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(A) Generally. The township has hereby determined that as large tracts of land are divided, sold, transferred, and developed; private access roads are being created to provide access to the newly divided properties which are not subject to regulation under the Michigan Subdivision Control Act of 1967 and other state regulations. The township determines it is in the best interest of the public health, safety, and welfare to regulate the construction, improvement. Extension, relocation, and use of private roads to assure:
(1) That private roads are designed with width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.
(2) That private roads are constructed of suitable materials to ensure minimal maintenance and safe passage.
(3) That private roads will be constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the Township.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE ROAD. A road under private ownership which has been constructed upon a private road easement for the purpose of providing access to five or more parcels of land.
PRIVATE ROAD EASEMENT. A private road that provides access solely to four parcels of land and does not require the private road to be constructed.
(C) Private road easement; minimum width. A private road easement which only provides access to a maximum of four single-family lots or dwelling units may have a minimum width of 40 feet. The center of the traveled portion of the road shall be located in the center of the easement.
(D) General requirements to private road easement/private road.
(1) A private road shall not be constructed, except in accordance with the standards and requirements of this section and must meet Cass County Road Commission specifications.
(2) If an existing private road is proposed to be extended then the existing portion shall be improved, along with the new portion, to meet the standards and requirements of this section and must meet Cass County Road Commission specifications.
(3) Private roads are permitted in all zoning districts.
(4) Private road easements/private road shall not interconnect with the public street network in a manner that will preclude the extension of public streets if necessary to further the logical, orderly and efficient development of the overall public street network.
(5) Private roads that may be exempt from this section are those private roads that would be subject to site plan review per this section, such as but not limited to: planned unit development, manufactured housing park, shopping centers.
(E) Minimum standards for private road.
(1) (a) A private road shall be located within a private road easement. Such easement shall not be less than 66 feet in width.
(b) The center of the traveled portion of the road shall be located in the center of the private road easement.
(2) At the dead end of such easement, the easement shall widen such that there is space adequate to provide for a turnaround to accommodate emergency and maintenance equipment.
(3) A parcel shall have frontage on the private road easement which is at least equal to the minimum parcel width required for the zoning district in which the parcel is located.
(4) A private road easement/private road shall intersect and connect to a public road. A private road easement/private road shall not be approved which accesses a public road by another private road easement/private road.
(5) A private road shall be constructed or extended when a private road easement serves five or more parcels.
(6) A private road shall be given a street name that is not the same or similar to any other street name in the county, to be verified by Cass County Road Commission. A street sign meeting Cass County Road Commission standards shall be erected and maintained by the applicant where such private road intersects any public road.
(7) A dwelling unit on a private road shall display a house number, minimum of three inches in height, in a manner so that the number is at all times readily visible from the private road.
(8) In determining the location of a private road easement, consideration shall be given to safety of traffic entering and exiting the private road easement in relationship to the public road.
(F) Road maintenance agreement. The owner(s) and any other parties with legal interest in the proposed private road shall provide to the township, a road maintenance agreement, access easement agreement, list of parcel numbers, and deed restrictions, all must be recorded with Cass County, which shall provide for the perpetual private maintenance of such roads and/or easements to a necessary and reasonable standard to serve the parties having an interest in the private road. These documents shall, at a minimum, contain the following provisions:
(1) A method of initiating and financing of such road in order to keep the road is a reasonably good and usable condition that will not constitute a danger to the health, safety, and welfare of the inhabitants of the township and are readily accessible to and usable by emergency vehicles in all types of weather.
(2) A workable method of apportioning the costs of maintenance and improvements, including the potential of future paving.
(3) A notice that no public funds of the township are to be used to build, or maintain the private road. All costs shall be the responsibility of the property owners.
(4) Easements to the public for purposed use of utilities, emergency and other public vehicles for whatever public services are necessary.
(5) A provision that the owners of any and all of the property using the road shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen, and others bound to tor returning from any of the parcels having a right to use the road.
(6) That any structures or parcels thereafter created or constructed on the private road shall also be subject to the road maintenance and that said agreement shall run with the land.
(G) Procedure for private road. An application to establish or extend a private road shall be filed with the township along with a fee as set by the Township Board. The application shall contain or be accompanied by the following information:
(1) The name(s) of the owners and any other parties having any legal interest in the private road and the parcels across which it is to be constructed.
(2) Parcel numbers of the parcels over which the private road is to be constructed.
(3) A scaled drawing showing the location, grade, elevation, route, dimensions, specifications and design of the private road and any proposed extensions of the road, existing or proposed curb cuts and the location and distance to any public street which the private road is to intersect.
(4) A scaled drawing illustrating the proposed lot division.
(5) An approved driveway permit from the Cass County Road Commission.
(6) A statement from the Cass County Road Commission indicating there is no known duplication of the proposed private road name.
(7) The permit application, drawings and other required information shall be reviewed by the Zoning Administrator for completion and then go before the Planning Commission for a decision.
(H) Final compliance requirements.
(1) Upon completion of the private road, the following shall be on file with the township:
(a) A letter from the Cass County Road Commission that the road has been constructed in compliance with Cass County Road Commission specification;
(b) Documentation that the road maintenance agreement, access easement and deed restrictions have been recorded with the Cass County Register of Deeds office;
(c) A driveway permit for the private road from the Cass County Road Commission or the State of Michigan Highway Department, whichever applies;
(d) A verification letter from the Cass County Road Commission that the new street name is not the same or similar to any other street name in the county; and
(e) Planning Commission minutes and/or signatures verifying approval.
(2) Upon verification of all items required for final compliance, the Township Supervisor shall issue a letter of final approval.
