Zoning

ESCANABA TOWNSHIP ZONING ORDINANCE

ESCANABA TOWNSHIP, DELTA COUNTY, MICHIGAN

Escanaba Township Board
Ordinance No. 76-1

September 30, 1976

TABLE OF CONTENTS

 Page

Section 100           SHORT TITLE
Section 101           DEFINITIONS
Section 102           SEVERABILITY
Section 103           EFFECTIVE DATE
Section 104           RELATIONSHIP TO OTHER LAWS
Section 105           ADMINISTRATIVE STANDARDS AND PROCEDURES
Section 106           APPLICATION OF THIS ORDINANCE
Section 107           ACCESSORY USES AND STRUCTURES
Section 108           EXEMPTIONS
Section 201           ESTABLISHMENT OF DISTRICTS
Section 202           district r-1
Section 203           district R-2
Section 204           district R-3
Section 205           districtR-4
Section 206           district C-1
Section 207           district C-2
Section 208           district C-3
Section 209           district I.
Section 210           district PL.
Section 211           district RP.
Section 212           district AP.
Section 213           district TP.
Section 214           district RR.
Section 215            district OS.
Section 216           district LS/R
Section 300           HEIGHT AND PLACEMENT REGULATIONS
Section 301           HOME OCCUPATION
Section 400           ZONING DISTRICT BOUNDARY SETBACK REGULATIONS
Section 401           GENERAL REGULATION
Section 500           OFF-STREET PARKING REQUIREMENTS
Section 501           REQUIRED OFF-STREET LOADING SPACES
Section 502           SITE PLAN APPROVAL REQUIREMENTS
Section 503           REQIURED FORM OF AND INFORMATION ON SITE PLAN
Section 504           REVIEW PROCEDURE
Section 505           PLANNED UNIT DEVELOPMENT
Section 510          APPLICABILITY OF LANDSCAPE REQUIREMENTS
Section 511          REQUIRE PLANTING SCREENS
Section 512          PLANTING SCREEN SPECIFICATIONS
Section 513          PARKING LOT PLANTING
Section 514          TIME OF COMPLETION
Section 520          GRADING PERMITS
Section 521          GRADING REQUIREMENTS
Section 522          APPLICATIONS FOR GRADING PERMITS
Section 523          FINANCIAL SECURITY
Section 524          GRADING OPERATIONS
Section 601          DEFINITION AND CLASSIFICATION OF NONCONFORMING USES &
STRUCTURES

Section 602          PROCEDURE FOR OBTAINGING CLASS A DESIGNATION, CONITIONS
Section 603          REVOCATION OF CLASS A DESIGNATION
Section 604          REGULATIONS PERTAINING TO CLASS A NONCONFORMING USES &
STRUCTURES

Section 605          REGULATIONS PERTAINING TO CLASS B NONCONFORMING USES &
STRUCTURES

Section 700          ZONING BOARD OF APPEALS – POWERS, DUTIES, RULES
Section 701          CONDITIONAL USE PERMITS
Section 702           FEES
Section 703           THE ZONING ADMINISTRATOR
Section 704           ZONING COMPLIANCE PERMITS
Section 705           CERIFICATE OF OCCUPANCY
Section 706           SPECIAL ZONING ORDERS BOOK AND MAP
Section 707           VIOLATIONS AND PENALITIES
Section 900           ZONING MAPS
Section 901           ESCANABA TOWNSHIP ZONING MAP
Section 902           INTERPRETATION OF THE ZONING MAP

ZONING ORDINANCE
Escanaba Township, Delta County, Michigan

An ORDINANCE to establish zoning districts and regulations governing the development and use of land within Escanaba Township, Michigan, in accordance with the provisions of Act 184, Public Acts of 1943, as amended, to provide for regulations governing nonconforming uses and structures; to provide for a Board of Appeals and for its powers and duties; to provide for permits; to establish and provide for the collection of fees; to provide for the administration of this Ordinance and for the official whose duty it shall be to enforce the provisions thereof; to provide penalties for the violation of this Ordinance; and to provide for conflicts with other ordinances or regulations.

The township of Escanaba ordains:

Sec. 100 SHORT TITLE.

This Ordinance shall be known and may be cited as the Zoning Ordinance of the Escanaba Township.

back to top >>

Sec. 101 DEFINITIONS. As used in this Ordinance:

(A)  ACCESSORY BUILDING- A building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building in Districts R-1, R-2, R-3 and LS/R.

(B) BLUFFLINE- means the edge or crest of the elevated segment of the shoreline above the beach or beach terrace that may be subjected to wave attack, and normally presents a precipitous front and inclines steeply on the waterside. (Dunal terraces, which accrete and erode depending on water levels, are not considered bluff lines.)

(C) BUILDING- means any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes of a building.

(D) CARPORT- means a shelter for one or more vehicles that are not fully enclosed by walls and one or more doors.

(E) CAR WASH- means a lot on which motor vehicles are washed or waxed, either by the patron or by others, using machinery specially designed for the purpose.

(F)  CHURCH- means a building wherein persons regularly assemble for religious worship, which is used only for such purpose, and those accessory activities as are customarily associated therewith.

(G) CLINIC- means a place where four or more doctors or dentists furnish medical or dental care to persons on an outpatient basis.

(H) FAMILY- means an individual or group of two or more persons related by blood, marriage, or adoption, together with not more than three additional persons not related by blood, marriage, or adoption, living together as a single housekeeping unit.

(I)  FLOOR AREA- means total gross area on all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, and open porches, balconies, and terraces.

(J)  FLOOR AREA RATIO- means the percentage of lot area of the floor area of all buildings, excluding the floor area of garages, carports, and breezeways and excluding the area of any floor more than four feet below average grade where no part of such basement is used for sleeping rooms or quarters.

(K)  FLOOR SPACE- means floor area of all floors, as measured from the inside surfaces of the walls enclosing the part of a building occupied by a single occupant or shared by a distinct group of occupants, excluding there from common halls, stairwells, sanitary facilities, and storage and other areas to which patrons do not have regular access.

(L)  FRONT LOT LINE- means a line dividing a lot from any public highway except a limited or controlled access highway to which the lot has no access.

(M)  GARAGE- means a fully enclosed building for the storage of motor vehicles, no including buildings in which fuel is sold or repair or other services performed.

(N) GAS STATION- means a place where motor vehicles fuels are sold at retail.

