PREAMBLE ARTICLE I SHORT TITLE AND PURPOSE

Transcription

1 PREAMBLE This Ordinance is to provide for the establishment of zoning districts and regulations governing the unincorporated portions of South Arm Township, Charlevoix County, Michigan; to encourage and regulate the use of land and location of buildings and structures for residence, trade, industry or other purposes; to regulate dimensions of yards and other space; to provide for the administration, enforcement, penalties for violation and amendment to this Ordinance in accordance with the provisions of Act 184 of the Public Acts of 1943, as amended. Be it Ordained by the Township Board of South Arm Township, Charlevoix County, State of Michigan, as follows: Section 1.01 TITLE ARTICLE I SHORT TITLE AND PURPOSE This Ordinance shall be known as the South Arm Township Zoning Ordinance, and will be referred to herein as this Ordinance. Section 1.02 PURPOSE OF THIS ORDINANCE IS: A. To promote the public health, safety, and general welfare. B. To encourage the use of lands in accordance with their character and adaptability, and to limit the improper use of land. C. To conserve natural resources and energy. D. To meet the needs of the state s residents for food, fiber, and other natural resources, places of residences, recreation, industry, trade, service, and other uses of land. E. To insure that uses of the land shall be situated in appropriate locations and relationships. F. To avoid the overcrowding of population. G. To provide adequate light and air. H. To lessen congestion on the public roads and streets. I. To reduce hazards to life and property. J. To facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirement. K. To conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties. P:\SAT2002\01G\Zoning Ordinance, adopted

2 L. The Zoning Ordinance shall be made with reasonable consideration, among other things to the character of each district; its peculiar suitability for particular uses; the conservation of property values and natural resources; and the general and appropriate trend and character of land, building, and development. Section 1.03 AUTHORITY This Ordinance is ordained and enacted into law pursuant to the provisions and in accordance with the State of Michigan, Township Zoning Act, Act 184 of the Public Acts of 1943, as amended. P:\SAT2002\01G\Zoning Ordinance, adopted

3 ARTICLE II RULES APPLYING TO TEXT AND DEFINITIONS Section 2.01 RULES APPLYING TO TEXT The following rules of construction apply to the text of this Ordinance: A. The particular shall control the general. B. In case of any difference of meaning or implication between the text of this Ordinance and any caption, the text shall control. C. The word shall is always mandatory and not discretionary. The word may is permissive. D. Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. E. A building or structure includes any part thereof. F. The word person includes not only an individual, but a firm, corporation, association, partnership, limited liability company or any other legal entity. G. The words used or occupied, as applied to any land or building, shall be construed to include the words intended, arranged, or designed to be used or occupied. H. Any word or term not defined herein shall be used with a meaning of common or standard utilization. Section 2.02 DEFINITIONS For the purpose of this Ordinance, the following terms and words are defined as follows: ACCESSORY BUILDING OR STRUCTURE: A subordinate structure devoted to an accessory used and located on the same premises with a main structure. An accessory structure attached to a main structure shall be considered part of the main structure. ACCESSORY USE: A use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main use. AGRICULTURE: See Farm. APARTMENT: A room or suite of rooms, including bath and culinary accommodations, intended or designed for use as a residence by a single family. AVERAGE: For the purpose of this Ordinance, the term, "average" shall be an arithmetic mean. BASEMENT: That portion of the building, which is partly underground and which has more than fifty percent (50%) of its floor to ceiling height below grade. P:\SAT2002\01G\Zoning Ordinance, adopted

4 BED AND BREAKFAST FACILITY: Any family occupied dwelling used or designed in such a manner that certain rooms in excess of those used by the family are rented to the transient public for compensation. For the purpose of this Ordinance, the term tourist home also includes bed and breakfast facility. BILLBOARD: A type of advertising sign, which is either erected on the ground or attached to, painted on, or supported by a building, directing attention to a business commodity, service, entertainment, or other activity conducted, sold or offered at a place other than on the premises on which the sign is located. May also be referred to as an off-premise sign. BOARDING HOUSE ROOMING HOUSE: A building other than a hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided for three (3) persons or more. BUFFER STRIP: A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen in carrying out the requirements of this Ordinance. BUILDING: A structure of more or less permanent construction, having a roof supported by columns or walls and intended to be used for sheltering people, animals, property or business activity. BUILDING - HEIGHT OF: The building height is the vertical distance measured from the established grade to the highest point of the roof surface. When the terrain is sloping the ground level is measured at the average grade line. BUILDING WIDTH: The building width is the shorter of the plan view dimensions of the foundation for the structure BUILDING INSPECTOR: The Administrator of the building, housing, plumbing, electrical or other codes that have been adopted or may be adopted in the future by the Township or the County. CABIN: A detached building which is used for seasonal occupancy as a dwelling or sleeping quarters by owners, transients or tourists, possibly for a fee. Also refer to Resort Cabin. CHURCH: See Place of Worship. 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 condominium unit is not a lot or parcel as those terms are used in this Ordinance; however the building envelope for a site condominium must meet or exceed the minimum lot area and size requirements of the district in which it is located. DISTRICTS: Districts as used herein is synonymous with the word Zones or Zoning Districts. DOG KENNEL: Any place where more than three (3) dogs over six (6) months of age are housed or cared for and which is not an animal hospital. DRIVE-THRU BUSINESS: Any restaurant, bank or business with an auto service window. P:\SAT2002\01G\Zoning Ordinance, adopted

5 DWELLING - MULTIPLE: A dwelling or group of dwellings on one (1) lot or parcel and in one (1) structure, containing separate living units for three (3) or more families, but not including automobile courts, motels or hotels. DWELLINGS - SINGLE OR ONE-FAMILY: A detached building designed for or occupied exclusively by one (1) family. DWELLING - TEMPORARY: A self contained travel trailer or motor home which is used for dwelling purposes while a main dwelling is being constructed or repaired and is on the same lot. DWELLING - TWO-FAMILY: A detached building designed exclusively for occupancy by two (2) families living independently of each other. DWELLING UNIT: A building or portion thereof, designed for permanent residential occupancy by one (1) family. In the case of buildings that 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 structures be considered a dwelling unit. EFFICIENCY UNIT: A dwelling unit for one individual or small family consisting of one room, exclusive of bathroom, hallway, closets, and the like providing not less than two hundred and forty (240) square feet of usable floor area. ESSENTIAL SERVICES BY PUBLIC UTILITIES AND OTHER AGENCIES: This shall include the erection, construction alteration or maintenance by public utilities, municipal departments or other governmental agencies of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, or collection, supply or disposal systems; including poles, wires, main drains, sewer pipes, cables, towers, fire alarm boxes, poles or other call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for furnishing adequate service by such utilities or agencies, or for the public health or safety or general welfare; but not including offices and buildings or yards used for bulk storage, fabrication or manufacturing of materials used by such utilities or municipal departments or other governmental agencies. Telecommunication towers or facilities, alternative tower structures, and wireless communication antennas are not included within this definition. FAMILY: One or two related persons or parents with their direct lineal descendants and adopted children, together with not more than three persons (including domestic employees) not so related, living together as a single housekeeping unit; or a collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuing, non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition does not include any society, club, fraternity, sorority, association, half-way house, lodge, coterie, organization, group of students or other individuals whose domestic relationship is of a transitory or seasonal nature, is for an anticipated limited duration of school term or during a period of rehabilitation or treatment or is otherwise not intended to be of a permanent nature. FARM: All the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner or by his agent or by a tenant farmer, provided that the area thereof is a minimum of ten (10) acres; and for the purpose of this Ordinance, farms may be considered as including establishments operated as bona fide green P:\SAT2002\01G\Zoning Ordinance, adopted

6 houses, nurseries, orchards, chicken hatcheries, poultry farms, dairy farms and apiaries; but not including establishments keeping fur-bearing animals, operated as a fish hatchery, dog kennel, stock yard, slaughter houses, stone, quarry, gravel or sand pit, fertilizer works, bone yards, or for the disposal of garbage, sewage, or junk or for the removal and sale of top soil. The words agriculture and farming shall be considered as synonyms. FENCE: Any permanent or temporary means, partition, structure or gate erected as a dividing structure, barrier, or enclosure. Wooden, concrete, stone, earthen, or masonry walls, berms, paving, driveways, or fill materials shall be defined and regulated as fences when such items rise higher than the preexisting ground level (i.e., the level of the ground as it existed immediately before such items were deposited or erected), and when such items are used for the purpose of a dividing structure, barrier, enclosure or as a support for an enclosure. FENCE HEIGHT: The vertical distance from the lowest part of the fence structure to the highest part of the fence structure. When all or part of a fence is installed on wooden, concrete, stone, asphalt, earthen or masonry walls, berms, paving, driveway, or fill materials that are used for the purpose of enclosure, dividing structure, or barrier, the height of such items shall be included in the measurement of fence height when such items rise higher that the preexisting ground level (i.e., the level of the ground as it existed immediately before such items were deposited or erected). FLASHING SIGN: Any sign having a conspicuous and intermittent variation in the illumination of the sign. FLOOR AREA: The area of all floors computed by measuring the dimensions of the outside wall of a building. Porches, patios, terraces, breezeways, carports, verandas, garages, unfinished attics, attic floor areas with less than five (5) vertical feet from floor to finished ceiling, all basements, not including walkout basements, are excluded. FLOOR AREA, USABLE (FOR COMPUTING PARKING): The area used for, or intended to be used for, the sale of merchandise or services, or for use to serve patrons, clients, or customers. Floor area used, or intended to be used, for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded for the computation of "Usable Floor Area". All floor levels shall be counted. GARAGES PRIVATE: A detached accessory building or portion of main building for the parking or temporary storage of automobiles, boats, house trailers, and similar vehicles owned and used by the occupants of the building to which it is accessory. GARAGE PUBLIC: A building, other than a private garage, used for the sale, repair, or equipment of automobiles, motorcycles, snowmobiles, boats and other similar vehicles or where such vehicles are parked or stored for remuneration, hire or sale. GAS AND OIL PROCESSING FACILITIES: Any facility and/or structure used for, or in connection with, the production, processing or transmitting of natural gas, oil, or allied products or substances, and the injection of same into the ground for storage or disposal, not under the exclusive jurisdiction or control of the Geological Survey Division, Department of Environmental Quality or Public Service Commission; not including industrial facilities such as cracking plants, large oil storage facilities and heavy industrial operations and facilities. P:\SAT2002\01G\Zoning Ordinance, adopted

7 GASOLINE SERVICE STATION: A structure or structures and space combined, used solely for servicing motor vehicles with the usual operating commodities such as gasoline, fuel oil, grease, water, batteries, tires and other minor accessories, or services such as washing, waxing and lubricating and in connection with which there is no repair or refinishing of motor vehicles, except that the repair of tires, lights, changing of batteries or engine repairs and adjustments when conducted within an enclosed building shall not be excluded. GRADE: An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. GREENBELT: A strip of land fifty (50) feet wide (measured horizontally) parallel to the bank of a stream or lake which is to be maintained in its existing vegetation or trees and shrubs. HEAVY INDUSTRY: Manufacturing, fabricating activities or other large scale specialized industrial operations having external effects which will be felt to some degree on surrounding properties. HOME BASED BUSINESS: A business carried on as a subordinate use by a member of a family residing on the premises and which is clearly incidental and secondary to the use of the parcel of land for residential purposes. HOME OCCUPATION: An occupation or profession carried on within a dwelling as a subordinate use by a member of a family residing in the dwelling. The use must be clearly incidental and secondary to the use of the parcel of land for residential purposes. HOTEL: A building in which transient lodging or boarding and lodging are offered to the public for compensation. Boarding houses, motels, motor hotels and apartments are excluded. INDUSTRIAL PARK: A special or exclusive type of planned industrial area designed and equipped to accommodate a community of three (3) or more industries, providing them with necessary facilities and services in attractive surroundings among compatible neighbors. INSTITUTIONAL OR PUBLIC USES: Churches and places of worship, schools teaching academic subjects, hospitals, convalescent and nursing homes, parks, civic centers, libraries and other governmental structures. JUNKYARD: Any parcel of land maintained or operated for the purchase, sale, storage, dismantling, demolition, or use of junk, including scrap metals, motor vehicles, machinery, buildings, structures, construction material or other salvaged material. Also any premises upon which two (2) or more unlicensed, used motor vehicles which cannot be operated under their own power are kept or stored outside a building for a period of fifteen (15) days or more. The purchase and storage of used cars in operable condition, used or salvaged materials, used furniture and household equipment are excluded if carried on in enclosed buildings. LIVING SPACE: That area within a structure intended, designed, erected or used for human occupancy. LOADING SPACE: An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. Off-street loading space is not to be included as off-street parking space in computation of required off-street parking. P:\SAT2002\01G\Zoning Ordinance, adopted

8 LOT: A parcel of land exclusive of any adjoining street, which is or may be, occupied by one (1) main building or use and its accessories, including the open spaces or setback area required by this Ordinance, but not necessarily conforming to the platted lot lines. The word lot shall include parcel. LOT - CORNER: A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of less than 145 degrees. LOT COVERAGE: The amount of a lot stated in terms of percentage that is covered by all roofed buildings and other structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio-roofs and the like, whether open box type and/or lathe roofs or fully roofed, but shall not include fences, walls or hedges used as fences, or swimming pools. LOT DEPTH: The distance between the front and rear lot lines measured in the main direction of the side lot lines. For irregularly shaped lots, the depth is the average length of the side lot lines. LOT - INTERIOR: A lot other than a corner lot, with only one (1) lot line fronting a street. LOT - THROUGH: A lot other than a corner lot, having frontage on more than one (1) street. LOT LINE: For the purpose of this Ordinance, a lot line is the boundary line between two (2) lots or the line between the properties of two (2) different owners and also the line between the lot and the boundary of any street or road right-of-way. LOT LINE - FRONT: In the case of an interior lot, the boundary lines of the lot immediately adjacent to the right-of-way upon which the lot fronts, and in the case of a corner lot, the front lot line shall be the boundary line of the lot immediately adjacent to the street right-of-way on that side of the lot which has the narrowest street frontage. For waterfront lots, the front lot line shall be the ordinary high water mark. LOT LINE - REAR: A lot line which is opposite and most distant from the front lot line and, in the case of an irregularly shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. LOT LINE - SIDE: Any boundary line not a front lot line or a rear lot line. LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the Register of Deeds, or a lot described by metes and bounds, the deed to which has been recorded in the office of the Register of Deeds at the time this Ordinance is passed. LOT, WATERFRONT: A lot having frontage directly upon a lake, river, or stream. The portion adjacent to the water is considered the front of the lot. LOT WIDTH: The distance between the side lot lines measured at the front setback line. MANUFACTURED HOME: Factory-built single-family structure that is manufactured under the authority of 42 U.S.C., Sections 5401 to 5426 (National Manufactured Home Construction and Safety Standards Act 1974) as amended, is transportable in one or more sections, is built on a P:\SAT2002\01G\Zoning Ordinance, adopted

9 permanent chassis and does not have hitch, axles, or wheels permanently attached to the body frame. May also be referred to as a mobile home. MANUFACTURED HOME SITE: A plot of ground within a manufactured housing development designed for the accommodation of one manufactured home. MANUFACTURED HOUSING DEVELOPMENT: A parcel of land that has been planned and improved for the placement of three (3) or more mobile homes for residential dwelling use. Such developments shall be licensed by the State of Michigan. May also be referred to as a mobile home park. MOBILE HOME: See Manufactured Home. MOBILE HOME PARK: See Manufactured Housing Development. MOTEL: Groups of furnished rooms or separate structures providing sleeping and parking accommodations for transient tourist trade. NONCONFORMING STRUCTURE OR BUILDING: A structure or building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, that does not conform to one or more of the following: setbacks, area, height, size or other dimensional provisions of the Ordinance. NONCONFORMING USE: Any use, whether a building or other structure or a tract of land, which does not conform to the applicable use regulations for the district, either at the effective date of this Ordinance or as a result of a subsequent amendment thereto. OFF STREET PARKING: A facility providing vehicular parking spaces, along with adequate drives and aisles. Adequate maneuvering space shall also be included to allow unrestricted access and egress to at least two (2) vehicles. OPEN SPACE: Land not used for any of the following: parking and loading spaces, road rightof-ways, structure coverage, sewage disposal areas, water well houses, or related uses. ORDINARY HIGH WATER LINE: Is defined as in Part 301 of the Natural Resources and Environmental Protection Act of 1994 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 a river or stream, the ordinary high water mark shall be the ten-year flood limit line. OWNER: A person holding any legal, equitable option or contract interest in land. PARK: Properties and facilities owned or operated by any governmental agency, or owned or operated by any private agency, which are open to the general public for recreational purposes. PARKING SPACE: An area of definite length and width exclusive of drives, aisles, or entrances, giving access thereto, and fully accessible for the storage or parking of permitted vehicles. P:\SAT2002\01G\Zoning Ordinance, adopted

10 PERSON: An individual firm, corporation, association, partnership, limited liability company, or other legal entity. PLACE OF WORSHIP: A building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such principal purpose. PLANNED UNIT DEVELOPMENT (PUD): Land under unified control which allows a development to be planned and built as a unit and which permits upon review and approval, variations in many of the traditional controls related to density, land use, setbacks, open space and other design elements, and the timing and sequencing of the development. PLANNING COMMISSION: The South Arm Township Planning Commission. PORCH - ENCLOSED: A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached. PORCH - OPEN: A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or integral roof with principal building or structure to which it is attached. PRINCIPAL OR MAIN USE: The primary or predominant use of the premises. RECREATIONAL VEHICLE: A vehicle designed to be used primarily for recreational purposes, including temporary sleeping quarters and/or cooking facilities, or a unit designed to be attached to a vehicle and used for such purposes, including self-propelled motor homes, pickup campers, fifth wheel trailers, travel trailers, and tent trailers; PROVIDED, however, that any such vehicle or unit which is fifty (50) feet or more in overall length shall be considered a manufactured home and shall be subject to all regulations of this Ordinance applicable to a manufactured home. RECREATIONAL VEHCILE PARK: Any site, lot, field or tract upon which one (1) or more occupied travel trailers is harbored, either free of charge or for revenue purposes, including any building, structure, tent, vehicle or enclosure used for or intended for use as part of the equipment of such recreational vehicle park; which site, lot, field or tract shall be licensed and regulated by the State of Michigan. RESORT CABINS: Two (2) or more cabins used for seasonal occupancy as a dwelling or sleeping quarters for transients or tourists for a fee. Also refer to Cabin. RIGHT-OF-WAY: Any public or private street, alley or other thoroughfare or easement permanently established for passage of vehicles. RIVER: Jordan River, Intermediate River, Monroe Creek, and Deer Creek. SETBACK: The minimum distance a building or structure may be placed from the front, side or rear lot lines or from other buildings or structures. P:\SAT2002\01G\Zoning Ordinance, adopted

