TABLE OF CONTENTS

 

                                                                                                                                            

 

Township Zoning Map                                                                                                          

 

 

Chapter   1 Preamble                                                                                                             

 

Chapter   2 Definitions  2-1

 

Chapter   3 Non-Conformities                                                                                               

 

Chapter   4 General Provisions                                                                                             

 

Chapter   5 District Regulations                                                                                              

 

Section 5.5       Agricultural District                                                                            

Section 5.6       Forested / Rural Residential District                                        

Section 5.7       Country Estate District                                                           

Section 5.8       Low-density Residential District                                             

Section 5.9       Medium-density Residential District                                        

Section 5.10     Commercial District                                                               

Section 5.11     Industrial District                                                                    

Section 5.12     Mixed Use District                                                                   

Section 5.13     Business Route I 75 Overlay District                                      

Section 5.14     Airport Safety Overlay District                                               

Section 5.15     Table of Dimensional Requirements                                                    

Section 5.16     Planned Developments                                                                       

 

Chapter   6 Parking                                                                                                               

 

Chapter   7 Signs                                                                                                                   

 

Chapter   8 Special Uses                                                                                                       

 

Chapter   9 Development Site Plan Review                                                                            

 

Chapter 10 Administration and Enforcement                                                                         

 

Chapter 11 Zoning Board of Appeals                                                                                   

 

Chapter 12 Amendments and Rezoning                                                                              

 

 

 

 

 

 

 

ZONING ORDINANCE FOR WEST BRANCH TOWNSHIP

OGEMAW COUNTY , MICHIGAN

 

CHAPTER 1 PREAMBLE

 

SECTION 1.1 TITLE

 

This Ordinance shall be known as the “Zoning Ordinance for West Branch Township ” and shall be referred to as “this/the Ordinance.”

 

SECTION 1.2 PURPOSE

 

This Ordinance is based on the West Branch Township Master Plan and is designed to be the primary means for its implementation.  It sets forth regulations for the uses of land, structures, and natural resources of the Township and for development, redevelopment or restoration of all property by establishing requirements requisite to proper land use.  This Ordinance, along with the Zoning Map, delineate allowed land uses and their restrictions within the Township.  The Zoning Ordinance and the Zoning Map are organized into ten basic zone areas:

 

Agricultural District

Forested / Rural Residential District

Country Estate District

Low-density Residential District

Medium-density Residential District

Commercial District

Industrial District

Urban Mixed Use District

Business Route I 75 Overlay District

Airport Safety Overlay District

 

In the Ordinance each district, except the overlay districts, is divided into six parts that provide regulations for each:

 

Purposes;

Permitted and Conditional Uses;

Development Standards;

Performance Standards;

Accessory Structures and Uses;

Miscellaneous Regulations.

 

The objectives of the West Branch Township Ordinance are:

 

A.        To promote the public health, safety, and general welfare;

B.         To ensure that land uses shall be in appropriate locations and in proper relationships with other uses;

C.        To provide for open spaces in order to prevent the overcrowding of land and congestion of population, transportation, and public facilities;

D.        To provide for adequate and efficient transportation, sewage disposal, water, and energy systems, and for recreation, public safety, and other public service and facility needs;

E.         To cause and perpetuate the wise use of lands and natural resources in accordance with their character and their adaptability to development or not;

F.         To eliminate the improper use of land;

G.        To effect the proper and orderly development of the Township; and

H.        To accomplish the goals and objectives of the Township’s Master Plan.

 

To meet these objectives, West Branch Township is divided into districts of such number, shape and area, and of such common purpose, adaptability or use, that are deemed most suitable to protect the common rights and interests within each district and the Township as a whole, to preserve the property owners’ rights to the use of their lands, and to promote quality of life and business vitality.

 

The regulations of this Ordinance accomplish the purpose and objectives as outlined above by providing for land uses within each district, by acknowledging the unique impacts of special land uses through specific standards for their development in appropriate locations within selected districts; by promoting quality development by limiting the location, height, bulk, occupancy and uses of buildings and other structures by defining maximum residential density and specifying the percentage of a site available for building by providing for basic site design standards to ensure that land is developed in a functional and aesthetic manner, and by requiring various setbacks from property lines and public street rights-of-way.

 

SECTION 1.3 SCOPE

 

A.        Where any condition imposed by any provision of this Ordinance upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this Ordinance, the provision which is more restrictive or which imposes the higher standard or requirement shall govern.

B.         This Ordinance shall not abrogate or annul any easement, covenant, or other private agreement.  Where any provision of this Ordinance is more restrictive or imposes a higher standard or requirement than such easement, covenant, or other private agreement, the provision of this Ordinance shall govern.

C.        Zoning applies to every building, structure, or use.  No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this Ordinance.

D.        No setback area or lot existing at the time of adoption of this Ordinance shall be reduced in dimensions or area below the minimum requirements set forth herein.  Yards, lots, or setback areas, created after the effective date of this Ordinance shall meet at least the minimum requirements established herein.

E.         Unless otherwise provided for by this Ordinance, any conditions attached to a lot as a result of public action taken pursuant to the application of this Ordinance shall remain in effect even though said lot may change ownership.

F.         The regulations herein established shall be minimum regulations for promoting and protecting the public health, safety, and welfare.

 

           

 

 

G.        Illegal uses under current Ogemaw County rules, ordinances, and regulations shall remain so under this Ordinance and shall not become non-conforming uses unless such illegal use is now allowed in the district in which it is located.  An agreement entered into with Ogemaw County in regard to such a use shall remain in effect and may be enforced jointly by the Township and the County.  No property in the township shall be used for any illegal use under applicable township, county, state or federal law.

SECTION 1.4 AUTHORITY

 

This Ordinance is enacted in accordance with Public Act 110 of 2006, The Michigan Zoning Enabling Act, as amended.

 

SECTION 1.5 VALIDITY AND SEVERABILITY

 

This Ordinance and the various parts, subsections, paragraphs, sentences, phrases, and clauses thereof are hereby declared to be severable.  If any court of competent jurisdiction shall declare any part of this Ordinance to be invalid, such ruling shall not affect any other provisions of the Ordinance not specifically included in said ruling.  Further, if any court of competent jurisdiction shall declare invalid the application of any provision of this Ordinance to a particular lot, use, building, or structure, such ruling shall not affect the application of said provision to any other lot, use, building, or structure not specifically included in said ruling.

 

SECTION 1.6 EFFECTIVE DATE

 

This Ordinance shall take effect on the eighth (8^th) day after publication thereof.

CHAPTER 2 DEFINITIONS

 

SECTION 2.1 RULES APPLYING TO THE TEXT

 

The following rules of construction shall apply to the text of this Ordinance.

 

A.        Except with respect to the headings contained in Section 2.2, the headings that title a chapter, a section or a subsection of this Ordinance are for the purposes of clarity and are not to be considered in any construction or interpretation of this Ordinance, or as enlarging or restricting any of its terms or provisions in any respect.

 

B.         The illustrations contained within this Ordinance are intended to exemplify hypothetical applications of the provisions that refer to them, and shall not have the effect of enlarging or restricting the terms or provisions which refer to them.  In the event of any conflict between the provisions of the written text of the Ordinance and the illustrations, the text shall govern.

 

C.        When inconsistent with the context, words used in the present tense shall include the future tense, words in the singular shall include the plural and words in the plural shall include the singular.

 

D.        The word ”shall” is always mandatory and not discretionary.  The word “may” is permissive.

 

E.         A “building” or “structure” includes any part thereof unless specifically excluded.

 

F.         The word “person” shall include a firm, association, partnership, joint venture, corporation, trust, municipal or public entity, or equivalent entity or any combination of them as well as a natural person.

 

G.        The words “used” and “occupied”, as applied to any land, building or structure, shall be construed to include the phrases “intended to be”, “arranged to be” or “designed to be” used or occupied.

 

H.        The words “erected” or “erection” as applied to any building or structure, shall be construed to include the words “built”, “constructed”, “reconstructed”, “moved upon”, or any physical operation or work on the land on which the building or structure is to be built, constructed, reconstructed or moved upon, such as excavation, filling, drainage or the like.

 

I.          The particular shall control the general.

 

J.          Terms not herein defined shall have common, customary meanings.

SECTION 2.2 DEFINITIONS

 

For the purpose of their use in this Ordinance, the following terms and words are hereinafter defined:

 

Accessory Building or Structure is a building or structure that is detached from the principal building located on the same lot and is customarily incidental to the principal building.  A permit is not required for an accessory structure 120 square feet or smaller.

 

Accessory Use shall mean a use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of such lot or building.

 

Adult Entertainment Establishment is any one, or combination of the following:  adult bookstore, adult tavern or bar, adult cabaret, adult live entertainment, adult mini-motion picture theater, adult motion picture theater, adult novelties, video sales or rental, or related adult amusement.  Any business that devotes more than thirty (30%) percent of its total sales, stock, or trade to adult uses shall be considered an adult entertainment establishment.  “Adult” in this context shall mean sexually explicit materials and actions not intended for exhibit to minors.

 

Agriculture is farms and general farming, including horticulture, floriculture, dairying, fish farming, livestock, and poultry raising, and other similar enterprises or uses.

 

Alley, Lane or Service Drive is a service way providing a secondary means of public access to abutting properties and not intended for general traffic circulation.

 

Apartment refer to definition of “Dwelling, Multiple-Family”.

 

Bed and Breakfast Establishment is a use which is subordinate to the principal use of a dwelling as a single-family dwelling unit and in which transient guests stay for short periods of time and are provided a sleeping room and a breakfast in return for payment.

 

Bonafide Commercial Agricultural Operation is the raising of plants or animals, commonly grown in Central Lower Michigan , on a parcel of land appropriate for a continuing agricultural enterprise.

 

Building is any structure which is erected having a roof supported by columns or walls.

 

Building Height shall mean the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, mechanical equipment, chimneys, or other such incidental appurtenances.

 

Building Site shall mean a legally created parcel or contiguous parcels of land in single or joint ownership that provides the area and the open spaces required by this Ordinance for the location or construction of a building, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

 

Camping is the temporary placement on a property of five or less tents, travel trailers, or recreational vehicles. More than five units shall constitute a Lodge.

Commercial Day Care Center shall mean a facility in which more than twelve minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member by blood, marriage or adoption employed by the facility.

 

Development Site Plans are the documents and drawings required by the Zoning Ordinance necessary to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.

 

Drive-through Business is a business establishment organized so that its retail or service character is wholly or partially dependent on providing a driveway approach and service windows or facilities for vehicles in order to serve patrons while in their vehicles.

 

Driveway is that portion of a lot or parcel of land devoted to affording the principal means of access for no more than two (2) dwellings to and from a Public Road or Private Road.

 

Dwelling, Multiple-Family is a building containing three (3) or more dwelling units with a minimum 500 square feet per dwelling unit, designed for exclusive use and occupancy by three (3) or more families.

 

Dwelling, Single-Family is a building designed for exclusive use and occupancy as a dwelling unit by one (1) family, complying with the following standards:

1.         A single-family dwelling shall have a minimum of 720 square feet of living space.

2.         It complies in all respects with the Michigan State Construction Code as promulgated by the Michigan State Construction Commission under the provisions of Public Act 230 of 1972 as amended, including minimum heights for habitable rooms.  Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards and regulations for construction are different from those imposed by the state building code, then, and in that event, such federal or state standard or regulation shall apply.

3.         It is firmly attached to a permanent foundation constructed on the site in accordance with the building code in effect, and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings.  In the event that the dwelling is a mobile or manufactured  home, as defined herein, such dwelling shall be installed pursuant to the manufacturer’s set-up instructions, and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.  Manufactured homes must be accompanied by a certificate or affidavit of compliance  by the State of Michigan . (Revised August 27, 2009)

4.         In the event that a dwelling is a mobile or manufactured home as defined herein, each mobile or manufactured home shall be installed with the wheels removed.  Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

5.         The dwelling is connected to a public sewer and water supply or to such private facilities approved by the District Health Department.

