COLOMA CHARTER TOWNSHIP MICHIGAN

COLOMA CHARTER TOWNSHIP MICHIGAN COMPREHENSIVE ZONING ORDINANCE Ordinance Number Adopted

Comprehensive Zoning Page ii ZONING ORDINANCE OF COLOMA CHARTER TOWNSHIP Berrien County, Michigan Ordinance Number Current as of Adoption of Ordinance Number Prepared by the: Coloma Charter Township Planning Commission Township Hall 4919 Paw Paw Lake Road Coloma, Michigan 49038 (616) 468-7212

Comprehensive Zoning Page iii TABLE OF CONTENTS ARTICLE I...1 PREAMBLE AND ENACTMENT...1 ARTICLE II...2 TITLE...2 Section 2.01 - Title...2 ARTICLE III...2 ZONING DISTRICTS AND MAP...2 Section 3.01 - Creation of Zoning Districts...2 Section 3.02 - Official Zoning Map...3 Section 3.03 - Certification of Official Zoning Map...3 Section 3.04 - Changes to the Zoning Map...3 ARTICLE IV...4 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES...4 Section 4.01 - District Boundary Lines on Zoning Map...4 Section 4.02 - Boundary of Floodplain Overlay District...5 Section 4.03 - Boundary of the Waterfront Overlay District...5 ARTICLE V...6 APPLICATION OF DISTRICT REGULATIONS...6 Section 5.01 - Regulations Declared to be Minimum Requirements...6 Section 5.02 - Use of Land and/or Structures Must Comply With District Regulations...6 Section 5.03 - Cumulative Counting of Yard, Open Space, Parking/]Loading Space Prohibited...6 Section 5.04 - Reduction Of Yards Below Minimum Requirements Prohibited...6 Section 5.05 - Essential Services Exemption...7 Section 5.06 - PUD Approval Required for Site Condominiums...7 ARTICLE VI...8 NONCONFORMING LOTS, USES AND STRUCTURES...8 Section 6.01 - Intent and Continuation of Nonconforming Lots and Uses...8 Section 6.02 - Nonconformity Declared to be Incompatible with Permitted District Uses...8 Section 6.03 - Application Approved But Non-Constructed Projects...8 Section 6.04 - Nonconforming Lots of Record...8 Contiguous Parcels Under Single Ownership...8 Adjoining Nonconforming Lots Under Single Ownership...9 Lot Area and Lot Frontage Restrictions - Exemption...9 Section 6.05 - Nonconforming Uses of Land (Or Land With Minor Structures Only)...9 Section 6.06 - Nonconforming Structures...9 Section 6.07 - Nonconforming Structures and Structures and Premises in Combination...10 Section 6.08 Replacement of Lawful Non-Conforming Dwellings...11

Comprehensive Zoning Page iv Safety Repairs Permitted...11 Section 6.09 Repairs and Maintenance of Non-Conforming Structures... 11 Ordinary.. 11 Safety Repairs...12 Section 6.10 - Uses Under Special Land Use Provisions Are Not Non-Conforming Uses 12 ARTICLE VII...13 SCHEDULE OF DISTRICT REGULATIONS...13 Section 7.01 - Table of Zoning District Regulations...13 Notes to Table...14 ARTICLE VIII...15 R-1A and R-1B SINGLE-FAMILY RESIDENTIAL DISTRICT...15 Section 8.01 - Intent...15 Section 8.02 - Permitted Principal Uses...15 Section 8.03 - Permitted Accessory Uses...15 Section 8.04 - Uses Requiring Special Land Use Permit...16 Section 8.05 - Building Size, Height, Setbacks, and Lot Coverage Regulations...16 Section 8.06 - Outdoor Storage Prohibited in Front Yards...16 Section 8.07 - Signs...16 Section 8.08 Accessory Buildings and Storage Sheds. 17 ARTICLE IX...18 R-2A and R-2B TWO-FAMILY RESIDENTIAL DISTRICT...18 Section 9.01 - Intent...18 Section 9.02 - Permitted Principal Uses...18 Section 9.03 - Permitted Accessory Uses...18 Section 9.04 - Uses Requiring Special Land Use Permit...18 Section 9.05 - Building Size, Height, Setbacks, and Lot Coverage Regulations...19 Section 9.06 - Outdoor Storage Prohibited in Front Yards...19 Section 9.07 - Signs...19 Section 9.08 - Accessory Buildings and Storage Sheds... 19 ARTICLE X...20 R-3 MULTI-FAMILY RESIDENTIAL DISTRICT...20 Section 10.01 - Intent...20 Section 10.02 - Permitted Principal Uses...20 Section 10.03 - Permitted Accessory Uses...20 Section 10.04 - Uses Requiring Special Land Use Permit...20 Section 10.05 - Building Size, Height, Setbacks, and Lot Coverage Regulations...20 Section 10.06 - Outdoor Storage Prohibited in Front Yards...20 Section 10.07 - Signs...21 Section 10.08 - Accessory Buildings and Storage Sheds 21 ARTICLE XI...22 RMH RESIDENTIAL MOBILE HOME DISTRICT...22 Section 11.01 - Intent...22 Section 11.02 - Permitted Principal Uses...22 Section 11.03 - Permitted Accessory Uses...22 Section 11.05 - Building Size, Height, Setbacks, and Lot Coverage Regulations...22 Section 11.06 - Outdoor Storage Prohibited in Front Yards...22 Section 11.07 - Signs...23