11 SIGN: Any announcement, written declaration, pictorial representation, emblem, flag, illustration, insignia or any figures of similar character which is a structure or any part thereof or is attached to, painted, or in any other manner represented on a building or structure and is used to announce, direct attention to, or advertise and is visible from outside a building. Signs shall include billboards. SIGN - OFF PREMISE: Any sign relating to subject matter not conducted on the premises on which the sign is located. SIGN - ON PREMISE: An advertising sign relating in its subject matter to the premises on which it is located, or to products, accommodations, service, or activities on the premises. SITE PLAN: A scale drawing which shows the location and dimensions of improvements upon a parcel of land, including but not limited to location and size of buildings, driveways, parking areas, landscaping, sidewalks, signs, sewage systems and drainage facilities, and environmental features. SPECIAL USE APPROVAL: Approval by the Township Planning Commission of a use of land in a zoning district that is not antagonistic to other land uses in the district, providing such use is listed in this Ordinance as a special use for the zoning district in question and the use meets the general and specific standards for the special use as listed in this ordinance. STORY: That portion of a building included between the surface of any floor and surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it, and exclusive of any mezzanine, balcony or basement. STORY - HALF: That portion of a building between the eaves and ridge lines of a pitched roof which may be used for human occupancy. STRUCTURE: Anything constructed, erected or to be moved to or from any premises which is permanently located above, on or under the ground, excluding drain fields, septic fields, and similar underground systems and utilities, as well as fences. TELECOMMUNICATION TOWERS AND FACILITIES OR TOWER: All structures and accessory facilities, including alternative tower structures, relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals; including, but not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial mobile radio service facilities, personal communication services towers (PCS), and cellular telephone towers. Not included in this definition are: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; satellite dishes; federally licensed amateur (HAM) radio facilities; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. VEHICLE REPAIR: Any major activity involving the general repair, rebuilding, or reconditioning of motor vehicles or engines; collision repair, such as body, frame, or fender straightening and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning. VEHICLE SALES: An authorized dealership for the sale of new and/or used vehicles with completely enclosed office and sales facilities on the premises. All related activities incidental to P:\SAT2002\01G\Zoning Ordinance, adopted

12 the sale of new and/or used vehicles such as minor repairing, servicing, and restoring, shall be performed within completely enclosed facilities. YARD: An open space on the same lot with a building, structure or use, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. The measurement of a yard shall be construed as the minimum horizontal setback distance between the lot line and the building, structure or use. YARD FRONT: A yard extending across the front of the lot between the side lot lines and measured between the front line of the lot and the nearest point of any use, building or structure located upon the property. YARD REAR: A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the use, building or structure, or any projections other than steps, unenclosed balconies or unenclosed porches. On the corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lot and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. YARD SIDE: A yard between the side lot line and the nearest side line of the use, building or structure and extending from the rear line of the building to the front line of the use, building or structure. ZONING ADMINISTRATOR: The administrator of this Ordinance, appointed by the South Arm Township Board. ZONING PERMIT: A standard form issued by the Zoning Administrator upon application and declaration by the owner or his duly authorized agent regarding proposed construction and use of land and buildings and structures thereon granting approval for the construction or use applied for. P:\SAT2002\01G\Zoning Ordinance, adopted

13 ARTICLE III GENERAL PROVISIONS Section 3.01 PURPOSE General regulations apply to all districts except as noted herein. Where requirements of a general regulation and a district regulation differ, the more restrictive requirement shall prevail. Section 3.02 APPLICATION OF REGULATIONS In order to carry out the intent of this Ordinance: A. No building or structure shall hereafter be erected, altered or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises are located. B. No building shall hereafter be erected or altered to exceed the height limitations, or occupy a greater percentage of lot area, or intrude upon the required front yard, rear yard, side yards or inner or outer courts, or accommodate or house a greater number of families, or provide less space per dwelling unit than is specified for the district in which such building is located. C. No lot area and no yard, court, parking areas or other required space shall be divided, altered, reduced or diminished to create an area or dimension less than the minimum required under this Ordinance, except where such reduction has been brought about by the expansion or acquisition of public rights-of-way for a street, road or highway. If a required area is already less than the minimum required under this Ordinance, said area or dimension shall not be further divided or reduced. Section 3.03 GENERAL SETBACK AND YARD LIMITATIONS A. Non-duplication. In determining lot and yard requirements, no area shall be counted as yard area to more than one dwelling or main building or use, and no area necessary for compliance with the open space requirements for one building or use shall be counted in the calculation or requirements for any other building or use. B. Encroachments into front, side and rear setbacks. No buildings or structures shall be in any part of the front, side or rear setback, except for chimneys, pilasters, sills, belt courses, cornices, eaves and gutters, PROVIDED, that no such structure shall project more than twenty-four (24) inches into any setback. C. Accessory Buildings. All accessory buildings not attached to the main building shall be not less than ten (10) feet from the principal building and not less than ten (10) feet from any side lot line. Section 3.04 LOT/BUILDING RELATIONSHIP Hereafter, every building erected, altered or moved shall be located on a lot of record as defined herein, and except in the case of an approved multiple dwelling development, there shall be no more than one (1) principal building and its permitted accessory structures located on each lot in any residential district. P:\SAT2002\01G\Zoning Ordinance, adopted

14 Section 3.05 ACCESSORY BUILDINGS AS DWELLINGS No building on the same lot as a principal building shall be used for dwelling purposes except for domestic employees whose employment functions are directly related to the function of the principal building; provided that all other applicable requirements of this Ordinance are satisfied. Section 3.06 TEMPORARY BUILDINGS Temporary buildings for use incidental to construction work, and all debris, shall be removed within thirty (30) days after occupancy of any building or structure or within thirty (30) days of completion of the construction work, whichever is less. Section 3.07 TEMPORARY DWELLING DURING CONSTRUCTION OF A PERMANENT DWELLING For the express purpose of promoting the health, safety and general welfare of the inhabitants of South Arm Township, and of reducing hazards to health, life and property, no basementdwelling, cellar-dwelling, garage-house, tent, camper, travel trailer, recreational vehicle, mobile home not installed according to the requirements of this Ordinance, or other substandard structure shall hereafter be erected or moved upon any premises and used for dwelling purposes except under all the following applicable conditions: A. The location shall conform to the provisions governing yard requirements of standard dwellings in the district where located. B. The use shall be for the sole purpose of providing dwelling facilities for the owner of the premises during the period in which a dwelling conforming to the provisions of this Ordinance is in process of erection and completion, or is under repair, but not to exceed twelve (12) months. One (1) additional twelve (12) month extensions may be obtained from the Zoning Administrator. The substandard dwelling shall be removed upon completion of construction of a dwelling complying with the requirements of this Ordinance. C. A sanitary waste disposal system and drinking water well shall be constructed and maintained in accordance with the standards of materials and installation recommended by the Northwest Michigan Community Health Agency for the permanent dwelling, and shall precede occupancy of the temporary dwelling. D. Application for the erection and use of a temporary dwelling shall be made at the time of zoning permit application for the permanent dwelling. On approval and delivery of the zoning permit, the applicant shall certify in a space allotted for that purpose, and on the copy retained for filing by the Township, that he has full knowledge of the limitations of the permit and the penalty pertaining thereto. No such permit shall be transferable to any other person. E. No annexes or additions shall be added to temporary dwellings. Section 3.08 ESSENTIAL SERVICES Essential services, as defined herein, shall be permitted as authorized and regulated by law, public policy and specific zoning regulations in any district, it being the intention otherwise to P:\SAT2002\01G\Zoning Ordinance, adopted

15 exempt such erection, construction, alteration and maintenance from the application of this Ordinance. Telecommunication towers, alternative tower structures and antennas shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities. Section 3.09 REQUIRED WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES Every building hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling (year-round or seasonal), recreational, business, commercial or industrial purposes, including churches, schools and other buildings in which persons customarily congregate, shall be provided with a safe and sanitary water supply system and with means for collecting and disposing of all human excreta and of all domestic, commercial, and industrial wastewater, and other wastes that may adversely affect health conditions, subject to the written approval of the Northwest Michigan Community Health Agency. Section 3.11 GRADES No premises shall be filled or graded so as to discharge surface runoff on abutting premises in such a manner that will cause inconvenience or damage to adjacent properties. When property is developed adjacent to existing properties previously developed existing grades shall have priority. Section 3.12 MOBILE HOMES AND MANUFACTURED HOUSING A. Mobile homes and manufactured homes sited on individual lots shall meet the standards for minimum lot size, yard set-backs, minimum floor area and minimum dwelling unit width for the district in which they are located and shall meet the following additional standards: 1. Mobile homes and manufactured homes shall be attached to an approved permanent foundation or basement and shall be anchored using a system that meets the Michigan Mobile Home Commission requirements. 2. Mobile homes and manufactured homes shall be installed according to manufacturer's set up requirements, and the construction of the unit shall comply with the National Mobile Home Construction and Safety Standards Act of 1974, as amended. 3. The wheels, axles and towing assembly shall be removed from a mobile home or manufactured home before the unit is attached to the foundation. Additionally, no mobile home or manufactured home shall have any exposed undercarriage or chassis. 4. No person shall occupy any mobile home or manufactured home as a dwelling within the Township until a certificate of compliance has been issued by the building official which permit shall indicate satisfactory compliance with all requirements of the Township/County and Building Code. 5. Mobile homes or manufactured homes shall not be used as an accessory building. B. Where three (3) or more mobile homes are sited on the same parcel, the development shall be considered a mobile home park, and shall be licensed by the State of Michigan and shall be subject to the applicable state regulations for such developments. P:\SAT2002\01G\Zoning Ordinance, adopted

16 Section 3.13 TRAVEL TRAILERS, CAMPING ACCOMMODATIONS AND RECREATION VEHICLES A. No travel trailer, recreation vehicle, tent or temporary dwelling unit shall be located on a site in the Township unless it complies with the minimum provisions of this Ordinance, provided a travel trailer, recreation vehicle, tent, or temporary dwelling unit may be located on a site for a period not to exceed twenty eight (28) days per calendar year, except as provided for in Section Section 3.14 SITE PLAN REVIEW A. Circumstances Requiring a Site Plan: Site plans give the Planning Commission an opportunity to review development proposals in a concise, consistent manner. The use of a site plan insures that physical changes in the property meet with local approval and that building actually occurs as it was promised by the developer. Site plans are required for the following uses: 1. All new development, both permitted uses and special uses, except one-family and twofamily residential units, 2. Expansion or renovation of an existing use, other than a one-family and two-family residential use, which increases the existing floor space more than twenty-five percent (25%). 3. Changes of use for an existing structure to a use other than one-family and two-family residential. B. Site Plan Submittal Requirements: Each submittal for site plan review shall be submitted to the South Arm Township Planning Commission through the office of the Zoning Administrator. Ten (10) complete copies of the application shall be submitted, and shall at a minimum include the following information: 1. The applicant s name, address, and phone number in full. 2. Proof of property ownership; and whether there are any options on the property or liens against it. 3. A signed statement that the applicant is the owner of the property or agent acting on the owner s behalf. 4. The name and address of the owner(s) of record if the applicant is not owner of record (or firm or corporation having a legal or equitable interest in the land) and signature of the owner(s). 5. The address and/or tax parcel number of the property. 6. Project title. 7. Project description, including total number of structures, units, offices, square feet, parking spaces, employees, amount of recreation and open space, and related information as pertinent or otherwise required by the ordinance. P:\SAT2002\01G\Zoning Ordinance, adopted

17 8. Name and address of the developer (if different from the applicant). 9. Name and address of the engineer, architect and/or land surveyor. 10. A vicinity map drawn at a scale of 1 =2,000 with north point indicated. 11. The gross and net acreage of all parcels in the project. 12. Land uses, zoning classification and existing structures on the subject parcel and adjoining parcels. 13. Impact statement addressing the demands the development will have on community services and any environmental impacts. 14. Project completion schedule/development phases. C. Site Plan Data Requirements: The site plan shall consist of ten (10) copies of an accurate, reproducible drawing at a scale of 1 =100 or less, showing the site and all land within 150 of the site which depicts the following, unless specifically waived in whole or in part by the Planning Commission or Zoning Administrator for good cause shown. 1. Property lines, dimensions, legal descriptions, setback lines and monument locations. 2. Existing topographic elevations at two (2) feet intervals, proposed grades and direction of drainage flows. 3. The location and type of existing soils on the site and certification of soil borings. 4. Location and type of significant existing vegetation. 5. Water courses and water bodies, including flood plains and wetlands, county drains, and manmade surface drainage ways. 6. Location of existing and proposed buildings and intended uses thereof, as well as the length, width, and height of each building. 7. Proposed location of accessory structures, buildings and uses, including but not limited to all flagpoles, light poles, signs, bulkheads, docks, storage sheds, transformers, air conditioners, generators, and similar equipment, and the method of screening where applicable. 8. Location of existing public roads, right-of-way and private easements of record. 9. Location of abutting streets and proposed alignment of streets, drives, curb cuts and access easements serving the development. 10. Location and design of barrier free access, parking areas (including indication of all spaces and method of surfacing), fire lanes and all lighting thereof. P:\SAT2002\01G\Zoning Ordinance, adopted

18 11. Location, size, and characteristics of all loading and unloading areas. 12. Location and design of all sidewalks, walkways and bicycle paths. 13. Location of water supply lines and/or wells, including fire hydrants and shut off valves, and the location and design of wastewater lines, clean out locations, connection points and treatment systems, including septic systems if applicable. 14. Location of all other utilities on the site including but not limited to natural gas, electric, cable TV, telephone and steam. 15. Proposed location of common open spaces and common facilities if applicable. 16. Location, size and specifications of all signs and advertising features with crosssections. 17. Location and specifications for all fences, walls and other screening features with crosssections. 18. Location and specifications for all proposed perimeter and internal landscaping and other buffering features. For each landscape material, the proposed size at the time of planting and of all vegetation to be retained on the site must be indicated. 19. Location and specifications for all solid waste disposal facilities. 20. Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by government authorities. 21. Identification of any significant site amenities or unique natural features. 22. Identification of any significant view onto or from the site to or from adjoining area. 23. North arrow, scale and date. 24. Seal of the registered engineer, architect, landscape architect, surveyor, or planner who prepared the plan. 25. Development plans for residential projects (Multiple family developments and mobile home parks) shall include the following additional information: a. Minimum floor area of dwelling units. b. Total number of units proposed. c. Number of bedrooms per unit in multiple family developments. d. Area to be used for open space and recreation. D. Site Plan Review Standards: Each site plan shall conform to all applicable provisions of the South Arm Township Zoning Ordinance and the following standards: P:\SAT2002\01G\Zoning Ordinance, adopted

19 1. All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this ordinance. 2. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications, which result in maximum harmony with adjacent area. 3. Special attention shall be given to proper site drainage so that removal of stormwater will not adversely affect neighboring properties. 4. The site plan shall provide reasonable, visual and sound privacy for all units located therein. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property. 5. All buildings or groups shall be so arranged as to permit emergency vehicles access by some practical means to all sides. 6. Pedestrian access and walkways to public areas and/or other areas dedicated for common use. 7. There shall be provided a pedestrian circulation system, which is insulated as completely as reasonably possible from the vehicular circulation system. 8. All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from residential districts or public thoroughfares, shall be screened by a vertical screen consisting of structural or plant materials no less than six (6) feet in height. 9. Exterior lighting shall be arranged so that illumination is aimed down, contains shielding or cutoff devices to ensure light does not shine upward and is deflected away from adjacent properties. Exterior lighting shall not impede the vision of traffic along adjacent streets. 10. Site plans shall conform to all applicable requirements of State and Federal statutes and approval may be conditioned on the applicant receiving necessary State and Federal permits before final site plan approval or a zoning permit is granted. 11. Agency reviews. At the discretion of the Zoning Administrator or the Planning Commission, the applicant may be required to submit a complete application and site plan to the following agencies for review and comment: a. The County Enforcing Agent for Soil Erosion and Sedimentation Control and stormwater ordinance. b. The Michigan Department of Transportation and/or the County Road Commission. c. The local Fire Department. P:\SAT2002\01G\Zoning Ordinance, adopted

20 d. The Northwest Michigan Community Health Agency. E. Site Plan Approval Procedures: The Planning Commission shall have the responsibility and authorization to approve, disapprove or approve with conditions, the site plan in accordance with the zoning district in which the proposed use is located. When approved, at least two (2) copies of the final approved site plan shall be signed and dated by the chair of the Planning Commission and the applicant or designated representative. One of these two (2) approved copies shall be kept on file by the Zoning Administrator, and the other approved copy shall be returned to the applicant. Any changes deemed necessary after final approval requires mutual consent of both the Planning Commission and the applicant. F. Modification of Site Plan: Any conditions desired by the Planning Commission prior to approval shall be recorded in the minutes of the appropriate Planning Commission meeting. Any modification of the site plan required by the Planning Commission shall be so stated in writing to the applicant. G. Amendment of Approved Site Plan: The Zoning Administrator may approve minor amendments to a site plan initially approved by the Planning Commission where the amendments do not directly relate to standards for approval. Any other amendments to an approved site plan shall be approved by the Planning Commission following the procedures for initial approval. Any amendment to an approved site plan shall be so stated in writing to the applicant and shall be recorded in the minutes of the appropriate Planning Commission meeting. H. Performance Guarantee: To insure compliance with the provisions of this Section and any conditions imposed thereunder, a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Township covering the estimated cost of improvements associated with a project for which site plan approval is sought, may be required by the Planning Commission for deposit with the Township Clerk to insure faithful completion of the improvements. If required, the performance guarantee shall be deposited at the time of site plan approval. Deposit of the performance guarantee is not required prior to site plan approval, but shall occur prior to the beginning of earth moving or construction. The Township shall return any unused portion of the deposit to the applicant in reasonable proportions to the ratio of work completed on the required improvements as work progresses. I. Revocation of Site Plan: If the Zoning Administrator finds that the conditions and stipulations of an approved site plan are not being adhered to, the Planning Commission shall give notice to the property owner of its intent to revoke the approved site plan by personal service or registered letter sent to the property owner. The notice shall be signed by the Planning Commission chair, shall contain the grounds for the revocation, shall state the time, date and place where the Planning Commission will consider revocation of the site plan, and shall be delivered to the property owner not less than thirty (30) days prior to the stated date of the hearing concerning revocation. P:\SAT2002\01G\Zoning Ordinance, adopted

