TABLE OF CONTENTS
Addendum Zoning Map and Legend (Available at the Township Hall)
SHORT TITLE AND PURPOSE
SECTION 1.1 TITLE
This document shall hereby be known as the Presque Isle Township Zoning Ordinance.
SECTION 1.2 PURPOSE
The fundamental purpose of this ordinance is to promote and safeguard the health, safety, and general welfare of the residents of and visitors to Presque Isle Township. The provisions herein are intended to encourage the proper use of land and natural resources as they pertain to the social, physical, and economic well-being of the township including the optimum distribution of residential, commercial, recreational, industrial, and transportation activities; to limit the improper use of land, water, and other natural resources; to minimize hazards to health and property; to avoid overcrowding, provide adequate light and ventilation and control excessive noise, air, and visual pollution in and around dwellings and places of employment in the township; to lessen traffic congestion and promote the wise distribution and use of land for public facilities and utilities, such as schools, community centers, government offices, medical facilities, and electrical and gas generation and transmission equipment; and to be one means of implementing the Goals, Objectives, and Policies as set forth in the Presque Isle Township Comprehensive Plan.
SECTION 1.3 ENABLING AUTHORITY
This ordinance is adopted pursuant to Public Act 184 of 1943 of the State of Michigan, as amended, being the Township Rural Zoning Act. The continued administration of this ordinance and all other matters concerning the operation of this ordinance shall be done pursuant to Public Act 110 of 2006 as amended (being the Michigan Zoning Enabling Act, M.C.L. 125.3101 et seq) hereafter referred to as "The Zoning Act".
SECTION 1.4 ENACTMENT
The provisions of this ordinance are to become effective and applicable within Presque Isle Township immediately on and after the date of its passage by Presque Isle Township Board and subsequent Notice of Adoption as required by law.
SECTION 1.5 REPEAL OF PRIOR ORDINANCE
The Zoning Ordinance previously adopted by the Township and all amendments thereto, are hereby repealed. The repeal of the above ordinance and its amendments does not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time enforced, prosecuted, or inflicted.
In order to clarify the intent of the provisions of this ordinance, the following rules shall apply, except when clearly indicated otherwise;
A. The particular shall control the general.
B. The word "shall" is always mandatory and never discretionary. The word "may" is permissive.
C. Words used in the present tense shall include the future; words in the singular number shall denote the plural number and the plural shall denote the singular.
D. A "building" or "structure" includes any part thereof.
E. The phrase "used for" includes "arranged for," "designed for," "intended for" and "occupied for."
F. Unless the context clearly indicates otherwise, where a regulation involves two (2) or more items, conditions, provisions or events, the terms "and," "or," "either," "or," such conjunction shall be interpreted as follows:
1. "And" denotes that all the connected items, conditions, provisions or events shall apply.
2. "Or," "either...or" indicates that the connected items, conditions, provisions or events may apply singularly or in any other combination.
G. "Township" shall hereinafter refer specifically to Presque Isle Township.
H. Terms not herein defined shall be assumed to have the meanings customarily assigned them.
I. The term "Planning Commission" shall hereinafter refer to the Presque Isle Township Planning Commission.
J. The term "Township Board" shall hereinafter refer to the Presque Isle Township Board of Trustees.
SECTION 3.1 DEFINITIONS
The cessation of activity in, or use of a dwelling, structure or lot, other than that which would normally occur on a seasonal basis, for a period of six (6) months or longer.
Having property or district line in common, e.g., two (2) lots are abutting if they have property lines in common.
A way of approaching or entering a property. For purposes of this ordinance, all lots of record shall have access to a public street or highway or to a private street meeting public standards.
ACCESSORY BUILDING -
A building or portions of a building which 1) is subordinate to and serves a principal building or principal use; 2) is subordinate in area, extent, or purpose to the principal building or principal use served; 3) contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and 4) is located on the same zoning lot as the principal building or principal use. Where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building.
ACCESSORY USE -
A use naturally and normally incidental and subordinate to, and devoted exclusively to the main use of land or building.
Any construction which increases the size of a building, such as a porch, attached garage or carport, room or wing.
ADULT FOSTER CARE FAMILY HOME -
A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week and two (2) or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.
ADULT FOSTER CARE LARGE GROUP HOME -
A single - family dwelling, occupied as such, in which at least thirteen (13) but no more than twenty (20) persons, who are not related to an adult member of the family occupying the dwelling by blood, marriage or adoption, are given care and supervision for twenty-four (24) hours per day, unattended by a parent or legal guardian.
ADULT FOSTER CARE SMALL GROUP HOME -
A single-family dwelling, occupied as such, in which twelve (12) or fewer persons, who are not related to an adult member of the family occupying the dwelling by blood, marriage or adoption, are given care and supervision for twenty-four (24) hours per day, unattended by a parent or legal guardian
AIR RIGHT -
The rights to the space above a property for development.
The use of land for tilling of the soil, raising of trees or field crops, or animal husbandry as a source of significant income.
A public right-of-way, not more than thirty (30) feet in width affording a secondary means of access to abutting property, but not intended for general traffic circulation.
Any structural change, addition or modification in construction or type of occupancy, or any change in the structural members of a building, such as bearing walls, beams or girders, which may hereinafter be considered as "altered" or "reconstructed."
Any structure or part of a structure immediately adjacent to another structure or part of a structure, and fastened securely to same.
AUTOMOBILE REPAIR -
Any activity involving the general repair or reconditioning of motor vehicles, engines or trailers; collision service, such as body, frame or fender straightening and repair; overall painting and rust proofing of automobiles.
AUTOMOBILE SERVICE STATION -
A building used for the retail sale of fuel (stored only in underground tanks and to be dispensed from fixed equipment), lubricants, air, water and other commodities designed for motor vehicles, aircraft and boats. Such an operation includes space and facilities for selling, installing or adjusting tires, batteries, parts and accessories within a building provided that such repair and installation are of a minor nature.
BASEMENT OR CELLAR -
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 ceiling is less than the vertical distance from the average grade to the floor. A basement or cellar shall not be counted as a story.
BED AND BREAKFAST FACILITY -
A single-family dwelling unit, which may be used for the purpose of renting sleeping rooms to transient guests, provided certain zoning requirements are met.
A dwelling room used or intended to be used by human beings for sleeping purposes.
A constructed unit upon which a verbal and/or pictorial sign or advertisement is fastened for the purpose of disseminating information to the general public, but not including bulletin boards on government property used to display official or public notices and information.
A property surrounded by streets, or abutting one side of a street and situated between the two nearest intersecting streets, or bounded by a combination of streets, waterways, parks, unplatted acreage, corporate boundary lines, or other natural or man-made, physical or artificial barrier to continual development.
A dwelling where lodging or meals or both are provided for compensation to three or more individuals on a prearranged basis for a definite period of time.
BUFFER STRIP -
An area established to separate properties of divergent usage by providing a natural screening effect of both sight and sound which might otherwise be objectionable.
BUILDABLE AREA -
The space remaining on a lot or lots of record after the minimum setback and open space requirements have been complied with.
An independent structure, temporary or permanent, having a roof supported by columns, walls or other means of stabilization and used for the enclosure and protection of persons, animals, chattels or for the operation of a business. This shall include tents, awnings, or vehicles situated on a property and used for the above purposes. Structures with interiors not accessible for human use, such as tanks, smokestacks, grain elevators, coal burners, oil cracking towers, or similar structures shall not be considered as buildings.
BUILDING HEIGHT -
The vertical distance from the established grade of a building to the following roof lines: a) flat roof - to the highest point; b) mansard roof - to the deck; c) gable, hip and mansard roofs - to the mean height between eaves and ridge. The ground level is measured at the wall line in the case of sloping terrain.
BUILDING LINE -
The line parallel to the front line at the minimum required front setback line.
BUILDING, MAIN -
The building which is used for the principal purposes of the lot on which it is situated.
A tent, cabin, or a group of these used for temporary lodgings by hunters or fishermen (Effective September 19, 2008)
CHILD CARE CENTER (OR DAY CARE CENTER) -
A facility, other than a private residence, receiving 1 or more preschool or school-aged children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than 2 consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after- school program, or drop-in center.
A formal organization of persons for civic, social or recreational purposes organized under bylaws, rules, or regulations and comprising an elected board and/or officers with a membership qualified by dues or equity shares. (Effective September 19, 2008)
A term relating to the use of property in connection with the purchase, sale or trading of goods for personal services or maintenance of service offices or recreation or amusement enterprise or garage/basement/porch sales lasting more than 14 days during any twelve-month period.
A condominium is a system of separate ownership of individual units and/or multiple-unit projects according to the state Condominium Act, Public Act 59 of 1978, as amended (MCL 559.101 et seq.). In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.
A. Convertible Area: A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this Ordinance and the Condominium Act.
B. General Common Element: The common elements other than the limited common elements intended for the common use of all co-owners.
C. Limited Common Element: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
D. Site Condominium: All allocation or division of land permitted under the State of Michigan Condominium Act, Act 59 of 1978 as amended, which permits single family detached housing pursuant to a master deed.
E. Condominium Master Deed: The condominium document recording the condominium project as approved by the Township including attached exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.
F. Condominium Subdivision Plan: Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Michigan Public Act 59 of 1978, as amended.
G. Condominium Unit: The portion of the condominium project designed and intended for separate ownership as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.
H. Contractible Condominium: A condominium project from which any portion of the submitted land or building may be withdrawn pursuant to express provisions in the condominium documents and in accordance with the Township Code of Ordinances and the Condominium Act.
I. Convertible Condominium: A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.
J. Expandable Condominium: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.
K. Site Condominium Lot: The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium unit site shall become a limited common element. The term "condominium unit site" shall be equivalent to the term "lot" for purposes of determining compliance of a site condominium subdivision with the provisions of this Ordinance pertaining to minimum lot size, minimum lot width, minimum lot coverage and maximum floor area ratio. Condominium setbacks shall be measured as described below:
1. Front Yard Setback. The distance between the public street right-of-way or private road easement line and the foundation of the unit site. Where there is no public right-of-way or access easement, the front yard setback required in the district shall be measured from a parallel line fifteen (15) feet from the nearest pavement edge to the foundation of the unit.
2. Rear Yard Setback. The perimeter shall be the distance between the limit of the development and the rear of the unit. Within the development rear yard setbacks shall be measured as the distance between the rear building line and the rear site (lot) line, or where lot lines are not defined, the space between the rear building lines of two (2) buildings shall be double the rear yard setback required in the zoning district. Along the perimeter of the development, the setback shall be measured from the property line of the development.
3. Side Yard Setback. The distance between the side of a condominium building unit and the side unit (lot) line. Where no unit (lot) lines are provided, the distance between the closest points of two (2) units shall be double the side yard setback required in the zoning district unless otherwise stated in this Ordinance.
L. Site Condominium Project: A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this Ordinance. (Effective Date: March 22, 2008)
CONVALESCENT OR NURSING HOME -
A home, qualified for license under applicable Michigan Law, for the care of children, aged or infirm and providing facilities for four or more patients.
DAY NURSERY - See CHILD CARE CENTER
The intensity of development in any given area, measured in this ordinance by the number of dwelling units per acre.
The construction or relocation of a building on a lot of record, or the use of open land for a new activity.
A portion of the township in which certain buildings and activities are permitted and in which certain regulations in accordance with the ordinance, are applicable.
A private road connecting a dwelling unit, garage, or parking apron with a public road or right-of-way, and consisting of an improved structure of concrete, asphalt, or gravel. (Effective date: June 14, 2012)
DWELLING UNIT -
A building or portion of a building, either site-built or pre-manufactured which has sleeping, eating and sanitary facilities and can accommodate one family, either permanently or transiently. In the case of buildings which are occupied in part, the portion occupied shall be considered a dwelling unit, provided it is in conformance with the criteria for dwellings. In no case shall a travel trailer, truck, bus, motor home, tent or other such portable structure be considered a dwelling unit.
DWELLING: APARTMENT -
A building divided into separate living quarters, each having at a minimum, its own sleeping and living facilities. All apartments must conform to regulations applicable to dwelling units in this ordinance.
DWELLING: CONDOMINIUM -
An apartment building or multiple unit singe-family dwelling in which each tenant holds full title to his unit and joint ownership on the common grounds.
DWELLING: DUPLEX -
A building consisting of two separate single-family dwelling units.
DWELLING: MULTIPLEX -
A building consisting of three or more separate single-family dwelling units.
DWELLING: SINGLE-FAMILY -
A detached building, occupied by and designed for one family, and containing sleeping, living, cooking and sanitary facilities for that family.
DWELLING: TOWN HOUSE -
A single-family attached dwelling with units sharing common side walls and usually situated in a straight line with each other.
DRIVE-IN ESTABLISHMENT -
A commercial facility with access to roadways whose principal method of operation is to serve customers while in or temporarily out of their automobiles. Such facilities could include banks, laundry and dry cleaners, fast food restaurant, etc.
As used in this ordinance, "erected" signifies the construction, alteration, reconstruction, placement upon, or any physical alteration to a piece of land, including the excavating, moving, and filling of earth.
ESSENTIAL SERVICES -
The erection, construction, alteration, or maintenance by public utilities or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution system; collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, and other similar equipment, and applicable accessories reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health, safety and welfare, but not including buildings other than those which are primarily enclosures or shelters for essential services equipment.
The removal of rock, sand, soil, or fill material below the average grade of the surrounding land and/or road grade, whichever is highest. This does not include alterations for farming or gardening purposes.
A person or persons living in one dwelling unit and related by blood, marriage, or legal adoption and comprising a single-housekeeping unit.
FAMILY CHILD DAY CARE HOME -
A private home in which one (1) but fewer than seven (7) children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family child day care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year.
All of the contiguous neighboring or associated lands operated as a single entity under which bona-fide farming takes place directly by a owner/operator, manager, or tenant farmer by his or her own labor, or with the assistance of household members or hired employees. Farms may be considered as including establishments that operate bona-fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries, as well as the growing, harvesting, or cultivating of cash crops. Establishments keeping or raising fur-bearing animals, private stables, commercial dog kennels, game fish hatcheries, piggeries or stockyards may be considered farms only if attached to bona-fide farming operations on the same continuous tract of land.
FARM BUILDINGS -
Any building or structure, other than a dwelling unit, built, or placed upon land within a bona-fide farm and considered essential and standard to the carrying on of farm operations.
FEED LOT -
Any tract of land or structure wherein any type of fowl, or the by-products thereof, are raised for retail or wholesale trade, or wherein cattle, horses, sheep, goats or swine are kept for the purpose of fattening such livestock for final shipment to market, or where swine are kept under any conditions.
A permanent or temporary partition or structure erected as a divider, barrier, or enclosure and not part of a structure requiring a building permit.
FENCE: SCREENING -
Fences when used as an alternative to wall or masonry wall as specified herein shall consist of a screening type, i.e., wooden, wooden pickets, or steel or aluminum mesh with installed slats. Corrugated fencing material shall not be permitted.
The depositing or dumping of any matter onto, or into, the ground (except for common household gardening and ground care) which alters the topography of the land.
FILLING STATION -
A building used or designed for the retail sale and underground storage of automobile fuel, lubricants, and other automotive commodities, or for aircraft or watercraft operations, including the customary space and facilities allocated for installation of such commodities.
Trunks and branches of trees and bushes.(Effective Date: April 28, 2006)
FLOOD PLAIN -
The relatively flat area or low lands adjoining the channel of watercourse or a body of standing water, which has been or may be covered by floodwater. Determination of a flood plain is:
a. Contiguous areas paralleling a river, stream or other body of water that constitute at their maximum edge the highest flood levels experienced in a period of one hundred (100) years.
b. Principal estuary courses of wetland areas that are part of the river flow system.
c. Contiguous areas paralleling a river stream or other body of water that exhibit unstable soil conditions for development.
The channel of any watercourse and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge floodwater.
FLOOR AREA -
The sum of the gross horizontal areas of the several floors of a building measured from the interior faces of the exterior walls or from the center line of walls separating two (2) buildings. The floor area is to include the basement floor area when more than one-half (1/2) of the height of the basement is above the established curb level, or finished lot grade, whichever is higher. Floor area does not include elevator shafts or stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven (7) feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in the determination of floor area. Areas of basements, porches, or attached garages are not included in the determination of floor area.
FLOOR AREA: USABLE -
That area of a building used for or intended to be used for the sale of merchandise or services. Such floor area which is used for or intended to be used primarily for the storage or processing of merchandise, which may include hallways, breezeways, stairways, or elevator shafts, or for utilities and sanitary facilities, 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 floors in the building measured from the interior faces of the exterior walls.
FLOOR AREA RATIO (net) -
The ratio between the total permitted floor area of a building or buildings and the total lot or site area.
FOSTER FAMILY GROUP HOME -
A private home in which more than four (4) but less than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
FOSTER FAMILY HOME -
A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
GAME FARM -
A farm or other rural property with captive game, licensed by the DNR and used as a "hunt-for-fee" or similar commercial hunting operations in which animals are hunted and taken by clients or customers, who pay for the opportunity to hunt and take game species. Game farms may also be used to buy, breed, observe and/or sell captive game species, as permitted by the Michigan DNR. (Effective September 19, 2008)
GARAGE: COMMERCIAL -
Any structure (except private or community storage garages) available to the public and primarily used for the storage of motor vehicles, for remuneration, hire or sale, where any such vehicle or engine may also be repaired, rebuilt or equipped to operate, and where vehicles may be greased, washed or waxed.
GARAGE: PRIVATE -
A building for the private use of the owner or occupant of the principal building and situated on the same lot, used for the storage of motor vehicles and general household goods, but excluding facilities for mechanical service or repair of a commercial or public nature.
GARAGE: REPAIR -
A commercial structure used solely for the repair of mechanical equipment.
A free standing structure completely or partially open on the sides, with only lattice, low railings and/or screening for privacy, constructed of wood using the post and beam principle and consisting of light framework. The roof may be lattice, wood or asphalt shingles. It may be round or up to eight sided.
For the purposes of this ordinance, the level of the ground adjacent to the walls. In the case of lots with a sloping terrain, the grade shall be the average elevation of the ground adjacent to the walls.
A specified area of property adjacent to a lake or stream within which certain development restrictions apply.
GROUP CHILD DAY CARE HOME -
A private home in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group child day care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year.
A public thoroughfare or street, excluding alleys, but including federal, state and county roads and those appearing upon plats recorded in the office of the Register of Deeds and accepted for public maintenance.
HOME OCCUPATION -
An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit and which does not alter the residential character of the neighborhood.
An institution providing health services primarily for in-patients and medical or surgical care of the sick and injured including laboratories, out-patient departments, training facilities, central service facilities, and staff offices. Those institutions whose primary function is the care of the feeble minded or mentally ill are not considered hospitals.
A building occupied or used as a predominantly temporary abiding place by individuals or groups of individuals, with or without meals, and in which building there are more than five (5) sleeping rooms, none which have cooking facilities.
HUNTING CAMP -
Private property with permanent structure and hunting blinds, used for the hunting of game species during the hunting season as set forth and regulated by the Michigan Department of Natural Resources. (Effective September 19, 2008)
HUNTING CLUB - (see also CLUB)
A club organized for the purpose of hunting (Effective September 19, 2008)
For the purposes of this ordinance, this term shall refer to any motor vehicles, machinery, appliances, products or merchandise with parts missing, or scrap metals or materials that are damaged or deteriorated.
JUNK YARD -
A place, structure or lot where junk, waste, discarded, salvaged or similar materials, including metals, wood, slush, timber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, disassembled, baled, exchanged or handled. Junk yards include auto wrecking yards, used lumber yards, house wrecking yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment. Pawn shops and establishments which sell, purchase or store used cars, salvaged machinery, used furniture, radios, appliances or similar household goods and the processing of used, discarded or salvaged materials as part of manufacturing operations are not considered junk yards.
Any lot or premises on which four (4) or more dogs, cats or other household pets more than four (4) months of age are housed, groomed, bred, boarded, trained or sold.
LAKE FRONTAGE -
The land adjacent to and abutting the mean high water mark of all inland lakes and Greater Lakes.
LAKEFRONT LOT: FRONT -
The single parcel of property which lies between the building line of a dwelling unit and the mean high water mark of the lake.
LAKEFRONT: REAR -
The portion of a single parcel of property which lies between the lot line furthest from the water's edge and the building line of a dwelling unit furthest from the mean high water mark of the lake.
LOADING SPACE -
An off-street space on the same lot with a building or groups of buildings for temporary parking for a commercial vehicle while loading or unloading materials. Loading space is not to be included as off-street parking in the process of computing off-street parking areas.
LOT DEPTH -
The depth of a lot is the mean horizontal distance from the center of the front street line to the center of the rear lot line. In the case of a lakefront lot, it is from the lake frontage line to the street frontage line. In the case of an acreage parcel, it is from the front right-of-way line to the rear lot line.
LOT: DOUBLE FRONTAGE -
A lot other than a corner lot having frontage on two (2) more or less parallel streets. In the case of a row of double frontage lots, one (1) street will be designated as the front street of all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one (1) or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.
LOT: INTERIOR -
An interior lot is a lot other than a corner lot with only one (1) lot line fronting on a street.
LOT: LAKE -
A lot having frontage directly upon a lake, natural or man-made, river, pond or other artificial impoundment of water. The portion adjacent to the water shall be designated the lake frontage of the lot, and the opposite side shall be designated the street frontage of the lot.
LOT: WIDTH -
The horizontal distance between the side lot lines, measured at the two (2) points where the building line, or setback line, intersects the side lot lines.
LOT LINES -
A line dividing one (1) lot from another or from the right-of-way, and thus constitute property lines bounding a lot.
LOT LINE: FRONT -
In the case of an interior lot abutting on one (1) public or private street, the front lot line shall mean the line separating the lot from such street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating said lot from the street which is designated as the front street in the plat and/or in the request for a building permit. In the case of a lakefront lot, the front lot line shall be the line adjoining the mean high water mark of said lake.
LOT LINE: REAR -
The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed 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. In the case of a lakefront lot, the rear lot line shall be the line separating the lot from the street right-of-way when the street is more or less parallel to the lake shoreline. If a lakefront lot does not abut a major street, the rear lot line shall be the line separating the lakefront lot from the adjoining lot nearer the street.
LOT OF RECORD -
A lot of record is a lot the dimension and configuration of which are shown on a map recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a land surveyor (so registered and licensed in the State of Michigan) and likewise so recorded and on file with the County Register of Deeds.
LOT AREA: GROSS -
The net lot area plus one-half (1/2) the area of that right-of-way directly adjacent to or abutting any side of the lot.
LOT CORNER -
A lot where the interior angle of two (2) adjacent sides of the intersection of two (2) streets is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this ordinance if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred thirty-five (135) degrees.
MOBILE HOME -
A single-family dwelling designed for transportation after fabrication on street and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking for assembly operations, location on jacks or permanent foundations, connection to utilities and the like.
MOTOR HOME -
A motorized, self-contained vehicle utilized as a temporary living quarters in connection with travel and/or vacation usage.
NON-CONFORMING BUILDING -
A structure or portion thereof existing at the time of the adoption of this ordinance, which is not in conformance with the standards of this ordinance.
NON-CONFORMING USE -
An activity existing at the time of the enactment of this ordinance, on a lot or lots of record and which is not in conformance with the use regulations for the zoning district in which it is located according to this ordinance.
NURSERY SCHOOL - See CHILD CARE CENTER
NURSERY: PLANT MATERIALS -
Any lot or structure used for the growing, harvesting, processing, storing, and/or selling of plants, shrubs, trees and flowers, including products used for gardening and landscaping, but not including fruit and vegetable sales.
An offensive, annoying, unpleasant, or obnoxious thing, act or practice; a cause or source of annoyance, especially a continual or repeated invasion of a use or activity which invades the property line of another so as to cause harm or discomfort to the owner or resident of that property. Excessive or noisy vehicular traffic, dust, glare, and smoke are examples of nuisances.
OFF-STREET PARKING LOT -
A facility providing a means of temporarily storing a motor vehicle in a defined space, and including adequate aisles and drives for maneuvering such motor vehicle, including access for entrance and exit so as to accommodate two (2) or more vehicles.
OPEN AIR BUSINESS -
Commercial activities occurring outside of an enclosed building, including, but not limited to the following: bicycle, motor vehicle, boat, aircraft, and home equipment sales; repair or rental services; outdoor display and sale of mobile homes, farm implements and recreation vehicles; retail sales of fruits, vegetables, nursery stock, gardening equipment and outdoor furniture; tennis courts, miniature and standard golf courses, amusement parks and similar recreation activities.
ORDINARY HIGH WATER MARK -
Is defined as in the Michigan Inland Lakes and Stream Act to mean the line between upland and bottomland 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 soil and the vegetation. On an inland lake which has had a level established by law, it means the high established level. On Lake Huron, the ordinary high water mark is set by Michigan's Great Lakes Submerged Lands Act at 581.5 feet above mean sea level, per international Great Lakes Datum of 1985. On a river or stream, the ordinary high water mark shall be the ten year flood plain.
OUTDOOR FURNACE -
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or heating of water. (Effective Date: April 28, 2006)
An improved structure of concrete, asphalt, or gravel located immediately in front of a garage to allow for temporary parking, loading/unloading of vehicles, etc. (Effective Date: June 14, 2012)
PARKING SPACE -
An area not less than eight and one-half (8 1/2) feet wide and not less than twenty (20) feet long for standard-sized automobiles or not less than seven (7) feet wide and not less than sixteen (16) feet long for compact-sized automobiles.
PORCH: ENCLOSED -
A covered, totally enclosed space located on any side of a building and attached to the main structure, but not considered an integral part of the main structure.
PORCH: OPEN -
A covered space located on any side of a building with a roof supported by columns and attached to the main structure, but not considered an integral part of the main structure.
PRINCIPLE USE -
The land use designation given to a legally defined parcel of land and based upon the primary activity occurring on such parcel.
PUBLIC UTILITY -
A person, firm or corporation, municipal department, board or commission duly authorized to provide and providing, under federal, state or municipal regulations to the general public any of the following: water, gas, steam, electricity, telephone, telegraph, waste disposal, communication or transportation.
RECREATION VEHICLE -
Any self-propelled motorized vehicle or travel or camping trailer normally used only for vacation or recreational purposes.
A parcel of land which contains cabins and/or rooms with or without kitchen facilities, used primarily for vacation and/or recreational activity, and which may or may not contain a small commercial grocery, sporting goods, gasoline service outlet, and/or food service facility.
ROOMING HOUSE -
A building, or part of a building, other than a hotel, motel or motor court, where sleeping facilities are provided and meals may be served regularly for remuneration.
SATELLITE DISH ANTENNAS -
A device incorporating a reflective surface that is solid, open mesh, or bar configuration and is in the shape of a shallow dish, cone, horn or cornucopia. Such devices shall be use to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas) and satellite microwave antennas.
SEASONAL RESIDENCE -
A dwelling unit not normally the permanent residence of the occupant(s) and not normally used as a dwelling unit for more than six (6) months during any calendar year.
The minimum required horizontal distance measured from the front, side or rear lot line, whichever is applicable, of a lot or record for purposes of determining the minimum amount of open space surrounding the main structure on that lot.
The land area adjacent to and within three hundred (300) feet of a stream or lake and the land area adjacent to and within one thousand (1000) feet of Lake Huron.
Any device designed to inform the general public or attract the attention of persons. The following shall not be considered commercial signs for purposes of this ordinance:
a. signs not exceeding four (4) square feet in area and bearing only property numbers, post box numbers, names of occupants or premises;
b. flags and insignia of any government, except when displayed in connection with commercial promotions;
c. legal notices, identification, informational or directional signs erected or required by government bodies;
d. integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
e. signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SIGN: OFF-SITE -
A sign relating to matter which is off the premises in question.
SIGN: ON-SITE -
A commercial sign relating in its subject matter to the premises on which it is located, or to activities, products, services or accommodations on the immediate site.
SITE CONDOMINIUM UNIT -
That portion of a condominium subdivision designed and intended for occupancy and use by the unit owner consistent with the provisions of the master deed. A site condominium unit is not a lot or parcel as those terms are used in this ordinance.
That portion of a building included between the upper surface of any floor and the upper surface of the plan immediately above, except that the top story shall be that portion of a building included between the upper surface of the uppermost floor and the ceiling or roof immediately above. A basement shall be considered a full story only if fifty percent (50%) or more of the vertical distance between the basement floor and the basement ceiling is above the ground level from which the height of the building is measured.
STORY: HALF -
An uppermost story lying between the top part of a full story and a sloping roof, provided said floor area does not exceed one half (1/2) of the full story, contains at lease one hundred sixty (160) feet and has a minimum floor to ceiling clearance of seven (7) feet, six (6) inches.
A publicly dedicated right-of-way which affords general traffic circulation and access to abutting property, but does not include alleys.
A building for housing domestic animals, other than dogs, cats or similar small animals, when not conducted as a business and solely for the personal use of the residents of the premise or owner of the property.
STABLE: PUBLIC -
Building in which any horses are kept for hire or sale.
Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, radio and TV towers, mobile homes, sheds and permanent signs, and exclude vehicles, sidewalks and paving.
TEMPORARY BUILDING AND USE -
A structure or use permitted by the Zoning Administrator, to exist during periods of construction of the main building or for special events, but not to exceed six (6) months duration.
TOURIST HOME -
Any dwelling used or designed in such a manner that certain rooms in excess of those used by the family, and which can be occupied as part of a dwelling unit, are rented for compensation to the traveling public.
TRAVEL TRAILER -
A vehicular, portable unit built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Such vehicle is not to exceed eight (8) feet in width or thirty-two (32) feet in length, not including tongue. Truck-mounted campers are considered travel trailers for purposes of this ordinance.
An improved structure of concrete, asphalt, or gravel that is connected to a driveway or parking apron, and is used to allow vehicles to turn around in order to prevent backing out onto a roadway, street, or highway. (Effective date: June 14, 2012)
UNTREATED LUMBER -
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
The lawful purpose for which land or premises, including the structures thereon, is designed, arranged or intended or for which it is rented, leased, occupied or maintained.
Action taken by the Board of Appeals granting a property owner relief from certain provisions of the ordinance when because of the particular physical surroundings, shape or topographical conditions of the property, compliance would result in an undue hardship upon the owner, as distinguished from a mere inconvenience or desire for an increased economic return.
WIND ENERGY CONVERSION SYSTEMS -
WECS Shall be the approved form of abbreviation of "wind energy conversion system". WECS shall mean a combination of:
1. A surface area, either variable or fixed, for utilizing the wind for electrical power; and
2. A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity- producing device; and
3. The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy; and
4. The tower, pylon, or other structure upon which any, all, or some combination of the above are mounted.
• Tower Height:
a. Horizontal Axis Wind Turbine Rotors: The distance between the ground and the highest point of the WECS, as measured from the ground, plus the length by which the rotor blade on a horizontally mounted WECS exceeds the structure which supports the rotor and blades;
b. Vertical Axis Wind Turbine: The distance between the ground and the highest point of the WECS.
• Survival Wind Speed: The maximum wind speed, as designated by the WECS manufacturer, at which a WECS, in unattended operation (not necessarily producing power) is designed to survive without damage to any structural equipment or loss of the ability to function normally.
• Interconnected WECS: A WECS which is electrically connected to the local electrical power utility system and could feed power back into the local electrical power utility system.
An open space on the same lot with a building or building group lying between the front, rear or side wall of a building and the nearest lot line, unoccupied except for projections, such as porches and open space under the provisions of this ordinance.
YARD: CORNER SIDE -
A side yard which faces a public street.
YARD: FRONT -
A yard extending the full width of the lot on which a building is located and situated between the Ordinary High Water Mark of the body of water and a line parallel thereto and passing through the nearest point of the building. (Effective date: June 14, 2012)
A yard extending the full width of the lot on which a building is located and situated between the front lot line abutting a public street or road right-of-way and a line parallel thereto and passing through the nearest point of the building.
YARD: INTERIOR SIDE -
A side yard located immediately adjacent to another zoned lot or to an alley or easement separating such side yard from another zoned lot.
YARD: REAR -
A yard extending the full width of the lot on which a building is situated and located between the rear lot line and a line parallel thereto and passing through the nearest point of the building.
YARD: REQUIRED -
That portion of any lot on which the erection of a main building is prohibited.
YARD: SIDE -
A yard on the same lot as a building situated between the side lot line and a line parallel thereto and passing through the nearest point of the building and extending from the front yard to the rear yard.
YARD: TRANSITIONAL -
A yard that must be provided on a lot where a more intensive land use is located adjacent to either an existing or planned use of a less intensive nature, in accordance with the provisions of this ordinance. Such transitional yard shall be in lieu of the requirements for front, side and rear yards as stipulated in this ordinance.