Comprehensive Zoning Page v ARTICLE XII...24 C-1 COMMERCIAL DISTRICT...24 Section 12.01 - Intent...24 Section 12.02 - Permitted Principal Uses...24 Section 12.03 - Permitted Accessory Uses...25 Section 12.04 - Uses Requiring Special Land Use Permit...25 Section 12.05 - Outdoor Storage Screening and Setback Requirements...26 Section 12.06 - Abutting Residential District Setback Requirements...26 Section 12.07 - Building Size, Height, Setbacks, and Lot Coverage Regulations...27 Section 12.08 - Signs...27 Section 12.09 Requirements for Commercial Use as a Bed & Breakfast...27 Section 12.10 - Accessory Buildings and Storage Sheds... 27 ARTICLE XIII...29 M-1 COMMERCIAL-INDUSTRIAL DISTRICT...29 Section 13.01 - Intent...29 Section 13.02 - Permitted Principal Uses...29 Section 13.03 - Permitted Accessory Uses...29 Section 13.04 - Uses Requiring Special Land Use Permit...30 Section 13.05 - Outdoor Storage Screening and Setback Requirements...30 Section 13.06 - Abutting Residential District Setback Requirements...30 Section 13.07 - Building Size, Height, Setbacks, and Lot Coverage Regulations...30 Section 13.08 - Signs...30 Section 13.09 - Accessory Buildings and Storage Sheds 31 ARTICLE XIV...32 M-2 INDUSTRIAL DISTRICT...32 Section 14.01 - Intent...31 Section 14.02 - Permitted Principal Uses...32 Section 14.03 - Permitted Accessory Uses...32 Section 14.04 - Uses Requiring Special Land Use Permit...32 Section 14.05 - Outdoor Storage Screening and Setback Requirements...33 Section 14.06 - Abutting Residential District Setback Requirements....33 Section 14.07 - Building Size, Height, Setbacks, and Lot Coverage Regulations...33 Section 14.08 - Signs...33 ARTICLE XV...35 AG-T TRANSITIONAL AGRICULTURAL / RESIDENTIAL & OPEN LANDS DISTRICT...35 Section 15.01 - Intent...35 Section 15.02 - Right To Conduct Farming Practices...35 Section 15.03 - Permitted Principal Uses...35 Section 15.04 - Permitted Accessory Uses...36 Section 15.05 - Uses Requiring Special Land Use Permit...36 Section 15.06 - Livestock Accessory Use Building Setback Requirements...37 Section 15.07 - Building Size, Height, Setbacks, and Lot Coverage Regulations...37 Section 15.08 - Signs...37 Section 15.09 Residential Accessory Buildings and Storage Sheds. 38

Comprehensive Zoning Page vi ARTICLE XVI...39 AG-P PRIMARY AGRICULTURAL DISTRICT...39 Section 16.01 - Intent...39 Section 16.02 - Right To Conduct Farming Practices...39 Section 16.03 - Permitted Principal Uses...39 Section 16.04 - Permitted Accessory Uses...39 Section 16.05 - Uses Requiring Special Land Use Permit...40 Section 16.06 - Livestock Accessory Use Building Setback Requirements...41 Section 16.07 - Building Size, Height, Setbacks, and Lot Coverage Regulations...41 Section 16.08 - Signs...42 Section 16.09 Residential Accessory Buildings and Storage Sheds. 42 ARTICLE XVII...43 FO-D FLOODPLAIN OVERLAY DISTRICT...43 Section 17.01 - Intent...43 Section 17.02 - Delineation of the Floodplain Overlay District...43 Section 17.03 - Interpretation of Floodplain Boundary...43 Section 17.04 - Regulations Supplemental to Underlying Zoning District Regulations...43 Section 17.05 - Permitted Principal Uses...43 Section 17.06 - Off-Street Parking Permitted As An Accessory Use Within Floodplain...44 Section 17.07 - Permitted Accessory Uses...44 Section 17.08 - Engineering Report Required for Approval of Special Use...45 Section 17.09 - Permit Required for All Construction and Development...44 Section 17.10 - Utilities Required to Minimize Flood Water Infiltration...45 Section 17.11 - MDEQ Permit Required to Alter Water Course...45 Section 17.12 - Penalties for Violation of Floodplain Regulations...45 Section 17.13 - Disclaimer of Liability for Floodplain Regulations...45 ARTICLE XVIII...46 WA WATERFRONT OVERLAY DISTRICT...46 Section 18.01 - Intent...46 Section 18.02 - Description of the District...46 Section 18.03 - Permitted Principal Uses....46 Section 18.04 - Permitted Accessory Uses for Properties Occupied by a Single-Family Dwelling...46 Section 18.05 - Uses Requiring Special Land Use Permit...47 Section 18.06 - Standards for Issuance of a Special Land Use Permit in the WA District...47 Section 18.07 - Uses Not Permitted in the Waterfront Overlay District...48 Section 18.08 Limitation on Application of Waterfront Regulations...48 Section 18.09 - Setback Requirements....48 Section 18.10 - Application of the Zoning Lot Setback Requirements in the Waterfront Overlay District....49 Section 18.11 - Waterfront 45 Degree View Setback Requirement....50 Section 18.12 - Zoning Administrator May Order Use of Alternative Waterfront View Setback Requirement....50 Section 18.13 - Alternative Waterfront View Setback Requirement...50 Section 18.14 - Outdoor Storage Prohibited in Front Yards...55 Section 18.15 Replacement of Lawful Non Conforming Waterfront Dwellings and Commercial Uses Permitted.55 Section 18.16 - Supplemental District Regulations 56 Section 18.17 - Regulations Pertaining To Extending Riparian Access To Water. 56 Section 18.18 Accessory Use Buildings and Storage Sheds 57

