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ENSLEY TOWNSHIP ZONING ORDINANCE
TABLE OF CONTENTS |
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CHAPTER 1
TITLE,
PURPOSE, SCOPE AND LEGAL BASIS 1
SECTION 1.00 TITLE
SECTION 1.01 PURPOSE
SECTION 1.02 SCOPE
SECTION 1.03 LEGAL BASIS
SECTION 1.04 REPEAL
SECTION 1.05 SEVERABILITY
CHAPTER 2
DEFINITIONS
SECTION 2.00 RULES
APPLYING TO TEXT
SECTION 2.01 DEFINITIONS - A
SECTION 2.02 DEFINITIONS - B
SECTION 2.03 DEFINITIONS - C
SECTION 2.04 DEFINITIONS - D
SECTION 2.05 DEFINITIONS - E
SECTION 2.06 DEFINITIONS - F
SECTION 2.07 DEFINITIONS - G
SECTION 2.08 DEFINITIONS - H
SECTION 2.09 DEFINITIONS - I
SECTION 2.10 DEFINITIONS - J
SECTION 2.11 DEFINITIONS - K
SECTION 2.12 DEFINITIONS - L
SECTION 2.13 DEFINITIONS - M
SECTION 2.14 DEFINITIONS - N
SECTION 2.15 DEFINITIONS - O
SECTION 2.16 DEFINITIONS - P
SECTION 2.17 DEFINITIONS - Q
SECTION 2.18 DEFINITIONS - R
SECTION 2.19 DEFINITIONS - S
SECTION 2.20 DEFINITIONS - T
SECTION
2.21 DEFINITIONS - U
SECTION 2.22 DEFINITIONS - V
SECTION 2.23 DEFINITIONS - W
SECTION 2.24 DEFINITIONS - X
SECTION 2.25 DEFINITIONS - Y
SECTION 2.26 DEFINITIONS - Z
CHAPTER 3
GENERAL
PROVISIONS
SECTION 3.00 AREA, HEIGHT AND USE CONDITIONS AND EXCEPTIONS
SECTION 3.01 REQUIRED
YARDS OR LOTS
SECTION
3.02 PRINCIPAL USE OR MAIN BUILDING ON A LOT
SECTION 3.03 DOUBLE
FRONTAGE LOTS
SECTION 3.04 MINIMUM LOT
WIDTH FOR IRREGULAR LOTS
SECTION
3.05 USE OF BASEMENT FOR DWELLING
SECTION 3.06
PROJECTIONS INTO YARDS
SECTION 3.07 CLEAR VISION
CORNERS
SECTION 3.08 CONTROL OF
HEAT, GLARE, FUMES, DUST, NOISE,
VIBRATION AND ODORS
SECTION 3.09 TEMPORARY
USES OR STRUCTURES
REQUIRING ZONING ADMINISTRATOR AUTHORIZATION
SECTION 3.10 ACCESSORY USES
SECTION 3.11 ACCESSORY
BUILDINGS
SECTION 3.12 FENCES
SECTION 3.13 SWIMMING POOLS
SECTION 3.14 HOME OCCUPATIONS
SECTION 3.15 RESIDENTIAL
STRUCTURES -
USE FOR COMMERCIAL/INDUSTRIAL
SECTION 3.16
MECHANICAL APPURTENANCES
SECTION 3.17 DISH ANTENNA
SECTION 3.18 ESSENTIAL
SERVICES
SECTION 3.19
GOVERNMENTAL IMPROVEMENTS
SECTION 3.20 HEALTH
DEPARTMENT APPROVAL
SECTION 3.21 RAZING OF
BUILDINGS
SECTION 3.22 MOVING OF
BUILDING
SECTION 3.23 NONCONFORMING USES, BUILDINGS OR STRUCTURES
SECTION 3.24
KEEPING OF ANIMALS AND PETS
SECTION 3.25 MINIMUM
REQUIREMENTS FOR
DWELLINGS OUTSIDE MANUFACTURED HOME PARKS
SECTION 3.26 RIPARIAN ACCESS
SECTION 3.27 PRIVATE
ROADS (STREETS)
SECTION 3.28
CONSTRUCTION SITE ACCESS
SECTION 3.29
STORAGE OF RECREATION EQUIPMENT
SECTION 3.30
STORAGE AND REPAIR OF VEHICLES
SECTION 3.31 BED AND BREAKFAST OPERATIONS
SECTION 3.32 CATEGORIES OF BUSINESSES OR USES NOT DESIGNATED
SECTION 3.33
DRIVEWAYS
SECTION 3.34 UNWHOLESOME SUBSTANCES
SECTION
3.34a VIOLATION PENALTIES
SECTION
3.35 SITE CONDOMINIUMS
SECTION 3.36 DIVISION OF PARCELS OR LOTS
SECTION 3.37 LOT WIDTH TO DEPTH RATIO
SECTION 3.38 RESIDENTIAL USES IN COMMERCIAL DISTRICTS
SECTION 3.39 ADDITIONAL REQUIREMENTS FOR COMMERCIAL ZONES
SECTION
3.40 LAND DIVISIONS
SECTION 3.41 WORKING AND STORAGE SURFACES
CHAPTER 4
MAPPED
DISTRICTS
SECTION 4.00 DISTRICTS
SECTION 4.01 ZONING MAP
SECTION
4.02 AREAS NOT INCLUDED WITHIN A DISTRICT
SECTION 4.03 DISTRICTS NOT DISPLAYED ON ZONING MAP
CHAPTER
5
A-R
RURAL RESIDENTIAL DISTRICT
SECTION
5.00 DESCRIPTION AND PURPOSE
SECTION
5.01 PERMITTED USES
SECTION
5.02 SPECIAL LAND USES
SECTION
5.03 DISTRICT REGULATIONS
CHAPTER
6
R-L
LAKE RESORT RESIDENTIAL DISTRICT
SECTION
6.00 DESCRIPTION AND PURPOSE
SECTION
6.01 PERMITTED USES
SECTION
6.02 SPECIAL LAND USES
SECTION
6.03 DISTRICT REGULATIONS
CHAPTER
7
R-S
SUBURBAN RESIDENTIAL DISTRICT
SECTION
7.00 DESCRIPTION AND PURPOSE
SECTION
7.01 PERMITTED USES
SECTION
7.02 SPECIAL LAND USES
SECTION
7.03 DISTRICT REGULATIONS
CHAPTER
8
R-A
APARTMENT DISTRICT
SECTION
8.00 DESCRIPTION AND PURPOSE
SECTION
8.01 PERMITTED USES
SECTION
8.02 SPECIAL LAND USES
SECTION
8.03 DISTRICT REGULATIONS
CHAPTER
9
C -
COMMERCIAL DISTRICT
SECTION
9.00 DESCRIPTION AND PURPOSE
SECTION
9.01 PERMITTED USES
SECTION
9.02 SPECIAL LAND USES
SECTION
9.03 SITE DEVELOPMENT REQUIREMENTS [GENERAL]
SECTION
9.04 DISTRICT REGULATIONS
CHAPTER
10
I -
INDUSTRIAL DISTRICT
SECTION
10.00 DESCRIPTION AND PURPOSE
SECTION
10.01 PERMITTED USES
SECTION
10.02 SPECIAL LAND USES
SECTION
10.03 SITE DEVELOPMENT REQUIREMENTS [GENERAL]
SECTION
10.04 DISTRICT REGULATIONS
CHAPTER
11
R-MH -
MANUFACTURED HOME PARK DISTRICT
SECTION
11.00 INTENT
SECTION
11.01 PERMITTED USES
SECTION
11.02 SPECIAL LAND USES
SECTION
11.03 LICENSED MANUFACTURED HOME PARKS
CHAPTER
12
SITE
PLAN REVIEW
SECTION
12.00 PURPOSE
SECTION
12.01 SITE PLANS TO BE REVIEWED
SECTION
12.02 APPLICATION PROCEDURES
SECTION
12.03 REVIEW PROCEDURES
SECTION
12.04 FINAL SITE PLAN REVIEW
SECTION
12.05 SITE PLAN REVIEW STANDARDS
SECTION
12.06 APPROVED SITE PLANS
CHAPTER
13
SPECIAL
LAND USES
SECTION
13.00 PURPOSE
SECTION
13.01 APPLICATION AND REVIEW PROCEDURES
SECTION
13.02 BASIS OF DETERMINATION
SECTION
13.03 APPROVAL TERM AND EXPIRATION
SECTION
13.04 REVOCATION OF SPECIAL LAND USE APPROVAL
SECTION
13.05 EXISTING SPECIAL EXCEPTIONS
SECTION
13.06 SPECIFIC SPECIAL LAND USE STANDARDS
CHAPTER
14
DISTRICT REGULATIONS - PARKING AND SIGNS
SECTION
14.00 PARKING - GENERAL REQUIREMENTS
SECTION
14.01 PARKING LOT DESIGN STANDARDS
SECTION
14.02 OFF-STREET PARKING REQUIREMENTS
SECTION
14.03 OFF-STREET LOADING REQUIREMENTS
SECTION
14.04 SIGNS - INTENT
SECTION
14.05 SIGNS - DEFINITIONS
SECTION
14.06 GENERAL SIGN PROVISIONS
SECTION
14.07 EXEMPTED SIGNS
SECTION 14.08 NONCONFORMING SIGNS, ILLEGAL
SIGNS,
AND SIGNS ACCESSORY TO NONCONFORMING USES
SECTION
14.09 SIGNS - UNITS OF MEASUREMENT
SECTION
14.10 SIGN REGULATIONS APPLICABLE TO ALL DISTRICTS
SECTION
14.11 DISTRICT SIGN REGULATIONS
CHAPTER
15
PLANNED
UNIT DEVELOPMENTS
SECTION
15.00 DESCRIPTION AND PURPOSE
SECTION
15.01 QUALIFYING CONDITIONS
SECTION
15.02 REVIEW PROCEDURES
SECTION
15.03 PERMITTED USES
SECTION
15.04 SITE DEVELOPMENT REQUIREMENTS/APPROVAL STANDARDS
CHAPTER 15A
OPEN SPACE PRESERVATION-PUBLIC ACT
NO. 177 OF 2001, AS AMENDED
Section 15A.07 Individual Lots, Streets, and Other Improvements;
Miscellaneous Provisions
CHAPTER
16
ZONING
BOARD OF APPEALS
SECTION
16.00 CREATION AND MEMBERSHIP
SECTION
16.01 JURISDICTION
SECTION
16.02 PROCEDURE ON APPEAL
SECTION
16.03 STANDARDS OF REVIEW
SECTION
16.04 DECISIONS OF THE ZONING BOARD OF APPEALS
SECTION
16.05 RE-SUBMISSION
SECTION
16.06 STAY OF PROCEEDINGS
CHAPTER
17
ADMINISTRATION AND ENFORCEMENT
SECTION
17.00 ZONING ADMINISTRATOR
SECTION
17.01 DUTIES OF THE ZONING ADMINISTRATOR
SECTION
17.02 ZONING COMPLIANCE AND BUILDING PERMITS
SECTION
17.03 CERTIFICATE OF OCCUPANCY
SECTION
17.04 ZONING ORDINANCE AMENDMENTS
SECTION
17.05 FEES AND SCHEDULE OF FEES
SECTION
17.06 STOP WORK ORDER
SECTION
17.07 PENALTIES
SECTION
17.08 PERFORMANCE GUARANTEES
SECTION
17.09 EFFECTIVE DATE
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CHAPTER 1
TITLE, PURPOSE, SCOPE AND LEGAL BASIS |
SECTION 1.00 TITLE
This Ordinance shall be known and may be cited as the "Ensley Township
Zoning Ordinance", "this Ordinance", "the Ordinance", or phrased in
similar fashion. In all cases, such terms and phrases shall refer to the
Ensley Township Zoning Ordinance.
SECTION 1.01 PURPOSE
A. This Ordinance is based upon the Ensley Township Master Plan
and provides for the establishment of zoning districts and district uses,
standards, and regulations designed to promote the public health, safety
and general welfare; to encourage the use of land in accordance with its
character and adaptability and limit the improper use of land; to conserve
natural resources and energy, to meet the needs of the State's citizens
for food, fiber and other natural resources, places of residence,
recreation, agriculture, industry, trade, service and other uses of land;
to insure that uses of land shall be situated in appropriate locations and
relationships; to avoid the overcrowding of population; to provide
adequate light and air; to lessen congestion on the public roads and
streets; to reduce hazards to life and property; to facilitate the
adequate provision of a system of transportation, sewage disposal, safe
and adequate water supply, education, recreation and other public
requirements; and to conserve the expenditure of funds for public
improvements and services so as to obtain the most advantageous uses of
land, resources and properties.
B. This Ordinance is adopted with reasonable consideration,
among other things, of the character of each district, its peculiar
suitability for particular uses, the conservation of property values and
natural resources, and the general and appropriate trend and character of
land, building and population development.
SECTION 1.02 SCOPE
A. Zoning affects all structures and land uses within the
Township.
B. This Ordinance shall not repeal, abrogate, annul or in any
way impair or interfere with existing provisions of other laws, ordinances
or regulations, except those repealed herein by specific reference, or
with private restrictions placed upon property by covenant, deed or other
private agreement, or with restrictive covenants running with the land to
which the Township is a party.
C. Where this Ordinance imposes greater restrictions,
limitations, or requirements upon the use of buildings, structures, or
land; the height of buildings or structures; lot coverage; lot areas;
yards or other open spaces; or any other use or utilization of land than
are imposed or required by such existing laws, ordinances, regulations,
private restrictions, or restrictive covenants, the provisions of this
Ordinance shall control.
SECTION 1.03 LEGAL
BASIS
This Ordinance is enacted pursuant to the Township Rural Zoning Act, Act
184 of the Michigan Public Acts of 1943, as amended.
SECTION 1.04 REPEAL
Any Ordinance or any provision of any Ordinance inconsistent with the
terms hereof shall be and is hereby repealed. This Ordinance replaces the
Ensley Township Zoning Ordinance adopted June 4, 1985, as amended.
SECTION 1.05
SEVERABILITY
If any provision of this Ordinance or the application thereof to any
person or circumstance shall be found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect the remaining
provisions of this Ordinance which shall be in effect.
SECTION 1.06 TO 1.99 RESERVED FOR FUTURE USE
SECTION 2.00
RULES APPLYING TO TEXT
The following listed rules of construction apply to the text of this
Ordinance:
A. The particular shall control the general.
B. In the case of any difference in meaning or implication
between the text of this Ordinance and any caption or illustration, the
text shall control. Illustrations are provided for general reference
only.
C. The word "shall" is always mandatory and not
discretionary. The word "may" is permissive.
D. Words used in the present tense shall include the future;
and words used in the singular number shall include the plural; and the
plural the singular, unless the context clearly indicates the contrary.
E. A "building" or "structure" includes any part thereof.
F. The word "person" includes an individual, a corporation,
a partnership, an incorporated association, or any other similar entity.
G. Unless the context clearly indicates the contrary, the
conjunctions noted below shall be interpreted as follows.
1. "And" indicates that all connected items,
conditions, provisions, or events shall apply.
