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ZONING ORDINANCE OF

WHITEFISH TOWNSHIP

CHIPPEWA COUNTY, STATE OF MICHIGAN

REVISED AND UPDATED EDITION

ADOPTED BY THE WHITEFISH TOWNSHIP BOARD

JULY 7, 1994

 

An Ordinance to establish zoning provisions governing the unincorporated portions of Whitefish Township, Chippewa County, State of Michigan, enacted in accordance with Act 184 of the Public Acts of Michigan, The Township Rural Zoning Act of 1943, as amended.

 

Article I

PREAMBLE

 

SECTION 1.01    PHYSICAL CHARACTERISTICS

Whitefish Township is composed primarily of woods, lakes, rivers, streams, and a large coastal area on Lake Superior with a low but increasing population density. Wise and careful development of the Township must consider adequate protection of its land, air and water qualities. These qualities are resources governed by unchangeable natural laws which ultimately determine their physical characteristics. The way these resources are used, however, is determined by its residents. Their proper use must occur within the limits posed by the physical environment. Therefore, one of the purposes of this zoning ordinance is to shape the ways in which people impact on the natural environment to ensure the optimum and beneficial utilization of these resources. We must encourage and facilitate the practice of land use in accordance with its character, location and adaptability; prevent practices that depreciate land, water and air, such as overcrowding and pollution; prevent the development of conditions that may be hazardous to life, the general welfare and the pursuit of happiness; and protect the interest of the public in the real values of its domain.

 

SECTION 1.02     HUMAN NEEDS

This zoning ordinance provides a framework for systematic and orderly development of the Township. By conscientiously administering this ordinance, the Township can enhance the quality of our schools and parks, provide adequate traffic circulation, sewage and waste disposal, fire, ambulance and police protection and other community facilities, utilities and services. It is the coordination of these facilities, and services in a planned and orderly fashion that can best provide for the general health, safety and welfare of the people of Whitefish Township.

 

SECTION 1.03     ECONOMIC CONSIDERATIONS

Planned and orderly development of the Township will especially improve the economic climate and thereby attract industrial, recreational, commercial and manufacturing enterprises. It will improve the coordination of public facilities, utilities and services necessary for economic growth. The zoning process will also help stabilize the tax base of the Township by preventing the devaluation of property through the undesirable use of adjoining properties.

 

SECTION 1.04     LIMITATIONS OF ORDINANCE: EXISTING USE OF LANDS, BUILDINGS AND STRUCTURES

At the discretion of the property owner, the lawful use of any dwelling, business or structure, and any land or premises as existing on or before the date of the enactment of this ordinance may be continued.

 

Article II

ZONING DISTRICTS

 

SECTION 2.01     CLASSIFICATION OF DISTRICTS

To achieve the purposes set forth in the preamble, the unincorporated area of Whitefish Township is hereby divided into the following districts:

RESIDENTIAL DISTRICTS

(R/1) and (R/2)

Mobile Home Parks  (R/3)

RECREATIONAL FOREST DISTRICTS   (R/F)

COMMERCIAL DISTRICTS

General Business   (C/1)

Commercial/Residential   (C/R)

INDUSTRIAL DISTRICTS  (I)

AGRICULTURAL DISTRICTS (A)

The district classification can be found in the zoning maps, which are an integral part of this ordinance. See also vicinity maps or legal descriptions.

 

Article III

RESIDENTIAL DISTRICTS (R/1) (R/2) (R/3)

The following provisions shall apply to all residential districts.

 

SECTION 3.01     PURPOSE

The purpose of creating residential districts is to provide areas in the Township dedicated primarily to residential uses in which each dwelling is located on an individual lot or premises adequate in size and shape to provide for safe water supply and sewage disposal facilities, to minimize hazards and facilitate safe exit from and entrance to the premises.

The requirements are intended to protect and stabilize the basic qualities of each district, and to provide suitable and safe conditions for residential living.

Land in Whitefish Township within a corridor extending 1500 feet on either side of Highway M123 and the Whitefish Point Road, but not including (a) land owned by the State of Michigan or the United States and (b) land in commercial or industrial districts under this ordinance, is zoned R/1. All land zoned R/2 is found in the Recreational Forest District R/F. See Table I.

 

SECTION 3.02     PROPERTY USES

Except as provided by Table I and articles I, VII and VIII or as may hereafter be provided by due amendment, no land or premises shall hereafter be used, and no building or structure erected, used, or altered for other than the following purposes:

 

SECTION 3.02A     PRIMARY USES (WITHOUT SPECIAL APPROVAL)

Primary uses include:

One or two single family dwellings, or one duplex including private garages.

Customary home occupations that involve minimal parking and traffic such as dressmaking, hairdressing, bookkeeping, attorney, engineer, or architect. Such occupations or profession shall be limited to a resident within their dwelling and shall not be pursued in an accessory building or structure on the premises, nor with the assistance of more than one non-residing employee.  Such use shall not occupy more than twenty-five percent of the floor space exclusive of attic or basement. It shall show no external indication of such use nor any change in the appearance of the building or premises from a dwelling, except that one

unilluminated sign not exceeding one thousand square inches in area may be attached flat on the front wall of the dwelling to advertise the activity.

Accessory buildings, structures and uses customarily incidental to any primary use or approved use which does not alter the primary character of the district, but not including any structure for dwelling purposes either temporarily or otherwise.

 

SECTION 3.02B     USES BY SPECIAL APPROVAL

Uses requiring special approval include:

Hospitals and clinics for human service including nursing homes, nursery schools, day nurseries and child care.

Bed and Breakfasts and similar establishments contained within private residences.

Churches and other buildings or structures of a religious nature.

Public owned parks and playgrounds.

Customary home occupations, other than those illustrated in Section 3.02A.

Community center building.

Community colleges, including dormitory facilities.

Libraries and schools.

 

Article IV

RECREATIONAL FOREST DISTRICTS (R/F)

 

SECTION 4.01     PURPOSE

This district is designed to promote the proper use, enjoyment and conservation of the forest, water, land, and other resources particularly adapted to forest and recreational uses.

 

SECTION 4.02     PROPERTY USES

Except as provided by Table I and articles I, VII and VIII, or as may hereafter be provided by due amendment, no land or premises shall hereafter be used and no building or structure erected, used or altered for other than the following purposes.

 

SECTION 4.02A     PRIMARY USES (WITHOUT SPECIAL APPROVAL)

Primary uses include:

Dwellings and cottages.

Hunting, fishing and trapping.

Harvesting of forest products.

Harvesting of any native or wild crop permitted by law.

Reforestation.

Travel trailers, mobile homes.

Accessory buildings, structures and uses customarily incidental to any primary use.

 

SECTION 4.02B     USES BY SPECIAL APPROVAL

Uses requiring special approval include:

Tourist cabins.

Archery and shooting ranges.

Campgrounds.

Sand and gravel extraction.

Forest industries.

 

Article V

COMMERCIAL DISTRICTS (C/1) (C/R)

SECTION 5.01    PURPOSE

The purpose of commercial districts is to provide accommodations primarily devoted to retail stores and shops, commercial enterprises, professional and other services generally associated with local business districts.

 

SECTION 5.02     PROPERTY USES

For C/R districts used for residential purposes only, see Article III.

Except as provided by Table I, and Articles I, VII, VIII, or as may be provided by due amendment, no land or premises shall hereafter be used and no building or structure erected, used or altered for other than the following purposes:

 

SECTION 5.02A     PRIMARY USES (WITHOUT SPECIAL APPROVAL)

Retail stores and shops offering chiefly new merchandise when conducted primarily within buildings having four walls and a roof, but not excluding antique shops.

Personal service shops such as beauty parlors, barber shops, tailor shops, shoe repair shops and the like.

