Clay Township Zoning Ordinance 2007 July-Books Download

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January 1 2009 Solid vertical lines in the margins within the body of the ordinance. indicate a change amendments or interpretation,Clay Township Zoning Ordinance 2. TABLE OF CONTENTS,ARTICLE 1 TITLE PURPOSES AND LEGAL CLAUSES 1. Section 1 01 Short Title,Section 1 02 Repeal of Ordinance. Section 1 03 Purposes,Section 1 04 Scope,Section 1 05 Lot Use Limitation. Section 1 06 Validity and Severability Clause,Section 1 07 Interpretation.
Section 1 08 Conflict with Other Laws,Section 1 09 Vested Rights. ARTICLE 2 INTERPRETATIONS AND DEFINITIONS 3,Section 2 01 Interpretations. Section 2 02 Definitions Alphabetized,ARTICLE 3 GENERAL PROVISIONS 39. Section 3 01 Accessory Buildings Structures and Uses. Section 3 02 Building Grades,Section 3 03 Buildings To Be Moved. Section 3 04 Corner Clearance and Visibility,Section 3 05 Decks Porches or Patios.
Section 3 06 Essential Services, Section 3 07 Prohibition of Unauthorized Excavation or Holes. Section 3 08 Fences,Section 3 09 Green Belts, Section 3 10 Location and Screening of Trash Receptacles. Section 3 11 Supplementary Setback Provisions,Section 3 12 Performance Standards. Section 3 13 Ponds,Section 3 14 Lighting, Section 3 15 One and Two Family Dwelling Standards. Section 3 16 Outdoor Storage in Residential Districts. Section 3 17 Storage or Moorings of Boats or Watercraft. Section 3 18 Swimming Pools, Section 3 19 Temporary Occupancy Permit During Construction.
Section 3 20 Dish Type Satellite Signal Receiving Stations. Section 3 21 Recreation Animals,Section 3 22 Keeping of Pets. Section 3 23 Nonconformities,Clay Township Zoning Ordinance 3. Section 3 24 Height Exceptions, Section 3 25 Planning Commission Determination of Similar Uses. Section 3 26 Home Occupations,Section 3 27 Regulation of Oil and Gas Wells. Section 3 28 Open Space Preservation,ARTICLE 4 ZONING DISTRICTS AND MAP 61.
Section 4 01 Districts Established,Section 4 02 District Boundaries. Section 4 03 District Boundaries Interpreted,Section 4 04 Zoning of Vacated Areas. ARTICLE 5 RURAL SUBURBAN DISTRICT RS1 63,Section 5 01 Statement of Purpose. Section 5 02 Principal Permitted Uses,Section 5 03 Special Land Uses. Section 5 04 Area and Size Requirements,ARTICLE 6 RURAL SUBURBAN DISTRICT RS2 65.
Section 6 01 Statement of Purpose,Section 6 02 Principal Permitted Uses. Section 6 03 Special Land Uses,Section 6 04 Area and Size Requirements. ARTICLE 6 A ONE FAMILY RESIDENTIAL DISTRICT R 1L 67. Section 6 01A Statement of Purpose,Section 6 02A Principal Permitted Uses. Section 6 03A Special Land Uses,Section 6 04A Area and Size Requirements. ARTICLE 7 ONE FAMILY RESIDENTIAL DISTRICT R 1 69,Section 7 01 Statement of Purpose.
Section 7 02 Principal Permitted Uses,Section 7 03 Special Land Uses. Section 7 04 Area and Size Requirements,ARTICLE 8 ONE FAMILY RESIDENTIAL DISTRICT R 2 71. Section 8 01 Statement of Purpose,Section 8 02 Principal Permitted Uses. Section 8 03 Special Land Uses,Section 8 04 Area and Size Requirements. ARTICLE 9 SINGLE FAMILY RESIDENTIAL DISTRICT R 3 73. Clay Township Zoning Ordinance 4,Section 9 01 Statement of Purpose.