(O)  GROUND COVERAGE RATIO- means the percentage of a lot area included within the outside lines of the exterior walls of all buildings located on the lot except garages and carports and including the area of porches, decks, patios, breezeways, balconies and bay windows, except patios not more than six inches above grade.

(P) HEIGHT- means the vertical distance among the highest point on a structure, excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

(Q) HOME OCCUPATION- means a use conducted entirely within an enclosed building, employing only the inhabitants thereof, and not more than one other person, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery, or outdoor storage any of which is visible from off the lot on which located

(R) HOTEL- means a structure designed, used or offered for residential occupancy for any period less than one month, including tourist homes, resorts and motels, but not including hospitals and nursing homes.

(S)  KENNEL- means any activity involving the permanent or temporary keeping or treatment of animals as a business other than ordinary agricultural operations.

(T) LAUNDROMAT- means a place where patrons wash, dry, or dry clean clothing and other fabrics in machines operated by the patron.

(U) LOT- means the contiguous land in the same ownership which is not divided by any public highway or alley, including any part thereof subject to any easement for any purpose other than a public highway or alley, but excluding any part thereof severed from another lot where the severance creates any nonconformity of use or structure.

(V) LOT AREA- means the area of land within the boundary of a lot excluding any part under water, and in addition, the area of land bounded by any front lot line, the center line of the highway on which it fronts, and the side lot lines intersecting the front lot at its ends extended to the center line of the highway.

(W) LOT LINE- means a line marking a boundary of a lot.

(X) MENTAL HEALTH CENTER- means a hospital or clinic where the primary activity is the treatment and care of persons suffering from mental or emotional disorders.

(Y) MINIMUM LANDSCAPED OPEN SPACE- means the percentage of lot area that must be maintained in grass or other living vegetation.

(Z) MOBILE HOME- means a structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted.

(AA) MULTIPLE DWELLING- means a structure designed or used for residential occupancy by more than two families, with or without, common or separate kitchen or dining facilities, including apartment houses, apartment hotels, rooming houses, boarding houses, fraternities, sororities, dormitories, row houses, townhouses and similar housing types, but not including hotels, hospitals or nursing homes.

(BB) NURSING HOMES- means a structure designed or used for residential occupancy a providing limited medical or nursing care on the premises for occupants, but not including a hospital or mental health center.

(CC) REAR LOT LINE- means any lot line that is not a front or side lot line and which, if extended in either direction, would not cross the lot.

(DD) RESTAURANT- is a lot which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered and includes establishments commonly known as bars, grills, cafes, taverns, nightclubs, drive-ins and any fast food establishment permitting consumption on the premises.

(EE) SETBACK- means the required distance between every structure and any lot line on the lot on which it is located except where a front lot line is not defined by any conveyance or recorded plat, in which cases it means the required distance between every structure and the nearest land actually used for purposes of a roadway or parallel drainage ditch.

(FF) SIDE LOT LINE- means any lot line which meets the end of a front lot line or any other lot line within 30 degrees of being parallel to such a line except a front lot line.

(GG) SINGLE FAMILY DWELLING- means a structure, except a mobile home, designed or used for residential occupancy by one family.

(HH) STRUCTURE- means any constructed, erected, or placed material or combination of materials in or upon the ground, including, but not by way of limitation, buildings, mobile homes, radio towers, sheds, signs and storage bin, but excluding sideways and paving on streets, driveways, parking areas and patios.

(II) TWO-FAMILY DWELLING- means a structure designed or used for residential occupancy by two families.

(JJ) YARD- means the area between any lot line and the setback required there from.

back to top >>

Sec. 102 SEVERABILITY

This Ordinance and the various parts, sections, subsections, and clauses thereof, are hereby declared to be severable. In any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid; it is hereby provided that the remainder of the Ordinance shall not be affected thereby. If any part sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of the Ordinance to other property, buildings or structures shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing a planned unit development or any conditional use permit, variance, grading permit, zoning compliance permit certificate of occupancy, site plan approval, or designation of Class A nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this Ordinance or the requirement of some provision thereof, and to protect the public health, safety, and welfare and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

back to top >>

Sec. 103 EFFECTIVE DATE

This Ordinance shall take effect and be in force on the date of its adoption by the Escanaba Township Board.

Sec. 104 RELATIONSHIP TO OTHER LAWS

Whenever regulations or restrictions imposed by this Ordinance are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules, or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this Ordinance, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environment protection law or regulation.

back to top >>

Sec. 105 ADMINISTRATIVE STANDARDS AND PROCEDURES.

(A) Whenever, in the course of administration and enforcement of this Ordinance, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this Ordinance, the decision shall be made so that the result will not be contrary to the spirit and purpose of this Ordinance or injurious to the surrounding neighborhood.

(B)  Where a public hearing is required in the administration of this Ordinance, the Zoning Board of Appeals and the Planning Commission shall:

(1)  Base their decision upon facts presented at a public hearing preceded by notice of at least 8, but not more than 30days;

(2)  Notify, by personal service or by mail, all owners, residents, or managers or property adjacent to or within 300 feet of the property to be directly affected by a zoning decision;

(3)  Set forth in all notifications, the time, place, and nature of the meeting, the geographic area included in the zoning proposal, and where written comments will be received;

(4)  Permit interested parties at the hearing to present and rebut information either supporting or opposing the zoning action under consideration;

(5)  Prepare a comprehensive summary record of the hearing, including an exact record of motions, votes, and other official actions;

(6)  Set forth in written and in detail any denial, approval, conditional approval, or order and the facts supporting such decision;

(7)  File the record, written testimony or documents submitted with regard to the hearing and the decision with the Township Clerk to be open to public inspection;

(8)  Comply with all other requirements under law.

(C)  All administrative guides or rules developed to assist the Zoning Board of Appeals or the Planning Commission in the administration of this Ordinance shall be filed with the Township Clerk and be open to the public inspection.

back to top >>

Sec. 106 APPLICATION OF THIS ORDINANCE

No structure shall be constructed, erected, placed, or maintained and no land use commenced or continued within the unincorporated parts of the Township, except as specifically or by necessary implication, authorized by this Ordinance. Conditional uses are allowed only on permit granted by the Township Planning Commission upon finding that the specified conditions exist. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

back to top >>

Sec. 107 ACCESSORY USES AND STRUCTURES

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication in this or any other ordinance. The following special rules are applicable:

(A)  Customary home occupations are permitted as an accessory to residential use or occupancy but only to the extent authorized by the definitions of these terms in this Ordinance.

(B)  An accessory building shall not be closer than ten feet to any other structure on the lot.

