285 24 26018 https://digitalcollections.library.gvsu.edu/files/original/404d286b1b6af2277f5323b6597dad2f.jpg d4799820367c9755511c6769a9ec6d41 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_D053-0021 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1963-02-05 Title A name given to the resource Earl Wrightson and Lois Hunt Concert at MSU Description An account of the resource Black and white photograph of Lois Hunt on stage during an Earl Wrightson and Lois Hunt concert held at Michigan State University. The operatic duo had a partnership that lasted nearly forty years. Scanned from the negative. Subject The topic of the resource Michigan State University East Lansing (Mich.) Hunt, Lois, 1925-2009 Wrightson, Earl Concerts Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/822ced9a18e794b1d4e83b221e6a2997.jpg ede998b8090c06705bfb3748bc519cf2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_D054-0010 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1963-02-05 Title A name given to the resource Earl Wrightson and Lois Hunt Concert at MSU Description An account of the resource Black and white photograph of Earl Wrightson and Lois Hunt talking backstage, along with their accompanying pianist, before their concert held at Michigan State University. The operatic duo had a partnership that lasted nearly forty years. Scanned from the negative. Subject The topic of the resource Michigan State University East Lansing (Mich.) Hunt, Lois, 1925-2009 Wrightson, Earl Concerts Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/5eac5539877ca4d6f3bd8099c5bb17d1.jpg 783d5373b1122ad203ad092934f532b7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_D055-0024 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1963-02-05 Title A name given to the resource Earl Wrightson and Lois Hunt Concert at MSU Description An account of the resource Black and white photograph of Earl Wrightson having a conversation with two men backstage before the Earl Wrightson and Lois Hunt concert held at Michigan State University. The operatic duo had a partnership that lasted nearly forty years. Scanned from the negative. Subject The topic of the resource Michigan State University East Lansing (Mich.) Hunt, Lois, 1925-2009 Wrightson, Earl Concerts Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/b2c5e565ca2075011adda1a6359dd182.jpg db3f4bbfac5f4b4479ba8794d1d550a6 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Grand Valley State University Photographs Subject The topic of the resource Aerial photographs Universities and colleges Michigan Grand Rapids (Mich.) Allendale (Mich.) Building Facilities Dormitories Students Events 1960s 1970s 1980s 1990s 2000s Description An account of the resource People, places, and events of Grand Valley State University from its founding in 1960 as a 4-year college in western Michigan. Creator An entity primarily responsible for making the resource News & Information Services. University Communications Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/41">News &amp; Information Services. University Photographs. (GV012-01)</a> Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives. Date A point or period of time associated with an event in the lifecycle of the resource 2017-03-03 Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC-NC/1.0/?language=en">In Copyright - Non-Commercial Use Permitted</a> Format The file format, physical medium, or dimensions of the resource image/jpg Language A language of the resource eng Type The nature or genre of the resource image Identifier An unambiguous reference to the resource within a given context GV012-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s-2000s Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Local Subject Subject headings specific to a particular image collection 1960s Source <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/41">University photographs, GV012-01</a> Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context GV012-01_UAPhotos_000896 Title A name given to the resource Early computer Description An account of the resource Early computer. Subject The topic of the resource Grand Valley State University Michigan Allendale (Mich.) Universities and colleges Language A language of the resource eng Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC-NC/1.0/?language=en">In Copyright - Non-Commercial Use Permitted</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives black and white photo https://digitalcollections.library.gvsu.edu/files/original/4c8fffa424bd801da20b8503b542461d.pdf ff5c4e3e93781d83303a381ddf55ba3d PDF Text Text THE HEALTH & SOCIAL CLUB DY IKJ ' FOR GAY MEN IN INDY. 303 N. Senate Avenue . Indianapolis, Indiana (317) 63s-1a31 · 111'":iEel'~Naa~;r /[jL/[ r Cifl 'I t1ElU. TH . .CLIUIS We honor Prudential & Diplomat memberships with out-of-state ID. :0 ::r: 0 9 0 ...., 0 "' DOUGLAS, MICHIGAN RECORDING ARTIST EARTHA KITT AT DOUGLAS DUNES RESORT FULL MOON PARTY MONDAY, SEPT. 10th IT'S ALL HAPPENING AT ... I C 0 C K T A I L C 0 M p A N y ! 2211 E A ST NINTH STREET• CLEVELAND . OH 44115 • PHONE : (216) 566 0060 CRUISE/15 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Summers in Saugatuck-Douglas Collection Creator An entity primarily responsible for making the resource Grand Valley State University. Kutsche Office of Local History Description An account of the resource Collection contains images and documents digitized and collected through the project "Stories of Summer," supported by a National Endowment for the Humanities Common Heritage Grant. The collection aims to document the twin lakeshore communities of Saugatuck and Douglas, Michigan, as they transformed through the state's bustling tourism industry and acceptance of minorities. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1910s-2010s Source A related resource from which the described resource is derived Various Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/UND/1.0/">Copyright Undetermined</a> Subject The topic of the resource Michigan Saugatuck (Mich.) Douglas (Mich.) Michigan, Lake Allegan County (Mich.) Beaches Sand dunes Outdoor recreation Publisher An entity responsible for making the resource available Grand Valley State University Libraries. Allendale, Michigan Contributor An entity responsible for making contributions to the resource Saugatuck-Douglas History Center Identifier An unambiguous reference to the resource within a given context Stories of Summer (Common Heritage project) Format The file format, physical medium, or dimensions of the resource image/jpeg application/pdf Type The nature or genre of the resource Image Text Language A language of the resource English Date A point or period of time associated with an event in the lifecycle of the resource 2018 Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context DC-07_SD-DouglasDunes_0031 Title A name given to the resource Eartha Kitt at Douglas Dunes Resort Description An account of the resource Black and white interior page of Cruise entertainment publication featuring a photograph of recording artist Eartha Kitt at Douglas Dunes Resort in Douglas, Michigan. She is seen holding a bouquet of flowers and shaking hands with fans. The page also includes advertisements for The Body Works, The Health & Social Club for Gay Men in Indianapolis, and Keys Cocktails and Company in Cleveland, Ohio. Subject The topic of the resource Michigan Douglas (Mich.) Allegan County (Mich) Advertising fliers Gay culture Gay press publications Source A related resource from which the described resource is derived Digital file contributed by the Saugatuck Douglas History Center as part of the Stories of Summer project. Relation A related resource Stories of Summer (project) Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/UND/1.0/">Copyright Undetermined</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/29fb43204bcc7a5f92eb990dc5f94c87.pdf e266e9194e4c614239b1b31f8d3db82a PDF Text Text EAST BAY CHARTER TOWNSHIP MASTER PLAN Adopted January 3, 2023 ��East Bay Charter Township Planning Commission Resolution PC-2023-01 Adoption of the East Bay Charter Township 2022 Master Plan At a regular meeting of the Planning Commission for the Charter Township of East Bay, Grand Traverse County, Michigan, held in the Township Hall located at 1965 N. Three Mile Road, Traverse City, Michigan, on the 3rd day of January 2023. PRESENT: Ferguson, Gonzalez, Richardson, Leonard, Edly, Wassom, and Walters ABSENT: None The following resolution was offered by Walters and supported by Gonzalez and passed 7-0. Whereas in 2020, East Bay Charter Township authorized the preparation of a Comprehensive Master Plan to establish goals and guidelines to facilitate the direction, redevelopment and growth of the Township into the future; and; Whereas the Planning Commission, in concert with Planning & Zoning staff, the Board of Trustees, and with input from a cross section of local agencies, and the resident public, has undertaken an extensive evaluation of demographic data, land use patterns, economic development trends, natural features, and municipal interests essential to the development of a comprehensive master plan; and; Whereas the aforesaid information has been compiled into a Master Plan document that, in addition to other purposes, will serve to establish a pattern for land use to guide development and redevelopment, provide a legal basis for zoning and other regulations, and a basis for amendments to the Zoning Ordinance and Zoning Map, preserve or enhance natural resources, identify and recommend various infrastructure improvements and options, and address the desires and needs of the residents, businesses and property owners; and Whereas on May 17, 2022, pursuant to the requirements of Section 43, Preparation and Adoption of Master Plan of Article 3, of Michigan Public Act 33 of 2008, Michigan Planning Enabling Act, the East Bay Township Planning Commission approved the Master Plan and forwarded it to the Board of Trustees for public release; and Whereas on June 13, 2022, the Board of Trustees unanimously agreed to send the draft Master Plan out for Public Review; and Whereas on September 20, 2022 pursuant to the requirements of Section 43 sub section (3), Preparation and Adoption of Master Plan of Article 3, of Michigan Public Act 33 of 2008, Michigan Planning Enabling Act, the Planning Commission conducted a final public hearing on the proposed Comprehensive Master Plan; and East Bay Charter Township Resolution PC-2023-01 Page 1 of 2 �Whereas, in fulfillment of the requirements of Michigan Public Act 33 of 2008 Michigan Planning Enabling Act, the East Bay Charter Township Planning Commission has on this date, January 3, 2023, made the determination that the Master Plan document will facilitate the overall future planning and redevelopment objectives of East Bay Charter Township; therefore, be it Resolved by the Planning Commission of East Bay Charter Township that: 1. The proposed Comprehensive Master Plan for East Bay Charter Township is hereby adopted and that preparation of the final Comprehensive Master Plan document is hereby directed and scheduled for final distribution; and 2. That in accordance with Michigan Public Act 33 of 2008, East Bay Charter Township shall, no later than five years from this date, review the Master Plan and determine whether to commence the procedure to amend the Plan or adopt a new Plan. Upon roll call vote: YES: Ferguson, Gonzalez, Richardson, Leonard, Edly, Wassom, and Walters NO: None ABSTAIN: None THIS EAST BAY CHARTER TOWNSHIP PLANNING COMMISSION RESOLUTION PC-2023-01, APPROVED ON THE 3rd DAY OF JANUARY 2023, IS DECLARED ADOPTED BY THE PLANNING COMMISSION CHAIRMAN AND DECLARED CERTIFIED BY THE SECRETARY. Dan Leonard, Chair 01.03.23 Date I, the undersigned, the Secretary of the Planning Commission of Charter Township of East Bay, Grand Traverse County, Michigan, do hereby certify that the foregoing is a true and complete copy of certain proceedings taken by said municipality of East Bay Charter Township at its Planning Commission meeting, relative to the adoption of the resolution therein set forth, that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267 of 1976, Public Acts of Michigan, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. 01.03.23 Carl Ferguson, Secretary Date East Bay Charter Township Resolution PC-2023-01 Page 2 of 2 �The 2023 Master Plan for East Bay Charter Township involved significant effort of Boards and Commissions, stakeholders, and citizens of the community. Without this support, completion of this plan would not have been possible. PLANNING COMMISSION DAN LEONARD, Chair PAUL GONZALEZ, Vice Chair CARL FERGUSON, Secretary MINDY WALTERS, Township Board Liason RHONDA WASSOM, Commissioner RENEE EDLY, Commissioner STEVEN RICHARDSON, Commissioner ROBERT TUBBS, Past Chair JOHN SYCH, Past Chair TED HENTSCHEL, Past Commissioner JUDY NEMITZ, Past Secretary TRACEY BARTLETT, Past Township Board Liason BOARD OF TRUSTEES BETH FRIEND, Supervisor and Chair SUSANNE COURTADE, Clerk TRACEY BARTLETT, Treasurer MINDY WALTERS, Trustee GLEN LILE, Trustee MATT COURTADE, Trustee MATT COOK, Trustee Special acknowledgement to technical assistance provided by Land Informtation Access Association (LIAA) and State Craft in the form of mapping, data analysis, and focus group facilitation. Cover photo: Jacon Dean, Arbuts Lake Number 5 East Bay Charter Township Master Plan i �CONTENTS Executive Summary ............................................................................................................... # Chapter 1 Introduction ............................................................................................................................. 2 Chapter 2 Community Vision.................................................................................................................. 8 Chapter 3 Community Profile ............................................................................................................ 24 Chapter 4 Community Vision Page 8 Natural Features ................................................................................................................. 34 Chapter 5 Community Facilities........................................................................................................ 48 Chapter 6 Parks & Recreation .......................................................................................................... 58 Chapter 7 Housing & Neighborhoods ......................................................................................... 64 Chapter 8 Business & Economic Development ..................................................................... 72 Chapter 9 Transportation....................................................................................................................... 86 Chapter 10 Future Land Use & Zoning............................................................................................. 98 Chapter 11 Community Facilities Page 48 Action & Implementation .......................................................................................... 112 MAPS AND TABLES Maps Map 1. Watersheds ......................................................................................................................... 36 Map 2. Inland Lakes & Streams .................................................................................................... 37 Map 3. Wetlands ............................................................................................................................. 38 Map 4. FEMA - Flood Risk ................................................................................................................41 Map 5. Flooding Analysis.................................................................................................................. 42 Transportation Page 86 Map 6. Tree Canopy ....................................................................................................................... 44 Map 7. Prime Farmland .................................................................................................................. 45 Map 8. Wellhead Protection ........................................................................................................... 49 Map 9. Water Master Plan .............................................................................................................. 52 Map 10. Sanitary Sewer Master Plan ............................................................................................ 52 Map 11. Broadband & Internet ..................................................................................................... 55 Map 12. Parks & Recreation .......................................................................................................... 61 Map 13. Road Classification .......................................................................................................... 87 Map 14. PASER Rating ................................................................................................................... 89 Map 15. Non Motorized Plan ......................................................................................................... 93 Map 16. Existing Land Use .......................................................................................................... 102 Map 17. Zoning ............................................................................................................................. 103 Map 18. Future Land Use ............................................................................................................ 106 ACTION & IMPLEMENTATION Page112 ii� East Bay Township Master Plan �Tables Table 1. Total Population ............................................................................................................... 26 Table 2. Total Population Change ................................................................................................. 26 Table 3. Households (2019 ACS) .................................................................................................. 27 Table 4. Age (2019 ACS) ............................................................................................................... 28 Table 5. East Bay Township Racial Distribution ........................................................................... 29 Table 6. Educational Attainment .................................................................................................. 29 Table 7. Income .............................................................................................................................. 30 Table 8. East Bay Township Median Earnings ............................................................................. 31 Table 9. East Bay Township Employment by Industry Sector ...................................................... 32 Table 10. Wetlands ......................................................................................................................... 39 Table 11. Trees in the Regional Business District ........................................................................ 43 Table 12. Types of Wells in East Bay Township ............................................................................ 50 Table 13. Municipal Wastewater Capacity ................................................................................... 51 Table 14. School Enrollment ......................................................................................................... 56 Table 15. Recreation Resources in East Bay Township .............................................................. 59 Table 16. Housing Units ................................................................................................................. 65 Table 17. Housing Types ................................................................................................................ 65 Table 18. Industry Trends in East Bay Township ......................................................................... 75 Table 19. District Regulations and Future Land Use Categories ............................................. 105 Table 21. Natural Resources Action Plan ................................................................................... 117 Table 22. Housing & Neighborhoods Action Plan ....................................................................... 117 Table 23. Community Facilities Action Plan ............................................................................... 118 Table 24. Economic Development Action Plan ......................................................................... 118 Table 25. Farmland & Agriculture Preservation Action Plan ................................................... 119 Table 26. Governance & Regional Cooperation Action Plan .................................................... 119 East Bay Charter Township Master Plan iii �CHAPTER 1 | INTRODUCTION� E A ST B A TOWN S H IP East Bay Township Water Tower Photo courtesy of Jacob Dean. 1� East Bay Charter Township �� CHAPTER 1 | INTRODUCTION CHAPTER 1 INTRODUCTION The process of creating a Master Plan asks a community to pause from its busy daily operations of running the Township, and look to the future. As a policy document that comprehensively inventories and analyzes the elements that makes East Bay Township tick, it is essential to include as many stakeholders in the process as possible. While much of the content of the 2022 Master Plan remains unchanged, the planning process holistically engaged the residents and stakeholders of East Bay Township. l'tJRTH,PD~ 3124,.i_ CHERRY KNOLL 05 •• CONCERVANCY 1 "i. ST BAY LIBRARY D~ K£Ml~lt;AN WHAT IS A MASTER PLAN? The Michigan Planning Enabling Act, PA 33 of 2008, enables municipalities to write a Master Plan that broadly guides development to meet current and future needs and promotes the health, safety, and general welfare of its residents. Through community engagement, the Master Plan identifies key challenges the residents face, but focuses on finding a shared vision and goals that could help achieve that vision in perpetuity. More specifically, the Master Plan collates a vision statement, an Action Plan with specific strategies, tools for making coordinated land-use decisions, assessment of current programs, services, structures, and infrastructure, into one document to inform its citizenry on how the Township will plan for its future. A sign at the Three Mile Trail Open House in 2021, showing attendees the walking and biking distances to various destinations throughout the Township. Photo courtesy of Gary Howe. RELATIONSHIP TO THE ZONING ORDINANCE The Master Plan is not a binding agreement but rather a planning framework. The Zoning Ordinance, on the other hand, is local land use law. The Zoning Ordinance is a set of regulations that provide the details for how and where development can locate to exacting specifications. The Zoning Ordinance is how the Master Plan gets implemented; as outlined in the Michigan Planning Enabling Act of 2008, a direct relationship between the two documents is required. For example, if it emerges through community engagement and research that the housing types available do not adequately serve the population, then a vision statement in the Master Plan could read “to plan for housing types that meet all the preferences of all age groups, income levels, and disabilities.” To ensure this vision is implemented, a municipality would revisit the zoning ordinance to determine if the land use code is preventing a particular type of development through height restrictions or lot size requirements. Only when the two documents are in sync can they be effective planning tools. East Bay Charter Township 2 �CHAPTER 1 | INTRODUCTION� REGIONAL CONTEXT Four Mile Rd High Lake Rd Rasho Rd Pe rc h La ke Rd Townline Rd Edgecomb Rd Three Mile Rd Four Mile Rd e Rd 3� Lak utus East Bay Township is located in the north central portion of Grand Traverse County, with frontage along East Grand Traverse Bay. fie ld R Rd d ts h ig Sle Lardie Rd i E Arb G ar EAST BAY CHARTER TOWNSHIP, GRAND TRAVERSE COUNTY ile Rd Five M East Bay Charter Township is located in Grand Traverse County and lies in the northwest portion Location of East Bay Township within Michigan of Michigan’s lower peninsula. East Bay Charter Township is an important part of the greater Grand Traverse community. 31 £ ¤ Located adjacent to the City Holiday Rd of Traverse City and along the southern shoreline of Grand Traverse Bay, the Township Vanderlip Rd Wemple Rd includes a broad range of land Hammond Rd forms and development. While the Supply Rd predominate form of development Su pp is residential in nature, the rolling ly Rd topography, dense woodlands, N inland lakes and, of course, Grand Potter Rd Traverse Bay, lend a resort and recreational character to the Data Sources: Trager East Bay Township, Rd Grand Traverse County, community. Eikey Rd wy SH b ob ch Ran E River Rd Michigan GIS Open Data. sH Rud olf R d Prepared September 2020 for East Bay Township d ge R n Brid Brow Scharmen Rd East Bay Charter Township �� CHAPTER 1 | INTRODUCTION RELATIONSHIP TO EXISTING PLANS AND STUDIES This Master Plan adds to East Bay Township’s strong history of planning studies over the years. These efforts have analyzed the community’s natural features, built characteristics, infrastructure, and economic potential, and made recommendations for improvement in these specific areas. This plan draws on recommendations from these strategic documents, codifies the information in them, and uses them as the basis for further action. The following plans and documents were used to frame this master plan update. EAST BAY TOWNSHIP MASTER PLAN, 2015 The last update for the East Bay Township Master Plan occurred in 2015. This Master Plan sets a strong framework for targeted growth and development as well as natural resource preservation. It presents the vision, goals and strategies to guide the Township toward a desired and achievable future for the next ten to twenty years. Its focus is on natural resources protection, wise land use, attractive housing and neighborhoods, good jobs and economic development and public services that meet the needs of local residents. The updated Future Land Use (FLU) Map remains virtually unchanged compared with the 2015 FLU Map. EAST BAY TOWNSHIP PARKS & RECREATION MASTER PLAN, 2019-2023 East Bay Township’s Parks & Recreation Master Plan, commonly referred to as a “5-Year Recreation Plan,” was adopted in 2019 and serves as a basis for priority projects and future land acquisition related to parks and recreation in East Bay Township. To be eligible to apply for Land and Water Conservation Fund, Michigan Natural Resources Trust Fund, and Waterways grants, a community must have an approved 5-Year Plan on file with the Michigan Department of Natural Resources (MDNR). East Bay Township’s plan includes an inventory of existing A 10 YEAR VISION FOR The 2015 Master Plan serves as a strong foundation for the updated master plan. Community input indicated many of the goals and objectives remain unchanged. recreation resources, existing programing, gaps in facilities, and a prioritization of future projects related to parks and recreation. EAST BAY BEACH DISTRICT STRATEGY, 2018 The East Bay Beach District Strategy was developed in 2018 with input from local business owners and managers, Township officials, Grand Traverse County Planning Department, and other agency stakeholders. The Grand Traverse Bayshore Corridor is known by several names within East Bay Charter Township. It is generally referred to as Munson Avenue between the city limits of Traverse City at Avenue B eastward to Three Mile Road and known as US-31/M-72, east of Three Mile Road to Acme Township. The strategy includes an inventory of existing conditions, results of a visioning session East Bay Charter Township 4 �CHAPTER 1 | INTRODUCTION� and visual preference survey, and goals and objectives as identified by stakeholders. BAYSHORE CORRIDOR STRATEGY, 2014 The 2014 Bayshore Corridor Strategy was a collaborative planning effort for the ten-mile-long bayshore corridor linking Acme, East Bay, Traverse City, and Elmwood. Devised as a blueprint for developing a cohesive development approach for the entire corridor, the Bayshore Corridor Strategy identified values and goals, and strategies for implementing them. These strategies can be summarized as (1) identification of transportation improvements (i.e. crosswalks, bike lanes, etc.); (2) development of common zoning standards; and, (3) development of a branding and wayfinding (identity) strategy for the corridor. GRAND TRAVERSE BAY REGION DEVELOPMENT GUIDEBOOK, 2000 The original guidebook was developed in 1992 with the stated goal of “maintaining and improving the quality of life of the people who live here and of those in future generations” through appropriate development practices, and has since been updated to keep with current trends in the County. The guidebook includes an inventory of existing land use and development patterns, an overview of preferred development principles, and examples of sustainable development techniques. The East Bay Township Zoning Ordinance references this document in relation to landscaping standards and other development practices. Both the Beach District Strategy and the Bayshore Corridor Strategy were informed by significant stakeholder input and help form a foundation for placemaking and economic development goals in East Bay Township. BEACH DISTRICT STRATEGY Bayshore Corridor Strategy Phase I Summar)' Report+ May 2014 -~ .,.,_IIIXloJnonlhl,proctHll.!IDl,W• _ . . . . . , I I M l r -,11r1 1ctuonlmllC511Wll :i.-..:==---~ ------Clrl(.,.._ 5� East Bay Charter Township �� CHAPTER 1 | INTRODUCTION East Bay Charter Township 6 �CHAPTER 2 | COMMUNITY VISION� PROPOSED TART TR L CORRIDOR East Bay Town hip Photo courtesy of Gary Howe, Three Mile Trail Public Open House. 7� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION CHAPTER 2 COMMUNITY VISION Public input served as the foundation of the East Bay Township master planning effort. The goal of the public engagement process was to gather input from diverse stakeholders in a variety of ways. Township leaders worked to make the input opportunities as accessible and inviting as possible and offer a variety of different forums for collecting this input. EAST BAY TOWNSHIP PLANNING COMMISSION The East Bay Township Planning Commission took a leadership role on facilitating an open and inclusive process for the master plan development. The planning commission met monthly over the course of the project to review existing planning documents and make recommendations for the master plan. Planning Commission meetings were open to the public and included informational presentations designed to build a better understanding of local land use and demographic trends as well as housing and economic opportunities. The Planning Commission also developed the future land use map, zoning plan, and action plan based on extensive public input and data gathering. COMMUNITY INPUT METHODS 1. Planning Commission as Steering Committee 2. Public comment at Planning Commission Meetings 3. Community Survey 4. Community Focus Groups 5. Joint study sessions between Board of Trustees and Planning Commission COMMUNITY FOCUS GROUPS East Bay Township hosted a series of focus groups in 2021 to inform the current update to the Township Master Plan. The Township hired a consultant to facilitate the focus groups. Five focus groups were held around the topics of families with children, business, transportation, natural resources, and senior citizens. The purpose of the focus groups was to understand the most pressing issues facing East Bay Township from the perspective of East Bay Township residents, business owners, visitors, and stakeholders. The focus groups were held remotely via Zoom and attended as follows: ■ Senior Citizens, February 9, 2021: 11 attendees ■ Families with Children, May 25, 2021: 13 attendees ■ Business, May 27, 2021: 5 attendees ■ Transportation, June 2, 2021: 10 attendees ■ Natural Resources, June 3, 2021: 21 attendees Three Mile Trail Open House in East Bay Township, photo courtesy of Gary Howe. East Bay Township Master Plan 8 �CHAPTER 2 | COMMUNITY VISION� Several high-level themes emerged across all focus groups, including: ■ The TART Trail system is widely appreciated and used. Additional non- motorized infrastructure is desired. ■ Traffic speed and flow throughout the Township is a concern for many resident and business stakeholders. ■ East Bay Township’s mix of urban amenities and rural character make it a desirable place to live. ■ Land use regulations should protect and enhance our dense woodlands, open spaces, and inland lakes. ■ The Hammond and 3 Mile intersection’s future land use and design generated a lot of interest, specifically including safe pedestrian crossings, community amenities, and active businesses are desired in the area. “I WOULD LIKE TO SEE THE TOWNSHIP ENCOURAGE PARKS DEVELOPMENT NEAR NEIGHBORHOODS.” -Focus Group Participant Volunteers serving breakfast at the annual pancake breakfast in East Bay Township. 9� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION FAMILIES WITH CHILDREN FOCUS GROUP FEEDBACK Focus group registrants were asked to provide their feedback to two questions via email prior to the focus group: what is working well and what is not working, related to raising a family with children in East Bay Township? What do you want the Township to do related to raising a family with children in East Bay Township? Next, focus group attendees were asked to consider what the Township and partners could do to support raising a family in East Bay Township. Focus group attendees were asked to share their personal experience. Oft-repeated feedback is summarized below. 1. Future pedestrian infrastructure improvements should be considered as new developments are proposed and should prioritize neighborhood connections and intersection safety. 2. Housing is needed for all income levels. 3. The process for reviewing new development requests should be thoughtful and transparent. 4. Groundwater contamination is a concern. 5. East Bay Township’s character provides the right mix of urban convenience and rural space. New development should be thoughtfully targeted to maximize urban connections and minimize sprawl. “THE TOWNSHIP NEEDS MORE SAFE TRAILS AND SIDEWALKS.” -Focus Group Participant 6. Increase community gathering amenities in parks. BUSINESS FOCUS GROUP FEEDBACK Focus group registrants were asked to provide their feedback to two questions via email prior to the focus group: what is working well and what is not working, related to owning and/or operating a business in East Bay Township? Focus group attendees were asked to share ideas and priorities based on their their personal experience. Oft-repeated feedback is summarized below. 1. Develop a brand for the Township. 2. Be proactive in identifying what types of businesses are needed and how to attract them. 3. Implement buffering measures between commercial uses will improve community and corridor aesthetics. 4. Encourage the development of community center amenities at Hammond and 3 Mile intersection, including a coffee shop, farmer’s market, and community gathering space at the Township offices. 5. Locate new development to protect dense woodlands, open spaces, and inland lakes. East Bay Township Master Plan 10 �CHAPTER 2 | COMMUNITY VISION� TRANSPORTATION FOCUS GROUP FEEDBACK Focus group registrants were asked to provide their feedback to two questions via email prior to the focus group: what is working well and what is not working, related to transportation in East Bay Township? Focus group attendees were asked to share feedback based on their personal experience. Oft-repeated feedback is summarized below. 1. US-31 and Hammond ingress and egress should be thoughtfully designed to support traffic flow and safety along the corridors. 2. Need additional crosswalks on US-31 for pedestrians crossing between hotels and Lake Michigan. 3. Vehicle traffic on the US-31 corridor will slow as dense development continues along the corridor. 4. Reducing speeds on major roads and improving pedestrian crossings work together. “SENIORS ARE LOOKING FOR MORE RECREATION PROGRAMMING AND OPPORTUNITIES” -Focus Group Participant 5. The Township should continue to partner with environmental and natural resource partners to ensure that natural resources are safeguarded and with transportation partners to minimize traffic speeds and maximize intersection efficiency. NATURAL RESOURCES FOCUS GROUP FEEDBACK Focus group registrants were asked to provide their feedback to two questions via email prior to the focus group: what is working well and what is not working, related to natural resources in East Bay Township? Next, focus group attendees were asked to consider what the Township and partners could do related to natural resources in East Bay Township. Oft-repeated feedback is summarized: 1. The Master Plan and Zoning Ordinances are well intentioned. Enforce existing zoning rules and close loopholes. 2. Township residents are very engaged in natural resource issues. 3. Many property owners are well-meaning but don’t understand what is allowed and not allowed on their property. Communicate with property owners, residents, realtors, and contractors around Township land use regulations. 4. Wetland and tributary protections are vital to ensure the Township remains rich in high-quality water resources. 11� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION SENIOR CITIZENS FOCUS GROUP FEEDBACK Attendees began by introducing themselves and shared what interested them related to senior services. Attendees were then polled to identify when topic(s) to discuss in more detail, and in which order. These included environmental protection, recreation, transportation & economic development, and housing, as summarized below. DISCUSSION THEMES 1. Environmental Protection: Numerous sites on Munson Ave in need of beautification; Dark sky protection is important; Concern about lack of separation and green buffers between land uses; Education of real estate professionals regarding protection requirements; Desire to keep rural character; Consider preservation of agricultural lands, including Preservation of Development Rights program. 2. Recreation: Desire for further development and accessible access to biking, hiking, cross-country ski trails and pathways; Desire for safe biking lanes on rural roads of Township; Desire for more canoe and kayak points of access for East Bay and inland lakes; The Township is a mecca for retirees and retirees today are active and healthy; and Design recreation opportunities with elderly population in mind. 3. Transportation & Economic Development: Need more promotion of the Bayline bus service; Desire for frequency and hours of operation expanded within the Township; Traffic issues are increasing in summer and throughout year; Hammond and Three Mile has potential for better transportation and land use development, such as a roundabout and village center, respectively. 