Section 9 02 Principal Permitted Uses,Section 9 03 Special Land Uses. Section 9 04 Area and Size Requirements,ARTICLE 10 PERCH POINT ISLES DISTRICT R 4 75. Section 10 01 Statement of Purpose,Section 10 02 Principal Permitted Uses. Section 10 03 Special Land Uses,Section 10 04 Area and Size Requirements. ARTICLE 11 MULTIPLE FAMILY RESIDENTIAL DISTRICT RM 77. Section 11 01 Statement of Purpose,Section 11 02 Principal Permitted Uses.
Section 11 03 Special Land Uses,Section 11 04 Area and Size Requirements. ARTICLE 12 MANUFACTURED HOME PARK DISTRICT MHP 79,Section 12 01 Statement of Purpose. Section 12 02 Principal Permitted Uses,Section 12 03 Special Land Uses. Section 12 04 Area and Size Requirements,ARTICLE 13 BUSINESS OFFICE DISTRICT C 1 81. Section 13 01 Statement of Purpose,Section 13 02 Principal Permitted Uses.
Section 13 03 Special Land Uses,Section 13 04 General Regulations. Section 13 05 Area and Size Requirements,ARTICLE 14 SMALL BUSINESS DISTRICT C 2 83. Section 14 01 Statement of Purpose,Section 14 02 Principal Permitted Uses. Section 14 03 Special Land Uses,Section 14 04 General Regulations. Section 14 05 Area and Size Requirements,ARTICLE 15 GENERAL BUSINESS DISTRICT C 3 85.
Section 15 01 Statement of Purpose,Section 15 02 Principal Permitted Uses. Section 15 03 Special Land Uses,Section 15 04 General Regulations. Section 15 05 Area and Size Requirements,Clay Township Zoning Ordinance 5. ARTICLE 16 LIGHT INDUSTRIAL DISTRICT l 1 87,Section 16 01 Statement of Purpose. Section 16 02 Principal Permitted Uses,Section 16 03 Special Land Uses.
Section 16 04 General Regulations,Section 16 05 Area and Size Requirements. ARTICLE 17 GENERAL INDUSTRIAL DISTRICT I 2 90,Section 17 01 Statement of Purpose. Section 17 02 Principal Permitted Uses,Section 17 03 Special Land Uses. Section 17 04 General Regulations,Section 17 05 Area and Size Requirements. ARTICLE 18 SCHEDULE OF REGULATIONS 93, Section 18 01 Schedule Limiting Height Bulk Density and Area by Zoning District.
Section 18 02 RS 1 and RS 2 Rural Suburban Districts. Section 18 03 R 1L R 1 R 2 R 3 and R 4 Single Family Residential Districts. Section 18 04 RM Residential Multi Family District. Section 18 05 MHP Manufactured Home Park District,Section 18 06 C 1 Business Office District. Section 18 07 C 2 Small Business District,Section 18 08 C 3 General Business District. Section 18 09 I 1 Light Industrial District,Section 18 10 I 2 General Industrial District. Section 18 11 Lot Size Averaging,Section 18 12 Cross District Averaging. Section 18 13 Single Family Cluster Housing,ARTICLE 19 SPECIAL LAND USE CONDITIONS.
AND APPROVAL 109,Section 19 01 Statement of Purpose. Section 19 02 Review and Approval Authority,Section 19 03 Data Required. Section 19 04 Public Hearing Requirements,Section 19 05 Standards for Approval. Section 19 06 Issuance of a Building Permit,Section 19 07 Reapplication. Section 19 08 Site Plan Amendments in Conjunction with a Special Land Use. Section 19 09 Validity and Revocation of Special Land Use Permits. Section 19 10 Certificate of Occupancy,Section 19 11 Fees.
Clay Township Zoning Ordinance 6,ARTICLE 20 SPECIAL LAND USE REQUIREMENTS 113. Section 20 01 Adult Entertainment Uses,Section 20 02 Adult Foster Care Large Group Homes. Section 20 03 Agribusiness Uses,Section 20 04 Airports Landing Fields. Section 20 05 Arcade,Section 20 06 Auction Sales Establishments. Section 20 07 Automobile Sales Storage, Section 20 08 Automobile Service Stations Gasoline Filling Stations and Accessory.
