Paw Paw Township City Zoning Code
ARTICLE 5
00 District Standards
§ 42-5.01 CSV Conservation (Open Space) District.
A.
Intent. The intent of this district is to implement the open space protection goals of the Township Master Plan. The district is designed to provide for the arrangement of land uses that are compatible with the conservation and preservation of large tracts of land that represent areas of desirable natural environment and should be minimally disturbed. Use of these areas will be generally limited to those allowed by state law. Single-family homes are intended to only be allowed on exceptionally large lots with adequate spacing and land area to adequately handle on-site septic tanks and wells. It is the intended goal of the Township to support application of voluntary conservation easements and to protect and preserve the large areas of open space within the district.
B.
Permitted uses:
(1)
Existing agricultural production. A parcel, or parcels of land under single ownership, of at least 10 acres in area may also be used for agricultural production, subject to the applicable provisions of the AGR District.
(2)
Single-family dwellings and seasonal dwelling units, when located on a parcel, or parcels of land under single ownership, of at least 10 acres in area, and not located within a floodplain or regulated wetland.
(3)
Those uses permitted under the provisions of the Natural Resources and Protection Act, Michigan Public Act 451 of 1994, as amended.[1]
[1]
Editor's Note: See MCL § 324.101 et seq.
(4)
Public, semipublic or private nature preserves and conservation areas, when located on a parcel, or parcels of land under single ownership, of at least 10 acres in area. Smaller parcels that are contiguous to land governed by a conservation easement may be approved by the Zoning Board of Appeals.
(5)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2]
[2]
Editor's Note: See MCL § 722.111 et seq.
(6)
Foster care (small group) facilities.
(7)
Minor home occupations. (See § 42-8.17.)
(8)
Roadside stands. (See § 42-8.25.)
(9)
Open space preservation developments. (See § 42-8.21.)
(10)
Clustered land developments. (See § 42-8.05.)
(11)
Wireless communications facilities. (See § 42-8.30.)
(12)
Solar panels. (See § 42-8.26.)
(13)
Wind energy systems. (See § 42-8.29.)
(14)
Accessory uses or buildings. (See § 42-8.01.)
C.
Special land uses:
(1)
Nonintensive recreation facilities related to the natural environment, including campgrounds, hunting/fishing reservations, and water-related activity sites, when on a parcel, or parcels of land under single ownership, of at least 10 acres in area. (See § 42-8.04.)
(2)
Cemeteries.
(3)
Outdoor recreational facilities, including golf courses, country clubs, hunt clubs and gun clubs. (See § 42-8.22.)
(4)
Major home occupations. (See § 42-8.14.)
(5)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(6)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(7)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference, are prohibited.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
(1)
Lot area. A minimum lot area of 10 acres is required, except as provided herein:
(a)
Existing parcels of less than 10 acres. All parcels of land legally established and recorded with the Register of Deeds of Van Buren County having less than 10 acres of land area shall be entitled to one dwelling unit land division right, provided the location of said dwelling unit is in compliance with applicable requirements of this district, unless varied by the Zoning Board of Appeals pursuant to Article 11.00.
(b)
Parcels of 10 acres or greater. Parcels of land legally established and recorded with the Register of Deeds of Van Buren County having 10 acres or greater of land area shall be entitled to dwelling unit land division rights such to allow one dwelling unit for each 10 acres of land area.
(c)
Abutting properties in common ownership. Where the owner(s) of individual abutting properties held in common ownership (a tract being two or more parcels having common property lines as defined by Michigan Public Act 288 of 1967, as amended - Land Division Act[3]) wish to have dwelling unit division rights assigned to the abutting parcels of land as a single parcel, the number of dwelling unit land divisions shall be computed based on the total land area divided by 10 acres rounded to the nearest whole number.
[3]
Editor's Note: See MCL § 560.101 et seq.
(2)
Alternative lot area requirements.
(a)
Land division rights shall be assigned to a parcel of land no less than two acres in land area that complies with the dimensional requirements of the ARR District (Article 11.00) for the specific purpose of creating a "lot split" in compliance with the Michigan Public Act 288 of 1967, as amended - Land Division Act[4] and the Paw Paw Township Land Division Ordinance.[5]
[4]
Editor's Note: Editor's Note: See MCL § 560.101 et seq.
[5]
Editor's Note: See Ch. 34, Subdivisions.
(b)
An application for said land division may be submitted to the Township by the landowner. Said application shall include a site plan having sufficient information, as determined by the Zoning Administrator, to define the location, lot size and total area of the proposed lots to be assigned the dwelling unit land division rights.
(c)
Upon determination that the application fulfills the requirements of the Township's Land Division Ordinance,[6] the application shall be transmitted to the Planning Commission for review and recommendation to the Township Board for approval.
[6]
Editor's Note: Editor's Note: See Ch. 34, Subdivisions.
(3)
Prohibition of further land divisions. The application for use of dwelling unit land division rights shall include a legal document that indicates the availability or unavailability of further dwelling unit land division rights for approval by the Township Attorney prior to receiving Township Board approval and shall be recorded with the Register of Deeds of Van Buren County.
(4)
Tenure of assigned rights. Dwelling unit land division rights granted pursuant to this section shall remain in full force and effect until either:
(a)
The Township Board, upon recommendation of the Planning Commission, changes the zoning district designation of the subject property.
(b)
The landowner obtains approval of a cluster development pursuant to the provisions of Article 8.00.
(c)
The Township Board, upon recommendation of the Planning Commission, changes the minimum lot size provision of this zoning district.
§ 42-5.02 AGR Agricultural (Farmland Protection) District.
A.
Intent. The intent of this district is to implement the farmland protection goals of the Township Master Plan. The Township has extensive agricultural areas that are important to the local economy of Paw Paw and to the rural character of the area. This district is designed to preserve and encourage the continuance of agricultural and related activities to the exclusion of nonagricultural uses to the extent possible. Nonagricultural uses will be allowed only under applicable conditions in those locations where they would least conflict with agricultural operations. It is the intended goal of the Township to support the use of voluntary conservation easements to protect and preserve large tracts of farmland within this district.
B.
Permitted uses:
(1)
Agricultural production, together with farm dwellings and buildings and other installations associated with such agricultural production. More than one dwelling unit may be permitted as living quarters on a farm for the owner's immediate family or for farm employees.
(2)
Single-family dwellings.
(3)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[1]
[1]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(4)
Foster care (small group) facilities.
(5)
Minor home occupations. (See § 42-8.17.)
(6)
Greenhouses and nurseries.
(7)
Public, semipublic or private nature preserves and conservation areas.
(8)
Cemeteries.
(9)
Roadside stands. (See § 42-8.25.)
(10)
Farm markets. (See § 42-8.09.)
(11)
On-farm biofuel production facilities (Type I).
(12)
Horse boarding or riding stables, including outdoor riding areas.
(13)
Private airfields or aircraft landing strips, subject to compliance with all applicable federal, state and local regulations and codes.
(14)
Private shooting ranges.
(15)
Wireless communications facilities. (See § 42-8.30.)
(16)
Solar panels. (See § 42-8.26.)
(17)
Wind energy systems. (See § 42-8.29.)
(18)
Accessory uses or buildings. (See § 42-8.01.)
(19)
Accessory dwelling units (See § 42-8.01.1).
[Added 10-12-2020 by Ord. No. 271]
C.