21 If the property owner notifies the Planning Commission within fifteen (15) days of the receipt of the above letter of his/her intent to rectify the violation, the Planning Commission may defer the revocation. J. Site Plan Expiration: Site plan approval shall expire if the authorized work is not commenced within twelve (12) months of site plan approval. For the work to proceed, the applicant shall resubmit the site plan following the requirements of this Section. If work is not completed within twenty-four (24) months after approval of the site plan, the applicant may request not more than two (2) additional twelve (12) month extensions. In situations when a site plan is resubmitted or extensions requested, the applicant shall provide a performance guarantee under the provisions of this Section. Section 3.15 BUFFER STRIP A buffer strip, as defined herein, shall be required for any commercial or industrial use that abuts a residential or agricultural use on either the side yard or rear yard. In all instances, this may be provided as part of the side or rear setback requirements. If after public hearing and notice, the Planning Commission finds that there would be no adverse effects upon the neighboring property as a result of the development, the Planning Commission may waive the buffer strip requirement. Section 3.16 RESTORATION OF UNSAFE BUILDINGS Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector. Section 3.17 CONTINUED CONFORMANCE WITH REGULATIONS The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear vision areas for safety parking and loading spaces, and all other requirements, including the proper maintenance and repair of screening arrangements, for a building or use specified within this Ordinance shall be the continuing obligation of the owner of such building or property on which such building or property or use is located. Section 3.18 SIGNS A. The regulations set forth herein shall apply and govern signs in all zoning districts. No sign may hereafter be erected moved or structurally altered unless it is in conformity with the following provisions and unless a permit is obtained for such use. B. The size of a sign shall be determined by its rectangular dimensions for the purpose of compliance with this section. C. Not withstanding any part of this Ordinance to the contrary, the following regulations shall apply to the erection of all signs: 1. No sign shall project over a right-of-way except in cases where the sign is affixed to a structure that is built on the property line of a lot. Said sign shall not project more than six (6) inches beyond the face of the wall to which it is attached. P:\SAT2002\01G\Zoning Ordinance, adopted

22 2. Signs not exceeding four (4) square feet in area may be utilized for traffic regulation or direction. 3. No sign shall be erected upon the inside of a curve of a street, which may cause any interference with sight distance. 4. No sign shall be so placed as to interfere with visibility or effectiveness of any official traffic sign or signal, or with driver vision at any access point or intersection. 5. No sign shall contain, include or be illuminated by an exposed flashing light. 6. Illumination for signs shall be shielded and focused onto the sign face. Unobstructed light rays shall not be directed skyward or onto adjacent property or right of ways. 7. If any provisions of any other ordinance, statute or law of the State of Michigan impose greater restrictions than herein set forth, then the provisions of such ordinance or stature shall control. D. The following signs are permitted in the following zoning districts. Where requirements of a specific zone district and a general regulation differ, the specific shall prevail. 1. District: R-1, A-1, CR, NR On premise sign advertising a public or quasi-public use. Such sign shall not exceed twelve (12) square feet in area. There shall be no more than one (1) sign for each street upon which the property faces. 2. District: R-1, R-2, R-3, R-4 A freestanding sign advertising a recorded subdivision or development. Such sign shall not exceed thirty-two (32) square feet in area and no more than sixty-four (64) square feet of advertising space. If illuminated, the light source shall not be visible from adjacent properties. Signs shall be placed no closer than ten (10) feet from a street right-of-way. 3. District: R-1, C-1, C-2 On premise sign advertising the permitted professional or office use. Such sign shall not exceed three (3) square feet in area and no more than six (6) square feet of advertising space. If illuminated, the light source may not be visible from adjacent properties. There shall be no more than one (1) such sign for each permitted use. 4. District: C-1, C-2, I-1, A-1 Freestanding directory sign advertising businesses or activities conducted, an area of interest, or a service available on the premises. Such sign shall not exceed thirty-two (32) square feet in area and no more than sixty-four (64) square feet in advertising space. There shall be no more than one (1) sign for each street upon which the property faces. 5. District: C-1, C-2, I-1 Directory signs affixed to, or painted on a building advertising businesses or activities conducted, an area of interest, or a service available on the premises. The total area of such signs shall not exceed ten (10) percent of the area of the building face upon which it is mounted. In addition, the signs shall not exceed the maximum height limitations P:\SAT2002\01G\Zoning Ordinance, adopted

23 permitted in the zoning district. When a sign projects more than three (3) inches from the face of the building, it shall be at least ten (10) feet above the ground at its lowest level. 5. District: I-1, A-1 Signs advertising a general brand or product, an area of interest, a business conducted, or a service available at a location other than the sign location, generally referred to as billboards or off premise signs. Such signs shall not exceed thirty-two (32) square feet in area and no more than sixty-four (64) square feet of advertising space. All such signs shall conform to the height, yard and setback requirements of the zone in which they are located. All such signs shall be spaced not closer than one thousand (1,000) feet to any other billboard on one (1) side of a street or road, or if on opposite sides, shall be no closer than five hundred (500) feet lateral distance along the right-of-way from any other billboard. Such signs shall not be closer than five hundred (500) feet from any major arterial intersection. Off-premise signs or billboards located on properties adjacent to M- 32, M-66 and M-32/M-66 shall be subject to size limitations of the district where located and shall be placed pursuant to a permit from MDOT under the Highway Advertising Act (P.A. 106 of 1972). The location of all signs in this category must receive approval from the Planning Commission prior to construction. E. The following signs shall be permitted without obtaining a permit in any zone; however, this exemption shall not relieve the owner or agent from complying with the applicable provisions and regulations set forth in this section. 1. One (1) non-illuminated sign advertising the sale or lease of the lot or building on which the sign is placed. Such sign shall not exceed eight (8) square feet in area, and no more than one (1) such sign per lot or building is permitted. 2. Signs not over twenty (20) square feet in area with a maximum height of eight (8) feet which denotes the person-firm, architect, engineer, contractor, or agency where construction work is being performed. Such sign shall be removed by the owner, or agent within ten (10) calendar days after completion of the project. 3. Non-illuminated sign advertising a customary home occupation or professional service not to exceed two (2) square feet and attached flat against a building wall. No more than one (1) such sign for each business or service is permitted. 4. Signs inside a building. 5. Temporary non-illuminating signs advertising sales, bazaars and other events provided such signs shall not exceed eight (8) square feet and shall be removed after a period not to exceed sixty (60) days. 6. Political signs no larger than thirty-two (32) square feet and no higher that ten (10) feet from the average grade may be placed on private property. Signs may not be placed in a manner as to cause a traffic hazard or interfere with clear vision areas. Signs must be removed no later than thirty (30) days after the election. 7. Noncommercial signs may be placed on private property. Signs may not exceed thirty two (32) square feet and must not be placed in a manner to cause a traffic hazard or interfere with clear vision areas. P:\SAT2002\01G\Zoning Ordinance, adopted

24 F. Application for a sign permit shall be made and submitted to the Zoning Administrator on appropriate forms furnished by the Administrator. The appropriate fee, as set by the Township Board, shall accompany the application. G. The maintenance of signs and billboards shall be a continuing obligation of the owner of such sign or billboard. Failure to comply with the above shall constitute a nuisance per se and shall be subject to the enforcement provisions of this Ordinance. H. A sign permit shall be valid for one (1) year from date of issuance. If the sign is not completed within one (1) year from the date of the permit, a new application is required Section 3.19 VEHICULAR PARKING SPACE AND ACCESS THERETO A minimum of two hundred (200) square feet, or ten (10) by twenty (20) feet, shall comprise one (1) vehicular parking space. Useable Floor Area shall be used to compute the amount of required parking. At the discretion of the Zoning Administrator or Planning Commission, Usable Floor Area may be computed as eighty percent (80%) of the floor area. Adequate area must be provided for snow piling. Handicap parking must be provided as required by State and Federal regulations. Designation of parking areas must be clearly identifiable for use by the public. A. Residential - two (2) spaces per dwelling unit. B. Theaters, auditoriums, churches, schools, stadiums or any other place of public or private assembly - one (1) parking space for each three (3) seats provided for public or private assembly. C. Retail stores and other places for trade or business - one (1) vehicle space for each two hundred (200) square feet of floor area for public use. D. Food markets and grocery stores - one (1) vehicle parking space for each one hundred (100) square feet of floor area for public use. E. Restaurant, tearooms and cafeterias including taprooms, taverns and nightclubs - one (1) vehicle space for each fifty (50) square feet of floor area for public use. F. Bed and Breakfast Facilities - two (2) spaces for the operator, two (2) spaces for each available guest room and one (1) for each nonresident employee G. Bowling alley - five (5) vehicle spaces for each lane. H. Office building - one (1) parking space for each two hundred (200) square feet of floor area or fraction thereof. I. Other commercial buildings - one (1) parking space for each four hundred (400) square feet of floor area, or fraction thereof, except when otherwise authorized as a Special Exception consistent with the principals set forth herein for comparable buildings. J. Drive-thru business - Drive-through business shall provide adequate queuing space to accommodate the maximum number of cars that may be expected to seek service at any one time without queuing onto the adjacent thoroughfare. There shall be a minimum queuing space for 10 vehicles, unless there is a determination made by a registered P:\SAT2002\01G\Zoning Ordinance, adopted

25 professional engineer, with a specialization in traffic engineering, that a larger or smaller queuing space is warranted. Provisions for parking for drive-through facilities must meet with the approval of the Planning Commission and no parking on the public right-of-way shall be permitted. K. Dance halls, roller rinks, clubs, lodges and other similar places - at least one (1) parking space for each two hundred (200) square feet of floor area. L. Open areas used for commercial purposes: 1. Golf driving range - one (1) parking space for each tee provided. 2. Miniature golf - one (1) parking space for each two (2) persons for whom playing area is provided. 3. Other open areas - one (1) parking space for each two thousand five hundred (2,500) square feet of area or fraction thereof. M. Mortuaries, funeral homes and undertaking establishments - one (1) parking space for each one hundred (100) square feet of floor area for public use. Such space shall be in addition to: (a) employee parking needs; and (b) a service area for mobile equipment, such as hearses and ambulance. N. Marinas - One and one-half (1 ½) spaces per marina slip. Section 3.20 LOADING SPACE REQUIREMENTS For every building, or addition to an existing building, hereafter erected to be occupied by a use allowed in any commercial or industrial zoning district or other similar use requiring the receipt or distribution in vehicles, of materials or merchandise, there shall be provided and maintained on the same premises with such building or addition off street loading spaces in relation to floor area as follows: A. Up to twenty thousand (20,000) square feet one (1) space. B. Twenty thousand (20,000) to fifty thousand (50,000) square feet two (2) spaces. C. Fifty thousand (50,000) to one hundred thousand (100,000) square feet three (3) spaces. D. One (1) additional space for each additional one hundred thousand (100,000) square feet or fraction thereof. Each such loading space shall be at least ten (10) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height. No such space shall be located closer than fifty (50) feet to any lot in any residential or agricultural district unless wholly within a completely enclosed building or enclosed on all sides by a wall. P:\SAT2002\01G\Zoning Ordinance, adopted

26 Section 3.21 NON CONFORMING BUILDINGS AND USES A. Any lawful building or use existing at the time of the enactment of this Ordinance or any building or use that is lawful at the time of any amendment to this Ordinance, may be continued at the discretion of the owner. B. Abandonment of nonconforming use or structure: If a property owner has an intent to abandon a nonconforming use or structure and in fact abandons a nonconforming use or structure for a period of one (1) year, then any subsequent use of the property or structure shall conform to the requirements of this Ordinance. When determining the intent of the property owner to abandon a nonconforming use or structure, the zoning administrator shall consider the following factors: 1. Whether utilities, such as water, gas and electricity to the property have been disconnected. 2. Whether the property, buildings and grounds have fallen into disrepair. 3. Whether signs or other indications of the existence of the nonconforming use have been removed. 4. Whether equipment or fixtures necessary for the operation of the nonconforming use have been removed. 5. Other information or actions that evidence an intention on the part of the property owner to abandon the nonconforming use or structure. C. A township may acquire, by purchase, condemnation, or otherwise private property or an interest in private property for the removal of nonconforming buildings structures and uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or accessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in townships. The elimination of the non-conforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The township board may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act No. 149 of the Public Acts of 1911, as amended being sections to of the Michigan Compiles Laws or other applicable stature. D. Nothing contained in this Ordinance shall be construed to approve, to authorize, or to condone, any nonconforming building structure or use that is otherwise unlawful, or constitutes a hazard or a nuisance. E. Nonconforming Uses. 1. A nonconforming use may be carried on throughout any parts of a building or land which were manifestly arranged or designed for such use. 2. Any nonconforming use which is superseded by a permitted use, shall thereafter conform to the regulations for the district in which the use is located, and the nonconforming use may not thereafter be resumed. 3. Any nonconforming use, may be changed to another nonconforming use provided that the other use is equally or more appropriate to the district than the existing nonconforming use. P:\SAT2002\01G\Zoning Ordinance, adopted

27 F. Nonconforming buildings and structures. 1. Normal maintenance, repairs and cosmetic alterations and improvements of nonconforming buildings and structures may be made throughout its normal life. 2. Extensions or enlargements of nonconforming buildings or structures that are constructed in a conforming way with the ordinance requirements may be permitted. Nothing in this Ordinance shall require any change in the construction or intended use of a building or structure for which the construction was substantially under way on the effective date of this Ordinance. 3. Damaged nonconforming buildings or structures. Any building or structure, whether it be nonconforming because of the building itself or the lot on which it is located, may be reconstructed to its original configuration in the event it is destroyed or partially destroyed by explosive, fire or other acts of God. 4. Extensions, additions, replacement, or enlargement of nonconforming buildings or structures that extend the nonconformity of the building or structure need approval by the Zoning Board of Appeals. Extensions, additions, replacements or enlargements shall not be approved if it is determined the extension, additions, replacements or enlargement is inimical to adjacent properties. Replacement buildings or structures shall be reconstructed only up to its original configuration. Section 3.22 FENCES IN RESIDENTIAL DISTRICTS No fence shall exceed six (6) feet in height. In a yard fronting on a street or road, no fence shall exceed four (4) feet in height and shall be constructed of non-obscuring materials. Fences shall not obstruct clear vision for traffic safety purposes nor create a hazard to traffic or pedestrians. P:\SAT2002\01G\Zoning Ordinance, adopted

28 ARTICLE IV DISTRICTS Section 4.01 KINDS OF DISTRICTS For the purpose of this Ordinance, all of the unincorporated area of South Arm Township is hereby divided into the following zoning Districts. The locations of these Districts are shown on the accompanying ZONING MAP OF THE SOUTH ARM TOWNSHIP. A. Single Family Residential District, R-1 B. Greenbelt Residential District, R-2 C. Mobile Home Park or Manufactured Housing Development Residential District, R-3 D. Multiple Family Residential District, R-4 E. Commercial District, C-1 F. Waterfront Commercial District, C-2 G. Industrial District, I-1 H. Agricultural District, A-1 I. Natural Rivers District, NR J. Conservation Reserve District, CR Section 4.02 ZONING MAP OF SOUTH ARM TOWNSHIP The ZONING MAP OF SOUTH ARM TOWNSHIP and all information and proper notations shown thereon are hereby made a part of this Ordinance. Unless otherwise provided, the boundary lines of all zoning districts shall be interpreted as following along section lines or the division of sections such as quarter and eighth lines; or the centerlines of highways, streets, and waterways; or the shoreline of water bodies; or the boundaries of incorporated areas, recorded plats or subdivision; or property lines of legal record on the date of enactment of this Ordinance, or any extension of said lines. Section 4.03 DETERMINATIONS BY TOWNSHIP ZONING BOARD OF APPEALS All questions concerning the exact location of any zoning district not clearly described shall be determined by the Township Zoning Board of Appeals, consistent with the purpose of this Ordinance, upon written application through the Township Zoning Administrator, or upon its own motion. P:\SAT2002\01G\Zoning Ordinance, adopted

29 ARTICLE V ZONING DISTRICT REGULATIONS Section 5.01 SINGLE FAMILY RESIDENTIAL DISTRICT (R-1) A. Purpose The purpose of this District is to provide for a stable and sound family residential environment with its appropriate neighborhood with utilities and services. B. Use Regulations No land shall hereafter be used, and no building or structure erected, altered or used for other than one or more of the following uses: 1. Detached one-family or two-family dwellings. 2. Farms on land areas of ten (10) acres or more. 3. State licensed residential facilities for six (6) or fewer persons. 4. Special uses that may be authorized in this zoning district include the following uses provided that an application is submitted for a special use permit and approved in accordance with the procedures, provisions and standards of Article VI of this Ordinance. A site plan prepared according to Section 3.14 shall be required.! Home occupations, subject to the provisions of Article VII! Professional offices! Churches and other places of worship and related structures such as a parish hall, parsonage, etc.! Schools, libraries, community buildings, publicly owned buildings! Parks and Playgrounds! Public utility buildings! Sanitariums, convalescent homes, hospitals! Child Care Facilities! Cemeteries, subject to the provisions of Article VII! State licensed residential facilities for seven (7) or more persons! Bed and breakfast facilities, subject to the provisions of Article VII! Planned unit development, subject to the provisions of Article VIII 4. Accessory buildings, structures and uses customarily incidental to any of the above uses when not constituting a nuisance. C. Lot Area No land shall hereafter be used unless the following lot area requirements are provided and maintained: 1. Every parcel of land, upon which a one-family dwelling hereafter erected, shall contain not less than one-half (1/2) acre. 2. Every parcel of land, upon which a two-family dwelling is hereafter erected, shall contain not less than one (1) acre. 3. Every parcel of land used for a single family dwelling in this zone district shall have a minimum lot width of one hundred (100) feet. 4. Every parcel of land used for a two family dwelling in this zone district shall have a minimum lot width of two hundred (200) feet. D. Floor Area No dwelling unit shall hereafter be erected unless the following floor area requirements are provided and maintained: P:\SAT2002\01G\Zoning Ordinance, adopted