Auto, truck and recreational vehicle repair shops.

Professional offices.

Restaurants, food and drink services.

Banks, showrooms and undertaking establishments.

Recreational facilities.

Buildings used for public, civic and social purposes.

Accessory buildings, structures and uses customarily incidental to any permitted or approved use, including dwellings on the same plot as the commercial establishment.

Gasoline and service stations.

Parking lots and used car lots.

Dry cleaning and self-service laundries.

Hotels, motels and motor inns.

Retail building supply yards.

 

SECTION 5.02B     USES BY SPECIAL APPROVAL

Light manufacturing, when housed within buildings for the repair, alteration, finishing, assembling or fabrication of goods primarily for retail sales.

Storage and warehousing facilities.

Taverns, dance halls and fraternal buildings.

Drive-in establishments.

Transformer stations and substations, including service or storage yards.

Dwellings not used in conjunction with a commercial establishment.

 

SECTION 5.03     SITE PLAN

A site plan, including all applications, drawings and statements of operating conditions must be submitted to and approved by the Zoning and Planning Board.

 

SECTION 5.04     DRAWINGS

Drawings shall include the location of all parking areas, loading facilities, waste disposal areas, outdoor storage areas, roads and drives, fences, enclosure walls and barriers, and all special construction on the premises.

 

SECTION 5.05     STATEMENT OF OPERATING CONDITIONS

The application shall include a written statement of the effects of the operation on traffic in the neighborhood, on water and air quality, on noise and glare conditions, on fire and safety hazards, on emission of dangerous or obnoxious matter, on any other matter that the zoning administrator deems necessary, and on the proposed treatment of any such conditions. It shall show plans for the disposal of sewage and all waste products, with such plans being approved by the Chippewa County Health Department. It shall specify plans for smoke and pollution control.

 

Article VI

INDUSTRIAL DISTRICTS (I)

 

SECTION 6.01    PROPERTY USES

No property within an industrial district shall be used or altered for other than the following PURPOSES:

 

SECTION 6.01A     Primary Uses

Primary uses include:

The manufacture and testing of any product, goods or materials, including repair, storage and sale of such products or materials.

Wholesale commercial establishments, including contractor yards and buildings.

Public utility buildings and structures.

Accessory uses customarily incidental to any permitted or approved use, including office facilities, food service for employees, and caretaker facilities.

 

SECTION 6.01B     USES BY SPECIAL  APPROVAL

Uses requiring special approval included:

Reduction, conversion and disposal of waste goods and materials.

Salvage yards. These must conform to any existing or future Chippewa County and State of Michigan ordinances and must not be used as dumps.

Auto, truck, and recreational vehicle repair shops. (added 6-1-1995)

 

SECTION 6.02     STANDARDS OF PERFORMANCE

See Section 8.02K.

On-premises parking and loading space shall be provided for all owned and leased vehicles. Parking space no less in proportion than one space for every employee for each working shift shall be provided on the premises. The total number of employees shall be specified.

 

SECTION 6.03    SITE PLAN

A site plan including all applications, drawings and statements of operating conditions must be submitted to and approved by the Zoning and Planning Board.

 

SECTION 6.04    DRAWINGS

The drawings shall include the location of all parking areas, loading facilities, waste disposal areas, outdoor storage areas, roads and drives, fences, enclosure walls and barriers and all special construction on the premises.

 

SECTION 6.05     STATEMENT OF OPERATING CONDITIONS

The application shall include a written statement of the effects of the operation on traffic in the neighborhood, water and air quality, noise and glare conditions, fire and safety hazards, emission of dangerous or obnoxious matter, on any other matter that the zoning administrator deems necessary, and on the proposed treatment of any such conditions. It shall show plans for the disposal of sewage and all waste products, with such plans being approved by the Chippewa County Health Department. It shall specify plans for smoke and pollution control.

 

Article VII

TOURIST DISTRICTS (T)

 

SECTION 7.01    PURPOSE

The Tourist Districts are designed to accommodate those activities necessary to service tourist needs.

 

SECTION 7.02    PROPERTY USES

Except as provided by Table I and articles I, VIII, or as may hereafter be provided by due amendment, no land or premises shall hereafter be used and no building or structure erected, used or altered for other than the following purposes.

 

SECTION 7.02A    PRIMARY USES (WITHOUT SPECIAL APPROVAL)

Residential Purposes as stated in Article III-R/1.

Hotels, Motels, Motor Inns and Tourist Rental Cabins

Bed and Breakfast

Camping Sites and Travel Trailer Sites

Gift, Souvenir and Retail Shops

Restaurants

 

SECTION 7.02B    USES BY SPECIAL APPROVAL

Any other Tourist oriented establishments are subject to approval by the Zoning and Planning Board.

 

SECTION 7.03    SITE PLAN

A site plan, including all applications, drawings, and statements of operating conditions must be submitted to and approved by the Zoning and Planning Board.

 

SECTION 7.04    DRAWINGS

Drawings shall include the location of all parking areas, loading facilities, waste disposal areas, outdoor storage areas, roads and drives, fences, enclosure walls and barriers, and all special construction on the premises.

 

SECTION 7.05    STATEMENT OF OPERATING CONDITIONS

The application shall include a written statement of the effects of the operation on traffic in the neighborhood, on water and air quality, on noise and glare conditions, on fire and safety hazards, on emission of dangerous or obnoxious matter, on any other matter that the Zoning Administrator deems necessary, on the proposal statement of any such conditions. It shall show plans for the disposal of sewage and all waste products, with such plans being approved by the Chippewa County Health Department. It shall specify plans for smoke and pollution control.

 

SECTION 7.06    ANNEX OF ADJOINING PROPERTIES

Adjoining properties may be annexed into the Tourist Districts (T) not to exceed more than 50% of the original adjoining Tourist Districts (T) property without special approval by the Zoning and Planning Board.

 

Article VII

LAKESIDE, PONDSIDE, RIVERSIDE AND STREAMSIDE USES

The following provisions shall apply to lakeside and pondside, and riverside and streamside uses in all districts. These terms refer to and shall apply to the areas five hundred feet either side of any lake, pond, river, stream or creek within Whitefish Township.

 

SECTION 7.01    PURPOSE

The primary purpose of this article is to preserve and enhance the wilderness characteristics of all lake, pond, stream and river systems, as defined herein, for the benefit of present and future generations, to protect the fish, wildlife and forest resources, water quality, scenic and aesthetic qualities, historical and recreational values.

The secondary purpose of this article is to provide low density, seasonal cottage or cabin use on lots of sufficient area to accommodate the safe and healthful use of on-site water and waste disposal facilities.

If development is to occur, the zoning administrator, in accord with the stated purpose, shall insure that said development is compatible with the wilderness characteristics of the area.

 

SECTION 7.02    PROPERTY USE

Except as provided by Table I, and articles I and VIII, or as may be proved by due amendment, no land or premises shall hereafter be used and no building or structure erected, used or altered for other than the purpose for which it is zoned.

 

SECTION 7.03     LOT SIZES

Except for properties presently containing lesser lot sizes on descriptions recorded in the office of the Chippewa County Register of Deeds before the date of the adoption of this ordinance, all lake property lots shall consist of a minimum of one hundred feet lake frontage (side lines of lot shall be one hundred feet apart at lake front), with a minimum lot size area of fifteen thousand square feet.

 

SECTION 7.04    SETBACKS

Setback requirements for buildings and structures, except docks, boat houses, boat lifts and seawalls shall be fifty feet from the normal high water line.

A four hundred foot setback shall be required for the extraction of sand, gravel or other minerals.