Comprehensive Zoning Page vii ARTICLE XIX...59 SUPPLEMENTAL DISTRICT REGULATIONS...59 Section 19.01 - Minimum Residential Building Size Requirements...59 Single-family Dwellings...59 Two-family Dwellings...59 Multi-family Dwellings...59 Section 19.02 - Standards for Single-Family Dwellings...59 Section 19.03 - Visibility at Intersections...61 Section 19.04 - Erection of or an Additions to Dwellings on Property with More than One Principal Structure on a Lot...62 Section 19.05 Creation of Lots/Units of Record 62 Section 19.06 - Exceptions to Height...62 Section 19.07 Non-Habitable and Above Roof Appurtenance Area Requirements...62 Section 19.08 - All Structures to Have Access...62 Section 19.09 Temporary Structures and Permits...62 Temporary Dwelling Structures and Temporary Housing Permit...63 Permit Required for Recreational Vehicle Use as Temporary Housing...63 Mobile Homes Located Within a Licensed Mobile Home Park...63 Temporary Dwelling Use Due to Medical Hardship....63 Other Temporary Structures...64 Circus, Fair, Carnival or Similar Uses Require Temporary Land Use Permit...64 Section 19.10 - Customary Household Pets and Livestock...65 Section 19.11 - Fences...65 Residential Districts Requirements...66 Waterfront Overlay District Requirements...67 Agricultural Districts...68 Commercial and Industrial Districts...68 Permits Required For Erection of Any Fence...69 Section 19.12 - Swimming Pools and Outdoor Hot Tubs or Spas...69 Permit Required for Installation...69 Conformance With Setback Requirements...69 ARTICLE XX...70 SIGN REGULATIONS...70 Section 20.01 - Purpose and Intent...70 Section 20.02 - Zoning Compliance Permit Required...70 Section 20.03 - Plans and Specifications...70 Section 20.04 - Sign Identification Required On All Signs...70 Section 20.05 - Exemptions From Sign Regulations...70 Home Occupations...70 Real Estate Rental and Sales Signs...70 Construction Signs...71 Government Building Signs...71 Traffic and Street Identification Signs...71 Property Identification and Street Address Signs...71 Government Flags and Insignias...71 Legal Notices by Governmental Bodies...71 Architectural Features of Buildings...71 Political Campaign Signs...71

Comprehensive Zoning Page viii Section 20.06 - Alterations...71 Section 20.07 - Maintenance of Signs and Supporting Structure...71 Section 20.08 - Unsafe and Unlawful Signs - Removal Or Repair Order...72 Section 20.09 - Sign Not To Obstruct Views, etc...72 Section 20.10 - Encroachments By Projecting Signs...72 Section 20.11 - Prohibited Signs...72 Section 20.12 - Periodic Sign Inspection and Inventory...72 Section 20.13 - Design, Construction, Erection Standards...73 Compliance With Township Building Code...73 Illumination...73 Confusion with Traffic Control Devices Prohibited...73 Setback From Public Utility Facilities...73 Section 20.14 - Size, Height and Location Standards...73 Parking Lot Signs...73 Billboards...73 Ground Signs...74 Marquee Signs...74 Parapet Signs...75 Projecting and Roof Signs...75 Wall Signs...75 Section 20.15 - Temporary Signs...76 Section 20.16 Property Identification Signs for Developments.76 ARTICLE XXI...77 HOME OCCUPATIONS...77 Section 21.01 - Intent...77 Section 21.02 - Minor Home Occupation Permitted By Right...77 Section 21.03 - Special Land Use Permit Required for Major Home Occupations...78 Section 21.04 - Prohibition of Ammunition and Ammunition Materials...79 ARTICLE XXII...80 MINERAL REMOVAL...80 Section 22.01 - Intent...80 Section 22.02 - Mineral Removal Permit Require 80 Section 22.03 - Districts Where Mineral Removal Is Allowed...81 Section 22.04 - Contents of the Permit Application...81 Section 22.05 - Review of Application...81 Section 22.06 - Standards for Issuance of Permit...82 Section 22.07 - Application Terms and Conditions...82 Section 22.08 - Term of Permit and Renewal...82 Section 22.09 - Performance Bond Required...83 Section 22.10 - Written Decision Issued to Applicant...83 Section 22.11 - Revocation or Suspension of Permit...83 Section 22.12 - Notification of Intent to Revoke Permit and Hearing...83 ARTICLE XXIII...84 COMMUNICATION TOWERS...84 Section 23.01 - Intent...84 Section 23.02 -Towers Prohibited within 4,000 Ft. of Paw Paw and Little Paw Paw Lakes...84 Section 23.03 - Policy of Co-location and Feasibility of Co-location...85 Section 23.04 - Application Requirements for Special Land Use Permit...85

