Zoning applies to every building, structure, or use. No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this Ordinance.

Subject to the provisions of the Nonconforming Uses chapter, nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure which is unsafe.

1. Required Area or Space. A lot or lots in common ownership or a yard court parking area or other space shall not be divided, altered, or reduced so as to make it not in conformance with the minimum requirements of this Ordinance. It already less than the minimum requirements of this Ordinance, a lot or lots in common ownership or a yard, court, parking area, or other space shall not be divided, altered, or reduced so as to increase its noncompliance with such minimum requirements.
2. Existing Lots of Records. Unless otherwise provided in this Ordinance, a lot in Agricultural or Residential Zoning District, which is platted or parcel otherwise of record as of the effective date of this Ordinance, does not comply with the area and/or width requirements of its Zoning District, then such lot may be used for one family use only and then only if such one family use is first authorized by the Planning Commission as a special use; provided, however, that a lot which is platted or otherwise of record as of the effective date of this Ordinance which is located in a A-1, A-2, R-1, R-2, or LRD Zoning District may be used for one family use only without authorization from the Planning Commission as a special use if:
   1. the lot has a minimum lot area of twelve thousand (12,000) square feet and if there is compliance with all yard requirements for the zoning district in which the lot is located; or;
   2. if there is compliance with any specific exception to the area and/or width requirements of the particular zoning district in which the lot is located. In considering such authorization, the Planning Commission shall consider the following standards:
   3. the size, character, and nature of the residential building and accessory buildings to be erected and constructed on the lot;
   4. the effect of the proposed use on adjoining properties and the surrounding neighborhood;
   5. the effect of the proposed use on light and air circulation of adjoining properties;
   6. the effect of any increased density of the intended use on the surrounding neighborhood; and
   7. available parking for the intended use. Where two (2) or more such non-complying lots are adjacent to each other and in common ownership, such lots shall be combined so that the lot or lots created by this combination comply with the minimum requirements of this Ordinance. (Amended by Ord. 91-1, 3/21/91)
3. Exceptions. The following buildings and structures shall be exempt from height regulations in all zoning districts: parapet walls not exceeding four (4) feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, stacks, elevated water towers, stage towers, scenery lofts, monuments, cupolas, domes, spires, penthouses housing necessary mechanical appurtenances, and television and radio reception and transmission antennas and towers which do not exceed fifty (50) feet in height. Additions to existing buildings and structures which now exceed the height limitations of their zoning district up to the height of an existing building or structure on the same lot are permitted if the lot is large enough to encompass a circular area with a radius at least equal to the height of the structure or building.

The erection, construction, alteration, or maintenance by public utilities or governmental units, boards, or commissions of overhead or underground gas, electrical, steam or water distribution, transmission, collection, communication, or supply systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, utility pump and metering stations, and other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety, or general welfare is permitted in any Zoning District.

Notwithstanding the exceptions contained in the immediately preceding sentence telephone exchange and/or repeater buildings and towers, electrical sub-stations, gas regulator stations and any utility building erected, shall comply with the following minimum standards and are subject to special use approval by the Planning Commission. (Amended by Ord. 91-1, 3/21/91) (Amended Ord. 2003-1, Adopted 5/1/03, Effective 5/20/03)

1. Electrical substations and/or gas regulator stations shall be enclosed with a fence or wall six (6) feet high and adequate to obstruct passage of persons or materials.
2. Public utility facilities in any zoning district are required to be constructed and maintained in a neat and orderly manner. Any building which is constructed shall be landscaped and shall conform with the general character of the architecture of the surrounding neighborhood.

All lots, yards, parking areas, or other spaces created after the effective date of this Ordinance shall comply with the minimum requirements of the zoning district in which they are located, except that on any lot in any plat recorded on or before the effective date of this amendment, where the average front yard setback of two (2) or more buildings within two hundred (200) feet of the lot in question, on the same side of the street, is less than the required front yard setback for the district, then the required front yard setback of such lot may be reduced to the average existing front yard setback of the nearby buildings. In any event, the front yard setback of any building shall not be less than ten (10) feet. (Amended by Ord. 90-1, 3/15/90)

Every use shall be so conducted and operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise, or vibration beyond the lot on which the use is located.

1. Upon application, the Zoning Inspector shall issue a permit for a temporary office building or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site where located. Each permit shall be valid for a period of not more than six (6) calendar months and shall be renewed by the Zoning Inspector for four (4) additional successive periods of six (6) calendar months or less at the same location if such building or yard is still incidental and necessary to construction at the site where located.
2. Upon application, the Zoning Inspector shall issue a permit for a temporary office which is both incidental and necessary for the sale or rental of real property in a new subdivision or housing project. Each permit shall specify the location of the office and area and shall be valid for a period of not more than six (6) calendar months and shall be renewed by the Zoning Inspector for four (4) additional successive periods of six (6) calendar months or less at the same location if such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing project.