Every use shall establish and maintain a green belt fifty feet wide from the water’s edge. Within this belt no more than forty percent of the natural trees and shrubs may be removed – this forty percent to be distributed approximately evenly over the belt. The intent of the preceding sentence is to prevent clear-cut patches along the water’s edge. Special permission will be granted for more concentrated cutting necessary to establish roads and paths. Trees and shrubs within the green belt may be trimmed or pruned to afford a view of the fronting waters and for access to any boat dock.

Cropping or livestock rearing, together with fencing, shall not be permitted in an area within three hundred feet of the water’s edge.

No dwelling may be constructed on, or moved onto lands which are subject to flooding.  Land filling may be permitted to meet the minimum requirements of the Chippewa County Health Code.

All soil disturbance in the greenbelt shall be done in accordance with Public Law 347. A permit must be secured from the Michigan Department of Natural Resources.

The green belt shall be maintained.

No unauthorized material shall be allowed to enter the water, either by erosion or other mechanical means.

Fill material shall be of a type recommended by the Michigan Department of Natural Resources, U.S. Army Corps of Engineers, or any other pertinent agency.

Filled or recontoured areas shall be planted and maintained with native perennial vegetation.

 

SECTION 7.06     ROADS OR TRAILS FOR MOTORIZED TRAVEL

No roads, trails or driveways for motorized travel shall be allowed within fifty feet of the normal high water line. However, private launch facilities may be constructed to the water’s edge. Such facilities are subject to approval by the Michigan Department of Natural Resources.

 

Article VIIA

Whitefish Township Preservation District PD

 

SECTION 7A.01 PUROSE

This District is intended primarily for preservation and conservation of resources existing in the District. A unique natural environment rich in natural and cultural resources characterizes the area. The proper maintenance, management and preservation of these attributes are valuable to the property owners as well as the Township.

 

SECTION 7A.03 PROPERTY USES

In the Preservation District, no land or buildings shall be used, and no buildings or structures shall be erected or converted, for any use or under any condition for other than the following purposes.

 

SECTION 7a.03 PRIMARY USES (WITHOUT SPECIAL APPROVAL)

Essential services provided there are no buildings associated with the improvement.

Museum.

Conservation areas for wildlife, soils, vegetation and waters.

Re-forestation, including native trees, vegetation and soils.

Wildlife refuge.

 

SECTION 7A.04 SPECIAL APPROVAL USES

The following uses may be approved by the Planning Commission but are subject to the provisions contained in Section 8.05.

A Planned Unit Development in accordance with Article VIIIA.

Essential service buildings.

 

SECTION 7A.05 AREA REGULATIONS AND MISCELLANEOUS PROVISIONS

The following requirements are the minimum permitted in the Preservation District:

Area requirements. See Table 1.

Existing buildings and structures shall not be altered, changed, expanded or modified, except for regular maintenance purposes, unless consistent with the provisions of this Zoning Ordinance.

 

SECTION 4.                       AMENDMENT BY ADDITION OF ARTICLE VIIIA

The Zoning Ordinance of Whitefish Township is hereby amended by adding Article VIIIA entitled Planned Unit Development.

 

GENERAL PROVISIONS

 

SECTION 8.01                 LAND, YARD, AND DWELLING SIZE REQUIREMENTS

Every building hereafter erected shall be located on a lot or premises in conformity with the following minimum or maximum limitations, as the case may be (see Table I). Any structure which includes a dwelling must meet all requirements of this ordinance pertaining to dwellings (see Table I, articles II and VII).

 

SECTION 8.02                 SUPPLEMENTARY LAND AND YARD PROVISIONS

 

SECTION 8.02A LOTS ON RECORD

Every dwelling hereafter erected or altered shall be located on a lot or premises, the description of the boundaries of which are on record at the office of the Chippewa County Register of Deeds, or in the case of land contract, a legal description on file with the zoning administrator, identifying the location of the premises.

 

SECTION 8.02B                AREA AND YARD LIMITATION

A second dwelling may be permitted by special approval, but only if the size of the lot or parcel is sufficient to meet minimum requirements for each dwelling (see Table I). Such a second dwelling may not be rented as a tourist accommodation.

 

SECTION 8.02C                EXISTING SUBSTANDARD LOTS

If the area or width of any lot on public record on the date of enactment of this ordinance in a district permitting the erection of dwellings is less than the minimum required by this ordinance, the lot may be used for a single one family dwelling and the required width of each side yard reduced not more than fifty percent of the requirement, but not less than five feet in any instance with approval of the Chippewa County Health Department.

 

SECTION 8.02D              LOT DIVISION

The division of a lot in a recorded plat is prohibited unless approved following application to the Township Board. The application shall be filed with the township clerk and shall state the reasons for the proposed division. The Township Board may request review and comment by the Chippewa County Planning Commission. The division, to be approved by the Township Board, shall have the suitability of the land for building purposes approved by the Chippewa County Health Department. No building permit shall be issued, or any building construction commenced, prior to the Township Board’s approval. No lot in a recorded plat shall be divided into more than four (4) parts and the resulting lots shall be not less in area than permitted by the township or county zoning ordinance. The division of a lot resulting in a smaller area than prescribed herein may be permitted but only for the purpose of adding to the existing building site or sites. The application shall so state and be in affidavit form.

 

SECTION 8.02E                  STANDARDS OF EXTERNAL APPEARANCE

All dwellings under construction must be completed through application of external siding within 18 months of the date of the building permit. Also see Section 8.02F.

 

SECTION 8.02F                  USE OF YARD SPACE

No yard encompassing a dwelling or adjacent lot shall hereafter be used for the open-air storage, wrecking, parking, dismantling, accumulation, or abandonment of any unused, discarded, or dismantled vehicle, machinery, apparatus, implement, furniture, appliance, junk, unused building materials, building material waste and debris including woods waste and stumps, or similar property.

 

SECTION 8.02G              ACCESSORY BUILDINGS

All attached accessory buildings and structures, including garages, open porches and breezeways shall be considered a part of the main building in determining yard requirements. All unattached buildings shall be located in accord with the required setbacks of the main building on the premises.

 

SECTION 8.02H              DRIVEWAYS

All driveways shall be a minimum of five feet from any line, unless written permission is obtained from the adjacent property owner(s).

SECTION 8.02I                KENNELS AND STABLES

All kennels and stables shall be located and constructed so as to minimize the potentially adverse effects of noise and odors on adjacent properties. No structure associated with a kennel or a stable, when used for a commercial purpose, shall be located closer than two hundred feet to any property boundary.

 

SECTION 8.02J               VEHICULAR PARKING

Off-street parking space with adequate access to all such spaces shall hereafter be provided in all districts at the time of erection or enlargement of any main building or structure for the parking, loading and unloading of vehicles. Approval of each exit and entrance shall be obtained from the Chippewa County Road Commission or the Michigan State Highway Department. Such approval shall include the design and construction methods thereof in the interests of safety, adequate drainage and other public requirements. Adequate parking for estimated usage must be provided. The adequacy of provisions made for parking, access and drainage will be determined by the zoning administrator.

 

SECTION 8.02K              STANDARDS OF PERFORMANCE

No use shall cause a nuisance to adjacent premises.

No use shall discharge any produced dust, odorous matter, noxious, corrosive or toxic fumes, or physical vibration and excessive noise, or heat or glare beyond the premises whereon located. Consideration shall also be given to the intensity of the use, hours of operation and potential traffic generation and the impact of these factors on the adjacent land uses and zoning districts.

Minimum yard requirements will be in accordance with the appropriate standards, except that the Zoning and Planning Board may require yard requirements greater than the prescribed minimum in order to insure compliance with subsections 1 and 2 above, with consideration for preserving the intent, health, safety and welfare objectives of this ordinance.

 

SECTION 8.02L               LIMITATIONS ON USE OF  BILLBOARDS

The use of billboards within Whitefish Township is circumscribed by township ordinance.