4. Housing: Acknowledgement that service workers in the Township have difficulty finding housing and more affordable options are needed; Concerns over traffic and number of new homes planned for Hammond; Desire for high quality homes while still preserving the landscape and existing trees; and tiny homes should be addressed in new Master Plan. East Bay Township Master Plan 12 �� CHAPTER 2 | COMMUNITY VISION COMMUNITY SURVEY RESULTS The East Bay Township Planning Commission developed a community survey to gather feedback for the Master Plan update. The survey was hosted online and distributed to residents, businesses, and property owners. A postcard with a link to the online survey was mailed to all residential and commercial addresses, as well as all permanent property owner addresses if they differed. Hard copies of the survey were mailed to residents upon request and made available at the Township Hall. The survey was open from November 1, 2020 through January 15, 2021. A total of 655 surveys were completed and returned. Response rate is difficult to determine given the fact that the survey was open to residents, businesses, and property owners. The majority of respondents (84%) were year-round residents. Based on the 2015-2019 American Community Survey estimates, East Bay Township has 4, 575 households. These are groups of individuals living together who claim East Bay Township as their primary residency. A total of 546 permanent residents completed the survey. Based on this information, the response rate is estimated at 12% of all households in East Bay Township. It should be noted that this does not account for the fact that in some instances, multiple people from one household may have completed the survey. On the following pages is a detailed summary of the survey results. SURVEY BY THE NUMBERS A total of 655 individuals completed the East Bay Township Community survey. ■ 84% were year-round residents. ■ 12% were seasonal residents. ■ 4% lived elsewhere, and were likely completing the survey as a business owner or employee. To the left is a postcard sent out to all property addresses and property owner addresses in East Bay Township in early November 2020. LET'S PLAN OUR FUTURE TOGETHER Share your vision! East Bay Charter Township is updating the Community Master Plan. The Master Plan is a blueprint for how a community aspires to grow and develop. Together, we will be making important decisions on land use, zoning, transportation, recreation, and resource conservation. Get involved today! Complete the online survey by December 18, 2020 at: www.surveymonkey.com/r/East-Bay-Survey Paper versions of the survey will be available at the Township Hall. To receive a mailed copy, please call Director of Planning & Zoning Claire Karner at 231-947-8681 ext. 2. East Bay Charter Township • 1965 N Three Mile Road • Traverse City, MI 49696 • Main Office: (231) 947-8647 East Bay Township Master Plan 13 �CHAPTER 2 | COMMUNITY VISION� Question 1: How would you rate the Township on the following quality of life issues? While many of these issues are regional in nature, we want to know how you feel the Township is performing in these areas. Quality of Emergency Services (Police, Fire, and EMS) 35% Variety of parks and recreation facilities 21% Quality of schools Cost of living and affordability Variety of transportation options 7% Quality of roads 3% 34% ■ Good ■ 21% Fair 26% 47% 30% ■ Poor 30% 32% 42% 5% Excellent 7% 43% 11% 14% 18% 45% 13% Employment opportunities 3% 5% 56% 17% Access to shopping and dining opportunities Broadband and cellular services 46% 10% 15% 36% 30% 8% 16% 18% 42% 31% 11% 6% 21% 33% ■ Unsure / Doesn't Apply As shown in question 1, it is interesting to note that at least half of all respondents rated the Township as good or excellent in the quality of emergency services, variety of parks and recreational facilities, quality of schools, access to shopping and dining opportunities, broadband and cellular services, and cost of living. A total of 81% of respondents felt quality of emergency services were either good or excellent, and variety of parks and recreation facilities was a close second, with 77% of all respondents characterizing them as good or excellent. Quality of schools and employment opportunities both had 30% or more of respondents unsure of quality, indicating they are not personally impacted by these topics. 14� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION Question 2: Which of the following housing options would you support adding in East Bay Township? Single family houses 57% Smaller housing options 33% Senior living centers or communities 33% Housing above storefronts 12% Duplexes 11% Short term rentals 11% Mobile or manufactured homes ■ Very supportive ■ 5% Somewhat supportive 21% 15% 22% 16% 10% ■ Neutral 18% 24% 15% 24% 28% 19% 14% 23% 27% 28% 27% 29% ■ Somewhat unsupportive 7% 14% 21% 22% 22% 6% 3% 17% 24% 6% 8% 28% 26% 3% 7% 29% 24% 26% 8% 25% 32% 15% Townhouses / row houses 14% 37% 18% Rental housing Seasonal housing 29% 24% Accessory Dwelling Units (also called granny flats) 24% 20% 37% ■ Very unsupportive As shown in the Question 2 graphic on housing options, single family homes were the type of housing with the greatest level of support amongst survey respondents. However, this is not surprising due to the fact that 86% of occupied homes in the Township are owner-occupied and 86% are single unit homes. There still appears to be some support for other housing options. Over half of survey respondents were supportive of senior living centers or communities and housing above storefronts. The only options that elicited an “unsupportive” response from over half of survey respondents were mobile or manufactured homes and short term rentals. East Bay Township Master Plan 15 �CHAPTER 2 | COMMUNITY VISION� Question 3: Which of the following transportation improvements would you be in support of in the Township? Expansion of non motorized options throughout the Township elicited strong support from survey respondents. Sidewalks and pathways connecting neighborhoods with schools was supported by three-quarters of all respondents. Similarly, 75% of respondents supported sidewalks along collector roads like Three Mile and 72% of respondents were in support of more bike lanes throughout the Township and non motorized trails along roads such as Hammond Road. Over half of respondents supported expanded bus routes and increased service, sidewalks in existing subdivisions, and electric vehicle charging stations. The only transportation amenity that received less support was accommodations for electric bikes. These survey results further support Safe Routes to School and other non motorized planning efforts underway in the Township. Sidewalks and pathways connecting neighborhoods with schools 54% More bike lanes throughout the Township 53% 19% Sidewalks along both sides of collector roads 51% 24% Non motorized trails on arterial roads Sidewalks within existing subdivisions ■ Very supportive 16� ■ Somewhat supportive ■ 28% 28% Electric vehicle charging stations Accommodations for high speed electric bikes 32% 30% 30% 25% 13% Neutral ■ 21% 13% 33% Somewhat unsupportive 9% 6% 11% 7% 6% 14% 24% 48% Expanded bus routes and increased service 13% 3%4% 26% 29% 6% 7% 4%5% 29% 8% 7% 30% 7% 8% 17% 16% ■ Very unsupportive East Bay Township Master Plan �CHAPTER 2 | COMMUNITY VISION� Question 4: Which of the following recreational improvements would you like to see in the Township? Expanded hiking trails 60% Increased public access to East Bay 48% Improvements at neighborhood parks 47% Improved access for people with mobility constraints Very supportive ■ Somewhat supportive ■ 16% Neutral 18% 32% 22% 20% 5%4% 14% 3% 22% 32% 26% 10% 3% 35% 36% Improved access for boaters to inland lakes ■ 26% 42% Parks and recreation programming Expanded ATV and snowmobile trails 25% 2% 26% 32% 31% ■ Somewhat unsupportive ■ 10% 16% 3% 11% 17% Very unsupportive As shown in the results on Question 4, expanded hiking trails garnered the most support from survey respondents at 85% either very supportive or somewhat supportive. Improvements to neighborhood parks, increased public access to East Bay, and improved recreation access for those with mobility constraints all gained support by three quarters or more of respondents. Expanded ATV and snowmobile trails and improved access for boaters to inland lakes both garnered support from slightly less than half of respondents. 17� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION Question 5: The Township is actively working to support placemaking and economic development along the U.S. 31 Beach District. Which of the following businesses/amenities would you like to see encouraged in this district? Please keep in mind that many of these actions would require partnerships with other agencies. Check all that apply. Increased tree canopy & preservation of existing white pines 73% Traffic calming measures to slow speeds 63% Improved public access to East Bay 60% Developments with a mix of housing, retail, and dining 49% 39% 29% Logo and branding efforts 37% 31% 35% Pedestrian connections with nearby residential neighborhoods 33% Expansion and increased frequency of BATA Bayline Very supportive ■ Somewhat supportive ■ 14% Neutral ■ 13% 2% 27% 11% 17% 18% 20% 28% Somewhat unsupportive 5% 4% 8% 6% 25% 32% 30% 6% 2% 21% 25% Safe pedestrian crossings More locally-owned businesses ■ 17% 5% 6% 6% 31% 32% ■ 4%4% 13% 11% Very unsupportive As illustrated by the responses to Question 5, there was strong support amongst survey respondents to placemaking improvements along the U.S. 31 corridor. A total of 90% of respondents were either very supportive or somewhat supportive of increasing tree canopy and preserving white pines on the corridor. This further supports the recent efforts undertaken by the tree preservation subcommittee focused on preserving iconic white pines along the U.S. 31 corridor. Similarly, 87% supported improved public access to East Bay and 84% supported traffic calming measures to slow speeds. Other notable improvements that garnered support from over half of survey respondents included mixed use developments, safe pedestrian crossings, logo and branding efforts for the Beach District corridor, support of more locally owned businesses, and better pedestrian connections with nearby neighborhoods. Question 5 provided respondents with the opportunity to expand with additional ideas for placemaking on the U.S. 31 Beach District Corridor. Top priorities included adding more greenspace and investing in tree canopy, facilitating redevelopment on vacant and underutilized parcels, and a desire for more dining and entertainment options along the corridor. From a transportation standpoint, numerous respondents highlighted the need for better pedestrian crossings along U.S. 31. Traffic speeds were a top priority amongst respondents with the majority favoring traffic calming measures. East Bay Township Master Plan 18 �CHAPTER 2 | COMMUNITY VISION� Question 6: Which of the following do you feel are zoning and/or land use issues in the Township? Blight and junk on private properties 35% High water levels on inland lakes and Lake Michigan 32% Redevelopment and reuse of vacant or underutilized properties Residential development pressure in Forest Lakes Area 19% Short-term rentals 18% Limited development options in single family zoning districts Food Trucks 4% ■ The most significant issue ■ 15% 34% 32% 43% ■ 13% 33% 36% 37% An issue but not the most pressing 10% 31% 39% 22% 8% 25% 40% 14% 6% 21% 41% 26% 4% 21% 41% Not a major issue ■ Not an issue at all As noted in the results graphic for Question 6, a few land use and zoning issues rose to the top of the priority list for respondents. Blight and junk on private property was noted as the most significant issue by 35% of respondents while high water levels on inland lakes and Lake Michigan was a close second, with 32% of respondents identifying this as the most significant issue. Other items of significance included redevelopment and reuse of underutilized properties (rated as most pressing by 26% of respondents), residential redevelopment in the Forest Lakes Area (19% rated as most pressing), and short term rentals (18% rated as most pressing). Question 6 invited respondents to expand on the multiple choice options or identify additional zoning and land use issues of importance. Environmental concerns were a recurring theme. Some respondents vocalized a desire for better ordinances and enforcement to protect water quality. There was also a desire for preservation of trees and native landscaping and monitoring of septic systems. Traffic concerns came up in responses often, although many sentiments were related more to speeds and road condition as opposed to land use and zoning. A few respondents noted cut trough traffic to neighborhoods adjacent to the U.S. 31 corridor. From an economic development standpoint, there were a number of respondents who supported expansion of water and sewer, along with promotion of mixed use and commercial development in targeted areas. There were a variety of sentiments related to housing. Some respondents vocalized a strong desire for smaller housing options and workforce housing while others articulated a desire for less residential development. 19� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION Question 7: Do you support the following solar energy projects in the Township? Roof-top solar Residential scale solar Large commercial Solar Farms ■ Very Supportive ■ Somewhat supportive ■ Neutral ■ 12% 16% 27% 27% Somewhat unsupportive 6% 5% 17% 24% 49% 4% 5% 14% 27% 50% ■ 18% Very unsupportive As shown in the graphic above, there was strong support for residential scale solar including rooftop solar and small scale residential ground-mounted solar panels amongst survey respondents. Large commercial solar farms had less overall support, but still were supported by over half of all survey respondents. Question 8: Where do you live? Elsewhere is Grand Traverse County, 2% Question 9: What is your age category? Other, 2% East Bay Charter Township Seasonally, 12% Under 35 years of age 35 - 44 years of age 45 - 54 years of age 15% 55 - 64 years of age 65 - 74 years of age East Bay Charter Township - Yearround, 84% 75 - 84 years of age 85 years or greater I Question 10: Do you have school-aged children? (18 years or younger) Yes, 18% No, 82% As shown in the survey demographic graphics, the vast majority of survey respondents were full time residents in the Township, while another 12% were seasonal residents. Sixty-seven percent of respondents were over 55 years of age. It is also interesting to note that 82% of respondents did not report having any children living in their home. East Bay Township Master Plan 20 �CHAPTER 2 | COMMUNITY VISION� Question 11: Please provide your email address if you are interested in receiving updates on the master plan process. Your contact information will not shared and will not be tied to any of your survey responses. 370 respondents provided email contact information and recieved follow-up communications to stay engaged. Question 12: What is your VISION for East Bay? Pretend you left East Bay Township and are returning after 15 years away. With the Township’s best interest in mind, what would you want to see upon returning? What has changed? What has stayed the same? Think about all aspects that make up this community including the transportation systems, land and water resources, parks, businesses, and neighborhoods. Vision statements from survey respondents were a mixed desire to keep things as they are, while also supporting growth and development in the Township. There was a strong sentiment for preservation of rural character, natural beauty, water quality, and the dark sky. Some respondents noted their desire for East Bay Township to remain a bedroom community while others envisioned a mix of more diverse housing options. There was a widespread desire to provide housing first and foremost for residents as opposed to tourists. Respondents envisioned continued preservation of up north character, with unique developments and recreation opportunities. Numerous respondent’s vision included beautification of corridors with more trees and buried power lines. There were references Increase H me to an intergenerational, family-friendly Rent.al Lesso community. Another theme was the Neighborhood .~ '- ro ~ Q) desire for growth management O. Mainta in >, Make C,_ _ ..c ClJ I-~ GJ GJ within designated areas while -1-' Cl. 0 Q) ::, -1-' >- i= preserving farmland and :.C ~ Cl) cij :=> _ b o.. ~ Here QJ open space. Many >, _ . ~ Q) Tow n = V) ~ 11 I ..::S:, Q_ ~ C Q) :C • ro C "" ro o '-' o ~ GJ -1-' ro - .:::S:.. - -o respondents hoped to Build E ~ ~ .....1 i... V) 'ro ::l u o.. __ see more sidewalks (l) ~ V') o <C CL 0 8-QJ o C'OV> 0 .-t= CO LJ... ....I trails, more IClean ~ LU a::i - ' .§ Preserve and recreation options, O li'.J V) c. Family 0::: connect . >,_ _JI Recreate Shop and better public ~ QJ mprove access to water in Residentia l Many Commercial the future. Another Restaurant~ Lot Beach Live Wa nt Support desired change was for a more vibrant commercial district Open Better Hammond with restaurants and dining, shopping, Well ·V'l and more entertainment options. Respondents also noted the desire for more locally owned businesses and a desire for investment in green technologies and renewable energy. Below is a word cloud that illustrates common words used by respondents to describe their vision. The larger the word, the more frequently it appeared in answers. House ro ~ > -o O 5 ~ a.'E ~ o .....1 1::l co ~ Park IB gn~ Community ro Traffic co ! Nature 21� East Bay Township Master Plan �� CHAPTER 2 | COMMUNITY VISION Question 13: Please feel free to provide additional comments related to the questions above. Many of the same themes can be found in additional comments as those articulated throughout the survey. There was a strong desire for environmental protection, support for walking and biking infrastructure, and a family friendly community. A number of people made comments on the management of corridors in East Bay Township, including concerns over speeds, a desire for better landscaping, and a desire for a concentration of commercial and residential development in targeted areas. A few respondents also voiced concerns over planned roundabouts on Hammond Road. From an economic development perspective, there were comments on the availability and cost of water and sewer utilities, and concern over size and scope of new developments and how they fit with existing character. Numerous residents also stated a desire for vacant lots to be cleaned up. From a residential perspective there was a stated desire for well planned, landscaped, but affordable residential neighborhoods. Respondents noted the importance of meeting the needs of residents with concerns over impacts from short term rentals. A number of people noted concerns associated with zoning enforcement, particularly in the Forest lakes area. There were also comments related to Township initiatives. There was support for a Farmer’s market at the Township Hall, an idea for a Township-wide clean-up day, appreciation of new park amenities, and appreciation of the Township newsletter. Taxes and preservation of property rights were also noted by a number of respondents. Three Mile Trail Open House in East Bay Township, Photo courtesy of Gary Howe. East Bay Township Master Plan 22 �CHAPTER 3 | COMMUNITY PROFILE� NORTH.POL£' 3/26Ai CHERRY KNOLL 05 ,.CDNCERVA.NC Y 1 Mi EAST BAY LJBRARY D. • l.AK[ MICH/SAN 3 Hi .~ OPEN SPAC5 6 CENTRE Ni re£' 0.9---IU- ~~~. .'?L-------..---------- EAST MIDDL£ SCHDDL 07,.; East Bay Township Pancake Breakfast, Photo courtesy of Gary Howe, Three Mile Trail Public Open House, October 2020 23� East Bay Charter Township Master Plan �� CHAPTER 3 | COMMUNITY PROFILE CHAPTER 3 COMMUNITY PROFILE As the ultimate audience for the policies recommended in this plan, an understanding of who resides in East Bay Township is a necessary beginning. What follows is a summary of data gathered from several sources: the decennial U.S. Census and the Census Bureau’s 2019 American Community Survey (ACS 2019), a general survey of the population taken each year in between the decennial complete Census. To follow general trends, East Bay Township will be occasionally compared with nearby jurisdictions: Garfield Township to the west, Acme Township to the north, and the City of Traverse City to the northwest. In addition, some trends from Grand Traverse County will be included, as will trends from the State of Michigan. It should be noted that the last data set available for this analysis was from 2019. 2020 and 2021 are years that most likely caused unforeseen change for the region due to the pandemic. Future analyses will measure what impact, if any, those years have on the trends discussed here for East Bay Township. However, as rural northwest Michigan was arguably on the periphery of much of the impact of the pandemic, with all due respect to individuals whose lives were devastated by the pandemic, this analysis should still be relevant for planning purposes in East Bay Township. POPULATION As illustration in Table 1 and 2, East Bay Township has had steady population growth for the last 40 years. The region around and including East Bay Township experienced a large expansion of population throughout the last decades of the 20th century (East Bay Township population increased 34% from 1980 to 1990 and 19% from 1990 to 2000), with a continued but slower expansion in more recent years (just under 8% each decade from 2000 to 2010 and 2010 to 2019 for East Bay Township). Nearby jurisdictions experienced different trends from one another. The City of Traverse City lost population from 1980 to 2000, and only recently has shown an increase (6% from 2010 to 2019). Grand Traverse County continues to grow steadily, with a 20% increase in population from 2000 to 2010 and a 5% increase from 2010 to 2019. Unlike regional trends around East Bay Charter Township Master Plan 24 �CHAPTER 3 | COMMUNITY PROFILE� DEMOGRAPHIC DASHBOARD Below are graphic representations of the data for East Bay Charter Township to provide a quick picture of the information covered in more detail later. Where dates are not shown, data is from the ACS 2019 in this section. Total Population Age Distribution 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 1980 19'90 2000 2010 2019 ■ 19 years 111 d under ■ 20 to 44 years ■ 45 to 64 years ■ 65 and 01Jer Education Median Age 2,500 50 45 2,000 40 ...,"' 35 '1! C ""' 30 '1! 1,500 1,000 I I cc 25 500 20 0 15 <:}q ~ q,'> ·¢-.:; J<F' t'f;f'C 0 1980 1990 2000 2010 2019 ~~ ■ $14,9'99 or less ■ ■ $35,000 to$74,99'9 ■ $75,000 to $9-9,999 ■ $100,000+ fl, ~q, ~ <:f <::)q,; .., ~ ....q, ◊.g, ;,,;:,. ci~ 'o~ Housing Household Income 25� 'Riq,; ':,,.0 5 t ~ f:'-7, 10 $15,000 to $34,99'9 ■ Owner-occupie:1 ■ Renter-occup-=d East Bay Charter Township Master Plan �CHAPTER 3 | COMMUNITY PROFILE Table 1. Total Population United States State of Michigan Grand Traverse County City of Traverse City Garfield Township Acme Township East Bay Township 1980 1990 2000 2010 2019 226,542,199 9,262,078 54,899 248,709,873 9,295,297 64,273 281,421,906 9,938,444 72,389 308,745,538 9,883,640 86,986 324,697,795 9,965,265 92,181 15,516 8,747 2,909 6,212 15,116 10,516 3,447 8,307 14,353 13,840 4,332 9,919 14,482 16,256 4,375 10,663 15,338 17,319 4,694 11,492 1980-1990 1990-2000 2000-2010 2010-2019 1980-2019 9.8% 0.4% 17.1% 13.2% 6.9% 12.6% 9.7% -0.6% 20.2% 5.2% 0.8% 6.0% 43.3% 7.6% 67.9% -2.6% 20.2% 18.5% 33.7% -5.0% 31.6% 25.7% 19.4% 0.9% 17.5% 70.2% 7.5% 5.9% 6.5% -36.4% 7.8% -1.1% 98.0% 61.4% 85.0% Table 2. Total Population Change United States State of Michigan Grand Traverse County City of Traverse City Garfield Township Acme Township East Bay Township East Bay Township, the State of Michigan lost population from 2000 to 2010, though once again slightly gained population from 2010 to 2019 (less than 1%). Overall, throughout the period reviewed here (1980 to 2019), only Garfield Township exceeded East Bay Township in population growth (98% for Garfield Township and 85% for East Bay Township), while the City of Traverse City lost 1%, Grand Traverse County increased 68% and the State of Michigan increased just under 8%. East Bay Charter Township Master Plan 26 �CHAPTER 3 | COMMUNITY PROFILE� Table 3. Households (2019 ACS) Size Total Number Families With People over 60 With Children under 18 Couple Families One Householder Families Nonfamily Below Poverty Level Michigan Grand Traverse County Acme Township East Bay Township Garfield Township Traverse City 2.47 3,935,041 64.0% 40.7% 28.7% 2.41 37,319 65.1% 42.9% 27.2% 2.29 2,039 70.3% 53.6% 15.6% 2.51 4,575 69.6% 44.2% 27.6% 2.19 7,666 56.7% 43.9% 27.1% 2.17 6,697 53.6% 55.3% 22.4% 47.1% 16.9% 52.3% 12.8% 67.3% 3.0% 57.3% 12.3% 39.9% 16.9% 40.3% 13.3% 36.0% 13.6% 34.9% 9.1% 29.7% 6.2% 30.4% 6.6% 43.3% 12.3% 46.4% 12.8% HOUSEHOLDS As shown in Table 3, East Bay Township has larger, younger households. The Census Bureau defines a household as “all the people who occupy a housing unit.” East Bay Township has an estimated 4,575 households. The average household size in East Bay Township of 2.51 persons is considerably larger than nearby jurisdictions (with Acme Township at 2.29, Garfield Township at 2.19 and the City of Traverse City at 2.17), though close to the average household size for the state of Michigan (2.47). East Bay Township also has a majority of households occupied by families (i.e., people related to one another) at 69.6%, comparable with Acme Township at 70.3%, but well above Garfield Township at 56.7% and the City of Traverse City at 53.6%. Notably, East Bay Township has a smaller share of households with persons over 60 years of age (44.2%) than Acme Township (53.6%) or the City of Traverse City (55.3%) while remaining comparable to Garfield Township (43.9%). Conversely, households with children under the age of 18 represent a larger share in both East Bay Township (27.6%) and Garfield Township (27.1%) than in Acme Township (15.6%) or the City of Traverse City (22.4%). 27� East Bay Charter Township Master Plan �CHAPTER 3 | COMMUNITY PROFILE AGE As shown in Table 4 and Figure 1, East Bay Township has a slightly older population than the State and nearby jurisdictions due to a larger population aged 45 to 64 years. East Bay Township’s median age of 45.6 years is somewhat above most nearby jurisdictions (compared with 40.4 for Garfield Township and 41.2 for the City of Traverse City) and the State of Michigan (at 39.7). This is due to a larger percentage of the population of the Township being within the 45- to 64-year-old cohort (31.6%) when compared to the other jurisdictions (22.1% for Garfield Township, 25% for the City of Traverse City, and 27.2% for the State of Michigan). Nearby Acme Township has a much older median age due to a larger percentage of 65-year-old and above (25% as opposed to East Bay Township’s 18.9%). Like much of the region, East Bay Township’s median age has advanced over time. In 1980 the Township’s median age was 27.6, and in 2019 it was 45.6. Only Garfield Township among the nearby jurisdictions has ever seen a decrease in median age, going from 44.8 in 2010 to 40.4 in 2019. Table 4. Age (2019 ACS) Median age (years) 19 years and under 20 to 44 years 45 to 64 years 65 and over Michigan Grand Traverse County Acme Township East Bay Township Garfield Township Traverse City 39.7 24.5% 31.5% 27.2% 16.8% 42.8 22.4% 29.8% 28.6% 19.1% 49.6 15.0% 30.1% 29.9% 25.0% 45.6 21.0% 28.6% 31.6% 18.9% 40.4 22.3% 33.4% 22.1% 22.2% 41.2 21.6% 31.9% 25.0% 21.5% Figure 1. East Bay Township Age Distribution Under 5 5 to9 10to14 1.5 to 19 20 to24 25 to29 30 to34 35 to 39 40to44 45 to49 50to54 55 to59 60 to 64 65 to 69 70 to74 75 to79 80to84 &5 and Over 800 600 400 200 ---0 200 400 600 800 ■ Male ■ Female East Bay Charter Township Master Plan 28 �CHAPTER 3 | COMMUNITY PROFILE� RACE As shown in Table 5, as with the rest of our region, East Bay Township’s racial makeup is relatively homogeneous. In 2019, 97.6% of East Bay Township residents were white, followed by 2.3% black or African American and 1.4% American Indian. Although not a category in the ACS Racial Distribution estimate below, the Census Bureau estimates 3% of residents in East Bay Township identify as Hispanic or Latino. EDUCATION The residents of East Bay Township have comparable education to nearby jurisdictions and above that of the State average. Table 6 shows that about 96% of East Bay Township’s residents hold a High School diploma or more advanced degree. This is comparable to Acme Township (98.1%), Garfield Township (96.4%), and the City of Traverse City (94.6%). The State of Michigan’s High School education rate is 90.8%. About 37.3% of East Bay Township residents hold a bachelor’s degree or higher. This is well above the State of Michigan’s rate of 29.1%, above Garfield Township (32.8%), and below Acme Township (48.5%) and the City of Traverse City (45.6%). Table 5. East Bay Township Racial Distribution Percent White Black or African American American Indian or Alaska Native Asian Other 97.6% 2.3% 1.4% 0.4% 0.6% Table 6. Educational Attainment MI 29� GT County Acme Twp East Bay Garfield Twp Traverse City Population 25 years and over Less than 9th grade 9th to 12th grade, no diploma High school graduate Some college, no degree 6,813,480 2.9% 6.3% 28.9% 23.4% 66,588 1.2% 3.6% 24.0% 25.1% 3,727 0.9% 1.0% 17.0% 21.1% 8,379 0.3% 3.7% 23.7% 24.2% 12,538 1.5% 3.9% 26.2% 25.7% 11,208 0.8% 2.9% 20.4% 21.2% Associate's degree 9.4% 10.1% 11.5% 10.8% 9.9% 9.1% Bachelor's degree 17.7% 22.6% 29.8% 26.1% 21.8% 29.5% Graduate or professional degree 11.4% 13.5% 18.8% 11.2% 11.0% 16.2% High school graduate or higher 90.8% 95.2% 98.1% 96.0% 94.6% 96.4% Bachelor's degree or higher 29.1% 36.0% 48.5% 37.3% 32.8% 45.6% East Bay Charter Township Master Plan �CHAPTER 3 | COMMUNITY PROFILE INCOME Household income in East Bay Township is above that of most nearby jurisdictions and the State. Table 7 shows detailed data on income. Educational attainment and income are closely correlated in the nearby jurisdictions and the State. Having a higher percentage of population with High School Diplomas or Advanced Degrees makes for higher median income in a jurisdiction. In 2019, East Bay Township’s median household income was $74,015, just below that of Acme Township ($80,634) and above that of the City of Traverse City ($56,948), Garfield Township ($50,372), and the State of Michigan ($57,144). The income distribution in East Bay Township has changed dramatically over the last decade. From 2000 to 2010, the median household income increased 20% (from $47,569 to $56,936). From 2010 to 2019, the median household income increased another 30% (from $56,936 to $74,015). Accordingly, each decade the percentage of households in East Bay Township earning $75,000 or more increased while those earning under $35,000 decreased. Individual median full-time earnings in East Bay Township have continued to grow each decade (see Table 8). As with much of the rest of the United States, females tend to earn less than males. In East Bay Township, this disparity has decreased each decade, with females earning 69% of the male wage in 2000, to 80% in 2010, to 97% in 2019. East Bay Township’s earnings growth and decline of the disparity between male and female earnings were much larger than the State of Michigan’s changes over the same period (2000 to 2019). Access to health care also impacts the prosperity of the Township. About 95% of East Table 7. Income MI Median household income (dollars) Median family income (dollars) Median nonfamily income (dollars) All people below poverty level GT County Acme Twp East Bay Garfield Twp Traverse City 57,144 63,575 80,634 74,015 50,372 56,948 72,600 33,711 79,544 38,782 98,793 51,058 82,400 50,930 64,978 31,824 80,598 34,298 14.4% 9.6% 4.8% 6.6% 14.5% 11.8% Under 18 years below poverty level 19.9% 13.2% 2.6% 7.2% 21.8% 11.6% Households below poverty level 13.6% 9.1% 6.2% 6.6% 12.3% 12.8% East Bay Charter Township Master Plan 30 �CHAPTER 3 | COMMUNITY PROFILE� Table 8. East Bay Township Median Earnings 2000 2010 2019 Male full-time, year-round workers Female full-time, year-round workers Male Increase Female Increase $34,118 $40,497 $50,625 $23,580 $32,348 $48,857 X X 18.7% 37.2% 25.0% 51.0% Difference 69% 80% 97% Bay Township residents (the Census counts the “Civilian noninstitutionalized population” for this metric) had health insurance in 2019, comparable to the rate of the State of Michigan (94.5%) and Acme Township (95.8%), and somewhat above the rates of Grand Traverse County (93.5%), Garfield Township (93.4%) and the City of Traverse City (91.5%). Also, East Bay Township’s percentage of residents under 19 years of age without health insurance, 1.7%, is less than the typical percentage (5.1% in Grand Traverse County, for example). The Census Bureau sets an Official Poverty Measure each year that compares money income to a threshold of need to set a baseline poverty level. In 2019, 5.6% of families and 6.6% of individuals in East Bay Township lived below this poverty level. As population has increased over time, the proportion of people living below the poverty level has increased in East Bay Township (for families, it was 1.9% in 2000 and 5.1% in 2010). These rates are below the State of Michigan’s average of 9.9% for families and 14.4% for individuals in 2019. 31� East Bay Charter Township Master Plan �CHAPTER 3 | COMMUNITY PROFILE Table 9. East Bay Township Employment by Industry Sector 2000 2010 2019 Civilian employed population 16 years and over Agriculture, forestry, fishing and hunting, and mining Construction Manufacturing 5,374 1.7% 10.4% 11.1% 5,779 2.1% 7.8% 7.8% 6,271 1.3% 7.4% 11.3% Wholesale trade 5.1% 3.6% 2.6% Retail trade 15.4% 14.5% 9.8% Transportation and warehousing, and utilities 4.5% 4.4% 2.2% Information 2.4% 2.9% 1.0% Finance and insurance, and real estate and rental and leasing 5.2% 6.5% 9.6% Professional, scientific, and management, and administrative and waste management services Educational services, and health care and social assistance 7.4% 7.6% 10.7% 20.8% 18.8% 21.6% Arts, entertainment, and recreation, and accommodation and food services 9.8% 12.5% 14.4% Other services, except public administration 4.2% 6.2% 4.4% Public administration 1.9% 5.2% 3.7% EMPLOYMENT Like the rest of the region, most jobs in East Bay Township come from education and health care, with retail declining and hospitality increasing. Table 9 further illustrate this point. In 2019, 6,583 of the East Bay Township’s 9,556 residents aged 16 years and over (68.9%) were in the labor force. Following East Bay Township’s population trend, the Township’s employed population 16 years of age or over has increased by 16.7% since 2000 (from 5,374 to 6,271). Education and health care provided the largest proportion of East Bay Township resident’s jobs (21.6%) in 2019 with accommodations and food service providing the next largest proportion (14.4%). Agriculture generally provides the smallest proportion of jobs (1.3% in 2019). The sectors of the economy providing employment in the Township have changed little since 2000, except for a decrease in retail employment (15.4% in 2000 to 9.8% in 2019) and an increase in accommodation and food service (9.8% in 2000 to 14.4% in 2019). Somewhat increased percentages of the employed population in financial services (5.2% in 2000 to 9.6% in 2019) and professional services (7.4% in 2000 to 10.7% in 2019) also follows the population increase. East Bay Township’s distribution of employed population among the various occupation sectors does not vary widely from that of the nearby jurisdictions. Acme Township’s management, business, science, and arts sector is somewhat larger (45.4%) than East Bay Township’s (41.4%), while other sectors occupy similar proportions of the population. The region’s sales and office sector does appear to occupy a larger percentage of the population (24.4% for East Bay Township, for example) than that of the State of Michigan overall (20.9%). East Bay Charter Township Master Plan 32 �CHAPTER 4 | NATURAL FEATURES� Arbutus Lake No. 5. Photo courtesy of Jacob Dean. 33� East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES CHAPTER 4 NATURAL FEATURES East Bay Township is blessed with some of the most beautiful and varied landscapes in Michigan. The sandy shores along the East Arm of Grand Traverse Bay give rise to forested hills, carved out by ancient glaciers. These natural features are an important part of East Bay Township’s identity and of residents’ way of life. Because of the importance the natural environment has for residents of East Bay Township, any effective land use planning should include an evaluation of the Township’s natural systems and features. This chapter profiles the watersheds, wetlands, soils, and topography of the Township and the implications these features have on future planning. WATER & WATERSHEDS GRAND TRAVERSE BAY The east arm of Grand Traverse Bay, part of Lake Michigan, is one of East Bay Charter Township’s defining assets and from which the Township is named after. As one of the premier tourist and outdoor recreation attractions in the State of Michigan, Grand Traverse Bay has been integral for the community’s hospitality industry and will continue to be essential in the Township’s future. Grand Traverse Bay is the second largest bay in Lake Michigan, with a surface area of 277 square miles. Grand Traverse Bay branches into eastern and western arms in its southern half, separated for 16 miles by the Old Mission Peninsula. In total, there are 132 miles of shoreline along Grand Traverse Bay, of which three miles is located within East Bay Charter Township. Grand Traverse Bay is primarily fed by the Elk and Boardman Rivers; other smaller tributaries feed less than 10 percent of Grand Traverse Bay. Grand Traverse Bay is surrounded by 15 jurisdictions, including 11 townships, 3 villages, and one city. Along the eastern arm of Grand Traverse Bay, there are seven jurisdictions, including five townships, the Village of Elk Rapids, and the City of Traverse City. Map 1 Watersheds illustrates the size and extent of five sub watersheds that exist partially within the Township. While much of the bay’s shoreline in the Township is highly developed, there are several naturalized areas with minimal shoreline development and/or modification. This includes the Keith J. Charters Traverse City State Park Beach, the Grand Traverse Band of Ottawa and Chippewa Indian’s parcel to the west of the mouth of Mitchell Creek, and township-owned Gens Park. There are several East Bay Charter Township Master Plan 34 �CHAPTER 4 | NATURAL FEATURES� tributaries that empty into the bay along this shoreline, including Mitchell Creek and smaller, unnamed tributaries that likely drain the extensive wetland network in the northern part of the township that are part of both the Mitchell and Baker Creek watersheds. Much of the shoreline in this area is dominated by wetland plants, including sedges and rushes, which have been historically removed due to the high development pressure along the shoreline. The Coastal Grand Traverse Bay Watershed Plan was approved in 2021 by the Michigan Department of Environment, Great Lakes and Energy (EGLE) and the Environmental Protection Agency. The top pollutants and stressors for the Grand Traverse Bay watershed listed in the plan include changes to hydrologic flow, loss of habitat, nutrients, and sediment. Although the water quality of East Bay is high, there are several potential threats to that quality. Excessive nutrients and toxic contaminants from runoff are just two examples of potential threats to the bay, while invasive species including zebra mussels, sea lampreys, and gobis threaten natural ecosystems. BOARDMAN RIVER Several miles of the Boardman River, a Michigan Department of Natural Resources designated “Natural River” and “Blue Ribbon” trout stream, run through the southern portion of the township. East Bay Township has adopted Natural River zoning and administers this overlay zone on behalf of MDNR. The Boardman River has immense cultural, spiritual, and recreational value. Further, the township’s Forest Lakes region is part of the Boardman River subwatershed. The Boardman River Prosperity Plan was adopted in 2016 to set forth a vision and a roadmap for the future management of the river and its watershed. Recent dam removal, regional development pressure, and a desire to improve the environmental, economic, and social prosperity of the watershed region provided an impetus for the planning effort. High priority actions related to land use policy include storm water management, enhancing and protecting wetlands, and protection of wildlife habitat. FOREST LAKES East Bay Charter Township has a significant area of water table lakes located in the eastern and southeastern portion of the Township, commonly known as the Forest Lakes. Map 2, Lakes, Streams, and Tributaries, shows the extent of these lakes, along with streams at lower elevations that drain into East Bay. The largest of the Forest Lakes are Spider and Arbutus Lakes, which have surface areas of 450 and 395 acres, respectively. Other lakes include but are not limited to Rennie Lake, High Lake, Chandler Lake, Vandervoight Lake, Indian Lake, Perch Lake, Spring Lake, George Lake, Tibbets Lake, Bass Lake, Denzer Lake, and Wether Lake. According to the State of