Retail Uses,Section 20 09 Automobile Repair Garage. Section 20 10 Bed and Breakfast Lodgings,Section 20 11 Boarding Stables Riding Academies. Section 20 12 Campgrounds,Section 20 13 Car Wash,Section 20 14 Cemetery. Section 20 15 Day Care Centers Nursery Schools, Section 20 16 Churches Synagogues Temples and Other Places of Worship including. other facilities normally incidental thereto,Section 20 17 Composting Facilities.
Section 20 18 Convalescent and Nursing Homes Housing for the Elderly. Section 20 19 Drive In Establishments,Section 20 20 Farm Stands. Section 20 21 General Contractors including other special trade contractors. Section 20 22 Golf Courses,Section 20 23 Golf Courses Par Three. Section 20 24 Golf Driving Ranges,Section 20 25 Greenhouses Nurseries. Section 20 26 Home Occupations Type 2,Section 20 27 Group Day Care Homes. Section 20 28 Hospitals,Section 20 29 Junkyards,Section 20 30 Kennels.
Section 20 31 Light Industrial Parks, Section 20 32 Mini Warehouses Self Storage Facilities. Section 20 33 Modular Home Sales,Section 20 34 Mortuary Establishments. Section 20 35 Motels and Hotels,Section 20 36 Mining Operations. Section 20 37 Open Air Businesses,Section 20 38 Parks and Recreation Facilities. Section 20 39 Marine Dredging Sheet Pile Operations and Storage of Marine Related. Construction, Section 20 40 Petroleum Facilities including production refining or storage of petroleum.
or other inflammable liquids,Section 20 41 Public Facilities. Section 20 42 Public Utility Buildings,Section 20 43 Recreation Commercial Outdoor. Clay Township Zoning Ordinance 7, Section 20 44 Recreational Vehicle Storage Facilities. Section 20 45 Research Facilities, Section 20 46 Restaurant Carry Out Fast Food or Drive In. Section 20 47 Schools Colleges and Universities,Section 20 48 Schools Commercial Trade.
Section 20 49 Schools Public Private or Parochial,Section 20 50 Tenant Houses. Section 20 51 Veterinary Clinics,Section 20 52 Wireless Communication Facilities. Section 20 53 Ferry Landings and Accessory Parking Storage. ARTICLE 21 SITE PLAN REVIEW PROCEDURES 159,Section 21 01 Statement of Purpose. Section 21 02 Planning Standards,Section 21 03 Subdivision Requirements. Section 21 04 Review Procedures, Section 21 05 Process and Basis for Site Plan Approval.
ARTICLE 22 PARKING AND LOADING 171,Section 22 01 Statement of Purpose. Section 22 02 General Provisions,Section 22 03 Collective Parking. Section 22 04 Off Street Loading, Section 22 05 Off Street Parking Space Layout Standards Construction and. Maintenance,Section 22 06 Parking Space Requirements. ARTICLE 23 SIGN REGULATIONS 183,Section 23 01 Statement of Purpose.
Section 23 02 General Sign Regulations,Section 23 03 Permitted Signs. Section 23 04 Prohibited Signs, Section 23 05 Permitted Signs in all Residential Districts. Section 23 06 Permitted Signs in the C 1 C 2 C 3 I 1 and I 2 Districts. Section 23 07 Temporary Signs,Section 23 08 Exempted Signs. Section 23 09 Nonconforming Signs and Sign Structures. Section 23 10 Permits and Fees,Section 23 11 Removal of Signs. ARTICLE 24 RESERVED 191,ARTICLE 25 PLANNED UNIT DEVELOPMENTS 193.
Section 25 01 Intent, Section 25 02 Application of Planned Unit Development Provisions. Section 25 03 Design Standards,Clay Township Zoning Ordinance 8. Section 25 04 Procedure for Review and Approval,Section 25 05 Appeals. Section 25 06 Fees,ARTICLE 26 PLANNING COMMISSION 204. Section 26 01 Township Planning Commission,Section 26 02 Membership Compensation and Funding.