 

SECTION 8.03                 NON-CONFORMING USES

 

SECTION 8.03A  BASIC PROVISION

The use of any building, structure or land not otherwise permitted under the provisions of this ordinance for non-conforming use which does not tend to constitute a nuisance or prove otherwise injurious to the surrounding neighborhood, and is not contrary to the purpose of this ordinance as set forth in the Preamble may be permitted upon proper application and approval as hereinafter provided.  Application for a permit, the location, erection, alteration or use of such land, building or structure shall be made as provided in Table I to the zoning administrator who shall refer the application to the Zoning and Planning Board for its recommendation.

The Zoning and Planning Board shall fix a time for hearing such application and shall give notice thereof by two publications in a newspaper of general circulation; the first to be published not more than thirty days nor less than twenty days, and the second not more than eight days, before the date of such hearing. At the hearing, any party may appear in person or by agent or attorney. The Zoning and Planning Board shall thereupon make written recommendation to the Township Board to grant or deny the permit or to modify the application. The Township Board, at its next regular meeting or at a special meeting called for that purpose, shall either approve or deny the application, and in the event of approval shall authorize the issuance of the permit.

No non-conforming use shall be changed to other than a conforming use. Nor shall any conforming use be reverted to a non-conforming use. When a non-conforming use is discontinued for a period of one year, any subsequent use must be a conforming one.

 

SECTION 8.03B                 MINOR REPAIRS OF BUILDINGS AND STRUCTURES

Nothing in this ordinance shall prevent such minor repairs on a non-conforming building existing on the date of enactment of this ordinance as may be reasonably necessary to secure advantageous use thereof during its natural life, provided that no such repair shall result in change or enlargement of use.

 

SECTION 8.03C                 RECONSTRUCTION OF DAMAGED BUILDINGS

Non-conforming buildings and structures or buildings and structures used for non-conforming uses, may be restored if damaged by fire, explosion, storm, earthquake or similar uncontrollable causes. Such repair shall be completed and use resumed within twenty four consecutive months from the date of damage. Reconstruction shall conform to then-current zoning ordinance requirements, providing no undue hardship is created. This judgment shall be made by the zoning administrator.

 

SECTION 8.04                 TEMPORARY DWELLINGS

 

SECTION 8.04A                                      GENERAL LIMITATIONS

The location and occupancy of temporary dwellings (such as travel trailers, motor homes, tents, and similar portable facilities) shall be limited to licensed trailer courts and camping rounds, except that such facilities may be utilized for seasonal dwelling purposes without such limitations when located on private property as long as the following provisions are met:

In the R/1 residential district, temporary dwellings may not remain on the property for periods exceeding six months per calendar year. Owners of temporary dwellings are required to secure an occupancy permit from the zoning administrator each time said temporary dwelling is set in place and to notify the zoning administrator at each time the temporary dwelling is removed from the site.

Said temporary dwellings shall have an approved in ground septic system.

 

SECTION 8.04B                 USE DURING CONSTRUCTION OF A DWELLING

A property owner in any district is permitted to erect or move not more than one temporary dwelling, upon any premises which qualifies for a dwelling, and occupy the same for dwelling purposes during the actual construction of the dwelling thereon. Said units may remain on said property for a period not to exceed twelve consecutive months from the date of issuance of a certificate of compliance by the zoning administrator for such construction. One extension of up to twelve months may be granted in extenuating circumstances. Granting of a certificate of compliance shall be contingent upon compliance with the following conditions:

Said temporary dwelling shall have an approved chemical disposal or equivalent sanitary facility to be used for all waste including gray water.

In a space provided on a copy of the certificate of compliance retained for filing, the applicant shall affix his signature indicating he has full knowledge of the limitation of the certificate, including penalties that may be imposed in violation of the terms thereof. See Article XVI.

 

SECTION 8.05                 USES BY SPECIAL APPROVAL

Uses by special approval, where required, shall be subject to the provisions of the zoning district wherein located in addition to the provisions of this section, to prevent conflict with or impairment of the primary uses of the district. Each such use shall be considered an individual case.

 

SECTION 8.05A                                      SPECIFIC REQUIREMENTS

Written application shall be made through the office of the zoning administrator and shall include the following:

Name of applicant and owner of premises.

Legally recorded description of premises.

Description of proposed use, including parking facilities, if required, and any exceptional traffic situation that the use may occasion. Also, a copy of an approved driveway permit, if required.

Sketch drawn to scale showing the size of the building or structure and its location on premises.

Sewage and waste disposal and water supply facilities, existent or proposed for installation.

Use of premises on all adjacent properties.

A statement by applicant appraising the effect of the proposed use on adjacent properties and the general development of the neighborhood.

The zoning administrator shall file his recommendations with the Zoning and Planning Board. Upon receipt of an application, one notice that a request for special approval has been received shall be published in a newspaper which circulates in the township, and be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 5 nor more than 15 days before the date the application will be considered.

The notice shall:

describe the nature of the special approval requested,

indicate the property which is the subject of the request,

state when and where the request will be considered,

indicate when and where written comments will be received concerning the request, and

indicate that a public hearing on the request may be requested by any property owner or the occupant of any structure located within 300 feet of the boundary of the property being considered for special approval.

At the initiative of the Zoning and Planning Board, or upon the request of the applicant for special approval or a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for special approval, a public hearing with notification as required above shall be held before a decision is made on the special approval application. If the applicant or the Zoning and Planning Board requests a public hearing, only notification of the public hearing need be made. A decision on an application for special approval shall not be made unless notification of the request for special land use approval, or notification of a public hearing on a special land use request has been made as required by this section. The Zoning and Planning Board may deny, approve, or approve with conditions, a request for special approval. The decision shall be incorporated in a statement containing the conclusions relative to the special land use under consideration which specifies the basis for the decision, and any conditions imposed. In reaching its determination, the Board shall consider the following, among other matters:

whether the sewage disposal facilities and water supply will be safe and adequate.

whether the location, use and nature of the operation will be in conflict with the primary permitted uses of the district or neighborhood.

whether the use will be more objectionable to adjacent and nearby properties than the operation of the primary uses of the district, by reason of traffic, noise, vibration, dust, fumes, smoke, odor, fire hazard, flare, flashing lights, or disposal of waste or sewage.

whether the use will discourage or hinder the appropriate development and use of adjacent premises and the neighborhood.

whether the use will create a major traffic problem or hazard.

 

SECTION 8.06                 UNCLASSIFIED PROPERTY USES AND BUILDINGS

The Zoning and Planning Board shall have the power, on written request of a property owner, to classify a property use or building not specifically classified in any district. The reclassification shall be made giving due consideration to the purpose of this ordinance as expressed by Article I. When found not compatible with a permitted or prohibited use, such use may be permitted only by due amendment o the ordinance.

 

SECTION 8.07                 ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities (including railroads, municipal departments or commissions) of:

underground or overhead gas, electrical, communications, steam, or water distribution or transmission systems;

collection, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires cables;

fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishings of adequate services by such public utilities or municipal departments or commissions for the public health or safety and general welfare, shall be permitted as authorized and regulated by law and with the Zoning and Planning Board approval.

 

SECTION 8.08                 PUBLIC UTILITY BUILDING AND PUBLIC BUILDINGS

The Zoning and Planning Board may permit the erection and use in any district of a publicly owned building or a public utility building, if it finds such building use reasonably necessary for the public convenience and service.

 

SECTION 8.09                 REMOVAL OF SOIL, SAND, GRAVEL AND OTHER MATERIAL FROM ANY DISTRICT

All installations for the removal of soil, sand, gravel and other material shall be maintained in a neat orderly condition so as to prevent injury to any property, individual or the community in general.

