[Ord. No. Z, eff. 2-7-1974]
This chapter shall be known and may be cited as the "Park Township Zoning Ordinance."
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-56, eff. 8-22-2006; Ord. No. 2024-01, eff. 4-1-2024]
This chapter is based upon the Township Land Use Plan and is designed to:
(1)
Promote the public health, safety, morals and general welfare;
(2)
Encourage the use of land in accordance with its character and adaptability and limit the improper use of land;
(3)
Avoid the overcrowding of population;
(4)
Provide adequate light and air;
(5)
Lessen congestion on the public streets and private roads;
(6)
Reduce hazards to life and property;
(7)
Facilitate the adequate provision of a system of transportation, sewage disposal, safe and adequate water supply, education, recreation and other public requirements;
(8)
Conserve the expenditure of funds for public improvements and services so as to obtain the most advantageous uses of land, resources and properties; and
(9)
If a use, building, structure, fixture or activity is not expressly allowed by this chapter, it is unlawful and prohibited. In addition, if a specific use, building, structure, fixture or activity is not expressly listed as a permitted use or use with special land use approval for a specific zoning district, it is prohibited and unlawful in that zoning district.
This chapter is adopted with reasonable consideration, among other things, of the character of each zoning district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building and population development. |
[Ord. No. Z, eff. 2-7-1974]
This chapter shall not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, except those repealed herein by specific reference or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the Township is a party. Where this chapter imposes greater restrictions, limitations, or requirements upon the use of buildings, structures, or land, the height of buildings or structures, lot coverage, lot areas, yards or other open spaces or any other use or utilization of land than are imposed or required by such existing laws ordinances regulations private restrictions, or restrictive covenants, the provisions of this chapter shall control.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-56, eff. 8-22-2006]
This chapter is enacted pursuant to the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL § 125.3101 et seq.).
[Ord. No. Z, eff. 2-7-1974]
The following listed rules of construction apply to the text of this chapter:
(1)
The particular shall control the general.
(2)
With the exception of this section and Section 38-6, the headings which title a chapter, section or subsection are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
(3)
The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(5)
The term "building" or "structure" includes any part thereof.
(6)
The word "person" includes a firm, association, partnership, joint venture, corporation, trust, or equivalent entity or a combination of any of them as well as a natural person.
(7)
The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used, or occupied."
(8)
Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-3, eff. 2-3-1977; Ord. No. Z-12 eff. 12-4-1980; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-5, eff. 1-18-1983; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-17, eff. 6-14-1985; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-21, eff. 1-20-1989; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-26, eff. 10-5-1989; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-52, eff. 9-5-2003; Ord. No. Z-55, eff. 3-31-2005; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-58, eff. 12-13-2007; Ord. No. ZO16-1, eff. 6-16-2016; Ord. No. ZO17-1, eff. 5-15-2016; Ord. No. 2018-3, eff. 8-26-2018; Ord. No. 2020-2, eff. 9-17-2020; Ord. No. 2021-02, eff. 8-4-2021; Ord. No. 2021-08, eff. 11-2-2021; Ord. No. 2023-01, eff. 4-15-2023; Ord. No. 2024-01, eff. 4-1-2024; Ord. No. 2024-04, eff. 9-4-2024; Ord. No. 2024-06, eff. 11-4-2024]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
To physically touch or border upon, or to share a common property line. A property is considered to abut another property when the two properties share all or a portion of a common property line or the property lines touch, such as at a corner.
A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure. Without limitation of the foregoing definition of an accessory building, the following buildings are hereby determined to be accessory buildings: garages, storage buildings, guesthouses, boathouses, greenhouses, playhouses, pool equipment and storage buildings, and pump houses. Without limitation of the foregoing definition, docks are hereby determined to be accessory structures.
To be near but not necessarily abut, adjoin, or be contiguous. A property is considered to be adjacent to another property when the two properties are nearby but do not share a common property line.