Section 26 03 Officers Meetings Professional Advisors and Rules. Section 26 04 Responsibility for Preparation and Adoption of Land Plan Use. Plan Content,Section 26 05 Approval of Public Improvements. Section 26 06 Approval of Plats,Section 26 07 Nonconforming Uses. Section 26 08 Special Use Permits, Section 26 09 Other Authorities Duties and Responsibilities. ARTICLE 27 BOARD OF ZONING APPEALS 207,Section 27 01 Statement of Purpose. Section 27 02 Creation and Membership,Section 27 03 Organization.
Section 27 04 Jurisdiction,Section 27 05 Authorized Appeals. Section 27 06 Procedures,Section 27 07 Review by Circuit Court. ARTICLE 28 ADMINISTRATION AND ENFORCEMENT 212,Section 28 01 Violations. Section 28 02 Administrative Official,Section 28 03 Permits Required. Section 28 04 Expiration of Zoning Compliance Permits. Section 28 05 Inspections,Section 28 06 Unlawful Structures.
TITLE PURPOSES AND LEGAL CLAUSES,Section 1 01 Short Title. This Ordinance shall be known and may be cited as the Clay Township Zoning Ordinance No 126. Section 1 02 Adoption and Repeal of Ordinance, This Zoning Ordinance is adopted in accordance with the provisions of the Michigan Zoning Enabling. Act ZEA Public Act 110 of 2006 MCL 125 3101 et seq as amended and repeals Clay Township. Zoning Ordinance 123 effective September 3 2002 and all amendments thereto effective coincident. with the effective date of this Ordinance,Section 1 03 Purposes. The purpose of this Ordinance is to promote the public health safety morals and general welfare to. encourage the use of lands in accordance with their character and adaptability and to limit the improper. use of land to avoid the overcrowding of population to provide adequate light and air to lessen. congestion on the public roads and streets to reduce hazards to life and property to facilitate adequate. provisions for a system of transportation sewage disposal safe and adequate water supply education. recreation and other public requirements and to conserve the expenditure of funds for public. improvements and services to conform with the most advantageous uses of land resources and. properties and with reasonable consideration among other things to the character of each district its. peculiar suitability for particular uses the conservation of property values and natural resources and the. general and appropriate trend and character of land building and population development as studied. and recommended within a master plan by the Clay Township Planning Commission and endorsed and. regulations adopted therefore by the Township Board. Section 1 04 Scope, No building or structure or part thereof shall hereafter be erected constructed reconstructed or altered and. no building structure or land or part thereof shall be used except in conformity with the provisions of this. Ordinance Any building or structure for which a building permit has been issued and the construction of the. whole or a part of which has been started or for which a contract or contracts have been entered into. pursuant to a building permit issued prior to the effective date of this Ordinance may be completed and used. in accordance with the plans and application on which said building permit was granted. Section 1 05 Lot Use Limitation, In all zoning districts which permit single family and two family residences only one principal building shall be.
placed on a parcel or a lot of record No building shall be erected on land subdivided in violation of the. Subdivision Control Act Act 288 Public Acts of 1967 as amended No accessory use or structure shall be. permitted on a parcel until a principal permitted or special use has first been established. Section 1 06 Validity and Severability Clause, 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 this Ordinance not specifically included in said ruling If any court. of competent jurisdiction shall declare invalid the application of any provision of this Ordinance to a. particular land parcel lot district use building or structure such ruling shall not affect the application of. Clay Township Zoning Ordinance 12, said provision to any other land parcel lot district use building or structure not specifically included in. said ruling, Any amendment to the Michigan Zoning Enabling Act ZEA Public Act 110 of 2006 MCL 125 3101 et. seq after the effective date of this Ordinance is incorporated by reference and replaces any previous. provisions of this Ordinance which conflict with same. Section 1 07 Interpretation, In the interpretation and application the provisions of this Ordinance shall be held to be minimum. requirements adopted for the promotion of the public health morals safety comfort convenience or. general welfare,Section 1 08 Conflict with Other Laws.
