The lawful use of any land or structure, exactly as such existed at the time of the enactment of this Ordinance, may be continued even though such use or structure does not conform with the provisions of this Ordinance. Said nonconforming use or structure may not be enlarged, except for structures, or uses nonconforming by reason of height, yards and area or parking provisions may be extended, altered or modernized provided that no additional encroachment of the height, area or parking provisions is needed. In no case shall the nonconformity be increased nor shall any noncompliance be permitted to reduce nonconformity.

Nothing in this Ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of regulations in effect immediately prior to the date of this Ordinance.

A nonconforming use may be changed to another nonconforming use, if the Planning Commission finds that such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use nor to waive the other provisions of this Article.

Such repairs and maintenance work as are required to keep a nonconforming building or structure in sound condition may be made. If a nonconforming building or structure is damaged or destroyed by fire, flood, wind or other calamity, it may be restored to its size at the time prior to such damage and its use resumed. Any such restoration shall be started within a period of one (1) year of the time of such damage and diligently pursued to completion.

The foregoing provisions of this Article shall also apply to buildings, land or uses which here-after become nonconforming due to any reclassification of districts or any subsequent change in the regulations of this Ordinance.

If the owner or lease holder of a nonconforming use or structure clearly manifests his voluntary decision to abandon the nonconforming use or structure any future use of the site shall conform with the provisions of the district in which it is located.

All junk yards, as herein defined, do not have a non-conforming status. No junk yards existed at the time of the adoption of the Wilcox Township Ordinance in July of 1977. At the time of the adoption of this amendment no junk yards had been granted a SPECIAL LAND USE permit under provisions of previous zoning ordinances.

.1 A lot in single ownership at the effective date of this Ordinance which contains less than 80 percent of the Zone District width and area requirements and is not adjacent to lots owned by the same person, family, partnership or corporation may be sold and/or utilized for a single family dwelling.

.2 Any lot which meets 80 percent or more of the Zone District width and area requirements may be sold and/or utilized as a separate lot whether in single ownership or not; provided, however, that the front yard must conform to the requirements of the Zone District in which said lot is located. Any lot facing upon a major street, highway or any river or stream must conform to the provisions of Article 4.9.

.3 Two (2) or more adjacent lots containing less than 80 percent of the Zone District requirements and owned by the same person, family, partnership or corporation, at the effective date of this Ordinance, shall be combined/divided to meet at least 80 percent of the Zone District requirements; provided that the Planning Commission approves the combining/division.

Nonconforming signs and billboards may be maintained until such time as the sign structure, frame or supports must be replaced, renovated, altered or moved. At such time the sign shall comply with all provisions of this Ordinance. This shall not be construed to prohibit the re-lettering or repainting of a sign or billboard. The sign or billboard may not be enlarged or have its’ dimensions changed.

Within any district, no building, structure or premises shall be used, erected or structurally altered except that there be provided, on the same lot as the principal use they are intended to serve, minimum off-street parking spaces in accordance with the following schedule.

.1 Residential: One (1) parking space required for each dwelling unit or for each sleeping unit in such uses as bed and breakfasts and apartment houses.

.2 Commercial: One (1) parking space required for each one hundred (100) square feet or fraction thereof of gross floor space, or for an average number of employees on a working shift, whichever produces the greater number of spaces required.

.3 Industrial: One parking space required for each three hundred (300) square feet, or fraction there of, of gross floor space, or for each two (2) employees on the maximum working shift, whichever produces the greater number of spaces required.

.4 Place of Public Assembly: One parking space for each five (5) seats or pews.

There shall be provided and maintained on all property, the use of which requires the receipt or distribution by vehicle or materials and/or merchandise, adequate off-street loading and unloading space. Any use of public streets or other public ways for loading or unloading purposes shall be deemed to be a violation of this Ordinance.

In Commercial and Industrial Districts additional off-street parking is permitted as a principal use on a separate lot.

Every parcel of land hereafter established as a parking area in a non-residential zone shall be developed and maintained in accordance with the following requirements:

.1 Parking areas shall be effectively screened on any side which adjoins premises situated in a residential zone by a screening of evergreen, hedge or other natural landscaping. If owners of adjacent residential properties agree, the screening may be a solid, uniformly painted fence or wall. No part of any parking area or access drive shall be closer than five (5) feet to any property line unless connected to another adjoining parking area by driveways. No access drive shall be less than 20 feet wide nor closer than 25 feet to any residentially zoned lot or intersecting street right-of-way lines.

