COLUMBIA TOWNSHIP ZONING ORDINANCE

H. Hospitals, Clinics, Sanitariums, Convalescent Homes, State Licensed Residential Care Facilities for More than 6 Persons and Similar Structures Designed for Human Care.

I. Manufacturing, Compounding, Processing, Packaging, Treating, Assembly and Bulk Storage of Certain Products.

J. Multiple Family Dwellings (three or more units)

K. Parks, Playgrounds and Recreational Areas

L. Petroleum Refining, Petroleum, Gas, and LP Gas Storage, Paving Materials and Roofing Materials

M. Race Tracks (Including Midget Auto, Karting, Horse, and Snow Mobile)

Attached Dwelling

Outdoor Storage Facilities

Warehouse and Mini-storage Facilities (indoor storage)

Seasonal Storage in Existing Barns

4.14 - Planned Unit Developments

Intent and Purpose

Planned Unit Development

Site eligibility

Combination of uses permitted

Density and open space requirements

Residential Density Bonuses

Pre-application Conference for Concept Review

Standards and Considerations

Ownership

Utilities

Permitted Residential Housing Types and Uses

Site Plan Review Standards

Facility Site Standards

Common Property which is Privately Owned

Public Easements on Common Property

Revisions after final approval

Public Hearing

Final Approval

4.15 - Condominium Subdivisions & Site Condominiums

Condominium Use Compliance

Change of Use

Review and Approval of Condominium Developments

Initial information

Information to be kept current

Site plans for new projects

Site plans for expandable or convertible projects

Master deed, restrictive covenants and "As-built" survey to be furnished

Monuments required

Compliance with federal, state and local laws

Floodplains

Temporary Occupancy

Single-family Detached Condominiums

Conformance to residential zoning

Conformance to engineering design standards

Private Roads

Final Documents to be Provided

4.16 - Private Roads

Definitions

Private Drives

Private Roads

Accessible

General Provisions

1. Building permit may be issued

2. Pre-existing private drives and roads

3. Expansion of pre-existing private drives and roads

4. Maintenance and Repair

Minimum Standards for Private Drives and Private Roads

1. Private road standards

2. Private drive standards

3. Design standards

D. Exceptions and Application

ARTICLE 5.0 – ADMINISTRATION

5.01 – Zoning Administrator

5.02 – Certificates of Approval

5.03 – Certificate of Compliance

ARTICLE 6.0 - BOARD OF APPEALS

6.01 – Board of Appeals: Establishment and Procedure

Establishment

Terms of Office

Quorum

Adoption of Rules

Minutes

6.02 – Board of Appeals: Powers and Duties

Reference to Public Act 110 of 2006

Powers: Concurring Vote of Majority; Standards for Decisions

6.03 – Duties of Zoning Administrator, Board of Appeals, Township Board, and Courts on Matters of Appeal

Jurisdiction of Zoning Board of Appeals

B. Limitations of Township Board Authority

ARTICLE 7.0 – DEFINITIONS

7.01 – Rules Applying to Text

7.02 – ‘A’

Accessory Use of Structure

Agricultural

Alteration, structural

Animal Unit

Automobile repair - major

Automobile repair – minor

Automobile wash establishment

7.03 – ‘B’

Basement

Bed & Breakfast Inn

Billboards & signs

Boarding, lodging & rooming house

Building

Building height

Building, Main or Principal

Building Inspector

Building Line

Building Permit

Building Setback

7.04 – ‘C’

Clinic

Condominium

Construction

Convalescent or Nursing Home

7.05 – ‘D’

Day Care Facility

Dwelling – Multiple Family

Dwelling – Single Family Attached

Dwelling – Single Family Detached

Dwelling – Two (2) Family

Dwelling – Underground

Dwelling or Dwelling Unit

7.06 – ‘E’

Efficiency Unit (Studio)

Essential Public Services

7.07 – ‘F’

Family

Farm

Floor Area

7.08 – ‘G’

Garage – Automotive Commercial

Garage – Private

Garage – Public

Grade

Greenbelt or Buffer Strip

7.09 – ‘H’

Hazardous Materials

Hobby Farm

Home Occupation

7.10 – ‘I’

Intensive Livestock Operation

7.11 – ‘J’

Junk

Junkyard

7.12 – ‘K’

Kennel

7.13 – ‘L’

Litter

Livestock

Loading Berth

Lot

Lot - Area

Lot – Corner

Lot – Coverage

Lot – Flag

Lot – Line

Lot Line - Front

Lot Line – Rear

Lot Line – Side

Lot of Record

Lot Width

7.14 – ‘M’

Mobile Home

Mobile Home Park

Mobile Home Subdivision

Modular

Motel, Hotel, or Motor Hotel

Motor Home

Motor Vehicle

7.15 – ‘N’

Non-Conforming Lot of Record (Substandard Lot)

Non-Conforming Structure

Non-Conforming Use

7.16 – ‘O’

Open Air Business

7.17 – ‘P’

Parking Area, Space or Lot

Pier

Planning Commission

Principal or Main Use

7.18 – ‘Q’

7.19 – ‘R’

Recreation Vehicles

Road Frontage

Road or Street – Private

Road or Street – Public

Roadside Market Stand

7.20 – ‘S’

Sanitary Landfill

Shopping Center

Site Plan Review and Approval

Special Use Permit

Street

Structure

Structural Changes or Alterations

Swimming Pool

7.21 – ‘T’

Temporary Building or Use

Townhouses

Township Board

Township Board of Appeals

Township

Trash

Trailer Coach Park Act

Travel Trailer

7.22 – ‘U’

Underground Home

7.23 – ‘V’

Variance

Vehicle

7.24 – ‘W’

7.25 – ‘X’

7.26 – ‘Y’

Yard – Required Side-Rear-Front

7.27 – ‘Z’

Zoning Act

Zoning Inspector

ARTICLE 8.0 - AMENDMENTS AND PUBLIC NOTICES

8.01 - Initiation of Amendments

8.02 – Procedure

Filing of Applications

Contents

Public Hearing

County Review

Township Board Review

Optional Public Hearing

Township Board Action

Adoption and Publication

8.03 – Public Notices

For Commission, Board and Zoning Board Meetings

Additional Public Notices

Notice of Hearing

8.04 - Conditional Rezoning

Intent

Application and Offer of Conditions

Planning Commission Review

Township Board Review

Approval

Compliance with Conditions

Time Period for Establishing Development or Use

Reversion of Zoning

Subsequent Rezoning of Land

Amendment of Conditions

Township Right to Rezone

Failure to Offer Conditions

ARTICLE 9.0 – PENALTIES

9.01 – Penalties

9.02 – Action

ARTICLE 10.0 – VALIDITY

ZONING ORDINANCE

COLUMBIA TOWNSHIP, VAN BUREN COUNTY, MICHIGAN

AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWNSHIP OF COLUMBIA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THE TOWNSHIP RURAL ZONING ACT OF 1943, AS AMENDED, AND PROVIDING FOR PENALTIES FOR VIOLATIONS HEREOF.

WHEREAS, Act 184, of the Public Acts of 1943, as amended, empowers the Township Board to enact a Zoning Ordinance and to provide for its administration, enforcement, and amendment; and

WHEREAS, the Township Board of Columbia Township deems it necessary for the purpose of promoting the public health, safety, morals, and general welfare, of the Township to enact such an Ordinance; and

WHEREAS, the Township Board, pursuant to the provisions of Act 168, of the Public Acts of 1959, as amended, has appointed a Planning Commission to study and recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein; and

WHEREAS, the Planning Commission has divided the Township of Columbia into districts, and has prepared regulations pertaining to such districts, in accordance with a basic plan, which is designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the public health and general welfare; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage disposal facilities, schools, parks, and other public improvements; and

WHEREAS, the Planning Commission has given reasonable consideration to the character of the districts and their peculiar suitability for particular uses with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Township; and

WHEREAS, the Planning Commission, in an effort to simplify interpretation of its Ordinance and update its Land Use Ordinance based upon a convenient development plan submitted in November 1982 by Leslie R. Cripps and Associates; and

WHEREAS, the Planning Commission has submitted its findings and recommendations to the Township Board;

"Editor’s Note: Public Act 184 of 1943, the Township Zoning Act has been rescinded by the legislature and in its place the legislature adopted Public Act 110 of 2006, the Michigan Zoning Enabling Act."

ARTICLE 1.0 – PURPOSE & GENERAL PROVISIONS

Section 1.01 - Purpose

The Zoning Districts established by this Ordinance and the regulations specified for each district have been developed according to the continuing formulation of a Comprehensive Master Plan for the physical development of Columbia Township as a part of Van Buren County. In their application and interpretation the provisions of this Ordinance will be considered minimum requirements adopted to promote the public safety, health, morals, and general welfare. Among other purposes, these provisions are designed to:

Conserve and protect lands, waters, and other natural resources for their most suitable purposes;

Maintain the rural character of the township;

Protect productive agricultural lands for agricultural use;

Reduce hazards to life and property from flooding, soil erosion, and air and water pollution;

Secure safety from fire and other dangers which result from unguided community development;

Avoid undue concentration of population by regulating and limiting the density of development and use of land;

Ensure compatibility among land uses;

Restrict the expansion and longevity of nonconforming uses and structures;

Lessen congestion on the public highways and streets;

Facilitate the economical provision of adequate streets and highways, educational and recreational facilities, sewage, drainage, and water supply systems while avoiding the installation of such utility services to illogical locations;

Enhance the social and economic stability of Columbia Township;

Provide opportunity for the use of land in a manner which permits a reasonable economic return;

Implement the goals and objectives of the Columbia Township Comprehensive (Master) Plan;

Coordinate development standards with those of adjoining communities;

Provide opportunity for the proper use of creative land development techniques, such as planned unit development; and,

Foster a quality of life consistent with the desires of the township.

Section 1.02 - Scope

This Ordinance does not intend to repeal, abrogate, annul, or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Ordinance, or with any private restrictions placed upon property by covenant, deed, or other private agreement unless contrary to the provisions hereto.

Section 1.03 - Control

Where this Ordinance imposes a greater restriction than is imposed or required by other rules, regulations, or private restrictions, the provisions of this Ordinance shall control.

Section 1.04 – Uses Not Listed

A land use that is not listed as either a permitted use or a special use shall be prohibited.

Section 1.05 – Official Zoning Map

A. For the purpose of this Ordinance all of the Columbia Township area of Van Buren County is hereby divided into five kinds of zoning districts to be known as District R1 (Residential), District R2 (Residential – Resort), District A (Agricultural), District C (Commercial), and District I (Industrial).

B. The description of unincorporated areas of Columbia Township as set in this Ordinance shall constitute the areas included in each zoning district.

C. The official zoning map shall be identified by the signature of the Township Supervisor attested by the Township Clerk, and shall bear the seal of the Township under the following words: "This is to certify that this is the official zoning map referred to in the Columbia Township Zoning Ordinance together with the effective date of the Ordinance.

D. If, in accordance with the provisions of this Ordinance, changes are made in zoning district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map within 10 days after the amendment has been approved the Township Board, with an entry on the official zoning map as follows: "On (date), by official action of the Township Board, the following change (s) was (were) made in the official zoning map: (brief description of change)," which entry shall be signed by the Township Supervisor and attested by the Township Clerk.

E. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance.

F. The location of zoning districts in Columbia Township shall be shown on a map entitled Zoning Map of Columbia Township. This map and all information and proper notations shown thereon are hereby made a part of this Ordinance. The zoning map shall be located in the office of the Township.

Section 1.06 – Replacement of Official Zoning Map

A. In the event that the official zoning map becomes damaged, destroyed, lost, or

difficult to interpret because of the nature or number of changes and additions, the Township Board may by resolution, adopt a new official zoning map that shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the Township Supervisor attested by the Township Clerk, and shall bear the seal of the Township under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Zoning Ordinance No. 87-1 of the Township of Columbia, Van Buren County, Michigan."

B. Unless the prior official zoning map has been lost or totally destroyed, the prior map,

or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

Section 1.07 – Interpretation of District Boundary Lines

Unless otherwise provided in the text as part of this Ordinance, the boundary lines of all zoning districts shall be interpreted as following along section lines or the customary divisions of section such as quarter and eighth lines; or the center line of highways, streets, and waterways; or the shoreline of water bodies; or the boundaries of unincorporated areas, recorded plats or subdivisions; or property lines of legal recordings on the date of enactment of this Ordinance, or any extension of said lines.

ARTICLE 2.0 – NONCONFORMING LOTS, STRUCTURES, AND USES REGULATIONS COVERING ALL DISTRICTS

Section 2.01 – Intent

If when there exists land, structures, and uses of land and structures which were lawfully established or constructed at the time of their establishment or construction, but which would be prohibited, regulated, or restricted under the terms of this Ordinance of future amendment thereto; it is the intent of this Ordinance to permit such lawful nonconformance’s to continue until they are removed but not to encourage their continuation, and such lawful non-conformances may be fully replaced on the same footprint unless the structure extends across a property line, easement or right-of-way line and the affected property cannot be purchased. In such cases the nonconforming structure may be replaced by a similar structure having a volume and footprint no greater than the original structure. It is further the intent of this Ordinance that lawful nonconformance’s are discouraged from enlargement, expansion or extension. Such non-conforming uses, however, may be continued, including the construction of dwellings on lots of record as in existence prior to the date of this Ordinance. In such cases, side set-backs shall be at least five (5) feet in width from the building line on each side of the lot if the lot is fifty (50) feet in width, with one foot additional width of side yard, on each side, being required for each additional ten (10) feet of lot width up to 100 feet wide lots.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction has lawfully begun prior to the effective date of addition or amendment of this Ordinance, and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

Section 2.02 – Uses of Non-conforming Land, Buildings and Structures

At the discretion of the owner, the lawful use of any building, structure or premises existing prior to the effective date of this Ordinance may be continued, although the use does not conform to the provisions of this Ordinance, and such use may be extended throughout said building and premises.

