A.
Intent. The intent of this district is to implement the open space
protection goals of the Township Master Plan. The district is designed
to provide for the arrangement of land uses that are compatible with
the conservation and preservation of large tracts of land that represent
areas of desirable natural environment and should be minimally disturbed.
Use of these areas will be generally limited to those allowed by state
law. Single-family homes are intended to only be allowed on exceptionally
large lots with adequate spacing and land area to adequately handle
on-site septic tanks and wells. It is the intended goal of the Township
to support application of voluntary conservation easements and to
protect and preserve the large areas of open space within the district.
B.
Permitted uses:
(1)
Existing agricultural production. A parcel, or parcels of land
under single ownership, of at least 10 acres in area may also be used
for agricultural production, subject to the applicable provisions
of the AGR District.
(2)
Single-family dwellings and seasonal dwelling units, when located
on a parcel, or parcels of land under single ownership, of at least
10 acres in area, and not located within a floodplain or regulated
wetland.
(4)
Public, semipublic or private nature preserves and conservation
areas, when located on a parcel, or parcels of land under single ownership,
of at least 10 acres in area. Smaller parcels that are contiguous
to land governed by a conservation easement may be approved by the
Zoning Board of Appeals.
(6)
Foster care (small group) facilities.
C.
Special land uses:
(1)
Nonintensive recreation facilities related to the natural environment, including campgrounds, hunting/fishing reservations, and water-related activity sites, when on a parcel, or parcels of land under single ownership, of at least 10 acres in area. (See § 42-8.04.)
(2)
Cemeteries.
(3)
Outdoor recreational facilities, including golf courses, country clubs, hunt clubs and gun clubs. (See § 42-8.22.)
(5)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(6)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
(7)
Public utility buildings and structures necessary for the service
of the community, except that:
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
(1)
Lot area. A minimum lot area of 10 acres is required, except
as provided herein:
(a)
Existing parcels of less than 10 acres. All parcels of land legally established and recorded with the Register of Deeds of Van Buren County having less than 10 acres of land area shall be entitled to one dwelling unit land division right, provided the location of said dwelling unit is in compliance with applicable requirements of this district, unless varied by the Zoning Board of Appeals pursuant to Article 11.00.
(b)
Parcels of 10 acres or greater. Parcels of land legally established
and recorded with the Register of Deeds of Van Buren County having
10 acres or greater of land area shall be entitled to dwelling unit
land division rights such to allow one dwelling unit for each 10 acres
of land area.
(c)
Abutting properties in common ownership. Where the owner(s)
of individual abutting properties held in common ownership (a tract
being two or more parcels having common property lines as defined
by Michigan Public Act 288 of 1967, as amended - Land Division Act[3]) wish to have dwelling unit division rights assigned to
the abutting parcels of land as a single parcel, the number of dwelling
unit land divisions shall be computed based on the total land area
divided by 10 acres rounded to the nearest whole number.
[3]
Editor's Note: See MCL § 560.101 et seq.
(2)
Alternative lot area requirements.
(a)
Land division rights shall be assigned to a parcel of land no less than two acres in land area that complies with the dimensional requirements of the ARR District (Article 11.00) for the specific purpose of creating a "lot split" in compliance with the Michigan Public Act 288 of 1967, as amended - Land Division Act[4] and the Paw Paw Township Land Division Ordinance.[5]
(b)
An application for said land division may be submitted to the
Township by the landowner. Said application shall include a site plan
having sufficient information, as determined by the Zoning Administrator,
to define the location, lot size and total area of the proposed lots
to be assigned the dwelling unit land division rights.
(3)
Prohibition of further land divisions. The application for use
of dwelling unit land division rights shall include a legal document
that indicates the availability or unavailability of further dwelling
unit land division rights for approval by the Township Attorney prior
to receiving Township Board approval and shall be recorded with the
Register of Deeds of Van Buren County.
(4)
Tenure of assigned rights. Dwelling unit land division rights
granted pursuant to this section shall remain in full force and effect
until either:
(a)
The Township Board, upon recommendation of the Planning Commission,
changes the zoning district designation of the subject property.
(b)
The landowner obtains approval of a cluster development pursuant to the provisions of Article 8.00.
(c)
The Township Board, upon recommendation of the Planning Commission,
changes the minimum lot size provision of this zoning district.
A.
Intent. The intent of this district is to implement the farmland
protection goals of the Township Master Plan. The Township has extensive
agricultural areas that are important to the local economy of Paw
Paw and to the rural character of the area. This district is designed
to preserve and encourage the continuance of agricultural and related
activities to the exclusion of nonagricultural uses to the extent
possible. Nonagricultural uses will be allowed only under applicable
conditions in those locations where they would least conflict with
agricultural operations. It is the intended goal of the Township to
support the use of voluntary conservation easements to protect and
preserve large tracts of farmland within this district.
B.
Permitted uses:
(1)
Agricultural production, together with farm dwellings and buildings
and other installations associated with such agricultural production.
More than one dwelling unit may be permitted as living quarters on
a farm for the owner's immediate family or for farm employees.
(2)
Single-family dwellings.
(4)
Foster care (small group) facilities.
(6)
Greenhouses and nurseries.
(7)
Public, semipublic or private nature preserves and conservation
areas.
(8)
Cemeteries.
(11)
On-farm biofuel production facilities (Type I).
(12)
Horse boarding or riding stables, including outdoor riding areas.
(13)
Private airfields or aircraft landing strips, subject to compliance
with all applicable federal, state and local regulations and codes.