 

6.         The dwelling contains no additions or rooms or other areas which do not meet the same construction requirement listed above and are permanently attached to the principal structure.

7.         The dwelling complies with all pertinent building and fire codes.  In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the “Mobile Home Construction and Safety Standards” as promulgated by the United States Department of Housing and Urban Development, being 24CFR 3280, and as from time to time such standards may be amended.

8.         The pitch of the roof shall not be less than three (3) feet of rise for each twelve (12) feet of horizontal run.  Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

9.         The main body of the dwelling shall be rectilinear with a width not less than sixteen (16) feet measured across the narrowest section.

10.       The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Ordinance.

11.       All construction required herein shall be commenced only after a land use permit and building permit have been obtained in accordance with the applicable building code provisions and requirements.

 

Dwelling, Two-Family (Duplex) is a building containing two (2) separate dwelling units, both  units having a minimum 720 square feet, designed for residential use by no more than two (2) families and connected by either a common wall or an attached garage area.

 

Dwelling Unit is a building, or part thereof, providing complete living facilities, including provisions for sleeping, cooking, eating and sanitation.

 

Essential Service is a service utility which is needed for the health, safety, and welfare of the community.  In Michigan , these services are controlled by the Public Services Commission.

 

Family is an individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

 

Family Day Care Home means a private home in which one but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.  Family Day Care Home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year.

 

Flag Lot is a lot not fronting on or abutting a road where access to the road is by a narrow, private right-of-way.

Floor Area is the total area of the floor space within the outside walls of a building, excluding porches, breezeways, garages, attics, basements, utility areas, cellars or crawl spaces, but which may include that portion of a walkout basement that is finished for everyday living and not just for storage or occasional use.

 

Frontage is the continuous length along which a parcel of land fronts on a road or street, measured along the line where the property abuts the street or road right-of-way.

 

Garage - Private is a detached accessory building or portion of a main building used only for the parking or storage of vehicles.

 

Garage - Public is a building other than a private garage primarily used for the purpose of parking, storing, repairing or equipping motor vehicles therein as commercial use.

 

Group Day Care Home means a private home in which more than six but not more than twelve minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.  Group Day Care Home includes a home in which care is given to an unrelated minor child for more than 4 weeks during a calendar year.

 

Home Occupation is an occupation or profession carried on by an occupant of a dwelling unit as a secondary use which is clearly ancillary to the use of the parcel and dwelling for residential purposes.  No more than two non-family members may be employed in such activity; outdoor storage shall be completely screened; and no activity shall become a nuisance to its immediate neighbors or neighborhood.

 

Indoor Recreation Establishment is a facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities indoors (within an enclosed building) and operated as a business and open for use by the public for a fee, such as fitness centers, bowling alleys, indoor softball, and racquetball and tennis clubs.

 

Kennel is any land, building, or structure where five (5) or more cats and/or dogs over six (6) months of age are either permanently or temporarily boarded, housed, bred or sold for profit.

 

Land Division is any splitting or dividing of a plot of land (parent parcel) that results in the creation of a new defined parcel or parcels of land from the original parent parcel.

 

Large Scale Livestock Enterprises is a farming operation where numbers of animals significantly more than historically raised in general agriculture are raised usually in confinement or dry lot, also known as a large confined animal feeding operation.

 

Loading Space is a space on the same lot with a building, or group of buildings, for the temporary parking of commercial vehicles while loading and unloading merchandise or materials.

 

Lodge or Club is a building where members and guests meet for lodging, meals, or other club activities.

Lot is a parcel of land separated from other parcels of land by description on a recorded plat or by metes and bounds description, including a condominium unit site in a site condominium subdivision, having frontage upon a public or private street and having sufficient size to comply with the requirements of this Ordinance.

 

Lot Area is the total area included within lot lines.  Where the front lot line is the centerline of a public street, the lot area shall not include that part which is in the public right-of-way.

 

Lot Coverage is a part or percent of a lot occupied by buildings or structures and other impervious surfaces.

 

Lot Depth is the arithmetic mean of the shortest and longest distance from the front lot line to the rear lot line.

 

Lot Line is the line bounding a lot, parcel, or general common element (if there is no limited common element) that separates the lot, parcel, or general common element (if there is not limited common element) from another lot, parcel, general common element (if there is no limited common element), existing street right-of-way, approved private road easement, or the ordinary high water mark.

 

Lot Line, Front is the lot line separating a lot or parcel from a street right-of-way (refer to Figure 1, below) or in the case of a lake lot, the ordinary high water mark.

 

Lot Line, Rear is the lot line which is opposite and most distant from the front lot line.  In the case of an irregular or triangular shaped lot, a line at least ten (10) feet in length, entirely within the lot, and generally parallel to and most distant from the front lot line (refer to Figure 1, below).

 

lot lines and minimum required yards

Figure 1

 

Lot Line, Side is any lot line not a front or rear lot line (refer to Figure 1, p. 2-6).

 

Manufactured Home is a mobile home, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, HVAC, and electrical system in the structure.  Manufactured home does not include a recreational vehicle or motor home.

 

Modular Home is a building, dwelling unit, dwelling room or rooms, or a building component which is designed for long-term residential use and is wholly or substantially constructed at an off-site location, transported to a site, and erected on a permanent foundation.

 

Motor Vehicle Sales and/or Repair is any establishment engaged in the sale, rental, or leasing of new or used automobiles, vans, pick-up trucks, recreational vehicles, or travel trailers, or a business performing repairs on such vehicles.

 

Motor Vehicle Service Facility is any establishment engaged in the direct retail sale of gasoline or other engine fuels, motor oil or lubricants, performing interior or exterior cleaning, sale of tires, parts or accessories, inspection, lubrication, engine tuning, or minor repair for automobiles, vans, pick-up trucks, or other motor vehicles.

 

Non-Conforming Structure is a structure, or portion thereof, lawfully existing at the time this Ordinance or amendments become effective and fails to meet the minimum requirements of the zoning district in which it is located.

 

Non-Conforming Use is the use of a building or of land lawfully existing at the time this Ordinance or amendments become effective but does not conform with the use regulations of the district in which it is located.

 

Off-Site Sign is a sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located.

 

Ordinary High Water Mark is the line between upland and bottom land which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland, and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.  On an inland lake which has a level established by law it means the high established level.  Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, levee, or other water controlling device, this shall be the natural ordinary high water mark.

 

Outdoor Recreation Establishment is a facility designed and equipped for the conduct of sports, amusement or leisure time activities, and other customary recreational activities outdoors (outside of an enclosed building) and operated as a business and open for use by the public for a fee such as tennis courts, archery ranges, golf courses, miniature golf courses, golf driving ranges, race tracks, and children’s amusement parks.

 

Owner(s) shall mean any combination of persons who have equitable or legal title to the premises, dwelling, or dwelling unit.

Planned Development is an area of a minimum contiguous size, as specified by this Ordinance, developed according to plan as a single entity and containing one or more structures with appurtenant common areas.

 

Principal Use is the main use to which a premises is devoted and the principal purpose for which a premises exists.

 

Private Road is any road or thoroughfare for vehicular traffic which is privately owned and maintained and provides the principal means of access to abutting properties.

 

Public Street is a public thoroughfare for vehicular traffic which is publicly owned and maintained and provides the principal means of access to abutting properties.

 

Recreational Vehicle is a vehicle intended and designed primarily for recreational use, such as a motor home, camper trailer, boat, snowmobile, off-road and all-terrain vehicle, or similar vehicle or trailer.  The term “recreational vehicle” shall not include a motorcycle or motor bike or other similar means of transportation intended primarily for daily on-street use.

 

Retail Store is any building or structure in which goods, wares, or merchandise are sold to a customer for direct consumption and not for resale.

 

Right-of-way is a street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles and under the legal authority of an agency having jurisdiction over the right-of-way.

 

Road refer to definition of “street”.

 

Salvage is material saved for future use, recycling, or sale.

 

Salvage Yard is any principal or accessory use where salvage or its component parts are bought and sold, exchanged, stored, baled, packed, disassembled, separated, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.  A “salvage yard” includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.  A “salvage yard” shall be defined as less than six (6) acres in size and does not include landfills or recycling centers.

 

Screen is a structure such as a fence or wall or landscaping providing enclosure and visual barrier between the area enclosed and the adjacent property.

 

Seasonal is any use or activity that cannot or should not be performed during the entire year.

 

Setback is the required minimum horizontal distance between a lot line or other controlling entity and a building, structure, or use line.

 

Sign is an outdoor sign, display, figure, painting, drawing, message, placard, or poster which is designated, intended, or used to advertise or inform.

Site Condominium Projects are land developments done in accordance with the Condominium Act (Public Act 59 of 1978), as amended.  All such developments shall follow the standards and procedures of Section 5.16, Planned Developments, and meet the requirements of the district(s) for which they are intended.

 

State Licensed Residential Facility is a structure that is constructed for residential purposes that is licensed by the state pursuant to Public Act 287 of 1972, as amended, being sections 331.681 to 331.694 of the Michigan Compiled Laws, or Public Act 116 of 1973, as amended, being sections 722.111 to 722.128 of the Michigan Compiled Laws, which provides resident services for six (6) or less persons, Family Day Care Home, or for more than six (6) persons but not more than twelve (12) persons, Group Day Care Home, under 24-hour supervision or care for persons in need of that supervision or care.

 

Street is an approved thoroughfare which affords the principal means of access to abutting properties.

 

Structure is anything constructed, assembled or erected, the use of which is intended to be permanent or lasting, and requires location on the ground or attachment to something having a location on or in the ground.  The word “structure” shall not apply to wires and their supporting poles or frames or electrical or telephone utilities or to service utilities below the ground.

 

Townhouse is a single family dwelling, usually of two or three stories, that is connected to a similar structure by a common wall.

 

Uniform Setback is where fifty (50%) percent or more of the frontages of existing structures along a roadway between two (2) intersecting streets maintain the same minimum setback.

 

Use is the purpose for which land or a building (or buildings) is arranged, designed or intended, or for which land or a building (or buildings) is or may be occupied and used.

 

Variance is a modification to the rules or provisions of this Ordinance which may be granted by the Zoning Board of Appeals where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of this Ordinance.

 

Vehicle is any device in, upon, or by which any person or property is or may be transported or drawn upon any street, highway, excepting devices exclusively moved by human power or used exclusively upon stationary rails or tracks.

 

Yard is a space open to the sky and unoccupied or unobstructed, except by structures or uses specifically permitted by this Ordinance.  A required yard is measured between the applicable lot line and the nearest foundation line of a building or structure.

 

Yard, Front is the yard extending across the full width of the lot, the depth of which is the distance between the front lot line and foundation line of the main building (refer to

Figure 1).

Yard, Rear is the yard extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear foundation line of the main building (refer to Figure 1, p. 2-6).

Yard, Side is the yard between the foundation line of the main building and the side lot line extending from the front yard to the rear yard (refer to Figure 1, p. 2-6).

CHAPTER 3 NON-CONFORMITIES

 

SECTION 3.1 INTENT AND PURPOSE

 

It is the intent of the Chapter to provide for the use of lands, buildings, and structures which were lawfully established prior to the effective date of this Ordinance to continue, even though the use may be prohibited or differently regulated under the terms of this Ordinance.  Such non-conforming lots, uses of land, structures, and uses of structures are declared by this Ordinance to be incompatible with permitted conforming uses, buildings, and structures.  In order to adequately regulate the conflicts between conforming and non-conforming uses, buildings, and structures, the regulations that follow are enacted.