Whenever the non-conforming use of any building, structure, land or premises or part thereof is discontinued through vacancy, lack of operations or otherwise for a continuous period of twelve (12) months, then any further use shall cease unless said building, structure, land or premises shall conform, in its entirety, to the provisions of this Ordinance, provided, however, that the Board of Appeals upon reasonable grounds, may upon application within six (6) months of the termination of said period, permit the resumption of such non-conformed use.

Section 2.03 – Reconstruction of Damaged Non-Conforming Buildings and Structures

A. Except for structures within a flood hazard area (see 2.06), nothing in this Ordinance shall prevent the reconstruction, repair or restoration and the continued use of any non-conforming building or structure damaged by fire, collapse, explosion, act of God, or acts of the public enemy, subsequent to the effective date of this Ordinance, if such reconstruction or restoration is undertaken within one (1) year and diligently prosecuted to completion; provided, that said use be identical with non-conforming use permitted in effect at the time of said damage, and provided, further that such reconstruction may maintain the previously existing footprint unless there is encroachment upon and adjacent parcel, easement or right-of-way. If there was encroachment then the replacement structure shall conform to highway setback and yard requirements of the district wherever physically practical.

Section 2.04 – Repair, Alteration and Completion of Non-Conforming Buildings

A. Nothing in this Ordinance shall prevent the expansion, repair, reinforcement, improvement, replacement or rehabilitation of a non-conforming building, structure or part thereof existing at the effective date of this Ordinance that may be necessary to secure or insure the non-conforming use of the building, premises, or structure provided no additional nonconformance’s are created.

B. No basement, cellar, garage, or any incompletely constructed structure in use as a dwelling on the effective date of this Ordinance shall be used as a dwelling fore more than two (2) years following said date. The Board of Appeals may upon conditions and proofs it feels are just, grant a one (1) year extension.

C. Unless otherwise provided in the text as part of this Ordinance, the boundary lines of all zoning districts shall be interpreted as following along section lines or the customary divisions of section such as quarter and eighth lines; or the center line of highways, streets, and waterways; or the shoreline of water bodies; or the boundaries of unincorporated areas, recorded plats or subdivisions; or property lines of legal recordings on the date of enactment of this Ordinance, or any extension of said lines.

C. Limitations on all dwellings.

Beyond the exceptions listed above, Aall repairs, alterations or additions to non-conforming dwellings shall conform to Section 4.10 of this Zoning Ordinance and the Michigan Building Code, as amended.

Section 2.05 - Nonconforming lots of record.

The construction of dwellings on lots of record in existence prior to the date of this Ordinance is permitted so long as the property has not come into common ownership with an adjacent parcel. In such cases, except as otherwise provided in Section 3.03, side set-backs shall be at least five (5) feet in width from the building line on each side of the lot if the lot is fifty (50) feet in width, with one foot additional width of side yard, on each side, being required for each additional ten (10) feet of lot width up to 100 feet wide lots.

Section 2.06 - Structures within a Flood Hazard Area.

For all structures within a Flood Hazard Area, any repair, reconstruction or improvement of such structure, the cost of which equals or exceeds 50% of the assessor’s valuation of the structure, and all additions to the structure shall comply with the following standards:

A. All new construction, replacement, additions or improvements of residential structures shall have the lowest floor, including basement, elevated to at least one (1) foot above base flood level.

B. All new construction, replacement, additions or improvements to non-residential structures shall have either:

1. The lowest floor, including basement, elevated to at least one (1) foot above base flood elevation, or

2. Be constructed such that, below the base flood level, together with utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and the structural component having the capability of resisting hydrostatic and hydrodynamic loads in full compliance with the Michigan Building Code.

ARTICLE 3.0 – SCHEDULE OF DISTRICT REGULATIONS

Section 3.01 District R1 (Residential)

A. Intent:

To establish and preserve single-family home districts as desired by substantial numbers of residents, which are free from other uses except those which are both compatible with and for the convenience of the residents of such districts; to maintain the character and integrity of existing residential areas which are comprised predominantly of conventionally-built single-family dwellings; and to provide protection against contamination of soil and surface and ground water by effluent from septic tank sewage disposal systems by requiring adequately large lot sizes in areas not serviced by public sanitary sewer systems.

No land shall be used hereafter, and no buildings or structure erected or moved upon any premises and used for other than one or more of the following uses, except as otherwise provided in this Ordinance.

B. Area and Dimensional Regulations

1. Minimum Lot Area and Frontage Width: 12,000 square feet lot area; 100 feet frontage width, except as permitted in 4.02.

2. Minimum Yard Dimensions: Must meet the requirements of Sections 4.02 and 4.03 or 2.05.

3. Maximum Building Height: Two and one-half (2-1/2) stories or thirty-five (35) feet.

C. Principal permitted uses:

1. Detached conventionally built single-family dwellings.

2. Detached pre-manufactured modular single-family dwellings that meet or exceed the requirements and specifications of the rules of the Michigan Construction Code Commission promulgated pursuant to Section 6 of the State Construction Code Act (Act 230, of the Public Acts of 1972, as amended.).

Single-family dwellings of conventional or manufactured construction, in accordance with Section 4.10.

State licensed residential foster care facilities housing six (6) or less persons.

State licensed childcare centers providing care for six (6) or fewer children.

D. Permitted accessory uses;

3. One accessory building-maximum size 32’x 40’ and one and one-half stories.

4. Home occupations, Type I. including but not limited to, daycare, beauty shops, handicrafts, such as dressmaking, millinery or watch repairing, and professional occupations such as the office of a physician, dentist, lawyer, or accountant. There shall be no external evidence of such occupation except a name plate not exceeding four (4) square feet in area, and further that the use or occupations shall not require or effect any change in the external character of the dwelling. No more than one (1) full or part time employee, other than family occupants, may be employed in a home occupation in this zone.

3. One (1) storage shed or carport with less than 200 square feet, a maximum of

one and one-half stories (25 feet) and which meets all setback requirements.

E. Uses Permitted by Special Use Permit:

The following uses shall be allowed when determined to be in conformance with the provisions of Section 3.06 and 5.03: 4.11, 4.12 and 4.13:

1. Churches, schools, libraries, and publicly owned buildings.

2. Hospitals, clinics, sanitariums, convalescent homes, and similar structures

designed for human care.

5. Public utility buildings.

6. Community country clubs, fraternal lodges and similar civic or social organizations when not operated for profit.

7. Land for parks, playgrounds, public and private swimming pools, and similar facilities for outdoor exercise and recreation when not operated for profit.

8. Accessory buildings, structures and uses customary and incidental to any of the above permitted special uses, such uses shall include temporary signs.

9. "Reserved".

Section 3.02 – District R2 (Residential – Resort)

A. Intent:

To provide for the establishment and preservation of higher density, varied use types of housing including resort-related residences and enterprises in areas conducive to such use.

No land shall be used hereafter, and no building or structure erected upon any premises and used for other than one or more of the following uses, except as otherwise provided in this Ordinance.

B. Area and Dimensional Regulations

Minimum Lot Area and Frontage Width: For two (2) family dwellings; 12,000 square foot area for each dwelling unit; 100 feet frontage width, except as permitted in 4.02.

1. Minimum Yard Dimensions: Must meet the requirements of Sections 4.02 and Table 4.03 or 2.05.

2. Maximum Building Height: Two and one-half (2-1/2) stories; thirty-five (35) feet.

C. Principal permitted uses:

1. Same as R1 – subject to regulations of that district.

2. Two-family dwelling

1. Single-family and two-family dwellings of conventional or manufactured construction, in accordance with Section 4.10.

2. State licensed residential foster care facilities housing six (6) or less persons.

3. State licensed child-care centers providing care for six (6) or fewer children.

D. Permitted accessory uses:

1. Same as R1 – subject to regulations of that district.

2. One accessory building-maximum size 32’x 40’ and one and one-half stories.

3. Home occupations, Type I.

4. One (1) storage shed or carport with less than 200 square feet, a maximum of

one and one-half stories (25 feet) and which meets all setback requirements.

F. Uses Permitted by Special Use Permit:

The following uses shall be allowed when determined to be in conformance with provisions of Sections 3.06 and 5.03 4.11, 4.12 and 4.13:

1. Churches, schools, libraries and publicly owned buildings.

2. Public utility buildings.

3. Land for parks, playgrounds, public and private swimming pools, and similar facilities for outdoor exercise and recreation when not operated for profit.

4. Accessory buildings, structures and uses customary and incidental to any of the above permitted special uses; such uses shall include temporary signs.

5. Multiple family dwellings.

6. "Reserved".

7. An accessory building on a vacant lot

Section 3.03. – District RO (Residential – Old Plats)

A. Intent.

The purpose of this district is to provide reasonable regulations for the development of single lots in subdivisions platted before 1967 where such lots have less than 8,720 square feet of total area and/or are less than 50 feet wide.

B. Area and Dimensional Regulations.

In order to qualify for building permits each lot must obtain well and septic permits from the Van Buren County Health Department. Lots in whole or in part within a Special Flood Hazard Area as defined on a Flood Insurance Rate Map (FIRM) are specifically excluded from this section and may only be developed under the rules for the R1 Residential District subject to the restrictions of the state building code and Article 2.0.

1. Lot area and width: Minimum lot area shall be 12,000 square feet and the minimum lot width shall be 100 feet; except as provided for in Section 2.05 for legal pre-existing nonconforming lots of record.

2. Lot coverage: a minimum of 400 square feet for two (2) off-street parking spaces each measuring 10 feet by 20 feet and having direct access to a street or road is required for each dwelling or principal use and shall remain unobstructed by buildings, decks, patios, fences, trees or vegetation. There shall also be a space on the parcel for a sanitary septic field meeting all the requirements of the public health code.

Yard and setback requirements: Below are exceptions to 4.03 and 2.05.

Front yard: 20 feet from the right-of-way line. Exception: where a yard abuts a county road the front yard setback shall be in conformance with Section 4.03.

Side yard: 3 feet minimum with a total of 10 for both side yards. If an existing side yard is less than 3 feet or if there is a structure on an adjacent lot that will be within six (6) feet of the proposed structure or addition, then the structure shall have the side-wall constructed to meet or exceed the building code.

Corner lots:

Where a single lot is less than 50 feet wide and has a side yard

which abuts a road right-of-way, no structure of any kind shall

encroach upon an equilateral triangle measuring 20 feet along

each street front from the street corner. Where one of the roads is a

county road the required setback from the county road shall be in

conformance with Section 4.03.

Rear yard (except lake front): 10 feet, except where the rear yard abuts a side/back street or alley, in which case, if a 20-foot setback is not provided on the front of the property then a 20-foot setback shall be provided at the rear of the property.

On a corner lot the rear yard is the yard opposite the street that fronts on the narrowest yard.

Lake front yard:

i. Principal structures and all dwelling structures shall not extend closer to the lake than existing structures of the same type on adjacent lots or lots within 200 feet on either side. If there are no occupied lots within 200 feet then the setback shall be 25 feet from the normal high water level or established flood hazard elevation.

ii. Accessory structures shall not extend closer to the lake than existing accessory structures on adjacent lots within 200 feet on either side. If there are no similar structures on adjacent lots within 200 feet then the setback shall be the same as for a dwelling except that structures less than 200 square feet in area may be located at least 5 feet from the normal high water level. If the lot is bisected by a street between the dwelling and the lake, then an accessory structure less than 200 square feet in area shall be at least 5 feet from the normal high water level and at least 20 feet from the street right-of-way line. This provision is provided as an exception to the requirements of Section 4.03.

Height limitations: Thirty-five (35) feet, for all principal structures; a maximum of twenty-five (25) feet for all accessory structures, except accessory structures smaller than 200 square feet within a lake front yard shall not exceed 8 feet in height from the existing grade to the peak.(Sec.4.03)

C. Principal Permitted Uses.

1. Single-family dwellings held for seasonal use, specifically excluding

recreational vehicles, campers and motor homes on lots where no permanent dwelling exists.

2. Single-family dwellings of conventional or manufactured construction, in

accordance with Section 4.10.

3. State licensed residential foster care facilities housing six (6) or less persons.

State licensed child-care centers providing care for six (6) or fewer children.

D. Permitted Accessory Uses.

Normal accessory structures to single-family dwellings. Such structures shall be at least 1.5 times the height of the structure from the edge of the road surface, but may be as close as 3 feet to any side or rear lot line.

Home occupations, Type I.

E. Uses Permitted by Special Use Permit:

The following uses shall be allowed when determined to be in conformance with provisions of Sections 4.11, 4.12 and 4.13:

1. Churches, schools, libraries and publicly owned buildings.

2. Public utility buildings.

3. Land for parks, playgrounds, public and private swimming pools, and similar facilities for outdoor exercise and recreation when not operated for profit.