Special land uses:
(1)
Processing of agricultural products, including fruit packing plants. Slaughterhouses are not allowed.
(2)
Sales and distribution facilities of agriculturally related products, such as bulk feed, fertilizer, and seed.
(3)
Commercial grain elevators, for storage, drying and sales of agricultural products.
(4)
Truck and cartage facilities for hauling agricultural products.
(5)
On-farm biofuel production facilities (Type II or Type III).
(6)
Sales and service of farm machinery.
(7)
Veterinary clinics.
(8)
Commercial shooting ranges.
(9)
Microbreweries, wineries (including cideries) and distilleries. (See § 42-8.15.)
(10)
Special event facilities. (See § 42-8.28.)
(11)
Major home occupations. (See § 42-8.14.)
(12)
Clustered land developments. (See § 42-8.05.)
(13)
[2]Processor facilities, when located on the same site as a grower facility. (See § 42-8.07.)
[2]
Editor's Note: Former Subsection C(13), regarding grower facilities, as amended, was repealed 6-12-2023 by Ord. No. 285. This ordinance also renumbered former Subsection C(14) through (18) as Subsection C(13) through (17), respectively.
(14)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(15)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(16)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference, are prohibited.
(17)
Solar farms. (See § 42-8.27.)
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
(1)
Lot area. A minimum lot area of 10 acres is required, except as provided herein:
(a)
Existing parcels of less than 10 acres. All parcels of land legally established and recorded with the Register of Deeds of Van Buren County having less than 10 acres of land area shall be entitled to one dwelling unit land division right, provided the location of said dwelling unit is in compliance with applicable requirements of this district, unless varied by the Zoning Board of Appeals pursuant to Article 11.00.
(b)
Parcels of 10 acres or greater. Parcels of land legally established and recorded with the Register of Deeds of Van Buren County having 10 acres or greater of land area shall be entitled to dwelling unit land division rights such to allow one dwelling unit for each 10 acres of land area.
(c)
Abutting properties in common ownership. Where the owner(s) of individual abutting properties held in common ownership (a tract being two or more parcels having common property lines as defined by Michigan Public Act 288 of 1967, as amended - Land Division Act[3]) wish to have dwelling unit division rights assigned to the abutting parcels of land as a single parcel, the number of dwelling unit land divisions shall be computed based on the total land area divided by 10 acres rounded to the nearest whole number.
[3]
Editor's Note: See MCL § 560.101 et seq.
(2)
Alternative lot area requirements.
(a)
Land division rights shall be assigned to a parcel of land no less than two acres in land area that complies with the dimensional requirements of the ARR District (Article 11.00) for the specific purpose of creating a "lot split" in compliance with the Michigan Public Act 288 of 1967, as amended - Land Division Act[4] and the Paw Paw Township Land Division Ordinance.[5]
[4]
Editor's Note: See MCL § 560.101 et seq.
[5]
Editor's Note: Editor's Note: See Ch. 34, Subdivisions.
(b)
An application for said land division may be submitted to the Township by the landowner. Said application shall include a site plan having sufficient information, as determined by the Zoning Administrator, to define the location, lot size and total area of the proposed lots to be assigned the dwelling unit land division rights.
(c)
Upon determination that the application fulfills the requirements of the Township's Land Division Ordinance,[6] the application shall be transmitted to the Planning Commission for review and recommendation to the Township Board for approval.
[6]
Editor's Note: Editor's Note: See Ch. 34, Subdivisions.
(3)
Prohibition of further land divisions. The application for use of dwelling unit land division rights shall include a legal document that indicates the availability or unavailability of further dwelling unit land division rights for approval by the Township Attorney prior to receiving Township Board approval and shall be recorded with the Register of Deeds of Van Buren County.
(4)
Tenure of assigned rights. Dwelling unit land division rights granted pursuant to this section shall remain in full force and effect until either:
(a)
The Township Board, upon recommendation of the Planning Commission, changes the zoning district designation of the subject property.
(b)
The landowner obtains approval of a cluster development pursuant to the provisions of Article 8.00.
(c)
The Township Board, upon recommendation of the Planning Commission, changes the minimum lot size provision of this zoning district.
(5)
Right to farm. It is the intent of this zoning district to both govern and protect agricultural land, building and structural uses in accordance with the provisions of Michigan Public Act 240 of 1967, as amended (Right to Farm Act)[7] when such operations are compliant with generally accepted agricultural management practices as established by the Michigan Department of Agriculture. All legal nonconforming agricultural uses included in the Act shall be governed by the provisions of this chapter to the extent that they are not in conflict with the provisions of the Act. In which case, the provisions of the Act shall prevail.
(a)
The Zoning Administrator may approve upon application by a property owner a land division of not less than two acres nor more than five acres of land having a minimum of 200 feet of road frontage when the intent of the division is to allow the sale of a farm homestead when the remaining portion of the farm is intended to be consolidated into another active farm operation. The goal of this provision is to allow the purchaser of an active farm the opportunity to consolidate the active farmland into a single farming operation and to separate off the farm homestead. The Zoning Administrator may refer the approval of the proposed land division to the Planning Commission.
(b)
An original farm homestead (defined as the dwelling of the owner/farm operator) existing on the date of adoption of this chapter may be divided from the farm operations upon approval of the Planning Commission provided the land division is not less than two acres of land, has a minimum of 200 feet of road frontage, and meets lot coverage and yard/setback requirements.
[7]
Editor's Note: See MCL § 286.471 et seq.
(6)
The Planning Commission may waive the maximum front setback or approve an increase to the maximum front setback for dwellings and accessory buildings through the special land use process. In addition to special land use standards of approval, the following factors shall be considered:
[Added 9-13-2021 by Ord. No. 274]
(a)
The building placement does not significantly limit or restrict the agricultural productivity of the parcel, if applicable.
(b)
The building placement is not anticipated to be significantly impacted by the agricultural practices of abutting farm operations.
(c)
The building placement does not cause compatibility issues with dwellings in the nearby vicinity.
(d)
The building placement does not result in a visible impact that is overly obtrusive from nearby conforming dwellings.
§ 42-5.03 ARR Agricultural - Rural Residential District.
A.
Intent. This district is composed of land in the rural areas of the Township where land use consists primarily of farms, residential dwellings and other compatible rural activities. It is the intent of this district to preserve the rural character of these areas, while encouraging the preservation of active agriculture, sensitive environmental features, and large open spaces within the Township. It is designed to allow low-density, rural residential development and promote the preservation of large tracts of land for agriculture and conservation. This district is intended to further the goals and objectives of the Paw Paw Township Master Plan on the preservation of rural character, open space and natural resources.
B.
Permitted uses:
(1)
Agricultural production, together with farm dwellings and buildings and other installations associated with such agricultural production. More than one dwelling unit may be permitted as living quarters on a farm for the owner's immediate family or for farm employees.
(2)
Single-family dwellings.
(3)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[1]
[1]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(4)
Foster care (small group) facilities.
(5)
Minor home occupations. (See § 42-8.17.)
(6)
Greenhouses and nurseries.
(7)
Public, semipublic or private nature preserves and conservation areas.
(8)
Cemeteries.
(9)
Roadside stands. (See § 42-8.25.)
(10)
Farm markets. (See § 42-8.09.)
(11)
On-farm biofuel production facilities (Type I).
(12)
Horse boarding or riding stables, including outdoor riding areas.
