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

Agricultural District

Forested / Rural Residential District

Country Estate District

Low-density Residential District

Medium-density Residential District

Commercial District

Industrial District

Urban Mixed Use District

Business Route I 75 Overlay District

Airport Safety Overlay District

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

Purposes;

Permitted and Conditional Uses;

Development Standards;

Performance Standards;

Accessory Structures and Uses;

Miscellaneous Regulations.

The objectives of the West Branch Township Ordinance are:

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

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

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

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

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

F. To eliminate the improper use of land;

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

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

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

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

SECTION 1.3 SCOPE

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

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

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

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

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

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

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

SECTION 1.4 AUTHORITY

This Ordinance is enacted in accordance with Public Act 184 of 1943, as amended.

SECTION 1.5 VALIDITY AND SEVERABILITY

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

SECTION 1.6 EFFECTIVE DATE

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

CHAPTER 2 DEFINITIONS

SECTION 2.1 RULES APPLYING TO THE TEXT

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

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

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

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

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

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

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

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

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

I. The particular shall control the general.

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

SECTION 2.2 DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

	Lattice	Guyed	Monopole Greater Than 75 Ft in Height	Monopole Less Than 75 Ft in Height
Lattice	5000	5000	1500	750
Guyed	5000	5000	1500	750
Monopole Greater Than 75 Ft in Height	1500	1500	1500	750
Monopole Less Than 75 Ft in Height	750	750	750	750

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