4. Accessory buildings, structures and uses customary and incidental to any of the above special uses; such uses shall include temporary signs.

5. "Reserved".

6. An accessory building on a vacant lot.

Section 3.03 04 - District A (Agricultural - Parcels 10 acres or greater)

A. Parcels 10 acres or greater (Permitted Uses – Agricultural)

Intent:

To conserve and enhance the low density and agricultural use of those portions of the Township that now have such character. By conserving such character, the Township and other public agencies will realize an economic gain in public expenditures by minimizing scattered demand for urban types and levels of services, utilities, and facilities, in otherwise predominantly rural areas.

B 1. Area and Dimensional Regulations:

1a. Minimum Lot Area and Frontage Width: 10 acres or greater; 200 feet frontage width. See also Section 7.337.07, "farm".

2 b. Minimum Easement Width to Back Parcel: Twenty (20) feet.

3. c Minimum Yard Dimensions: Fifty (50) feet front yard; ten (10)

feet side yards; twenty (20) feet rear yard; twenty (20) feet corner lot setback. See also Sections 4.03 02 and 4.0403.

4d. Maximum Building Height: Two and one-half (2-1/2) stories; Thirty-five (35) feet.

C 2. Principal Permitted Uses:

No land shall be used, and no building or structure erected or moved upon any premises and used for other than one or more of the following uses, except as otherwise provided for in this Ordinance.

1 a. Detached single-family dwelling in conformance with Section 4.10

2 b. Farms, including livestock and poultry operations, dairy farming,

horticultural operations, grain farming, forestry operations, and garden plots.

c. State licensed residential foster care facilities housing six (6) or

less persons.

State licensed childcare centers providing care for six (6) or fewer

children.

D 3. Permitted Accessory Uses:

1 a. Storage shed or carport with less than 200 square feet or less,

and a maximum of one and one-half stories (25’) in height

2 b. Buildings and structures customarily incidental to farming.

3 c. Dwelling structures for migrant workers.

4 d. Roadside stands and buildings for the packaging, storage, and sale

of agricultural products.

5 e. Maximum two (2) non-agricultural buildings exceeding 200 square

feet in area. Agricultural buildings exempt under the state building code are exempt from this limitation.

6 f. Home Occupations Type I

4. Uses Permitted by Special Use Permit

The following uses shall be allowed when determined to be in conformance with the provisions of Sections 4.12 and 4.13 as applicable:

a Churches, schools, libraries, and publicly owned buildings.

b. Hospitals, clinics, sanitariums, convalescent homes, and similar

structures designed for human care.

3 c. Public utility buildings.

4 d. Community country clubs, fraternal lodges and similar civic

organizations when not operated for profit.

5 e. Land for parks, playgrounds, public and private swimming pools,

and similar facilities for outdoor exercise and recreation when not operated for profit.

6 f. Food processing and packaging industries; farm equipment sales

and services.

g. Oil and brine wells and storage facilities for same.

h. Bed & Breakfast operations.

i. An accessory building on a lot adjoining the principal residence.

10. j. Accessory buildings, structures and uses customary and incidental

to any of the above permitted uses, such uses shall include temporary signs.

"Reserved"

Outdoor Storage Facilities

Seasonal Storage in Existing Barns

Section 3.04 - District A (Agricultural - Parcels under 10 acres)

B. Parcels Under 10 Acres (Permitted Uses – Residential)

Intent:

1B. Area and Dimensional Regulations:

1 a. Minimum Lot Area and Frontage Width: 1 acre; 150 feet

frontage width. See also Section 7.33 7.02, "farm".

2 b. Minimum Easement Width to Back Parcel: Twenty (20) feet.

3 c. Minimum Yard Dimensions: Fifty (50) feet front yard; ten (10)

feet side yards; twenty (20) feet rear yard; twenty (20) feet corner lot setback. See also Sections 2.05, 4.03 02 and 4.0403.

4 d. Maximum Building Height: Two and one-half (2-1/2) stories;

Thirty-five (35) feet.

C 2. Principal Permitted Uses: No land shall be used, and no building or

structure erected or moved upon any premises and used for other than one or more of the following uses, except as otherwise provided for in this Ordinance.

a1. Detached single-family dwelling in conformance with Section

4.10.

b2. Farms, horticultural operations, grain farming, forestry operations, and garden plots. Farms may include non-intensive livestock and poultry operations, dairy farming,

c. State licensed residential foster care facilities housing six (6) or

less persons.

State licensed childcare centers providing care for six (6) or fewer

children.

3D. Permitted Accessory Uses:

1 a. One (1) storage shed or carport with less than 200 square feet or less,

and a maximum of one and one-half stories (25 feet) in height

maximum of one and one-half stories in height

b2. Buildings and structures customarily incidental to farming.

3 c. Dwelling structures for migrant workers.

4 d. Roadside stands and buildings for the packaging, storage, and sale

of agricultural products.

e5. A maximum of two (2) accessory buildings larger than 200 square feet but not to exceed 2,400 square feet each.

f6. Home Occupations – Type I

E 4. Used Permitted by Special use Permit:

The following uses shall be allowed when determined to be in conformance with the provisions of Sections 4.12 and 4.13 as applicable:

1 a. Food processing and packaging industries; farm equipment sales

and services.

2 b. Churches, schools, libraries, and publicly owned buildings

3 c. Hospitals, clinics, sanitariums, convalescent homes, and similar

structures for human care.

4 d. Public utility buildings.

5 e. Community country clubs, fraternal lodges, and similar civic or

social organizations when not operated for profit.

f6. Land for parks, playgrounds, public and private swimming pools, and similar facilities for outdoor exercise and recreation when not operated for profit.

g7. Oil and brine wells and storage facilities for same.

8 h. Bed & Breakfast operations.

9 i. An accessory building on a lot adjoining the principal residence.

10 j. Accessory buildings, structures and uses customary and incidental

to any of the above permitted uses, such uses shall include temporary signs.

"Reserved".

Section 3.05 – District C (Commercial)

Intent:

To encourage and facilitate the development and maintenance of commercial endeavors of various types in appropriate areas. Further to encourage the exclusion of certain uses and activities that tends to disrupt the efficient functioning of commercial areas. No land shall be used thereafter, and no building or structure erected or moved upon any premises and used for other than one or more of the following uses, except as otherwise provided in this Ordinance.

Site plans shall be submitted for all Commercial uses pursuant to Section 4.11 3.06 of this Ordinance.

B. Area and Dimensional Regulations:

1. Minimum Lot Area and Frontage Width: 12,000 square feet area; 100 feet frontage width.

2. Minimum Yard Setbacks: Must meet the requirements of Sections 4.0 and Table 4.03.4.02, 4.03 and 2.01.

3. Parking: Clear vision area with one (1) parking space for every twenty (20) lineal feet of frontage.

4. Maximum Building Height: Two and one-half (2-1/2) stories; thirty-five (35) feet.

Principal permitted uses:

1. Stores, showrooms, and shops for the conduct of generally recognized retail business when conducted within buildings having a roof and four sidewalls.

2. Personal service shops, such as professional offices, barber shops, beauty parlors, shoe repair shops, laundry, and dry cleaning pick-up shops.

3. Banks, dressmaking, millinery, photographic studios, undertaking establishments, public utility buildings, and publicly owned buildings.

4. Community clubs, fraternal organizations and similar civic and social organizations.

5. Gasoline and oil service stations, garages, and used car lots, but not the storage, processing or sale of used auto parts or other items commonly referred to as junk or hazardous materials.

6. Outdoor advertising signs not exceeding thirty-two (32) square feet in area.

D. Permitted accessory uses

1. Outdoor advertising signs not exceeding thirty-two (32) square feet in area.

2. Storage shed or carport under 200 square feet; maximum one and one-half stories (25 feet) in height; must meet all setback requirements.

E. Uses Permitted by Special Use Permit:

The following uses shall be allowed when determined to be in conformance with the provisions of Section 3.06 and 5.03 4.11, 4.12 and 4.13..

1. Outdoor theaters, dance halls, recreational hall, and other enterprises of recreation and amusement.

2. Sale and servicing of agricultural machinery, lumber yards, and warehouses.

Establishments located within buildings for the repair, alteration, finishing,

assembling, fabrication, or storage of goods primarily for local and retail

sale.

4. Outdoor advertising signs exceeding thirty-two (32) square feet in area.

5. Hotels, motels and bed-and-breakfast operations.

6. Attached dwelling

7. One accessory building no larger than 720 square feet.

8. Warehouse and Mini-storage Facilities (indoor storage)

Section 3.06 – District I (Industrial)

Intent:

To encourage and facilitate the development of industrial enterprises in a setting conducive to public health, economic growth, and protection from blight, deterioration, non-industrial encroachment and efficient traffic movement including employee and truck traffic. No land shall be used thereafter, and no building or structure erected or moved upon any premises and used for other than one or more of the following uses, except as otherwise provided in this Ordinance.

Site plans shall be submitted for all industrial uses pursuant to Section 3.06 of this Ordinance.

B. Area and Dimensional Regulations

1. Minimum Lot Area and Frontage Width: 12,000 square feet lot area; 100 feet frontage width.

2. Minimum Yard Dimensions: Must meet the requirements of Sections 4.0 and Table 4.03. 2.04, 4.02 and 4.03

3. Maximum Building Height: Two and one-half (2-1/2) stories; thirty-five (35) feet.

Principal permitted uses:

1. Manufacture or assembly of electrical appliances, motors and instruments; manufacture or assembly of signs, billboard, and advertising structures; other manufacturing or assembly operations of similar nature not attended by excessive noises, smoke, odors, vibrations or dust.

2. Dairy plants, canneries, wineries, agricultural storage and packaging, and similar food processing operations and requiring a special permit under this section.

3. Sheet metal, machine shops, fabrication shops, and monument works.

D. Permitted accessory uses:

1. Outdoor advertising signs not exceeding thirty-two (32) square feet in area.

2. Storage shed or carport under 200 square feet; maximum one and one-half stories (25 feet) in height; must meet all setback requirements.

E. Uses Permitted by Special Use Permit:

The following uses shall be allowed when determined to be in conformance with the provisions of Sections 3.06 and 5.03 4.11, 4.12 and 4.13;

1. Oil refineries, chemical manufacturing or processing, asphalt

manufacturing or refining, similar related manufacturing or processing.

2. Manufacturing or processing operations involving odors, fumes, smoke, dust, water, noise, or vibration only to such a degree as not to be considered obnoxious, offensive, unhealthful, or harmful to surrounding property.

3. One accessory building no larger than 720 square feet

4. Warehouse and Mini-storage Facilities (indoor storage)

5. Outdoor Storage Facilities.

Section 3.07 – RMH Residential Mobile Home District

A. Intent:

The RMH District is designed for those who prefer mobile home living. Although a single- family unit, mobile home developments typically have a higher density impact than conventional single family developments. In order to not adversely impact other areas of the Township, certain land areas are hereby recognized as appropriate for continued mobile home use provided that proper site design standards and requirements are met.

B. Principal permitted uses:

In the RMH District no use shall be permitted unless otherwise provided in this Ordinance, except for the following:

1. Mobile homes located in a mobile home park.

2. Mobile home parks.

3. Publicly owned and operated parks, playfields, museums, libraries, and other recreational facilities.

4. Municipal, state, and federal administrative or service buildings.

5. Home occupations. Type I.

6. Accessory buildings and uses customarily incidental to the above Principal Permitted Uses.

C. Standards and Requirements for Mobile Home Parks:

1. Mobile home parks shall conform to the requirements as promulgated by the Michigan Mobile Home Commission Rules as amended.

D. Site Plan approval - Preliminary:

1. For permitted uses and uses subject to a special use permit, a site plan shall be submitted in accordance with Section 3.06 4.11.

E. Area and Dimensional Regulations;

1. Minimum lot size for a mobile home park shall be ten (10) acres.

ARTICLE IV – GENERAL PROVISIONS

Section 4.01 – Conflicting Laws, Ordinances, Regulations, and Restrictions

It is not intended by this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with the existing provisions of the law, Ordinance, rules, regulations, or permits previously adopted or issued pursuant to laws relating to the erection or use of buildings or land; nor is it intended by this Ordinance to interfere with or abrogate or annul any existing easements, covenants or other agreements between parties; provided, however, that where any provisions of this Ordinance imposes more stringent requirements, regulations, restrictions, or limitations, upon the erection or use of land or buildings, or upon the heights of buildings and structures, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or Ordinance or any said rules, regulations, permits or easements, then the provisions of this Ordinance shall govern. The requirements of this Ordinance are to be construed as minimum requirements, and shall in no way impair or affect any covenant or restriction running with the land, except where such covenant imposes lesser requirement.

Section 4.02 – Minimum Lot Area and Dimensions

A. Parcels of land upon which a dwelling is hereafter erected or moved shall conform with the following:

1. In cases of un-platted land, no lot shall contain less than 12,000 square feet the required minimum lot area of the zoning district in which the land is located or as permitted in Section 2.04, exclusive of public highway right-of-ways, nor shall be less than fifty (50) feet at the building line..

2. Every parcel of land shall provide a minimum width of thirty-three (33) feet at the site of the access to the premises.

B. Other-buildings:
The minimum size of a parcel of land required for other permitted and approved uses shall be determined by the Columbia Township Zoning Commission as may be reasonable for such use.in accordance with the requirements of this Ordinance.