2. "Or" indicates that the connected items,
conditions, provisions or events may apply singularly or in any
combination.
3. "Either..or" indicates that the connected
items, conditions, provisions or events shall apply singularly but not
in combination.
H. Terms not herein defined shall have the meaning
customarily assigned to them.
SECTION 2.01
DEFINITIONS - A
ACCESSORY BUILDING
A subordinate building on the same premises with a main building or a
portion of a main building and occupied or devoted to an accessory use;
for example, a private garage used for the housing of automobiles used
by the residents of a dwelling to which the private garage is
accessory. Where an accessory building is attached to a main building,
such accessory building shall be considered part of the main building.
ACCESSORY USE, OR ACCESSORY
A use of a zoning lot which is clearly incidental and subordinate to the
principal use of the lot and customarily found in connection with the
principal use. When "accessory" is used in this text, it shall have the
same meaning as accessory use.
ADULT BOOKSTORE
An enclosed building used for the sale of motion picture films, video
cassettes, magazines, posters, and other printed material, or tapes, or
sex objects for other than contraceptive purposes, distinguished or
characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas," as
defined in this Ordinance, for sale to patrons therein.
ADULT CARE CENTER (See CHILD and ADULT CARE CENTERS)
ADULT LIVE ENTERTAINMENT THEATER
An enclosed building for presenting live entertainment involving the use
of strip dancers, naked individuals, individuals who wear see through
clothing which permits the view of "specified anatomical areas,"
individuals who are partially clothed and partially unclothed so as to
permit the view of "specified anatomical areas," or individuals
conducting "specified sexual activities."
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting motion picture films, video
cassettes, cable television, or any other such visual media,
distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas," as defined in this Ordinance, for observation by
patrons therein.
ADULT USES
Uses whose primary business is for an adult bookstore, adult live
entertainment theater, adult motion picture theater, or a combination
thereof.
AGRICULTURE
The cultivation, tilling or use of soil for the purpose of growing or
storing crops thereon or use of land for the purpose of animal or
poultry husbandry, including the preparation and marketing of
agricultural products for commercial purposes. All reasonable dust,
spray drift, water drift, noise, odors, and other conditions normally
association with the foregoing agricultural uses are considered a part
of the agriculture and are permitted.
ALLEY
A dedicated public way other than a street which provides only secondary
access to abutting property and is not intended for general traffic
circulation.
ALTERATIONS
Any change, addition, or modification in construction or type of
occupancy, or in the structural members of a building, such as walls or
partitions, columns, beams or girders, any substantial change in the
roof, or an addition to or diminution of a structure or building, or the
removal of a building from location to another.
AUTOMOTIVE SALES AREA
An area used for the display, sale, or rental, but not for the repair,
of new or used motor vehicles, boats, trailers, farm equipment,
construction equipment, or mobile homes in operable condition.
AUTOMOTIVE REPAIR SHOP
A garage, building, or area where repairs of motor vehicles, boats,
trailers, farm equipment, or similar equipment is made for a fee.
AUTOMOBILE SERVICE STATION
A retail business primarily oriented to the sale of gasoline for use by
automobiles and light trucks, with ancillary sales of sundry goods and
food products typically consumed on a daily basis. An automobile
service station may include bays for the light servicing of vehicles
such as oil changes, battery and tire replacements, belt replacements,
engine tune‑ups, and similar light repair services.
AVERAGE GRADE (See Also GRADE)
The average finished ground elevation at the center of all walls of a
building established for the purpose of regulating the number of stories
and the height of buildings. The building grade shall be the level of
the ground adjacent to the walls of the building if the finished grade
is level. If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the
building or structure being measured.
SECTION 2.02
DEFINITIONS - B
BASEMENT [Illustration Provided]
That portion of a building which is partly or wholly below grade but so
located that the vertical distance from the average grade to the floor
is greater than the vertical distance from the average grade to the
ceiling. A basement shall not be counted as a story.
BED AND BREAKFAST
A single‑family dwelling occupied by the owner or permanent tenant in
which overnight lodging and breakfast are made available to transient
guests for a fee. Individual guest rooms do not contain kitchen
(cooking) facilities and may or may not contain private bathrooms.
Guest stays are short‑term in duration, generally one (1) week or less.
Bed and breakfast shall not mean hotel or motel.
BERM [Illustration Provided]
A mound of earth graded, shaped and improved with landscaping in such a
fashion as to be used for visual or audible screening purposes.
BILLBOARD or SIGNBOARD (See Chapter 14, SIGNS)
BODY SHOPS (See AUTOMOTIVE REPAIR SHOP)
BOARD
When used in this Ordinance, the term "Board" shall mean the Township
Zoning Board of Appeals as authorized by this Ordinance pursuant to the
Township Rural Zoning Act, Michigan Public Act 184 of 1943, as amended.
BOARDING HOUSE or ROOMING HOUSE
A dwelling having one kitchen and used for the purpose of providing
meals and/or lodging for compensation to more than two persons other
than members of the family occupying such dwelling.
BUFFER STRIP [Illustration Provided]
A strip of land required between certain properties, land uses, and
Districts and reserved for plant material, berms, walls, or fencing to
serve as a visual and/or noise barrier.
BUILDING
A structure erected on site, pre‑manufactured or pre‑cut structure,
above or below ground, designed primarily for the shelter, support or
enclosure of persons, animals or property of any kind.
BUILDING CODE
The currently adopted Township code or codes governing the erection and
maintenance of buildings.
BUILDING HEIGHT [Illustration Provided]
The vertical distance measured from the top of the main or ground level
foundation wall, whichever is lowest, to the highest point of the roof
surface of flat roofs, to the deck of mansard roofs, and to the mean
height level between eaves and ridge of gable, hip, and gambrel roofs.
BUILDING INSPECTOR (See ZONING ADMINISTRATOR)
The person designated by the Township Board to administer the provisions
of the adopted Building Codes for Ensley Township. The Building
Inspector may also serve as the Township Zoning Administrator.
BUILDING LINE
A line formed by the eave of the building, or the most horizontal
appendage of the building; and for the purposes of this Ordinance, a
minimum building line is the same as the front setback.
SECTION 2.03
DEFINITIONS - C
CASH VALUE (see TRUE CASH VALUE)
CERTIFICATE OF OCCUPANCY ‑ ZONING
A document signed by an authorized Township official as a condition
precedent to the commencement of a use or the construction of a
structure or building which acknowledges that such use, structure or
building complies with the provisions of the Zoning Ordinance.
CHILD and ADULT CARE CENTERS
Any facility other than a private residence, licensed by the Michigan
Department of Social Services, in which one (1) or more children or
adults are given care and supervision for periods of less than
twenty‑four (24) hours per day, and where a parent or legal guardian is
not immediately available to the child or adult. Child and adult care
centers include facilities which provide care for not less than two (2)
consecutive weeks, regardless of the number of hours of care per day.
Child and adult care centers do not include Sunday schools, vacation
Bible schools, or religious classes that are conducted by a religious
organization where children or adults are in attendance for not greater
than four (4) hours per day for an indefinite period, or not greater
than eight (8) hours per day for a period not to exceed four (4) weeks,
during a twelve (12) month period, or a facility operated by a religious
organization where children or adults are cared for not greater than
four (4) hours, while persons responsible for the children or adults are
attending religious classes or services.
COMMERCIAL STORAGE WAREHOUSES
Any building or buildings used primarily as a commercial business for the
storage of goods and materials.
CONDOMINIUM (CONDOMINIUM PROJECT)
A development subject to Michigan Public Act 59 of 1978, as amended. A
condominium project shall be equivalent to Subdivision as used in this
Ordinance and Subdivision Regulations.
CONVALESCENT OR NURSING HOME
A structure with sleeping rooms, where persons are housed or lodged and
are furnished with meals, nursing and personal medical care.
CONVENIENCE STORE
A retail outlet providing food and sundry products typically consumed on
a daily basis, with or without ancillary gasoline sales, but not
including vehicular servicing except for an air pump. Customer visits
to the store are short term in duration, generally less than ten (10)
minutes per trip.
COUNTY BOARD
The County Board of Commissioners of Newaygo County.
SECTION 2.04
DEFINITIONS - D
DISTRICT
A Zoning District in which land and buildings are regulated by use,
dimensional standards, and various placement criteria.
DRIVE‑THROUGH FACILITIES
Any facility used in connection with a business establishment so
developed that its retail or service character provides a driveway
approach or parking spaces for motor vehicles to serve patrons while in
the motor vehicle either exclusively or in addition to service within a
building or structure, or to provide self‑service for patrons and food
or merchandise carry‑out.
DWELLING, MULTIPLE‑FAMILY
A dwelling, or a portion of a building, designed exclusively for
occupancy by three (3) or more families living independently of each
other.
DWELLING, SINGLE FAMILY
A detached dwelling designed exclusively for and occupied exclusively by
one (1) family.
DWELLING, TWO‑FAMILY (DUPLEX)
A dwelling designed exclusively for occupancy by two (2) families living
independently of each other.
DWELLING UNIT
SECTION 2.05
DEFINITIONS - E
One (1) room or suite of two (2) or more rooms designed for use and
occupancy by one (1) family for living and sleeping purposes, with
housekeeping facilities.
ERECTED
Built, constructed, altered, reconstructed, moved upon, or any physical
operations on the premises which are required for construction,
excavation, fill, drainage, etc.
ESSENTIAL PUBLIC SERVICES
The erection, construction, alteration or maintenance by public
utilities or municipal departments of underground, surface, or overhead
gas, electrical, steam, fuel, or water transmission, distribution,
collection, communication, supply or disposal systems, including towers,
antennas, satellite dishes, poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals,
hydrants and similar equipment, but not including buildings and storage
yards, which are necessary for the furnishing of adequate service by
such utilities or municipal departments for the general health, safety
or welfare.
EXCAVATION
Any breaking of ground, except common household gardening, farming
operations, and ground care.
SECTION 2.06
DEFINITIONS - F
FAMILY
One person residing in a household; or two (2) or more persons related
by blood, heterosexual marriage, adoption or legal arrangement,
including foster children and servants residing together; or three (3)
or fewer unrelated persons residing together as one housekeeping unit in
a dwelling unit.
FAMILY DAY CARE HOMES
Any private residence in which the operator permanently resides as a
member of the household, registered with the Michigan Department of
Social Services, in which one (1) but less than seven (7) minor children
or adults are given care and supervision for periods of less than
twenty‑four (24) hours per day, unattended by a parent or legal
guardian, except children or adults related to an adult member of the
family by blood, marriage, or adoption. Family day‑care homes includes
homes that give care to unrelated minor children or adults for more than
four (4) weeks during a calendar year.
FARM
A contiguous parcel of land of not less than ten (10) acres in area,
directly farmed or used for commercial agriculture by the
owner‑operator, manager, or tenant farmer or with assistance of members
of the household or hired employees. A farm includes a farm dwelling and
accessory buildings necessary for the storage or housing of farm
implements, products, or animals, or used for the operation of the farm.
Farms may include greenhouses, nurseries, orchards, hatcheries, dairy
farms, poultry farms, hog farms, commercial feedlots, apiaries, truck
farms, and forestry operations.
Fish hatcheries, stockyards, recreation parks, stone quarries, gravel,
dirt or sand pits, keeping fur bearing animals or game, kennels,
stables, riding academies, or mineral extraction, are not considered
farm uses.
FLOOD
Is a land area which on the basis of available information is subject to
a one (1) percent or greater chance of flooding in any given year.
FLOOR AREA, GROSS (GFA)
The sum of the total horizontal areas of the several floors of all
buildings on a lot, measured from the exterior faces of exterior walls,
but excluding porches, patios, terraces, breezeways, carports, verandas,
garages, attics, and basements.
FLOOR AREA, USABLE (UFA)
That area used for or intended to be used for the sale of merchandise or
services, or for use to serve patrons, clients, or customers; or area
used in a dwelling unit for living purposes. Floor area which is used or
intended to be used principally for the storage or processing of
merchandise, for hallways, or for utilities shall be excluded from the
computation of usable floor area. Measurement of usable floor area shall
be the sum of the horizontal areas of the several floors of the building
measured from the interior faces of the exterior walls. Useable floor
area must have at least five (5) feet clear height between floor and
ceiling.
FLOODPLAIN
Is any land area susceptible to being inundated by water from any
source.
SECTION 2.07
DEFINITIONS - G
GARAGE (Refers to Private Garage)
An accessory building used primarily for the storage of passenger
vehicles and for not more than one (1) truck of a rated capacity not to
exceed one (1) ton.
GOVERNING BODY
The Township Board of Ensley Township.
GRADE (See also AVERAGE GRADE)
The gradient, the rate of incline or decline expressed as a percent. For
example, a rise of twenty‑five (25) feet in a horizontal distance of one
hundred (100) feet would be expressed as a grade of twenty‑five percent.
GREENBELT
A strip of land of definite width and location reserved for the planting
of shrubs, trees, or grasses to serve as an obscuring screen or buffer
strip in carrying out the requirements of this Ordinance.
GROUP DAY CARE HOMES
Any private residence in which the operator permanently resides as a
member of the household, licensed by the Michigan Department of Social
Services, in which more than six (6) but not more than twelve (12) minor
children or adults are given care and supervision for periods of less
than twenty‑four (24) hours per day, unattended by a parent or legal
guardian, except children or adults related to the operator of the home
by blood, marriage, or adoption. Group day‑care homes includes homes
that give care to unrelated minor children or adults for more than four
(4) weeks during a calendar year.
SECTION 2.08
DEFINITIONS - H
HEIGHT (See also BUILDING HEIGHT
The vertical distance measured from the average grade to the highest
point of a structure.
HOME OCCUPATION (See Chapter 3, GENERAL PROVISIONS ‑ HOME OCCUPATIONS)
An occupation or profession that is clearly a customary, incidental, and
secondary use of a residential dwelling unit.
SECTION 2.09
DEFINITIONS - I
INOPERATIVE VEHICLES
Any motor vehicle which can no longer propel itself.
INSTITUTIONAL USE (Also PUBLIC USE)
Uses under the ownership or control of a governmental entity or agency
and uses often referred to as quasi‑public including churches, private
schools teaching academic subjects comparable to the public school
system, hospitals, convalescent and nursing homes, private parks, and
uses of a similar nature.
SECTION 2.10
DEFINITIONS - J
JUNK
Any worn out or discarded materials including, but not necessarily
limited to, scrap iron and other metals, waste paper, rags, rubber,
tires, bottles, inoperable motor vehicles and parts, construction
material, household wastes, garbage, discarded appliances, and yard
debris.
JUNK YARD (SALVAGE YARD)
An open area where waste, used or secondhand materials are bought and
sold, exchanged, stored, baled, packed, disassembled, or handled. These
materials include, but are not limited to: scrap iron and other metals,
paper, rags, rubber, tires, and bottles. A "junk yard" or "salvage yard"
includes automobile wrecking yards and includes any area of more than
two hundred (200) square feet for storage, keeping or abandonment of
junk, but does not include uses established entirely within enclosed
buildings.