To physically touch or border upon, or share all or part of a common property line with, another lot or parcel of land. A property is considered to adjoin another property when the two properties share all or part of a common property line.
A facility licensed under Public Act No. 218 of 1979 (MCL § 400.701 et seq.), as well as any other facility of substantially similar character and purpose.
Those plants and animals useful to humans produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, deer, livestock (including breeding and grazing), horses, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms and other similar products. Marijuana is not considered an agricultural product.
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.
A portion of a building, or a portion of a room, located wholly or partially below grade, but not including any part thereof not so located.
An operation located in a single-family dwelling used to house a family unit as its principal place of residence, which offers overnight accommodations and a morning meal to transient guests in return for payment, including, but not limited to, any operation designed as an inn or tourist home.
A stairway which is used to traverse the difference in grade between the top and bottom of a bluff or dune along the Lake Michigan shoreline.
BILLBOARDAny structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising a business, service, or entertainment which is not conducted on the land upon which the structure is located or products not primarily sold, manufactured, processed or fabricated on such land.
BUSINESS SIGNAny structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising a business, service, or entertainment conducted on the land where the structure is located or products primarily sold, manufactured, processed, or fabricated on such land.
IDENTIFYING SIGNAny structure on the same premises it identifies which serves only:
NAMEPLATEA structure affixed flat against the wall of a building, which serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.
REAL ESTATE SIGNAny temporary structure used only to advertise with pertinent information the sale, rental, or leasing of the premises upon which it is located.
The property on either or both sides of the same street between the two nearest intersecting streets (crossing or terminating), railroad right-of-way, unsubdivided acreage, lake, rivers, or live streams, or between any of the foregoing and any other barrier to the continuity of development, or boundary line of the Township.
Anything which is constructed or erected, including a mobile home, having a roof supported by columns, walls, or other supports, which is used for the purpose of housing or storing of persons, animals, or personal property or carrying on business activities or other similar uses.
The vertical distance measured from the average existing grade, measured three linear feet out from the structure, to the highest point of the roof surface. The average existing grade shall be established using the Ottawa County Geospatial Insights and Solutions Department, or successor department, 2018 contours and shall be measured by utilizing no more than four points, each located at the center of the generally north-facing elevation, east-facing elevation, south-facing elevation, and west-facing elevation of the proposed structure.
The distance between the adjacent lot line and the nearest wall projection or structural component of any building as measured along a straight line at a right angle to the lot line. Certain exceptions or additional restrictions to building setbacks can be found in Sections 38-494, 38-495, 38-496, 38-497, 38-483 and various other parts of this chapter regulating the location of buildings or structures.
A building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built, used, designed, or intended for the shelter or enclosure of the principal use of the lot.
An open-sided vehicle shelter usually, but not always, formed by the extension of the roof from the side of a building. A carport shall be considered both an outdoor parking space and an accessory structure.
Any area or space other than required yard areas which is unobstructed and unoccupied by buildings, structures, roads, or other man-made objects and is readily accessible to all those for whom it is required.
To abut or adjoin another property by sharing all or portion of a boundary line or property line. A property is considered to be contiguous to another property when the two properties share all or a portion of a common property line.
A lot located at the intersection of two or more public streets, private roads, or combination of public streets and private roads, where the corner interior angle formed by the intersection of the streets and/or roads is 135° or less, or a lot abutting upon a curved street and/or road if tangents to the curve, at the two points where the lot lines meet the curve, form an interior angle of 135° or less.
A raised platform, commonly but not necessarily constructed of wood, which does not have a roof and is typically attached to or abuts a house and used for outdoor leisure activities.
A deck which has a floor or walking surface over 60 inches or five feet in height, as measured from the average surrounding grade.
A deck which has a floor or walking surface that is up to 60 inches or five feet in height, or any deck between ground level and 60 inches that includes a railing, as measured from the average surrounding grade.