C. In determining lot requirements, no required area shall be ascribed to more than one principal building or use.

D. Where a lot abuts upon the shoreline of a lake, river, stream, or other surface body of water not having a legally established water level and subject to fluctuation of water levels, the computation of the required lot area and yard measurements shall exclude any portions of the land existing below the highest prior water level.

Section 4.03 – Minimum Front, Side and Rear Setbacks on All Lots – Except as provided for in Article 2.0 and Section 3.03.

A. Front Yards:

1. Highway and primary road setback:

Where premises abut upon a highway under the jurisdiction of the Michigan State Highway Department, a distance of 110 feet shall be maintained between the center line of the highway and the building line, or where premises abut upon highways under the jurisdiction of the Van Buren County Highway Commission a distance of eighty-three (83) feet between the centerline and building line.

2. Plat setbacks:

When premises abut roads or streets contained within recorded plats and which are designed and intended for residential uses, front yard requirements may be reduced to fifty-eight (58) feet between the centerline and building line, except as provided for in Section 3.03.

3. Unplatted lots on private streets:

Where an unplatted lot is created on a private street the front setback may be reduced to fifty (50) feet from centerline.

34. Average setbacks:

Further provided, that in situations where an average setback line less than required has been established by existing buildings on the same side of the street and within 200 feet of the proposed building, such established setback shall apply. However, such reduction shall not exceed 50 percent of the required standard listed in this section.

5. Accessory Structures in the Street Front Yard.

Generally, as long as the general setback regulations of this Article are met, accessory structures and buildings may be allowed in any yard but shall not be erected in the required street front yard. The following exceptions are provided:

a. Waterfront Lots - Exceptions:

Structures on waterfront lots must meet the front setback requirements for both setbacks fronting the right-of-way and the permanent water feature and be subject to the provisions of this ordinance with the following exception:

b. On waterfront lots, one (1) garage may be constructed, erected, and placed in the street front yard of any lot providing the garage maintains a setback of ten (10) feet from the road-right-of-way; and further providing that the road is not a county primary road or a county local road as shown on the Van Buren County "General Highway Map".

c. On a waterfront lot, an accessory building of 200 square feet or greater in area shall not be erected or maintained in any required side or lakefront setback area. One (1) accessory structure less than 200 square feet in area and less than 8 feet in height may be erected within the required side and lakefront setback areas, providing, that such structure is at least 10 feet from the high-water level of the lake and that any wall or roof over-hang shall be at least 3 feet from a side lot line.

B. Side Yards:

1. General Rules: (Except as provided for in the RO District, Section 3.03)

There shall be ten (10) feet setback for each side yard for lots that are 100 feet wide or more at the building line.

There Sshall be at least five (5) feet in widthsetback from at the building line on each side of lot up to fifty (50) feet in width, with one (1) foot additional width of side yard being required for each additional ten (10) feet in lot width of lots up to one hundred (100) feet; except where lots abut upon two or more streets or highways, in which case a minimum side setback of twenty (20) feet is required from the side road edges.right-of-way.

2. Districts C and I special rules:

No side yard shall be required in Districts C and I when structures are separated by acceptable fire-walls.

C. Rear Yards:

1. Every principal building hereafter erected or moved upon a premise shall provide a rear yard no less than twenty (20) feet in depth.

2. Any accessory building shall be constructed at least ten (10) feet from the rear lot line except where otherwise provided for in this Ordinance.

D. Lake front yard:

1. Principal structures and all dwelling structures shall not extend closer to the lake than existing structures of the same type on adjacent lots or lots within 200 feet on either side. If there are no occupied lots within 200 feet then the setback shall be 25 feet from the normal high water level or established flood hazard elevation.

2. Accessory structures shall not extend closer to the lake than existing accessory structures on adjacent lots within 200 feet on either side. If there are no similar structures on adjacent lots within 200 feet then the setback shall be the same as for a dwelling except that structures less than 200 square feet in area may be located at least 5 feet from the normal high water level. If the lot is bisected by a street between the dwelling and the lake, then an accessory structure less than 200 square feet in area shall be at least 5 feet from the normal high water level and at least 20 feet from the street right-of-way line.

3. Waterfront Lots – Additional Regulations:

All structures including decks over two (2) feet high.

a. Required waterfront setback: There shall be a waterfront setback of not less than 25 feet, or the average setback of structures of the same type on adjacent parcels within 200 feet.

b. Required street-front setback: On waterfront lots there shall be a street front setback of not less than 25 feet for all buildings except for one garage as exempted above in A, 1-5.

E. Wetlands setbacks

Wetlands are identified in the township official wetland map and regulated

by the provisions of the Columbia Township Wetlands Ordinance and Part 2 below.

Any activity that may adversely affect a wetland is subject to review and

permit approval by the Michigan Department of Environmental Quality (MDEQ) pursuant to provisions of the Wetlands Protection, of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended.

3. All structures shall be setback at least twenty-five (25) feet from the edge of any wetland as delineated by MDEQ staff or by a qualified wetland scientist. Docks, boardwalks and similar structures may be located within a wetland only through a permit from the MDEQ.

Section 4.04 – Buildings and Structures Relative to Setback Lines

No building or structure of any kind, except necessary highway traffic signs and open fences through which there shall be clear vision, shall be hereinafter constructed, erected, or moved into space closer than eight (8) feet from a road right-of-way, or within any needed clear vision area.

No building or structure of any kind, except necessary signs, small (less than 25 square feet) shelters for school children, pump/well housings less than 3 feet high and open fences through which there shall be clear vision, shall be constructed, erected, or moved into space closer than eight (8) feet from a road right-of-way, or any needed clear vision area.

Section 4.05 – Water Supply and Sewage Disposal Facilities

Every building or structure hereafter erected or moved upon any premises for permanent or temporary human habitation shall be provided with a safe and adequate system for water supply and sewage disposal. No such building or structure shall be utilized for human habitation until the owner of the premises has obtained a written approval of the water supply and sewage disposal from the Van Buren County Health Department.

Connection shall be made to a public water supply and public sewer system, if they are available to the premises.

When a private water supply or private sewage disposal system is required the type, location, and construction shall comply with the sanitation regulations for Van Buren County. No building or structure requiring the facilities shall be erected or moved upon any premises, which does not provide adequate size or size conditions for safe and adequate water supply and sewage disposal facilities.

Section 4.06 – Dwellings for Use of Seasonal Farm Labor

Any building or structure located in the Agricultural District and available for occupancy from April first to November fifteenth for the use of seasonal farm labor shall not be subject to the provisions of this Ordinance; provided, it is maintained in a safe and sanitary condition, and is furnished with a safe and sanitary water supply and with sewage disposal facilities which do not adversely affect the public health; and provided, further, that such buildings or structures shall be located at least 100 feet from the side or rear property line and 133 feet back from any state, county, or public highway or roadway; and are licensed by the appropriate state licensing agency of the Michigan Department of Public Health.

Section 4.07 – Essential Services

The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of overhead or underground gas, electrical, steam, or water distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electric sub-stations, and auxiliary buildings, gas regulator buildings, and equipment, and other similar facilities and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, shall be permitted as authorized or regulated by law and other Ordinances of the Township of Columbia in any zoning district, it being the intention hereof to except such erection, construction, alteration, and maintenance from the application of this Ordinance.

Section 4.08 – Temporary Dwelling Structures

No building, trailer coach, garage, cellar, basement, or other structure, which does not conform to the provisions of this Ordinance relative to dwellings, shall be erected, altered, or moved upon any premises and used for dwelling purposes except under the following applicable limitations:

Such use of any building, trailer coach, garage, cellar, basement, or other structure shall not be adverse to health, safety, or to the public welfare.

The location of each building, trailer coach, garage, cellar, basement, or other structure shall conform to the regulations governing the yard requirements.

Such use of any building, trailer coach, garage, cellar, basement, or other structure shall be for the sole purpose of providing dwelling facilities for the owner of the premises during the period of construction and until completion. Provided, however, that such a period shall not exceed twenty-four (24) months, beginning with the date of issuance of the permit, unless otherwise extended by the action of the Board of Appeals.

Application for the erection, movement, alteration, and use of such building, trailer, coach, garage, cellar, basement, or other structure shall be made to the Zoning

Administrator or as provided in Section 4.02 4.10 of this Ordinance. The Zoning Administrator shall approve or disapprove the application giving due consideration to the purposes of this Ordinance and to the best interest and welfare of all parties. Appeals to decisions of the Zoning Administrator shall be considered by the Zoning Board of Appeals at their next regular meeting.

The conditions of this section shall not apply to any trailer coach when located in a trailer coach park.

Section 4.09 – Vehicular Parking Space, Access Thereto, and Lighting Thereof

For each dwelling, commercial, industrial, manufacturing, or other similar business or service establishment, hereafter erected or altered and located on a public highway, road, or street in the unincorporated portions of the Township, and including buildings or structures used principally as a place of public assembly, there shall be provided and maintained suitable space off the right-of-way for the parking or loading of vehicles either as required in Section 4.17 or at least one (1) space for each 400 square feet of usable floor area, excluding warehouses or similar storage, and such space shall be provided with safe exit to and safe entrance from the public thoroughfare. Approval for the location of such exit and entrance shall be obtained from the Michigan State Highway Department for all highways under their jurisdiction, and from the County Road Commission for all other roads and highways in the Township, which approval shall also include the design and construction thereof in the interest of safety, adequate drainage and other public entrances and exits, shall comprise one automobile parking space. All parking as required in this section, except as required for dwelling, shall be provided with artificial lighting that does not interfere with the peaceful use of adjoining property.

Section 4.10 – Minimum Dwelling Unit Regulations

A. Application for Permits:

Before any construction starts or before any dwelling is moved onto or within property in Columbia Township the following permits are required:

1. Well and Septic permits from the Van Buren County Health Department

2. Electrical permit from the Columbia Township Electrical Inspector.

3. Building permit from the Columbia Township Building Official (Inspector).

4. Plumbing permit from the Columbia Township Plumbing Inspector

5. Mechanical permit from the Columbia Township Mechanical Inspector

6. Zoning Compliance from the Columbia Township Zoning Administrator.

All dwellings shall be in accordance with this Section and Section 7.29 7.05. However, a travel trailer may be placed on a parcel or lot for a maximum of three (3) months in any twelve (12) month time period provided that a permit is secured from the Township.

B. Minimum dwelling size:

720 square feet on the main floor (outside wall dimensions) for one and two-bedroom dwellings and minimum exterior width at any side elevation of 14 feet. There shall be an additional 150 square feet of floor area for each additional bedroom beyond two. The minimum floor area shall not include additions to mobile (manufactured) homes. Two or more mobile homes shall not be attached nor shall a mobile home be added to an existing mobile home. No mobile home shall be installed as an addition to an existing conventionally constructed home, nor shall a conventionally constructed home be added to a mobile home. This Section shall not be interpreted to prevent an addition to an existing mobile home that is less than 50% of the original floor area of the structure. All additions to manufactured homes must be freestanding (see state Building Code).

C. Used Mobile Homes:

Used mobile homes must pass Township inspection before being set up on a building site. Notice: No mobile home needing repairs shall be placed upon a building site until the necessary repairs are made and the Township Building Inspector has approved the repairs.

D. Plot Plan:

A plot plan is required showing to scale the size and location of the proposed dwelling and all existing structures on the site and distances from the lot lines. The plot plan shall be drawn in accordance with an accurate boundary line survey.

E. Foundations:

All dwellings located outside of mobile home parks shall have a permanent foundation of concrete or block around the entire perimeter of the dwelling structure.

All foundations shall conform to the Michigan Building Code.

F. Porches and steps:

Each dwelling structure shall have permanently attached steps connected to exterior door areas or to porches connected to exterior door areas where a difference in elevation requires steps under the Michigan building code.

G. Existing Mobile Home Skirting:

All existing mobile homes in place at the time of adoption of this section must shall be either skirted or may have a foundation or block curtain wall foundation. If skirting is used, this material between the ground and the base of the mobile home shall conform and be of similar material as the original structure; it shall be vented, and be manufactured of fire-resistant material and certified as such by the manufacturer. Any re-location of or structural changes to an existing structure shall conform to subsection E. above.

H. Occupancy:

1. No dwelling shall be occupied until all construction or installation has

been completed in accordance with the applicable construction code and the provisions and requirements of this ordinance, and has been inspected and approved by the Township.

2. There shall be no more than one (1) dwelling per lot except as permitted in Section 3.02 – R2 district.

I. Maintenance:

All dwelling structures shall be properly maintained against deterioration and/or damage from the elements in accordance with the Columbia Township Property Maintenance Ordinance.

J. Mobile Homes in Mobile Home Parks:

The provisions of this section shall not apply to mobile homes located in licensed mobile home parks. Such dwellings shall comply with rules 602 and 602 (a) as amended, promulgated under Michigan P.A. 419 of 1976, and as adopted by the Michigan Mobile Home Commission.

Section 4.11 – Site Plan Review and Approval

A. Intent.

A site plan review procedure is hereby established for Columbia Township. The purpose of a site plan review is to determine compliance with the provisions set forth in this Zoning Ordinance and to promote the orderly development of Columbia Township. The further intent of this Section is to ensure the erection of or additions to and/or alterations of structures with proper attention to siting and appearance. The purpose of ensuring proper development is to protect the stability of land values and investments for the general welfare, and to help prevent impairment or depreciation of land values and development.