 

SECTION 3.2 NON-CONFORMING LOTS

 

See Chapter 4 General Provisions (Section 4.4 Substandard Lots)

 

SECTION 3.3 NON-CONFORMING USES OF LAND

 

Where, at the effective date of adoption or amendment of this Ordinance, a lawful use on a parcel of land exists that becomes non-conforming under the terms of this Ordinance, such use may be continued, so long as it remains otherwise lawful.  To request an enlargement or expansion of an existing non-conforming use, a land owner and/or his designee may apply for a variance to the Zoning Board of Appeals in accordance with Chapter 11 of this Ordinance.

 

SECTION 3.4 NON-CONFORMING STRUCTURES

 

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions (refer to Figure 2, p. 3-2):

 

A.        No such structure may be enlarged or altered in a way which increases its non-conformity.

B.         Any such structure destroyed by fire, an act of God, or other event beyond the control of the owner may be reconstructed, but as nearly conforming with the provisions of this Ordinance as possible.

C.        Should such structures be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the area into which it is located.

non-conforming structures

 

Figure 2

Proposed addition “A” not permissible unless authorized by variance

 as it increases non-conformity.  Proposed addition “B” permissible

 without variance as it does not increase non-conformity.

 

 

 

 

SECTION 3.5 REPAIR AND MAINTENANCE OF NON-CONFORMING STRUCTURES

 

On any building devoted in whole or in part to any non-conforming use, ordinary maintenance may be done.  Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

 

SECTION 3.6 CHANGE OF TENANCY OR OWNERSHIP

 

There may be change of tenancy, ownership, or management of any existing non-conforming use of land, structure, or premises provided there is no change in the nature or the character of such non-conforming use that would be at variance with the provisions of this Chapter and Ordinance.

 

SECTION 3.7 ABANDONMENT OF NON-CONFORMING USES AND STRUCTURES

 

A.        If for any reason a non-conforming use is abandoned or discontinued for a period greater than 365 consecutive days, the use shall not be allowed to be re-established and any subsequent use shall conform to all the requirements and provisions of this Ordinance.  Under extraordinary circumstances, a petition may be made to the Zoning Board of Appeals to extend the period of disuse or re-establish the non-conforming use.

B.         If for any reason the use of a non-conforming structure ceases to exist or is discontinued for a period of more than 365 consecutive days, no use shall be allowed to occupy the structure, unless authorized by the Zoning Board of Appeals.

 

SECTION 3.8 NON-CONFORMING SIGNS

See Section 7.4, Non-Conforming Signs.

CHAPTER 4 GENERAL PROVISIONS

 

SECTION 4.1 INTENT AND PURPOSE

 

In addition to the development and performance requirements set forth in Chapter 5, other standards and requirements are necessary to ensure that the development of land occurs in an efficient and orderly manner.  It is the intent of this Chapter to set forth provisions that will regulate the uses allowed in all districts.

 

SECTION 4.2 ACCESSORY BUILDINGS

 

Accessory buildings, except as otherwise permitted in this Ordinance, shall be subject to the following regulation:

 

Where an accessory building is structurally attached to a main building, except where otherwise noted, it shall be subject to and must conform with all regulations applicable to the main buildings.

 

SECTION 4.3 LOT ALLOCATION

 

No portion of any lot or parcel used once to comply with the provisions of this Ordinance for yards, lot area, or any other requirement herein, shall be used a second time to satisfy said requirements for any other structure or building.

 

SECTION 4.4 SUBSTANDARD LOTS

 

Any residential lot or parcel created and recorded prior to the effective date of this Ordinance may be used for residential purposes even though the lot does not comply with the dimensional requirements of this Ordinance, provided:

 

A.        That the lot or parcel complies with Section 4.3 of this Chapter.

B.         That a proposed building, structure, or use for the lot satisfies the yard requirements set forth in Chapter 5 of this Ordinance.

C.        That the requirements set forth in Section 4.13 of this Chapter are fulfilled.

 

SECTION 4.5 CORNER CLEARANCE

 

No fence, wall, shrubbery, crops, signs, or other visual obstruction shall be permitted above a height of thirty-six (36) inches within a triangular area formed by the intersection of any street or road right-of-way lines at a distance along each such line of twenty (20) feet from their point of intersection.

SECTION 4.6 NUMBER OF DWELLING UNITS PER LOT

 

Unless otherwise permitted by this Ordinance, only one (1) dwelling unit shall be constructed or placed on one lot meeting the minimum lot area requirements set forth in Chapter 5.  In the

case of condominium developments, unit area and limited common areas may be used to satisfy lot area requirements.  General common areas shall not be applied toward satisfying minimum lot area requirements.

 

SECTION 4.7 ESSENTIAL SERVICES

 

Essential service transmission lines such as electric, telephone, gas or other similar utilities, are permitted in all districts, provided, that the services are authorized, regulated, and in compliance with all other applicable laws, ordinances and regulations.  Buildings accessory to such services, however, are subject to the requirements set forth in this Ordinance.  Telecommunication towers and antennas are not essential services (see Section 4.10).  New essential services shall be placed underground wherever possible.

 

SECTION 4.8 FENCES, WALLS AND SCREENS

 

Fences, walls, or screens are permitted in all yards, but shall be subject to sight distance requirements at drives and roadways and subject to height, materials, and other regulations as prescribed in the various districts.

 

SECTION 4.9 PORCHES AND DECKS

 

Open, unenclosed porches and decks that are attached to the main structure shall adhere to all setbacks of the principal structure.

 

SECTION 4.10 SATELLITE DISH ANTENNAS, TELECOMMUNICATION TOWERS AND ANTENNAS, AND SIMILAR STRUCTURES

 

A.        Satellite dish antennas, television antennas, amateur radio antennas, and other structures similar in size, shape and function are permitted in all zoning districts subject to the following:

1.         All satellite dish antennas, television antennas, amateur radio antennas and other similar structures shall be subject to the following setback requirements:

a.         All satellite dishes shall be located no closer than ten (10) feet from any side or rear lot lines.

b.         All antennas and antenna towers shall be located no closer than the height of the tower from any lot line.  Antennas and antenna towers greater than fifty (50) feet in height shall require a Special Use Permit.

c.         Satellite dishes, antennas, and similar structures shall not be placed or constructed in any required front yard unless there is no other placement for acceptable reception.

d.         Satellite dishes may be placed or mounted on poles, however, they shall be subject to accessory building height limitations.

SECTION 4.11 ROAD ACCESS REQUIREMENTS

 

A.        Each lot shall have access to a public road or dedicated easement.

B.         A new road or driveway access to an existing primary county or state highway shall be allowed no closer than three hundred fifty (350) feet from another existing or proposed road or driveway.  If the lot and driveway configurations existing prior to the date of adoption of this Ordinance preclude this action, or the lay of the land is such that meeting this requirement would create an unsafe or non-functional condition, the Zoning Administrator shall approve the location for a new proposed driveway which will meet the required distance as closely as possible.  In industrial and commercial areas, service drives shall be used to meet this requirement.  Temporary access roads must be closed after a new entrance is constructed.

C.        Driveway easements shall be a minimum of thirty-three (33) feet wide.

D.        Driveways and new public or private entry roads shall follow separation distances prescribed by the Township in a thoroughfare plan or other adopted policy.

 

SECTION 4.12 PERMITS

 

A.        No construction activity requiring a building or grading permit shall commence until a zoning permit and building or grading permit has been issued.

B.         Any building permit issued prior to the effective date of this Ordinance shall be valid, even though not conforming to the provisions of this Ordinance, provided that construction is commenced within one (1) year after the date the permit was issued.

 

SECTION 4.13 REQUIRED WATER SUPPLY AND SANITARY SEWERAGE FACILITIES/WELLHEAD PROTECTION

 

A.         No structure shall be erected, altered, or moved upon any parcel for use as a dwelling, office, business, industry or public facility unless it is provided with a safe, sanitary, and        potable water supply and with a safe and effective means of collection, treatment, and          disposal of human, domestic, commercial, or industrial waste. 

B.         All such installations and facilities shall conform with the requirements of the District        Health Department and applicable state agencies and all applicable permits authorizing   said facilities shall be obtained.  The owner or applicant for any zoning permit shall demonstrate the availability of potable water and public sewer connections or adequate space for septic fields with appropriate reserve areas and setbacks specific to site             conditions.        In no case should a septic field be closer than ten (10) feet to a lot line.

C.        All abandoned wells shall be capped and secured as required by state and local             regulations.

D.        New or renovated structures within six hundred (600) feet of a Township water serviline shall be required to connect to the system.

 

SECTION 4.14 CORNER LOTS

 

Lots or parcels which have frontage on two (2) or more streets shall be subject to the following (refer to Figure 3, p. 4-5):

The lot or parcel owner shall designate which yard shall be considered the front yard for the purposes of establishing the rear and side yards.

2.         Except in urban areas where more exacting conditions may require selection of more specific and hardy species, plant materials shall be used that complement the natural landscape.  Recommended plant material sizes shall be as follows: evergreen trees, six (6) feet in height; deciduous trees, two (2) inch caliper; shrubs, two (2) gallon pot or 18-24" in height and width.

3.         Ground cover shall be primarily of living materials.

4.         Areas that are intended to be planted shall be provided with a minimum depth of topsoil of four (4) inches and mulched appropriately.

5.         All plantings shall be maintained in a vigorous, healthy, and weed-free state.  Any dead or diseased plants shall be removed and replaced.

 

C.        The Township may retain a qualified expert to aid in reviewing landscaping requirements. The expense of a review shall be borne by the applicant.

 

SECTION 4.16 PRIVATE ROAD STANDARDS

 

Landowners installing a private roadway or driveway for three (3) or more dwellings shall meet the following standards:

 

A.        Road construction details shall be provided as part of a site plan review in accordance with the requirements of Chapter 9 Development Site Plan Review.  Review and approval of a private road will be based upon at minimum:

1.         The number of parcels to be served;

2.         How the proposed road will fit into the thoroughfare system of the township and county;

3.         The topography and design of the development.

 

The Township may hire or require an analysis by a registered professional engineer or other traffic expert at the applicant’s expense to aid in its review.  If reasonable standards for road design and construction cannot be agreed upon, Ogemaw County Road Commission standards for subdivision plat development shall be required.

B.         A sixty-six (66) foot right-of-way shall be provided. (Revised August 27, 2009).  The edge of the travelway or paved portion of the road shall be a minimum of six (6) feet from the property boundary unless it is a shared roadway or driveway.  The Planning Commission may require a greater distance if surrounding uses indicate a greater distance necessary to separate existing or future incompatible uses.

C.        All dead end roads shall terminate in a cul-de-sac with at least a fifty (50) foot radius or a T-shaped or hammer-head turn-around sufficient for emergency vehicle turn-around.

D.        Roads shall be named and names shall be approved by the County Road Commission and County Emergency Management Authority.  Road signs shall be installed and maintained. Where stop signs or other traffic regulations signs are indicated, they shall conform to uniform traffic sign size, shape, color and installation requirements.

E.         The Township may require installation of a private road, and the posting of a sufficient bond for construction thereof, before land use or building permits are issued.

F.         As-built drawings of installed roads certified by a registered professional engineer shall be supplied to the Township upon completion of road construction.

G.        A copy of the maintenance agreement providing for safe travel on the road at all times, which shall be a deed-recorded covenant for all parcels to be served by a private road, shall be provided to the Township.

H.        Landowners creating private roads shall provide the Township with a recorded easement, master deed or plat containing the said private road(s) and an affidavit that:

1.         the road(s) to be constructed shall never become public roads, unless brought to the Ogemaw County Road Commission standards in effect at the time of application and are accepted by the Road Commission, and

2.         that these landowners shall indemnify and hold harmless the Township and its representatives from any and all claims for personal injury or property damage arising from the use of the private road(s).  This recorded affidavit shall become a deed restriction of all parcels to which the proposed road will provide access and shall be disclosed at the time of sale or transfer of any parcel.