(13)
Private airfields or aircraft landing strips, subject to compliance with all applicable federal, state and local regulations and codes.
(14)
Wireless communications facilities. (See § 42-8.30.)
(15)
Solar panels. (See § 42-8.26.)
(16)
Wind energy systems. (See § 42-8.29.)
(17)
Accessory uses or buildings. (See § 42-8.01.)
(18)
Accessory dwelling units (See § 42-8.01.1).
[Added 10-12-2020 by Ord. No. 271]
C.
Special land uses:
(1)
Processing of agricultural products, including fruit packing plants. Slaughterhouses are not allowed.
(2)
Sales and distribution facilities of agriculturally related products, such as bulk feed, fertilizer, and seed.
(3)
Grain elevators, for storage, drying and sales of agricultural products.
(4)
Truck and cartage facilities for hauling agricultural products.
(5)
On-farm biofuel production facilities (Type II or Type III).
(6)
Sales and service of farm machinery.
(7)
Kennels. (See § 42-8.13.)
(8)
Veterinary clinics.
(9)
Microbreweries, wineries (including cideries) and distilleries. (See § 42-8.15.)
(10)
Hunt clubs or gun clubs.
(11)
Special event facilities. (See § 42-8.28.)
(12)
Campgrounds. (See § 42-8.04.)
(13)
Outdoor recreational facilities, including golf courses, country clubs, organized camps and other similar facilities. (See § 42-8.22.)
(14)
Group child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2] (See § 42-8.06.)
[2]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(15)
Major home occupations. (See § 42-8.14.)
(16)
Open space preservation developments. (See § 42-8.21.)
(17)
Clustered land developments. (See § 42-8.05.)
(18)
[3]Processor facilities, when located on the same site as a grower facility. (See § 42-8.07.)
[3]
Editor's Note: Former Subsection C(18), regarding grower facilities, as amended, was repealed 6-12-2023 by Ord. No. 285. This ordinance also renumbered former Subsection C(19) through (23) as Subsection C(18) through (22), respectively.
(19)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(20)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(21)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.
(22)
Solar farms. (See § 42-8.27.)
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
§ 42-5.04 LDR Low Density Residential District.
A.
Intent. The purpose of this district is to provide for single-family residential development of spacious character, together with uses that are normally compatible and supportive to the residents living within the district. This district is directed to lands located in developed or developing areas where appropriate land use relationships and natural resource/open space protection can be achieved. This district is intended to further the goals and objectives for low-density residential land use in the Paw Paw Township Master Plan.
B.
Permitted uses:
(1)
Single-family dwellings.
(2)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[1]
[1]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(3)
Foster care (small group) facilities.
(4)
Minor home occupations. (See § 42-8.17.)
(5)
Wireless communications facilities. (See § 42-8.30.)
(6)
Solar panels. (See § 42-8.26.)
(7)
Accessory uses or buildings. (See § 42-8.01.)
(8)
Accessory dwelling units (See § 42-8.01.1).
[Added 10-12-2020 by Ord. No. 271]
C.
Special land uses:
(1)
Open space preservation developments. (See § 42-8.21.)
(2)
Clustered land developments. (See § 42-8.05.)
(3)
Planned unit developments. (See § 42-8.24.)
(4)
Group child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2] (See § 42-8.06.)
[2]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(5)
Churches.
(6)
Public and private schools.
(7)
Golf courses and country clubs. (See § 42-8.22.)
(8)
Nonprofit recreational, health, educational and social facilities.
(9)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(10)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(11)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference, are prohibited.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The special land uses allowed by § 42-5.04C shall be subject to the following:
(a)
The proposed site shall be provided frontage on a paved public road.
(b)
The proposed site shall be provided direct access from the abutting paved public road.
(c)
A 100-foot setback shall be provided from each property line, including the waterfront.
§ 42-5.05 WFR Waterfront Area District.
A.
Intent. The purpose of this district is to provide for single-family residential development, together with uses that are normally compatible and supportive to the residents living within areas adjacent to lakes and other surface water features. Development standards within this district are designed to sustain safe and healthful on-site or common water and sanitary sewer systems. This district is intended to further the goals and objectives for waterfront residential land use in the Paw Paw Township Master Plan.
B.
Permitted uses:
(1)
Single-family dwellings.
(2)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[1]
[1]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(3)
Foster care (small group) facilities.
(4)
Minor home occupations. (See § 42-8.17.)
(5)
Wireless communications facilities. (See § 42-8.30.)
(6)
Solar panels. (See § 42-8.26.)
(7)
Accessory uses or buildings. (See § 42-8.01.)
(8)
Accessory dwelling units (See § 42-8.01.1).
[Added 10-12-2020 by Ord. No. 271]
C.
Special land uses:
(1)
Open space preservation developments. (See § 42-8.21.)
(2)
Clustered land developments. (See § 42-8.05.)
(3)
Planned unit developments. (See § 42-8.24.)
(4)
Group child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2] (See § 42-8.06.)
[2]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(5)
Churches.
(6)
Public and private schools.
(7)
Golf courses and country clubs. (See § 42-8.22.)
(8)
Resorts and inns, where a minimum of 10 acres and 400 feet of waterfront are provided.
(9)
Concessions for boating, fishing and water sports, where a minimum of five acres and 200 feet of waterfront are provided.
(10)
Nonprofit recreational, health, educational and social facilities.
(11)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(12)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(13)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The special land uses allowed by § 42-5.05C shall be subject to the following:
(a)
The proposed site shall be provided frontage on a paved public road.
(b)
The proposed site shall be provided direct access from the abutting paved public road.
(c)
A 100-foot setback shall be provided from each property line, including the waterfront.
(2)
All waterfront properties shall be subject to the waterfront regulations set forth in Article 9.00.
§ 42-5.06 VE Village Edge Medium-High Density Mixed Use District.
A.
Intent. This district provides opportunities for a wider variety of housing types, as well as variations in density and housing arrangements. Lands within this district will be allowed the most intensive residential development, as well as other residential-related development. This district will be directed to the areas within the Township that surround the Village of Paw Paw to serve as a transition from the rural landscape of the Township to the "small town" atmosphere of the Village. This area of "transition" will provide a mixture of housing options in locations close to areas of commerce and employment and avoid random residential sprawl and the loss of valuable farmland in the Township. This district is intended to further the goals and objectives for medium-high density and multiple-family residential land use in the Paw Paw Township Master Plan.
B.
Permitted uses:
(1)
Single- and two-family dwellings.
(2)
Multiple-family dwellings, including three- and four-unit dwellings, attached single-family dwellings, townhouses, row housing and other similar residential building types, not to exceed eight units per acre. (See § 42-8.19.)
(3)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[1]
[1]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(4)
Foster care (small group) facilities.
(5)
Minor home occupations. (See § 42-8.17.)
(6)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(7)
Wireless communications facilities. (See § 42-8.30.)
(8)
Solar panels. (See § 42-8.26.)
(9)
Accessory uses or buildings. (See § 42-8.01.)
(10)
Accessory dwelling units (See § 42-8.01.1).
[Added 10-12-2020 by Ord. No. 271]
C.
Special land uses:
(1)
Bed-and-breakfast inns. (See § 42-8.02.)
(2)
Cemeteries.
(3)
Churches.
(4)
Public and private schools.
(5)
Open space preservation developments. (See § 42-8.21.)