SECTION 2.11
DEFINITIONS - K
KENNEL, COMMERCIAL
Any lot or premise on which three (3) or more dogs, cats, or other
household pets, six (6) months of age or older, are either permanently
or temporarily boarded for commercial purposes. A kennel shall also
include any lot or premises where household pets are bred or sold for
commercial purposes.
SECTION 2.12
DEFINITIONS - L
LOADING SPACE
An off‑street space on the same lot with a building, or group of
buildings, for the temporary parking of a vehicle while loading and
unloading merchandise or materials.
LOT [Illustration Provided]
A parcel, vacant land, occupied land, or land intended to be occupied by
a main building and accessory buildings, or utilized for the principal
accessory use(s) together with yards and open spaces required under the
provisions of this Ordinance. A lot may or may not be specifically
designated as such on public records. A lot may also mean a portion of a
condominium project, as regulated by Public Act 59 of the Michigan
Public Acts of 1978, as amended, designed and intended for separate
ownership and use.
LOT, CORNER [Illustration Provided]
Any lot having at least two (2) contiguous sides abutting upon a street,
provided that the interior angle at the intersection of such two sides
is less than one hundred thirty‑five (135) degrees. A lot abutting upon
a curved street or streets shall be considered a corner lot if the
tangents to the curve, at its points of beginning within the lot or at
the points of intersection of the side lot lines with the street line,
intersect at an interior angle of less than one hundred thirty‑five
(135) degrees.
LOT, INTERIOR [Illustration Provided]
A lot other than a corner lot or through lot.
LOT, THROUGH [Illustration Provided]
Any interior lot having frontage on two parallel streets. In the case of
a row of double frontage lots, all yards of said lots adjacent to
streets shall be considered frontage, and through yard setbacks shall be
provided as required.
LOT, WATERFRONT
A lot having a property line abutting a shoreline.
LOT AREA [Illustration Provided]
The total horizontal area within the lot lines.
LOT COVERAGE [Illustration Provided]
The part of the lot occupied by any building, including accessory
buildings.
LOT DEPTH [Illustration Provided]
The horizontal distance between front and rear lot lines, measured along
the median between the side lot lines.
LOT LINES [Illustration Provided]
The lines bounding a lot as defined herein:
A. FRONT LOT LINE
In the case of an interior lot, it is the line separating the lot from
the street. In the case of a through lot, it is that line separating
said lot from either street. In the case of a lot having frontage on a
body of water, the front lot line shall be considered that lot line on
the waterfront.
B. REAR LOT LINE
That lot line opposite the front lot line. In the case of a lot which is
pointed at the rear, the rear lot line shall be an imaginary line
parallel to the front lot line, not less than ten (10) feet long, lying
farthest from the front lot line and wholly within the lot.
C. SIDE LOT LINE
Any lot line other than the front lot line or rear lot line. A side lot
line separating a lot from a street is a side street lot line. A side
lot line separating a lot from another lot is an interior side lot line.
LOTS OF RECORD
Any parcel of land, the dimensions of which are shown on a document or
map on file with the Newaygo County Register of Deeds as of the date of
adoption of this Ordinance or any relevant amendment thereto which would
affect such lot, which lot actually exists as shown or any part of a
parcel held in a record ownership separate from that of the remainder
thereof.
LOT WIDTH [Illustration Provided]
The horizontal straight line distance between the side lot lines,
measured between the two points where the front setback line intersects
the side lot lines.
SECTION 2.13
DEFINITIONS - M
MAIN BUILDING
A building in which is conducted the principal use of the lot upon which
it is situated.
MANUFACTURED HOME
A transportable, factory‑built home, designed to be used as a year‑round
residential dwelling.
MANUFACTURED HOME PARK
A parcel or tract of land under the control of a person upon which three
(3) or more manufactured homes are located on a continual
non‑recreational basis and which is offered to the public for that
purpose regardless of whether a charge is made therefore, together with
any building, structure, enclosure, street, equipment, or facility used
or intended for use incident to the occupancy of a manufactured home and
which is not intended for use as a temporary trailer park.
MASSAGE CLINIC (See also MASSAGE PARLOR, ADULT MASSAGE PARLOR)
Is any place where for any form of consideration or gratuity, massage,
alcohol rub, administration of fomentations, electric or magnetic
treatment or any other treatment or manipulation of the human body
occurs as part of or in connection with "Specified Sexual Activities" or
where any person providing such treatment, manipulation or service
related thereto exposes "Specified Anatomical Areas"; provided however,
this provision shall not apply to a medical doctor, osteopathic
physician, chiropractor, or similar medical professional licensed by the
State of Michigan to perform medical procedures on the human body.
MASTER PLAN
The Master Plan currently adopted by Ensley Township, including graphic
and written proposals, indicating the physical development of the
Township, and includes any unit or part of such plan and any amendment
to such plan.
MOBILE HOME
A portable unit built without a permanent foundation to be towed on its
own chassis comprised of frame and wheels, designed to be connected to
utilities at a site and use as living quarters.
MOTEL/HOTEL
A building or group of buildings on the same lot, whether detached or in
connected rows, containing sleeping or dwelling units which may or may
not be independently accessible from the outside with garage or parking
spaces located on the lot and designed for, or occupied by, automobile
travelers. The term shall include any building or building groups
designated as motor lodges, transient cabins, or by any other title
intended to identify them as providing lodging, with or without meals,
for compensation on a transient basis.
SECTION 2.14
DEFINITIONS - N
NONCONFORMING BUILDING
A building or portion thereof lawfully existing at the effective date of
this Ordinance or amendments thereto and which does not conform to the
provisions of the Zoning Ordinance in the District in which it is
located.
NONCONFORMING USE
A use or activity which lawfully occupied a building or land at the
effective date of this Ordinance or amendments thereto and which does
not conform to the use regulations of the District in which it is
located.
SECTION 2.15
DEFINITIONS - O
OFF‑STREET PARKING LOT
A facility providing parking spaces, along with adequate drives,
maneuvering areas, and aisles, for the parking of more than three (3)
vehicles.
OPEN AIR BUSINESSES
Retail sales establishments operated substantially in the open air,
including:
A. Bicycle, utility truck or trailer, motor vehicles,
boats, or home equipment sales, repair or rental services.
B. Outdoor display area and sale of motor homes, recreation
vehicles, manufactured homes, farm equipment, construction equipment,
snowmobiles, swimming pools and similar activities.
C. Retail sales of trees, fruits, vegetables, shrubbery,
plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture,
playground equipment and other home garden supplies and equipment, but
not including lumberyards.
D. Tennis courts, archery courts, shuffleboard, horseshoe
courts, miniature golf, golf driving range, children's amusement parks
or similar recreational uses (transient or permanent).
ORDINARY HIGH WATER MARK OR SHORELINE
The line between upland and bottom land which persists through
successive changes in water levels, below which the presence and action
of the water is so common or recurrent that the character of the land is
marked distinctly from the upland and is apparent in the soil itself,
the configuration of the surface of the soil and the vegetation. Where
the water levels vary for purposes of water level management, the
ordinary high water mark shall be the higher of the levels generally
present.
SECTION 2.16
DEFINITIONS - P
PARKING SPACE [Illustration Provided]
An area of definite length and width used for vehicular parking. Said
area shall be exclusive of drives, aisles or entrances giving access
thereto, and shall be fully accessible for the parking of permitted
vehicles.
PERSONAL SERVICE ESTABLISHMENTS
Any commercial business conducting personal services that are performed
primarily on the premises. Examples include barber shop, hair salon,
tanning salon, spa, fitness club, nail salon, and other uses offering
personalized services consistent with the above uses.
PLANNED UNIT DEVELOPMENT
A development of land that is under unified control and is designed and
developed as a whole in a single development operation or programmed
series of development stages. The development may include streets,
circulation ways, utilities, buildings, open spaces, and other site
features and improvements.
PLANNING COMMISSION, OR COMMISSION
The Ensley Township Planning Commission.
PRIMARY ROAD
A County Primary roadway as designated in the Ensley Township Master
Plan or by the Newaygo County Road Commission. For purposes of this
Ordinance only, a State Trunk line shall also be considered as a County
Primary.
PRINCIPAL USE
The primary use to which the premises is devoted.
PRIVATE ROAD (STREET) ‑ (See Section 3, Private Road/Street Regulations)
PUBLIC UTILITY
A person, firm, corporation, municipal department, board or commission
duly authorized to furnish to the public under federal, state or
municipal regulations, gas, steam, electricity, sewage disposal,
communication, telegraph, transportation, or water.
SECTION 2.17 DEFINITIONS ‑ Q (Reserved for future use)
SECTION 2.18
DEFINITIONS - R
RECREATIONAL VEHICLE OR EQUIPMENT
Vehicles or equipment used primarily for recreational purposes. For the
purpose of this Ordinance, recreational vehicle shall mean:
A. A vehicle primarily designed and used as temporary
living quarters for recreational, camping, or travel purposes,
including a vehicle having its own motor power or a vehicle mounted on
or drawn by another vehicle such as a motor home or camper.
B. Boats and jet skis and trailers designed to transport
boats and jet skis.
C. Snowmobiles and trailers designed to transport
snowmobiles.
D. Off‑road vehicles and trailers designed to transport
off‑road vehicles.
E. Pop‑up tent and camper trailers.
F. Other similar vehicles deemed by the Zoning
Administrator to be a recreational vehicle.
This term shall not include motorcycles or motorbikes or other similar
means of transportation intended primarily for on‑street use.
REQUIRED YARD [Illustration Provided]
The required yard shall be that set forth in the applicable Chapters of
the Ensley Township Zoning Ordinance as the minimum yard requirement for
each District.
SECTION 2.19
DEFINITIONS - S
SALVAGE YARD (See JUNK YARD)
SATELLITE DISH ANTENNA, OR DISH ANTENNA
An apparatus capable of receiving communications from a transmitter or a
transmitter relay located in planetary orbit.
SETBACK [Illustration Provided]
The distance required to obtain minimum front, side or rear yard open
space provisions of this Ordinance.
SIGN (See Section 14 ‑ SIGNS) [Illustration Provided]
SIGNIFICANT NATURAL and CULTURAL FEATURES
Any natural area or cultural feature as designated by the Township
Master Plan, Township Zoning Map, Michigan
Department of Natural Resources, Michigan Department of Environmental
Quality, Michigan State Historic Preservation Officer, or the United
States Fish and Wildlife Service which exhibits unique topographic,
ecological, hydrological, or historical characteristics such as a
wetland, floodplain, water features, or other unique natural features,
and features considered to be of historic significance.
SINGLE OWNERSHIP
Ownership by one (1) person or by two (2) or more persons jointly, as
tenants by the entirety, or as tenants in common.
SPECIAL LAND USE
A use which is permitted only after review and approval by the Planning
Commission and Township Board as provided for under the provisions of
the Township Rural Act, Michigan Public Act 184 of 1943, as amended.
SPECIFIED ANATOMICAL AREAS
A. Less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately above
the top of the areola; and
B. Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. Human genitals in a state of sexual stimulation or
arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic
region, buttock or female breast.
STORY
That part of a building included between the surface of any floor above
the average grade or ground at the foundation and the surface of the
next floor, or if there is no floor above, then the ceiling next above.
STORY, HALF
An
uppermost story lying under a sloping roof having an area of at least
two hundred (200) square feet with a clear height of seven (7) feet six
(6) inches.
STREET
A
public, dedicated right‑of‑way, other than an alley, which affords the
principal means of access to abutting property, or a private street or
easement which affords principal access to a lot or abutting property.
STRUCTURE
Anything constructed or erected, the use of which requires location on
the ground or attachment to something on the ground.
SUBDIVISION
A
development subject to the provisions of Michigan Public Act 288 of
1967, as amended.
SUBSTANTIAL IMPROVEMENT
Any
repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds fifty percent (50%) of the market value of the
structure either, before improvement or repair is started, or if the
structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure safe
living conditions, or any alteration of a structure listed on the
National Register of Historic Places or the Michigan Register of
Historic Places.
SWIMMING POOL
A
constructed basin or structure for the holding of water for swimming and
aquatic recreation. Refer to Section 3.13, SWIMMING POOLS.
SECTION 2.20
DEFINITIONS - T
TOWNSHIP
Ensley Township, Newaygo County, Michigan.
TOWNSHIP BOARD
The Township Board of Ensley Township.
TRUCK TERMINAL
A building or area in which freight brought by truck is assembled and/or
stored for routing or reshipment, or in which semi‑trailers, including
tractor and/or trailer units and other trucks, are parked or stored.
TRUE CASH VALUE
The value placed on a property by the Township Assessor on the last tax
day, being December 31st of each year, as kept in the records of the
Township.
SECTION
2.21 DEFINITIONS - U (Reserved for future use)
SECTION 2.22
DEFINITIONS - V
VEHICLE SERVICE STATIONS
Buildings and premises where the principal uses include the supply and
dispensing at retail of motor fuels, lubricants, batteries, tires, and
other similar motor vehicle accessories, or the minor servicing of
vehicles, including such activities as engine tune‑ups, oil changes,
muffler replacements, and other similar minor repairs, but not including
body shops.
VIOLATION
Any
action resulting in the violation of the requirements of this Ordinance,
or the requirements or conditions attached to the use or development of
a parcel, building, or facility resulting from the bonafide actions of
the Zoning Administrator, Planning Commission, Township Board, or Zoning
Board of Appeals.
SECTION 2.23
DEFINITIONS - W
WASTE
DUMPSTER
A
container used for the temporary storage of rubbish and/or materials to
be recycled pending collection, having a capacity of at least one (1)
cubic yard.
SECTION 2.24 DEFINITIONS ‑ X
(Reserved for future use)
SECTION 2.25
DEFINITIONS - Y
YARDS [Illustration Provided]
The open spaces on the same lot with a main building that are unoccupied
and unobstructed from the ground upward except as otherwise provided in
this Ordinance, and as defined herein.
A. FRONT YARD
An open space extending the full width of the lot, the depth of which
is the minimum horizontal distance between the front lot line and the
building line of the main building. In the case of a lot having
frontage on a body of water, the front yard shall be considered that
area between the shoreline and the building line of the main
building. In the case of a corner lot, all lot lines abutting a
street (public or private) shall be considered a front lot line with
front yards provided for each.
B. REAR YARD
An open space extending the full width of the lot, the depth of which
is the minimum horizontal distance between the rear lot line and the
building line of the main building. In the case of a corner lot, the
rear yard may be opposite either street frontage.
C. SIDE YARD
An open space between a main building and the side lot line, extending
from the front yard to the rear yard, the width of which is the
horizontal distance from the nearest point on the side lot line to the
building line of the main building.
YARD, REQUIRED
The required yard shall be that set forth in the applicable Chapters of
the Ensley Township Zoning Ordinance as the minimum yard requirement for
each District.
SECTION 2.26
DEFINITIONS - Z
ZONING ACT
The Township Rural Zoning Act; Act 184 of 1943 of the Public Acts of
Michigan, as amended.
ZONING ADMINISTRATOR
The person designated by the Township Board to administer the provisions
of this Zoning Ordinance.