(C)   The floor area of accessory buildings located within Districts R-1, R-2, R-3 and LS/R shall not exceed the floor area of the main building. In RR Districts, the floor area of accessory buildings shall not exceed 1.25 times the square footage of the main building. Constructions of pole structures are permitted where not excluded by covenants in any district.

(D)  An accessory building shall not be located within the area between the front lot line and the principal structure.

(E)   Accessory buildings in District R-1 shall not have vertical metal siding.

back to top >>

Sec. 108 EXEMPTIONS

The location of pipes, wires, poles, and generating and transmission equipment of public utilities or railroad tracks regulated by the State of Michigan or by the United States are exempt from regulation under this Ordinance.

back to top >>

Sec. 201 ESTABLISHMENT OF DISTRICTS

The Township of Escanaba is hereby into zoning districts, as named and described in the following sections. The boundaries of said zoning districts are hereby established as shown on the map in Sections 900

back to top >>

Sec. 202 DISTRICT R-1

(A)  Intent- to establish and preserve quiet single family home neighborhoods as desired by large numbers of people, free from other uses except those which are both compatible with and convenient to the residents of such a district.

(B)  Permitted Principal Uses- detached single-family dwellings. The keeping of domestic animals, such as cats and dogs, in a manner not constituting a nuisance to neighboring residents. Farm animals, such as horses, sows, or fowl, are not permitted.

(C)  Conditional Uses- Schools, churches, unlighted golf course, private parks, swimming pools, and similar recreational facilities. Conditional use in this district shall be permitted only on lots fronting on and with principal driveways access to a street with paving at least 24 feet in width, and so located, site planned, and designed as to avoid noise and other nuisances and dangers.

back to top >>

Sec. 203 DISTRICT R-2

(A)  Intent- to establish and preserve quiet neighborhoods for single-family dwellings and mobile homes, free from other uses except those that are both compatible with and convenient to the residents of such a district.

(B)  Permitted Principal Uses- detached single-family dwellings and mobile homes.

(C)  Conditional Uses- the same conditional uses as permitted in District R-1, subject to the same conditions.

back to top >>

Sec. 204 DISTRICT R-3

(A)  Intent- to establish and preserve neighborhoods for medium density residential uses, free from other uses except those which are both compatible with and convenient to the residents of such a district.

(B)  Permitted Principal Uses- single and two-family dwellings, multiple dwellings, hotels, and nursing homes.

(C)  Conditional Uses- the same conditional uses as permitted in District R-1, subject to the same conditions.

back to top >>

Sec. 205 DISTRICT R-4

(A)   Intent- to make provision for mobile homes in mobile home parks not subdivided into individual lots, in an appropriate, safe, sanitary, and attractive environment.

(B)    Permitted Principal Uses- mobile homes in mobile homes parks.

(C)    Conditional Uses- the same conditional uses are permitted in this district as in District R-1

(D)   District Regulations

(1)  Density is limited to seven mobile homes per acre.

(2)  No mobile home shall be at any time so located as to be in violation of the laws of the State of Michigan.

(3)  Each mobile home site shall be provided with a stand consisting of a solid six-inch thick poured cement concrete apron not less than eight feet wide and 45 feet long and a paved outdoor patio of at least 180 square feet located at the main entrance of the mobile home.

(4)  All utility wires, pipes, and tanks shall be underground, except that fuel tanks used as part of a central distribution system may be above ground if fully screened from view by a wood or masonry wall or fence.

(5)  Each mobile home park shall have an underground master television antenna system, and exterior antennae shall not be permitted on individual mobile homes.

(6)  Each mobile home park shall contain one or more recreation areas totaling at least 300 square feet per mobile home. At least one such area in each mobile home park shall be of such size and shape that a 100 feet square may be laid out within it an shall be substantially flat, without any trees, bushes, or other obstructions, and maintained as lawn. No mobile home shall be more than 500 feet distant from a recreation area. Streets, driveways, parking areas, and buildings are not to be included in calculating the size of recreation areas.

(7)    A greenbelt, at least 30 feet in width, shall be located along all boundaries of each mobile home park, except where it is crossed by driveways.

(8)  Each mobile home shall be located on a lot having an area of at least 3,200 square feet; provided, however, that no motor vehicle shall be parked on any lot having as area less than 4,000 square feet.

(9)  Each mobile home park shall be graded and drained so that rainwater will not stand in pools or puddles.

(10)     Each street and parking area in any mobile home park shall be bounded by a sidewalk at least three feet wide.

(11)     If the parking of motor vehicles other than the passenger automobiles and motorcycles is allowed, it shall be restricted to areas surrounded, except at points of entry and exit, with a wood or masonry wall or fence at least eight feet high.

(12)     Each mobile home park shall provide refuse contains so located so hat no mobile home is farther than 105 feet from such a container.

(13)  All refuse containers shall be located on concrete stands, shutting and level with a driveway, which shall be surrounded, except on the driveway side, by a wood or masonry fence or wall at least six feet high.

(14) Minimum street widths in mobile home parks shall be as follows:

No parking on street                                        1 way                      14

                                                                    2 way                      20

 

Parallel parking one side                                  1 way                      20

                                                                    2 way                      30

Parallel parking on both sides                           1 way                      26

                                                                    2 way                      36

(15)     Each mobile home park shall provide to each mobile home an enclosed storage shed or partitioned space in such a shed, either of which shall have at least 360 cubic feet and shall be located within 150 feet of said mobile home. No outside storage shall be permitted by any mobile home park or committed by any occupant, including the storage of anything underneath any mobile home.

(16)     No mobile home shall be occupied unless it is supported on masonry blocks or jacks, connected to utilities and provided with skirting, from the bottom of the walls to the ground, made of aluminum or other durable material.

back to top >>

Sec. 206 DISTRICT C-2

(A)  Intent- to establish and preserve a compact business district suited to the needs of travelers, tourists, and vacationers.

(B)  Permitting Principal Uses- retail establishments selling gifts, hardware, drugs, groceries, sporting goods, antiques, and baked goods, art and crafts studios, barber and beauty shops, banks, restaurants, Laundromats, and gas stations.

back to top >>

Sec. 207 DISTRICT C-2

(A)  Intent- to establish and preserve general commercial areas consisting of shopping centers and commercial strips.