A deck that is up to 24 inches or two feet in height with no railing, as measured from the average surrounding grade.
Any structure, whether permanent or removable, that extends from the shoreline into a lake, river or stream and to which one or more boats or other watercraft may be docked or moored.
Any building or portion of a building that is occupied in whole or in part as a home or residence, either permanently or temporarily, by one or more families, but not including motels, hotels, resorts, tourist rooms or cabins. Subject to compliance with the requirements of Section 38-507, a mobile home shall be considered to be a dwelling.
MULTIFAMILYA building designed for use and occupancy by three or more families.
SINGLE-FAMILYA building designed for use and occupancy by one family only.
TWO-FAMILYA building designed for use and occupancy by two families only.
A building, or a portion of a building, with one or more rooms, including bathroom, kitchen, and sleeping facilities, connected together in a manner designed and maintained as a self-contained unit for residential occupancy by one or more people living as a single housekeeping unit.
A raised platform that may or may not be attached to a building or structure and is used for traversing difficult landscapes such as those located in the Critical Dune Areas, floodplains, and wetlands.
One or more persons occupying a single dwelling unit and using common cooking facilities; provided, however, that, unless members are related by blood, marriage or adoption, no such family shall contain more than five persons.
A year-round or seasonal location where transactions and marketing activities between farm market operators and customers take place, which is located on property owned or controlled by the producer of the products offered for sale at the market, and subject to Generally Accepted Agricultural Management Practices as defined by the Michigan Department of Agriculture and Rural Development or its successor agency.
A metal cover that fits over the fire pit or recreational fire that helps control sparks from leaving the outdoor recreational fire, fireplace, fire pit, or container with openings not to exceed 12.5 millimeters/1.25 centimeters in dimension.
A self-contained, motorized vehicle which is used for the preparation and distribution or sale of food. This definition shall include a food trailer, serving the same purpose but towed behind another motorized vehicle.
The gross floor area of all floors of a building or an addition to an existing building. For all office buildings and for any other building, except dwelling units, where the principal use thereof shall include the basement, the basement floor area shall be included except that part thereof which contains heating and cooling equipment and other basic utilities.
An undeveloped or natural area, which may only be improved with landscaping and/or nature trails.
The total area in acres in any PUD that is determined according to the requirements of Section 38-367(2)a and that may include road right-of-way if the legal description for the land includes the road right-of-way.
The total area per acre in any PUD District that is suitable for development, i.e., excluding areas of swamps, steep slopes, or other natural or man-made limitations, which preclude or limit development.
An occupation that is conducted within a dwelling primarily by the residents of the dwelling, which use is incidental and secondary to the use of the dwelling as a home, and which does not alter the residential character of the property.
A commercial establishment that offers lodging accommodations and additional services, such as restaurants, meeting rooms, entertainment, or recreational facilities, to transient guests in return for payment. Access to the lodging facilities is generally from indoor corridors.
A place where junk, waste, or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including wrecked vehicles, used building materials, structural steel materials and equipment and other manufactured goods that are worn, deteriorated or obsolete.
Any land, building or structure where five or more cats and/or dogs over four months of age are boarded, housed or bred.
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory structures, or utilized for a principal use and accessory uses, together with such open spaces as are required by this chapter.
The total horizontal area within the lot lines of a lot. In the case of a waterfront lot, the lot area shall be measured to the 100-year floodplain elevation as depicted in the December 2011 Flood Insurance Rate Map (FIRM), as amended, issued by the United States Federal Emergency Management Agency. In determining lot area, land located within a public street right-of-way and/or a private road easement shall not be considered.
In the case of a lot not located on a corner, the line separating said lot from the street right-of-way. In the case of a corner lot, the front lot line shall be that line that separates said lot from the street which is designated as the front street on the site plan or which is designated as the front street on the site plan review application or request for a building permit.
Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, or wedge-shaped lots or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet in length, lying farthest from the front lot line and wholly within the lot.
Any lot line other than the front or rear lot lines. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
The horizontal distance between the side lot lines of a lot parallel to the front lot line. Lot width shall be measured at the front lot line and shall not be less than the minimum width required within the zoning district in which it is located continuously to the minimum depth necessary to meet the minimum lot area of the zoning district in which it is located.
A property developed with a principal building, accessory structure, or combination thereof.
A property left undisturbed in a natural state without a principal building, accessory structure, or combination thereof, or any other man-made feature.
General repair, rebuilding, or reconditioning of engines or vehicles, collision service, including body repair and frame straightening, painting or upholstering; or vehicle steam cleaning and undercoating.
A place where any one or more of the following conditions exist:
A commercial enterprise is operated for the sale, service or storage of boats or other watercraft; or
A dock and/or mooring is extended into or over an inland lake or stream for use by the public and/or land, condominium or dock owners and more than four boats will be moored to any one dock and/or more than four moorings will be located.
Minor repairs, incidental replacement of parts, or motor service to passenger automobiles and trucks not exceeding two tons' capacity; provided, however, there is excluded any repair or work included in the definition of the term "major automotive repair" in this section.
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 permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure; excluding, however, a vehicle designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle moved on or drawn by another vehicle.
DOUBLE-WIDEA combination of two mobile homes designed and constructed to be connected along the longitudinal axis, thus providing double the living space of a conventional single-wide unit without duplicating any of the service facilities such as kitchen equipment or furnace.
SINGLE-WIDEA mobile home with a longitudinal width of no greater than 14 feet for its full length.
Michigan Public Act No. 96 of 1987 (MCL § 125.2301 et seq.), or other similar successor statute having similar licensing jurisdiction.
A measured parcel of land within a mobile home park which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home.
That portion of a mobile home lot reserved for the placement of a mobile home, appurtenant structures, or additions.
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes on a rental basis for nontransient use.
A mobile home park, except that the mobile home lots are subdivided, surveyed, recorded, and sold in accordance with Public Act No. 288 of 1967 (MCL § 560.101 et seq.).
A commercial establishment consisting of a building or group of buildings on the same lot, whether detached or in connected rows, which offers lodging accommodations and sleeping rooms to transient guests in return for payment. Access to the lodging facilities is generally from the outside.
Every vehicle that is self-propelled.
The area in acres in any PUD that is determined according to the requirements of Section 38-367(2).
An organization which does not produce an income for any person; a nonprofit organization which raises funds for itself and which has 15 or more stockholders or members shall be considered a noncommercial organization.
A facility licensed under Public Act No. 368 of 1978 (MCL § 333.1101 et seq.).
Any outdoor body of standing water accumulated in a natural or artificially constructed basin or depression in the earth, either above or below or partly above or partly below grade, capable of holding water to a depth of greater than two feet when filled to capacity.
A proprietary interest in land which confers certain rights and responsibilities, held by any individual, firm, association, syndicate, partnership, or corporation.
An off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees. The term "parking area" includes access drives within the actual parking area. For purposes of this definition, and as used throughout this chapter, the term "off-street," when related to off-street parking requirements, includes both public streets and private roads, thereby requiring the parking area to be located off both public streets and private roads.
A hard surface area adjacent and connected to, but distinct from, a street or private road, intended for parking motor vehicles.
Concrete posts embedded in the ground to a depth below the frost line at regular intervals along the longitudinal distance of a mobile home and intended to serve as a base for supporting the frame of the mobile home.
A covered entrance to a building or structure which is unenclosed, except for columns supporting the porch roof, and which projects out from the main wall of said building or structure. A porch may have a roof that is either separate or integral with the principal building or structure to which it is attached.
The primary or predominant use of a lot.
Fresh fruits, vegetables, grain, oats, and other similar products raised or cultivated from the earth.
An outdoor fire burning material other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purpose.