(I) Permits for dwellings on private road. A building permit shall not be issued for any principal dwelling which derives its primary access from a private road unless a letter of final approval of the private road has been issued.
(J) Township liability. The owner(s) of the private road agree by applying for and securing approval to construct the private road that they shall indemnify and save and hold the township harmless from all claims for personal injury and/or property damage arising out of the failure to properly construct, maintain, repair and replace the private road. Such wording shall appear on the application for approval and be signed by the applicant.
(Ord. passed 7-30-2015; amended 11- -2007; Ord. 16-02, passed 11-9-2016)
(A) The carrying out of repair, restoration, and maintenance procedures or projects on vehicles in any residential district, when such work is not conducted entirely within the interior of a building, shall be subject to the following limitations.
(1) Procedures or projects exceeding 48 hours in duration or which require the vehicle to be immobile or inoperative in excess of 48 hours shall be carried out within a garage. Only one such period shall be permitted within a single 30-day period.
(2) Inoperative or unlicensed vehicles and vehicle parts shall be stored inside a building.
(B) It shall be unlawful for the owner, tenant, or lessee of any lot in a residential district to permit the open storage or parking outside of a building of:
(2) Semi-tractor trucks and/or semitrailers, bulldozers, earth carriers, cranes, or any other similar equipment or machinery, unless parked thereon while in use in construction being conducted on such lot.
(Ord. passed 7-30-2015) Penalty, see § 155.999
(A) All lighting upon any premises, regardless of the district, shall be arranged so that such lighting does not produce any glare which is a nuisance or annoyance to residents or occupants of other premises or to the traveling public on public roadways.
(B) Light fixtures shall be no higher than 20 feet and shall be provided with light cut-off fixtures that direct light downward. For parking lots serving a single building or groups of related commercial, industrial, or office buildings in excess of 100 spaces, the Planning Commission may permit a higher light fixture in selected locations within the parking lot where existing or planned residential areas will not be affected.
(Ord. passed 7-30-2015)
(A) The owner of the land on which landscaping or buffers have been required by this chapter or by action of the township, pursuant an approval granted by this chapter or other township ordinances, shall initially plant or cause to be planted the landscaping and/or buffer and shall, thereafter, make and perform or cause to be made and performed all necessary maintenance and replacement for the landscaping and/or buffer.
(B) All trees or other landscape material required or used as part of the landscaping and/or buffer which is lost, dies, or is seriously damaged for any reason shall be replaced not later than the following planting season with equivalent landscape material.
(Ord. passed 7-30-2015)
Recreational equipment may be located outside of an enclosed building on any lot within a residential district.
(A) If located on an interior lot, recreational equipment shall not be located within the front yard. If located on a corner lot, recreational equipment shall not be located in the side yard facing the street. If located on a through lot, recreational equipment shall not be located in the front yard or rear yard between a public street and rear yard setback.
(B) Notwithstanding the provisions of this section, recreational equipment may be parked within a yard, but not within the required yard setback, for cleaning, loading, or unloading purposes for not more than 72 hours within a seven-day period.
(C) Recreational equipment may be used for living or housekeeping purposes for a period not exceeding 14 days in any calendar year, provided that running water or indoor sewage facilities within such equipment is not utilized and provided that the storage requirements of this section are met.
(Ord. passed 7-30-2015)
No building or structure intended for human use or habitation shall be constructed on land which are subject to flooding or on land where a minimum of one foot between finished grade level and flood level cannot be maintained. Filling to bring to grade level is not permitted.
(Ord. passed 7-30-2015) Penalty, see § 155.999
(A) A primary caregiver shall be allowed as a permitted home occupation in the Residential, R-1 and R-2, Agricultural Residential AR, and WD Waterfront Districts pursuant to compliance with the Administrative Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, Public Act 208, being M.C.L.A. §§ 333.26421 et seq. and the requirements of this section. As a permitted home occupation, it is at all times subordinate and incidental to the use of the dwelling as a residence.
(B) The requirements for a primary caregiver as a permitted home occupation shall be as follows.
(1) The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq. (“Act”), and the Administrative Rules of the Michigan Department of Community Health, (“Administrative Rules”), as they may be amended from time to time.
(2) A primary caregiver must be located outside of a 1,000-foot radius from any real property where children are regularly present, comprising specifically of: a daycare facility; a church, synagogue, or other place of religious worship; a recreational park, public community center, private youth center, playground, public swimming pool, or video arcade facility; a public or private preschool, elementary school, middle school, high school, community college, vocational or secondary school, a public or private college, junior college, or university; any and all other schools that have different name references but serve students of the same age; or housing facilities owned by a public housing authority.
(3) Not more than one primary caregiver within a single-family dwelling shall be permitted to service qualifying patients who do not reside with the primary caregiver.
(4) Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week.
(5) All medical marihuana shall be contained within the main residential structure in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or qualifying patient.
(6) All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting, and/or watering devices are located, installed, or modified that support the cultivation, growing, or harvesting of marihuana.
(7) If a room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.
(8) Nothing in this section or in any companion regulatory provision adopted in any other provision of this section is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Act and the Administrative Rules and this section. To this end, the sale, distribution, cultivation, manufacture, possession, delivery, or transfer of marihuana to treat or alleviate a qualifying patient shall only be conducted as a home occupation, and shall not be permitted in any other zoning classification of this chapter. Also, since federal law is not affected by the Act or the Administrative Rules, nothing in this section or in any companion regulatory provision adopted in any other provision of this section is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. Neither this section nor the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq., protects users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having his or her property seized by federal authorities under the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq.