Michigan database, East Bay Township has a total of 19 inland lakes, three of which are unnamed. These lakes have attracted significant residential development. The Forest Lakes are located within the Boardman River Watershed, with portions of the Forest Lakes less than a mile away from the river. The Forest Lakes area inland lakes continue to be classified as oligotrophic, or oligo/mesotrophic, although the trophic condition of these lakes is vulnerable 35� East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES Map 1. Watersheds Watersheds East Bay e £ ¤ 31 9 I / Whi tefo rd R d \ Cr Rd \ 22 La nd s Wemple Rd En d r 23 ( 24 h l Rd ( Prouty Rd ~ 18 13 ;\ r 21 Rd Townline Rd li dar Van 19 ' Holiday Rd 14 La ke \- f Rd Phaneu 20 15 \ Loth Lo rien Dr Vanderlip Jr It { ou ty l /' Cr e Cr 16 I e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 { ~ m Ac Mi tch ell 8 Cr Pr 7 Four Mile Rd Av \ \ Pe rc Mu nso n 26 27 Willsey Rd 33 25 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd Rd #4 Yellow B irch Ln Arbutus Wether Lake G ar fie 8 ld Rd d R ts Sleigh We be Lakes T #3 9 Trager Rd Spider Lake George Lk Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd rkey Sha E #5 1 2 d 7 S 4 Denzer Lk 3 ake R Eikey Rd N Arbutus Lake Rd #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z 5 L utus Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd 28 Coon Lks ) High Lake Rd Carlisle Rd Three Mile Rd Edgecomb Rd Farm Ln 29 19 r ( Hammond Rd 30 Perch Lk ch R Ran lf udo Rd Pumpanickel Rd #1 16 13 e Rd d g n Brid Scharmen Rd d Brow tR ill R iver Boardman River 14 15 N CJ Acme Creek-Frontal East Arm Grand Traverse Bay i Twentytwo Creek-Boardman River East Branch Mitchell Creek igh Kn 17 sH E River Rd utu Arb 18 Boa rdm an R Data Sources: East Bay Township, Grand Traverse County, Michigan GIS Open Data. Jaxon Creek-Boardman River Prescott Lake-Frontal Grand Traverse Bay Prepared September 2020 for East Bay Township 0 0.5 1 Miles 1.5 East Bay Charter Township Master Plan 36 �CHAPTER 4 | NATURAL FEATURES� Map 2. Inland Lakes, Streams, and Tributaries Mu nso n Inland Lakes, Streams and Tributaries East Bay e (Including Elevation Profile) £ ¤ 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 7 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr En d 23 24 26 25 Pe rc h Wemple Rd Rd La nd s La ke 22 Pr ou Cr ty R d Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Perch Lk 19 28 Coon Lks 27 Willsey Rd 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #4 Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd Rd ts h ig E Sle We be Lakes #3 9 Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd G Trager Rd Spider Lake George Lk #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z Rd rkey Sha #5 1 2 d 7 S 4 Denzer Lk 3 ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 N Arbutus Lake Rd Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 Boardman River 14 15 13 e Rd d g n Brid Scharmen Rd d Brow tR ill R iver 16 igh Kn 17 sH E River Rd utu Arb 18 Boa rdm an R N i High : 1,000.6 ft Data Sources: East Bay Township, Grand Traverse County, Michigan GIS Open Data. Low : 578.1 ft Prepared September 2020 for East Bay Township 0 37� 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES Map 3. Wetlands 7 Wetlands East Bay Av e £ ¤ 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Mu nso n 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr Rd 24 26 25 La ke En d 23 h Cr 22 La nd s Wemple Rd Pe rc 21 ou ty Rd Prouty Rd Pr Vanderlip Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Perch Lk 19 28 Coon Lks 27 Willsey Rd 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd N Arbutus Lake Rd 4 #5 d E Yellow B irch Ln Arbutus Wether Lake G ar fie 8 ld Rd Rd ts h ig Sle We be Lakes #3 9 Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd 7 Trager Rd Spider Lake George Lk #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z yR Sha rke S 1 2 d #4 Denzer Lk 3 ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 16 Moderate Potential Wetland Restoration 1111 Low Potential Wetland Restoration Brow g n Brid Scharmen Rd d Rd 1111 Existing Wetlands (NWI) 1111 High Potential Wetland Restoration 13 e Rd tR Hill iver Boardman River 14 15 igh Kn 17 tus E River Rd u Arb 18 Boa rdm an R N i Data Sources: East Bay Township, Grand Traverse County, Michigan GIS Open Data. Prepared September 2020 for East Bay Township 0 0.5 1 Miles 1.5 East Bay Charter Township Master Plan 38 �CHAPTER 4 | NATURAL FEATURES� Table 10. Wetlands Wetland Type TOTAL ACRES Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake 195.4 1,839.7 51.1 1,505.4 given their size and average depth. The substantial number of riparian zones bordering the Forest Lakes creates potential for conflict between developmental and environmental interests. To this end, East Bay Charter Township has created a Forest Lakes overlay zoning district which more carefully regulates development than other residential zoning districts. Continued enforcement of the zoning standards as well as proactive water quality and invasive species monitoring will be imperative in protecting and enhancing the water quality of the Forest Lakes. MITCHELL CREEK Mitchell Creek is the third largest single tributary in the Grand Traverse Bay watershed. Draining approximately 16 square miles of land, it is also the fifth largest subwatershed of Grand Traverse Bay by area. The Mitchell Creek watershed is principally located within East Bay Charter Township, with a small amount located within adjacent Garfield Charter Township. East Bay Township has long recognized its stewardship responsibility for these important natural features in our community. Through the Mitchell Creek and Baker Creek watershed protection strategies, the Township has taken seriously its obligation to preserve and protect these important features. The Township is cognizant of the fact that impending population growth may cause development to encroach into many of these important natural areas. Therefore, the Township has adopted site development strategies to balance the effects of growth and development on surface water quality. While the rate of growth experienced in the 1990’s and early 2000’s has recently abated, the Township should not lose sight of these important objectives. The lower Mitchell Creek and Baker Creek watersheds remain area of significant interest and potential for development. Yet both are vital natural resources in our community. Balancing these interests will continue to be a challenge for the Township. East Bay Township has partnered with the Watershed Center of Grand Traverse Bay (TWC), along with Garfield Township and the City of Traverse City to better understand the source of E. coli in Mitchell Creek, which is listed as Impaired Waters under Clean Water Act Section 303(d). TWC secured grant funding for this effort and is also partnering with the Grand Traverse County Health Department and Michigan State University. As a part of the effort, TWC has been sampling sites on Mitchell Creek during wet and dry weather to determine the source of elevated levels in the creek, and have also installed five groundwater wells to determine the directional flow of groundwater and the potential impacts of septic systems. The results of this study will have policy implications, including inform locations for targeted septic upgrades, and provide support for the septic inspection ordinance. 39� East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES WETLANDS Wetlands were once common throughout the Great Lakes region. Over the past century, wetlands were dredged, filled, and converted to other uses as Michigan developed into an industrial state. Rapidly, the seemingly limitless marshes and their connecting channels began to disappear, and today less than half of the state’s wetlands remain. The value of services provided by wetlands has been well documented and widely recognized. In addition to critical fish and wildlife habitat, wetlands provide water quality protection and improvement, sediment and erosion control, and flood management — all extremely valuable ecosystem services. East Bay Township is home to two important wetland features. As shown in Map 3, Wetlands, running east and west across the southern portion of the township is the Boardman River. This river is the drainage course for the 186,000 acre Boardman River watershed. The river flows essentially in an east to west direction through a pronounced river valley marked with significant wetland and thick forested areas. Wetland areas associated with the Boardman River essentially follow its course across the southern portion of the township. The second significant wetland area found within East Bay Township is in the lower portion of the Mitchell and Baker Creek watersheds. Map 3 illustrates the location of these significant areas of wetlands, or potential wetlands, within the Township. According to the National Wetlands Inventory, East Bay Township has 3,592 acres of existing wetlands. There are approximately 1,340 acres of potential wetland restoration areas. These lands generally have hydric, or wet, soils and were often wetlands pre-European settlement. This means that 37% of pre-European settlement wetlands have been developed in East Bay Township. PROJECTED TRENDS Some of the potential impacts of climate change in East Bay Township are as follows: ■ Storms are expected to CLIMATE become more frequent and more severe The climate in East Bay Township is heavily influenced by the community’s ■ Increases in winter and proximity to Lake Michigan and the micro-climate around Grand Traverse Bay. spring precipitation The climate is especially attractive during the summer months when cooler ■ Less precipitation as snow breezes off the lake offset the frequently bright and direct summer sunshine. and more as rain The agricultural growing season within the community begins in late April and terminates in late September. The moderating effect Lake Michigan has on ■ Less winter ice on lakes the local climate has made northwest Michigan area ideal for the agricultural ■ Greater frequency and production of cherries. intensity of storms The Great Lakes Integrated Sciences + Assessments Program (GLISA) is a ■ More flooding events with consortium of scientists and educators from the University of Michigan risks of erosion and Michigan State University that is funded by the National Oceanic and ■ Increased frequency and Atmospheric Administration (NOAA) to provide climate information and length of severe heat events resources, including downscaled models, for communities across the Great Lakes ■ Increased risk of drought, region. According to GLISA, the Great Lakes region has already experienced a 2.3° particularly in summer F increase in average temperatures since the 1900s. An additional increase of 1.8 to 5.4° F in average temperatures is projected by 2050. Although these numbers are relatively small, they are driving dramatic East Bay Charter Township Master Plan 40 �CHAPTER 4 | NATURAL FEATURES� Map 4. FEMA Flood Risk Mu nso n FEMA - Flood Risk East Bay e £ ¤ 31 9 Cr e Cr e Cr hell Mitc ile Rd r Five M C Four Mil rs ke Ba 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 7 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr Rd 24 26 25 La ke En d 23 Pe rc h 22 La nd s Pr Cr ou ty Rd Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Wemple Rd Perch Lk 19 28 Coon Lks 27 Willsey Rd 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #5 #4 Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd Rd ts h ig E Sle We be Lakes #3 9 Trager Rd Spider Lake George Lk Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd G 1 2 #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z Rd rkey Sha 4 Denzer Lk 3 d 7 S N Arbutus Lake Rd ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 Boardman River 14 15 g n Brid Scharmen Rd d Brow tR d 1111 1% Annual Chance of Flood Hazard 1111 0.2% Annual Chance of Flood Hazard 13 e Rd igh Kn 16 ill R iver 17 sH E River Rd utu Arb 18 Boa rdm an R N i Data Sources: East Bay Township, FEMA, Grand Traverse County, Michigan GIS Open Data. Prepared September 2020 for East Bay Township 0 41� 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES Map 5. Flooding Anlaysis Mu nso n Flooding Analysis East Bay 7 e £ ¤ 31 9 Cr e Cr e Cr hell Mitc ile Rd r Five M C Four Mil rs ke Ba 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr Rd 24 26 25 La ke En d 23 Pe rc h 22 La nd s Pr Cr ou ty Rd Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Wemple Rd Perch Lk 19 28 Coon Lks 27 Willsey Rd 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #5 #4 Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd Rd ts h ig Sle We be Lakes #3 9 Trager Rd Spider Lake George Lk Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd G 1 2 #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z Rd rkey Sha E 4 Denzer Lk 3 d 7 S N Arbutus Lake Rd ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 16 g n Brid Scharmen Rd d Brow tR d -- 13 e Rd ill R iver Boardman River 14 15 N i Lucky Flooding Scenario Expected Flooding Scenario Perfect Storm Flooding Scenario igh Kn 17 sH E River Rd utu Arb 18 Boa rdm an R Data Sources: East Bay Township, FEMA, UM Flood Analysis, Grand Traverse County, Michigan GIS Open Data. Prepared September 2020 for East Bay Township 0 0.5 1 Miles 1.5 East Bay Charter Township Master Plan 42 �CHAPTER 4 | NATURAL FEATURES� DEFINING STORM EVENTS The term “100-year flood” is used in an attempt to simplify the definition of a flood that statistically has a 1-percent chance of occurring in any given year. But, just because a 100-year event happened last year doesn’t mean it can’t happen again the following year. Since the 100 year standard was adopted, it has become quite universally used to describe a reasonable flood protection level. It is now usedthroughout the U.S. and in many other countries as well. Similarily, a “500-year-flood” is a flood event that has a statistical 0.2% chance of occuring in any given year. Climate change is altering the probability thresholds that were previously used to set the appropriate level of risk. The vast majority of the continental United States will experience the 100-year event with much more frequency throughout the 21st century. changes in Michigan. Based on the most recent models, the climate of Northwest Michigan and East Bay Township will continue to warm, with greater increases in temperature during the winter months and at night. There are a variety of weather impacts expected with this change in average temperatures. Extended growing season (earlier spring/later fall) can have a possitive impact on crop yeilds, particularly in the short term. These trends are important to track and plan for, as they will have impacts on future land use and development decisions in East Bay Township. INLAND LAKES & STREAMS Changing water levels, impacts of a hardened shoreline and development, and increased nutrient loading and runoff are all amplified by observed changes to the climate, specifically increased intense precipitation events and higher average temperatures. Moreover, increase and aquatic invasive species (AIS) and loss of coldwater fish species can be linked to changing climate conditions. There are a number of tools available to local units of government to support climate resiliency efforts. Some examples include moderating temperatures of water bodies by preserving natural vegetation along the stream or water body, reducing impervious surfaces by limiting development along the stream or inland lake, and reducing nutrient loading by ensuring functioning septic systems and enhancing the vegetative buffer. FUTURE FLOODING AND WATER LEVELS One of the most significant changes communities in northern Michigan are experiencing is an increase in the frequency and severity of heavy rain and flooding events. More precipitation combined with high water levels will have implications on future land use and zoning along Lake Michigan as well as East Bay Townships inland lakes and riverine areas. The Flooding Analysis (Map 5) illustrates an analysis performed by researchers at the University of Michigan to help communities predict future implications of flooding and storm events. Researchers used data from FEMA’s flood insurance rate maps, topographic surveys, elevation profiles, storm and wave runup projections, historical water level data, and soil surveys to develop three different scenarios. Rather than presenting a prediction of what the future will bring, each of the “climate futures” illustrated on the map plays out a possible future that might occur. These varying climate futures — all of which are reasonably anticipated possibilities — are arranged from a least impactful to a most impactful condition in terms of the potential for wave damage and flooding hazards they would bring. The following descriptions outline the key assumptions made in defining each of the climate futures as compared to the others. 1. “Lucky” Future: Under the Lucky Climate Future, Great Lakes water levels will stay relatively low. Although there will be wave and wind action, major storm events and wave impacts will not encroach on properties 43� East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES landward of current beaches. A Lucky Future projection, indicating the land areas that would be affected by high-energy waves along the shorefront and/or adjacent riverine flooding under these conditions, is shown in yellow on Map 5. 2. “Expected” Future: Under the Expected Climate Future, Great Lakes water levels will continue to fluctuate according to long-term decadal patterns, including recent extreme storm events incorporated into the Federal Emergency Management Agency’s (FEMA) ongoing Great Lakes Coast Flood Study. Given those ongoing fluctuations, this Climate Future accounts for periods when Great Lakes still-water elevations are closer to the long-term average. In addition, this Climate Future anticipates the so-called “100year storm event” (or 1% storm) becoming more like a 20- or 50-year storm event (i.e., an expected storm within the normal community planning time horizon) because of increased storminess. The Expected Future projection is shown in orange on Map 5. 3. “Perfect Storm” Future: Under the Perfect Storm Climate Future, Great Lakes water levels will continue to fluctuate according to decadal patterns, consistent with assumptions made for the Expected Future. However, for this Perfect Storm Climate Future, the estimated still-water elevation is set higher than the long-term average and closer to the long-term high (583 feet). In addition, this Climate Future anticipates the occurrence of a so-called “500-year storm event” (or 0.2% storm) occurring within the planning time horizon while lake levels are high. The Perfect Storm Future projection is shown in red on Map 5. It is important to note that much of the area in East Bay Township identified as prone to possible flooding is already developed. While limiting development in these areas is not feasible, other solutions involving stormwater management, green infrastructure, and wetland setbacks may be appropriate. WOODLANDS East Bay Township is home to approximately 15,000 acres of designated State Forest Land. These lands are part of the Pere Marquette State Forest which covers significant portions of eastern Grand Traverse County, Kalkaska County, Leelanau County, Benzie County, and Manistee County. The forest themselves consist of mixed conifers and hardwoods, including within the upland areas, oaks, maples, aspens, and various varieties of pine. The rolling topography of the Township has become a strong magnet for development, especially in those upland areas with its scenic views of Grand Traverse Bay, farm orchards, and woodland areas. The Township’s varied topography, illustrated in the Lakes, Rivers, and Streams Map, presents challenging development conditions in some cases, but also offers attractive views of these features. TREE CANOPY The existing tree canopies throughout East Bay Township contribute to a variety of ecosystem benefits and to the Township’s unique character and up north feel. In 2020, the Township convened a Tree Preservation Subcommittee to explore TREE PRESERVATION SUBCOMMITTEE Vision: Large white pines on U.S. 31 provide dramatic character and sense of place in East Bay Township. The healthy heritage trees on this corridor have been protected and preserved in perpetuity. Commercial roadways throughout the Township serve as diverse tree corridors, welcoming visitors up north. Mission: To protect and preserve in perpetuity the white pines and healthy heritage trees along US 31, Hammond Road, and commercial roadways throughout East Bay Township. Values: 1. Heritage trees are incorporated into the site plan and developers seek creative solutions to retain existing trees. 2. Acknowledge that large trees are irreplaceable and will take a lifetime to reestablish. 3. To observe the distinct ecosystem services trees provide, such as slowing stormwater runoff, improving water quality, shade, and cooling. 4. Foster a diversity of tree species with an emphasis on native species. 5. Appreciate the visual aesthetics trees provide in new developments. 6. Trees are continually replenished to develop a multigenerational tree canopy. 7. Township policies related to trees are enforceable and balance tree preservation with facilitating and encouraging new desirable development. East Bay Charter Township Master Plan 44 �CHAPTER 4 | NATURAL FEATURES� Table 11. Trees in the Regional Business District Tree Height ESTIMATED NUMBER OF TREES 50 feet or greater 60 feet or greater 70 feet or greater 80 feet or greater 3,908 7,654 11,562 23,124 opportunities for preserving and protecting trees in East Bay Township. The primary goal was to preserve the large white pine heritage trees along the U.S. 31 corridor that contribute to the corridor’s unique identity. The subcommittee also looked globally at tree landscaping requirements that would facilitate desired development character on key corridors. Trees provide a variety of unique benefits, including visual aesthetics, buffering, screening, shade, stormwater control, and cooling. Please see side panel for an overview of the vision, mission, and values related to tree preservation. Map 6 provides an overview of the existing tree canopy along the U.S. 31 corridor and Table 11 summarizes estimated heights of treees in the district. This data was developed using LiDAR (Light Detection and Ranging), a remote sensing imagery method by LIAA. SOILS The soils in East Bay Township have been categorized by the United States Department of Agriculture in its 1990 Soil Survey and by the Michigan Department of Natural Resources Geological Survey Division in a report titled Hydrology and Land Use in Grand Traverse County. The bedrock in the Township underlies glacial deposits. Generalized soils within the Township include Rubicon-Grayling Association which predominates in the eastern half of the Township. These are characterized as level to steeply sloped droughty sands. In the western half of the Township, three generalized soil types are found. The Lupton-Roscommon series are typically found in the lowlying areas along lower Mitchell Creek and following the Boardman River. These tend to be level, very poorly drained to imperfectly drained mucks, peats and sandy soils. Emmet-Leelanau Association soils are found in an area extending approximately from Hammond Road south to Potter Road and from Townline to Five Mile Road. These soils are characterized as gently sloping to steep, well drained, slightly acid or neutral sandy loams and loamy sands. Finally, south of this area to the River is found the Kalkaska-Mancelona Association, characterized as level to steep, well drained sands and loamy sands. The geology of the Township includes several oil- and gas-bearing deposits, especially in the southern and southeast portion of the Township. Several operating oil and gas wells remain in operation today. 45� East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES Map 6. Tree Canopy along U.S. 31 Corridor Business District N Potential Tree Canopies within the Regional Business Zoning District D D i Data Sources: East Bay Township, Grand Traverse County, Michigan GIS Open Data. Probable Tree Canopies with heights of 70+ feet D Parcels Prepared November 2020 for East Bay Township Zoning 0 0.125 Miles 0.375 0.25 7 Mu ns on A ve £ ¤ 31 eG rov eA 8 ve 9 £ ¤ Rd Mi tch ell S t Pin East Bay eM ile 31 Business Park Dr Oak Dr Maple Dr East Ln West Ln N Th re Holiday Rd Oak Dr Pine Dr Poplar Pl 18 Busin N Four Mile Rd 17 16 ess P ark D r Above, white pines located on the U.S. 31 corridor at the Port Traverse development, across the street from Pirate’s Cove. East Bay Charter Township Master Plan 46 �CHAPTER 4 | NATURAL FEATURES� Map 7. Prime Farmland in East Bay Township Mu nso n Prime Farmland East Bay 7 e £ ¤ 31 9 Cr e Cr e Cr hell Mitc ile Rd r Five M C Four Mil rs ke Ba 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr Rd 24 26 25 La ke En d 23 h 22 La nd s Wemple Rd Pe rc Pr Cr ou ty Rd Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Perch Lk 19 28 Coon Lks 27 Willsey Rd 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #4 Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd d R ts h ig le ES We be Lakes #3 9 Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd G Trager Rd Spider Lake George Lk #2 Spring Lk Lardie Rd 12 Ka nt z Rd rkey Sha #5 1 2 d 7 S 4 Denzer Lk 3 ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 N Arbutus Lake Rd Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd Perch Lk South ch Ran olf Rud Rd Pumpanickel Rd #1 16 d Brow 13 d ge R n Brid tR ill R iver Boardman River 14 15 d Scharmen Rd N 1111 All areas are prime farmland CJ Farmland of local importance CJ Farmland of unique importance CJ Prime farmland if drained i Data Sources: East Bay Township, Grand Traverse County, USDA-NRCS, Michigan GIS Open Data. Prepared September 2020 for East Bay Township 0 47� igh Kn 17 sH E River Rd utu Arb 18 Boa rdm an R 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 4 | NATURAL FEATURES FARMLAND PRIME FARMLAND DEFINITIONS ■ Prime Farmland: Land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these uses. PLANNING IMPLICATIONS ■ Farmland of Unique East Bay Township has long recognized its stewardship responsibility for these Importance: Land other important natural features in the community. Through the Mitchell Creek and than prime farmland that Baker Creek watershed protection strategies, the Township has taken seriously is used for the production its obligation to preserve and protect these important features. The Township of specific high-value food is cognizant that impending population growth may cause development to and fiber crops, such as citencroach into many of these important natural areas. Therefore, the Township rus, tree nuts, olives, cranhas adopted site development strategies to balance the effects of growth and berries, and other fruits and development on surface water quality. The lower Mitchell Creek and Baker Creek vegetables. watersheds remain areas of significant interest and potential for development, yet ■ Farmland of Local both are vital natural resources in East Bay. Balancing these interests will continue Importance: This farmland to be a challenge for the Township. In the following chapters, the growth trends is identified by the approin terms of demographics, housing and economic development will be described. priate local agencies. Throughout this discussion the reader is reminder to pay careful attention to the Farmland of local imporTownship’s ongoing commitment to the preservation of the important natural tance may include tracts features and the environment within the community. of land that have been designated for agriculture by local ordinance. East Bay Township has a robust farming history. Map 7, Prime Farmland, shows the locations in the Township ideal for agricultural activities, either based on past agricultural use, soil type, or a combination. While some historical farms are now fallow farm fields that are reverting to wet meadows and emergent wetlands, there remain agricultural opportunities and farmland preservation should continue to be a priority. East Bay Charter Township Master Plan 48 �CHAPTER 5 | COMMUNITY FACILITIES� LIB RA RY 47� .. ,. East Bay Charter Township Master Plan �� CHAPTER 5 | COMMUNITY FACILITIES CHAPTER 5 COMMUNITY FACILITIES AND SERVICES Community services, including drinking water and sanitary sewer, education, healthcare, public safety, and telecommunications play an important role in facilitating a high quality of life for residents and promoting economic development. The value they place on services depend upon their underlying needs. For example, families looking to purchase a home may prioritize quality education while business owners may be more interested in the location and quality of utilities. Improvements to the public infrastructure can catalyze redevelopment and new development, which can create new economic opportunities, but can also present new challenges in the management of new growth. Investments in public infrastructure should therefore be considered in the development of a master plan and done proactively and strategically. This chapter describes the current community services and facilities in East Bay Township and discusses these resources in relation to land use decisions. WATER AND SEWER INFRASTRUCTURE & SERVICES WATER DISTRIBUTION East Bay Township primarily relies on groundwater for its public water supply. The water system is operated by the Township, and services much of the Township’s northern area within the urban growth boundary. The Township’s water system consists of two centralized systems known as the Cherry Ridge Water System and the English Woods Water System. Both systems operate as a series of wells, elevated reservoirs, and distribution lines. The Township’s water is pumped from the water table by eight wells located throughout the community. The water is then pumped to one of three elevated reservoirs for storage. The first of these reservoirs is located within the southern edge of the Cherry Ridge subdivision off Three Mile Road and has a storage capacity of 200,000 gallons. The second reservoir is located within the English Woods subdivision north of Prouty Road with a storage capacity of 300,000 gallons. The third reservoir is located nearby the intersection of Hammond Road and Five Mile Road with a capacity of 300,000 gallons, bringing the total water storage capacity of the Township’s water system up to 800,000 gallons. From these reservoirs, the water flows through the Township’s water distribution lines by way of gravity to properties throughout the East Bay Charter Township Master Plan 48 �CHAPTER 5 | COMMUNITY FACILITIES� Map 8. Wellhead Protection Mu nso n Wellhead Protection East Bay 7 e (Including Existing Water Wells) £ ¤ 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d 23 En d 24 h 22 La nd s Wemple Rd Pe rc Pr Cr ou ty Rd Prouty Rd La ke d 21 Rd Townline Rd li dar Van 19 fR Phaneu 20 Vanderlip Rd Loth Lo rien Dr Perch Lk 19 28 Coon Lks 26 27 Willsey Rd 33 25 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #5 #4 Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd d R ts Sleigh We be Lakes #3 9 Trager Rd Spider Lake George Lk Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd G 1 2 #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z Rd rkey Sha E 4 Denzer Lk 3 d 7 S N Arbutus Lake Rd ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 Boardman River 14 15 13 e Rd d g n Brid Scharmen Rd d Brow tR ill R iver 16 N i Wellhead Protection Areas Type 1 Public Water Supply Type 2 Public Water Supply 0 igh Kn 17 sH E River Rd utu Arb 18 Boa rdm an R Data Sources: East Bay Township, Grand Traverse County Michigan GIS Open Data. All other Water Wells Prepared September 2020 for East Bay Township 0 49� 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 5 | COMMUNITY FACILITIES Table 12. Types of Wells in East Bay Township Well Type Amount Type 1 Public Type 2 Public Type 3 Public Household Irrigation Test Well Heat Pump Unknown Total 8 25 19 2,201 21 13 3 18 2,350 Township. Two water booster stations are located within the distribution network to ensure adequate water distribution through the Township, one off Five Mile Road and the other nearby the Cherry Ridge subdivision. See Map 9 (East Bay Township Public Water Distribution System). Those not served by the municipal system rely on individual wells. There are currently an estimated 2,350 wells in East Bay Township (both public and private systems), which are broken down by category in Table 12. The United States Census Bureau estimates there were 4,504 households in East Bay Township in 2018. Using this figure as well as the data from Table 12, the percentage of households using an individual well is approximately 48%. The Wellhead Protection Map (Map 8) helps visualize the geographic distribution of these individual household wells. A large amounts of these wells are located within the Lakes Area zoning district as well as in the subdivisions located between the subdivisions of Holiday Hills already connected to municipal water and Supply Road. Because groundwater is the drinking water source for most of the Township’s residents, maintaining high quality, unpolluted groundwater in and around East Bay Township is vitally important. The Wellhead Protection Map (Map 8) shows the location of public and private wells throughout the Township. Type 1 wells (in red) are the municipal wells, Type 2 wells (in yellow) represent institutional uses, and the grey dots indicate the locations of private wells. The protection area boundaries are delineated by EGLE and show the area where protection efforts should be concentrated, as these are the areas where soil contaminants would take less than ten years to find their way into the groundwater source. The State of Michigan has defined a period of ten as a reasonable length of time for responding to environmental problems within a Wellhead Protection Area that is of a size that can be reasonably managed. The Township may wish to consider adopting an ordinance to add protections to prevent contamination of the water supply. A wellhead protection overlay district can be added to the zoning ordinance to limit potentially harmful activities within the wellhead protection boundary. Currently, thirty-four communities in Michigan have a wellhead protection ordinance. Of these municipalities, fourteen are cities, seventeen are townships, and three are villages. East Bay Charter Township Master Plan 50 �CHAPTER 5 | COMMUNITY FACILITIES� As the township continues to grow, there will be need for further improvement and expansion of the municipal water system. The 2019 Water Master Plan identified potential areas for expansion and improved interconnectivity of the current water system. According to this plan, most of the future water mains should be 12 inches in diameter and located along major roads. This is needed to provide adequate fire flows at the outer edges of the system, where dead ends are most common. Looping will enhance flows and provide redundancy in the event a portion of the main is shut down for repairs, to make a major connection, or for general maintenance operations. The Township should continue to monitor the remaining capacity of the municipal water system. With growth anticipated in the service area and the anticipated increase in the number of connections to the existing water system, it is possible that capacity could soon be reached without future improvements. SANITARY SEWER East Bay Township provides sanitary sewer services to properties located within the Growth Boundary. Wastewater connected to the municipal system is sent to the public wastewater treatment plant located in the City of Traverse City. The wastewater plant is operated by the City of Traverse City and has serviced East Bay Township since 1987. In addition, the plant serves the residents of Acme, Elmwood, Garfield, Blair, and Peninsula Townships, and the Grand Traverse County Board of Public Works. The municipal sanitary sewer uses a combination of gravity and force main lines to collect wastewater from the properties connected to the system. Wastewater is pumped to the wastewater treatment plant through the force mains by a series of ten pump stations, as designated in Map 10 2019 Sanitary Sewer System Master Plan Map. The current sanitary system allocates plant capacity among the governmental units and the operation is funded by the five townships and the City in proportion to the amount of their sewage flow over time. Currently, the wastewater system capacity is allocated as demonstrated in Table 13. Table 13. Municipal Wastewater Capacity 51� Municipality Percent of Total Capacity East Bay Township Acme Township Elmwood Township Garfield Township Peninsula Township Traverse City 8.17% 9.00% 4.72% 25.09% 2.01% 50.00% East Bay Charter Township Master Plan �� CHAPTER 5 | COMMUNITY FACILITIES Map 9. East Bay Charter Township Water System Master Plan --- ~,..,.. . . . . . ~"4Jl'..«ii- -.- ~~~~=-- fdfMfB S)QrePf CWCltr ~ ,,___ £..&ir.., iieii EAST BAY CHARTER TOWNSWP: WATER SYSTEM MASTER PLAN MAP 2019 -·-------_... ...... . . ..... ~411...-.--- .. . ""-· - ,.... ,..... .,.... ... ,,..__ ..... ~ . . _ _ ;1111 1 - ~~ Map 10. East Bay Charter Township Sanitary Sewer System Master Plan ,..-...-v. ....• . • t;;~. ,,... . .,.. __ -~-, ..,, ,,........ '•'· ...... . .... ~ • EAST BAY CHARTER TOWNSHIP: SANITARY SEWER SYSTEM MASTER PLAN MAP - 2019 =::---1 WADE ::-;.