Sec. 5.1.

A.

Except in mobile home parks, every dwelling hereafter erected or moved onto any premises shall comply with the following:

(1)

It complies with the minimum square footage requirements of this Ordinance for the zone in which it is located.

(2)

It has a minimum width across any front, side or rear elevation of 24 feet and complies in all respects with the Township building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Township building code, then and in that event such federal or state standard or regulations shall apply.

(3)

It is firmly attached to a permanent foundation constructed on the site in accordance with the Township building code and shall have a well of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a manufactured home, such dwelling be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

(4)

In the event that a dwelling is a mobile home, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, under carriage or chassis.

(5)

The dwelling is connected to a public sewer and water supply or to such private facilities approved by the local health department.

(6)

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(7)

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof over-hang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being in either the rear or side of the dwelling; and contains steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.

The compatibility of design and appearance shall be determined in the first instance by the Township Building Inspector upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 30 days from the receipt of notice of said Building Inspector's decision. Any determination of compatibility shall be based upon the standards set forth in this definition of "dwelling" as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the Township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(8)

The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(9)

The dwelling complies with all pertinent building and fire codes. In the case of a manufactured home, all construction and all plumbing, electrical apparatus and insulation within and connected to said manufactured home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(10)

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the Ordinance of the Township pertaining to such parks.

(11)

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Township building code provisions and requirements.

B.

[Deleted by Ord. No. 123, adopted November 12, 2001.]

(Ord. No. 123, 11-12-01)

Cross reference— Mobile home registry and inspection, Pt. 151.

Sec. 5.2

A.

Purpose. The intent of this section is to provide for consultation and cooperation between the land developer and the Pavilion Township Planning Commission in order that the developer may accomplish its objectives in the utilization of land consistent with the regulations of this zoning ordinance and with minimum adverse effect on the use of adjacent streets and highways and on existing and future uses in the immediate area and vicinity.

B.

Scope. The Building Inspector shall not issue a building permit for construction of any principal uses other than (1) single-family or two-family dwellings on individual lots; or (2) mobile home parks, until a site plan, submitted in accordance with this section, shall have been reviewed and approved by the Planning Commission or Zoning Administrator as may be allowed by this section. This review shall include all special exception uses in all districts and principal uses including, but not limited to, multiple family, office, commercial or industrial development.

C.

Optional sketch plan review. Preliminary sketches of proposed site and development plans may be submitted for review to the Planning Commission prior to final approval. The purpose of such procedure is to allow discussion between a developer and the Planning Commission to better inform the developer of the acceptability of his or her proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval. Such sketch plans shall include as a minimum the following:

1.

The name and address of the applicant, including the names and addresses of any officers of a corporation or partners of a partnership. If the applicant is not the property owner, the name and address of the property owner and the owner must sign the application;

2.

A legal description and zoning classification for the property;

3.

Sketch drawings showing tentative site and development plans.

The Planning Commission shall not be bound by any tentative approval given at this time.

CC.

Administrative review and approval. In lieu of site plan review conducted by the Planning Commission, the Zoning Administrator may review site plans or amendments to approved site plans if:

1.

Such plans relate to an expansion of an existing permitted use or a change from one permitted use to another permitted use and the proposed modification consists solely of the establishment or expansion of an accessory building or the proposed modification involves the expansion of a principal building by no more than 25 percent of the existing building's footprint, or 10,000 square feet, whichever is less.

2.

Such plan is a new site plan relating to a special exception use and the Planning Commission at the time of granting special exception use approval specified that site plan review of the special exception use could be conducted by the Zoning Administrator.

3.

Such plan is an amendment to a site plan for an existing special exception use and:

a.

There is no proposed change in use;

b.

Such amended plan satisfies all the conditions originally attached to special exception use approval; and

c.

The plan satisfies subsection (1) above.