(9) Patients may visit the site only during the hours of 8:00 a.m. to 8:00 p.m. No more than five patients may visit the site in any single day, and no more than two patients shall be on the premises at any one time.
(Ord. passed 7-30-2015; amended 6- -2011; Ord. 17-04, passed 5-10-2017) Penalty, see § 155.999
ZONING DISTRICTS
The township is hereby divided into the following zoning districts.
(Ord. passed 7-30-2015)
(A) The locations and boundaries of the zoning districts are hereby established as shown on a map, as the same may be amended from time to time, entitled the Silver Creek Township Zoning Map, which accompanies the Township Zoning Ordinance and is hereby adopted by reference and made a part of this section as if set out at length herein.
(B) Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules of construction and interpretation shall apply.
(1) Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow those centerlines.
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
(3) Boundaries indicated as approximately following township boundaries shall be construed as following township boundaries.
(4) Boundaries indicated as approximately following shorelines or lake or stream beds shall be construed as following the shorelines or lake or stream beds, and in the event of change in the location of shorelines or lake or stream beds, shall be construed as moving with the shoreline and lake or stream bed.
(5) Lines parallel to streets without indication of the depth from the street line shall be construed as having a depth of 200 feet from the front lot line.
(6) Boundaries indicated as approximately following property lines, section lines, or other lines of a government survey shall be construed as following such property lines, section lines, or other lines of a government survey as they exist as of the effective date of this chapter or applicable amendment thereto.
(C) When there is any question as to the location of any boundary line between zoning districts which cannot be resolved by the rules stated above, upon a request for an interpretation of the zoning maps, the Zoning Board of Appeals shall establish the boundary based upon said maps and all available information relating thereto and shall establish the boundaries to carry out the intent and purposes of this chapter and the Master Plan.
(D) Whenever all or part of a street, alley, or other public way is vacated, it shall automatically become a part of the district to which it attaches. If a vacated area is bordered by two different districts, the area is divided along a line half way between them according to the adjacent district, unless the Township Board shall otherwise designate.
(Ord. passed 7-30-2015)
(A) Description and purpose. This district is intended for large tracts used for farming, or those which are idle, and single-family dwellings. It is intended for agricultural uses, other uses generally associated with agriculture, single-family residential development on larger lots, and related non-residential uses. The overall purpose of this district is to preserve larger tracts of land for agricultural use and to allow for residential development at appropriate densities.
(B) Permitted uses. Land and/or buildings in the AR District may be used for the following purposes as permitted uses:
(1) Farms for both general and specialized farming, together with farm dwelling and buildings and other installations useful to such farms;
(2) Detached, single-family dwellings;
(3) Family day care;
(4) State licensed residential family care facilities;
(6) Private schools, churches, libraries, parks, playgrounds, and community center buildings;
(7) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use;
(8) Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems;
(9) Open space developments in accordance with the provisions of § 155.179, except that the special land use approval procedures shall not be required;
(10) Road side stands for sale of produce; and
(11) Farm markets and agricultural tourism business.
(C) Special land uses. Land and/or buildings in the AR District may be used for the following purposes, following approval by the Planning Commission as a special land use as regulated by § 155.150:
(1) Country clubs, golf courses, riding stables, gun clubs, and publicly-owned athletic grounds and parks, and other similar uses, including related uses, such as snack bars, small retail shops selling goods directly related to the primary use;
(2) Removal and processing of topsoil, stone, rock, sand, gravel, lime, or other soil or mineral resources;
(3) Public or private campgrounds;
(4) Commercial kennels;
(5) Bed and breakfast establishments;
(6) Intensive livestock operations;
(7) Planned unit developments;
(8) Recreational vehicle and boat storage;
(9) Private hunting facilities; and
(10) Rental halls.
(D) District regulations. No building or structure, nor the enlargement of any building or structure, shall be hereafter erected unless the following requirements are met and maintained in connection with such building, structure, or enlargement.
Building height | 35 feet |
Front yard | 50 feet |
Lot coverage | 25% |
Minimum dwelling first floor area | 850 square feet |
Minimum dwelling width | 23 feet |
Minimum lot area | 1 acre |
Minimum lot width | 200 feet |
Rear yard | 30 feet |
Side yard | 30 feet (each side) |
(Ord. passed 7-30-2015; amended 8- -2005; amended 2- -2012; amended 3- -2013; Ord.19-20, passed 8-6-2019)
(A) Description and purpose.
(1) The Waterfront District is characterized by uses which are strongly oriented toward the residential and recreational experience and enjoyment of the waterways and shorelines of the township.
(2) The purpose of these regulations is to recognize the unique physical, economic, and social attributes of waterfront and shoreline properties and to ensure that the structures and uses in this District are compatible with and protect these unique attributes. Such physical, economic, and social attributes will be protected by permitting and regulating watercraft, private piers, docks, and hoists incidental to the structures located on the waterfront and shoreline properties.
(B) Permitted uses. Land and/or buildings in the WD District may be used for the following purposes as permitted uses:
(1) Detached, single-family dwellings;
(2) Family day care;
(3) State licensed residential family care facilities;
(4) Home occupations in accordance with requirements of § 155.034;
(5) Schools, churches, libraries, parks, playgrounds, and community center buildings;
(6) Private boat docks, accessory to residential uses, shall be used only by persons and their guests residing on the premises, and shall not be leased, rented, or otherwise made available for compensation, except in conjunction with the lease or rental of the dwelling unit on the same lot, unless approved as a marina, subject to requirements of this division (C);
(7) Docking, anchoring, and moorage of non-recreational watercraft subject to Chapter 90 of this code of ordinances;
(8) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use;
(9) Permanent pier; and
(10) Permanent boat hoist.