(6)
Clustered land developments. (See § 42-8.05.)
(7)
Planned unit developments. (See § 42-8.24.)
(8)
Group child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2] (See § 42-8.06.)
[2]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(9)
Child-care centers or day-care centers. (See § 42-8.06.)
(10)
Foster care (large group) facilities. (See § 42-8.11.)
(11)
Care homes.
(12)
Hospitals or medical clinics.
(13)
Boarding or lodging houses. (See § 42-8.03.)
(14)
Bed-and-breakfast inns. (See § 42-8.02.)
(15)
Nonprofit recreational, health, educational and social facilities.
(16)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(17)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The special land uses allowed by § 42-5.06C shall be subject to the following:
(a)
The proposed site shall be provided frontage on a paved public road.
(b)
The proposed site shall be provided direct access from the abutting paved public road.
§ 42-5.07 MHR - Mobile Home Residential District.
A.
Intent. This district provides an area in the Township where mobile homes can be located in parks, subdivisions or on metes and bounds lots and parcels, exclusively for the purpose of providing families who prefer this type of housing to conventional-built housing and further to provide for others seeking such housing to assemble in the same district. This district is intended to further the goals and objectives for mobile home residential development in the Paw Paw Township Master Plan.
B.
Permitted uses:
(1)
State-licensed mobile home parks per Michigan Public Act 96 of 1987, as amended (Mobile Home Park Commission Act[1]), located on a parcel having at least 15 usable acres for mobile home sites.
[1]
Editor's Note: See MCL § 125.2301 et seq.
(2)
Single-family mobile homes on lots which meet the requirements of the construction standards established by the "Mobile Home Construction and Safety Standards."[2]
[2]
Editor's Note: See 24 CFR 3280.
(3)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[3]
[3]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(4)
Foster care (small group) facilities.
(5)
Minor home occupations. (See § 42-8.17.)
(6)
Major home occupations within existing single-family homes. (See § 42-8.14.)
(7)
Accessory uses or buildings. (See § 42-8.01.)
C.
Special land uses:
(1)
Public and private schools.
(2)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(3)
Nonprofit recreational, health, educational and social facilities.
(4)
Churches.
(5)
Golf courses and country clubs. (See § 42-8.22.)
(6)
Child-care centers or day-care centers. (See § 42-8.06.)
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The special land uses allowed by § 42-5.07C shall be subject to the following:
(a)
The proposed site shall have at least one property line abutting a paved road, except a minor road having conventional single-family housing fronting upon it.
(b)
The proposed site shall be provided direct access from the abutting paved road.
(c)
Front, waterfront, side and rear yards shall be set back at least 50 feet, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to screen the use from abutting residential lots and parcels.
F.
Additional requirements.
(1)
The following regulations shall govern mobile homes located outside of a state-licensed mobile home park either on mobile home subdivision lots or metes and bounds lots or parcels:
(a)
A zoning permit for the placement thereof shall be obtained from the Zoning Administrator, accompanied by a nonrefundable permit fee as specified in the Township Fee Schedule.[4]
[4]
Editor's Note: Said schedule is on file in the Township offices.
(b)
Each mobile home, its placement and the lot upon which it is to be located, shall meet all requirements relating to use, size of lot, floor area, setback, side yard and rear yard requirements specified for the MHR Zoning District.
(c)
Each mobile home shall be connected to potable water and sanitary sewage disposal facilities approved by the Van Buren County Health Department. If public water and sanitary sewage disposal facilities are available to a lot upon which a mobile home is to be located, the mobile home shall be connected to them.
(d)
Each mobile home shall be installed pursuant to the provision of the Michigan Construction Code and regulations of the Michigan Mobile Home Commission. Placement of a mobile home shall begin only after a zoning permit has been obtained in accordance with this chapter.
(e)
Construction of a mobile home, and all plumbing, electrical apparatus, and insulation within and connected to a mobile home shall be of a type and quality conforming to the most recent requirements and standards of the United States Department of Housing and Urban Development's "Mobile Home Construction and Safety Standards," as amended.[5]
[5]
Editor's Note: See 24 CFR 3280.
(f)
Each mobile home shall meet or exceed all wind and snow roof loads and other strength requirements of the United States Department of Housing and Urban Development's "Mobile Home Construction and Safety Standards," as amended.[6]
[6]
Editor's Note: See 24 CFR 3280.
(g)
No person shall occupy a mobile home as a dwelling until a certificate of zoning compliance has been issued by the Zoning Administrator. The certificate shall indicate satisfactory compliance with all requirements of this chapter and the construction code in effect in the Township. No such permit shall be issued for occupancy of any mobile home not bearing the appropriate identification plate indicating that the mobile home was constructed in compliance with applicable Michigan Construction Code and the "Mobile Home Construction and Safety Standards"[7] of the United States Department of Housing and Urban Development.
[7]
Editor's Note: See 24 CFR 3280.
§ 42-5.08 NCC Neighborhood Convenience Commercial District.
A.
Intent. This district is intended to accommodate the limited establishment of small neighborhood commercial centers at designated locations within the Township that are designed to provide services in a manner convenient to surrounding residential areas. These regulations are intended to provide standards of use and design that ensure compatibility with adjacent rural land use and nearby residential properties. This district is intended to further the goals and objectives of the Paw Paw Township Master Plan for commercial land use.
B.
Permitted uses:
(1)
Single- and two-family dwellings.
[Added 2-13-2023 by Ord. No. 283[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection B(1) through (7) as Subsection B(2) through (8), respectively.
(2)
Single- and two-family dwellings, when located on the same lot or within the development area of a special land use allowed by § 42-5.08C, subject to the site plan review requirements of § 42-11.02.
(3)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2]
[2]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(4)
Foster care (small group) facilities.
(5)
Minor home occupations. (See § 42-8.17.)
(6)
Wireless communications facilities. (See § 42-8.30.)
(7)
Solar panels. (See § 42-8.26.)
(8)
Accessory uses or buildings. (See § 42-8.01.)
C.
Special land uses:
(1)
Bed-and-breakfast inns. (See § 42-8.02.)
(2)
Retail establishments which supply commodities on the premises such as, but not limited to, groceries, baked goods, pharmaceuticals, and clothing.
(3)
Service establishments such as, but not limited to, a photographic studio, flower shop, beauty salon or barber shop, and photocopy shop.
(4)
Business establishments such as, but not limited to, a bank, insurance office, and real estate office.
(5)
Professional services such as, but not limited to, legal, financial, and similar allied professional.
(6)
Restaurants.
(7)
Gasoline sales.
(8)
Mixed-use establishments, allowing both permitted and special land uses within the same building.
(9)
Microbreweries, wineries (including cideries) and distilleries. (See § 42-8.15.)
(10)
Outdoor sales or activities accessory to a permitted or special land use. (See § 42-8.23.)
(11)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(12)
Provision centers (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(13)
Marihuana microbusinesses (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(14)
Processor facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(15)
Secure transport facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(16)
Safety compliance facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Site development standards.
(1)
District boundaries. Each area occupied by the NCC District shall not be greater than two contiguous acres in size and shall be provided frontage on a county-designated primary road.
(2)
Dimensional requirements. All Zoning Ordinance dimensional requirements for the zoning district shall apply, unless specifically reduced by the Planning Commission upon a finding that the reduction meets the purpose of the district to provide for compatibility of design and use between neighboring properties and complies with the intent of the special land use provisions set forth in Article 7.00. Such a dimensional reduction is not subject to variance approval or further relief by the Zoning Board of Appeals.