It is not intended by this Ordinance to repeal abrogate annul or in any way to impair or interfere with any. existing provision of law or ordinance other than the above described Zoning Ordinance or with any. rules regulations or permits previously adopted or issued or which shall be adopted or issued pursuant. to the law relating to the use of buildings or premises. Provided however that where this Ordinance imposes a greater restriction than is required by existing. Ordinance or by rules regulations or permits the provisions of this Ordinance shall control. Section 1 09 Vested Rights, Nothing in this Ordinance should be interpreted or construed to give rise to any permanent vested rights. in the continuation of any particular use district zoning classification or any permissible activities therein. and they are hereby declared to be subject to subsequent amendment change or modification as may. be necessary to the preservation or protection of public health safety and welfare. Clay Township Zoning Ordinance 13,ARTICLE II,INTERPRETATIONS AND DEFINITIONS. Section 2 01 Interpretations, The following rules of construction apply to the text of this Ordinance. 1 The particular shall control the general, 2 In case of any difference of meaning or implication between the text of this Ordinance and any. caption or illustration the text shall control, 3 The word shall is always mandatory and not discretionary The word may is permissive.
4 Words used in the present tense shall include the future and words used in the singular number shall. include the plural and the plural number shall include the singular unless the context clearly. indicates the contrary, 5 A building or structure includes any part thereof. 6 The phrase used for includes arranged for designed for intended for maintained for or. occupied for, 7 The word person includes an individual a corporation a partnership an incorporated association. or any other similar entity, 8 Unless the context clearly indicates the contrary where a regulation involves two 2 or more items. conditions provisions or events connected by the conjunction and or either or the. conjunction shall be interpreted as follows, a And indicates that all the connected items conditions provisions or events shall apply. b Or indicates that the connected items conditions provisions or events may apply singly or in. any combination, c Either or indicates that the connected items conditions provisions or events shall apply singly.
but not in combination, 9 Terms not herein defined shall have the meaning customarily assigned to them. 10 The terms his and her shall be used interchangeably and shall be considered to have the same. 11 The word lot includes the word plot tract or parcel. 12 The words this Ordinance means the text of this Ordinance as well as all maps tables graphics. schedules as included or attached as enacted or subsequently amended. 13 Any word or term not interpreted or defined by this Ordinance shall be used with a meaning of. common or standard utilization A dictionary may be consulted. 14 In computing a period of days the first day is excluded and the last day is included If the last day of. any period is a Saturday Sunday or legal holiday the period is extended to include the next day. which is not a Saturday Sunday or legal holiday,Clay Township Zoning Ordinance 14. Section 2 02 Definitions, Abutting lot or parcel A lot or parcel which shares a common property line with the subject lot or. Accessory Building A building or portion of a building subordinate to a main building on the same lot. occupied by or denoted exclusively to an accessory use. Accessory Structure A detached structure on the same lot with and of a nature customarily incidental. and subordinate to the principal structure, Accessory Use A use which is clearly incidental to customarily found in connection with and except in. the case of accessory off street parking spaces located on the same zoning lot as the principal use to. which it is related An accessory use includes but is not limited to the following. 1 Residential accommodations for servants and or caretakers. 2 Swimming pools for the use of the occupants of a residence or their guests. 3 Domestic or agricultural storage in a barn shed tool room or similar accessory building or other. 4 Storage of merchandise normally carried in stock in connection with a business or industrial use. unless such storage is excluded in the applicable district regulations. 5 Storage of goods used in or produced by industrial uses or related activities unless such storage is. excluded in the applicable district regulations,6 Accessory off street parking spaces.
7 Accessory off street loading space, 8 Accessory signs subject to the sign regulations for the district in which the zoning lot is located. 9 Satellite dishes or television or radio antennae for the use of occupants of a residence or place of. 10 Uses clearly incidental to a main use such as but not limited to offices of an industrial or commercial. complex located on the same site, Acreage Any tract or parcel of land which has not been subdivided or plotted. Addition An extension or increase in floor area or height of a building or structure. Adult A person having arrived at the legal age of adulthood defined by the laws of the state of Michigan. Adult Entertainment Uses Any use of land whether vacant or combined with structures or vehicles. thereon by which said property is devoted to displaying or exhibiting material for entertainment a. significant portion of which includes matter or actions depicting describing or presenting Specified. Sexual Activities or Specified Anatomical Areas Adult entertainment uses shall include but not be. limited to the following,Clay Township Zoning Ordinance 15.

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