(B)  permitted Principal Uses- offices, car wash establishments, clinics, kennels, hospitals, and mental health centers, all permitted principal uses in Districts C-1 and all other retail and personal service establishments except those specifically listed in Sec. 208 (B).

back to top >>

Sec. 208 DISTRICT C-3

(A)  Intent- to establish and preserve a district for light industrial use along with those commercial uses which are more compatible with light industrial than with other commercial uses.

(B)  Permitted Principal Uses- motor vehicle sales, service, and rental; construction and farm equipment sales; sales of mobile homes, campers, recreational vehicles, boats, and monument; wholesale and storage use; food packaging and bottling works; commercial printing and newspaper offices; contractors’ yards and shops; laundry and cleaning and drying plants.

(C)  Conditional Uses- gas stations and restaurants where there is no C-1 or C-2 district located conveniently nearby, drive-in theaters having patron entrance and exit drive only to streets having a paved surface at least 44 feet in width at points at least 200 feet from any intersection so planned that the picture screen cannot be seen from any street or from any R-1, R-2, R-3 or R-4 district, and other industrial uses which do not emit any fumes, vibration, smoke, or noise except the noise of vehicles coming and going, which is detectable by the senses of normal human beings, and where all operations, including the storage of anything except merchandise displayed for

back to top >>


Sec. 209 DISTRICT I.

(A) Intent. To establish and preserve areas for necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses.

(B) Permitted Principal Uses. Manufacturing, extractive processing, and other industrial uses.

(C) Conditional Uses. None.

(D) Special Regulations. No merchandise shall be displayed for sale which is visible from off the premises.

back to top >>

Sec. 210 DISTRICT PL.

(A) Intent. To establish and preserve areas for certain public purposes.

(B) Permitted Prinicipal Uses. Any governmental or proprietary function conducted by any governmental agency or publicly owned corporation which is authorized to conduct suc function, except such uses as constitute a nuisance in the place where conducted.

back to top >>

Sec. 211 DISTRICT RP.

(A) Intent. To establish and maintain for low intensity use those areas which because of their location, accessibility and natural characteristics are suitable for a wide range of agricultural, forestry and recreational ues.

(B) Permitted Principal Uses. All prinicpal use permitted in the AP and TP Districts and in addition, campgrounds, day camps, parks, stables, winter sports facilities, trails and seasonal dwellings. Residential use is permitted on tracts of 20 acres or more.

(C) Conditional Uses. Resorts and lodges on lots of 20 acres or more. Hunting and shooting preserve on lots of 40 acres or more. All conditional uses permitted in the AP District subject to the same conditions.

back to top >>

Sec. 212 DISTRICT AP.

(A) Intent. This district is intended to maintain for agricultural purposes those lands which because of their soil characteristics and other factors, are especially well suited for agricultural uses.

(B) Permitted Principal Uses. Agricultural production operations including crop cultivation, pastures, orchards, farmstead and similar uses, except feedlots, poultry farms and fur farms.

(C) Conditional Uses. Feedlots, poultry farms, fur farms and commercial kennels, provided that no such operation shall be established within one-quarter mile of any existing residence not on the premises.

back to top >>

Sec. 213 DISTRICT TP.

(A) Intent. This district is intended to maintain for timber production purposes those lands which because of their soil, drainage and other charachteristics, are especially productive timber lands.

(B) Permitted Principal Uses. The growing and harvesting of timber under a scientific program of forest management.

(C) Conditional Uses. None

back to top >>

Sec. 214 DISTRICT RR.

(A) Intent. To establish and maintain an alternative residential environment in accessible rural areas at low densities.

(B) Permitted Principal Uses. All permitted principal uses in the AP and TP Districts. Single family dwellings, mobile home, hurches, schools, and parks.

(C) Conditional Uses. The keeping of one horse for every two and a half acres, not to exceed three horses per lot, and gravel pits, top soil and sand removal subject to provisions of Sections 520-524.

back to top >>

Sec. 215 DISTRICT OS.

(A) Intent. To preserve as open space those lands which because of their soil, drainage or topographic characteristics, their lack of accessibilty, or because they are important wildlife habitats, such as deer yards are not suitable for developmet.

(B) Permitted Principal Uses. Growing and harvesting of timber and bush fruit, and agricultural produce and wildlife management.

(C) Conditional Uses. Resorts, lodges, seasonal dwellings and other recreational uses, on lots of 20 acres or more, where such development can be accomplished without significant adverse environmental impact.

back to top >>

Sec. 216 DISTRICT LS/R.

(A) Intent. This district is intended to establish and maintain for residential and recreational use those areas with frontage on inland laes and rivers and the Lake Michigan shoreline which because of their natural characteristics and accessibilty, are suitable for development.

(B) Permitted Principal Uses. Single family dwellings, mobile homes, and seasonal dwellings.

(C) Conditional Uses. Marinas, boat liveries, bathing facilities, fishing piers, resorts, lodges, fish markets, commercial fishing docks, and associated facilities when located and designed so as not to unreasonably interfere with, degarde or decrease the enjoyment of existing uses of nearby land.

back to top >>

Sec. 300 HEIGHT AND PLACEMENT REGULATIONS

Except as otherwise specifically provided in this Ordinance, no structure shall be erected or maintained between any lot line and the pertinent setback distance listed below and no structure shall be erected or maintained which exceeds the height limit specified below. Where there is no rear lot line as otherwise defined herein, the required rear setback distance shall be measured from a line through the point on the lot most distant from any front lot line of the same lot, which line shall be perpendicular to a line from said point to the closest point on any front line. If there is more than one such line, the rear setback shall be maintained from any one of them at the option of the owner. Where a lot fronts on two streets within 30 degrees of being parallel but not of their intersection, no rear setback is required. The side setback requirement applies to a side lot line and also to any lot line which is neither a front, rear, or side lot line. All distances are measured in feet.

 

District Front Side Rear Height
R-1 30 10 B 35 30
R-2 30 10 B 25 30
R-3 30 10 B 25 30
R-4 30 30 30 30
C-1 30 5 20 30
C-2 40 5 20 30
C-3 40 5 20 30
I 40 5 20 A
PL none none none none
RP 30 30 30 A
OS 30 30 30 A
AP 30 30 30 A
TP none none none none
RR 30 30 30 30
LS/R 30 10 B 30 30

 

District Minimum Lot Size Minimum Lot Width C
R-1 20,000 sq. ft. D 100
R-2 20,000 sq. ft. D 100
R-3 20,000 sq. ft. 100
R-4 20 acres none
C-1 none none
C-2 none none
C-3 none none
I none none
PL none none
RP 20 acres none
OS none none
AP 20 acres none
TP none none
RR 50,000 sq. ft. 200
LS/R 20,000 sq. ft. 100

 


(A) Height at any point on a structure shall not exceed the horizontal distance to any lot line.