30 1. Every dwelling unit hereafter erected or altered in this zoning district shall contain not less than seven hundred forty 740 square feet of floor area on the first floor. 2. Every dwelling unit hereafter erected or altered in this zoning district shall have a minimum dimension of twenty (20) feet in length and twenty (20) feet in width. E. Setbacks No building or structure shall hereafter be erected, altered or used unless the following setbacks and lot area requirements are provided and maintained: 1. Front Setback There shall be a minimum front setback of twenty-five (25) feet. 2. Side Setback There shall be a minimum side setback of ten (10) feet on each side of the building and/or structure. In the event that a building and/or structure is erected on a lot in a plat officially recorded prior to the date of passage of the Ordinance and of lesser width than fifty (50) feet, the side setback of any building and/or structure erected thereon may be reduced to five (5) feet. The exterior side setback of a building and/or structure erected on a corner lot shall not be less in width than the setback required of a building and/or structure fronting on the front lot line. 3. Rear Setback There shall be a minimum rear setback of twenty-five (25) feet. F. Parking Off Street Parking shall be provided as specified in Section G. Height Regulations No building or structure shall hereafter be erected, altered or enlarged unless the following height restrictions are followed and maintained: No building or structure shall exceed thirty (30) feet measured at the average finished grade or two and one half (2½) stories in height, whichever is less. Section 5.02 SINGLE FAMILY GREENBELT RESIDENTIAL DISTRICT (R-2) A. The purpose of this district is to implement a Greenbelt Zone on the lakes, rivers and streams of South Arm Township. This section of the South Arm Township Zoning Ordinance shall include all land to a distance of four hundred (400) feet from the center of the Jordan River, Monroe Creek and Deer Creek, three hundred (300) feet from the ordinary high water mark of Lake Charlevoix and Six Mile Lake or any other lake in the Township, or the first lot adjacent to the water body, whichever is less; unless classified in another zoning district. B. Use Regulations Land and/or buildings in the Greenbelt Zone may be used for the following purposes only: 1. One single family dwelling on each lot. 2. State licensed residential facilities for six (6) or fewer persons. 3. Parks and playgrounds. 4. Accessory buildings, structures and uses customarily incidental to any of the above uses when not constituting a nuisance. C. No new building or structure, nor the enlargement of any building or structure, shall hereafter be erected unless the following setback, lot area, and building requirements are maintained: P:\SAT2002\01G\Zoning Ordinance, adopted

31 1. The minimum lot area shall be thirty thousand (30,000) square feet. Minimum lot frontage on the water, measured at the ordinary high water mark, shall be one hundred (100) feet. 2. Platforms and boardwalks along rivers and streams in the Township shall not exceed twenty (20) feet in length, 80 square feet total size and shall not extend into the water. 3. Total dwellings, buildings, structures, hard surfaces, driveways and parking areas shall not exceed thirty percent (30%) of the total lot area. D. Floor Area Each dwelling unit shall have a minimum first floor area of seven hundred-forty (740) square feet. Every dwelling unit hereafter erected or altered in this zoning district shall have a minimum dimension of twenty (20) feet in length and twenty (20) feet in width. E. Setbacks No building or structure shall hereafter be erected altered or enlarged unless the following setbacks and lot area requirements are provided and maintained: 1. Front Setback There shall be a minimum front setback of one hundred (100) feet from the ordinary high water mark. 2. Side Setback There shall be a minimum side setback of fifteen (15) feet on both sides of the building and/or structure. The exterior side setback of a building and/or structure erected on a corner lot shall not be less in width than the setback required of building and/or structure fronting on the front lot line. 3. Rear Setback There shall be a minimum rear setback of twenty-five (25) feet. F. Parking Off Street Parking shall be provided as specified in Section G. Height No building or structure shall exceed thirty (30) feet in height, measured at the average finished grade. H. Greenbelt Along Lakes, Rivers and Streams A strip of land fifty (50) feet wide bordering each bank of the stream or river from the ordinary high water mark and fifty (50) feet from the shoreline at the ordinary high water mark of the lake, shall be maintained in trees and shrubs. Trees in a space not to exceed one-third (1/3) of the lot width may be trimmed, and shrubs in a space not to exceed one-third (1/3) of the lot width may be removed, for a view of the water and installation of a dock. I. Flood Area and Grade Level No dwelling shall be constructed on lands, which are subject to flooding, or on land where a minimum of four (4) feet between finished grade level and high ground water cannot be met. Land may be filled to meet the minimum requirements only under the following conditions: 1. The fifty (50) foot greenbelt strip is maintained. 2. No material is allowed to enter the water either by erosion or mechanical means. 3. Fill material is of a pervious material. 4. A walk to the water s edge may be constructed from wood or other material no finer than gravel. Such path shall not exceed four (4) feet in width. 5. None of the above is permissible without a permit from the State of Michigan, the U.S. Army Corps of Engineers, and the Charlevoix County Soil Erosion Control Officer. J. Sanitary Waste Systems All installations shall be approved by the Northwest Michigan Community Health Agency. P:\SAT2002\01G\Zoning Ordinance, adopted

32 K. Sub-Soil Drainage Systems No sanitary sewer drain field shall be nearer than forty (40) feet to any sub-soil drainage system or footing drains. No sub-soil or footing drain systems shall empty into any lake, river or stream. Section 5.03 MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) A. Purpose This zoning district is provided to encourage the development of a sound and stable environment for multiple family dwelling units. This zone district will be established only upon approval of an application from the owner of the property proposed for a preplanned apartment, garden apartment or condominium apartment complex. Establishment of this zoning district shall follow the provisions of Article XI, Section (Amendments) of this Ordinance. B. Use Regulations Land and/or buildings in the R-3 Zoning District may be used for the following purposes only: 1. Multiple family dwellings as defined herein. 2. Two (2) family dwelling units. 3. Playgrounds, parks, tot lots, open spaces and other recreational uses either enclosed or in the open. 4. Accessory uses customarily incidental to the proceeding listed permitted uses including, but not limited to, off street parking and loading spaces, and signs, as regulated in Article III of this Ordinance. C. Area Regulations No building or structure shall be hereafter erected, altered or used, unless the following lot area requirements are provided and maintained in connection with such construction, alteration or enlargement for multiple family residential development: 1. Not more than four (4) dwelling units per net acre shall be permitted in this zoning district, except as otherwise here provided. 2. There shall be a minimum of fifty percent (50%) of the net area of the proposed R-3 zoning district maintained as open space for nonprofit recreational uses. 3. Density bonuses will be allowed provided the developer follows the accompanying schedule: Open Spaces* Density** 50% 4 units/acre 55% 6 units/acre 60% 8 units/acre 70% 10 units/acre * Percent of Net Acreage ** Units/Net Acre 4. In the process of determining the net acreage in a particular R-3 project, the developer shall subtract the following from the total acreage of the parcel(s): * Lands having ground water table four (4) feet or less from the surface. * Lands having a slope greater than 20% (twenty (20) feet of grade change in one hundred (100) lineal feet. * Lands covered by water. P:\SAT2002\01G\Zoning Ordinance, adopted

33 * Lands currently being utilized as a power-line or gas-line right-of-way, or dedicated as some other type of right-of-way. D. Floor Area Regulations Each dwelling unit in this zone district shall have a minimum floor area of seven hundred forty (740) square feet of floor area. Every dwelling unit hereafter erected or altered in this zoning district shall have a minimum building width of twenty (20) feet and a minimum building length of twenty (20) feet. E. Setbacks No building or structure shall hereafter be erected, altered or used unless the following setbacks are provided and maintained: 1. Front setback - Where the front yard area is used for parking, there shall be a setback from the right-of-way of each street on which the R-3 Zoning District abuts of at least seventy-five (75) feet; the front twenty-five (25) feet of which shall be landscaped. Where the front yard area is not used for parking, there shall be a setback from the rightof-way of all streets on which the R-3 Zoning District abuts of forty (40) feet; the total of which shall be landscaped. 2. Side and Rear setbacks There shall be minimum side and rear setbacks of thirty (30) feet except where the subject property abuts any agricultural or single family zoning district in which case side and rear setback shall be forty (40) feet. 3. Setbacks between buildings The distance between sides of buildings shall be not less than 20 feet, the distance between the buildings which face front to front, back to back or front to back shall not be less than 50 feet. F. Parking Off Street Parking shall be provided as specified in Section Such parking shall be so placed as not to interfere with any recreation or service area and shall not be less than twenty-five (25) feet from any property lines or street right-of-way lines. 1. All areas provided for use by vehicles shall be surfaced with bituminous asphalt, concrete or similar materials. 2. Areas for loading and unloading delivery trucks and other vehicles and for refuse collection service, fuel and other services shall be provided and shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of access ways or automobile parking facilities. 3. Provisions shall be made for safe and efficient ingress and egress to the public streets and highways servicing the R-3 Zoning District without undue congestion or interference with normal traffic flow. G. Height Regulations No building or structure shall exceed thirty-five (35) feet, measured at the average finished grade, or three (3) stories in height, whichever is less. H. Native Protection The developer shall be required, where possible as determined by the Planning Commission, to preserve or incorporate natural features such as woods, streams and open spaces, which add to the overall development of the area. I. Sanitary Waste All buildings within the zoning district shall be served by a public sanitary sewage disposal system and public water supply system within two (2) years of being available. All utility lines, (Power, telephone, water, gas, cable TV) serving the R-3 Zoning District shall be placed underground. P:\SAT2002\01G\Zoning Ordinance, adopted

34 J. Site Plan A site plan shall be submitted for each multiple family development or other permitted use in the R-3 Zoning District in accordance with Article III, Section 3.14 of this Ordinance, and said plan shall indicate or illustrate how the requirements of this section are being met. The developer shall be encouraged to give consideration to the provision of community areas, laundry facilities, and playground and tot lots and other services necessary for the comfort and convenience of R-3 residents. Section 5.04 MOBILE HOME PARK OR MANUFACTURED HOUSING DEVELOPMENT RESIDENTIAL DISTRICT (R-4) A. Purpose The purpose of this district and its accompanying regulations is to provide for a stable and sound environment for mobile home and manufactured housing residential development. B. Use Regulations Land and/or buildings in the R-4 Zoning District may be used for the following purposes only: 1. Mobile home parks or manufactured housing developments provided that all state regulations governing mobile home parks and manufactured housing developments and the following requirements are met: 2. Each park shall be in single ownership and shall contain a minimum land area of ten (10) acres. 3. All public and private utilities shall be installed underground. 4. Each park shall have a minimum of two (2) access streets entering a public arterial or collector street. 5. All streets within a mobile home park or manufactured housing development shall be blacktopped or paved with the provision of a sixty-six (66) foot right-of-way and a minimum roadway of twenty (20) feet, exclusive of parking facilities. 6. At least twenty (20) percent of the land area shall be retained for open space and recreation purposes. 7. Approvals of the proposed park s water supply and sewage disposal system(s) shall be obtained from the Northwest Michigan Community Health Agency and/or from the State of Michigan. Evidence of their approval must be submitted with the application for a zoning permit. 8. Buildings housing laundry facilities, offices, restrooms or shower facilities, a pool or the sale or rental of goods for the exclusive use of the residents of the park may be permitted as an accessory use. C. Dwelling Unit Site Each dwelling unit in this zoning district shall have a minimum site size of five thousand (5,000) square feet with a minimum width of fifty (50) feet. P:\SAT2002\01G\Zoning Ordinance, adopted

35 D. Floor Area Each dwelling unit in this zoning district shall have a minimum of six hundred (600) square feet of floor area. E. Setback No building or structure shall hereafter be erected, altered or used unless the following setbacks and lot area requirements are provided and maintained: 1. Front setback There shall be a minimum front setback of twenty (20) feet. 2. Side setback There shall be a minimum side setback of ten (10) feet on each side of the building and/or structure excepting the street side of the corner lot where a twenty (20) foot side setback shall be required. 3. Rear setback There shall be a minimum rear setback of twenty (20) feet. F. Parking Off Street Parking shall be provided as specified in Section G. Height Regulations No building or structure shall exceed thirty (30) feet in height, measured at the average finished grade. H. Buffer Strip All mobile home parks or manufactured housing developments must maintain a one hundred (100) foot landscaped buffer strip from any public street that borders the park boundaries, and fifty (50) foot minimum landscaped rear and side yards shall be provided and maintained adjacent to any adjoining properties. I. Sanitary Waste System Private water supply and sewage disposal systems shall be connected to public systems within two (2) years after such public facilities become available within five hundred (500) feet of the park. Sites for travel trailers or camping accommodations may be provided within a mobile home park or manufactured housing development for temporary stays not to exceed fourteen (14) days. These sites shall be provided with restrooms, showers, laundry facilities and water supply. Provisions shall be made for the sanitary disposal of sewage into the public or private system on the premises. J. Sub Soil Drainage All property in any mobile home park or manufactured housing development shall be graded, so as to be well drained, and a means of conveying storm water away from structures and streets shall be provided. K. Site Plan A site plan shall be submitted for each mobile home park or manufactured housing development in accordance with Article III, Section 3.14 of this Ordinance, and said the plan shall indicate or illustrate how the requirements of this section are being met. Section 5.05 COMMERCIAL DISTRICT (C-1) A. Purpose The purpose of this district and its accompanying regulations is to provide areas for business use that primarily serve the motoring and tourist needs of the community. B. Use Regulations No land shall hereafter be used, and no building or structure erected, altered or used for other than one or more of the following uses: 1. Personal service shops, including:! Barber shops P:\SAT2002\01G\Zoning Ordinance, adopted

36 ! Beauty parlors! Laundry and dry cleaning pick-up-shops! Dressmaking and tailoring shops! Shoe repair shops 2. Grocery stores 3. Gift and antique shops 4. Professional offices 5. Motels, hotel and resort cabins 6. Banks 7. Marinas 8. Restaurants 9. Publicly owned building, public utilities buildings, telephone exchange buildings and substations without storage or service yards. 10. Community clubs, fraternal lodges and similar civic and social organizations when not operated for profit. 11. Special uses that may be authorized in this zone district include the following, provided that an application is submitted for a special use permit and approved in accordance with the procedures, provisions and standards of Article VI of this Ordinance:! Travel trailer parks! Campgrounds! Dance and recreation halls! Gasoline and oil service stations, subject to the provisions of Article VII! Dry cleaning establishments! Bars and taverns! New and used car lots! Plant or landscape nurseries, subject to the provisions of Article VII! Private recreation areas, such as golf courses and ski areas! Sexually oriented businesses, subject to the provisions of Article VII! Sawmills! Self-storage warehouses, subject to the provisions of Article VII! Other uses not specifically stated or implied elsewhere which, in the determination of the Planning Commission, are similar to the principal permitted uses provided herein, and in harmony with the character of the District and the purpose and intent of this Section and the Township Master Plan. 12. Accessory uses customarily incidental to the proceeding listed permitted uses including, but not limited to, off street parking and loading spaces, and signs, as regulated in Article III of this Ordinance. C. Lot Area There shall be a minimum lot size of one (1) acre and minimum road frontage of one hundred fifty (150) feet in this zoning district. D. Floor Area No commercial or business building shall hereafter be erected, altered or used having a first floor area of less than six hundred (600) square feet, except for resort cabins which shall have no minimum floor area. E. Setback No use, building or structure shall hereafter be erected, altered or used unless the following setbacks and lot area requirements are provided and maintained: P:\SAT2002\01G\Zoning Ordinance, adopted

37 1. Front setback There shall be a minimum front setback of one hundred (100) feet. 2. Side setback There shall be a minimum side setback of 15 feet on each side of the building and/or structure excepting the street side of the corner lot where a thirty (30) foot side setback shall be required. 3. Rear setback There shall be a minimum rear setback of 30 feet. 4. Lake setback There shall be a minimum lake setback of 75 feet. F. Parking Off street parking shall be provided as specified in Section G. Height of Building No building or structure shall hereafter be erected or altered exceeding a height of thirty (30) feet, measured at the average finished grade. H. Buffer Strip All commercial developments must maintain a twenty (20) foot wide landscaped buffer strip adjacent to any adjoining properties located within another zoning district. I. Other Development Regulations A site plan shall be submitted for each commercial development or other permitted uses in this zoning district in accordance with Article III Section 3.14 of this Ordinance, and said plan shall indicate or illustrate how the requirements of this section are being met. Section WATERFRONT COMMERCIAL DISTRICT (C-2) A. Purpose The purpose of this district is to encourage a compatible mix of land uses related to the waterfront and to provide areas for business use that serve the motoring and tourist needs of the community. B. Use Regulations No land shall be used and no building or structure erected, altered or used for other than one or more of the following uses: 1. Public and private marinas, including incidental and related retail facilities, but excluding boat repair and storage 2. Tourist oriented retail sales and services 3. Bait and sporting goods sales and rentals 4. Motels, hotels, and resort cabins 5. Special uses that may be authorized in this zone district include the following, provided that an application is submitted for a special use permit and approved in accordance with the procedures, provisions and standards of Article VI of this Ordinance:! Boat repair and storage facilities! Restaurants, excluding drive-thru businesses! Public and private parks 6. Accessory uses customarily incidental to the proceeding listed permitted uses including, but not limited to, off street parking and loading spaces, and signs, as regulated in Article III of this Ordinance. P:\SAT2002\01G\Zoning Ordinance, adopted

38 C. Lot Area There shall be a minimum lot size of one (1) acre and a minimum width of one hundred fifty (150) feet in this zone district. D. Floor Area No commercial or business building shall hereafter be erected or altered having a first floor area of less than six hundred (600) square feet, except resort cabins which shall have no minimum floor area. E. Setback No building and/or structure shall hereafter be erected, altered or used unless the following setbacks and lot area requirements are provided and maintained: 1. Front (Water) setback No building and/or structure shall be erected closer than one hundred (100) feet from the water s edge at the ordinary high water mark. 2. Side setback There shall be a minimum side setback of 15 feet on each side of the building and/or structure excepting the street side of the corner lot where a thirty (30) foot side setback shall be required. 3. Rear setback There shall be a minimum rear setback of 30 feet. F. Parking Off street parking shall be provided as specified in Section G. Height of Building No building or structure shall hereafter be erected or altered exceeding a height of thirty (30) feet, measured at the average finished grade. H. Buffer Strip All commercial developments must maintain a twenty (20) foot wide landscaped buffer strip adjacent to adjoining properties located within another zoning district. I. Other Development Regulations A site plan shall be submitted for each commercial development or other permitted uses in this zoning district in accordance with Article III, Section 3.14 of this Ordinance, and said plan shall indicate or illustrate how the requirements of this section are being met. Section 5.07 INDUSTRIAL DISTRICT (I-1) A. Purpose To provide for and to accommodate industrial needs for the entire community in a safe and stable manor. B. Use Regulations No land shall hereafter be used, and no building or structure erected, altered or used for other than one or more of the following uses: 1. Warehouse and storage buildings 2. Lumber and coal yards 3. Laundry and dry cleaning establishments 4. Establishments contained within a building which are operated and used for fabricating, assembling and developing activities and processes of such character as not to become obnoxious or offensive by reason of the emission of smoke, noise, vibration, odor or by reason of the accumulation of unsightly waste material on private or public property with said work. 5. Sawmills 6. Special uses that may be authorized in this zone district include the following, provided that an application is submitted for a special use permit and approved in accordance with the procedures, provisions and standards of Article VI of this Ordinance: P:\SAT2002\01G\Zoning Ordinance, adopted