In any Zoning District, accessory uses, incidental only to a permitted use, are permitted when located on the same lot provided, however, that such accessory uses shall not involve the conduct of any business, trade or industry.

1. In any Zoning District, an accessory building may be erected detached from the permitted principal building or as an integral part of the permitted principal building. When erected as an integral part of the permitted principal building, it shall comply in all respects with the requirements of this Ordinance applicable to the permitted principal building. The architectural character of all accessory buildings shall be compatible and similar to the principal building.
2. Detached accessory buildings shall not be located closer than five (5) feet to the rear lot line or closer than forty (40) feet to the waters' edge in the case of a waterfront lot (except that pump-houses may be located within forty (40) feet of the waters' edge if they do not exceed three (3) feet in height) and shall not occupy more than thirty percent (30%) of any required rear yard space; they shall not be closer to any side lot line or front lot line than the principal building is permitted.
3. The distance between a detached accessory building and any principal building shall not be less than ten (10) feet. Accessory buildings shall be considered as attached to a principal building when the distance between the two (2) buildings is solidly covered by a breezeway, portico, covered colonnade or similar architectural device.
4. A garage may be constructed, erected and placed in the front yard of any waterfront lot which is platted or otherwise of record as of the effective date of this Ordinance if it is an accessory building and if it is located not less than ten (10) feet from the edge of the street.
5. No accessory building or structure shall include residential or living quarters for human beings except a guest house located in the R-1 or R-2 Zoning Districts.
6. Storage containers as defined in Section 3.32(f) are permitted as accessory buildings, subject to all such accessory building standards as described herein, in addition to the following:
   1. Storage containers must be placed on a level foundation of concrete, gravel, or other such structurally supportive surface.
   2. Storage containers shall be of a physical condition equal to or exceeding the grade of Wind and Watertight (WWT) as defined and utilized by the Institute of International Container Lessors (IICL) and other such industry participants.
   3. Storage containers shall not be modified in any such way with windows, electric installation, or other such alterations that result in said container failing to meet or exceed the conditional grade of Wind and Watertight (WWT) as required herein.
   4. Placards, decals, or other such residual identifying signage indicating the storage of hazardous, flammable, explosive, or otherwise inaccurately described contents must be removed from storage containers.

In the A-2, R-1, R-2, and LRD Zoning Districts, no more than one (1) principal building shall be placed on a lot. (Amended by Ord. 91-1, 3/21/91)

Buildings on lots having frontage on two (2) intersecting or non-intersecting streets shall comply with front yard requirements on both such streets.

Every principal building and use shall be located on a lot having a minimum of fifty (50) feet of frontage on a public street or an approved private road unless otherwise said frontage distance is otherwise specified in the Area and Density Regulations applicable to the various Zoning Districts outlined in this Ordinance. (Amended by Ord. 95-3Z, 8/10/95)

The provisions of this Ordinance shall be applicable to and enforceable against the Township itself and all other governmental agencies and units, federal, state or local.

No permit shall be issued for the construction of a building or structure which is to have drinking water and/or sanitary facilities located therein and which is to be located on a lot which is not served by both public water and sewer facilities if its water supply and/or sewage disposal facilities, as the case may be, does not comply with the rules and regulations governing waste and sewage disposal of Allegan County.