(14)
Private shooting ranges.
C.
Special land uses:
(1)
Processing of agricultural products, including fruit packing
plants. Slaughterhouses are not allowed.
(2)
Sales and distribution facilities of agriculturally related
products, such as bulk feed, fertilizer, and seed.
(3)
Commercial grain elevators, for storage, drying and sales of
agricultural products.
(4)
Truck and cartage facilities for hauling agricultural products.
(5)
On-farm biofuel production facilities (Type II or Type III).
(6)
Sales and service of farm machinery.
(7)
Veterinary clinics.
(8)
Commercial shooting ranges.
(13)
[2]
Editor's Note: Former Subsection C(13), regarding grower facilities,
as amended, was repealed 6-12-2023 by Ord. No. 285. This ordinance also renumbered
former Subsection C(14) through (18) as Subsection C(13) through (17),
respectively.
(14)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(15)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
(16)
Public utility buildings and structures necessary for the service
of the community, except that:
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
(1)
Lot area. A minimum lot area of 10 acres is required, except
as provided herein:
(a)
Existing parcels of less than 10 acres. All parcels of land legally established and recorded with the Register of Deeds of Van Buren County having less than 10 acres of land area shall be entitled to one dwelling unit land division right, provided the location of said dwelling unit is in compliance with applicable requirements of this district, unless varied by the Zoning Board of Appeals pursuant to Article 11.00.
(b)
Parcels of 10 acres or greater. Parcels of land legally established
and recorded with the Register of Deeds of Van Buren County having
10 acres or greater of land area shall be entitled to dwelling unit
land division rights such to allow one dwelling unit for each 10 acres
of land area.
(c)
Abutting properties in common ownership. Where the owner(s)
of individual abutting properties held in common ownership (a tract
being two or more parcels having common property lines as defined
by Michigan Public Act 288 of 1967, as amended - Land Division Act[3]) wish to have dwelling unit division rights assigned to
the abutting parcels of land as a single parcel, the number of dwelling
unit land divisions shall be computed based on the total land area
divided by 10 acres rounded to the nearest whole number.
[3]
Editor's Note: See MCL § 560.101 et seq.
(2)
Alternative lot area requirements.
(a)
Land division rights shall be assigned to a parcel of land no less than two acres in land area that complies with the dimensional requirements of the ARR District (Article 11.00) for the specific purpose of creating a "lot split" in compliance with the Michigan Public Act 288 of 1967, as amended - Land Division Act[4] and the Paw Paw Township Land Division Ordinance.[5]
(b)
An application for said land division may be submitted to the
Township by the landowner. Said application shall include a site plan
having sufficient information, as determined by the Zoning Administrator,
to define the location, lot size and total area of the proposed lots
to be assigned the dwelling unit land division rights.
(3)
Prohibition of further land divisions. The application for use
of dwelling unit land division rights shall include a legal document
that indicates the availability or unavailability of further dwelling
unit land division rights for approval by the Township Attorney prior
to receiving Township Board approval and shall be recorded with the
Register of Deeds of Van Buren County.
(4)
Tenure of assigned rights. Dwelling unit land division rights
granted pursuant to this section shall remain in full force and effect
until either:
(a)
The Township Board, upon recommendation of the Planning Commission,
changes the zoning district designation of the subject property.
(b)
The landowner obtains approval of a cluster development pursuant to the provisions of Article 8.00.
(c)
The Township Board, upon recommendation of the Planning Commission,
changes the minimum lot size provision of this zoning district.
(5)
Right to farm. It is the intent of this zoning district to both
govern and protect agricultural land, building and structural uses
in accordance with the provisions of Michigan Public Act 240 of 1967,
as amended (Right to Farm Act)[7] when such operations are compliant with generally accepted
agricultural management practices as established by the Michigan Department
of Agriculture. All legal nonconforming agricultural uses included
in the Act shall be governed by the provisions of this chapter to
the extent that they are not in conflict with the provisions of the
Act. In which case, the provisions of the Act shall prevail.
(a)
The Zoning Administrator may approve upon application by a property
owner a land division of not less than two acres nor more than five
acres of land having a minimum of 200 feet of road frontage when the
intent of the division is to allow the sale of a farm homestead when
the remaining portion of the farm is intended to be consolidated into
another active farm operation. The goal of this provision is to allow
the purchaser of an active farm the opportunity to consolidate the
active farmland into a single farming operation and to separate off
the farm homestead. The Zoning Administrator may refer the approval
of the proposed land division to the Planning Commission.
(b)
An original farm homestead (defined as the dwelling of the owner/farm
operator) existing on the date of adoption of this chapter may be
divided from the farm operations upon approval of the Planning Commission
provided the land division is not less than two acres of land, has
a minimum of 200 feet of road frontage, and meets lot coverage and
yard/setback requirements.
[7]
Editor's Note: See MCL § 286.471 et seq.
(6)
The
Planning Commission may waive the maximum front setback or approve
an increase to the maximum front setback for dwellings and accessory
buildings through the special land use process. In addition to special
land use standards of approval, the following factors shall be considered:
[Added 9-13-2021 by Ord. No. 274]
(a)
The building placement does not significantly limit or restrict the
agricultural productivity of the parcel, if applicable.
(b)
The building placement is not anticipated to be significantly impacted
by the agricultural practices of abutting farm operations.
(c)
The building placement does not cause compatibility issues with dwellings
in the nearby vicinity.
(d)
The building placement does not result in a visible impact that is
overly obtrusive from nearby conforming dwellings.
A.