ZONING BOARD OF APPEALS (See BOARD)
SECTIONS 2.27 through 2.99 RESERVED FOR FUTURE USE
SECTION 3.00 AREA, HEIGHT AND USE CONDITIONS AND EXCEPTIONS
A. Required Area or Space ‑ A lot or lots in common ownership
or a yard, court, parking area, frontage, dimension, 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. If 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.
B. Existing Lots of Record ‑ A lot which is platted, or
otherwise lawfully of record as of the effective date of this Ordinance,
may be used as specified in the District, provided the lot can meet the
provisions of Section 3.20, Health Department Approval, and applicable
building code requirements. The main building shall be located on the lot
to assure maximum compliance with all yard and setback requirements for
the District in which the lot is located. Accessory structures shall meet
the setback requirements of Section 3.11.
C. Non‑conforming, Adjacent, Lots of Record in Common Ownership
‑ If two or more lots of record or combination of lots and portions of
lots of record, in existence at the time of the passage of this Ordinance,
or an amendment thereto, are in common ownership and adjacent each other
or have continuous frontage and which individually do not meet the
requirements established for lot width or lot area, the lands involved
shall be considered to be an undivided parcel for the purposes of this
Ordinance, and no portion of such parcel shall be used or divided in a
manner which diminishes compliance with lot width and area requirements
established by this Ordinance.
D. Height Exceptions
1. The following buildings and structures shall be exempt from
height regulations in all Districts: parapet walls not exceeding four (4)
feet in height, chimneys, cooling towers, elevator bulkheads, fire towers,
grain elevators, silos, stacks, elevated water towers, public monuments,
cupolas, domes, spires, penthouses housing necessary mechanical
appurtenances, wind‑powered electrical generators, and television and
radio reception and transmission antennas and towers which do not exceed
one hundred (100) feet in height.
2. Additions to existing buildings and
structures which now exceed the height limitations of their 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. Said
radius to be measured from the structure or building which shall serve as
the center of the circular area.
SECTION 3.01
REQUIRED YARDS OR LOTS
A. Minimum Requirements ‑ All lots, yards, parking areas or
other spaces created after the effective date of this Ordinance shall
comply with the minimum requirements of the District in which they are
located.
B. Exclusion of Private Street Easements in Computing Lot Area
and Width ‑ Computations for minimum lot area and width shall not include
lands or areas used for private easements granted to other properties for
purposes of establishing or maintaining a private street, land located
under or comprising a public road right‑of‑way or land or bottomlands
located under a lake, stream, or river.
C. Measuring Yard Setbacks ‑ Required yard setbacks shall be
measured from the lot lines, except for lots which derive access from a
private street, or have an easement for a private street on the property,
in which case the setbacks shall be measured from the easement line.
D. Dwellings on More Than One (1) Lot ‑ If a structure is to be
located on two (2) or more lots under single ownership, or if adjacent
lots are required to maintain minimum lot area or yard requirements, the
entire parcel shall be considered a lot for purposes of this Ordinance and
the lots shall be legally and automatically combined into one (1)
individual lot.
SECTION 3.02
PRINCIPAL USE OR MAIN BUILDING ON A LOT
A. In all Districts, no more than one (1) principal use or main
building shall be placed on a lot, except for groups of related industrial
or commercial buildings, or multiple family dwellings, contained within a
single, integrated complex, sharing parking, access, and other similar
site features.
B. If any part of any building is lawfully used for residential
purposes and the remainder thereof is lawfully used for business,
commercial, or other non‑residential use, the part thereof used for
residence purposes shall comply with the underlying residential district
standards. If the underlying district does provide for residential
standards, than the requirements of the R‑S, Suburban Residential
District, shall apply to that part of the building used for residential
purposes.
SECTION 3.03 DOUBLE FRONTAGE
LOTS
A. Buildings on lots having frontage on two (2) intersecting or
non‑intersecting streets shall comply with front yard requirements on both
such streets.
B. Other than corner lots with frontage on two (2) intersecting
streets, double frontage lots shall not be permitted.
C. Lots fronting on a lake shall comply with front yard
requirements on that part of the lot facing the shoreline. In such cases,
the yard opposite the front yard shall be considered the rear yard.
SECTION 3.04 MINIMUM LOT WIDTH
The minimum lot width required in each zoning district shall be maintained
across the entire length of the lot. All lots shall have frontage on a
public or private street for a distance equal to or greater than the
minimum lot width specified for the district in which the lot is located.
For all lots abutting or having frontage on a lake, river or stream, each
lot shall have frontage on the lake, river, or stream, as measured at the
normal highwater mark, equal to or greater than the minimum lot width
requirement of the zoning district within which the property is located.
For purposes of this section, the measurement of lot width and frontage
shall exclude all road or street right‑of‑way or easements.
Notwithstanding the above, lots with frontage on a cul‑de‑sac shall be
permitted to have less street or road frontage (but in no case less than
forty (40) feet of such frontage), provided, however, that a special use
permit is obtained pursuant to Chapter 13 hereof and further provided that
the lot width at the front setback line (or rear setback line in the case
of waterfront lots) and beyond shall satisfy the minimum lot width
requirement of the district in which the lot is located.
SECTION 3.05 USE OF BASEMENT FOR DWELLING PURPOSES
A. The use of any unfinished basement or finished basement
without a direct outside access shall be prohibited for use as a dwelling
unit. Any dwelling without a full floor above grade shall be considered a
basement dwelling.
SECTION 3.06
PROJECTIONS INTO YARDS
A. Certain architectural features such as cornices, bay windows
(or windows without foundations), gutters, chimneys, pilasters, roof
overhangs, and similar features may project no further than four (4) feet
into a required front or rear yard, and may not project into the required
side yard.
B. Porches, decks, balconies, or window awnings and similar
structures.
1. On non‑waterfront lots, an open,
unenclosed, and uncovered porch, paved terrace, deck, balcony or window
awning, which is constructed above the average grade level may project no
further than ten (10) feet into a required front yard, no further than
fifteen (15) feet into a required rear yard, and shall not project into a
required side yard. In no case shall a porch, deck, balcony or awning be
placed closer than ten (10) feet to any front or rear lot line
2. On waterfront lots, an open, unenclosed,
and uncovered porch, paved terrace, deck, balcony or window awning, which
is constructed above the average grade level shall meet the front and rear
yard setbacks established by existing porches, terraces, decks, balconies
and awnings for buildings within one‑hundred (100) feet of the lot line of
the proposed structure. No such structure shall project into a required
side yard. In no case shall a porch, deck, balcony or awning be placed
closer than ten (10) feet to any front or rear lot line.
SECTION 3.07 CLEAR VISION
CORNERS
On any street corner, nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision between a
height of thirty (30) inches and eight (8) feet above the established
abutting road grade within a triangle formed by the two street
right‑of‑way lines and a line connecting them to points twenty‑five (25)
feet from the intersection of the right‑of‑way lines.
SECTION
3.08 CONTROL OF HEAT, GLARE, FUMES, DUST, NOISE, VIBRATION AND ODORS
Every use shall be so conducted and operated such that it is not obnoxious
or dangerous by reason of heat, glare, dust, noise, vibration or odors
beyond the lot on which the use is located, provided however, these
provisions shall not prohibit the lawful use of land for farming
operations.
SECTION 3.09 TEMPORARY USES OR STRUCTURES REQUIRING ZONING ADMINISTRATOR
AUTHORIZATION
A. Temporary Offices.
1. Upon application, the Zoning Administrator may 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 twelve (12) calendar months and may be renewed by the Zoning
Administrator for one (1) additional successive period 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 Administrator
may issue a permit for a temporary sales office or model home 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
twelve (12) calendar months and may be renewed by the Zoning Administrator
for two (2) 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.
B. Mobile Homes as Temporary Residences.
1. The Zoning Administrator may issue a permit
to an individual to park and occupy a temporary mobile home in any
District provided that the Zoning Administrator makes the following
determinations:
a. The mobile home will be
used only as a temporary use on the same lot while the individual is
constructing a permanent residence.
b. A building permit has been
issued for the construction of a permanent residence to the individual
applying for the temporary mobile home permit.
c. The mobile home dwelling
meets the requirements of the Newaygo County Health Department and all
applicable Township ordinances.
2. Upon applying for a temporary mobile home
permit, the applicant shall pay a fee to the Township as determined by the
Township Board. The permit fee shall be remitted to the Township
Treasurer. The original temporary mobile home permit shall be limited to a
period of twelve (12) months. If the permanent residence is not
approximately fifty percent (50%) complete, as determined by the Zoning
Administrator, within the twelve (12) month period, a six (6) month
extension or less shall be permitted by the Zoning Administrator only for
the purpose of completing the residence.
3. Upon the filing of an application for
continuation of any mobile home permit, the applicant shall pay a fee, as
determined by the Township Board; and such fee shall be remitted to the
Township Treasurer. Such fee shall be for the consideration of such
application, and no refund shall be made in the event of denial.
4. In addition to the original application fee, the
applicant shall post a bond, cash deposit, or other security acceptable to
the Township Board, in the amount of five hundred dollars ($500.00) to be
placed in a non‑interest bearing, escrow, account as a guarantee that a
mobile home used as a temporary residence will be removed within thirty
(30) days after expiration of the temporary mobile home permit. In the
event the temporary mobile home is not removed as required, the Township
may use any or all of the guarantee to have the mobile home removed and
stored. Any portion of the guarantee not used by the Township for the
above stated removal and storage shall be returned to the applicant.
C. Standards for Temporary Uses and Structures ‑ In considering
authorization for all temporary uses or structures, the Zoning
Administrator shall consider the following standards:
1. That the use or structure does not have an unreasonable
detrimental effect upon adjacent properties;
2. That the use or structure is reasonably necessary for the
convenience and safety of the construction proposed;
3. That the use or structure does not impact the nature of the
surrounding neighborhood;
4. That access to the use area or structure is located at the
least offensive point.
D. Conditions ‑ The Zoning Administrator may attach reasonable
conditions to temporary uses or structures to ensure that the standards of
this Section are met.
SECTION 3.10 ACCESSORY
USES
A. In any District, accessory uses, incidental only to a
permitted use, are permitted when located on the same property; provided
that such accessory uses shall not involve the conduct of any business,
trade or industry. This provision shall not mean the exclusion of home
occupations as regulated by this Ordinance, nor shall it exclude the
operation of a garage or yard sale, provided that such sale is not
operated for more than a total of five (5) days within any thirty (30) day
period.
B. Gardening and the keeping of domestic or farm animals shall
be considered customary to, and commonly associated with, the operation of
the Permitted Uses or Special Land Uses; subject to the requirements of
Sections 3.24.
C. Except as provided by this Ordinance, no accessory use shall
be established on any lot unless a principle use has been established on
the same lot.
SECTION 3.11
ACCESSORY BUILDING
A. General Requirements
1. In any District, except as noted elsewhere,
an accessory building may be erected detached from the main building, or
it may be erected as an integral part of the main building.
2. When erected as an integral part of the
main building, it shall comply in all respects with the requirements of
this Ordinance which are applicable to the main building.
3. No accessory building shall be erected in the required
front yard, except that on lots with frontage on a lake and with a single
family dwelling, not more than one (1) accessory building may be erected
in the required front yard, but such accessory building shall be located
at least fifteen (15) feet from the shoreline and shall not exceed
one‑hundred (100) square feet in area.
4. The distance between detached accessory
buildings or garages and the main building or buildings shall not be less
than ten (10) feet. Accessory buildings or garages shall be considered as
attached to the main building when the distance between structures is
solidly covered by a breezeway, portico, covered colonnade, or similar
architectural device.
5. Except in the Agricultural Residential (A‑R) District, no
accessory building shall be erected or placed on a lot unless a main
building has been erected, placed, or established on the same lot. One
(1) accessory building may be placed on a vacant lot in the Agricultural
Residential (A‑R) District provided:
a) The lot shall be no less than ten (10) acres.
b) The building shall not be placed in a required front,
side, or rear yard.
c) The building shall be used for the housing of farm
equipment and supplies.
B. Accessory buildings shall be permitted within the A‑R, R‑L,
R‑S, R‑A, and RMH Districts or with any residential use provided that the
following restrictions are met:
1. Except for farms associated with
residential uses, no more than two (2) detached accessory buildings
shall be permitted on any residential lot.
2. In the R‑S and R‑L Districts, a detached
accessory building shall not exceed six hundred and twenty four (624)
square feet. The combined area of two (2) detached accessory buildings
shall not exceed seven hundred and forty four (744) square feet.
3. An accessory building located in the rear
yard shall not occupy more than twenty‑five percent (25%) of the
required rear yard area.
4. Accessory buildings in excess of one
hundred and twenty (120) square feet must be designed, constructed, and
finished such that the exterior appearance is similar to that of the
main building, except for those used in farming operations.
5. No detached accessory building shall be
located closer than ten (10) feet to any main building. The drip edge of
any detached accessory building shall not be located closer than ten
(10) feet to any side lot line or ten (10) feet from the rear lot line.
6. No accessory building shall exceed
sixteen (16) feet in
height, as measured from the average grade to the highest point of the
roof, except for those used in farming operations, which may be as high
as reasonably necessary.
C. Other District Accessory Buildings and Structures
Accessory buildings shall be permitted within the Commercial and
Industrial Districts provided that the following requirements are met:
1. No more than two (2) detached accessory
buildings shall be permitted on any lot.
2. The total area of all accessory buildings
shall not exceed twenty‑five percent (25%) of the floor area of the main
building(s).
3. A detached accessory building shall meet
all setback requirements for the District in which it is located.
4. No detached accessory building shall be
located nearer than ten (10) feet to any main building.
5. No accessory building shall exceed the
permitted height for main buildings in the District in which it is
located, as measured from the average grade to the highest point of the
roof.
D. Construction of Accessory Building
Accessory buildings shall be stick‑built or the equivalent new building
construction. No mobile home, tank, junk object, or salvage materials,
trailer, vehicle or similar item shall be utilized as an accessory
building or storage structure; provided, however, that such requirement
shall not be applicable to bona fide agricultural storage or activities,
or to tool sheds or similar temporary storage structures utilized pursuant
to the construction of a building so long as the period of construction
does not exceed one (1) year.
SECTION 3.12 FENCES
A. Fences shall not exceed six (6) feet in height in
Residential Districts or eight (8) feet in height in Non‑Residential
Districts, measured from the ground surface to the uppermost portion of
the fence; provided however, fences in the A‑R District may exceed the
above limitations if necessary for the containment of animals.
B. Fences erected within the required front yard in any
District shall not exceed three (3) feet in height, except when used to
enclose vacant land or land used for agricultural purposes, which may be
up to six (6) feet in height. Fences within the required front yard shall
be of a type which is not more than twenty‑five percent (25%) solid, so as
not to obscure vision at the right‑of‑way or property line of the lot or
parcel on which it is placed.
C. Fences in Non‑Residential Districts which enclose storage
lots or other areas requiring security may contain barbed wire, provided
that the barbed wire portion of the fence shall not be nearer than six (6)
feet from the surface of the ground. Fencing in the A‑R District for the
containment of animals may include barbed wire and/or electrified fencing
at heights necessary for said containment. The installation of
electrified fencing shall comply with applicable Electrical Codes and such
fencing shall not pose a threat to the public health, safety, or welfare.