39 ! Self-storage warehouses, subject to the provisions of Article VII! Other uses not specifically stated or implied elsewhere which, in the determination of the Planning Commission, are similar to the principal permitted uses provided herein, and in harmony with the character of the District and the purpose and intent of this Section and the Township Master Plan. C. Prohibited Uses Tanneries, slaughter houses, stock yards, glue factories, soap factories, oil refineries, or other factories or uses, the normal operation of which cause obnoxious, offensive, unhealthful and harmful odors, fumes, dust, smoke, waste, noise or vibration or under conditions which are dangerous or hazardous to the surrounding property, unless, however, that if the above uses can be shown to use the most effective methods available to eliminate the above objections, they may be permitted upon approval of the Planning Commission. D. Residence in Industrial District No building used exclusively as a dwelling shall be erected or altered on any lot or parcel in any Industrial District. E. Setbacks No building and/or structure shall hereafter be erected, altered or used unless the following setbacks and lot area requirements are provided and maintained: 1. Front setback There shall be a minimum front setback of one hundred (100) feet from the highway right of way. 2. Side setback There shall be a minimum side setback of fifty (50) feet on each side of the building and/or structure. A buffer strip twenty (20) feet in width, as defined herein, shall be provided when this district abuts any other zoning district on either of the side yards. This may be provided as part of the side setback requirement. 3. Rear setback There shall be a minimum rear setback of fifty (50) feet. Such setback shall be kept open and unobstructed for access by fire-fighting equipment. A buffer strip twenty (20) feet in width, as defined herein, shall be provided when this district abuts any other zoning district on the rear yard. This may be provided as part of the rear setback requirement. F. Parking Off Street Parking shall be provided as specified in Section G. Height of Buildings No building or structure shall hereafter be erected or altered exceeding a height of thirty (30) feet, measured at the average finished grade, except as follows: Chimneys, cooling towers, elevators, fire towers, grain elevators, silos, stacks, stage towers, tanks, water towers, pumping towers, radio towers, television antennas, monuments, cupolas and mechanical appurtenances pertaining to and necessary to the permitted uses of the district in which they are located shall not be included in this thirty (30) foot height limit. Section 5.08 AGRICULTURAL DISTRICT (A-1) A. Purpose The purpose of this district and its regulation is to preserve sufficient farmland and its compatible uses. B. Use Regulations No land shall hereafter be used, and no building or structure erected, altered or used for other than the following uses: 1. Farms, including both general and specialized farming and roadside stands. P:\SAT2002\01G\Zoning Ordinance, adopted

40 2. Detached one-family dwellings, two-family dwellings, and seasonal cabins. 3. State licensed residential facilities for six (6) or fewer persons. 4. Special uses that may be authorized in this zone district include the following, provided that an application is submitted for a special use permit and approved in accordance with the procedures, provisions and standards of Article VI of this Ordinance:! Home Occupations and Home Based Businesses, subject to the provisions of Article VII.! Churches, schools, libraries, community center buildings, nurseries, and public owned buildings.! Parks and playgrounds.! Clinics, sanitariums & Hospitals.! Public Utility buildings.! Dog kennels, horse stables and raceways.! Private clubs and other fraternal organizations.! Migrant labor housing.! Sewage treatment facilities and sanitary landfills, provided all applicable regulations of the State of Michigan are followed.! Commercial natural resource extraction or relocation, including sand and gravel, but specifically exempting cases where land grades are changed in connection with the erection or construction of any roads, and other land improvements in which case such operations shall be permitted without a special use permit.! Junkyards and salvage yards, provided a six (6) foot high solid fence is constructed surrounding the property proposed for use as a junkyard or salvage yard and that the junkyard or salvage yard is licensed by the state, subject to the provisions of Article VII.! Golf courses! Truck terminal and fleet dispatch center; providing that consideration is given to the safety and well being of the surrounding neighborhood and that environmental considerations are met. A site plan showing parking facilities and proper ingress and egress shall be provided.! Airports and landing strips, subject to the provisions of Article VII.! Plant or landscape nurseries, subject to the provisions of Article VII.! State licensed residential facilities for seven (7) or more persons! Bed and breakfast facilities, subject to the provisions of Article VII! Planned unit development, subject to the provisions of Article VIII! Gas and oil processing facilities, subject to the provisions of Article VII! Telecommunication towers, subject to the provisions of Article VII! Self-storage warehouses, subject to the provisions of Article VII! Other uses not specifically stated or implied elsewhere which, in the determination of the Planning Commission, are similar to the principal permitted uses provided herein, and in harmony with the character of the District and the purpose and intent of this Section and the Township Master Plan. 5. Accessory buildings, structures, and uses customarily incidental to any of the above permitted uses. C. Size of Premises 1. Every parcel of land upon which a one-family dwelling is hereafter erected, altered, or used shall contain not less than two (2) acres. P:\SAT2002\01G\Zoning Ordinance, adopted

41 2. The minimum lot width shall be two hundred (200) feet. 3. In the Agricultural district (A-1), two dwellings may be located on a lot of record, provided there is adequate acreage per dwelling unit to fulfill the above requirements and further provided that the dwelling units shall be separated by a minimum of fifty (50) feet. D. Floor Area Every dwelling unit hereafter erected, altered, or used shall contain not less seven hundred forty (740) square feet of floor area. If more than one (1) story, the dwelling shall contain a minimum of one thousand (1000) square feet. Every dwelling unit hereafter erected, altered or used in this zoning district shall have a minimum building width of twenty (20) feet and a minimum building length of twenty (20) feet. Seasonal cabins shall have no minimum floor area, width or length. E. Setbacks No building or structure shall hereafter be erected, altered or used unless the following setbacks and lot area requirements are provided and maintained: 1. Front setback There shall be a minimum front setback of twenty-five (25) feet from the highway right-of-way. 2. Side setback There shall be a minimum setback on each side of ten (10) feet. The exterior side setback of a building erected on a corner lot shall not be less in width than the setback required of buildings fronting on the intersecting highway. 3. Rear setback There shall be a minimum rear setback of twenty-five (25) feet in depth. 4. In cases of waterfront property, every building hereafter erected, altered or used shall be located not less than fifty (50) feet from the ordinary high water mark line of a stream and not less than (100 ) feet from a river or lake. F. Height of Buildings No building or structure shall hereafter be erected or altered exceeding a height of thirty (30) feet, measured at the average finished grade, except as follows: Chimneys, fire towers, grain elevators, silos, tanks, water towers, pumping towers, radio towers, television antenna, monuments, and mechanical appurtenances pertaining to and necessary to the permitted uses of the district in which they are located shall not be included in this thirty (30) foot height limit. Section 5.09 NATURAL RIVERS ZONE DISTRICT (NR) A. Purpose The purposes of this zoning district are: 1. To promote the public health safety and general welfare, to prevent economic and ecological damages due to development within the natural river district and to preserve the values of the natural river district for the benefit of present and future generations. 2. To protect the Jordan River s free flowing conditions, fish and wildlife resources, water quality, scenic and aesthetic qualities and historical and recreational values. 3. To prevent flood damages due to interference with natural flood plain characteristics by excluding from the flood plain developments that are vulnerable to flood damages or would create the potential for increases flood levels. 4. To provide for residential development that complements the natural characteristics of the Jordan River system. B. Uses Regulations Land, buildings and structures, erected, altered or used shall be for the following purposes only: 1. One (1) single family dwelling per lot. P:\SAT2002\01G\Zoning Ordinance, adopted

42 2. Camping and other recreational activities, provided no permanent facilities are constructed. 3. Fishing and hunting in compliance with current laws and regulations. 4. Operation of unlicensed off road motor vehicles on designated trails. 5. Mining and extraction industries, provided a three hundred (300) foot setback from the water s edge is maintained. 6. Gas & utility lines, provided theses lines are located below ground. C. Lot Area There shall be a minimum lot area of sixty thousand (60,000) square feet with a minimum width of one hundred fifty (150) feet. D. Floor Area Each dwelling unit in this zone district shall have a minimum of seven hundred forty (740) square feet of floor area. Every dwelling unit hereafter erected, altered or used in this zoning district shall have a minimum building width of twenty (20) feet and a minimum building length of twenty (20) feet. E. Setbacks No buildings or structures shall hereafter be erected, altered or used unless the following yards and lot area requirements are provided and maintained: 1. Front setback (waterfront side) There shall be a minimum front setback of two hundred (200) feet. 2. Side setback There shall be a minimum side setback of fifteen (15) feet on each side of the building or a structure. 3. Rear setback There shall be a minimum rear setback of twenty-five (25) feet. F. Height of Buildings No building or structure shall hereafter be erected or altered exceeding a height of thirty (30) feet, measured at the average finished grade, G. Native Protection A strip one hundred (100) feet wide paralleling the mainstream and twenty five (25) feet wide on the tributaries shall be maintained in trees and shrubs or in its natural state, except that dead, diseased, unsafe or fallen trees may be removed. H. Variances Variances from the above restrictions All proceedings described in Article IX of this Ordinance shall be followed when requesting a variance from regulations in this zoning district. Section 5.10 CONSERVATION RESERVE DISTRICT (CR) A. Purpose The purpose of this district and its regulations is to preserve state and township public park, forest and recreation areas. B. Use Regulations Land and/or buildings in the Conservation Reserve District may be used for the following purposes only: 1. Parks, forests, open space and recreation areas owned by a governmental agency. 2. Docks, launch ramps and associated parking areas. 3. Uses similar to the proceeding, which tends to preserve in substance the scenic character of the area. F. Setbacks No buildings or structures shall hereafter be erected, altered or used unless the following yards and lot area requirements are provided and maintained: P:\SAT2002\01G\Zoning Ordinance, adopted

43 1. Front setback (waterfront side) There shall be a minimum front setback of 0ne hundred (100) feet. 2. Side setback There shall be a minimum side setback of fifteen (15) feet on each side of the building or a structure. 3. Rear setback There shall be a minimum rear setback of twenty-five (25) feet. G. Height of Building No building or structure shall hereafter be erected or altered exceeding a height of thirty (30) feet, measured at the average finished grade, C. Other Regulations There shall be no lot size or floor area regulations in this zoning district. P:\SAT2002\01G\Zoning Ordinance, adopted

44 Section SCHEDULE OF DIMENSIONS, AREA AND BULK REQUIREMENTS Zoning District Min Lot Area (sq ft) Lot Size Yard Setbacks Building Size Min Width (ft) Min Front (ft) Min Side (ft) Min Rear (ft) Min. Width (ft) Min. Floor Area (sq ft) Max. Height (ft) or Stories Max. Percent of Lot Coverage (%) R-1 ½ acre(a) 100(a) (b) or 2 ½ stories NONE R-2 30, % R-3 (c) NONE (d) 30(e) 30(e) or 3 stories 50% R-4 5, NONE NONE C-1 1 acre (i) 15 (i) 30 (I) NONE NONE C-2 1 acre (i) (WATER) 15 (i) 30 (i) NONE 600(f) 30 NONE I-1 NONE NONE NONE NONE 30 NONE A-1 2 acres (g) 10 (g) 25 (g) NONE 740(h)(f) 30 NONE NR 60, NONE CR NONE NONE NONE NONE 30 NONE (a) Two family dwellings require 1 acre and minimum width of 200 feet. (b) Nonconforming lots 50 feet and less may reduce the side setback to five (5) feet. Side setbacks on corner lots may not be less than the required front setback. (c) 4 units per net acre with no less than 50% of the net area reserved for open space. 6 units per net acre with no less than 55% of the net area reserved for open space. 8 units per net acre with no less than 60% of the net area reserved for open space. 10 units per net acre with no less than 70% of the net area reserved for open space. (d) If parking is in the front yard, minimum building set back is seventy five (75) feet, if parking is not in the front yard, the minimum set back is forty (40) feet. P:\SAT2002\01G\Zoning Ordinance, adopted

45 (e) If property is adjacent to any single family zoning district or agricultural district the setback must be forty (40) feet. (f) Cabins and resort cabins are exempt from minimum floor area requirements. (g) Water front lots shall have a minimum set back of fifty (50) feet on a stream and one hundred (100) feet on a river or lake. (h) Buildings with more than one (1) story shall have a minimum of one thousand (1000) square feet of floor area. (i) All commercial developments must maintain a twenty (20) foot wide landscaped buffer strip adjacent to any adjoining properties located within another zoning district. P:\SAT2002\01G\Zoning Ordinance, adopted

46

47 containing more than four (4) dwelling individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall: a. Describe the nature of the special land use request. b. Indicate the property, which is the subject of the special land use request. c. State when and where the special land use request will be considered. d. Indicate when and where written comments will be received concerning the request. e. Indicate that a public hearing on the special land use request may be requested by any property owner or the occupant of any structure located within three hundred (300) feet of the boundary of the property being considered for a special use. 4. The Township Planning Commission, after public hearing procedures, may issue a special use permit. A copy of the decision, with any conditions or reasons for rejection, if it were so, shall be sent promptly to the Zoning Administrator and to the applicant. The application for special use permit may be denied, approved or approved with conditions. Section 6.03 BASIS OF DETERMINATION The Township Planning Commission shall review the proposed special use in terms of the standards stated within this Ordinance and shall find adequate evidence that such use in the proposed location: A. Will be designed, constructed, operated and maintained so as to be harmonious with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed to be located. B. Will not be hazardous or disturbing to existing or future nearby uses. C. Will be equal to or an improvement in relation to property in the immediate vicinity and to the Township as a whole. D. Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility. E. Will not create excessive additional public costs and will not be detrimental to the economic welfare of the Township. Section 6.04 CONDITIONS AND SAFEGUARDS The Township Planning Commission may attach reasonable conditions with the approval of a special use permit. These conditions may include those necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or the activity, to protect the natural environment and conserve the natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Any conditions imposed, however, shall meet all of the following requirements: A. Be designed to protect natural resources, the health, safety, and welfare and the social and economic well being of those who will use the land or activity under consideration, residents P:\SAT2002\01G\Zoning Ordinance, adopted

48 and landowners immediately adjacent to the proposed land use or activity and the community as a whole. B. Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity. C. Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards Section 6.05 REAPPLICATION No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify reconsideration by the Township Planning Commission. Additional grounds for reapplication would be certification by the township attorney that a mistake has been made in proper procedure. Section 6.06 JURISDICTION OF ZONING BOARD OF APPEALS The Zoning Board of Appeals shall have no jurisdiction over decisions of the Township Planning Commission in regard to matters concerning the granting of special use permits. P:\SAT2002\01G\Zoning Ordinance, adopted

49 ARTICLE VII SITE DEVELOPMENT STANDARDS Those permitted uses and special permit uses enumerated in any zoning district, and if included below, shall be subject to the requirements of this Article, in addition to those of the zoning district in which the use is located. Section 7.01 AIRPORTS, AIRCRAFT LANDING FIELDS A. Privately owned and maintained noncommercial 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 four hundred (400) feet from the nearest residential dwelling unit and at least four hundred (400) feet from all other buildings not designed as accessory structures for said aircraft landing field; and 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. Section 7.02 BED AND BREAKFAST FACILITIES While this subsection 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 operation 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 four (4). Each guestroom 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. Parking spaces shall be provided in accordance with the requirement of section D. Signs shall be in accordance with section E. Breakfast may be served only to overnight guests, and in accordance with state and county public health regulations regarding bed and breakfast facilities. F. Any number of dwelling residents may assist with the bed and breakfast operation, but not more than two (2) non-resident employees may be hired. G. 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. P:\SAT2002\01G\Zoning Ordinance, adopted

50 H. Persons operating a bed and breakfast facility shall apply for and receive a permit from the Zoning Administrator prior to commencing operations. Bed and breakfast facilities are subject to inspection by the Zoning Administrator during reasonable business hours. Section 7.03 CAMPGROUNDS, as regulated and licensed by the State of Michigan A. The minimum parcel size for a campground facility shall be 10 acres. B. All sanitary facilities shall be designed and constructed in strict conformance to all applicable health regulations; and C. The campground shall provide a minimum of one hundred (100) feet of buffer area between sites adjacent to neighboring properties and residential dwellings on those properties. Section 7.04 CEMETERIES Minimum lot size shall be five (5) acres. The owner, lessee, agent or designated representative shall maintain the premises in compliance with the township cemetery ordinance and other state and local regulations. Section 7.05 CHURCHES OR PLACES OF WORSHIP 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 spire) above the maximum building height allowable for the district in which the church is located, an additional one (1) foot setback on all sides of the main structure shall be required; and D. Proper vehicular ingress, egress and off-street parking requirements shall be maintained in accordance with Section Section 7.06 COMMERCIAL AND INDUSTRIAL USES Outside storage of trash and/or garbage shall be located in the rear or side yards, screened from view, and vehicular access to such storage shall be maintained. Section 7.07 COMMERCIAL KENNELS AND ANIMAL HOSPITALS A. All kennels and animal hospitals shall be operated in conformity with all pertinent county and state regulations; B. Buildings where animals are kept and animal runs and/or exercise areas are located shall not be less than two hundred fifty (250) feet from any property line. C. The Planning Commission, upon review of the special use permit request may require the installation of noise barriers, which may include but are not limited to vegetative materials. P:\SAT2002\01G\Zoning Ordinance, adopted

51 Section 7.08 COMMERCIAL RIDING STABLES A. For breeding, rearing and/or housing of horses, the minimum lot size, including a residential dwelling, shall be ten (10) acres; B. Structures used as stables shall not be located closer than sixty (60) feet from any property line or less than one hundred (100) feet from any residential dwelling; C. Animals shall be padlocked in a suitably fenced area surrounding or adjacent to said stable to preclude their approaching nearer than sixty (60) feet of any residential dwelling; and 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 7.09 EXTRACTIVE INDUSTRIES A. Height Requirements: Buildings and appurtenances, such as mechanical equipment, stacks and towers, are subject to the height requirements of the district in which the building and appurtenances are located. B. All uses shall conform to the standards for other industrial uses. C. Site Rehabilitation Requirements: All excavated overburden or other materials and structures extending above the natural surfaces (the surface of the ground existing prior to commencement of the operation) shall be leveled or removed, and the surface of the entire parcel restored to a usable condition for development or agriculture. The excavated area shall be graded so that no gradients in disturbed earth shall be steeper than one (1) foot of rise in three (3) feet of horizontal distance. The area so graded shall be seeded with an appropriate grass type to minimize soil erosion and the site shall be contoured to blend with adjacent properties. D. Mining Operations Plan Map: All activities undertaken must comply with a general Mining Operations Plan, which must be submitted at the time of special permit application. This plan must include the proposals and timetables for reclamation of the mining area. E. In addition to the above requirements, the Planning Commission shall consider the following: 1. The size of the property from which topsoil, sand, gravel, or similar materials are to be removed. 2. The amount of topsoil, sand, gravel, or similar materials to be removed. 3. The purpose of such removal. 4. The effect of such removal in causing a safety hazard, creating erosion problems, or altering the groundwater table. 5. The potential for such removal to create sand blows, stagnant water pools or swampy areas. 6. The effect of such removal on the environment and the natural topography and the potential destruction of any natural resource. 7. Potential traffic congestion and problems because of trucks or other vehicles utilized to haul and transport the materials removed. P:\SAT2002\01G\Zoning Ordinance, adopted