 

SECTION 4.17 RIFLE RIVER NATURAL RIVER PLAN

 

Portions of the Rifle River in West Branch Township have been designated as a wild scenic river by the Department of Natural Resources (DNR) under Michigan Natural River Act (Public Act 451 of 1994).  Regulations promulgated by the DNR or the Natural Resources Commission governing these designated lands shall be followed.

 

SECTION 4.18 TEMPORARY STRUCTURES AND USES

 

A.        Temporary Offices or Storage Yards

1.         Upon application, the Zoning Administrator may issue a permit for a temporary office building or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site where located.  Each permit shall be valid for a period of not more than six (6) calendar months and may be renewed by the Zoning Administrator for four (4) additional successive periods of six (6) calendar months or less at the same location and only if such building or yard is still incidental and necessary to construction at the site where it is located.

2.         Upon application, the Zoning Administrator may issue a permit for a temporary sales office or model home which is both incidental and necessary for the sale or rental of real property in a new subdivision or housing project.  Each permit shall specify the location of the office and shall be valid for a period of not more than six (6) calendar months.  The permit may be renewed by the Zoning Administrator for up to four (4) additional successive periods of six (6) calendar months or less at the same location, if the Zoning Administrator determines that such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing project.

 

B.         Recreational Vehicles as Temporary Seasonal Dwellings

1.         The Zoning Administrator may issue a permit to an individual to park and occupy a temporary dwelling in any District provided that the following conditions are met:

a.         The temporary dwelling will be used only as a temporary use on the lot while the property owner is constructing a permanent residence on that same lot, and further provided that:

1.         A building permit has been issued for the construction of a permanent residence to the property owner applying for the temporary dwelling permit.

2.         The temporary dwelling is permanently connected to an approved well and septic system.

3.         The temporary dwelling is sufficiently secured to the ground to prevent overturning through the actions of high winds or other natural conditions.

b.         A recreational vehicle may be used as a temporary or seasonal residence within the AG, FR, CE Districts, provided that:

1.         The dwelling shall be a wheeled vehicle, licensed and registered; in compliance with the Michigan Motor Vehicle Code; having properly inflated tires; and working turn signals and brake lights.

2.         The dwelling shall not be occupied for a period in excess of thirty (30) days, unless permanent, on-site sanitary facilities, approved by the Ogemaw County Health Department are installed, in which case the permit may be issued for a period from April 1 through November 30 at which time the temporary dwelling shall be removed from the site until the following year.

 

C.        Temporary dwellings during construction or convalescence, see AG, FR, CE District Regulations (Sections 5.5, 5.6, 5.7).

D.        In considering authorization for any temporary uses or structures, the Zoning Administrator shall consider the following standards:

1.         That all applicable requirements of Section 4.18 A and B are met;

2.         That there will be no unsanitary conditions or other detrimental effects upon the property, occupants, or adjacent properties;

3.         That, in the case of occupancy during construction, the use or structure is reasonably necessary for the convenience and safety of the construction proposed;

4.         That the use or structure does not impact the nature of the surrounding neighborhood;

5.         That access to the use, area, or structure is located at the least offensive point on the property.

 

E.         The Zoning Administrator may attach reasonable conditions to temporary uses or structures to ensure that the standards of this Section are met.

F.         All temporary dwellings, buildings, and uses shall be removed from the premises following the expiration of the permit and any extensions, or upon completion of the permanent building or structure.

SECTION 4.19 DISMANTLED VEHICLES AND DISCARDED MATERIALS

 

A.        No person, firm or corporation shall park, store or place upon any public or private property, public right-of-way or any premises zoned for any type of residential purpose any discarded materials, dismantled or partially dismantled motor vehicles, house trailer or any new or used parts unless the same is completely contained within a fully enclosed building and does not violate any township, county, state or federal laws, except for the following:

1.         Licensed and legally operable motor vehicles or trailers.

2.         Licensed and legally operable motor vehicles or trailers that are temporarily inoperable because of minor mechanical failure but which are not in any manner dismantled and have substantially all main components attached may remain on such private property for up to thirty (30) days.

3.         Not more than one vehicle in operable condition that has been redesigned or reconstructed for a purpose other than originally manufactured (such as a stock car or unlicensed vehicle) may be parked, stored or placed in the open, providing there is no building or garage where such may be stored.  No such modified vehicle may be parked in the front or side yard areas.

4.                  No repairing, modifying or dismantling operations shall be allowed upon any vehicle, trailer or parts upon any public property, public right-of-way or property zoned for residential purposes for a period in excess of seventy-two (72) hours except that which can be accomplished within a fully enclosed building or back yard and will not constitute a nuisance or annoyance to neighboring property owners or occupants and does not violate the provisions of this Ordinance.  All work done within the seventy-two (72) hour period shall not consist of any major repair, modifying or dismantling but only such occasional minor repair as may be required to maintain a vehicle, trailer or parts in normal operating condition.

 

B.         In the event of foregoing regulations create any special hardship beyond the control of a person, the Zoning Administrator may grant an additional period up to fourteen (14) days to accomplish the repairs provided that no neighboring property owners or occupants are adversely affected and the purpose of the regulations are maintained.

C.        Any parking, storing, placement or operation in violation of these regulations shall be declared a public nuisance by the Zoning Administrator (or other person designated by the Township Board to administer this Ordinance) and those responsible shall be subject to fines and/or other penalties specified herein.

D.        These regulations shall not prevent the operation of any licensed junkyard, salvage yard, body or paint shop legally operating within a proper zone as defined by this Ordinance and shall be in addition to any other laws or ordinances regarding refuse, litter, trash or junk control.

E.         In addition to any fine and/or penalty imposed by the Zoning Administrator or other person designated by the Township Board, the Board may cause the removal of any items which violate the terms of these regulations to be properly disposed of or sold.  Any costs incurred in this action shall be the responsibility of the person(s) in violation and may be subtracted from any proceeds if such items were sold, the balance being returned to the person(s) in violation.

SECTION 4.20 TRASH / GARBAGE DISPOSAL

 

No trash or refuse shall be stored on any premises unless contained and not a health hazard.  Burying of non-biodegradable or toxic waste, trash or refuse is prohibited.  If West Branch Township Board does not provide a trash collection system, then each resident is responsible for obtaining legal and timely trash / garbage collections services.

 

 

CHAPTER 5 DISTRICT REGULATIONS

 

SECTION 5.1 INTENT AND PURPOSE

 

For the purposes of this Ordinance, all land within West Branch Township , excepting the roadways and alleys, is divided into the following Zoning Districts:

 

AG       Agricultural District

FR       Forested / Rural Residential District

CE       Country Estate District

R-1      Low-density Residential District

R-2      Medium-density Residential District

C         Commercial District

I           Industrial District

UX       Mixed Use District

BR       Business Route I 75 Overlay District

AP       Airport Safety Overlay District

 

For the specific regulations and requirements of each of the districts listed above, refer to Sections 5.5 - 5.14.  Section 5.16 allows for and regulates Planned Developments (PD) within the above districts. 

 

Illegal uses under current Ogemaw County rules and regulations shall remain so under this Ordinance and shall not become non-conforming uses unless such illegal use is now allowed in the district in which it is located.  An agreement entered into with Ogemaw County in regards to such a use shall remain in effect and be enforced jointly by the Township and the County.

 

SECTION 5.2 OFFICIAL ZONING MAP

 

The boundaries of zoning districts are defined and established as shown on a map entitled the West Branch Township Zoning Map.  This map, with all explanatory matter thereon, is hereby made a part of this Ordinance.  The official Zoning Map shall be kept by the Township Clerk and shall be maintained by the Zoning Administrator.

 

SECTION 5.3 INTERPRETATION OF BOUNDARIES

 

Where uncertainty exists with respect to the boundaries of any of the districts indicated on the official Zoning Map, the following rules shall apply:

 

A.        Boundaries shown following streets or highways shall be presumed to follow the centerline of these roadways.

B.         Boundaries shown approximately following Township boundary lines or property lines shall be presumed to follow these lines.

C.        Boundaries shown approximately parallel to the centerline of streets or alleys shall be interpreted as being parallel thereto and at such a distance therefrom as indicated by given distance or scaled dimension.

SECTION 5.4 CLASSIFICATION OF USES NOT LISTED

 

The Zoning Board of Appeals shall have the power to classify a use which is not specifically mentioned by this Ordinance, as described in Chapter 11.  Said use shall be treated in a like manner with comparable uses, as determined by the Zoning Board of Appeals, and permitted and managed in accordance with the District Regulations found in any Zoning District.

SECTION 5.5 AGRICULTURAL DISTRICT ( AG )

 

The purpose and intent of the Agricultural District is to provide areas for commercial agricultural and farming operations, as well as limited residential uses.  This district is established to conserve and protect agricultural lands as an ecologically and economically valued resource by preventing the encroachment of urban land uses in predominantly agricultural areas where geographic and economic conditions favor continued agricultural production.

 

SECTION 5.5.1 PERMITTED PRINCIPAL USES

 

In an Agricultural District, no building, structure, land or water use shall be permitted except for one or more of the following:

 

All historically practiced general agricultural uses. (Large scale livestock enterprises see “Conditional Uses.”)

Farm dwellings, accessory buildings, farm labor housing:

1.   More than one farm dwelling shall not be permitted unless substantial evidence is provided that shows that the additional farm dwelling is necessary for the operation of the commercial farm.  In making the determination whether the additional farm dwelling is necessary for the farm operation, the Zoning Administrator shall take into consideration whether any non-farm dwellings already exist on the farm that may be used for that purpose.  Migrant housing shall be allowed in accordance with state regulations.

2.   A dwelling may be considered to be in conjunction with farm use or the propagation or harvesting of a forest product when located on a lot or parcel that is managed as part of a farm operation or woodlot.  A separate parcel five acres or larger must be created for a new dwelling unit.

3.   Farm dwellings in addition to the principal dwelling shall be located to minimize adverse affects upon productive areas for farm crops and livestock.

Churches and other religious institutions.

State licensed residential facilities—family day care home.

Residential single-family dwelling units. (Revised August 27, 2009).

Planned developments (see Section 5.16).

 

SECTION 5.5.2 CONDITIONAL USES

 

A.        The following uses are permitted in this district upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9.  The necessary conditions for approval of any of these uses shall be a demonstrated need for the use and the placement of the facility in a manner which least affects the productive agricultural land of the site and surrounding properties:

            (Revised August 27, 2009)

Agricultural research and development facilities, public and private.

Agricultural businesses or uses.

Bed and breakfast establishments.

Cemeteries.

Commercial windmills.

State licensed residential facilities—group day care home.

Kennels.

Large scale livestock enterprises.

Public or private outdoor recreation or park facilities.

Riding stables.

Rural businesses providing needed services to local and seasonal residents of areas surrounding a particular use.  These may include convenience stores with or without gasoline and other automotive products, garages or repair shops, offices, shops, other small business establishments.

Sawmills and other forestry related businesses.

Schools and commercial day care facilities.

Slaughter houses.

Telecommunication towers and antennas (see Section 4.10).

Secondary dwellings for an elderly or infirm family member during the period of convalescence or debility (see Section 5.5.5).

 

B.         A roadside stand for the sale of agricultural products, provided that:

1.         Adequate parking and maneuvering areas are provided to ensure safe vehicle ingress and egress and pedestrian movement within the site.

2.         The products sold at any stand are mainly grown or produced on the premises.

 

C.        A temporary manufactured home or an approved detached accessory structure for the living purposes during the construction of a permanent dwelling on the same lot.