The Zoning Administrator in conducting site plan review may waive one or more of the site plan informational requirements set forth in Section 5.2.D.3 if the Zoning Administrator determines, in his/her sole reasonable discretion, that the nature of the use or development, the subject property and/or the neighboring properties, makes the provision of such information unnecessary to determine whether the site plan satisfies the standards set forth in Section 5.2.F. A site plan shall, however, contain at a minimum the following information:

(1)

A north arrow and notation of the scale used.

(2)

All property lines shall be shown with their dimensions.

(3)

Location and dimensions of all existing and proposed structures on the subject property and any existing buildings on adjacent property within 50 feet of the subject property.

If the Zoning Administrator concludes that an application does not satisfy the standards for site plan approval, he/she shall communicate this to the applicant and give the applicant the opportunity to modify its application in a manner which the Zoning Administrator determines will satisfy the standards for site plan approval. If the applicant fails to make such modifications, then the Zoning Administrator shall forward the application to the Planning Commission for its approval or disapproval as the Planning Commission deems appropriate.

The above provisions for administrative site plan review shall in no way be deemed to deprive a Zoning Administrator of discretion to refer any site plan review application directly to the Planning Commission for its review and approval or denial.

D.

Application procedure. Requests for final site plan review shall be made by filing with the Township Clerk the following:

1.

A review fee as determined by resolution of the Township Board based upon the cost of processing the review and shall be on file with the Township Clerk for public information;

2.

Nine copies of the completed application form for site plan review that shall contain, as a minimum, the following:

a.

The name and address of the applicant;

b.

The legal description for the subject parcel of land;

c.

The area of the subject parcel of land stated in acres or, if less than one acre, in square feet;

d.

The present zoning classification of the subject parcel; and

e.

A general description of the proposed development.

3.

Nine copies of the proposed site plan which shall include as a minimum the following:

a.

A scale drawing of the site and proposed development at a scale of one inch = 20 feet to one inch = 100 feet;

b.

The date of the drawing and the name, telephone number and address of the applicant/owner/developer and the engineer, architect or surveyor who prepared the plans;

c.

The topography of the site and its relationship to adjoining land;

d.

The natural features and any existing manmade features;

e.

The locations, heights and size of structures and other important features and the dimensions between existing and proposed structures and setbacks required;

f.

The percentage of land covered by buildings and that reserved for open space;

g.

Lot coverage and dwelling unit density where pertinent;

h.

The location of public and private rights-of-way and easements contiguous to and within the proposed development which are planned to be continued, created, relocated, or abandoned, including grades and types of construction of those upon the site;

i.

Any curb-cuts, driving lanes, parking and loading areas and the dimensions of such;

j.

The location and type of drainage, sanitary sewers, storm sewers, and other utility mains and facilities;

k.

Any pedestrian walks, malls and recreation areas, emergency vehicle accessibility;

l.

A required landscape plan which includes both screening and fencing where required (including rubbish disposal facilities). The plan shall include the following:

1.

Both perimeter and interior landscaping of parking lot areas, with a 20-foot landscape strip established between a public road and any visible parking areas. This strip shall include at least one tree (at least six feet in height at the time of planting) planted along this strip for every 30 feet of public road frontage. Interior landscaping shall include at least 200 square feet of landscaping for every ten parking spaces. This can be arranged as parking islands or as landscaping between the principal building or parking area.

2.

In addition to the above requirements, the applicant shall screen or landscape areas within ten feet of any "R-1," "R-2" or "R-3" residential zone or where the property line is within 50 feet of any residential use. The applicant may propose opaque fencing of at least six feet in height, a berm with landscape plantings of at least six feet or a combination of fencing and landscaping to achieve the desired result, with this subject to review and approval by the Planning Commission.

m.

Any proposed earth changes and environmental impact of the project;

n.

Any signs and on-site illumination; and

o.

Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be demanded by any Township official regarding building and zoning approvals.

E.

Action on application and plans.

1.

Upon receipt of the application and plans, the Township Clerk shall record the date of the receipt thereof and transmit seven copies thereof to the Planning Commission; one copy to the Township Building and Zoning Inspector and one copy to the Township Engineer or Township Planner depending upon the scope of the plan.

2.