=-• It] TRIM East Bay Charter Township Master Plan 52 �CHAPTER 5 | COMMUNITY FACILITIES� SEPTIC SYSTEMS The forest lakes area of the Township offers a very desirable location for residential use. However, despite the concentrated residential pattern in the area, no public water or sewer facilities serve the Forest Lakes. With fluctuating lake levels, aging septic systems, holding tanks, stormwater runoff, oil and gas wells, and the intensity of vacation short-term rentals, private drinking wells and surface water in this area is susceptible to contamination. Nevertheless, except in isolated areas, lake water quality has remained very good. Programs and partnerships for continual and increased water quality testing in the Forest Lakes area will help to ensure that septic systems are well maintained and that water quality remains high. Nevertheless, Lake Associations’ and riparian owners’ concerns regarding water quality remain at the forefront. Many visitors, short-term rental owners, and recreational users of the lakes view the water quality as good with little understanding of our oligotrophic lakes and the efforts of many groups and volunteers working together to monitor and maintain a good water quality level in our township. Some areas that the Township could work to address in the Forest Lakes area include surface water quality testing, septic systems and holding tank monitoring and maintenance, continued shoreline protection and enforcement, and working with propoerty owners on the identification and mitigation of invasive species. Water quality is a result of ongoing monitoring and maintenance taken on by Lake Associations, EGLE, CLMP, Michigan Lakes and Streams, EBT, along with riparian property owners in order to ensure good water quality for everyone to enjoy and recreate on our bodies of water in East Bay Township. STORMWATER INFRASTRUCTURE Stormwater management is a critical component of community infrastructure because it protects homes and businesses, water quality of lakes and rivers, and ensures the personal safety of residents in the event of heavy precipitation events. As severe precipitation events increase in frequency and intensity, effective stormwater management is a priority for East Bay Township. A variety of low impact development (LID) strategies are employed by communities to reduce the negative impacts of stormwater runoff, particularly in places with impervious surfaces and existing buildings. Conventional land development, such as roads, buildings, and parking facilities, change hydrological patterns, slow the normal infiltration of stormwater into the soil, and remove the natural vegetation that normally filters stormwater before it reaches waterbodies. This has the effect of increasing the amount of stormwater that runs off the landscape, the rate at which runoff occurs, and the level of pollution it contains. Low impact development includes a variety of techniques to manage precipitation where it falls, and not where it may otherwise negatively impact the environment. These techniques work by filtering nutrients in stormwater, slowing the rate of runoff, and increasing percolation into groundwater, thereby recreating a site’s natural hydrologic characteristics. Low impact development 53� East Bay Charter Township Master Plan �� CHAPTER 5 | COMMUNITY FACILITIES encompasses a wide variety of human-made features including basins that catch and temporarily store stormwater, constructed wetlands designed to filter nutrients, and rain barrels that capture precipitation. There may be opportunities to integrate low impact development provisions within the existing stormwater ordinance in East Bay Township. LID can have the added benefit of reducing the total area of land dedicated to stormwater management, thus resulting in more buildable area or usable open space. GOVERNMENT AND COMMUNITY FACILITIES Public facilities are important community assets and centers for civic engagement. The East Bay Township Hall and the East Bay Branch Library of the Traverse Area District Library are both located on the southwest corner of the intersection of Hammond and Three Mile Roads. This location is advantageous because its central place within the residential areas of the township; they are accessible to a larger number of residents. The Township Hall provides space for civic events and hosts meetings for local boards and commissions, while the Library provides residents access to the larger District Library collection and a place for community events. EMERGENCY SERVICES Residents and visitors rely on emergency services in critical moments. East Bay Township provides fire, police, and ambulance services funded through an emergency services millage paid by all Township property owners. While the funding source is the same for each emergency service, the provision is through a variety of direct and contractual services. Regardless, Master Plan survey respondents rated the quality of emergency services as the top performing quality of life issue. Like many rural townships, East Bay Township’s emergency medical and fire services were originally provided by a Township volunteer department. However, as a municipality grows and society changes, paid staffing often becomes necessary. East Bay Ambulance (EBA) has responded and also changed to serve the needs of the residents and visitors by providing a fully staffed Advanced Life Support (ALS) ambulance service. EBA has two ambulance vehicles, a primary rig and a back-up rig, to provide ALS service 24/7, every day of the year. Both vehicles are equipped with identical equipment and have access to Advanced Life Support (ALS) services on-board. Providing services to this level requires a mix of full and parttime Paramedics and EMTs, led by a full-time Ambulance Director. East Bay Ambulance operates out of Grand Traverse Metro Fire Station #9, located at 110 High Lake Road. Since 1980, fire services have been provided by Grand Traverse Metro Emergency Services Authority (GTMESA). GTMESA is a collaborative effort of three townships, solidified by contractual agreements, and serves East Bay Charter, Garfield Charter, and Acme Townships. GTMESA has five fire EXPLORING A SEPTIC ORDINANCE The Michigan Department of Health and Human Services (MDHHS) has articulated concern about the increasing burden that increased precipitation events will have on both surface water and groundwater drinking sources. As noted in the 2016-2021 Climate & Health Adaptation Strategic Plan, septic failure will lead to increased risk to groundwater, well, and surface water from contamination resulting from extreme precipitation events. Michigan is the only state in the country without a uniform septic code. One policy option Townships can explore is an ordinance to require inspections of the existing septic systems at the time of property transfer. A total of 19 point of sale (POS) septic inspection ordinances are on the books in Michigan. There are currently ten counties with such an ordinance. POS ordinances at the county level are administered by the District Health Department but must be approved by the County Board of Commissioners for each county within the Health Department’s jurisdiction. Local units of government can also adopt a POS septic inspection ordinance, which is usually done through a local police power ordinance. The enforcement for these ordinances is done by the local unit of government, while the Health Department is responsible for conducting the inspections. There are seven townships and two villages in Michigan with POS septic inspection ordinances, all of which are in northwest Michigan. There has been a significant push in recent years to address management of septic systems at the local level. East Bay Charter Township Master Plan 54 �CHAPTER 5 | COMMUNITY FACILITIES� Map 11. Broadband Internet Coverage Broadband Internet Coverage East Bay Av e 7 FCC broadband definition is a minimum of 25 Mbps download and 3 Mbps upload £ ¤ 31 9 I \ "' \- 1R ( \1 t ~ 28 I 1 rl \ l \ t T l ~ E ar 8l f '<iel d Rd ts Rd Sleigh T T ~ ><... #4 ! #2 f d wy ~ Rennie Lake 11 ,1/ J / ch R Ran ) ~ l f Rd udo Pumpanickel Rd Boardman River 14 15 ridge Rd d nB Brow 13 Scharmen Rd N i 100Mbps x 10Mbps* 25Mbps x 3Mbps* 10Mbps x 1Mbps 12 tR \ ~ #1 16 ,, b Ho / Spring Lk Perch Lk South d - rR ) sH b (' ill R D D We be 10 H tus iver Bass Lk igh Kn 17 Trager Rd Spider Lake George Lk S #3 9 Lake Rd 1 2 Lakes u Arb E River Rd #5 r Denzer Lk 3 4 } G 36 Indian Lake Yellow B irch Ln Arbutus Wether Lake I Lardie Rd I 18 Boa rdm an R \ N Arbutus l l Lake Rd Four Mile Rd Rd rkey II Sha 7 S Rd d Eikey Rd Su pp ly High Lk Chandler ,,: Lk ' \.\ ~ 19 25 Tibbets Lk R Lake utus 5 L t l 26 E Arb 6 ~ ~ r( T Perch Lk Rennie Potter Rd 24 I Vandervoight 35 Lk 34 [' I \, ( nd I \l I 33 23 l ~ I- 32 31 1J 27 T Willsey Rd Coon Lks i 'r , I( t La nd sE iq { Wemple Rd Supply Rd I Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd [l\_~· Three Mile Rd Edgecomb Rd Hammond Rd l 22 \ / Ka nt z Cr \ l I 1 j Rd ( Prouty Rd 21 l ~fr d r\ t /< f Rd Phaneu Rd Townline Rd li dar Van 19 18 13 La ke Loth Lo rien Dr 20 Whi tefo rd R I I Vanderlip Holiday Rd 14 L Pe rc h tl i j • l 15 ) Rd e Cr 16 ~{ ; I I I I I- Rasho Rd Four Mile Rd Cr hell Mitc \I Cr Four Mil I rs ke Ba l 17 18 I 1 e J ile Rd r Five M C T m Ac Mi tch ell 8 Cr Pr ou ty Mu nso n Data Sources: East Bay Township, Grand Traverse County, Michigan GIS Open Data. * The yellow & orange coverages are identical. Prepared October 2020 for East Bay Township 0 55� 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 5 | COMMUNITY FACILITIES Table 14. School Enrollment School 2020 Enrollment Change 2015-2020 Grades Grand Traverse Academy Traverse City East Middle School Cherry Knoll Elementary School St. Elizabeth Ann Seton Middle School Courtade Elementary School Traverse City High School 874 862 420 Est. 300 267 168 -25% -2% +10% Not Available -8% -29% K-12 6-8 K-5 6-8 K-5 9-12 stations and one administration office. Two of the five stations and the administrative office are located in East Bay Township. Again, this emergency service developed from an initial volunteer-driven agency to a staffed agency with full and part-time personnel. East Bay Township has two Community Police Officers (CPOs) for police service. The CPOs are Grand Traverse County Sheriff’s Deputies assigned to patrol the Township through a contract with Grand Traverse County. The Township pays an annual rate for each CPO which equals officer compensation, including fringes, while the County provides resources, such as vehicles, education, and training. While the CPOs are designated to and patrol the Township, the contractual relationship ensures that if the County needs emergency assistance when a CPO is on duty, they have the ability to utilize any resource a situation requires even if located in another jurisdiction. This agreement ensures additional officer coverage within the Township while limiting the cost of police service provision, providing benefits to the Township, the County, and, most significantly, residents. EDUCATION A robust education system provides a key link to a flourishing economy for communities in the 21st Century. High quality public, private, and charter schools are readily available in East Bay Charter Township. Table 14 summarizes the largest schools in East Bay Township from both public and private school districts. Traverse City High School, East Middle School, Cherry Knoll Elementary School, and Courtade Elementary School are all part of Traverse City Area Public School (TCAPS) system. It should be noted that enrollment numbers reflect data from the 2021-2020 school year, which was heavily impacted by the COVID-19 pandemic. In many cases, enrollment numbers are down due to family decisions to homeschool or enroll in virtual schooling. Schools not listed include the Seventh Day Adventist School and preschool facilities. BROADBAND INTERNET SERVICE Access to technology, and the ability to use it, is a key determinant of economic success in the 21st Century, and largely drives a community’s ability to connect with distant locations. Information sources on broadband availability show that service is available in East Bay Township, although there are some issues with slower speeds and fewer providers. As the Broadband Internet Coverage indicates, cable broadband speeds sufficient to support most business activities (25 megabits per second) are available throughout most of East Bay Township. See Map 11 for the existing service area of broadband internet in East Bay Township. East Bay Charter Township Master Plan 56 �CHAPTER 6 | PARKS & RECREATION caption credit 57� East Bay Charter Township Master Plan � � CHAPTER 6 | PARKS & RECREATION CHAPTER 6 PARKS AND RECREATION The abundant recreation opportunities, facilities, and amenities of northwest Michigan are critically important to the region’s economy. In a 2019 report, Networks Northwest found that the recreation and entertainment industry directly supports 225 business establishments which employ more than 2,200 people in northwest Michigan. The impact recreation has on the region is even more substantial when considering the relevant associated industries such as accommodation, food service, and tourism. Taken as a combined category, these industries account for more than 18,000 jobs in northwest Michigan – more than any other industry. Within the ten-county region, Grand Traverse County accounts for a third of these jobs. Aside from economic benefits, parks and recreation amenities play a key role in attracting and retaining businesses and residents. Parks and recreation facilities in East Bay Township also improve the quality of life for its residents and promote physical activity and healthy lifestyles. East Bay Charter Township has long recognized the value of parks and natural areas. This chapter identifies East Bay Township’s parks and recreational amenities, as well as the community’s plan and priorities for their continued improvement. RECREATIONAL FACILITIES East Bay Township provides a wide variety of parks and recreational facilities for residents and visitors. The community’s access to three miles of Grand Traverse Bay shoreline, more than a dozen inland lakes, and extensive forests allows for diverse recreational opportunities. East Bay Township owns and maintains many of these facilities, though other entities including Traverse City Area Public Schools, Grand Traverse County, the State of Michigan Department of Natural Resources, and other non-profit organizations, also own and manage recreational areas within the township. Often the maintenance and development of these amenities requires coordination from multiple overlapping entities and cooperation between the public and private spheres. The following Recreation Resources Table 15 inventories these facilities, and their geographical location is shown in East Bay Township – Parks and Recreation Map 12. MOST POPULAR RECREATIONAL ACTIVITIES IN GRAND TRAVERSE COUNTY ■ Walking ■ Biking ■ Swimming ■ Hiking ■ Cross-country Skiing ■ Bird Watching ■ Boating ■ Mountain Biking ■ Kayaking/Canoeing ■ Snowshoeing ■ Hunting ■ Fishing EAST BAY TOWNSHIP PARKS East Bay Township currently owns and operates seven park and recreational facilities. This section will provide a brief overview of these facilities. For more comprehensive information, refer to the East Bay Charter Township 2019-2023 Parks & Recreation Plan. East Bay Charter Township Master Plan 58 �CHAPTER 6 | PARKS & RECREATION Table 15. Recreation Resources in East Bay Township MINI PARKS: A TINY TREND Pinegrove Park and Gens Park are both considered “mini parks.” Mini parks, or pocket parks, are small public areas, less than an acre in size. These types of public green spaces have been increasing in popularity in recent years as they have been found to increase nearby property values. Mini parks can be created both retroactively and proactively. Municipalities have been able to create mini parks from single vacant building lots, small irregular pieces of land, and sometimes even parking spots. Through proactive zoning measures, mini parks can also be created by the inclusion of public space requirements in new building projects, that serve both residents and the public. Source: “Economic Benefits of Trails.” American Trails. Web. Facility Maintaining Organization Grace Macdonald Park Arbutus Lake No. 5 Park Killingsworth Park Kelly Park Pinegrove Park Gens Park Pines Park Brown Bridge Quiet Area Four Mile Road Boat Launch Traverse City State Park Arbutus Lake No. 4 Campground Spider Lake MDNR Boat Launch Site Boardman Valley Snowmobile Trail Michigan Shore to Shore Riding & Hiking Trail VASA Pathway TART Trail & Three Mile Trail North Country National Scenic Trail Holiday Woodlands Preserve Edwards Nature Preserve Reffitt Nature Preserve Arbutus Lake No. 4 Boat Launch East Bay Township East Bay Township East Bay Township East Bay Township East Bay Township East Bay Township East Bay Township City of Traverse City Grand Traverse County State of Michigan State of Michigan State of Michigan State of Michigan State of Michigan TART Trails TART Trails GT Hiking Club Chapter Holiday Woodlands Preserve GTRLC GTRLC State of Michigan Pinegrove Park is a neighborhood park near the intersection of Hemlock Street and Parsons Road in the Pinegrove neighborhood. This third of an acre park was acquired in 1969 and was the first neighborhood park to be developed by East Bay Township. Despite its small size, Pinegrove Park provides many different types of amenities for residents, many of whom can access the park by foot. Gens Park is a beachfront park located on the north side of US-31/ Munson Avenue along Grand Traverse Bay. Gens Park is nearly two-thirds of an acre and offers nearly 100 feet of shoreline access. Gens Park is both pedestrian and automobile accessible. Grace Macdonald Park tennis and pickleball courts. 59� Arbutus Lake No. 5 Park is located on East Arbutus Lake Road on the northeasterly shore of Arbutus Lake, in the Forest Lakes area of the Township. Because of the fishing pier and boat launch, this park is a popular fishing, swimming, kayaking, and canoeing location. Large sections of the park are heavily wooded and undeveloped, providing an opportunity for future park development. East Bay Charter Township Master Plan � � CHAPTER 6 | PARKS & RECREATION Grace Macdonald Park is located off the intersection of Rasho Road and High Lake Road, less than a mile north of Arbutus Lake No. 5 Park. Grace Macdonald Park is located on forty-two acres of conifer and hardwood forest, and due to its many amenities, it may be the Township’s most well-known park. Amenities offered at the park inlcude basketball courts, tennis and pickleball courts, a playground, soccer field, picnic area, and sledding hill in the winter. Killingsworth Park is located off of the intersection of Chandler and Highview Roads, about a mile northwest of Grace Macdonald Park. Killingsworth Park is fifty-three acres in size, heavily wooded, and primarily undeveloped, but offers several hiking trails. Trail sign at Killingsworth Park. Pines Park is an eighty-acre site located off Eikey Road. This site is home to mature pines and is currently undeveloped. However, twenty acres of the park have been cleared for eventual recreational development as the township continues to become more populated in the park’s vicinity. Kelly Park is a two-acre site across the road from Killingsworth Park that provides boat access to Chandler Lake. Holiday Woodlands Natural Area is a newly acquired park property in East Bay Township totaling 145 acres, comprised of the existing 80-acre Holiday Woodlands Preserve and an additional 65 acres of natural land to the north. The Holiday Woodlands Natural Area conserves a substantial amount of ecologically and recreationally important property in an area projected to receive some of the highest long-term growth pressures of anywhere across the state of Michigan. There are multiple ecological zones throughout the site, including creeks, wetlands, sand dunes, artesian springs, and evergreen and hardwood forests. In the coming months, East Bay Township will be engaging existing and future users of the property to develop a coordinated plan for trail access and development. Mt. Holiday ski area, whose boundary line is adjacent to the soon to be acquired Holiday Woodlands Natural Area. . East Bay Charter Township Master Plan 60 �CHAPTER 6 | PARKS & RECREATION Map 12. Parks & Recreation Assets EAST ARM GRAND TRAVEASEBAY East Bay Township Parks & Recreation Boat Access Swimming " a'. WILLSEY RD ~ Ri ver Access J: ":f X-Country Skiing Picnic Area Parking Sledding Fish ing Dock Restrooms Playground Sports Facilities Hiking 1 inch = 5,000 feet ~o E RIVER Ro D 0.5 2 3 •--===--c:::::::1-------===========:::::J /'V MaJorRoad A/ Minor Road /'V Access Road /.cP'-'~ cc ,.,"'~ -~ ('>(?,:,.·•"'= • ,;> ,;,· Tart Trail ,;"~ ?'''~' vasa Bike Trails / .,--- vasa Ski Trails / Shore to Shore Trail Reffitt Nature Pathway 4;,·:.":,-.. ., :::-.., _:• Streams ,.---- Brown Bridge Trails Snowmobile CJ East Bay Twp Miles - .. Killingsworth Park Lakes Pine Grove Park Traverse City Grace MacDonald Park Pines Park-Anticipated State of Michigan Kelty Par1<- Undeveloped East Bay - Other Properties TCAPS Arbutus Lake #5 Pan< ~ 1111 1111 01/28/2016 GTC-G IS I RH Gens Park 1111 This map is based on ci~ ital databases prep <l'ed by Gram Traverse Courty. Grand Traverse Countv does not warrart, expressly or ~lied ty, or accept any responsibilit\l for any er rors. emissions, or that the flformatlon conta ined In the map or the digital d.a! abases ls current~ or pos itional~ acci..rate. 61� East Bay Charter Township Master Plan � � CHAPTER 6 | PARKS & RECREATION East Bay Charter Township Master Plan 62 �CHAPTER 7 | HOUSING & NEIGHBORHOODS 63� East Bay Charter Township Master Plan � � CHAPTER 7 | HOUSING & NEIGHBORHOODS CHAPTER 7 HOUSING AND NEIGHBORHOODS Residential housing is the single largest use of land and comprises the greatest number of structures for most communities in the United States. Most households within these communities find that housing costs are their single largest expense, while home ownership is typically their greatest financial asset. Therefore, housing significantly influences a community’s land use and the economic well-being for those who reside there. The U.S. Census Bureau defines a “housing unit” as an apartment, individual room, or group of rooms intended for separate living quarters. According to the American Community Survey there were an estimated 5,527 housing units in East Bay Township in 2019 — a slight increase from the 5,227 housing units documented in the 2010 Decennial census. This trend correlates to the Township’s increase in population during that period, with the number of residents increasing from 10,663 to an estimated 11,621. HOUSING Housing is the single largest land use in East Bay Township. There are eight different zoning districts in the Township in which the predominate land use is housing. HOUSING As shown in Table 16 and 17, East Bay Township has mostly owner-occupied single-unit detached homes. In 2019, East Bay Township had 4,575 occupied housing units with a median 5.8 rooms (the same number of rooms as the State of Michigan overall). The primary type of housing unit in the Township is the single-unit detached home (at 81.4%) followed by single-unit attached homes (4.3%), medium-sized apartment complexes of 5 to 9 units (3.7%) and mobile homes (3.7%). This means that East Bay Township has a less diverse set of housing options than nearby jurisdictions. For example, Garfield Township has 47.6% in single-unit detached homes, 7.2% single-unit attached homes, 14.5% large apartment complexes of 20 or more units, and 11.5% in mediumsized apartment complexes of 5 to 9 units. Except for Traverse City, much of the region’s housing stock was built toward the end of the 20th century. 24% of East Bay Township’s housing units were built during the decade beginning in 1990, with 16.7% built in the decade beginning in 2000. Garfield Township, for example, is similar, with 21.4% of housing units built in the 1990s and 22.8% built in the 2000s. About 86.1% of East Bay Township’s housing units are occupied by the owner. This is a larger percentage than nearby jurisdictions, with Garfield Township having 59.6% and Traverse City having 61.5% owner-occupied housing units. East Bay Charter Township Master Plan 64 �CHAPTER 7 | HOUSING & NEIGHBORHOODS Table 16. Housing Units Unit Type Michigan GT County Acme Twp East Bay Twp Garfield Twp Traverse City Occupied housing units Owner-occupied Renter-occupied With a computer with a broadband internet subscription 3,935,041 71.2% 28.8% 89.6% 81.5% 37,319 76.3% 23.7% 92.4% 85.5% 2,039 77.9% 22.1% 89.7% 83.1% 4,575 86.1% 13.9% 96.0% 90.2% 7,666 59.6% 40.4% 89.5% 80.3% 6,697 61.5% 38.5% 88.5% 82.1% Table 17. Housing Types Housing Type Michigan GT County Acme Twp East Bay Twp Garfield Twp Traverse City Total housing units 1-unit, detached 1-unit, attached 2 units 4,596,198 72.2% 4.6% 2.3% 43,942 72.5% 4.8% 1.8% 2,634 77.2% 12.2% 2.2% 5,527 81.4% 4.3% 1.1% 8,203 47.6% 7.2% 1.0% 7,325 60.7% 5.8% 4.8% 3 or 4 units 5 to 9 units 10 to 19 units 20 or more units Mobile home Boat, RV, van, etc. 2.6% 4.2% 3.5% 5.2% 5.3% 0.0% 2.3% 4.3% 2.7% 4.3% 7.4% 0.0% 0.0% 2.7% 2.2% 3.6% 0.0% 0.0% 2.4% 3.7% 1.4% 1.9% 3.7% 0.0% 3.7% 11.5% 3.5% 14.3% 11.2% 0.0% 5.9% 6.8% 9.6% 6.3% 0.2% 0.0% The median value of owner-occupied housing in East Bay Township was $195,000, somewhat higher than Garfield Township ($190,300) and below Acme Township ($258,800) and Traverse City ($263,800). The Census Bureau uses Selected Monthly Owner Costs (SMOC) to give a relative indication of housing costs. The majority of East Bay Township residents with a mortgage (38.8%) paid $1,000 to $1,499 per month for their home in 2019. 55.8% of mortgage holders paid less than 20% of their household income for housing. The majority without a mortgage (37.1%) paid $400 to $599 per month (53.6% without a mortgage paid less than 10% of their income for housing), and the majority of renters (70.4%) paid $500 to $999 per month (27.5% of renters paid 35% or more of their income for housing while 22.2% paid less than 15% of their income for housing). As access to technology is often an indicator of potential economic activity, it is noteworthy that in 2019 96% of Easy Bay Township homes had a computer and 90.2% had a broadband internet connection. Again, this can be contrasted with Garfield Township, where 89.5% of homes have a computer and 80.3% of homes have broadband internet, and Traverse City, where 88.5% of homes have a computer and 82.1% of homes have broadband internet. Conversely, the Census Bureau notes that in 2019, 152 (or 3.3% of ) housing units in East Bay Township had no telephone service available. 65� East Bay Charter Township Master Plan � � CHAPTER 7 | HOUSING & NEIGHBORHOODS HOUSING TYPES Detached single-family homes are the most prevalent type of housing both in Michigan and the United States as a whole. Bolstered by increased automobile ownership, cheap building materials, and mortgage assurances from the federal government, the construction of detached single-family homes boomed in the post-war years alongside a wave of suburbanization. This dynamic is prolific in East Bay Township with its position southeast of Traverse City contributing to a suburban character in the north of the Township that transitions to semirural further south in the Township. These land characteristics contribute to a predominance of single-family detached homes in East Bay Township; 86% of the community’s housing units were in single-family detached formats as of 2019. By contrast, this format made up only 62% of housing units in the City of Traverse City, and 72.3% of units in the State of Michigan overall. Only small amounts of dwelling units in other formats exist in East Bay Township. East Bay Township has a lack of housing diversity, a phenomenon often termed “missing middle” housing. In fact, single-family detached housing is the only housing type allowed throughout much of the Township’s residential land. Multi-family dwellings, including duplexes and townhomes, in many cases require a special permit, while single-family housing can be built by-right in most residential zoning districts. MISSING MIDDLE HOUSING “Middle” housing refers to the range of multi-unit or clustered housing types that are complementary with single-family homes. See Figure 1 below for the types of housing associated with missing middle. This term was introduced in 2010 and has since become a popular strategy to meet the growing demand for denser and more walkable communities among millennials and baby boomers. The predominance of single-family housing discourages the MIDDLE HOUSING compact housing patterns that these demographics REFERS TO A RANGE often prefer and can afford. Communities can foster OF MULTI-UNIT middle housing through various means; amending HOUSING FORMATS zoning ordinances to either increase the permissible THAT IS COMPATIBLE housing density or expand the amount of uses by WITH SINGLE FAMILY. right — where it is appropriate — can encourage the development of middle housing. However, these Figure 1. Missing Middle ''Detach, j S1ngle-Fem11, l-it)USe5 Duplex· Side-By-Side + 'Stacked ,..,.. - Fourplex, Stacked ---- Courtyard Building Cottage Court Townhouse Multiplex, Medium Missing Middle Housing Triplex, Stacked Mid Riso Live- ' Work '- ' ------~ OPTICO~ East Bay Charter Township Master Plan 66 �CHAPTER 7 | HOUSING & NEIGHBORHOODS Holiday Village Condos, located on Holiday Road, is an example of multifamily development in East Bay Township, zoned high density residential. zoning regulations need not dramatically change the character of existing neighborhoods. Rental and owned housing units with two to four dwelling units per structure can fit the scale and aesthetic of existing single-family residential areas while enhancing walking and biking commuters and accommodating a greater diversity of incomes. DEMAND FORECASTS The types of housing demanded by potential new residents is of significant interest for community decision-makers. In 2019, Networks Northwest partnered with the consulting firm LandUse USA and the State of Michigan to forecast demand for housing types in Grand Traverse through 2025. Conservative growth estimates, which assume modest in-migration and an otherwise normal economic climate, forecast an annual demand for 1,143 housing units, with demand for rental units far outpacing that for owner-occupied units - Grand Traverse County 67� East Bay Charter Township Master Plan � � CHAPTER 7 | HOUSING & NEIGHBORHOODS could support 817 rental units and 2326 owner units annually. Within these figures, the County’s market potential leans towards detached housing types; slightly more than two-thirds (69%) of the County’s market potential would prefer detached housing while the remaining third (31%) would prefer attached units. The analysis also forecast the demand for housing based on potential resident’s lifestyles and incomes. Demand among for new buyers was focused on housing types such as duplex houses and traditional single-family homes, while demand among renters was for duplexes, cottages, accessory dwellings, townhouses, and lofts. Consistent among both demographics is the demand for housing types with smaller footprints and lots at lower costs than the County average rent and home price. East Bay Township’s ability to leverage this forecasted demand depends on its ability to allow the appropriate physical form of development. The annual demand for attached housing options, including triplexes, townhomes, and multiplexes, far exceeds the supply of housing types in the Township. The community’s limited supply of multifamily options shows the need to allow for more of these types. The Township could encourage the development of these housing types through various mechanisms. Rezoning “Low Density Residential” zones to “Moderate Density Residential” or “High Density Residential” would expand the area where these types of housing types are allowed by right. Other measures could include reducing the square footage requirements and front and rear setbacks standards, and other zoning district regulations that constrict development. Cherry Ridge subdivision is an example of single family development in East Bay Township and is zoned Low Density Residential. East Bay Charter Township Master Plan 68 �CHAPTER 7 | HOUSING & NEIGHBORHOODS HOUSING VALUE American Community Survey data reveals that housing values in East Bay Township are slightly lower compared to the average of the surrounding communities within Grand Traverse County. The median home value of owneroccupied units in the Township was $195,000 as of 2019, which was about 10% less than the median home value in Grand Traverse County ($212,500), and about 25% less than the median home value in neighboring Traverse City (266,100). High housing value can pose a problem by creating unaffordability relative to residents’ incomes. The target market analysis also forecasts the price ranges in which new Grand Traverse County households will be interested in. Most new homeowners will seek homes between $125,000 to $175,000, while most new renters will seek rents at $650 or less a month. However, slightly more than half of owner-occupied housing units in East Bay Township were valued at more than the $175,000 that most new homeowners will seek. East Bay Township could consider measures to increase its supply of moderately priced ownership options within the desired price range to capture growth from new residents. Further, a lack of affordable options poses a problem for northwest Michigan’s moderate-income households, and accordingly, these measures could help the area’s residents step into ownership, accumulate savings, and increase their spending power. Reducing minimum square footage and setback requirements in single-family zoning districts could be good starting points. TENURE AND COST BURDEN Housing data in East Bay Township suggests the predominance of owneroccupied housing units at rates (86% of units) greater than Traverse City (62%), Grand Traverse County as a whole (75%), and the State of Michigan (71%). These numbers suggest that East Bay Township does not contain proportions of rental housing similar to other communities in Grand Traverse County and that the available amount of rental housing does not meet future demand. 69� East Bay Charter Township Master Plan � � CHAPTER 7 | HOUSING & NEIGHBORHOODS Housing costs are a pressing concern for communities everywhere, and particularly as Michigan’s economy shifts from manufacturing to service jobs – often at a lower pay. In 2019, the median monthly cost of housing ownership in East Bay Township was $1,288 compared to $1,314 per month in Grand Traverse County. At the same time, median gross rent among renter households in East Bay Township was $899, compared to $787 in the county, and $824 for the State of Michigan. Other figures show that housing expenses throughout the County are pressing concerns relative to household incomes. The relative burden of housing expenses for households is determined by comparing monthly housing expenses (ownership cost or rent). Households spending more than 30% of their monthly income on housing are considered “cost-burdened” by the United States Department of Housing and Urban Development. VACANCY Housing units have periods of vacancy when they are for sale or between leases. Communities should have at least some of this type of vacancy because it indicates that housing is available for new residents or for those who choose to move within the community. Of the estimated 5,527 housing units in East Bay Township in 2019, the American Community Survey estimates that around 939 units (17%) of the total, were vacant. According to data collected in the 2012 Grand Traverse County Housing Inventory, 70% (666) of the Township’s vacant units fell into the category or seasonal or occasional use. This contrasts with Traverse City and Grand Traverse County, where the overall vacancy rates were 9% and 15%, respectively. In Traverse City, only 35% of these vacant units were for seasonal use, while 57% of vacant units in the County were used for this purpose. The higher rate of vacant housing units used for seasonal, recreational, or occasional use in East Bay Township in comparison to the City and surrounding County can be explained in part by the prevalence of vacation rentals in the Forest Lakes area. East Bay Charter Township Master Plan 70 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� caption 71� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT CHAPTER 8 BUSINESS AND ECONOMIC DEVELOPMENT The economic characteristics of a given community are driven to a large extent by those of the region in which it is situated, and more broadly by national and international trends. East Bay Township is heavily influenced by the hospitality and tourism industries, as This chapter begins by exploring economic trends in northwest Michigan and Grand Traverse County and then examines local attributes in East Bay Township. The final section of this chapter establishes a vision for economic development and placemaking in two key development districts - the U.S. 31 Beach District and East Bay Corners/Hammond Road corridor. ECONOMIC TRENDS IN NORTHWEST MICHIGAN In 2015, Networks Northwest, the regional planning organization for Northwest Michigan’s 10-county region, published a report titled “A Framework for Growth and Investment,” which charted a road map for municipalities to enhance economic vitality. The report found that although the region’s population remained stagnant between 2010 and 2015, new forms of economic activity still emerged since the Great Recession in the form of technology and information and tourism. The plan defined 31 “growth and investment areas” throughout the region, which are communities that already function as employment and population centers, operate municipal public utilities, and are therefore best positioned to accommodate future growth. The City of Traverse City and its surrounding townships, which includes East Bay Township, were included among these designated areas and East Bay Township, with its established and expanding water and sanitary systems, is positioned to leverage these regional growth patterns. The plan recommends a series of best practices for these communities to realize growth in emerging industries, including maintaining robust and affordable services, promoting high-capacity and low-cost broadband, and creating high-quality and memorable places through zoning and incentives. This chapter inventories East Bay Township’s economic profile and commercial corridors and compares them to these regional trends and defined best practices. NETWORKS NORTHWEST 2015 REGIONAL STUDY Tourism-related employment accounts for nearly 30% of the region’s total jobs and growth is expected to remain steady through 2030. Knowledge-based industries such as finance, information, and professional management were expected to grow by 11% between 2015 and 2023. Employment in healthcare, which offers high average wages, was expected to grow 21% between 2015 and 2023. Source: Networks Northwest – A Framework for Growth and Investment in Northwest Michigan East Bay Charter Township Master Plan 72 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� GRAND TRAVERSE COUNTY ECONOMY While Grand Traverse County has historically had robust forestry, agriculture, and manufacturing industries, economic and employment trends have grown and changed throughout the years. According to employment data in the Networks Northwest report “2020 Comprehensive Economic Development Strategy,” the three largest segments of the economy over the past decade were: (1) health care and social services (9,883 jobs); (2) retail trade (7,701 jobs); (3) accommodation and food service (5,986 jobs). Combined, these industries provided 23,570 jobs in 2018, a share of nearly half of all jobs (43%). The next three largest segments of the economy in 2018, manufacturing, construction, and finance and insurance comprised about a fifth (18%) of jobs, with 5,236, 2,603, and 2,159 jobs, respectively. Overall, total jobs in Grand Traverse County grew by 13.78% between 2009 and 2019, from 48,943 to 55,409, according to Networks Northwest. Employment in Grand Traverse County’s largest employment sectors saw varying amounts of growth between 2013 and 2020. In that period, employment in health care and social services grew by 41%, employment in retail trade grew by 33%, and employment in accommodation and food service grew by 31%. The next three largest employment sectors had fewer similarities in their employment trends. Employment in manufacturing grew by 35% between 2013 and 2020, while employment in construction and finance/insurance had statistically insignificant change in employment numbers throughout that period. Notably, industries in Grand Traverse County with the fewest employment numbers saw continued declines throughout the 2013-2020 window. Employment in agriculture, forestry, fishing and hunting declined from 656 to 355 (-47%), in utilities from 353 to 220 (-38%), and in mining from 387 to 157 (-60%). These figures suggest that communities throughout the County have already begun to capitalize on regional employment patterns, especially within the health care and social services, retail trade, and accommodation and food service. These trends are supported by strong anchor institutions such as Munson Medical Center and a diverse and vibrant retail and accommodation sector. However, stagnant employment numbers in emerging industries identified by Networks Northwest, industries such as finance, information, and professional management, suggest that communities throughout Grand Traverse County have not fully realized the potential in those industries. JOBS IN EAST BAY TOWNSHIP Much like the rest of the region, most jobs in East Bay Township come from education and health, with retail declining and hospitality increasing. Education and health care provided 21.6% of East Bay Township resident’s jobs, with accommodations and food service providing the next largest proportion at 14.4%. Agriculture provides the smallest proportion of jobs at 1.3% in 2019. The sectors of the economy providing employment in the Township have changed little since 2000, except for a decrease in retail employment (15.4% in 2000 to 9.8% in 2019) and an increase in accommodation and food service (9.8% in 2000 to 14.4% in 2019) and professional services (7.4% in 2000 to 10.7 in 2019). 73� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT In 1990, the median family household income for East Bay Township was $31,382. By the 2010 Census it had increased to $47,569, and the 2015-2019 American Community Survey reports that the median household income had increased to $74,015. This reflects an average rate of increase of 4.85% per year. By comparison, from 1990 to 2019, the average change in the Consumer Price Index from year to year was 3.5%. Essentially, households in the Township managed to stay slightly ahead of inflation during this period. The 2012 median household income in the Township per capita was $26,826 in 2012, which had increased to $36,694 per capita in 2019 per American Community Survey estimates. The 2019 per capita income is comparable to $35,405 for Grand Traverse County residents. East Bay Township’s residents reported slightly lower levels of employment than Grand Traverse County. According to 2017 American Community Survey reports, the Township’s unemployment rate was 5.1%, while Grand Traverse County reported an unemployment rate of 4.35%. Unemployment rates tend to be somewhat volatile and seasonal in nature, especially in industries related to the high volume of tourism in the region. The Covid-19 pandemic has had a significant impact on unemployment and creates challenges in reporting an accurate portrayal of unemployment rates in East Bay Township. Exemplary of this is the unemployment rate in Grand Traverse County prior to and throughout the duration of the Covid-19 pandemic. In January 2020, the unemployment rate in the County was 3.6%, which eventually peaked at 25.4% in April 2020. Unemployment rates in the County decreased to 5.7% in March 2021, significantly lower than the peak of unemployment, yet still higher than before the Covid-19 pandemic. Small residential and tourism-oriented businesses can be found in the Forest Lakes Area of Easts Bay Township. Many of these businesses were estbalished when the residential areas around the lakes were predominately seasonal. East Bay Charter Township Master Plan 74 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� Table 18. Industry Trends in East Bay Township Industry 2000 2010 2019 Agriculture, forestry, fishing and hunting, and mining Construction Manufacturing Wholesale trade Retail trade Transportation and warehousing and utilities Information Finance and insurance, real estate and rental and leasing Professional, scientific, and management, and administrative and waste management services Educational services, and health care and social assistance Arts, entertainment, and recreation, and accommodation and food services Other services, except public administration Public administration 1.7% 10.4% 11.1% 5.1% 15.4% 4.5% 2.4% 5.2% 7.4% 2.1% 7.8% 7.8% 3.6% 14.5% 4.4% 2.9% 6.5% 7.6% 1.3% 7.4% 11.3% 2.6% 9.8% 2.2% 1.0% 9.6% 10.7% 20.8% 9.8% 4.2% 1.9% 18.8% 12.5% 6.2% 5.2% 21.6% 14.4% 4.4% 3.7% RETAIL MARKETS One major concern when it comes to the economic vitality of business districts is how well local demand for products and services matches businesses’ supply of those goods and services. The “Retail Market Place Profile” created by ESRIs Business Analyst software aggregates demographic, payroll, and other public consumer data to estimate this. A “surplus” industry means that visitors from outside East Bay Township come to the community for the good or service, while conversely, “leakage” markets are where community residents travel outside of the Township limits to access the good or service. The Retail Market Place Profile also quantifies in dollar terms the value of surplus and leakage. Of course, East Bay Township is heavily reliant and connected to the business and commerce activities of the greater Grand Traverse region. The retail markets in East Bay Township businesses attract patronage from outside the community are varied, but prominently include food and beverage related submarkets. Surplus to community businesses from outside the Township across the two markets of restaurants and eating places, and food services and drinking places totals an estimated almost two million dollars annually. This is a great trend, considering that all these businesses are components of a thriving tourism economy. Note hospitality trends were not factored into this analysis. Retail markets in which local businesses’ provision of goods and services do not meet community demand, and range from essential, everyday goods and services, often found at larger big box stores. Notably, motor vehicle parts and dealers, home goods, garden stores, clothing, and office supplies are markets wherein East Bay Township residents go elsewhere to procure goods. In contrast, when a retail marketplace profile is generated for Grand Traverse County, these items are at a surplus. This indicates East Bay Township residents can access these types of goods and services within a short driving distance. 75� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT Figure 2: EAST BAY BEACH DISTRICT LOGO & BRANDING Pictured is the logo for the Beach District developed by Traverse City Tourism in partnership with business and property owner representatives along the U.S. 31 corridor. The Township plans to work with partners to develop a branding and marketing campaign for the corridor, install light pole banners, and distribute maps and brochures to patrons. Also pictured is a sample of banners that could line the Beach District, helping to create a sense of place and identitiy. t;A5T BAY ------B(;AC~ 15TRICT U.S. 31 CORRIDOR & BEACH DISTRICT VISION With over 36,000 vehicles per day, and peaking at 50,000-60,000 per day in the summer season, the U.S. 31 corridor in East Bay Township serves as a regional commercial corridor, transporting commuters and visitors alike. Existing land uses include a large number of hotels and motels, recreation, retail, offices, and a State Park beach and campground. Through a visioning and public input process, the Township seeks to take implementable actions that will transform the Beach District in East Bay Township into a more cohesive place to live, work, and play. Challenges to placemaking and economic development goals include traffic speeds, traffic, limited crossings for pedestrians, vacant and underused sites, and residential neighborhoods boardering commercial activity. A successful process will enhance placemaking, create a cohesive public realm, help attract private investment, and maximize the waterfront while protecting water quality. East Bay Charter Township Master Plan 76 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� Figure 3: ENHANCING PUBLIC ACCESS TO THE WATER Pictured to the right is an example of a popup shop that could be incorporated into the vacant or underutilized properties along the waterfront. Also pictured is an example of simple water access improvements that could be explored at the 4 Mile public road end. Figure 4: OUTDOOR DINING & FOOD TRUCKS Below (left) is the outside dining area at Hopscotch in East Bay Township and right is the Grand Traverse Pie Company Food Truck that was stationed on U.S. 31 the summer of 2020. The Township desires to support outdoor dining and new food enterprises by allowing food trucks that require few start up dollars. The U.S. 31 corridor in East Bay Township is zoned Regional Business and is home to a variety of hotels, resturants, and retail outlets, serving visitors and the greater Grand Traverse region. 77� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT This corridor will be a friendly place for people to be active, shop, conduct business, eat, enjoy the outdoors, and relax. The Township seeks to calm the traffic and make the destinations within the district accessible by foot, bike, bus and automobile. The following actions will be explored to help achieve the U.S. 31 vision for economic development: 1. Beach District Signage - Welcome residents and visitors into East Bay Township from the east and west, brand the business district to help create an identity. 2. Access to the Water - Explore opportunities to enhance public access to the waterfront, including land acquisition, partnerships, and improvements at existing access points. Explore options for partnering with MDNR to improve beach access and amenities at the State Park. Also explore opportunities to improve property owned by the Grand Traverse Band of Ottawa and Chippewa Indians. Possible uses for the Tribe’s property could include collection of shops, with a walkable, mix of uses and serve as an attraction for State Park users. 3. Access Management - Work to consolidate driveways as properties redevelop and complete access drives behind businesses to support connectivity. 4. Protect Trees – The large white pines that line the corridor provide a unique identify and should be protected and enhanced as new developments are approved. Updates to the zoning ordinance should include provisions to incentivize preservation of large heritage trees on redevelopment properties. 5. Vacancies - Reduce commercial vacancies along U.S. 31 by obtaining Redevelopment Ready Ccommunity certification and working with Michigan Economic Development Corporation to market priority redevelopment sites. 6. Placemaking - Seek funding to facilitate a business engagement and community design process that will enhance placemaking on U.S. 31 by burying power lines, installing Beach District signage, pedestrian crosswalks, and decorative pedestrian scale lighting. Explore the merits of a Corridor Improvement Authority to help fund improvements along the U.S. 31 corridor. East Bay Charter Township Master Plan 78 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� Figure 6: TRANSPORTATION OPTIONS AND CONNECTIONS Active transportation facilities and connections are a key element of the U.S. 31 vision. Businesses on the south side of U.S. 31 have a tremendous asset in the TART Trail, and future safe crossings will facilitate safe connections for cyclists and pedestrians to the businesses on the north side of the street. Red Mesa (pictured below) has atracted cyclists through signage and bike parking. The BATA Bayline is a tremendous asset along the corridor. Recent investment in bus stop amenities and frequency of service benefits employees as well as visitors. MDOT has expressed interest in identifying safe midblock crossing locations along the corridor and has held preliminary meetings with Township officials and property owners to identify appropriate locations. Ideally, a safe crossing would be available every quarter mile along the corridor. Figure 7: PRESERVING WHITE PINES Although some developments have reduced its size, the tree canopy and specifically the white pines offer a unique identify along the corridor and should be preserved and protected with new developments. A subcommittee was formed in 2021 to develop zoning recommendations to better protect and enhance the tree canopy. 79� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT EAST BAY CORNERS & HAMMOND CORRIDOR VISION Hammond Road serves as a primary east-west connection and thoroughfare in East Bay Township and the greater Grand Traverse County. Compared with U.S. 31 and South Airport Road, Hammond Road it is significantly less developed, thus presently opportunities for proactive planning for future investment. New roundabouts at 4 Mile and possibly 3 Mile Road further provide the opportunity for proactive planning for lighting, landscaping, and pedestrian crosswalks. During a visioning session, planning commissioners expressed support for creating a campus-like feel along the corridor with deep setbacks, high-quality landscaping, consistent lighting, and other design elements. Commissioners expressed support for mixed housing as well as industrial along the corridor, with a mixed-use commercial node at Three Mile and Hammond Road. Due to available land and water and sewer services, the Township has recently experienced an uptick in the demand for higher density and multi-family residential investment along the corridor. East Bay Corners is a planned mixed-use commercial node on Hammond Road, centered at the Three Mile Road intersection. This is the only area along the corridor in East Bay where commercial amenities are permitted under current zoning. There are four schools near the intersection of Three Mile and Hammond Road, with 2,400 students. Recent trail planning initiatives, including the extension the Three Mile Trail to Hammond Road and the Safe Routes to School infrastructure improvements could serve as a catalyst to incentivize private investment within East Bay Corners. To the left is the intersection of Three Mile and Hammond Road, the center of the East Bay Corners zoning district. East Bay Charter Township Master Plan 80 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� Figure 8: STREETSCAPING The Township coordinated with the Road Commission on pedestrian crosswalks, landscaping, pedestrian scale lighting, stamped concrete construction materials, and utility installation. Landscaping and streetscaping design for the 4 Mile and Hammond roundabout could be replicated elsewhere on the corridor to provide consistent design along the corridor. .....>~,.~ _, -. .... , ..1 ... _,, f -..,. ,. ~~ . •,,r ...:.i,--··-~ L, l_ ._ • ~- •·4 ;~ ' -"1,,c I• ll. -~-,-··· ~~· ► L.AH:)KA,C..,_ 14 MILE & HAM ONO ROAD ROU DABOUT --"Ir.~ "1111"1111 OHN"IIII There are some natural environmental constraints along the corridor that has impacted previous development and will continue to restrict future growth patterns. Significant portions of the Mitchell Creek headwaters and its tributaries traverse throughout the corridor, limiting development options near those protected waterways. The southern side of Hammond Road between Townline and Three Mile Roads also has considerable wetland coverage. The following actions will be explored to help achieve the East Bay Corners and Hammond Corridor vision for economic development: 1. Community Gathering Space - East Bay Corner’s offers a unique opportunity for a node of public and quasi-public gathering spaces. The existing Township Hall and East Branch Library attract locals and plans for a seasonal Farmer’s Market and community garden at the Township Hall would further support a space for community gathering. Focus group participants noted a desire for amenities such as outdoor dining, a coffee shop, and places to sit and gather. 81� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT 2. Streetscaping – The new roundabout at 4 Mile and Hammond features pedestrian scale lighting, landscaping and planter boxes, as well as pedestrian crosswalks. There is opportunity to coordinate with Garfield Township to install consistent lighting and landscaping in the road rightof-way and at future roundabouts through the entire corridor. 3. Signage – During a visioning session, planning commissioners noted the opportunity to install Welcome to East Bay signage, particularly around East Bay Corners, to have support an identify and let visitors and patrons know they have arrived at a destination. 4. Multimodal – The planned Three Mile Trail extension coupled with the planned infrastructure improvements surrounding the schools could be transformational in allowing residents, students, employees, and visitors to access East Bay Corners and the Hammond corridor by foot and bicycle. When considering public infrastructure investments in this area, the Township seeks to support the 20-minute neighborhood concept. This means that individuals can access services within 20 minutes of resident’s homes, schools, and businesses. Olson’s and Roy’s General Store are easily accessible by vehicle to many residents and offer daily needs without a special trip into town. 5. Access Control – The East Bay Township zoning ordinance requires that new developments connect with adjacent properties through an access drive. The Township will continue to limit driveways and provide cross access connections as possible Figure 9: NON MOTORIZED CONNECTIONS Pictured below is a conceptual rendering of the future Three Mile Trail expansion, planned to traverse through the Grand Traverse Regional Land Conservancy property (pictured below right) and eventually connecting with Hammond Road. This project, along with planned Safe Routes to School improvments have the potential to transform East Bay Corners and help catalyze private investment. East Bay Charter Township Master Plan 82 �CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT� FIGURE 10: DESIGN ELEMENTS AND COMMUNITY GATHERING Pictured below are examples of retail, restaurant, and office developments that would be appropriate in the East Bay Corners district. Outdoor dining provides opportunity for civic gathering and quasi-public spaces. The Township could consider adopting design standards that regulate building facade, parking locations, and setbacks. Input from focus group participants indicated strong support for public spaces to compliment the library, including a coffee shop, farmer’s market, and community garden. An outdoor farmer’s market at the Township Hall would support local farmers in the Township and could provide a gathering space for Township residents. INDUSTRIAL PARKS East Bay Township has two Industrial Parks, Meadowlands and Peninsula Business Park East. Both parks are located near the airport. There has been steady new investment, particularly in the Meadowlands Industrial Park in recent years. The Meadowlands Industrial Park was approved in 1999 and has 14 units total. The Peninsula Business Park was approved in 1991 with 50 lots. 83� East Bay Charter Township Master Plan �� CHAPTER 8 | BUSINESS & ECONOMIC DEVELOPMENT East Bay Charter Township Master Plan 84 �Photo courtesy of Jacob Dean �� CHAPTER 9 | TRANSPORTATION CHAPTER 9 TRANSPORTATION Transportation infrastructure, including local roads, highways, trails, sidewalks, and railroads is essential in the formation of connections within a given community as well as in facilitating interactions with other communities separated by distance. This infrastructure allows goods, services, and information to move between these locations, thereby facilitating a healthy economy. In most communities, the same infrastructure allows residents and households to access the day-to-day goods and services they need, while simultaneously, households’ choice of transportation mode also affects the portion of their income they expend on transportation-related costs. With East Bay Township’s unique geographic location, a variety of transportation forms, including automotive, railroad, and maritime have shaped the community throughout its history. Maintaining today’s transportation infrastructure, including roads, sidewalks, public lake access, and recreational trails, requires careful coordination between agencies and organizations. This chapter inventories East Bay Township’s infrastructure, its conditions, and the organizations responsible for it. ROADS The roadway system in East Bay Township consists of a state trunkline, county primary, arterial and collector streets. Hammond Road, between Townline and Three Mile Roads, and Munson Avenue are configured as multi-lane cross section roads. Almost all other roads in the Township are designed with a two lane configuration. Munson Avenue is a segment of US-31 and is the only state or federal highway located within the Township. CLASSIFICATIONS AND TRAFFIC The Federal Highway Administration has a standardized classification for roadways called the “National Functional Classification System”, which categorizes roads based on their traffic numbers and types, and is commonly used by federal, state, and local agencies to evaluate roads. These classifications are important because they determine whether a road is eligible for federal funding. Grand Traverse County Road Commission (GTCRC) uses a similar classification method, and according to the GTCRC, all of East Bay Township’s roads fall into one of five categories: East Bay Charter Township Master Plan 86 �CHAPTER 9 | TRANSPORTATION Map 13. GTC Road Classification Mu nso n GTC Road Classification East Bay e £ ¤ 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 7 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Cr 22 La nd s 23 Wemple Rd En d 24 Pe rc h 21 ty R d Prouty Rd La ke d Pr ou Vanderlip Rd Townline Rd li dar Van 19 fR Phaneu 20 Rd Loth Lo rien Dr Perch Lk 19 28 Coon Lks 26 27 Willsey Rd 33 25 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #5 #4 Yellow B irch Ln Arbutus Wether Lake G #3 Bass Lk We be rR d S bb Ho sH wy Rennie Lake 11 10 Rd 9 Trager Rd Spider Lake George Lk Lakes ar fie 8 ld Rd d R ights E Sle 1 2 #2 Spring Lk Lardie Rd 12 Ka nt z Rd rkey Sha 4 Denzer Lk 3 d 7 S N Arbutus Lake Rd ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd Perch Lk South ch Ran olf Rud Rd Pumpanickel Rd #1 Access Road Minor Arterial Local Feeder Road Rd d d Major Arterial ridge nB Brow 13 tR ill R iver Boardman River 14 15 igh Kn 16 17 sH E River Rd utu Arb 18 Boa rdm an R Scharmen Rd N i Data Sources: East Bay Township, FEMA, UM Flood Analysis, Grand Traverse County, Michigan GIS Open Data. Prepared September 2020 for East Bay Township 0 87� 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 9 | TRANSPORTATION 1. Major Arterial 2. Minor Arterial 3. Feeder Road 4. Access Road 5. Local Road See Map 13 GTC Road Classification for an overview of road locations. 42% OF SURVEY RESPONDENTS FELT TOWNSHIP ROADS WERE IN FAIR CONDITION, WHILE ONLY 3% REPORTED THEM AS EXCELLENT. FIGURE 11: The Michigan Department of Transportation also calculates the average number of vehicles that travel on roadways daily throughout the year, a figure termed “average annual daily traffic”. According to the most up to date data, the average annual daily traffic for the segment of U.S. 31 that traverses East Bay Charter Township is just shy of 36,000 vehicles per day. OWNERSHIP & CONDITION The maintenance and condition of roadways is a major issue in northwest Michigan communities. A 2019 summit that convened transportation leaders throughout the state estimated that the funding gap on road maintenance was between 2 and 2 ½ billion dollars annually. Further, experts at the summit concluded that costs from this underfunded infrastructure are often transferred to businesses and residents through added vehicle maintenance costs and lost productivity. The issue was highlighted further by Networks Northwest, the regional planning agency for northwest Michigan. The organization evaluated pavement conditions throughout the region’s roads using a standardized analysis called PASER, which categorizes conditions into “good”, “fair”, and “poor” condition. According to the report, degraded pavement is a major issue. Regionally, 46% of roads were rated “good” or “fair”, while almost one third (31%) were rated “poor.” Map 14 PASER Rating Data for 2019 shows the results of road condition assessments in East Bay Township. There were a few segments of roads in East Bay Township identified as poor condition. These road segments include Three Mile Road north of Hammond, South Airport Road, Hammond Road east of Three Mile, and Parsons. It should be noted that this data was collected in 2019, and the GTCRC has made significant improvements to Hammond Road and has scheduled improvements on Three Mile in the near future. SPECIAL ASSESSMENT DISTRICT (SAD) The special assessment process is one way a township can facilitate improvements made to county roads and private property, such as private roads or streetlights in a subdivision. Michigan Public Act 188 of 1954, as amended, establishes and authorizes townships to utilize special assessment procedures to fund the costs of certain types of public improvements. The proportional share of the cost of the improvement is assessed against the benefited property, which will be generally offset by the increase in the property’s value once the improvement is in place. While statute allows for a township to initiate a SAD, in most Townships it is typically done by petition of the property owners in a designated area who wish to make an authorized improvement. The township then acts in an administrative capacity by establishing the district, gathering cost estimates and plans for the improvement, identifying financing or funding for the cost of the improvement, and levying and collecting the special assessment to pay off the associated debt. East Bay Charter Township Master Plan 88 �CHAPTER 9 | TRANSPORTATION Map 14. PASER Rating Data for 2019 Mu nso n P.A.S.E.R. Rating Data for 2019 East Bay 7 e £ ¤ 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Av 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr Wemple Rd En d 23 24 26 25 La ke Rd La nd s h 22 Pe rc Cr Pr ou ty Rd Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Perch Lk 19 28 Coon Lks 27 Willsey Rd 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd #5 #4 Yellow B irch Ln Arbutus Wether Lake G #3 Bass Lk We be rR d S bb Ho sH wy Rennie Lake 11 10 Rd 9 Trager Rd Spider Lake George Lk Lakes ar fie 8 ld Rd Rd ts h ig le S E 1 2 #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z Rd rkey Sha 4 Denzer Lk 3 d 7 S N Arbutus Lake Rd ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 Fair Good -- d d Poor Brow 13 d ge R n Brid tR iver ill R -- Boardman River 14 15 Scharmen Rd N i Very Good Excellent igh Kn 16 17 sH E River Rd utu Arb 18 Boa rdm an R Data Sources: East Bay Township, FEMA, UM Flood Analysis, Grand Traverse County, Michigan GIS Open Data. Prepared September 2020 for East Bay Township 0 89� 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 9 | TRANSPORTATION East Bay Township’s public roads are owned and operated by Grand Traverse County and U.S. 31 by the State of Michigan. Although the roads are under the County Road Commission’s purview, East Bay Township residents and property owners have initiated a number of Special Assessment Districts (SAD) to cover the cost of road improvements where GTCRC funding would restrict the agency’s ability to reconstruct a road on a timely basis. VISION 2035 Long-Range Transportation Land Use Plan (Vision 2035) was prepared by TCTALUS12 pursuant to federal requirements to effectively plan for and implement surface transportation improvements needed to serve the community. As the planning organization responsible for managing federal support for transportation improvements, TC-TALUS developed Vision 2035 in September, 2014. Vision 2035 includes results of traffic modeling studies for certain possible new roads and a rough project cost estimate for their completion. A possible eastward extension of South Airport Road from Three Mile Road to either Four Mile or Five Mile Roads was modeled. The intent was to determine if such an extension would significantly relieve traffic volumes on Munson Avenue. The modeling exercise suggests that the proposed extension would have minimal impact on traffic volumes on Munson Avenue and would likely cost upwards of $25 million to complete. This cost-benefit analysis implies a lack of justification for further consideration of the proposed extension. In addition an eastward extension of South Airport Road would necessitate crossing areas impacted by the Mitchell and Baker Creek wetlands where the potential for environmental degradation would be high. EAST-WEST CORRIDOR STUDY In 2018, the Grand Traverse County Road Commission initiated an independent analysis of the transportation corridors in the county. The goal of the study was to identify a range of possible transportation improvements that would alleviate congestion and improve pedestrian and non-motorized traveler safety in Traverse City and the surrounding area. A key component to achieving that goal was engaging local units of government and members of the public in the development of the priority projects and ultimate solutions. In the end, a number of projects—including roundabouts at strategic locations, roadway widening, traffic signal optimization—were identified to improve cross-county mobility. In East Bay Township, a number of improvements to the Hammond Road corridor were identified. In the summer of 2021, a roundabout was constructed at the intersection of Four Mile and Hammond Road. As discussed in more detail in Chapter 8, the Township was heavily involved in the project to ensure placemaking elements were included. Future intersection improvements are planned at Three Mile and Hammond Roads in 2023/2024. East Bay Charter Township Master Plan 90 �CHAPTER 9 | TRANSPORTATION COMPLETE STREETS AND NON-MOTORIZED TRANSPORTATION The complete streets movement is a relatively recent development and has been pushed by national organizations seeking to make community streets and roadways serve all users, regardless of their mode of travel. Complete Streets advocates for the design of streetscapes to facilitate travel by bicycle, walking, public transportation, among others. This contrasts with conventional street design in the United States, which facilitates the rapid movement of automobiles at the expense of these other modes. Elements of complete streets include the installation of specific features where they are appropriate, including wide sidewalks, bicycle lanes, bus shelters, crosswalks, vegetation. According to Networks Northwest, the potential benefits of complete streets are many; they can improve safety for non-motorists, lower transportation costs associated with the automobile, and can promote travel choices that millennial and baby boomer demographics need or prefer. The state of Michigan passed complete streets legislation in 2010 that requires MDOT and local transportation agencies to consider all roadway users when undertaking transportation projects. As noted in Chapter 2, there is strong and growing public support for better non-motorized connections in East Bay Township. Three-quarters of survey respondents supported more sidewalks throughout the Township. Seventytwo percent of survey respondents supported trails along highways as well as bikes lanes throughout the Township. Opportunity exists to ensure new developments provide internal sidewalks within their development as well as non-motorized pathways along the public right-of-way of their development. Recent development approvals have included those conditions and the updated zoning ordinance shall seek to codify those requirements. Figure 12: SHARED USE PATHS Shared-use paths support a diverse array of transportation choices and often feel safer and thus accommodate more users because they are separated from vehicular traffic. These types of paths come in multiple forms depending on the right-of-way availability, the desired use, and the type of land adjacent to the pathway. In areas with significant green space, the pathway should have 10-12-foot wide cross sections. In areas with less green space available, shareduse paths are often narrower to accommodate existing infrastructure and rights-of-way constraints. These segments of this system are up to 10 feet wide as space permits but can be as narrow as 6 feet. 91� Pictured above is a shared use path rendering for the future Three Mile Trail in East Bay Township. East Bay Charter Township Master Plan �� CHAPTER 9 | TRANSPORTATION SAFE ROUTES TO SCHOOL AND THREE MILE TRAIL PLANNING UNDERWAY As part of the Safe Routes to School initiative, East Bay Township is seeking to improve pedestrian access to area schools in the vicinity of the Three Mile Road and Hammond intersection, while also furthering the enhancement of regional trail connectivity. The Master Plan community survey indicated that 80% of respondents supported investments in new sidewalks and trails to connect students homes with their schools. In 2020, the Township contracted with a consultant to assist the Township in applying for Safe Routes to School funding. Projects partners at four East Bay Township schools, TART Trails, the Grand Traverse Regional Land Conservancy, and Norte were instrumental in leading a public input process to identify infrastructure improvements. The final grant application was submitted by the GTCRC on behalf of the Township and included a trail on Hammond Road, safe crossing at the intersection of Figure 13: EAST BAY SRTS AT A GLANCE Participating Schools: ■ Cherry Knoll ■ East Middle School ■ St. Elizabeth Ann Seton ■ Grand Traverse Academy Input Opportunities: ■ Walking & Biking Audits – Over 60 completed, on 5 different potential routes ■ Public Open House – Outdoors, attended by 50 people ■ Action Plan Meeting – Virtual meeting to prioritize possible improvements Pictured to the left is a map showing the Three Mile Trail and SRTS planning area. The two trail systems will be integrally connected. Also pictured are the locations of the 4 East Bay Township schools of interest. East Bay Charter Township Master Plan 92 �CHAPTER 9 | TRANSPORTATION Map 15. Existing & Future Non Motorized Plan & Map Existing & Future Walking and Biking Routes e 31 9 Cr Holiday Rd 14 15 Loth Lo rien Dr d Rd ou ty 22 La nd s -. En d 23 24 Wemple Rd Pe rc Pr Cr 19 Prouty Rd 21 Rd Townline Rd li dar Van I 18 13 - - - --- • - •I f Rd Phaneu 20 Vanderlip Whi tefo rd R Rd 16 La ke e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr h 7 East Bay Av Four Mile Rd Mu nso n Perch Lk 19 28 Coon Lks 26 27 Willsey Rd 33 25 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd N Arbutus Lake Rd 4 #5 d Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd Rd ts h ig le S E We be Lakes #3 9 Spider Lake George Lk Bass Lk rR d S bb Ho sH wy Rennie Lake 11 10 Rd G Trager Rd #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z yR Sha rke 7 S 1 2 d #4 Denzer Lk 3 ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd \ Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 Future 5ft Sidewalk g n Brid Scharmen Rd N Note: future sidewalks and pathways within the urban growth boundary are intended to be constructed on both sides of the road, while future pathways outside of the growth boundary are intended to be on one side of the road. Exact placement will depend on site conditions and engineering design. t Data Sources: East Bay Township, Grand Traverse County, USDA-NRCS, Michigan GIS Open Data. Prepared February 2022 for East Bay Township 0 93� d Future 10ft to 14ft Pathway Brow tR Existing Sidewalk 13 e Rd d Existing Paved Pathway Boardman River 14 15 ill R ~ iver 16 igh Kn 17 sH E River Rd utu Arb 18 Boa rdm an R 0.5 1 Miles 1.5 East Bay Charter Township Master Plan �� CHAPTER 9 | TRANSPORTATION Three Mile and Hammond Road, sidewalks on both sides of Three Mile, a midblock cross on Three Mile, and pathway connections at the schools. A closely related project, led by TART Trails is the Three Mile Trail Extension. Once complete, the Three Mile Trail and SRTS improvements will provide much needed connections for East Bay Township residents. A conceptual planning effort was launched in the summer of 2020. Additional project partners include East Bay Township, the Grand Traverse Regional Land Conservancy, and Norte Youth Cycling. In August 2021, the East Bay Township Board of Trustees approved a conceptual alignment for the future trail expansion. TART is actively seeking funding for final design engineering and construction. NON MOTORIZED PLAN The Non Mototized Map (Map 15) depicts desired locations for future sidewalk and trail connections in East Bay Township. The future system network was developed through citizen input as a part of the Safe Routes to School Planning process, Three Mile Trail input sessions, and based on the maps developed in past master planning and recreation planning initiatives at the Township. This system will be built out piecemeal as future developments are reviewed and adopted. It is the intent of the Township to update the zoning ordinance so that new developments provide trails and/or pathways along the public right-of-way based on the desired infrastructure identified in Map 15. Grants like Safe Routes to School and MDOT’s Transportation Alternatives Program (TAP) can provide funding to fill the infrastructures gaps left by private investment. East Bay Charter Township Master Plan 94 �CHAPTER 9 | TRANSPORTATION AIRPORT The Cherry Capital Airport (TVC) is owned and operated by the Northwest Regional Airport Authority (NRAA). This newly formed authority represents a shift in governance with the goal of improving service and representation. The NRAA has formed a Zoning Board with representation from East Bay Township to help guide land use and development decisions on airport property. The TVC plays a major role in transportation and commerce in East Bay Township and the greater Grand Traverse Area. A 2017 Michigan Department of Transportation study found that TVC contributes nearly $1 billion annually to the state and local economy, supporting 1,377 on-site jobs and an additional 3,169 off-site jobs. The Airport also generates more than $53 million in state sales tax and more than $6 million in state income tax through its aviationrelated activity. After 8 years of continuous growth, 2020 reflected a significant decrease in travelers due to the impacts of COVID-19. Total passenger traffic declined 49% when compared to TVC’s record year in 2019. Even so, Cherry Capital Airport’s decrease in activity at was felt less than our peers across the state of Michigan, whose passenger traffic was down more than 60% from their reported passenger numbers in 2019. Total Passenger Traffic 579,712 '76,767 629,361 500,416 451,356 397,649 295~ 92 2014 2015 2016 2017 2018 2019 2020 20U&t Total passenger traffic at TVC over the years. Source: TVC Annual Report, September 2021 95� East Bay Charter Township Master Plan �� CHAPTER 9 | TRANSPORTATION PUBLIC TRANSPORTATION Public transportation is an important option for residents and employees of East Bay Township without access to a private automobile and can also serves to reduce congestion on the roadways by serving as a viable option for “choice riders.” The Bay Area Transportation Authority (BATA) serves residents and visitors of Grand Traverse and Leelanau Counties, and provides over half a million rides to residents and visitors of Leelanau and Grand Traverse counties. There are a 62% OF SURVEY variety of fixed routes that traverse East Bay Township, including the Village RESPONDENTS SUPPORT Loop, that connects Traverse City and Kingsley with a stop at the Oleson EXPANDED BATA BUS Plaza in East Bay Township. The most popular route, called the Bayline, ROUTES THROUGHOUT goes through the Regional Business District of East Bay Township and is no THE TOWNSHIP. REPORTED cost to the passenger. BATA also offers the Link for the urbanized portion THEM AS EXCELLENT. of East Bay Township, which is an on-demand ride service with real time tracking technology. Above, a passenger boards the BATA Bayline. The Bayline runs through East Bay Township long U.S. 31 and is BATA’s most popular route. East Bay Charter Township Master Plan 96 �CHAPTER 10 | FUTURE LAND USE PLANNING A view at the edge of the urban growth boundary, photo courtesy of Jacob Dean 97� East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING CHAPTER 10 FUTURE LAND USE AND ZONING The Michigan Planning Enabling Act of 2008 requires the inclusion of a future land use map and zoning plan in the Master Plan. The future land use map and districts identify a generalized, preferred organization of future land uses in the Township. It is a general framework intended to guide land use and policy decisions within the Township over the next 15-20 years. It guides the development of a Zoning Plan and ultimately influences changes that may be made to the MICHIGAN PLANNING ENABLING ACT Zoning Ordinance.. The Future Land Use Map is not intended to be used to identify future land use on a parcel by parcel basis, but rather to identify land uses that may evolve within the Township. The Future Land Use Map shows the preferred locations for future preservation and development in East Bay Township. The Future Land Use map is often informed by what currently exists in the Township (see Existing Land Use Map) and the current policy framework in the Township (see Zoning Map). Both the Existing Land Use map and the Zoning Map are important influences of the Future Land Use map. This map shows the relative desired locations for residential, commercial, industrial development in the Township. OF 2008 Provides the foundation for long range planning authority with Michigan municipalities and provides for the creation, organization, powers, and duties of local planning commissions. GROWTH BOUNDARY The growth boundary was initially established with the adoption of the Township’s Comprehensive Plan in 1999 and it has proven to be a useful guide for land use decision making. Illustrated on the Future Land Use Map, it consists of an area of about 7,900 