SECTION 3.2 DIAGRAMS
SECTION 4.1 THE EFFECT OF ZONING
In order to carry out the intent of this ordinance, hereinafter no use or activity on a piece of land shall be allowed or maintained, no building or structure or part thereof shall be allowed to be used, constructed, remodeled, altered, or moved upon any property unless it is in conformance with this ordinance, and a zoning permit has been obtained.
If any activity, use, building, structure or part thereof is placed upon a piece of property in direct conflict with the intent and provisions of this ordinance, such activity, use, building or structure shall be declared a nuisance and may be required to be vacated, dismantled, abated, or cease operations by any legal means necessary and such use, activity, building or structure shall not be allowed to function until it is brought into conformance with this ordinance.
In the event of use, activity, building, or structure is existing or under construction at the time of the adoption of this ordinance and is not in conformance with the provisions of the zoning district in which it is located, such use, activity, building or structure shall be considered a legal non-conforming use and be allowed to remain as such for construction to be completed, providing said construction does not require more than one (1) year from the effective date of this ordinance for completion. If said construction is continued for more than one (1) year, the legal status of the activity, use, building or structure shall be determined by the Township Planning Commission.
SECTION 4.2 CONFLICTING LAWS, REGULATIONS, RESTRICTIONS
This ordinance, insofar as it is inconsistent with the provisions of ordinances adopted under any other law, shall supersede the provisions of any other law, except those designations of environmentally sensitive areas by the State of Michigan under the Shorelands Protection and Management P.A. 245, of 1970 and the Wetlands Protection Act (P.A. 203 of 1980).
SECTION 4.3 DWELLING UNIT - QUALIFYING PROVISIONS
(R-1, R-2, R-M, EC, FR Zones only)
A. Schedule of Regulations, Article 21 - Table A, will apply to All Dwellings Constructed on or effected on any Building Site in Presque Isle Township.
B. Dwellings must be firmly attached to a permanent foundation not less in area than the perimeter area of the dwelling being erected or constructed. Foundations must be frost resistant and be in accordance with the State of Michigan Building Codes and other Township Codes applicable. Wheels, Towing Mechanisms, Undercarriages, etc., required solely to transport the Dwelling to the Building Site shall be removed prior to attachment to the foundation.
C. A minimum exterior width of any Side Elevation of twenty-four (24) feet and a minimum floor to ceiling height of 7.5 feet must be maintained for all types of Dwellings.
D. Connections to Private or Public Water and Sanitary Facilities as approved by the Health Dept. and this Ordinance must be Provided.
E. All additions (Attached Steps, Porches, Rooms, etc.) must be constructed of similar material and be of similar workmanship as that of the Principle Structure. Additions must be attached to a Permanent Foundation similar to the permanent structure.
NOTE: THESE PROVISIONS DO NOT APPLY TO MOBILE HOMES ERECTED IN MOBILE HOME PARKS (See Article 25 * Mobile Home Park Regulations).
SECTION 4.4 RESTORATION OF UNSAFE BUILDINGS
Nothing in this ordinance shall prevent the strengthening of a lawful conforming building or structure, or part thereof, which has been declared unsafe by the Zoning Administrator, Building Official or Public Health Inspector, nor the requirement to adhere to the lawful orders of such officials.
SECTION 4.5 REQUIRED AREA OR SPACE
No lot or lots in common ownership, nor yard, court, parking space or any other place shall be divided, altered, or reduced as to be less than the minimum allowable dimensions as defined in this ordinance. If such areas are already less than the minimum allowable dimensions set forth herein, they shall not be divided, altered or reduced further.
SECTION 4.6 ACCESSORY BUILDINGS (R-1, R-2, R-M, FR AND EC ZONING DISTRICTS) (Effective Date June 27,2001)
A. Attached accessory structures including garages, enclosed porches, open unenclosed porches decks, breezeways and carports shall be considered part of the main building for purposes of determining or complying with yard areas, required yards and setbacks.
B. Where accessory building is attached to a main building it shall be considered part of the main building and subject to all codes and ordinances applicable to the main building, except that it shall not be included in the calculation of required floor area for the main building.
C. Detached accessory buildings shall not be permitted or erected in any front yard or any required side or rear yards, except as provided for in Section 4.6.H. Structures designed and used only for school bus pickup sheds or pump houses shall be exempt from this subparagraph.
D. Without a Site Plan Review: The total floor area of the main building and all accessory buildings shall not occupy more than thirty percent (30%) of the lot area; except for farm buildings, no accessory building shall have a total floor area in excess of the ground floor area of the main buildings; the total floor area of all detached residential accessory buildings shall not exceed one thousand two hundred (1,200) square feet; no more than two accessory buildings shall be allowed on one piece of property. (Effective Date June 27,2001)
E. Detached accessory buildings shall comply with all applicable setback requirements for the district in which they are located.
F. In residential districts R-1, R-2 and R-M, detached accessory buildings larger than one thousand two hundred (1,200) square feet or more than twenty-four (24) inches taller than the main dwelling unit may be granted by the Planning Commission by means of a Site Plan Review by the Planning Commission provided the property meets all the minimum requirements of the zoning district, and the property owners within three hundred (300) feet of the subject property receive notice of such request a minimum of seven (7) days prior to the meeting in which the request is to be considered. Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said district. (Revised Date: June 14, 2012)
G. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said accessory building shall not project beyond the front yard setback line required on the lot in the rear of such corner lot. Accessory building on side yard of lot A shall not exceed minimum setback requirement for front yard of lot B.
H. A detached gazebo (as defined in Article 3, Section 3.1) shall be allowed as a special use in any district, with site plan review by the Planning Commission, PROVIDED: that the gazebo not exceed fifteen (15) feet in height and one hundred fifty (150) square feet in area. The gazebo shall not be erected in the required greenbelt and shall meet all required setbacks. Boat houses shall not be allowed on any waterfront lot in the Township.
I. In I-1 and I-2 Districts, accessory building may be permitted in front and/or side yards and meet the requirements of subparagraph .D. Subparagraphs C, E, F, G, H shall not apply to I-1 and I-2 Districts.
J. In the R-1, R-2 and R-M Districts, an accessory building may be constructed only when there is an existing principal dwelling except as noted in Section 4.36.F (Effective Date: November 22, 2003). In the FR District, an accessory building may be constructed without a principal dwelling.(Revised Date: June 14, 2012)
K. Where lakefront lots are shallow in depth or of substandard area, or where other special circumstances warrant, an accessory building may be permitted on a lot across the road from the principal structure, provided the accessory building lot is off-set by no more than fifteen (15) feet on either side from the extension of the side lot lines of the lot containing the principal structure. Planning Commission review and approval is required. A plan meeting the requirements of Section 25.5 shall be submitted to the Planning Commission for consideration. (Effective Date August 29, 2002)
L. Accessory buildings shall be located in an area as to blend in with the surroundings. The design of the building shall use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Existing mature tree growth and natural landforms on the site shall be preserved to maximum extent possible.
(Effective Date June 27, 2001)
SECTION 4.7 DUMPING OF MATERIALS
The natural terrain shall not be altered in any fashion to create safety and health hazards or substantially alter the character of the land so as to make it unsafe for the uses for which it was originally zoned or create olfactory or visual pollution.
A. Dumping or stockpiling of waste materials or junk : the collection, accumulation, storage or disposal of waste material, used construction material, junk or refuse is prohibited, except under the following circumstances.
1. Such practices are a necessary accessory use to a permitted agricultural use.
2. Such practices occur in a junk yard authorized under this ordinance, and are included in the approved site plan.
3. Such practices are a necessary accessory use to a commercial or industrial use authorized under this ordinance, and are included in the approved site plan.
B. Dumping of soil, sand and clay materials - the extensive dumping of soil, sand, clay or similar materials shall not be allowed on any lot or parcel without the issuance of a special use permit of the Planning Commission and subject to the following requirements:
The owner, builder, or contractor obtain a letter from the District Conservationist, Soil Conservation Service, U.S. Department of Agriculture or other qualified soil scientist, setting forth approval and/or recommendations as to the suitability of the site for dumping of such materials; the material to be placed on the site shall be of such a composition as not to create potential contamination of the natural environment including groundwater, vegetation, soils and surface waters; no dumping of soil, sand, clay or similar material shall be undertaken that appreciably increases the surface runoff reaching adjacent or surrounding property. Surface runoff shall be dissipated by retention on the development parcel, percolation into the soil, evaporation, or by transport by natural drainage way or conduit to an appropriate point of discharge.
Extensive dumping of materials shall be construed to mean the placing of fill material on a lot or property so as to create a recognizable change in the character of the natural terrain of such lot or property.
C. Dumping of toxic materials and/or nuclear wastes shall not be allowed within Presque Isle Township.
SECTION 4.8 EXCAVATIONS OR HOLES
The construction, maintenance or existence of unprotected or unbarricaded holes, pits, wells, building pads, or similar excavation which cause, or are likely to cause a danger to life, health and safety to the general public shall be prohibited. This section shall not, however, prevent any excavation which is required for the construction, remodeling, or expansion of structures, or for industrial or farming operations, provided appropriate precautionary measures, such as the placement of warning signs, fences, etc., have been approved by the Zoning Administrator and placed on the premises. Nothing in this section shall apply to bodies of water, ditches, streams, or other major natural resources created or existing by the authority of the State of Michigan, Presque Isle County, Presque Isle Township, or other units of government. After such extractive activity shall cease, any excavation resulting from the extraction of sand, gravel, or other minerals for commercial purposes shall be required to be refilled, or graded and returned, as near as possible, to its natural state including planting and vegetation indigenous to the area, by the person, firm, or corporation engaging in such excavation unless alternate plans approved by the Planning Commission and the DNR Geologic Survey Division are submitted by the owner or occupant.
Standards for Planning Commission review and approval of the reclamation plan shall be those set forth in the Michigan Mine Reclamation Act, Public Act 92 of 1970 as amended by Public Act 123 of 1972, and implementing regulations adopted thereunder.
SECTION 4.9 BUILDING HEIGHT LIMITATIONS
In zones C-2, C-M, C-F, I-1 and I-2, Building Height Limitations may be exceeded by Special Use Permit for chimneys, cooling towers, elevation bulkheads, fire towers, silos, stacks, T.V, radio and telephone antennas and other such structures as necessary to the permitted uses of the district in which they are located. Height limitations for structures in all zoning districts are defined in the Schedule of Regulations. (see Table A, Article 21)
SECTION 4.10 BASIS OF DETERMINING YARD AND SETBACK REQUIREMENTS
The required yard setback is determined by measuring the distance from the lot line to that part of the structure nearest the lot line.
SECTION 4.11 FENCES AND WALLS, applied to ALL Zoning Districts
Notwithstanding other provisions in this ordinance, fences or walls may be permitted on any property provided that no fence or wall exceed a height of six (6) feet, measured from abutting ground level on a side or rear yard and four (4) feet in height on a front yard and shall not be closer than five (5) feet from the front property line or road right of way.
A. Allowed only in FR, EC, I-1, I-2 and C-2. It shall be unlawful to construct, install or maintain in existence any fence equipped with barbed wire, spikes or any similar hazardous device and/or equipped with any electrical charge unless such barbed wire, spikes, hazardous device or such electrically charged wire located no less than (7) feet above the ground level abutting such fence and is posted with permanent notices not more than (50) feet apart clearly indicating the hazardous nature of such fence.
B. No fence within platted residential areas or unplatted residential areas having a residential building density of at least one residential building for each 300 feet of road frontage between intersecting streets within the township shall have a height as measured from the abutting ground level of greater than (6) feet. Where there is a structural difference in the sides of the fencing, the side with the better appearance is to face the adjoining property.
C. Where a lot borders a lake or stream, fencing shall not be located in the front yard setback or line of sight. Further, a fence placed in any part of the lot lying between the principal buildings and the front yard setback shall not exceed four (4) feet in height unless a site plan review has been approved by the Planning Commission. The Planning Commission shall by site plan review, consider whether or not the proposed fence unreasonably restricts or may in the future, unreasonably restrict the waterfront view of neighboring residents. (effective Sept. 28th, 2011)
D. On corner lots, no plantings shall be established or maintained which obstructs the view of vehicular traffic in any direction. Such unobstructed corner shall mean a triangular area formed by the street property lines of two (2) intersecting street and a line connecting them twenty-five (25) feet from the point of intersection. In the case of a rounded street corner, such measurement shall be from the street lines extended to form an intersection. Plantings within this area may attain a height of up to thirty (30) inches.
E. In the installation of any fence, the property owner is responsible for the location of property lines and should obtain a professional survey if necessary to determine accurate property lines. Presque Isle Township shall not be held responsible for any property line or fence disputes between adjacent property owners.
SECTION 4.12 LANDSCAPE AND BUFFER STRIP REQUIREMENTS
A. In instances where a commercial, industrial or multi-family use is located adjacent to residentially zoned property or an occupied residential structure, the Planning Commission shall require the owner of the non-residential property to provide a landscaped buffer strip at least ten (10) feet wide. Such buffer strip shall include evergreen shrubbery or trees, of which height shall be determined by the Planning Commission, but in no instance shall the height of such plantings be less than five (5) feet in the case of evergreen trees or four (4) feet in the case of shrubs. Grass and other living plants shall be primary ground cover in the required buffer strip. Any limbs, shrubs or bushes which extend into the property of the adjoining residential property owner may be trimmed back by the residential property owner, except for trees whose branches begin eight (8) feet or more above ground level.
B. For permitted and special uses in the C-M, C-1, C-2 and I-1 Districts, a minimum of fifteen percent (15%) of the site shall be in landscaped open space, with one (1) evergreen tree at least five (5) feet in height or one (1) shrub at least four (4) feet in height for every one thousand (1,000) square feet of landscaped area, plus one (1) deciduous tree at least two and one-half (2 1/2) inch caliper for every two thousand (2,000) square feet of landscaped area. Plant material existing on the site prior to development may be included as part of this requirement if it meets minimum size. Thirty percent (30%) of the required landscaped open space shall be between the roadway and the building. Buildings on corner lots shall have sixty percent (60%) of the required landscaped open space between the building and the roadway. Grass and other living plants shall be primary ground cover in required landscaped areas.
C. All plantings within landscaped areas shall be maintained in an orderly and healthy condition, neat in appearance. The plans for required landscaped area shall be submitted to the Zoning Administrator for approval and recommendations as to suitability and arrangement of planting material; except in instances where a site plan is required, the placement of plant material shall be shown on the site plan, subject to review and approval by the Planning Commission.
SECTION 4.13 DEMOLITION PERMITS
No building shall be razed except by permit from the Zoning Administrator, who is authorized to require a performance bond, the amount of which is to be one hundred percent (100%) of the cost of demolition and removal of materials determined by the Zoning Administrator. Such bond shall be conditioned upon a reasonable time limit for the demolition, and shall meet the health and safety requirements as stipulated in the permit.
SECTION 4.14 ESSENTIAL PUBLIC SERVICES
The erection, construction, alteration and maintenance of facilities considered to be essential to serve the general public shall be exempt from the regulations set forth in the ordinance and shall be permitted in any Use District. The following are considered by the Planning Commission to be a danger to health, safety and welfare of the general public and shall not be permitted within the township:
A. nuclear power reactors
B. high-voltage power lines exceeding 765 kilovolts
C. liquified natural gas storage facilities
The following standards shall be adhered to by the Planning Commission in approving the placement of essential public facilities by Special Use Permit:
A. Electric high-voltage transmission lines shall be placed in utility rights-of-way. Assurance shall be made that no residential, commercial, or recreational structure shall be located within three hundred (300) feet of any such transmission line. No electric high-voltage transmission line shall be constructed to carry more than 765 kilovolts.
B. All non-nuclear electrical generating plants shall be made to conform to all federal and state pollution control standards.
The aforementioned standards are based upon popular conceptions of potential hazards related to such facilities and are promulgated to protect the health, safety and welfare of the township's residents.
SECTION 4.15 REVERSION OF REZONED AREAS
In the case of land which has been approved for a zoning change, construction on such parcel, other than accessory buildings, must begin within a period of one (1) year from approval of such zone change. If construction does not commence within this period, the Township Board may initiate action to rezone the parcel to its original zoning district or another appropriate district.
SECTION 4.16 TRANSITION ZONING
A residential lot with its side yard adjacent to a parcel in a commercial or industrial district, not separated from such district by a street, and not extending more than one hundred (100) feet from said commercial or industrial district, may be utilized according to the regulations of the next less restrictive residential district for new residential structures. This transitional lot may be used for professional offices of doctors, lawyers, architects, and dentists.
Approval for a non-residential use on a transitional lot shall require a detailed site plan, and an architectural rendering of all structures to be located on the parcel to be submitted to the Zoning Administrator. In addition, approval must meet the following conditions:
A. The yard setbacks shall conform to the requirements of the abutting non-residential district.
B. Adequate parking and access shall be provided.
C. Landscaping and screening shall be planned according to Section 4.12.
D. The proposed structure shall have a residential appearance in keeping with the character of the adjacent residential district.
SECTION 4.17 TEMPORARY STORAGE OF MATERIALS
The temporary storage, collection, or placing of used or discarded materials such as lumber, scrap iron, slag, ashes, or other such matter shall be allowed only after a permit is issued by the Planning Commission stating the conditions under which such activity shall be performed. The Planning Commission shall require the removal of such materials from districts in which said materials are illegally stored or placed. Such removal shall take place within thirty (30) days after written notice is sent by the Zoning Administrator to the person or persons responsible for said storage, notifying him of the violation and stating the date on which such materials must be removed from the premises, and/or the date, time and place the individual may appear before the Planning Commission to request a Special Use Permit for such storage.
Said permit shall be issued only if such used or discarded materials are placed or stored in such a manner as to be invisible from any road or thoroughfare or from any residential structure surrounding the premises upon which said materials are stored, nor shall such materials be stored within two (2) feet from the property line. Said materials are not easily accessible to the general public and, in the judgement of the Zoning Administrator, do not present a danger to the health, safety and welfare of the general public including potential contamination of groundwater supplies as determined by the Presque Isle County Health Department. Such permit shall be issued for a period not to exceed one (1) year.
SECTION 4.18 ILLEGAL DWELLING
The use of any portion of a basement, not considered a story, of a non-completed or partially completed structure for dwelling purposes shall not be allowed. Garages or accessory buildings shall not be occupied for dwelling purposes.
No structure without adequate sanitary facilities or otherwise structurally incomplete shall be issued a permit of occupancy by the Zoning Administrator.
SECTION 4.19 STORAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS
Recreational vehicles, including campers, trailers, motor homes, boats, motorcycles and the like shall not be permitted in a residential district, except under the following conditions:
A. That such recreational vehicles and equipment be parked or stored in the rear yard or side yard of the residence or main building, but no closer than two (2) feet of the rear and side lot lines, except for lakefront lots, in which case, no more than three (3) water-oriented recreational vehicles may be stored in the front yard. (Revised date: June 14, 2012)
B. Storage or parking of such vehicles and equipment shall be on property which contains a residential dwelling or adjacent or abutting property or the same ownership. The owner of said vehicles being the occupant of the dwelling or a member of the immediate family residing in the dwelling.
C. Travel trailers, motor homes, other similar vehicles designed with sleeping accommodations, and tents shall not be occupied, or connected to electrical or sanitary facilities, except when used as a recreational vehicle for transient purposes, and then not to exceed a continuous period of fifteen (15) days per any consecutive ninety (90) day period. Travel trailers, motor homes, and other similar vehicles, when occupied for transient purposes, must be parked on a driveway, apron, or other developed facility for parking vehicles. Such use of a recreational vehicle or tent for transient purposes shall occur only on a lot with an existing dwelling unit, or during the construction of a permanent residence where the length of stay shall not exceed the duration of the zoning permit and accompanying building permit. (Revised Date: June 14, 2012) (see also Definitions of Front Yard, Article 3 and Article 22.4-Parking)
D. A permit for occupancy of a recreational vehicle on a vacant lot or parcel in the EC and FR Districts only shall be obtained from the Zoning Administrator for a period not to exceed twenty one (21) days, then only when suitable sanitary facilities are provided by the occupant. (Effective Date: February 20, 1997)
SECTION 4.20 VOTING PLACE
Nothing in this ordinance shall be so construed as to interfere with the temporary use of any dwelling or property as a voting place in an authorized public election.
SECTION 4.21 SALVAGE OR DUMPING OF MOTOR VEHICLES
There shall be no salvaging or dumping of automobiles, trucks, trailers, tractors, or other similar vehicles within the township, except in a legally authorized junk yard. Nor shall any unlicensed or inoperable motor vehicle be stored for more than thirty (30) days unless stored within a totally enclosed structure. Outdoor restoration of antique vehicles may continue beyond the thirty (30) day limit, but may not exceed six (6) months, provided progress is shown in the restoration. (Effective Date: February 20, 1997)
SECTION 4.22 QUALIFYING SPACE
No portion of a lot used in complying with the provisions of this ordinance for lot size, yard setbacks or percentage of lot coverage, in connection with an existing or projected structure, shall again be used to qualify or justify any other structure existing or intended to exist at the same time.
SECTION 4.23 PRINCIPAL USE
No lot may contain more than one (1) principal (main) structure or use, excepting groups of apartment buildings, offices, retail business buildings, or other similar groups of buildings the Planning Commission considers to be principal structures or uses.
SECTION 4.24 CORNER LOT
When a lot is bounded by two (2) intersecting streets, the front yard requirements shall be met on only one (1) abutting street, provided that no portion of the lot within ten (10) feet of the side lot line of any adjoining property is utilized for a structure unless the minimum front yard requirements of the adjoining property are met.
SECTION 4.25 STREET ACCESS
Any lot of record created after the effective date of this ordinance shall have access to a public street right-of-way, except as may be provided for otherwise in a Planned Unit Development designed in accordance with the applicable provisions of this ordinance.
SECTION 4.26 HOME OCCUPATIONS
While Presque Isle Township recognized that many residents feel the necessity to work at home, the Township also recognized the rights of all residents to be free from actual or potential nuisance which may be caused by non-residential activities conducted in a residential zone. The intent of this section is to ensure that any home occupation is compatible with other permitted uses in residential districts and to maintain and preserve the quality of the neighborhood. Home occupations meeting the criteria set out below shall be allowed by special permit in districts R-1, R-2, EC and FR.
A. The home occupation shall be clearly incidental and subordinate to the principal use of the premises for residential purposes. The exterior appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to substantially alter its residential character.
B. The home occupation is only conducted by the person or persons occupying the premises as their principal residence. Space allotted to the home occupation shall be limited to not more than twenty-five (25%) of the ground floor area of the dwelling unit, excluding attached accessory buildings. Such space may be utilized in the dwelling unit, attached accessory building, or any combination. Use of the yard area for outdoor storage or display purposes is prohibited. (effective February 20, 1997)
C. The dwelling has no exterior evidence, other than an unlighted nameplate not to exceed a 4 sq. feet area, to indicate that the same is being utilized for any purpose other than that of a dwelling.
D. No retail sales are allowed from the premises which are not strictly incidental to the principal home occupation conducted therein.
E. No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, dust, glare, heat, polluting material, fluids or gases into the ground or surface water, soil or atmosphere.
F. Vehicular and pedestrian traffic generated by the home occupation shall not exceed that which would normally be expected in a residential neighborhood and the need for parking shall be met off street.
G. The home occupation shall not be open to the public earlier than 8:00 am or later than 8:00 pm.
H. Persons conducting a home occupation shall apply for the permit by filling out a special use permit and site plan application available from the Zoning Administrator. Completed applications will then go before the Planning Commission for approval. The permit shall be renewed and updated at three year intervals thereafter. Change of home occupation or change of ownership of the home occupation shall require new Special Use Permit approval by the Planning Commission.
I. Any such home occupation shall be subject to inspection by the Zoning Administrator of the Township and the permit for same may be terminated by order of the Planning Commission upon recommendation by the Zoning Administrator, whenever the home occupation fails to comply with the Zoning Ordinance. The Planning Commission shall have the authority to determine whether or not an operation or proposed use complies with the Zoning Ordinance.
SECTION 4.27 BED AND BREAKFAST FACILITIES
While this ordinance is established to enable single family dwelling units to be used as bed and breakfast operations, it is the intent of the Planning Commission to preserve the character of the residential district in which the operation is located. A bed and breakfast operation is a subordinate use to a single family dwelling unit subject to the following conditions:
A. A bed and breakfast operations shall be confined to the single-family dwelling unit, and the operator shall live on the premises when the operation is active.
B. The number of rooms available for guests shall be limited to five (5). Each guest room shall be equipped with a separate functioning smoke detector alarm, and a fire extinguisher in proper working order shall be installed and maintained on every floor. Guests shall have access to lavatory and bathing facilities.
C. The maximum length of stay for guests shall be seven (7) consecutive days. (Effective Date: February 20, 1997)
D. Two (2) off-street paved or graded parking spaces shall be provided for the operator of the bed and breakfast, plus one (1) parking space for each available guest room and one (1) for any non-resident employee.
E. The dwelling unit has no exterior evidence, other than a sign permitted under Article 23, to indicate that the same is being utilized for any purpose other than as a residence.
F. Breakfast may be served only to overnight guests, an in accordance with state and county public health regulations regarding bed and breakfast facilities.
G. Any number of dwelling residents may assist with the bed and breakfast operation, but not more than one (1) non-resident employee may be hired.
H. The bed and breakfast operation shall produce no excessive noise, traffic, glare or other nuisance that would be detrimental to the character of the neighborhood.
SECTION 4.28 SATELLITE DISH ANTENNAS
The proliferation of private satellite dish antennas raises substantive concerns of aesthetics and safety particularly in residential areas of Presque Isle Township. It is the intent of the Planning Commission to regulate satellite dish antennas to prevent visual intrusion of such technology and to protect residents from unsafe structures and equipment. Satellite dish antennas shall be permitted subject to the following conditions:
A. Ground mounted satellite dish antennas up to twelve (12) feet in diameter shall be a permitted use in all districts, and may be installed anywhere on a lot except within a required yard area. Any roof mounted satellite dish antenna up to twelve (12) feet or any ground mounted antenna on a waterfront lot, which will be installed on the waterfront side of the lot, shall be designated as a special approval use in the R-1, R-2, R-M, FR and EC districts. On a waterfront lot, the placement of a ground mounted satellite dish antenna shall be subject to greenbelt regulations in Section 4.31.
B. All installations must comply with all accessory use, yard, height, bulk and setback requirements specified within the district in which the satellite dish antenna is being installed.
C. All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.
SECTION 4.29 YARD, GARAGE AND RUMMAGE SALES
Notwithstanding any other provisions of this ordinance, yard, garage and rummage sales shall be permitted in any district designated for single-family residential use. A zoning permit shall not be required for yard, garage and rummage sales; however, allowable sales shall be limited to one (1) per year with a maximum three (3) day duration. Sale items shall be limited to general household goods and clothing. Not more than one (1) on-premise and two (2) off-premise temporary signs, each not to exceed four (4) square feet in size, may be installed for a maximum duration of four (4) days and must be removed immediately upon the end of the sale.
SECTION 4.30 SUBDIVISION OF LAND
All land hereafter divided into two (2) or more lots for the purpose of sale or lease for residential, commercial, industrial or other use shall be in conformity with the provisions of this ordinance. Such lots shall be subject to all provisions of the zoning district in which the parcel is located, governing area, width, frontage and other requirements concerning applicable land uses. No survey stakes or monuments shall be set with intent of permanent location until the lot proposal has been submitted to the Zoning Administrator for approval.
SECTION 4.31 GREENBELTS
To preserve natural resources, water quality and community scenic and recreational values, a greenbelt shall be established and maintained on all property located within thirty (30) feet of the ordinary high water mark of a lake or a stream. Within the greenbelt area, the following development or use restrictions shall apply:
A. No structures are allowed except for boat launching and docking facilities. Reference Table A, Section 21 for front yard setback requirements on waterfront lots.
B. No dredging or filling is allowed except for reasonable sanding of beaches where permitted by state of federal law.
C. The use of asphalt, concrete and other impervious surfaces shall be limited to walkways necessary for water access or boat launch ramps.
D. The use of pesticides, herbicides and fertilizers is strongly discouraged.
E. Leaves, grass clippings and similar yard and garden wastes may not be burned or stored.
F. Neither septic tanks nor septic system filtration fields may be located within the greenbelt.
G. Natural vegetation cover, including trees, shrubs or herbaceous plants shall be maintained on a least sixty percent (60%) of the lake or stream frontage within the greenbelt. Beach sand, gravel, cobblestone or rock may be substituted for vegetated areas where these materials are existing in the greenbelt portion of the site.
H. The greenbelt shall be shown on any plot plan or site plan submitted for approval during the process of developing a water frontage parcel.
SECTION 4.32 HISTORIC SITES
Development, re-development, reconstruction, expansion or demolition of any property on or eligible for the National Register of Historic Places or listed on the State of Michigan Register of Historic Sites shall be considered a special approval use, subject to site plan review requirements of Article 21. During site plan review, development alternative which preserve the historic and cultural values of such properties shall be presented by the petitioner and considered by the Planning Commission prior to final action.
SECTION 4.33 DIVISION OF LOTS IN A RECORDED PLAT
The division of a lot in a recorded plat is prohibited, unless approved following application to the Township Board. The application shall be filed with the Township Clerk and shall state the reasons for the proposed division. The Township Board may request review and comment by the County Planning Commission. The division, to be approved by the Township Board, shall have suitability of the land for building purposes approved by the District Health Department. No building permit shall be issued, or any building construction commenced, prior to the Township Board's approval. No lot in a recorded plat shall be divided into more than four (4) parts, and the resulting lots shall not be less in area than permitted by the Township Zoning Ordinance. The division of a lot resulting in a smaller area than prescribed herein may be permitted, but only for the purpose of adding to the existing building site or sites. The application shall so state and shall be in affidavit form.
SECTION 4.34 NOISE CONTROL (Effective Date: October 8, 2004)
A. General Regulation: No person, firm or corporation shall cause or create any unreasonable or unnecessarily loud noise or disturbance, injurious to the health, peace, or quiet of the residents and property owners of the township.
B. Specific violations of the following noise and disturbances are hereby declared to be a violation of this ordinance. This list of noises and disturbances is not intended to permit other noises and disturbances which, while not listed below, constitute violations as defined in subsection A. above:
1. The playing of any radio, phonograph, television or other electronic or mechanical sound-producing device, including any musical instrument in such a manner or with such volume as to unreasonably upset or disturb the quiet, comfort of repose of other persons.
2. Yelling, shouting, hooting, singing or the making of any loud noise between the hours of 11:00 p.m. and 7:00 a.m., or at any time so as to unreasonably upset or disturb the quiet comfort, or repose of other persons.
3. The keeping of any animal which by causing frequent or long continued noise, shall disturb the quiet, comfort, or repose of any person is prohibited Enforcement of excessive animal noise is at the discretion of the enforcing agency.
4. The erection, excavation, demolition, alteration or repair of any building or premises in any part of the township, and including the streets and highways, in such a manner as to emanate noise or disturbance unreasonably annoying to other persons, other than between the hours of 9:00 a.m. and 9:00 p.m. on Sundays, and between the hours of 7:00 a.m. and 9:00 p.m. on other days is prohibited.
C. Exceptions. None of the prohibitions shall apply or be enforced against:
1. Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activity.
2. Excavation or repair of public infrastructure or utility or other property by or on behalf of the State of Michigan, Presque Isle Township, between the hours of 9:00 p.m. and 7 a.m. when the public welfare, safety and convenience render it impossible to perform such work during other hours. Any individual may make emergency repairs between the hours of 9:00 p.m. and 7:00 a.m. to stabilize their situation.
3. Warning devices emitting sound for warning purposes as authorized by law.
4. Enforcement The Presque Isle Township Supervisor, the Presque Isle Township Zoning Administrator, deputies of the Presque Isle County Sheriff's Department, and troopers of the Michigan State Police are hereby designated as authorized local officials who shall administer and enforce this ordinance.
SECTION 4.35 RIPARIAN ACCESS (Effective Date July 26 2003)
The following restrictions are intended to limit the number of dwelling units having access to lake frontage in order to preserve the quality of water, to avoid congestion, to promote safety and to preserve the quality of recreational use for all users.
A. In all Districts there shall be a minimum of 50 feet of frontage and a minimum lot area of 5,000 square feet, as measured along the ordinary high water mark of the lake, for each dwelling unit utilizing or accessing the lake frontage.
B. The lot shall not contain any other principal building, dwelling unit or accessory building, except as may be otherwise permitted by this ordinance for docks or boat launching facilities.
C. The restrictions of this Section shall apply to all lots and parcels on or abutting any lake in all Districts, regardless of whether access to the lake waters shall be by easement, common-fee ownership, single fee ownership, condominium arrangement, license or lease. This limitation, however, shall not apply to a public access site or waterfront lot under the possession and control of a governmental agency, including but not limited to Presque Isle Township, Presque Isle County, Presque Isle County Road Commission or the State of Michigan, that is intended to provide the general public with access to the water.