Intent. This district is composed of land in the rural areas of the
Township where land use consists primarily of farms, residential dwellings
and other compatible rural activities. It is the intent of this district
to preserve the rural character of these areas, while encouraging
the preservation of active agriculture, sensitive environmental features,
and large open spaces within the Township. It is designed to allow
low-density, rural residential development and promote the preservation
of large tracts of land for agriculture and conservation. This district
is intended to further the goals and objectives of the Paw Paw Township
Master Plan on the preservation of rural character, open space and
natural resources.
B.
Permitted uses:
(1)
Agricultural production, together with farm dwellings and buildings
and other installations associated with such agricultural production.
More than one dwelling unit may be permitted as living quarters on
a farm for the owner's immediate family or for farm employees.
(2)
Single-family dwellings.
(4)
Foster care (small group) facilities.
(6)
Greenhouses and nurseries.
(7)
Public, semipublic or private nature preserves and conservation
areas.
(8)
Cemeteries.
(11)
On-farm biofuel production facilities (Type I).
(12)
Horse boarding or riding stables, including outdoor riding areas.
(13)
Private airfields or aircraft landing strips, subject to compliance
with all applicable federal, state and local regulations and codes.
C.
Special land uses:
(1)
Processing of agricultural products, including fruit packing
plants. Slaughterhouses are not allowed.
(2)
Sales and distribution facilities of agriculturally related
products, such as bulk feed, fertilizer, and seed.
(3)
Grain elevators, for storage, drying and sales of agricultural
products.
(4)
Truck and cartage facilities for hauling agricultural products.
(5)
On-farm biofuel production facilities (Type II or Type III).
(6)
Sales and service of farm machinery.
(8)
Veterinary clinics.
(10)
Hunt clubs or gun clubs.
(13)
Outdoor recreational facilities, including golf courses, country clubs, organized camps and other similar facilities. (See § 42-8.22.)
(18)
[3]
Editor's Note: Former Subsection C(18), regarding grower facilities,
as amended, was repealed 6-12-2023 by Ord. No. 285. This ordinance also renumbered
former Subsection C(19) through (23) as Subsection C(18) through (22),
respectively.
(19)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(20)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
(21)
Public utility buildings and structures necessary for the service
of the community, except that:
A.
Intent. The purpose of this district is to provide for single-family
residential development of spacious character, together with uses
that are normally compatible and supportive to the residents living
within the district. This district is directed to lands located in
developed or developing areas where appropriate land use relationships
and natural resource/open space protection can be achieved. This district
is intended to further the goals and objectives for low-density residential
land use in the Paw Paw Township Master Plan.
C.
Special land uses:
(5)
Churches.
(6)
Public and private schools.
(8)
Nonprofit recreational, health, educational and social facilities.
(9)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(10)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
(11)
Public utility buildings and structures necessary for the service
of the community, except that:
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
A.
Intent. The purpose of this district is to provide for single-family
residential development, together with uses that are normally compatible
and supportive to the residents living within areas adjacent to lakes
and other surface water features. Development standards within this
district are designed to sustain safe and healthful on-site or common
water and sanitary sewer systems. This district is intended to further
the goals and objectives for waterfront residential land use in the
Paw Paw Township Master Plan.
C.
Special land uses:
(5)
Churches.
(6)
Public and private schools.
(8)
Resorts and inns, where a minimum of 10 acres and 400 feet of
waterfront are provided.
(9)
Concessions for boating, fishing and water sports, where a minimum
of five acres and 200 feet of waterfront are provided.
(10)
Nonprofit recreational, health, educational and social facilities.
(11)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(12)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
(13)
Public utility buildings and structures necessary for the service
of the community, except that:
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
A.
Intent. This district provides opportunities for a wider variety
of housing types, as well as variations in density and housing arrangements.
Lands within this district will be allowed the most intensive residential
development, as well as other residential-related development. This
district will be directed to the areas within the Township that surround
the Village of Paw Paw to serve as a transition from the rural landscape
of the Township to the "small town" atmosphere of the Village. This
area of "transition" will provide a mixture of housing options in
locations close to areas of commerce and employment and avoid random
residential sprawl and the loss of valuable farmland in the Township.
This district is intended to further the goals and objectives for
medium-high density and multiple-family residential land use in the
Paw Paw Township Master Plan.
B.
Permitted uses:
(1)
Single- and two-family dwellings.
(2)
Multiple-family dwellings, including three- and four-unit dwellings, attached single-family dwellings, townhouses, row housing and other similar residential building types, not to exceed eight units per acre. (See § 42-8.19.)
(4)
Foster care (small group) facilities.
(6)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
C.
Special land uses:
(2)
Cemeteries.
(3)
Churches.
(4)
Public and private schools.
(11)
Care homes.
(12)
Hospitals or medical clinics.
(15)
Nonprofit recreational, health, educational and social facilities.
(16)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(17)
Public utility buildings and structures necessary for the service
of the community, except that:
A.
Intent. This district provides an area in the Township where mobile
homes can be located in parks, subdivisions or on metes and bounds
lots and parcels, exclusively for the purpose of providing families
who prefer this type of housing to conventional-built housing and
further to provide for others seeking such housing to assemble in
the same district. This district is intended to further the goals
and objectives for mobile home residential development in the Paw
Paw Township Master Plan.
C.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The special land uses allowed by § 42-5.07C shall be subject to the following:
(a)
The proposed site shall have at least one property line abutting
a paved road, except a minor road having conventional single-family
housing fronting upon it.
(b)
The proposed site shall be provided direct access from the abutting
paved road.