Comprehensive Zoning Page ix Section 23.05 - Standards and Conditions Required for Permit Issuance...86 Section 23.06 - Removal of Abandoned Facilities...89 ARTICLE XXIV...90 PARKING AND LOADING REQUIREMENTS...90 Section 24.01 - General Requirements for Off-Street Parking...90 Determination of Minimum Number of Spaces...90 Prohibition Against Changing Parking/Loading Spaces...90 Collective Use of Single Parking/Loading Area...90 Use Restrictions...90 Minimum Residential Parking Space Requirements...90 Section 24.02 - Table of Required Off-Street Parking Spaces...91 Section 24.03 - Off-Street Parking Lot Layout, Construction, and Maintenance...92 Section 24.04 - Parking Layout and Design Standards...95 ARTICLE XXV...96 SPECIAL LAND USES...96 Section 25.01 - Purpose...96 Section 25.02 - Application, Review and Approval/Denial Procedures...96 Application...96 Need Determination by Zoning Administrator...96 Application Filing With Clerk...97 Application Contents...97 Incomplete Application...97 Planning Commission Review...97 Public Hearing and Notice Requirements...97 Township Board Review and Approval/Denial...98 Issuance of a Special Land Use Permit By Zoning Administrator...98 25.03 - Standards for Approval...99 General Standards...99 Township Board May Add Conditions to Approval...99 Performance Guarantee...100 Section 25.04 - Effective Date of Permit...100 Section 25.05 - Succession and Abandonment of Permit...100 Section 25.06 - Requirement for Compliance - Penalties...101 Section 25.07 - Once Granted a Special Land Use Permit, the Use is a Permitted Use...101 Section 25.08 - Specific Requirements...101 ARTICLE XXVI...102 PLANNED UNIT DEVELOPMENT... 102 Section 26.01 - Intent...102 Section 26.02 - Minimum Requirements...102 Section 26.03 - Inclusion of Special Land Uses and Exception of District Regulation...102 Section 26.04 - Residential PUD Minimum Size Requirement...103 Section 26.05 - Commercial and Industrial PUD Minimum Size Requirements...103 Section 26.06 - Application and Site Plan Review Required for Approval...103 Section 26.07 - Planning Commission Review, Public Hearing and Township Board Report...104 Public Hearing...104 Planning Commission Review and Report...104 Planning Commission Approval/Denial and Recommendations...105

Comprehensive Zoning Page x Section 26.08 - Action of the Township Board...105 Section 26.09 - Maximum PUD Incentive Allowances...105 Residential District Planned Unit Development...105 Commercial District Planned Unit Development...106 Industrial District Planned Unit Development...106 AG-T-Transitional Agricultural/Residential District Planned Unit Developments...107 Section 26.10 - Issuance of Zoning Compliance Permit and Effective Term...107 ARTICLE XXVII...108 SITE PLAN REQUIREMENTS...108 Section 27.01 - Intent...108 Section 27.02 - When A Site Plan Is Required...108 Section 27.03 - Contents Of the Site Plan...108 Section 27.04 - Review Process and Approval/Denial Action...109 ARTICLE XXVIII...111 ADDITIONAL CONDOMINIUM REQUIREMENTS...111 Section 28.01 - Intent...111 Section 28.02 - Information to be Kept Current...112 Section 28.03 - Site Plans; New Project Master Deed, Engineering and Inspections...112 Section 28.04 - Site Plans; Expandable or Convertible Projects...112 Section 28.05 - Master Deed, Restrictive Covenants and "As Built" Survey to be Furnished...112 Section 28.06 - Monuments Required - Site Condominium Projects... 112 Section 28.07 - Boundary Monuments Required - All Condominium Projects...113 Section 28.08 - Compliance with Federal, State, and Local Law...113 Section 28.09 - State and County Approval...113 Section 28.10 - Temporary Occupancy...113 Section 28.11 - Residential Condominium Density Limitation...114 Section 28.12 - Minimum Streets and Road Construction Standards...114 Section 28.13 - Requirement to Submit "Final" Site Plan...114 ARTICLE XXIX...115 ADMINISTRATION AND ENFORCEMENT...115 Section 29.01 - Designation of Zoning Administrator as Enforcement Officer...115 Section 29.02 - Duties and Limitations of the Zoning Administrator...115 Section 29.03 - Issuance of Zoning Compliance Permit or Notification of Denial...116 Section 29.04 - Acceptance of Preliminary Application and Information...116 Section 29.05 - Permit Does Not Wave Compliance...116 Section 29.06 - Role of the Township Board of Trustees...116 Section 29.07 - Role of the Township Planning Commission...117 ARTICLE XXX...118 BOARD OF APPEALS - ESTABLISHMENT AND PROCEDURES...118 Section 30.01 - Establishment of Board of Appeals...118 Section 30.02 - Proceedings of the Board of Appeals and Records...118 Section 30.03 - Powers and Duties of Board of Appeals...118 Section 30.04 - Administrative Appeals...119 Duty of the Zoning Board of Appeals... 119 Filing of An Appeal...119 Required Public Hearing...119 Stay of Proceedings...120

Comprehensive Zoning Page xi Section 30.05 - Variance From the Strict Terms of the Ordinance...120 Role of Zoning Board of Appeals...120 Required Public Hearing...120 Findings of Fact...121 Conditions May Be Attached to Decisions...121 Prohibition Against Variance Permitting a Non Permissible Use...121 Section 30.06 - Reversing Decision of Zoning Administrator...121 ZBA Power of Zoning Administrator...122 Three ZBA Votes Required to Over Turn Administrative Decision.... 122 Section 30.07 - Appeals From a Zoning Board of Appeals Decision... 122 Section 30.08 - Duties of Administrator, ZBA and Township Board on Matters of Appeal...122 ARTICLE XXXI...123 SCHEDULE OF FEE OF CHARGES AND EXPENSES...123 Section 31.01 - Township Board to Establish Fee Schedule...123 Section 31.02 - All Fees To Be Paid Prior To Consideration or Action By the Township...123 ARTICLE XXXII...124 AMENDMENTS...124 Section 32.01 - Initiation of Amendment...124 Section 32.02 - Amendment Procedure...124 Filing of Application...125 Referral To Planning Commission...125 Planning Commission Public Hearing and Recommendation....125 Optional Township Board Public Hearing...125 ARTICLE XXXIII...126 VIOLATIONS...126 Section 33.01 - Complaints Regarding Violations...126 Section 33.02 - Penalties for Violation...126 ARTICLE XXXIV...127 DEFINITIONS...127 Section 34.01 - Terms and Interpretation...127 Section 34.02 - Definitions...127 Accessory Building.127 Accessory Use...127 Accessory Use of Structure...127 Alteration...127 Animals - Domestic or Customary Household Pets...127 Animals - Exotic Pets...127 Animals - Fur bearing...127 Animals - Livestock...127 Animals - Poultry...128 Antenna...128 Appurtenant Building...128 Area (lot)...128 Average Setback...128 Basement...128 Belfry...128 Boat Livery...129

Comprehensive Zoning Page xii Building...129 Buildable Area...129 Building Height...129 Bulk...129 Carport 129 Commercial...130 Commercial Farming...130 Communication Tower...130 Communication Towner - Co-location...130 Condominium...130 Conformance...130 Construct(ion)...130 Cupola...130 Customary Household Pets...130 Deck - Ground Level...130 Domestic Pet...130 Drive-In Restaurant or Refreshment Stand...130 Dwelling...131 Dwelling, Single-Family...131 Dwelling, Mobile Home...131 Dwelling, Sectional Home...131 Dwelling, Two-family... 131 Dwelling, Multiple-Family...131 Dwelling Unit...131 Erect...131 Essential Services...131 Existing...131 Family...131 traditional Family 132 functional Family...132 Farming, Commercial...132 Fence...132 Maintenance free.132 Opaqueness of.132 Filling Station...132 Floor Area...133 Usable...133 Frontage, Road...133 Fully Improved...133 General Development Plan...133 Garage (private). 133 Grade (adjacent ground level...133 Habitable...133 Height...133 Home Occupation - Major...133 Home Occupation - Minor...134 Household Pets...134 Human Occupancy...134 Improvement...134 Partially Improved...134 Unimproved Land...134

Comprehensive Zoning Page xiii Incidental Use...134 Kennel...135 Lands...134 Livestock...135 Loading Space, Off-Street...135 Lot...135 Lot Coverage...135 Lot Frontage...135 Lot Line...135 Lot of Record...135 Lot Types...136 Lot Width...136 Lot-Zoning Lot...136 Master Deed...136 Mezzanine...136 Mobile Home...137 Mobile Home Park...137 Modular Home...137 Move...137 Non-conformance...137 Open Space...137 Outdoor Sale...137 Ownership (held in one ownership)...137 Park...137 Parking Lot, Off-street...137 Partially Improved...138 Person...138 Pets...138 Pools...138 Private Road or Street...138 Principal Use...138 Public Road or Street...138 Public Utility...138 Reconstruct...138 Recreational Vehicle...138 Remove...138 Retaining Wall 138 Restaurant...138 Retail...138 Road...139 Public Road...139 Private Road...139 Road Frontage...139 Roadside Stand...139 Setback...130 Setback Line (Existing)...139 Setback Line (Occupied)...139 Setback Line (Required)...139 Shed, Storage Building...139 Shoreline...139 Sign...139

Comprehensive Zoning Page xiv Sign, Closed Face...140 Sign, Combination...140 Sign, Display Surface...140 Sign, Electric Sign...140 Sign, Ground Sign...140 Sign, Marquee Sign...140 Sign, Number and Surface Area...140 Sign, On-Site...140 Sign, Off-Site...140 Sign, Open Face...140 Sign, Parapet...140 Sign, Projecting...140 Sign, Portable...141 Sign, Projecting Encroaching...141 Sign, Roof...141 Sign, Structure...141 Sign, Temporary...141 Sign, Wall...141 Special Land Use...141 Stable...141 Storage Building...141 Story...141 Story, Half...141 Street...141 Street Line...141 Structure...141 Subdivision, Mobile Home...142 Survey, as built."...142 Township...142 Trailer, Coach, or Travel Trailer or Motor Home...142 Unimproved...142 Uses...142 Accessory Use...142 Principal Use...142 Special Land Use...142 Variance...142 Waterfront Frontage...142 Waterfront Overlay District Description...143 Waterfront Property Description...143 Wetlands1 143 Wholesale...143 Yard, Front...143 Yard, Side...143 Yard, Rear...143 Yard Front, Waterfront District...143 ARTICLE XXXV...144 MISCELLANEOUS...144 Section 35.01 - Comprehensive Review of Ordinance...144 ARTICLE XXXVI...145

Comprehensive Zoning Page xv REPEAL OF CONFLICTING ORDINANCE, ADOPTION AND EFFECTIVE DATE...145 Section 36.01 - Repeal of Conflicting Ordinances...145 Section 36.02 - Severability...145 Section 36.03 - Effective Date...145 Section 36.04 - Adoption... 145

Comprehensive Zoning Page 1 ARTICLE I PREAMBLE AND ENACTMENT An ordinance establishing comprehensive zoning regulations for Coloma Charter Township, Berrien County, Michigan, providing for the administration, enforcement, and amendment thereof, in accordance with the provisions of the Township Rural Zoning Act, Act 184 of the Public Acts of 1943, as amended, and for the repeal of all ordinances in conflict herewith and to provide penalties for violations hereof. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Act 184, P.A. 1943 as amended, empowers the Township to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and The Township Board of Coloma Charter Township has deemed it necessary for the purpose of promoting and protecting the health, safety, morals, and general welfare of the people of Coloma Charter Township to enact such an ordinance; and The Township Board, pursuant to the provisions of Act 184, P.A. 1943, as amended, has appointed a Planning Commission to recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein; and The Planning Commission has divided Coloma Charter Township, hereinafter referred to as the "Township," into districts and has prepared regulations pertaining to such districts in accordance with a basic plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the public health and the general welfare; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and The Planning Commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout the Township; and The Planning Commission has submitted its report to the Township Board; and The Planning Commission has given due notice of public hearing relating to zoning districts, regulations, and restrictions, and has held such public hearing; and WHEREAS, All requirements of Act 184, P.A. 1943, as amended, with regard to the preparation of this ordinance and subsequent action of the Township Board have been met; NOW, THEREFORE, BE IT ORDAINED BY THE CHARTER TOWNSHIP OF COLOMA, BERRIEN COUNTY, MICHIGAN AS FOLLOWS:

Comprehensive Zoning Page 2 ARTICLE II TITLE Section 2.01 - Title. This Ordinance shall be known as the "Zoning Ordinance of Coloma Charter Township," and will be referred to herein as this "Ordinance." ARTICLE III ZONING DISTRICTS AND MAP Section 3.01 - Creation of Zoning Districts. For the purpose of regulating and restricting the location of various uses of land and the location of buildings, designated for specific uses, and also for the purpose of regulating and restricting the volume, height and area of buildings hereafter erected or altered, the following classes of districts are hereby created within Coloma Charter Township, Berrien County, Michigan: R-1A Single-Family Residential District R-1B Single-Family Residential District R-2A Two-Family Residential District R-2B Two-Family Residential District R-3 Multi-Family Residential District RMH Residential Mobile Home District C-1 Commercial District M-1 Commercial-Industrial District M-2 Industrial District AG-T Transitional Agricultural/Residential & Open Lands District AG-P Primary Agricultural District F-OD Floodplain Overlay District WA Waterfront Overlay District

Comprehensive Zoning Page 3 Section 3.02 - Official Zoning Map. The Charter Township of Coloma is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance. Section 3.03 - Certification of Official Zoning Map. The Official Zoning Map shall be identified by the signature of the Township Supervisor, attested by the Township Clerk, and shall bear the seal of the municipality under the following words: This is to certify that this is the Official Zoning Map referred to in Article III, Section 3.02 of Zoning Ordinance Number 20 of the Charter Township of Coloma, Michigan. together with the date of the adoption of this Ordinance. Section 3.04 - Changes to the Zoning Map. If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Township Board. Any unauthorized change on the Official Zoning Map by any person or persons shall be considered a violation of this Ordinance and punishable as provided under Article XXXIII, Section 33.02.

Comprehensive Zoning Page 4 ARTICLE IV RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Section 4.01 - District Boundary Lines on Zoning Map. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed as following such center lines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following municipal boundaries shall be construed as following such municipal boundaries. 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. 6. Boundaries indicated as approximately following the center lines of streams, rivers, lakes, or other bodies of water shall be construed to follow such center lines. 7. Boundaries indicated as parallel to or extensions of features indicated in Rules 1 through 6 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. 8. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections 1 through 7 above, the Board of Appeals shall interpret the district boundaries.

Comprehensive Zoning Page 5 9. Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Township Board may permit, as a Special Land Use, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. Section 4.02 - Boundary of Floodplain Overlay District. Where uncertainty exists as to the boundaries of the Floodplain Overlay District the following rules shall apply: 1. Where disputes arise as to the location of the floodplain overlay district boundary or the limits of the floodway, the Zoning Board of Appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the Zoning Board of Appeals shall be based upon the most current floodplain studies issued by the Federal Emergency Management Agency (FEMA). Where Federal Emergency Management Agency information is not available, the best available floodplain information shall be utilized (See Section 17.02). 2. Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Emergency Management Administration floodplain studies are being questioned, the Zoning Board of Appeals shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Emergency Management Agency or Michigan Department of Environmental Quality (MDEQ) (See Section 17.03). 3. All parties to a map dispute may submit technical evidence to the Zoning Board of Appeals. Section 4.03 - Boundary of the Waterfront Overlay District. Where uncertainty exists as to the boundaries of the Waterfront Overlay District the following rules shall apply: 1. Where disputes arise as to the location of the waterfront overlay district boundary or the limits, the Zoning Board of Appeals shall resolve the dispute and establish the boundary location (See Section 18.02). 2. All parties to a map dispute may submit technical evidence to the Zoning Board of Appeals.

Comprehensive Zoning Page 6 ARTICLE V APPLICATION OF DISTRICT REGULATIONS Section 5.01 - Regulations Declared to be Minimum Requirements. The regulations set by this Ordinance shall be minimum regulations and shall apply uniformly to all structures and lands within each district. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern. Section 5.02 - Use of Land and/or Structures Must Comply With District Regulations. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located. No building or other structure shall hereafter be erected or altered: 1. to exceed the height or bulk limitation contained herein; 2. to accommodate or house a greater number of families than allowed herein; 3. to occupy a greater percentage of lot area; 4. to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; 5. or in any other manner contrary to the provisions of this Ordinance. Section 5.03 - Cumulative Counting of Yard, Open Space, Parking/]Loading Space Prohibited. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. Section 5.04 - Reduction Of Yards Below Minimum Requirements Prohibited. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein.

Comprehensive Zoning Page 7 Section 5.05 - Essential Services Exemption. Essential services shall be permitted as authorized and regulated by law and other Ordinances of the Township, it being the intention hereof to exempt such essential services from the application of this Ordinance. Essential services shall include municipal utility systems, telephone, television, cable-tv systems and the like but not communication towers or electric power generation stations elsewhere regulated. Section 5.06 - PUD Approval Required for Site Condominiums. Any parcel of land currently recorded using a metes and bounds description proposed as a site condominium projects to be recorded pursuant to the Michigan Condominium Act, P.A. 58 of 1974, as amended, containing two (2) or more units or lots shall apply for Township zoning approval as a Planned Unit Development pursuant to the provisions of Article XXVI of this Ordinance.

Comprehensive Zoning Page 8 ARTICLE VI NONCONFORMING LOTS, USES AND STRUCTURES Section 6.01 - Intent and Continuation of Nonconforming Lots and Uses. Within the districts established by this Ordinance, or amendments that may later be adopted, there exist lots, land, structures, and uses thereof which were lawful before this Ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed but not to encourage their continuation. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, except as provided elsewhere in this Ordinance, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district. Section 6.02 - Nonconformity Declared to be Incompatible with Permitted District Uses. Nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of land, structure, or combination thereof shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided elsewhere in this Ordinance. Section 6.03 - Application Approved But Non-Constructed Projects. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to building, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. Section 6.04 - Nonconforming Lots of Record. A. Contiguous Parcels Under Single Ownership. When two (2) or more parcels of land, each of which lack adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use (See Lot - Zoning Lot).

Comprehensive Zoning Page 9 B. Adjoining Nonconforming Lots Under Single Ownership. Any zoning lot of record consisting of two or more nonconforming parcels of land under single ownership, regardless of the form of recording, shall be considered one zoning lot of record and the zoning lot may not be divided to create a lot or zoning lot in violation of the terms of this Ordinance. C. Lot Area and Lot Frontage Restrictions - Exemption. Lot area and lot frontage restrictions shall not apply to any lots or parcels of land which are part of a recorded plat, and at the time of the adoption of this Ordinance such plats disclose lot areas or lot frontages of less than those governed by the terms of this Ordinance. Section 6.05 - Nonconforming Uses of Land (Or Land With Minor Structures Only). Except as provided elsewhere in this Ordinance, where at the time of passage of this Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided: 1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance; 2. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance; 3. If any such nonconforming use of land ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located; and 4. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land. Section 6.06 - Nonconforming Structures. Except as provided elsewhere in this Ordinance, where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

Comprehensive Zoning Page 10 1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; 2. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. Section 6.07 - Nonconforming Structures and Structures and Premises in Combination. Except as provided elsewhere in this Ordinance, if lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. An existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any additional land outside such building. 3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a Special Land Use be changed to another nonconforming use provided that the Township Board, by making findings in the specific case, shall find the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Township Board may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. 4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed. 5. If a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure, or

Comprehensive Zoning Page 11 structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. 6. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction. Section 6.08 -Replacement of Lawful Non-Conforming Dwellings A. Residential dwellings on properties that are lawfully in existence at the time of the enactment of this ordinance or which shall become lawful existing nonconforming buildings or structures due to an amendment to this Ordinance, that is destroyed by an Act of God or accident to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, may be replaced with a new residential building or structure if the following conditions are met: 1. A new dwelling can not be built on the property to meet all of the districts setback requirements. 2. The new dwelling does not exceed the foot print of the nonconforming portions of the original dwelling. 3. There is one dwelling located on the property. 4. The new dwelling must be a minimum of five (5) feet from each side lot line. 5. The new dwelling may not extend outside of the existing structure s width, length, and height if the extension is not in complete compliance with the Schedule of District Regulations (Section 7.01) for this zoning district unless varied by the Zoning Board of Appeals. 6. If the existing dwelling does not have an attached garage, then the new structure need not include an attached garage. Section 6.09 - Repairs and Maintenance of Nonconforming Structures. A. Ordinary Repairs. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs not to exceed twenty five (25) percent of the current replacement cost of the nonconforming structure.