(B) A detached garage not exceeding 14 feet in height may be located within four feet of a side lot line.

(C) Lot width shall be measured at front setback line.

(D) 12,00 sq. ft. where lot is served by public sewer and water supply, 15,000 sq. ft. where lot is served by public sewer or water supply.

In Districts R-1, R-2, RR, RP, and AP the minimum lots size and lot width regulations do not apply to any nonconforming parcel of lad shown as lot in a recorded plat, or described in a deed or land contract executed and delivered prior to the effective date of this ordinance.

There shall be a maximum floor area ratio of 25 percent in District R-3 and 80 percent in Districts C-1, C-2, C-3, and I.

There shall be a maximum ground coverage ratio of 30 percent in District R-3 and 40 percent in Districts C-1, C-2, C-3, and I.

There shall be a minimum landscaped open space of 30 percent in District R-3 and ten percent in Districts C-1, C-2, C-3, and I.

back to top >>

Sec. 301 HOME OCCUPATION

Home occupations shall be permitted within Districts R-1, R-2, RR and LS/R, subject to the following provisions:

(A) Home occupation is conducted entirely within an enclosed building, employing only the inhabitants thereof, and not more than one other person, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Such home occupation shall not use more than 25 percent of the usable floor area of the dwelling for the conduct of a home occupation.

(B) Home occupation shall employ only those members of the family residing on the premises and not more than one outside employee.

(C) There shall be no outdoor storage and there shall be no exterior evidence of the conduct of home occupations, other than an approved sign.

(D) Specifically excluded is the storage, display and sale of merchandise not produced by such home occupations.

(E) No traffic shall be generated by such home occupation is greater volumes than would be normally expected in that residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the reuquirements of Section 500.

(F) No equipment or processes shall be used in such home occupation which creates noise, vibration, glare,fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interfernce in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(G) A sign advertising the home occupation shall not exceed 1,000 square inches and shall not be illuminated or have working parts. The home occupation use is restricted to two signs. If the sign is not visible from the road, it can be placed to the front of the lot or parcel, upon the determination of the Zoning Administrator.

back to top >>

Sec. 400 ZONING DISTRICT BOUNDARY SETBACK REGULATIONS

On lots in Districts C-1, C-2, C-3, and I , no structure shall be erected or maintained within 30 feet of the boundary line of any R-1, R-2, or R-3 districts. On lots in Districts R-3 and R-4, no structure shall be erected or maintained within 100 feet of the boundary line of any R-1, R-2, or LS/R districts. Where a boundary line divides a lot into two districts, it shall be treated as a lot line for purposes of the setback provisions of this Ordinance.

back to top >>

Sec. 401 GENERAL REGULATIONS

Every dwelling unit shall have a floor area of not less than 600 square feet, provided, however, that not more than 120 square feet thereof may consist of storage space, at least six feet six inches high in a fully enclosed accessory building on the same lot, but if such accesssory building is a garage or carport, such space must be fully partioned from the area usable for motor vehicle storage. No crawl space or area under a mobile home which is less than five feet in height, shall be fully enclosed by weatherproof material and any ventilators shall be screened.

back to top >>

Sec. 500 OFF-STREET PARKING REQUIREMENTS

Except in Districts PL, RP, and OS, there shall be provided off-street parking for motor vehicles, and the minimum number of parking spaces to be provided shall be as shown in the following list:

 

 

Use  Spaces Required
Single and two family dwellings 2 per dwelling unit
Rooming houses, fraternities, sororities, dormitories, convalescent homes .4 times maximum lawful number of occupants
Hotels 1.2 per room in addition to spaces
Required fore restaurant facilities
Apartments and townhouses 2 per dwelling unit or floor area in sq ft. divided by 440 whichever is greater
Mobile homes, subdivisions and parks 2 per mobile home
Churches, theaters, facilities for spectator sports, auditoriums, concert halls .35 times the seating capacity
Golf Courses 7 per hole
Barber shops and beauty parlors 2 plus 1.5 per chair
Bowling alleys 5 per lane in addition to spaces
Required for restaurant facilities
Fast food take-out establishments
And drive-in restaurants
.10 times floor area in square feet
Restaurants (Except drive-ins) 1.2 per 100 sq. ft. of floor space
Furniture, appliance, household equipment,
Carpet and hardware stores, repair shops,
Including shoe repair, contractor’s showrooms
And others, museums and galleries
1.2 per 100 sq. ft. of floor space
Funeral parlors 1 per 50 sq. ft. of floor space
Gas stations 1 per pump plus 2 per lift (in addition to stopping places adjacent to pumps)
Laundromats .5 per machine
Doctor’s and dentist’s offices 1 per 100 sq. ft. of waiting room area
And 1 per doctor or dentist
Banks 1 per 150 sq. ft. of floor space
Warehouses 1 per 500 sq. ft. of floor space
For uses not specifically listed above, the requirements listed below are applicable:
Retail stores and service establishments 1 per 150 sq. ft. of floor space and out Outdoor sales space
Offices 1 per 300 sq. ft. of floor space
Other commercial and industrial uses .75 times maximum number of employees on premises at any one time

Where calculations in accordance with the foregoing list results in requiring a fractional space, any fraction lees than one half shall be disregarded and any fraction of one half or more shall require one space.

Required off-street parking shall be provided on the lot to which it pertains.

The use of any required parking space for the storage of any motor vehicle for sale, or for any other purpose other than parking of motor vehicles is prohibited.\

The following minimum design standards shall be observed in laying out off-street parking facilities:\

Parking  Stall Aisle Parking Curb
Angle  Width Width Stall Length To Curb
(Degrees)
0 to 15 9 ft. 12 ft. 23 ft. 30 ft.
16 to 37 10 ft. 11 ft. 19 ft. 47 ft.
38 to 57 10 ft. 13 ft. 19 ft. 54 ft.
58 to 74 10 ft. 18 ft. 19 ft. 61 ft.
75 to 90 10 ft. 24 ft. 19 ft. 63 ft.

back to top >>

Sec. 501 REQUIRED OFF-STREET LOADING SPACES

Loading spaces required under this Section shall be at least 50 ft. long and 12 ft. wide. Every lot used for commercial or industrial purposes and having a building or buildings with a total floor area of at least 10,000 square feet and every lot used for office or research purposes on which there is a building or buildings having a total of 20,000 square feet shall be provided with off-street loading space. An additional off-street loading space shall be required for lots used for commercial or industrial purposes where the floor area of all buildings exceeds 100,000 square feet.

back to top >>

Sec. 502 SITE PLAN APPROVAL REQUIREMENTS.