SECTION 4.36 UNDEVELOPED WATERFRONT LOTS (Effective Date November 22 2003)
For waterfront lots on which no dwelling has been constructed, the following regulations apply:
A. One dock shall be allowed. A permit for the dock shall be required, but the cost for the permit shall be waived.
B. The dock and boat hoist(s) may be stored on-site during the off-season.
C. Picnic table(s) shall be allowed.
D. Fire pit(s) shall be allowed.
E. Sanitary needs shall be met off-site.
F. For island property with a dwelling and mainland undeveloped lot(s), provided the island dwelling and the mainland property are held in the same fee or easement ownership, the following shall apply in addition to the above requirements.
1. One accessory building not to exceed two hundred (200) square feet may be erected on the mainland undeveloped lot, provided the requirements for the district are met and a site plan is approved by the Planning Commission OR, one accessory building greater than two hundred (200) square feet but not greater than seven hundred seventy five (775) square feet may be erected on the mainland undeveloped lot, provided the requirements for the district are met and a Special Use Permit has been obtained from the Planning Commission.
2. Where a mainland lot serves more than one island dwelling, one boat per dwelling may be stored on the mainland lot.
SECTION 4.37 DOCKS (Effective Date November 22, 2003)
A. All docks shall be placed far enough away from the side property lines such that no boat, hoist or other attachment to the dock crosses the property line or the imaginary extension of the property line out into the water.
B. Owners of developed waterfront property are automatically allowed one dock. Additional docks shall be permitted only after the property owner acquires a permit, at no cost, from the zoning administrator.
C. The Michigan Department of Natural Resources (DNR) determines what is a navigational hazard and the DNR require a permit for anything placed in the lake that is not a dock or swimming platform.
SECTION 4.38 OUTDOOR FURNACES(Effective Date: April 28, 2006)
A. Intent - Although outdoor furnaces may provide an alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This Section (4.38) is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Township.
B. Permit Required - No person shall cause, allow or maintain the use of an outdoor furnace within the township of Presque Isle without first having obtained (1) a zoning permit from the Township Zoning Administrator, (2) a mechanical permit from the State Mechanical Inspector, and (3) an electrical permit from the County Electrical Inspector.
C. Existing Outdoor Furnaces - Any outdoor furnace in existence on the effective date of this Section shall be permitted to remain provided that the owner applies for and receives (1) a zoning permit, (2) a mechanical permit, and (3) an electrical permit within one year of such effective date; provided, however, that upon the effective date of this Section, all the provisions hereof except paragraphs D.2, D.3 and D.4 shall immediately apply to existing outdoor furnaces. All of the provisions of this Section shall continue to apply to existing outdoor furnaces which receive permits except paragraphs D.2, D.3, and D.4. If the owner of an existing outdoor furnace does not receive a permit within one (1) year of the effective date of this Section, the outdoor furnace shall be removed.
"Existing" or "in existence" means that the outdoor furnace is in place on the site.
D. Specific Requirements:
1. Permitted Fuel - Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of all other materials in an outdoor furnace is prohibited.
2. Permitted Zones - Outdoor furnaces shall be permitted only in the EC, FR, C-2, I-1, and I-2 zoning districts.
3. Minimum Lot Size - Outdoor furnaces shall be permitted only on lots of five (5) acres or more.
4. Setbacks - Outdoor furnaces shall be set back not less than 50 feet from the side lot line, not less than 50 feet from the back lot line, and not less than 200 feet from the nearest existing dwelling on abutting property.
5. Spark arrestors - All outdoor furnaces shall be equipped with properly functioning spark arrestors.
E. Effect of Other Regulations - Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, Michigan State Department of Environmental Quality, Michigan Department of Natural Resources or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace, shall be installed, operated and maintained in conformity with the manufacturer’s specifications and recommendations, and all local, State and Federal codes, laws, rules and regulations.
SECTION 4.39 CONDOMINIUMS (Effective Date: March 22, 2008)
A. All condominium projects that are being developed as site condominiums shall comply with the requirements provided in Article 17-A.
B. All condominium projects that are not being developed as site condominiums shall comply with the design, use, density, and development standards appropriate to the district in which the project is located and shall be required to obtain site plan approval per Article 17. Depending on the proposed use, special exception use approval may also be required per Article 18.
C. In addition, condominium documents shall be submitted to the Planning Commission for review and approval prior to construction of any condominium project.
D. All conversion condominium projects shall be subject to the requirements of the Zoning Ordinance and require site plan review and approval by the Planning Commission per Article 17 prior to the occupancy of any unit converted to a condominium unit. The site plan submitted for a conversion project shall include all existing conditions and clearly identify all proposed site changes. The proposed condominium documents must also be submitted for review and approval by the Planning Commission.
For the purpose of this ordinance, the following Zoning Districts shall be established in Presque Isle Township:
R-1 Rural Residential
R-2 Single-Family Residential
R-M Low Rise Multiple-Family Residential
C-1 Neighborhood Commercial
C-F Community Facilities
C-M Commercial Marina
EC Environmental Conservation
I-2 Extractive/Heavy Industry
SECTION 5.2 DEFINITION OF BOUNDARIES
The location and boundaries of these zoning districts are established on a map entitled the "Presque Isle Township Zoning Map" which is hereby adopted as a part of this ordinance. The official zoning map shall be located in the office of the Zoning Administrator and shall be updated as necessary.
The official zoning map, including legally adopted amendments, shall be designated as such by the signature of the Zoning Administrator and attested to by the Township Clerk.
Where uncertainty exists as to the exact district boundaries, the following shall prevail:
A. Where boundary lines are indicated as approximately following streets, alleys or highways, the center lines of said streets, alleys or highways shall be considered to be exact boundary lines.
B. Boundaries indicated as approximately following lot lines shall be considered to follow said lot lines.
C. Boundaries indicated as following section lines shall be considered to follow the section line.
D. Boundaries indicated as following the shorelines of lakes shall be considered as following such shoreline. In the case of streams, such boundaries shall be considered to follow the center line of the stream. Where shorelines of lakes have changed, the boundary line shall be construed as following the contour of the new shoreline and in the case of changes in the course of a stream, the boundary shall be considered as the center line of the new course.
E. Where the application of the aforementioned rules leave a reasonable doubt as to the exact location of a district boundary, the provisions of the more restrictive district shall govern the entire parcel in question, unless determined otherwise by the Board of Appeals upon recommendation by the Zoning Administrator.
SECTION 5.3 ZONING OF VACATED AREAS
Whenever any street, alley, highway or public right-of-way within the township shall have been abandoned by official government action and when such right-of-way lands attach to and become part of the land adjoining said right-of-way, such right-of-way property shall automatically acquire and be subject to the provisions of the Zoning District of the abutting property. In the case of an abandoned right-of-way which also serves as a district boundary, the center line of such abandoned right-of-way shall remain the boundary line and the lands on either side of said center line shall become attached to their respective adjoining properties.
SECTION 5.4 ZONING OF FILL AREAS
Whenever, after appropriate permits are obtained, any fill material is placed in any lake or stream so as to create a usable or buildable space, such fill area shall take on the Zoning District and accompanying provisions of the land abutting said fill area. No use on any lake or stream shall be allowed which does not conform to the ordinance provisions on the property from which said use emanates. No fill material shall be placed in any lake or stream within the township unless appropriate permits are obtained from the Michigan Department of Natural Resources and/or U.S. Army Corps of Engineers, or other appropriate districts.
SECTION 5.5 ZONING DISTRICT CHANGES
Section 1.01 When district boundaries change, any non-conforming use may be continued subject to all other applicable provisions of this ordinance.
SECTION 6.1 PURPOSE
The R-1 district is intended to provide a residential living environment devoted primarily to single-family dwellings.
SECTION 6.2 PERMITTED USES
Land and/or buildings in this district may be used for the following purposes only:
A. Accessory uses and structures
B. Adult Foster Care Family Homes
C. Family Child Day Care Homes
D. Foster Family Group Homes
E. Foster Family Homes
G. Single-family dwellings
* Subject to site-plan review
SECTION 6.3 USES ALLOWED BY SPECIAL PERMIT
The following may be allowed only after special approval is obtained:
A. Bed and breakfast facilities subject to the limitations of SECTION 4.27.
C. Group Child Day Care Homes subject to the provisions in SECTION 20.20
D. Home occupations, subject to the limitations of SECTION 4.26.
E. Nurseries for children
F. Temporary buildings or trailers used during construction
SECTION 7.1 PURPOSE
The R-2 residential zone is designed to provide a location within the township primarily for single-family dwelling units containing a higher density than the R-1 District.
SECTION 7.2 PERMITTED USES
Land and/or buildings in this district may be used for the following purposes only:
A. Adult Foster Care Family Homes
B. Detached single-family dwellings
C. Family Child Day Care Homes
D. Foster Family Group Homes
E. Foster Family Homes
F. Nurseries for children*
*Subject to site plan review
SECTION 7.3 USES ALLOWED BY SPECIAL PERMIT
The following may be allowed only after special approval is obtained:
A. Accessory building greater than two hundred (200) square feet but not greater than seven hundred seventy-five (775) square feet on a mainland undeveloped waterfront lot to serve an island dwelling.
B. Adult Foster Care Small Group Homes subject to the provisions in SECTION 20.3
C. Bed and breakfast facilities subject to the limitations of SECTION 4.27.
E. Golf courses, country clubs, golf driving ranges
F. Group Child Day Care Homes subject to the provisions in SECTION 20.20
G. Home occupations subject to the limitations of SECTION 4.26.
H. Planned unit development
I. Private, non-commercial outdoor recreational camps
J. Private clubs and lodges
(Effective date November 22, 2003)
R-M LOW RISE MULTIPLE-FAMILY RESIDENTIAL
SECTION 8.1 PURPOSE
The R-M Low Rise Multiple-Family Residential District is designed to provide sites for the widest range of housing types in a single district, and to serve the housing needs of the Township for apartments, townhouses and group housing of similar character and density.
SECTION 8.2 PERMITTED USES
Land and/or buildings in this district may be used for the following purposes only:
A. Accessory uses and structures
B. Adult Foster Care Family Homes
C. Adult Foster Care Small Group Homes subject to the provisions in SECTION 20.3
E. Single-family dwellings
F. Three- and four-family dwellings*
G. Two-family dwellings *
*Subject to site-plan review
SECTION 8.3 USES ALLOWED BY SPECIAL PERMIT
The following may be allowed only after special approval is obtained:
A. Bed and breakfast facilities in single-family dwellings, subject to the limitations of
B. Group Child Day Care Homes subject to the provisions in SECTION 20.20
C. Home occupations in single-family dwellings, subject to the limitations of SECTION 4.26.
SECTION 9.1 PURPOSE
This district is intended to serve the needs of residents on a smaller scale than that in the C-2 district. Businesses within the neighborhood commercial zone are designed to offer convenience items and service to customers immediately surrounding the district. Consequently, the interior spaces of commercial structures within this zone are limited in size to accommodate the district's neighborhood characteristic. (Effective June 27, 2001)
SECTION 9.2 PERMITTED USES (Effective June 27, 2001)
Land and/or buildings in this district may be used for the purposes listed below or uses compatible with SECTION 9.1 PURPOSE of this district as approved by the Planning Commission:
A. Accessory uses and structures
B. Bakery goods shops
C. Barbers, beauty shops
D. Convenience food stores, delicatessens
E. Dance, music, voice studios
F. Furniture repair, re-upholstery shops
I. Neighborhood pharmacies, opticians
J. Nurseries for children
SECTION 9.3 USES ALLOWED BY SPECIAL PERMIT (revised March 24th, 2011)
The following may be allowed (but not limited to) only after special approval is obtained:
A. Adult Foster Care Large Group Home subject to the provisions in SECTION 20.3
C. Temporary buildings and structures used during construction
D. Medical Marijuana Caregiver Operations
E. Motels, not to exceed twenty (20) units
F. Multiple-family housing limited to not more than twelve (12) units per structure, and not more than twenty-four (24) units per parcel
G. Nursing and convalescent home, limited to twenty-four (24) beds.
H. Professional offices
I. Resorts, marinas
SECTION 10.1 PURPOSE
This zone is intended to establish an area for those businesses which are highly dependent upon, and associated with, vehicular traffic. As such, these commercial activities are located alongside the township's major thoroughfare and designed for easy access by the traveling public.
SECTION 10.2 PERMITTED USES
Land and/or buildings in this district may be used for the purposes listed below or similar uses as approved by the Planning Commission:
A. Auto sales, service, storage, rental
B. Banks, savings and loan
C. Business colleges, trade schools
D. Car washes
E. Drive-in restaurants, food stands
F. Equipment rentals and sales yards
G. Grocery stores
I. Lumber yards, retail
J. Mobile home parks
L. Nurseries for children
M. Restaurants, bars
N. Service stations
O. Trailer sales yards
P. Used car lots
SECTION 10.3 USES ALLOWED BY SPECIAL PERMIT (revised March 24th, 2011)
The following may be allowed only after special approval is obtained:
A. Adult Foster Care Large Group Homes subject to the provisions in SECTION 20.3
C. Medical Marijuana Caregiver Operations
D. Multiple-family housing limited to not more than twelve (12) units per structure,
and not more than twenty-four (24) units per parcel
E. Nursing and convalescent home, limited to twenty-four (24) beds.
F. Other commercial facilities not listed by permitted use
G. Outdoor amusement facilities
H. Temporary buildings or trailers used during construction
C-M COMMERCIAL MARINA
SECTION 11.1 PURPOSE
The purpose of this district is to encourage a compatible mix of land uses related to the waterfront. The district is designated to incorporate public waterfront areas along with limited retail and boat storage facilities.
SECTION 11.2 PERMITTED USES
Land and/or buildings in this district may be used for the purposes listed below or similar uses as approved by the Planning Commission:
A. Bait and sporting goods sales
B. Bed and breakfast facilities
C. Convenience groceries and supplies
D. Museums and historic sites
E. Public and private marinas, including incidental and related retail facilities, excluding boat repair and storage
F. Public and private parks
G. Restaurants and bars, excluding drive-in restaurants
H. Tourist oriented retail sales, including gift, book, antique and art shops
SECTION 11.3 USES ALLOWED BY SPECIAL PERMIT
The following may be allowed only after special approval is obtained:
A. Boat repair and storage facilities
B. Multiple-family housing, limited to four (4) units per structure
SECTION 12.1 PURPOSE
This zone is designated as a district to serve the local populace. The activities permitted within this zone are compatible with each other and are designed to promote efficiency in the administration of local services.
SECTION 12.2 PERMITTED USES
Land and/or buildings in this district may be used for the following purposes only:
A. Accessory buildings and uses
D. Governmental administrative facilities
F. Museums and historic sites
H. Public and private elementary and high school
SECTION 12.3 USES ALLOWED BY SPECIAL PERMIT
A. Trailers used during construction
SECTION 13.1 PURPOSE
This district is intended to encompass uses which are industrial or industrially related, but whose intensity of operation is not unduly abrasive to adjacent or nearby activities. Industrial activities within this zone are primarily oriented to manufacturing, assembling or repairs of small components, storage, food processing and other related businesses whose normal structure and operation can be considered aesthetically and environmentally acceptable.
SECTION 13.2 PERMITTED USES
Land and/or buildings in this district may be used for the purposes listed below or similar uses as approved by the Planning Commission:
A. Tire shops, including recapping
B. The manufacturing, processing, compounding, packaging, treating and assembly from treated or prepared materials in the production of:
1. Food products of all types fit for human consumption
2. Textile products, including wearing apparel, floor covering, yarns and similar products
3. Jewelry, including watches, silverware, toys, musical instruments, games, athletic equipment
4. Paper paperboard containers
C. Printing and publishing
D. Production and assembly of prefabricated building materials, such as cabinets, countertops
E. Assembly of structural metal products, including mobile homes, campers, trailers and similar non-motorized recreational units
F. Manufacture and assembly of technical instruments for engineering, optical, photographic, medical and similar uses
G. Beverage bottling plants
H. Billboard manufacturing
I. Small boat construction
J. Contractor's storage yards
K. Wholesale establishments used for storage and sale of non-hazardous materials
L. Warehouses, truck terminals
M. Fuel yards
N. Ice manufacturing - cold storage
O. Machine shops
P. Monument, stone works
Q. Truck and tractor repair
R. Lumber storage and sales
S. Accessory buildings and uses
T. Temporary buildings and trailers used during construction
U. Commercial cleaning plant
V. Saw and/or planing mill
SECTION 13.3 USES ALLOWED BY SPECIAL PERMIT (effective March 24, 2011)
A. Medical Marijuana Caregiver Operations
SECTION 14.1 PURPOSE
Activities dependent upon natural resources can often operate more efficiently in close proximity to raw material supply sources. The extracting and processing of these raw materials may produce excessive pollutants and hence, these types of activities are ideally separated from other land uses in the area. Consequently, this district is established to allow extractive/ heavy industries to function without hindrance from less intensive uses and at the same time protect surrounding areas from the negative effects of extractive operations.
SECTION 14.2 PERMITTED USES
Land and/or buildings in this district may be used for the purposes listed below or similar uses as approved by the Planning Commission:
A. Concrete batch plants
B. Sand, gravel and limestone extraction and processing
C. Cement or clay products manufacturing
D. Lumber and planing mills
E. Glass products manufacturing
F. Petroleum refining and the manufacturing of petroleum products used in construction, such as paving materials, roofing materials and similar adhesives
G. Accessory uses and structures
H. Temporary buildings and trailers used during construction
SECTION 15.1 PURPOSE
Within Presque Isle Township there are areas where natural conditions of soil, slopes, topography, susceptibility to flooding or erosion, geology, vegetation, high water table, wetlands, scenic or other aesthetic values, make them environmentally sensitive and, therefore, should be protected from development. The needs of the township's residents, as well as the general welfare of the community, would better be served through preservation of the natural resources, flora/fauna, and/or water quality in these areas. This district will protect areas that, if substantially altered, would cause health or pollutional problems and/or environmental deterioration.
SECTION 15.2 PERMITTED USES
Land in this district shall be limited to the following uses:
A. Boat docks, piers and other similar water-oriented recreational devices, not to include boat houses
B. Boat launching facilities
C. Hunting Camps
D. Nature study areas
E. Sinkholes (with non-motorized access for observation)
(Motor vehicles shall be limited in use in this district to the designated areas, parking, and access thereto.)
SECTION 15.3 USES ALLOWED BY SPECIAL PERMIT
A. Accessory uses and structures
B. Adult Foster Care Family Homes
C. Bed and breakfast facilities, subject to the limitations of SECTION 4.27
D. Family Child Day Care Homes
E. Foster Family Homes
F. Foster Family Group Homes
G. Game Farms
H. Group Child Day Care Homes, subject to the provisions in SECTION 20.20
I. Home Occupations, subject to the limitations of SECTION 4.26
J. Hunting Clubs
K. Single-family dwelling units
SECTION 15.4 PERMITTED USES IN NON-WATERFRONT AREAS
The following uses may be permitted only in non-waterfront EC districts:
A. Biking, hiking and riding trails (motorized in designated areas only)
SECTION 16.1 PURPOSE
The establishment of a Forest/Recreation District allows those residents who desire to engage in forestry or farming operations and recreational pursuits which compliment forestry use the opportunity to do so. The Forest/Recreation District is in conformity with the rural nature of the Township.
SECTION 16.2 PERMITTED USES
Land and/or buildings within the district may be used for the following purposes only:
A. Adult Foster Care Family Homes
B. Crop and tree production
C. Family Child Day Care Homes
D. Foster Family Homes
E. Foster Family Group Homes
F. Livestock normally associated with farming activities
G. Roadside stands (limited to one (1) per one hundred (100) feet of roadway)
H. Selective harvesting of forest products (Clear cutting will not be permitted)
I. Single-family dwellings
J. Two-family dwellings-duplex
SECTION 16.3 USES ALLOWED BY SPECIAL PERMIT
The following uses may be allowed only after special approval is obtained:
A. Accessory buildings and uses (including barns, feeding pens, stables, storage garages, and barns without a principal building or use) (Revised date: June 14, 2012)
B. Airport, aircraft landing fields
C. Bed and breakfast facilities subject to the limitations of SECTION 4.27
D. Buildings and structures used during construction
E. Dog kennels, animal hospitals
F. Golf courses
G. Group Child Day Care Homes subject to the provisions in SECTION 20.20
H. Home occupations subject to the limitations of SECTION 4.26
I. Hunting Camps
J. Hunting Clubs
K. Mobile home parks
L. Nurseries for plants and flowers
M. Parks, outdoor recreation facilities
N. Private clubs and lodges
O. Radio, television towers
P. Riding stables
SECTION 17.1 PURPOSE
The site plan review procedures and standards in this section are intended to provide a consistent and uniform method of review for proposed development plans and application requests within Presque Isle Township. Through the application of the following provisions, the Township will attain the goals and objectives of the Presque Isle Township Comprehensive Plan, the Township will develop in a planned and orderly fashion, and the decisions on these applications will protect the health, safety, and welfare of Township citizens. It is the responsibility of the Presque Isle Township Planning Commission to provide procedures to insure that the Township will develop in accordance with the general intent of this Ordinance.
SECTION 17.2 CIRCUMSTANCES REQUIRING A SITE PLAN
A. Site plans are required for the following types of applications:
1. Any new use or expansion of an existing permitted principal use in the Commercial (C-1, C-2, C-M) or Industrial (I-1, I-2) zoning districts.
2. Any new special land use or physical expansion of an existing special land use in any zoning district.
3. Any non-residential permitted principal use in the Single Family Residential (R-1), Residential Rural Estate (R-2), Two-Family and Multiple-Family Residential (R-3), Forest Recreation (FR) and Environmental Conservation (EC) zoning districts, with the exceptions of forest preserves and conservation areas in these zoning districts.
4. Certain permitted uses in residential districts R-1, R-2 and R-M as follows: parks, multiple-family housing containing more than two (2) living units per structure, nurseries for children, foster care homes with more than six (6) residents, and convalescent or nursing homes.
5. Planned Unit Development in any zoning district.
6. Condominium subdivisions in any zoning district.
7. Open Space Preservation developments in any zoning district.
8. Variances from provisions of this Ordinance submitted to the Zoning Board of Appeals, unless otherwise provided for in this Ordinance.
B. Scaled Ground Plans / Drawings are required for the following types of applications:
1. Any new construction, expansion, remodeling, or change of use of a single-family or two-family dwelling in a residential zoning district (R-1, R-2) where such a use is permitted.
2. Variance requests involving single or two family dwellings on individual parcels in a residential zoning district (R-1, R-2).
3. The following activities shall be exempt from the requirement to submit a ground plan / drawing:
a. The remodeling of the interior of a structure when the exterior is not altered.
b. The remodeling of the exterior of the structure as follows: new roof, new windows, painting, replacement siding or gutters, or the addition or replacement of landscape elements.
SECTION 17.3 SITE PLAN DATA REQUIREMENTS (Contents of the Site Plan)
A. An Application for Site Plan Review shall be submitted to the Zoning Administrator and shall consist of the following:
1. Application form, signed by the applicant and the property owner, if a different entity or individual, and containing the following information:
a. Name, address, telephone number, and fax number (if available) of the property owner, applicant, and individual or company responsible for the preparation of the plan.
b. Relationship between owner and applicant if not the same.
c. Location, street address, parcel identification number of the property, and present zoning district.
d. Description of the project or use change.
e. Signatures of the property owner and applicant.
2. Application fee, as determined by the fee schedule adopted by resolution of the Township Board.
3. Proof of ownership of the subject property (or evidence of contract to acquire land) by the individual or entity signing the application form.
4. A scaled ground plan/drawing or site plan as required in Section 17.2.B and containing the information required below.
B. Scaled Ground Plan / Drawing.
In the case of proposals subject to submittal of a Scaled Ground Plan / Drawing, a simple but accurate ground plan or drawing shall be submitted at a scale appropriate to the dimensions of the project (no less than one inch equals one hundred feet (1"=100') if site is larger than 3 acres, no less than one inch equals fifty feet (1"=50') if site is 3 acres or less), containing the following, where appropriate:
1. A site plan or land use application form.
2. The boundary lines of the parcel including dimensions and lot size, a north arrow, and a scale.
3. The location and size of all structures presently on the parcel and those proposed to be built. Dimensions of structures and distances to property lines and structures are to be shown.
4. General location and information regarding significant natural features existing on the site.
5. Proposed method of providing water and sanitary sewer service to the site and locations of connections to public systems or locations of on-site systems, as applicable.
6. Adjoining and/or proposed street(s) and driveway(s).
7. Existing and proposed topography of the site expressed in contours with an interval of no greater than five (5) feet.
8. Any other information (for example, front and side elevations) unique to the site or development proposal necessary to understand the project and establish compliance with this and any other ordinances.
9. The signature and seal, if applicable, of the person who prepared the scale drawing.
C. Site Plans.
For all other application requests requiring a full site plan, a more complete and detailed site plan with supporting materials is required. Two levels of site plan are provided. Some applications will require only a standard level of review, in which case they will only need to submit a Standard Site Plan. Other applications require a more extensive level of review due to the large-scale size and/or scope of the project and therefore require a Comprehensive Site Plan.
1. Standard Site Plan.
For those projects of limited scope, size (less than 2 acres of total soil disturbance area), or environmental impact, a Standard Site Plan is required. Soil disturbance is defined as the physical movement of surface soil particles by digging, hand-grubbing, and/or the operation of trucks and other construction equipment used for excavation, filling, scraping, hauling and staging of equipment and materials. This site plan may be based on a level of detail sufficient to indicate the purpose and scope of the development and its general design, layout, structure(s) size and environmental impacts. For a Standard Site Plan, the following shall be required:
a. An application form.
b. A small scale vicinity map showing properties, streets, and uses of land within ¼ mile of the site (1/2 mile in the AG district) or twice the greatest dimension of the subject property, whichever is greater.
c. A site plan at a scale of not less than one inch equals one hundred feet (1"=100') for sites larger than 3 acres or not less than one inch equals fifty feet (1"=50') or less for sites 3 acres or smaller showing the following:
i. Name of the proposed development, property dimensions, property size, north arrow, and scale.
ii. Significant natural features and other natural characteristics, including but not limited to open space, stands of trees, brooks, ponds, floodplains, wetlands and similar natural assets. Also, areas to be preserved and areas to be cleared should be noted on the plan.
iii. Arrows or other graphic icons indicating the general topographic conditions and drainage patterns of the site.
iv. Existing adjacent streets and driveways and proposed streets and driveways.
v. Existing public rights-of-way, street pavements, and public or private easements on the property or within 100 feet. Dimensions should be provided as well as the total area of right of way included within the subject parcel.
vi. Existing and proposed water and sewer service (municipal or private), storm drainage, electric, gas, and other utilities either on or adjacent to the site.
vii. Existing and proposed uses, buildings and structures, parking areas, and access driveways. Dimensions shall be provided for all structures as well as the distance from property lines. Any structures to be removed or relocated should be noted.
viii. Zoning classification of abutting properties.
ix. Name, signature, professional seal (if applicable), address, and phone and fax numbers of the person and firm responsible for the plan and the date on which it was prepared.
d. A narrative describing the following:
i. How the application request will address the goals and objectives of the Township Comprehensive Plan.
ii. The overall objectives of the requested application.
iii. Area allocated to each proposed use and the gross area in building, structures, parking, public and/or private streets and drives, and open space.
iv. Dwelling unit densities by type, if applicable.
v. Proposed method of providing sewer and water service, as well as other public and private utilities.
vi. Proposed method of providing storm drainage.
vii. Estimated effect on existing traffic capacity of streets leading to the site.
viii. What impact the application request will have on adjacent properties
ix. How the application request will impact natural features on or around the subject property.
2. Comprehensive Site Plan.
For those applications having a total soil disturbance area greater than 2 acres, a Comprehensive Site Plan is required. Soil disturbance is defined as the physical movement of surface soil particles by digging, hand-grubbing, and/or the operation of trucks and other construction equipment used for excavation, filling, scraping, hauling and staging of equipment and materials.
The Comprehensive Site Plan shall include the following information:
a. An application form.
b. Legal description of the property.
c. Small scale vicinity map of the properties, streets, and uses of land within ¼ mile of the site or twice the greatest dimension of the subject property, whichever is greater.
d. A site plan at a scale of not less than one inch equals one hundred feet (1"=100') for sites larger than 3 acres or not less than one inch equals fifty feet (1"=50') or less for sites 3 acres or smaller showing the following:
i. Boundary lines of the area included in the site plan, including angles, dimensions and reference to a section corner, quarter corner, or point on a recorded plat; scale; north arrow; proposed project name; and the individual lot areas, with lot lines, bearings, and dimensions, within the development.
ii. Existing and proposed topography of the site expressed in contours with an interval of no greater than 5 feet.
iii. All natural features such as woodlots, trees of more than 2 foot in diameter, streams, lakes, ponds, State-regulated wetlands, critical dune areas, and floodplains. The total area of any submerged areas or wetlands within the lot should be provided. Also, areas to be preserved and areas to be cleared should be noted.
iv. Existing man-made structures such as buildings, roads, drives, and paths, with indication as to which features are to be retained and which are to be altered or removed, dimensions of all structures, existing and proposed uses, and distances from structures to adjacent property lines.
v. Existing and proposed streets (showing widths, grades, curb cuts, loading spaces, surface materials, the presence of curbs and/or gutters, and the inside radius of all curves), rights-of-way, sidewalks, and public or private easements. Dimensions should be provided including the area of any right of way included in the lot.
vi. Location, screening, dimensions, and heights of proposed buildings and structures, including but not limited to trash receptacles, utility pads, accessory buildings, and rooftop or outdoor appurtenances, and proposed methods of screening such equipment, including fences, walls, and landscaping.
vii. Location, screening, dimensions, and heights of proposed buffer between project property and adjacent property. (10' buffer should be expanded to 20' whenever property line is adjacent to a residential property, (R-1, R-2, etc.)
viii. Location and dimensions of parking areas, including computations of parking requirements and typical parking space dimensions, including handicapped spaces and aisle widths. Surface materials, curb location and design, and any parking blocks should also be identified.
ix. Location and dimensions of all access drives, including driveway dimensions, pavement markings, traffic control signs or devices, and service drives. Existing driveways on the subject property and adjacent properties shall also be indicated.
x. Existing and proposed water and sewer service (municipal or private), storm drainage, electric, gas, and other utilities either on or adjacent to the site, including locations of manholes, valves, cleanouts, hydrants, and sizing and slopes of pipes. If connecting to public water and sewer systems, location of proposed connections should be shown. If proposing to provide on-site water and/or sanitary service, location of well and/or septic facilities should be shown. Adjacent wells and/or septic facilities within 100 feet of the property should be shown.
xi. Proposed site drainage patterns, including necessary drainage structures and, where applicable, the location and elevation(s) of the 100 year floodplain.
xii. A drainage plan prepared and sealed by a licensed professional engineer, identifying measures to be used for control and disposal of storm water runoff from the site. The drainage plan shall identify sizes and dimensions of all drainage structures, and the method, assumptions, and calculations used in the design of drainage facilities and control of runoff.
xiii. Proposed common open spaces and recreation facilities, if applicable. The total area of open space shall be provided with a ratio of open space area to total lot area.
xiv. Proposed landscaping, including quantity, size at planting (height or spread), species of plant materials (both scientific and common name), ground cover, and location, etc.
xv. Signs, including locations, size, heights, method of illumination, and elevations.
xvi. Exterior lighting showing pole height, area of illumination, and the type of fixture to be used.
xvii. Elevation sketches of proposed buildings and structures to be built or expanded on site, if applicable.
xviii. Name, signature, professional seal (if applicable), address, and phone and fax number of person or firm responsible for the preparation of the plan, and date on which the site plan was prepared and/or revised.
xix. A Site Features Inventory. This inventory shall consist of maps and written analysis which shall identify, describe, and quantify the following features, at a minimum: existing vegetation, topography at two (2) foot contour intervals, water courses, drainage patterns, wildlife habitats, roads and road rights-of-way, easements, soils (based on U.S. Soil Conservation Survey or soil borings) MDEQ-regulated and non-regulated wetlands, floodplains, woodlands and tree lines, rare and endangered habitats, and any additional features uniquely affecting the site.
e. Outside Agency Approvals. Prior to approval of a Comprehensive Site Plan, the applicant shall submit documentation indicating that the proposed Comprehensive Site plan has been reviewed and approved by any and all required outside agencies, as applicable, and that the plan has been amended as necessary to satisfy any conditions of said approval. Outside agencies for approval may include but are not limited to the following:
i. Presque Isle County Drain Commissioner
ii. Presque Isle County Road Commission
iii. District Health Department for Presque Isle County
iv. Michigan Department of Environmental Quality
v. Federal Emergency Management Agency
f. A narrative responding to the following:
i. How the application request will conform to the goals and objectives of the Township Comprehensive Plan.
ii. The overall objectives of the requested application.
iii. Area allocated to each proposed use and the gross area in building, structures, parking, public and/or private streets and drives, and open space.
iv. Dwelling unit densities by type, if applicable
v. Proposed method of providing sewer and water service, as well as other public and private utilities.
vi. Proposed method of providing storm drainage.
vii. Estimated effect on existing traffic capacity of streets leading to the site.
viii. What impact the application request will have on adjacent properties.
ix. What services provided by the Township or other public agencies are required to serve the application request.
x. How the application request will impact natural features on or around the subject property
xi. If the development is being completed in phases, how this site plan is incorporated into the overall development.
g. The Zoning Administrator may waive any of the required site plan requirements which are not applicable to the site under consideration or the application request.