All removal sites shall be rehabilitated as work progresses to prevent a visual public nuisance. All sites must be reclaimed and rehabilitated when removal work ceases so that the site is returned as nearly as possible to its original state, blending in with the surrounding area and not creating a health or safety hazard. To insure that this condition will be met, a bond to insure compliance shall be required by the Township Board in an amount deemed necessary to rehabilitate the site in the event of noncompliance with this ordinance.

 

SECTION 8.10                 MOBILE HOME PARKS (R/3)

 

A “mobile home park” means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

No district has as yet been zoned R/3 in Whitefish Township. Prospective sites for mobile home parks must be approved by the Zoning and Planning Board and must conform to all requirements of the Mobile Home Commission Act of 1987 of the State of Michigan.

In order to maintain the character of the area, mobile home parks:

shall not exceed one mobile home unit in each 7500 square feet of area;

shall have a front yard setback of not less than twenty feet and side – and rear-yard setbacks of not less than ten feet;

all provisions of Articles VII apply fully to mobile home parks;

shall meet state construction codes and shall have site approval by the Chippewa County Health Department for water, well and septic system hookup, and cannot be installed on site until such approval is secured and posted at the site;

shall maintain the natural character of the site to the fullest degree possible, i.e., removal of natural forest cover shall be minimized;

shall be planted to grass and shrubs in the event that no natural cover exists on site. Such plantings must meet with the approval of the zoning administrator subject to the approval of the Zoning and Planning Board.

 

Article VIIIA

PLANNED UNIT DEVELOPMENT

 

SECTION 8A.01             PURPOSE

This Article provides enabling authority and standards for the submission, review, and approval of applications to consider a Planned unit Development (PUD) in Whitefish Township. It is the intent of this Section to authorize the consideration and use of Planned Unit Development regulations for the following purposes:

To encourage the use of land in accordance with its character, features and adaptability.

To promote the conservation of natural features and fragile lands and the preservation of important community resources.

To encourage flexibility and innovation in land use and design to protect the rural character of the community and enhance the quality of life in the Township.

To promote the efficient use of land to facilitate a more appropriate arrangement of buildings, circulation systems, land use and utilities.

To promote and ensure greater compatibility of design and use between and among neighboring properties.

A Planned Unit Development must comply with this Article. The provisions of this Article are intended to result in land use and development substantially consistent with the underlying zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this Article to ensure appropriate, fair, and consistent decision-making. The Planned Unit Development provisions are not intended as a devise for ignoring the Zoning Ordinance or the planning upon which it has been based.

 

SECTION 8A.02                                      DEFINITION

A planned Unit Development (PUD) shall consist of an area of the Whitefish Township Preservation District to be planned, developed, operated, and maintained as a single entity and containing land uses configured as an integrated entity and carried out in conformance with an approval plan.

 

SECTION 8A.03                                      QUALIFYING CONDITIONS

1.                    In order to be eligible for PUD rezoning, the proposed area shall consist of a minimum of two and one half (2 ½) acres.

2.                    A PUD may be permitted as a Special Approval Use as authorized in the Whitefish Township Preservation District.

3.                    The applicant must demonstrate that the PUD will result in a recognizable and substantial benefit to the ultimate users and occupants of the project and to the community, where such benefit would otherwise be unfeasible or unlikely. Such benefit may include, but shall not be limited to, the preservation of important natural features, wildlife areas, the provision of open lands, and/or innovation in design and project configuration.

 

SECTION 8A.04                                      DEVELOPMENT REQUIREMENTS

1.                    In General.                      The Township shall evaluate each application for PUD in accord with the approval Standards set forth in Section 8A.06 (5).

2.                    Uses Permitted.                                   The uses permitted in the PUD shall be those specified in the underlying zoning district or in the case of Whitefish Point those specified in the Human Use/Natural Management Plan for Whitefish Point dated December 6, 2002 or as approved by the Township.

3.                    Landscaping and Grading.                                     In order to keep all graded areas and cuts to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the property as far as possible while enabling defined improvements, specific requirements may be placed on the size of areas to be graded or to be used for building and on the extent of removal of trees and natural features. All areas indicated as natural open space shall be undisturbed by grading, excavation or structures to the greatest extent possible. Where drainage improvements, utility lines, hiking or bicycle paths or similar recreational improvements are to be placed in natural areas, best engineering and design practices shall be used to make such improvements as unobtrusive as practicable. The PUD Concept and Final Development Plan shall include provision for the retention of existing landscape features and for the installation of appropriate new plantings of varying species, dimensions and design.

 

SECTION 8A.05                                      APPLICABLE REGULATIONS

1.                    Consistent with the Planned Unit Development concept, and to encourage flexibility and creativity in development, departures from the recognized planning practices may be granted at the recommendation of the Planning Commission and upon the approval of the Township Board as part of the approval of a Planned Unit Development. Such departures may be authorized if there are features or planning mechanisms incorporate into the project, which would achieve the objectives of the Whitefish Township or in the case of Whitefish Point, the overall Management Plan of Whitefish Point.

2.                    The stages or phases of any PUD development shall be so structured and scheduled that, if later stages or phases of the development are not implemented, the initial stage(s) shall be consistent with the provisions of this Section and shall not detract from the feasibility of developing the remaining portion of the subject PUD area in an appropriate and desirable manner.

3.                    The proposed location and arrangement of structures shall not have a detrimental effect on existing uses in the vicinity of the proposed PUD. Open space shall be used as a transitional device to buffer surrounding uses, as appropriate.

An important aspect of any PUD shall be the integration of land uses and design techniques to create a coherent, attractive and well-defined environment. All Planned Unit Development proposals shall include comprehensive design principals and specific and construction standards to achieve this result. These standards shall include, but not be limited to:

Landscaping, signage and lighting requirement,

Exterior construction style, materials and color schemes,

Building massing and orientation standards,

Pedestrian and vehicular traffic circulation standards, and

Phasing requirements to achieve a unified environment at every phase.

 

SECTION 8A.06              APPLICATION AND PROCESSING PROCEDURES

1.                    In General.                      The procedure for application, review and approval of a PUD shall be a two-part process. The first part shall be application and approval of a Preliminary Concept Plan, which shall require a public hearing and approval of the PUD as a Special Approval Use. Such action shall confer upon the applicant concept approval for one (1) year to complete the remainder of the PUD process. The second part of the review and approval process shall be the application for approval of a Final Development Plan for the entire project or for any one or more phases of the project. Final Development Plan approval shall require the grant of site plan approval by the Township Board upon recommendation by the Planning Commission.

2.                    Pre-application Conference.                               Prior to the submission of an application for Planned Unit Development, the applicant shall meet with the Zoning Administrator, and/or such others as deemed appropriate. The applicant shall present at such conference, or conferences, a sketch plan of the Planned Unit Development, and the following information:

a.                    A legal description of the property in question;

b.                    The total number of acres to be included in the project;

c.                    A site analysis indication all know natural resources and natural features and the most appropriate areas for development.

d.                    A statement of the proposed uses and square footage of proposed buildings;

e.                    The approximate number of acres to be occupied and/or devoted to or by each type of use;

f.                     The number of acres to be preserved as open space or recreation space; and

g.                    An outline of the proposed PUD design principals and the benefits that are expected to result from the adoption of the PUD provisions pertaining to the subject site.

Based on the pre-application conference, the Zoning Administrator shall provide the applicant with guidance as to the materials to be included in the preliminary concept plan as set forth in sub-paragraph 3 of this section.