(1) Public or private campgrounds;
(2) Public or private boat launches;
(3) Marinas;
(4) Private docks accessory to non-residential land uses;
(5) Planned unit developments; and
(6) Private dock on vacant residential parcel.
(D) District regulations.
(1) The regulations of this section apply to all parcels or lots having frontage on a waterway and as indicated on the zoning map.
Front Yard (Waterfront) | 30 Feet (See division (D)(3) below) | |
Front Yard (Waterfront) | 30 Feet (See division (D)(3) below) | |
Side yard | Lots greater than 40 feet in width | 7 feet |
Lots 40 feet and less in width | 5 feet | |
Rear yard | Lots 80 feet and greater in depth | 20 feet |
Lots less than 80 feet in depth | 8 feet | |
Building height | 35 feet maximum | |
Lot coverage | 30% maximum | |
Minimum lot area | 6,000 square feet | |
Minimum lot width | 60 feet | |
Minimum dwelling first floor area | 850 square feet total | |
Minimum dwelling width | 23 feet | |
(2) In no event shall a parcel of land abut a human-made canal or channel, and no canal or channel shall be excavated for the purpose of increasing the separate frontage required by this chapter.
(3) The front yard shall be measured from the edge of the road right-of-way or easement closest to the dwelling if a road separates dwellings from the lake.
(4) An open, unenclosed, and uncovered porch, or deck, exceeding more than 18 inches off the ground, may not project into a required yard setback. A balcony or window awning shall not project into any required yard setback.
(5) The permanent storage of gasoline, oil, diesel, or other fuel is permitted in the WD District with the following conditions.
(a) Aboveground storage tanks (ASTs).
1. All ASTs with a capacity larger than 1,100 gallons or for commercial use shall be subject to facility registration requirements of the State of Michigan.
2. All ASTs greater than 660 gallons or facilities with a total storage of greater than 1320 gallons shall comply with the State of Michigan’s Part 5 Spillage of Oil and Polluting Materials administrative rules, as applicable.
3. All ASTs with a capacity of less than 1,100 gallons and for private use shall meet all the requirements of the Storage of Flammable and Combustible Liquids Rules of the Michigan Fire Prevention Code, and:
a. Shall be located 50 feet from the nearest private well;
b. Shall be located 50 feet or more from any building;
c. Shall be maintained leak-free and structurally sound;
d. Fill and dispensing apparatus shall remain locked at all times the tank is not actively being filled or the contents are not actively being dispensed; and
e. Shall be located at least 50 feet from all surface water or wetlands except where the following additional conditions are met:
i. The tank’s capacity is less than 300 gallons;
ii. The tank is of double wall construction with a method of detection if the inner wall leaks;
iii. Secondary containment reservoir of concrete or other impervious material is provided and maintained in the amount of the capacity of the tank(s) to contain leakage; and
iv. A certificate of insurance is provided on an annual basis and shall be site specific to the location, with liability limits of $1,000,000 minimum, naming the township as co-insured protecting against environmental contamination.
(b) Underground storage tanks (USTs). Are subject to the laws and permitting requirements of the State of Michigan.
(G) Watercraft and docking.
(1) Application to planned unit developments. The provisions of this division (G) cannot be overridden in or by an approved planned unit development under the Township Zoning Ordinance.
(2) Leasing or renting of dock space. Leasing or renting of dock space or moorage is hereby prohibited except in conjunction with the lease or rental of the dwelling unit on the same lot or as permitted in approved marinas.
(3) Number of docks. One pier or dock shall be allowed, used, or installed for each platted lot or parcel meeting all legal minimum water frontage, area, and width requirements imposed by the Township Zoning Ordinance for the zoning district in which the lot or parcel is located. On a parcel with more than 100 feet of contiguous frontage (measured at the ordinary high water mark), a second pier or dock may be allowed.
(4) Common docks. Two adjoining lots or parcels which have frontage directly on a lake may share one common dock being utilized in total for both parcels if the dock is safe and consistent with free navigability, meets all applicable requirements of this chapter, and the same is approved by the township in writing. No other docks shall be allowed for the two lots or parcels except the approved one common dock.
(5) Permanent pier (dock). Permanent pier (dock) shall be allowed as a permitted use in the WF District, provided all the following conditions have been met:
(a) Michigan Department of Environmental Quality (DEQ) permit has been obtained;
(c) The permanent pier serves one single-family residential property, except as otherwise permitted by this chapter.
(6) Permanent boat hoist. The construction of a permanent boat hoist for single-family residential, recreational watercraft use shall be allowed as a permitted use in the WF District provided the following conditions have been me:
(a) Michigan Department of Environmental Quality (DEQ) permit has been obtained;
(c) The structure shall not have permanent covers, sides, or roofs. Temporary covers made of canvas or fabric can be included.
(7) Boat storage device design requirements. Each boat cradle, boat lift, or shore station placed on any frontage shall meet all of the following requirements, in addition to the other requirements of this chapter:
(a) It shall not have a rigid roof and/or walls other than the support structure and vinyl covering kits provided by manufactures of cradles and lifts;
(b) It shall not have tracks or appurtenances extending onto dry land;
(c) All portions of the device shall be located lakeside of the shoreline when in use during the boating season;
(d) It shall be designed so that watercraft are removed from the water and are stored above the water; and
(e) It shall not be designed or used for more than one watercraft, except those designed for personal watercraft which may hold no more than two personal watercraft.
(8) Channels and canals. No watercraft shall be launched, moored, or utilized in any human-made channel or canal which has no other lake frontage. Furthermore, no dock or mooring shall be allowed, used, or installed in human-made channel or canal or at any property abutting any human-made channel or canal. This section shall not apply to any channel or canal which lawfully existed prior to adoption of this chapter, nor to any properties which abutted or fronted on any such channel or canal lawfully in existence prior to that date.