D. Fences shall not be erected within any public right‑of‑way
in any District.
E. Fences shall not be erected or maintained in any District
in such a way as to obstruct the vision of vehicle drivers within the
triangular area formed by the intersection of the street right‑of‑way
lines and a line connecting two points located on those intersecting
right‑of‑way lines twenty‑five (25) feet from the point of intersection
with the right‑of‑way lines.
F. Fences erected for the containment of animals which are not
native to the State of Michigan or which require a State or Federal permit
for said containment shall require a Special Use Permit.
SECTION 3.13 SWIMMING
POOLS
A. Pools used for swimming or bathing shall be in conformity
with the requirements of this Section; provided, however, these
regulations shall not be applicable to any such pool less than twenty‑four
(24) inches deep or having a surface area less than two hundred and fifty
(250) square feet, except where such pools are permanently equipped with a
water recirculating system or involve structural materials.
B. A swimming pool or appurtenances thereto shall not be
constructed, installed, enlarged or altered until a building permit has
been obtained.
C. The outside edge of the pool wall shall not be located
closer than ten (10) feet from any rear or side property line. Swimming
pools shall not be located in the front yard.
D. Each pool shall be enclosed by a fence or wall with a height
of at least four (4) feet, sufficient to make such body of water
inaccessible to small children. Such enclosure, including gates therein,
must be not less than four (4) feet above the underlying ground; all gates
must be self‑latching with latches placed four (4) feet above the
underlying ground or otherwise made inaccessible from the outside to small
children.
E. All swimming pool installations shall comply with the
building codes in force in Ensley Township and all standard codes referred
to therein.
SECTION 3.14 HOME
OCCUPATIONS
All home occupations shall be subject to the following restrictions and
regulations:
A. The home occupation shall be conducted by a person whos a
resident of the premises, except that not more then two (2) persons may be
employed who is not a resident of said premises.
B. No motor other than electrically operated motors shall be
used in conjunction with such home occupation, and the total horsepower of
such permitted electrical motors shall not exceed ten (10) horsepower, or
five (5) horsepower for any single motor. All motors and equipment used in
the conduct of any home occupation shall be shielded so as not to cause
radio or television interference.
C. There shall be no exterior alteration in the residential
character of the premises in connection with such home occupation and no
more than twenty percent (20%) of the living area of the dwelling shall be
devoted to such home occupation.
D. No merchandise or articles for sale shall be displayed for
advertising purposes so as to be viewable from outside the main building
and no sign or device relative to the sale of such merchandise shall be
displayed on the premises.
E. All articles or materials used in connection with such home
occupation shall be stored in the main and accessory buildings. No outside
storage is permitted.
F. No traffic shall be generated by such home occupation in
greater volume than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct of such
home occupation shall be provided off the street and not within the
required front yard.
G. There shall be no sale of products or services except as are
produced on the premises by such home occupation, except that products not
produced on the premises that are incidental to services being performed
as a part of the home occupation may be sold in limited quantities.
H. Instruction in craft or fine art, within a dwelling, by a
resident member of the family residing in the dwelling, shall be
considered a home occupation and shall be subject to the requirements for
a home occupation.
SECTION 3.15 RESIDENTIAL STRUCTURES-USE FOR COMMERCIAL OR INDUSTRIAL
Residential structures, or buildings accessory thereto and additions to
the same, may not be used for commercial or industrial purposes, except as
may be permitted in Section 3.14.
SECTION 3.16
MECHANICAL APPURTENANCES
Mechanical appurtenances shall not be closer than twenty (20) feet to
adjoining properties.
SECTION 3.17 DISH ANTENNA
A. Dish antennas are permitted in all Districts upon approval
of the Zoning Administrator, provided the setback requirements of Section
3.11 for detached accessory buildings are maintained and the following
conditions satisfied:
1. The antenna shall be permanently anchored to a foundation.
2. No portion of the antenna shall conduct or display any
advertising, message, or other graphic representation intended for
commercial purposes other than the manufacturer's name.
3. No dish antenna shall exceed a height of fifteen (15) feet,
including its mounting structure.
4. No dish antenna shall be located in any front yard.
B. A dish antenna may be mounted on the roof of a main or
accessory building provided it shall not exceed a height of five (5) feet
above the peak of the roof of the building, including the mounting
structure.
C. If the antenna is to be located in the side yard, or in the
rear yard on the street side of a lot, the Zoning Administrator may
require that a landscape screen be installed around the antenna to
obstruct the view of the antenna from adjoining properties or from the
street.
D. Modification of the provisions of this Section may be
approved by the Zoning Administrator provided the applicant demonstrates
that reception comparable to other such installations in the Township may
not be achieved as a result of complying with said provisions. In such
instances, the Zoning Administrator shall modify only those requirements
necessary to obtain proper reception.
E. Dish Antennas one (1) meter (39.37 inches) or less in
diameter are exempt from the above requirements.
SECTION 3.18
ESSENTIAL SERVICES
A. 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 District.
B. Notwithstanding the provisions contained above:
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 buildings when located in
any Residential District shall not include maintenance shops, repair
garages, or storage yards as a principal or accessory use.
3. Public utility facilities in any 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.
SECTION
3.19 GOVERNMENTAL IMPROVEMENTS
Unless preempted by statute, 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.
SECTION
3.20 HEALTH DEPARTMENT APPROVAL
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 do not comply with the rules and regulations governing potable
water supplies and waste and sewage disposal in Newaygo County.
SECTION 3.21 RAZING OF BUILDINGS
No building shall be razed until a building permit has been obtained. The
Building Inspector shall be authorized to require a performance guarantee
in any amount not to exceed one thousand dollars ($1,000) for each one
thousand (1,000) square feet or fraction thereof of floor area of the
building to be razed. Said guarantee shall be conditioned on the applicant
completing the razing within such reasonable period as shall be prescribed
in the permit and complying with such regulations as to health and safety
as the Building Inspector may, from time to time, prescribe, including
filling of excavations, proper termination of utility connections, and
other applicable building codes.
SECTION 3.22 MOVING OF BUILDING
A. No existing building or structure of any type or kind shall
be moved into the Township or moved from one lot in the Township to
another lot in the Township unless a permit is issued by the Building
Inspector. All such buildings shall meet the construction code as adopted
by the Township. In considering such permit, the Building Inspector shall
consider the following standards:
1. The type and kind of construction of the
existing building in relation to its strength and whether or not the
building may be a fire hazard.
2. Whether or not the type and age of the
building is in keeping with adjoining and neighboring buildings.
3. The requirements of this Ordinance.
SECTION
3.23 NONCONFORMING USES, BUILDINGS OR STRUCTURES
A. Continuance of Nonconforming Uses
Except where specifically provided to the contrary, and subject to the
provisions of this Section, the lawful use of any building or structure or
of any land or premises which is existing and lawful on the effective date
of this Ordinance, or in the case of an amendment of this Ordinance, then
on the effective date of such amendment, may be continued even though such
use does not conform with the provisions of this Ordinance or any
amendment thereto.
B. Continuance of Buildings or Structures
Except where specifically provided to the contrary and subject to the
provisions of this Section, a building or structure which is existing and
lawful on the effective date of this Ordinance, or, in the case of an
amendment of this Ordinance, then on the effective date of such amendment,
may be maintained and continued even though such building or structure
does not conform with the provisions of this Ordinance or any amendment
thereto.
C. Expansion
Structures, buildings or uses nonconforming by reason of height, building
area (size) and/or parking and loading space provisions only may be
extended, enlarged, altered, remodeled or modernized when the following
conditions are met:
1. The building or structure shall comply
with all height, area, and/or parking and loading provisions of the
underlying district with respect to such extension, enlargement,
alteration, remodeling or modernization, except as noted in Section
3.00, D, 2.
2. The Zoning Administrator shall determine
that such alteration, remodeling, or modernization will make the
building or structure more conforming to underlying zone district
standards.
3. Any use of a building or structure which
is nonconforming by reason of parking and loading provisions and which
is thereafter made conforming or less nonconforming by the addition of
parking and/or loading space shall not thereafter be permitted to use
such additionally acquired parking and/or loading space to meet
requirements for any extension, enlargement, or change of use which
requires greater areas for parking and/or loading space.
4. No nonconforming use of any land or
structure shall hereafter be enlarged or extended except after the
approval of the Zoning Board of Appeals and which approval shall be
granted only upon a finding of all of the following facts:
a. That the enlargement or
extension will not substantially extend the probable duration of such
nonconforming use.
b. That the enlargement or
extension will not create requests for variances in the area.
c. That the enlargement or
extension will not interfere with the use of other properties in the
vicinity for the uses for which they have been zoned, nor with their use
in compliance with all of the provisions of this Ordinance.
D. Restoration and Repair
1. Subject to the provisions of this
Section, 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.
2. All repairs and maintenance work required to keep a
nonconforming building or structure in sound condition may be made but
it shall not be structurally altered to permit the use of such building
or structure beyond its natural life except for repairs necessary to
maintain public safety.
3. In the event any non‑residential
nonconforming building or structure is damaged by fire, wind, Act of God
or public enemy, it may be rebuilt or restored if the cost thereof does
not exceed fifty percent (50%) of the true cash value of the
nonconforming building or structure prior to its damage or destruction.
4. In the event any non‑residential
nonconforming building or structure is damaged by fire, wind, Act of God
of public enemy such that the cost of restoration or repair would exceed
fifty percent (50%) of the true cash value of the nonconforming building
or structure prior to its damage or destruction, a substantial
improvement or rebuilding shall only be permitted if first authorized by
the Zoning Board of Appeals. In considering such authorization, the
Board of Appeals shall consider the following standards:
a. Whether such
substantial improvement will significantly extend the probable
duration of the nonconforming use.
b. Whether or not the land
previously occupied by the nonconforming use can be reasonably used
for a use permitted in the applicable District.
5. In the event any residential
nonconforming building or structure is in need of general repair or
improvement or replaced due to physical deterioration or damaged by
fire, wind, act of God, or public enemy, in part or in whold, said
building may be repaired, improved, reconstructed or restored in
accordance with the underlying zoning district standards. In the event
the underlying zoning district standards cannot be met due to a
pre‑existing non‑conformity such as an undersize lot area, insufficient
lot width, and/or other factors of a similar nature, the building may be
repaired, improved, reconstructed or replaced in compliance with the
underlying zoning district standards to the maximum extent possible. In
no case, however, shall the extent or degree of nonconformity which
existed before the repair or improvement or damaging occurred be
increased, unlass a variance has been authorized by the zoning board of
appeals pursuant to the provisions of this ordinance.
E. Change or Discontinuance
1. The nonconforming use of a building or
structure or of any land or premises shall not be:
a. Changed to any other
nonconforming use.
b. Reestablished after it
has been changed to a conforming use.
c. Reestablished after
abandoned or discontinued for a continuous period of twelve (12) months.
A nonconforming use shall be determined to be abandoned if one or more
of the following conditions exists, and which shall be deemed to
constitute an intent on the part of the property owner to abandon the
nonconforming use:
(1) Utilities, such as water,
gas and electricity to the property, have been disconnected;
(2) The property, buildings, and grounds have
fallen into disrepair;
(3) Signs or other indications of the existence
of the nonconforming use have been removed;
(4) Removal of equipment or fixtures which are necessary for
the operation of the nonconforming use;
(5) Other actions, which in the opinion of the Zoning
Administrator, constitute an intention of the part of the property owner
or lessee to abandon the nonconforming use.
F. Building or Structure Under Construction on Effective Date
of Ordinance
Any building or structure shall be considered existing and lawful and
for purposes of Section 3.23, A, to have been in use for the purpose for
which constructed if on the effective date of this Ordinance, a building
permit has been obtained therefore, if required, or, if no building
permit is required, a substantial start has been made toward
construction and construction is thereafter pursued diligently to
conclusion.
G. Nonconformance Under Previous Zoning Ordinances
Any structures or uses which fail to conform to the previous Ensley
Township Zoning Ordinance, were not permissible, nonconforming uses or
structures thereunder, and which violate the within Zoning Ordinance
shall not be considered permissible nonconforming uses under the within
Ordinance but shall be considered impermissible nonconforming uses and
subject to the penalties of this Ordinance.
SECTION
3.24 KEEPING OF ANIMALS AND PETS
A. No more than three (3) adult [six (6) months of age or
older] dogs shall be kept or housed for each dwelling unit in any
Residential District.
B. Any other provision of this Ordinance notwithstanding, the
keeping, housing, raising, or medical care of fowl or animals other than
house pets of an occupant of the premises, is subject to the following
provisions:
1. On lots of one‑half (½) acre, but less than
one (1) acre: raising and keeping fowl and/or rabbits and/or other small
animals for pets, not to exceed three (3) per family;
2. On lots of greater than one (1) acre, but
less than five (5) acres: raising and keeping fowl and/or rabbits and/or
other small animals commonly raised for human consumption in numbers no
greater than is required to satisfy the personal needs of the human
residents of the premises;
3. On lots of five (5) acres to ten (10)
acres; the uses permitted by paragraph 2, above; and one (1) horse, or one
(1) cow, or one (1) pig for each acre, or part thereof, provided that any
pig pen or building or structure housing these animals shall be a minimum
of fifty (50) feet from any property line.
4. On lots of greater than ten (10) acres the
restrictions of Section 3.24, B, 1‑3 do not apply.
5. Commercial kennels, riding stables, animal hospitals, and
veterinary clinics shall be subject to the District requirements in which
they are permitted.
C. Where animals other than house pets of the owner or occupant
of the premises are kept or allowed outside, a fence of such construction
as to keep said animals from leaving the premises at will shall be
provided.
D. All premises for the keeping of animals shall be regularly
maintained in a safe and sanitary condition.
E. The keeping of animals, other than household pets, on lots
of less than ten (10) acres shall be subject to review and approval by the
Zoning Administrator. In granting approval, the Zoning Administrator
shall determine:
1. The premises to house the animals shall be of a safe and
sanitary condition;
2. Necessary fencing has been erected and in good repair; and,
3. The location of housing will not be detrimental to adjacent
property.
F. Approval by the Zoning Administrator for placement of
animals on less than ten (10) acres shall be given to, and limited to, the
resident of the property. Should said resident cease to reside on said
property, all approvals shall become null and void. The new resident
shall not house animals regulated by this Section until he/she receives
authorization from the Zoning Administrator who shall determine approval
based on application of the above, or amended, standards.
SECTION 3.25 MINIMUM REQUIREMENTS FOR DWELLINGS OUTSIDE MANUFACTURED HOME
PARKS
A. All dwelling units located outside of manufactured home
parks shall comply with the following requirements:
1. All dwelling units shall provide a
minimum height between the floor and ceiling of seven and one‑half (7½)
feet (seven feet and six inches).
2. The minimum width of all elevations
(sides of the home) shall be no less than fourteen (14) feet.