3.                    Preliminary Concept Plan.           Following the above conference of conferences, twelve (12) copies of a Preliminary Concept Plan and application for a Planned Unit Development shall be submitted. The submission shall be made to the Zoning Administrator who shall forward it to the Planning Commission for consideration at a regular or special meeting. The plan shall be prepared by a Licensed Professional Engineer, Community Planner or Architect and shall be accompanied by an application form and fee as determined by the Township Board. The Preliminary Concept Plan shall contain the following information unless specifically waived by the Zoning Administrator:

a.                    Date, north arrow, and scale which shall not be more than

1” = 100’.

b.                    Location sketch of site in relation to surrounding area.

c.                    A site analysis indicating all known natural resources and natural features and the most appropriate areas for development.

d.                    Legal description of property including common street address.

e.                    Size of parcel.

f.                     All lot or property lines with dimensions.

g.                    General location of all buildings within one hundred (100) feet of the property lines.

h.                    General location and size of all existing structures on the site.

i.                     General location and size of all proposed structures on the site.

j.                     General location and dimensions of all existing proposed streets, driveways, parking areas, including total number of spaces and typical dimensions.

k.                    General size and location of all areas devoted to open space.

l.                     Location and description of existing vegetation and general location and size of proposed landscaped areas and buffer strips.

m.                  All areas within the 100-years floodplain, wetland areas or bodies of water.

n.                    Existing topographical contours at a minimum of five (5) foot intervals.

o.                    An illustration for any project phases or stages.

p.                    The size and location of water, sanitary sewer and storm water utilities.

q.                    Elevation renderings of key elements of the proposed project consistent with the design principals and standards of the project.

r.                     A narrative describing:

1)                    The nature and concept of the project including a detailed description of the design principals and standards to be achieved within the project.

2)                    A statement describing how the proposed project meets the objectives of the PUD including the benefits that are expected to result from the adoption of the PUD provisions pertaining to the subject site.

 

4.                    Public Hearing.             Prior to setting the public hearing, the applicant shall submit all required and requested information to the Township. Once complete, the Zoning Administrator shall transmit the complete application t the Planning Commission and schedule the Public Hearing before the Planning Commission and shall provide for the proper notices of such hearing as required by this Zoning Ordinance.

 

5.                    Standards for PUD Approval.       Following the public hearing, the Planning Commission shall make a recommendation to approve, deny or approve with conditions to the Township Board based on their consideration on the intent of the proposed PUD and the following standards:

 

Approval of the Planned Unit Development will result in a recognizable and substantial benefit to the ultimate users of the project and to the community where such benefit would otherwise be unfeasible or unlikely to be achieved.

b.                    The proposed development shall be compatible with the December 6, 2002 Management Plan for Whitefish Point, as applicable, or as approved by the Township.

 

c.                    The Planned Unit Development shall not materially change the essential character of the surrounding area.

 

d.                    The proposed phasing plan is feasible and each of the proposed phases shall be capable of standing on its own and in conjunction with previously constructed phases in terms of the provision of all required services, facilities, open space and amenities to insure the protection of natural resources and the health, safety and welfare of the users of the PUD and surround residents.

 

6.                    Township Board Approval.            Upon receipt of the recommendation of the Planning Commission, the Township Board shall approve, deny or approve with conditions the application for a Planned Unit Development. Alternatively, the Township Board may remand the application to the Planning Commission for further study and recommendation.

 

 

 

7.                    Reapplication and Rehearing. A reapplication or rehearing concerning a Planned Unit Development shall not be heard for a period of one (1) year unless a substantial change has been made to the original application.

 

SECTION 8A.07              EFFECT OF APPROVAL

 

The Planned Unit Development including the Preliminary Concept Plan as approved, the incorporated narrative and all conditions imposed, if any, shall constitute the land use authorization for the property. Such authorization shall remain in effect for a period of one (1) year unless the Township Board upon the recommendation of the Planning Commission grants a longer period. All uses not specifically identified in the Preliminary Concept Plan are disallowed and not permitted on the property. All improvements and uses shall be in conformity with this approval. During the period of effectiveness of the Preliminary Concept Plan, the applicant shall be permitted to submit one (or more if the Project is to be proposed in phases) site plan applications seeking Final Development Plan approval pursuant to Section 8A.08 of this Article.

 

In the event that an application for a Final Development Plan is not submitted within the time limits set forth in the approved Preliminary Concept Plan and any extensions thereof that may be permitted and approved, the approval granted under this Article shall expire.

 

The applicant shall record an affidavit with the Chippewa County Register of Deeds, which shall contain the following:

1.                    Date of approval of the PUD by the Township Board

2.                    Legal Description of the property

3.                    Legal Description of the required open space along with a    plan stating how this open space is to be maintained.

4.                    A statement that the property shall be developed in accordance with the approved PUD final Site Plan and any conditions imposed by the Township Board unless an amendment thereto is duly approved by the Township upon the request and/or approval of the applicant or applicant’s transferee’s and/or assigns.

 

SECTION 8A.08                                      FINAL DEVELOPMENT PLAN

 

After receiving the approval of the PUD and Preliminary Concept Plan, the applicant shall submit a Final Development Plan for review and approval by the Township Board upon recommendation by the Planning Commission prior to starting any construction. The Planning Commission and applicant shall develop the terms and conditions of a development agreement utilizing the items listed below. All uses not specifically identified in the Final Development Plan are disallowed and not permitted on the property. The Final Development Plan shall contain the same information required for the Preliminary Concept Plan, any additional information required by the Planning Commission in its review of the Preliminary Concept Plan and the following information:

 

a.                    A written statement which describes the characteristics of the development. The project description shall describe the intended use, hours of operation, the gross and useable floor areas in square feet, and the number of employees per shift.

 

b.                    Location of natural features such as, but not limited to, wood lots, streams, floodplains, county drains, lakes, ponds, and existing topography at ten (10) foot intervals within one hundred (100) feet of the site.

 

c.                    Location and dimensions of existing structures within one hundred (100) feet of the site including notation as to which on-site structures will be retained and which will be removed or altered.

 

d.                    Location and dimensions of proposed structures, including building elevations and floor plans.

 

e.                    Location and dimensions of existing public right-of-ways (including paving material), private roads, or access easements of record.

 

f.                     Location and dimensions of proposed rights-of-way, driveways, parking spaces, maneuvering lanes, loading areas, and sidewalks. Proposed traffic control measures and proposed street names shall also be indicated.

 

g.                    Location of existing and proposed utilities, water mains, well, fire hydrants, sewers, septic fields, storm drains, as well as any easements that exist or are proposed to be established for the installation, repair, or maintenance of utilities.

 

h.                    Location and dimension of exterior drains, dry wells, catch basins, retention and/or detention areas, sumps, and other facilities designed to collect, store, or transport storm water or waste water as well as point of discharge.

 

i.                     Proposed location of signs, trash receptacles, light fixtures, and any other accessory structures and uses.

 

j.                     Typical straight cross-sections including slope, height, and width of any berms and type of ground cover, and height and type of construction of any wall or fence, including footings.

 

k.                    Locations, spacing, types and size of proposed plant materials.

 

l.                     Location and specifications for any existing or proposed storage of any chemicals, salts, flammable or hazardous materials as well as any required containment structures or clear zones.

 

SECTION 8A.09                                      STANDARDS FOR PUD FINAL DEVELOPMENT PLAN APPROVAL

 

The Planning Commission shall either recommend approval, denial, or approval with conditions of the Final Development Plan to the Township Board. In making its recommendation, the Planning Commission shall find that the Final Site Plan for the PUD meets the intent of the PUD and the following standards:

 

1.                    The Standards for approval of a PUD set forth in Section 8A.06, 5.

 

2.                    Ingress and egress to the property and proposed structures, with particular reference to motor vehicle and pedestrian safety and convenience, traffic flow and control and access in cases of fire, catastrophe, or emergency.

 

3.                    Off-street parking and loading areas where required, with particular attention to noise, glare, and odor effects of each use in the plan on adjoining properties and properties in the proposed development.