(c)
Front, waterfront, side and rear yards shall be set back at
least 50 feet, and shall be landscaped in trees, shrubs and grass.
All such landscaping shall be maintained in a healthy condition. There
shall be no parking or structures permitted in these yards, except
required entrance drives and those walls used to screen the use from
abutting residential lots and parcels.
F.
Additional requirements.
(1)
The following regulations shall govern mobile homes located
outside of a state-licensed mobile home park either on mobile home
subdivision lots or metes and bounds lots or parcels:
(b)
Each mobile home, its placement and the lot upon which it is
to be located, shall meet all requirements relating to use, size of
lot, floor area, setback, side yard and rear yard requirements specified
for the MHR Zoning District.
(c)
Each mobile home shall be connected to potable water and sanitary
sewage disposal facilities approved by the Van Buren County Health
Department. If public water and sanitary sewage disposal facilities
are available to a lot upon which a mobile home is to be located,
the mobile home shall be connected to them.
(d)
Each mobile home shall be installed pursuant to the provision
of the Michigan Construction Code and regulations of the Michigan
Mobile Home Commission. Placement of a mobile home shall begin only
after a zoning permit has been obtained in accordance with this chapter.
(e)
Construction of a mobile home, and all plumbing, electrical
apparatus, and insulation within and connected to a mobile home shall
be of a type and quality conforming to the most recent requirements
and standards of the United States Department of Housing and Urban
Development's "Mobile Home Construction and Safety Standards," as
amended.[5]
[5]
Editor's Note: See 24 CFR 3280.
(g)
No person shall occupy a mobile home as a dwelling until a certificate
of zoning compliance has been issued by the Zoning Administrator.
The certificate shall indicate satisfactory compliance with all requirements
of this chapter and the construction code in effect in the Township.
No such permit shall be issued for occupancy of any mobile home not
bearing the appropriate identification plate indicating that the mobile
home was constructed in compliance with applicable Michigan Construction
Code and the "Mobile Home Construction and Safety Standards"[7] of the United States Department of Housing and Urban Development.
[7]
Editor's Note: See 24 CFR 3280.
A.
Intent. This district is intended to accommodate the limited establishment
of small neighborhood commercial centers at designated locations within
the Township that are designed to provide services in a manner convenient
to surrounding residential areas. These regulations are intended to
provide standards of use and design that ensure compatibility with
adjacent rural land use and nearby residential properties. This district
is intended to further the goals and objectives of the Paw Paw Township
Master Plan for commercial land use.
C.
Special land uses:
(2)
Retail establishments which supply commodities on the premises
such as, but not limited to, groceries, baked goods, pharmaceuticals,
and clothing.
(3)
Service establishments such as, but not limited to, a photographic
studio, flower shop, beauty salon or barber shop, and photocopy shop.
(4)
Business establishments such as, but not limited to, a bank,
insurance office, and real estate office.
(5)
Professional services such as, but not limited to, legal, financial,
and similar allied professional.
(6)
Restaurants.
(7)
Gasoline sales.
(8)
Mixed-use establishments, allowing both permitted and special
land uses within the same building.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Site development standards.
(1)
District boundaries. Each area occupied by the NCC District
shall not be greater than two contiguous acres in size and shall be
provided frontage on a county-designated primary road.
(2)
Dimensional requirements. All Zoning Ordinance dimensional requirements for the zoning district shall apply, unless specifically reduced by the Planning Commission upon a finding that the reduction meets the purpose of the district to provide for compatibility of design and use between neighboring properties and complies with the intent of the special land use provisions set forth in Article 7.00. Such a dimensional reduction is not subject to variance approval or further relief by the Zoning Board of Appeals.
(3)
Lot coverage:
(a)
The total improved area of each lot shall not occupy more than 50% of the lot area unless specifically reduced by the Planning Commission upon a finding that the reduction meets the purpose of the overlay district to provide for compatibility of design and use between neighboring properties and complies with the intent and purpose of the special land use provisions set forth in Article 7.00. Such a dimensional reduction is not subject to variance approval or further relief by the Zoning Board of Appeals.
(b)
For purposes of this district, "improved area" shall include
the portion of a lot that is covered by buildings and hard-surfaced
areas, such as drives, parking areas, and sidewalks.
(4)
Access. Shared access between lots through shared driveways,
driveway placement or closure of any existing driveway so as to facilitate
future shared access between lots shall be encouraged where feasible
and appropriate.
(5)
Parking:
(b)
Parking layouts designed to allow for shared access and shared
parking with adjacent properties will be encouraged where feasible
and appropriate.
(c)
An overlap in parking requirements between uses that have alternating
peak parking demands may be allowed where shared or common parking
facilities are provided.
(6)
Architectural design features:
(a)
Building architecture shall be compatible with the character
of the surrounding area, including, but not limited to, roofline,
exterior materials, building height, orientation and facade.
(b)
Elevation drawings shall be submitted with the site plan for
consideration during the special land use approval process.
(9)
Landscaping:
(a)
Green space shall be established along the perimeters of the
lot to establish a continuity of natural areas along the abutting
street and between adjacent residential properties.
(b)
Screening shall be established along property lines abutting an existing residential use if determined to be necessary to minimize any impacts. Screening shall be accomplished through the siting of land uses, maximizing existing screens or land cover, or providing new screens consistent with § 42-9.17.
(c)
Landscaping shall be provided on site and in internal areas
of parking lots to provide shade, visual relief, and vehicular/pedestrian
separation.