3. There shall be a foundation of concrete
or block around the entire exterior perimeter of all dwellings. The
foundation shall have a minimum depth of forty‑two (42) inches below
grade. The foundation shall provide a maximum exposed foundation above
grade of sixteen (16) inches and a minimum exposed foundation above
grade of eight (8) inches. The Building Inspector may permit a lesser
requirement, based on soil conditions, building type, topography, and
any other relevant factor.
4. All dwellings without basements shall
provide a crawl space below the entire floor of the dwelling two (2)
feet in depth with a vapor barrier consisting of two (2) inches of
concrete on the floor of the crawl space. The crawl space shall also be
provided with adequate drains to drain any accumulation of water in the
crawl space. The Building Inspector may allow an alternative building
plan to be utilized if consistent with the approved construction code of
the Township.
5. All dwellings shall be firmly attached to
the foundation so as to be watertight as required by the construction code
currently adopted by the Township, or if a manufactured home shall be
anchored to the foundation by an anchor system designed and constructed in
compliance with the United States Department of Housing and Urban
Development Regulations entitled "Mobile Home Construction and Safety
Standards."
6. The wheels, pulling mechanism and tongue of
any manufactured home shall be removed prior to placement on a foundation.
7. All dwellings shall be connected to a
public sewer system and water supply system and/or a well or septic system
approved by the Newaygo County Health Department.
8. All dwellings shall provide steps or porch
areas, permanently attached to a foundation, where there exists an
elevation differential of more than one (1) foot between any door and the
surrounding grade. All dwellings shall provide a minimum of two points of
ingress and egress.
9. All additions to dwellings shall meet all
of the requirements of this Ordinance.
10. The pitch of the main roof of the dwelling unit shall not be
less than three (3) feet of rise for each twelve (12) feet of horizontal
run, and shall have not less than a twelve (12) inch overhang.
11. All dwellings shall contain a minimum floor area as required
by the underlying zone district.
12. All dwellings shall be aesthetically
compatible in design and appearance with other residences in the vicinity.
a. The compatibility of design and
appearance shall be determined in the first instance by the Zoning
Administrator upon review of the plans submitted for a particular
dwelling.
b. An appeal by an aggrieved party may be taken to the
Zoning Board of Appeals. Any determination of compatibility shall be
based upon the standards set forth in this section as well as the
character, design and appearance of residential dwellings located
outside of manufactured home parks within five hundred (500) feet of the
subject dwelling.
B. The foregoing shall not be construed to prohibit innovative
design concepts involving such matters as solar energy, view, unique land
contour, or relief from the common or standard designed home.
C. 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 Building Inspector. If the dwelling unit is a manufactured home, there
shall also be submitted adequate evidence to assure that the dwelling
complies with the standards applicable to manufactured homes set forth in
Section 3.28, A, of this Ordinance.
D. All manufactured homes shall meet the standards for
manufactured home construction contained in the United States Department
of Housing and Urban Development Regulations entitled "Mobile Home
Construction & Safety Standards" effective June 15, 1976, as amended. All
other dwellings shall meet the requirements of the construction code
adopted by the Township.
SECTION 3.26 RIPARIAN
ACCESS
The following restrictions are intended to limit the number of users of
lake or stream frontage in order to preserve the quality of the waters, to
promote safety, and to preserve the quality of recreational use of all
waters within the Township.
A. In all Districts there shall be at least fifty (50) feet of
lake, river, or stream frontage, as measured along the ordinary high water
mark of the lake, river, or stream, for each single family home, dwelling
unit, cottage, condominium unit, site condominium unit or apartment
utilizing or accessing the lake, river, or stream frontage; provided
however, the above frontage requirement shall not supercede frontage
requirements which may be greater as provided elsewhere within this
Ordinance.
B. The restrictions of this Section shall apply to all lots and
parcels on or abutting any lake, river, or stream in all Districts,
regardless of whether access to the lake, river, or stream waters shall be
by easement, park, common‑fee ownership, single‑fee ownership, condominium
arrangement, license, or lease.
C. 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 district in
which it is located and further such use is also approved as a special
land use or planned unit development.
D. The lake, stream and river access and use regulations
contained in this section shall be fully applicable to all planned unit
development and special land use projects or developments.
E. In addition to the above limitations, no easement, private
park, common area or lot or access property abutting or adjoining a lake
shall be used to permit access to the lake, river, or stream for more than
one (1) single‑family home, dwelling unit, condominium unit, site
condominium unit, apartment unit or any other use unless such additional
access is permitted in the zoning district in which it is located and
furthermore such use must also be approved as a special land use or
planned unit development.
SECTION 3.27
PRIVATE ROADS (STREETS)
Ensley Township determines that it is in the best interest of the public
health, safety, and welfare to regulate the construction, improvement,
maintenance, extension, relocation, and use of private roads to assure the
following:
A. That private roads are de‑signed with
sufficient width, surface, and grade to assure safe passage and
maneuverability of private vehicles, police, fire, ambulance, and other
safety vehicles.
B. That said roads are constructed of suitable
materials to ensure minimal maintenance and safe passage.
C. That private roads will be constructed so as
to protect against or to minimize soil erosion and to prevent damage to
the lakes, streams, wetlands, and natural environment of the Township.
D. That private roads are pr‑perly maintained.
E. Permits Required; Special Land Use
Approval:
1. No private road shall be constructed, extended, used,
utilized, upgraded to serve additional parcels, or relocated after the
effective date of this Ordinance unless an application for a private
road construction permit has been completed and filed with the Township
Building Inspector, the permit fee established by the Township has been
paid, the private road has been approved as a special land use, and a
permit has been issued.
2. The private road construction permit shall be issued only
if the private road has been approved as a special land use after review
and approval by the Township Planning Commission and the Township Board,
which shall consider the following review standards:
a. Whether the private road meets the requirements of this
section.
b. Whether the private road is reasonably necessary to be
private, or if it would be in the best interests of the Township for the
road to be a public road.
c. Whether the use of such private road has the potential to
create conditions which may be detrimental to the health, safety, or
welfare of persons or property through the creation of hazardous or
potentially hazardous situations.
d. Whether the standards of Chapter 13 of this Ordinance are
met.
3. The application for such permit shall provide all of the
following information:
a. The name(s) of the owner(s) and any other parties having
any legal interest in the private road and the property across which it
is to be constructed.
b. A site plan drawn to scale, prepared by a registered
engineer, showing all proposed lots along the private road, and also
showing the precise location, grade, route, elevation, dimensions, and
design of the private road and any proposed extensions thereto, existing
and proposed curb cuts, and the location and distance to any public
streets which the private road is to intersect. The plan may be
prepared by registered surveyor, or other qualified person, rather than
a registered engineer, if the proposed private road is to serve five (5)
or fewer parcels, main buildings, etc., and the Township waives said
requirement in writing.
c. A survey of the right‑of‑way by a registered land
surveyor, together with surveys for each parcel to be served by the
private road.
d. The location of all public utilities, including, but not
limited to, water, sewer, telephone, gas, electricity, and television
cable to be located within the private road right‑of‑way or within
twenty (20) feet of either side thereof. Copies of the instrument
describing and granting such easements shall be submitted with the
application.
e. The location of any lakes, streams, wetlands, and drains
within the proposed right‑of‑way or within one hundred (100) feet
thereof.
f. The location of any other buildings and structures
located, or to be located, within one hundred (100) feet of the private
road right‑of‑way.
g. A proposed maintenance agreement, as defined in this
section.
h. Any other requirements of this Ordinance.
F. The Building Inspector or his/her designee
shall have the right to enter upon the property where the private road is
(or will be) located to conduct such inspections as may be necessary to
enforce this section.
G. Standards for Private Roads
1. No special land use approval for a private road shall be
approved and no private road construction permit shall be issued until
and unless the plans, maintenance agreement, and proposed construction
comply with the following standards:
a) All private roads shall have a recorded permanent
right‑of‑way and easement with a minimum width of at least sixty‑six
(66) feet. The right‑of‑way shall also expressly permit public or
private utilities to be installed within the right‑of‑way.
b) The area in which the private road is to be located
shall have a minimum cleared width of twenty‑eight (28) feet, which
clearing shall always be maintained. The private road shall meet the
standards contained in the chart below:
PRIVATE ROAD CONSTRUCTION STANDARDS
Ensley Township
|
Private Road Standards |
Serving 1 Parcel |
Serving 2 to 5 Parcels |
Serving 6 or More Parcels |
|
Width of traveled road bed |
13 feet |
18 feet |
22 feet |
|
|
|
|
26 feet if storm sewer is included, including valley gutters |
|
Construction materials |
Minimum subbase of 12 inches of sand and 6 inches of finished compacted
gravel (No. 22A) on the top thereof |
Minimum subbase of 12 inches of sand and 6 inches of finished compacted
gravel (No. 22A) on the top thereof |
Minimum of 1‑3/4 inches of bituminous aggregate, meeting Michigan
Department of Transportation specification 1100t, as amended |
c) Any private road which terminates at a dead‑end shall
have a means for vehicle turnaround either by use of a cul‑de‑sac, with
a minimum radius of forty (40) feet, or by a continuous loop private
road system, both of which must be constructed in accordance with the
standards set forth in this section.
d) No private road shall extend for a distance of more than
three thousand (3,000) feet in length from the nearest public street
right‑of‑way, as measured along the centerline of the private road,
without a second direct access thereto being available from another
public street.
e) The road surface shall have a minimum crown of two‑tenths
(.2) of one (1) foot from the centerline of the private road to the
outside edge thereof.
f) A road shoulder, composed of six (6) inches of compacted
gravel shall be provided on each side of the private road surface, with
a minimum width of two (2) feet, containing a slope of twenty‑two
hundredths (.22) of a foot from the outside edge of the road surface to
the toe of the slope.
g) The maximum longitudinal road grade shall not exceed six
percent (6%), provided that the Township may allow up to a ten percent
(10%) grade provided that the applicant produces written justification
satisfactory to the Township engineer, that an increase in the road
grade with not adversely affect public safety and the design of the road
system(s) and the Township Engineer approves thereof in writing.
h) The layout of private road and the intersections of a
private road with either public or private road shall be such that clear
vision, safe turning and travel in all directions at the posted speed
limit is assured, as determined by the Township engineer. The minimum
distance between intersections of public and/or private road
rights‑of‑way shall not be less than three-hundred (300) feet, measured
along the right-of-way line thereof.
i) The private road shall he constructed with such storm
water runoff, culverts, and drainage contours as is required by the
Township to ensure adequate drainage and runoff.
j) The method and construction technique to be used in the
crossing of any natural stream, wetland, or drainage course shall
satisfy the requirements of the Township engineer and any other agency
having jurisdiction thereof.
k) The private road shall he given a name and street signs
shall he installed in accordance with the standards and approval of the
Newaygo County Road Commission. The private road addresses shall be
posted in a conspicuous place at the entrance to the private road (at
the intersection with the public road) in letters at least three (3)
inches high. Private roads serving two (2) or more dwellings shall have
a standard stop sign where the private road abuts the public road.
H. The applicant(s)/owner(s) of the private
road agree that by applying for and securing a permit to construct the
private road that they shall indemnify and will hold the Township harmless
from any and all claims for personal injury and/or property damage arising
out of the use of the private road or of the failure to properly
construct, maintain, repair, and replace the private road.
I. The applicant(s)/owner(s) of the proposed
private road right‑of‑way or private road shall provide the Township with
a recordable private road maintenance or restrictive covenant agreement
between the owner(s) of the private road right‑of‑way and any other
parties having any interest therein, or other documentation satisfactory
to the Township which shall provide for and assure that the private road
shall be regularly maintained, repaired, and snow plowed so as to assure
that the private road is safe for travel at all times and the cost thereof
paid. The applicant(s) agree, by filing an application for and receiving
a permit under this Ordinance, that they will assure that any building(s)
or parcels thereafter created or constructed on the private road shall
also be subject to the road maintenance or restrictive covenant agreement
and that said agreement shall be recorded and shall run with the land. A
copy of said agreement shall be furnished to the Township for approval
prior to the issuance of the permit.
J. Upon completion of construction of the
private road, the applicant(s) owner(s) shall remove and properly dispose
of, any and all trees, shrubs, construction debris, and rubbish.
K. Certificate of Compliance
1. Upon completion of construction of the private road, the
Building Inspector or his/her designee shall inspect the completed
construction to determine whether it complies with
2. the approved plans, specifications, permit, and this
Ordinance. If the private road serves six (6) or more parcels, the
applicant(s) shall provide the Township with a set of "as built"
drawings bearing a certificate and statement from a registered engineer
certifying that the private road has been completed in accordance with
the requirements of the permit.
3.
Ordinance, the applicant(s) shall be notified of the noncompliance in
writing and shall be give a reasonable period of time within which to
correct the deficiencies. Failure to correct the deficiencies within
the time provided shall subject the applicant(s) to the penalties
provided for in this Ordinance. No building permit shall be issued for
a lot along a private road until and unless this private road fully
complies with this Ordinance.
L. Fees.
1. Fees for the permits required hereunder shall be set by
the Township Board from time to time by resolution. Additionally, the
Township may require that the applicant(s) put sufficient funds in
escrow to cover the costs of having the Township attorney, engineer, or
other professional review the private road plans, specifications, and
maintenance agreements, and to do the necessary inspections.
M. Maintenance and Repairs of Private Road
1. Upon completion of the construction, improvement,
relocation, or extension of a private road, the applicant(s)/owner(s)
shall maintain, repair, and snowplow the private road right‑of‑way to
always comply with the requirements of this Ordinance and in such a
manner as to assure that the private road is safe for travel at all
times.
2. All driveways and private roads shall be continuously
maintained in such a way that they will not constitute a danger to the
health, safety, and welfare of the inhabitants of the Township. All
driveways and private roads shall be continuously maintained in such a
way that they are readily accessible to and usable by emergency vehicles
in all types of weather.
3. All costs for maintenance and repair of the private road
shall be the responsibility of the property owners or any property
owners' association served by the private road.
N. Location and Use of Private Roads
1. Private roads may be located in all zoning districts
except in the C‑Commercial and I‑Industrial Districts.
2. No commercial, business, or mercantile use shall utilize
or be located on a private road. Notwithstanding this prohibition,
agricultural uses may utilize private roads, and service drives for
commercial, business or industrial uses may be used only as otherwise
authorized by this or any other Township ordinance.
O. Permits for Buildings on Private Roads.
1. No building or other permit shall be issued for any
building, dwelling, use, or structure the primary access to which is to
be provided by a private road until a private road construction permit
has been issued and the private road has been approved and constructed
in accordance with the requirements of this section, or a performance
guarantee for such private road has been provided.
P. Approval by the Road Commission.
1. No private road construction permit shall be issued until
the applicant(s) has presented the Township with either an approved
private road permit by the Newaygo Road Commission, or a letter from the
Road Commission indicating that no private road permit from the county
is required at that location.
Q. Frontage.
1. All parcels utilizing a private road shall have frontage
on the approved private road right‑of‑way equal to the minimum lot width
requirement of the zoning district where the property is located.
R. Disclosure.
1. The following statement shall be put in a deed restriction
and recorded for any parcels serviced by a private road, before each
parcel is sold: "This property does not abut or front on a public road.