acres, or the northwestern one-third of the Township adjoining the City of Traverse City THE GROWTH and Garfield Township. It is bounded on the south by the BOUNDARY IN EAST Consumers Energy right-of-way, the north face of the glacial BAY TOWNSHIP WAS ridge located in Sections 31, 32 and 33 (T27N/R10W) and the FIRST ESTABLISHED limits of gravity service in the existing wastewater collection IN 1999. district. This future land use plan will seek to promote efficient and aesthetic growth within this growth boundary, while seeking to promote conservation of natural features and the rural character outside the boundary. Based on the social, economic and environmental characteristics of the Township, eight (8) general categories of land use have been identified to serve existing and future development needs. These categories are as follows: East Bay Charter Township Master Plan 98 �CHAPTER 10 | FUTURE LAND USE PLANNING NATURAL AREA PRESERVATION The overall purpose of the Natural Area Preservation designation is to foster the protection of these natural features with as little disturbance as possible. Much of the area designated is in public ownership and efforts should be directed to maintain and provide more public stewardship. Lands that are not in public ownership may see low intensity development that incorporates careful measures which limit the impact on the natural features. Techniques, such as conservation easements, should be encouraged. Extensions of public utilities and roads into these areas should be avoided. Development in the Natural Feature Preservation areas should be limited to forestry and farming operations with single family housing limited to very low density or conservation cluster design that preserves natural areas at an overall ratio of at least 20 acres preserved for each 1 acre developed. MITCHELL CREEK PROTECTION AND TRANSITION DISTRICT The purpose of this district is to protect the delicate ecosystems and water quality in the Mitchell Creek system while permitting careful and low intensity development where feasible. This district also serves as a scenic and low intensity transition and buffer from the urbanization of the northern portion of the Township and the Township Center area. Land uses in this area may include a combination of low intensity development intended to work in harmony with the sensitive natural features of the watershed. These uses may include single-family residential, office park or clean industrial land uses. All patterns of development will be flexibly structured using the Planned Unit Development mechanism to fulfill the performance standards established for the watershed. To the extent single-family homes are proposed they will be developed in densities of 1 to 3 units per acre, arranged generally in conservation clusters that result in the preservation of wetlands and wildlife corridors. AGRICULTURE The overall purpose of the Agriculture land use designation is to promote the continued use of quality farmland for agricultural purposes and to minimize the potential for conflict with more intense land uses. The primary use in this area should be farming and related activities. Field crops, orchards and livestock operations (exclusive of high intensity feed lot operations) may be permitted. In addition, residential development associated with farming operations is anticipated. Other single family housing that preserves quality farmland areas and/or natural features may be permitted either in very low densities or conservation cluster design. RESIDENTIAL - VERY LOW DENSITY This land use designation is intended primarily to address the need for scattered single-family development in relatively rural and low density patterns. These areas are 99� East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING not intended to be served with large-scale public utility systems that would promote greater densities. The primary land use within this area will be single family homes that are developed on lots of about 1 acre, or more, or in conservation clusters that result in the preservation of significant open lands and overall densities of less than 1 unit per acre. RESIDENTIAL - LOW TO MEDIUM DENSITY A significant portion of the Township lends itself to suburban style single family neighborhoods. The primary land use within this area will be homes developed on lots ranging from 1/5 acre to 1 acre or in conservation clusters which result in preservation of significant open lands, and overall densities of 5 units per acre, or more. Appropriate housing types include single family homes, duplexes, accessory dwelling units, townhomes, and cottage courts. Possible candidates for rezoning consideration to moderate density residential classification include parcels located adjacent to existing commercial, industrial, and multifamily uses, and along primary roads or near major intersections. RESIDENTIAL -- MEDIUM TO HIGH DENSITY The central purpose of this designation is to establish human scale, walkable neighborhoods that are in close proximity to commercial and recreational services and with a design that works with the area’s natural features. The primary land use within this area will be single family and attached homes that are developed in clusters or in multi-unit buildings. Overall residential densities of up to 5 to 8 dwelling units per acre may be achieved. RESIDENTIAL – HIGH DENSITY The high density designation anticipates high quality and aesthetic forms of development that increase density while creating very attractive living environments for residents. These neighborhoods will be human scale with good access to commercial and recreational services. Overall residential densities of 8 to 12 units per acre will be achieved. On a limited basis, higher densities of greater than 12 units per acre may be considered where the effects of that density on natural features, infrastructure and surrounding properties are mitigated. NEIGHBORHOOD COMMERCIAL This land use designation is intended to provide goods and services primarily to meet the needs of the immediate neighborhood. Uses may consist of coffee shops, bakeries, delis, pharmacies, community banks, restaurants, art galleries, and offices planned and designed with pedestrian orientation and formed into a compact and walkable community. Nonresidential uses will be permitted on the first story of a building, with residential uses or offices permitted above. East Bay Charter Township Master Plan 100 �CHAPTER 10 | FUTURE LAND USE PLANNING REGIONAL COMMERCIAL This land use designation is intended to provide goods and services to meet the needs of the larger Grand Traverse Region and the traveling public, including jobs for residents and goods and services for residents and the tourist and business traveler markets. Facilities will be developed in harmony with the area’s natural features and in a scale and form to promote smooth traffic access and to preserve views of the Bay and other important features. INDUSTRIAL This land use designation is intended to provide employment for area residents and manufactured goods and services to meet the needs of the larger Grand Traverse Region and beyond. EXISTING LAND USE & ZONING To help inform the development of the future land use map, it is important to look at historic development patterns in the Township as well as the existing land use regulations to better understand what type of development is currently permitted in the Township. The maps that help paint this picture are the Existing Land Use map (Map 16) and the Zoning map (Map 17). The Existing Land Use map illustrates how land is currently being used, what areas are vacant or underutilized, and what areas have higher intensity development. The Zoning Map shows what land uses are currently permitted in each district in the Township. Figure 14: LAND USE ANALYSIS Commercial ■ Total Land Zoned for Commercial: 1,342 parcels totaling 591 acres ■ Total Land Zoned for Commercial currently vacant: 218 parcels remaining totaling 117 acres Industrial ■ Total Land Zoned for Industrial: 71 parcels totaling 513 acres ■ Total Land Zoned for Industrial currently vacant: 23 parcels totaling 260 acres ■ Of the remaining 23 parcels: ■ <2.0 acres = 5 parcels, totaling 6.457 acres ■ 2-5 acres = 14 parcels, totaling 42.127 acres ■ >5 acres = 4 parcels, totaling 471.818 acres Residential ■ High Density Residential: 379 parcels totaling 605 acres, Vacant HDR: 45 parcels totaling 314 acres ■ Moderate Density Residential: 270 parcels totaling 799 acres, Vacant MDR: 44 parcels totaling 301 acres ■ LDR: 2,617 parcels totaling 5,548 acres, Vacant LDR: 252 parcels totaling 1,772 acres 101� East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING Map 16. Existing Land Use Map Mu nso n Existing Land Use East Bay Av e £ ¤ 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd 7 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Wemple Rd 23 nd La ke La nd sE 24 h 22 Pe rc Cr Pr ou ty Rd Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Rd Loth Lo rien Dr Perch Lk 19 28 Coon Lks 26 27 Willsey Rd 33 25 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd 4 #5 #4 Yellow B irch Ln Arbutus Wether Lake ar fie 8 ld Rd Rd ts h ig le S E We be Lakes #3 9 Trager Rd Spider Lake George Lk Bass Lk rR d S sH bb Ho wy Rennie Lake 11 10 Rd G 1 2 #2 Spring Lk Lar die Rd Perch Lk South 12 Ka nt z Rd rkey Sha 7 S Denzer Lk 3 d Eikey Rd N Arbutus Lake Rd R Lake utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran l f Rd udo Pumpanickel Rd #1 17 g n Brid Scharmen Rd d Industrial -- Brow tR Commercial 13 e Rd d --- Agriculture/Rural Residential Boardman River 14 15 ill R iver 16 igh Kn E River Rd sH utu Arb 18 Boa rdm an R N i Open Space/Recreation Residential Vacant Land Data Sources: East Bay Township, Grand Traverse County, Michigan GIS Open Data. Prepared October 2020 for East Bay Township 0 0.5 1 Miles 1.5 East Bay Charter Township Master Plan 102 �CHAPTER 10 | FUTURE LAND USE PLANNING Map 17. Zoning Map US 31 Par s Acme Twp ons US 31 --- -- -- -----~-------- ------ -----1 5 Mile Traverse City ! I i i 3 Mile i i I i i Prouty ! Townline Vanderlip I i i 2 Hammond J i 1 High Lake Carlisle 4 Mile pl y Hobbs Rasho Su p fie Chandler Lake White Water Twp Garfield Twp i ! Potter G ar i i High Lake ld Spider Lake Eikey Bass Lake ak e utus L Salon Arbutus Lake s Ho bb ts Sleigh Union Twp rb East A Blair Twp Rennie Lake nc h Ra Ru dol f River Paradise Twp East Bay Charter Township Legend cs Mitchell and Baker Creek Overlay District C3 100' Stream Buffer -- AG, Agricultural Gran d Tra ve rse Co u nt y, Mi ch ig a n RR, Rural Residential LDR, Low Density Residential Zoning Effective: May 22, 2003 as amended through December 31, 2019 103� MDR, Moderate Density Residential HDR, High Density Residential ! ! ! ! ! ! ! ! ! MHC, High Density Residential & Manufactured Housing ! ! ! ! --! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 0 LA, Lakes Area NA, Natural Area Conditional Rezoning: 1. Ord. #1-19, PPN 03-230-005-00 from IND to HDR 2. Ord. #3-18, PPN 03-220-039-00 & PPN 03-220-035-00 from MDR to MHC BR, Boardman River EBC, East Bay Corners LB, Local Business 1 inch = 5,000 feet PO, Professional Office RB, Regional Business AS, Airport Services IND, Industrial 0 µ 1,250 2,500 5,000 Feet williams works l'<1g'T'l!'tn .-i""')"D<~ pla,. .. -" East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING Township staff worked with LIAA and Grand Traverse County Assessing to summarize the total acres in the Township dedicated to various land use categories, and the total acres of vacant land within each category. Taking stock of existing land use by zoning district will help the Planning Commission determine if there are areas where more land is needed as well as if there are areas where there may be a surplus of land available. Note that location is important and in some cases, land zoned for certain uses may be more or less desirable based on transportation access, access the public water and sewer, environmental factors, and proximity to other goods and services. Please see Figure 14 for a summary of the results of this land assessment. ZONING PLAN According to Section 2(d) of the Michigan Planning Enabling Act (PA 33 of 2008), the Master Plan shall include a Zoning Plan depicting the various zoning districts and their use, as well as proposed changes to these standards. The Zoning Plan serves as the basis for the Zoning Ordinance. As a key component of the Master Plan, the Zoning Plan is based on the recommendations of the Master Plan and is intended to identify areas where existing zoning is inconsistent with the objectives and strategies of the Master Plan, and to guide the development of the Zoning Ordinance. The Zoning Ordinance is the primary implementation tool for the future development of East Bay Township. The following zoning districts can be found within the East Bay Township boundary. Table 17 summarizes existing district regulations. PROPOSED ZONING CHANGES The following summarizes a list of proposed changes to the Zoning Ordinance. After adoption of the master plan, the Township will engage a consultant to assist with a complete rewrite of the zoning ordinance, and the Planning Commission will likely convene a steering committee to oversee that process. While the zoning ordinance is being updated, high priority amendments will be prioritized and implemented by the Planning Commission as opportunities arise. The recommended changes to zoning districts will be evaluated upon rezoning requests and on a case-by-case basis. ADMINISTRATION There are numerous opportunities to streamline the zoning ordinance to make it more user friendly for residents, developers, and Township officials. As part of the Michigan Economic Development Corporation (MEDC) Redevelopment Ready Communities (RRC) certification program, staff has identified several opportunities for improving and streamlining the site plan review process. For example, East Bay Township currently requires a public hearing for all site plan reviews, including those permitted by right. The Township should consider administrative review and approval for most uses permitted by right. Phasing for site plan approval, including a process for issuing separate land use permits for each phase, should be codified in ordinance. There are also some special uses that would be better suited for administrative review accompanied by a set of East Bay Charter Township Master Plan 104 �CHAPTER 10 | FUTURE LAND USE PLANNING Table 19. District Regulations and Future Land Use Categories Zoning District Minimum Lot Size Height Setbacks (Front, Side, & Rear) Future Land Use Category 2 ½ stories or 35 feet 30, 10, 35 2 ½ stories or 35 feet 25, 8, 25 3 stories or 40 feet 20, 6, 25 3 stories or 40 feet 30, 10, 35 2 ½ stories or 35 feet 30, 10, 35 3,000 26 feet 25, 7, 20 Residential – Low to Medium Density Residential –Medium to High Density Residential –High Density Residential –High Density Residential – Very Low Density Not Applicable 2 ½ stories or 35 feet 30, 10, 20 Regional Business (RB) 40,000 or 25,000 with S&W 40,000 30, 10, 20 East Bay Corners (EBC) 20,000 35 feet (N of U.S. 31) 50 feet (S of U.S. 31) 2 ½ stories or 35 feet Professional Office (PO) 20,000 35 feet 20, 10, 20 Industrial (IND) 40,000 Airport Service (AS) Not applicable Agriculture & Preservation Districts Agricultural (AG) 40,000 Lakes Area (LA) 40,000 50 feet 3 stories and 40 feet 40, 20, 40 25, 0, 15 2 ½ stories or 35 feet 2 ½ stories or 35 feet 30, 10, 35 30, 10, 35 Boardman River (BR) 2 ½ stories or 35 feet 30, 10, 50 2 ½ stories or 35 feet 30, 10, 35 Residential Districts Low Density Residential (LDR) 40,000 or 12,000 with S&W Moderate Density Residential 40,000 or 8,000 with (MDR) S&W High Density Residential 40,000 or 5,500 with (HDR) S&W Manufactured Housing 40,000 or 12,000 Community (MHC) with S&W Rural Residential (RR) 40,000 Pocket Neighborhood (PNR) Commercial Districts Local Business (LB) Natural Area (NA) 40,000 or 2.5 acres within 400’ of River 5 acres 30, 10, 20 Neighborhood Commercial Regional Commercial Neighborhood Commercial Industrial & Regional Commercial Industrial Regional Commercial Agricultural Residential – Very Low Density Natural Area Preservation Natural Area Preservation Please note that setbacks vary based on proximity to natural features as application in the zoning ordinance, please refer to the East Bay Township Zoning Ordinance for regulations pertaining to specific parcels. non-discretionary standards. For example, accessory structures over a certain percentage of the principal building are currently a special land use. A process and conditions should also be added to the ordinance for rezoning and conditional rezoning. Changes like these would make the ordinance and Township approval process more predictable and efficient. LANDSCAPE STANDARDS In 2020, the Township convened a Tree Preservation Subcommittee to identify opportunities for preserving and protecting trees in East Bay Township. Specifically, 105� East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING Map 18. Future Land Use Map 7 Future Land Use East Bay Av e Approved by the Planning Commission: 01.03.23 31 9 Cr e Cr e Cr hell Mitc r ke Ba Four Mil ile Rd r Five M sC 17 18 m Ac Mi tch ell 8 Cr Four Mile Rd Mu nso n 16 Holiday Rd 14 15 Whi tefo rd R 18 13 d Loth Lo rien Dr En d 23 24 26 25 La ke Rd La nd s h 22 Wemple Rd Pe rc Pr Cr ou ty Rd Prouty Rd 21 Rd Townline Rd li dar Van 19 f Rd Phaneu 20 Vanderlip Perch Lk 19 28 27 Willsey Rd Coon Lks 33 Su pp ly Rd Vandervoight 35 Lk 34 36 Tibbets Lk Potter Rd N Arbutus Lake Rd 4 #5 d Yellow B irch Ln Arbutus Wether Lake G #3 Bass Lk We be rR d S bb Ho sH wy Rennie Lake 11 10 Rd 9 Spider Lake George Lk Lakes ar fie 8 ld Rd Rd ts h ig le S E Trager Rd #2 Spring Lk Lardie Rd Perch Lk South 12 Ka nt z rkey R Sha 7 S 1 2 d #4 Denzer Lk 3 ake R Eikey Rd L utus 5 Four Mile Rd E Arb 6 Lake Rd Indian Lake High Lk Chandler Lk Rennie 32 31 Supply Rd Rasho Rd Farm Ln 29 High Lake Rd 30 Carlisle Rd Three Mile Rd Edgecomb Rd Hammond Rd ch R Ran lf udo Rd Pumpanickel Rd #1 Lakes D Agricultural -[Z:J Industrial Mitchell Creek Protection Natural Area Preservation d D --- g n Brid Scharmen Rd tR GrowthBoundary Brow d FEMA Flood Zone 13 e Rd N Neighborhood Commercial t Regional Commercial Residential - Very Low Density Residential - Low to Medium Density igh Kn iver Boardman River 14 15 ill R •• 16 17 sH ~ E River Rd utu Arb 18 Boa rdm an R Data Sources: East Bay Township, FEMA, Grand Traverse County, Michigan GIS Open Data. Residential - Medium to High Density Residential - High Density East Bay Charter Township Master Plan Prepared September 2021 for East Bay Township 0 0.5 1 Miles 1.5 106 �CHAPTER 10 | FUTURE LAND USE PLANNING the subcommittee was tasked with identifying strategies to preserve the large white pine heritage trees along the U.S. 31 corridor that contribute to the corridor’s unique identity. The subcommittee also looked globally at tree landscaping requirements that would facilitate desired development character on key corridors. The subcommittee reviewed existing landscaping requirements in East Bay Township and identified opportunities to make the existing standards more specific. Generally, the opportunities identified in the ordinance related to landscaping requirements for trees were as follows: 1. Add specific requirements for types of tree species (e.g ensuring mature deciduous or conifers, shade trees in parking lots, large canopy at maturity, native species) 2. Add size requirements (e.g minimum caliper when planted) 3. Add spacing requirements for street trees 4. Add opportunity for credits (using trees preserved on site for reductions in landscape requirements) 5. Add requirements for buffers between single family residential and multifamily, commercial, etc. 6. Add specific requirement for percentage canopy cover of site (as trees reach maturity). FOREST LAKES OVERLAY DISTRICT As a part of ongoing development pressure in the Forest Lakes Area, the Township plans to reconvene a subcommittee of Lakes Area residents and stakeholders to review the Forest Lakes Overlay District standards, first developed in 2008. The subcommittee would identify opportunities to clarify and strengthen the protection standards. One example would be to formalize the process for documenting the Ordinary High Water Mark (OHWM) elevation at the time of permitting, as well as ensure consistency in references to OHWM throughout the ordinance. REDEVELOPMENT FRIENDLY POLICIES As referenced earlier, East Bay Township is actively engaged in the MEDC RRC program. Many of the zoning ordinance recommendations for the certification revolve around removing barriers to development and redevelopment. Based on the Township’s evaluation report, zoning ordinance recommendations include: 1. Amending parking standards to reduce minimums and add maximums, 2. Provide provisions for outdoor dining 3. Allow for mixed use buildings by right in certain districts SIGNS In line with Reed v. Town of Gilbert, 576 U.S. 155 (2015), the zoning ordinance will need to be amended to ensure all sign standards are content neutral. Additionally, the Township will want to reevaluate sign sizes. Currently very 107� East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING large signs are permitted in commercial districts and may be inconsistent with desired aesthetics. HISTORIC RESIDENTIAL DISTRICT REGULATIONS In older neighborhoods of the Township, the district regulations are in conflict with the historic development patterns of the Township. Where possible, these inconsistencies should be rectified in the Zoning Ordinance to reduce the number of non-conformities and support future development that is harmonious with historic patterns, housing and development goals, and preservation priorities. Township residential areas of note include the Pine Grove Neighborhood and the Lakes Area. Both districts have many parcels nonconforming parcels based on size and density. DESIGN STANDARDS The Planning Commission has discussed the type of development the Township should foster in two key districts – East Bay Corners/Hammond corridor and the Regional Business District along U.S. 31. Future development should focus on high quality site design that contributes to an improved public realm. These desired goals can be facilitated through design standards. For example, the Township could stipulate preferred building materials, require parking in back of the development, reduce setbacks from the public right-ofway, and add enhanced landscape requirements. ENVIRONMENTAL & OPEN SPACE PROTECTIONS Currently, East Bay Township regulates development located in proximity to Mitchell and Baker Creeks and their tributaries, inland lakes in the Forest Lakes area, and East Bay. Each of these bodies of water have development setbacks associated with them, as well as greenbelt provisions to protect water quality and reduce runoff. There are, however, opportunities to enhance environmental protections to better protect East Bay Township’s natural areas. In the updated zoning ordinance, the Township should explore wetland protection provisions, natural features setbacks, enhanced tree protection and landscaping requirements, and a septic ordinance. Development standards for agricultural lands and open spaces should be added and focus on future utility scale solar development standards and provisions to codify the Right to Farm Act in the Zoning Ordinance. To protect private property, critical facilities, and natural features, the Township should consider adding an overlay district for flood protection using the most up to date FEMA FIRM to the zoning map, as illustrated in the Future Land Use map. WORKFORCE HOUSING To better meet the changing needs of current and future residents, the Township should work to develop zoning standards in the residential areas surrounding the commercial district to provide for a mix of housing options. In established residential districts, work to update zoning standards to better facilitate infill and mixed housing developments in areas near commercial and employment centers with access to transportation options. Specifically, consider allowing mixed housing, housing permitted in commercial areas, East Bay Charter Township Master Plan 108 �CHAPTER 10 | FUTURE LAND USE PLANNING a mixture of dwelling densities permitted by right, and reduced parking requirements. The Township is also looking to reduce or remove the minimum dwelling size and allow the owner of an accessory dwelling unit to live in the accessory dwelling unit and rent the principle dwelling. Consider reducing the minimum parcel size and minimum lot width in all residential districts to better facilitate allowable densities in single family developments. TRANSPORTATION From a transportation standpoint, future amendments to the ordinance should seek to clarify access management and connectivity requirements between adjacent development properties to improvement connectivity and access. To support the Township’s non-motorized infrastructure plans, future amendments to the ordinance should focus on requirements that new developments and redevelopments provide sidewalks and trails along the public right-of-way per the Township’s adopted non-motorized map. INDUSTRIAL There has been steady investment in both established industrial parks in the Township. The Township should continue to evaluate opportunities for appropriate industrial development locations as demand arises. The existing areas zoned for industrial land use may present development challenges due to existing wetlands and other natural features. CAPITAL IMPROVEMENT PROGRAM Article IV of the new Michigan Planning Enabling Act (PA 33 of 2008) requires that township Planning Commissions annually prepare a capital improvements program (CIP) of public structures and improvements when the municipality owns or operates a water supply or sewage disposal system. The Planning Commission may be exempted by charter from this duty if it is assigned to the legislative body and the legislative body may assign the duty to the chief elected official or a non-elected administrative official. The CIP must prioritize the projects which are deemed to be needed or desirable within the next six (6) years. Upon adoption of the 2022 Township Master Plan, the Planning Commission should work with staff to draft a CIP that reflects the reflect projects and priorities set forth in the Master Plan. 109� East Bay Charter Township Master Plan �CHAPTER 10 | FUTURE LAND USE PLANNING East Bay Charter Township Master Plan 110 �CHAPTER 11 | ACTION & IMPLEMENTATION Farmland at the intersection of Three MilePhoto and Potter, by photo Deb courtesy of Jacob Dean 111� East Bay Charter Township Master Plan �CHAPTER 11 | ACTION & IMPLEMENTATION CHAPTER 11 ACTION AND IMPLEMENTATION This Master Plan’s primary function is to guide future development and growth in East Bay Township. The Master Plan identifies a future vision for the Township and a series of goals and objectives to guide decision making. It is important that the vision and goals of the Master Plan reflect the needs and desires of the people of East Bay Township, and the planning process provided the public input that served as the basis for the vision, policies, and actions found in this chapter. Specifically, the actions were developed using public input from the community survey, master plan focus groups input sessions, Planning Commission works sessions and joint works sessions with the Township Board, priorities from the 2015 Master Plan update, and demographic and social data trends. At the end of this chapter, a 5-year action plan is presented with identification of partners, priority level, and funding opportunities. ACTION PLAN COMPONENTS Vision: Forward looking, describes an ideal state for the community, inspirational and aspirational. Policies: Set of guidelines that determine a course of action Action: Accomplishment of something that occurs over a period of time OUR VISION East Bay Township will continue to be a vital part of the greater Grand Traverse community. The NATURAL Township will retain significant areas of attractive FEATURES FORM natural features that are protected, yet enjoyed A FOUNDATIONAL in a sustainable manner by residents and visitors. IDENTITY FOR EAST Inland lakes, the East Bay shoreline, streams BAY TOWNSHIP and tributaries, and sensitive wetlands will be RESIDENTS. protected and enhanced through low impact development practices and natural features preservation. The neighborhoods of the Township will include a diverse range of attractive housing options to serve the needs of the entire spectrum of current and future Township residents. They will offer high quality public utilities and services and will be connected through a range of transportation options. Commercial and industrial development will support a growing workforce in the Township as well as support tourism in the region. The land uses in the community will be arranged in keeping with this vision, encouraging more intense and diverse land uses in the northern portions of the Township with less intense or intrusive uses and activities in the southern two-thirds of the Township. East Bay Charter Township Master Plan 112 �CHAPTER 11 | ACTION & IMPLEMENTATION NATURAL RESOURCES POLICY: The natural features that define the character of the Township are of vital importance; and protection of these features is central to decision-making. Land use policies and development decisions will be driven by the commitment to preserving and enhancing sensitive natural areas and open space. Actions: ■ Conduct a tree inventory to track what exists and develop benchmarks for preserving and enhancing the tree canopy, particularly along the U.S. 31 corridor, Hammond corridor, and Lakes Area. ■ Update the landscaping standards in the zoning ordinance to protect and enhance the tree canopy, protect large heritage trees, and ensure vegetative buffers separate land uses. ■ Update and amend the Forest Lakes Overlay District ordinance clarify standards, definitions, and enhance desired protections in the 50-foot setback area. ■ Preserve clean drinking water by adopting a wellhead protection overlay district to protect the Township’s drinking water supply. ■ Conduct regular mailings to groups including lake associations, new property owners, realtors, contractors, and landscapers about the Forest Lakes Overlay District rules and regulations. ■ Explore adoption of a wetland ordinance to protect wetlands that are not otherwise protected by the State; provisions could include site plan requirements, setbacks, buffers, and protection of wetlands less than five acres in size ■ Enhance consistency and predictability of enforcement of existing ordinances to protect natural resources, particularly in the Lakes Area. ■ Work with partners and lakes associations to explore tools to combat invasive species in the Lakes Area and throughout the Township. ■ Enact an ordinance for septic inspections at certain frequency or at time of sale to protect water quality. HOUSING & NEIGHBORHOODS POLICY: Housing options are increasingly at the forefront of community conversations about issues ranging from social equity to economic development, employee retention, and school enrollment. East Bay Township is a community that is welcoming to all households and will seek to support a range of housing solutions. Action: ■ Increase supply of affordable high quality rentals through zoning and other development incentives. 113� East Bay Charter Township Master Plan �CHAPTER 11 | ACTION & IMPLEMENTATION ■ Update zoning to allow smaller housing units and more flexibility of housing styles to meet the changing market demand for housing. ■ Continue to invest in neighborhood parks and amenities through grants and other funding mechanisms and require pocket parks as a part of new developments. ■ Support zoning and other policies that facilitate childcare facilities in the Township. ■ Evaluate enacting a cap for short-term rental licenses as a way to balance the long-term housing supply and support workforce housing. ■ Update Township zoning standards to encourage infill and mixed housing developments in areas near commercial and employment centers with access to transportation options. ■ Explore opportunities for senior housing to meet the needs of aging residents and allow for aging in place. COMMUNITY FACILITIES POLICY #1: The Township will seek to support and expand efficient, reliable and economical public infrastructure, recognizing that sound transportation and East Bay Charter Township Master Plan Pine Grove Park in the Pine Grove Neighborhood of East Bay Township. 114 �CHAPTER 11 | ACTION & IMPLEMENTATION utility policies and investments support economic development and other Township priorities. Actions ■ Update the capital improvements program for the Township to include detailed cost estimates and time-frames for water, sanitary sewer, stormwater, and road improvements. ■ Work to offer broadband, wifi and fiber optics throughout the Township to support remote workers and economic development. ■ Review Township water and sewer ordinances and make adjustments to support private investment in priority growth areas of the Township. COMMUNITY FACILITIES POLICY #2: Seek non-motorized connections and support multimodal transportation investments Actions ■ Actively work to implement the Safe Routes to School routes and the Three Mile Trail expansion preferred alignment. ■ Evaluate models for long-term maintenance of non-motorized facilities. ■ Update zoning standards to require sidewalks with new development. ■ Work closely with MDOT to identify locations for mid-block crossing on U.S. 31. ■ Explore funding opportunities to support electric car charging stations and identify appropriate locations. ■ Work with BATA to support transit route and service expansion with new residential developments. ■ Implement the non-motorized plan map found in Chapter 9 of this plan. ECONOMIC DEVELOPMENT POLICY #1: Support existing businesses and create a climate for future business investment and expansion in East Bay Township. Evaluate areas for future commercial and industrial expansion. Actions: ■ Work to develop East Bay Corners as a mixed use, multimodal center through public investment and private partnerships. ■ Evaluate locations for a new industrial park or other light industrial sites with readily available utilities and infrastructure. ■ Partner with Traverse Connect, Venture North, or other local economic development groups to support proactive business recruitment. ■ Communicate with business owners about technical assistance and grant funding opportunities to support business development. 115� East Bay Charter Township Master Plan �CHAPTER 11 | ACTION & IMPLEMENTATION ■ Given the shift to remote work, track commercial demand for office uses and evaluate if other zoning would be more appropriate for future commercial expansion in the Township. ECONOMIC DEVELOPMENT POLICY #2: Support economic development on the U.S. 31 Corridor Actions ■ Reduce commercial vacancies along U.S. 31 by obtaining RRC certification and working with MEDC to market priority redevelopment sites. ■ Seek funding to facilitate a business engagement and community design process that will enhance placemaking on U.S. 31 by burying power lines, installing Beach District signage, pedestrian crosswalks, building design standards, and decorative pedestrian scale lighting. ■ Explore opportunities to enhance public access to the waterfront, including land acquisition, partnerships, and improvements at existing access points. ■ Explore creation of a Corridor Improvement Authority to help fund improvements along the U.S. 31 corridor. FARMLAND & AGRICULTURE PRESERVATION POLICY: Shifts in demographics and the agricultural marketplace have resulted in a decline in farming in the Township. East Bay will seek to support new and innovative agricultural enterprises to support the local agricultural economy, farmers, and to help preserve rural character. Actions ■ Work with landowners to identify local measures that may be implemented to encourage and support economically viable agriculture, including timber, in the Township. ■ Update the zoning ordinance to support value added agricultural enterprises and operations. GOVERNANCE & REGIONAL COOPERATION POLICY: East Bay Charter Township will continue to play an important role in the careful governance of the broader Grand Traverse region, in cooperation with other neighboring communities while seeking to be open, communicative, and transparent with residents. Actions ■ Foster a culture of civic ownership and encourage a diversity of residents to join boards and commissions. ■ Improve and expand proactive communication with residents, businesses, and other stakeholders through social media, direct email messaging, and other means. East Bay Charter Township Master Plan 116 �CHAPTER 11 | ACTION & IMPLEMENTATION Table 21. Natural Resources Action Plan Policy Actions The natural features that define the character of the Township are of vital importance; and protection of these features is central to decision-making. Land use policies and development decisions will be driven by the commitment to preserving and enhancing sensitive natural areas and open space. Conduct a tree inventory to track what we have and 2 develop benchmarks for preserving and enhancing the tree canopy, particularly along the U.S. 31 corridor, Hammond corridor, and Lakes Area. Priority Time 1-3 years Staff, grant Responsibility Update the landscaping standards in the zoning ordinance to protect and enhance the tree canopy, protect large heritage trees, and ensure vegetative buffers separate land uses. 1 <1 year Staff, PC, grant Update and amend the Forest Lakes Overlay District ordinance clarify standards, definitions, and enhance desired protections in the 50-foot setback area. 1 <1 year Township – general fund, Lake Associations Preserve clean drinking water by adopting a wellhead protection overlay district to protect the Township’s drinking water supply. 2 1-3 years Township Engineer/P&Z department Conduct regular mailings to groups including lake associations, new property owners, realtors, contractors, and landscapers about the Forest Lakes Overlay District rules and regulations. 3 1-3 years Township – general fund Explore adoption of a wetland ordinance to protect 2 wetlands that are not otherwise protected by the State; provisions could include site plan requirements, setbacks, buffers, and protection of wetlands less than five acres in size. 4-6 years Partnership with watershed center Enhance consistency and predictability of enforcement of existing ordinances to protect natural resources, particularly in the Lakes Area. 1 1-3 years Township general fund Work with partners and lakes associations to explore tools to combat invasive species in the Lakes Area and throughout the Township. 2 4-6 years HOA – special assessment districts, staff, invasive species network Enact an ordinance for septic inspections at certain frequency or at time of sale to protect water quality. 1 1-3 years Health Department, staff, lake associations Table 22. Housing & Neighborhoods Action Plan Policy Actions Priority Time Responsibility Housing options are increasingly at the forefront of community conversations about issues ranging from social equity to economic development, employee retention, and school enrollment. East Bay Township is a community that is welcoming to all households and will seek to support a range of housing solutions. Increase supply of affordable high quality rentals through zoning and other development incentives. 2 1-3 years Township General Fund Update zoning to allow smaller housing units and more flexibility of housing styles to meet the changing market demand for housing. 2 <1 year Township General Fund Continue to invest in neighborhood parks and amenities through grants and other funding mechanisms and require pocket parks as a part of new developments. 2 4-6 years Pks & Zoning grant Support zoning and other policies that facilitate childcare facilities in the Township. 2 1-3 years Township General Fund Evaluate enacting a cap for short term rental licenses as a way to balance the long-term housing supply and support workforce housing 1 <1 year Township – ensure STR program pays for itself Update Township zoning standards to encourage infill and mixed housing developments in areas near commercial and employment centers with access to transportation options. 