(9) Continuation of lawful existing uses. The lawful moorage, docking, or launching of watercraft or boats or usage of piers, docks, hoists, shore stations, boat cradles, or rafts on or from a particular lot, parcel, or separate frontage occurring prior to the date of adoption of this chapter shall be permitted to continue without change; however, any change, alteration, or expansion of such prior usage which occurs after the date this chapter becomes effective shall fully comply with the provisions of this chapter. For purposes of this division (G)(10), normal maintenance and repair of docks due to normal wear and tear shall not be deemed a change, alteration, or expansion of prior usage. The burden of asserting a defense under this division (G)(10) is on the property owner who asserts a lawful existing use.
(Ord. passed 7-30-2015; amended 11- -2013; Ord. 16-01, passed 2-10-2016; Ord. 16-03, passed 11-9-2016)
(A) Description and purpose. This District is intended for larger lots used for single-family dwellings. The overall purpose of this District is to allow the use of larger lots for residential development without sewer services and certain related non-residential uses. Farming operations being conducted within this District shall be allowed to continue.
(B) Permitted uses. Land and/or buildings in the R-1 District may be used for the following purposes as permitted uses:
(1) Detached single-family dwellings;
(2) Family day care;
(3) State licensed residential family care facilities;
(4) Home occupations in accordance with the requirements of § 155.034; and
(5) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use.
(1) Country clubs, golf courses, and publicly owned athletic grounds and parks, including related uses such as snack bars, small retail shops selling goods directly related to the primary use;
(2) Roadside stands for sale of produce;
(3) Private schools, churches, libraries, parks, playgrounds, and community center buildings;
(4) Planned unit developments;
(5) Bed and breakfast establishments;
(6) Open space developments; and
(7) Utility and public service buildings without storage yards, but not including essential public services such as poles, wires, and underground utility systems.
(D) District regulations. No building or structure, nor the enlargement of any building of structure, shall be thereafter erected unless the following requirements are met and maintained in connection with such building, structure, or enlargement.
Building height | 35 feet |
Front yard | 30 feet |
Lot coverage | 25% |
Minimum dwelling first floor area | 850 square feet total |
Minimum dwelling width | 23 feet |
Minimum lot area | 12,000 square feet with sewer 21,500 square feet without sewer |
Minimum lot width | 75 feet |
Rear yard | 30 feet |
Side yard | 10 feet minimum (each side) |
(Ord. passed 7-30-2015)
(A) Description and purpose. This District is primarily intended for residential uses at higher densities than otherwise allowed in the other residential districts. Certain related non-residential uses are also provided. As with the other residential districts, farming operations being conducted within this District shall be allowed to continue.
(B) Permitted uses. Land and/or buildings in the R-2 District may be used for the following purposes as permitted uses:
(1) Detached single-family dwellings;
(2) Family day care;
(3) State licensed residential family care facilities;
(4) Home occupations in accordance with the requirements of § 155.034;
(5) Home based businesses in accordance with the requirements of § 155.033; and
(6) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use.
(1) Two-family dwellings;
(2) Multiple-family dwellings;
(3) State licensed residential group care facilities;
(4) Group and commercial day care homes and facilities;
(5) Private schools, churches, libraries, parks, playgrounds, and community center buildings;
(6) Planned unit developments;
(7) Bed and breakfast establishments;
(8) Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems; and
(9) Public and private campgrounds
(D) District regulations. No building or structure, nor the enlargement of any building of structure, shall be thereafter erected unless the following requirements are met and maintained in connection with such building, structure, or enlargement.
Building height | 35 feet |
Front yard | 30 feet |
Lot coverage | 25% |
Minimum dwelling - first floor area | Single-family dwellings - 850 square feet total |
Two-family dwellings - 850 square feet total per unit | |
Multiple-family dwellings - 850 square feet total (1 or 2 bedroom units); 100 square feet for each additional bedroom | |
Minimum dwelling width | 23 feet |
Minimum lot area and width | Single-family dwellings area - 12,000 square feet with sewer; area 21,500 square feet without sewer lot width-75 feet. |
Two-family dwellings area - 18,000 square feet with sewer; area, 1 acre without sewer; lot width-100 feet | |
Multiple-family area - 1 acre; lot width-150 feet | |
Rear yard | 50 feet |
Side yard | Single- and two-family dwellings - 10 feet minimum (each) |
Multiple-family dwellings - 30 feet (each) | |
Non-residential buildings - 30 feet (each) | |
(Ord. passed 7-30-2015)
(A) Description and purpose. The Manufactured Home Park District is intended to provide regulations for manufactured home residential developments to provide for additional variety in housing opportunities and choices.
(B) Permitted uses. Land and/or buildings in the MHP District may be used for the following purposes as permitted uses:
(1) Manufactured homes located in a state-licensed manufactured home park;
(2) Manufactured home parks in accordance with the requirements of division (D) below;
(3) State licensed residential family care facilities; and
(4) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use.
(C) Special land uses. Land and/or buildings in the MHP District may be used for the following purpose, following approval by the Planning Commission as a special land use as regulated by §§ 155.130 through 155.136: utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.
(D) Regulations for licensed manufactured home parks.
(1) All manufactured home parks shall comply with the applicable requirements of Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended, provided further that these developments meet the standards and conditions and all other provisions as herein established.