If a public road or street does not abut or service the property, it is
private and is not required to be maintained by any governmental unit."
S. Planned Unit Developments.
1. If the private road is proposed as part of a Planned Unit
Development, the provisions of this section may be modified by the
Township Board at its sole discretion for good cause shown.
T. Performance Guarantee.
1. The Township may, as a condition of the private road
construction permit, require that the applicant provide a performance
guarantee.
U. Effect.
1. New Private Roads. The provisions of this
section shall apply to
all private roads constructed from and after the effective
date of this Ordinance.
2. Extended Private Roads. If,
after the effective date of this
Ordinance, an existing private road is extended by an increase in its
length for the purpose of providing access to one or more additional
main buildings, dwellings, or parcels, or structures, the provision
of this section shall thereupon apply to the newly added
length of such private road.
3.
The segment of the private road in existence at the
time of the adoption of this Ordinance shall comply with the following
provisions of this section only if the number of
additional main buildings, dwellings, or parcels served by the
private road exceedsfifty percent (50%) of the number of main
buildings, dwellings, or parcels serving the existing private
road at the time of the adoption of this Ordinance:
a) 5., 2), Standards for Private Roads
b) 5.,1), 5), 6), 9), 10), 11), and 6, Standards for
Private Roads
c)9 ‑ Certificate of Compliance, as applicable
d)10 ‑ Fees
e)11 ‑ Maintenance and Repairs
f)18 ‑ Performance Guarantee
g)If the number of additional main buildings, dwellings, or parcels
served by the extension of the private road does not exceed fifty
percent (50%) of the number of main buildings, dwellings, or
parcels existing at the time of the adoption of this Ordinance,
then the existing portion of such private road shall not be compelled
to comply with the provisions of this section, but shall be maintained
in such a way that they will not constitute a danger to the health,
safety, and welfare of the inhabitants of the Township. All such
private
roads shall be continuously maintained in such a way that they are
readily accessible to and usable by emergency vehicles in all
types of weather.
4.
Existing Private Roads
a) If, after the effective date of this Ordinance, additional
main buildings, dwellings, or parcels are created, built or
erected along, or otherwise gain access from, an existing
private road, and the number of additional main buildings,
dwellings, or parcels served by the private road exceeds
fifty percent (50%) of the number of main buildings,
dwellings, or parcels existing at the time of the adoption of
this Ordinance, then the provisions of N,2,b of this Section
shall thereupon apply to the entire length of such existing
private road.
b)If the number of additional main buildings, dwellings, or
parcels served by the existing private road does not
exceed fifty percent (50%) of the number of main
buildings, dwellings, or parcels existing at the time of
the adoption of this Ordinance, then such private road shall
not be compelled to comply with the provisions of this
section, but shall he maintained in such a way that they will
not constitute a danger to the health, safety, and welfare
of the inhabitants of the Township. All such private roads
shall be continuously maintained in such a way that they
are readily accessible to and usable by emergency vehicles
in all types of weather."
SECTION 3.28
CONSTRUCTION SITE ACCESS
A. A roadway and/or driveway shall be provided
for emergency and fire department vehicles from the nearest available
right‑of‑way to a construction site prior to any structural framing being
done
involving combustible materials.
B. The roadway and/or driveway shall be reasonably level with a total
cleared area of fourteen (14) feet in width and suitable for traverse by
emergency and fire department equipment. Access of roadways and/or
driveways must be maintained year‑around to accommodate use of
emergency and fire vehicles.
SECTION 3.29 STORAGE OF RECREATION EQUIPMENT
A. Recreational equipment may be located
outside of an enclosed building on any lot within a Residential District
provided that the following requirements are met:
1. If located on a corner or
an interior lot recreational equipment shall not be located within a
required front yard. If located on a through lot, recreational equipment
shall not be located in the required front yard, or rear yard between a
public street and rear yard setback.
2. Notwithstanding the
provisions of this Section, recreational equipment may be parked within
any yard, but not within the required yard, for cleaning, loading, or
unloading purposes for not more than 48 hours within any seven (7) day
period.
3. Recreational equipment
may be used for living or housekeeping purposes for a period not
exceeding fourteen (14) days in any calendar year.
SECTION
3.30 STORAGE AND REPAIR OF VEHICLES
A. The 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 (bona fide farming operations are
exempt from these provisions):
1. Procedures or projects
exceeding forty‑eight (48) hours in duration or which require the
vehicle to be immobile or inoperable in excess of forty‑eight (48) hours
shall be carried out within a garage. Only one such period shall be
permitted within a single thirty (30) day period.
2. Inoperable or unlicenced
vehicles and vehicle parts shall be stored inside a building. provided,
however, in the A‑R District two (2) vehicles may be stored in the rear
yard with no time limitation for said storage.
B. It shall be unlawful for the owner, tenant
or lessee of any lot in any Residential District to permit the open
storage or parking outside of a building of semi‑truck trailers,
bulldozers, earth carriers, cranes or any other similar equipment or
machinery, unless parked thereon while in use in construction being
conducted on such lot.
SECTION 3.31 BED AND BREAKFAST OPERATIONS
Bed and breakfast operations as defined in Section 2.02 may be permitted
as a special land use in agricultural and residential districts if the
Planning Commission finds that the following conditions are met:
A. Not more than twenty five (25) percent of
the total floor area of the dwelling unit shall be used for bed and
breakfast sleeping rooms (based on a submitted floor plan of the proposed
operation).
B. The dwelling unit in which the operation
takes place shall be the principal residence of the operator, and said
operator shall live on the premises while the operation is active.
C. There shall be no separate cooking
facilities used for the bed and breakfast stay.
D. Sufficient off‑street parking shall provided
in addition to that required for residential purposes at the rate of one
(1) space per bed and breakfast sleeping room and shall be in accordance
with Chapter 14.
E. All bed and breakfast operations shall also
meet the provisions for home occupations ( Section 3.14).
SECTION 3.32 CATEGORIES OR BUSINESSES OR USES NOT DESIGNATED
When the district into which a business or use belongs is not stated in
this Ordinance, the Zoning Administrator may request the Planning
Commission to make such determination at its next regular meeting or at a
special meeting called for the purpose of making the determination into
which district it shall be placed and such use shall then be permitted as
a special use and the procedure for special uses shall be followed.
SECTION 3.33
DRIVEWAYS
An approved driveway permit shall be obtained from the State Highway
Department or Newaygo County Road Commission and submitted to the Building
Inspector prior to issuance of a building permit.
SECTION 3.34 UNWHOLESOME SUBSTANCES
No unwholesome substance, as hereinafter defined, shall be deposited,
buried, stored, dumped or accumulated by any person in any body of water
or on or under any land, private or public, in the Township, unless such
place has been designated as a public dumping ground by the Township, or
unless such substance is housed in a completely enclosed building and in a
safe and sanitary manner. For purposes of this Section only, the term
"unwholesome" shall be defined to mean any trash, garbage, tin can,
automobile body, junk vehicle, trailer body, junk, hazardous compounds,
waste, offal, refuse, rubbish, food containers, bottles, crockery or
utensils, stoves, nite soil, oil, hazardous or harmful substances,
industrial byproducts or waste, flammable matter or substances, debris,
filth, or any other material which constitutes a threat or menace to the
health, safety or general welfare of the public. For purposes of this
Section only, the term "automobile body" shall be defined to mean any
vehicle which (1) is unable to be driven upon a street under its own power
and/or (2) which lacks all of the necessary component parts to make it
operable and serviceable as a vehicle. For purposes of this Section only,
the term "trailer body" shall be defined to mean any boat trailer, utility
trailer, horse or animal trailer, truck trailer, travel trailer or any
type of trailer or device used for hauling or moving things which lacks
all of the necessary component parts to make it operative and serviceable
as a trailer to be pulled as such on a street. The provisions of this
Section shall not be deemed to prohibit the storing or spreading of
manure, fertilizers or other soil conditioners as part of a farm
operation.
No sewage, waster water or water containing foreign substances shall be
deposited or drained onto any land or deposited or drained into any open
ditch, creek, stream, lake, pond or other body of water unless the same
has been first approved by the Michigan Department of Health and the
Newaygo County Health Department.
No boxes, barrels, waste wood, lumber, scrap metal, automobile body, or
other materials shall be accumulated by any person so as to provide
insect, rat or rodent harborage.
SECTION
3.34a VIOLATIONS AND PENALTIES
A new and
additional subsection C is hereby added to Section 17.07 of the Ensley
Township Zoning Ordinance, as amended, and which shall read as follows:
Notwithstanding
subsection A (2) above, a violation of Section 3.34 of this Ordinance
(entitled Unwholesome Substances) constitutes a municipal civil
infraction. Any person who violates, disobeys, omits, neglects or
refuses to comply with Section 3.34 of this Ordinance, or any amendment
thereof, or any person who knowingly or intentionally aids or abets
another person in violation of Section 3.34, shall be in violation of
this Ordinance and shall be responsible for a civil infraction. The
civil fine for a municipal civil infraction shall be not less than one
hundred dollars ($100.00) for the first offense and not less than two
hundred dollars ($200.00) for subsequent offenses, in the discretion of
the Court, in addition to all other costs, damages, expenses and
remedies provided by law. For purposes of this section, subsequent
offense means violation of Section 3.34 of this Ordinance committed by
the same person within twelve (12) months of a previous violation of
Section 3.34 for which said person admitted responsibility or was
adjudged to be responsible. Each day during which any violation
continues shall be deemed a separate offense.
Except as expressly
modified by the addition of subsection C above, the balance of Section
17.07 of the Ensley Township Zoning Ordinance, as amended, shall remain
in full force and effect.
This
Ordinance shall become effective thirty (30) days after its publication.
SECTION
3.35 SITE CONDOMINIUMS
Pursuant to the authority of Section 141 of the Condominium Act, Public
Act 59 of 1978, as amended, all site condominium subdivisions shall meet
the following requirements and procedures.
A All site condominium subdivisions shall
require site plan approval in accordance with Chapter 12, provided,
however, site condominiums incorporating private roads shall be processed
as a Special Use and shall also meet the standards of Chapter 13. In
addition to the information required above, the following shall also be
included for site plan review:
1. A condominium subdivision plan as required in Section 66
of the Condominium Act.
2. All information required by the Ensley Township
Subdivision Regulations, as amended.
3. Documented proof of review by the Newaygo County Road
Commission, Drain Commissioner, Health Department, Michigan Department
of Transportation and Michigan Department of Natural
Resources/Environmental Quality.
B. All site condominium subdivisions shall meet
the requirements of the district in which it is located, including minimum
lot size, minimum setbacks and minimum floor area.
C. All site condominium subdivisions shall meet
the requirements of the Ensley Township Subdivision Regulations, as
amended, except that private roads meeting the requirements of Section
3.27 of this Ordinance shall be permitted.
D. The Ensley Township Clerk shall be furnished
with a copy of the recorded master deed, as defined in Section 8 of the
condominium Act. The master deed must ensure that Ensley Township will
not be responsible for maintenance or liability of the non‑dedicated
portions of the subdivision and that all private roads will be properly
maintained, that snow removal will be provided and that there is adequate
access and turnaround for emergency vehicles. Responsibility for
maintenance of stormwater retention areas, drainage easements, drainage
structures, lawn cutting and other general maintenance of common areas
must be clearly stated.
E. The Ensley Township Clerk shall be
furnished with two (2) copies of all "as‑built" drawings for review by the
Township Engineer for compliance with all Township ordinances prior to
issuance of any building permits. Fees for this review shall be
established by the Township Board.
SECTION 3.36 DIVISION OF PARCELS OR LOTS
No lot or parcel (platted or un-platted) shall be divided, split, or
subdivided unless said action meets this Ordinance and all other
applicable Township Ordinances.
SECTION 3.37 LOT WIDTH TO DEPTH RATIO
In all zoning districts, the depth of all lots created of record after the
adoption of this Ordinance shall not exceed four (4) times the width of
the lot. For purposes of this section, the measurement of lot width shall
be taken along the frontage on the public street or other approved road.
The measurement for depth, for purposes of this section, shall be taken
from the street or road frontage to a point of the lot located farthest
from the street or road frontage. The Planning Commission may permit, as
a special land use, a lot with a depth greater than four (4) times the
width of the lot, as measured in the manner stated above, if the Planning
Commission determines that the area in which the lot is located is not
suitable for future development because of the presence of wetlands or
severe topography or if such lot or parcel is located in a flood plain.
In addition, as to lands in the A‑R Rural Residential District, the
Planning Commission shall approve such a special land use only if it
determines that the following conditions have been satisfied:
A. The parcel is poorly suited for
agricultural production due to existing soil conditions, slope, or the
presence of natural vegetation, such as woodlots, brushland, and
wetlands. The Planning Commission, in making its determination, may
consider facts such as, but not limited to, past and present uses of the
parcel, past productivity, and the difficulty in making the parcel
suitable for farming, including the presence of highly erodible land, as
defined by the Soil Conservation Service.
B. There will be a minimal likelihood of
conflicts arising between the residential use and the surrounding
agricultural activities.
C. The permitting of residential use in the
circumstances under consideration will not adversely affect the
long‑term plans and development policies of Ensley Township.
SECTION 3.38 RESIDENTIAL USES IN COMMERCIAL DISTRICTS
Residential uses shall not be permitted in the commercial districts;
provided, however, that a residential use or a combined
residential‑commercial use may be permitted in a commercial district as a
special land use if a special land use is obtained from the Planning
Commission under the terms of Chapter 13. If such a special land use is
granted, all use (other than the residential use prohibition), dimension,
sign and other applicable requirements of the commercial district shall
apply to the residential use or the combined residential‑commercial use.
SECTION 3.39 ADDITIONAL REQUIREMENTS FOR COMMERCIAL ZONES
The following requirements shall apply to all uses, buildings, structures,
and properties located within the C ‑ Commercial District:
A. No canopy, drive‑through window or
drive‑through service shall be permitted or utilized unless approved by
the Planning Commission as a special land use pursuant to Chapter 13.
SECTION
3.40 LAND DIVISIONS
No lot, parcel or access easement shall be created that does not fully
comply with the minimum area, width, frontage, and other requirements of
the Ensley Township Zoning Ordinance, as amended. All land divisions,
splits, or boundary reconfigurations of platted lots and unplatted parcels
shall meet the requirements of the Ensley Township Zoning Ordinance, as
amended, and the requirements of the Michigan Subdivision Control Act (MCL
560.101 et seq. MSA 26.430(101) et seq.). No land division,
lot split, creation of an access easement, or reconfiguration of boundary
lines shall occur until and unless a land division permit has been
obtained from the Ensley Township Zoning Administrator or such other
person as may be designated from time to time by resolution of the
Township Board. No permit for a land division shall be issued until and
unless the Township determines that the land division, lot split, access
easement, or boundary reconfiguration, as well as the resulting lots,
access easements or parcels, fully complies with the requirements of the
Ensley Township Zoning Ordinance, as amended, and all other applicable
Township ordinances. Fees for a land division permit shall be set as
determined from time to time by resolution of the Township Board. No land
division permit shall be approved or issued unless the application is
accompanied by a survey done by a registered land surveyor or engineer
showing all resulting lot or parcels, easements (if any), and full legal
descriptions. The Township can waive the requirement of a survey in a
given case for good cause shown by the applicant. No permit for a
division of a platted lot or lots, or reconfiguration of boundary lines
for a platted lot or lots, shall be issued until and unless such land
division is also approved by the Township Board. No platted lot shall be
partitioned or divided into more than four parts.