1. For purposes of this section, a home occupation is a gainful occupation traditionally and customarily carried out in the home or on a residential premise, as a use that is incidental to the use of the home and premise as a place of residence. A home occupation may be conducted entirely within a residential dwelling and/or an attached garage accessory to the dwelling. A home occupation may only be permitted to involve a detached garage or other detached accessory building as a special land use. (ref. Sub. Sec. (f), sub. (8).
2. A home occupation may be permitted in the A-1, A-2, R-1, R-2, or LRD Districts in association with any dwelling in accordance with this section.
3. Type I Permitted Home Occupations. The following home occupations shall be permitted by right subject to the minimum conditions of subsection 22.15(a):
   1. Architecture and interior design work.
   2. Beauty salons and barber shops.
   3. Bookkeeping, accounting, and financial planning.
   4. Cabinet making and carpentry work.
   5. Computer programming and other computer related work.
   6. Consulting and counseling services.
   7. Drafting and illustration services.
   8. Dressmaking, sewing and tailoring.
   9. Furniture upholstery.
   10. Gun dealer and gun repair service.
   11. Home arts and crafts, including but not limited to rug weaving, quilting, pottery and ceramics, model making, woodworking, lapidary work and jewelry making.
   12. Musical instrument instruction, except that no instrument may be electronically amplified so as to be audible beyond the parcel of land where the use occurs
   13. Office of minister, priest or other member of the clergy.
   14. Office of building contractor or building trades persons (excluding equipment parking).
   15. Office of a sales person, sales representative or manufacturers representative.
   16. Painting, sculpturing and writing
   17. Private tutoring.
   18. Secretarial services.
   19. Storage and distribution of direct sale products, such as home cleaning products, cosmetics, food containers and the like.
   20. Taxidermy
   21. Television and other small appliance repair.
   22. Telephone answering service and telephone solicitation work.
   23. Travel booking service.
   24. Watch repair
4. Minimum Conditions for Permitted Home Occupations. The following minimum conditions shall apply to all permitted home occupations:
   1. Home occupations involving the use of a detached accessory building or outdoor storage may only be permitted as a special use under the provisions of subsection (f) contained herein.
   2. It shall be carried out only by the residents of the building and not more than one other person.
   3. The use shall be clearly incidental, subordinate and secondary to the use of the dwelling and premises for residential purposes, and the appearance of the structures shall not be altered. The occupation must not be conducted in a manner that will cause the premise to take on a non-residential character either by the use of colors, materials, construction, lighting or by the emission of sounds, vibrations or light.
   4. Within the A-1, A-2 Districts, one sign, not exceeding eight square feet may be used to identify home occupations therein. For home occupations permitted within the R-1, R-2, or L-R Districts, signs identifying the use shall not be permitted.
   5. The maximum floor area devoted to the home occupation shall be limited to 500 square feet or 25 percent of the gross floor area of the dwelling unit and attached accessory building combined, whichever is the lesser amount.
   6. There shall be no direct marketing or selling of goods, merchandise, supplies or products, except on an occasional basis, provided that orders previously made by telephone or at a sales event off the premises may be filled on the premises.
   7. No storage or display shall be visible from outside the dwelling or an attached building.
   8. No combustible, toxic or hazardous material may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
   9. There shall be no activity that would interfere with radio or television transmission in the area, nor shall there by any significant offensive noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
   10. As a result of home occupation, there shall not be any appreciably greater motor vehicle or pedestrian traffic than would be normal for residential use in the zoning district in which the use is located.
   11. There shall be adequate off-street parking spaces. On street parking, or parking within the street right of way is prohibited.
   12. Deliveries and shipments by commercial vehicles shall be on an occasional or incidental basis.
5. Non-listed, but Similar Home Occupations. In addition to the above Type I permitted home occupations, home occupations which are similar in nature and effect to those specifically listed in this section may also be permitted.
   
   The determination whether a proposed home occupation is sufficiently similar in nature and effect to a Type I home occupation specifically listed in this section may be made by the Zoning Inspector, but in the discretion of the Zoning Inspector, such determination may be made by the Planning Commission at a public meeting.
   
   In determining whether a proposed home occupation is sufficiently similar to one listed in this section, the Zoning Inspector or the Planning Commission, as the case may be, shall consider and make findings based upon the following standards:
   1. Whether the home occupation is incidental and secondary to the use of the premises as a dwelling.
   2. Whether the nature of the home occupation is substantially in keeping with the residential use of the property.
   3. Whether the likely effects of the home occupation upon adjacent and nearby lands would be within the scope of the effects likely to result from other, similar Type I home occupations that are specifically permitted in this section.
   4. Whether the home occupation could have appreciable adverse effects upon adjacent and nearby lands and the uses thereof.
6. Type II Home Occupations Approved as Special Uses. The following home occupations may be permitted in the A-1, A-2, R-1, R-2, and LRD District unless otherwise indicated if approved by the Planning Commission as a special land use under Chapter 15 of this ordinance.
   1. Any home occupation involving the use of a detached accessory building and or one that would exceed the floor area are limitations for Type I Home Occupations.
   2. Gymnastics and dance instruction.
   3. Bed and breakfast establishments in the A-1, A-2, R-1, R-2 and LRD.
   In considering any Type II home occupation for approval as a special use, the Planning Commission shall consider and make findings upon the following standards:
   1. Whether the home occupation is incidental and secondary to the use of the premises as a dwelling.
   2. Whether the nature of the home occupation is substantially in keeping with the residential or other permitted use of the property such as farming.
   3. Whether the likely effects of the home occupation upon adjacent and nearby lands would be within the scope of the effects likely to result from other uses permitted and occurring in the district and similar home occupations that are specifically permitted in this section.
   4. Whether the home occupation will have appreciable adverse effects upon adjacent and nearby lands and the uses thereof.
   5. All of the standards of Section 22.15(d), notwithstanding those limits on the use of detached accessory buildings and floor area.
   In approving any such special land use, the Planning Commission may impose restrictions and limitations upon the use, relating, but not limited to, consideration of the following:
   1. The use as located in a dwelling and/or an accessory building.
   2. The floor area of the use.
   3. The area, height, bulk, and location of any accessory building.
   4. The storage or display of goods, inventory or equipment will be visible from outside the dwelling or an accessory building and the screening thereof.
   5. The storage or use of combustible toxic or hazardous materials on the premises.
   6. Machinery or electrical activity that will interfere with nearby radio or television reception or create noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
   7. Motor vehicle and/or pedestrian traffic and its circulation on and off site.
   8. The amount of off-street parking provided, and the location and surfacing and drainage thereof.