.2 Every parking area shall have a durable surface approved by the Building Inspector. Adequate lighting shall be provided to protect the users of the parking area. Such lighting shall be arranged to reflect the light away from any adjoining residential buildings or streets. All drainage shall be approved by the County Drain Commission.

.3 The parking area, driveways, signs, lighting and landscaping shall be reviewed and approved by the Zoning Administrator prior to issuance of a building permit to insure its adequacy in relation to traffic safety and protection of adjacent property.

.4 PERMITS. No parking area may be constructed, enlarged or altered before a Building Permit is obtained. Said permit shall not be issued until the site development plan has been approved by the Building Inspector. No parking area shall be occupied or used as a parking area prior to the issuance of an Occupancy Permit. Use of a parking area shall cease within 60 days after revocation of an Occupancy Permit.

Any person desiring to establish a parking area as an accessory use or a transitional use in a residential zone other than for a one- family structure or a farm use, shall submit to the Zoning Administrator for review and approval, plans showing the size, design, landscaping, curb cuts and other features of the parking lot. Such parking areas may be authorized subject to the following conditions:

.1 All parking areas shall be landscaped, screened, surfaced, drained as provided in Section 6.4; no part of a parking area shall extend into the required front yard. All areas not occupied by the parking area or access drive shall be landscaped.

.2 All parking areas shall be used solely for the parking of passenger automobiles, and no commercial work, sales or service of any kind shall be conducted thereon. No sign, other than entrance, exit and condition of use signs, shall be allowed. The Planning Commission may establish conditions for screening or enclosures and permit non- commercial buses operated by public or semi-public bodies, provided that no such bus is parked within 60 feet of the street line.

.3 Each entrance to and exit from a parking area shall be at least 25 feet distant from any adjacent property located in any residential zone and shall not be wider than 20 feet. The Zoning Administrator shall ascertain that the proposed parking area is safely related to traffic, street intersections, buildings and pedestrian walkways and that surrounding properties are fully protected from detrimental effects.

.4 The Zoning Administrator may issue a use permit upon receipt of the approved plan. The permit may be revoked at any time that the aforementioned requirements or the approved plan are not complied with.

In all districts every building erected which is to be occupied by manufacturing, storage, retail store, wholesale store, warehouse, market, hotel, hospital, mortuary, laundry or uses similarly requiring the receipt or distribution of materials or merchandise shall provide and maintain on the same premises off-street loading spaces. Each loading space shall be at least 12 feet in width, 22 feet in length and have a clearance of 14 feet above grade. Such space may occupy all or any part of the required side or rear yard but shall comply with the provisions of Section 6.4 and 6.5.

Where it can be demonstrated that the parking requirements of this Article would provide an excessive amount of parking area for the needs of a particular use, a plot plan with lesser area may be approved and permitted provided all the following conditions are present:

.1 Said use does not provide service to the general public.

.2 The maximum number of employees and visitors during any one eight-hour period can be demonstrated to be less than the parking space requirements this Ordinance provides for.

.3 An agreement to provide additional parking if an increase in employees or visitors shall occur at a future time is made a part of the site plan.

.4 An open landscaped area meeting the requirements of this Section is shown reserved for future parking.

.5 Said plot plan approval of lesser requirements shall be valid only for the stated use. An Occupancy Permit for a new use shall not be issued unless a new plot plan is reviewed and parking arrangements are found to be in accordance with the requirements of this Ordinance.

Whenever an addition is made to an existing building for business or commercial use, the parking area shall be increased sufficiently to meet the requirements of this Article.

.1 Billboards are not permitted in the Residential Districts.

.2 No signs of any kind or nature shall be erected or installed in the "RAR" or "SR" Districts or any variation of the same except as follows:

(a) One (1) name plate per parcel not exceeding one square foot in total area containing the name and a lawful home occupation of the occupant of the premises.

(b) One (1) temporary sign per parcel pertaining to the construction, lease, hire or sale of a building or premises not exceeding eight (8) square feet in total area may be installed or constructed on the parcel involved during the period of construction, sale or between leases.

(c) One (1) non-illuminated sign not exceeding eighteen (18) square feet in total area per parcel advertising permitted services rendered or offered upon or from the parcel where the sign is situated (except for home occupation and temporary signs as provided above) is permitted provided it is located not less than one-half the required building setback from the street right-of-way line abutting the parcel; it, in no way, constitutes a traffic hazard; is of a subdued nature commensurate with the residential or agricultural character of the neighborhood; is maintained in a neat and attractive manner; contains no neon or intermittent lighting or other bright or glaring lighting which would be a nuisance or annoyance to a neighborhood or which would create any electrical disturbance therein and if projecting from a building or located over a sidewalk or pass way is not less than 11 feet above such sidewalk or pass way.