Except with respect to single family dwellings and mobile homes on individual lots, no person shall commence any use or erect or enlarge any structure without first obtaining the approval of a site plan by the Zoning Administrator as set forth in this Section, and no use shall be carried on, no structure erected or enlarged, and no other improvement or construction undertaken except as shown upon an approval site plan.

back to top >>

Sec. 503 REQUIRED FORM OF AND INFORMATION ON SITE PLAN

Every site plan shall be submitted to the zoning administrator in three identical copies on one or more sheets of paper measuring not more than 25 by 36 inches, drawn to a scale not smaller than 40 feet to the inch, certified by a registered land surveyor or professional engineer, which shall show the following:

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

(B)  Existing and proposed grades and drainage systems and structures with topographic contours at intervals not exceeding two feet.

(C)  The shape, size, location, height, and floor area of all structures, the floor area and ground coverage ratios, and the finished ground and basement floor grades.

(D)  Natural features such as woodlots, streams and lakes or ponds, and man-made features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. Adjacent properties and their uses shall be identified.

(E)   Proposed streets, driveways, parking spaces, and sidewalks with indication of direction of travel for one-way streets and drives and inside radii of all curves. The width of streets, driveways, and sidewalks and he total number of parking spaces shall be shown.

(F)   The size and location of all existing and proposed public and private utilities and required landscaping.

(G)  A vicinity sketch showing the location of the site in relation to the surrounding street system.

(H)  A separate legal description of the land included in the site plan and of the lot for each dwelling; the name, address, and telephone number of the owner, developer, and designer.

(I)    Any other information necessary to establish compliance with this and other ordinances of the availability of adequate utility capacity.

back to top >>

Sec. 504 REVIEW PROCEDURE

Upon receipt of any site plan, the Zoning Administrators shall review it to determine whether it is in proper form, contains all of the required information, shows compliance with this and all other ordinances of Escanaba Township, and demonstrates the adequacy of utility services. Upon demand by the propose of the site plan, the Zoning Administrator shall, within 10 days, approve it in writing or deny approval in writing, setting forth in detail his reasons which shall be limited to any defect in form or required information, any violation of any provision of this or any other ordinance, or the inadequacy of any utility, and any changes which would make the plan acceptable. The proposer may appeal any denial to the Township Planning Commission.

back to top >>

Sec. 505 PLANNED UNIT DEVELOPMENT

(A)  Intent. To permit great flexibility in the use and design of structures and land in situations where modifications of specific provisions of this Ordinance will not be contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood in which they occur.

(B)  Application and Modification Powers. The provisions of this Section may be applied, upon application of the owner, to any lot exceeding two acres in size. The owner shall file with the Township Planning Commission a proposed site plan and detailed description of the structures to be erected the other facilities of the project and the land uses involved. In addition, he shall furnish such other information as the Township Planning Commission may reasonably require.

In acting upon the application, the township Planning Commission may alter setback requirements, height limits, building size limits, off-street parking regulations, landscaping rules and density and intensity limits. It may also authorize uses not permitted in the district where the lot is located, providing such uses are desirable or convenient for the uses are planned so as to assure that they will not materially alter the existing character of the neighborhood. However, uses not permitted in the district where the lot is located shall not be permitted to occupy more than ten percent of the lot area nor more than ten percent of the building floor area. Where the Commission determines that the application is consistent with subsection (A) of this Section and with the other requirements hereof, it shall enter an order authorizing development and use in accordance with the site plan and description contained in the application, modified as the Commission may require to carry out the intent and purpose of this Section and containing any conditions or restrictions which the Commission may consider necessary to carry out the purposes of this Ordinance and to protect the public health, safety, and welfare. The order shall recite the reason and findings of the fact upon which it is based.

(C)  Procedural Requirements. Prior to any determination concerning development and use under a planned unit development application, the Township Planning Commission shall obtain the opinion and recommendation of a professional planning advisor. The Planning Commission shall proceed pursuant to Section 105 of this Ordinance and the opinion and recommendation of the professional planning advisor shall be made part of the written record.

back to top >>

Sec. 510 APPLICABILITY OF LANDSCAPE REQUIREMENTS.


The provisions of the following five sections are applicable to every lot with respect to which a zoning compliance permit or a building permit for any structure or enlargement of any existing structure is hereafter required.

back to top >>

Sec. 511 REQUIRED PLANTING SCREENS

In Districts C-1, C-2, C-3, and I, wherever any parking lot, trash collection, outdoor storage, merchandising, or service area lies within 50 feet of any R-1, R-2, R-3, OR R-4 District, a planting screen of sufficient length to interfere with the view there of from the adjoining district shall be required except where the view is blocked be change in grade or other natural or manmade features. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, an opaque wooden fence, a chain link fence with interwoven redwood or cedar slats, or a masonry wall may be substituted.

back to top >>

Sec. 512 PLANTING SCREEN SPECIFICATIONS

All planting screens required by this Ordinance shall consist of plants, at least 30 inches high when planted, maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet. One of the plant materials in the following list shall be used and plants shall be located no farther apart then the distance indicated in each case.

Plant                 Distance Apart

Forsythia             3 feet

Lilac                   3 feet

Privet                 1-1/2 feet

Arbor vitae          4 feet

Pfizer juniper      4 feet

Scotch pine         5 feet

Substitution of plant materials shall be permitted only upon certification by the Zoning Administrator that the purposed plants can be thrive and provided equivalent screening and will create no nuisance or hazard.

back to top >>

Sec. 513 PARKING LOT PLANTING

Where the provision of off-street parking for 50 or more vehicles is required, there shall be landscaped open space within the perimeter of the parking area, in the minimum amount of 18 sq. ft. for each parking space, which shall be so located that no parking space is more than 120 feet from a portion of the landscaped open space required by this Section. Landscaped open space required by this Section shall be kept continuously planted with living vegetation. The required landscaped open space need not be continuous, but there shall be at least one tree in each separated area. Required trees shall be at least 12 feet high when planted or when this Ordinance becomes applicable thereto, shall be maintained in a healthy condition, and shall not be pruned, or to reduce existing height below 15 feet. The following varieties of trees are prohibited in meeting the requirements of this Ordinance: poplars, willows, American elms, seed-bearing locusts, and bow elders. All plant materials shall be kept pruned to maximize visibility through them between the heights of three and eight feet except where located so as to create no hazard to drivers or pedestrians.