52 8. Hours of operation. 9. Fencing and screening of site. 10. Maximum side slopes of mined areas. 11. Timetable for completion of activity. 12. Controls over processing at the site of material brought in from other locations. Section 7.10 FUNERAL HOMES A. Minimum lot area shall be two (2) acres; 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; and C. A caretaker s residence may be located inside the main facility. Section 7.11 GAS AND OIL PROCESSING FACILITIES A. The facility shall comply with all federal, state and local building, environmental and health codes and regulations. B. The applicant shall provide copies of the application for permit to drill, permit to drill, survey record of well location, and plat, as provided to the Supervisor of Wells, Department of Environmental Quality, as part of the permit process for the location and erection of oil and gas processing facilities. C. The facility may incorporate surface land owned or leased by the oil and/or gas company. If leased, the lease documents shall be submitted to the Planning Commission, and the Township Board shall be informed of the length of the lease. D. Because the subject facilities are industrial in nature, the required site plan shall also show adequate visual and sound privacy from adjacent property and public roads. Forested greenbelt, berms, fence screen, landscaping, mufflers, insulation, or other contrivances may be required to insure compliance with visual and sound privacy of the neighboring properties. E. In the event the facility is no longer required or is not used for two (2) years, any buildings, structures, wells, etc. shall be removed and the area restored to its original state. Further, the township may require an evaluation of the site by an entity knowledgeable of environmental protection to insure it is clear of pollutants. This evaluation shall be at the expense of the facility owner/operator. F. The sound level of the facility shall not exceed sixty (60) decibels as measured four hundred and fifty (450) feet in any direction from the facility. G. The facility shall be built no closer than four hundred and fifty (450) feet from an existing dwelling. H. The facility shall be built no closer than one hundred (100) feet from any public road. P:\SAT2002\01G\Zoning Ordinance, adopted

53 Section 7.12 GASOLINE/SERVICE STATION A. No ingress or egress to an automobile service station, public garage or filling station, shall be closer than seventy-five (75) feet from any intersection or residential property line abutting the property on which such facility is located. B. 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. C. All lubrication equipment, hydraulic hoists and pits shall be completely enclosed within a building. All gasoline pumps and canopy overhang 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. D. When adjoining residential property, a six (6) foot masonry wall, obscuring fence or landscape screen shall be constructed parallel to the property line of such residential property. A fixed curb or other barrier to prevent vehicular contact shall protect all masonry walls. E. All outside storage areas for trash, used tires, auto parts and the like shall be enclosed by a (6) foot masonry wall. Outside storage or parking of disabled, wrecked or partially dismantled vehicles shall be screened from view. F. 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. G. All exterior lighting, including signs, shall be hooded or shielded so that glare shall be directed away from the view of adjacent properties and contain a cutoff device to prevent the light from shining above the source of illumination. H. All floor drains shall discharge into a sealed holding tank and be emptied as necessary by a licensed liquid waste transporter to a proper disposal site. Section 7.13 GOLF COURSES A. Any main and accessory buildings shall be set back a minimum of one hundred (100) feet from all street rights-of-way; and B. Areas for vehicular parking shall be maintained on course property. Adequate parking space shall be provided for all anticipated rates of course usage or capacity. Section 7.14 HOME OCCUPATIONS A. No person other than members of the family residing on the premises shall be engaged in such occupation. B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty- P:\SAT2002\01G\Zoning Ordinance, adopted

54 five (25) per cent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square foot in area, non-illuminated, and mounted flat against the wall of the principal building. D. No goods shall be sold from the premises that are not strictly incidental to the principal home occupation conducted therein. E. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided off the street and other than in a required front yard. F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. G. Any such home occupation may be subject to inspection by the Zoning Administrator during reasonable business hours to determine if the home occupation complies with the provisions of this Ordinance. H. The Planning Commission shall have authority to determine whether or not a proposed use and structure complies with this Ordinance and is within the spirit of the same to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety and general welfare of the neighborhood will not thereby be impaired. I. Home Occupations shall be permitted, subject to special use permit, in all zoning districts except that home occupations shall not be permitted in multiple family dwellings. Section 7.15 HOME BASED BUSINESS A. Home Based Businesses shall be permitted, subject to special use permit, only in the Agricultural A-1 Zoning District. B. Applications for a home based business shall provide the following information: 1. A written description of the nature of the business. 2. Number and type of vehicles involved. 3. Hours of operation. 4. A site drawing showing the structures to be used. 5. Location of off-street parking. 6. Number of employees. 7. Amount and type of waste products or effluent discharges (if any). 8. Noise level and types involved (if any). C. All activities shall be conducted within the dwelling or accessory building. P:\SAT2002\01G\Zoning Ordinance, adopted

55 D. The proprietor of the home based business shall reside at the premises. E. The home based business shall not require external alterations or construction features not customary to dwellings. F. The home based business shall be compatible (i.e. not generate nuisances such as excessive noise, electrical interference or other safety hazards or be in violation of any sign or parking ordinances, if any) with residential uses on the same and/or adjacent lots. G. Home based businesses may be conducted by the person or persons occupying the premises as their primary residence and no more than two (2) additional employees. H. Any such home based business may be subject to inspection by the Zoning Administrator during reasonable business hours to determine if the home based business complies with the provisions of this Ordinance.. I. The Planning Commission shall have authority to determine whether or not a proposed use and structure complies with this Ordinance and is within the spirit of the ordinance to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety and general welfare of the neighborhood will not thereby be impaired. J. The Planning Commission may, upon written application, permit in the A-I zoning district only, construction and use of a separate structure compatible in appearance to the principal residential structure for use as a necessary adjunct to the home based business such as a kiln or pottery shop and display area for products made on the premises, provided that the Planning Commission shall have authority to determine whether or not a proposed use and structure complies with this Ordinance and is within the spirit of the same to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety and general welfare of the neighborhood will not thereby be impaired. Section 7.16 JUNKYARDS AND SALVAGE YARDS Use of premises for the operation of a junkyard shall be subject to the following special requirements, in addition to the requirements and standards of the zoning district where located, in order to prevent conflict with or impairment of the principal permitted uses of the zoning district: A. Approval by the State of Michigan shall be submitted along with the Site Plan. B. The Zoning Administrator shall make an investigation as to the suitability of the proposed site. C. A suitable site shall provide a front yard of not less than one hundred twenty-five (125) feet in depth and such yards shall not be used for parking, storage, burning, wrecking or dismantling of any junk or refuse material. D. Yards must be adequately screened so items or goods on the premises are not visible from the road or neighboring properties. Screening must be by a solid, uniformly finished wall or P:\SAT2002\01G\Zoning Ordinance, adopted

56 fence or an adequately maintained evergreen hedge; the height of which screening shall be no less than eight (8) feet and in no case less than that of the enclosed material. E. Glare from any process, such as arc welding, conducted at a junkyard or salvage yard, which emits harmful rays, shall be screened so as not to constitute a hazard or nuisance to adjacent properties. F. Issuance of approval from South Arm Township shall in no way exempt the applicant from any additional laws, ordinances or regulations of the State of Michigan. Section 7.17 LIVESTOCK AUCTION YARDS AND ANIMAL SLAUGHTER HOUSES A. All structures and open areas used for operations shall be located no closer than five hundred (500) feet from the nearest lot line. B. The Planning Commission upon review of the special permit request may require fencing, in accordance with the generally accepted agricultural and management practices as stipulated in the Michigan Right to Farm Act. Section 7.18 PLANT OR LANDSCAPE NURSERIES A. Storage or display area shall meet all applicable yard setbacks and parking requirements stated in this Ordinance. B. Organic plant food, soil or fertilizer shall be sufficiently packed or stored so as not to create adverse health effects or odors for neighboring property owners. C. An office and/or storage building may be constructed or placed on the premises. Such building shall conform to all applicable yard setback and floor area requirements. D. Minimum lot size shall be one (1) acre. E. The premises may be surrounded by fencing or screening. F. Parking shall be in accordance with the requirements of section Section 7.19 SELF-STORAGE WAREHOUSES A. May be located only in the C-1 Commercial, I-1 Industrial, or A-1 Agricultural Districts. B. The minimum lot area shall be two (2) acres. C. No outside storage shall be allowed. D. The use shall be limited to storage only. E. The minimum building and parking setback shall be fifty (50) feet from any public street right-of-way and property line. P:\SAT2002\01G\Zoning Ordinance, adopted

57 Section 7.20 SEXUALLY ORIENTED BUSINESS A. No sexually oriented business shall be permitted in a location in which any principal or accessory structure, including signs, is within one thousand (1,000) feet of any principal or accessory structure of another sexually oriented business. B. May be located only in the I-1 Industrial zoning district. C. No sexually oriented business shall be established on a parcel within two hundred (200) feet of any residence, school, childcare organization, or place of worship. The distance shall be measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of the residence, school, childcare organization, or place of worship. D. The proposed use shall conform to all specific density and setback regulations, etc. of the zoning district in which it is located. E. The proposed use must meet all applicable written and duly adopted standards of South Arm Township and other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and/or governmental agencies has been obtained or is reasonably assured. F. The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or adjacent roadways. G. Any sign or signs proposed for the sexually oriented business must comply with the provisions of this Ordinance, and shall not otherwise include photographs, silhouettes, drawings, or pictorial representations of any type, or include animated or flashing illumination. H. Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business. Lettering no less than two (2) inches in height shall state: 1) "Persons under the age of 18 are not permitted to enter the premises", and 2) "No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission." I. 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 so as to be visible from the nearest adjoining roadway or a neighboring property. J. Hours of operation shall be limited to 12:00 noon to 12:00 midnight. K. All off-street parking areas shall be illuminated during all hours of operation of the sexually oriented business, and until one hour after the business closes. L. Any booth, room or cubicle available in any sexually oriented business, except an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of Specified Anatomical Areas or Specified Sexual Activities, shall be: 1. Handicap accessible to the extent required by the Americans with Disabilities Act; 2. Unobstructed by any door, lock or other entrance and exit control device; P:\SAT2002\01G\Zoning Ordinance, adopted

58 3. Have at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant; 4. Illuminated by a light bulb of wattage of no less than twenty-five (25) watts; 5. Designed and constructed such that it contains no holes or openings in any side or rear walls. M. For the purpose of this Section, the following terms and words are defined as follows: ADULT ARCADE: Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by depicting or describing Specified Sexual Activities or Specified Anatomical Areas. ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration one or more of the following: A. Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations or media which depict or describe Specified Sexual Activities or Specified Anatomical Areas; or B. Instruments, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing Specified Sexual Activities or Specified Anatomical Areas and still be categorized as an Adult Bookstore or Adult Video Store. The sale of such material shall be deemed to constitute a principal business purpose of an establishment if it comprises thirty-five percent (35%) or more of sales volume or occupies thirty-five percent (35%) or more of the floor area or visible inventory within the establishment. ADULT CABARET: A nightclub, bar, restaurant, or similar commercial establishment that regularly features: A. Persons who appear in a state of nudity; B. Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities; C. Films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or D. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. ADULT MOTEL: A hotel, motel or similar commercial establishment that: A. Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas and has a sign visible from the public right of way that advertises the availability of any of the above; P:\SAT2002\01G\Zoning Ordinance, adopted

59 B. Offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twelve (12) hours. ADULT MOTION PICTURE THEATER: A commercial establishment which for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media that are characterized by depiction or description of Specified Sexual Activities or Specified Anatomical Areas. ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons who appear in a state of nudity or live performances that are characterized by exposure of Specified Anatomical Areas or by Specified Sexual Activities. ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ESCORT AGENCY: A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. NUDE MODEL STUDIO: Any place where a person who displays Specified Anatomical Areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, but does not include an educational institution funded, chartered, or recognized by the State of Michigan. NUDITY OR A STATE OF NUDITY: Knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include any of the following: A. A woman's breastfeeding a baby whether or not the nipple or areola is exposed during or incidental to the feeding. B. Material as defined in section 2 of Act No. 343 of the Public Acts of 1984, being section of the Michigan Compiled Laws. C. Sexually explicit visual material as defined in section 3 of Act No. 33 of Public Acts of 1978, being section of the Michigan Compiled Laws. SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity. SEXUALLY ORIENTED BUSINESS: A business or commercial enterprise engaging in any of the following: (1) adult arcade; (2) adult bookstore or adult video store; (3) adult cabaret; (4) adult motel; (5) adult motion picture theater; (6) adult theater; (7) escort agency; (8) nude model studio; and (9) sexual encounter center. P:\SAT2002\01G\Zoning Ordinance, adopted

60 SPECIFIED ANATOMICAL AREAS: Are defined as A. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernibly turgid state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: Means and includes the following: A. The fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breast; B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; C. Masturbation, actual or simulated; or D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. Section 7.21 TRANSMISSION AND COMMUNICATIONS TOWERS A. Steel antenna towers and antenna supporting structures for all classes of communications services, include but are not limited to, AM, FM, CATV, microwave, TV, VHF, cellular telephone, and the like. Such towers shall be constructed in conformity with all applicable rules and regulations of any governmental agency or regulatory body having jurisdiction, and the requirements of Electronic Industries Association (EIA) standards, as amended. B. The tower shall be located on a continuous parcel and setback not less than one (1) times the height of the tower measured from the base of the tower to all points on each property line. C. The base of the tower shall be fully enclosed by a chain link fence not less than six (6) feet in height and located at such distance from the base on all sides of the tower to prevent entry into the radio frequency radiation envelope area. The fence shall be securely locked at all times, except when a representative of the owner of such tower is on the premises for inspection, repair or maintenance. Signs shall be posted on all sides of the fence with adequate warnings of potential hazards. D. All accessory buildings housing transmitting equipment shall be surrounded by a chain link fence at least six (6) feet in height and shall be kept locked at all times, except when a representative of the owner is on the premises for purposes of inspection, repair or maintenance. Adequate signs warning of any hazards shall be placed on all sides of the fence. The accessory buildings shall also be locked at all times, except when a representative of the owner is on the premises for purposes of inspection, repair or maintenance. E. All guy cables and wires shall be wholly located on the premises upon which the tower is located. F. At the time of application for a special permit to construct the tower, the applicant shall submit to the Zoning Administrator a copy of the plans and specifications, together with a copy of all permits and approvals of regulatory bodies and agencies having jurisdiction and a certification of the owner, contractor and/or engineer that the tower meets the minimum standards of the Electronic Industries Association (EIA). P:\SAT2002\01G\Zoning Ordinance, adopted

61 G. The approval of any of the above mentioned towers shall cease when the tower is no longer used for the purpose for which the special permit was initially granted. The applicant shall dismantle the tower within nine (9) months after operations cease. P:\SAT2002\01G\Zoning Ordinance, adopted

62 ARTICLE VIII PLANNED UNIT DEVELOPMENT Section 8.01 PURPOSE The purpose of a Planned Unit Development (PUD) is to encourage flexibility in design and the development of mixed uses within the R-1 and A-1 Zoning Districts on sites with a minimum of 2 acres. By allowing increased density with diverse types of dwellings and mixed uses, it is the objective of the PUD to promote the more efficient use of land, minimize adverse environmental impacts, create permanent open space, and reduce public costs for infrastructure and services. The benefits of any proposed PUD shall be real and tangible and the PUD shall not be used as a means to circumvent existing zoning requirements. Section 8.02 PROCEDURES FOR APPLICATION AND APPROVAL Prior to the submittal of the formal application for the PUD, one or more pre-application conferences between the applicant and the Zoning Administrator, who may request representatives from appropriate Boards, Commissions and agencies, must be held. The preapplication conference(s) are intended to allow the applicant to have their conceptual plan informally reviewed and make sure the applicant understands the purpose and process of the PUD. Following the pre-application conference, at least one public hearing must be held by the planning commission for approval of the preliminary plan. Within one year of the public hearing at which the conceptual plan was approved, the final plan must be submitted to the planning commission for approval of the special use permit. The planning commission may, or may not, require an additional public hearing for the consideration of the final plan. Section 8.03 CONCEPTUAL PLAN REQUIREMENT A conceptual plan shall include the types and placement of all structures, open spaces, recreational facilities, minimum lot sizes, densities, environmental treatment, pedestrian and auto circulation and any proposed commercial and industrial areas. The conceptual plan should also show the conformity of the proposed development with surrounding areas, type of homeowner organizations, if any, and all other information which may be required to gain a satisfactory understanding of the proposed development. After the pre-application conference(s), a preliminary plan is submitted to the Zoning Administrator for the purpose of obtaining a Special Use Permit. The application shall be reviewed in accordance with the processes and procedures required in Article VI. Section 8.04 PRELIMINARY PLAN REQUIREMENTS The preliminary plan shall include enough detail for administrative and legislative analysis and at a minimum, must contain the following: A. Legal description of the property B. A statement of the objectives of the planned development, C. Phasing of residential, public and commercial areas and future selling and/or leasing intentions D. A site plan which meets the requirements of Article 3.14 (B) and (C). P:\SAT2002\01G\Zoning Ordinance, adopted

63 E. Additional written information, including tabulation of land area ratios, and environmental impact statements. F. Any additional information such as traffic studies, comprehensive market analysis or agency reviews, which were determined necessary as a result of the pre-application conference(s). Section 8.05 APPROVAL OF FINAL PLAN Within a period of not more than one (1) year from the date of approval of preliminary plan, the applicant must present to the Zoning Administrator the final development plan. The final plan shall include all the elements of the preliminary plan plus all the changes and/or conditions stipulated by the Planning Commission. The Zoning Administrator shall submit the final plan to the Planning Commission, which shall review it within thirty (30) days of submission. The Planning Commission shall review the final plan and then approve, disapprove or approve with conditions a special use permit. If the final plan is approved, the Register of Deeds shall accept and record the site maps and plans, dedicated streets, properties, open spaces, rights-of-way and additional dedications within the development. If the plan is disapproved, the reasons for the denial shall become part of the public record and presented to the developer in written form. Minor changes may be made to the final plan by the zoning administrator if all of the following conditions are met: A. The final plan does not violate any required provisions of the Ordinance; B. The development area has not been changed by more than ten percent (10%); C. Land reserved for open space has not been reduced by more than ten percent (10%); and D. The total building coverage has not increased by more than five percent (5%). Changes that do not qualify as minor must be approved following the same procedures that are required for a new application. The final plan shall include site plans and applicable engineering drawings sealed by a professional engineer, surveyor, architect or landscape architect. Drawings and plans presented in a general fashion in the preliminary stage shall be presented in detailed character in the final plan. Any legal documents, such as easements, agreements, condominium documents, deed restrictions, etc., and the final draft of Articles of Incorporation, any indentures as well as dedications, shall also be submitted by the applicant. Section 8.06 DESIGN REQUIREMENTS A. Required open space Required open space must be either common (for use by all homeowners in the PUD), or public (open to all members of the general public). Open spaces may consist of natural areas, planting areas, walkways and areas dedicated for recreational uses. Not less than twenty five (25%) of the gross area of the property shall be common or public open space. For application of this section, gross area is defined as the entire site area minus any lakes, rivers, streams, flood plains or wetlands. P:\SAT2002\01G\Zoning Ordinance, adopted