(10)
 |
A.
Intent. The purposes of this district are to:
(2)
Provide for a harmonious mixture of housing choices with the
integration of retail/service establishments, civic and cultural facilities,
and recreational opportunities.
(3)
Ensure a high quality appearance for development and redevelopment
and promote appropriate building scale; pedestrian-friendly design;
side and rear yard parking arrangements; active streetscapes; and
a proper transition to the downtown area.
(4)
Provide functional, visual and definable connectivity to the
downtown area from the community gateways.
(5)
Provide an aesthetic that is inviting and oriented around announcing
entrance into the core of the Paw Paw community.
(6)
Further the vision and redevelopment strategies for the gateway
areas set forth in the Paw Paw Township Master Plan.
B.
Applicability.
(1)
The Gateway PUD District is intended to apply to the North Gateway
into the downtown area of Paw Paw. The North Gateway includes all
parcels abutting North Kalamazoo Street from 51st Street south to
the southern boundary of Paw Paw Township.
(2)
The Gateway PUD District boundary defines a gateway area along
the North Kalamazoo Street gateway corridor and is generally consistent
with the gateway identified in the Paw Paw Township Master Plan.
(3)
The Gateway PUD District sets forth use and design standards
that are specific to the gateway area, as well as streetscape standards
intended to apply similarly to all of the gateways.
(4)
Buildings existing within the Gateway PUD District prior to
(date of adoption) shall not be subject to the building design standards
set forth herein.
(5)
Any expansion or modification to an existing or approved use, building, or site that requires site plan review by the Planning Commission pursuant to § 42-11.02 shall be subject to the requirements of the Gateway PUD District.
(6)
Any new development shall be subject to the requirements of
the Gateway PUD District.
C.
Planned unit development provisions - North Gateway.
(1)
D.
Design requirements - North Gateway.
(1)
Minimum lot size: 10,000 square feet.
(2)
Minimum lot width: 80 feet.
(3)
Front yard required build-to line: 40 feet.
(4)
Side yard setback: eight feet minimum; 20 feet maximum.
(5)
Minimum rear yard setback: 25 feet.
(6)
Maximum building height: two stories.
(7)
Maximum lot coverage: 35%.
(8)
Residential architectural requirements:
(9)
Site layout requirements:
(a)
Parking areas for nonresidential and multiple-family uses shall
be limited to side and rear yards.
(b)
Integrated approaches to development that minimizes vehicular
entry points shall be provided.
(c)
Vehicular and pedestrian connections to adjacent development
sites shall be provided.
(d)
Reduced lot coverage requirements will be considered for an
integrated design approach with adjacent property.
E.
Site design requirements. The following site design requirements
shall apply within the Gateway PUD District:
(1)
Parking.
(a)
Except as specified herein, off-street parking and loading areas shall be in accordance with § 42-9.12. Compliance with parking requirements may be met through on-site parking or common parking facilities, subject to Planning Commission approval.
(b)
The Planning Commission may approve reduced on-site parking,
or the paving of only a portion of the parking area, leaving a portion
as grass for overflow parking, if it is demonstrated that adequate
parking otherwise exists in a shared and/or adjacent parking facility
during the principal operating hours of all uses to share said parking
and access is shared.
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Undesirable parking situation — the parking is in front
of the building and each building has a separate parking lot.
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 |
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Desirable parking situation — the parking is in the rear
of the building and is designed as common/shared parking area.
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(2)
Frontage landscaping. Landscaping is required between the building
or build-to line, whichever is greater, and the abutting right-of-way
line.
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(3)
Utilities. All utilities, including telephone, electric, and
cable television, shall be placed underground.
(5)
Dumpsters. Dumpster facilities are allowed only in rear yards and shall be in accordance with § 42-9.16.
(8)
Outdoor spaces. Outdoor dining or general gathering spaces accessory
to the principal use on the premises shall be allowed, upon approval
by the Planning Commission.
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(9)
Stormwater management. Stormwater management systems shall be
designed to achieve compliance with Zoning Ordinance standards and
are required to:
(a)
Incorporate and/or use natural drainage systems on the site
or within the district.
(b)
Protect the surrounding natural environment.
(c)
Retain the natural retention and storage capacity of nearby
wetlands or waterways.
(d)
Not increase flooding or the possibility of polluting surface
water or groundwater.
F.
Green space requirements. There shall be designated an amount of
green space within the planned unit development of not less than 15%
of the total gateway planned unit development district, subject to
the following standards:
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(1)
Designated green space shall be of functional value as it relates
to opportunities for wildlife habitat, natural feature preservation,
recreation, visual impact, and accessibility.
(2)
Designated green space shall be located along the waterfront
(if applicable) and along the roadway corridor so as to be visible
and accessible to the public.
(3)
Designated green space shall be designed to effectively connect
open spaces throughout the planned unit development.
(4)
Any significant and/or sensitive environmental resources shall
be included within the designated green space.
(5)
The following land areas may be included as designated green
space for purposes of meeting minimum green space requirements:
(6)
Structures or buildings which are accessory to the designated
green space may be allowed and shall be erected only in accordance
with the approved site plan.
(7)
Designated green space shall be set aside through an irrevocable
conveyance approved by the Planning Commission, such as recorded deed
restrictions; covenants that run perpetually with the land; a conservation
easement; or land trust. Conveyance shall assure that the green space
is protected from development, except as approved by the Planning
Commission. Such conveyance shall also:
(a)
Indicate the proposed allowable uses(s) of the designated green
space;
(b)
Require that the designated green space be maintained by parties
who have an ownership interest in the green space;
(c)
Provide standards for scheduled maintenance of the green space;
(d)
Provide for maintenance to be undertaken by the Township in
the event that the designated green space is inadequately maintained,
or is determined by the Township to be a nuisance, with the assessment
of the costs for maintenance upon the green space ownership.