SECTION 17.4 REVIEW PROCEDURE
A. Applications for Site Plan Review shall be reviewed and approved by the Township Planning Commission as indicated in Sections 17.3.C.1 and 17.3.C.2. In addition, the following shall apply:
1. Scaled Ground Plans / Drawings, shall be reviewed and approved by the Zoning Administrator.
2. Site plans, submitted for permitted principal uses in the Commercial (C-1, C-2, C-M) or Industrial (I-1, I-2) districts and creating a total soil disturbance area less than 2 acres (Section 17.3.C.1.) shall require Planning Commission approval of a Standard Site Plan.
3. Site plans, submitted for special land uses involving a total soil surface disturbance area less than 2 acres (Section 17.3.C.1.) shall require Planning Commission approval of a Standard Site Plan.
4. Site plans, submitted for special land uses involving a total soil surface disturbance area greater than 2 acres (Section 17.3.C.2.) shall require Planning Commission approval of a Comprehensive Site Plan.
5. Site plans, submitted for a PUD, site condominium, open space preservation development, or other complex, multi-parcel development, shall require Planning Commission approval of a Comprehensive Site Plan.
6. In any instance, the Zoning Administrator may refer an application for his/her approval to the Planning Commission for approval.
7. Specific procedures for development reviews or applications may exist elsewhere in this Ordinance (i.e. variances, PUD, etc.) with requirements particular to those applications or activities. Where differences exist, the standards for the specific application shall apply.
B. The following number of site plan applications and required attached materials must be submitted:
1. Applications subject to Zoning Administrator review and approval shall submit three (3) complete copies of all application materials.
2. Applications subject to Planning Commission approval shall submit eight (8) complete copies of all application materials with each application.
3. Applications subject to approval by the Zoning Board of Appeals shall submit eight (8) complete copies of all application materials.
C. In the case of applications subject to review and approval by the Zoning Administrator, within 30 days after receipt of the application, the Zoning Administrator shall notify the applicant in writing of the approval or disapproval of the application.
1. If the scaled ground plan / drawing is approved, the Zoning Administrator may issue a zoning permit immediately.
2. If the scaled ground plan/drawing is denied, the reasons of denial shall be cited.
D. In the case of site plans subject to review and approval by the Planning Commission, the Zoning Administrator shall conduct a preliminary review of the plan as soon as practicable after its submission to determine if it is in proper form and the content is in conformity with this Article. If the Zoning Administrator determines that the form and content of the plan are not in conformity with the application requirements contained herein, he/she shall promptly notify the applicant of the deficiencies. If the application is in proper form and contains the information required by this Article, the Zoning Administrator may schedule the application for review by the Planning Commission.
E. If the proposed development requires a special land use permit or involves a Planned Unit Development or Open Space Development, the Zoning Administrator shall follow procedures as provided in Article 18. This includes furnishing the applicant with the forms required and forwarding the completed papers, together with his/her findings as described in Paragraph D above, to the Planning Commission for their review.
F. If the proposed development requires a variance, the Zoning Administrator shall follow procedures as provided in Article 27.10, including furnishing the applicant with the form required and forwarding the completed papers, together with his/her findings as described in Paragraph D above, to the Zoning Board of Appeals. The Zoning Administrator will call a special meeting for that board's consideration of the variance request.
G. A complete application must be submitted at least 14 days prior to the next scheduled meeting in order to be placed on the next agenda. If a complete application is not submitted within that time period, it will not be guaranteed placement on the next agenda.
H. Pre-Application Conference. Prior to the submission of an application for site plan review, the applicant may meet with the Planning Commission for the purpose of preliminary discussion and review regarding the concept, appropriateness, general content and design approach of a proposed application. An applicant desiring a pre-application conference must submit to the Zoning Administrator a written request that the conference be placed on the Planning Commission's agenda. The request must be submitted at least 14 days prior to the Planning Commission meeting at which the conference is to take place.
1. The applicant shall present at such conference or conferences, at minimum, a sketch plan of the proposed development, plus a legal description of the property; the total number of acres in the project; a statement regarding the proposed uses, the number of acres for each use, and the number of residential units proposed (as applicable); the number of acres of open space to be preserved or put to active use (such as recreation space); all known natural resources or features to exist on the site as well as those being preserved; and the existing conditions on the site. If multiple meetings are desired, a fee, established by the Township Board, shall be charged for each meeting after the first.
2. No formal action shall be taken at a pre-application conference. Statements made by any person during the course of a pre-application conference shall not be deemed to constitute legally binding commitments.
I. For applications requiring approval of a Comprehensive Site Plan (i.e. PUDs, Open Space Preservation Development, site condominiums, etc., the Planning Commission shall review the site plan and approve, approve with conditions, or deny the plan, based on its compliance with the criteria for approval contained in this Article. If a public hearing is required, the Planning Commission shall host the Public hearing before making a recommendation.
1. If denied, the Planning Commission shall cite reasons for the denial.
2. If approved or approved with conditions, the Planning Commission shall cite reasons for the approval. If conditions are imposed, the applicant may then proceed with preparation of a revised site plan, taking into consideration the imposed conditions.
SECTION 17.5 CRITERIA FOR GRANTING SITE PLAN APPROVAL
In the review of all site plans, the Zoning Administrator and the Planning Commission shall approve a site plan only if it conforms to each of the following standards:
A. The application request satisfies the goals and objectives of the Presque Isle Township Comprehensive Plan.
B. The application request conforms to all provisions of the Zoning Ordinance.
C. The information submitted is accurate and factual.
D. The application request is harmonious with existing uses in the immediate area and the community.
E. The necessary infrastructure improvements, such as roads, driveways, drainage, non-motorized pathways, utilities, and parking and loading spaces, required to serve the site and any proposed uses are provided and are adequately coordinated with the current and future use of adjacent properties to ensure safe and convenient movement of vehicular and pedestrian traffic into, out of, within, through, and/or around the proposed development site. The application request conforms to the requirements of the Presque Isle County Road Commission, Township private road standards, and emergency service providers, as applicable.
F. The applicable requirements of Township, County, and State agencies are met regarding grading and surface drainage and for the design and construction of storm sewers, storm water holding facilities, water mains, sanitary sewers, and on-site systems for providing water or sanitary sewer service. The application request shall comply with the standards and conditions of the Presque Isle County Drain Commissioner, The District Health Department and the Michigan Department of Environmental Quality.
G. The proposed development preserves the natural topography to the maximum extent possible by minimizing the amount of cutting, filling, and grading required and reducing the potential for soil erosion or sedimentation.
H. Natural resources are preserved to the maximum extent possible in the site design by developing in a manner that will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, floodplains, and woodlands. Where applicable, the application request satisfies the standards and conditions of the Michigan Department of Environmental Quality and the Federal Emergency Management Agency.
I. Landscaping, including trees, shrubs and other vegetative material, is provided to maintain, improve, and/or restore the aesthetic quality of the site.
J. Uses, activities, processes, materials and equipment, or conditions of operation that would be hazardous or detrimental to the natural environment, adjacent properties, or the public health, safety, or welfare through excessive production of traffic, noise, smoke, odor, fumes, glare, or other public nuisance are not included in the proposed development.
K. An adequate level of essential public facilities and services such as, but not limited to, roads, police and fire protection, drainage structures, municipal water and sewer (where appropriate), and schools, are available to serve the proposed development, or the applicant demonstrates that the proposed development will continually and adequately be provided with such essential public facilities and services without detriment to the health, safety, and welfare of the persons at the subject property or adjacent properties.
SECTION 17.6 CONDITIONS OF APPROVAL.
A. As part of an approval to any site plan, the Planning Commission may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public health, safety, and welfare. Such conditions shall be related to and ensure that the criteria for approval of a site plan contained in this Article are met.
B. Approval of a site plan, including conditions made as part of the approval, is attached to the property described in the application and not to the owner of such property.
C. A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved by the Planning.
D. A record of the decision of the Planning Commission, the reason for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the Planning Commission.
E. The Zoning Administrator or another appropriately appointed designee of the Township may make periodic investigations of developments for which site plans have been approved. These investigations or inspections shall be used to confirm compliance with site plan approval and any conditions thereof prior to occupancy of the structure. Non-compliance with the requirements and conditions of the approved site plan shall constitute grounds for the Township Board to terminate said approval following a public hearing.
SECTION 17.7 PERFORMANCE GUARANTEES.
The Planning Commission may require that a performance guarantee, in the form of a cash deposit, certified check, or irrevocable bank letter of credit be furnished by the applicant to ensure the completion of certain improvements associated with development authorized in an approved Comprehensive Site Plan. The improvements for which such a guarantee may be required shall be limited to those features associated with the development project which are considered necessary to protect the natural resources or the health, safety, and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area, including, but not limited to, roadways, utilities, sidewalks, landscaping, revegetation, screening, and drainage. The term "improvements" does not include the entire project which is the subject of the site plan approval, nor improvements for which a performance guarantee has been deposited pursuant to the State Subdivision Control Act (P.A. 288 of 1967, as amended). Performance guarantees shall be processed in the following manner:
A. The performance guarantee shall be deposited with the Township Clerk at the time of issuance of a building permit for the construction included in the approved site plan. The amount of the performance guarantee shall be equal to one hundred percent (100%) of the estimated cost of the required improvements covered by the guarantee, and shall be based upon an itemized cost estimate submitted by the applicant, and reviewed and approved by the Zoning Administrator as to its accuracy.
B. The Zoning Administrator, upon the written request of the applicant, shall authorize the Township Clerk to rebate portions of the performance guarantee upon a determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.
C. When all of the required improvements have been completed, the applicant shall send written notice to the Zoning Administrator of completion of said improvements. Thereupon, the Zoning Administrator shall inspect all of the improvements and shall authorize approval, partial approval, or rejection of the improvements, with a statement of the reasons for any rejections. If partial approval is indicated, the cost of the improvement rejected shall be set forth.
D. The Zoning Administrator shall notify the applicant in writing of the approval, partial approval, or rejection of the improvements within 30 days after receipt of the notice from the applicant of the completion of the improvements. Where partial approval is granted, the applicant shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.
E. A record of performance guarantees and the status of the improvements guaranteed thereunder shall be maintained by the Zoning Administrator.
SECTION 17.8 AMENDMENTS TO APPROVED SITE PLANS OR SCALED GROUND PLANS/DRAWINGS.
A. Any person who has been granted site plan approval shall notify the Zoning Administrator if he/she would like to make an amendment to such an approved plan. If the amendment is a major amendment, the filing and review procedures will be the same as the original approval. A minor amendment may be approved by the Zoning Administrator.
B. Similarly, major changes to an approved site plan must go back through the original site plan review and approval procedures. However, minor changes to an approved Standard Site Plan need only be reviewed by the Zoning Administrator to confirm that the changes are "minor".
C. Minor amendments to a site plan or minor changes to a preliminary site plan shall be limited to the following activities:
1. For residential buildings, the size of structures may be reduced by five percent (5%) or increased by five percent (5%), provided that there shall be no increase in the number of dwelling units.
2. Gross floor area of non-residential buildings may be reduced by five percent (5%) or increased by five percent (5%), or no greater than 5,000 square feet, whichever is less.
3. Floor plans may be revised, if consistent with the character of the use, excluding multifamily dwellings.
4. Horizontal and vertical elevations may be altered up to five percent (5%).
5. Building footprints may be relocated by up to five (5) feet, unless a specific setback or separation distance is imposed as a condition of approval. However, no building shall be relocated into a required yard area.
6. Areas designated as "not to be disturbed" may be increased in area.
7. Plant materials included on the site plan may be substituted by similar types of landscaping on a one to one (1:1) or greater basis.
8. Changes in exterior materials may be made, provided that any changes are for materials of equal or higher quality than those originally approved, as determined by the Zoning Administrator.
9. Signs may be reduced in size, and sign setbacks may be increased.
10. Parking spaces in a parking lot may be internally rearranged, if the total number of parking spaces provided is not changed and circulation hazards or congestion are not created by the redesign.
SECTION 17.9 APPEALS OF SITE PLANS.
A. Any person aggrieved by the decision of the Planning Commission in approving or disapproving a site plan shall have the right to appeal the decision to the Township Zoning Board of Appeals. The aggrieved party must allege and prove to the satisfaction of the Zoning Board of Appeals that the applicant has suffered some special damages not common to other property owners similarly situated. The mere increase in traffic in the area, proof of general economic and aesthetic losses, or the mere fact that the appellant owns adjacent property are not sufficient to show special damages. The appeal shall state the aggrieved parties' grounds for appeal and shall be filed with the Zoning Administrator within 30 days of the published decision of the Planning Commission.
B. The filing of such an appeal shall act to stay implementation of the development proposal.
C. On hearing such appeal, the Township Zoning Board of Appeals shall review and determine whether it supports the original decision. The appellant shall not have the right to present new evidence, but shall be bound by the record before the Planning Commission. The Township Zoning Board of Appeals shall approve the site plan if the requirements of this chapter and other applicable Township ordinances are met.
An appeal of a Township Zoning Board of Appeals decision concerning a site plan shall be to the Circuit Court of Presque Isle, County.
SECTION 17.10 REVOCATION
A. If the Planning Commission shall find that the conditions and stipulations of an approved site plan are not being adhered to, the Planning Commission shall give notice to the applicant of its intent to revoke the prior approval given to the Site Plan.
B. Intent to revoke shall be made known to the applicant by a registered letter sent to the applicant and signed by the chairman of the Planning Commission. Said letter shall be received by the applicant ten (10) days prior to the stated date of revocation and shall contain the reasons for revoking the site plan approval.
C. If the applicant notifies the Planning Commission within ten (10) days of receipt of the above letter of his or her intent to rectify the violation, the Planning Commission, through official action, may defer the revocation.
SECTION 17.11 FEES
Accompanying the request for approval of a site plan, a fee, to be determined by the Presque Isle Township Board, shall be submitted. Said fee is for the purpose of defraying administrative costs in processing the request for approval. Such fee may be used for reimbursing another party retained by Presque Isle Township for expert consultation relative to the application.
SITE PLAN REVIEW AND APPROVAL FOR
SITE CONDOMINIUM DEVELOPMENTS
(Effective Date: March 22, 2008)
SECTION 18.1 INTENT
The site plan review procedures and standards in this section are intended specifically for site condominium developments, a form of land development enabled by the State Condominium Act (P.A. 59 of 1978, as amended). These standards provide for this tool to be used in Presque Isle Township and for site condominium applications to be reviewed in a consistent and uniform manner while resulting in a high quality of development consistent with the goals and objectives of the Township Master Plan.
SECTION 18.2 GENERAL PROVISIONS
A. The site plan for any site condominium consisting of detached single-family homes or two-family dwellings or any other permitted dwelling unit (hereinafter referred to as "site condominiums") shall be subject to review and approval by the Planning Commission and Township Board prior to initiating construction and prior to the recording of a master deed. This section shall also be applicable to an amendment to an existing condominium master deed, including an amendment which creates additional condominium units by addition of land to an expandable condominium or conversion of convertible area to additional condominium units, or which alters the horizontal dimensions of a condominium unit.
B. Each condominium unit shall contain appurtenant limited common element for the exclusive use of the condominium unit owner which complies with the applicable provisions of this Ordinance concerning minimum lot area, minimum lot frontage, and required front, side, and rear yards. For purposes of determining compliance with these provisions, the condominium unit and its appurtenant limited common element shall be considered the equivalent of a lot.
C. All public and private utility system distribution lines shall be placed underground.
D. Public easements shall be dedicated as necessary to Presque Isle Township, Presque Isle County, or other appropriate governmental entities to provide public utility services to the development for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipes, mains, conduits, and other installations of a similar character necessary for the purpose of providing public utility services. Easements for public utilities shall have a minimum width of 20 feet, provided that a consultant for the Township and/or the Planning Commission may amend this requirement if necessary or applicable.
SECTION 18.3 DESIGN AND LAYOUT STANDARDS
Site Condominium projects shall comply with the design layout and improvement standards listed below and all applicable provisions of this Ordinance (including all setback, height, lot coverage, yard, and area restrictions).
A. Zoning Standards. A site condominium development, whether intended for residential, commercial, or industrial use shall be subject to all of the requirements and standards of the applicable Zoning District in which the development is located, including permitted and special permit uses, minimum lot size, and setbacks.
B. Roads. All roads within site condominium developments shall satisfy the standards of the Presque Isle County Road Commission and this Zoning Ordinance.
1. Should a proposed condominium development border on or contain an existing or proposed major thoroughfare, the Planning Commission may require marginal access streets, reverse frontage or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.
2. Should a proposed condominium development border on or contain a railroad, expressway or other limited access highway right-of-way, the Planning Commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land such as for parks in residential districts. Such distances shall be, determined with due consideration to the minimum distance required for approach grades to future grade separation.
3. All streets in the site condominium development shall be dedicated to the public unless otherwise permitted in this Ordinance. In the event that some streets are not dedicated, those streets shall be properly maintained by a Homeowner's or Property Owner's Association and not the Township. The road surface shall be kept in good repair. Accumulations of snow and ice shall be promptly removed. The master deed shall contain adequate mechanisms to insure that streets will be properly maintained. (See the "Private Street" discussion in SECTION 23.7 for additional details.)
C. Easements. The following requirements apply to easements located within site condominiums.
1. Utility easements shall be provided as necessary to provide utility service to the condominium unit. Such easements shall be not less than 12 feet wide and located where necessary to efficiently serve the unit.
2. Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the proposed condominium development plan to all appropriate public utility agencies.
3. Drainage easements shall be provided, which conform substantially to the lines of any natural watercourse, drainage ditch, channel, or stream. Such easements shall be of adequate width for the particular conditions of the site.
4. Condominium Units. Condominium units within site condominium developments shall conform to the following standards.
a. The condominium unit size, width, depth, and shape in any site con-dominium shall meet the approval of the Planning Commission and shall be appropriate for the location and type of development contemplated. Condominium units shall be of such size as to permit a variety of housing types, to provide side yards for desirable access, light, air, privacy, and safety from fire hazards, and to provide for setbacks from the street line and allow sufficient space for household purposes.
b. Condominium unit areas and widths as well as building setback lines shall conform to at least the minimum requirements of the Presque Isle Township Zoning Ordinance for the District in which the site condominium is proposed.
c. Condominium units situated on corner lots in residential con-dominium subdivisions shall have sufficient width to satisfy the front yard setback standards along both street frontages.
d. Excessive condominium unit depth in relation to width shall be avoided. A depth-to-width ratio of three to one shall be considered a maximum.
e. Condominium units intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking, setback, and other requirements in accordance with the Presque Isle Township Zoning Ordinance.
f. Every condominium unit shall front or abut on a street for the full width of the unit. (No "flag units" shall be created.) The measurement of unit width shall be determined in the same manner as lot width, as defined in Article 3 of the Presque Isle Township Zoning Ordinance, "Definitions".
g. Side condominium unit lines shall be at right angles or radial to the street lines.
h. Residential condominium units abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be situated with reverse frontage condominium units or with side condominium unit lines parallel to the major traffic streets.
i. Condominium units shall have a front-to-front relationship across all streets where possible.
j. Where condominium units border upon bodies of water, the front yard shall be designated as the water front side of such condominium unit and the building envelope shall provide sufficient depth.
5. Natural Resources. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, water courses, and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor, and the provision of adequate barriers, where appropriate, shall be required. If wetlands are suspected to be located on the site, a wetland determination shall be required.
Greenbelt areas satisfying the requirements of SECTION 4.31 of the Zoning Ordinance shall be provided in all areas within 30 feet of the shoreline of a lake or river. The greenbelt shall be shown on the preliminary and final condominium plans in addition to any additional plantings necessary to satisfy the requirements.
6. Utilities and Improvements. Utilities and improvements installed or proposed in site condominium developments shall conform to the following standards.
a. Storm Drainage. An adequate storm drainage system, including necessary storm drains, catch basins, manholes, culverts, bridges and other appurtenances, as approved by the Township or their consultant, shall be required in all developments. Adequate provision shall be made for proper drainage of storm water from the rear yards of condominium units. Drainage of each yard shall be self-contained and shall be drained from rear to front except where topography or other natural features require otherwise. The Planning Commission may require that all storm drains be installed within the public rights-of-way or within the general common elements and dedicated to the County when, in the opinion of the Planning Commission, dedication of the same would be in the best interest of the Township.
b. Sewage Disposal. Each unit in the site condominium shall be provided with adequate sanitary sewage disposal capabilities. These systems must be approved by the Presque Isle County Public Health Department prior to Final Development Plan approval. Any community-wide or shared systems and appurtenances should be located in general common elements or easements where possible. If private community or shared sanitary systems are utilized, provisions shall be included in the condominium documents for the maintenance and replacement of the system. This shall be a responsibility of the association using the system and not a burden on the Township.
c. Water Supply. Each unit in the development shall be provided with a well for water consumption. This may include private wells or a shared community well system within the development (general Common element). All wells must be approved by the Presque Isle County Public Health Department prior to Final Development Plan approval.
d. Telephone lines, Electric lines, Television lines, etc. The proprietor shall make arrangements for all lines for telephone, electric, television, internet, and other similar services distributed by wire or cable to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways. Overhead lines may be permitted by the Planning Commission, upon consultation with the utility company(s) involved, at time of preliminary plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design, and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations that traverse privately held property should be protected by easements granted by the proprietor.
7. Street lights may be required by the Planning Commission to be installed at all condominium development entrances. Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Unit irons shall be set at all condominium unit corners and deflection points of condominium unit lines. The Township may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one (1) year, on condition that the developer deposits with the Township Clerk a performance guarantee equal to the estimated cost of such work. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Township Board shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the site condominium plans.
SECTION 18.4 CONDOMINIUM SUBDIVISION PLAN REVIEW
Township Planning Commission and Township Board approval of the condominium subdivision plan, condominium documents and construction plans shall be required prior to the start of construction, expansion or conversion of a site condominium project. No permits for construction, grading, or installation of roads or utilities shall be issued for property in a site condominium project until all necessary approvals have been granted by the Township. Condominium Subdivision Plan review shall follow the two step procedure detailed below:
A. Pre-Application Conference. Prior to the application for Preliminary Condominium Subdivision Review, the applicant may meet with the Planning Commission for the purpose of preliminary discussion and review regarding the concept, appropriateness, general content, and design approach of a proposed application. The procedure for such a meeting and the items required are described in SECTION 17.4.H.
B. Preliminary Condominium Subdivision Plan (Step 1): A Preliminary Condominium Subdivision Plan shall include all plans, survey, sketches, drawings, statements and additional information required for a Comprehensive Site Plan (Section 17.3.C.2), with the modifications noted below for approval of a Preliminary Condominium Subdivision Plan. In addition, the following information shall be provided:
1. Proposed name of condominium project.
2. Legal description of the condominium project boundaries.
3. Names, address and telephone numbers of the proprietor, and the professional seal of the planner, designer, engineer or surveyor who designed the condominium project layout.
4. The location of property lines, roadways, easements, walkways, open space, and/or other developments within 100 feet of the subject property.
5. Land use and existing zoning of the proposed site condominium project and adjacent properties.
6. Statement of intended use of the proposed condominium project, such as: residential, single family, two-family, and multiple-family housing; commercial; industrial; recreation; or agricultural. The plan should illustrate any sites to be designated for public (i.e. school, church, recreation) or non-public (i.e. shopping, drainage, senior housing) uses other than the primary proposed use of development.
7. A map of the entire area scheduled for development, including future street rights-of-way, if the proposed development is a portion of a larger holding intended for subsequent development.
8. Layout, numbers and dimensions of units, including building setback lines.
9. Indication of parcels of land intended to be dedicated or set aside for public use or for the common use of property owners in the site condominium project. The site plan shall show the location of all floodplain and wetland areas.
10. The proprietor shall submit preliminary plans for streets, water, sanitary sewers, storm sewers, drainage, sidewalks and other required public improvements. The plans shall contain sufficient detail to enable the Township to make preliminary determination as to conformance of the proposed improvements to applicable Township and County regulations and standards.
C. Public Hearing: Any condominium subdivision plan submitted to the Township shall contain the name and address of the applicant or his authorized representative to whom notice of a public hearing shall be sent and no plan shall be acted on by the Commission without affording a hearing thereon. On request of the Commission, notice shall be published in a newspaper which circulates in the township, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. The notice shall be given not less than fifteen (15) days before the date the application will be considered. The notice shall:
1. Describe the nature of the condominium subdivision plan request.
2. Indicate the property that is the subject of the condominium subdivision plan request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
3. State when and where the condominium subdivision plan request will be considered.
4. Indicate when and where written comments will be received concerning the subdivision condominium plan request.
D. Approval of the Preliminary Condominium Subdivision Plan: A Preliminary Condominium Subdivision Plan shall be approved according to the following procedures:
1. After the Public Hearing the Planning Commission shall review the application for Preliminary Site Condominium review along with any reports and recommendations received and the testimony provided at the hearing. The Planning Commission shall then make a recommendation on the application to the Township Board.
2. The Planning Commission shall transmit the recommendation, together with the complete record, to the Township Board for final action. The Board shall consider the contents of the application, the requirements of this Ordinance, the objectives of the Township Master Plan, and give special attention to the following:
a. Design and legal standards set forth in the Township Zoning Ordinance.
b. The relationship of the circulation system to the surrounding neighborhood and street network.
c. Method of providing utilities and the capacity of local utility and road networks to serve proposed development.
d. Existing and proposed land uses.
e. Impact on schools, parks and other community facilities.
3. If the Board is satisfied that these standards have been satisfied, then the Township Board shall approve the Preliminary Condominium Plan. The Board may also approve the Plan with conditions, deny the Plan, or table for further discussion.
4. Approval of the Preliminary Plan shall be good for two years, within which time the applicant may seek approval for Final Condominium Plan for all or part of the proposed site. The Township Board may grant a one-year extension to this time limit if warranted due to circumstances outside the applicant's control and knowledge.
E. Review of Condominium Documents: The applicant shall submit a draft copy of all condominium documents, including but not limited to the condominium master deed, bylaws, and all related exhibits, to the Township Planning Commission for review and recommendation prior to Final Plan review. These documents should specify who is responsible for maintenance of common elements and open space, including accessory structures. Prior to Final Condominium Subdivision Plan approval, the Planning Commission shall forward the submitted documents to the Township Attorney and/or Planner for review. The required documents shall include the conditions upon which the approval is based, with reference to the approved Condominium Subdivision Plan. The documents will also be reviewed to ensure that the common use and open space areas have been dedicated to an association or other appropriate entity, that these areas and the roads and infrastructure are provided with the means for on-going maintenance, and that the internal development standards comply with the applicable Ordinances of the Township.
F. Outside Agency Approval: The applicant shall be responsible for forwarding a copy of the approved Preliminary Condominium Subdivision Plan to all applicable State, County, and local agencies having jurisdiction over specific aspects of the condominium project, such as wetlands, storm drainage, soil erosion and sedimentation, and utilities. All necessary permits or approvals from applicable outside agencies shall be received prior to final condominium subdivision plan approval.
G. Final Condominium Subdivision Plan Review (Step 2): The Final Condominium Subdivision Plan shall include all information required for the approved Preliminary Condominium Subdivision Plan, and any additional information stated below:
1. Complete meets and bounds description of the site condominium project boundary.
2. Letters of approval from all required authorities (i.e. Presque Isle County Road Commission, Presque Isle Drain Commissioner, DEQ, etc.) indicating that the site condominium subdivision plans comply with their requirements.
3. Final Engineering Construction Plans for all improvements to be constructed in connection with the proposed site plan in accordance with the Michigan Building Code and Michigan Residential Code.
H. Approval of Final Condominium Subdivision Plan. A Final Condominium Subdivision Plan shall be approved according to the following procedures:
1. The Planning Commission shall consider the Final Condominium Subdivision Plan in relation to the requirements of this Ordinance, the intent of the Township Comprehensive Plan, the comments received from outside agencies, and the approved Preliminary Condominium Plan and any conditions of approval.
2. The Planning Commission shall make a recommendation to the Township Board to approve, deny, or approve with conditions, the proposed development.
3. The Planning Commission's recommendation and the complete record of the application shall be forwarded to the Township Board for final approval. The Township Board may approve, approve with conditions, or deny the project based on the standards and requirements provided herein.
I. Upon approval of the Final Site Condominium Plan, the applicant must record the approved master deed and Condominium Subdivision Plan with the Presque Isle County Register of Deeds. A stamped copy of each must be returned to the Township after they have been registered so that the Township has an official, final copy of the condominium documents.
SECTION 18.5 CRITERIA FOR APPROVAL
Approval of a Preliminary Site Condominium Plan and a Final Site Condominium Plan shall only be recommended by the Planning Commission or granted by the Township Board when the following criteria have been satisfied:
A. The criteria in SECTION 17.5 have been satisfied.
B. Each condominium unit shall be subject to all other applicable requirements of the subject zoning district, including but not limited to use regulations, minimum floor area of dwelling units, and maximum building height.
C. The site condominium subdivision shall have provided all required infrastructure improvements and easements and obtained the necessary approvals from local, County, State, and/or Federal agencies to proceed with the development.
D. The draft condominium documents (master deed and by-laws) have been reviewed and have been found to contain no standards that conflict with the Township Zoning Ordinance nor any participation by the Township in the installation or maintenance of any common elements within the development.
SECTION 18.6 BUILDING PERMITS
Prior to the issuance of building permits for any condominium units, the applicant shall submit the following to the Township:
A. A copy of the recorded condominium documents (including exhibits).
B. A copy of any recorded restrictive covenants.
C. A copy of the approved final condominium subdivision plan in a format acceptable to the Township.
D. The warranty deed and bylaws, and easement documents for all rights-of-way and easements dedicated to the public.
E. Final Acceptance and Submission of As-Built Drawings: After construction, as-built drawings of the completed development shall be submitted, in an acceptable format, to the Zoning Administrator for review. Final acceptance of the development by all appropriate government agencies and any performance guarantees shall not take place until the as-built drawings have been approved by the Township or Planning Commission.
SECTION 18.7 REVISION OF CONDOMINIUM SUBDIVISION PLANS AND AMENDMENTS TO CONDOMINIUM DOCUMENTS
A. Minor amendments to the Final Condominium Subdivision Plan, based on the standards in SECTION 17.8.C, may be reviewed administratively by the Zoning Administrator.
B. All other changes to the Final Condominium Subdivision Plan shall be submitted for review as a revised Final Condominium Subdivision Plan following the procedure in SECTION 17.8, Condominium Subdivision Plan Review.
C. Any revision to the condominium documents or development agreement that affects the approved Final Condominium Subdivision Plan shall be reviewed and approved by the Township Attorney and Township Board.
SECTION 18.8 RELOCATION OF BOUNDARIES AND SUBDIVISION OF CONDOMINIUM UNITS
A. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, shall comply with all regulations of the zoning district in which located. Site plan review and approval shall be required.
B. Subdivision of condominium unit sites or units is permitted subject to Planning Commission approval and the submittal of the amended bylaws and master deed to determine the effect of the subdivision on conditions of zoning or site plan approval, and shall be made as part of the bylaws and recorded as part of the master deed. Each condominium unit that results from a subdivision of another condominium unit shall comply with all regulations of the zoning district in which located.
SECTION 18.9 GUARANTEE OF COMPLETION OF IMPROVEMENTS
To ensure compliance with the provisions of this ordinance and any conditions imposed there under, a financial guarantee may be required for any condominium project in accordance with the requirements of SECTION 17.7 of the Presque Isle Township Zoning Ordinance.
SECTION 18.10 APPEALS
See SECTION 17.9 for the procedures to appeal a decision regarding a Site Condominium Plan
SPECIAL USE PERMIT PROCEDURES
(revised March 24, 2011)
The intent of this section of the Zoning Ordinance is to establish equitable procedures and criteria to be applied in approving or disapproving requests for Special Use permits. As with any Special Use permit approval, the Planning Commission shall have the right and authority to impose such additional conditions and safeguards as it deems necessary for the protection of the health, safety and general welfare of the Township's residents and property owners.