(3)
Lot coverage:
(a)
The total improved area of each lot shall not occupy more than 50% of the lot area unless specifically reduced by the Planning Commission upon a finding that the reduction meets the purpose of the overlay district to provide for compatibility of design and use between neighboring properties and complies with the intent and purpose of the special land use provisions set forth in Article 7.00. Such a dimensional reduction is not subject to variance approval or further relief by the Zoning Board of Appeals.
(b)
For purposes of this district, "improved area" shall include the portion of a lot that is covered by buildings and hard-surfaced areas, such as drives, parking areas, and sidewalks.
(4)
Access. Shared access between lots through shared driveways, driveway placement or closure of any existing driveway so as to facilitate future shared access between lots shall be encouraged where feasible and appropriate.
(5)
Parking:
(a)
Except as specified herein, parking for motor vehicles shall be in accordance with § 42-9.12.
(b)
Parking layouts designed to allow for shared access and shared parking with adjacent properties will be encouraged where feasible and appropriate.
(c)
An overlap in parking requirements between uses that have alternating peak parking demands may be allowed where shared or common parking facilities are provided.
(6)
Architectural design features:
(a)
Building architecture shall be compatible with the character of the surrounding area, including, but not limited to, roofline, exterior materials, building height, orientation and facade.
(b)
Elevation drawings shall be submitted with the site plan for consideration during the special land use approval process.
(7)
Lighting. Outdoor lighting shall be in accordance with § 42-9.13.
(8)
Signs. Signs are allowed in the district as provided by § 42-9.18.
(9)
Landscaping:
(a)
Green space shall be established along the perimeters of the lot to establish a continuity of natural areas along the abutting street and between adjacent residential properties.
(b)
Screening shall be established along property lines abutting an existing residential use if determined to be necessary to minimize any impacts. Screening shall be accomplished through the siting of land uses, maximizing existing screens or land cover, or providing new screens consistent with § 42-9.17.
(c)
Landscaping shall be provided on site and in internal areas of parking lots to provide shade, visual relief, and vehicular/pedestrian separation.
(10)
Unimproved areas.
(a)
Unimproved areas shall be designed to achieve the following:
[1]
Screen undesirable views.
[2]
Complement building form.
[3]
Mitigate impacts from lighting and noise.
(b)
For purposes of this district, "unimproved areas" shall include that portion of the lot that is not covered by buildings and hard-surfaced areas, such as drives, parking areas, and sidewalks.
(11)
Stormwater management. Stormwater management systems shall be designed to achieve compliance with § 42-9.06 and are required to:
(a)
Incorporate and/or use natural drainage systems existing on the site.
(b)
Protect the surrounding natural environment.
(c)
Retain the natural retention and storage capacity of any wetland or waterway.
(d)
Not increase flooding or the possibility of polluting surface water or groundwater.
§ 42-5.09 G-PUD Gateway Planned Unit Development District.
 |
A.
Intent. The purposes of this district are to:
(1)
Permit greater flexibility in the regulation of land and encourage creative and imaginative design in development through the use of planned unit development legislation, as authorized by the Michigan Zoning Act (Public Act 110 of 2006, as amended).[1]
[1]
Editor's Note: See MCL § 125.3101 et seq.
(2)
Provide for a harmonious mixture of housing choices with the integration of retail/service establishments, civic and cultural facilities, and recreational opportunities.
(3)
Ensure a high quality appearance for development and redevelopment and promote appropriate building scale; pedestrian-friendly design; side and rear yard parking arrangements; active streetscapes; and a proper transition to the downtown area.
(4)
Provide functional, visual and definable connectivity to the downtown area from the community gateways.
(5)
Provide an aesthetic that is inviting and oriented around announcing entrance into the core of the Paw Paw community.
(6)
Further the vision and redevelopment strategies for the gateway areas set forth in the Paw Paw Township Master Plan.
B.
Applicability.
(1)
The Gateway PUD District is intended to apply to the North Gateway into the downtown area of Paw Paw. The North Gateway includes all parcels abutting North Kalamazoo Street from 51st Street south to the southern boundary of Paw Paw Township.
(2)
The Gateway PUD District boundary defines a gateway area along the North Kalamazoo Street gateway corridor and is generally consistent with the gateway identified in the Paw Paw Township Master Plan.
(3)
The Gateway PUD District sets forth use and design standards that are specific to the gateway area, as well as streetscape standards intended to apply similarly to all of the gateways.
(4)
Buildings existing within the Gateway PUD District prior to (date of adoption) shall not be subject to the building design standards set forth herein.
(5)
Any expansion or modification to an existing or approved use, building, or site that requires site plan review by the Planning Commission pursuant to § 42-11.02 shall be subject to the requirements of the Gateway PUD District.
(6)
Any new development shall be subject to the requirements of the Gateway PUD District.
(7)
A site plan shall be submitted in accordance with § 42-11.02 for all permitted uses. All special land uses shall be subject to the special land use permit requirements set forth in § 42-7.02.
C.
Planned unit development provisions - North Gateway.
(1)
Permitted uses:
(a)
Single and two-family dwellings.
(b)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[2]
[2]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(c)
Foster care (small group) facilities.
(d)
Minor home occupations. (See § 42-8.17.)
(e)
Museums, libraries and other recreational facilities.
(f)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(g)
Wireless communications facilities. (See § 42-8.30.)
(h)
Solar panels. (See § 42-8.26.)
(i)
Accessory uses or buildings. (See § 42-8.01.)
(j)
Accessory dwelling units (See § 42-8.01.1).
[Added 10-12-2020 by Ord. No. 271]
(2)
Special land uses:
(a)
Multiple-family dwellings, including three- and four-unit dwellings, attached single-family dwellings, townhouses, row housing and other similar residential building types not to exceed eight units per acre. (See § 42-8.19.)
(b)
Bed-and-breakfast inns. (See § 42-8.02.)
(c)
Group child-care homes licensed or registered under Michigan Public Act 116 of 1973.[3] (See § 42-8.06.)
[3]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
D.
Design requirements - North Gateway.
(1)
Minimum lot size: 10,000 square feet.
(2)
Minimum lot width: 80 feet.
(3)
Front yard required build-to line: 40 feet.
(4)
Side yard setback: eight feet minimum; 20 feet maximum.
(5)
Minimum rear yard setback: 25 feet.
(6)
Maximum building height: two stories.
(7)
Maximum lot coverage: 35%.
(8)
Residential architectural requirements:
(a)
A prominent front facade pedestrian entry shall face the front lot line.
(b)
A front porch or landing with steps shall be provided.
(c)
Front facade shall be at least 25% windows and doors.
(d)
Accessory buildings shall not be forward of the residential dwelling.
(9)
Site layout requirements:
(a)
Parking areas for nonresidential and multiple-family uses shall be limited to side and rear yards.
(b)
Integrated approaches to development that minimizes vehicular entry points shall be provided.
(c)
Vehicular and pedestrian connections to adjacent development sites shall be provided.
(d)
Reduced lot coverage requirements will be considered for an integrated design approach with adjacent property.
E.
Site design requirements. The following site design requirements shall apply within the Gateway PUD District:
(1)
Parking.