 

4.                    Sewer, water, and storm drainage with reference to locations, availability, and compatibility.

 

5.                    Screening and buffering with reference to type, dimensions, and character.

 

6.                    Signs, if any, and their proposed lighting relative to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties.

 

SECTION 8A.10                                      CONDITIONS

1.                    In approving a PUD Final Development Plan, the Township Board may impose reasonable conditions which include but are not limited to conditions necessary to: ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; protect the natural environment and conserve natural resources and energy; ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

 

2.                    The conditions imposed with respect to the approval of a PUD Final Development Plan shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Township Board and the landowner. The Township Clerk shall maintain a record of all conditions and changes to conditions. The Final Development Plan, as approved, shall act as a restriction upon the development. The development must conform to the Final Development Plan and no Land Use or Building Permit shall be issued for any improvements that are not in compliance with said Plan.

 

 

SECTION 8A.11                                      PERFORMANCE GUARANTEE

 

The Township Board may require the posting of a cash bond, performance bond, irrevocable letter of credit or another form of performance guarantee satisfactory to the Township to assure the completion of the proposed Planned Unit Development.

 

SECTION 8A.12                                      COMMENCEMENT OF CONSTRUCTION

 

Construction of a PUD must be started within one (1) year from the effective date of the Final Site Plan approval. This time limit may be extended one (1) year upon application to the Township Board if it is demonstrated that substantial progress is being made in completing plans and securing financing. In the case of a multiple-phase PUD, beginning construction of a phase shall satisfy the requirements of this paragraph even though the total PUD may be a number of years from completion. Provided, however, that consecutive phases must be started within the later of one (1) year of: The schedule set forth in the approved Preliminary Concept Plan, or completion of the previous phase. This time limit may be extended by the Township Board annually for a cumulative total of four (4) years, if it is determined by the Township Board that conditions beyond the applicant’s control have caused the need for the extension, and, taking into consideration any changed facts or circumstances. In the event that construction has not commenced within these time limits and any extensions thereof that may be permitted and approved, the approval granted under this Article shall expire. For the purposes of this paragraph, completion of a phase shall be the date all structures intended for occupancy have been approved for occupancy. Where a PUD project is proposed for construction phases, the planning and construction of each phase, in conjunction with any previously completed phases shall be capable of standing on its own in terms of the provision of all required services, facilities, open space and amenities to insure the protection of natural resources and the health, safety and welfare of the users of the PUD and surrounding residents if any.

 

SECTION 8A.13                                      MODIFICATION OF A PUD

 

Minor changes to a PUD Final Development Plan may be approved by mutual agreement of the applicant or successors in interest and the Township Board, provided the changes comply with all applicable requirements of this Zoning Ordinance and all other Township regulations, Federal or State law. Minor changes include:

 

1.                    All matters that were approved by the Township Board in the Final Site Plan that were not part of the Preliminary Concept Plan.

 

2.                    The relocation of structures, roads, planting areas, parking areas, signs, lighting, and driveways provided that all such improvements remain in the same general location as approved in the preliminary Concept Plan, as determined by the Township Board, and

 

3.                    Adjustments to building size that do not exceed five thousand (5,000) square feet or five (5) percent of the gross floor area, whichever is smaller.

 

A major change to an approved PUD shall comply with the original approval procedures for a PUD. Major changes include but are not limited to increase in the number of buildings, increase in land area or building size, except as noted above or changes in, or the addition of other uses not authorized by the original PUD approval.

 

 

 

SECTION 5                         AMENDMENT TO  TABLE I

Table I of the Zoning  Ordinance of Whitefish Township is hereby amended as set forth in Appendix 1, attached hereto and fully incorporated within this Ordinance.

 

SECTION 6                         VALIDITY AND SEVERABILITY

Should any portion of this Ordinance be found invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this Ordinance.

 

SECTION 7                         REPEALER CLAUSE

Any ordinances or parts of ordinances in conflict herewith are hereby repealed only to extent necessary to give this Ordinance full force and effect.

 

SECTION 8                         EFFECTIVE DATE

This Ordinance shall be effective seven days after publication.

 

ARTICLE IX

ADMINISTRATION

 

SECTION 9.01                 ZONING ADMINISTRATOR

The provisions of this ordinance shall be administered by a zoning administrator, who shall be appointed by the Township Board for such term and subject to such conditions as the Township Board deems desirable to carry out the provisions of the ordinance. The zoning administrator shall hold office at the pleasure of the Board and receive compensation as determined by the Board.

The zoning administrator shall be empowered to initiate actions in enforcement of this ordinance as complainant. He or she shall prepare and file an annual report with the Township Board on the operation of the zoning ordinance including recommendations as to the enactment of any amendments or supplements thereto as per statute.

 

SECTION 9.02                 BUILDING AND LAND-USE PERMITS

Except as otherwise provided, no dwelling or building subject to the provisions of this ordinance shall be erected, altered, enlarged, reconstructed or moved upon any land, lot or premises until a permit therefore has been issued by the zoning administrator in conformity with the provisions of this ordinance. Such permit shall be non-transferable and must be granted before any work or excavation, construction, alteration, reconstruction, enlargement or movement is begun.

All applications for permits shall be submitted to the zoning administer not less than ten days prior to the time erection, alteration, enlargement, reconstruction or movement of a dwelling or building is intended to begin. Such application shall be accompanied by a drawing showing the location and actual dimensions of the land to which the permit is to apply, the kind of building to be erected, the width of all abutting streets, highways, easements and public open spaces; the area, size and location of all dwellings or buildings erected, altered or moved upon the premises; and the front yard dimensions for the nearest building on both sides of the proposed dwelling or building.

The application shall also show the location, dimensions and description of the water supply and sewage disposal facilities to be constructed (such as septic tanks and disposal fields or any other facility used in the disposition of human or animal excreta, sink and /or laundry wastes); the location of existing wells on the premises adjoining the premises to be built upon; and the location of existing sewage disposal facilities on such adjoining premises.

Nothing in this section shall be construed as to prohibit the owner or his agent from preparing his own drawings, plans and specifications, provided the same are clear and legible. For each such zoning permit issued, a fee set by the Township Board shall be paid to the treasurer who shall place the same in a separate fund to known as the Zoning Ordinance Fund, which fund shall be used for the administration of this ordinance only, as directed by the Township Board. No permit shall be valid until the required fee has been paid.

Within ten days after the receipt of the application, the zoning administrator shall issue a zoning permit to the owner, or his duly authorized agent, provided the dwelling or building and the land and uses thereof as set forth in the application are in conformity with the provisions of this ordinance, and when such permit is refused, he shall state such refusal in writing with cause. The zoning administrator shall file one copy of the application with proper notations thereon, or attach thereto, relative to his approval or disapproval including the date thereof, as a record.

Accessory buildings or structures, when erected at the same time as the principal building on a lot and shown on the application, shall not require a separate zoning permit. Accessory buildings or structures of one hundred and forty-four square feet or less are permitted without securing a zoning permit or land use permit provided that all yard and building requirements are met.

The zoning administrator shall have the power to revoke or cancel any zoning permit in case of failure or neglect to comply with any of the provisions of this ordinance or in case of any false statement or misrepresentation made in the application. The owner or his duly authorized agent shall be notified of revocation or cancellation in writing by certified mail.

In applicable cases permits shall have been granted by the Chippewa County Health Department for all required sanitary permits prior to the issuance of a permit under this section.

If an individual property or several adjacent properties are proposed for rezoning, the Zoning and Planning Board shall give a notice of the proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single and 2-family dwellings within 300 feet. If the notice is delivered by mail, an affidavit of mailing shall be filed with the Zoning and Planning Board before the hearing. The notice shall be made not less than 8 days before the hearing stating the time, place, date, and purpose of the hearing.