B. When Required. The following provisions in this section shall apply to all uses requiring site plan review by this Ordinance, including:

1. Any mobile home park. (preliminary only)

2. Any multiple family dwelling, except structures with four (4) or fewer

dwelling units.

3. Any commercial use.

4. Any industrial use.

5. Any application for a Special Use, Site Condominium, and PUD.

6. Any change of use of an existing structure that requires additional parking or that is a change to a more intensive use a determined by the Zoning Administrator.

7. Exception: Site plans for agricultural uses may be waived by the Zoning Administrator, or the Township Board.

C. Contents. A required site plan shall be drawn at a scale of 1 inch equals 40 feet or less for uses affecting three (3) acres or less, and 1inch equals 100 feet for uses affecting more than three (3) acres. All site plans shall contain the following information:

1. A legal description of the land and lots included in the site plan.

2. The boundary lines of the area included in the site plan, including angles, dimensions, and reference to a section corner, quarter corner or point on a recorded plat, an arrow pointing north, and the individual lot areas and dimensions of the land included in the site plan.

3. The shape, size, location of any lots including yard dimensions, height and floor area of all structures, and the finished ground and basement floor grades (in flood prone areas).

4. A vicinity sketch showing, adjacent properties and their uses and the location of the site plan in relation to the surrounding streets system.

5. Proposed streets, driveways, loading spaces, and the total number and layout of parking spaces shall be shown.

6. The size and location of all required landscaping.

7. Existing and proposed drainage systems shall be reviewed and approved by the Van Buren County Drain Commissioner.

8. The name, signature, title, and mailing address of the person whom prepared the site plan. A site plan for any development of more than two (2) acres in land area, or, more than 10,000 square feet of floor area shall be prepared by a registered architect, engineer, or land surveyor.

9. Exceptions:

Minor Projects - In order to facilitate review of a development or expansion project having a building permit value of less than $20,000, the Zoning Administrator may waive the data submission requirements of this Section and accept a site plan with the following information:

a. A legal description of the subject property.

b. A description of the land uses surrounding the project.

c. Date, north arrow and scale.

d. The dimensions of all lot and property lines.

e. The siting of all structures on the subject property.

f. Significant environmental features such as wetlands, and water bodies.

D. Preliminary Site Plans - If any applicant wishes to request a preliminary site plan review in order to determine the feasibility of a project, a site plan of this nature may be submitted as a preliminary site plan, however, except for mobile home parks, such a preliminary site plan shall not be considered for or given final approval. No fee will be charged for preliminary site plan review (except for mobile home parks where there will be no final site plan review by the township) but the preliminary site plan must be delivered to the Township Clerk at least seven (7) days prior to a scheduled planning commission meeting., except when a public hearing is required, in which case the preliminary site plan shall be submitted at least 21 days prior to the scheduled public hearing and the fee shall be required at that time.

E. Review Process and Approval.

1. The applicant shall submit seven (7) copies of any required site plan to the Zoning Administrator along with a cover letter signed by the owner of the land and any prospective developer. The cover letter shall give a general explanation of and background information on the proposed development or use.

2. The Zoning Administrator shall examine the site plan as to proper form and content and for compliance with all applicable requirements of this Ordinance. The Zoning Administrator shall either, forward the site plan for review and processing to the appropriate body at the next scheduled meeting or at the next meeting scheduled following any required public notice, or within fifteen (15) days shall return the application to the applicant along with a written explanation of why the site plan cannot be processed.

3. A site plan submitted in conjunction with an application for a Special Use Permit, and which is accepted by the Zoning Administrator, shall be forwarded to the Planning Commission for recommendation and to the Township Board for approval, approval with conditions and/or changes or denial.

4. A site plan submitted in conjunction with an application for a Zoning Compliance Permit which does not require a Special Use Permit shall be forwarded to the Township Planning Commission for review and approval, approval with changes and/or conditions, or denial.

5. Criteria:

In the case of site plan review for multiple family, industrial or commercial uses or in other cases deemed appropriate by the Zoning AdministratorPlanning Commission, the reviewing body Planning Commission shall consider among other factors:

a. Noise

b. Lighting

c. Outside storage

d. Possible blight or future maintenance

e. Public safety

f. Traffic patterns both on-site and on the adjacent roadway

g. Drainage

h. Screening and greenbelts, especially if the proposed use is adjacent to residential uses

F. Site Change: Any structure, use or field change added subsequent to the initial site plan approval must be approved in the same manner as the original approval, unless the change is minor in nature. Minor site plan changes may be approved by the Zoning Administrator without Planning Commission approval. Examples of minor site plan changes include:

1. Minor variations in concept or design of the a development which are

determined by the Zoning Administrator not to be major changes.

2. Increases or decreases of residential or non-residential floor areas by ten (10) percent or less.

3. Relocation of any surface or subsurface structure or improvement by less than twenty (20) feet from its planned locations.

4. Increase or decrease in planned elevations of finish grades or changes in the area or materials of paved areas which affect less than five hundred (500) square feet, or, ten (10) percent of the total lot area, whichever is more.

5. Increases or decreases or change in type, height or length of walks, fencing, berms or screen plantings.

6. Change of use where the required parking for a new use does not exceed the existing parking on site.

7. Additions or deletions of permitted accessory uses to the principal uses permitted in an approved site plan.

8. Changes in the location of essential public utilities and services from those approved on the site plan in order to accommodate installation.

If an applicant decides to appeal the disapproval of a minor site plan change by the Zoning Administrator, the application shall be forwarded to the Planning Commission with the Zoning Administrator’s reasons for disapproval.

G. Phased Construction: Where phased or staged construction is contemplated for the development of a project, the site plan submitted must show the interrelationship of the proposed project to the future stages, including the following:

1. Relationship and identification of future structures

2. Pedestrian and vehicular circulation

3. Time and schedule for completion of the various phases of the proposed construction

4. Temporary facilities or construction as required to facilitate the development

H. Security Deposit: For any project where phased development is contemplated the Township shall required a security deposit based upon a firm bid, sufficient to cover the cost(s) of completion for required infrastructure improvements and protective screening.

I. Expiration: Approved site plans must begin project work within 12 months of final approval and the project must be completed within 24 months. If the project cannot be started or completed within the required time frame, the developer may ask for an extension not to exceed six (6) months. If the project is not started or completed within the required time period the approval shall expire and the applicant must re-apply for Site Plan Review, if a Special Use, a new public hearing shall be required.

SECTION 4.12 - Special Use Procedures

Application: Application for a Special Use Permit shall be in writing and shall accompany the application for Site Plan Review as required under the provisions of this Ordinance.

Application for a Special Use Permit shall be accompanied by a plan for the proposed use. This plan, where applicable, shall show the location of all buildings, structures, parking areas, open spaces, traffic access and circulation, landscaping (including screening), and any other information necessary to determine the conformance of the proposed use with the provisions set forth in the schedule of District Regulations, and the Special Use conditions.

The Zoning Administrator shall make such investigation as may be necessary, to determine whether the proposed Special Use complies with the requirements of this Ordinance. The application shall be referred to the Planning Commission, together with all reports relevant to the proposed use for consideration at the request of the owner. In no case shall a period exceeding thirty (30) days elapse between the filing of a complete Special Use Permit application and the time of notice to the Planning Commission.

B. Public Notice:

Whenever a complete application for a Special Use Permit is referred to the Planning Commission, a public hearing is required. Notice of such a public hearing shall be made in accordance with Section 8.04 3 of this ordinance and Michigan Public Act 110 of 2006, as amended.

C. Special Use Review Requirements:

Special Uses shall be subject to the following special requirements in addition to the requirements and standards of the zoning district in order to prevent conflict with or impairment of the principal permitted uses of the zoning district. Such uses shall be deemed to possess characteristics of such unique form that to the district that each shall be considered on an individual case.

1. Relationship to adjacent land and buildings:

The location and size of the use, the nature and intensity of the operations, the size of the site in relation to operations, and the location of the site with respect to existing or future roads and highways providing access to the site shall be in harmony with the orderly development of the district; and the location, nature, and height of buildings, walls and fences, and shall not discourage the appropriate development and use of adjacent land and buildings nor impair their value.

2. Character of operations:

Operations shall not be more objectionable to nearby properties by reason of noise, traffic, safety, congestion, vibration, dust, fumes, smoke, or flashing lights than the operation of any permitted use.

SECTION 4.13 - Special Use Conditions

Planning Commission Modification: Any requirements of this Section may be waived or modified by a 2/3 vote of the Planning Commission, through Site Plan approval, provided the Planning Commission identifies characteristics of the site or site vicinity that would make the specific requirement(s) unnecessary or ineffective, or, where it would impair general public safety immediately adjacent to the specific site. Any such determination by the Planning Commission granting a waiver or modification shall be confirmed or modified by a recorded roll call vote of the Township Board when giving final approval.

The Zoning Board of Appeals shall have no authority to review or grant variances from any of the following conditions or any decision of either the Planning Commission or Township Board in relation to the granting or denial of any Special Use permit.

A. Automobile Repair Shops and Impound Yards:

Outside storage or parking of disabled, wrecked or dismantled vehicles for any overnight period shall not exceed more than two (2) vehicles awaiting service for each indoor repair stall located on said premises and in no event shall the outdoor storage or parking of any such vehicle be permitted for a period exceeding thirty (30) days.

When adjoining residentially used or zoned property, a six (6) foot high fence shall be erected and maintained along the connecting interior lot line.

No sale of used cars or any other vehicles on the premises may be permitted unless the operation meets the approval of the Township Board after having received a recommendation from the Planning Commission.

B. Billboards:

A sign structure, over 100 square feet in area, advertising a service, commodity or establishment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located, also known as "off-premises sign" or "outdoor advertising structure".

1. Billboards are permitted by Special Use permit only within three hundred (300) feet of a county primary road.

2. Billboards shall not exceed three hundred (300) square feet in area per side.

3. Billboards shall not be greater than thirty-five (35) feet in height, nor be stacked or in tandem.

4. Billboards shall be at least three hundred (300) feet from a home, school or church and not be lighted so as to cause any light or glare to shine on abutting structures.

5. Billboards shall not be space closer than one thousand (1,000) feet between one another or on either side of a road right-of-way.

6. Billboards shall only be located in Agricultural, Commercial or Industrial zoned districts.

C. Campgrounds, Seasonal Mobile Home Parks and Recreational Vehicle (RV) parks:

Campgrounds, seasonal mobile home parks and RV parks shall be allowed subject to the following procedures and conditions:

1. The total area of the campground shall be at least 20 acres.

2. There shall be a required setback of not less than 50 feet along all property

lines. No campsite or any structure shall be located in this required setback area. Setback requirements on the side or rear property line may be waived or modified when said line is constituted by the edge of a river or lake and the Planning Commission shall find that no useful purpose would be served by the stipulated setback.

3. There shall be a greenbelt-planting strip with a width of not less than 20 feet along the property lines and may be within the 50-foot setback as required in 2 above. Such greenbelt will contain at least one straight or staggered row of deciduous and/or evergreen trees, spaced not more than 40 feet apart, and at least three rows of deciduous and/or evergreen shrubs, spaced not more than eight (8) feet apart, that grow to an ultimate height of 12 feet.

4. If there are recreational areas they may be located within the 50-foot required setback but not within the 20-foot greenbelt.

5. Vehicular circulation system shall consist of improved drives or roads with a right-of-way of at least 33 feet and shall have unrestricted access to or from a public street.

6. No structure shall exceed 25 feet in height.

7. One (1) detached single-family dwelling, used only for purposes of residence by a park manager or owner and conforming to requirements of the zoning district may be allowed.

8. Any grading plan for the grounds of the campground shall be reviewed and approved by the County Drain Commissioner.

9. Each site will be arranged to safely accommodate a travel trailer, camper, or other similar camping apparatus. There shall be not less than one (1) parking space for each rental unit or campsite. Parking spaces shall measure 10’ x 20’ and there shall be a driveway width of 11’ for each direction of travel.

10. There shall be a maximum of two signs that shall bear only the name of the campground shall have a maximum area of 100 square feet each. Such signs may be lighted provided the source of light is not visible and not the flashing or intermittent type, and may be located with the required setback but not within the greenbelt.

11. No commercial enterprise shall be permitted to operate within the park except that a convenience goods shopping building, not to exceed two thousand five hundred (2,500) square feet of floor area, may be provided in a park containing more than fifty (50) campsites.

There shall be no sales or display of camping vehicles.

Except for primitive campgrounds, there shall be located, within the campground, approved sanitary dumping facilities.

All requirements, as regulated by Michigan Public Act 368 or 1978, as amended, shall be complied with.

Potential traffic congestion that might be occasioned by the intended use. The Planning Commission may require a traffic impact study/report. A proposed project shall not project to reduce the traffic engineering level of service classification of an impacted roadway.

The effect of proposed use on adjoining properties and the surrounding neighborhood. The Planning Commission may require an impact analysis.

The compatibility of the proposed use with the surrounding neighborhood.

The Planning Commission must consider the scale of the proposed

development in comparison to the size of surrounding uses.

The above restrictions shall apply to all lots, parcels or tracts on or abutting any lake, whether the access to the lake waters is by easement, park, common-fee ownership, single-fee ownership, condominium arrangement, license or lease.