(d) Customary farm and farm crop signs on active farms.

(e) Temporary residential signs for yard, garage, item or similar sales shall conform to the following:

(1) Said signs shall not be placed within the right-of-way of any street, road or highway, including clear vision areas at intersections.

(2) Said signs shall be removed after a period of seven (7) days. Signs not removed by the owner may be removed at the direction of the Zoning Administrator and the owner may then be billed for time and expense by the Township Board. Signs on the owner's parcel, not within the right-of-way, shall be exempt from such removal.

(3) Said signs shall not exceed eight (8) square feet in total area per sign.

Billboards are permitted in the "BC-I" District zoning classification, provided that they meet the following conditions:

.1 Not more than three (3) billboards shall be located per linear mile of street or highway regardless of the fact that such billboards may be located on different sides of the subject street or highway. The linear mile measurement shall not be limited to the boundaries of the Township of Wilcox where the particular street or highway extends beyond such boundaries.

.2 Double faced billboard structures (i.e., structures having back-to-back billboard faces) and V-type billboard structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one billboard. Additionally, billboard structures having tandem billboard faces (i.e., two parallel billboard faces facing the same direction and side-by-side to one another) or stacked billboard faces (i.e., two parallel billboard faces facing the same direction with one face being directly above the other) shall be considered as one billboard, spacing between faces shall not exceed one (1) foot. Otherwise, billboard structures having more than one billboard face shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in this Article.

.3 No billboard shall be located within 1,000 feet of another billboard abutting either side of the same street or highway. No billboard shall be located within 300 feet of the street or highway right-of-way of an intersection.

.4 No billboard shall be located within 300 feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall instead be 400 feet.

.5 No billboard or portion thereof shall be located closer than 75 feet from a property line adjoining a public right-of-way or 10 feet from any interior boundary lines of the parcel on which the billboard is located.

.6 The surface display area of any side of a billboard shall not exceed 200 square feet. In the case of billboard structures with tandem or stacked billboard faces, the combined surface display area of both faces shall not exceed 200 square feet. The total surface display area of all sides of a billboard shall not exceed 200 square feet per parcel. The surface display area shall be the product of the height times the width of the outside of the billboard, voids or holes inside the display area count as billboard area. An irregular illustrated projection from the top, bottom or sides of the billboard will have its’ area included in the total display area.

.7 The height of a billboard shall not exceed 20 feet above the natural grade of the ground on which the billboard sits or the grade of the abutting roadway, which ever is higher. No billboard shall be on top of, cantilevered or otherwise suspended above the roof of any building.

.8 A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is so located as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of oncoming vehicles, or any adjacent property. In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate.

.9 A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces which can normally be expected to occur in the vicinity. A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.

.10 A billboard established within a business, commercial, or industrial area as defined in the "Highway Advertising Act of 1972" (1972 PA 106, as amended) bordering interstate highways, freeways or primary highways as defined in said Act shall, in addition to complying with the above conditions, also comply with all applicable provisions of said Act and the regulations promulgated thereunder, as such may from time to time be amended.

No sign shall be permitted on a parcel in the BC-I districts which is not accessory to the business being conducted on that parcel. Permitted signs may only be painted or placed on any exterior wall or erected as a free standing sign on a parcel provided all of the following requirements are met:

.1 No business establishment shall have a total of more than five signs facing upon any street, provided the total sign area for all signs permitted shall not exceed 20 percent of the area of the face of the building to which they are attached or stand in front of or adjacent to. In no event shall any sign exceed 200 square feet in total area, nor shall the total square footage for all signs combined on a parcel exceed 400 square feet.

.2 All signs attached to a building shall be flat signs, parallel to the face of the building wall. No sign shall extend farther than 15 inches from the face of the building upon which it is attached, provided however, that where a sign extends more than 3 inches from the face of said wall, the bottom of the sign shall not be closer than 8 feet from the ground level below said sign. The maximum width of any single sign shall not exceed 90 percent of the width of the wall to which the sign is attached or related.