2 1-3 years Planning grant Explore opportunities for senior housing to meet the needs of aging residents and allow for aging in place. 3 1-3 years Developers 117� East Bay Charter Township Master Plan �CHAPTER 11 | ACTION & IMPLEMENTATION Table 23. Community Facilities Action Plan Policy Actions The Township will seek to support and expand efficient, reliable and economical public infrastructure, recognizing that sound transportation and utility policies and investments support economic development and other Township priorities. Update the capital improvements program for the 1 Township to include detailed cost estimates and timeframes for water, sanitary sewer, stormwater, and road improvements. 1-3 years Township staff, planning commission, Board of Trustees Work to offer broadband, wifi and fiber optics throughout the Township to support remote workers and economic development. 2 1-3 years Private market will provide Review Township water and sewer ordinances and make adjustments to support private investment in priority growth areas of the Township. 2 1-3 years Currently underway Explore options for reducing pressure on the U.S. 31 corridor by extending South Airport through to Five Mile Road and/or looking at a limited access roadway along the exiting TART/rail corridor. 2 4-6 years GTCRC responsibility Evaluate models for long-term maintenance of nonmotorized facilities. 2 1-3 years Partnership – Rotary, County, TART Update zoning standards to require sidewalks with new development. 1 <1 year Township Work closely with MDOT to identify locations for midblock crossing on U.S. 31. 1 <1 year MDOT responsibility, currently underway Explore funding opportunities to support electric car charging stations and identify appropriate locations. 4 4-6 years MDOT/GTCRC grants Work with BATA to support transit route and service expansion with new residential developments. 2 1-3 years BATA, staff, Developer incorporates into developments Implement the non-motorized plan map found in Chapter 9 of this plan. 1 4-6 years Township, Private Developers Seek non-motorized connections and support multimodal transportation investments Priority Time Responsibility Table 24. Economic Development Action Plan Policy Actions Priority Time Responsibility Support existing businesses and create a climate for future business investment and expansion in East Bay Township. Evaluate areas for future commercial and industrial expansion. Work to develop East Bay Corners as a mixed use, multimodal center through public investment and private partnerships. 2 1-3 years Township and developers Evaluate locations for a new industrial park or other light industrial sites with readily available utilities and infrastructure. 3 1-3 years Economic development partner Partner with Traverse Connect, Venture North, or other local economic development groups to support proactive business recruitment. 2 <1 year County/Township Communicate with business owners about technical assistance and grant funding opportunities to support business development. 2 1-3 years Economic development partner Given the shift to remote work, track commercial demand for office uses and evaluate if other zoning would be more appropriate for future commercial expansion in the Township. 3 1-3 years Economic development partner Reduce commercial vacancies along U.S. 31 by obtaining RRC certification and working with MEDC to market priority redevelopment sites. 2 <1 year Township, MEDC Seek funding to facilitate a business engagement and community design process that will enhance placemaking on U.S. 31 by burying power lines, installing Beach District signage, pedestrian crosswalks, building design standards, and decorative pedestrian scale lighting. 1 4-6 years Township and local businesses, MDOT, utility companies, grant funding (MDARD) Explore opportunities to enhance public access to the waterfront, including land acquisition, partnerships, and improvements at existing access points. 2 1-3 years GTCRC Explore creation of a Corridor Improvement Authority to help fund improvements along the U.S. 31 corridor. 3 4-6 years Rotary/Tourism grant Support economic development on the U.S. 31 Corridor East Bay Charter Township Master Plan 118 �CHAPTER 11 | ACTION & IMPLEMENTATION Table 25. Farmland & Agriculture Preservation Action Plan Policy Actions Priority Time Responsibility Shifts in demographics and the agricultural marketplace have resulted in a decline in farming in the Township. East Bay will seek to support new and innovative agricultural enterprises to support the local agricultural economy, farmers, and to help preserve rural character. Work with landowners to identify local measures that may be implemented to encourage and support economically viable agriculture, including timber, in the Township. 2 4-6 years P&Z staff Update the zoning ordinance to support value added agricultural enterprises and operations. 2 1-3 years P&Z staff, MSUE Cultivating Local Farm Economies Training Table 26. Governance & Regional Cooperation Action Plan Policy Actions Priority Time Responsibility East Bay Charter Township will continue to play an important role in the careful governance of the broader Grand Traverse region, in cooperation with other neighboring communities while seeking to be open, communicative, and transparent with residents. Foster a culture of civic ownership and encourage a diversity of residents to join boards and commissions. 1 <1 year Township staff Improve and expand proactive communication with residents, businesses, and other stakeholders through social media, direct email messaging, and other means. 1 <1 year Township staff Meet on a regular basis with neighboring communities and the County to identify challenges that are common to multiple jurisdictions and evaluate and adopt joint responses where appropriate. 2 <1 year Begin Planner and ZA luncheons 119� East Bay Charter Township Master Plan �CHAPTER 11 | ACTION & IMPLEMENTATION East Bay Charter Township Master Plan 120 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context East-Bay-Charter-Twp_Master-Plan_2023 Creator An entity primarily responsible for making the resource Planning Commission, East Bay Charter Township, Grand Traverse County, Michigan Date A point or period of time associated with an event in the lifecycle of the resource 2023-01-03 Title A name given to the resource East Bay Charter Township Master Plan Description An account of the resource The East Bay Charter Township Master Plan was prepared by the East Bay Charter Township Planning Commission with assistance from the Land Information Access Association and was approved on January 3, 2023. Contributor An entity responsible for making contributions to the resource Land Information Access Association (consultant) Subject The topic of the resource Master plan reports East Bay Charter Township (Mich.) Grand Traverse County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/0333e524150256c79df2887f41b75147.pdf 41928962813aafc2456a09146af188ad PDF Text Text US 31 Acme Twp Par s ons US 31 --- -----~ Traverse City I 5 Mile I I I I ! I I I I I I I I Townline 3 Mile ~~~- I ~ Prouty Vanderlip 2 ~ I I High Lake Carlisle pl y Hobbs Rasho Garfield Twp Su p White Water Twp 4 Mile _J Potter ·,.,■-■-• ,-• G ar fie I I Hammond 1 I II Chandler Lake High Lake ld Spider Lake Eikey Bass Lake s Ho bb Arbutus Lake ak e utus L Salon Union Twp ts Sleigh rb East A Blair Twp Rennie Lake nc h Ra Ru f dol River I I I East Bay Charter Township Gran d Tra ve rse Co u nt y, Mi ch ig a n Zoning Effective: May 22, 2003 as amended through December 31, 2019 _[IIJ__ Paradise Twp Legend Mitchell and Baker Creek Overlay District Cl C3 100' Stream Buffer AG, Agricultural RR, Rural Residential LDR, Low Density Residential - MDR, Moderate Density Residential HDR, High Density Residential ! ! ! ! ! ! ! ! ! MHC, High Density Residential & Manufactured Housing ! ! ! ! --! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 0 LA, Lakes Area NA, Natural Area BR, Boardman River -- Conditional Rezoning: 1. Ord. #1-19, PPN 03-230-005-00 from IND to HDR 2. Ord. #3-18, PPN 03-220-039-00 & PPN 03-220-035-00 from MDR to MHC EBC, East Bay Corners LB, Local Business PO, Professional Office RB, Regional Business AS, Airport Services IND, Industrial 1 inch = 5,000 feet 0 µ 1,250 2,500 5,000 Feet williams&works eng ineers I surveyors I p lanners � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context East-Bay-Charter-Twp_Zoning-Map_2019 Creator An entity primarily responsible for making the resource Williams & Works Date A point or period of time associated with an event in the lifecycle of the resource 2019-12-31 Title A name given to the resource East Bay Charter Township Zoning Map Description An account of the resource The East Bay Charter Township Zoning Map was prepared by Williams & Works and was originally effective in May 2003. It was amended through December 31, 2019. Subject The topic of the resource Zoning--Michigan Zoning--Maps East Bay Charter Township (Mich.) Grand Traverse County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/872f9918e82bd72b998e82bf2e428b62.pdf a9c1305788a93f76b9179f1e2bfad135 PDF Text Text EAST BAY CHARTER TOWNSHIP Zoning Ordinance OFFICE OF PLANNING AND ZONING 1965 N. THREE MILE ROAD TRAVERSE CITY, MI 49696 Effective Date: May 22, 2003 Amended Through: May 23, 2022 �EAST BAY TOWNSHIP GRAND TRAVERSE COUNTY, MICHIGAN ZONING ORDINANCE Adopted April 14, 2003 Publication Date: May 22, 2003 Effective Date: May 22, 2003 Includes amendments adopted through May 23, 2022 East Bay Township Offices Office of Planning and Zoning i �TABLE OF CONTENTS SUBJECT Page No. ARTICLE I Preamble I-1 100 101 Short Title Purpose I-1 I-1 General Provisions II-1 Scope Nonconformance Repair, Improvement, and Completion of Nonconforming Structure Restoration and Use of Damaged Nonconforming Structures Essential Service Facilities Accessory Buildings Temporary Dwellings Manufactured Housing Manufactured Housing Communities Short Term Rentals Outdoor Lighting Requirements Sanitary Standards Prohibited Uses Airport Hazard Zone Storm Water Detention Signs Dumpsters Enclosures Home Occupations Protection of Fire Hydrants Mitchell and Baker Creeks Overlay District Standards Groundwater Protection Standards Accessory Uses Condominium Subdivisions Private Road Standards Access Control Measures Open Space Preservation Residential Cluster Subdivisions Traffic Impact Study Access to Platted and Condominium Subdivisions and Multi-family Developments Landscaping and Buffering Setback Standards in Multiple Unit Developments Forest Lakes Overlay District Medical Marihuana Primary Caregiver Facility Keeping of Chickens II-1 II-1 II-1 ARTICLE II 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 ii II-1 II-2 II-3 II-5 II-5 II-5 II-6 II-6 II-7 II-8 II-8 II-8 II-8 II-19 II-19 II-20 II-20 II-24 II-25 II-26 II-29 II-33 II-35 II-37 II-39 II-43 II-46 II-46 II-53 II-55 �234 235 236 237 ARTICLE III 300 301 302 303 ARTICLE IV 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416-420 421 422 423 424-499 ARTICLE V 500 501 502 503 504 505 Bed and Breakfast Accessory Dwelling Unit Mobile Food Vehicle and Courts Zoning Lots or Parcels II-55 II-57 II-58 II-60 Zoning Districts and Map III-1 Division into Districts Zoning Map Descriptions of Zoning Districts Copy of Zoning Map Land Use Table III-1 III-1 III-1 III-2 III-3 District Standards IV-1 Residential District Uses Low Density Residential District, LDR Moderate Density Residential District, MDR High Density Residential District, HDR Rural Residential District, RR Lakes Area District, LA Boardman River District, BR Natural Area District, NA Manufactured Housing Community District, MHC East Bay Corners, EBC Commercial District Uses Local Business District, LB Regional Business District, RB Professional Office District, PO Airport Services District, AS Industrial District, IND Reserved for Future Use Agricultural-Rural District, AG Reserved for Future Use Pocket Neighborhood Residential District, PNR Reserved for Future Use IV-2 IV-2 IV-7 IV-11 IV-15 IV-20 IV-27 IV-32 IV-37 IV-41 IV-50 IV-50 IV-55 IV-63 IV-67 IV-73 IV-78 IV-80 IV-83 IV-85 IV-84 Dimensional Requirements V-1 Yard Requirements Table Building Projections Accessory Buildings Front Yards Exceptions Table Number 1 - Yard Setbacks and Structure Heights Table Number 2 – Minimum Dwelling Unit Standards Table Number 3 – Maximum Density and Lot Dimensions V-1 V-1 V-2 V-3 V-3 V-4 V-6 V-8 iii �ARTICLE VI 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624-625 626 627 628 629 630 631 632 633 634 635 636 637 638 639-642 643 644 645 646 Specific Standards and Requirements for Special Land UsesVI-1 Special Land Uses VI-1 Special Land Use Procedures VI-1 Special Land Use Review Standards VI-4 Accessory Buildings with Floor Area Greater than the Principal VI-5 Structure Agricultural Service Establishment VI-6 Airport VI-6 Billboards VI-7 Boat, Motor Sales and Repair VI-9 Business, Adult VI-10 Cemeteries VI-15 Car Wash VI-15 Churches (See Places of Public Assembly) VI-15 Civic Club (See Places of Public Assembly) VI-15 Commercial Establishment with Drive-Through Facilities VI-16 Construction Equipment Sales and Service VI-16 Day Care, Group Facilities Accommodating Seven (7) to VI-17 Twelve (12) Children Day Care Center or Child Care Center VI-18 Dwelling, Multiple-Family VI-19 Education Facilities VI-20 Gravel Pits and Other Mineral Extraction VI-20 Dwelling, Single-Family Detached VI-23 Foster Care, Adult VI-23 Fitness Centers VI-24 Building Footprint Exceptions VI-25 Reserved Laundry and Dry Cleaning Establishment VI-26 Major Essential Service Facility VI-27 Reserved VI-28 Mini-Warehouse, Self Storage 8,000 sq. ft. or Less VI-28 Mini-Warehouse, Self Storage Greater than 8,000 sq. ft. in VI-29 Mortuary, Funeral Parlor VI-29 Neighborhood Local Business VI-31 Personal Wireless Communication Facilities VI-32 Reserved VI-41 Places of Public Assembly (Large and Small) VI-41 Planned Unit Development VI-42 Vehicle Repair Facilities VI-51 Limited Retail Sales VI-51 Reserved VI-52 Two-Family Dwellings VI-52 Township Uses VI-53 Camps and Campgrounds VI-53 Bungalow Courts and Cottage Clusters VI-54 iv �ARTICLE VII 700 701 702 703 704 ARTICLE VIII 800 801 802 803 804 805 806 807 808 809 810–819 820 821–829 830 831 ARTICLE IX 900 901 902 ARTICLE X 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 Off-Street Parking & Loading Regulations VII-1 Requirements Definitions Parking Space Requirements Off-Street Parking Site Development Requirements Off Street Loading and Unloading Requirements VII-1 VII-1 VII-2 VII-4 VII-5 Administration VIII-1 Zoning Administrator Eligibility Duties and Limitations of the Zoning Administrator Land Use Permits Distribution of Land Use Permits Denial of Permit Fees Compensation Appearance Tickets Planning Commission Reserved Site Plan Review Reserved Performance Guarantee Requirements Hearing Notice Procedures VIII-1 VIII-1 VIII-1 VIII-2 VIII-3 VIII-3 VIII-4 VIII-5 VIII-5 VIII-5 VIII-8 VIII-8 VIII-14 VIII-14 VIII-17 Nuisance Per Se: Enforcement IX-1 Nuisance Per Se Penalties Civil Fines for Municipal Infractions IX-1 IX-1 IX-1 Zoning Board of Appeals X-1 Establishment Membership, Terms of Office Meetings and Powers Duties, Rules, Hearing and Decisions of Appeals, Right to and Grounds of Appeal Time to and Notice of Appeal: Transmission of Record Stay of Proceedings Pending Appeal Hearings and Notices; Right to be Heard; Disposition of Appeals; Decision Not Final Duties and Powers Essential Services Performance Guarantee for Compliance X-1 X-1 X-1 X-2 v X-2 X-2 X-2 X-3 X-6 X-6 �ARTICLE XI 1100 Amendments XI-1 Procedure on Amendments XI-1 ARTICLE XII Reserved ARTICLE XIII Validity XIII-1 Validity XIII-1 Definitions XIV-1 1300 ARTICLE XIV 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 Rules Applying to the Text Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Reserved Y Z Reserved XIV-1 XIV-1 XIV-1 XIV-5 XIV-6 XIV-8 XIV-9 XIV-10 XIV-12 XIV-12 XIV-13 XIV-13 XIV-13 XIV-13 XIV-15 XIV-16 XIV-17 XIV-17 XIV-19 XIV-19 XIV-21 XIV-24 XIV-25 XIV-25 XIV-25 XIV-26 XIV-26 XIV-26 ARTICLE XV Effective Date XV-1 ARTICLE XVI Repeal of Prior Ordinances XVI-1 Repealer XVI-1 1600 vi �EAST BAY TOWNSHIP ZONING ORDINANCE The Charter Township of East Bay Ordains: EAST BAY TOWNSHIP ZONING ORDINANCE An ordinance to establish zoning districts and regulations governing the unincorporated portions of the Township of East Bay, County of Grand Traverse and State of Michigan in accordance with the provisions of Act 110 of the Public Acts of 2006 as amended; to define certain terms used herein; to provide for regulations governing nonconforming uses and structures; to establish a Zoning Board of Appeals and define its duties and powers; to provide for the administration and enforcement of this Ordinance and to provide penalties for the violation of this Ordinance. (Revised 4/6/07) ARTICLE I PREAMBLE SECTION 100 SHORT TITLE This Ordinance shall be known as the "East Bay Township Zoning Ordinance" and will be referred to herein as "this Ordinance." SECTION 101 PURPOSE The fundamental purpose of this Ordinance is to promote the public health, safety, morals, and general welfare; to encourage the use of lands and natural resources in accordance with their character and adaptability; to limit the improper use of land; to provide for the orderly development of the Township; to reduce hazard to life and property; to establish the location and size of, and the specific uses for which structures may hereafter be erected or altered, and the minimum open spaces, sanitary, safety and protective measures that shall be required for such structures; to lessen congestion on the public roads and streets; to provide safety in traffic and vehicular parking; to facilitate the development of an adequate water supply and other public requirements; to conserve life, property and natural resources, and the expenditure of funds for public improvements and services; to conform with the most advantageous uses of land, resources and properties. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE I-1 ARTICLE I PREAMBLE �ARTICLE II GENERAL PROVISIONS SECTION 200 SCOPE The use of all land and structures and the construction, reconstruction, alteration, repair and moving of all structures within this Township shall conform with all applicable provisions of this Ordinance unless the nonconformance is a matter of record on the effective date of this Ordinance. SECTION 201 NONCONFORMANCE Any lawful use of land or structures existing at the effective date of this Ordinance may be continued, even though such use does not conform to the provisions hereof, but no such use shall be enlarged or extended except as provided herein. The extension of a nonconforming use throughout a structure existing at the effective date of this Ordinance may be permitted by the Zoning Board of Appeals as provided in Article X. A lawful nonconforming use may, with the approval of the Zoning Board of Appeals, be changed to a less objectionable or more restricted nonconforming use as provided in Article X. If the nonconforming use of any land or structure is discontinued for a continuous period of 365 days, no further nonconforming use shall be allowed. This section shall not be interpreted to require the moving of a building to comply with yard requirements. Any nonconforming use or uses of the land or structures discontinued or abandoned in part or entirely for more than 365 days shall be considered discontinued. Further, resumption of a discontinued use shall be considered an extension or enlargement, which shall require approval from the Zoning Board of Appeals. For the purposes of this paragraph, the term "discontinued" shall mean "abandoned". Also, that the act of discontinuing a use in whole or in part shall mean that there must be a clear act of intent or omission on the part of the owner, which clearly shows a voluntary decision to abandon. SECTION 202 REPAIR, IMPROVEMENT, AND COMPLETION OF NONCONFORMING STRUCTURES Nonconforming structures may be repaired or improved. Nothing in this Ordinance shall require any change in the erection or use of a building, the construction of which shall have been diligently prosecuted preceding the effective date of this Ordinance. SECTION 203 RESTORATION AND USE OF DAMAGED NONCONFORMING BUILDINGS Nothing in this Ordinance shall prevent the reconstruction or repair and resumption of use of a nonconforming building damaged by fire, collapse, explosion, acts of God or of the public enemy. The reconstruction or repair shall be completed within 275 days following the issuance of a permit for the work. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-1 ARTICLE II GENERAL PROVISIONS �SECTION 204 ESSENTIAL SERVICE FACILITIES (Revised 6/8/09) 1. INTENT: It is the intent of this Zoning Ordinance to permit routine essential service facilities in any zoning district because routine essential service facilities are likely to have a minimal adverse impact on surrounding properties. Major Essential Service Facilities are those utility-type public service facilities which, because of their size or nature, are more likely to have an adverse impact on surrounding properties. Depending on their size, nature, and potential adverse impact on surrounding properties, Major Essential Service Facilities may be allowed in any zoning district, except the Boardman River District and the Forest Lakes Overlay as defined in Section 231, and subject to the provisions of this Ordinance. All Major Essential Services Facilities shall be subject to site plan and Special Land Use review in accordance with Article VI of this Ordinance. 2. RELATIONSHIP TO FRANCHISE: Essential services shall be permitted as authorized under any franchise in effect within the Township, subject to regulation as provided in any law of the State of Michigan, or in any ordinance of the Township. It is the intent of this section to ensure conformity of all structures and uses to the requirements of this Zoning Ordinance, wherever such conformity shall not conflict with the specific requirements of such franchise, state legislation, or Township Ordinance. In the absence of any conflict, the Zoning Ordinance shall prevail. 3. ROUTINE ESSESNTIAL SERVICES FACILITIES: The following are considered routine essential service facilities and are permitted in all zoning districts: a. Underground utility facilities such as water mains, sewer mains and lift stations, electrical, gas, telephone, and cable television and broadband distribution lines and transformers, switches, utility boxes and other equipment associated with the services provided that are designed to serve primarily East Bay Township and any adjacent community, subject to any franchise agreement with the Township. b. Above ground utility facilities and equipment buildings or cabinets that occupy no more than 200 square feet and are no more than twelve (12) feet in height. c. Overhead pole-mounted electrical, telephone, cable television and broadband distribution lines and transformers, switches, utility boxes and other equipment associated with the services provided designed to primarily serve East Bay Township and any adjacent community, subject to any franchise agreement with the Township, and providing the height above grade of such facilities does not exceed fifty (50) feet. With new developments, utility easements will be approved as part of a subdivision plat, condominium, or site plan. d. Any other facilities similar in scale and scope to the above, as determined by the Zoning Administrator, shall be considered routine essential service facilities. e. Essential Service Facilities other than those described in subparagraphs a through d of this section shall be considered Major Essential Service Facilities, subject to the provisions of Section 628. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-2 ARTICLE II GENERAL PROVISIONS �4. ROUTINE ESSENTIAL SERVICE FACILITIES REVIEW AND APPROVAL: Installation of new Routine Essential Service Facilities shall be subject to review and approval of the Zoning Administrator and issuance of a Land Use Permit pursuant to Section 803. Replacement facilities and regular maintenance shall not require issuance of a new land use permit. SECTION 205 ACCESSORY BUILDINGS (Revised 1/22/18) 1. All accessory buildings as defined in Article XIV, shall meet the yard, setback and building height requirements of this Zoning Ordinance. 2. An accessory building may not be used for residential purposes, such as sleeping quarters, unless first approved as an accessory dwelling unit by the Zoning Administrator pursuant to the provisions of section 234. 3. Except in the Agriculture (AG) district, an accessory building shall not be constructed prior to the construction of the principal structure. Provided, however, that the Zoning Administrator shall be permitted to issue a temporary use permit for an Accessory Building to be used for up to one (1) year prior to the construction of the principal building. As a condition of issuing a temporary use permit for an accessory building, the Zoning Administrator shall be authorized to require a satisfactory surety in an amount of up to $5,000 to be held by the Township and to be used to remove the accessory building in the event the applicant shall fail to complete the construction of the principal building or to remove the accessory building prior to the expiration of the permit. Such surety shall be in the form of cash, bank check, letter of credit, performance bond or other surety acceptable to the Township Attorney. Upon completion of the construction of the principal building or removal of the accessory building by the applicant in the event the principal building is not constructed, the surety will be returned to the applicant. In the event the surety is employed by the Township to remove the accessory building as set forth herein, any amount remaining after completion of such removal, shall be returned to the applicant along with an accounting of all amounts disbursed. (Revised 1/22/16) 4. If an Accessory Building is attached to a Principal Building by either a common foundation, common wall or common roof element, it shall be deemed to be a part of the Principal Structure and the entire structure shall comply with the terms of this Zoning Ordinance. 5. In residential areas, the storage of not more than one (1) commercial vehicle is permitted in an accessory building. 6. Application procedures and review and approval standards for Accessory Buildings shall be governed in accordance with the following Table: (Revised 1/22/16) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-3 ARTICLE II GENERAL PROVISIONS �ACCESSORY BUILDING REVIEW AND APPROVAL AUTHORITY (*see Notes) Zoning District Parcel Area Minor Accessory Buildings Accessory Building Ground Floor Area Less than or Up to 150% More than equal to of principal 150% of principal bldg. principal bldg. bldg. P.C. Z.A. P.C. Z.A. P.C. Z.A. P.C. Z.A. MHC Less than 40,000 sq. ft. 40,000 + sq. ft. Less than 40,000 sq. ft. 40,000 + sq. ft. Less than 40,000 sq. ft. 40,000 + sq. ft. Less than 40,000 sq. ft. 40,000 + sq. ft. RR 40,000 + sq. ft. N.P. Z.A. Z.A. P.C. LA Less than 40,000 sq. ft. 40,000 + sq. ft. N.P. Z.A. P.C. P.C. BR 40,000 + sq. ft. N.P. Z.A. Z.A. P.C. NA 5 acres N.P. Z.A. Z.A. P.C. EBC 7,200 sq. ft. N.P. Z.A. P.C. P.C. LB Less than 40,000 sq. ft. 40,000 + sq. ft. N.P. Z.A. P.C. Z.A. P.C. RB 20,000 sq. ft. N.P. Z.A. P.C. P.C. PO 20,000 sq. ft. N.P. Z.A. P.C. P.C. IND 40,000 + sq. ft. N.P. Z.A. Z.A. P.C. AG 40,000 + sq. ft. N.P. Z.A. Z.A. P.C. LDR MDR HDR N.P. N.P. N.P. Z.A. P.C. P.C. N.P. Z.A. P.C. P.C. *NOTES: N.P. No permit required. Minor accessory buildings as defined herein shall be allowed without permit, but subject to the requirements of Section 502. Z. A. Review and Approval by Zoning Administrator. Accessory buildings with a ground floor area less than or equal to the ground floor area of the principal building on parcels of less than 40,000 square feet, or up to 150% of the ground floor area of the principal building on parcels of 40,000 square feet or more, shall be permitted by right, subject to approval by the Zoning Administrator in accord with Sections 502 and 803. P.C. In all other situations not addressed above, accessory buildings shall be treated as special land uses, subject to review by the Planning Commission in accord with Section 603. 7. Where the provisions of this Section 205 authorize the Zoning Administrator to review applications for accessory buildings that will exceed the floor area of the principal building, in addition to the requirements of Sections 502 and 803, the Zoning Administrator shall find that the proposed accessory building shall be effectively screened by landscaping and/or native vegetation or isolated by distance such that it shall not be inordinately intrusive on neighboring properties. (Revised 5/5/12) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-4 ARTICLE II GENERAL PROVISIONS �SECTION 206 TEMPORARY DWELLINGS No tent, trailer, camper, motor home or other temporary structure shall be used as a dwelling unit except the following: 1. Temporary structures may be used to house itinerant farm laborers during the normal harvest season. 2. Temporary structures may be used to house campers at an organized recreational camp approved by the Grand Traverse County District Health Department. SECTION 207 MANUFACTURED HOUSING Manufactured Housing shall be used as dwellings only as follows: 1. When located within a mobile home park which complies with this Ordinance and is approved by the Michigan Manufactured Housing Commission. 2. MANUFACTURED HOUSING REGULATIONS: A manufactured home may be permanently located on a lot as a single family dwelling in districts where permitted provided the following qualifying conditions are complied with: a. Each manufactured home shall bear a label required by section 3282.362(c)(2) of the Federal Mobile Home Procedural and Enforcement Regulations. b. Each manufactured home 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 Manufactured Housing Commission. c. Within ten (10) days following installation all towing mechanism shall be removed from each manufactured home. No manufactured home shall have any exposed undercarriage or chassis. d. Each manufactured home shall have a permanent perimeter wall (rather than skirting) of conventional building materials which shall prevent the entrance of rodents, control heat loss and contribute to aesthetic compatibility with surrounding structures. e. Yard, lot area, lot width, minimum living space dimension and minimum gross living area conform to the requirements of Article V and VI. SECTION 208 MANUFACTURED HOUSING COMMUNITIES All manufactured housing communities shall conform with Act 243 of the Public Acts of 1959, as amended, and, in addition, shall conform with the following requirements: 1. MANUFACTURED HOUSING COMMUNITY LOCATION: No community shall be erected less than 300 feet from any dwelling existing at the time the application for a permit is made or from any boundary line of Residential Districts LDR, MDR, HDR. 2. LAND REQUIREMENTS: No community shall be erected on less than ten acres of land or with less than 100 feet of frontage on an abutting highway or with less than 100 feet in width at the setback line. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-5 ARTICLE II GENERAL PROVISIONS �3. SET BACK REQUIREMENTS: A 300 foot setback shall be required from any highway and a 50 foot setback shall be required on all other borders. 4. LOT SIZE: Minimum lot size shall not be less than 50 feet in width when measured perpendicular to side lines and not less than 120 feet in depth when measured perpendicular to the end line. 5. YARD CLEARANCE: Each manufactured home shall be set back at least 25 feet from its front lot line and at least ten feet from its side lot line and at least 15 feet from its rear yard lot line. SECTION 209 SHORT TERM RENTALS (Revised 6/11/2018) It is hereby declared to be a use by right in any zoning district for a dwelling unit to be rented, or allowed to be rented, to another person for less than 30 days at a time, provided the owner of the dwelling unit or the owner’s authorized agent first obtains a license for that dwelling unit under the East Bay Charter Township Short-term Rental Licensing Ordinance. SECTION 210 OUTDOOR LIGHTING REQUIREMENTS 1. INTENT AND PURPOSE: To maintain safe nighttime driver performance on public roadways, by minimizing both brightly lighted surfaces and lighting glare, to preserve the restful quality of nighttime, by eliminating intrusive, artificial light and lighting that unnecessarily contributes to “sky glow”, and to reduce light pollution from lighting luminaries and light trespass onto adjacent properties. The following requirements shall be considered by the Planning Commission and Zoning Administrator in the review of all site plan or plot plans submitted for approval under the terms of this Zoning Ordinance. 2. GENERAL PROVISIONS: a. EXEMPTED AREAS AND TYPES: The following types of outdoor lighting shall not be covered by this Ordinance: 1) Residential decorative lighting such as porch lights, low level lawn lights, and special seasonal light such as for Christmas decorating, and residential yard lights whether building mounted or pole mounted. 2) Sign lighting as regulated by Section 215 -Signs. 3) Lighting associated with detached single family housing. b. REGULATED LIGHTING: The following types of lighting shall be regulated by this Ordinance: 1) Parking lot lighting and site lighting for commercial, industrial and institutional developments. 2) Multiple Family Developments including Grouped Housing parking lot lighting and site lighting. 3) Publicly and privately owned roadway lighting. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-6 ARTICLE II GENERAL PROVISIONS �4) Building facade lighting. 5) Other forms of outdoor lighting which, in the judgment of the Planning Commission is similar in character, luminosity and/or glare to the foregoing. 6) All forms of neon lighting c. STANDARDS: Lighting shall be designed and constructed in such as manner to: 1) Insure that direct or directly reflected light is confined to the development site. 2) Lamps and luminaries shall be shielded, hooded and/or louvered to provide a glare free area beyond the property line and beyond any public right-of-way, or the light source is not directly visible from beyond the boundary of the site. 3) The light from any illuminated source shall be designed so that the light intensity or brightness at any property line shall not exceed one (1) foot candle. 4) Lighting fixtures shall have one hundred percent (100%) cut off above the horizontal plane at the lowest part of the point light source. The light rays may not be emitted by the installed fixture at angles above the horizontal plane (see Figure 2.1). No light fixture shall be mounted higher than twenty (20) feet above the average grade of the site. 5) Outdoor recreation area lighting may use standard color metal halide sources and standard sports lighting fixtures if they are mounted at a sufficient height and properly equipped with baffling, glare guards or lenses to meet the requirements of this section. UNACCEPTABLE ACCEPTABLE 6) There shall be no lighting of a blinking, flashing, or fluttering nature, including changes in light intensity, brightness or color. Beacon and search lights are not permitted. 7) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. Figure 2.1 Lamp and Luminary Illustration SECTION 211 SANITARY STANDARDS All structures and land uses shall comply with the sanitary standards as set by the Grand Traverse County Health Department or the Department of Public Works, as applicable. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-7 ARTICLE II GENERAL PROVISIONS �SECTION 212 PROHIBITED USES 1. SPECIFIC PROVISION FOR USE: No building or structure or part thereof shall be erected, altered, or used, or land used, in whole or in part, for any use in any district which is not specifically permitted in such district by the terms of this Ordinance. 2. OUTDOOR STORAGE: No land in any of the districts shall be used in whole or in part for the storage of unused or discarded equipment or materials, or for the storage of inoperative cars or trucks, or any salvage, waste or junk, in violation of the East Bay Charter Township Ordinance No. 2005-4, Junk Ordinance. (Revised 5/18/10) 3. DUMPING PROHIBITED: No land in any of the districts shall be used in whole or in part for the dumping, filling or disposal of any inert materials, which may include (but not be limited to) trees, brush, stumps, broken concrete, building materials, shingles, treated wood, garbage, or similar materials SECTION 213 AIRPORT HAZARD ZONE Notwithstanding any other provisions this Ordinance, no area of land and/or water or appurtenances thereof shall be so used as to constitute an airport hazard. SECTION 214 STORM WATER DETENTION 1. When any land in the township is developed or altered in any way which affects storm water runoff, the owner shall develop and submit to the Zoning Administrator a plan for detaining storm water runoff onto adjacent properties including roads and other rights-of-way which shall result in the maximum amount of storm water runoff not exceeding that which existed prior to the development or improvement of property. Approval of such plan shall be required by the Zoning Administrator before a land use permit is issued. The Zoning Administrator shall approve the plan if it meets the foregoing criteria. No contemplated development shall take place until such a plan is approved by the Zoning Administrator. No development shall take place except in conformity with an approved plan. 2. Supporting Evidence Required: In all instances in which the Zoning Administrator considers the ability of a proposed use to meet all the requirements of this Section to be reasonably doubtful, it will be incumbent upon the proponent to furnish adequate evidence in support of his application. If such evidence is not presented, the land use permit shall not be issued. 3. Clean Fill Required. It shall be unlawful to import onto a parcel of land in the Township any fill material other than clean sand, gravel or topsoil. SECTION 215 SIGNS (Revised 4/24/11) INTENT AND PURPOSE: Regulation of the location, size, placement, and certain features of signs is necessary to enable the public to locate goods, services, and facilities in the Township of East Bay without difficulty and confusion, to encourage the general EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-8 ARTICLE II GENERAL PROVISIONS �attractiveness of the community, and to protect property values therein. Accordingly, it is the intention of this Ordinance to establish regulations governing the display of signs which will: ♦ Promote and protect the public health, safety, comfort, morals and convenience; ♦ Enhance the economy and the business and industry of the Township by promoting the reasonable, orderly, and effective display of signs, and thereby encourage increased communication with the public; ♦ Restrict signs and lights which overload the public's capacity to receive information or which increase the probability of traffic congestion and accidents by distracting attention or obstructing vision; ♦ Reduce conflict among signs and light and between public and private environmental information systems; ♦ Promote signs which are compatible with their surroundings, are appropriate to the type of activity to which they pertain, and are expressive of the identity of proprietors and other persons displaying signs. 