(a)
Except as specified herein, off-street parking and loading areas shall be in accordance with § 42-9.12. Compliance with parking requirements may be met through on-site parking or common parking facilities, subject to Planning Commission approval.
(b)
The Planning Commission may approve reduced on-site parking, or the paving of only a portion of the parking area, leaving a portion as grass for overflow parking, if it is demonstrated that adequate parking otherwise exists in a shared and/or adjacent parking facility during the principal operating hours of all uses to share said parking and access is shared.
Undesirable parking situation — the parking is in front of the building and each building has a separate parking lot. |  |
Desirable parking situation — the parking is in the rear of the building and is designed as common/shared parking area. |  |
(2)
Frontage landscaping. Landscaping is required between the building or build-to line, whichever is greater, and the abutting right-of-way line.
 |
(3)
Utilities. All utilities, including telephone, electric, and cable television, shall be placed underground.
(4)
Outdoor lighting. On-site outdoor lighting shall be in accordance with § 42-9.13.
(5)
Dumpsters. Dumpster facilities are allowed only in rear yards and shall be in accordance with § 42-9.16.
(6)
Signs.
(a)
Signage shall be in accordance with § 42-9.18.
(b)
Existing freestanding signage shall be considered lawfully nonconforming and subject to the provisions of Article 10.00.
(7)
Bike racks.
(a)
The planned unit development shall be designed to accommodate bicycle travel, including the provision of bike racks.
(b)
All parking areas for nonresidential uses shall include bike racks.
(8)
Outdoor spaces. Outdoor dining or general gathering spaces accessory to the principal use on the premises shall be allowed, upon approval by the Planning Commission.
 |
(9)
Stormwater management. Stormwater management systems shall be designed to achieve compliance with Zoning Ordinance standards and are required to:
(a)
Incorporate and/or use natural drainage systems on the site or within the district.
(b)
Protect the surrounding natural environment.
(c)
Retain the natural retention and storage capacity of nearby wetlands or waterways.
(d)
Not increase flooding or the possibility of polluting surface water or groundwater.
F.
Green space requirements. There shall be designated an amount of green space within the planned unit development of not less than 15% of the total gateway planned unit development district, subject to the following standards:
 |
(1)
Designated green space shall be of functional value as it relates to opportunities for wildlife habitat, natural feature preservation, recreation, visual impact, and accessibility.
(2)
Designated green space shall be located along the waterfront (if applicable) and along the roadway corridor so as to be visible and accessible to the public.
(3)
Designated green space shall be designed to effectively connect open spaces throughout the planned unit development.
(4)
Any significant and/or sensitive environmental resources shall be included within the designated green space.
(5)
The following land areas may be included as designated green space for purposes of meeting minimum green space requirements:
(a)
The landscaped area of any road right-of-way or private road easement;
(b)
On-site landscaping, where connected with green space areas;
(c)
Stormwater detention/retention basins, including natural wetland areas.
(6)
Structures or buildings which are accessory to the designated green space may be allowed and shall be erected only in accordance with the approved site plan.
(7)
Designated green space shall be set aside through an irrevocable conveyance approved by the Planning Commission, such as recorded deed restrictions; covenants that run perpetually with the land; a conservation easement; or land trust. Conveyance shall assure that the green space is protected from development, except as approved by the Planning Commission. Such conveyance shall also:
(a)
Indicate the proposed allowable uses(s) of the designated green space;
(b)
Require that the designated green space be maintained by parties who have an ownership interest in the green space;
(c)
Provide standards for scheduled maintenance of the green space;
(d)
Provide for maintenance to be undertaken by the Township in the event that the designated green space is inadequately maintained, or is determined by the Township to be a nuisance, with the assessment of the costs for maintenance upon the green space ownership.
G.
Streetscape design requirements.
(1)
The streetscape elements within the rights-of-way of the gateway corridors are key to announcing entrance into the Paw Paw community and effectively drawing the traveler into the downtown area, the community's economic hub.
 |
(2)
These elements occur within the public realm and are therefore not regulated by the Zoning Ordinance. Instead, improvements are determined and funded by the community and roadway agencies. To assist in providing consistency and direction regarding these essential improvements, design guidelines regarding streetscape elements are set forth in the Paw Paw Community Gateways Report.
H.
Procedural guidelines.
(1)
Application requirements. The application for development approval within the Gateway PUD District shall be made according to the development review process set forth in this section.
(2)
Effect of approval. After a site plan has been approved and construction of any part thereof commenced, no other type of development will be allowed on the site without further approval by the Planning Commission and after proceedings conducted as in the original application.
(3)
Conformity to approved plan. Property within the Gateway PUD District which is the subject of site plan approval must be developed in strict compliance with the approved site plan. If construction and development do not conform to same, the approval thereof shall be forthwith revoked by the Township. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation.
(4)
Amendment to approved plan. A proposed amendment or modification to a previously approved site plan within the PUD District shall be submitted for review in the same manner as the original application.
(5)
Project phasing.
(a)
When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and green space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the occupants and residents of the planned unit development and surrounding area.
(b)
Each phase of the development shall be commenced within one year of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the site plan shall become null and void.
(6)
Performance bond.
(a)
The Planning Commission may require that a performance bond, bank letter of credit, or cash bond in such amounts as may be determined be deposited with the Village to ensure completion of the site in accordance with the approved plans. The bond shall be for the purpose of securing the health, safety, and welfare of Village residents and adjacent property owners.
(b)
Such bond or bank letter of credit, if required, shall be set at a minimum of 100% of the cost of the unfinished work for which the bond was required. The Village shall provide for the rebate of any cash bond filed in reasonable proportion to the ratio of the work completed, provided the amount remaining on deposit still provides reasonable security for the completion of the unfinished improvements related to the deposit.
(7)
Development agreement.
(a)
No building permit shall be issued for development and no construction activity commenced within the planned unit development until an affidavit containing the legal description of the planned unit development and the subject development site within the planned unit development; the date and terms of the site plan approval; and a declaration that all improvements will be carried out in accordance with the approved site plan is recorded with the Register of Deeds for Van Buren County.
(b)
All required public dedications for streets, utility easements or other public facilities, and deed restrictions shall be filed with the Village and recorded at the Register of Deeds.
(8)
Revocation. In any case where construction of the approved site plan has not commenced within one year of the date of the final approval, all approvals shall be null and void.
(9)
Development review process.
(a)
Preapplication meeting. An applicant desiring to submit an application for site plan review within the Gateway PUD District is encouraged to attend a preapplication meeting with the Planning Commission. The purpose of the preapplication meeting is to determine general compliance with the planned unit development eligibility and design requirements, and to identify issues of significance regarding the proposed application. The applicant shall present the following information for a preapplication meeting:
[1]
Sketch plan of the proposed development site layout;
[2]
Accurate legal description of the development site;
[3]
Names and addresses of all current owners of the development site;
[4]
Total site acreage;
[5]
Number of acres to be developed by use;
[6]
Number of acres of undeveloped land;
[7]
Number of acres of designated open space;
[8]
Number and type of residential units;
[9]
Details of nonresidential use;
[10]
Details of vehicular and pedestrian circulation system;
[11]
Location and details of known natural features; and
[12]
Relationship of the development site design to the existing/planned layout of the planned unit development.
(b)
Preliminary plan review.
[1]
An application for development approval within the Gateway PUD District shall be subject to mandatory preliminary plan review by the Planning Commission. The review is intended to provide an indication of the issues and concerns that must be resolved prior to site plan review.