Special land uses are those uses which may possess characteristics or qualities requiring individual review to insure compatibility with permitted uses in the district, with the character of the surrounding area, with available public services and facilities or with adjacent land uses.
SECTION 19.1 SPECIAL USE PERMIT PROCEDURES
The following steps shall be taken by the applicant, Zoning Administrator and Planning Commission when considering a proposed special land use:
A. All applications for special use permits shall be filed with the Zoning Administrator and shall include the required site plan, fee and any other pertinent information upon which the applicant intends to rely for a permit.
B. The Zoning Administrator, after preliminary review for completeness, shall forward the complete application to the Planning Commission for review. Where the Zoning Administrator finds the application or required site plan to be incomplete, the applicant shall provide any information required to complete the submittal prior to Planning Commission review.
C. The Planning Commission shall review the application for completeness at its next regular meeting, and if it is deemed complete, set a public hearing as provided in Section 19.2.
D. The Planning Commission shall review the special land use application. and required site plan according to the requirements of the zoning district in which the proposed use is to be located, the standards set forth in this article and all other applicable requirements of this ordinance.
SECTION 19.2 PUBLIC HEARING AND NOTICE REQUIREMENTS
A. After review of the special land use permit application and site plan for completeness, the Zoning Administrator shall schedule a public hearing on the request before the Planning Commission. If the application is complete, the Zoning Administrator shall send a notice of the public hearing not less than 15 days before the date that the application will be considered to the following persons:
1. The applicant
2. The owner of the property, if different.
3. The owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in Presque Isle Township or not.
4. The occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the property is located in Presque Isle Township or not.
5. The general public by publication in a newspaper, which circulates in Presque Isle Township.
6. The members of the Planning Commission.
B. The notice shall include:
1. The nature of the Special Use Permit being requested.
2. The property(ies) for which the request has been made.
3. A listing of all existing street addresses within the property(ies) which is(are) subject of the Special Use. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, another means of identification may be used.)
4. The location where the application documents can be viewed and copied prior to the date the application will be considered.
5. The date, time and location of when the hearing on application will take place.
6. The address at which written comments should be directed prior to the consideration
7. For members of the Commission only, a complete copy of the Special Use Permit application and supporting documents in the record.
SECTION 19.3 REVIEW STANDARDS
In reaching its determination, the Planning Commission shall consider the following:
A. All standards applicable to the district in which the development is to be located.
B. Any additional standards applicable under Article 20 , "Development Standards for Special Permit Uses."
C. Adequate location and design of driveways to provide vehicular ingress to and egress from the site.
D. Traffic circulation features within the site and location of automobile parking areas which insure safety and convenience of both vehicular and pedestrian traffic.
E. Safe and adequate sewage disposal facilities, water supply, storm water drainage, fire protection and other utility provisions.
F. Any development modifications necessary to insure the nature of the operation will not be in conflict with the primary permitted uses in the district or neighborhood.
G. Adequate mitigation of any conditions objectionable to adjacent and nearby properties by reason of traffic, noise, vibration, dust, fumes, erosion, pollution, or negative effects upon significant environmental features.
H. That the use will not discourage or hinder appropriate development and use of adjacent premises and neighborhood.
I. That the information provided to the Planning Commission in the Application and Site Plan is accurate and factual.
J. That the proposed special land use will not establish a precedent for developments or uses which could adversely affect the long-term goals of the Township Zoning Ordinance and Comprehensive Plan (Master Plan).
SECTION 19.4 STATEMENT PERTAINING TO DECISION
The Planning Commission may deny, approve or approve with conditions, a request for special land use approval. The decision on a special land use shall be incorporated in a statement of findings containing the conclusions relative to the special land use under consideration which specified the basis for the decision and any conditions imposed.
SECTION 19.5 REVOCATION OF APPROVAL OF SPECIAL LAND USE
Approval of a Special Land Use may be revoked by the Planning Commission upon determination that the use has not been constructed, improved, maintained or conducted in compliance with this Ordinance or with approved permits, site plans or conditions of approval. Such action shall be subject to the following:
A. Public hearing. Such action may be taken only after a public hearing as has been held in accordance with the procedures set forth in Section 19.2 of this Article (Request for a Public Hearing), at which time the owner of an interest in land for which approval is sought, or the owner's designated agent, shall be given an opportunity to present evidence in opposition to revocation of approval.
B. Determination. Subsequent to the hearing, the decision of the Planning Commission with regard to the revocation shall be made, and written notification of such findings shall be provided to said owner or designated agent.
C. Decision. The decision of the Planning Commission shall be set forth in a Statement of Findings and shall be final in regards to revocation.
DEVELOPMENT STANDARDS FOR SPECIAL USE PERMITS
(revised March 24th, 2011)
The various land uses and activities requiring special consideration and more intense review are listed herein. The standards specified under each type of use are meant to be utilized by the Planning Commission as general guidelines for determining whether or not a proposed use is acceptable.
SECTION 20.1 ACCESSORY BUILDINGS AND USES (including barns, feeding pens, stables, storage garages, and barns without a principal building or use) (Effective date: June 14, 2012)
A. The lot or parcel shall be a minimum of five acres in size
B. The accessory building shall not exceed one thousand, eight hundred (1,800) feet
C. The accessory building shall not contain living quarters
D. The accessory structure shall have a permanent greenbelt that protects
the accessory building from view of adjacent property owners and the road.
E. The accessory building shall never be used for commercial purposes.
SECTION 20.2 ADULT ENTERTAINMENT BUSINESSES
(Effective Date August 29, 2002)
A. In order to prevent the undesirable concentration of such uses, the following uses and activities shall not be located within 1,000 feet of any other such use nor within 300 feet of the rural residential, single-family residential, low rise multiple-family residential, neighborhood commercial, or community facilities zoning districts. Such uses shall be confined to the commercial zoning district; shall be allowed only if special approval is obtained from the Planning Commission; and shall conform to all other requirements imposed by the Planning Commission, by the Presque Isle Township Zoning Ordinance, and by state and local laws, ordinances, regulations, and rules:
1. adult book or video store;
2. adult motion picture theater;
3. adult sexual paraphernalia store;
4. adult motel; and
5. other adult entertainment businesses.
B. For the purpose of interpreting the application of the foregoing limitations on certain business locations, the following terms or designations shall have the following meanings:
1. adult book or video store: an establishment that, as one of its principal business purposes, offers for sale or rental books, magazines, other printed matter, photographs, films, motion pictures, video cassettes, slides, visual representations, or media, which depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. An establishment may have other principal business purposes that do not involve the offering for sale or rental material depicting, describing, or relating to specified sexual activities or specified anatomical areas and still be categorized as an adult book or video store. The sale of such material shall be deemed to constitute a principal business purpose of an establishment, and thereby subject the establishment to the requirements of this subsection gg, if such sales comprise ten percent or more of sales volume or occupy ten percent or more of the floor area or visible inventory within the establishment;
2. Complete Ordinance with defining activites may be purchased by adults at the Twp. Hall.
C. Any sign proposed for an adult entertainment businesses shall comply with the provisions of the Presque Isle Township Zoning Ordinance and any applicable state and local laws, ordinances, regulations, and rules, and shall not include photographs, silhouettes, drawings, pictorial representations of any type, obscene language, or animated or flashing illumination.
D. No product or service for sale or gift or any picture or other representation of any product or service for sale or gift shall be displayed by an adult entertainment business so as to be visible from the nearest adjoining roadway or a neighboring property.
E. Hours of operation for an adult entertainment business shall be limited to 10:00 a.m. to 12:00 midnight, unless otherwise ordered by the Planning Commission.
SECTION 20.3 ADULT FOSTER CARE SMALL AND LARGE GROUP HOMES
A. The adult foster care group home shall not be located nearer than 1,500 feet to a foster care family or another foster care group home.
B. Off-street parking spaces shall be provided in a quantity sufficient to accommodate employees of the foster care group home and visitors. However, the extent of pavement coverage of the front yard shall be limited to be visually compatible with the surrounding area.
C. The home and property shall be maintained in a manner consistent with the visible characteristics of the surrounding neighborhood
SECTION 20.4 AIRPORTS, AIRCRAFT LANDING FIELDS
A. Privately owned and maintained non-commercial aircraft landing strips, more or less parallel to a public road, shall be set back from such road for a minimum distance of seventy-five (75) feet. Where a privately owned landing strip is situated more or less perpendicular to a public road, such landing strip shall be separated from said road by a distance of at least one hundred (100) feet.
B. All privately owned and maintained aircraft landing strips shall be at least two hundred (200) feet from the nearest residential dwelling unit and at least one hundred fifty (150) feet from all other buildings not designed as accessory structures for said aircraft landing field.
C. All other aircraft landing fields or airports must conform to applicable federal and state regulations and be approved by appropriate federal and state agencies prior to submittal of a site plan to the Planning Commission.
D. Off-street parking facilities, in conformance with SECTION 22.1 shall be maintained.
E. All structures on the lot on which said airport or aircraft landing field is located shall also conform to the standards set forth in its applicable zoning district.
SECTION 20.5 AMUSEMENT PARKS
A. The minimum lot size shall be five (5) acres.
B. The lot shall be so situated as to abut a major thoroughfare on one (1) side.
C. No amusement facility or activity shall be located within two hundred fifty (250) feet of a residential dwelling.
D. The entire premises shall be surrounded by a six (6) foot high wall, fence or similar barrier.
E. Any amusement park facility located within five hundred (500) feet of a residential dwelling shall be open for business no later than 10 p.m.
SECTION 20.6 ANIMAL HOSPITALS, KENNELS
A. Minimum setbacks for the main structure shall be fifty (50) feet in the front, fifty (50) feet on each side and one hundred (100) feet in the rear.
B. Appropriate ingress and egress and off-street parking shall be maintained according to Article 22.
C. Required buffer strip and screening according to SECTION 4.12 shall be maintained.
D. All principal use activities shall be included within an enclosed main building.
SECTION 20.7 APARTMENTS
A. Ingress, egress and off-street parking facilities shall conform to the standards set forth in Article 22.
B. The lot on which an apartment is situated shall abut, at least on one (1) side, a major thoroughfare.
C. Where an apartment dwelling is located adjacent to a commercial, industrial or single-family residential lot, the buffer strip and protective screening requirements of Section 4.12 shall be adhered to.
D. Where an apartment dwelling exceeds the allowable maximum height of the district in which it is located, for every one (1) foot of excess height, one (1) foot of additional setback on all sides shall be required.
E. Vehicular access to the rear of the site for the provision of services shall be required.
F. Trash and garbage collection facilities shall be located to the rear of the lot on which the apartment building is located.
SECTION 20.8 AUTOMOBILE SERVICE STATIONS, PUBLIC GARAGES, FILLING STATIONS
A. Minimum lot size shall be fifteen thousand (15,000) square feet for a service station or repair garage and twelve thousand (12,000) square feet for a filling station.
B. Minimum lot width shall be one hundred twenty (120) feet for a service station or repair garage and one hundred (100) feet for a filling station.
C. An automobile service station building, repair garage or main building for a filling station shall be located not less than forty (40) feet from the street right-of-way or less than twenty-five (25) feet from the side or rear lot line of any adjoining residential property or less than ten (10) feet from the side or rear lot line of adjoining commercial or industrial property.
D. No ingress or egress to an automobile service station, public garage or filling station, shall be closer than twenty-five (25) feet from any intersection or residential property line abutting the property on which such facility is located.
E. The entire lot, excluding those areas occupied by a building or landscaped areas, shall be hard-surfaced with concrete or a plant mixed bituminous material.
F. All lubrication equipment, hydraulic hoists and pits shall be completely enclosed within a building. All gasoline pumps shall be located not less than twenty-five (25) feet from any lot line and shall be arranged so that motor vehicles may be provided easy egress and ingress to and from the adjoining street, and so that no portion of the vehicle while it is stopped for service, shall overhang onto a sidewalk, curb, street or public right-of-way.
G. When adjoining residential property, a masonry wall, a minimum six (6) feet in height, shall be constructed parallel to the property line of such residential property. All masonry walls shall be protected by a fixed curb or other barrier to prevent vehicular contact.
H. All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a five (5) foot high masonry wall. Outside storage or parking of disabled, wrecked or partially dismantled vehicles shall be allowed for a period not to exceed fifteen (15) days.
I. The sale or rental of used or new vehicles, including trailers or recreational vehicles on the premises, is prohibited.
J. The property on which the automobile service station, repair garage or filling station is located shall be no closer than five hundred (500) feet from a vehicular entrance or exit to a hospital, library, museum, public or private school, playground, church or park.
K. All exterior lighting, including signs, shall be hooded or shielded so that glare shall be shielded from the view of adjacent properties.
L. Only one (1) freestanding sign, not exceeding one hundred (100) square feet, shall be allowed to advertise the name of the owner or occupant of the premises.
M. On a corner lot, both street frontage sides shall conform to all applicable front yard regulations of this ordinance.
SECTION 20.9 AUTO WRECKING AND STORAGE YARDS
A. Minimum lot size shall be ten (10) acres.
B. There shall be minimum side and rear yard setback of at least fifteen (15) feet.
C. The property on which such auto wrecking and storage yard is located shall be surrounded by a masonry wall or fence of a minimum height of ten (10) feet. Such wall or screening fence shall be made of a material designed to block the view of the yard from passers-by and shall be maintained in a neat appearance.
D. The fence or wall adjacent to a street shall be set back at least twenty (20) feet from the street right-of-way line.
E. The surface, exclusive of buildings, shall be paved with concrete or bituminous material, oiled, watered or treated so as to minimize dust and seepage of chemicals into surface or sub-surface waters.
SECTION 20.10 CAMPGROUNDS, TRAVEL TRAILER PARKS
A. Minimum lot size shall be at least ten (10) acres.
B. Each campsite or trailer site shall have direct vehicular access.
C. Each lot (entire campground or travel trailer park) shall contain at least one (1) public telephone, and one (1) sanitary facility for each ten (10) campsites or travel trailer sites. A sanitary facility includes one (1) flush toilet and sink, and electrical hookup.
D. Running water shall be made available within the campground or travel trailer park.
E. A six (6) foot screening fence will be provided only when adjacent to residential areas.
SECTION 20.11 CHILD CARE CENTERS, NURSERY SCHOOLS, DAY NURSERIES
A. Nursery school and day nurseries for children of pre-school age shall provide a lot area of at least five hundred (500) square feet for each child enrolled.
B. For each child, enrolled, there shall be maintained a minimum usable outdoor play area of one hundred fifty (150) square feet, with a minimum total usable outdoor play area of five thousand (5,000) square feet per facility.
C. The outdoor play area shall be suitably fenced and screened by a heavily planted buffer strip adjacent to abutting properties.
D. No dormitory facilities will be permitted.
SECTION 20.12 CHURCHES
A. Minimum lot area shall be two (2) acres.
B. Minimum lot width shall be one hundred fifty (150) feet.
C. For every one (1) foot of height (excluding the spire) above the maximum building height allowable for the district in which said church is located, an additional one (1) foot setback on all sides of the main structure shall be required.
D. Proper vehicular ingress, egress and off-street parking requirements shall be maintained according to Article 22.
E. The buffer strip and protective screening requirements of SECTION 4.12 shall be adhered to.
SECTION 20.13 COMMUNICATION TOWERS (Effective Date June 27, 2001)
Antenna towers and masts for cellular phone and other personal or business communications services may be authorized with a special use permit only by the Planning Commission in the Forest & Recreation Zoning District only. Antenna towers and masts erected and operated as a residential accessory use, and not more than fifty (50) feet in height as measured between the tower's base at grade and its highest point are exempt from this Section.
A site plan prepared and sealed by a professional engineer and other materials normally required for special use permits must be submitted with the application. In considering authorization of such towers and masts, the Planning Commission shall apply the standards of Article 17 (Site Plan Review Requirements), Article 19 (Special Use Permit Procedures), and the following specific standards:
A. The applicant shall provide documentation to the Planning Commission that clearly establishes the legal ownership of the tower. The applicant, its agents, successors, and assigns shall report to the Planning Commission any changes in the legal ownership of the tower within thirty (30) days of the effective date of the change.
B. The application for special use permit for the tower shall include a visual impact analysis, prepared by the applicant, which includes graphic depiction of the anticipated visual appearance of the tower from important vantage points in the surrounding area. Methods used in preparing the analysis shall be reviewed and approved by the Planning Commission during its first consideration of the application for special use permit before the public hearing.
C. A cellular phone or other personal and business communications services antenna tower shall be exempt from building height limits established by zoning district regulations, provided that the tower height shall not exceed the minimum height necessary to serve its intended functions or two hundred (200) feet, whichever is less.
D. Towers shall be located no closer than seven (7) miles from an existing telecommunication tower or alternative tower structure, as measured in a straight line between the base of the existing tower and the proposed base of the proposed tower.
E. Whether or not it is feasible to provide equivalent service by locating the antenna on an existing tower or other existing structure in the Township, or on an existing tower or other existing structure located in neighboring communities.
F. The tower and any ancillary building or buildings housing equipment needed for operation of the tower shall not exceed the floor area and height minimally necessary for such equipment, and shall be of a size, type, color, and exterior materials which are aesthetically and architecturally compatible with the surrounding area, and as minimally obtrusive as possible. Landscape screening may be required by the Planning Commission to accomplish screening of ancillary equipment buildings.
G. Guy cables and anchors shall comply with applicable zoning district setback requirements.
H. The applicant shall provide documentation of any lighting to be installed on the site. If tower lighting is required or proposed, the tower may not be approved unless the Planning Commission determines that it will not have a significant adverse impact on properties and residents of the surrounding area.
I. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design must cause the least disturbance to the surrounding views.
J. Towers shall either maintain a galvanized steel finish or be painted white to be as unobtrusive as possible. Towers in alternate bands of orange and white shall be permitted only if specifically required by Federal Communications Commission (FCC) or Federal Aviation Administration (FAA) regulations. If alternate band painting is required by FCC or FAA regulations, the applicant shall provide documentation of such requirements and regulations. The antenna and/or array installed on a tower structure and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the tower structure, so as to make the antenna and related equipment as visually unobtrusive as possible.
K. No signs other than signs required pursuant to federal, state or local law and ordinance shall be allowed on an antenna or tower or site.
L. The applicant shall provide documentation of conformance with any Federal Communications Commission and Federal Aviation Administration regulations.
M. The owner/operator of the tower shall agree to permit use of the tower by other personal or business communications services providers, including local government agencies, on reasonable terms, so long as such use does not interfere with the owner/operator's reasonable use of the tower. The addition of other user's equipment to the tower shall be permitted so long as the engineered design capacity of the tower or mast is not exceeded.
N. As a condition of approval, prior to construction, the Planning Commission may require an owner to deposit funds in escrow with the Township, or provide an insurance bond satisfactory to the Township's Attorney to assure the removal of towers and masts as prescribed in this Article. If required, such escrow deposit or insurance bond shall be in an amount equal to one and one-quarter (1.25) times the estimated cost of removal of the tower at the time of approval. Such escrow deposit or bond shall be maintained by successor owners.
O. If the tower ceases operation for its original use or is abandoned for any reason, the Township may order its removal from the site by the owner of the tower within three (3) months of notification by the Township.
P. If the height required for the tower to serve its intended function decreases from such height as installed due to technological advancement, additional tower installations at other locations, or other factors, the Township may order that the tower be lowered to such decreased minimum height.
Q. The tower shall be located centrally on a continuous parcel of not less than one and one-half (1.5) times the height of the tower measured from the base of tower to all points on each property line. The tower and any supporting or appurtenant structures shall be no closer to any dwelling than the distance equal one and one half (1.5) times the height of the tower measured from its base at grade to its highest point. A fence not less than six (6) feet in height with anti-climb features shall be constructed around the base of the tower.
SECTION 20.14 CONVALESCENT HOMES
A. Minimum lot size shall be at least five (5) acres.
B. The property on which the facility is located shall abut a primary or secondary county road and shall have separate ingress and egress from such road.
C. The main and accessory buildings shall be set back at least seventy five (75) feet from the road right-of-way.
D. The facility shall provide a minimum fifteen hundred (1,500) square feet of open space for each bed. Such open space may include landscaped areas, patios, parking areas, driveways and accessory uses.
SECTION 20.15 DRIVE-IN RESTAURANTS
A. Main and accessory buildings shall be set back a minimum of sixty (60) feet from the street right-of-way line.
B. Public access to the site shall be provided no closer than seventy-five (75) feet from any intersection as measured from the right-of-way line of the intersecting street to the nearest point of access.
C. A minimum three (3) foot high screening fence or masonry wall shall be provided on the interior of the property line adjacent to any residential or commercial use, in addition to required buffer strip width.
D. Off-street parking facilities with separate ingress or egress may be provided in the front yard area of "fast-food" drive-in restaurants.
SECTION 20.16 DRIVE-IN THEATERS
A. Minimum lot size shall be five (5) acres.
B. The lot on which a drive-in theater is located shall be at least one thousand (1,000) feet from a residentially zoned district.
C. The lot location shall be such that the facility shall be adjacent to a major road or thoroughfare and shall have separate ingress and egress abutting such road and thoroughfare. Ingress and egress shall be located at least one hundred fifty (150) feet from the nearest intersection as measured from the right-of-way line of the intersecting road or thoroughfare.
D. Minimum front yard setback for all structures shall be fifty (50) feet.
E. The facility shall be completely surrounded by a screening fence or masonry wall at least six (6) feet in height.
F. The lot on which the facility is located shall be paved with appropriate material, except for building sites and landscaped areas.
G. Adequate drainage and lighting shall be provided. All utilities on the site shall be placed underground.
H. The theater screen shall be situated so as to not face directly, or obliquely by less than seventy-five (75) degrees any major thoroughfare.
I. Space shall be provided on the site to allow for a reasonable number of waiting vehicles standing at the entrance to the theater.
J. Acceleration and deceleration lanes shall be provided at points of egress and ingress to the site.
SECTION 20.17 EXTRACTIVE AND MINING OPERATIONS
A. Minimum lot size shall be five (5) acres.
B. No open pit or mine shall be located closer than two hundred (200) feet to the right-of-way line of a public street or thoroughfare, nor closer than two hundred (200) feet to the shoreline of any inland lake or stream. On property adjacent to Lake Huron, no open pit or mine shall be located closer than two hundred (200) feet to the ordinary high water mark of Lake Huron, nor lakeward of the five hundred eighty-five (585) foot land surface elevation line. No open pit or mine shall be located closer than six hundred fifty (650) feet to a dwelling unit which existed on the date of ordinance adoption, (date).
C. Safety fencing shall be provided where required by the standards set forth in Section 4.8 of this ordinance, and any necessary fencing shall be shown on the site plan. Where property used for mining operations abuts property zoned for residential use or a public street, and when mining operations occur within view of such residential property or street, a visual buffer shall be established and maintained. The buffer shall be composed of, at minimum, a seventy-five (75) foot wide vegetated area including tree and shrub species native to the region and a twenty-five (25) foot wide vegetated berm at least eight (8) feet in height.
D. As soon as practicable following the mining or excavation of an area, the site shall be returned as far as possible to its natural state unless alternate plans, approved by the Planning Commission and the DNR Geologic Survey Division per Section 4.8, are submitted by the owner or occupant.
E. The applicant shall give assurances acceptable to the Planning Commission of installing pollution or nuisance control devices or operational practices to minimize dust, smoke, noise, vibration, water pollution, surface water and groundwater level impacts, hazardous waste discharge or spills, or visual effects of such operations. The Planning Commission may require a performance bond or similar assurance for such safeguards prior to approval.
F. If truck or heavy equipment traffic is anticipated to pass through residential areas, the site plan shall include measures to minimize negative traffic impacts, including consideration of alternative truck routes where possible.
G. Throughout the period of active mining, a citizen complaint process shall be established, publicized and maintained. The process shall include, at minimum, a published address and phone number where Township residents and property owners may direct written or oral complaints or questions about mining operations. Reasonable efforts shall be made to respond to and resolve valid complaints. A written record of all complaints and questions received, along with the response given, shall be maintained and summarized annually. Complaint records shall be available for public inspection at the operator's place of business, and the annual summary shall be submitted to the Zoning Administrator by March 1 of each year for the preceding calendar year.
H. The site plan shall be submitted prior to beginning mining activities and at five year intervals thereafter during the active life of the mine. For mines in active use at the time of ordinance adoption, the site plan need only cover areas of the site anticipated for future mining, and shall be submitted within six (6) months of the effective date of this ordinance provision.
I. A performance bond may be imposed at any time if the site plan and/or reclamation plan is not followed.
SECTION 20.18 GAME FARMS
A. Minimum property size shall be one hundred twenty (120) acres for large game and forty (40) for small game.
B. The main and accessory buildings shall be set back at least two hundred (200) feet from all property lines.
C. The main building must have a minimum floor area of one thousand (1000) square feet.
D. Sanitary facilities (outbuildings or flush facilities) must be provided and shall have the approval of the District Health Department #4.
E. A game farm shall not be used as a permanent resident unless it meets the requirements of the R-1 district.
F. A cleaning facility hall be provided for all game taken
G. Offal and other waste animal parts must be disposed of by incineration or at a land fill facility
F. Center-fire firearms may not be used to take animals within 900 feet of any property zoned Residential or Commercial, nor within 900 feet of any private dwelling.
G. Firearms may not be used during the month of May, June, July or August.
H. For large game species, animal-proof double fencing must be provided in o
rder to prevent egress or ingress of animals and to prevent physical contact between feral game animals and those contained on the farm or facility.
SECTION 20.19 GOLF COURSES, COUNTRY CLUBS
A. Minimum lot size shall be sixty (60) acres.
B. A shelter building with sanitary toilet facilities meeting all requirements of the county health department and township building code shall be provided and maintained.
C. The main and accessory buildings shall be set back at least seventy-five (75) feet from all property lines.
SECTION 20.20 GROUP CHILD DAY CARE HOMES
A group child day care home, as defined in Article 3 and licensed by the State of Michigan, shall be granted a special land use permit if it satisfies the following conditions:
A. Facilities shall not be located closer than fifteen hundred (1,500) feet to any of the following:
1. Another licensed group day-care home;
2. Another adult foster care small group home or large group home as licensed under the adult foster care facility licensing act (PA 218 of 2079);
3. A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people, licensed under Article 6 of the Public Health Code, Act 368 of 2078, being Sections 333.6101 to 333.6523 of the Michigan Compiled Laws;
4. A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the Department of Corrections.
B. Facilities shall provide appropriate fencing for the safety of children.
C. The property and the facility shall be maintained consistent with the visible characteristics of the neighborhood.
D. Facilities shall not exceed 16 hours of operation during a 24-hour period. The Township may limit but not prohibit the operation of the home between the hours of 10 p.m. and 6 a.m.
E. The use shall satisfy all other requirements of this Ordinance, including those for off-street parking for employees (Article 22) and signage (Article 23).
SECTION 20.21 HOTELS, MOTELS, MOTOR COURTS
A. Public access to the site shall be located so as not to conflict with vehicular traffic to and from adjacent uses or adversely affect the normal flow of traffic on adjacent streets.
B. Refuse and/or garbage receptacles shall be screened from view and shall be located in the rear yard or side yard of the property and adequate vehicular access to such receptacles shall be provided.
C. When adjacent to a residential district, fence or masonry wall at least six (6) feet in height shall be erected adjacent to the common property line.
D. Where the front yard is used to provide access, a twenty-five (25) foot wide greenbelt shall be located adjacent to the street right-of-way, except for vehicular access points.
E. Each unit of commercial use shall contain a minimum of two hundred fifty (250) square feet of gross floor area.
SECTION 20.22 HOUSING FOR THE ELDERLY
A. Minimum lot size shall be five (5) acres.
B. Accessory services in common use shall include, but not be limited to dining facilities, recreation areas, lounge areas, workshops, and craft shops.
C. Refuse and/or garbage receptacles shall be screened from view and shall be located in the rear or side yard of the facility and adequate vehicular access to such receptacle shall be provided.
D. Each dwelling unit shall contain at least four hundred (400) square feet of living area, not including kitchen and sanitary facilities.
SECTION 20.23 HUNTING CAMPS
A. Minimum lot area shall be ten (10) acres
B. The camp must have a minimum floor area of two hundred fifty (250) square feet.
C. Sanitary facilities must be provided
D. No fencing preventing the ingress or egress of game species shall be allowed.
E. Hunting for a fee or other commercial hunting is prohibited.
F. A Hunting Camp shall not be used as a permanent residence unless it meets the requirements of a residential district.
SECTION 20.24 HUNTING CLUBS
A. Minimum lot area shall be forty (40) acres
B. The main camp must have a minimum floor area of four hundred (400) square feet.
C. A hunting club shall not be used as a permanent residence unless it meets the requirements of a residential district.
D. Sanitary facilities (outbuildings or flush facilities) must be provided and shall have the approval of the District Health Department #4.
E. Hunting Clubs shall comply with all definitions of Club, as stated in Article 3.
F. The club must submit the name of a designated contract person who is responsible for dealing with all matters on behalf of the club. The township Zoning Administrator must be notified within 30 days of any change in the designation of a contact person.
G. No fencing preventing the ingress or egress of game species shall be allowed
H. Hunting for a fee or other commercial hunting is prohibited
SECTION 20.25 INDUSTRIAL
A. Appropriate state and federal environmental control standards shall be applied.
B. Adequate visibility (a minimum of one hundred (100) feet) for traffic on major roads shall be insured at all points of ingress and egress on said property.
C. All structures shall conform to the appropriate requirements of Article 21, Schedule of Regulations and to Article 22, Off-Street Parking, Loading and Unloading Requirements and Standards of this Ordinance.
SECTION 20.26 MARINAS
A. All fuel storage and pumping facilities shall be separated from all other structures in accordance with appropriate state regulations.
B. Signs indicating the location of fuel or other flammable material shall be placed in appropriate locations and be clearly visible for a distance of at least fifty (50) feet.
C. Marina facilities, including fuel storage and pumping stations, shall have a minimum seventy-five (75) foot separation from adjacent residential property.
D. If bathing and swimming areas are present, they shall be co-designated by appropriate signs.
E. Boat docking and launching facilities shall have a minimum thirty (30) foot separation from designated bathing and swimming areas.
SECTION 20.27 MEDICAL AND/OR DENTAL CLINICS
A. Minimum lot size shall be twenty thousand (20,000) square feet.
B. Outside storage of trash and/or garbage shall be screened from view and shall be located in the rear or side yards and vehicular access to such storage area shall be maintained.
SECTION 20.28 Medical Marijuana Uses
A. FINDINGS. The Township of Presque Isle, Presque Isle County, Michigan, establishes these requirements for Medical Marijuana Uses based on the following findings of fact:
1. Voters in the State of Michigan and in Presque Isle Township approved the referendum authorizing the use of marijuana for certain medical conditions (reference MCL-333.26422).
2. The intent of the referendum was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, cultivate/grow, use and distribute marijuana and to assist specific registered individuals identified in the statute without fear or criminal prosecution under limited, specific circumstances.
3. Despite the specifics of the state legislation and the activities legally allowed as set forth therein, marijuana is still a controlled substance under Michigan and Federal law and the legalization of obtaining, possession, cultivation/growth, use and distribution in specific circumstances has a potential for abuse that should be closely monitored and, to the extent permissible, regulated by local authorities.
4. If not closely monitored or regulated, the presence of marijuana even for the purposes legally permitted by the legislation can generate harmful secondary effects such as an increase of illegal conduct and /or activity. Harmful secondary effects negatively affect the health, safety, welfare, and quality of life of the residents, property owners, and visitors of the Township.
B. PURPOSE. It is the purpose of this Section to impose specific requirements for those individuals registering with the State of Michigan as "qualifying patients” or as "primary caregivers” as those terms are defined in MCL 333.26423, Section 3 of the Michigan Medical Marijuana Act, and to regulate the conduct of activity pursuant thereto in Presque Isle Township, Presque Isle County, Michigan, so as to protect the health, safety and welfare of the general public.
It is further intended that nothing in this section be construed to allow persons to engage in conduct that endangers others or causes a public nuisance; to allow use, possession, or control of marijuana for non-medical purposes.
Nothing in this Ordinance shall be construed as allowing the use, cultivation, distribution, or possession of marijuana that is not in strict compliance with the expressed authorizations of the State Medical Marijuana Act or this Ordinance. Further, nothing in this Ordinance shall be construed to undermine or provide immunity from Federal law as it may be enforced by the Federal or State government relative to the use, cultivation, distribution, or possession of marijuana to prevent prosecution thereunder.
C. DEFINITIONS. For purposes of this Section, the words and phrases as contained herein shall have the meanings as set forth in MCL 333.26423 and the regulations adopted by the State of Michigan, Department of Community Health, pursuant to authority conferred by Section 5 of Initiated Law 1 of 2008. For the purposes of this Section, the terms "marijuana” and "marihuana” as used here, in the State Act, and elsewhere, shall be synonymous.