SECTION 3.41 WORKING AND STORAGE SURFACE FOR CERTAIN
OPERATIONS TO
PREVENT ENVIRONMENTAL DAMAGE
For any junkyard, scrap yard, salvage operation, automobile or vehicle
repair or overhaul operation or similar business which utilizes an area
exceeding one‑fourth (1/4) acres, all areas (indoors and outdoors) used
for junk, scrap or materials storage and/or repair, salvage or overhauling
operations shall be paved with a layer of concrete at least four (4)
inches thick or asphalt at least one and one‑half (1 1/2) inches thick.
No chemicals or potentially hazardous substances from such operations
shall be disposed of on‑site or leaked or deposited onto or into the soil
or ground. Such hard surface shall be repaired and maintained such that
leakage into the soil shall not occur. The above requirements do not
preclude compliance with applicable state and federal environmental
regulations and other such regulations.
SECTION 3.42 TO 3.99 RESERVED FOR FUTURE USE
SECTION 4.00 DISTRICTS
Ensley Township is hereby divided into the following Districts:
|
ABBREVIATION |
DISTRICT NAME |
ORDINANCE CHAPTER |
|
A‑R |
Agricultural Residential |
Chapter 5 |
|
R‑L |
Lake Resort Residential |
Chapter 6 |
|
R‑S |
Suburban Residential |
Chapter 7 |
|
R‑A |
Apartment |
Chapter 8 |
|
C |
Commercial |
Chapter 9 |
|
I |
Industrial |
Chapter 10 |
|
R‑MH |
Mobile Home Park |
Chapter 11 |
|
PUD |
Planned Unit Development |
Chapter 15 |
SECTION 4.01 ZONING MAP
A. The locations and boundaries of the
Districts are hereby established as shown on a map, as the same may be
amended from time to time, entitled "The Zoning Map of Ensley Township,
Newaygo County, Michigan," which accompanies and is hereby made a part of
this Ordinance. Where uncertainty exists as to the boundaries of 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 such centerlines.
2. Boundaries indicated as
approximately following platted lot lines shall be construed as
following such 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 such 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 two hundred (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 Ordinance or applicable amendment thereto.
B. 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 shall be divided along a line half‑way
between them according to the adjacent District, unless the Township Board
shall otherwise designate.
SECTION 4.02 AREAS NOT INCLUDED WITHIN A DISTRICT
In every case where land has not been included within a District on the
zoning map, such land shall be in the A‑R District.
SECTION 4.03 DISTRICTS NOT DISPLAYED ON ZONING MAP
Certain zone districts have been included within this Ordinance which, due
to lack of present demand and necessary infrastructure, do not appear on
the Ensley Township Zoning Map. These zones are reserved for future use
based on such factors as demand, placement of necessary infrastructure to
support identified uses, and like factors.
SECTIONS 4.04
TO 4.99 RESERVED FOR FUTURE USE
SECTION 5.00 DESCRIPTION AND
PURPOSE
This District is intended to primarily conserve and protect lands
determined suitable and appropriate for farming and agricultural
operations and to foster the rural character of the Township. The
District shall also accommodate low density residential development and
other uses generally associated with agricultural and rural residential
uses. As a recognized agricultural district, certain impacts such as
odors, noise, application of chemicals, and other external impacts
typically associated with farming operations shall be recognized and
reasonably tolerated provided they do not pose a threat to the general
health, safety, and welfare of Township residents.
SECTION 5.01 PERMITTED
USES
Land and/or buildings in the A‑R District may be used for the following
purposes as
Permitted Uses:
A. Farms for both general and specialized
farming, together with farm dwelling and buildings and other installations
useful to such farms, including roadside stands with less than two‑hundred
(200) square feet of sales area for produce grown on the premises.
B. Sale of animal feed, seed, fertilizers, and
related farm products when conducted as part of a bona fide farming
operation and when located on the premises of said farming operation.
B. Single‑family dwellings.
C. Family day care homes.
D. Home occupations.
E. Accessory buildings, structures and uses
customarily incidental to a Permitted Use.
SECTION 5.02 SPECIAL
LAND USES
Land and/or buildings in the A‑R District may be used for the following as
Special Land Uses subject to review by the Planning Commission and
approval by the Township Board as a Special Land Use.
A. Country clubs, golf courses, riding stables,
and publicly‑owned athletic grounds and parks, and other similar uses,
including related uses, such as snack bars, pro‑shops restaurants, and
small retail shops selling goods directly related to the primary use, and
other similar uses integral to the main use.
B. Roadside stands exceeding two‑hundred (200)
square feet of sales area for sale of produce grown on the premises.
C. Commercial greenhouses and nurseries.
D. Removal and processing of topsoil, stone,
rock, sand, gravel, lime or other soil or mineral resources.
E. Public or private campgrounds.
F. Radio and television transmitting buildings
and towers.
G. Schools, churches, libraries, parks,
playgrounds and community center buildings.
H. Single family site condominium projects.
I. Group day care homes.
J. Sawmills.
K. Produce/vegetable packaging plant.
L. Farm implement sales and repair.
M. Sale of animal feed, seed, fertilizers, and
related farming products unless conducted as part of a bonafide farming
operation with said operation not requiring a Michigan Sales Tax License.
N. Utility and public service buildings,
including storage yards.
O. Junk yards and salvage yards.
P. Nursing homes.
Q. Private roads.
SECTION 5.03 SCHEDULE OF A-R DISTRICT REGULATIONS
No building, structure, or use of land, nor the enlargement of any
building, structure, or use of land, shall hereafter occur unless the
following requirements are met and maintained in connection with such
building, structure, use, or enlargement.
A‑R
District Schedule
[Refer to Chapter 13 for additional requirements for Special Uses]
|
SETBACK/DIMENSIONAL ITEM |
STANDARD/REQUIREMENT |
|
FRONT YARD |
30 feet |
|
SIDE YARD |
Residential Use ‑ 30 feet [each side] |
|
|
Non‑Residential Use ‑ 50 feet [each side] |
|
REAR YARD |
30 feet |
|
BUILDING HEIGHT |
35 feet or 2½ stories [least one] |
|
LOT COVERAGE |
25% |
|
MINIMUM LOT AREA |
1 acre |
|
MINIMUM LOT WIDTH |
109 feet [at front setback line] |
|
MINIMUM DWELLING UNIT FLOOR AREA |
a) One Story ‑ 720 square feet
b) Above One Story ‑ Ground floor area no less than 600 square feet.
|
SECTIONS 5.04
TO 5.99 RESERVED FOR FUTURE USE
SECTION 6.00 DESCRIPTION AND
PURPOSE
This District is designed to permit the placement of seasonal and
year‑round one family dwellings on lake front property and to provide for
uses customarily associated with such development. District regulations
recognize the fragile nature of the townships natural water bodies and
have been designed to avoid contamination and destruction of lakes and
streams. Additionally, it is the intent of the regulations to recognize
and protect the riparian rights of lake front property owners.
SECTION 6.01 PERMITTED
USES
Land and/or buildings in the R‑L District may be used for the following
purposes as Permitted Uses:
A.
Single‑family dwellings.
B. State licensed residential family care
facilities; provided that such facility is not located closer than
one‑thousand five hundred (1,500) feet from an existing or proposed
similar state licensed residential facility, including group care
facilities, but not including state licensed residential facilities caring
for six (6) or less minors or adults.
C. Family day care homes.
D. Home occupations.
E. Single family site condominiums with no
private roads.
F.
Accessory buildings, structures and uses customarily incidental to a
Permitted Use.
SECTION 6.02 SPECIAL
LAND USES
Land and/or buildings in the R‑L District may be used for the following as
Special Land Uses subject to review by the Planning Commission and
approval by the Township Board as a Special Land Use.
A. Removal and processing of topsoil, stone,
rock, sand, gravel, lime or other soil or mineral resources.
B. State licensed residential group care
facilities.
C. Group and commercial day care homes and
facilities.
D. Utility and public service buildings,
without storage yards, but not including essential public services such as
poles, wires, and underground utility systems.
E.
Schools, churches, libraries, parks, playgrounds and community center
buildings.
E. Motels and lodges.
F. Single family site condominiums
incorporating private roads.
SECTION 6.03
DISTRICT REGULATIONS
No building, structure, or use of land, nor the enlargement of any
building, structure, or use of land, shall hereafter occur unless the
following requirements are met and maintained in connection with such
building, structure, use, or enlargement. [See also Section 3.26, Riparian
Access provisions.]
R‑L
District Schedule
[Refer to Chapter 13 for additional requirements for Special Uses]
|
SETBACK ‑ DIMENSIONAL ITEM |
STANDARD |
|
FRONT YARD |
Single Family Dwellings with lake frontage ‑ 50 feet, measured from the
shoreline to the building line of the main building |
|
|
Single Family Dwellings without lake frontage ‑ 50 feet |
|
SIDE YARD |
Single Family Dwellings ‑ 20 feet total/10 feet minimum |
|
|
Non‑Residential Buildings ‑ 60 feet [each side] |
|
REAR YARD |
Lots with lake frontage ‑ 25 feet measured from the public or private
road right‑of‑way |
|
|
Lots without lake frontage ‑ 50 feet |
|
BUILDING HEIGHT |
35
feet or 2½ stories
[least one] |
|
LOT COVERAGE |
30% |
|
MINIMUM LOT AREA |
Single Family Dwellings
15,000 square feet with public sanitary sewer service
18,000 square feet without public sanitary sewer service |
|
|
Non‑Residential Uses ‑ 2 acres |
|
MINIMUM LOT WIDTH |
100 feet |
|
MINIMUM DWELLING UNIT FLOOR AREA |
a) One Story ‑720 square feet
b) Above One Story ‑ Ground floor area no less than 600 square feet. |
SECTIONS 6.04
TO 6.99 RESERVED FOR FUTURE USE
SECTION 7.00 DESCRIPTION AND
PURPOSE
This District is intended for single family residential development
located in the growth sectors of the township which have been planned for
future public water and sanitary sewer. Such areas include, but are not
limited to, the fringe locations of certain agricultural districts which
are experiencing transition to non‑agricultural use. The planned
provision of utilities offers opportunity for placement of homes at a
density level generally greater than those districts not programmed for
similar services.
SECTION 7.01
PERMITTED USES
Land and/or buildings in the R‑S District may be used for the following
purposes as Permitted Uses:
A. Single‑family dwellings, including
single‑family site condominiums with no private roads.
B.
Farms for both general and specialized farming, together with farm
dwelling and buildings and other
installations
useful to such farms.
C. Customary gardening.
D. State licensed residential family care
facilities; provided that such facility is not located closer than
one‑thousand five hundred (1,500) feet from an existing or proposed
similar state licensed residential facility, including group care
facilities, but not including state licensed residential facilities caring
for six (6) or less minors.
E. Family day care homes.
F. Home occupations.
G.
Schools, churches, libraries, parks, playgrounds and community center
buildings.
H. Accessory buildings, structures and uses
customarily incidental to any of the above permitted uses.
SECTION 7.02 SPECIAL
LAND USES
Land and/or buildings in the R‑S District may be used for the following
purposes following review by the Planning Commission and approval by the
Township Board as a Special Land Use.
A. Roadside stands for the sale of produce
grown on the premises.
B. Removal and processing of topsoil, stone,
rock, sand, gravel, lime or other soil or mineral resources.
C. Utility and public service buildings,
without storage yards, but not including essential public services such as
poles, wires, and underground utility systems.
D. Group day care homes.
E. Single‑family site condominiums
incorporating private roads
SECTION 7.03
DISTRICT REGULATIONS
No building, structure, or use of land, nor the enlargement of any
building, structure, or use of land, shall hereafter occur unless the
following requirements are met and maintained in connection with such
building, structure, use, or enlargement.
R‑S
District Schedule
[Refer to Chapter 13 for additional requirements for Special Uses]
|
FRONT YARD |
30 feet |
|
SIDE YARD |
15 feet minimum/35 feet total 2 sides |
|
REAR YARD |
25 feet |
|
BUILDING HEIGHT |
35 feet or 2½ stories [least one] |
|
LOT COVERAGE |
25% |
|
MINIMUM LOT AREA |
Single Family Dwellings
18,000 square feet with public sanitary sewer service
‑
25,000 square feet without public sanitary sewer service
|
|
|
Non‑Residential Uses ‑ 2 acres |
|
MINIMUM LOT WIDTH |
110 feet |
|
MINIMUM FLOOR AREA |
a) One Story ‑ 720 square feet
b) Above One Story ‑ Ground floor area no less than 600 square feet. |
SECTIONS 7.04 TO 7.99 RESERVED FOR FUTURE USE
SECTION 8.00 DESCRIPTION AND PURPOSE
The R‑A Apartment District represents locations appropriate for high
density residential development of a clustered and/or attached variety.
This includes residential housing such as apartments, townhouses,
condominiums, cluster housing, and similar housing and project design
types. R‑A uses are served by public water and sanitary sewers or
comparable private systems capable of supporting higher residential
densities. R‑A Districts have ready access to adjacent season roads. The
R‑A District also permits, with special approval, certain health,
institutional, and commercial uses.
SECTION
8.01 PERMITTED
USES
Land and/or buildings in the R‑A District may be used for the following
purposes as Permitted Uses:
A. Two‑family dwellings/duplexes.
B. Family day care home.
C. Two‑family dwellings/duplexes.
D. Apartments.
SECTION 8.02
SPECIAL LAND USES
Land and/or buildings in the R‑A District may be used for the following
purposes following review by the Planning Commission and approval by the
Township Board as a Special Land Use.
A. Group day care home.
B. Nursing homes.
C. Apartments and condominiums in single
ownership on one (1) parcel of property.
D. Professional offices offering medical,
dental, realty, insurance, legal, data processing, clerical, engineering,
architecture, drafting, and similar uses.
E. Buildings and facilities associated with
civic organizations, schools, fraternal organizations, and similar
organizations and institutions.
F. Utility and public service buildings,
without storage yards.
SECTION 8.03 SCHEDULE OF R‑A DISTRICT REGULATIONS
No building, structure, or use of land, nor the enlargement of any
building, structure, or use of land, shall hereafter occur unless the
following requirements are met and maintained in connection with such
building, structure, use, or enlargement.
R‑A
District Schedule
[Refer to Chapter 13 for additional requirements for Special Land Uses]
|
FRONT YARD |
25 feet |
|
SIDE YARD |
15 feet minimum/35 feet total 2 sides |
|
REAR YARD |
25 feet |
|
BUILDING HEIGHT |
35 feet or 2½ stories [least one] |
|
LOT COVERAGE |
25% |
|
MINIMUM LOT AREA |
One and Two Family
One Family ‑ 18, 000 square feet
Two Family ‑ 25,000 square feet |
|
|
| |