1.         The manufactured home or approved structure will be removed within eighteen months or as soon as the original reason for the temporary dwelling has ceased whichever comes first;

2.         The manufactured home will be connected to an approved well and septic system; and,

3.         Will be anchored securely and properly and will follow all other applicable township, county, state, and federal regulations.

4.         The Zoning Administrator may in extraordinary circumstances extend the zoning permit for this use for one year.

 

SECTION 5.5.3 DEVELOPMENT STANDARDS

 

The following dimensional requirements shall be met for any use in this district, unless otherwise provided.

 

A.        Minimum farm parcel size:  Two (2) acres, or as specified in a project for which a Special Use Permit has been secured. (Revised August 27, 2009)

                                                                                         Commercial or other

                                                 Farm Buildings                   non-farm Structures

Minimum frontage                           200 feet                                200 feet

Minimum front setback                     50 feet                                  50 feet

Minimum side setback                      25 feet                                  25 feet

Minimum rear setback                      50 feet                                  50 feet

Maximum height                               95 feet                                  40 feet

 

B.         Residential developments shall be permitted within agricultural areas on non-productive farmland by designing a Planned Development in accordance with Section 5.16 of this Ordinance, with an underlying allowable dwelling unit density of one (1) dwelling unit per five (1) acres and a minimum of seventy-five (75%) percent permanently preserved un-built open space.  Minimum project area forty (10) acres. (Revised August 27, 2009)

 

C.        Metes-and-Bounds or platted lots for residential uses on non-productive farmland shall meet the following standards:

 

Minimum parcel size                                                                   2 acres

Minimum frontage                                                                       200 feet

Minimum front setback                                                                  50 feet

Minimum side setback                                                                  25 feet

Minimum rear setback                                                                   50 feet

Maximum height                                                                            35 feet

 

SECTION 5.5.4 PERFORMANCE STANDARDS

 

A.        Farming and approved ancillary activities shall be carried out conscious of neighboring uses.  Wherever feasible and justifiable, buffers of hedgerows, tree lots or other barriers should be maintained between different districts and uses to minimize conflicts.  Michigan Department of Agriculture “Generally Accepted Management Practices” (GAMPS) shall be used to determine whether a new use may be sited as proposed.  Setbacks prescribed in the GAMPS shall be used to assess the distances needed by a new use from existing residences and other uses.

B.         Deviations for farm lot size may be granted by the Planning Commission if applicant can prove the desired agricultural operation is a bonafide commercial agricultural operation.

C.        To the greatest degree practicable, land divisions, including single lot splits, must be designed to protect and preserve natural resources, productive farmland, and the culture and character of the area.

D.        Within all setbacks, landscape plantings shall be required by residential uses to buffer them from adjacent agricultural, or potential agricultural operations, and to retain the rural character of the area.

E.         All residential developments, or residential plots, units or parcels, and any other non-farm use within this district shall be devised with the understanding that agricultural operations are the primary use of this district and therefore layouts for residences and other non-farm uses shall be designed in such a manner as to protect farming and other agricultural operations from interference and nuisances.

 

SECTION 5.5.5 ACCESSORY STRUCTURES AND USES

 

Any use or structure customarily incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right.  Accessory structures shall generally be located in side or rear yards.

 

Home occupations as limited by this Ordinance are allowed in this district as an accessory use.  The planning Commission may allow, at its discretion, accessory structures to be used for home occupations (if there is a principal structure on the same parcel) subject to site plan review and/or a special use permit.

 

A secondary dwelling for an elderly or infirm family member during the period of convalescence or debility is allowed in this district as a Special Use as an accessory structure and use.

 

SECTION 5.5.6 MISCELLANEOUS REGULATIONS

 

The keeping of horses, ponies and other large farm animals is allowed on residential parcels of five (5) acres or larger within this district.

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.6 FORESTED / RURAL RESIDENTIAL ( FR )

 

The purpose and intent of this district is to preserve the forests of the Township while allowing residential development and other uses on private lands near State of Michigan Forest lands in such ways that will not hinder this objective.  To the greatest degree practicable, the integrity and contiguity of forest lands shall be maintained.

 

SECTION 5.6.1 PERMITTED PRINCIPAL USES

 

Single-family dwellings.

State licensed residential facilities—family day care home.

Planned developments (see Section 5.16).

 

SECTION 5.6.2 CONDITIONAL USES

 

A.        The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9.  Also see Section 4.15 for Landscaping Standards.

 

Agricultural businesses.

Bed and breakfast establishments.

Cemeteries.

Churches and other religious institutions.

Forestry related businesses.

State licensed residential facilities—group day care home.

Kennels.

Lodges and clubs.

Natural resource extraction operations.

Outdoor recreation establishments.

Schools and commercial day care facilities.

Telecommunication towers.

Secondary dwellings for an elderly or infirm family member during the period of convalescence or debility (see Section 5.6.5).

 

B.         A temporary manufactured home or an approved detached accessory structure for the living purposes during the construction of a permanent dwelling on the same lot.

1.         The manufactured home or approved structure will be removed within eighteen months or as soon as the original reason for the temporary dwelling has ceased whichever comes first;

2.         The manufactured home or approved structure will be connected to an approved well and septic system; and,

3.         Will be anchored securely and properly and will follow all other applicable township, county, state, and federal regulations.

4.         The Zoning Administrator may in extraordinary circumstances extend the zoning permit for this use for one year.

 

SECTION 5.6.3 DEVELOPMENT STANDARDS

 

A.        Metes-and-Bounds or platted lots for residential uses shall meet the following standards:

 

Minimum parcel size                                                                     5 acres

Minimum frontage                                                                       330 feet

Minimum front setback                                                                  50 feet

Minimum side setback                                                                   50 feet

Minimum rear setback                                                                   50 feet

Maximum height                                                       2½ stories or 35 feet

 

Flag lots may be created by Planning Commission action:  the driveway leg must have a minimum access of sixty-six (66) foot frontage on a public road and be separated from the nearest drive in accordance with Section 4.11.

 

B.         Residential developments shall be permitted within this district by designing a Planned Development in accordance with Section 5.16 of this Ordinance, with an underlying allowable dwelling unit density of one (1) dwelling unit per five (5) acres and a minimum of seventy-five (75%) percent permanently preserved unbuilt open space.  Minimum project area twenty (20) acres.

 

SECTION 5.6.4 PERFORMANCE STANDARDS

 

A.        All structures, roads and other infrastructure shall be placed in such a manner that will avoid the destruction of as few trees and natural terrain on a site or parcel as possible.

B.         Wooded unbuilt areas of a site or parcel shall be contiguous with forested areas of adjoining sites to promote the maintenance of large forested expanses without buildings, other structures, or infrastructure.

C.        Trees and other vegetation within buffer or setback areas shall be preserved to the greatest degree practicable.

D.        Unbuilt areas, suitable for such, should be reforested as part of a parcel’s Development Site Plan.

E.         All non-residential uses shall be situated and designed such that any potential nuisances or disturbances of surrounding properties shall be eliminated or mitigated to the greatest degree possible.

F.         Residences or other structures shall not be placed within fifty (50) feet of a creek or stream and a streamside non-disturbance area of twenty-five (25) feet shall be maintained except for an access route of cleared area to the water of no more than twenty (20) feet in width.

 

SECTION 5.6.5 ACCESSORY STRUCTURES AND USES

 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right.  A pole building or other storage building may be constructed without a principal structure provided setbacks are followed as set forth in Section 5.6.3.

Home occupations as limited by this Ordinance are allowed in this district as an accessory use.  The planning Commission may allow, at its discretion, accessory structures to be used for home occupations (if there is a principal structure on the same parcel) subject to site plan review and/or a special use permit.

 

A secondary dwelling for an elderly or infirm family member during the period of convalescence or debility is allowed in this district as a Special Use as an accessory structure and use.

 

SECTION 5.6.6 MISCELLANEOUS REGULATIONS

 

The keeping of horses, ponies, or other large livestock shall require a minimum of five (5) acres. No manure piles or other similar debris shall be kept within one hundred (100) feet of any lot line.

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.7 COUNTRY ESTATE DISTRICT ( CE )

 

The Country Estate District is established to provide for large site rural home development.  The district is intended to discourage non-agricultural development in the AG district by providing suitable and sufficient territory for low-density residential development in this rural area outside the AG and FR districts..

 

SECTION 5.7.1 PERMITTED PRINCIPAL USES

 

Agriculture, excluding the operation of large scale livestock enterprises.

Single-family dwellings.

State licensed residential facilities—family day care home.

Planned developments (see Section 5.16).

 

SECTION 5.7.2 CONDITIONAL USES

 

The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9.  Also see Section 4.15 for Landscaping Standards.

 

A.        Bed and breakfast establishments.

Cemeteries.

Churches and other religious institutions.

State licensed residential facilities—group day care home.

Lodges and Clubs.

Private stables, accessory to and on the same parcel as a principal dwelling.

Public and private outdoor recreational establishments excluding rifle ranges or gun clubs.

Schools and day care facilities.

Secondary dwellings for an elderly or infirm family member during the period of convalescence or debility (see Section 5.7.5).

 

B.         A roadside stand for the sale of agricultural products, provided that:

1.         Adequate parking and maneuvering areas are provided to ensure safe vehicle ingress and egress and pedestrian movement within the site.

2.         The products sold at any stand are mainly grown or produced on the premises.

 

C.        A temporary manufactured home or an approved detached accessory structure for the living purposes during the construction of a permanent dwelling on the same lot.

1.         The manufactured home or approved structure will be removed within eighteen months or as soon as the original reason for the temporary dwelling has ceased whichever comes first;

2.         The manufactured home or approved structure will be connected to an approved well and septic system; and,

3.         Will be anchored securely and properly and will follow all other applicable township, county, state, and federal regulations.

4.         The Zoning Administrator may in extraordinary circumstances extend the zoning permit for this use for one year.

SECTION 5.7.3 DEVELOPMENT STANDARDS

 

A.        The following dimensional requirements shall be met for any use in this district, unless otherwise provided.

 

Minimum parcel size                                                                     5 acres

Minimum frontage                                                                       330 feet

Minimum front setback                                                                  50 feet

Minimum side setback                                                                   50 feet

Minimum rear setback                                                                   50 feet

Maximum height                                                      2 ½ stories or 35 feet

                                                           or as approved in a Planned Development.

 

B.         Residential developments shall be permitted in this district by designing a Planned Development in accordance with Section 5.16 with an underlying allowable dwelling unit density of one (1) dwelling unit per five (5) acres and a minimum of seventy-five (75%) percent permanently preserved open space.  Minimum project area of twenty (20) acres.

 

SECTION 5.7.4 PERFORMANCE STANDARDS

 

A.        All structures, roads and other infrastructure shall be placed in such a manner that will avoid the destruction of as few trees and natural terrain on a site or parcel as possible.

B.         Wooded un-built areas of a site or parcel should be contiguous with forested areas of adjoining sites to promote the maintenance of large forested expanses without buildings, other structures, or infrastructure.

C.         Any permitted non-residential uses shall be situated and designed such that any potential nuisances or disturbances of surrounding properties shall be eliminated or mitigated to the greatest degree possible.

D.        Planned developments and conditional uses must be designed so as not to affect adjacent or other district estate holdings.

E.         Both residential and commercial uses shall be designed and conducted to limit noise, artificial light, and other bothersome effects.

 

SECTION 5.7.5 ACCESSORY STRUCTURES AND USES

 

Any use or structure customarily incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right.  Accessory structures shall generally be located in side or rear yards.

 

Home occupations as limited by this Ordinance are allowed in this district as an accessory use.  The Planning Commission may allow, at its discretion, accessory structures to be used for home occupations (if there is a principal structure on the same parcel) subject to site plan and/or a special use permit.