1. Caregiver Operation means any registered caregiver that cultivates, produces, sells, distributes, possesses, transports, or makes available marijuana in any form to another patient or to another primary caregiver for medical use. The term "caregiver operation” shall not include the private possession, private production, or medical use of marijuana by a registered qualifying patient in compliance with the restrictions of this ordinance.
D. PRIOR USE. No use which purports to have distributed marijuana prior to the enactment of this Section shall be deemed to have been a legally established use under the provisions of the Zoning Ordinance, and such use shall not be entitled to claim legal nonconforming status.
E. COMPLIANCE REQUIRED. Those individuals within Presque Isle Township who are "qualifying patients” or "primary caregivers,” as those terms are used in the Michigan Medical Marijuana Act, shall comply with the requirements set forth herein for qualifying patients, Subsection F, and for primary caregivers, Subsection G. Any such operations shall be available for inspection, during business hours, by the Township Zoning Administrator, to confirm the operation is operating in accordance with all applicable laws, including state law and township ordinances.
F. REQUIREMENTS FOR QUALIFYING PATIENTS. A person within Presque Isle Township who has been issued and possesses a registry identification card as a qualifying patient, as set forth in the Michigan Medical Marijuana Act, shall comply with the following requirements:
1. Consumption. Consumption of marijuana by a qualifying patient may not occur at a medical marijuana caregiver operation, at any place of business, in any public place, or at a primary caregiver's legal residence address unless the primary caregiver resides with the qualifying patient.
2. Growing of marijuana by the qualifying patient for their own personal use is permitted, subject to the following requirements:
a. Such growing shall only be allowed inside of an enclosed structure or building with walls and roof. The marijuana and marijuana plants of the qualifying patient shall be kept in an enclosed, locked area, accessible only to the qualifying patient and not visible from the road, lake (for waterfront properties), or from neighboring property.
b. If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between 10 PM and 7 AM shall employ shielding methods which prevent ambient light spillage to adjacent residential properties without alteration to the exterior of the residence.
c. No more than the allowable number of plants under MCL 333.26424 can be grown at any one time.
d. No more than the allowable maximum amount of harvested marijuana may be possessed on the property at any one time.
G. REQUIREMENTS FOR CAREGIVER OPERATIONS. A person residing or operating within the Township who has been issued and possesses a registry identification card as a primary caregiver is a "medical marijuana caregiver operation” for the purposes of this ordinance as set forth in the Michigan Medical Marijuana Act and shall comply with the requirements identified below.
1. Where Permitted. The location at which a primary caregiver conducts its growing operation and/or provides services to a qualifying patient may be permitted in the C-1, C-2, and I-1 zoning districts subject to approval of a Special Use permit in accordance with the procedures of Article 19 of the Presque Isle Township Zoning Ordinance. The site must be under the control, through written lease, contract or deed, of the primary caregiver.
2. Special Use Permit
a. The Planning Commission shall issue, renew or extend a Special Use permit for one year when all standards and conditions are complied with and may revoke, refuse to issue, or renew the same where noncompliance exists. No permit shall be revoked or not renewed until the operator has been given written notice of any violation forming the basis of such denial and not less than 30 days have elapsed to correct the said violation.
b. All permits shall be reviewed by the Planning Commission annually. The operator shall be required to pay an annual fee to cover the cost of inspections and additional meetings as may be established by the Township Board.
3. Growing of marijuana by a primary caregiver is permitted at approved locations (see paragraph G.1 above), subject to the following requirements:
a. Such growing shall only be allowed inside of an enclosed structure or building with walls and roof. The marijuana and marijuana plants of the primary caregiver shall be kept in an enclosed, locked area, accessible only to the primary caregiver and the qualifying patient(s) he/she serves and not visible from the street, lake, nor from neighboring property.
b. The number of plants growing in the facility shall not exceed the number allowed by MCL 333.26424 for each patient.
c. No more than the allowable maximum amount of harvested marijuana under MCL 333.26424 may be possessed on the property at any one time.
d. If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between 10 PM and 7 AM shall employ shielding methods which prevent ambient light spillage to adjacent residential properties without alteration to the exterior of the residence.
4. Number of Caregivers per Approved Caregiver Operation. The location, from which a primary caregiver grows, cultivates or otherwise provides services to a qualifying patient shall not be used by another primary caregiver, for that primary caregiver’s services as allowed under the Michigan Medical Marijuana Act.
5. Location. Medical marijuana caregiver operations shall comply with the following location requirements:
a. The location from which a primary caregiver provides services to a qualifying patient shall not be within 1,000 feet of any of the following:
i. designated drug-free school zone, which is any area located within 1,000 feet of any public or private school having a curriculum including kindergarten or any one of more of the grades between 1 and 12;
ii. Another primary caregiver’s facility
b. The location from which a primary caregiver provides services to a qualifying patient shall not be within 500 feet of any of the following:
i. A church, place of worship, or other religious facility
ii. A public library, public park, or public playground
c. The distances noted above shall be measured by projecting a straight line without regard for intervening buildings or structures between the nearest points of the property lines of the protected use and the proposed medical marijuana facility.
6. Operation in Conjunction with Other Uses. A medical marijuana caregiver operation may not occur in connection with or at a location at which any other commodity, product, device, or service is also available.
7. Consumption. Consumption of marijuana by a qualifying patient may not occur at a medical marijuana caregiver operation, nor at any place of business nor in any public place. In the case where a registered caregiver is also a registered patient, consumption exclusively by the caregiver/patient at the caregiver/patient’s legal residence address is permitted.
8. Hours of Operation. A medical marijuana caregiver operation shall open no earlier than 7:00 a.m. and close no later than 7:00 p.m. Monday through Friday. On Saturday, the operation shall open no earlier than 8:00 a.m. and close no later than noon. The medical marijuana caregiver operation shall not be open on Sunday.
9. Operational Requirements.
a. The operation shall be in compliance with the Fire Protection Code.
b. The growing operation shall receive OSHA/MIOSHA certifications regarding safety of environment for the facility’s workers.
c. The following is prohibited:
i. The storage of toxic, flammable, or hazardous materials.
ii. Discharge of any toxic, flammable, or hazardous materials.
iii. Outdoor storage.
10. Signage. Signage for a medical marijuana caregiver operation in C-1, C-2 and I-1 zones shall satisfy the same requirements as that for a home occupation, as provided in Section 23.5.A.1 of the Presque Isle Township Zoning Ordinance.
H. SECURITY. Qualifying Patients and Primary Caregivers shall provide secure locations for cultivation and storage of medical marijuana. Primary caregivers shall submit a security plan and a floor plan identifying the number of plants, chemical storage, and other critical aspects of the layout and how they intend to secure their facility with their application for approval of the special land use. Exterior lighting shall be provided but shall also satisfy the requirements of the Presque Isle Township Outdoor Lighting Ordinance. This plan shall be considered a confidential document by the Township and exempt from disclosure under the Freedom of Information Act.
I. BUILDING APPROVALS. Any building or structure used for cultivation of marijuana shall obtain all necessary building, plumbing, electrical, and any other necessary permits or approvals to ensure the facility meets current code standards. In addition, the facility shall be subject to inspection by the Fire Chief to ensure compliance with the Michigan Fire Code.
SECTION 20.29 MORTUARIES
A. Minimum lot size shall be one (1) acre.
B. A well-designed and landscaped off-street vehicle assembly area for funeral processions shall be maintained in addition to required off-street parking and related vehicle maneuvering space.
C. A caretaker's residence may be located inside the main facility.
SECTION 20.30 PALLET, SAW AND PLANER MILLS
A. Minimum lot size shall be ten (10) acres.
B. The set back from the front property line to the main structure shall be a minimum of one hundred (100) feet.
C. There shall be a minimum side and rear yard setback of two hundred (200) feet between the main and accessory buildings and all residentially zoned districts.
D. A fifty (50) foot buffer strip surrounding the lot must be provided.
SECTION 20.31 PLANT OR LANDSCAPE NURSERIES
A. Minimum lot size shall be one (1) acre.
B. The premises shall be surrounded by a masonry wall or screening fence at least four (4) feet in height only when adjacent to residential district.
C. Storage areas shall meet all applicable yard setback requirements.
D. Off-street loading and parking facilities shall be provided.
E. Organic plant food, soil or fertilizer shall be sufficiently packed or stored so as not to create adverse health effects or odors for neighboring properties or passersby.
F. An office and/or storage building shall be constructed or placed on the premises. Such building shall contain a minimum floor area of one hundred fifty (150) square feet and conform to all applicable yard setback requirements.
SECTION 20.32 PRIVATE CLUBS AND LODGES
A. The lot shall be located so that at least one (1) property line, to be used for vehicular entrance and exit, shall abut a major thoroughfare.
B. Retail sales to guests only shall be allowed; there shall be no external commercial facility or sales on the premises nor shall access to a commercial activity be allowed other than from within the main building.
SECTION 20.33 RESORTS
A. Minimum lot size shall be one (1) acre, unless camping and/or travel trailer facilities are included, in which case, the minimum lot size shall be five (5) acres.
B. Minimum side, front and rear yard setbacks shall be thirty (30) feet.
C. Public access to the site shall be located so as not to conflict with vehicular traffic to and from adjacent uses or adversely affect the normal flow of traffic on adjacent streets.
D. Refuse and/or garbage receptacle shall be located in the rear or side yard of the property and adjacent vehicular access to such receptacle shall be provided.
E. Where the front yard is used to provide access, a twenty (20) foot wide buffer strip shall be located adjacent to the street right-of-way, except for vehicular access points.
F. Each unit of commercial use shall contain a minimum of two hundred fifty (250) square feet of gross floor area.
G. A resort shall consist of five (5) or more dwelling units.
SECTION 20.34 ROADSIDE STANDS
A. The gross floor area of the structure shall be not less than one hundred (100) square feet or more than six hundred (600) square feet, nor shall the structure be more than one (1) story in height.
B. Suitable rubbish containers shall be placed on the site.
C. The structure shall be located not less than twenty (20) feet from the road right-of-way.
D. Temporary off-street parking may be allowed in the required front-yard setback area. Such parking area need not be paved or treated with a surface covering.
SECTION 20.35 SOLID WASTE DISPOSAL SITES
A. All solid waste disposal sites shall conform to the requirements of the Michigan Department of Natural Resources for such facilities.
B. Waste disposal sites shall be located no closer than one-quarter (1/4) mile from any major thoroughfare or other public road.
SECTION 20.36 SINGLE-FAMILY DWELLING UNIT (E.C. District)
A. All main and allowed accessory structures must be located on the parcel so as to minimize any negative environmental impacts.
B. Clearing of land, beyond normal cutting of dead wood, shall be restricted to construction area of the main building and accessory structure.
SECTION 20.37 STABLES FOR HORSES
A. For breeding, rearing and/or housing of horses, the minimum lot size, including a residential dwelling, shall be one (1) animal per acre.
B. Structures used as stables shall not be located closer than sixty (60) feet to any property line or less than one hundred (100) feet from any residential dwelling.
C. Animals shall be paddocked in a suitable fenced area surrounding or adjacent to said stable to preclude their approaching nearer than ten (10) feet to any property line.
D. Stable and corral facilities shall be constructed in such a way that dust, noise, odor and drainage problems will be minimized so as not to constitute a nuisance or hazard to premises on the same lot or adjoining properties.
SECTION 20.38 TEMPORARY BUILDINGS OR TRAILERS USED DURING CONSTRUCTION
A. Adequate sanitary facilities and ventilation must be provided and a permit indicating such must be secured from Public Health Department #4.
B. Such temporary buildings or trailers shall be placed no closer than five (5) feet from the side and rear property line nor closer than ten (10) feet from the front property line.
C. Explosive and/or flammable materials stored in said structures shall be indicated as such by clearly visible signs placed on or near the structure or structures.
D. The owner, lessee or contractor shall guarantee, in writing, removal of such building or trailer from the premises upon completion of construction.
SECTION 20.39 VEHICLE WASH ESTABLISHMENTS
A. All washing activities must be carried on within the structure.
B. Vacuum machinery shall be located to the rear of the structure and no closer than twenty-five (25) feet to any adjoining property.
C. Ingress and egress to and from the facility shall take place on the same lot which shall abut a major thoroughfare.
D. Minimum front yard setback from the main structure shall be fifty (50) feet; minimum side yard setback shall be twenty-five (25) feet; minimum rear yard setback shall be seventy-five (75) feet.
SECTION 20.40 WIND ENERGY CONVERSION SYSTEMS (WECS)
Residential Applications for R-1, R-2, FR, EC, C-1 and CF Zoning Districts by Special Use Permit.
A. A Wind Energy Conversion System may be installed only on property that has an existing permanent dwelling unit, as defined in Article 4, Section 4.3., or on public property that has a community facility.
B. No WECS may be placed closer than 240 feet from the nearest neighboring dwelling unit.
C. Wind Energy Conversion Systems shall only be installed by a contractor licensed by the state of Michigan.
D. In addition to applicable site plan requirements in Article 17 and special use permit procedures in Article 19, the following requirements will be applied.
1. The site plan of the property shall show the location of overhead electrical transmission or distribution lines, whether utilized or not, and the location of the WECS with its specific dimensions, including the entire area through which the rotor(s) may pass, and the location of all dwelling units within 400 feet of the WECS.
2. Each special use permit application shall be accompanied by a complete set (either the original or an accurately reproduced copy) of the manufacturer's instructions which shall, at a minimum, include the following:
a. A standard foundation and anchor design or specifications for normal soil conditions, approved by a Professional Engineer, licensed by the State of Michigan and :
b. A complete detailed parts list; and
c. Clearly written detailed instructions for the assembly, installation, check out operation and maintenance of the WECS on site; and
d. A copy of all warning documents supplied by the manufacture; and
e. Grounding procedures protection which follow the National Electrical Code; and
f. Underwriters label, where appropriate; and g. Proof of public liability insurance.
E. Electromagnetic Interference: The entire WECS (including turbines, alternators, generators, and interconnect systems) shall be filtered and/or shielded to prevent the emission of generated radio frequency energy which would cause any interference with any type of radio signal, television broadcasting or reception whether by satellite or conventional broadcast, and/or internet connection whether by telephone or satellite connection; and shall comply with all Federal Communication Commission Rules.
F. Visual Impact: A WECS shall be finished in a single non-reflective matte color of silver or tan. No lettering, company logos, insignia, advertising, or graphics shall be on any part of the tower, hub, nacelle, or blades.
G. Abandonment, decommission or revocation of Special Use Permit: The WECS shall be removed under the following circumstances:
1. it is abandoned in excess of 1 year,
2. decommissioned or non-use in excess of one year,
3. any violation of the conditions set forth in the Special Use Permit
H. Noise: The maximum level of noise permitted to be generated by any WECS shall be fifty (50) decibels, as measured on the DBA scale, measured at the property line nearest the WECS.
I. Shadow Flicker:
1. No outdoor light shall be higher than ½ the height of the tower and must have a shield affixed so that no light may be projected above the horizontal plane of the light.
2. The WECS shall be placed in such a manner as to prevent shadow flicker on dwellings of neighboring properties. The WECS operator may obtain a written easement or other written permission that specifically allows shadow flicker to cross an occupied structure.
3. It shall be the responsibility of the WECS operator to modify operations to prevent shadow flicker on dwellings constructed and/or occupied after installation of the WECS.
J. Ice Throw: The WECS shall be located and operated in such a manner as to minimize the possible occurrence of ice pieces being thrown onto neighboring properties.
K. Fall Zone: A radius whose length is designated as one and one-half (1 ½) times the total height of the WECS, measured outwards from the tower base, that describes a 360 degree horizontal plane around the tower
L. Setbacks: No WECS shall be erected such that any portion of the Fall Zone impinges upon any setback
M. Height: The maximum allowable height, including rotor blade length of horizontal wind turbines, of any WECS shall be fifty-five (55) feet, unless otherwise prohibited by State or Federal statutes or regulations.
N. Manual Brake: A manually controlled braking device is required on any WECS to provide for emergency braking and/or seasonal shutdown.
1. The following information shall be provided on labels attached to the WECS tower subsystem in a visible, easily accessible location:
2. The survival wind speed in miles per hour and meters per second.
3. Name of owner and installer.
4. Emergency telephone number in force for B above.
5. The following information shall be provided on labels attached to the WECS power conversion subsystem in a visible, easily accessible location.
6. Maximum power input (KW); rated voltage (volts) and rated current output (amperes) of the generator, alternator, etc.
7. Manufacturer's name and address
8. Model number;
9. Serial number;
10. Emergency and normal shutdown procedures;
11. Underwriters label where appropriate.
P. Ground Clearance: For both horizontal and vertical axis turbines, and WECS rotor shall be located on the tower or support such that the minimum blade clearance above ground level is 20 feet.
Q. Accessibility: Towers shall be designed and constructed in such a manner that climbing devices are only accessible with a separate ladder to a height of 12 feet.
R. Interconnected WECS: In the case of WECS to be interconnected with power grid of the local electric utility, the applicant shall provide proof of written notice to the utility of the proposed interconnection and the utility's response thereto. The resident shall comply with all requirements of the servicing utility if the WECS is interfaced with the utility grid. The utility will install appropriate electric metering (for sell-back or non-sellback) and the customer will be required to install a disconnecting device adjacent to the electric meter(s).
S. Sell-Back Electricity: The property owner must use at least 3/5 of the power generated by the WECS in the home or business located on site. Sell-back amounts to the utility company are limited to 2/5 of the total annual kilowatt output of the WECS. An annual report with supporting documents from the power company must be submitted to the Zoning Administrator in order to retain the special use permit. Failure to provide an annual report within 60 days of the end of the calendar year shall result in termination of the Special Use Permit and subject the property owner to an order for immediate removal of the tower.
T. Vibration: Under no circumstances shall a WECS produce vibrations humanly perceptible beyond the lot boundaries.
U. Tower: Wind turbines shall be installed on single pole tubular towers only (no lattice type towers) without guy wires. Size and type to be determined by the manufacturer and such specifications shall be submitted to the Planning Commission.
SECTION 21.1 PURPOSE
It is the purpose of zoning to regulate the sizes, bulk, height and types of uses and structures in various districts to protect the general health, safety and welfare of residents living within each district. The following Schedule of Regulations stipulates the minimum allowable areas for land and buildings in each district as defined in this ordinance.
No structure shall be erected, nor shall an existing building be altered or enlarged unless it conforms with the minimum area, and setback requirements and maximum building heights as established for each district in this ordinance. Nor shall any open space surrounded by structures be encroached upon unless such encroachment is in conformance with the regulations set forth in this ordinance.
SECTION 21.2 FOOTNOTES TO SCHEDULE OF REGULATIONS
A. The minimum floor area per dwelling unit shall not include area of basements, breezeways, porches or attached garages.
B. Minimum land area per dwelling unit in the R-M District shall be:
LAND AREA IN SQUARE FEET
Dwelling Unit Type Minimum Lot Area per Dwelling Unit
o Single-family • 12,000 sq. ft.
o Two-family • 10,000 sq. ft.
o Three-family • 8,000 sq. ft.
o Four-family • 6,000 sq. ft.
o Efficiency apartment • 4,000 sq. ft.
o One bedroom apartment • 4,500 sq. ft.
o Two bedroom apartment • 5,000 sq. ft.
o Three bedroom apartment • 5,500 sq. ft.
C. Minimum required separation between dwelling structures on the same lot (condominiums, duplexes, town houses, and apartments) shall be the following:
o FRONT YARD = 75 Ft
o SIDE YARD = 50 Ft
o REAR YARD = 50 Ft
Minimum yard setback requirements between multiple dwellings, condominiums, duplexes, patio houses, town houses, atrium houses and garden apartments, and corresponding front, side and rear property lines shall conform to the requirements of Table A for the district in which such dwellings are located.
(Effective Date: March 1, 2006)
D. The minimum required floor space and width per dwelling unit shall be:
Dwelling Unit Type
Minimum Floor Area
Minimum D.U. Width
1,000 sq. ft
|1,000 sq. ft.
|800 sq. ft
|800 sq. ft.
|350 sq. ft.
One bedroom apartment
|500 sq. ft.
Two bedroom apartment
|700 sq. ft.
Three bedroom apartment
|800 sq. ft.
E. Minimum front yard setback on waterfront lots shall be fifty (50) feet from the ordinary high water mark, except for Lake Huron waterfront lots which shall be sixty (60) feet. All waterfront lots shall be subject to the greenbelt requirements of Section 4.31.(Effective Date: March 1, 2006)
F. For waterfront lots created after the effective date of this amendment, the minimum lot width shall be one hundred (100) feet. (Effective Date: August 21, 2002)
SCHEDULE OF REGULATIONS
PRESQUE ISLE TOWNSHIP
OFF-STREET PARKING, LOADING AND UNLOADING
REQUIREMENTS AND STANDARDS
SECTION 22.1 PURPOSE
In all zoning districts, off-street parking facilities for the storage and parking of motorized vehicles for the use of occupants, employees or patrons of the buildings hereafter erected, moved to, or set on a site shall be provided in accordance with the provisions herein prescribed. Such space shall be maintained and not be encroached upon by a new or existing building unless an equivalent number of appropriate parking spaces are provided elsewhere in conformance with this ordinance.
SECTION 22.2 DETERMINATION OF PARKING SPACES
A. NUMBER OF SPACES
When units or measurements determining the number of required parking spaces result in a fractional space measurement, any fraction including one-half (1/2) or more shall be construed as one (1) full parking space.
B. DOUBLE COUNT
Loading spaces as required in this ordinance shall not be construed as part of the minimum required parking spaces for any facility.
C. LOCATION OF SPACES
Residential dwellings - The off-street parking facilities required for residential dwellings shall be located on the same lot or adjacent or abutting property on which the dwelling units they are intended to serve are located. Such parking shall be situated behind the front setback line and shall consist of a parking strip, parking apron or garage, and have adequate drainage. There shall be a minimum distance of five (5) feet between said parking facility and/or driveway and the side lot line of the property on which said facility is located.
Commercial, industrial, recreational uses - The off-street parking facilities required for commercial, industrial and recreational activities may be located on the same lot or in parking lots conveniently situated or in close proximity to such activities. Such parking facilities shall be paved with concrete, asphaltic or crushed rock materials, and be furnished with adequate drainage.
SECTION 22.3 PARKING LOT PLANS
The construction of any parking lot shall be in accordance with the requirements of the provisions of this ordinance. Such construction shall be approved by the Zoning Administrator and the Planning Commission before actual use of the site as a parking lot, and before a certificate of occupancy is issued. Plans for parking lots shall be drawn at a scale of not less than one (1) inch = fifty (50) feet. Such plans shall contain the overall dimensions of the proposed parking lot; the number of parking spaces; the size of each space (a typical dimension is sufficient); the angle of each parking space; the size of turn-around areas and aisles; points of ingress and egress; landscaping, if any; location of adjacent main building; type of surface covering; direction and slope of drainage; and critical surrounding natural areas, such as lakes or streams.
A. All illumination (lighting) for off-street parking areas shall be installed in such a manner as not to concentrate light in a disturbing manner upon adjacent structures.
B. The depth of the front yard setback applicable to the district in which the parking facility is located shall apply to the parking area.
C. Plans for the layout of off-street parking facilities shall be in accordance with the following minimum regulations:
Maneuvering Lane Width
Total Width of Two Tiers of
Spaces Plus Maneuvering Lane
0 degrees - parallel parking
8 ft. 6 in.
30 - 53 degrees
54 - 74 degrees
75 - 90 degrees
9 ft. 6 in.
1 & 2 - Minimum parking space dimensions for a plan not provided for in the following regulations shall be nine (9) feet six (6) inches in width, twenty (20) feet in length and one hundred ninety (190) square feet in area.
SECTION 22.4 PARKING RESTRICTIONS
Off-street and on-street parking of vehicles shall be further restricted by the following requirements:
A. PARKING DURATION - Except when land is used as storage space in connection with the business of a repair or service garage, or with the consent of the proprietor, a twenty-four (24) hour time limit for parking in non-residential off-street parking areas shall prevail.
B. RESTRICTIONS FOR PARKING ON PRIVATE PROPERTY (Revised Date: June 14, 2012)
1. Authorized Use:
a. In the R-1 and R-2 zoning districts, parking of Motor Vehicles or Recreational Vehicles is limited to driveways, and developed turnouts.
b. In the R-1 and R-2 zoning districts, no Recreational Vehicles shall be parked in the front yard of waterfront properties nor shall parking be permitted in any portion of a driveway extending into the front yard of any waterfront property.
2. Unauthorized Use:
a. It shall be unlawful for any person, firm or corporation to park any motor vehicle on any private property, or use said private property for vehicle storage, or use any portion of any private property as parking space without the expressed consent, authorization, or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. Complaints pertaining to violations of this section shall be made by the owner, or trustee of such property.
C. EFFECTIVE ORDINANCE
After the effective date of this ordinance, it shall be unlawful for the owner, tenant or lessee of any lot parcel or tract of land in a residential district or in the residential area of any other district to permit or allow the open storage or parking, either day or night, of semi-trucks, semi-truck trailers, mobile homes, bulldozers, earth carriers, draglines, cranes, steam shovels and/or commercial hauling vehicles or equipment. It is provided, however, that the owner, tenant or lessee of a farm may openly store farm machinery and equipment on his farm. Further that machinery and equipment required during construction and/or service vehicles shall be exempted from this restriction.
SECTION 22.5 TABLES OF OFF-STREET PARKING REQUIREMENTS
The amount of required off-street parking space for new uses or buildings, additions, thereto, and additions to existing buildings previously specified, shall be determined in accordance with the following parking standards:
NUMBER OF MINIMUM PARKING
A. INSTITUTIONAL AND ASSEMBLY SPACES PER UNIT OF MEASURE
1. Churches or temples;One (1) for each three (3) seats or six (6) feet of pews in the main unit of worship.
2. Homes for the aged and convalescent homes;One (1) for each four (4) beds.
3. Private clubs or lodge halls; One (1) for each three (3) persons allowed within the maximum occupancy load as established by local, county, or state fire, building or health codes.
4. Private golf clubs, golf clubs, swimming and pool clubs, tennis clubs; Six (6) for each one (1) golf hole or one (1) for each one (1) employee, plus other similar uses spaces required for each accessory use, such as a restaurant or bar.
5. Theaters and auditoriums,Arenas, Stadiums, Outdoor Assembly; One (1) for each three (3) seats, plus one (1) for each two (2) employees.
6. Nursery school, day nurseries or child care centers; One (1) for each three hundred fifty (350) square feet of usable floor space.
B. BUSINESS AND COMMERCIAL
1. Planned commercial or shopping center; One (1) for each one hundred fifty (150) square feet of usable floor area.
2. Auto wash (automatic);One (1) for each one (1) employee. In addition, reservoir parking spaces equal in number to five (5) times the maximum capacity of the auto wash. Maximum capacity of the auto wash shall mean the greatest number of automobiles possible undergoing some phase of washing at the same time, which shall be determined by dividing the length in feet of each wash line by twenty (20).
3. Auto wash (self-service or coin operated); Five (5) for each washing stall in addition to the stall itself.
4. Beauty parlor or barber shop;One (1) space for each beauty or barber chair.
5. Bowling alleys; Five (5) for each one (1) bowling lane,plus spaces for accessory uses.
6. Dance halls, pool or billiard parlors, roller or skating rinks, exhibition halls and assembly halls without fixed seats; One (1) for each two (2) persons allowed within the maximum occupancy load as established by local, county,or state fire, building, or health codes.
7. Establishment for sale and consumption on the premises of beverages, food or refreshments,One (1) for each seventy-five (75) square feet of usable floor space or one (1) for each three (3) persons allowed within the maximum occupancy load as established by local, county, or state fire, building or health codes.
8. Furniture and appliance shops, showroom of a plumber, household equipment repair, electrician, or similar trade, shoe repair, and other similar uses; One (1) for each eight hundred (800) square feet of usable floor area. (For that floor area used in decorator, electrician, or similar processing, one (1) additional space shall be provided for each two (2) persons employed therein.)
9. Gasoline service stations; Two (2) for each lubrication stall, rack, or pit; and one (1) for each gasoline pump.
10. Laundromats and coin-operated dry cleaners; One (1) for each three (3) washing and/or dry-cleaning machines.
11. Mortuary establishments; One (1) for each one hundred (100) square feet of assembly room usable floor space.
12. Motel, hotel, or other commercial lodging establishments; One (1) for each one (1) occupancy unit plus one (1) for each one (1) employee.
13. Motor vehicle sales and service establishments One (1) for each four hundred (400) square feet of usable floor space of sales room and one (1) for each one auto service stall in the service room.
14. Retail stores except as otherwise specified herein;One (1) for each one hundred fifty (150) square feet of usable floor space.
1. Banks, business offices, professional offices, such as doctors, dentists, lawyers, or similar professions; One (1) for each two hundred (200) square feet of usable floor space.
1. Industrial or research establishments and related accessory offices One (1) for each two (2) employees in the largest working shift. Space on site shall also be provided for all construction workers during periods of plant construction.
2. Warehouses and wholesale establishments and related accessory offices; One (1) for every one (1) employee in the largest working shift, or one (1) for every one thousand seven hundred (1,700) square feet of usable floor space, whichever is greater.
SECTION 22.6 OFF-STREET LOADING AND UNLOADING REQUIREMENTS
On the same premises with every building, or part thereof, erected and occupied for manufacturing, storage, or commercial uses involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services in order to avoid undue interference with public use of the streets, alleys or any required access aisles for off-street parking areas.
• Such loading and unloading space, unless adequately provided for within a building, shall be an area ten (10) feet by fifty (50) feet, with a minimum fourteen (14) foot vertical clearance and shall be provided according to the following schedule:
GROSS FLOOR AREA IN SQUARE FEET
LOADING AND UNLOADING SPACES REQUIRED IN TERMS OF GROSS FLOOR AREA
||One (1) space
||One (1) space, plus one (1) space for each twenty thousand (20,000) square feet in excess of the original twenty thousand (20,000) square feet
||Five (5) spaces, plus one (1) space for each forty thousand (40,000) square feet in excess of the original one hundred thousand (100,000) square feet.
||Fifteen (15) spaces, plus one (1) space for each eighty thousand (80,000) square feet in excess of the original five hundred thousand (500,000) sqare feet.
(Effective Date: October 2, 2007)
SECTION 23.1 PURPOSE
The purpose of this Article is to regulate the size, placement, and general appearance of all privately owned signs in order to promote the public health, safety, and general welfare, to enhance the aesthetic desirability of the environment, and reduce hazards to life and property in Presque Isle Township.
SECTION 23.2 GENERAL PROVISIONS
Signs may be permitted for identification of premises, for providing information relative to the functions of the premises, or for advertising, subject to the provisions of this Article.
A. Maximum surface display area per side of any sign or billboard shall be computed as follows:
1. If a sign has only one (1) exterior face, the surface display area of that face shall not exceed the specified maximum.
2. If a sign has two (2) exterior faces, the surface display area of a single face shall not exceed the specified maximum.
3. If a sign has more than two (2) exterior faces, the sum of the surface area of all the faces shall not exceed twice the specified maximum.
4. In the case of a canopy sign, the copy area of the canopy shall be measured to determine total surface display area.
B. Signs may be illuminated in the C-1, C-2, I-1, I-2, CF & CM Districts only, but no flashing or moving illumination shall be permitted, except as otherwise expressly provided for under this Ordinance. Signs shall not revolve or move in any manner. The source of the illumination (lamp or light source) for any sign shall not be visible beyond the property lines of the parcel on which the sign is located.
C. Any sign not expressly permitted is prohibited.
SECTION 23.3 SIGNS PERMITTED IN ALL DISTRICTS
The following signs are permitted in all zoning districts subject to the following conditions:
A. Real Estate Signs
1. One (1) non-illuminated sign advertising the sale or lease of the lot or structure, and not more than two (2) directional signs.
2. Surface display area of such sign shall not exceed six (6) square feet per side in residential districts. Surface display area of such sign in the C-1, C-2, I-1, I-2, CF, CM, FR & EC Districts shall not exceed sixteen (16) square feet per side, and shall not exceed a height of six (6) feet above grade.
3. Such sign shall be located at least five (5) feet from the road right-of-way line.
B. Construction Signs
1. One (1) non-illuminated wall or freestanding sign announcing the names of individuals or firms responsible for a development under construction, alteration, or repair, and announcing the character or the purpose of the development.
2. Surface display area shall not exceed sixteen (16) square feet per side. The height of a freestanding sign shall not exceed six (6) feet from above grade.
