall meet the following:

a.

(Lot) width: The parcels, lots, or sites (units) shall have a minimum lot width of no less than 50 percent of the lot width within the underlying zone or eighty (80) feet, whichever is greater.

b.

(Lot) area: The parcels, lots, or sites (units) shall have a minimum lot area of 25 percent of the lot area within the underlying zone or 8,000 square feet, whichever is greater.

c.

(Lot) coverage: The parcels, lots or sites (units) shall have a maximum lot coverage of 25 percent, including all accessory buildings.

d.

Floor area: The minimum floor area for the dwelling unit shall meet the minimum standard within the underlying zone.

e.

Yard/setback: The dwelling units shall meet the following setback provisions:

Front: 50 percent of the underlying zone but no less than 30 feet from the road right-of-way.

Side: 50 percent of the underlying zone but no less than ten feet.

Rear: 50 percent of the underlying zone but no less than 20 feet.

f.

Height: The maximum building height shall be the maximum height standard within the underlying zone.

2.

Open space provisions: The intent of this overlay district is to preserve the character of the area consistent with that of the underlying zone. In order to achieve this intent, the following conditions shall apply:

a.

In order to comply with the Act, the following definition shall be used to describe the nature of the open space to be preserved:

Undeveloped state: A natural state preserving natural resources, natural resources, natural features, or scenic or wooded conditions; agricultural use (A-1 and A-2 Districts only); open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, green way, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to use of the public.

b.

The applicant shall provide calculations for the open space areas and documentation of the means to preserve the open space, whether in the form of a conservation easement, deed restriction or similar method, and the party responsible for maintenance of the open space are. If proposed for dedication to the public, a letter of support from the public entity, indicating acceptance and responsibility for maintenance, shall be included with the application. A single entity, including, but not limited to, a sole owner, a private association, non-profit organization or a public body, shall have responsibility for maintaining the land in permanent open space.

c.

No part of the parcels, lots or sites shall be counted toward the open space, nor any land devoted to road right-of-ways or road easements or other impervious surfaces, other than those of a recreational nature (such as bike paths, tennis or basketball courts, or for pavilions or picnic shelters).

d.

The open space shall be arranged in a manner so that it is contiguous and accessible by residents within the residential cluster. It shall also be arranged to connect to other open space areas on adjoining properties and/or connected to possible pedestrian or non-motorized trails.

e.

The Planning Commission may consider the preservation of those areas where protection of the highest quality of natural resource is achieved. This includes areas of mature tree stands or forested areas, habitat areas for wildlife or similar areas that could otherwise be developed.

4.163

Special exception uses: No special exception use within the underlying zoning district shall be allowed unless such use is processed separately as a special exception use subject to review and approval.

4.164

Overall site development: The following regulations are based upon the relationship of the residential cluster(s) and the restricted open space to the adjoining properties, including the road right-of-way:

A.

Area, width and setback:

1.

Area: The minimum parcel area that may be considered for an open space development project is 20 acres.

2.

Width: The minimum width of the parcel that may be considered for an open space development project is 330 feet, with this measured as the frontage along a public road right-of-way.

3.

Cluster setback: The placement of any residential cluster, inclusive of the lots or sites under separate ownership, shall be setback no less than 100 feet from any existing public road right-of-way adjoining the open space preservation parcel. This area shall be included within the calculated open space and shall be connected to other open space areas or allow for connection through an access easement across lots or sites under separate ownership. The required setback from any other adjoining property line shall be a minimum of 50 feet exclusive of the required setback for building purposes. This 50-foot setback may be a part of the lot area and may be utilized for location of private water or wastewater systems or for easements for access or public utility purposes.

B.

Access: Access to the dwelling units within the residential cluster shall be in the form of a public road accepted by the Kalamazoo County Road Commission.

(Amended by: Ord. No. 129, 11-11-02; Ord. No. 133, 6-1-04; Ord. No. 139, § 6, 9-8-06; Ord. No. 156, 10-10-16)

Sec. 4.171.

1.171.

Description of district. This district is designed to recognize the historic mix of residential and nonresidential land uses found in the Scotts area. This district facilitates the continued small-town atmosphere by allowing for a variety of small-scale land uses. The district is not intended for the location of multiple retail tenant structures which could be classified as community wide or regional in scale.

1.172.

Permitted uses.

a.

Single-family and two-family dwellings and structures and uses normally auxiliary thereto.

b.

Publicly owned and operated buildings and uses including community centers, schools and parks.

c.

Houses of worship.

d.

Generally recognized retail businesses, which supply commodities on the premises, such as, but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware.

e.

Restaurants excluding drive-in or drive-through service.

f.

Private service clubs, fraternal organizations and clubs.

g.

Offices and office buildings.

h.

Eleemosynary, charitable and philanthropic institutions.

i.

Home occupations.

j.

Signs, when in accordance with the provisions of Section 6.2.

k.

Accessory uses or buildings, when in accordance with the provisions of Section 6.4.

l.

Family care home.

m.

Funeral homes.

14.173.

Special exception uses.

a.

Multi-family dwellings.

b.

Light industrial uses such as assembly or packaging of merchandise or previously prepared materials; exterior storage of product is prohibited.

c.

Brewpubs, wineries and distilleries.

d.

Event barns.

e.

Public utility buildings, telecommunication towers and antennas and structures necessary for the service of the community except that:

1.

There is no zoning restriction for utilities to be located in public streets or public rights-of-way.

2.

Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.

f.

Group care home.

g.

Gasoline service station.

1.174.

Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Section 6.14 and Section 12.1.

(Ord. No. 169, § III, 10-12-20)