back to top >>

Sec. 514 TIME OF COMPLETION

All plantings required by this Ordinance shall be installed prior to occupancy or commencement of use. Where compliance with the proceeding sentence is not possible because of the season of the years, the Zoning Administrator shall grant an appropriate delay but no permanent certificate of occupancy shall be issued until completion of all required plantings. Any certificate of occupancy may be revoked, after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever plantings are not maintained as required in this Ordinance.

back to top >>

Sec. 520 GRADING PERMITS

No grading, including any act by which soil, rock, or mineral matter is cut into, dug, quarried, uncovered, removed, displaced, or relocated, and including the removal of vegetable cover, excavation, and land balancing, shall be undertaken without first obtaining a grading permit from the Zoning Administrator and upon payment of a fee of $10 per acre or fraction thereof, but not exceeding $200, and a performance bond or other security in the amount necessary to insure compliance with the requirements of Sec. 521. No grading permit shall be required for agricultural, horticultural and forestry activities, the construction of a driveway which does not at any point vary from the surrounding grade by more than one foot, the normal graveling or grading of a road or driveway, any project that does not involve, in any one year, an area exceeding 2,000 sq. feet or more than 1000 cubic yards or material, or construction or maintenance of a septic tank or associated drain field. No grading permit for operations requiring more than one year for completion shall be issued except for lands in District I.

In addition, no grading permit shall be required for activities for which a permit has been issued pursuant to the provisions of the Soil Erosion and Sedimentation Control Act, Act 347, Public Acts of 1972.

back to top >>

Sec. 521 GRADING REQUIREMENTS

Anyone engaged in grading shall at all times take all appropriate and reasonable steps to prevent erosion including the construction of slit traps, the mulching and temporary or permanent planting of all areas exposed by grading, the construction of diversions, channel linings, grade stabilization structures, bank protection structures, and shall limit, insofar as is length of time that any area is exposed to erosion resulting from grading at any one time and the length of time that any area is exposed, and shall, upon completion of operations, leave the area in a condition where further erosion will not take place and the land is at least as suitable for uses permitted under this ordinance as when grading operations commenced.

back to top >>

Sec. 522 APPLICATION FOR GRADING PERMITS

An application for a grading permit must contain sufficient information to enable the Zoning Administrator to determine that the applicant proposes to take such measures as are necessary to meet the requirements of the preceding section. Where necessary, the Zoning Administrator shall require the submission of topographic maps, soil boring reports, or other necessary technical information. Upon receiving an application meeting the requirements set forth in this section, and the fee required in Sec. 520, the Zoning Administrator shall issue a grading permit to the applicant. No grading permit shall be valid except for work described in the application. The Zoning Administrator shall impose such conditions or requirements in granting the permit as may be necessary to insure compliance with the requirements of the preceding section, and shall impose such limits on working hours and time limits for completion of operations and various stages thereof as may be necessary to minimize incompatibility with nearby land uses, and failure to take any action or refrain from any action specified either in the application or on the face of the permit shall constitute a violation of this ordinance.

back to top >>

Sec. 523 FINANCIAL SECURITY

Pursuant to the provisions of Sec. 521, the applicant shall provide financial security in one or a combination of the following arrangements:

(A) Performance bond. A performance or surety bond issued by an acceptable bonging company authorized to do business in the State of Michigan.

(B)  Escrow fund. A cash deposit or by certified check.

(C)  Irrevocable letter of credit. An irrevocable letter of credit issued by a bank authorized to do business in the State of Michigan.

The security shall be filed with the Township Treasurer and shall be for same time period as the grading permit and of an amount estimated by the Zoning Administrator as necessary to make the site as suitable for uses permitted in this ordinance as before grading operations commenced.

back to top >>

Sec. 524 GRADING OPERATIONS

Whenever, during or following grading operation, conditions arise which require the taking of any measures or precautions or the imposition of any limits or restraints to assure compliance with the requirements of Sec. 521, the Zoning Administrator shall make a written order requiring the taking or refraining from any such action and post such order on the premises, and any violation thereof shall constitute a violation of this ordinance. Wherever it appears that measures or precautions previously required are unnecessary, the Zoning Administrator shall waive them in writing.

back to top >>

Sec. 601 DEFINITION AND CLASSIFICATION OF NONCONFORMING USES AND    STRUCTURES.

Nonconforming uses and structures are those which do not conform to a provision or requirement of this Ordinance but were lawful established prior to the time of its applicability. Class A nonconforming uses or structures are those which have been so designated by the Zoning Board of Appeals, after application by any interested person or the Zoning Administrator, upon findings that continuance thereof would not be contrary to the public health, safety, or welfare, or to the spirit of this Ordinance; that the use or structure does not and is not likely to significantly depress the value of nearby properties; that the use or structure was lawful at the time of its inception; and that no useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform. All nonconforming uses and structures not designated as Class A are Class B nonconforming uses or structures.

back to top >>

Sec. 602 PROCEDURE FOR OBTAINING CLASS A DESIGNATION, CONDITIONS

A written application shall be filed setting forth the name and address of the applicant, giving a legal description of the property to which the application pertains, and including such other information as may be necessary to enable the Zoning Board or Appeals to make a determination of the matter. The Zoning Board of Appeals may require the furnishing of such additional information as it considers necessary. The notice and hearing procedure before the Zoning Board of Appeals shall be pursuant to Section 105 of this Ordinance. The decision shall be in writing and shall set forth the findings and reasons on which it is based. Conditions shall be attached, including any time limit, where necessary to assure that the use or structure does not become contrary to the public health, safety, or welfare or the spirit and purpose of this Ordinance. No vested interested shall arise out of a Class A designation.

back to top >>

Sec. 603 REVOCATION OF CLASS A DESIGNATION

Any Class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for Class A designation.

back to top >>

Sec. 604 REGULATIONS PERTAINING TO CLASS A NONCONFORMING USES AND STRUCTURES

No Class A nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 18 months or if it has been changed to a conforming use for any period. No Class A structure shall be used, altered, or enlarged in violation of any condition imposed in its designation.