A commercial establishment, generally used as a vacation facility by the general public, which offers lodging accommodations, restaurants or meals, recreation and entertainment to transient guests in return for payment, and which provides on-site activities such as golfing, horseback riding, skiing, swimming, snowmobiling, hiking, biking, tennis, other court sports or other similar activities.
A temporary building or structure designed or used for the display and/or sale of agricultural products produced on the premises upon which the stand is located.
A parabolic or spherical reflective type of antenna used for communications with a satellite-based system located in planetary orbit.
A dwelling unit, cabin, home, cottage or house (or part or portion thereof) that is available for rental, leasing, or use for habitation, accommodation or lodging of guests, renters, third parties, or others paying a fee, money, charge or other compensation, for a period of 28 or fewer consecutive days and nights at a time. A "tourist home" is a type of STR.
A publicly or privately owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road or other thoroughfare, except an alley. The street right-of-way shall include all land deeded or dedicated for street purposes, or, in the absence of a deed or dedication for street purposes, the street right-of-way shall be considered to be 66 feet in width.
Anything except a building, constructed or erected, the use of which requires permanent location on the ground or lake, river or stream bottom or attachment to something having a permanent location on the ground or lake, river or stream bottom.
A structure either above or below or partly above and partly below grade, located either in part or wholly outside of a permanently enclosed and roofed building, designed to hold water to a depth of greater than two feet when filled, and intended to be used for swimming purposes.
A seasonal location operating 90 or fewer days per calendar year and consisting of over 200 square feet in total size including market tables or structures, where transactions and marketing activities between produce market vendors and customers take place on a neutral property not owned or controlled by the producer of the products offered for sale at the market.
A building, other than a hotel, boardinghouse, lodging house, or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
A transportable unit intended for occasional or short-term occupancy as a dwelling unit during travel, recreational, or vacation use.
Property that is contiguous (i.e., undivided by any road, street, etc.) and in common ownership that will perpetually remain as undeveloped open space via a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.
The floor area of a dwelling exclusive of garages, porches, basement or utility area.
Raw agricultural products that have been modified or enhanced to have a higher market value and/or a longer shelf life, such as pies, salsas, jams, soaps, etc.
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices propelled by human power or used exclusively upon stationary rails or tracks.
A lot abutting or having frontage on either Lake Michigan or Lake Macatawa.
An open space, other than a court, unoccupied and unobstructed by any building or structure; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. "Yards" or "minimum yards" as required in other provisions of this chapter shall be considered as "required yards," and allowable building projections shall be the same as defined in this section for building setbacks.
A yard extending across the full width of the lot, the depth of which is the distance between the street right-of-way (or private road easement) line and the main wall of the building or structure. In the case of waterfront lots, the yard fronting on the street (or private road) shall be considered the front yard.
A yard, unoccupied except for accessory buildings, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building.
A yard between a main building and the side lot line, extending from the front yard to the rear yard, or any yard that is not considered a front or rear yard.
The Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL § 125.3101 et seq.).
[Ord. No. Z, eff. 2-7-1974]
Any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained or used, or any use of a lot or land which is begun, maintained or changed in violation of any term or provision of this chapter, is hereby declared to be a nuisance per se. Any person who shall violate a provision of this chapter or shall to fail to comply with any of the requirements thereof, shall be responsible for a municipal civil infraction, subject to enforcement procedures as set forth in the municipal civil infraction ordinance adopted by the Township, and subject to a fine of $50, plus costs and other sanctions, for each infraction. Each day during which any violation continues after due notice has been served shall be deemed a separate and distinct offense. Increased civil fines may be imposed for repeat violations; a repeat violation means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. An increased civil fine for repeat violation shall be as follows:
(1)
The fine for any offense which is a first repeat offense shall be $250, plus costs and other sanctions;
(2)
The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $500, plus costs and other sanctions.
The Township Zoning Administrator is hereby designated as authorized Township official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Township municipal chapter violations bureau) as provided by this chapter. |