3. Such sign shall be located at least five (5) feet from the road right-of-way line.
4. Such sign shall require a sign permit that shall authorize use of the sign for a period not to exceed one (1) year.
C. Development Entry Signs
1. A maximum of one (1) sign, which may be illuminated, shall be permitted at each entrance to a development.
2. Surface display area shall not exceed thirty-two (32) square feet, and the sign height shall not exceed six (6) feet above grade. Such sign shall have a base, and/or be landscaped at the base.
3. Such sign shall be located at least ten (10) feet from the road right-of-way line.
4. Such sign shall include only the names of the development and the developer, and the sign and structure shall be harmonious and appropriate in appearance with the existing and intended character of the general vicinity.
D. Temporary Political Signs
1. Temporary political signs are not permitted in the road right-of-way.
2. Political signs shall be removed within ten (10) days after the election to which they pertain.
E. Temporary Signs Advertising Charitable Events
1. Surface display area shall not exceed thirty-two (32) square feet per side, and the height of the sign shall not exceed six (6) feet.
2. Such a sign shall be located at least ten (10) feet from the road right-of-way line.
3. Temporary signs may be permitted for a period not to exceed thirty (30) days for purposes of advertising charitable events, and shall be removed within five (5) days after the event.
F. Directional signs conforming to the Michigan Manual of Uniform Traffic Control Devices.
G. Highway signs erected by the Michigan Department of Transportation and/or the Presque Isle County Road Commission.
H. Signs erected by governmental agencies including Presque Isle Township.
I. Historic signs designating sites recognized by the State Historical Commission.
J. Signs prohibiting hunting or trespassing, so long as they meet the requirements of the Michigan Department of Natural Resource standards.
K. Signs denoting utility lines, railroad lines, hazards, and precautions.
L. Memorial signs which are either cut in masonry or stone, or constructed of bronze or other metal.
M. Menu boards and drive-through signs in conjunction with a drive-through establishment.
N. Residential Identification Signs: signs that identify the residential owner or resident address, and which set forth no other information. Surface display area my not exceed four (4) square feet, must be non-illuminated, may not exceed (4) four feet in height, and must be placed behind the road right-of- way line.
SECTION 23.4 SIGNS IN FOREST RECREATION AND ENVIRONMENTAL CONSERVATION DISTRICTS (FR & EC)
Signs related to forest recreation or environmental conservation uses in the Forest Recreation and Environmental Conservation Districts shall be subject to the following limitations:
A. Identification Signs
1. One (1) non-illuminated sign identifying the recreation or conservation use.
2. Surface display shall not exceed sixteen (16) square feet in area, and the sign height shall not exceed four (4) feet above grade. Such sign shall have a base, and/or be landscaped at the base.
3. Such sign shall be located at least ten (10) feet from the road right-of-way line.
4. The sign shall be placed behind the road right-of-way line.
B. Home Occupation Signs
1. One (1) non-illuminated sign announcing a home occupation
2. Surface display area shall not exceed two (2) square feet. Except for signs that are located along US 23, which shall not exceed sixteen (16) square feet.
3. Such sign shall be attached flat against a building or wall, or may be a monument style sign, or set on posts with landscaping at the base, provided the height of the sign does not exceed four (4) feet. Except for signs located along US 23, which shall not exceed six (6) feet in height.
4. The sign shall be placed at least five (5) feet behind the road right-of- way line.
C. Yard or Garage Sale Signs
1. Three (3) non-illuminated signs announcing the sale.
2. Surface display area shall not exceed four (4) square feet, and shall not exceed four (4) feet above grade.
3. Signs shall be placed behind the road right-of-way line.
4. Signs shall be removed within five (5) days of the date that the sale ended.
SECTION 23.5 SIGNS IN RESIDENTIAL DISTRICTS ( R-1, R-2 and R-M)
Signs related to residential uses in residential districts shall be permitted subject to the following limitations:
A. Home Occupations Signs
1. One (1) non-illuminated sign announcing a home occupation.
2. Surface display area shall not exceed two (2) square feet. Except for signs that are located along US 23, which shall not exceed sixteen (16) square feet.
3. Such sign shall be attached flat against a building wall, or may be a monument style sign, or set on posts with landscaping at the base, provided the height of the sign does not exceed four (4) feet. Except for signs located along US 23, which shall not exceed six (6) feet in height.
4. The sign shall be placed at least five (5) feet behind the road right-of- way line.
B. Yard or Garage Sale Signs
1. Three (3) non-illuminated signs announcing the sale.
2. Surface display area shall not exceed four (4) square feet, and shall not exceed a height of (4) four feet above grade.
3. Signs shall be placed behind the road right-of-way line.
4. Signs shall be removed within five (5) days of the date that the sale ended.
C. Signs for nonresidential uses, such as institutions for human care, churches, educational or social institutions, and public utility buildings, permitted by special land use approval in residential districts, shall be permitted subject to the following limitations:
1. All limitations governing signs for professional and office uses in the Commercial zoning districts shall apply.
2. Surface display area for freestanding signs shall not exceed twenty-five (25) square feet per side, and shall not exceed a height of four (4) feet above grade. Said signs shall have a base, and/or be landscaped around the base.
SECTION 23.6 SIGNS IN THE NEIGHBORHOOD COMMERCIAL, COMMUNITY FACILITIES AND COMMERCIAL MARINA DISTRICTS (C-1, CF & CM)
Signs shall be limited to the following:
A. One (1) wall or canopy sign.
1. Sign shall not project above the roofline or parapet.
2. Surface display area shall not exceed ten (10) percent of the building façade. However, no sign shall exceed on sixteen (16) square feet.
3. In the case of several tenants utilizing a common customer access, such as a shopping mall or office building, one (1) common wall sign shall be permitted, provided that such sign does not provide more than two (2) square feet of surface display area for each tenant listed, up to a maximum of ten (10) percent of the building façade.
B. One (1) Monument Sign per lot or parcel.
1. In no case, may monument signs exceed sixteen (16) square feet in surface area if the lot on which the sign is located has less that two hundred (200) feet of lot frontage on the road toward which that sign is primarily oriented, twenty-four (24) square feet on lots with two hundred (200) or more, but less than four hundred (400) feet of lot frontage, and thirty-two (32) square feet on lots with four hundred (400) or more feet of frontage.
2. Such sign shall be located (10) ten feet behind the road right-of-way line. Further, a monument sign shall not be located within twenty (20) feet of the intersection of the access drive and the road right-of-way line. Any sign shall provide a clear view for drivers and pedestrians, and shall not obstruct the view of on coming traffic.
3. A monument sign shall not exceed a height of four (4) feet above grade level, and shall be a erected on a base, and be landscaped about the base.
C. Automobile Service and Gasoline Station Signs
1. One (1), two-sided sign indicating price and grade of gasoline, each side not to exceed twelve (12) square feet in surface display area, may be erected.
D. Temporary Grand Opening Signs
1. One (1) such sign may be permitted for a period not to exceed fifteen (15) days for those businesses which are new to a particular location.
2. Surface display area shall not exceed twenty (20) square feet per side.
3. Such sign may be illuminated, providing there shall be no flashing lights, or moving lights or parts of the sign.
4. Such sign shall be located at least ten (10) feet from the road right-of-way line.
5. Wind-blown devices, such as pennants, spinners, and streamers shall also be allowed on the site of the business advertising a grand opening for the fifteen (15) day time period designated for the grand opening sign.
E. One (1) easel or tent-style sign for purposes of providing specific information to consumers regarding products or services the business offers, such as is found on sandwich boards. Said sign may not exceed ten (10) square feet in surface area, and may not be more than five (5) feet in height.
SECTION 23.7 SIGNS IN THE COMMERCIAL DISTRICT (C-2)
Signs shall be limited to the following:
A. One (1) wall or canopy sign.
1. Sign shall not project above the roofline or parapet.
2. Surface display area shall not exceed ten (10) percent of the building façade. However, no sign shall exceed on thirty-two (32) square feet.
B. One (1) Monument Sign per lot or parcel which is landscaped at the base.
1. In no case, may monument signs exceed thirty-two (32) square feet in surface area if the lot on which the sign is located has less than two hundred (200) square feet of lot frontage on the road toward which that sign is primarily oriented, forty-eight (48) square feet on lots with two hundred (200) or more, but less than four hundred (400) feet of lot frontage, and sixty (60) square feet on lots with four hundred (400) or more feet of frontage.
2. Such sign shall be located (20) twenty feet behind the road right-of line. Further, a monument sign shall not be located within thirty (30) feet of the intersection of the access drive and the road right-of-way line. Any sign shall provide a clear view for drivers and pedestrians, and shall not obstruct the view of on coming traffic.
3. A monument sign shall not exceed a height of five (5) feet above grade level, and shall be erected on a base, and be landscaped about the base.
C. Automobile Service and Gasoline Station Signs
1. One (1), two-sided sign indicating price and grade of gasoline, each side not to exceed twelve (12) square feet in surface display area, may be erected.
2. Temporary Grand Opening Signs
a. One (1) such sign may be permitted for a period not to exceed fifteen (15) days for those businesses which are new to a particular location. Surface display area shall not exceed twenty (20) square feet per side.
b. Such sign may be illuminated, providing there shall be no flashing lights, or moving lights or parts of the sign.
c. Such sign shall be located at least ten (10) feet from the road right-of-way line.
d. Wind-blown devices, such as pennants, spinners, and streamers shall also be allowed on the site of the business advertising a grand opening for the fifteen (15) day time period designated for the grand opening sign.
e. One (1) easel or tent-style sign for purposes of providing specific information to consumers regarding the products and services the business offers, such as sandwich boards. Said sign may not exceed ten (10) square feet in surface area, and may not be more than five (5) feet in height.
SECTION 23.8 SIGNS IN THE INDUSTRIAL AND EXTRACTIVE/HEAVY INDUSTRY DISTRICTS
Signs shall be limited to the following:
A. One (1) wall or canopy sign.
1. Sign shall not project above the roofline or parapet.
2. Surface display area shall not exceed ten (10) percent of the building façade. However, no sign shall exceed on fifty (50) square feet.
B. One (1) Monument Sign.
1. In no case, may monument signs exceed seventy-five (75) square feet in surface, and shall be landscaped at the base.
2. Such sign shall be located (30) thirty feet behind the road right-of-way line. Further, a monument sign shall not be located within fifty (50) feet of the intersection of the access drive and the road right-of-way line. Any sign shall provide a clear view for drivers and pedestrians, and shall not obstruct the view of on coming traffic.
3. A monument sign shall not exceed a height of six (6) feet above grade level, and shall be erected on a base, and be landscaped about the base.
SECTION 23.9 EXISTING NON-CONFORMING SIGNS
A. It is the intent of this Section to permit the continuance of a lawful use of any sign or billboard existing at the effective date of this Ordinance, although such sign or billboard may not conform to the provisions of this Ordinance. It is the intent of this Section that nonconforming signs and billboards shall not be enlarged upon, expanded, or extended. Further, it is the intent of this Section that nonconforming signs and billboards shall be gradually eliminated and terminated upon their natural deterioration or accidental destruction. The continuance of all nonconforming signs and billboards within Presque Isle Township shall be subject to the conditions and requirements set forth in this Section.
B. The faces, supports, or other parts of any nonconforming sign or billboard shall not be structurally changed, altered, substituted, or enlarged, unless the resultant changed, altered, substituted, or enlarged sign or billboard conforms to the provision of this Article for the district in which it is located, except as otherwise provided for in this Section. If the face, supports, or other parts of a nonconforming sign or billboard is structurally changed, altered, or substituted in a manner that reduces the nonconformity, the Zoning Administrator may approve the change.
C. Nothing in this Section shall prohibit the repair, reinforcement, alteration, improvement, or modernization of a lawful nonconforming sign or billboard, provided that such repair, reinforcement, alteration, improvement, and modernizing do not exceed an aggregate cost of thirty (30) percent of the appraised replacement cost of the sign or billboard, as determined by the Zoning Administrator, unless the subject sign or billboard is changed by such repair, reinforcement, alteration, improvement, or modernization to a conforming structure. Nothing in this shall prohibit the periodic change of message on any billboard.
D. Any lawful nonconforming sign or billboard damaged by fire, explosion, or an act of God, or by other accidental causes, may be restored, rebuilt or repaired, provided that the estimated expense of reconstruction does not exceed thirty (30) percent of the appraised replacement cost thereof, as determined by the Zoning Administrator.
E. Whenever the activity, business, or usage of a primary premises to which a sign is attached or related, has been discontinued for a period of ninety (90) days or longer, such discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming sign attached to the premises. At the end of this period of abandonment, the Zoning Administrator shall give notice to the person responsible for the nonconforming sign, that said sign shall either be removed, or altered, to conform to the provisions of this Article within thirty (30) days.
F. The Township Board may acquire any nonconforming sign or billboard, with or without acquiring the property on which such sign or structure is located, by condemnation, or other means, and may remove such sign or structure.
SECTION 23.10 REQUIRED INFORMATION AND FEES FOR SIGN PERMITS
All signs shall require a Land Use Permit. Application for a sign permit shall be made to the Zoning Administrator by submission of the required forms and fees, exhibits and information by the owner of the property on which the sign is to be located, his agent, or lessee.
A. The application shall contain the following information:
1. The property owner's, sign owner's, and applicant's name and address.
2. Address of the property on which the sign is to be situated.
3. Description of business to which the sign relates, and purpose of the sign.
4. Drawing of the sign that includes a description of sign type, sign height, total surface display area in square feet, proposed graphics, and/or sign copy.
5. Site drawing that depicts lot and building dimensions, right-of-way line location, and proposed setback from road right-of-way line.
B. The Zoning Administrator shall not approve plans or issue a Land Use Permit for any sign that does not conform to to the provisions of this Ordinance.
SECTION 24.1 PURPOSE
The purpose of a Planned Unit Development (PUD) is to permit and encourage design flexibility within the existing R-2 zones using the special use permit procedure. It has the potential of eliminating the current single-family, large-scale residential design and substituting in its place a diversity of types and location of dwelling units, allowing a more efficient use of land for circulation, open space and utilities. It is also intended to minimize adverse environmental impacts by harmonious utilization of the existing physical identity of the area. The PUD approach provides for recreational facilities within the development, enhances the ability of designers to coordinate architectural design and building placement, and upgrades the overall quality of new residential construction.
SECTION 24.2 PROCEDURES FOR APPLICATION AND APPROVAL
The procedure of application and approval of a PUD permit shall include one (1) or more informal conferences between the applicant and the Zoning Administrator. The applicant shall inform the Zoning Administrator of the applicant's general intentions at this time. The Zoning Administrator may request representatives from county and township agencies (fire department, county parks and recreation commission, county sheriff, county road commission and other such agencies) to attend such informal conferences.
After such informal conferences, the applicant shall then file a preliminary development plan with the Zoning Administrator for purposes of obtaining a special use permit. The Planning Commission shall review the application for completeness at its next regular meeting, and if it is deemed complete, set a public hearing as provided in Section 18.2.
SECTION 24.3 CONCEPT PLAN REQUIREMENT
The applicant shall submit during the pre-application conference, a concept plan including types and placement of residential structures; utilities and public facilities, such as schools, fire departments, recreational facilities; minimum lot sizes; densities; environmental treatment; pedestrian and auto circulation; commercial and industrial areas, if applicable; conformity of the proposed development with surrounding uses; financing of the project; type of homeowners' organization, if any; and all other information local administrative agencies and legislative bodies may require to gain a satisfactory understanding of the proposed development.
SECTION 24.4 PRELIMINARY PLAN REQUIREMENTS
Following the presentation of, and any deliberation pertinent to, the concept plan, the applicant shall submit a preliminary plan. The preliminary plan is specifically intended to include enough detail for administrative and legislative analysis for approval or denial of a special use permit.
The preliminary plan must be more detailed than the concept plan and contain the following:
A. A written document giving the legal description of the property as indicated in the deed of ownership; a statement of the objectives of the planned development including phasing of residential, public and commercial areas; and future selling and/or leasing intentions and accompanying management techniques.
B. Graphic presentations including a base map with topographic identification (preferably using five (5) foot contour intervals) and important environmental features including water bodies, vegetation (type and size) and soils. Additional maps should contain proposed lot lines, location and floor area dimensions of buildings, areas to be dedicated for public use, existing and proposed pedestrian and vehicular circulation, off-street parking, layout of proposed and existing utility systems, general landscape plans, information pertinent to the identification of areas adjacent to the proposed development, and a general description of the architectural and landscape elements on the perimeter of the planned development.
SECTION 24.5 FINAL PLAN REQUIREMENTS
Following approval of the preliminary plan, the applicant shall submit a final plan. The final plan is to encompass all the elements of the preliminary plan, plus all changes and/or conditions stipulated by the Planning Commission at the public hearing for the preliminary plan. The final plan shall include enough detail in written and graphic presentation to assure the Township Board that the proposed Planned Unit Development will conform to all state and local requirements as well as reflect, as closely as possible, the finished Planned Unit Development.
SECTION 24.6 APPROVAL OF FINAL PLAN
Upon submittal of the preliminary plan to the Planning Commission and approval of a special use permit by the Planning Commission, with or without recommended modifications and stipulations, the applicant must, within a period of three (3) months to one (1) year from the date of approval of the special use permit present to the Zoning Administrator the final development plan. The Zoning Administrator shall submit the final, detailed plan to the Planning Commission, which shall review it within thirty (30) days of such submittal.
The final plan should not deviate substantially from the approved preliminary plan. The final plan shall be in compliance with the preliminary plan if the following conditions have been met: (1) the final plan does not violate the content of the ordinance; (2) the lot area requirement has not been changed by more than ten percent (10%); (3) land reserved for open space (common and usable) has not been reduced by more than ten percent (10%); and (4) the total building coverage has not increased by more than five percent (5%).
The final plan should include site plans applicable to legal recording criteria and engineering drawings. Drawings and plans presented in a general fashion in the preliminary stage shall be presented in detailed character in the final plan.
Any modifications not included in the preliminary plan must be reviewed by the Planning Commission and legal documents, such as easements, agreements, the final draft of articles of incorporation, and any indentures as well as dedications, shall be submitted by the applicant.
The final development plan shall be reviewed by the Planning Commission and members of other appropriate agencies. The Planning Commission shall then approve the final plan, disapprove it or approve it with modifications. No public hearing is necessary, and if approval is given by the Planning Commission, the legislative body shall accept and record site maps and plans, dedicated streets, properties and open spaces, rights-of-way, and any additional dedications within the development.
SECTION 24.7 DESIGN REQUIREMENTS
Since the PUD concept is to allow more flexibility in design while retaining control through review procedures, the design standards incorporated into a PUD ordinance should be less structured than found in a standard residential zone or subdivision regulation, yet formal enough to insure desired performance. These design requirements also offer incentives to developers to invest in PUD's.
Density: Density increases can be allowed for Planned Unit Development over and above those allowed in the original R-2, and Agricultural zones. Since successful PUD design can occur in almost any sized area, the planned development shall not be allowed on any site of less than two (2) acres. It should be controlled by one (1) owner or group of owners, and be planned and developed as a single unit.
Lot Size Variations: Lot sizes shall be computed using gross acreage computations. Land utilized for public utilities, such as easements and flood plain areas, shall not be included in determining computations for gross development areas. A fixed percentage of streets within the proposed development shall be subtracted from the computed gross area figure, and the result shall be divided by the minimum lot requirements (after density bonuses have been arrived at by the methods described below) of the zoning district within which the PUD is located. The result will define the maximum number of residential units allowed.
Density increases are to be permitted for the following amenities:
• Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases not to exceed fifteen percent (15%), provided these factors make a substantial contribution to the objectives of a Planned Unit Development. The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increase which the Planning Commission shall approve.
Open Space: Open spaces are an important facet of the community's environment and character. The PUD approach is an efficient "tool" in preserving and enhancing open spaces, particularly recreational areas within residential developments. Open space shall be distinguished as private (for personal or family use), common (for use by all homeowners in the PUD), and public (open to all members of the general public).
The following open space requirements shall be adhered to in all PUD's to provide for the integration of efficient and extensive areas into the existing open space system of the community. These areas should be easily accessible to all residents of the PUD. Required open space shall comprise at least forty percent (40%) of the total gross area. Not less than fifty percent (50%) of the net area of the property shall be open space devoted to planting, patios, walkways and recreational uses, but excluding areas covered by dwelling units, garages, carports, parking areas or driveways. Net area is defined as the site area less all land covered by buildings, streets, parking lots or stalls, driveways and all other paved vehicular ways and facilities. Common open space shall comprise at least twenty-five percent (25%) of the gross area of the Planned Unit Development to be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development.
Active open spaces for recreational purposes should not be less than six thousand (6,000) square feet in area.
Any portions of the PUD site, if deemed environmentally significant, may, upon review by the Planning Commission, be preserved in their natural state.
Homeowners Association: Homeowners associations have the advantage of enabling the residents of a PUD to control, through ownership and maintenance, common open space areas and private streets, thereby eliminating or substantially decreasing maintenance costs to the local government.
If the developer chooses to institute a homeowners association, the following minimum criteria must be met:
A. The homeowners' association must be set up before the homes are sold.
B. Membership must be mandatory for each home buyer and any successive buyer.
C. The open space restrictions must be permanent, not just for a period of years.
D. The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
E. Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.
F. The association must be able to adjust the assessment to meet changed needs. The above stipulations have the advantage of insuring the economic viability of the homeowners' association and preserving open space areas within the community.
The developer must file a restrictive covenant with the Register of Deeds at the time the final plan is approved, guaranteeing those open spaces included in the final plan will remain open for their designated purposes, or for other open space uses desired by the homeowners' association.
Environmental Design Requirements: The Planning Commission shall require the following in accordance with applicable provisions of this ordinance: The preservation of existing trees, predominant shrubbery, waterways, scenic viewing areas, historic points, flood plain preservation and the planting of vegetation or placement of protective cover on slopes of twenty percent (20%) or greater to minimize hillside erosion resulting from residential development and consequent streets and walkways.
Traffic Circulation: Internal circulation systems and points of ingress and egress with external traffic flow must be coordinated within the PUD and in relation to the community as a whole. These systems should promote safety, convenience, easy access, separation of vehicles from pedestrians, and enhance the overall physical design of the PUD. Vehicular circulation systems in PUD's should not be connected with external streets to encourage through traffic. Emergency access and safety standards should be adhered to. These standards apply to the location of residences relative to the community and the overall design of the PUD.
Private Streets: Private streets, particularly in Planned Unit Developments must be designed to accommodate anticipated traffic loads including volume, vehicular weight and size, speed, emergency vehicles and turning radii. Those developments with homeowners' associations may maintain private streets within the development through agreements of indenture. All private streets can deviate from existing public street standards if, upon review and recommendation by the fire chief, sheriff, county drain commission, road commission and the Planning Commission authorizes such modifications within the PUD, and health, safety and welfare requirements are met.
For purposes of utility easements, all private streets in the PUD with underground utilities should be dedicated to the local government, which will maintain these streets.
Private streets may be dedicated into the public street system if the owners of these streets fully agree to accept all expenses for any required upgrading to public street standards, and agree to dedicate these streets without compensation by the local government. The following residential street standards should be adhered to, unless modification is permitted by the Planning Commission.
|TYPE OF STREET
|Residential dead end or local street
||Over 200 dwellings
||or any commercial use
These standards are commensurate with traffic flow and safety standards for various densities.
Parking Standards: Parking standards are an important element of a PUD design process and should adhere to high design and safety standards. The following minimum requirements shall be adhered to:
A. For each dwelling unit, there shall be off-street parking spaces consisting of not less than two hundred (200) square feet each.
B. Parking areas shall be arranged so as to prevent through traffic to other parking areas.
C. Parking areas shall be screened from adjacent roads, structures and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls.
D. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
E. No more than sixty (60) parking spaces shall be accommodated in any single parking area.
F. All streets and any off-street loading area shall be paved, and the design thereof approved by the Planning Commission; all areas shall be marked so as to provide for orderly and safe loading, parking and storage.
G. All parking areas shall adequately be graded and drained to dispose of all surface water without erosion, flooding or other inconveniences.
Perimeter Treatment: To provide adequate separation between the PUD and the surrounding community, a minimum thirty (30) foot buffer zone shall be established on the perimeter of the development, in which no structures are to be located and adequate screening and landscaping or protection by natural features will be established. In those cases where, because of natural topography, this screening and landscaping requirement cannot be met, and adequate privacy and separation is not possible, the Planning Commission may require structures on the perimeter to be set back in accordance with the requirements established for the zoning district in which the PUD is located. Those structures within this category should be adequately screened or landscaped.
SECTION 24.8 GENERAL STANDARDS
The principal advantage of a Planned Unit Development, flexibility in design, should be followed in determining general building and site standards. These should conform to minimum performance criteria rather than to specific building code dimensions and requirements found in established residential zones. The following guidelines shall be established in the determination of structural siting on lots; reduction of spacing is based upon standards within the existing zones.
Building Spacing: When the building is designed to provide adequate privacy to its residents including adequate window space, there may be a reduction in the spacing of buildings. Those residents which have no windows or windows at higher levels, and have adequate light and ventilation from other areas of the room, may decrease building spacing. Residences incorporating effective utility spaces in side yards should be eligible for reduced separation between houses. Where building configuration incorporate the above criteria, and have unusual shapes, the spacing of structures may be reduced.
Front Yard Requirements: In those areas where street design reduces traffic flow, adequate screening or landscaping is provided, the residence is facing onto a common open space, or through interior room design minimizing use of the front yard, front yard requirements may be reduced.
Lot Width Requirements: Those lots which have an awkward configuration, yet allow adequate light and ventilation between structures, may reduce their lot width requirements while maintaining adequate light, ventilation and access.
Building Heights: To insure adequate light, ventilation and open space amenities in the PUD, while allowing a variety of building types and densities, building heights should be part of the review process. However, to protect the character of the area, a maximum building height of thirty (30) feet should be instituted.
SECTION 25.1 SCOPE
For the preservation of the interests of the various types of residential developments which should be permitted in every community, and for the protection of the residents of any mobile home type development, these regulations are considered as minimum standards to be applied to all mobile home park developments in the township.
SECTION 25.2 REGULATIONS
All mobile home parks shall comply with the applicable requirements of P.A. 419 of 1976, as amended and Mich. Mobile Home Commission Rules and shall comply as required with the following additional regulations.
Space: Each mobile home park shall contain at least ten (10) acres of residential development. On each mobile home lot there shall be provided an open unobstructed area to insure privacy, adequate natural light, ventilation and a sufficient area for outdoor uses essential to each mobile home.
Access: All mobile home parks shall afford direct access, ingress and egress, to a major thoroughfare as shown on the comprehensive development plan, or a county primary road as designated by the county road commission or a state highway, with no openings closer than one hundred (100) feet to a side property boundary line.
Convenient access shall be provided to each mobile home lot by a minimum fourteen (14) foot access route reserved for necessary maneuvering of mobile homes into position on the lot.
Mobile Home Lots: Each mobile home lot shall be provided with a minimum of three thousand (3,000) p.s.i. concrete apron or pad of at least four (4) inches thickness, conforming substantially in dimension to the outside dimensions of the largest type of mobile home permitted to occupy that mobile home lot. The pad elevation shall be at least six (6) inches above the sidewalk or curb top at the street, and sloping toward the street. Pads on opposite sides of a roadway shall be a minimum of thirty-six (36) feet apart.
Adequate facilities for the storage and disposal of trash, garbage and other waste materials shall be provided at conveniently located points within one hundred fifty (150) feet of any given mobile home lot. All trash containers shall be situated on stands and shall be fly tight, water tight, rodent proof, and shall be sufficient in number and capacity to properly store all the accumulated refuse. Open storm drains are not permitted.
Utilities: All fuel oil and gas tanks shall be located in a uniform manner, elevated on a non-combustible stand placed on a concrete base, and be of an approved type to comply with building code standards and equipped with vent pipes and fused valves.
Utility Cabinets: Sheds or cabinets for storage of tools or equipment shall be limited to one (1) well maintained wood or metal structure per mobile home lot, not exceeding one hundred fifty (150) square feet in floor area or eight (8) feet in height, uniform in location at the rear of the mobile home lot.
Mobile Home: The skirting required to be installed in ninety (90) days shall conform to spec # R-125-1604 Mich. Mobile Home Commission Rule pursuant to P.S. 419 1976 as amended.
Canopies and awnings may be attached to a mobile home, as long as they do not extend more than ten (10) feet out from the mobile home, or be located past the ends or top of the mobile home.
An outdoor patio area of not less than one hundred eighty (180) square feet may be provided on each mobile home lot, conveniently located to the entrance of the mobile home and appropriately related to the open areas of the mobile home lot, at an elevation no lower than the pad elevation.
Landscaping: On the front of each mobile home lot there shall be placed at least one (1) hardy tree of minimum and one and one-half (1 1/2) caliper, of a species as approved by the Planning Commission. Standing trees existing at the time the mobile home park is constructed shall be retained whenever possible. A minimum twenty (20) foot wide greenbelt shall be placed on the mobile home boundary line wherever adjacent to a roadway, and all other locations where the Planning Commission deems it necessary for protection for or from adjacent uses. This area may not be counted as recreation space.
A lawn or naturally landscaped area shall be maintained on each mobile home lot wherever the ground is not covered by walks, patios, apron or utility cabinet.
Recreation: According to the needs associated with varying sized mobile home parks, there shall be provided the following minimum area on site for use as open recreation or playground:
A. Parks with forty (40) or less mobile home lots shall provide and develop in one (1) location a common use area at least equal in area to an aggregate of two hundred fifty (250) square feet per each mobile home lot in the mobile home park.
B. Parks with over forty (40), but less than one hundred (100) mobile home lots, shall provide and develop open recreation space in one (1) or several properly located common use areas, an area totaling an aggregate of five hundred (500) square feet per mobile home lot in the mobile home park, of which one-half (1/2) (up to twenty thousand (20,000) square feet) shall be reserved for children's playground purposes.
C. Parks with one hundred (100) or more mobile home lots shall provide and develop open recreation space in one (1) or several properly located common use areas, an area totaling an aggregate of at least six hundred (600) square feet per mobile home site of which one-third (1/3) (up to thirty thousand (30,000) square feet) shall be reserved for children's playground purposes.
1. Playground areas shall be well drained, graded and developed with suitable ground cover and a variety of safe children's play equipment. The development and continued maintenance of each playground area shall be the responsibility of the park management.
2. A central recreation building, with pool and clubhouse facilities may be located in the mobile home park, in a location approved by the Planning Commission. Laundry and shelter buildings are also permitted if the following conditions are met:
a. The building must be centrally located or otherwise easily accessible to all residents of the park.
b. The building must be separated from all mobile residential units by a minimum distance of one hundred (100) feet.
SECTION 25.3 PERMIT APPLICATION
The construction, alteration or extension of a mobile home park shall be conducted in accordance with all applicable state and local regulations and this Ordinance, and only after obtaining a permit for same as provided for in this article.
In addition to the requirements set forth in Article 17 of this ordinance, a sketch plan shall accompany each permit application, in six (6) copies, giving the following information, plus any other related information requested by the Planning Commission.
A. Side boundary line locations and dimensions, plus the area of the mobile home park site.
B. Number, location and size of each mobile home lot and all common open spaces areas.
C. For each mobile home lot, the size and type of mobile home permitted or expected to be situated thereon.
D. Location and dimensions of roadways, walkways and parking areas.
E. Location and function of all service and other permanent buildings.
F. Location and size of on site and immediately adjacent natural features, including topography, wetlands, streams, lakes, ponds, drains and woodlands, along with a narrative description of changes to these natural features that will be caused by the development described in the permit application.
G. Location, size and usage of all on site and adjacent existing structures.
SECTION 25.4 PUBLIC HEARING
The Planning Commission may require a public hearing in which case notice shall be provided in accordance with normal practice to property owners located within one-half (1/2) mile of the site.
SECTION 25.5 SITE PLAN
After the Planning Commission has approved the sketch plan, and after the public hearing, if any, has been held, the applicant shall submit a Site Plan as provided for in Article 17 of this Ordinance. The Site Plan shall be submitted in six (6) copies and shall also conform to all specifications of the Mich. Mobile Homes Commission Rules. If rezoning is involved, it is at this point that this matter should be acted upon.
SECTION 25.6 APPROVAL
The permit application for a mobile home park development requires the approval of the Planning Commission and the Township Board. In reviewing the proposed development's acceptability, the following questions should be among those considered by both bodies prior to official action being taken. Appropriate state, county and local administrative and legislative personnel may be requested to participate in the review process.
A. Whether the proposed development is in accordance with the comprehensive development plan.
B. Whether the proposed development meets all the design standards of this ordinance, and other applicable local codes, regulations or ordinances.
C. Whether the density characteristics of the proposed development are detrimental to adjacent properties and land uses.
D. Whether the proposed development can be reasonably expected to constitute a health hazard or public nuisance to adjacent properties because of inappropriate or inadequate sanitation and/or drainage facilities.