G.
Streetscape design requirements.
(1)
The streetscape elements within the rights-of-way of the gateway
corridors are key to announcing entrance into the Paw Paw community
and effectively drawing the traveler into the downtown area, the community's
economic hub.
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(2)
These elements occur within the public realm and are therefore
not regulated by the Zoning Ordinance. Instead, improvements are determined
and funded by the community and roadway agencies. To assist in providing
consistency and direction regarding these essential improvements,
design guidelines regarding streetscape elements are set forth in
the Paw Paw Community Gateways Report.
H.
Procedural guidelines.
(1)
Application requirements. The application for development approval
within the Gateway PUD District shall be made according to the development
review process set forth in this section.
(2)
Effect of approval. After a site plan has been approved and
construction of any part thereof commenced, no other type of development
will be allowed on the site without further approval by the Planning
Commission and after proceedings conducted as in the original application.
(3)
Conformity to approved plan. Property within the Gateway PUD
District which is the subject of site plan approval must be developed
in strict compliance with the approved site plan. If construction
and development do not conform to same, the approval thereof shall
be forthwith revoked by the Township. Upon revocation of such approval,
all further construction activities shall cease upon the site other
than for the purpose of correcting the violation.
(4)
Amendment to approved plan. A proposed amendment or modification
to a previously approved site plan within the PUD District shall be
submitted for review in the same manner as the original application.
(5)
Project phasing.
(a)
When proposed construction is to be phased, the project shall
be designed in a manner that allows each phase to fully function on
its own regarding services, utilities, circulation, facilities, and
green space. Each phase shall contain the necessary components to
ensure protection of natural resources and the health, safety, and
welfare of the occupants and residents of the planned unit development
and surrounding area.
(b)
Each phase of the development shall be commenced within one
year of the schedule set forth on the approved site plan. If construction
of any phase is not commenced within the approved time period, approval
of the site plan shall become null and void.
(6)
Performance bond.
(a)
The Planning Commission may require that a performance bond,
bank letter of credit, or cash bond in such amounts as may be determined
be deposited with the Village to ensure completion of the site in
accordance with the approved plans. The bond shall be for the purpose
of securing the health, safety, and welfare of Village residents and
adjacent property owners.
(b)
Such bond or bank letter of credit, if required, shall be set
at a minimum of 100% of the cost of the unfinished work for which
the bond was required. The Village shall provide for the rebate of
any cash bond filed in reasonable proportion to the ratio of the work
completed, provided the amount remaining on deposit still provides
reasonable security for the completion of the unfinished improvements
related to the deposit.
(7)
Development agreement.
(a)
No building permit shall be issued for development and no construction
activity commenced within the planned unit development until an affidavit
containing the legal description of the planned unit development and
the subject development site within the planned unit development;
the date and terms of the site plan approval; and a declaration that
all improvements will be carried out in accordance with the approved
site plan is recorded with the Register of Deeds for Van Buren County.
(b)
All required public dedications for streets, utility easements
or other public facilities, and deed restrictions shall be filed with
the Village and recorded at the Register of Deeds.
(8)
Revocation. In any case where construction of the approved site
plan has not commenced within one year of the date of the final approval,
all approvals shall be null and void.
(9)
Development review process.
(a)
Preapplication meeting. An applicant desiring to submit an application
for site plan review within the Gateway PUD District is encouraged
to attend a preapplication meeting with the Planning Commission. The
purpose of the preapplication meeting is to determine general compliance
with the planned unit development eligibility and design requirements,
and to identify issues of significance regarding the proposed application.
The applicant shall present the following information for a preapplication
meeting:
[1]
Sketch plan of the proposed development site layout;
[2]
Accurate legal description of the development site;
[3]
Names and addresses of all current owners of the development
site;
[4]
Total site acreage;
[5]
Number of acres to be developed by use;
[6]
Number of acres of undeveloped land;
[7]
Number of acres of designated open space;
[8]
Number and type of residential units;
[9]
Details of nonresidential use;
[10]
Details of vehicular and pedestrian circulation
system;
[11]
Location and details of known natural features;
and
[12]
Relationship of the development site design to
the existing/planned layout of the planned unit development.
(b)
Preliminary plan review.
[1]
An application for development approval within the Gateway PUD
District shall be subject to mandatory preliminary plan review by
the Planning Commission. The review is intended to provide an indication
of the issues and concerns that must be resolved prior to site plan
review.
[2]
Preliminary plan approval shall not constitute an approval of
a detailed site plan but shall be deemed an expression of approval
of the layout as a guide to the preparation of the site plan. A request
for a modification to the approved preliminary plan shall be submitted
for review in the same manner as the original preliminary plan was
submitted and reviewed.