 

A secondary dwelling for an elderly or infirm family member during the period of convalescence or debility is allowed in this district as a Special Use as an accessory structure and use.

SECTION 5.7.6 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.8 LOW-DENSITY RESIDENTIAL DISTRICT ( R-1 )

 

The purpose and intent of this district is to provide a stable and sound family residential environment with its appropriate neighborhood related urban utilities, facilities, and services.  In this district, low-density urban residential development will be permitted through the construction and occupancy of single-family dwellings on relatively large urban lots.

 

SECTION 5.8.1 PERMITTED PRINCIPAL USES

 

Single-family dwellings.

Public outdoor recreational facilities.

State licensed residential facilities—family day care home.

Planned developments (see Section 5.16).

 

SECTION 5.8.2 CONDITIONAL USES

 

The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9.  Also see Section 4.15 for Landscaping Standards.

 

Bed and breakfast establishments.

Cemeteries.

Churches and other religious institutions.

Contractors offices not including outdoor storage of materials or vehicles.

State licensed residential facilities—group day care home.

Hospitals, nursing homes, and housing for the elderly.

Municipal buildings, not including outdoor storage of materials or vehicles and further excluding correctional facilities.

Private outdoor recreational facilities, i.e. golf courses or country clubs.

Public utility or service buildings, not requiring outdoor storage or material.

Commercial day care facilities.

 

SECTION 5.8.3 DEVELOPMENT STANDARDS

 

A.        The following dimensional requirements shall be met for any use in this district, unless otherwise provided.

 

Minimum parcel size                                                                     2 acres

Minimum lot frontage:                                                                  200 feet

Minimum front setback                                                                  50 feet

Minimum side setback                                                                   25 feet

Minimum rear setback                                                                   50 feet

Maximum height                           2 ½ stories or 35 feet, whichever is less

                                                            or as approved in a Planned Development

 

B.         Residential developments shall be permitted within this district by designing a Planned Development in accordance with Section 5.16 of this Ordinance, with an underlying allowable dwelling unit density of two (2) acres or one dwelling unit per one (1) acre density and a minimum of sixty (60%) percent permanently preserved unbuilt open space. Minimum project area ten (10) acres.

 

SECTION 5.8.4 PERFORMANCE STANDARDS

 

A.        Higher density housing will only be allowed where services and facilities warrant them.  All landscaping, parking, and other requirements of this Ordinance and other appropriate agencies and authorities shall be followed.

B.         In designing home sites and developments, care shall be taken to preserve the quality of the Township’s natural environment.  Proper drainage including retention and detention areas shall be provided and buffer areas shall be provided along the creeks and streams within this district.

C.        Streets and roads shall integrate rationally into the county and city road networks.  Connections to existing streets shall be required where appropriate.  Driveways onto a county primary road shall be no closer than three hundred fifty (350) feet (see Section 4.11).

D.        Residential developments in rural portions of the district shall retain trees and other vegetation between the developed portions of a project and the county road rights-of-way.

E.         Based upon site conditions, specific setbacks, buffers, and other requirements may be placed upon special uses (including multi-family developments) to ensure safety and harmony between these special uses and other uses within the district.

 

SECTION 5.8.5 ACCESSORY STRUCTURES AND USES

 

Uses and structures incidental to a permitted principal use not otherwise regulated by this Ordinance are allowed by right.  Accessory structures shall be constructed generally in rear and side yards. Accessory structures shall be limited to two (2) per the first 2 acres; the two structures limited to a total of 2,800 sq. ft. One (1) additional accessory structure shall be allowed for an additional five acres with its maximum size to be 2,800 sq. ft.

 

Home occupations as limited by this Ordinance are allowed in this district as an accessory use.  The Planning Commission may allow, at its discretion, accessory structures to be used for home occupations (if there is a principal structure on the same parcel) subject to site plan review and/or a special use permit.

 

SECTION 5.8.6 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

 

SECTION 5.9 MEDIUM-DENSITY RESIDENTIAL DISTRICT ( R-2 )

 

The purpose and intent of this district is to provide for development of family homes at medium densities.  The district is meant to encourage the development of attractive single residential areas with compatible services and amenities.

 

SECTION 5.9.1 PERMITTED PRINCIPAL USES

 

Single-family dwellings.

Two-family dwellings (duplexes).

State licensed residential facilities—family day care homes.

Planned developments (see Section 5.16).

 

SECTION 5.9.2 CONDITIONAL USES

 

The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9. Also see Section 4.15 for Landscaping Standards.

 

Bed and breakfast establishments.

Cemeteries.

Churches and other religious buildings.

State licensed residential facilities—group day care home.

Multi-Family dwellings (limited to eight dwellings per unit)

Public and private parks.

Public and private schools.

 

SECTION 5.9.3 DEVELOPMENT STANDARDS

 

A.        The following dimensional requirements shall be met for any use in this district, unless otherwise provided.

                                              With public sewer                        Without public sewer

Minimum parcel size               12,000 square feet                           16,000 square feet

Duplex minimum parcel

size per unit                         9,000 square feet                            12,000 square feet

Minimum frontage                                     75 feet                                              85 feet

Minimum front setback                              25 feet                                              25 feet

Minimum side setback                         10 feet                                              10 feet

Minimum rear setback                              30 feet                                              30 feet

Maximum height                                       30 feet                                              30 feet

 

B.         Residential developments shall be permitted within this district by designing a Planned Development in accordance with Section 5.16 of this Ordinance, following the densities above and a minimum of fifty (50%) percent permanently preserved un-built open space.  Minimum project area five (5) acres.

SECTION 5.9.4 PERFORMANCE STANDARDS

 

A.        In designing home sites and developments, care shall be taken to preserve the quality of the Township’s natural environment.  Proper drainage including retention and detention areas shall be provided and buffer areas shall be provided along the creeks and streams within this district.

B.         Streets and roads shall integrate rationally into the county and city road networks.  Connections to existing streets shall be required where appropriate.  Driveways onto a county primary road shall be no closer than three hundred fifty (350) feet (see Section 4.11).

C.        Residential developments in rural portions of the district shall retain trees and other vegetation between the developed portions of a project and the county road rights-of-way.

D.        Based upon site conditions, specific setbacks, buffers, and other requirements may be placed upon special uses (including multi-family developments) to ensure safety and harmony between these special uses and other uses within the district.

 

SECTION 5.9.5 ACCESSORY STRUCTURES AND USES

 

Uses and structures incidental to a permitted principal use not otherwise regulated by this Ordinance are allowed by right.  No accessory structure or detached garage, may be higher or larger than the primary structure on a lot and accessory structures cannot be greater in square footage than the living area footprint of the primary dwelling.  No accessory structure shall be located in a front yard; and all accessory structures must be located a minimum of ten (10) feet from any side or rear lot line.  No more than two (2) accessory structures are allowed on a parcel or lot.

 

Home occupations as limited by this Ordinance are allowed in this district as an accessory use.  Accessory structures may not be used for home occupations unless the lot or parcel is two acres or larger.

 

SECTION 5.9.6 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.10 COMMERCIAL DISTRICT ( C )

 

The purpose and intent of this district is to provide locations for commercial uses in the Township.  Permitted uses are small and primarily local and are intended to serve township residents and travelers on the state trunklines.  All proposed commercial uses are required to submit a Development Site Plan in accordance with Chapter 9 of this Ordinance. 

 

SECTION 5.10.1 PERMITTED PRINCIPAL USES

 

General retail, office, financial, and service businesses.

Restaurants, not including drive-through restaurants.

Planned developments (see Section 5.16).

 

SECTION 5.10.2 CONDITIONAL USES

 

The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9. Also see Section 4.15 for Landscaping Standards.

 

Building supply yards, warehouses, and wholesale businesses.

Coin-operated laundries.

Contractors and builders establishments.

Commercial day care centers.

Drive-through businesses.

Hotels and motels.

Indoor recreation establishments, such as bowling alleys, skating rinks, and arcades.

Mortuaries and funeral homes.

Motor vehicle sales and/or repair facilities.

Motor vehicle service facilities, including gas stations and car washes.

Residential dwellings - single-family, duplex, and multi-family.

Self-service storage facilities.

Taverns, bars, and similar establishments not providing adult entertainment.

Theaters.

 

SECTION 5.10.3 DEVELOPMENT STANDARDS

 

A.        The following dimensional requirements shall be met for any use in this district, unless otherwise provided.

 

                                              With public sewer                        Without public sewer

Minimum parcel size               25,000 square feet                                          1 acre

Minimum frontage                                   200 feet                                      200 feet

Minimum front setback                              50 feet                                        50 feet

Minimum side setback             10 feet, or zero if proper access, building, and fire codes are met

Minimum rear setback                               25 feet                                        25 feet

Maximum height                                        35 feet                                        35 feet

 

B.         Minimum Planned Residential Development project area is five (5) acres with an allowable unit density of one (1) dwelling unit per one (1) acre and a minimum of fifty (50%) percent permanently preserved unbuilt open space.

C.        Minimum Planned Commercial Development project area is one (1) acre.  Developments shall follow development standards above for density requirements.

 

SECTION 5.10.4 PERFORMANCE STANDARDS

 

A.        This district intends that commercial development take place primarily adjacent to the City of West Branch and at the crossroads of M 55 and M 33 and that new development shall be directed toward infill and/or rehabilitation of existing commercial sites.

B.         A street tree and landscape planting plan shall be followed.

C.        Driveways shall be kept to a minimum and service drives and/or parking areas must be connected to neighboring lots or to the lot lines between adjoining commercial parcels.  Access Management Guidelines developed by the Michigan Department of Transportation shall be used to assess compliance with this standard.

D.        Parking shall contain treed landscape islands or isles if a lot has over sixteen (16) parking spaces.

E.         Buffers and proper drainage devices shall be provided to ensure protection of township creeks, streams, and other waterways.

F.         Where appropriate, minimum four (4) foot sidewalks shall be provided.

G.        All storage shall be within a structure or completely screened from public view.

H.        Commercial establishments adjacent to residential areas shall provide an opaque screen (landscaping, fencing, or berms) at these property boundaries and carry on no activities including parking or storage within a rear or side yard setback adjacent to a residential district.

 

SECTION 5.10.5 ACCESSORY STRUCTURES AND USES

 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right and must be located in a side or rear yard only.  Unlicensed trailers and transit containers must be housed within the principal structure or in an approved permanent accessory structure.  Temporary transfer storage and any other exterior accumulation of goods or equipment shall not be allowed unless as part of an approved site plan.

 

Home occupations as limited by this Ordinance are allowed in this district as an accessory use and shall become a part of the Special Use Permit regulating the residential dwelling.

 

SECTION 5.10.6 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.11 INDUSTRIAL ( I )

 

The purpose of this district is to provide for areas where moderate scale industrial activities may occur within the Township.  These areas will primarily be adjacent to the current industrial areas of the City of West Branch and where utilities, roads, and other necessary services are available.

 

SECTION 5.11.1 PERMITTED PRINCIPAL USES

 

Building supply yards, warehouses, and wholesale businesses.

Contractors and builders establishments.

Design, manufacturing, processing, packaging, treatment or use of previously prepared materials.

Laundry and dry cleaning plants.

Motor vehicle sales and/or repair operations.

Motor vehicle service businesses.

Office buildings.

Printing and publishing plants.

Storage facilities.

Utility transforming stations and other installations.

Planned developments (see Section 5.11.3 B and Section 5.16).

 

SECTION 5.11.2 CONDITIONAL USES

 

The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9. Also see Section 4.15 for  Landscaping Standards.

 

Commercial day care centers, except in a designated U.S. EPA Brownfield Program District.