E. Whether the proposed development produces an extreme or undue demand on available fire and police protection services.
F. Whether the traffic characteristics of the proposed development can be expected to place an extreme or undue burden on the adjacent publicly available vehicular and/or pedestrian circulation facilities.
SECTION 25.7 PERIODIC INSPECTION
The Zoning Administrator and/or his authorized agent or agents are hereby granted the power and authority to enter upon the premises of any mobile home park at any reasonable time for the purpose of investigating or enforcing any provisions of this ordinance, or related local ordinances applicable to mobile home park operations.
SECTION 26.1 ENFORCEMENT
The provisions of this ordinance shall be administered and enforced by a Township Zoning Administrator and/or deputy of same, designated and appointed by the Township Board. Said Zoning Administrator and/or deputy shall be compensated, subject to conditions and rate of pay as determined by the Township Board. The Zoning Administrator shall, among other duties, issue all permits and notices of violations provided for in this ordinance.
If the Zoning Administrator shall find any violations of this ordinance existing within the township, he shall notify in writing the person or persons responsible for such violations, indicating the nature of the violation and ordering any and all action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings and structures, or of illegal additions and/or alterations. The Zoning Administrator shall also order discontinuance of illegal work in progress, and shall take any further actions necessary to cause conformance with the requirements and intent of this ordinance.
SECTION 26.2 FEES IN GENERAL
Except as otherwise provided for in this ordinance, the Township Board shall, by resolution, adopt a fee schedule to be charged for all permits, certificates, and official actions required (such as administration of appeals). The board may revise said fees, by resolution, provided public notice of such change is published in a newspaper having general local circulation. Said notice is to appear not more than thirty (30) days nor less than eight (8) days prior to the effective date of these revisions.
These fees shall be collected by the proper official prior to issuance of any permit or certificate, and no permit is valid until the appropriate fee has bee paid.
SECTION 26.3 ZONING PERMITS
No building shall be constructed, altered, enlarged upon or moved, except as otherwise provided for in this ordinance, without a zoning permit issued by the Zoning Administrator. No permit shall be issued except in strict conformance with the regulations set forth in this ordinance.
The Zoning Administrator shall have the authority to issue permits and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. It shall be illegal for the Zoning Administrator to issue any permits or approve any plans for construction or excavation until he has inspected such plans in detail, and finds them to be in conformance with this ordinance.
SECTION 26.4 ZONING PERMIT APPLICATION (Revised date: June 14, 2012)
The Zoning Administrator shall require that every application for a zoning permit for excavation of land, and construction, removal, demolition or alteration of buildings, or change in type of use or type of occupancy be filed in triplicate and accompanied by a written statement, and dimensioned plats or plans drawn to scale showing the following:
A. The actual shape, dimensions and location of the lot.
B. The shape, size, location and dimensions of all buildings and structures to be constructed, altered, demolished or removed, and of any other buildings currently existing on the lot.
C. The uses of, and structures existing on, adjacent lots.
D. The existing and intended use of the lot, and of all such structures upon it, including in residential areas, the number of dwelling units the building is intended to accommodate.
E. The location and type of proposed septic and water systems.
F. The signature of the fee holder owner of the premises concerned.
G. Other such information concerning the premises or adjoining property as is deemed necessary by the Zoning Administrator to properly enforce the requirements of the ordinance.
One copy of the application shall be returned to the applicant by the Zoning Administrator. If the application does not conform to the ordinance, all copies shall be marked as disapproved and signed by the Zoning Administrator. The original and one (1) copy shall be retained and maintained on file by the Zoning Administrator for public inspection upon request during normal business hours.
At the time of approval, a construction card shall also be signed by the Zoning Administrator and issued to the applicant. Said card shall state the extent of work authorized and the date of issuance and termination, and shall be attached to and remain on the building until the authorized work is completed. The approval of the application and the issuance of the zoning permit shall not be binding upon the Township Board or Zoning Administrator if it is subsequently discovered that the plans or the completed buildings are not in full compliance with the provisions of the zoning ordinance, and all other applicable rules and regulations.
SECTION 26.5 EXPIRATION OF ZONING PERMIT
The approved zoning permit shall expire if the work described in the permit has not begun within a period of six (6) months from the date of issuance, re-application for permit would be required.
SECTION 26.6 CONFORMANCE WITH APPROVED PLANS
Zoning permits issued on the basis of plans and applications approved by the Zoning Administrator shall apply only to those uses, arrangements and construction authorized in the permit. All other uses and structures at variance with the authorized permit shall be deemed in violation of this ordinance and punishable as provided in Section 28.3.
SECTION 27.1 STATUTES OF NON-CONFORMING USES
Any lawful non-conforming use existing at the time of enactment of this ordinance may be continued, provided however, the building or the lot involved shall not be structurally altered or enlarged unless such revised structure conformed to the provisions of this ordinance for the district in which it is located and provided, further that this section shall not prohibit structural alterations as required by law.
SECTION 27.2 RECORD OF NON-CONFORMING USES
Immediately after the effective date of this ordinance, the Zoning Administrator shall undertake, or cause to be undertaken, a survey and record of all non-conforming uses of land, buildings or structures; also of mobile homes, tents, trailers and other such similar vehicles or structures existing at the date of adoption of this ordinance. Such record shall contain the name and address of the owner and occupants, the legal description of the property, description of buildings, structures and/or vehicular units upon the property, and the specific nature of the non-conforming use.
SECTION 27.3 FORFEITURE OF RIGHT TO CONTINUE NON-CONFORMING USE
When a non-conforming use of land is discontinued through abandonment, lack of operation or other similar situations, for a continuous period of six (6) months or longer, thereafter, no right shall exist to continue or maintain the structure or property as a non-conforming use, unless an extension of such use is granted by the Board of Appeals. No non-conforming use, after it becomes a permitted use in the district in which it is located, shall be allowed to return to a non-conforming status.
SECTION 27.4a RECONSTRUCTION OF NON-CONFORMING STRUCTURES OTHER THAN PREVIOUSLY EXISTING RENTAL LODGING UNITS
(Effective date: August 26, 2007)
Nothing in this ordinance shall prohibit the reconstruction, repair or restoration of a non-conforming dwelling, building, or structure damaged by fire, explosion, collapse or acts of public enemy, subsequent to the effective date of this ordinance provided that the cost of such reconstruction or repair shall not exceed two-thirds (2/3) of the fair valuation of the entire building or structure at the time the damage occurred. The fair valuation shall be determined by a certified appraiser whose decision shall be subject to the Board of Appeals. Such restoration shall begin within nine (9) months of the date on which damages occurred, and shall be completed within eighteen (18) months of the date of such damages. The reconstructed non-conforming use must be identical with the use of such property at the time of, and directly preceding, said damage. When a delay in reconstruction or repair is caused by pending insurance claims, the Zoning Administrator may extend the time limitations for beginning and completing work on a damaged non-conforming structure providing the property owner presents to the Zoning Administrator a written certification from the insurance company attesting to the delay.
SECTION 27.4b RECONSTRUCTION OF PREVIOUSLY EXISTING NON-CONFORMING RENTAL LODGING UNITS
(Effective date: August 26, 2007)
Nothing in this ordinance shall prohibit the reconstruction, repair or restoration of non-conforming Rental Lodging Units damaged by fire, explosion, collapse or acts of public enemy if these Rental Lodging Units meet the following provisions:
1. Two or more Rental Lodging Units including the non-conforming Rental Lodging Unit being reconstructed are used as income rental business, and
2. The owner provides proof of the non-conforming Rental Lodging Unit being used as a rental business in the form of income tax forms and/or personal property tax records.
Any construction on affected property where the non-conforming rental unit is to be restored or reconstructed shall be done by Special Use Permit in accordance with Article 19. The reconstruction, repair or rebuilding of the non-conforming rental lodging unit shall have the same square footage of living space with the same character of design as the original if the rental lodging unit was on thousand (1,000) square feet or more. Rental lodging units less than one thousand (1,000) square feet may be increased up to one thousand (1,000) square feet if the property can accommodate the increase. The method and timing of reconstruction to be followed shall be in accordance with Section 27.4a.
SECTION 27.5 REQUIRED BARRIERS
Until such time as debris from the damaged building or structure is completely removed or repaired, the owner shall be required to provide a barrier which will adequately prevent access by children attracted to the premises.
SECTION 27.6 NOTIFICATION OF NON-CONFORMING STATUS
Immediately after performing a survey and compiling a record of all non-conforming uses within the township, the Zoning Administrator shall prepare and send a registered letter to all owners of non-conforming uses of property notifying such property owners of the status of their non-conforming property, and the reason for such non-conformance status. A copy of each registered letter shall be retained on file in the office of the Zoning Administrator.
SECTION 27.7 NON-CONFORMING LOTS OF RECORD
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any non-conforming lot which was a lot of record at the time of adoption of this ordinance, said lot may be used for a single-family residence, provided the owner present to the Zoning Administrator his plans and specifications, and said plans and specifications meet the following requirements:
A. They conform and are compatible with abutting or surrounding properties, approval is granted by the Public Health Department, side yard setbacks are five (5) feet or more, and the lot is five thousand (5,000) square feet or more, with a minimum average width of fifty (50) feet or more. Upon meeting the aforementioned requirements, such non-conforming lots may be approved by the Zoning Administrator for single-family residence purposes.
B. The purpose of this provision is to permit utilization of single recorded lots which lack required width or depth as long as reasonable living standards can be assured to be maintained on said lot. Such lots must be in separate ownership and not of continuous frontage with other such non-conforming lots under the same ownership.
C. If any non-conforming lot or lots not meeting the relaxed requirement of this section are of continuous frontage with other such non-conforming lots under the same ownership, the owner shall be required to combine such lots to provide parcels which shall meet at least the minimum requirements defined in this section.
SECTION 27.8 NON-CONFORMING STRUCTURES
Where a lawful structure exists at the time of adoption of this ordinance and does not conform to the minimum requirements of area, lot coverage, height, yards, location on the lot or other requirements, such structure shall be allowed to exist, provided it is otherwise lawful, and shall be subject to the following provisions:
A. Such non-conforming structure shall not be altered or remodeled in a way which increases its non-conformity; its, size, however, may be altered in a manner which brings it into greater conformance with this ordinance.
B. Should such structure be moved to another lot, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
SECTION 27.9 NON-CONFORMING USES OF LAND
Where, at the time of passage of this ordinance, a lawful use exists which does not conform to the provisions of this ordinance, and where such use involves no structure or building which normally requires a building permit, the use may be continued as long as the following provisions are adhered to:
A. No such non-conforming use shall be enlarged or expanded to occupy a greater proportion of the lot area than that which was occupied at the effective date of this ordinance.
B. No such non-conforming use, in whole or in part, shall be moved from one (1) portion of the property to another portion of the property after the effective date of this ordinance.
C. No such non-conforming use shall be allowed to be abandoned or cease to be used for a period of six (6) months or longer. If such abandonment or cessation occurs for six (6) months or longer, the use must then conform to the regulations of the district in which such use is located.
D. Any additional structures which do not conform to the provisions of this ordinance shall not be erected in connection with such non-conforming use of land.
SECTION 27.10 NON-CONFORMING USES OF STRUCTURES
If a use involving individual structures normally requiring a building permit, or if structure and premises in combination exists at the time of adoption of this ordinance and would not be normally allowed in the district in which such structure is located, such use may be continued so long as it remains otherwise lawful, subject to the following requirements:
A. Any existing structure or building existing at the time of adoption of this ordinance, and not in conformance with the provisions of the district in which it is located, shall not be allowed to be expanded, altered, moved or reconstructed except in changing the use of the structure to a use permitted within the district.
B. Any non-conforming use may be extended throughout any portion of the structure or building where such use was planned or provided for at the time of adoption of this ordinance, but in no case shall the use be extended to occupy land outside such building or structure.
C. If no structural alterations are made, any non-conforming use of a structure or building may be changed to another non-conforming use, providing that the new non-conforming use of the structure is as equally appropriate or more appropriate to the district in which such structure or building is located as determined by the Board of Appeals. Whenever a non-conforming use of a structure has been changed to a conforming use of a structure, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a non-conforming use of a structure.
D. Where non-conforming use status applies to the use of the structure and the land upon which the structure is placed, the removal of the structure shall automatically eliminate the non-conforming status of the land.
SECTION 27.11 REPAIRS AND MAINTENANCE
On any non-conforming structure or building, or portion thereof, work may be done in any period of twelve (12) consecutive months for purposes of ordinary repair, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, not to exceed twenty percent (20%) of the current appraised value of the structure or building, or of the portion of the structure upon which such repairs are being made, providing the volume of the structure or building, or portion thereof, does not increase from the volume existing at the time it became non-conforming.
If a structure or building, or portion thereof, in non-conforming use is determined by the Zoning Administrator to be physically unsafe or unlawful due to lack of repairs and/or maintenance, it shall not thereafter be repaired or restored, except in conformance with the provisions of this ordinance for the district in which the building or structure is located.
SECTION 27.12 DISTRICT BOUNDARY CHANGES
When district boundaries shall hereinafter be changed by amendment, any existing non-conforming use of a structure or building may continue, but shall be subject to all other provisions of this ordinance.
SECTION 27.13 BUILDINGS UNDER CONSTRUCTION
Nothing in this ordinance shall require any change in the erection of an intended use of a building or structure, which is non-conforming under this ordinance, the construction of which shall have been diligently prosecuted for at least thirty (30) days prior to the adoption of this ordinance and the construction of which shall be completed within twelve (12) months of the filing of such plans with the Zoning Administrator.
SECTION 27.14 JUNK YARD OR USED MATERIAL YARD IN NON-CONFORMING USE
Any junk yard or used material yard in existence on the effective date of this ordinance, which is located in a non-industrial district, shall be allowed to continue to operate as a non-conforming use and shall comply with the provisions of this ordinance for non-conforming uses. It is further provided that continuation of such non-conforming use shall also depend upon the maintenance of an orderly appearance, the minimizing of noise, odors, smoke and absence of a reasonable number of justified and proven complaints that such a yard is a nuisance.
SECTION 28.1 AUTHORITY
There is hereby established a Board of Appeals, the membership, powers and duties of which are described in Act 184 of 1943 (the Township Rural Zoning Act), as amended. The Board of Appeals shall perform its duties and exercise its powers as provided in the above act in such a way that the objectives of this ordinance shall be observed, the public health, safety and welfare assured and justice served.
SECTION 28.2 BOARD MEMBERSHIP
The Township Board of Appeals shall consist of the following three (3) members:
A. The first member of the Board of Appeals shall be a member of the Township Planning Commission.
B. The second member shall be a member of the Township Board appointed by the Township Board.
C. The third, fourth and fifth members shall be selected and appointed by the Township Board from among the electors residing in the Township.
The Township Board may appoint not more than 2 alternate members for the same term as regular members to the Zoning Board of Appeals. Alternate members shall be selected and appointed by the Township Board from among the electors residing in the Township. An alternate member may be called by the chairman to serve as a regular member of the Zoning Board of Appeals if a regular member is absent from or will be unable to attend one or more consecutive meetings of the Zoning Board of Appeals or is absent from or will be unable to attend meetings for a period of more than 30 consecutive days. An alternate member may also be called to serve as a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member so appointed shall serve in the case until a final decision is reached. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.
An employee of, or contractor to, the Township may not serve as an employee or member of the Township Board of Appeals.
SECTION 28.3 EXPENSES
The total amount allowed by the Board of Appeals in one (1) year as per diem or as expenses actually incurred in the discharge of its duties shall not exceed a reasonable sum, which sum shall be appropriated annually in advance by the Township Board.
SECTION 28.4 TERMS OF OFFICE
The term of each member shall be for three (3) years, except that the terms of the members of the first (1st) board appointed shall be as follows: The first member shall serve for three (3) years; the second member for two (2) years; and the third member for one (1) year.
Members of the Board of Appeals may be removed by the Township Board for non-performance of duty or misconduct in office, upon written charges and after a public hearing. A member shall disqualify himself from any vote in which he has a conflict of interest. Failure to do so shall constitute misconduct in office.
SECTION 28.5 REQUIRED HEARINGS
The Zoning Board of Appeals shall hear and decide all matters properly referred to the Board, or upon which the Board is required to act, under any ordinance adopted pursuant to Act 110 of 2006, as amended.
SECTION 28.6 MAJORITY VOTE
The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the appellant on any matter upon which they are required to pass under any such ordinance, or to effect any variation in such ordinance.
SECTION 28.7 BOARD MEETING
The Board of Appeals shall not conduct business unless a majority of members are present. Meetings of the Board of Appeals shall be held at the call of the chairman, and at other such times and places as the Board of Appeals may determine. All meetings shall be open to the public. The Board of Appeals shall keep minutes of all its proceedings, and shall keep records of its findings, proceedings at hearings and other official actions, all of which shall be immediately filed in the office of the Township Clerk, and shall be a public record. The Zoning Board of Appeals shall adopt its own rule of procedure for its meetings.
SECTION 28.8 APPEAL
The Board of Appeals shall, when called upon, act upon all questions as they arise in the administration of this zoning ordinance, including interpretation of the township zoning map. Such an appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the county or state. It shall hear and decide appeals from and review any order, requirements, decisions or determination made by the administrative official and/or planning commission charged with enforcement of any ordinance adopted pursuant to the provisions of Act 184 of 1943, as amended.
Grounds for Appeal: The grounds for any such determination shall be stated in the records of the Board's proceedings.
Timing of Appeals: An appeal shall be taken within such time as shall be prescribed by the Board of Appeals by filing with the officer from whom the appeal is taken, and with the Board of Appeals' written notice of appeals specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
Stays: An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning officer certifies to the Board of Appeals after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Circuit Court or application, on notice to the Zoning Administrator and on due cause shown.
Time, Notices, Appearance: The Zoning Board of Appeals shall fix a reasonable time for the hearing of an appeal. The Zoning Administrator shall transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.
Upon receipt of a written request seeking an interpretation of the Zoning Ordinance, a request for a variance from ordinance standards, or an appeal of an administrative decision, a notice stating the time, date and place of the public hearing shall be published in a newspaper of general circulation within the Township and shall be sent to the person requesting the hearing not less than 15 days before the public hearing. In addition, if the request involves a specific parcel or place within the Township, written notice stating the nature of the request and the time, date, and place of the public hearing shall be sent by first-class mail or personal delivery to the owner and occupants of the property and to all persons to whom real property is assessed within the 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question, regardless of whether the owner, occupant, or property is located in Presque Isle Township or not. If a tenant's name is not known, the term "occupant" may be used. The notice shall include the nature of the request, the propert(ies) for which the application has been filed (including specific street addresses or means of identification), the location where the application can be viewed, the date and time of the hearing, the location of the hearing, and the address at which written comments should be directed prior to the meeting.
Any party may appear at the public hearing in person or may be represented by his agent or attorney. The Board shall render a decision within a reasonable period of time.
In deciding upon matters referred to, or upon which it is required to act under this ordinance, the Zoning Board of Appeals shall, after public notice and hearing, take into consideration the public health, safety and general welfare, and apply appropriate conditions and safeguards in conformity with the general purpose and intent of this ordinance and the Act 110 of 2006, as amended.
SECTION 28.9 POWERS OF THE BOARD
The Zoning Board of Appeals may revise or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be made in a particular case, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit. The Zoning Board of Appeals, in hearing and deciding appeals, shall have the authority to:
A. Permit the erection and use of a building or an addition to an existing building, of a public service corporation or for public utility purposes, in any zoning district to a greater height or of a larger area than the district requirements herein established.
B. Permit the modification of the off-street motor vehicle parking space as loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements, after recommendation from the Planning Commission.
C. Permit such modification of the height, lot area, yard setback, floor area and lot width regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape and size, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification, provided that modification of lot area regulations shall be permitted only in instances where the nature of the soils and drainage is such that there is sufficient area for safe water supply and sanitary disposal of waste.
D. Permit the modification of site plan review standards, as may be established in this ordinance, where physical hardship and unusual circumstances peculiar to the property in question exist.
The Zoning Board of Appeals does not have the authority to grant use variances.
SECTION 28.10 CRITERIA FOR GRANTING OF VARIANCES
Variances and appeals from the Ordinance dimensional requirements shall be granted only in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, and shall be based on findings of fact related to the criteria set forth in this section. Consistent with the decisions of courts of law in the State of Michigan, all of the criteria indicated below must be found by the Zoning Board of Appeals to indicate a practical difficulty exists, thereby justifying a dimensional or non-use variance. A financial hardship of the land owner, developer or other related party shall not be a consideration in determining if a practical difficulty exists or otherwise justify granting a variance. The Board of Appeals shall have the powers, in passing of appeals, to vary or modify the rules, regulations or provisions of the ordinance as described above, by granting variances, provided that any variation granted from this ordinance:
A. Will not be contrary to the public interest.
B. Will not permit the establishment within a district of any use which is not permitted by right within that district.
C. Will not cause a substantially adverse effect upon property values.
D. Will relate only to the property under the control of the appellant.
E. Will not jeopardize the preservation of a substantial right, so that the spirit of this ordinance shall be observed, public safety secured and substantial justice done.
F. Will not adversely affect the intent of this ordinance.
G. Will not impair the adequate supply of air and light to any adjacent property.
H. Will not increase the hazards from fire, flood or other natural or manmade dangers.
I. Will not increase traffic congestion.
J. Will not produce nuisance conditions to occupants of nearby premises, whether by reason of dust, noise, fumes, odors, vibration, smoke or excessive light.
K. Will not otherwise impair the public health, safety and general welfare of the residents of Presque Isle Township.
SECTION 28.11 APPROVAL PERIODS
No order of the Board of Appeals permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year unless such use is established within the said period: provided, however, that such order shall continue in force and effect, if a permit for said erection or alteration has been obtained, and said work is started and proceeds to completion in accordance with said permit.
SECTION 27.12 APPEALS FROM THE ZONING BOARD OF APPEALS
The decision of the Zoning Board of Appeals shall be final. Any person aggrieved by a decision of the Zoning Board of Appeals may appeal to the circuit court provided the appeal is filed within 30 days after the ZBA certifies its decision or approves the minutes of its decision and provided that the record of the decision and the application satisfies the conditions stated in Section 606 of the Michigan Zoning Enabling Act, Public Act 110 of 2006.
SECTION 28.13 FEES
The Township Board may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Zoning Board of Appeals. At the time the notice for appeal is filed, said fee shall be paid to the Township Clerk to be credited to the General Revenue Fund.
INTERPRETATION, SEVERABILITY, PENALTIES, AMENDMENTS,
RIGHTS AND REMEDIES, GENERAL RESPONSIBILITY, AND
ENACTMENT AND EFFECTIVE DATES
SECTION 29.1 INTERPRETATION
The interpretation and application of the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare. It is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance other than the previous Presque Isle Township Zoning Ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises, providing, however, that where this ordinance imposes a greater restriction than is required by existing ordinances or rules, regulations or permits, the provisions of this ordinance shall take precedence. Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of the public's health, safety and welfare.
SECTION 29.2 SEVERABILITY
This ordinance and the various parts, sections, subsections, phrases and clauses thereof are hereby declared to be severable. In any part, article, section, sentence, phrase or clause adjudged unconstitutional or invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby.
SECTION 28.3 VIOLATION-PENALTY (Effective Date: 4/25/2003)
A. The violation by any person, corporation, or association, or by anyone acting on behalf of any such person, corporation, or association, of any provision of this Ordinance is hereby designated as a municipal civil infraction.
B. The Presque Isle Township Supervisor and the Presque Isle Township Zoning Administrator are hereby designated as authorized local officials who shall administer and enforce this Ordinance and who are authorized to issue municipal civil infraction citations.
C. "Municipal Civil Infraction" means a civil infraction as defined by Section 113 of the Revised Judicature Act of 1961, being Act No. 236 of the Public Acts of 1961, as amended (the "Act"), involving a violation of this Ordinance.
D. "Citation" means a written complaint or notice to appear in court upon which an authorized local official records the occurrence or existence of one or more municipal civil infractions by the person, corporation, or association cited (the "defendant").
E. "Municipal Civil Infraction Action" means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
F. A municipal civil infraction action may be commenced upon the issuance by an authorized local official of a citation directing the defendant to appear in court.
G. A citation shall be issued and served by an authorized local official in accordance with the provisions of Sections 8707 and 8709 of the Act.
H. A citation shall contain the information required under Section 8709 of the Act.
I. An authorized local official may issue a citation to a defendant if the official witnesses a defendant commit a violation of this Ordinance; or if, based upon investigation, the official has reasonable cause to believe that the defendant is responsible for a violation of this Ordinance; or if, based upon investigation of a complaint by someone who allegedly witnessed the defendant commit a violation of this Ordinance, the official has reasonable cause to believe that the defendant is responsible for a violation of this Ordinance, and if the Township attorney approves in writing the issuance of the citation.
J. Failure of the defendant to appear within the time specified on a citation or at the time scheduled for a hearing or appearance is a misdemeanor punishable by up to 90 days in jail and/or up to a $500.00 fine plus costs of the prosecution, and will result in entry of a default judgment against the defendant on the municipal civil infraction.
K. A defendant found responsible by the judge or magistrate for a violation of this Ordinance shall pay a fine not to exceed $500.00 plus costs of not less than $9.00 nor more than $500.00, which are not limited to the costs taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the Township has been put in connection with the municipal civil infraction, up to the entry of judgment. Except as otherwise provided by law, costs shall be payable to the general fund of the Township. In addition to ordering a defendant to pay a civil fine and costs, the court may issue and enforce any judgment, writ, or order necessary to enforce this Ordinance, in accordance with Section 8302 of the Act.
L. If a defendant fails to comply with an order or judgment issued pursuant to Section 8727 of the Act within the time prescribed by the court, the court may proceed under Sections 8302, 8729, and 8731 of the Act, as applicable.
M. If a defendant does not pay a civil fine or costs or an ordered installment within 30 days after the date on which payment is due in a municipal civil infraction action brought for a violation involving the use or occupation of land or a building or other structure, the Township may obtain a lien against the land, building, or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the register of deeds for the county in which the land, building, or structure is located. The court order shall not be recorded unless a legal description of the property is incorporated into or attached to the court order. A lien is effective immediately upon recording of the court order with the register of deeds. The court order recorded with the register of deeds shall constitute notice of the pendency of the lien. In addition, a written notice of the lien shall be sent by the Township by first-class mail to the owner of record of the land, building, or structure at the owner's last known address. The lien may be enforced and discharged by the Township in the manner prescribed by Section 8731 of the Act.
N. Each day on which any violation of this Ordinance continues constitutes a separate offense and shall be subject to the applicable fine, costs, penalties, and sanctions as a separate offense.
O. In addition to any remedies available at law, the Township may bring an action for an injunction or other process against a defendant to restrain, prevent, or abate any violation of this Ordinance. Land, dwellings, buildings, and structures, including by not limited to tents, trailer coaches, and mobile homes used, erected, altered, razed, or converted in violation of any provision of this Ordinance, are hereby declared to be a nuisance per se, and a court of competent jurisdiction may order such nuisance abated.
SECTION 29.4 AMENDMENT TO THIS ORDINANCE
The Township Board is authorized and empowered to cause this Ordinance to be amended, supplemented or changed, pursuant to the authority and according to the procedures set forth in Act 110 of the Public Acts of 2006, as amended. Proposals for amendments may be initiated by the Township Board, the Planning Commission or by petition of one (1) or more property owners in Presque Isle Township affected by such proposed amendment.
SECTION 29.5 PROCESSING OF AMENDMENT
The procedure for amending this ordinance shall be as follows:
A. Each petition shall be submitted to the Township Board accompanied by the proper fee, and then referred to the Planning Commission at the next regularly scheduled meeting or at a special meeting called for such purpose.
B. Before submitting its recommendations of the petition to amend, the Planning Commission shall hold at least one public hearing.
C. The notices for the public hearing shall be given not less than 15 days before the date of the hearing on a proposed zoning amendment and notices shall be sent to:
1. The applicant.
2. The owner (or other owners) of the property, if different.
3. If the zoning amendment is for less than 11 adjacent properties: the owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in Presque Isle Township or not.
4. If the zoning amendment is for less than 11 adjacent properties: occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the property is located in Presque Isle Township or not.
5. The general public by publication in a newspaper which circulates in Presque Isle Township.
6. Members of the Planning Commission, or legislative body and Planning Commission if the hearing is being held by the legislative body.
D. The notice shall include:
1. The nature of the zoning amendment being requested.
2. The property(ies) for which the zoning amendment has been made.
3. If the zoning amendment is for less than 11 adjacent properties, also a listing of all existing street addresses within the property(ies) which is(are) subject of the zoning amendment. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses another means of identification may be used.)
4. The location where the application documents can be viewed and copied prior to the date the zoning amendment hearing.
5. The date, time and location of when the hearing on the zoning amendment will take place.
6. The address at which written comments should be directed prior to the hearing on the zoning amendment.
7. For members of the Planning Commission only, a copy of the request for the zoning amendment, the draft of the zoning amendment, and supporting documents in the record.
E. In addition to the above noticing requirements, if the property involved adjoins another unit of government, the proper officials are to be given notice of the public hearing at a reasonable time before the public hearing date and shall also be given an opportunity to comment on any coordinated action or review deemed necessary.
F. Following the public hearing, the Planning Commission shall submit the proposed amendment to the County Planning Commission for review and recommendations. The review of the County Planning Commission shall be conclusively presumed to have been waived unless the County Planning Commission within 30 days of receipt notifies the Township Clerk of its recommendations.
G. The Township Planning Commission shall at its next regular meeting then refer the proposed amendment to the Township Board along with its written recommendations for approval or disapproval and reasons therefore.
H. A public hearing conducted by the Township Board shall not be necessary unless a request is made in writing by a property owner. If a public hearing is requested or if the Board desires to hold an additional hearing, the notice procedures in subsection C and D above should be followed.
I. Thereafter at any regular meeting or at any special meeting called therefore the Township Board may adopt and enact the proposed amendment, in accordance with Act 110, P.A. 2006 as amended, being the Michigan Zoning Enabling Act.
J. Upon enactment of the amendment said amendment shall be published in a newspaper of general circulation within the Township within 10 days after enactment.
K. Within 7 days after publication, the amendment shall be filed in the Official Ordinance Book of the Township with a certification of the Township Clerk stating the vote on passage and when published and filed. If the amendment requires a change on the Official Zoning Map, such change shall be made on the map in conformity with provisions of Article V of this Ordinance within 10 days after enactment of the amendment.
L. No petition for rezoning, which has been disapproved by the Township Board, shall be submitted for a period of one (1) year from the date of disapproval except as permitted by the Township Board after becoming aware of new evidence, which may result in approval upon resubmittal.
SECTION 29.6 ANNUAL ZONING ORDINANCE REVIEW
The Planning Commission shall, from time to time at intervals of not more than 1 year, examine the provisions of this Ordinance and the locations of zoning district boundary lines and shall submit a written report to the Township Board recommending changes and amendments, if any, which are desirable in the interest of the public health, safety and general welfare.
SECTION 29.7 RIGHTS AND REMEDIES
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
SECTION 29.8 GENERAL RESPONSIBILITY
The Township Board or its duly authorized representative is hereby charged with the duty of enforcing this ordinance, and said Board is hereby empowered to begin and pursue any and all necessary and appropriate actions and/or proceedings in the Circuit Court, or any other court having jurisdiction to restrain and/or prevent any non-compliance with, or violation of, any of the provisions of this Ordinance, and to correct, remedy and/or abate such non-compliance or violation. And, it is further provided that any person aggrieved or adversely affected by such a non-compliance or violation, may institute suit and/or join the Township Board in such a suit to abate the same.
SECTION 29.9 ENACTMENT AND EFFECTIVE DATE
The foregoing Zoning Ordinance and Zoning Map were adopted at a meeting of the Presque Isle Township Board, on September 14, 1981, after approval of the same by the Presque Isle Township Planning Commission following a public hearing on February 19, 1981, and on June 16, 1981. Notification of adoption was published in a newspaper having general circulation in Presque Isle Township, Presque Isle County, Michigan, and became effective thirty (30) days after the date of publication.
PRESQUE ISLE TOWNSHIP BOARD OF TRUSTEES.
Supervisor: Michael Barnett
Clerk: Judith Cameron
Treasurer: Bette Tadajewski
Trustee: Ruth Reed
Trustee: Robert Spencer
Date of Publication - September 29, 1981
Effective Date - October 29, 1981
Comprehensive amendments to the Zoning Ordinance and Zoning Map were adopted at a meeting of the Presque Isle Township Board, on January 10, 1994, after approval of the same by the Presque Isle Township Planning Commission following a public hearing on August 3, 1993 and following an additional hearing held before the Township Board on December 13, 1993. Notification of adoption was published in the Alpena News on January 25, 1994, and the ordinance amendments became effective on February 24, 1994.