02106

201.000 ZONING*
Ord. No. 11-10-78
Adopted: November 10, 1978

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*Cross reference(s)--Building numbering, Pt. 161; building and construction codes, Pt. 181; private roads, Pt. 202.

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TITLE AND PURPOSE

An ordinance enacted pursuant to the authority contained in Act 184 of the Public Acts of Michigan for 1943, as amended, known as the "Township Rural Zoning Act" for the establishment of zoning districts in the unincorporated portions of Vergennes Township, within which districts the use of land for agriculture, forestry, recreation, residence, industry, trade, migratory labor camps, soil conservation, water supply conservation, and additional uses of land may be encouraged, regulated or prohibited; for the adoption for such districts of provisions designating or limiting the location, height, number of stories, and size of dwellings, buildings and structures, including tents and trailer coaches which may hereafter be erected or altered; for the regulation of the area of yards, and other open spaces and the sanitary, safety and protective measures that shall be required for such dwellings, buildings and structures, including tents and trailer coaches; for the designation of the maximum number of families which may be housed in buildings, dwellings and structures, including tents and trailer coaches; to establish a zoning board of appeals, to grant authority to said board in addition to that expressly provided in said Public Act 184; to provide standards to guide actions and decisions of said board; to provide for the enforcement of the provisions of said ordinance and penalties and other relief for the violation of said ordinance; and to provide for the amendment thereof and the repeal of all ordinances or parts of ordinances in conflict therewith.

PREAMBLE

In accordance with the authority and intent of Act 184 of the Public Acts of 1943, as amended, the Township of Vergennes desires to provide for the orderly development of the Township which is essential to the well-being of the community. Accordingly, there is hereby established a comprehensive zoning ordinance, which is adopted for the following purposes:

A. To protect and promote the public health, safety and general welfare of all persons and property owners within the Township.

B. To guide and protect the future growth and development of the Township in accordance with the Vergennes Township Land Use Plan and the goals contained therein.

C. To protect the character and the social and economic stability of all parts of the Township, and to encourage its orderly and beneficial development for the well being of the Township as a whole.

D. To protect and preserve the value of land throughout the Township and the value of buildings appropriate to the various districts established by this Ordinance.

E. To prevent against conflicts among the uses of land and buildings, to provide for the free movement of vehicles upon the streets and highways of the Township, and to assure that all uses of land and buildings within the Township are so related as to provide for economy in government and mutual support.

F. To provide a guide for public policy and action in the efficient provision of public facilities and services, and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the Township.

G. To protect the natural environment; to prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and sound management of the natural resources throughout the Township in order to preserve the integrity, stability and beauty of the community and the value of the land.

H. To preserve the natural beauty of the topography of the Township and to discourage development which is destructive of or inappropriate to these natural features.

I. To preserve farmland for agricultural uses, especially prime agricultural lands.

J. To discourage sprawl development, especially in areas where residential development is not considered the highest and best use of the land.

ARTICLE II

201.200 DEFINITIONS

201.201 General.

2.01. When not inconsistent with the context, words used in the present tense include the future tense, words used in the singular number include the plural number and words used in the plural number include the singular. The word "shall" is always mandatory and not merely directory. The word "building" includes the word "structure" and vice versa. Terms not herein defined shall have the meanings customarily assigned to them.

(Amended: Ord. No. 2000-3, 7-17-00)

201.202 Specific terms.

2.02. The following terms shall have the following meanings when used in the within Ordinance:

Accessory building: Shall mean a building or a portion of a building subordinate to and on the same lot as a main building and occupied by or devoted exclusively to an accessory use, including, but not limited to, a private garage, and to include a satellite dish antenna capable of receiving communications from a transmitter or transmitter relay located in planetary orbit and also to include a radio antenna erected under the provisions of this Ordinance by the holder of a valid amateur radio operator's license.

Accessory building, minor: A minor accessory building shall be an accessory building as defined herein with a gross floor area of not more than two hundred (200) square feet and a maximum height of twelve (12) feet.

Accessory use: A use of a building, lot or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.

Adult Book Store: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.

Adult Business: An adult business shall mean an adult book store, adult cabaret, adult motion picture theater, massage establishment, nude artist photography studio and any other business involved in the sales or marketing of obscene, lewd, lascivious, filthy, indecent or disgusting materials which are defined as including representations, descriptions or depictions of ultimate sexual acts, (normal or perverted, actual or simulated) or representations, descriptions or depictions of masturbation, excretory functions and lewd exhibition of the genitals.

Adult Cabaret: A cabaret which features go-go dancers, erotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult Motion Picture Theaters: Any establishment used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein for observation by patrons therein.

Agriculture: Raising of crops, animals and animal products; forestry; other commonly accepted agricultural operations for commercial purposes including the sale of products grown on the premises.

Apartment house: A building used and/or arranged for rental occupancy, or cooperatively owned by its occupants, having three (3) or more family units, and with a yard, compound, service, or utilities in common.

Basement: That portion of a building below the first floor joists, at least half of whose clear ceiling height is below the level of the adjacent ground.

Bluff: The top of a steep bank rising sharply from the water's edge. If an existing flat area begins at the water’s edge before rising into a steep bank, the bluff setback does not apply.

Boardinghouse: A dwelling in which lodging or meals, or both, are furnished to three (3) or more guests for compensation.

Building: A structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

Building height: The elevation measured from the average finished lot grade at the front of the building to the highest point of the roof.

Conservation easement: A less than fee simple interest in land, that is donated or sold by a landowner to a governmental unit or a nonprofit land trust. The landowner or resident association retains ownership and continues to pay property taxes, and ordinarily gives up the right to fully develop the property. The existence of a conservation easement does not imply free ingress and egress by the general public or any other group. The purpose of a conservation easement is to permanently protect significant open space, recreational, natural, agricultural, or historical resources.

Dock, permanent: See "Permanent Dock."

Dock, temporary: See "Temporary Dock."

Dog kennel: Any place where more than three (3) dogs over six (6) months of age are boarded for hire or held for sale and which is not an animal hospital.

Driveway: A driveway is that portion of a lot intended to be the area upon which vehicles travel from a road (private or public) to a dwelling or other improvements located upon the lot.

Dwelling:

A. Earth bermed: A dwelling where the ground floor area is partly below grade to provide climatic, noise, or life safety protection, but is so designated not to include any portion of a basement in the floor area calculation.

B. Earth sheltered: A dwelling where the ground floor area is partly below grade to provide climatic, noise, or life safety protection and includes all or part of a basement in the floor area calculations; providing that any basement area used in floor area calculations meets the requirements of the ordinance for residential use.

Dwelling, single-family: A detached residential dwelling unit other than a mobile home, designed for and occupied exclusively by one family.

Dwelling, two-family:

Table of Contents

201.000 ZONING*
Ord. No. 11-10-78
Adopted: November 10, 1978

ARTICLE I

201.100 ENACTING CLAUSE

201.101 Short title.

ARTICLE II

201.200 DEFINITIONS

201.201 General.

201.202 Specific terms.