Telecommunications towers and antennas (see Section 4.10).

 

Any industrial use not specifically listed above may be submitted for a Special Use Permit in accordance with Section 8 of this Ordinance.  The primary criterion for the Planning Commission accepting an application for review, to be determined solely at the Commission’s discretion, will be the suitability of the proposed use at the proposed location.  Factors used in this determination will include, but will not be limited to, the character of the neighborhood, necessary infrastructure availability, availability of a more appropriate site within the Township, traffic and roadway requirements, and the other elements of the proposed site plan submitted by the applicant.

SECTION 5.11.3 DEVELOPMENT STANDARDS

 

A.        The following dimensional requirements shall be met for any use in this district, unless otherwise provided.

                                              With public sewer                        Without public sewer

Minimum parcel size               10,000 square feet                                          1 acre

Minimum frontage                                     75 feet                                      200 feet

Minimum front setback                              25 feet                                        50 feet

Minimum side setback                               10 feet*                                      25 feet*

Minimum rear setback                               30 feet                                        50 feet

Maximum height                                        50 feet                                        50 feet

*Minimum setback distance from another district boundary is fifty (50) feet.

B.         Industrial Parks may be permitted within this district by designing a Planned Development in accordance with Section 5.16 of this Ordinance, following the densities above and a minimum of fifty (50%) percent permanently preserved un-built open space.  Minimum project area two (2) acres.

 

SECTION 5.11.4 PERFORMANCE STANDARDS

 

A.        Proposed activities shall provide for all necessary infrastructure to the site.

B.         Ingress and egress drives shall be kept to a minimum, and where appropriate, service drives shall connect businesses.  Flare or turning lanes may be required at highway entries.

C.        Buffers and proper drainage devices shall be provided to ensure protection of township creeks, streams, and other waterways.

D.        A street tree and landscape planting plan shall be followed.

E.         All storage shall be within a structure or screened from public view.

F.         Industrial operations adjacent to residential areas shall provide an opaque screen (landscaping, fencing, or berms) at these property boundaries and carry on no activities including parking or storage within a rear or side yard setback adjacent to a residential district.

 

SECTION 5.11.5 ACCESSORY STRUCTURES

 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right and must be located in side or rear yards only.

 

SECTION 5.11.6 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.12 MIXED USE DISTRICT ( UX )

 

The purpose and intent of this district is to provide areas within the Township where traditional high-density, urban development may occur with a mixture of uses.  Sewer, water systems, and other infrastructure may be necessary for these uses within this district.  See Business Route I 75 Overlay District for additional uses and regulations.

 

SECTION 5.12.1 PERMITTED PRINCIPAL USES

 

A.        The following residential uses:

 

Single-family detached dwellings.

Single-family attached dwellings.

Duplex dwellings.

Townhouse dwellings.

Accessory dwellings.

State licensed residential facilities—family day care home.

 

B.         Public and semi-public uses, including community meetings halls, public or private schools, athletic clubs, museums, libraries, parks and playgrounds and structures typically constructed as part of these types of facilities.

 

C.        The following commercial uses:

 

Banks and other financial institutions without drive-through banking facilities.

Offices and personal service establishments.

Retail stores.

Restaurants, without drive-through or drive-in facilities.

 

 

D.        Planned Developments in accordance with Section 5.16 when more than one use or one structure is included for a specific parcel of property.

 

SECTION 5.12.2 CONDITIONAL USES

 

A.        Wireless telecommunication antenna towers and equipment shelter buildings shall be allowed under the following conditions:

1.         Maximum height forty-two (42) feet.

2.         Designed and constructed to be inconspicuous in their intended locations.

3.         Co-location with other servers is mandatory.

4.         Provision of a positive environmental assessment.

5.         A statement providing the proof of need for the proposed tower.

6.         Equipment shelter buildings and other accessory structures shall meet all the requirements for similar structures in this district.

B.         The following uses require a Special Use Permit in accordance with Chapter 8.

 

Apartment dwellings / multi-family dwellings.

Bed and Breakfast establishments.

Churches.

Coin-operated laundries.

Commercial day care facilities.

Contractors and builders establishments.

Drive-through businesses.

Hotels and motels.

Indoor recreation establishments.

Mortuaries / funeral homes.

State licensed residential facilities—group day care home.

Taverns and bars.

Theaters.

 

SECTION 5.12.3 DEVELOPMENT STANDARDS

 

High density uses must conform to the development standards that follow for each type allowed. All uses in this district require Site Plan Review except a single-family residence (see Chapter 9).

 

A.        Single-family detached units:

 

                                              With public sewer                        Without public sewer

Minimum parcel size:               8,000 square feet                            15,000 square feet

Minimum lot width at

   front yard setback line:                          75 feet                                            100 feet

Minimum lot depth:                                100 feet                                            100 feet

Minimum yard dimensions:

   Front yard:                                           25 feet                                              25 feet

   Side yard:                                             10 feet                                              10 feet

   Rear yard:                                            25 feet                                              25 feet

Maximum building height:                         35 feet                                              35 feet

Rear yard parking preferred, alleys optional.

 

Additional standards for accessory structures and dwellings: an accessory structure or dwelling located on the same lot as a detached single-family dwelling shall additionally comply with the standards as specified above without modification, except that a detached accessory dwelling shall be limited to a maximum building height of twenty-five (25) feet.

 

Area and bulk standards for flag lots: flag lots shall comply with the above specified area and bulk standards, except that minimum lot width at the street line and minimum lot width at the front yard setback line shall be twenty (20) feet and a minimum yard setback dimension for all yards shall be twenty-five (25) feet.

B.         Single-family dwellings with attached units:

                                              With public sewer                        Without public sewer

Minimum parcel size per dwelling

   unit / office commercial:       11,000 square feet                           15,000 square feet

Minimum lot width at

   front yard setback line:                           85 feet                                           110 feet

Minimum lot depth:                                 100 feet                                           100 feet

Minimum yard dimensions:

   Front yard:                                            25 feet                                             25 feet

   Side yard:                                              10 feet                                             10 feet

   Rear yard:                                             25 feet                                             25 feet

Maximum building height:                          35 feet                                             35 feet

Rear or side yard parking preferred, alley access optional.

 

Attached structure shall be subordinate to the main structure characterized at minimum by a lower ridge line.

 

C.        Duplex Dwellings

                                              With public sewer                        Without public sewer

Minimum parcel size:              15,000 square feet                           20,000 square feet

Minimum lot width (per dwelling unit)

   at front yard setback line:                     100 feet                                            100 feet

Minimum lot depth:                                 100 feet                                            100 feet

Minimum yard dimensions:

   Front yard:                                            25 feet                                              25 feet

   Side yard:                                              10 feet                                              10 feet

   Rear yard:                                             25 feet                                              25 feet

Maximum building height:                          35 feet                                              35 feet

Rear yard parking and alley preferred.

 

D.        Townhouse Dwellings (3 - 8 units per building)

                                              With public sewer                        Without public sewer

Minimum parcel size per

   dwelling unit:                         8,000 square feet                                                1 acre

Minimum lot width (per dwelling unit)

   at front yard setback line:                      33 feet                                               33 feet

Minimum lot depth:                                100 feet                                             100 feet

Minimum yard dimensions:

   Front yard:                                           25 feet                                               25 feet

   Side yard (end of each row):                 10 feet                                               10 feet

   Rear yard:                                            25 feet                                               25 feet

Maximum building size:                                      Eight (8) dwelling units in a row

Minimum interior yards

Open Space between blds.:                 20 feet                                               20 feet

Maximum building height:                         35 feet                                               35 feet

Rear yard garage and alleys preferred.

E.         Apartment Dwellings

 

                                              With public sewer                        Without public sewer

Minimum parcel size per

   building:                               20,000 square feet                                               1 acre

Minimum lot width at

   front yard setback line:                         120 feet                                           120 feet

Minimum lot depth:                                  100 feet                                           100 feet

Minimum yard dimensions:

   Front yard:                                             25 feet                                             25 feet

   Side yard:                                              10 feet                                             10 feet

   Rear yard:                                              25 feet                                             25 feet

Minimum interior yards

   Open Space between bldgs.:                  20 feet                                             20 feet

Maximum building size:                twelve (12) dwelling units in a building, 96 ft. in length

Maximum building height:                           35 feet                                             35 feet

Rear yard parking and alley access are preferred.

 

F.         Commercial and Mixed Use Buildings

 

                                              With public sewer                        Without public sewer

Minimum parcel size:              10,000 square feet                           30,000 square feet

Minimum lot width at

   front yard setback line:                           75 feet                                           110 feet

Minimum lot depth:                                 100 feet                                           100 feet

Minimum yard dimensions:

   Front yard:                                            10 feet                                             10 feet

   Side yard:                              zero (0), if attached to adjacent building and meets fire

                                     and building codes, or a minimum of 10 feet, if not

   Rear yard                                              25 feet                                             25 feet

Maximum building height:                          35 feet                                             35 feet

Service drives may be required.

 

G.        Community Facilities, Institutional and Religious Buildings :

 

                                              With public sewer                        Without public sewer

Minimum parcel size:              20,000 square feet                                               1 acre

Minimum lot width at

   front yard setback line:                         100 feet                                           100 feet

Minimum lot depth:                                  110 feet                                           110 feet

Minimum yard dimensions:

   Front yard:                                             30 feet                                             30 feet

   Side yard:                                              25 feet                                             25 feet

   Rear yard:                                              75 feet                                             75 feet

Maximum building height:                           35 feet                                             35 feet

Off-street parking recommended to be in rear or side yards.  Alleys and service drives may be required.

H.        Required Off-street Parking in Urban Areas

 

These requirements take precedence over the parking requirements of Chapter 6 in Urban Mixed Use Districts only.

 

1.         Off-street parking in village areas shall be provided according to minimum requirements as specified below.  All parking and lane areas must be paved with concrete or bituminous material.

 

Use                                                      Required Parking

 

Single-family                                         Two parking spaces per unit

Townhouse and duplex                         One space per first bedroom plus half of a space per each additional bedroom

Apartment dwellings                             One space per bedroom

Accessory dwellings                             One space per bedroom

Retail                                                    One space for the first one thousand (1,000) square feet and one space for each additional seven hundred fifty (750) square feet

Office uses                                           One space for each five hundred (500) square feet of gross floor area

Institutional / Churches                          One space for each four (4) seats

 

2.         Off-street parking for commercial uses shall be sufficient to provide parking for the employees as well as long-term customer parking.  Off-street parking lots shall be prohibited in any front yard setback area, preferably located at the rear of buildings, and shall be accessed by means of common driveways, preferably from side streets or lanes.  Such lots shall be small-sized (less than 25 parking spaces), where possible, and interconnected with commercial or public parking lots on adjacent properties.  Cross-access easements, acceptable to the Township, for adjacent lots with interconnected parking lots shall be required.  Common, shared parking facilities are encouraged, where possible.

3.         Parking for all dwelling units shall be discouraged in front yard setback areas.  Driveways are discouraged in any front yard area.  Driveway access should be from lanes or alleys. Driveways shall be setback a minimum of three (3) feet from any side property line, unless such driveway is shared by buildings on two (2) adjacent lots.  Parking for townhouses shall be provided in a common off-street parking area or in garages or parking spaces with access from a rear lane wherever possible.  Private driveways for townhouses shall connect to lanes only and not a street.  However, a common driveway serving a minimum of eight (8) units and not exceeding eighteen (18) feet in width may be permitted from a street.  Parking for apartments may be located in common parking lots located on a lot other than that containing the apartment building, but within four hundred (400) feet of the apartment building entrances.  If access to a garage is provided from a street, the front entrance of such a garage shall be setback fifteen feet further than the front wall of the dwelling unit.  The location of a garage shall be setback a minimum of six (6) feet from side or rear property line.