D. Churches, Private Schools, Libraries, Museums, and Community Halls:

1. Minimum lot width shall be one hundred and fifty (150) feet.

2. Minimum lot area shall be one (1) acre, for structures with an intended capacity less than one hundred (100) persons. For structures with an intended capacity over one hundred (100) persons there must be sufficient area to allow for the required parking on-site. Existing churches, schools, etc. on non-conforming lots may be expanded only if the off-street parking requirements are met for the entire capacity.

3. This type of structure may be exempted from the height limitations of the zoning district. For every foot of height by which the building, exclusive of spire, bell or clock towers, exceeds the maximum height limitation for the district, an additional (to the minimum) foot of front, side or rear yard setback shall be required.

The lot location shall be such that at least one (1) property line abuts a

paved road. All ingress to the lot shall be directly onto a paved road.

Lighting for parking areas or outdoor activity areas shall be shielded to

prevent light from spilling onto any residential district or use.

For uses exceeding a seating capacity of two-hundred fifty (250) persons, a traffic study shall be required to be submitted by the applicant which describes internal circulation and projects impacts on traffic operations, capacity, and access on adjacent and nearby roads which are likely to provide access to the site.

Access driveways shall be located no less than fifty (50) feet from the

nearest part of the intersection of any road or any other driveway.

E. Fraternal Organizations:

1. Shall be located on lots of at least two (2) acres.

2. Shall not be located within 1,000 feet of a church or school.

3. Retail sales of food or beverages may be permitted to members or guests

only and there shall be no external sign of commercial activity.

F. Accessory Building on a Vacant Lot

Garages intended for automobiles or boats, when located within 200 feet of another lot occupied by a single-family dwelling.

1. Such garage shall be setback at least 5 feet from any side or rear lot line, 20 feet from any street right-of-way line.

2. Such garage shall not exceed 20% of the lot area nor shall such garage exceed the floor area of the first floor of the dwelling on the related lot occupied by a single-family dwelling.

3. Both lots shall be in common ownership.

4. The Special Use may only be granted if the owner records a signed agreement, agreeable to the Township, not to sell the lots separately.

5. Such garages shall not be used for dwelling or commercial purposes.

"RESERVED"

5. The owner and operator of the business shall qualify for and legally claim

a homestead exemption under Michigan property tax law and shall be legally registered to vote at the address.

6. The home business shall be operated entirely within an existing building,

either the dwelling or a garage (attached or detached) or other accessory building.

7. The use of a dwelling for the home business shall be clearly incidental and

subordinate to its use for residential purposes by its occupants. The home business shall not occupy either an area exceeding twenty-five (25%) percent of the main floor of a dwelling unit, or more than seventy-five (75%) percent of a garage or other accessory structure. The home business shall not result in the displacement and/or outside placement of equipment or materials (e.g. lawn mower, snow blower, garden equipment, recreation equipment, etc.) normally stored in a garage or accessory structure.

8. There shall be no change to the outside appearance of the building(s) or

premises, or other visible evidence of the conduct of a home business other than one (1) sign, not to exceed four (4) square feet in area, non-illuminated, not closer than ten (10) feet to any lot line or right-of-way line, and not more than six (6) feet in height.

9. Retail sales of merchandise or products are prohibited except for products

actually produced on the premises or minor incidental products related directly to the home business.

10. A home business shall operate only between the hours of 7:00 AM and

7:00 PM. Clients and outside employees shall not be present outside of those hours unless approved by the Planning Commission.

11. All parking shall be off street, and there shall be no parking for any vehicles (including resident vehicles) other than those spaces specifically approved by the Planning Commission.

12. Deliveries and/or pick-ups by any commercial vehicle other than a standard special delivery or short parcel post truck shall be prohibited.

13. No equipment or process shall be used in any home business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal human senses at or beyond the property line of the site where the home business is conducted. Pursuant to electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receiver off the premises, or that causes fluctuation in line voltage off premises.

H. Hospitals, Clinics, Sanitariums, Convalescent Homes, State Licensed Residential Care Facilities for more than 6 persons and similar structures designed for human care:

1. Minimum lot area shall be two (2) acres.

2. The lot location shall be such that at least one (1) property line abuts a paved road. The ingress and egress for off-street parking facilities for guests and patients shall be directly from paved road.

3. Minimum main and accessory building setback shall be 50 feet from a street right-of-way line, and 30 feet from a side or rear property line.

GI. Manufacturing, Compounding, Processing, Packaging, Treating Assembly and Bulk Storage of Certain Products:

1. Minimum site size shall be one (1) acre.

2. Minimum required lot width shall be 100 feet.

3. No use of this type shall be permitted within 500 feet of any residential

Establishment.
A Zoning Board of Appeals is hereby established, which shall consist of three (3) members and up to two (2) alternate members selected from the electors residing in the Township. Alternate members shall have the same term as regular members. Alternates are only called to serve for the full duration of a case when a regular member is absent (absent due to illness, vacation, conflict of interest, etc.). The first member of the Board of Appeals shall be a member of the Township Planning Commission. The remaining members of the Board of Appeals shall be selected from the electors of the township residing outside of incorporated cities and villages. The members shall be representative of the population distribution and of the various interests present in the Township. One member may be a member of the Township Board. An elected officer of the Township shall not serve as chairperson of the Board of Appeals. Members of the Board of Appeals shall be removed from office by the Township Board for misfeasance, malfeasance, or nonfeasance upon written charges and a public hearing. A member shall disqualify him/herself from a vote in which he/she has a conflict of interest. Failure of a member to disqualify him/herself from a vote in which he/she has a conflict of interest shall constitute a misfeasance in office.
Terms of Office:
The terms of office for members appointed to the Zoning Board of Appeals shall be for 3 years, except for members serving because of their membership on the Planning Commission or Township Board, whose terms shall be limited to the time they are members on those bodies. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.
C. Quorum:
The Township Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Zoning Board of Appeals are present.

Adoption of Rules:

The Zoning Board of Appeals shall adopt rules necessary to the

conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the chairperson and at other such times as the Zoning Board of Appeals in its rules and procedures may specify. The chairperson, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings and hearings shall be open to the public. All meetings shall be noticed in conformance with Article VIII, Amendments and Public Notices, Section 8.0403, of this Ordinance.

Minutes:

The Zoning Board of Appeals shall keep minutes of its proceedings, show the vote of each member upon each question, or if absent or failing to vote indicating such fact and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Township Clerk.

Section 6.02 – Board of Appeals; Powers and Duties

Reference to Public Act 110 of 2006
The Township Zoning Board of Appeals shall have all powers and responsibilities and shall carry out all duties as set forth and required for a Township Zoning Board of Appeals in the Michigan Zoning Enabling Act, being Public Act 110 of 2006, as amended, to include consideration of variances in accordance with all applicable provisions of this ordinance.
Powers; Concurring Vote of Majority of Members; Standards for Decisions

The Zoning Board of Appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a zoning board of appeals. The Zoning Board of Appeals shall also hear and decide on matter referred to the Zoning Board of Appeals or upon which the Zoning Board of Appeals is required to pass under this Ordinance. It shall hear and decide appeals from and review any administrative order, requirement, decision, or determination made by the Zoning Administrator, Planning Commission or Township Board made under this Zoning Ordinance. No authority is granted to the Zoning Board of Appeals to hear appeals from Special Land Use or Planned Unit Development decisions or to grant variances from uses of land.

2. Public Notice: All meetings of the Zoning Board of Appeals

shall be noticed in conformance with Article VIII ‘Amendments and Public Notice’, Section 8.0403, of this ordinance and in conformance with Section 604 of P.A. 110 of 2006.

The concurring vote of a majority of the members of the

Zoning Board of Appeals is necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator, Planning Commission or Township Board, to decide in favor of the applicant on a matter upon which the Zoning Board of Appeals is required to pass under the Zoning Ordinance, or to grant a variance in the Zoning Ordinance.
(For the purpose of this ordinance, there are three members of the Zoning Board of Appeals. An alternate is only called to be present when a regular member cannot attend. Two votes shall constitute a majority).

Standards for Variances: Where practical difficulties or

unnecessary hardship may exist in conforming to the strict letter of the Zoning Ordinance, the Zoning Board of Appeals may in approving an appeal vary or modify any of the rules or provisions of this Ordinance relating to construction, or structural changes in or alterations of buildings or structures, so that the intent of this chapter should be observed, public safety secured, and substantial justice done. To obtain a dimensional variance, the owner must show practical difficulty by demonstrating that all of the following standards are met:

That strict compliance with area, setback, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render conformity unnecessarily burdensome;
That a variance would do substantial justice to the owner as well as to other property owners in the district, or whether a lesser relaxation would give substantial relief and be more consistent with justice to others;
That the plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions;
That the problem is not self created or based on personal financial circumstances.

Section 6.03 – Duties of the Zoning Administrator, Board of Appeals, Township Board, and Courts on Matters of Appeal

Jurisdiction of Zoning Board of Appeals:

It is the intent of this Ordinance that all questions under appellate jurisdiction shall be presented to the Zoning Board of Appeals only on appeal from the decision of the Zoning Administrator, Planning Commission or Township Board. Requests for Variances constituting matters under original jurisdiction of the Zoning Board of Appeals shall be filed with the Zoning Board of Appeals via the Zoning Administrator and shall not be construed as an appeal from a decision of the Zoning Administrator. Recourse from the decision of the Zoning Board of Appeals shall be to the courts as provided by the laws of the State of Michigan.

Limitation of Township Board Authority:

It is further the intent of this Ordinance that the duties of the Township Board in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be stated in this Ordinance. Under this Ordinance the Township Board shall have only the following duties: (1) considering and adopting or rejecting proposed amendments or the repeal of this ordinance as provided by law, (2) establishing a schedule of fees and charges, and (3) appointing members of the Zoning Board of Appeals and the Zoning Administrator.

ARTICLE 7.0 – DEFINITIONS

Section 7.01 – Rules Applying to Text:

The following listed rules of construction apply to the text of this Ordinance:

A. The particular shall control the general.
B. With the exception of this chapter, 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 Ordinance or as enlarging or restricting the terms and provisions of this Ordinance in any respect.
C. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
D. Unless the context clearly indicates to the contrary, (1) words used in the present tense include the future tense; (2) words used in the singular number shall include the plural number; and (3) words used in the plural number shall include the singular number.
E. A "building" or "structure" includes any part thereof.
F. 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.
G. 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".
H. Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.

The following listed terms and words are defined for the purpose of their use in this Ordinance; these definitions shall apply in the interpretation and enforcement of this Ordinance unless otherwise specifically stated.

Section 7.02 – ‘A’

Accessory Use of Structure: 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.

Agricultural: Substantially undeveloped land devoted to the production of plants and animals useful to man, including forages and sod crops; dairy and dairy products, livestock, including breeding and grazing, fruits; vegetables; and other similar uses and activities.

Alterations, Structural: 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.

Animal Unit: Animal unit shall be defined as a unit of measurement of any animal feeding operation calculated by adding the following numbers; the number of slaughter and feeder cattle multiplied by 1.0 plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 25 kilograms multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0, plus the number of turkeys multiplied by 0.018, plus the number of laying hens and broilers (if the facility has overflow watering) multiplied by 0.01, plus the number of laying hens and broilers (if the facility has a liquid manure handling system) multiplied by 0.033, plus the number of ducks multiplied by 0.2.

Attached Dwelling: A one-family dwelling attached to a commercial use structure by common vertical wall(s) or as a second-story use.

Automobile Repair – Major: General repair, rebuilding, or reconditioning of engines, or vehicles, collision services (including body repair and frame straightening), painting or upholstering; or vehicle steam cleaning and undercoating.

Automobile Repair- Minor: Minor repairs, incidental replacement of parts, or motor service to passenger automobiles and trucks not exceeding two (2) tons capacity; provided, however, there is excluded any repair or work included in the definition of "Automobile Repair Major".

Automobile Wash Establishment: A building or portion thereof, the primary purpose of which is that of washing motor vehicles.

Section 7.03 – ‘B’

Basement: 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.

Bed and Breakfast Inn: A single-family dwelling, other than a Boarding, Lodging, or Rooming House, or hotel or motel, where lodging is provided by a resident family for compensation, for transient use (less than 31 days), and is licensed by the State of Michigan. There are no individual cooking facilities, at least one meal is provided in the house’s main dinning room.

Billboards and Signs:

A. Billboard – Any 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.
B. Business Sign – Any 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.
C. Real Estate Sign – Any temporary structure used only to advertise with pertinent information the sale, rental, or leasing of the premises upon which it is located.
D. Identifying Sign – Any structure on the same premises it identifies which serves (1) to tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution; (2) only to tell the name or address of an apartment house, hotel, or motels; or (3) only to inform the public as to the use of a parking lot.
E. Name Plate – A structure affixed flat against the wall of a building that serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.

Boarding, Lodging, or Rooming House: A dwelling primarily used for the purpose of providing long-term lodging or both meals and lodging for compensation. Such house is to be distinguished from a hotel, motel, or an institutional use such as a convalescent or nursing home.

Building: 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.

Building Height: The vertical distance measured from the ground at the base of the foundation wall or porch footing to the highest point of the roof surface of a flat roof, to the deck of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof. Where a building is located upon a terrace or slope, the height may be measured from the average ground level (average grade) of the terrace or slope at the base of the foundation wall or porch footing. (see Grade, Average)

Building Main or Principal: A building in which is connected the principal use of the lot on which it is situated.