 

SECTION 9.3                    FEES

Fees, set by the Township Board and available from the Town Clerk, will cover costs associated with placing required notices in local newspapers and calling special meetings of the Zoning and Planning Board for the purpose of hearings or consideration of uses by special approval.

 

Article X

Board of Zoning Appeals

 

SECTION 10.01                                      BOARD OF ZONING APPEALS

There is hereby created a Board of Zoning Appeals which shall perform its duties and exercise its powers as provided by Act 184 of Public Acts of 1943, as amended in such a way that the objectives of this ordinance shall be observed, public welfare and safety secured and substantial justice done.

 

SECTION 10.02                                      PERSONNEL OF BOARD OF ZONING APPEALS

As provided by said Act, the Board of Zoning Appeals shall consist of three members. The first member of such board shall be the chairman of the Township Zoning and Planning Board. The second member shall be a member of the Township Board appointed by the Township Board. The third member shall be selected and appointed by the Township Board from electors residing in the unincorporated area of the township, provided that no elected officer of the township nor any employee of the Board of Zoning Appeals may be members of the Board of Zoning Appeals. The Township Board may provide that the Board of Zoning Appeals shall have five members. The additional two members shall be selected and appointed by the Township Board from among the electors residing in the township, and shall not be employees of the Township Board. The member who is a member of the Township Board, appointed by the Township Board, shall not serve as chairman of the Board of Zoning Appeals. The total amount allowed any member of said Board of Zoning Appeals in any one year as per diem or as expenses actually incurred in the discharge of his duty shall not exceed actual expenses which sum shall be provided annually by the Township Board. The Township Board shall provide for the removal of any member for non-performance of duty or misconduct in office as provided by state statute concerning this situation should it arise.

 

SECTION 10.03                                      MEETINGS OF BOARD OF ZONING APPEALS

Meetings of the Board of Zoning Appeals shall be held at the call of the chairman and at such other times as the Board in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Zoning Appeals shall be open to the public. The Board shall maintain a record of its proceedings which shall be filed in the office of the township clerk and shall be a public record; notice of such meetings to be published five days in advance.

 

SECTION 10.04                                      JURISDICTION AND APPEALS

The Board of Zoning Appeals shall act upon all questions as they may arise in the administration of the zoning ordinance including the interpretation of the zoning maps, and may fix rules and regulations to govern its procedure. It shall hear and decide appeals from and review any order, requirements, decision or determination made by the Zoning and Planning Board, the Township Board, the township clerk or any administrative official charged with enforcement of this ordinance. It shall also hear and decide all matters referred to it, or upon which it is required to act under the provisions of this ordinance. The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse any order, official, or to effect any variation in this decision or determination of any such board or administrative official, or to decide in favor of the applicant any matter upon which they are required to pass or to effect any variation in this ordinance. Such appeal may be made by any person aggrieved or by an officer, department, board or bureau of Chippewa County or the State of Michigan. The grounds of every such determination shall be stated in writing.

Such appeal shall be taken within such time as shall be prescribed by the Board of Zoning Appeals by general rule, by the filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals of a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Zoning Appeals, all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeals shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or by the Circuit Court, on application on cause shown, after notice to the officer from whom the appeal is taken.

If not otherwise provided in this ordinance, all actions and procedures of the Board of Zoning Appeals shall operate under and conform to the State of Michigan statutes governing this board.

The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken, and may issue or direct the issuance of a permit. When there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, the Board of Zoning Appeals shall have the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done. The decision of such board shall not be final, and any person having an interest affected by any ordinance shall have the right to appeal to the Circuit Court on questions of law and fact.

As a condition for granting variances and permits for special exception uses the Board of Zoning Appeals is hereby granted the authority to prescribe reasonable conditions.

 

ARTICLE XI

TOWNSHIP PLANNING BOARD

The Township Planning Board shall function as provided by State of Michigan statutes.

 

ARTICLE XII

ENFORCEMENT

The provisions of this ordinance shall be enforced by the zoning administrator. On report of a violation the zoning administrator shall make a visit to the site of the alleged violation to ascertain all facts pertinent to the allegation. If the zoning administrator finds that a violation has occurred, he shall:

issue a verbal warning to the appropriate property owner(s);

if, within 30 days, the verbal warning is not acted upon to the satisfaction of the zoning administrator, he shall issue a written warning;

if, within a further 30 days, the written warning is not acted upon to the satisfaction of the zoning administrator, he shall issue an appearance ticket.

 

ARTICLE XV

PENALTIES

Any building or structure which is erected, constructed, reconstructed, altered, converted, maintained or  used, or any use of the land or premises which is begun, maintained or changed in violation of any provision of this ordinance are hereby declared to be a nuisance per se. Any person, firm or corporation or the agent in charge of such building or land who violates, omits, neglects or refuses to comply with, or resists the enforcement of any provisions of this ordinance, or any amendment thereof may be fined upon conviction not more than five hundred dollars, per day, per violation, together with the costs of prosecution, or may be punished by imprisonment in the county jail for not more than ninety days or both, such fine and imprisonment in the discretion of the Court. The Whitefish Township Board or the township clerk, the Board of Zoning Appeals, the prosecuting attorney of Chippewa County, or any owner or owners of real estate within the district in which such building, structure or land is situated may institute injunction, mandamus or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove any said unlawful erection, construction, alteration, reconstruction, maintenance or use. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.

 

ARTICLE XIII

VALIDITY

This ordinance and the various parts, sections, subsections, phrases and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this ordinance shall not be affected thereby. The Whitefish Township Board hereby declares that it would have passed this ordinance and each section, subsection, phrase, sentence and clause thereof irrespective of the fact that any one or more sections, subsections, phrases, sentences or clauses are declared invalid.

 

Article XIV

Amendments

Amendments or supplements to this ordinance may be made from time to time in the same manner provided in Act 184 of Public Acts of 1943, for the enactment of this ordinance in the first instance.

TABLE 1

ZONING DISTRICT                MINIMUM LOT       MINIMUM SETBACK   MINIMUM DWELLING      MAXIMUM

                                                AREA     WIDTH     FRONT   REAR   SIDE     DWELLING SIZE        PERMITTED LOT

                                                (SQ. FT.)(WIDTH)   (FEET)  (FEET) (FEET)       (SQ. FT.)                        OVERAGE %                  

 R/1 DWELLINGS                  "15,000"     100              30*        25        10                 576                                      25       

ACCESSORY BLD                                                         30*         25        10                                                            20       

R/2 DWELLINGS                    "15,000"    100              30*        25         10                 400                                     25       

ACCESSORY BLDG                                                       30*        25         10                                                            20       

R/3 DWELLINGS                     "7,500"      75               20***     10        10                 720                                   ****     

ACCESSORY BLDG                                                       20***     10        10                                                            10       

R/F DWELLINGS                     "15,000"   100              30*         25         10                400**                                 25       

ACCESSORY BLDG                                                       30*         25         10                                                           20       

PD USES                                     NA          NA              30*         25         10                 576                                    25       

C/1 & R/C DWELLINGS           "15,000"   100              30*         25        10                 576                                    25       

ALL OTHER BLDGS                                                     30*          25        10                                                          50       

I ALL BLDGS                           "15,000"   100              30*          25        10                                                          50       

                                                                                                                                                                                               

 #                      "EXTERNAL MEASUREMENTS REPRESENTING BUILDING ""FOOTPRINT"""     

*                      30 FEET FROM EDGE OF THE ROAD RIGHT- OF WAY

**                    NO SIZE RESTRICTIONS ON TRAVEL TRAILERS OR MOBILE HOMES

***                  ON STATE AND COUNTY ROADS SEE FOOTNOTE*

****                ONLY ONE MOBILE HOME OR DOUBLE-WIDE PER LOT REGARDLESS OF SIZE.