64 B. Density calculations Density increases above those allowed by the underlying R-1 or A-1 Zoning Districts may be approved for the creation and preservation of common open or public open space, the Planning Commission may approve up to a percent (30%) increase in density, accumulated in the following manner: 1. For the first 25% of open space, a 15% increase in density. 2. For each additional 5% open space a 5% increase in density. 3. Density bonuses are subject to Northwest Michigan Community Health Agency approval for water supply and sewage disposal. Section 8.07 PROPERTYOWNERS ASSOCIATION Homeowners associations have the advantage of enabling the residents of a PUD to control, through ownership and maintenance, common space areas and private streets, thereby eliminating or substantially decreasing maintenance costs to the Township. If the developer chooses to institute a propertyowners association, the following minimum criteria must be met: A. The propertyowners association must be created before any property or property rights are sold.; B. Membership must be mandatory for each purchaser and any successive purchaser; C. The open space restrictions must be permanent, not just for a period of years; D. Propertyowners shall be required to pay their pro rata share of any costs; E. The assessment levied by the association shall become a lien on the property if not paid; and 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 propertyowners association and preserving open space areas within the community. The developer must file the master deed or restrictive covenant with the Register of Deeds at the time the final plan is approved, guaranteeing the open space included in the final plan will remain open for their designated purposes or for other open space uses desired by the homeowners association. Additionally, if the development is a site condominium, these restrictions shall be included in the master deed. Section 8.08 ENVIRONMENTAL DESIGN REQUIREMENTS The Planning Commission may require that the site be designed to preserve and protect, to the greatest extent feasible, existing natural or unique land features such as, but not limited to, mature trees, significant vegetation, waterways, steep slopes or scenic views. The Planning P:\SAT2002\01G\Zoning Ordinance, adopted

65 Commission may also require additional plantings be added and maintained in order to minimize erosion potential or to increase the aesthetic appearance of the development. Plantings that do not survive must be replaced no later than the next planting season. Section 8.09 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 PUDs 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. Section 8.10 PRIVATE STREETS Private streets, particularly in PUDs must be designed to accommodate anticipated traffic loads including volume, vehicular weight and size, speed, emergency vehicles and turning radius. 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, the Fire Chief, Sheriff, County Drain Commissioner, Road Commission and the Planning Commission authorize such modifications within the PUD and health, safety and welfare requirements are met. Private streets may be dedicated to 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, to the public. The following residential street standards should be adhered to, unless the Planning Commission permits modification. Type of Street Uses Served Required Right-of- Way (Feet) Width of Pavement Residential dead end or local street 1-6 dwellings dwellings dwellings Residential collector dwellings Neighborhood collector Over 200 dwellings or any commercial use Section 8.11 PARKING STANDARDS The following minimum requirements shall be adhered to: A. For each dwelling unit, there shall be 2 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 so as to prevent through traffic to other parking areas; P:\SAT2002\01G\Zoning Ordinance, adopted

66 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 approved by the Planning Commission; all areas shall be marked so as to provide for orderly and safe loading, parking and storage; and G. All parking areas shall be graded and drained to dispose of all surface water without erosion, flooding or other inconveniences. Section 8.12 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 8.13 GENERAL STANDARDS The principle 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 specified 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: A. 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 residences having no windows or windows at higher levels and having adequate light and ventilation from other areas of the dwelling may decrease building spacing. Residences incorporating effective utility spaces in side yards should be eligible for reduced separation between houses. Where building configurations incorporate the above criteria and have unusual shapes, the spacing of structures may be reduced. B. 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. C. 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. D. 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 a P:\SAT2002\01G\Zoning Ordinance, adopted

67 part of the review process. However, to protect the character of the area, the maximum building height permitted shall be thirty (30) feet. E. Lot Area Requirements - Lot sizes may be reduced below the requirements of the underlying zoning district but may not be below the minimum area required to obtain health department approval for water supply and sanitary sewage disposal. P:\SAT2002\01G\Zoning Ordinance, adopted

68 ARTICLE IX ZONING BOARD OF APPEALS Section 9.01 PURPOSE In order that the objectives of this Ordinance may be fully and equitably achieved, the means shall be provided for competent interpretation of this Ordinance, that adequate but controlled flexibility be provided in the application of this Ordinance, that the health, safety and welfare of the public be secured, and that justice be done, there is hereby established a Township Zoning Board of Appeals. Section 9.02 CREATION, MEMBERSHIP A. The South Arm Township Board shall appoint a Zoning Board of Appeals to consist of not less than three (3) members. The first member of the Zoning Board of Appeals shall be a member of the Township Planning Commission. The remaining members of the Zoning Board of Appeals shall be selected from the electors of the township residing outside of incorporated cities and villages. The members selected shall be representative of the population distribution and of the various interests present in the Township. One member may be a member of the Township Board. No elected officer of the Township nor any employee of the Township Board may serve simultaneously as the third member of or as an employee of the Zoning Board of Appeals. The member who is a member of the Township Board appointed by the Township Board shall not serve as chairman of the Zoning Board of Appeals. Members of the Zoning Board of Appeals shall be removed by the Zoning Board of Appeals for non-performance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest shall constitute misconduct in office. The Township Board may appoint not more than two (2) alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called to serve as a regular member in the absence of a regular member if the regular member is absent from or will be unable to attend two (2) or more consecutive Zoning Board of Appeals meetings or would be unable to attend Zoning Board of Appeals meetings for more than thirty (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 appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Zoning Board of Appeals. B. Terms shall be for three (3) years, except for members serving because of their membership on the Planning Commission or Township Board whose terms shall be limited to the time they are members of the Planning Commission or Township Board respectfully, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. P:\SAT2002\01G\Zoning Ordinance, adopted

69 Section 9.03 RULES OF PROCEDURE A. The Zoning Board of Appeals shall adopt rules and regulations to ensure proper conduct of its meeting. Copies of such regulations shall be made available to the public at the office of the Township Clerk. B. Meetings of the Zoning Board of Appeals shall be open to the public and shall be held at the call of the chairman and at such times as the Zoning Board of Appeals may determine. C. The Zoning Board of Appeals shall act by resolution. The concurring vote of a majority of the members of said Zoning Board of Appeals shall be necessary to reverse any order, requirement, decisions or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which the Zoning Board of Appeals is required to pass under this Ordinance, or to grant variances from the requirements of this Ordinance. D. Records Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of each case. The grounds of every determination shall be stated. Such minutes shall accompany and be attached to the standard forms required of persons appealing as part of the Zoning Board of Appeals permanent records. Such minutes shall become a public record and as such be filed in the office of the Township Clerk. A copy of the decision shall be sent promptly to the applicant and the Zoning Administrator. Minutes shall be sent to all members of the Zoning Board of Appeals promptly and be available for the next meeting. E. Secretary and Counsel The Township Clerk shall be responsible for acting as the secretary, or providing secretarial services for the Zoning Board of Appeals, and all records of the Zoning Board of Appeals action shall be taken and recorded under the Clerk s direction. The Township Attorney may be requested to attend any meeting of the Zoning Board of Appeals. Section 9.04 APPEALS A. Appeals to the Zoning Board of Appeals of any decision, order, requirement or determination made by the zoning administrator, may be taken by any person aggrieved, or by any officer, department, board, or bureau of the Township, County or State. B. Time Limit Any appeal from a ruling of the Zoning Administrator shall be made within thirty (30) days after receipt of the ruling. The person making the appeal must file with the Zoning Administrator a signed notice of appeal specifying the grounds for the appeal. The Zoning Administrator shall immediately transmit to the Zoning Board of Appeals all the papers concerning the case being appealed. C. Hearings Following the receipt of a written request concerning an appeal of a administrative decision, a request for an interpretation or the zoning ordinance or a request for a variance, the Zoning Board of Appeals shall hold a public hearing, after giving the following applicable notice: 1. For 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 with the township and shall be sent to the person filing the appeal and the zoning administrator or P:\SAT2002\01G\Zoning Ordinance, adopted

70 other administrative agency or official whose decision is being appealed no less than five (5) and nor more than fifteen (15) days before the public hearing. 2. For a request seeking an interpretation of the zoning ordinance, a notice stating the time, place and date of the public hearing shall be published in a newspaper of general circulation with the township and shall be sent to the person requesting the interpretation no less than five (5) and nor more than fifteen (15) days before the public hearing. 3. For a variance request, a notice stating the nature of the variance being requested and 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 variance no less than five (5) and nor more than fifteen (15) days before the public hearing. In addition a notice stating the nature of the variance being requested and the time, date, and place of the public hearing shall be sent by first class mail or personal delivery 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 boundary of the property in question. D. Decisions The Zoning Board of Appeals shall return a decision upon each case within a reasonable time after all the evidence of the case has been submitted to the Zoning Board of Appeals. Decisions made by the Zoning Board of Appeals will be forwarded, in writing, to the appealing party and the Zoning Administrator. E. Representation Any party may appear in person or by agent or by attorney at a hearing considering his request or appeal. Section 9.05 DUTIES AND POWERS OF THE ZONING BOARD OF APPEALS The Township Zoning Board of Appeals shall have the following specified duties and powers: A. Review Shall hear and decide appeals from and review, any order, requirement, decision or determination made by the Zoning Administrator in the administration of this Ordinance. B. Interpretation Shall have the power to: 1. Hear and decide upon appeals for the interpretation of the provisions of this Ordinance. 2. Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision on such subject made by the Zoning Administrator. 3. Determine the off-street parking and loading space requirements of any use which is not mentioned in Article III, Section 3.19 or 3.20, either by classifying it with one of the groups listed in that section or by an analysis of the specific need. 4. Have the authority to classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that is conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district. C. Variances The Zoning Board of Appeals shall have the power to authorize, upon appeal, specific variances from the strict requirements of this Ordinance, so that the spirit of the Ordinance is observed, public safety is secured, and substantial justice done only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following: P:\SAT2002\01G\Zoning Ordinance, adopted

71 D. That a need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water or topography and is not due to the applicants personal or economic difficulty. 1. That the need for the requested variance is not the result of the actions of the property owner or previous property owners (self created). 2. The strict compliance with the regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome. 3. That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district. 4. That the requested variance will not cause an adverse impact on surrounding property values, or the use and enjoyment of property in the neighborhood or zoning district. E. Conditions The Zoning Board of Appeals may attach reasonable conditions with the approval of a variance. These conditions may include those necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner, Any conditions imposed, however, shall meet all of the following requirements : 1. Be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole. 2. Be related to the valid exercise of police power, and purposes which are affected by the proposed use or activity. 3. Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration and be necessary to insure compliance with those standards. F. Other regulations and variances: 1. No application for a variance which has been denied wholly by the Zoning Board of Appeals shall be submitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence, proof of changed conditions found upon inspection by the Zoning Board of Appeals to be valid, or the township attorney by a written opinion states that in the attorney's professional opinion the decision made by the Zoning Board of Appeals or the procedure used in the matter was clearly erroneous. 2. Each variance granted shall become null and void, unless the provisions of the variance have been utilized by the applicant within one (1) year after granting of the variance. Section 9.06 STAY OF PROCEEDINGS An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals after the notice of the appeal shall have been filed with him or her that, for reasons of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be P:\SAT2002\01G\Zoning Ordinance, adopted

72 stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals, or on application, by the Circuit Court on notice to the officer from whom the appeal is taken and on due cause shown. P:\SAT2002\01G\Zoning Ordinance, adopted

73 ARTICLE X ZONING ADMINISTRATION AND ENFORCEMENT Section ADMINISTRATION The provisions of this Ordinance shall be administered by the South Arm Township Board in accordance with the State of Michigan, Township Zoning Act, Act 184 of the Public Acts of 1943, as amended. The South Arm Township Board shall employ a Zoning Administrator to act as its officer and except as otherwise provided in this Ordinance, the Zoning Administrator shall administer and enforce this Ordinance including the receiving and processing of applications for zoning permits, special use permits, sign permits, appeals for variances or other matters the Zoning Board of Appeals or Township Planning Commission is required to decide. The Zoning Administrator shall also be responsible for the inspection of premises, the issuance of zoning permits and institution of proceedings for the enforcement of the provisions of this Zoning Ordinance. Section ZONING PERMITS It shall be unlawful for any person to commence excavation for any building or structure or to commence the erection, addition, alteration or repair of any building, structure or parking area or repair or move any building or structure; and no land use shall be commenced or changed until a zoning permit has been secured from the Zoning Administrator. Except upon a written order of the Township Zoning Board of Appeals, no such zoning permit or certificate of compliance shall be issued for any building where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this Ordinance. Exempted from the requirement of obtaining a permit are ordinary farm buildings used in an agricultural pursuit (other than those used or intended for human habitation) such as barns, sheds, out-buildings, silos, grain storage facilities, pens, fences and corrals. Also exempted from the permit requirements are exterior alterations and ordinary maintenance repairs made on all dwellings and their related outbuildings. A property owner claiming exemption from the zoning permit requirements of this section shall be required to submit a written notification to the Zoning Administrator outlining the planned construction, erection, addition alteration or repair, and shall be subject to the setback requirements of the zoning district where located. Section ZONING PERMIT APPLICATION Application for a zoning permit shall be filed in writing with the Zoning Administrator, signed by the person requesting the same or by the duly authorized agent of such person. There shall be submitted with all applications for zoning permits a site plan prepared according to Section 3.14 if applicable, or one (1) copy of a plot plan, giving accurate dimension on either a scale drawing or a rough sketch. Drawings shall be required on all structures and shall contain the following information: A. Existing and intended use of the structure. B. Lines and dimensions of the lots to be used. P:\SAT2002\01G\Zoning Ordinance, adopted

74 C. Location upon the lot of all existing and proposed structures and any streets bordering the property. D. Application for zoning permits under the provision of this Ordinance shall be accompanied by evidence of ownership or written consent of the legal owner of all property affected by the coverage of the permit. E. Other information with respect to the proposed structure, use, lot and adjoining property as may be required by the Zoning Administrator to ensure compliance with all requirements of the Ordinance. In cases of minor alterations, the Zoning Administrator may waive portions of the foregoing requirements obviously not necessary for determination of compliance with this Ordinance. Any permit required by this Zoning Ordinance shall be displayed face out, within twenty-four (24) hours of its issuance by placing the same in a conspicuous place on the premises facing the nearest street and shall be continuously displayed until all work is completed. Section FEE SCHEDULE, PERFORMANCE GUARANTEES, AND ESCROW ACCOUNT FOR ZONING FEES A. To assist in defraying the costs of investigating, reviewing, and administering zoning applications, appeals, rezoning requests from individual property owners, and other types of decisions which result in extra costs to the Township, the Township Board may from time to time adopt by resolution a fee schedule establishing basic zoning fees related to the following: 1. Zoning permits. 2. Sign Permits. 3. Special use permits. 4. Appeals to or requests for interpretations by the Zoning Board of Appeals. Appeals and requests for interpretations initiated by the Township Board, the Planning Commission, or the Zoning Administrator shall not be subject to a zoning fee. 5. Classification of unlisted property uses. 6. Requests for variances from the Zoning Board of Appeals. 7. Requests for rezoning of property by individual property owners. Rezoning of property initiated by the Township Board, or the Planning Commission shall not be subject to a zoning fee. 8. Site plan reviews. 9. Any other discretionary decisions by the Planning Commission or Zoning Board of Appeals. 10. PUDs 11. An "after the fact" fee to be assessed when the applicant develop or uses his or her property in compliance with the zoning regulations in the district in which the property is located, but without first obtaining the required zoning permit. This "after the fact" fee is not intended to be a penalty, but shall consist of the normal application fee plus an amount equal to the legal and administrative cost incurred by the township as the result of the Applicant's failure to initially comply with the requirements of this Ordinance. The amount of these zoning fees shall cover the costs associated with the review of the application or appeal, including but not limited to the costs associated with conducting public P:\SAT2002\01G\Zoning Ordinance, adopted

75 hearings, publishing notices in the newspaper, sending required notices to property owners, postage, photocopying, mileage, time spent by zoning staff, and time spent by the members of the Planning Commission and/or Zoning Board of Appeals. The basic zoning fees are nonrefundable, even when the applicant withdraws an application or appeal. B. If the Planning Commission or Zoning Board of Appeals determines that the basic zoning fees will not cover the actual costs of the application review or appeal, or if the Planning Commission or Zoning Board of Appeals determines that review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys, or other professionals is necessary, then the applicant shall deposit with the Township Clerk such additional zoning fees in an amount determined by the Planning Commission or Zoning Board of Appeals equal to the estimated additional costs. The additional zoning fees shall be held in escrow in the applicant's name and shall be used solely to pay these additional costs. If the amount held in escrow becomes less than ten percent (10%) of the initial escrow deposit or less than ten percent (10%) of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the Planning Commission or Zoning Board of Appeals may require the applicant to deposit additional fees into escrow in an amount determined by the Planning Commission or Zoning Board of Appeals to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this Ordinance shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the Township in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal. C. Performance guarantees. As a condition of approval of any zoning permit, site plan review, special use permit, planned unit development or variance, the Planning Commission, Township Board, Zoning Board of Appeals or the Zoning Administrator, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure that all improvements, conditions and requirements of the approved activity or construction are completed. Such improvements, conditions and requirements may include but shall not be limited to, roadways, sidewalks, curbing, lighting, landscaping, fencing, screening, drainage facilities, utilities, removal of abandoned structures and facilities and site reclamation. The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond acceptable to the Township. Section ENFORCEMENT A. Buildings erected, altered, moved, raised or converted or any use of land or premises carried on in violation of any provision of this Ordinance are declared to be a nuisance per se. B. The Zoning Administrator shall inspect each alleged violation and shall order correction in writing to the violator of all conditions found to be in violation of this Ordinance. Prosecution procedures may initiated by the Zoning Administrator or by the Township Board for a violation that is not corrected within a time period of not less than thirty (30) days nor more than six (6) months. P:\SAT2002\01G\Zoning Ordinance, adopted