(2) The parking of more than one manufactured home on a single parcel of land or on two or more adjoining parcels of land under common ownership shall be illegal in the township, irrespective of the requirements of any other ordinance of the township, unless such parcel or parcels of land shall have been approved as a licensed manufactured home park under the provisions of this chapter.
(3) No manufactured home shall be occupied within the park area until such time as a manufactured home occupancy permit shall be issued by the Building Inspector. The permit shall be for a one-year duration. The permit shall be issued by the Building Inspector on payment by the owner of the manufactured home park of a fee, which shall be established from time to time by the Township Board for each manufactured home park lot.
(4) The manufactured home park occupancy permit shall be issued by the Building Inspector only after inspection of the premises, and after making a finding that the conditions as set forth below have been fulfilled and complied with by the developer. A permit may be issued if weather conditions or other temporary obstructions make complete compliance impossible. In such case, the Zoning Administrator may require the submission of a performance guarantee, in accordance with the provisions of Section 19.09, covering the cost of the necessary improvements, provided that such improvements are completed within six months from the date of the request for the permit.
(5) All applications for manufactured home parks must be approved by the Township Board, upon the recommendation of the Planning Commission, in accordance with the provisions of this section.
(6) The Planning Commission and Township Board shall consider the following standards when considering an application for a manufactured home park:
(a) Whether the proposal is in accordance with the Master Plan;
(b) Whether the proposal meets all the design standards of this chapter, other applicable local codes, regulations, and ordinances, and applicable state and federal requirements;
(c) Whether the density of the proposed development could adversely affect adjacent properties and land uses;
(d) Whether the proposed development can be reasonably expected to constitute a health hazard or public nuisance to adjacent properties because of inappropriate or inadequate sanitation and/or drainage facilities;
(e) Whether the proposed development produces excessive demands on available fire and police protection or other community services; and
(f) Whether the traffic characteristics of the proposed development may create a hazard or place an excessive burden on adjacent public roads or pedestrian facilities.
(7) All manufactured home parks shall be designed and developed in accordance with the requirements of the regulations of the State of Michigan, and the following.
(a) Minimum site size for a manufactured home park shall be ten acres.
(b) A minimum of 50 manufactured home sites shall be provided in the manufactured home park.
(c) Each manufactured home park site shall have direct access to an arterial or collector street, as defined by the County Road Commission or the Master Plan.
(d) No access to the site shall be located closer than 200 feet from the centerline of the intersection of any arterial street.
(e) Minimum street pavement widths within the manufactured home park shall be in accordance with the following schedule.
Parking Permitted | Direction | Minimum Street Pavement Width |
No on-street parking | One-way | 14 feet |
Two-way | 20 feet | |
Parallel parking on one side of street | One-way | 20 feet |
Two-way | 30 feet | |
Parallel parking on both sides of street | One-way | 26 feet |
Two-way | 36 feet |
(f) All streets within the manufactured home park shall be of bituminous aggregate or similar surface, meeting County Road Commission construction specifications. Curbing shall also be provided. Lighting shall be provided by proper posts or overhead lamps to provide adequate lighting for all streets within the manufactured home park.
(g) Each lot shall front on sidewalks at least five feet in width, located directly next to and parallel to the street.
(h) No more than one manufactured home shall be parked on any one lot, and no manufactured home shall be occupied by more than one family.
(i) The front, rear, and side yards of every lot shall be landscaped with grass and properly maintained thereafter. At least one shade tree shall be provided for every two lots. Trees shall be located to provide shade for manufactured home park sites.
(j) Setback/buffers.
1. The nearest building of the manufactured home park shall be set back a minimum of 100 feet from the right-of-way of any adjacent public street. This setback shall be properly landscaped with grass and maintained by the owner and/or operator of the manufactured home park.
2. The manufactured home park shall provide a minimum of a 50-foot buffer strip separating the manufactured home park from adjacent property. This strip shall be landscaped with trees or shrubbery planted in such a manner as to provide a screen at least five feet in height. No part of this strip shall be used for any structure, right-of-way, drive, or parking space.
3. The setback area and buffer strip shall be maintained by the owner and/or operator of the manufactured home park.
(k) The following requirements shall be met for each lot.
Manufactured Home Park Lot Requirements
|
Manufactured Home Park Lot Requirements
| ||||
Minimum lot area | 6,500 square feet | |||
Minimum lot width | 50 feet | |||
Maximum building height | 1 story or 25 feet, whichever is higher | |||
Required parking spaces | 2 spaces | Must be off-street and paved | ||
Setback | Front | 20 feet, measured from inside the sidewalk | Includes any part of any manufactured home and/or structure permanently or temporarily attached thereto (excluding hitch), or used in conjunction therewith, including, but not limited to, storage sheds, cabanas, and porches | |
Side | Entry | 10 feet | ||
Non-entry | 5 feet | |||
Rear | 10 feet | |||
(8) The following utility standards shall apply to all manufactured home parks.
(a) All utilities shall be underground.
(b) All lots shall be served by an approved water and sanitary sewer service system, as determined by the County Health Department, and all manufactured homes shall be connected thereto. All expense of installation and connection shall be borne by the owner or operator of the manufactured home park.
(c) The manufactured home park shall provide sufficient storm sewer facilities, independent of sanitary sewers, to prevent flooding of either streets or lots. On-site storm water detention or retention may be required where deemed necessary by the Township Engineer. All storm drainage and surface drainage facilities shall be approved by the County Drain Commission.
(9) Manufactured home standards.
(a) All manufactured homes within the manufactured home park shall be set up in accordance with the State of Michigan Manufactured Home Commission rules and regulations applicable to manufactured home pad design and set up.
(b) All manufactured homes shall have a minimum width of 14 feet across any horizontal surface, exclusive of carports or overhangs.