back to top >>

Sec. 605 REGULATIONS PERTAINING TO CLASS B NONCONFORMING USES AND STRUCTURES

It is a purpose of this Ordinance to eliminate Class B nonconforming uses and structures as rapidly as is permitted by law without payment of compensation. No Class B nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 18 months or if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the reproduction cost of such structure. No Class B nonconforming use shall be changed to a substantially different nonconforming use, nor enlarged so as to make use of more land area than used at the time of becoming nonconforming. In the case of mineral removal operations, existing holes or shafts may be worked and enlarged on the land which constituted the lot on which operations were conducted at the time of becoming nonconforming, but no new holes or shafts shall be established. No Class B nonconforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception.

back to top >>

Sec. 700 ZONING BOARD OF APPEALS – POWERS, DUTIES, RULES

There is hereby established a Zoning Board or Appeals as provided for in Act 184, Public Act of 1943, which shall have all of powers and duties provided by State law and no others except as specifically set forth in this or any other Ordinance of Escanaba Township. It may make any rules of procedure, consistent with law, which may be necessary or convenient for carrying out its functions. Copies of such rules shall be made available to the public by the Zoning Administrator at cost and be filed with the Township Clerk and be open to public inspection.

back to top >>

Sec. 701 CONDITIONAL USE PERMITS

No conditional use shall be established in any zoning district except upon permit issued by the Township Planning Commission, which shall be guided in making a decision by the standards set forth in this Ordinance. Any person seeking a conditional use permit shall provide to the Township Planning Commission such information as it may reasonably require to determine whether the grant of the requested permit is authorized by law. The Planning Commission shall review the particular facts and circumstances of each Conditional Use proposal in terms of the following standards and shall find adequate evidence showing that the proposed use:

(A) Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area

(B)  Will not be hazardous or disturbing to existing or future neighboring uses;

(C)  Will not diminish the value of land, buildings, or structures in the District;

(D) Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, or schools, and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

(E)  Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

(F)  Will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of noise, traffic, smoke, fumes, glare, or odors; and

(G) Will protect the public health, safety, and general welfare of the community.

Procedure shall be pursuant to Section 105 of this Ordinance.

back to top >>

Sec. 702 FEES

Neither the Township Planning Commission or the Zoning Board of Appeals shall consider any matter until there is first paid a fee as required below, except that such fee shall not required where the Township or any official body thereof is the moving party. The amount of required fees is as follows:

(A)    For consideration of a planned unit development proposal, $50 per acre with a minimum of $200.

(B)    For consideration of an application for a conditional use permit, $50.

(C)    For consideration of a variance or any other administrative matter, $5.

(D)    For consideration of a petition to amend the zoning ordinance, $25.

back to top >>

Sec. 703 THE ZONING ADMINISTRATOR

The office if Zoning Administrator is hereby established. The Zoning Administrator shall be appointed by the Escanaba Township Board and shall serve at their pleasure. He shall receive such compensation as the Township Board may, from time to time, determine. The Zoning Administrator may also serve in some other capacity as an employee or appointed officer of Escanaba Township. He shall administer the provisions of this Ordinance and shall have all administrative body. He shall have no power to vary or waive Ordinance requirements.

back to top >>

Sec. 704 ZONING COMPLIANCE PERMITS

Hereafter, no land use shall be commenced or changed and no structure shall be erected or enlarged until the person conducting such use or erecting or enlarging such structure has obtained a zoning compliance permit from the Zoning Administrator. The Zoning Administrator shall issue such permit upon the furnishing in writing, over the signature of the applicant, of such information as may be necessary to establish that the proposed use, structure, or addition is in full compliance with all provisions of this Ordinance, a finding by the Zoning Administrator that such is the case, and payment of a permit fee in the amount of $10. No zoning compliance permit shall be issued where it appears that any land area required to conform to any provision of this Ordinance is also required as a part of any adjoining property to keep the development or use thereof in conformity with this Ordinance, or to keep it from becoming more nonconforming, if such land area was, at any time subsequent to the commencement of development or use of such adjoining property, in common ownership with such adjoining property. Any zoning compliance permit based on any material false statement in the application of supporting documents is absolutely void abilities and shall be revoked. No zoning compliance permit shall remain valid if the use or structure it authorizes becomes nonconforming.

back to top >>

Sec. 705 CERTIFICATE OF OCCUPANCY

No permanent certificate of occupancy shall be issued under any building code applicable in Delta County until requirements of this Ordinance have been met. A temporary certificate may be issued under circumstances where expressly permitted by this Ordinance.

back to top >>

Sec. 706 SPECIAL ZONING ORDERS BOOK AND MAP

The Zoning Administrator shall keep in his office book, to be known as the Special Zoning Orders Book, in which he shall list, with a brief description, all variances, conditional use permits, authorizations for planned unit developments, designations of Class A nonconformance, and any terminations of any of them. Each item shall be assigned a number when entered. The Zoning Administrator shall also keep a map, to be known as the Special Zoning Orders Map, on which he shall record the number in the Special Zoning Orders Book to indicate the locations affected by the items in the book. The Special Zoning Orders Book and Map shall be open to the public inspection.

back to top >>

Sec. 707 VIOLATIONS ANDPENALTIES

Any person who violates any provisions of this Ordinance or any amendment thereto, or who fails to perform any act required hereunder of does any prohibited act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100 or imprisonment in the County Jail for not more than 30 days, or both, for each offense. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any violation of this Ordinance is hereby declared to be a public nuisance per se.

back to top >>

Sec. 900 ZONING MAPS

The location and boundaries of the zoning districts established by this Ordinance are set forth on the zoning maps of the Township of Escanaba which accompany this Ordinance, and which maps, with all notions, references, and other information shown thereon, is incorporated herein and is as much a part of the Ordinance as if fully described and set forth herein. The following are the zoning maps of the Township of Escanaba.

back to top >>

Sec. 901 ESCANABA TOWNSHIP ZONING MAP

Sec. 902 INTERPRETATION OF THE ZONING MAP

Where, due to the scale, lack of detail or illegibility of the zoning map in Section 900, there is any uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the Zoning Administrator shall make interpretation of said map upon request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Zoning Board of Appeals. The Zoning Administrator, and the Zoning Board of Appeals, in interpreting the zoning map or deciding any appeals, shall apply the following standards:

(A)  Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the center lines of alleys, streets, right-a-way or water courses, unless such boundary lines are fixed by dimensions shown on the zoning map.

(B)  Where zoning districts boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

(C)  Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

(D)  If, after the application of the foregoing rules, uncertainty still exists as to the location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of property and the history of zoning ordinances and amendments in the Township of Escanaba as well as all other relevant facts.