.3 Part or all of the total sign area computed within the maximum total area permitted under 7.3.1, may be a free-standing or pylon sign, placed at least five (5) feet from the street or highway right-of-way. Said sign shall not exceed the sum of two (2) square feet for each linear foot the sign sets back from the right-of-way plus one (1) square foot for each foot of building setback from the front parcel line. The free standing sign shall not exceed 5 feet in height if located on the ground and shall be at least 8 feet from the ground if a pylon sign, supports for the pylon sign shall not exceed eight (8) inches in diameter or three (3) in number. Said sign shall not pose a hazard to foot or vehicle travel on the parcel or public way.

Temporary pennants, flags or banners are permitted in any business or industrial zone for a period of not more than 30 days during any six-month time period without a permit, provided that they are kept in a state of good repair and not block or impede road or driving sight lines.

Any sign or billboard usage not expressly permitted by this Article shall be prohibited.

No sign or billboard (except those items described in Section 7.4 and Section 7.8 hereof) shall be erected, altered (except for normal maintenance) or installed until after a zoning compliance permit has been obtained from the Zoning Administrator.

Billboards shall be located only on vacant lots or parcels of land, such lots or parcels shall meet all dimension, area and frontage requirements of this ordinance. Only one (1) billboard shall be located on each lot or parcel of land. No business establishment, service or event shall have more than one (1) billboard advertising or promoting it within the Township of Wilcox.

The following signs and items are exempt from this Article and shall not require a permit:

.1 Highway signs erected by the United States of America, State of Michigan, County of Newaygo or the Township of Wilcox.

.2 Governmental use signs erected by governmental agencies to designate hours of activity or conditions for use for parks, parking lots, recreational areas, other public areas, or for governmental buildings.

.3 Directional signs erected in conjunction with private off-street parking areas, provided the sign does not exceed four (4) square feet in area and is limited to traffic control functions only.

.4 Historic signs designating sites recognized by the State Historical Commission as Centennial Farms and Historic Landmarks.

.5 Signs posted to control or prohibit hunting within the Township.

.6 Essential public service signs denoting utility lines, railroad lines, hazards and precautions.

.7 Memorial signs or tablets which are either cut into the face of a masonry surface or constructed of bronze or other incombustible material when located flat on the face of a building.

The provisions of this Article are not intended to conflict with provisions controlling signs as regulated under the authority of Public Act 106 of 1972, the Highway Advertising Act, as amended.

Non-conforming signs are controlled by Article 5.9.

An automotive repair shop, automotive, trailer or boat sales area or motor vehicle service station, while necessary, may be detrimental to adjacent land values and to the public safety and welfare if located without due consideration of conditions and surroundings. No permit for such uses shall be issued other than in the BC-I District.

Any person desiring to use any premises or building for the above uses shall make application to the Township Clerk for a Special Land Use Permit as described in ARTICLE 15.

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.

The use of an RV in the RAR District shall be permitted under the following conditions.

.1 An individual RV may be permitted under a temporary permit for a period of time up to 90 days as temporary living quarters while a dwelling is being constructed on the same premises. The permit may be renewed by the Zoning Administrator.

.2 A permit will be required for recreational use exceeding a period of 30 days, however, said permit shall not qualify the RV as a dwelling unit as described in this ordinance and shall not exceed 90 days. Only one permit shall be allowed for a parcel in a calendar year.

.3 No RV so permitted shall be occupied until a permit is granted by the Zoning Administrator and use of the unit shall be terminated within 10 days after expiration of the permit.

.4 No RV shall be located or stored in the front yard.

.5 Arrangements for a safe water supply and sewage disposal shall be in conformity with and approved by the District Health Department.

RVs may be stored on the owners' or renters' parcel providing they are not occupied as dwelling units. Such storage is permitted in all districts. However, storage of an RV is not permitted if such storage is the principal use of the parcel.

Mobile home parks may be constructed and operated in the SR (Suburban Residential) District. Such parks must comply with the "Mobile Home Commission Act, Act 96 of 1987" as amended. In addition, such parks require a "Special Land Use" permit as described in ARTICLE 15.

.1 Minimum Mobile Home Park Area. The land area of a mobile home park shall not be less than 10 acres.

.2 The mobile home park shall be developed with sites averaging 5,500 square feet per mobile home unit. This 5,500 square feet for any one site may be reduced by 20 percent provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open and distance requirements be less than that required under R 125.1946, Rule 946 and R 125, 1941 and R 125.1944, Rules 941 and 944 of the Michigan Administrative Code. (Department of Commerce, Mobile Home Commission, General Rules)

.3 The developer shall apply for a special land use permit and supply documentation as outlined in ARTICLE 15.