(10) Recreation and shelter facilities. The manufactured home park shall contain one or more recreation and common playground areas intended primarily for the use of the residents of the manufactured home park residents. A minimum of 250 square feet for every manufactured home park lot shall be provided. Buffer strip areas shall not be counted toward this requirement.
(11) Inspection and permits.
(a) The Building Inspector or such other person designated by the Township Board shall inspect the manufactured home park at least once each year. The fee for such inspection shall be determined by the Township Board.
(b) In the event that the Building Inspector or such other designated person find that the condition of the manufactured home park is such that it does not comply with the safeguards and conditions as set out in this section, he or she shall serve written notice upon the owner or operator of such manufactured home park of such defects. The notice shall include a demand that such defects or deficiencies be corrected within 30 days of receipt of the notice.
(c) In the event that the owner or operator of the manufactured home park does not correct the deficiencies within the 30-day period, either the owner or operator of the manufactured home park or the Building Inspector may request that the Township Board set a date for a public hearing on the defects or deficiencies. The hearing shall be held by the Township Board, provided that the notice is given to the owner and operator of the manufactured home park, and that such notice is posted in three prominent places within the manufactured home park at least 30 days prior to the hearing.
(d) At the date of the hearing, the Township Board may amend or modify the terms of the original notice, or if the modifications thereof shall not be corrected within the 30 days allowed for corrections to be made, or any extension thereof, the township, in order to preserve the health and welfare of the residents of the township and the value of the properties of the residents within the manufactured home park, and to prevent the manufactured home park from becoming a public nuisance, may enter upon the manufactured home park and correct the defects and/or deficiencies or may revoke the approval for the manufactured home park and order it closed.
(12) Manufactured home sales.
(a) No person desiring to rent a dwelling unit site shall be required, as a condition of such rental, to purchase a manufactured home from the owner or operator of the manufactured home park as long as the manufactured home intended to be located on such site conforms in size, style, shape, price, or other such requirements as may be required by any reasonable manufactured home park rules and regulations.
(b) Nothing contained in this chapter shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home lot by the individual owner or his or her agent, or those home occupants as permitted in this chapter, provided that a manufactured home sales lot shall not be permitted in conjunction with any manufactured home park.
(13) All persons, including but not limited to township officials or police officers, whose entry upon the manufactured home park property is necessary, proper, or advisable in the execution of their governmental duties, or to the execution of work authorized by a governmental body, or for the preservation of the peace, shall have the right to enter upon and inspect the manufactured home park at all reasonable times. (See M.C.L.A. §§ 125.2307 and 125.2317)
(Ord. passed 7-30-2015)
(A) Description and purpose. This District is intended to accommodate uses which can provide office, personal services, and commercial goods for visitors to and residents of the township, including auto-related uses which would ordinarily be incompatible with the character of residential districts. It is intended to serve primarily traffic along major county roadways and to contain uses which require access to and frontage on such roadways.
(B) Permitted uses. Land and/or buildings in the C District may be used for the following purposes as permitted uses:
(1) Office buildings for any of the following occupations: executive, administrative, professional, accounting, drafting, and medical and dental offices and clinics;
(2) Banks, credit unions, savings and loan associations, including those with drive-through facilities;
(3) Personal service establishments conducting services on the premises, including barber and dry-cleaning service outlets, beauty shops, fitness centers, and travel agencies;
(4) Retail stores, providing goods within a completely enclosed building;
(5) Drug stores and pharmacies;
(6) Restaurants, exclusive of drive-through facilities;
(7) Private clubs, fraternal organizations, and lodge halls;
(8) Dry-cleaning and laundry establishments performing cleaning operations on the premises, including retail/service operations;
(9) Indoor recreational facilities;
(10) Commercial child care centers;
(11) Utility and public service buildings without storage yards, but not including essential public services such as poles, wires, and underground utility systems;
(12) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use; and
(13) Bulk fuel storage (propane).
(1) Commercial greenhouses and nurseries;
(2) Commercial kennels;
(3) Funeral homes and mortuary establishments;
(4) Hotels and motels;
(5) Theaters, or similar places of public assembly as determined by the Zoning Administrator;
(6) Restaurants with drive-through facilities;
(7) Vehicle service stations, with or without mechanical repair;
(8) Open air businesses;
(9) Veterinary hospitals and animal clinics;
(10) Commercial storage warehouses;
(11) Churches;
(12) Planned unit developments;
(13) Marinas;
(14) Light industrial processing;
(15) Vehicle sales; and
(16) Body shops.
(D) District regulations. No building or structure, nor the enlargement of any building or structure, shall be thereafter erected unless the following requirements are met and maintained in connection with such building, structure, or enlargement.
(1) The outdoor storage of goods or materials shall be prohibited in the required front yard. Goods or materials stored in the side or rear yard shall be screened from the view from the street or from abutting properties.
Building height | 35 feet |
Front yard | 75 feet |
Lot coverage | 40% |
Minimum lot area | 1 acre |
Minimum lot width | 150 feet |
Rear yard | 30 feet |
Side yard | 30 feet on each side |
(2) A maximum of one driveway per street shall be permitted per principal use, or collective principal use, as defined in § 155.022.
(3) The Planning Commission may permit additional driveways, if justified by a traffic study provided by the applicant or owner indicating the need for such additional driveways.
(4) Parking lots and driveways providing access to corner lots shall be required to gain sole access from the lesser traveled of the two intersecting streets. For the purposes of this division (D)(4), LESSER TRAVELED shall mean the street having the lowest daily traffic volume, or as may be determined by the Planning Commission where traffic count information is not available or was counted more than two years prior to the date of the application submission.