Building Inspector: The Building Inspector of the Township or his authorized representative.

Section 7.03 – ‘B’ continued

Building Line: A line parallel to the front lot line and which marks the location of the building.

Building Permit: A permit signifying compliance with the provisions of this Ordinance as to use, activity, bulk, and density, and with the requirements of all other development codes and Ordinances currently in effect in Columbia Township.

Building Setback: See yard.

Section 7.04 – ‘C’

Clinic: A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than one (1) of a staff of professionals, such as physicians, dentist, and the like.

Condominium: Is the manner in which real property is owned. It is a combination of ownership in fee simple of the interior space of a townhouse or apartment plus an undivided ownership, in common with other purchasers, of the common elements in the structure, including the land and its appurtenances.

Construction: The building, erection, alteration, repair, renovation, (or demolition or relocation) of any building, structure or structural foundation; or the physical excavation, filling and grading of any lot other than normal maintenance shall constitute construction.

Convalescent or Nursing Home: A convalescent home or nursing home is a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under State Law.

Section 7.05 – ‘D’

Day Care Facility:

Family Day Care Home is a private home where not more than six (6) minor children are received for care and supervision for periods of less than 24 hours per day.
Group Day Care Home is a private home where more than six (6) but less than twelve (12) minor children are received for care and supervision for periods of less than 24 hours per day.

Dwelling, Multiple Family: A building or portion thereof, used or designed for occupancy by more than two (2) families living independently of each other. This definition does not include single family attached dwellings or two-family dwellings.

Dwellings, Single Family Attached: A group of three (3) or more single family dwelling units which are joined consecutively by a common party wall, but not a common floor-ceiling. Each unit shall have its own outside entrance. For the purposes of this Ordinance, dwellings such as semi-detached and row houses, shall be deemed a single family attached dwelling.

Dwelling, Single Family Detached: A unit exclusively for use by one (1) family which is entirely surrounded by open space or yards on the same lot.

Dwelling Two (2) Family: A detached building used or designed for use exclusively by two (2) families living independently of each other and each doing their own cooking in said building. It may also be termed a duplex.

Dwelling, Underground: See UNDERGROUND HOMES definition.

Dwelling or Dwelling Unit: Any building or portion thereof, mobile home, pre-manufactured, or pre-cut structure which is occupied in whole or in part as a home, residence, or sleeping place, either permanently of temporarily, by one or more families, (but not including motels, hotels, tourist rooms or cabins) complying with Section 4.10.

Section 7.06 – ‘E’

Efficiency Unit (Studio): A dwelling unit for one (1) individual or small family consisting of one (1) room, exclusive of bathroom, hallway, closets and the like.

Essential Public Services: The erection, construction, alteration, or maintenance of public utilities by municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission, or distribution systems, collection, communication, supply, or disposal systems (including towers, structures, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, telephone exchanges, and/or repeater buildings, electric substations, gas regulators, stations, and other similar equipment and accessories in connection therewith) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety, or general welfare.

Section 7.07 – ‘F’

Family:

An individual or group of two or more persons related by blood, marriage, or adoption, including those related as foster children and servants, together with not more than one additional unrelated person, who are domiciled together as a single, domestic, non-profit housekeeping unit in a dwelling unit, or
A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single non-profit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.

Farm: All of the un-platted, contiguous, neighboring, or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager, or tenant-farmer by his own labor or with the assistance of members of his household or hired employees; provided, however, that land to be considered a farm hereunder shall include a contiguous, un-platted parcel of not less than ten (10) acres in area; provided further, that orchards, hatcheries, and similar specialized agricultural enterprises may be considered as farms, but establishments keeping fur bearing animals, game or operated as fish hatcheries are not farms.

Floor Area:

Floor Area Gross: The sum of the gross horizontal areas of the several floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building which is what this normally is referred to as, shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level or finished lot grade, whichever is higher (see Basement definition). Any space devoted to off-street parking or loading shall not be included in "floor area". Areas of basements, utility rooms, breezeways, unfinished attics, porches (enclosed or unenclosed), or attached garages are not included.
B. Floor Area Usable: The measurement of usable floor area shall include that portion of floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used for storage of merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half story, the usable floor area shall be considered to be only that portion having a clear height above it of four (4) feet or more.

Section 7.08 – ‘G’

Garage, Automotive Commercial: Any premises available to the public and used solely for the storage of automobile or motor-driven vehicles, for remuneration, hire, or sale, and where any such vehicles or engines may also be serviced for operation, or repaired, rebuilt or reconstructed.

Garage, Private: A building accessory to a principal use designed to house not more than three (3) automobiles.

Garage, Public: A public building used for the care, repair, or storage of automobiles.

Grade: The established grade of the road, street, or sidewalk shall be the elevation of the curb at the mid-point of the front of the lot. The Building Inspector establishes the elevation.

Grade, Average: For determining building height on a sloped or terraced lot, the average grade (ground level) shall be calculated by taking the difference between the highest and lowest ground level at the point of contact with the foundation or footing. Building height is calculated from the average elevation of the highest and lowest points of the existing ground around the building at the base of the wall or footing.

Greenbelt or Buffer Strip: The strip of land not less than ten (10) feet in width which is planted and maintained with trees acceptable to the Building Inspector of from five (5) to six (6) feet in height, spaced not more than ten (10) feet apart; or a hedge row of suitable shrubs not more than four (4) feet in height.

Section 7.09 – ‘H’

Hazardous Materials: Any materials that have been declared to be hazardous by any agency of the State of Michigan or of the United States, including but not limited to toxic materials and metal hydroxides.

Hobby Farm: A non-commercial farm operation of 2-20 acres, the income from which is incidental to the total household income.

Home Occupation: An occupation conducted by members of the family only within its place of residence, provided, that the space used is incidental to residential use, and occupies not more than twenty-five (25) percent of the area of one floor, and employs not more than one paid assistant.

Home Occupations: A home occupation is any occupation or profession carried on by one or more members of a family, residing on the premises plus no more than one (1) person not resident on the premises; provided that no commodity other than those customarily associated with the business is sold upon the premises; provided further, that no mechanical equipment is installed except such as would be normally used for purely domestic or household purposes; provided further, that not over twenty-five (25) percent of the total actual floor area is used for home occupation or professional purposes. Doctor’s offices, animal hospitals, nursery schools and engine repair are examples of uses NOT considered home occupations.

A. Class I Home Occupations: Home occupations allowed by right in all residential districts include but are not limited to: dressmaking; teacher with musical, art or dancing instruction, limited to no more than six (6) pupils at a time; author, artist, musician, clerk, computer internet marketing; accountant; or licensed family day care home. Class I Home Occupations shall be limited in location to single-family dwelling structures and are prohibited in accessory structures.
B. Class II Home Businesses: Home occupations involving: retail sales on the premises including sale of guns; use of an accessory structure for the occupation or for storage of goods, materials or equipment; equipment repair with limitations; wholesale activities; parking of one (1) commercial vehicle on the premises; One or two non-resident employees.

Section 7.10 – ‘I’

Intensive Livestock Operation: A farm which has animals stabled or confined other than in grazing areas and fed for a total of 45 days or more in any 12 month period and which contain more than the following numbers and types of confined animals:

300 slaughter or feeder cattle, or
200 mature dairy cattle (milked or dry), or
750 swine each weighing more than 25 kilograms (approximately 55 pounds), or
150 horses, or
3,000 sheep or lambs, or
16,500 turkeys, or
30,000 laying hens and/or broilers (if the facility has overflow watering), or
9,000 laying hens or broilers (if the facility has a liquid manure handling system), or
1,500 ducks, or
300 animal units*

Section 7.11 – ‘J’

Junk: See trash.

Junkyard: Any place where junk, waste, or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including paper, rags, wrecked vehicles, used building materials, structural steel materials, and equipment and other manufactured goods that are worn, deteriorated, or obsolete.

Section 7.12 – ‘K’

Kennel: Any land, building or structure where three (3) or more cats and/or dogs are boarded, housed, or bred.

Section 7.13 – ‘L"

Litter: See trash.

Livestock: Horses or any animal that is raised for the production of food for human consumption or for the production of fiber.

Loading Berth: An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. Off-street loading space is not to be included as off-street parking space in computation of required off-street parking. A loading space is five hundred twenty-eight (528) square feet in area.

Lot: A plat, plot, or parcel of land occupied, or designed to be occupied by one (1) building, and the accessory buildings or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown on a duly recorded plat. If more than one (1) lot of record is held in common ownership and said lots are contiguous, undeveloped, and substandard in size to the minimum lot size in the zoning district, they shall, for the purpose of this Ordinance, be held as one (1) lot or as many lots as shall leave no lot substandard.

Lot Area: The total horizontal area included within the lot lines. Where the front lot line is the centerline of a street, or where a portion of a lot lies within a street right-of-way, the lot area calculated to meet the requirements of this Ordinance shall not include that area inside the street right-of-way.

Lot, Corner: A lot whose lot lines form an interior angle of less than one hundred thirty-five (135) degrees at the intersection of two (2) street lines. A lot abutting on a curved street or streets shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty five (135) degrees.

Lot Coverage: The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.

Lot, Flag: A lot which has less than the required minimum road frontage on a public or private road, which is reached via a private drive, and whose width some distance back from the right-of-way, meets all Ordinance requirements.

Lot Line: A boundary line of a lot.

Lot Line, Front: The exterior line or right-of-way of a road on which a lot fronts or abuts.

Lot Line, Rear: Any lot line, other than a front lot line, which is parallel or nearly parallel to the front lot line.

Section 7.13 – ‘L" continued

Lot Line, Side: Any lot line not a front or rear lot line.

Lot of Record: A lot which actually exists in a subdivision plat as shown on the records of the County Registrar of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot Width: The distance between side lot lines measured at the building line on a line parallel to the street.

Section 7.14 – ‘M’

Mobile Home: A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed without a permanent foundation for year-around living as a single family dwelling. A mobile home may contain parts that may be combined, folded, collapsed, or telescoped when being towed and expanded later to provide additional cubic capacity.

Single Wide – a mobile home with a width of no greater than fourteen (14) feet for its full length.
Double Wide – a combination of two (2) mobile homes designed and constructed to be connected along the lengthwise 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.

Mobile Home Park: A parcel or tract of land, under the control of a person upon which three (3) or more mobile homes are located on a continual non-recreational basis, and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended or used incidental to the occupancy of a mobile home, and which is not intended for use as recreation vehicle trailer park (Act 419, Michigan P.A. of 1976).

Mobile Home Subdivision: A mobile home park except that the mobile home lots are subdivided, surveyed, recorded, and sold in accordance with Michigan Act 288 of 1967, as amended.

Modular: A structure which meets the requirements of the BOCA Code, and which is transported in one (1) or more sections on a removable chassis, and is designed to be used on a permanent foundation, when connected to the required utilities, such as plumbing, heating, and electrical systems. Pursuant to the BOCA Code the characteristics of a modular are:

A pitched roof of heavy truss construction able to support a "dead-weight" of at least forty (40) pounds per square foot, and having roof shingling of five (5) inch exposure:
A heavy deck flooring of wood on two (2) by eight (8) floor joists;
A drain ventilation size of three (3) inches in diameter extending twelve (12) inches above the roof; and
Establishment on a poured wall or cement block and mortar foundation.

Motel, Hotel, or Motor Hotel: A building or a series of attached, semi-detached, or detached rental units providing long term or transient lodging with motor vehicle parking in an area contiguous to the building. No kitchen or cooking facilities are to be provided without the approval by the Planning Commission with the exception of units for use of the manager and/or caretaker.

Motor Home: A self-propelled motor vehicle designed as self-contained living quarters and intended only for short-term occupancy.

Motor Vehicle: Every vehicle that is self-propelled.

Section 7.15 – ‘N’

Non-Conforming Lot of Record (Substandard Lot): A lot lawfully existing at the effective date of this Ordinance, or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.

Non-Conforming Structure: A structure, or portion thereof, lawfully existing at the effective date of this Ordinance, or affecting amendment, and which fails to meet the minimum yard setback requirements of the zoning district in which it is located.

Non-Conforming Use: A use lawfully existing in a building or on land at the effective date of this Ordinance, or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.

Section 7.16 – ‘O’

Open Air Business: Shall be defined to include the following:

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.
Retail sale of fruits and vegetables.
Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park and/or similar recreation uses.
Bicycle, utility truck, or trailer, motor vehicles, boats or home equipment sale; rental or repair services.
Outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.

Section 7.17 – ‘P’

Parking Area, Space or Lot: 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. Parking area shall include access drives within the actual parking area.

Pier: Concrete posts embedded in the ground to a depth below the frost line at regular intervals along the lengthwise distance of a mobile home and intended to serve as a base for supporting the frame of the mobile home.

Planning Commission: The Columbia Township Planning Commission.

Principal or Main Use; The primary or predominant use of a lot.

Section 7.18 – ‘Q’

Section 7.19 – ‘R’

Recreation Vehicles: A vehicle primarily designed as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle, (Act 419, Michigan P.A. of 1976, as amended).

Road Frontage: The length of the lot line that borders a public road.

Road or Street, Private: An irrevocable easement running with the land to one (1) or more owners of adjacent properties which provides access to those adjacent properties and which is not dedicated for general public use.

