O OUNTY ZONING ORDINANCE - Ogemaw County, Michigan

1 Ogemaw county ZONING ORDINANCE JULY, 1997 REVISED APRIL, 1999 REVISED FEBRUARY, 2001 REVISED MARCH, 2002 REVISED JANUARY, 2003 UPDATED AUGUST, 2007 Ogemaw county ZONING ORDINANCE Table of Contents i TABLE OF CONTENTS CHAPTER 1 DEFINITIONS .. 1 CHAPTER 2 GENERAL PROVISIONS.. 21 SECTION Jurisdiction ..21 SECTION Area, Height and Use Conditions and Exceptions ..21 SECTION Required Lots, Yards, and Frontage ..22 SECTION Principal Uses or Main Buildings on a Lot ..22 SECTION Double Frontage Lots ..22 SECTION Minimum Lot Width for Cul-de-sac Lots.

2 23 SECTION Projections into Yards ..23 SECTION Clear Vision Corners ..24 SECTION Control of Heat, Glare, Fumes, Dust, Noise, Vibration and Odors ..24 SECTION Temporary Dwellings, Uses, or Structures ..24 SECTION Accessory Uses ..26 SECTION Accessory Buildings or Structures ..28 SECTION Fences ..28 SECTION Swimming Pools ..29 SECTION Home Occupations ..29 SECTION Mechanical Appurtenances ..30 SECTION Dish Antenna ..30 SECTION Essential Service ..31 SECTION Illegal Dwellings ..31 SECTION Basis for Determining Front Yard Requirements.

3 32 SECTION Moving of Building ..32 SECTION Nonconforming Uses, Buildings or Structures ..32 SECTION Raising and Keeping of Fowl or Animals ..35 SECTION Minimum Requirements for Dwellings Outside Manufactured Home SECTION Riparian Access ..37 SECTION Private Roads ..38 SECTION Storage and Repair of Vehicles ..39 SECTION Maintenance of Landscaping and Buffers ..39 SECTION Dangerous Structures ..39 SECTION Open Space Provisions ..41 Ogemaw county ZONING ORDINANCE Table of Contents ii CHAPTER 3 MAPPED DISTRICTS .. 49 SECTION Districts.

4 49 SECTION ZONING Map ..49 SECTION Areas Not Included Within a District ..50 CHAPTER 4 CD - CONSERVANCY DISTRICT ..51 CHAPTER 5 CE - COUNTRY ESTATE DISTRICT ..53 CHAPTER 6 A/RP - AGRICULTURAL/RURAL PRESERVATION ..55 CHAPTER 7 WF - WATERFRONT DISTRICT ..58 CHAPTER 8 R-1 LOW DENSITY RESIDENTIAL DISTRICT ..60 CHAPTER 9 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT ..62 CHAPTER 10 R-3 HIGH DENSITY RESIDENTIAL DISTRICT ..64 CHAPTER 11 R-4 MANUFACTURED HOME PARK DISTRICT ..66 CHAPTER 12 B-1 LOCAL BUSINESS DISTRICT ..67 CHAPTER 13 B-2 GENERAL BUSINESS DISTRICT.

5 69 CHAPTER 14 B-3 HIGHWAY BUSINESS DISTRICT ..71 CHAPTER 15 M-1 INDUSTRIAL DISTRICT ..73 CHAPTER 16 SCHEDULE OF DISTRICT REGULATIONS ..77 CHAPTER 16 A ADULT USES ..79 CHAPTER 17 SITE PLAN REVIEW ..91 SECTION Purpose ..91 SECTION Site Plans Reviewed ..91 SECTION Application Procedures ..92 SECTION Site Plan Review ..92 SECTION Site Plan Review Standards ..93 SECTION Approved Site Plans ..95 Ogemaw county ZONING ORDINANCE Table of Contents iii CHAPTER 18 DISTRICT REGULATIONS - PARKING AND SIGNS ..97 SECTION Parking - General Requirements.

6 97 SECTION Signs - Intent ..102 CHAPTER 19 SPECIAL LAND USES ..111 SECTION Purpose ..111 SECTION Application and Review Procedures ..111 SECTION Basis of Determination ..112 SECTION Approval Term and Expiration ..113 SECTION Revocation of Special Land Use Approval ..113 SECTION Existing Special Exceptions ..114 SECTION Specific Special Land Use Standards ..114 CHAPTER 20 ZONING BOARD OF APPEALS ..133 SECTION Creation and Membership ..133 SECTION Organization and Procedures ..134 SECTION Appeals, How Taken ..135 SECTION Duties and Powers of the ZONING Board of Appeals.

7 136 CHAPTER 21 ADMINISTRATION AND ENFORCEMENT ..138 SECTION Enforcement ..138 SECTION Performance Guarantees ..139 SECTION Administration and Permit Procedure ..140 SECTION Special Use Permits ..141 SECTION Certificate of Occupancy ..141 SECTION Amendments ..141 SECTION Criteria for Amending the Official ZONING Map ..144 SECTION Criteria for Text Amendments ..145 SECTION Building Permits ..145 CHAPTER 22 TITLE, PURPOSE, SCOPE AND LEGAL BASIS ..146 CHAPTER 23 WIND ENERGY CONVERSION CHAPTER 24 ON-SITE WIND ENERGY CONVERSION Ogemaw county 1 Chapter 2 ZONING ORDINANCE General Provisions CHAPTER 1 DEFINITIONS (CHAPTER 1 REVISED 9/24/08) RULES APPLYING TO TEXT The following listed rules of construction apply to the text of this ORDINANCE : A.

8 The particular shall control the general. B. In the case of any difference in meaning or implication between the text of this ORDINANCE and any caption or illustration, the text shall control. C. The word "shall" is always mandatory and not discretionary. The word "may" is permissive. D. Words used in the present tense shall include the future; and words used in the singular number shall include the plural; and the plural the singular, unless the context clearly indicates the contrary E. A "building" or "structure" includes any part thereof. F. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

9 G. Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows. 1. "And" indicates that all connected items, conditions, provisions, or events shall apply. 2. "Or," indicates that the connected items, conditions, provisions or events may apply singularly or in any combination. 3. "Either/or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination. H. Terms not herein defined shall have the meaning customarily assigned to them. Ogemaw county 2 Chapter 2 ZONING ORDINANCE General Provisions DEFINITIONS ACCESSORY BUILDING, OR STRUCTURE A subordinate building or structure devoted to an accessory use; for example, a private free standing (unattached) garage, shed, pole barn or a mechanical equipment building for a swimming pool.

10 (8/2007) ACCESSORY USE, OR ACCESSORY A use of a zoned lot which is clearly incidental to the principal use of the lot and customarily found in connection with the principal use. When "accessory" is used in this text, it shall have the same meaning as accessory use. (8/2007) ADULT FOSTER CARE HOME A building and land used to house patients who need some supervision and/or living assistance on a long term basis. (01/2009) AGRICULTURE Land devoted to the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing cattle or bison, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities.