Title

Preamble

ARTICLE 1 - ENACTING CLAUSE AND SHORT TITLE

ARTICLE 2 - DEFINITIONS

ARTICLE 3 - CLASSIFICATION OF DISTRICTS

3.1 ZONE DISTRICTS

3.2 MAP

3.3 LOT DIVIDED BY ZONE LINE

ARTICLE 4- GENERAL PROVISIONS

4.1 ZONING AFFECTS ALL STRUCTURES AND LAND AND THE USE THEREOF.

4.2 RESTORING UNSAFE BUILDINGS.

4.3 BUILDING PERMITS.

4.4 PENDING BUILDING PERMITS.

4.5 MIXED OCCUPANCY.

4.6 REQUIRED AREA OR SPACE.

4.7 TRAFFIC VISIBILITY AND CORNER CLEARANCE.

4.8 INSTITUTIONAL USES AND ESSENTIAL SERVICES.

4.9 YARDS.

4.10 PRINCIPAL USE.

4.11 DWELLING ON REAR OF LOTS.

4.12 CORNER LOTS.

4.13 TEMPORARY SALES.

4.14 BASEMENT DWELLINGS.

4.15 WALLS AND FENCES.

4.16 HEIGHT EXCEPTIONS.

4.17 SEWER AND WATER.

4.18 REFUSE, TRASH AND JUNK CONTROL.

4.19 HOME OCCUPATIONS.

4.20 PRIVATE SWIMMING POOLS.

4.21 FLOOD PLAIN.

4.22 TRANSITION ZONING.

4.23 EXCAVATION OF TOP SOIL.

4.24 GREENBELT PRESERVATION.

4.25 ACCESS TO A STREET.

4.26 WASTE CONTAINERS.

4.27 VARIANCES RECORDED.

4.28 MOBILE HOMES AND STRUCTURES.

4.29 DWELLING WIDTH AND STANDARDS

 

TITLE

An ordinance enacted pursuant to the authority contained in Act 184 of the Public Act of Michigan for 1943, as amended, known as the "Township Rural Zoning Act" for the establishment of zoning districts in the unincorporated portions of WILCOX Township, within which districts the use of land for agriculture, forestry, recreation, residence, industry, trade, migratory labor camps, soil conservation, water supply conservation, and additional uses of land may be encouraged, regulated or prohibited; for the adoption for such districts of provisions designating or limiting the location, height, number of stories, and size of dwellings, buildings and structures, including tents and recreational vehicles which may hereafter be erected or altered; for the regulation of the area of yards, courts, and other open spaces and the sanitary, safety and protective measures that shall be required for such dwellings, buildings and structures, including tents and recreational vehicles; for the designation of the maximum number of families which may be housed in buildings, dwellings and structures, including tents and recreational vehicles; to establish a Zoning Board of Appeals, to grant authority to said board in addition to that expressly provided in said Public Act 184; to provide standards to guide actions and decisions of said board; to provide for the enforcement of the provisions of said ordinance and penalties and other relief for the violation of said ordinance; and to provide for the amendment thereof and the repeal of all ordinances or parts of ordinances in conflict therewith.

 

PREAMBLE

In accordance with the authority and intent of Act 184 of the Public Acts of 1943, as amended, the township desires to provide for its orderly development which is essential to the well-being of the community and which will place no undue burden upon developers, industry, commerce, residents, food producers, the natural resources, or energy conservation. The township further desires to assure adequate sites for industry, commerce, food production, recreation, and residences; to provide for the free movement of vehicles upon the streets and highways of the township; to protect industry, commerce, food producers, natural resources, energy consumption and residences against incongruous and incompatible uses of land; to promote the proper use of land and natural resources for the economic well-being of the township as a whole; to assure adequate space for the parking of vehicles of customers and employees using commercial, retail and industrial areas; to assure that all uses of land and buildings within the township are so related as to provide for economy in government and mutual support; and to promote and protect the public health, safety, comfort and convenience and general welfare of all persons and property owners within the township.

ARTICLE 1 - ENACTING CLAUSE AND SHORT TITLE

1.1 ENACTING CLAUSE

The township of Wilcox, County of Newaygo, State of Michigan ordains:

1.2 SHORT TITLE.

This Ordinance shall be known as the WILCOX TOWNSHIP ZONING ORDINANCE of 1991.

ARTICLE 2 - DEFINITIONS

2.1 DEFINITIONS.

When not inconsistent with the context, words used in the present tense include the future tense, words used in the singular number include the plural number and words used in the plural number include the singular. The word "shall" is always mandatory and not merely directory. The word "building" includes the word "structure" and vice versa. Terms not herein defined shall have the meanings customarily assigned to them. For the purpose of this Ordinance certain terms and words are herewith defined:

.1 ABANDONMENT: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

.2 ABUTTING: Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

.3 ACCESSORY BUILDINGS: A subordinate structure on the same premises with a main building, occupied or devoted to an accessory use. Where an accessory building is attached to a main building, such accessory building shall be considered part of the main building.

.4 ACCESSORY USE: A use naturally and normally incidental and subordinate to a principal use on the same premises.

.5 ALLEY: A dedicated public way other than a street which provides only secondary access to abutting property and is not intended for general traffic circulation.

.6 ALTERATION OF BUILDING: A change in the supporting member of a building, an addition, diminution, change in the use or conversion of a building or the removal of a building from one location to another.

.7 APARTMENT: A structure designed or used as the residence or sleeping place for one or more persons, including one-family, two-family and multiple dwelling apartment hotels, tourist cabins, trailers, or seasonal dwellings.

.8 AUTOMOTIVE SALES AREA: An area used for the display, sale or rental, but not for the repair, of new or used motor vehicles, boats, trailers, farm equipment, construction equipment or mobile homes in operable condition.

.9 AUTOMOTIVE REPAIR SHOP: A garage building or area where repairs of motor vehicles, boats, trailers, farm equipment or similar equipment are made for a fee. May or may not be in conjunction with a compatible business.

.10 BASEMENT: The portion of a building which is partially or wholly below grade. See 4.14 for exceptions.

.11 BED AND BREAKFAST INN: A house or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises.

.12 BILLBOARD: An outdoor sign advertising services or products, activities, persons or events which were not made, produced, assembled, stored, distributed, leased, sold, or conducted upon the premises upon which the billboard is located. Also commonly referred to as an "off-site sign", since it is not located on the same site or parcel as the business, service, event or product it advertises.

.13 BORROW PIT: Any place or premises where dirt, soil, sand, gravel, or other material is removed below the grade of surrounding land for any purpose other than that necessary and incidental to site grading or building construction.

.14 BUFFER AREA (SCREENING): A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

.15 BUILDING: Anything constructed or erected which requires permanent location on the ground or attachment to something having such location. The term "structure" shall mean the same.

.16 BUILDING CODE: The Building Code is the Michigan Construction Code as currently amended.

.17 BUILDING INSPECTOR: The person or persons designated by the Township Board to enforce the building code.

.18 BOARDING HOUSE OR ROOMING HOUSE: A dwelling having one kitchen and used for the purpose of providing meals and/or lodging for compensation to more than two persons other than members of the family occupying such dwelling.

.19 CAMPGROUND: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.

.20 CHURCH OR PLACE OF RELIGIOUS WORSHIP: An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

.21 COMMERCIAL USE: An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

.22 CONDITIONAL USE: A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare.

.23 DENSITY: The number of dwelling units per acre.

.24 DEVELOPMENT: The division of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

.25 DISTRICT (ZONE): The township of Wilcox shall be divided into Zoning Districts, as hereinafter described, within which districts no buildings or premises shall be used and no building shall hereafter be erected, altered, or located except for the uses and purposes hereinafter set forth as "permitted uses" under each separate zoning district classification, or hereinafter set forth as "special land uses" under each such zoning district classification; subject, however, to such prior approval as is hereinafter required to be obtained from the Township Board for such special land uses.

.26 DOMESTIC ANIMALS (HOUSEHOLD PET): Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, canaries, parrots, parakeets, or goldfish.

.26A DRAIN COMMISSION: The Newaygo County Drain Commissioner.

.26B DRIVEWAY: Path or road extending from a public or private road or right-of-way to a single building, dwelling or structure, intended to provide ingress and egress primarily for the occupants thereof.

.27 DWELLING, ONE (SINGLE) FAMILY: A detached residential building designed for or occupied exclusively by one family.

.28 DWELLING, SEASONAL: A dwelling not used for permanent residence and not occupied for more than six months in each year.

.29 DWELLING UNIT: One or more rooms connected with kitchen and bathroom facilities, designed for living and sleeping purposes by one or more persons.

.30 ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by private companies or municipal departments or public utilities including gas, electrical, steam, communication, safety, water supply and distribution system, sanitary sewer and storm sewer systems.

.31 EASEMENT: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

.32 FARM: Any parcel of land containing at least five (5) acres which is used for the raising of agricultural products, livestock, poultry or dairy products for gain or personal use. A farm may include a dwelling unit, necessary accessory farm structures within the property boundaries, the storage of crops produced on the ownership and equipment used in farming operations.

.33 FAMILY: A collective number of individuals domiciled together in one dwelling whose relationship is of a continuing non-transient domestic character, and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.

.33A FAMILY RELATIVE. A mother, father, brother, sister, son, daughter, aunt or uncle. Includes the adjectives, grand, great, half and step, singularly or in combination.

.34 FENCE: A structure, other than a building, which is a barrier and used as a boundary or means of protection or confinement.

.35 FINDING: A written report describing the basis and background for an opinion or ruling, as well as the opinion or ruling itself. It shall cite the section(s) and paragraph(s) of the Wilcox Township Zoning Ordinance that apply. It shall summarize the arguments for and against the opinion or ruling. A roll call vote of participants will be included.

.36 FLOOR AREA: The square footage of all floors computed by measuring the dimensions of the outside walls of a building excluding attic and basement floors, unenclosed porches and patios, terraces, breezeways, carports, verandas and garages.

.37 FLOOD PLAIN: All areas adjoining a lake, stream, river or creek or a channel which are subject to being under water at the highest known flood water level.

.38 FRONTAGE: The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side line of a corner lot.

.39 GARAGE, PUBLIC: A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

.40 GARAGE, PRIVATE: An accessory building or portion of a main building used primarily for the storage of passenger vehicles.

.41 GLARE: A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

.42 GOVERNING BODY: Township Board of Wilcox.

.43 GRADE: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

.44 HAZARDOUS SUBSTANCES: Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

.45 HEIGHT: The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip, and gambrel roofs, measured from the curb level if the building is not more than 10 feet from the front lot line or from the grade in all other cases.

.46 HOME OCCUPATION: An occupation that is a secondary use, which is clearly subservient or incidental to the use of a one-family dwelling unit for residential purposes. See 4.19 for additional requirements.

.47 INDUSTRY, LIGHT: A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

.48 INSTITUTIONAL OR PUBLIC USE: Churches, schools teaching academic subjects, hospitals, convalescent or nursing homes, parks, civic centers, libraries and other public or quasi-public uses.

.49 JUNK: Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof, garbage and similar refuse.

.50 JUNK OR SALVAGE YARD: An open area of land which may include a building thereon, which is used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. Three (3) or more commercial or automotive vehicles, excluding recreational vehicles, stored outside without current license plates for a period of thirty (30) days shall constitute a junk yard.

.51 KENNEL, PRIVATE: Any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.

.52 KENNEL (COMMERCIAL): Any lot or premises used for the sale, boarding, breeding or treatment of dogs, cats, or other household pets.

.53 LANDFILL (SANITARY LANDFILL): As defined in P.A. 641 of 1978 as amended.

.54 LOTS: A parcel of land adjoining a dedicated public street or a perpetual, recorded private street but exclusive of any adjoining street right-of-way or any legal easement, and separated from other parcels by legal description, deed or subdivision plat.

.55 LOT AREA: The total horizontal area within the lot lines of a lot.

.56 LOT-CORNER: A lot situated at the intersection of two (2) or more streets.

.57 LOT DEPTH: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

.58 LOT LINE: Lines bounding a lot as herein described.

.59 LOT, NONCONFORMING: A lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located and provided that such lot or parcel was of record as a legally created lot on the effective date of the ordinance codified in this title.

.60 LOT WIDTH: The horizontal distance between side lot lines, measured at the required front setback line.

.60A MAJOR STREET: A street or highway that is a County primary road or designated as FAS (Federal Aid Secondary) or a State trunkline. Such thoroughfare are intended to carry heavier traffic volume and weight of vehicles that would be typical on local roads or streets.

.61 MOBILE HOME: Mobile home means a structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle.

.62 MOBILE HOME PARK: A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure street, equipment or facility used or intended for use incident to the occupancy of a mobile home.

.63 MODULAR AND SECTIONAL HOMES: Dwelling unit consisting of two (2) or more transportable factory-fabricated units designed to be assembled as a single residential structure on a foundation as required for a conventional residence.

.64 NOISE: As defined by state law.

.65 NONCONFORMING USE: A use which is lawfully exercised within a structure or on land at the time of adoption of this ordinance, or any amendment thereto, and which does not conform with the regulations of the district in which it is located.

.66 NONCONFORMING BUILDING: Any building that does not meet the limitations on building size and location on a lot, at the time of adoption of this ordinance, for the district in which such building is located, for the use to which such building is being put.

.67 OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

.68 PARCEL: A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

.69 PARKING AREA: An area used for the parking of motor vehicles for a fee or as an accommodation for clients, customers, residents, employees or the general public.

.70 PERFORMANCE GUARANTEE (MAINTENANCE GUARANTEE): Any security accepted by the township in the form of cash, certified check, performance bond, surety bond, or certificate of deposit endorsed to the township, provided that the township shall not require more than 10 percent of the total performance guarantee in cash.

.71 PERSON: A legal entity or individual human being; "person" shall include an association, corporation, organization, partnership or a firm of any nature.

.72 PLANNING COMMISSION: The Wilcox Township Planning Commission, as established by resolution of the Wilcox Township Board (05-18-1978), as per P.A. 168 (1959) as amended.

.73 PLANNED DEVELOPMENT (PLANNED UNIT DEVELOPMENT, MULTIPLE USE DEVELOPMENT): Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. A planned development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the planned development district, but which will not be provided, operated, or maintained at general public expense.

.74 POLE BUILDING: Any structure that is built with poles put in the ground as the foundation of the building.

.75 PRINCIPAL OR MAIN USE: The primary or predominant use of the premises.

.76 PRINCIPAL BUILDING: A building in which the primary use of the lot on which the building is located is conducted.

.77 PUBLIC UTILITY: Any person, firm or corporation duly authorized to furnish and furnishing to the public under State, County or Municipal regulations electricity, gas, steam, wire telecommunications, or transportation or water services.

.78 RECREATIONAL VEHICLE: A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having it's own motor power or a vehicle mounted on or drawn by another vehicle.

.79 RECYCLING CENTER: An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed.

.80 RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

.80A ROAD COMMISSION: The Newaygo County Road Commission.

.81 ROAD, PUBLIC (RIGHTS-OF-WAY, STREET): All public property reserved or dedicated for street traffic.

.82 ROAD, PRIVATE (RIGHTS-OF-WAY, STREET): A way open to vehicular ingress and egress established as a separate tract for the benefit of certain, adjacent properties. This definition shall not apply to driveways.

.83 SEASONAL MOBILE HOME PARK: A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual or temporary basis, but occupied on a temporary basis only, and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure street, equipment or facility used or intended for use incident to the occupancy of a mobile home. Seasonal mobile home park does not include a campground licensed pursuant to sections 12501 to 12516 of the public health code, Act No. 368 of Public Acts of 1978, being sections 333.12501 to 333.12516 of the Michigan Complied Laws.)

.84 SECONDARY OR LOCAL STREET: A dedicated public way or recorded private street which affords access to abutting properties, and is designed primarily to serve immediate neighborhood needs.

.85 SERVICE STATION OR FILLING STATION: A place where fuel and lubricating oils for motor vehicles are offered for sale at retail to the public, including sales of automobile accessories and minor repair service. Also known as gasoline station.

.86 SETBACK: The required minimum horizontal distance between the building line and the related front, side, or rear property line as controlled by 4.9, also see YARD.

.87 SIGN: Any announcement, declaration, illustration or insignia used to advertise or promote the interests of any persons, business product, or project when the same is placed, painted or displayed out of doors in view of the general public. A sign is any display of lettering, logos, colors, lights or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public, or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available on the lot or parcel where the sign is located. Signs include, but are not limited to, banners, placards, and messages affixed to buildings and/or structures. Signs are located upon the same site, premises or parcel as the service, business, product or event which the sign advertises or promotes. A sign and billboard are not the same for purposes of this ordinance.

.88 SOLID WASTE FACILITY: As defined in P.A. 641 of 1978 as amended

.89 STABLE: A place where horses for hire, sale or boarding are kept.

.90 STORY: The space between the surface of two successive floors in a building or between the top floor and the ceiling or underside of the roof framing. The number of stories shall be counted at the point from which the height of building is measured. For the purpose of determining the maximum number of permitted stories, the term story shall not include cellars, stair or elevator penthouses, or other roof structures, provided the total area of all roof structures located above the top story does not exceed one-third of the total roof area.

.91 STREET: A public right of way of 50 feet or more in width which has been dedicated for the purpose of providing access to abutting private lots or land, including the space for pavement and sidewalks.

.92 STRUCTURE: Anything constructed or erected which requires permanent location on the ground or attachment to something having such location. The term "building" shall mean the same.

.93 SWIMMING POOL: A constructed basin or structure for the holding of water for swimming and aquatic recreation. Swimming pool does not include ponds, plastic, canvas, or rubber portable pool holding less than 300 gallons of water, temporarily erected upon the ground.

.94 SITE PLAN: A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. See Article 23 for more detail on site plan requirements.

.94A SUBSTANDARD: A structure, lot or other item that does not meet the requirements of this ordinance. Does not meet "non-conforming" requirements.

.95 TERMS: The present tense shall include the future: the singular number shall include the plural; and the plural the singular. The word "shall" is always mandatory. The words "zone" and "district" are the same. Reference to a whole shall apply to a part thereof. The word "lot" includes the words "plot" or "parcel". Any word or term not defined herein shall be used with a meaning of common utilization.

.96 TOWNSHIP BOARD: The Wilcox Township Board.

.96A TRUE CASH VALUE: The value of the property or a portion thereof as determined by the Wilcox Township Assessor, Wilcox Township Board of Review or the Michigan Tax Tribunal.

.97 YARD:

(a) Front Yard: A space specifically extending across the full width of the lot and lying between the front street starting point as defined in 4.9 and the nearest foundation of any part of the principal building. Except in the Natural River District, the front yard shall be the space between the river's edge and the nearest foundation.

(b) Side Yard: A space on the same lot with the building between the foundation of any part of the building and the side lot line.

(c) Rear Yard: A space unoccupied except by an accessory building or use as hereinafter specifically permitted, extending across the full width of the lot between the rear foundation of any building other than an accessory building, and the rear lot line.

.98 VARIANCE: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of the zoning ordinance.

.99 WASTE CONTAINER: A container used for solid waste, household waste, industrial non-toxic waste, commercial-retail waste material, including "dumpsters", "roll-offs" and other garbage receptacles.

.100 WETLAND: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

.101 ZONE: See DISTRICT

.102 ZONING ADMINISTRATOR: The person or persons appointed to administer and enforce this Ordinance.

.103 ZONING BOARD OF APPEALS: The body appointed to see that the spirit of the Ordinance is observed, public safety secured and substantial justice done.

.104 ZONING BOARD: See Planning Commission.

ARTICLE 3 - CLASSIFICATION OF DISTRICTS

3.1 ZONE DISTRICTS.

The township of Wilcox shall be divided into Zoning Districts, as hereinafter described, within which districts no buildings or premises shall be used and no building shall hereafter be erected, altered, or located except for the uses and purposes hereinafter set forth as "permitted uses" under each separate zoning district classification, or hereinafter set forth as "special land" uses under each such zoning district classification; subject, however, to such prior approval as is hereinafter required to be obtained from the Planning Commission for such special land uses. For the purpose of this Ordinance, the Township of Wilcox, exclusive of incorporated cities and/or villages, is hereby divided into four (4) Zone Districts to be known as:

BC-I Business Commercial, Industrial

SR Suburban Residential

RAR Rural Agricultural Residential

NR Natural River District

 

3.2 MAP.

The map entitled "Wilcox Township Zoning Map" outlining the above districts is hereby declared to be a part of this Ordinance. The district boundary lines follow lot lines or the center lines of highways, streets or alleys as they existed at the time of the adoption of this Ordinance, except where references by dimensions are shown on said map.

BC-I BUSINESS COMMERCIAL, INDUSTRIAL:

The East half of the Northwest Quarter of Section 32. The West half of the Northeast Quarter of Section 32. The South half of the Southwest Quarter of Section 29. That part of Section 20 lying within 660 feet east and West of the center of M-37. That part of Section 29 lying North of the Chessie Systems railroad and within 660 feet East and West of the center of M-37.

SR Suburban Residential:

The Northwest Quarter, Northeast Quarter, and the Southwest Quarter of Section 31.

The East Half of the Northeast Quarter of Section 32.

The Northwest Quarter, Northeast Quarter, and the Southeast Quarter, Section 33.

The Northwest Quarter of Section 6, T13N, R12W.

The Northeast Quarter of Section 4, T13N, R12W.

RAR Rural Agricultural Residential:

All land not in other Zones.

NR Natural River District:

The White River and its tributaries - Flinton Creek, Five Mile Creek, and Mullen Creek, its flood plains and land lying within 300 feet of the river's edge. This district supersedes any other district it overlays.

3.3 LOT DIVIDED BY ZONE LINE.

Where a district boundary line of the Zoning map divides a lot, the least restricted use shall not extend beyond such line.

ARTICLE 4- GENERAL PROVISIONS

4.1 ZONING AFFECTS ALL STRUCTURES AND LAND AND THE USE THEREOF.

No structure, land or premises shall hereafter be used or occupied and no building shall be erected, moved, removed, reconstructed, extended or altered except in conformity with the regulations herein set forth.

4.2 RESTORING UNSAFE BUILDINGS.

Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the Building Inspector.

4.3 BUILDING PERMITS.

No structure shall be erected, enlarged, altered or reconstructed until a building permit has been obtained from the Building Inspector, except that in the RAR District, permits shall not be required for constructing buildings for storage of agricultural related equipment, supplies and products or for the housing of farm animals or fowl. Such storage or animal housing buildings must, however, adhere to the yard and setback requirements specified in the Ordinance. Buildings not meeting setback requirements may be declared in violation of the Ordinance by the Zoning Administrator.

4.4 PENDING BUILDING PERMITS.

Any building permit issued prior to the effective date of this Ordinance shall be valid; provided however that construction shall commence within sixty (60) days after said date and shall not thereafter be discontinued for a continuous period in excess of sixty (60) days.

4.5 MIXED OCCUPANCY.

Before issuing a building permit for any premises intended for use as a combination of dwelling and commercial occupancy or where an increased number of dwelling units would result from a proposed alteration, the Zoning Administrator shall request a report from the Newaygo County Health Officer as to any hazards that exist or may be expected to exist from the proposed use, together with his recommendations for any additional provisions or alterations necessary in the interest of safety or health. Such recommendations shall be complied with before issuance of a permit.

4.6 REQUIRED AREA OR SPACE.

No lot, yard, parking area or other space shall be so divided, altered or reduced as to make it less than the minimum required under this Ordinance. If already less than the minimum required, it shall not be further divided or reduced.

4.7 TRAFFIC VISIBILITY AND CORNER CLEARANCE.

On any corner lot in any zone, no fence, structure or planting except deciduous trees, or natural formation which are over 30 inches in height above the curb line, shall be erected or maintained within 20 feet of the intersection of right-of-way lines in order to prevent traffic hazards arising from inadequate visibility.

4.8 INSTITUTIONAL USES AND ESSENTIAL SERVICES.

Institutional uses are permitted in any residential zone following the review and approval of a site development plan by the Planning Commission and the Wilcox Township Board prior to the issuance of a building permit. Before approving such site plan said agencies shall determine that all aspects therein conform to the requirements of this Ordinance and that the physical layout and relationship of improvements will provide for the convenience, safety and welfare of the general public and will not adversely affect existing or potential adjacent primary permitted uses.

Essential Services may be located in any zone subject to the approval of the Township Board, provided that the review by the Planning Commission determines that all aspects therein conform to the requirements of this Ordinance and that the physical layout and relationship of improvements will provide for the convenience, safety and welfare of the general public and will not adversely affect existing or potential adjacent primary permitted uses.

.1 Wilcox Township facilities may be located in any zone after review of the plan by the Wilcox Township Planning Commission. Said review is limited to identification of potential problems with the facility.

4.9 YARDS.

Every lot must provide front, rear and side yards as required within its district. Yards or setbacks will be measured from the property lines for all sides but the front yard which will be measured from starting points as follows:

.1 On streets with a standard 66 foot right of way, the starting point shall be 33 feet from the center of the street.

.2 On streets less than 66 feet in width, the starting point shall be increased by one-half the difference between the width of the street and 66 feet.

.3 On major streets or highways the starting point shall be measured from a line 50 feet from the center line of the street or highway.

.4 On streets or highways with greater than the standard 66 feet right of way, the starting point will be at the right of way that has been established.

.5 On parcels in the Natural River District the starting point shall be the river's edge.

.6 On a lot facing upon a minor or local street where lots adjoining it on both sides have been built upon with a yard less than required by this Ordinance, the front yard may conform to the established front yard; provided, however, that no front yard may hereafter be less than one-half of the zone requirements of this Ordinance.

4.10 PRINCIPAL USE.

No lot or minimum required acreage may contain more than one principal building provided that groups of apartment buildings or retail business under single ownership shall be deemed a principal use collectively.