[2]
Preliminary plan approval shall not constitute an approval of a detailed site plan but shall be deemed an expression of approval of the layout as a guide to the preparation of the site plan. A request for a modification to the approved preliminary plan shall be submitted for review in the same manner as the original preliminary plan was submitted and reviewed.
(c)
Preliminary plan requirements. Engineering details of a preliminary plan are not required to be developed beyond a level of detail required to determine the feasibility of the proposed layout. The preliminary plan, drawn to a reasonable scale, shall provide the following information:
[1]
Boundaries of the planned unit development and the development site;
[2]
General location map showing existing land use and ownership within the planned unit development and of adjacent land;
[3]
Topography of the development site and its relationship to adjoining land;
[4]
Location of existing/proposed streets adjacent to and within the planned unit development; proposed connection to and/or extension of existing streets within the planned unit development;
[5]
Pedestrian and vehicular circulation systems and related parking facilities on the development site and their relationship to existing/planned systems within the planned unit development;
[6]
Delineation of proposed residential and nonresidential areas on the development site, indicating for each area its size, number and composition of buildings, dwelling unit density, building envelopes, height and orientation of buildings;
[7]
Designated green space;
[8]
Proposed landscaping, including greenbelts, berms, and/or screening;
[9]
Stormwater drainage system;
[10]
Public facilities;
[11]
The following documentation shall accompany the preliminary plan:
[a]
Name, address and telephone number of:
[i]
All persons with an ownership interest in the land within the Planned Unit Development District, together with a description of the nature of each entity's interest;
[ii]
All engineers, attorneys, architects or registered land surveyors associated with the development site;
[iii]
The developer or proprietor of the development site;
[iv]
Any person authorized to represent the owner in the review process.
[12]
Accurate legal description of the planned unit development and development site;
[13]
Total acreage of the planned unit development and development site;
[14]
Number and type of units to be developed;
[15]
General statement as to how open space and recreation areas are to be owned and maintained;
[16]
General indication of the proposed sequence and approximate time frames of development phases;
[17]
A narrative describing how the development site design is consistent with the purposes of the Planned Unit Development District and the capacity and availability of necessary public facilities to the development; and the impact the development will have on adjoining properties.
(d)
Additional information. During the preliminary plan review process, the Planning Commission may require additional information it determines is reasonably necessary to demonstrate compliance with the planned unit development standards. Such information may include, but not be limited to, hydrological tests, traffic studies, or wetland determinations.
(e)
Site plan review. The Planning Commission shall hold a public hearing on an application for development approval within the Gateway PUD District.
[1]
An application for development approval within the Gateway Planned Unit Development District shall be subject to site plan review by the Planning Commission. The detailed site plan shall conform to the approved preliminary plan and incorporate any revisions or recommendations made by the Planning Commission at the preliminary plan review.
[2]
An application for development approval within the Gateway Planned Unit Development District shall be subject to final approval by the Township Board. If a detailed site plan is not submitted for review within six months of preliminary plan approval, the Planning Commission may require resubmission of the preliminary plan for further review and possible revision.
(f)
Site plan requirements. The following information shall be included on, or attached to, all site plans:
[1]
An update of the approved preliminary plan pursuant to the site plan informational requirements set forth in § 42-11.02.
[2]
Engineering plans presented in sufficient detail to indicate compliance with Township standards.
[3]
Easements, deed restrictions, and other documents pertaining to pedestrian and vehicular systems; the designated open space system; and recreation areas.
[4]
If condominium ownership is proposed, all documentation required by the condominium regulations of the Township.
(g)
Review criteria. Approval of a site plan within the Gateway PUD District shall be determined on the basis of the site plan review criteria set forth in § 42-11.02, as well as the following criteria:
[1]
The overall design and land uses proposed in connection with the planned unit development site shall be consistent with the purpose of the planned unit development concept and the specific design standards set forth herein.
[2]
The proposed development site shall be serviced by the necessary public facilities to ensure the public health, safety, and welfare of the residents and users of the development.
[3]
The proposed development site shall be designed to minimize the impact of traffic generated by the development on the surrounding land uses and road network.
[4]
The proposed development site shall be designed so as to be in character with the function of the corridor as a gateway as it relates to bulk and location of structures, pedestrian and vehicular circulation, landscaping, and amenities.
[5]
The proposed development site shall be designed and constructed so as to preserve the integrity of the existing on- and off-site sensitive and natural environments, including wetlands, woodlands, hillsides, water bodies, and groundwater resources.
[6]
The designated green space shall be of functional value as it relates to opportunities for open space preservation, visual impact along the corridor, and/or connectivity within the planned unit development and adjacent gateway properties.
[7]
The proposed development site shall comply with all applicable federal, state, and local regulations.
§ 42-5.10 GC General Commercial District.
A.
Intent The intent of this district is to provide for a compact area of auto-oriented commercial land use along Red Arrow Highway, strategically located adjacent to heavy commercial/industrial development and convenient to the larger community. These regulations are intended to provide standards of use and design that recognize the "gateway" potential of Red Arrow Highway to the downtown area of the Paw Paw community. This district is intended to further the goals and objectives of the Paw Paw Township Master Plan for heavy commercial land use.
B.
Permitted uses:
(1)
Existing single- and two-family dwellings.
(2)
Family child-care homes licensed or registered under Michigan Public Act 116 of 1973.[1]
[1]
Editor's Note: Editor's Note: See MCL § 722.111 et seq.
(3)
Foster care (small group) facilities.
(4)
Minor home occupations. (See § 42-8.17.)
(5)
Retail establishments which supply commodities on the premises such as, but not limited to, groceries, baked goods, pharmaceuticals, and clothing.
(6)
Service establishments such as, but not limited to, a photographic studio, flower shop, beauty salon or barber shop, and photocopy shop.
(7)
Business establishments such as, but not limited to, a bank, insurance office, and real estate office.
(8)
Professional services such as, but not limited to, a legal, financial, and similar allied professional.
(9)
Multi-good retail establishments, such as department, building supply, and appliance warehouses.
(10)
Restaurants, including drive in/drive-through service facilities.
(11)
Bars and taverns.
(12)
Gasoline sales, vehicle service and repair stations.
(13)
Funeral homes.
(14)
Veterinary clinics.
(15)
Hotels and motels.
(16)
Hospitals or medical clinics.
(17)
Public and private schools.
(18)
Nonprofit recreational, health, educational and social facilities.
(19)
Wireless communications facilities. (See § 42-8.30.)
(20)
Solar panels. (See § 42-8.26.)
(21)
Accessory uses or buildings. (See § 42-8.01.)
C.
Special land uses:
(1)
Indoor recreation facilities, including bowling alleys, skating rinks and theatres.
(2)
Open air businesses. (See § 42-8.20.)
(3)
Motor vehicle sales and service. (See § 42-8.18.)
(4)
Vehicle wash facilities.
(5)
Mini/self-storage facilities (See § 42-8.16.)
(6)
Outdoor sales or activities accessory to a permitted or special land use. (See § 42-8.23.)
(7)
Other similar commercial establishments as authorized by the Planning Commission. In consideration of such authorization, the Planning Commission shall consider the following:
(a)
The size, nature and character of the proposed use and the proximity of the proposed use to adjoining property.
(b)
Any traffic congestion or hazard which could be experienced by the proposed use.