A review of the site plan shall be scheduled for the next regular meeting of the planning Commission provided the plan is received no less than 21 days prior to that meeting. This shall allow for the review by the Township Engineer and/or Township Planner and also allow for revisions to be made subject to those recommendations prior to the meeting.

3.

The applicant shall be notified of the date, time and place of the meeting on their application or be notified that the submitted site plan does not conform to the zoning ordinance provisions for the use or for site plan review.

4.

Following the meeting, the Planning Commission shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of the Township Zoning Ordinance and criteria therein contained. Any required modification or alteration shall be stated in writing, together with the reasons therefor, and delivered to the applicant. The Planning Commission may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the same have been included in revised plans by the applicant. The decision of the Planning Commission shall be made by said Board within 60 days of the initial review meeting. The site plan shall be approved if it contains the information required by the zoning ordinance and is in compliance with the ordinance, the conditions imposed pursuant to the ordinance, other applicable ordinances and state and federal law.

5.

Two copies of the approved final site plan with any required modifications thereon shall be maintained as part of the Township records for future review and enforcement. One copy shall be returned to the applicant. Each copy shall be signed and dated with the date of approval by the Chairman of the Planning Commission for identification of the finally approved plans. If any variances from the zoning ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variance duly signed shall also be filed with the Township records as a part of the site plan and delivered to the applicant for his information and direction.

F.

Criteria for review. In reviewing the application and site plan and approving, disapproving or modifying the same, the Planning Commission shall be governed by the following standards:

1.

That there is a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways and parking areas to assure the safety and convenience of pedestrian and vehicular traffic.

2.

That the buildings, structures and entry ways thereto proposed to be located upon the premises are so situated and designed as to minimize adverse effects therefrom upon owners and occupants of adjacent properties and the neighborhood.

3.

That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood or help control erosion or the discharge of storm waters.

4.

That any adverse effects of the proposed development and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing or landscaping.

5.

That all provisions of the Township Zoning Ordinances are complied with unless an appropriate variance therefrom has been granted by the Zoning Board of Appeals. The Planning Commission may waive some of the requirements under this section (Section 5.2 - site plan review).

6.

That the height and location of all portions of buildings and structures are accessible to available emergency vehicles and equipment.

7.

That the plan as approved is consistent with the intent and purpose of zoning to promote public health, safety, morals and general welfare; to encourage the use of lands in accordance with their character end adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation and other public requirements; and to conserve the expenditure of funds for public improvements and services, to conform with the most advantageous uses of land, resources and properties; to conserve property values and natural resources; and to give reasonable consideration to the character of a particular area, its peculiar suitability for particular uses and the general and appropriate trend and character of land, building and population development.

G.

Conformity to approved site plan. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan and any amendments thereto which have received the approval of the Planning Commission or Zoning Administrator. If construction and development does not conform with such approved plan, the approval thereof shall be forthwith revoked by the Building and Zoning Inspector of the Township by written notice of such revocation posted upon the premises involved and mailed to the [applicant] at their last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation. However, the Zoning Board of Appeals may, upon proper application of the developer and after a hearing, approve a modification in the site plan to coincide with the developer's construction provided such construction complies with the criteria contained in the site plan approval provisions and with the spirit, purpose and intent of the Township Zoning Ordinance. Approval of the site plan shall be valid for a period of one year after the date of approval. If a building permit has not been obtained and on-site development actually commenced within said one year, the site plan approval shall become void and new application for site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.

H.

Amendment to site plan. A proposed amendment, modification or alteration to a previously approved site plan shall be submitted to the Planning Commission for review unless such amendment does not relate to a change in use, whether permitted or by special exception, and does not alter the required parking or vehicular circulation (entrance or drive aisles). In such cases, a site plan amendment may be approved administratively by the Zoning Administrator.

I.

Appeal of final decision. An applicant may appeal the final decision of the Zoning Administrator to the Zoning Board of Appeals.

(Amended by: Ord. No. 128, 7-8-02; Ord. No. 147, § 3, 7-22-10; Ord. No. 173, § 5, 2-14-22)