(c)
Preliminary plan requirements. Engineering details of a preliminary
plan are not required to be developed beyond a level of detail required
to determine the feasibility of the proposed layout. The preliminary
plan, drawn to a reasonable scale, shall provide the following information:
[1]
Boundaries of the planned unit development and the development
site;
[2]
General location map showing existing land use and ownership
within the planned unit development and of adjacent land;
[3]
Topography of the development site and its relationship to adjoining
land;
[4]
Location of existing/proposed streets adjacent to and within
the planned unit development; proposed connection to and/or extension
of existing streets within the planned unit development;
[5]
Pedestrian and vehicular circulation systems and related parking
facilities on the development site and their relationship to existing/planned
systems within the planned unit development;
[6]
Delineation of proposed residential and nonresidential areas
on the development site, indicating for each area its size, number
and composition of buildings, dwelling unit density, building envelopes,
height and orientation of buildings;
[7]
Designated green space;
[8]
Proposed landscaping, including greenbelts, berms, and/or screening;
[9]
Stormwater drainage system;
[10]
Public facilities;
[11]
The following documentation shall accompany the
preliminary plan:
[a]
Name, address and telephone number of:
[i]
All persons with an ownership interest in the land within the
Planned Unit Development District, together with a description of
the nature of each entity's interest;
[ii]
All engineers, attorneys, architects or registered
land surveyors associated with the development site;
[iii]
The developer or proprietor of the development
site;
[iv]
Any person authorized to represent the owner in
the review process.
[12]
Accurate legal description of the planned unit
development and development site;
[13]
Total acreage of the planned unit development
and development site;
[14]
Number and type of units to be developed;
[15]
General statement as to how open space and recreation
areas are to be owned and maintained;
[16]
General indication of the proposed sequence and
approximate time frames of development phases;
[17]
A narrative describing how the development site
design is consistent with the purposes of the Planned Unit Development
District and the capacity and availability of necessary public facilities
to the development; and the impact the development will have on adjoining
properties.
(d)
Additional information. During the preliminary plan review process,
the Planning Commission may require additional information it determines
is reasonably necessary to demonstrate compliance with the planned
unit development standards. Such information may include, but not
be limited to, hydrological tests, traffic studies, or wetland determinations.
(e)
Site plan review. The Planning Commission shall hold a public
hearing on an application for development approval within the Gateway
PUD District.
[1]
An application for development approval within the Gateway Planned
Unit Development District shall be subject to site plan review by
the Planning Commission. The detailed site plan shall conform to the
approved preliminary plan and incorporate any revisions or recommendations
made by the Planning Commission at the preliminary plan review.
[2]
An application for development approval within the Gateway Planned
Unit Development District shall be subject to final approval by the
Township Board. If a detailed site plan is not submitted for review
within six months of preliminary plan approval, the Planning Commission
may require resubmission of the preliminary plan for further review
and possible revision.
(f)
Site plan requirements. The following information shall be included
on, or attached to, all site plans:
[1]
An update of the approved preliminary plan pursuant to the site plan informational requirements set forth in § 42-11.02.
[2]
Engineering plans presented in sufficient detail to indicate
compliance with Township standards.
[3]
Easements, deed restrictions, and other documents pertaining
to pedestrian and vehicular systems; the designated open space system;
and recreation areas.
[4]
If condominium ownership is proposed, all documentation required
by the condominium regulations of the Township.
(g)
Review criteria. Approval of a site plan within the Gateway PUD District shall be determined on the basis of the site plan review criteria set forth in § 42-11.02, as well as the following criteria:
[1]
The overall design and land uses proposed in connection with
the planned unit development site shall be consistent with the purpose
of the planned unit development concept and the specific design standards
set forth herein.
[2]
The proposed development site shall be serviced by the necessary
public facilities to ensure the public health, safety, and welfare
of the residents and users of the development.
[3]
The proposed development site shall be designed to minimize
the impact of traffic generated by the development on the surrounding
land uses and road network.
[4]
The proposed development site shall be designed so as to be
in character with the function of the corridor as a gateway as it
relates to bulk and location of structures, pedestrian and vehicular
circulation, landscaping, and amenities.
[5]
The proposed development site shall be designed and constructed
so as to preserve the integrity of the existing on- and off-site sensitive
and natural environments, including wetlands, woodlands, hillsides,
water bodies, and groundwater resources.
[6]
The designated green space shall be of functional value as it
relates to opportunities for open space preservation, visual impact
along the corridor, and/or connectivity within the planned unit development
and adjacent gateway properties.
[7]
The proposed development site shall comply with all applicable
federal, state, and local regulations.
A.
Intent The intent of this district is to provide for a compact area
of auto-oriented commercial land use along Red Arrow Highway, strategically
located adjacent to heavy commercial/industrial development and convenient
to the larger community. These regulations are intended to provide
standards of use and design that recognize the "gateway" potential
of Red Arrow Highway to the downtown area of the Paw Paw community.
This district is intended to further the goals and objectives of the
Paw Paw Township Master Plan for heavy commercial land use.
B.
Permitted uses:
(1)
Existing single- and two-family dwellings.
(3)
Foster care (small group) facilities.
(5)
Retail establishments which supply commodities on the premises
such as, but not limited to, groceries, baked goods, pharmaceuticals,
and clothing.
(6)
Service establishments such as, but not limited to, a photographic
studio, flower shop, beauty salon or barber shop, and photocopy shop.
(7)
Business establishments such as, but not limited to, a bank,
insurance office, and real estate office.
(8)
Professional services such as, but not limited to, a legal,
financial, and similar allied professional.
(9)
Multi-good retail establishments, such as department, building
supply, and appliance warehouses.
(10)
Restaurants, including drive in/drive-through service facilities.
(11)
Bars and taverns.
(12)
Gasoline sales, vehicle service and repair stations.
(13)
Funeral homes.
(14)
Veterinary clinics.
(15)
Hotels and motels.
(16)
Hospitals or medical clinics.
(17)
Public and private schools.
(18)
Nonprofit recreational, health, educational and social facilities.