4.11 DWELLING ON REAR OF LOTS.

No dwelling shall be constructed, altered or moved to the rear of a building situated on the same lot or minimum required acreage, nor shall any building be constructed in front of or moved in front of a dwelling situated on the same lot. Does not prohibit garages and similar structures to be between the dwelling and the street provided they are not directly in front of the dwelling.

 

4.12 CORNER LOTS.

Where a lot is bounded by two intersecting streets, the front yard requirements shall be met on one abutting street only, provided that no portion of the lot within 25 feet of the side lot lines of any adjoining property may be utilized unless the front yard requirement for the adjoining property is met.

 

4.13 TEMPORARY SALES.

Yard, garage, or rummage sales exceeding 30 days in length shall be considered a commercial activity and shall conform to this ordinance as such.

 

4.14 BASEMENT DWELLINGS.

The use of the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones. The use of a basement more than four (4) feet below grade in a completed building for sleeping quarters or a dwelling unit is prohibited unless there are two means of direct access to the outside. Further provided, that where one wall is entirely above grade level of the yard adjacent to said wall and access or egress to the out-of-doors is provided through said walls, the structure is not a basement dwelling.

 

4.15 WALLS AND FENCES.

Walls and fences not more than four (4) feet in height are permitted in the required yards of the SR District except as regulated in ARTICLE 4.7. Walls and solid fences of not more than six (6) feet in height are permitted in all yards in all other districts; except as provided for in 15.5.3(c) and provided however that the provisions of ARTICLE 4.7 are met.

 

4.16 HEIGHT EXCEPTIONS.

The height limitations of all zones may be exceeded by the following structures: parapet walls, chimneys, silos, cupolas, spires or other ornamental projections, water towers, or fire elevator building and bulkheads, roof storage tanks and other necessary appurtenances are permitted above the height limitations provided they are located the same distance as their height from any adjoining property line.

 

4.17 SEWER AND WATER.

Where municipal utility services are available, no building permit shall be issued for any building to be occupied by human beings, in whole or in part, for commercial, industrial, residential or recreation purposes unless provisions have been made to install public sewers and/or water.

No building permit shall be issued for any building to be occupied by human beings in whole or in part for commercial, industrial, residential or recreation purposes unless adequate provisions have been made for a safe water supply and sewage disposal system; evidence of compliance with the requirements of the Newaygo County Health Department shall accompany the application for a building permit.

 

4.18 REFUSE, TRASH AND JUNK CONTROL.

The storage, collection, or placing of discarded materials, abandoned inoperable motor vehicles, trash or junk is prohibited in all zones, unless authorized by the Planning Commission as a SPECIAL LAND USE. In the RAR District the storage and use of compost or organic fertilizers and manure shall not be classified as refuse. Such materials must, however, be stored and utilized in a manner that does not adversely affect the health and safety of adjacent property owners.

 

4.19 HOME OCCUPATIONS.

Home occupations are permitted in any residential zone provided that:

.1 In the SR and Natural Rivers District, home occupations must be conducted entirely within the residential building

.2 The home occupation does not change the character of the zone in which it is conducted.

.3 The home occupation does not constitute, create, or increase a nuisance. If a question arises, based upon a request or complaint from a citizen, as to whether it constitutes a nuisance, the Zoning Administrator shall determine same with advice of the Planning Commission.

4.20 PRIVATE SWIMMING POOLS.

Private swimming pools are permitted in all districts, provided the following regulations are complied with:

.1 The pool shall be maintained in a clean and healthful condition in accordance with the County Health requirements.

.2 No swimming pool shall be emptied in any manner that will cause water to flow upon another lot or be emptied on any adjacent land or street.

.3 Every swimming pool shall be completely enclosed with a permanent substantial fence and gates at least four (4) feet in height above the ground level. Above ground pools that have four (4) foot sidewalls do not require fencing. No opening shall be designed or maintained as to permit access to the pool except under the supervision of the possessor or by his permission.

.4 The swimming pool shall not be closer than ten (10) feet to any side or rear lot line. No part of any pool shall be constructed within the front yard or a required side street side yard in the SR District.

 

4.21 FLOOD PLAIN.

The flood Plain areas of lakes, major rivers and their branches and tributaries shall be determined from time to time by an engineer or agency designated by the Wilcox Township Board, and a public record of said information be left in the offices of the Zoning Administrator and the County Drain Commission. Such determinations shall be made on the basis of past experience with floods, information furnished by the Michigan Water Resources Commission, the Soil Conservation Service and other responsible agencies. No building for human occupancy shall be erected, or hereafter occupied if vacant, in Flood Plain areas.