(Amended Ord. 2003-1, Adopted 5/1/03, Effective 5/20/03)

All dwelling home units located outside of mobile home parks shall comply with the following requirements.

1. After the effective date of this amendment, the width of any single or two family dwelling unit in the A-1 and A-2 zoning districts shall be sixteen (16) feet. In any R-1, R-2 and Lake Residential District the minimum width shall be twenty- two (22) feet Such width shall be maintained for at least sixty seven (67) percent of the length, as measured between exterior walls having the greater length.
2. All dwelling units shall contain a minimum of nine hundred sixty (960) square feet of usable floor area. (Amended Ord. 2003-1, Adopted 5/1/03, Effective 5/20/03)
3. There shall be a foundation under the dwelling units as regulated by the local Building Code, or if a mobile home, the foundation shall meet the manufacturer's specifications.
4. All dwellings without basements shall provide a rodent barrier underneath the entire dwelling unit, consisting of four (4) inches of concrete, and suitable skirting between the dwelling, and the ground compatible with the dwelling and manufacturer's specifications.
5. The wheels, pulling mechanisms, and tongue of any mobile homes shall be removed immediately after placement on a foundation or prior to issuance of an occupancy permit.
6. All dwellings shall be connected to a public sewer system and water supply system and/or a well or septic system approved by the County Health Department.
7. All additions to dwellings shall meet the requirements of this ordinance.
8. Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan, adequate to illustrate compliance with the requirements of this ordinance, shall be submitted to the Zoning Administrator. If the dwelling unit is a mobile home, there shall also be submitted adequate evidence to assure that the dwelling comply with the standards applicable to mobile homes set forth in the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction and Safety Standards" effective June 15, 1976, as amended.

The following restrictions are intended to limit and regulate the number of users and types of uses of lake frontage in order to preserve the qualities of the waters, minimize conflicting land uses, promote safety and help preserve the quality of recreational use of lands and waters within the Township.

1. Development Parcels. In all zoning districts, for any lot supporting a single family dwelling unit or any other form of residential development there shall be at least fifty (50) feet of water frontage, as measured along the ordinary high water mark of the lake and each lot or parcel shall otherwise meet the minimum dimensional requirements for such lots in the zoning district in which it is located.
2. Access (Keyhole) Parcels.
   1. In any zoning district where there is an existing parcel of record having water frontage of less than fifty (50) feet, which by intent of the owner or by its dimensional or physical limitations will not support building development, such parcel or lot may be used as a deeded access parcel for not more than one (1) other parcel, lot, unit, or person.
   2. In any zoning district where there is an intent to create and use a new lot, parcel easement or common area for the express purpose of providing riparian rights by deeded access, such new lot, parcel, easement or common area shall have a minimum of fifty (50) feet of width and water frontage. The number of parcels, lots, units or persons permitted to have deeded riparian access over the lot, parcel, easement or common area shall be one (1) for the first fifty (50) feet of water frontage, plus one (1) additional lot, parcel, unit, apartment, or person for each additional fifty (50) feet of frontage that the access parcel has on the body of water.
3. In all zoning districts where multiple unit residential development is permitted, any multiple-unit residential development shall have not more than one (1) dock for each fifty (50) feet of water frontage, as measured along the normal high water mark of the lake.
4. In all zoning districts, no lake access, boat ramp, shore station, dock, boat launch or shoreline abutting a lake shall be utilized for commercial, business, outdoor recreational (or entertainment) facilities, institutional, nonresidential or nonagricultural uses or purposes unless such use complies with the requirements of the zoning district in which it is located and is also approved as a special land use.
5. In addition to the above limitations, no easement, private park, common area, condominium arrangement, lake access device or lot or access property abutting or adjoining a lake shall be used to permit access to the lake for more than one (1) single-family, property, dwelling unit, condominium unit, site condominium unit or apartment unit unless such use is also approved as a special land use.
6. No new channel or canal shall be created abutting, enlarging or tied into a lake, nor shall existing canals or channels be enlarged. Canals or channels which touch or abut a lake and were lawfully in existence as of the date of enactment of this ordinance may be cleaned and dredged, so long as they are not enlarged beyond their original dimensions.
7. The restrictions of this Section shall apply to all lots and parcels on or abutting any lake, regardless of whether access to the lake shoreline or waters shall be by easement, park, common-fee ownership, single-fee ownership, condominium arrangement, license, or lease.

(Section Added by Amended Ord. 2003-1, Adopted 5/1/03, Effective 5/20/03)