76 C. Any person who creates or maintains a nuisance per se as defined in subsection A above or who violates or fails to comply with this Ordinance or any permit issued pursuant to this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Acts 236 of 1961, being Section of Michigan Compiled Laws, and shall be subject to a fine of not more than five hundred and 00/100 ($500.00) Dollars. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this Ordinance. Nothing in section shall exempt the offender from compliance with the provisions of this Ordinance. D. The Township Zoning Administrator is hereby designated as the authorized township official to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court. E. In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding, the township may initiate proceedings in the Circuit Court to abate of eliminate the nuisance per se or any other violations of this Ordinance. P:\SAT2002\01G\Zoning Ordinance, adopted

77 ARTICLE XI INTERPRETATION, VALIDITY, AMENDMENTS, REPEAL OF PRIOR ORDINANCE AND ADOPTION Section INTERPRETATION AND CONFLICT In interpreting and applying the provisions of this Ordinance, the provisions shall be held to be the minimum requirements adopted for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties provided, however, that where this Ordinance imposes a greater restriction upon the use of a building or land than existing easements, covenants or other agreements, the provisions of this Ordinance shall govern or control. Whenever the requirements of this Ordinance differ from the requirements of other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. Section VALIDITY Should any section, clause or provision of this Ordinance be declared by the court to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section AMENDMENTS Amendments to this Zoning Ordinance may be made from time to time in the manner provided by law. A. The regulation and provision stated in the text of this Ordinance and the boundaries of zoning districts shown on the zoning map may be amended, supplemented or changed by Ordinance of the South Arm Township Board. B. Proposals for amendments may be initiated by the South Arm Township Board on its own motion, by the Township Planning Commission or by petition of one (1) or more owners of property to be affected by the proposed amendment. C. The procedure to be followed for initiating and processing an amendment shall be as follows: 1. Each petition by one (1) or more persons for an amendment shall be submitted by application to the Zoning Administrator on a standard form provided and shall be accompanied by the fee prescribed Section 10.04(A) by the Township Board to cover administrative and publication costs. 2. The Township Planning Commission shall consider each proposal for amendment in terms of its own judgement on particular factors related to the individual proposal and in terms of the most likely effect on the community s physical development. The Township Planning Commission may recommend any addition or modifications to the original amendment proposal. 3. After deliberation on any proposal, the Township Planning Commission shall conduct at least one (1) public hearing, notice of the date, time and place of which shall be given by two (2) publications in a newspaper of general circulation in the Township, the first to be P:\SAT2002\01G\Zoning Ordinance, adopted

78 printed not more than thirty (30) days nor less than twenty (20) days and the second not more than eight (8) days before the date of the hearing. Not less than twenty (20) days notice of the time and place of the hearing shall also be given by an affidavit of mailing to each public utility company and to each railroad within the zone affected that has registered its name and mailing address with the Township Planning Commission. The notices shall include the places and times at which the tentative text and any map of the zoning amendment may be examined. 4. In the case of re-zoning requests, the Township Planning Commission shall give a notice thereof to the owner of the property in question, to all persons to whom any real property within three hundred (300) feet of the premises in question is assessed and the occupants of all single and two family dwellings within three hundred (300) feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the address given in the last assessment roll. If the tenant s name is not known, the term occupant may be used. If the notice is delivered by mail, an affidavit of mailing shall be filed with the Planning Commission prior to the hearing. The notice shall be made at least eight (8) days prior to the hearing stating the time, place, date, and purpose of the hearing. 5. Following such hearing, the Township Planning Commission shall consider the testimony taken at the public hearing and its own findings, and shall make a determination as to its recommendation. This recommendation shall then be submitted to the Charlevoix County Planning Commission. The approval of the County Planning Commission shall be conclusively presumed unless the County Planning Commission, within thirty (30) days of its receipt, has notified the Township Clerk of its disapproval. 6. After receipt of the County Planning Commission recommendation, the Township Planning Commission shall transmit the proposed amendment to the Township Board. If the Township Board desires any amendments, changes, additions, or departures, it shall refer the amendment back to the Planning Commission for a report. After receiving the report, the Township Board shall grant a hearing on any proposed amendment to any property owner who by certified mail addressed to the Township Clerk requests a hearing, and shall request the Planning Commission to attend the hearing. Thereafter, at any regular meeting or at any special meeting, the Township Board may ordain and enact into law the proposed amendment to the South Arm Township Zoning Ordinance by the majority of its membership. 7. The Zoning Ordinance, as well as subsequent amendments shall be filed with the Township Clerk, and one (1) notice of ordinance adoption shall be published in a newspaper of general circulation in the Township within fifteen (15) days after the adoption. The notice of ordinance adoption shall include the following information: In the case of an amendment to an existing zoning ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment. The effective data of the ordinance. The place and time where a copy of the ordinance may be purchased or inspected. 8. No application for a rezoning which has been denied by the Township Board shall be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Township Board to be valid or if the township attorney certifies in writing that a procedural error was committed in the process. 9. The Township shall have the power to revoke or cancel any change of zone affected for any failure or neglect to comply with any provisions of this Ordinance, or in case any false statement or misrepresentation is made in any petition, application, specification, plan or sketch submitted or filed pertaining to rezoning proceedings, or for failure to carry P:\SAT2002\01G\Zoning Ordinance, adopted

79 out any provisions of such application, petition, specification, plan or sketch or conditions or provision on which such amendment was granted. Any revocation shall follow the process originally used to change the zone or approve the action of the applicant. Section REPEAL OF PRIOR ORDINANCE The 1981 South Arm Township Zoning Ordinance previously adopted by the Township Board 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. Section ADOPTION OF ZONING ORDINANCE A. A Public Hearing was held on December 14, 2000, and also on March 14, 2001, for this Zoning Ordinance of South Arm Township. The ordinance was adopted by the South Arm Township Board of Trustees at a regular meeting held on March 14, B. Notice of adoption was published in a newspaper having general circulation in South Arm Township on 23 March, 2001 C. The South Arm Township Zoning Ordinance shall become effective on March 31, P:\SAT2002\01G\Zoning Ordinance, adopted

80 AN ORDINANCE TO AMEND SUBSECTION OF TOWNSH.u- TOWNSHIP ZONING ORDINANCE CONCER.~G THE SOUTH ARM HOME OCCUP ATlONS me SOlJ11f ARM TOWNSHIP ORDAINS Section The definition of Home Occupation contained in Scction 2.02 of the South Township Zoning Ordinance is hereby amcnded to lead in its entirety as follows: accessory Structure as a subordinate use by a member of a family residing in the dwelling. The use must be clearly incidental and s~ndary to the use of the parcel orland for residential purposes. SectiOD 2. Amendment or Subsection 7.14B. Subsection 7.14B of the South Arm Township Zoning Ordinance is hereby amended to for the home occupation shajl be clearly incidental and subordinate to the use of the property for occupants, and the totallife8 devoted to the home occupation. both within the dwelling unit and the accessory structure, shall not exceed tw~nty-five (25) percent of the floor area of the dwelling unit. Section 3. Severability. If any section. clause. or provision of this zonng ordinance be declared unconstitutional the remainder of the zoning ordinance. The towusllip board hereby declares that they sentence and clause iltespective of the fact that anyone or more pans, sections. subsections, phrases, sentences or clauses be declarcd invalid. Section 4. Effective Date The zorung ordinance shall become effective eight (8) days. after being published ill a Effective date August 21, 2004 Robert Christensen, U"s Supervisor By: ~~.t/-l.o:1,!j Anita Stephens. It.s C Uk

81 ORDINANCE TION Pre~t: Robc:r1 C~ensen. Stel2hens Absent: No~. It was moved by Robert ChristenX'D a.nd supponed by An,ita Stephens that the following (See attached TOWNSHIP Ro~rt Christ~n. Robert Draves ORDINANCE Lucille Mal~s.. AMENDMENT #1.04) I, the wda"si8j1cd. thc Clak or the ORDINANCE DfCLAREDADOPTED S~"-""}1PY7W'~~~ # B~ ~;~~~~~~~::::::: =: certify that the fortg~ing is a true and C(JO1plete copy of certain pr~ings taken by the South Arm Township BO8.rd of said C<Xmty at its regular m~iil8 held 00 Ausust 11,2004, relative to adoption of the CM'dinance th~ein set fcx1h, that SAid m=.ing was conductcd and public notice of said m~ing was given pursuanllo and in full C(Xnpliance w;th the Open Mccting5 Act. being Ad 267, Public Acts of Michigan, and that the minut~ of ~id m=.ing ~e kept arid will be made available as required by aid Act; this IX'dnance was publishoo in the Petoskey News Review 00 August ~ Adoption Date: August 11, 2004 Publication Date: August 13, 2004 Effective Date: August 21, 2004

82 FURTHER STATES IT WOULD AMENDMENT #5 AN ORDINANCE TO AMEND SECll0N 4.02 OF THE SOUTH ARM TOWNSHIP WNING ORDINANCE TO REWNE PROPERTY IN THE TOWNSHIP FROM R-I TO A-I. THE TOWNSffiP OF soum ARM ORDAINS: Section 1. Amendment of Section 4.02 Zoning Map THE ZONING MAP ARTICLE IV, SECTION 4.02 ORDINANCE IS HEREBY AMENDED TO REZONE PROPERTY SITUATED IN SOUTH FROM R-l (Single Family Residential) to A-I (Agricultural). COMPLETE DESCRIPTION OF EACH PARCEL IS ATTACHED. Section 2. Severability IF ANY ARTICLE, SEcrION, SUBSEcrION, SENTENCE, CLAUSE, PHRASE OR PORTION OF THIS ORDINANCE IS HELD TO BE INV ALffi OR UNCONSTITUTIONAL BY ANY COURT OF COMPETENT JURISDIcrION, THE TOWNSffiP INTENDS SAID PORTION TO BE DISREGARDED, REDUCED AND/OR REVISED SO AS TO BE RECOGNIZED FULLEST EXTENT POSSIBLE BY me TOWNSffiP HAVE PASSED AND ADOPTED WHAT mat REMAINS OF THIS ORDINANCE FOLLOWING THE REMOVAL, REDUCTION OR REVISION OF ANY PORTION SO FOUND TO BE INVALID OR UNCONSTrruTIONAL. Section 3. Effective Date THIS ORDINANCE SHALL BECOME EFFECTIVE SEVEN PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION WmnN 11m TOWNSHIP. ORDINANCE AMENDMENT NO.5 WAS ADOPTED SEPTEMBER 10, 2003 AT THE SOUTH ARM TOWNSHIP REGULAR MEETING, PUBLISHED IN THE PETOSKEY NEWS REVIEW SEPTEMBER 17, 2003 AND IS EFFECTIVE SEPTEMBER 24, Anita Stephens, Clerk Adoption Date: September 10, 2003 Publication Date: September 17, 2003 Effective Date: September 24, 2003

83 TOWNSHIP Re-Adopted OF SOUTH ARM Amendment #4 AMEND THE ZONING PROPERTY located located AGRICULTURAL, EXCEPTING AN AREA APPROXIMATELY 9.8 ACRES IN SIZE (REMAINING 420 ZONED THE TOWNSHIP OF ORDAINS: Section 1. Amendment of Zoning Map. acres owned by Walter Goebel, Property Tax ID# Zone, except as stated above. to Agricultural Section 2. Severability. If any section, clause, or provision of this Zoning Ordinance be declared unconstitutional or otherwise Invalid by a court of competent Jurisdiction, said declaration shall not affect the remainder of the Zoning Ordinance. The Township Board hereby declares that they would have passed this Zoning Ordinance and each part, section, subsection, phrase, subsections phrases, sentences or clauses be declared invalid. Section 3. Effective Date. This Zoning Ordinance Amendment shall become effective seven (7) days after being published in a newspaper of general circulation with the Township. Robert Chfistensen Its:" Supervisor ~ - k~.=l&d'\... -:1 Anita Stephens 13, 2003 Publication Date: August 22, 2003 Effective Date: August 29, 2003 Readopted with full property description on August

84 TOWNS ARM HI P OF SOUTH Amendment #4 R7W, NORTH OF ROGERS ROAD, BEING THE EAST HALF OF THE PARCEL APPROXIMATELY IN SIZE (REMAINING GOEBEL. IN SIZE. Section 1. Amendment of Zoning Map. acres of a 70 acres owned by Walter Goebel, Property Tax 10# to Agricultural Zone, except as stated above. Section 2. Severability. If any section, clause, or provision of this Zoning Ordinance be declared unconstitutional or otherwise invalid by a cour1 of competent jurisdiction. said Township Board hereby declares that they would have passed this Zoning Ordinance and each par1, section, subsection, phrase, sentence and clause irrespective of the fact that anyone or more parts, sections, subsections phrases. sentences or clauses be declared invalid. Section 3. Effective Date. This Zoning Ordinance Amendment shall become effective seven (7) days after being published in a newspaper of general circulation with the Township. TOWNSHIP OF SOUTH ARM Robert Christensen Its: Supervisor Adoption Date: December Publication Date: December Effective Date: December BY: /"'\, Michele Raymohd Its: Clerk ~-c,,>i 0. "bot(e:~.f ~

85 TOWNSHIP OF SOUTH Amendment #3 AN ORDINANCE AMEND ARTICLE Y THE TOWNSHIP OF SOUTH 1. ORDAINS, more adjacent nonconforming lots that are owned by the same person 100 feet of frontage in excess of the first 100 feet of frontage.. 2. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the Ordinance. The Township Board hereby declares that they would have passed this Ordinance and each part, section, subsection, phrase. sentence and clause irrespective of the fact that anyone or more parts, sections, subsections, phrases, sentences or clauses be declared invalid. 3. Effective Date. This Ordinance shall,.becomeffective thirty (30) days after being published in a newspaper of general circulation within the township. TOWNSHIP / By: J Robert Christensen Its: Supervisor Adoption Date: September 11, 2002 Publication Date: September 25, 2002 s: e Effective Date: October 2, 2002 E~~v(. 0:;:); 0

86 AN ORDINANCE TO AMEND ARTICLE III, SECTION 321, FOR THE Amendment #2 v ADDING SUBSECTION DIVISIONS AND COMBINATIONS,-. THE TOWNSHIP OF SOUTH ORDAINS: Section 1. Amendment of ArtIcle III, Section 3.21 Section 3'.21 of Article III in the South Arm Township Zoning Ordinance Is amended to add a Subsection G addressing a zoning lots or follows: Any lots or parcels combined as a zoning lot or parcel as defined in ArtIcle I I of this Zoning Ordinance. or amendments thereto. shall not be divided 80 as to leave remaining a lot or parcel with dimensional or area requirements below those stated In this Zoning Ordinance or any amendment thereto. If the lots when combined still do not meet area or djmenslonaj requirements established by this Zoning Ordinance or any amendment thereto. then the combined lots or parcels or portions thereof may be used as one nonconforming lot of record under this Zoning Ordinance or any amendment thereto. SectIon 2. Severability. If any sect jon, clause, or provision of this Ordinance be declared unconstitutional or 01herwlse Invalid by a court of competent Jurisdiction, said declaration shall not affect the remainder of the Ordinance. The Township Board hereby declares that they would have passed this Ordinance and each part, section, subsectionj phrase, sentence and clause irrespective of the fact that anyone or more parts, sections, subsections, phrases, sentences or clauses be declared invalid. Section 3. Effective Date. This Ordinance shall become effective thirty (30) days after being published in a newspaper of general circulation within the township. " Adoption Date: September 11, 2002 Publication Date: September 25, 2002 By: Robert Christensen Its: Supervisor h 1); Mil Raymond Ito' f".lorl,

87 Two (2) or more lots, Amendment #1 AN ORDINANCE TO AMEND ARTICLE II, SECTION 2.02, BEING THE DEFINrTION SECTION OF THE SOUTH ARM TOWNSHIP ZONING ORDINANCE TO ADD THE DEFINITIONS OF "NONCONFORMING lot OR PARCEL "ZONING LOT OR PARCEL". THE TOWNSHIP OF SOUTH Section 1. Amendment of Article II, Section Section 2.02 of Article II in the South Arm Township Zoning Ordinance is amended to add the definitions of "nonconforming lot or parcel" and "zoning lot or parcel" which shall read in its entirety as follows: Nonconforming Lot or Parcel Section 2. Any lot or parcel or portions of a lot or parcel which lawfully existed at the time this Zoning Ordinance became effective, or amendments thereto, which does not meet the land area or dimensional requirements of this Zoning Ordinance. Zoning Lot or Parcel parcels, combination of lots or parcels or portions of lots or parcels which are contiguous, of record and are under or come under the same ownership at or after the effective date of this Zoning Ordinance or amendment thereto, which, as Individual lots, parcels, or portions of lots or parcels are nonconfom1ing as defined in this Zoning Ordinance shall be considered to be an combined meet lot width and area requirements established by this Zoning Ordinance or any amendment thereto, then no portionof said lot or parcels shall be used or occupied which do not meet area or dimensional requirements established by this Zoning Ordinance. SeverabilIty. If any section, clause. or provision of this Zoning Ordinance be declared unconstitutional or otherwise invalid by a court of competent jurisdiction. said declaration shall Township Board hereby declares that they would have passed this Zoning Ordinance and each part. section, subsection. phrase, sentence and clause irrespective of the fact that anyone or more parts, sections. subsections, phrases. sentences or clauses be declared invalid.

88 Section 3. Effective Date. This Zoning Ordinance shall become effective thirty (30) days after being published in a newspaper of general circulation within the ToWnship. /2 Robert Christensen Its: Supervisor By: Its: Clerk Adoption Date: September 11, 2002 Publication Date: September 25, 2002 Effective Date: October 2,

89 nus ORDINANCE SHALL BECOME EFFECTIVE EIGHT TOWNSHIP ZONING ORDINANCE AMENDMENT #6 AMEND SECTION THE TOWNSHIP OF SOUTH ARM ORDAINS: Section 1. Amendment of Section 4.02 Zoning Map THE ZONING MAP, ARllCLE IV, SECllON 4.02 OF THE SOUni ARM TOWNSmP ZONING ORDINANCE IS HEREBY AMENDED TO REZONE PROPERTY LOCATED IN SOUTH ARM TOWNSmP, CHARLEVOIX COUNTY FROM R-3 MUL nple FAMILY RESIDENTIAL TO A-I AGRICULTURAL Section 2. Severability UNCONSllTUTIONAL BY ANY COURT OF COMPETENT JURISmCllON, THE TOWNSmP INTENDS SAID PORllON TO BE DISREGARDED, REDUCED AND/OR REVISED SO AS TO BE RECOGNIZED TO THE FULLEST EXTENT POSSffiLE BY LAW. THE TOWNSmP FURTHER STATES THAT IT WOULD HAVE PASSED AND ADOPTED WHAT REMAINS OF nns ORDINANCE Section 3. Effective Date THE TOWNSmP. Robert Christensen, Supervisor Adoption Date: July 12,2006 (8) DAYS AFTER CIRCULAllON &s~~~ WITIDN Effective Date: July 29, 2006