 

4.22 TRANSITION ZONING.

The following transitional uses are permitted on certain residentially zoned premises where the side yard adjoins a BC-I District.

.1 The first residentially zoned lot or lots in single ownership at the effective date of this Ordinance, or the first 150 feet thereof, whichever is the lesser may be utilized in accordance with the next less restricted residential zone requirements.

.2 The first 150 feet thereof may be utilized for off-street parking, subject to the provisions of section 6.3.

.3 Any single principal structure located or built completely upon the first 150 feet thereof may be used for a two-family dwelling or professional offices provided:

(a) Yards must meet the district requirement in which such lot is located.

(b) The building shall conform to the residential character of the neighborhood.

(c) Sign regulations of the Districts shall be complied with.

 

4.23 EXCAVATION OF TOP SOIL.

Top soil shall not be stripped, excavated or otherwise removed on any premises for sale or for use other than on same premises except when in connection with construction and grading operations, the top soil is in surplus amounts; or as a product of authorized excavation of muck, peat, sand, gravel or other mineral deposits. See ARTICLE 15 SPECIAL LAND USE.

 

4.24 GREENBELT PRESERVATION.

In order to preserve water quality in rivers and streams of the Township and to prevent deterioration of these streams and the major Great Lakes tributaries to which these waters drain, it is necessary to regulate the use of adjoining lands. Hereafter, land within 300 feet of any stream must meet the provisions of the NR District.

 

4.25 ACCESS TO A STREET.

Any one lot of record without any frontage on a street shall not be occupied without access to a street provided by an easement or other right-of-way no less than thirty three (33) feet wide. No more than one lot may be served by such an access route. Such a lot shall satisfy the lot width and area requirements of the district. Lot width shall be measured at the required setback from the adjoining lot facing the street of access.

 

4.26 WASTE CONTAINERS.

Waste containers are permitted in all districts provided that:

.1 Said containers shall be kept in the rear yard. They may be moved to the street on pickup days.

.2. Containers shall be emptied of material when full, or on a two week schedule, whichever occurs first.

.3 Containers used for construction or demolition waste during remodeling or new construction may be placed close to the source of material. Containers shall be removed promptly when construction is complete.

.4 Containers shall be used only for the parcel on which it is located. Containers for users not on the same parcel shall require a permit from the Township Board.

.5 Containers of greater than six cubic yards are not permitted in the SR and RAR, except as provided in 4.26.3.

.6 Containers located in the township transfer station are not regulated by this section.

 

4.27 VARIANCES RECORDED.

All variances granted by the Zoning Board of Appeals shall be signed by the parcel owner, shall contain the legal description of the parcel involved and shall be recorded with the Newaygo County Register of Deeds.

 

4.28 MOBILE HOMES AND STRUCTURES.

Mobile homes or structures may not be occupied, placed or stored on a parcel in any district except as follows:

.1 Storage of mobile homes is only allowed in the Business Commercial-Industrial District on a parcel operated as a mobile home or RV sales or service business as permitted in this ordinance.

.2 Mobile homes shall not be placed or stored on a parcel for more than thirty (30) days, except permitted in 4.28.1, without being fully installed and habitable for occupancy.

.3 Substandard Mobile homes may not be occupied, placed or stored on a parcel in any district.

.4 Substandard structures, other than mobile homes, placed on a parcel in any district shall be brought up to standards of this ordinance and the building code within one year of placement.

 

4.29 DWELLING WIDTH AND STANDARDS.

.1 The minimum dwelling width in all districts shall be no less than fourteen (14) feet for at least 60% (60 percent) of the length of the dwelling, whether the dwelling is site-built or manufactured housing.

.2 If the dwelling is a mobile home, all construction, plumbing, electrical apparatus and insulation within and connected to said mobile home shall conform to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development "HUD", being 24 CFR 3280, and as from time to time such standards may be amended. Said mobile home shall have been manufactured after 1976.

(a) Additions to existing mobile homes shall comply with the building code in effect at the time of the addition, or be manufactured housing additions designed as such. Two separate mobile homes shall not be joined together to form one unit or be joined by a breezeway or other means. All manufactured housing additions shall conform to the "Mobile Home Construction and Safety Standards" as noted above."

(b) Additions to Non-conforming Mobile Homes are not permitted. However, they may be repaired or have free standing roofs installed.


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