C.
Special land uses:
(1)
Indoor recreation facilities, including bowling alleys, skating
rinks and theatres.
(4)
Vehicle wash facilities.
(7)
Other similar commercial establishments as authorized by the
Planning Commission. In consideration of such authorization, the Planning
Commission shall consider the following:
(a)
The size, nature and character of the proposed use and the proximity
of the proposed use to adjoining property.
(b)
Any traffic congestion or hazard which could be experienced
by the proposed use.
(c)
Compatibility of the proposed use with adjoining properties.
(d)
The ability of the proposed use to service the needs of the
surrounding area.
(e)
The impact of the proposed use on adjoining properties and the
surrounding area.
(8)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
(9)
Publicly owned and operated buildings and uses, including community
buildings and public parks, playgrounds and other recreational areas.
(10)
Public utility buildings and structures necessary for the service
of the community, except that:
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
Frontage. The site shall be provided frontage on Red Arrow Highway.
A.
Intent. This district is designed to provide for servicing the needs
of automobile highway traffic at the interchanges areas. The overall
site design on any single parcel of land and the total area shall
be done to: 1) avoid undue congestions on feeder roads; 2) promote
smooth traffic flow at the interchange area and on the expressway;
3) protect adjacent properties in other districts from adverse influences
of traffic; and 4) provide for an overall pleasing visual appearance.
This district is intended to further the goals and objectives of the
Paw Paw Township Master Plan for highway commercial land use.
B.
C.
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
Barriers. All development shall be physically separated from
the local road by a curb and planting strip or other suitable barrier.
Such barrier shall effectively eliminate vehicle ingress or egress
except for authorized accessways.
(2)
Accessways.
(a)
Each separate use, grouping of buildings or groupings of uses
as a part of a single planned development shall not have more than
two accessways from a local road. Such accessways shall not be located
closer than 300 feet to the point of intersection of an interstate
highway entrance or exit ramp.
(b)
In those instances where properties fronting on a local road
are of such width or are in multiple ownerships, and the accessways
to property cannot be provided in accordance with the minimum 300-foot
distance from the intersection of the interstate highway entrance
or exit ramp, a frontage access road shall be provided to service
such properties.
A.
Intent. This district is intended to provide for commercial uses
that offer goods and services on a mass scale to major and bulk purchasers,
as well as transportation-related service facilities and light industrial
uses. This district is intended to further the goals and objectives
of the Paw Paw Township Master Plan for heavy commercial and light
industrial land use.
B.
Permitted uses:
(1)
Assembly of finished or semifinished products from previously
prepared materials.
(2)
Packaging of previously prepared materials.
(3)
Printing, lithographic, blueprinting and similar uses.
(4)
Processing or compounding of commodities such as pharmaceuticals,
cosmetics, pottery, and food products.
(5)
Wholesaling, storage and/or warehousing of commodities, such
as hardware, packaged or fresh foods, clothing or drugs — which
are wholly contained within a fully enclosed building(s), except live
fowl or animals, commercial explosives, or aboveground or below-ground
bulk storage of flammable liquids, or gases, unless and only to the
extent that such storage of liquids or gases is directly connect to
energy or heating on the premises.
(6)
Industrial-office developments designed to accommodate a variety
of light industrial, applied technology, research and related office
uses, such as corporate headquarters, administrative or professional
offices, scientific or medical laboratories, engineering, testing
or design facilities, or other theoretical or applied research facilities.
(7)
Contractor's services.
C.
Special land uses:
(3)
Any industrial use which meets the purpose of this district
where all work is carried on within an enclosed building and which
does not emanate noise, vibration, odor, smoke, liquid waste, or light
to such an extent as to be objectionable to surrounding properties.
(4)
Grower facilities - Class A, Class B and Class C, excess marihuana grower facilities, and marihuana microbusinesses. (See § 42-8.07.)
[Amended 1-23-2020 by Ord. No. 268; 11-13-2020 by Ord. No. 272]
(9)
Earth removal, quarrying, gravel processing, mining and related commercial mineral extraction. (See § 42-8.08.)
[Amended 11-13-2020 by Ord. No. 272]
(10)
Publicly owned and operated buildings and uses including community
buildings and public parks, playgrounds and other recreational areas.
[Amended 11-13-2020 by Ord. No. 272]
(11)
Public utility buildings and structures necessary for the service
of the community.
[Amended 11-13-2020 by Ord. No. 272]
D.
Lot, yard and area requirements. Except as elsewhere specified herein, the lot, yard and area requirements shall be as specified in Article 6.00.
E.
Conditions and limitations.
(1)
The site shall have frontage and principal access from a paved
public road.
(2)
Where the site is adjacent to an existing residential district or use, screening shall be provided in compliance with § 42-9.05.
(3)
Outdoor storage in connection with the uses set forth in § 42-5.12B and C shall be allowed subject to the following:
(a)
Outdoor storage shall be allowed only in the side and rear yard
areas and may not be located within any required side or rear building
setback.
(b)
Outdoor storage areas shall be visually screened from persons standing at ground level on all abutting property located in other than the HCI District and all abutting streets. Required screening shall comply with § 42-9.17.
(c)
The total area of outdoor storage shall not exceed 30% of the
floor area of the principal building(s) upon the premises.
(4)
Loading areas may be located in side or rear yards; however,
side yard loading areas shall not face public streets and shall be
screened from front yard view where practical.
(5)
Public water and sanitary sewer shall be provided as part of
the site development.
(6)
All utilities shall be placed underground.