(Ord. 03-02, passed 7-2-2003; Ord. passed 7-30-2015; amended 8- -2005; Ord. 19-17, passed 6-12-2019)
(A) Description and purpose. This District is intended to accommodate wholesale, warehousing, light manufacturing, storage, and other industrial-related uses which have minimum potential impact on surrounding property.
(B) Permitted uses. Land and/or buildings in the IND District may be used for the following purposes as permitted uses:
(1) Research and development facilities, including production activities;
(2) Wholesale establishments;
(3) The manufacture, compounding, processing, packaging, warehousing, or treatment of such products as foodstuffs (excepting slaughterhouses or other similar uses), cosmetics, pharmaceuticals, pottery or other ceramic products, musical instruments, toys, furniture, molded rubber products, electrical appliances, electronic instruments, signs, light sheet metal products, hardware, tool, dye, gauge, and machine shops, excluding stamping operations;
(4) Laboratories (experimental, film, or testing);
(5) Dry-cleaning and laundry establishments performing cleaning operations on the premises, excluding retail/service operations;
(6) Utility and public service buildings, including storage yards, but not including essential public services such as poles, wires, and underground utility systems;
(7) Contractor’s showrooms and storage yards;
(8) Body shops; and
(9) Accessory buildings, structures, and uses.
(1) Sexually oriented businesses;
(2) Lumber and planing mills;
(3) Metal plating, buffing, and polishing;
(4) Commercial storage warehouses;
(5) The manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations; and
(6) Junk yards, salvage, or impound yards.
(D) District regulations. No building or structure, nor the enlargement of any building or structure, shall be thereafter erected unless the following requirements are met and maintained in connection with such building, structure, or enlargement.
(1) The outdoor storage of goods or materials shall be screened from the view from the street or from abutting properties.
(2) All industrial activities shall be conducted wholly within a completely enclosed building, except for loading and unloading operations and on-site parking of vehicles.
Building height | 40 feet |
Front yard | 100 feet |
Lot coverage | 50% |
Minimum lot area | 2 acres |
Minimum lot width | 200 feet |
Rear yard | Abutting AR, R-1, R-2, or MHP lot - 100 feet |
Abutting other districts - 50 feet | |
Side yard | Side abutting AR, R-1, R-2, or MHP lot - 75 feet |
Side abutting other districts - 50 feet | |
(Ord. passed 7-30-2015)
SITE PLAN REVIEW
The intent of this subchapter is to provide for consultation and cooperation between the applicant and the Township Planning Commission in order that the objectives of the applicant may be accomplished in the utilization of the land which is the subject of the site plan within the regulations of this chapter and with minimum adverse effect on the use of adjacent streets and highways, and on existing and future uses and environment in the immediate area and vicinity.
(Ord. passed 7-30-2015)
(A) The Zoning Administrator shall not issue a zoning compliance permit for any principal use until a site plan has been reviewed and approved by the Planning Commission under the following circumstances:
(1) Site condominiums;
(2) Special land uses in any district; and
(3) Expansions, alterations, and additions to permitted uses and special land uses allowed by this chapter, unless otherwise accepted in division (A) above.
(B) As otherwise might be required in this chapter.
(C) All plans not reviewed by the Planning Commission shall be approved by the Zoning Administrator, who shall ensure that the site plan is in conformance with this chapter.
(D) Review of a site plan for open space developments, planned unit developments, and private roads is also required in accordance with the procedures noted in this chapter.
(Ord. passed 7-30-2015)
(A) An application for site plan review, plus either a preliminary or final site plan (nine copies), shall be submitted at least 15 days prior to the next Planning Commission meeting through the Zoning Administrator who will review the application and plans for completeness, then transmit them to the Planning Commission.
(B) An application for site plan review shall consist of the following:
(1) Nine copies of the preliminary or final site plan;
(2) A completed application form, as provided by the township;
(3) Payment of a fee in accordance with a fee schedule, as determined by the Township Board from time to time;
(4) A legal description of the entire property which is the subject of the site plan review; and
(5) Other materials as may be required by the Planning Commission.
(Ord. passed 7-30-2015)
(A) A preliminary site plan (nine copies) may be submitted for review by the Planning Commission prior to final site plan submittal. The purpose of such procedure is to allow discussion between the applicant and the Planning Commission, to better inform the applicant of the acceptability of the proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.
(B) Preliminary site plans shall include the following, unless deemed unnecessary by the Zoning Administrator:
(1) Small scale sketch of properties, streets, and use of land within one-half mile of the area;
(2) A site plan at a scale of not more than one inch equals 100 feet showing all existing or proposed arrangement of:
(a) Existing adjacent streets and proposed streets;
(b) Lots;
(c) Parking lots and access points;
(d) Proposed buffer strips or screening;
(e) Natural characteristics including, but not limited to, open space, stands of trees, brooks, ponds, floodplains, hills, and similar natural assets both on the subject property and within 100 feet of the property lines;
(f) Location of any signs not attached to the building;
(g) Existing and proposed buildings; and
(h) General topographical features including contour intervals no greater than ten feet.
(3) A narrative describing:
(a) The overall objectives of the proposed development;
(b) Number of acres allocated to each proposed use and gross area in building, structures, parking, public and/or private streets and drives, and open space;
(c) Dwelling unit densities by type, if applicable;
(d) Proposed method of providing sewer and water service, as well as other public and private utilities; and
(e) Proposed method of providing storm drainage.
(C) The Planning Commission shall review the preliminary site plan and make such recommendations to the applicant that will likely cause the plan to be in conformance with the review standards required by § 155.100
(Ord. passed 7-30-2015)
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