(c)
Compatibility of the proposed use with adjoining properties.
(d)
The ability of the proposed use to service the needs of the surrounding area.
(e)
The impact of the proposed use on adjoining properties and the surrounding area.
(8)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(9)
Publicly owned and operated buildings and uses, including community buildings and public parks, playgrounds and other recreational areas.
(10)
Public utility buildings and structures necessary for the service of the community, except that:
(a)
There is no zoning restriction for utilities to be located in public streets or public rights-of-way.
(b)
Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.
(11)
Marihuana microbusinesses (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(12)
Processor facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(13)
Secure transport facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(14)
Safety compliance facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
Frontage. The site shall be provided frontage on Red Arrow Highway.
(2)
Access. Frontage access roads shall be considered for all property within the GC District in accordance with § 42-9.01 in order to promote efficient use of Red Arrow Highway and decrease hazardous traffic conditions created through excessive driveways.
(3)
Outdoor storage. Outdoor storage of goods, materials or trash/garbage in connection with the uses set forth in § 42-5.10B and C is not allowed, except as provided in Article 9.00.
§ 42-5.11 HSC Highway Service Commercial District.
A.
Intent. This district is designed to provide for servicing the needs of automobile highway traffic at the interchanges areas. The overall site design on any single parcel of land and the total area shall be done to: 1) avoid undue congestions on feeder roads; 2) promote smooth traffic flow at the interchange area and on the expressway; 3) protect adjacent properties in other districts from adverse influences of traffic; and 4) provide for an overall pleasing visual appearance. This district is intended to further the goals and objectives of the Paw Paw Township Master Plan for highway commercial land use.
B.
Permitted uses:
(1)
Gasoline sales, vehicle service and repair stations.
(2)
Restaurants, including drive-in/drive-through service facilities.
(3)
Hotels and motels.
(4)
Other retail or service establishments providing food or services which are directly needed by highway travelers.
(5)
Wireless communications facilities. (See § 42-8.30.)
(6)
Solar panels. (See § 42-8.26.)
(7)
Accessory uses or buildings. (See § 42-8.01.)
C.
Special land uses:
(1)
Indoor recreation facilities, including bowling alleys, skating rinks and theatres.
(2)
Microbreweries, wineries (including cideries) and distilleries. (See § 42-8.15.)
(3)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(4)
Marihuana microbusinesses (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(5)
Processor facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(6)
Secure transport facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
(7)
Safety compliance facilities (See § 42-8.07).
[Added 11-13-2020 by Ord. No. 272]
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
Barriers. All development shall be physically separated from the local road by a curb and planting strip or other suitable barrier. Such barrier shall effectively eliminate vehicle ingress or egress except for authorized accessways.
(2)
Accessways.
(a)
Each separate use, grouping of buildings or groupings of uses as a part of a single planned development shall not have more than two accessways from a local road. Such accessways shall not be located closer than 300 feet to the point of intersection of an interstate highway entrance or exit ramp.
(b)
In those instances where properties fronting on a local road are of such width or are in multiple ownerships, and the accessways to property cannot be provided in accordance with the minimum 300-foot distance from the intersection of the interstate highway entrance or exit ramp, a frontage access road shall be provided to service such properties.
(3)
Outdoor storage. Outdoor storage of goods, materials or trash/garbage in connection with the uses set forth in § 42-5.11B and C is not allowed, except as provided in Article 9.00.
§ 42-5.12 HCI Heavy Commercial and Industrial District.
A.
Intent. This district is intended to provide for commercial uses that offer goods and services on a mass scale to major and bulk purchasers, as well as transportation-related service facilities and light industrial uses. This district is intended to further the goals and objectives of the Paw Paw Township Master Plan for heavy commercial and light industrial land use.
B.
Permitted uses:
(1)
Assembly of finished or semifinished products from previously prepared materials.
(2)
Packaging of previously prepared materials.
(3)
Printing, lithographic, blueprinting and similar uses.
(4)
Processing or compounding of commodities such as pharmaceuticals, cosmetics, pottery, and food products.
(5)
Wholesaling, storage and/or warehousing of commodities, such as hardware, packaged or fresh foods, clothing or drugs — which are wholly contained within a fully enclosed building(s), except live fowl or animals, commercial explosives, or aboveground 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 connect to energy or heating on the premises.
(6)
Industrial-office developments designed to accommodate a variety of light industrial, applied technology, research and related office uses, such as corporate headquarters, administrative or professional offices, scientific or medical laboratories, engineering, testing or design facilities, or other theoretical or applied research facilities.
(7)
Contractor's services.
(8)
Wireless communications facilities. (See § 42-8.30.)
(9)
Solar panels. (See § 42-8.26.)
(10)
Wind energy systems. (See § 42-8.29.)
(11)
Accessory uses or buildings. (See § 42-8.01.)
C.
Special land uses:
(1)
Motor vehicle sales and service. (See § 42-8.18.)
(2)
Special events facilities. (See § 42-8.28.)
(3)
Any industrial use which meets the purpose of this district where all work is carried on within an enclosed building and which does not emanate noise, vibration, odor, smoke, liquid waste, or light to such an extent as to be objectionable to surrounding properties.
(4)
Grower facilities - Class A, Class B and Class C, excess marihuana grower facilities, and marihuana microbusinesses. (See § 42-8.07.)
[Amended 1-23-2020 by Ord. No. 268; 11-13-2020 by Ord. No. 272]
(5)
Provisioning centers. (See § 42-8.07.)
[Amended 11-13-2020 by Ord. No. 272]
(6)
Processor facilities. (See § 42-8.07.)
[Amended 11-13-2020 by Ord. No. 272]
(7)
Secure transport facilities. (See § 42-8.07.)
[Amended 11-13-2020 by Ord. No. 272]
(8)
Safety compliance facilities. (See § 42-8.07.)
[Amended 11-13-2020 by Ord. No. 272]
(9)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
[Amended 11-13-2020 by Ord. No. 272]
(10)
Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.
[Amended 11-13-2020 by Ord. No. 272]
(11)
Public utility buildings and structures necessary for the service of the community.
[Amended 11-13-2020 by Ord. No. 272]
(12)
Solar farms. (See § 42-8.27.)
[Added 11-13-2020 by Ord. No. 272]
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The site shall have frontage and principal access from a paved public road.
(2)
Where the site is adjacent to an existing residential district or use, screening shall be provided in compliance with § 42-9.05.
(3)
Outdoor storage in connection with the uses set forth in § 42-5.12B and C shall be allowed subject to the following:
(a)
Outdoor storage shall be allowed only in the side and rear yard areas and may not be located within any required side or rear building setback.
(b)
Outdoor storage areas shall be visually screened from persons standing at ground level on all abutting property located in other than the HCI District and all abutting streets. Required screening shall comply with § 42-9.17.
(c)
The total area of outdoor storage shall not exceed 30% of the floor area of the principal building(s) upon the premises.
(4)
Loading areas may be located in side or rear yards; however, side yard loading areas shall not face public streets and shall be screened from front yard view where practical.
(5)
Public water and sanitary sewer shall be provided as part of the site development.
(6)
All utilities shall be placed underground.
(7)
All uses set forth in § 42-5.12B and C must be conducted in such a manner which does not emanate noise, vibration, odor, smoke, dust, liquid waste, or light to such an extent as to be objectionable to surrounding properties.