4.         Parking Lot Landscaping, Buffering, and Screening.

a.         Lots for apartment and non-residential uses shall balance the functional requirements of parking with the provision of pedestrian needs.  Transition areas between parking and civic, commercial, or residential uses should be designed with textured paving, landscaping, and street furniture.

b.         Parking lot layout, landscaping, buffering, and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spill-over light, glare, noise, or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade.  In order to achieve these objectives, parking lots exposed to view shall be surrounded by a minimum of three (3) foot high, year-round visually impervious screen, hedge, or wall.  The height of any required screen, hedge, or wall shall decrease where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians or bicyclists from motor vehicles, and shall not interfere with clear sight triangle requirements.

c.         The interior of all parking lots shall be landscaped to provide shade and visual relief.  This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot.  Parking lots with ten or less spaces may not require interior landscaping if the Planning Commission determines that there is adequate perimeter landscaping.  If this perimeter landscaping is found to be inadequate, and in parking lots with eleven (11) or more spaces, a minimum of one (1) deciduous shade tree, two and one-half (2 ½) inch caliper, shall be planted for every ten (10) parking spaces.  Planting areas shall be as large as possible, but no smaller than 10 feet x 20 feet or an equivalent planter is required.  Choice of plant materials, buffer width, type of screening, location, and frequency of tree planting shall be flexible, but shall ensure the above objectives are satisfied.

d.         Parking lot layout shall take into consideration pedestrian circulation.

 

I.          Planned Developments may be designed in accordance with Section 5.16 with a minimum of twenty-five (25%) percent permanently preserved unbuilt open space required.

 

SECTION 5.12.4 PERFORMANCE STANDARDS

 

A.        All uses in this district shall be subject to Chapter 9, Development Site Plan Review.

B.         Any use allowed in this district shall be situated and operated in order that it shall not become a nuisance to its neighbors.  Commercial uses shall be generally situated along major roads, in core areas or on major streets.  The decision as to the appropriateness of the use and location shall be at the sole discretion of the Planning Commission.

C.        All commercial and industrial activities and operations shall be carried on within an enclosed structure unless specifically permitted to do otherwise by a Special Use Permit.

D.        Five foot wide sidewalks are required and trailways and bike paths may be required in accordance with adopted Township Plans.

E.         The following standards shall be used to measure Urban Mixed Use District Projects:

1.         Sewerage - Adequate facilities to handle the total build-out proposed and not endanger area ground water quality.  (Monitor wells may be required by the Planning Commission upon recommendation by the appropriate health authorities.)

2.         Water - Adequate facilities to handle total build-out proposed and not endanger area ground water quality.

3.         Fire - Proposed project will not lower the current response time.

4.         Police - Proposed project will not lower the current response time.

5.         Traffic - Proposed project will not cause the service at proposed entryways or nearby intersections to fall below level C or level D at peak times of the day in accordance with the Institute of Transportation Engineers standards of current adoption.

6.         Drainage - Storm drainage resulting from a project shall be handled on-site or in conformance with an approved area plan and with the county regulations governing storm drainage.

7.         Physical conditions and natural features - Local prominent features and attributes, such as streams, woodlots, ridges, shall be preserved or enhanced where appropriate.

 

SECTION 5.12.5 ACCESSORY STRUCTURE AND USES

 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance shall be allowed as designated on an approved site plan.  No temporary storage structures or trailers may be used in this district. Accessory structures shall be limited to two (2) per lot or parcel; the two (2) accessory structures shall be limited to a total of 700 sq. ft. 

Home occupations as limited by this Ordinance are allowed in this district as an accessory use. 

 

SECTION 5.12.6 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

SECTION 5.13 BUSINESS ROUTE I 75 OVERLAY DISTRICT ( BR )

 

The purpose and intent of this overlay district is to provide for more intensive commercial activity along the Business Route I 75 corridor while still encouraging traditional small town, mixed use development in areas adjacent to the City of West Branch.  All uses allowed in this Overlay District shall be special uses within the Urban Mixed Use district and are subject to Special Use Permit and Development Site Plan Review approval.  Standards required for their establishment which follow are in addition to and supplement those of the Urban Mixed Use District (Section 5.12).

 

SECTION 5.13.1 CONDITIONAL USES

 

The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9.  Also see Section 4.15 for Landscaping Standards.

Adult entertainment.

Building supply yards, warehouses, and wholesale businesses.

Commercial recreation.

Contractors and builders establishments.

Commercial day care facilities.

Drive-through businesses.

General retail and service businesses.

Hotels and motels.

Light manufacturing operations.

Motor vehicle service operations.

Outdoor Advertising Structures (see Section 7.3).

Restaurants.

Storage facilities.

Theaters.

Planned Developments.

 

SECTION 5.13.2 DEVELOPMENT STANDARDS

 

A.        The following dimensional requirements shall be met for any use in this district, unless otherwise provided. (Revised August 27, 2009)

Minimum parcel size                                                         25,000 square feet

Minimum frontage                                                                               200 feet

Minimum setback from Interstate Highway                                      50 feet

Minimum front setback                                                                         50 feet

Minimum side setback                                                                          20 feet

Minimum rear setback                                                                           30 feet

Maximum height                                                                                     45 feet

 

B.         Industrial Parks may be permitted within this district by designing a Planned Development in accordance with Section 5.16 of this Ordinance, following the densities above and a minimum of fifty (50%) percent permanently preserved un-built open space.  Minimum project area two (2) acres.

SECTION 5.13.3 PERFORMANCE STANDARDS

 

A.        Provisions of adequate public services is necessary for all uses.

B.         Ingress and egress drives shall be kept to a minimum, and where appropriate, service drives shall connect businesses.  Flare or turning lanes may be required at highway entries.

C.        Buffers and proper drainage devices shall be provided to ensure proper storm water management and protection of township creeks, streams, and other waterways.

D.        A street tree and landscape planting plan shall be followed.

E.         Where appropriate, minimum four (4) foot sidewalks shall be provided.

F.         All storage shall be within a structure or completely screened from public view.

G.        Business route businesses adjacent to residential areas shall provide an opaque screen (landscaping, fencing, or berms) at these property boundaries and carry on no activities including parking or storage within a rear or side yard setback adjacent to a residential district.

H.        All uses shall adhere to any district design or development standards created for the corridor by the planning commission or the downtown development authority.

 

SECTION 5.13.4 ACCESSORY STRUCTURES AND USES

 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right but must be located on an amended site plan and must be located in a side or rear yard only.  Accessory structures in this district must follow the same setbacks required for principal structures.  No temporary storage structures or trailers may be used in this district.

 

SECTION 5.13.5 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

 

SECTION 5.14 AIRPORT SAFETY OVERLAY DISTRICT ( AP )

 

The purpose and intent of this overlay district is to provide safety zones adjacent to and in the vicinity of the West Branch Community Airport in order to prevent land uses that may cause or be the occasion of an aircraft accident in accordance with Sec. 203 (2) of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, and the Airport Zoning Act, P.A. 23 of 1950, as amended. (Revised August 27, 2009).

 

SECTION 5.14.1 CONDITIONAL USES

 

The Michigan Department of Transportation, Aeronautics Division has prepared and the Michigan Aeronautics Commission has approved an Airport Approach Plan prepared pursuant to Section 151 of the Michigan Aeronautics Code, P.A. 327 of 1945, as amended, for the West Branch Community Airport.   The Airport Approach Plan is illustrated in Figure 5, "Airport Accident Safety Zone Diagram."  In accordance with Figure 5, “Aircraft Accident Safety Zone Diagram” the areas adjacent to the West Branch Community Airport are classified into five zones as shown in Figure 5.  The sections which follow outline the allowed or proscribed uses.  Uses requested in the underlying zone(s) shall be reviewed to ensure their conformance to this Chapter and its regulations. (Revised August 27, 2009)

 

SECTION 5.14.2 ZONE ONE ( 1 ) RUNWAY PROTECTION ZONE

 

Residential land uses are prohibited.  All non-residential land uses and special function land uses are allowed subject to review and approval based upon the conditions set forth within this Section (5.14).  Land uses which concentrate people indoors or outdoors shall be avoided and shall not exceed a density of zero to five (0-5) people per acre.  Allowed land uses shall be relatively unoccupied by people (i.e., mini-storage, small parking lots). (Revised August 27, 2009)

 

SECTION 5.14.3 ZONE TWO ( 2 ) INNER SAFETY ZONE

 

Residential land uses are prohibited.  All non-residential land uses and special function land uses are allowed subject to review and approval based upon the conditions set forth within this Section (5.14).  Land uses which concentrate people indoors or outdoors shall be avoided and shall not exceed a density of  zero to five (0-5) people per acre.  Allowed land uses shall be relatively unoccupied by people (i.e., mini-storage, small parking lots).    (Revised August 27, 2009)

 

SECTION 5.14.4 ZONE THREE ( 3 ) INNER TURNING ZONE

 

Residential land uses are prohibited.  All non-residential land uses and special function land uses are allowed subject to review and approval based upon the conditions set forth within this Section (5.14).  Land uses which concentrate people indoors or outdoors shall be avoided and shall not exceed a density of zero to five (0-5) people per acre.   Allowed land uses shall be relatively unoccupied by people (i.e., mini-storage, small parking lots).  In this Zone, low-density housing may develop according to development standards along runways that extend 4,000 or more feet.  (Revised August 27, 2009) 

 

SECTION 5.14.5 ZONE FOUR ( 4 ) OUTER SAFETY ZONE

 

Residential land uses must limit population concentrations.  All non-residential land uses and special function land uses are allowed subject to review and approval based upon the conditions set forth within this Section (5.14).  Land uses which concentrate people indoors or outdoors shall be avoided and shall not exceed a density of less than forty (40) people per acre in buildings and less than seventy-five (75) people per acre outside buildings.   Low-density housing may be developed according to district development standards along runways.  Developments should be built away from the extended runway centerline and clustered to maintain density.   (Revised August 27, 2009)

SECTION 5.14.6 ZONE FIVE ( 5 )  SIDELINE SAFETY ZONE

 

Residential land uses are prohibited.  All non-residential land uses and special function land uses are allowed subject to review and approval based upon the conditions set forth within this Section (5.14).  Land uses which concentrate people indoors or outdoors shall be avoided and shall not exceed a density of zero to five (0-5) people per acre.  Allowed land uses shall be relatively unoccupied by people (i.e., mini-storage, small parking lots).  (Revised August 27, 2009)

 

SECTION 5.14.7 DEVELOPMENT AND PERFORMANCE STANDARDS

 

A.        During the site development process, shift all structures away from the runway centerlines.

B.         Maximum height of structures shall be twenty-five (25) feet.

C.        High overhead outdoor lighting is prohibited.

D.        Downward shading of lighting is required to reduce glare.

E.         Overhead utilities and noise sensitive land uses are prohibited.

F.         Landscaping shall be only low-growing vegetation.

G.        Limit storage of large quantities of hazardous or flammable material.  (Revised September 10, 2009)

H.        Ensure permitted uses will not create large areas of standing water or generate smoke, steam, or other gases that would obscure visibility.

I.          Schools, play fields, hospitals, nursing homes, day care facilities or churches are prohibited.

J.          Mobile home parks are prohibited.

K.        No easement that would permit the construction of any structure or a use that would hinder or obstruct aeronautical activities shall be allowed. 

 

SECTION 5.14.7 MISCELLANEOUS REGULATIONS

 

General Provisions as permitted in Chapter 4.

Parking as permitted in Chapter 6.

Signs as permitted in Chapter 7.

 

Insert Figure 4, “Aircraft Accident Safety Zone Diagram”

 

 

Figure 4

 

 

aircraft accident safety zone dimensions diagram

 

Figure 5