Road or Street, Public: Any public right-of-way that provides vehicular access to adjacent properties.

Roadside Market Stand: A temporary building or structure designed or used for the display and/or sale of agricultural products.

Section 7.20 – ‘S’

Sanitary Landfill: Any operation that is licensed by the State of Michigan or its agencies as a sanitary landfill or is subject to the requirement of having such a license.

Shopping Center: A group of establishments engaging exclusively in retail business or service arranged as a functionally coherent unit, together with appurtenant features, such as parking area and storage facilities.

Site Plan Review and Approval: The submission of plans for review and approval, as required by this Ordinance, and special use permits.

Special Use Permit: A permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location, or relation to the Township, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. Such uses shall be permitted when the specific review criteria provided in this Ordinance for them are met.

Street: The public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare, except an alley.

Structure: Anything except a building, constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Structural Changes or Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof.

Swimming Pool: Any structure or container, either above or below grade, located either in part or wholly outside a permanently enclosed and roofed building, designed to hold water to a depth of greater than twenty-four (24) inches when filled to capacity, intended for immersion of the human body, whether for swimming or wading or both.

Section 7.21 – ‘T’

Temporary Building or Use: A structure or use permitted by the Building Inspector to exist during periods of construction of the main use or for special events, not to exceed six (6) months.

Townhouses: A row of three (3) or more attached one-family dwellings, not more than two and one-half (2-1/2) stories in height and for which where is a rear and front entrance to each dwelling.

Township Board: The Columbia Township Board.

Township Board of Appeals: The Columbia Township Board of Appeals.

Township: Township of Columbia.

Trash: The terms "Trash", "Litter", and "Junk", are used synonymously and each as herein shall include the following: Used article or used pieces of: iron, scrap metal, automobile bodies, or parts of machinery or junked or discarded machinery, used lumber which may be used as harborage for rats, ashes, garbage, industrial by-products, or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels, and all other articles customarily considered trash or junk and which are not housed in a building.

Trailer Coach Park Act: Michigan Act 243 of 1959, as amended.

Travel Trailer: A transportable unit that must be towed by a motor vehicle, intended for occasional or short-term occupancy as a dwelling unit during travel, recreational, or vacation use.

Section 7.22 – ‘U’

Underground Home: A residence, the roof of which is covered with earth, and which on at least three (3) sides does not extend upward more than the surrounding grade levels within fifty (50) feet. This does not include basement houses that are covered on four (4) sides by earth.

Section 7.23 – ‘V’

Variance: A varying or relaxation of the standards of the Zoning Ordinance by the Township Board of Appeals; and where such variances will be not be contrary to the public interest; and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in practical difficulty.

Vehicle: 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.

Section 7.24 – ‘W’

Section 7.25 – ‘X’

Section 7.26 – ‘Y’

Yard, Required Side-Rear-Front: An open space of prescribed width or depth, adjacent to a lot or property line, on the same land with a building or group of buildings, which open space lies in the area between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not include eaves provided that an eight (8) foot height clearance is provided above the adjacent ground level. (See illustration entitled "Lot Terms".)

Front: An open space extending the full width of a lot and of a depth measured horizontally at right angles to the front property line, lot line, or right-of-way line.
Rear: An open space extending the full width of a lot and of a depth measured horizontally at right angles to the rear property line, lot line, or right-of-way line, except as otherwise provided in this Ordinance.
Side: An open space extending on each side of the lot from the required front yard to the required rear yard, and of a width measured horizontally at right angles to the respective side property line, lot line, or right-of-way line.
Water Front: On lakes the water front yard shall extend landward from the ordinary high water line as determined by the State of Michigan, or on a lake with a control dam, as determined by the County Drain Commissioner. On rivers the water front yard shall extend landward from the Flood Hazard Elevation Line (commonly know as the 100-year flood line) as shown on published Flood Insurance Rate Maps (FIRM).

"L" shaped, "U" shaped, "Flag lots" and other irregular parcels: Whenever a

structure is to be located on an irregularly shaped parcel so that such structure

will be located directly behind a buildable location on any adjacent parcel between

the building site and the street, then the yard for the irregularly shaped parcel

which is the common lot line between the building site on the irregular parcel and

the intervening parcel shall be considered a side yard.

PARCEL 2

New house

setback

PARCEL 1

ROAD

Section 7.27 – ‘Z’

Zoning Act: Michigan Act 184 of 1943, as amended.

Zoning Inspector: The Columbia Township Zoning Inspector or his designated representative.

ARTICLE VIII AMENDMENTS AND PUBLIC NOTICES

Section 8.01 – Initiation of Amendments

Amendments of this Ordinance may originate with the Township Board or by the
Township Planning Commission by resolution of the majority of the respective
membership, or by petition of one or more owners of property to be affected by the
proposed amendment.

Section 8.02 Procedure

Each proposed amendment not originating with the Planning Commission shall be referred to the Planning Commission for its consideration and recommendation.

A. Filing of Applications: All petitioners shall submit a completed and signed application for Ordinance amendment, along with the appropriate fees, to the Township Clerk.
B. All petitions for amendments to this ordinance, without limiting the right to file additional material, shall contain the following:

1. The petitioner’s name, address, and interest in the petition as well as the name, address, and interest of every person, firm, or corporation having a legal or equitable interest in the land.
2. The nature and effect of the proposed amendment.
3. All other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment.

C. Public Hearing: Before submitting its recommendation on the petition to amend, the Planning Commission shall hold at least one public hearing, notice of which shall be given in conformance with Subsection 8.03, below.

In reviewing an application for the rezoning of land, whether the application is made with or without an offer of conditions, the factors that shall be considered by the Planning Commission and the Township Board shall include, but are not limited to, the following:

1. Whether the rezoning is consistent with the policies and uses proposed for that area in the Township’s Master Land Use Plan;
2. Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area;
3. Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning;
4. Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of land.

D. Following the public hearing the Planning Commission shall submit the proposed amendment to the County Planning Commission for review and recommendation. The County Planning Commission will have waived its right for review and recommendation of the ordinance amendment if, the recommendation of the County Planning Commission has not been received by the Township within 30 days from the date the proposed amendment is received by the County.

E. The Planning Commission, after either receiving the review and recommendation of the County Planning Commission or after 30 days has expired, shall refer the proposed amendment to the Township Board along with any comments from the County and the Township Planning Commission’s written recommendations for approval or disapproval and their reasons.
F. A public hearing conducted by the Township Board shall not be necessary unless a request is made in writing by a property owner. Notice of any such hearing shall be noticed in the manner prescribed below in Subsection 8.0403.
G. Thereafter, at any regular meeting, or at any special meeting called for that purpose, the Township Board may adopt and enact the proposed amendment, in accordance with Public Act 110 of 2006, as amended, being the Michigan Zoning Enabling Act.
H. Following adoption of amendments to this Ordinance, one (1) notice of adoption shall be published in a newspaper of general circulation in the City within fifteen (15) days after adoption. The notice shall include the following information:

a. Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.
The effective date of the amendment.
The place and time where a copy of the amendment may be purchased or inspected.

Section 8.03 – Public Notices

Public notice is required for all meetings of the Planning Commission and Zoning Board of Appeals. A schedule of monthly meetings shall be published in December each year 15 days prior to the Commission or Board’s first meeting. If the Zoning Board of Appeals does not have regularly scheduled meetings then each meeting must be noticed separately except when a variance hearing is tabled until a certain date, time and place as announced to those attending during a previously noticed meeting.
Additional public notices are required for the following public hearings:

1. Any proposal for a hearing before either the Planning Commission or the Township Board to amend the Zoning Ordinance text.
2. Any proposal for a public hearing before either the Planning Commission or the Township Board to amend the Zoning Map.
3. Any proposal for a public hearing before the Planning Commission to consider a Special Land Use or a Planned Unit Development.
4. Any appeal to the Zoning Board of Appeals for a public hearing to consider a dimensional Variance, to request an interpretation of the Zoning Ordinance text or map, or to appeal an administrative decision of the Zoning Administrator, Planning Commission or Township Board.

Notice of Hearing: After receipt of the completed application with required fees, the Clerk shall establish a date for a public hearing on the application. The Clerk shall give notice of the public hearing in the following manner:

1. By one (1) publications in a newspaper of general circulation in the City not less than fifteen (15) days before the date of the hearing.
2. For any proposed amendment to the zoning map, or special use hearing, by the Planning Commission, or any variance hearing by the Zoning Board of Appeals, written notice will be delivered by mail, or hand-delivered, to all persons to whom any real property is assessed within three hundred (300) feet of the premises in question, and to the occupants of all dwelling units within three hundred (300) feet of the premises in question. The notice shall be made at least fifteen (15) days prior to the hearing. Requirements of written notice to property owners shall not apply to a comprehensive revision to the Zoning Ordinance or when 11 or more adjacent properties are proposed for rezoning.
3. The notice shall do all of the following:
a. Describe the nature of the request.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
State when and where the request will be considered.
Indicate when and where written comments will be received concerning the request.

Section 8.04 - Conditional Rezoning

A. Intent.
It is recognized that there are certain instances where it would be in the best interests of the Township, as well as advantageous to property owners seeking change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this Section to provide a process consistent with the provisions of Section 405 of the Michigan Zoning Enabling Act (MCL 125.3405) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.
B. Application and Offer of Conditions.

1. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time of application for rezoning is filed or may be made at a later time during the rezoning process.
2. The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without an offer of conditions, except as modified by the requirements of this Section.
3. The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.
4. The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
5. Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this Ordinance may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this Ordinance.
6. Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this Ordinance.
7. Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this Ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance.
8. The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered into voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the Township Board provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for an new public hearing with appropriate notice and a new recommendation.

C. Planning Commission Review.
The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in Section 8.02 of this Ordinance, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
D. Township Board Review.
After receipt of the Planning Commission’s recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board’s deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Sections 8.02 of this Ordinance. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board shall, in accordance with Section 405 of the Michigan Zoning Enabling Act (MCL 125.3405), refer such amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.
E. Approval.

1. If the Township Board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this Section. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.
2. The Statement of Conditions shall:

a. Be in a form recordable with the Van Buren County Register of Deeds or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to the Township Board.
b. Contain a legal description of the land to which it pertains.
c. Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.
d. Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e. Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof may be recorded by the Township with the Van Buren County Register of Deeds.
f. Contain the notarized signatures of all the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

3. Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with the designation that the land was rezoned with a Statement of Conditions. The Township Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.

4. The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the Township with the Van Buren County Register of Deeds. The Township Board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the Township or to any subsequent owner of the land.

5. Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the zoning requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

F. Compliance with Conditions.

1. Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and be subject to judicial abatement as provided by law.
2. No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.

G. Time Period for Establishing Development or Use.
Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the Township Board if (1) it is demonstrated to the Township Board’s reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and (2) the Township Board finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise be inconsistent with sound zoning policy.
H. Reversion of Zoning.
If approved development and/or use of the rezoned land does not occur with the time frame specified under subsection G. above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405. The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.
I. Subsequent Rezoning of Land.
When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion or zoning pursuant to Subsection H above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner’s written request, the Township Clerk shall record with the Van Buren County Register of Deeds a notice that the Statement of Conditions is no longer in effect.
J. Amendment of Conditions.

1. During the time period for commencement of an approved development or use specified pursuant to Subsection G above or during any extension thereof granted by the Township Board, the Township shall not add to or alter the conditions in the Statement of Conditions.
2. The Statement of Conditions may be amended thereafter in the same manner as prescribed for the original rezoning and Statement of Conditions.

K. Township Right to Rezone.
Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the Township from rezoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification. Any rezoning shall be conducted in compliance with this Ordinance and the Michigan Zoning Enabling Act (MCL 125.3401 et seq.).
L. Failure to Offer Conditions.
The Township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect the owner’s rights under this Ordinance.

ARTICLE IX - PENALTIES

Section 9.01 – Penalties

Any building or structure that is erected, altered, maintained, or used, or any use of land that is begun, maintained, or changed in violation of any provisions of this Ordinance is hereby declared to be a nuisance per se. Any person, firm, corporation, or organization, which violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of any provision, shall be fined up to one hundred (100) Dollars, together with the cost of prosecution; or shall be punished by imprisonment in the county jail for not less than ten (10) days, nor more than ninety (90) days, for each offense, or may be both fined and imprisoned as provided herein in the discretion of the court. Each and every day during which an illegal erection, alteration, maintenance or use continues shall be deemed a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the provisions of this Ordinance.

Section 9.02 – Action

The Township Board or Zoning Commission, or the Board of Appeals, or any owner, or owners of real estate may institute injunction, mandamus, abatement, or any other appropriate action or proceedings to prevent, enjoin, abate, or remove any said unlawful erection, alteration, maintenance, or use. The rights and remedies provided herein are cumulative and are in addition to all other remedies provided by law.

ARTICLE X – VALIDITY

This Ordinance and the various parts, sections, subsections, sentences, 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 hereby. The Columbia Township Board hereby declares that it would have passed this Ordinance and each part, section, subsection, phrase, sentence, and clause thereof, irrespective of the fact that any one or more parts sections, subsections, phrases, sentences, or clauses be declared invalid.

Original Adoption: July 21, 1987

Revised: March 10, 2008

Effective: March 30, 2008

Mary Burgett

Columbia Township Clerk