Comprehensive Zoning Page 12 B. Safety Repairs Permitted. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, provided that the cubic content existing when it became not conforming shall not be increased. Section 6.10 - Uses Under Special Land Use Provisions Are Not Nonconforming Uses. Any use which is approved by the Township Board after the effective date of this Ordinance as a Special Land Use in a district under the terms of this Ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

Comprehensive Zoning Page 13 ARTICLE VII SCHEDULE OF DISTRICT REGULATIONS Section 7.01 - Table of Zoning District Regulations (See Article XXVI Planned Unit Development for Group Buildings) Zoning Districts Minimum Lot Size and Dimensions Minimum Yard Setback Minimum Building Floor Area Maximum Building Height Buil Lot Area (sq. Ft. / acres) Road Frontage (feet) Front (feet) Rear (feet) Side (feet) (Sq. Ft.) Stories Feet Per R-1A Single- Family Residential (d) ½ acre 100 30 30 10 1,000 2½ 35 35 R-1B Single- Family Residential (d) 12,000 80 30 30 10 1,000 2½ 35 35 R-2A Two-Family Residential (d) 24,000 100 30 50 10 1,750 2½ 35 35 R-2B Two-Family Residential(d) ) 15,000 100 30 50 10 1,750 2½ 35 35 R-3 Multi-Family Residential (c&d) 24,000 (b) 160 25 50 15 NA 2½ 35 35 RMH Mobile Home 10 acres NA NA NA NA NA NA NA NA C-1 Commercial (a & d) 7,200 60 25 15 10 NA 2½ 35 35 M-1 Commercial-Industrial (a) 20,000 100 25 30 10 NA 2 40 35 M-2 Industrial (a) 20,000 100 25 30 10 NA 2 40 35 AG-T Transitional Agricultural / Residential & Open Space ¾ acre 150 30 30 10 NA 2½ 35 35 AG-P Primary Agricultural 2 acres 200 30 50 10 NA 2 40 35 F-OD Floodplain WA Waterfront Overlay See Article XVII Floodplain Overlay District for Specifications See Article XVIII Waterfront Overlay District for Specifications

Comprehensive Zoning Page 14 Notes to Table 7.01: a. Except for a single-family dwelling, the height of any other building or sign shall not exceed fifty (50) percent of the horizontal distance to the nearest residential district boundary. b. The minimum lot size shall be increased by 2,000 square feet of land areas for each dwelling unit above two (2). c. In the R-3 residential and C-1 Commercial districts, the minimum lot size increases to a minimum of one-half (½) acre for any lot or parcel which does not have access to or is not within three (300) feet of a municipal wastewater collection system. An application for an on-site water supply and wastewater disposal systems approved by the County Health Department shall be filed with the Township Zoning Administrator prior to issuance of a building permit for construction of a building or structure use for human inhabitation or use of any type. d. The minimum first floor area of a one (1) story dwelling is 1,000 square feet. The minimum area of a one and one-half (1½) story dwelling is 1,000 square feet on the first floor and a total of 1,350 square feet for both floors. The minimum area of a two (2) story dwelling is 800 square feet on the first floor, with a minimum total of 1,600 square feet on both floors. Accessory use structures must maintain a twenty (20) foot setback from any dwelling. In the event the dwelling does not have an attached or un-attached garage, the owner must erect a storage building measuring a minimum of 8 feet by 12 feet. e. Residential storage shed buildings (120 square feet or less) are subject to a minimum three (3) foot rear and side yard setback requirement. See Article XIX, Section 19.01 Minimum Residential Building Size requirements.

Comprehensive Zoning Page 15 ARTICLE VIII R-1A and R-1B SINGLE-FAMILY RESIDENTIAL DISTRICT Section 8.01 - Intent. The intent of this district is to provide for a suitable residential environment for families typically with children. To this end, uses are basically limited to single-family dwellings together with certain other uses such as schools, parks, and playgrounds, which provide a neighborhood environment. In keeping with the intent, development is regulated to a moderate density. Commercial and other uses tending to be incompatible with the intent of this district are prohibited. R1-A represents lots not served by public sewers and R1-B represents lots served by public sewers. Section 8.02 - Permitted Principal Uses. Land, buildings or structures in this zoning district may only be used for single-family dwelling and related purposes. Section 8.03 - Permitted Accessory Uses. Accessory uses or accessory use structures are limited to those compatible with singlefamily dwelling uses and are limited to the following: 1. Private garage. 2. Garden house, tool house, play house, greenhouses. 3. Automobile parking for the domestic use of the dwelling unit. 4. Any use customarily incidental to the permitted principal use. 5. Private fenced-in swimming pool designed and operated only for occupants of principal buildings and their personal guests. 6. Minor Home Occupations.