1. PROCEDURES: a. Sign Permit (Land Use Permit) Application. The Planning Commission or the Zoning Administrator may approve sign permit applications pursuant to Section 803 of this ordinance. Where signs are proposed as part of a Site Plan, the Planning Commission or Zoning Administrator shall review the entire Site Plan, including signage, per Section 820. Where proposed signage is not an element of a broader proposed use requiring site plan approval, the Zoning Administrator may waive the submission of certain materials otherwise required for site plan approval, pursuant to Section 820, and final review and approval of the sign permit shall be the responsibility of the Zoning Administrator. b. An illustrated plan shall be provided with a sign permit application. Such plan shall be rendered at a scale determined by the Administrator to be reasonable and shall include the following elements of the proposed or modified signage: 1) Sign type, per the definitions in Section 1420; 2) Dimensional characteristics, such as height, width, vertical clearances, and area; 3) Colors, materials, appearance, and lighting of the signage; 4) Relationship to buildings or structure and location on buildings; 5) Setbacks from buildings, landscaping, driveways, and rights-of-way; and, 6) Locations of any existing signage in the subject development or on the subject parcel. The site plan shall also include proposed and existing signage not requiring a permit. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-9 ARTICLE II GENERAL PROVISIONS �c. Upon receipt of an application, the Zoning Administrator shall review the application for completeness. If the application is complete, it shall be processed. If the application is incomplete, the Zoning Administrator shall advise the applicant of additional elements required for consideration by the Township. d. Within ten (10) business days of receiving a complete application, the Zoning Administrator shall review the application for compliance with this Ordinance. If the application is compliant, the Zoning Administrator shall issue a Land Use Permit to the applicant. If the application is not in compliance, the Zoning Administrator shall advise the applicant and reference the applicant to sections of this Ordinance that need to be addressed. e. The Zoning Administrator shall retain the right to forward any sign permit applications to the Planning Commission for their review and approval. f. Inspection and Compliance. The Zoning Inspector shall inspect each new or modified sign for which a permit is issued to determine whether the sign is in full compliance with the Land Use Permit and this Ordinance. If the construction is not in full compliance with this Ordinance, the Zoning Administrator shall give the applicant notice of the deficiencies and order corrective action. g. Permit Assignment. A sign permit shall be assignable to the successor of a business on the same parcel, except where such assignment would result in a sign that is materially or substantially different in any way to the sign which was permitted, as determined by the Zoning Administrator. 2. GENERAL STANDARDS: a. Computations. The following standards shall be followed to determine the area and height of a sign. 1) The area of a sign face shall be computed as follows (a) For building-mounted signs, the area of the sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the sign face, as defined herein. Provided that the area of supporting framework, bracing, or decorative fence or wall upon which the sign is mounted shall be included in calculating the area of the sign face, if such feature includes any message or announcement.(b) For free-standing signs, the area of the sign face as defined herein shall be added to the area encompassed by the outer perimeter dimension of the sign structure, but excluding the area of the support structure, framework, bracing or other structure, provided such features include no message or announcement. 2) The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point. When two (2) sign faces are placed back-to-back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than twenty-four (24) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-10 ARTICLE II GENERAL PROVISIONS �inches apart at any point, the sign area shall be computed by the measurement of one (1) of the faces. 3) The height of a sign shall be computed as the distance from the grade of the site, as defined herein, to the top of the highest component of the sign. The Zoning Administrator may require a professional survey to make this determination. b. Where any portion of a sign projects over a public or private sidewalk or walkway, the bottommost point of the sign structure shall be at least eight (8) feet above said walkway. c. The allowed area of all signs on a parcel shall be determined in accord with the standards of this Article. d. Where a proposed sign appears to meet the definition of more than one (1) sign, the most restrictive requirements and limitations of the defined sign types shall apply. e. The amount of permitted signage for multiple-occupant buildings may be apportioned to the building occupants, but such building shall not be entitled to more signage than a similar, single-occupant building in the same district. f. Free standing signs may be located within the required front yard, subject to the requirements of this section. 1) Minimum setback for free standing signs provided in this Article shall be measured from the edge of the street; meaning the back of the curb, if present, or the edge of the pavement or travel surface where no curb is present. 2) Regardless of the permitted setback, under no circumstances shall a free standing sign be located within a public right-or-way. 3) The Zoning Administrator may require a greater setback than permitted in this section where necessary to provide clear vision areas for motorists and pedestrians. 3. PROHIBITED SIGNS: The following signs shall not be allowed in any district. a. Off-premise signs as defined herein, except as provided in Subparagraph 215, 4, m, (6), hereof and in Section 607, Billboards. (Revised 12/12/11) b. Signs which are obsolete, that do not relate to existing business or products. c. Signs which are not consistent with the standards in this Ordinance. d. Signs, except official traffic signs, located in, projecting into or overhanging within a public right-of-way or dedicated public easement unless with the express permission of the governmental agency having jurisdiction over such right-of-way or easement. e. Pole signs in excess of twenty (20) feet in height. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-11 ARTICLE II GENERAL PROVISIONS �f. Beacons. g. Signs made of paper, cardboard or similar material affixed to the exterior of any building, other than real estate signs in the RB, LB, PO and IND districts, not to exceed sixteen (16) square feet in sign face advertising the sale or rental of the premises on which the same is located. h. Signs which are illegal under State laws or regulations and applicable local ordinance or regulations. i. Signs that are not clean and in good repair. j. Signs not securely affixed to a supporting structure. k. Signs that are not official traffic signs which appear to or attempt to regulate, warn or direct the movement of traffic which interfere with or resemble any official traffic sign, signal or device. 4. EXEMPT SIGNS: The following signs shall be exempt from the requirements of this Section. a. Any public notice, traffic control or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance. b. Name plates and numbers identifying the occupant and locations of dwelling units, not to exceed two (2) square feet. c. Any sign wholly located within a building and not visible from outside the building. This does not include window signs. d. Holiday lights and decorations with no commercial message. e. Works of art that do not contain a commercial message. f. Traffic control signs, incidental signs, or menu boards on private properties that do not contain a commercial message, including Stop, Yield, One Way, and similar signs. Provided that traffic control signs shall not exceed two (2) square feet in area and menu boards shall not exceed twelve (12) square feet in area. g. Governmental historical designation signs. h. Noncommercial flags up to twenty-four (24) square feet in area. i. Free standing for sale and for rent signs on real property, provided such signs do not exceed thirty-two (32) square feet in area in the IND, AG, PO, LB or RB districts, or six (6) square feet in any other district. j. One sign attached to a building or fence not to exceed two (2) square feet in area displaying such messages as “No Trespassing,” “Beware of Dog,” etc. k. Political election signs with a maximum area of eight (8) square feet, provided such signs shall be temporarily erected not more than four (4) months prior to an election and such signs shall be removed not more than seven (7) days following an election. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-12 ARTICLE II GENERAL PROVISIONS �l. Construction signage identifying a building project including the names of the developer, financier, and the various professionals and contractors involved. Such signage shall be allowed only during the time in which the development is actually under construction and shall not exceed thirty-two (32) square feet in sign face. Such signage shall not be placed closer than four (4) feet from the edge of the right-of-way and shall not exceed ten (10) feet in height. m. Temporary signs, banners and flags shall be allowed under the following conditions: 1) Temporary signs may be in use for one (1) period not to exceed ninety (90) days in any three hundred sixty-five (365) day period, 2) Flags, pennants and banners may be in continuous use for a period not to exceed thirty (30) days in any one hundred twenty (120) day period, 3) All temporary signs shall be securely affixed to permanent structures on the site and shall be located in accordance with the terms of this Section 4) The total combined area of all temporary signs and banners shall not exceed sixteen (16) square feet per street frontage, per use; nor shall more than two (2) temporary signs be permitted per street frontage per use, at any one time. 5) Such signs must be kept in good repair. 6) Off-premise signs temporarily announcing community or charitable events may be placed for periods of not more than ten (10) days prior to the event and shall be removed not more than two (2) days following the event. In all cases, such off-premise signs shall not be placed in the right-of-way and shall not be located so as to obstruct clear vision of drivers or pedestrians. (Revised 12/12/11) 5. SIGNS FOR ACCESSORY USES AND BUILDINGS: Signs advertising accessory uses as regulated by Section 221 of this Zoning Ordinance, or accessory buildings as regulated by Sections 205 or 603, shall meet all requirements of this Section. Provided, however, that such accessory uses or buildings shall not cause an increase in the number of signs or the total permitted signage permitted on any parcel. 6. ILLUMINATION AND SOUND: Illuminated signs and signs which emit sound are permitted only as set forth herein. a. All illumination of signs and any other outdoor features shall not be of a flashing, moving, or intermittent type. For the purposes of this section, illumination shall be considered flashing, moving or intermittent if it changes in intensity, luminosity, color or message, or if the message text or image shifts on the sign face, more frequently than once every thirty (30) seconds. This section shall apply to all illuminated signs, including but not limited to, changeable copy signs, electronic message boards, light emitting diode (LED) or liquid crystal display and other video-type display signs, lighted marquee signs, and any other internally or externally lit signs. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-13 ARTICLE II GENERAL PROVISIONS �b. Illumination of signs shall be directed or shaded so as not to interfere with adjacent highways or adjacent property and shall not exceed either ten (10) foot candles measured four (4) feet perpendicular to any point on the sign face or one-half (1/2) foot candles measured at any property line. c. Any sign or other outdoor advertising which includes loudspeakers or other sound emitting devices shall be designed such that no sound in excess of 40 decibels shall carry beyond the property line on which the sign is located. 7. CONTINUATION of LEGAL NONCONFORMING SIGNS: A legal nonconforming sign may be continued and shall be maintained in good condition, but it shall not be: a. Converted to another nonconforming sign by hanging copy; b. Expanded or altered so as to increase the degree of nonconformity of the sign; c. Re-established after its discontinuance for two hundred and seventy-five (275) days; d. Continued in use after cessation or change of the business or activity to which the sign pertains; or e. Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty percent of the appraised replacement cost, as determined by the Zoning Administrator 8. ERECTION OF NEW SIGNS WHERE LEGAL NONCONFORMING SIGNS EXIST: a. On lots where an existing sign exceeds the sign area allowed by this Section, and in that respect is a legal nonconforming sign, no new sign, either free standing or building mounted sign shall be erected until such existing legal nonconforming sign is brought into compliance with this Section. b. When a use or parcel that includes legal nonconforming signs is subject to Site Plan Review under Section 820, all signs and sign structures shall be brought into compliance with this Section 215 as a condition of site plan approval. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-14 ARTICLE II GENERAL PROVISIONS �9. RESIDENTIAL, AGRICULTURAL AND RURAL DISTRICTS: Unless otherwise regulated pursuant to Article Six of this ordinance, in the LDR, MDR, HDR, MHC, AG, LA, NA, BR and RR, signage shall be permitted, as follows: (Revised 11/20/21) Land Uses Home Occupation Bed & Breakfast Permitted Sign Types Number of Signs Permitted Max. Sign Area Conditions and Standards Building Mounted or Free Standing Day Care, Group 1 4 sq. ft. Adult Foster Care, Group Free standing signs shall not be placed closer than 15 feet from the street, shall not be illuminated and shall not exceed six (6) feet in height. Lodging & Boarding House All other uses permitted in the LDR, MDR, HDR, MHC, AG, LA, NA, BR and RR districts and not otherwise listed in this table Gravel Pit Subdivision, all types Ground 1 Multiple Dwellings Manufactured Housing Community EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-15 24 sq. ft. Ground signs shall not be placed closer than 15 feet from the street, shall not be greater in height than six (6) feet and, if illuminated, lighting be downcast and shielded and restricted to 100 watts from all sources. ARTICLE II GENERAL PROVISIONS �Golf Course, Ground 1 Township Uses 24 square feet Places of Public Assembly Agricultural Service Establishment I AND… I Airport Boat, Motor Sales & Repair (LA district only) Building Mounted 1 Ground signs shall not be placed closer than 15 feet from the street, shall not be greater in height than six (6) feet and, if illuminated, wall and ground sign lighting shall comply with subparagraphs 7, a and b, of this section. 16 sq. ft. Camps & Campgrounds Cemeteries Civic Clubs Day Care Center Education Facilities Adult Foster Care, Commercial Mini-Warehouse Neighborhood Local Business (LA District only) Nursing Home Public Parks Grouped resident nameplates in Lakes Area (LA) only 10. Pole Sign 1 1½ sq. ft. Such sign shall be nonper illuminated, located only at nameplate the intersection of a private and public roads and on private property. COMMERCIAL AND OFFICE DISTRICTS: Unless otherwise regulated pursuant to EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-16 ARTICLE II GENERAL PROVISIONS �Article Six of this ordinance, in the LB, EBC, RB, and PO districts, signs shall be permitted and/or meet the following conditions. (Revised 1/27/14) Land Uses Permitted Sign Types Number Max. Sign of Signs Area Permitted Conditions and Standards Ground signs shall not be placed closer than 15 feet from the street, shall not be greater in height than six (6) feet and, if illuminated, lighting be downcast and shielded and restricted to 100 watts from all sources. Subdivision, all types Ground 1 24 Square feet All uses permitted in the LB, RB, and PO districts and not otherwise listed in this table and properties in the EBC district with at least 100 feet of frontage on Hammond or Three Mile Roads. Free Standing, Pole or Ground Sign 1 120 square feet Pole and ground signs shall not be placed closer than 10 feet from the street, shall not be located in the side yard setback extended to the street and shall not exceed twenty (20) feet in height. All uses permitted in the EBC district and not otherwise listed in this table Free standing Ground Sign, pole signs shall be prohibited 40 square feet Ground signs shall not be placed closer than 10 feet from the street, shall not be located in the side yard setback extended to the street and shall not exceed eight (8) feet in height. 1 AND… All uses permitted in the LB, RB, EBC and PO districts not otherwise listed in this table EAST BAY TOWNSHIP ZONING ORDINANCE Building Mounted No limit on number of building mounted signs, other than maximum area ARTICLE II-17 Lesser of 20% of the area of the wall it is mounted on or 100 square feet for all wall signs ARTICLE II GENERAL PROVISIONS �11. INDUSTRIAL DISTRICT (IND): Unless otherwise regulated pursuant to Article Six of this ordinance, in the IND district, signs shall be permitted and/or meet the following conditions: Land Uses Permitted Sign Types Subdivision, all types Ground 1 50 Square Ground signs shall not be feet placed closer than 15 feet from the street, shall not be greater in height than six (6) feet and, if illuminated, lighting shall comply with subparagraphs 7, a and b, of this section. All uses permitted in the IND district and not otherwise listed in this table Free Standing Sign 1 40 square feet I Building Mounted Sign EAST BAY TOWNSHIP ZONING ORDINANCE Number Max. Sign of Signs Area Permitted AND… 1 ARTICLE II-18 I Lesser of 20% of the area of the wall it is mounted on or 80 square feet for all wall signs Conditions and Standards Ground signs or Pole signs shall not be placed closer than ten (10) feet from a street and shall not be located in a side yard setback extended to the street. Ground signs shall not exceed six (6) feet in height and, if illuminated shall comply with subparagraphs 7, a and b, of this section. Pole signs shall not exceed twenty (20) feet in height. ARTICLE II GENERAL PROVISIONS �SECTION 216 DUMPSTER ENCLOSURES (Revised 1/8/08) Dumpsters or other refuse or recycling containers which serve multi-unit residential buildings, institutional, commercial, office or industrial establishments shall be enclosed and such enclosures shall comply with the following requirements: 1. Such enclosures shall be finished with the same materials and colors as the exterior finish of the principal structure. 2. The enclosure shall be four-sided with a lockable gate constructed of opaque materials; provided, the Zoning Administrator or Planning Commission may permit a three-sided where site configuration makes a four-sided enclosure impractical or where a three-sided enclosure will effectively screen the dumpster from view from the adjoining right-of-way. 3. Walls of the enclosure shall be 6 feet in height. 4. Interiors and exteriors of enclosures shall be kept clean and free of debris and clutter. 5. The Planning Commission may waive one or more of requirements of this subsection only where it is determined that adequate screening can be provided and maintained for the life of the use by natural vegetation or other means without negative impact on the aesthetics of the surrounding area. SECTION 217 1. 2. 3. 4. 5. HOME OCCUPATIONS INTENT: To ensure compatibility of such business uses with other permitted uses, the residential character of the Township, and to insure that home occupations are clearly secondary and incidental uses of residential buildings. DEFINITION: A Home Occupation is an incidental and secondary use of a dwelling and/or an accessory building on a residential lot for business purposes. A Bed and Breakfast Establishment is not a home occupation. ZONING DISTRICTS ALLOWED: LDR, MDR, HDR, MHC, RR, LA, AG, BR and NA USE PROVISION: An accessory use of a use permitted by right. CONDITIONS THAT MUST BE MET: a. A home occupation must be conducted within the dwelling and/or an accessory building of the residential lot. b. No more than twenty (20) percent of the floor area of the dwelling unit and/or fifty (50) percent of an accessory building may be used in connection with a home occupation including storage. For this determination, the floor area of a dwelling unit shall include all habitable areas within the dwelling unit, including basements and habitable attic space. c. All business activity and storage must be within the interior of the dwelling and/or accessory building. There shall be no exterior storage allowed in conjunction with a home occupation. This shall apply to non-passenger commercial vehicles and limousines associated with a home occupation. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-19 ARTICLE II GENERAL PROVISIONS �d. Home Occupations shall be conducted solely by family members residing at the residence. e. No sale or rental of goods or products shall be allowed unless produced or fabricated on the premises as a result of a home occupation. f. No alteration to the exterior of the residential dwelling, accessory building or yard that alters the residential character of the premises shall be allowed. g. The home occupation shall not generate pedestrian or vehicular traffic beyond that normally generated by homes in the residential area. h. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. Any noise, vibration, smoke electrical interference, dust, odors, or heat detectable beyond the property lines, shall constitute a violation of the terms of this Section. The judgment of the Zoning Administrator shall be considered decisive and final, unless formally appealed to the Zoning Board of Appeals. i. All home occupations shall be subject to periodic inspections. SECTION 218 PROTECTION OF FIRE HYDRANTS To enable rapid access in emergency situations, plot plan and site plans shall include measures to protect existing and planned fire hydrants from obstruction by structures, landscaping, piled snow and ice, or other materials. An area ten (10) feet in diameter from the hydrant shall be maintained free of structural or landscaping obstructions and such area shall be kept free of piled snow and ice and landscape debris. SECTION 219 MITCHELL & BAKER CREEKS PROTECTION (Revised 9/25/07) 1. MITCHELL AND BAKER CREEKS OVERLAY DISTRICT: a. DESCRIPTION AND PURPOSE: The purpose of this Overlay District is to preserve and protect the lower Mitchell Creek and the Baker Creek watershed. These regulations seek to balance the protection of the ecosystem while enabling lowintensity development where appropriate. b. APPLICABLE REQUIREMENTS AND DISTRICT BOUNDARIES: The requirements of this overlay district are in addition to and shall supplement those imposed on the same lands by the provisions of the underlying zoning district. The Mitchell and Baker Creeks Overlay District shall consist of all lands located within the Protection and Transition District identified in Map 21 of the East Bay Township Comprehensive Plan and as further illustrated on the Zoning Map of East Bay Charter Township. c. WETLANDS: An applicant planning to make any improvements or changes to a regulated wetland within the district must obtain a permit from the DEQ in accordance with Part 303 (Wetlands Protection) of the Natural Resources and Environmental Protection Act, 1994 PA 451 prior to submitting a site plan or land use permit application under this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-20 ARTICLE II GENERAL PROVISIONS �d. DEVELOPMENT DENSITY AND INTENSITY STANDARDS: In addition to the district regulations set forth in the Schedule of Regulations for the underlying zoning district and any special land use provisions that may apply to a proposed use, the following regulations shall apply to parcels within the Mitchell and Baker Creeks Overlay District. 1) No structures or buildings shall be constructed within one hundred (100) feet of Mitchell Creek or Baker Creek or their tributaries. All development shall be confined to the uplands portions of the site, outside the Managed Buffer Strip defined in Section 219, 2. Vegetation within this corridor may be pruned or trimmed in a manner that maintains the rural character of the district. 2) All development in the Mitchell and Baker Creeks Overlay District, except individual single family lots, shall be developed as a Planned Unit Development (PUD) in accordance with Section 637 of this Zoning Ordinance. 3) The potential maximum residential density permitted for any property proposed as a PUD within the Mitchell and Baker Creeks Overlay District shall be determined by applying the density standards set forth in Table 3 of Article V for the underlying zoning to the gross area of the parcel including any stream corridors, buffer strips, and/or buffer areas and any regulated wetlands or rightsof-way. In applying the standards of Section 637 to enable an applicant to realize potential density, the Planning Commission may authorize departures from the dimensional standards of the underlying zoning district subject to the restrictions of Section 219, 2 Managed Buffer Strip. Provided, however, that nothing in this section shall be construed to assure a proposed PUD will produce any particular residential density. 4) The extent of any commercial or industrial development will be based on a test plan or yield plan that utilizes the gross area of the parcel including any stream corridors, buffer strips, and/or buffer areas and any regulated wetlands or rightsof-way. In applying the standards of Section 637, the Planning Commission may authorize departures from the dimensional standards of the underlying zoning district subject to the restrictions of this Section 219 and Section 219 (2) Managed Buffer Strip. Provided, however, that nothing in this section shall be construed to assure a proposed PUD will produce any particular development intensity. e. SINGLE FAMILY DWELLINGS: Single family dwellings, major accessory buildings, decks and patios located within the Mitchell and Baker Creeks Overlay District shall require a Land Use Permit issued by the Zoning Administrator in accordance with Section 803. Provided, however, that the application for a Land Use Permit for such single family dwelling shall include a complete site plan prepared in accordance with Section 820, 5, c, of this Zoning Ordinance. f. PROHIBITED USES: All commercial or industrial uses whose main services require the handling, use, production/manufacturing, creating, or disposal of hazardous, toxic or flammable substances including but not limited to: petroleum products, EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-21 ARTICLE II GENERAL PROVISIONS �pesticides, herbicides, solvents, radioactive materials, biological wastes, caustic, corrosive or flammable liquids, or similar materials shall be prohibited in the Mitchell and Baker Creeks Overlay District. g. EXISTING USES AND STRUCTURES: Existing land uses, buildings and structures within the Mitchell and Baker Creek Overlay District which do not conform to the requirements of this Section 219, shall be regarded as legal non-conforming under Section 201. If the area between an existing structure and Mitchell Creek or Baker Creek or their tributaries is less than One Hundred (100) feet, any such area shall be regarded as a Managed Buffer Strip pursuant to Section 219, 2. 2. MANAGED BUFFER STRIP: a. DESCRIPTION AND PURPOSE: The purpose of this section is to provide for the protection of lands adjoining Mitchell and Baker Creeks and their tributaries as illustrated on the Township Zoning Map. The following standards are applicable to all zoning and overlay districts as shown on the Zoning Map. The regulations are designed to prevent soil erosion along the creek banks, prevent sedimentation from entering the creeks, preserve and enhance vegetation along the creek banks, and ensure adequate setbacks for buildings, structures and septic systems. b. MANAGED BUFFER STRIP: A managed buffer strip shall be maintained one hundred (100) feet on each side of Mitchell Creek and Baker Creek and their tributaries as illustrated on the Township Zoning Map. The buffer strip shall consist of three tiers, each allowing gradually more intense clearing as the distance from the stream increases. The tiers are defined as follows: 1) Tier 1. Within 25 feet of Mitchell Creek or Baker Creek or their tributaries, trees and shrubs may be pruned for a filtered view of the stream, but clear cutting shall be prohibited. The purpose of this buffer strip includes, but is not limited to maintaining bank stabilization, assisting in erosion control, allowing for nutrient absorption, wildlife habitat and corridors, and screening man-made structures. 2) Tier 2. In an area starting twenty-five (25) feet from Mitchell Creek or Baker Creek or their tributaries, and extending fifty (50) feet outward, trees and shrubs may be pruned for a filtered view of the stream. Footpaths, bicycle paths and hiking paths as well as fences, walls, and stairways may be constructed under the following conditions: (a) All hiking trails or walking paths must be constructed of a permeable material. (b) All paths and stairways must be constructed in a location and manner to avoid soil or slope failure. (c) Fences or walls are to be constructed in such a manner that vision shall not be obstructed to an extent greater than twenty-five (25%) of the total area of the fence or wall, except within the VC and IND Districts where such standards pertaining to fences and walls shall not apply. 3) Tier 3. In areas starting seventy-five (75) feet from Mitchell Creek or Baker EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-22 ARTICLE II GENERAL PROVISIONS �Creek or their tributaries, and extending twenty-five (25) feet outwards from the stream, there shall be no constraints as to the extent of vegetation removal, but uses shall be restricted to gardens; play areas and walking paths if comprised of pervious surfaces; septic tank drainfields, if approved by the Grand Traverse County Health Department; indigenous landscaping and plantings that do not require significant artificial fertilization. IlE.B...2 IIE.B..L ~ Figure 2.2 Three-Tier Managed Buffer Strip c. GENERAL STANDARDS FOR ALL TIERS: 1) All tiers of the buffer strip shall consist of native trees, shrubs, and other vegetation and materials. Dead, diseased, unsafe or fallen trees and noxious plants and shrubs, including poison ivy, poison sumac and poison oak, may be removed. 2) No ponds shall be constructed, earth moved or topsoil removed for building within the buffer strip, until a Land Use Permit has been issued under Section 803 of this Ordinance. 3) Chemical control of vegetation shall be prohibited within the Managed Buffer Strip. 4) Grazing and soil tilling for farm crops is prohibited within the Managed Buffer Strip. d. REDUCTION OF BUFFER AREA: In the event that the application of the managed buffer strip standards of this paragraph, together with any other dimensional restrictions applicable under this ordinance, results in a site that cannot be reasonably developed with any permitted or special land use in the district, the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-23 ARTICLE II GENERAL PROVISIONS �Planning Commission may consider a reduction of the buffer area as follows. The applicant shall submit a site plan prepared pursuant to Section 820 hereof, which illustrates a reasonable development proposal for the site incorporating as much of the required managed buffer strip as possible. The Planning Commission shall evaluate the site plan in accord with Section 820, 7, and determine that the proposed site plan provides the maximum possible buffer strip, while permitting a reasonable use of the property. e. EXISTING USES AND STRUCTURES. Existing land uses, buildings and structures within the Managed Buffer Strip which do not conform to the requirements of this Section, shall be regarded as legal non-conforming under Section 201. SECTION 220 GROUNDWATER PROTECTION STANDARDS These provisions shall apply to all non-residential uses that are required to proceed through the Site Plan Review provisions of Section 820 of this Ordinance which use, store or generate hazardous substances and polluting materials in quantities greater than 100 kilograms per month (equal to about 25 gallons or 220 pounds). 1. HAZARDOUS SUBSTANCES and POLLUTING MATERIAL: Shall mean hazardous chemicals as defined by the Michigan Department of Public Health and the Michigan Department of Labor; flammable and combustible liquids as defined by the Michigan State Police Fire Marshal Division; critical materials, polluting materials, and hazardous waste as defined by the Michigan Department of Natural Resources; hazardous substances as defined by the U.S. Environmental Protection Agency; and hazardous materials as defined by the U.S. Department of Transportation. 2. SITE PLAN REVIEW STANDARDS for GROUNDWATER PROTECTION: a. Sites at which hazardous substances and polluting materials are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, groundwater, lakes, streams, rivers or wetlands. b. Secondary containment for aboveground areas where hazardous substances and polluting materials are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance. c. General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit. d. State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-24 ARTICLE II GENERAL PROVISIONS �SECTION 221 1. ACCESSORY USES DEFINITION: Uses permitted by right and uses eligible for Special Land Use approval classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in Table 3-1) is conducted in conjunction with another principal use and the former use; (1) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (2) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special land use approval. 2. INTERPRETATION of ACCESSORY USES: accessory uses; For purposes of interpreting a. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use. b. To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness. c. An accessory use shall not generate any effects on neighboring properties, including, but not limited to, noise, parking, traffic, glare, or dust, greater than or more burdensome than such impacts from the main use on the property. 3. SMALL WIND ENERGY CONVERSION SYSTEMS: (Revised 1/8/08) a. Intent. It is the purpose of this section to promote the safe, effective, and efficient use of small wind energy systems installed to reduce the on-site consumption of electricity supplied by utility companies. b. A Small Wind Energy Conversion System, or Small Windmill, may be regarded as a permitted accessory use, if it meets the following requirements. 1) Tower Height: For parcels of less than 2 acres in area, the tower height shall be limited to 35 feet. For parcels with land area greater than 2 acres and located in the LDR, RR, LA, AG, NA or BR districts, the tower height shall be limited to 60 feet. For the purposes of this subsection, tower height shall be considered the height of the tower or other supporting structure measured from native grade. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-25 ARTICLE II GENERAL PROVISIONS �2) Setback: The tower shall be setback from all adjoining property lines and rights-of-way (public or private) the greater of the setback requirements of the zoning district or the combined height of the tower or other supporting structure and the turbine blade in its vertical position. No part of the wind energy conversion system structure, including guy wire anchors, may extend into any required yard. 3) Noise: The applicant shall provide evidence that a small windmill will not cause sounds in excess of 45 dB, as measured at any property line. 4) Approved Wind Turbines: Small windmills shall bear an approval certificate from a certification program recognized by the American Wind Energy Association. 5) Compliance with Uniform Building Code: Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. 6) Utility Notification: No small windmill shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. 7) Abandonment. A small windmill that is inoperable and has not functioned for at least six (6) months shall be deemed to have been abandoned and the Zoning Administrator may order the removal of the turbine and tower. SECTION 222 CONDOMINIUM SUBDIVISIONS The intent of this section is to provide procedures and standards for the review and approval or denial of development subdivisions implemented under the provisions of the Condominium Act (Act 59 of 1978, as amended) and to insure that such developments are consistent and compatible with conventional platted subdivisions as provided for through the Subdivision Control Act (P.A. 288 of 1967, as amended), and promote the orderly development of the adjacent areas. It is also intended that commercial or industrial condominium projects would also be included and reviewed or approved. 1. GENERAL PROVISION: For the purpose of this section, a Condominium Subdivision shall include any residential development in a residential, agricultural, or lake and river environment district or industrial or commercial projects in commercial and industrial districts proposed under the provisions of the Condominium Act (Act 59 of 1978, as amended) consisting of two (2) or more single family detached residential structures on a single parcel, with the exception that the provisions of this Section limiting condominium subdivisions to single family detached structures shall not apply to condominium developments which are reviewed and approved through the Special Use Permit - Planned Unit Development option. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-26 ARTICLE II GENERAL PROVISIONS �2. PLAN APPLICATION - DATA and INFORMATION REQUIRED: Condominium Subdivision applications shall follow the provisions of Section 820 for Site Plan Review and approval and proceed as per that section. In addition to those provisions of section 820, the following information shall also be required; a. CONDOMINIUM PLAN, PROTECTIVE COVENANTS and DEED RESTRICTIONS: The condominium subdivision developer shall submit to the Township Zoning Administrator sixteen (16) copies of the condominium subdivision plan, proposed protective covenants and deed restrictions, and master deed. The name of the proposed project shall be subject to the approval of the Township to eliminate duplicate names or names that are similar to existing developments. b. Scale shall be not more than 1 inch to 100 feet and drawn on plain paper of a size not less than 24 inches by 36 inches, with date and north arrow. c. The name of the proposed condominium subdivision. d. Legal description of the property. e. Statement of intended use of the proposed condominium, such as, residential single family, two family and multiple housing. Also, any sites proposed for parks, playgrounds, schools, or other public uses. f. A map of the entire area scheduled for development and all contiguous land owned by the proprietor, if the proposed plan is a portion of a larger holding intended for subsequent development. g. Contours shall be shown on the condominium subdivision plan at 5-foot intervals where slope is greater than 10%, and 2-foot intervals where slope is 10% or less. h. A site report as described in the rules of the State Department of Public Health. The site report is required if the proposed condominium subdivision is not to be served by public sewer and water. i. The location and types of all significant existing vegetation, water courses and bodies, flood plains and water retention areas, and soil types. j. In the event soils or vegetation types indicate wetlands may be present, a wetlands determination by Michigan Department of Natural Resources as to the existence of any wetlands on the property may be required. k. PRELIMINARY ENGINEERING PLANS: The applicant shall submit sixteen (16) sets of preliminary engineering plans for streets, water, sewers, and other required public improvements. The engineering plans shall contain enough information and detail to enable the Planning Commission to make a determination as to conformance of the proposed improvements to applicable township regulations and standards. l. The volume of each condominium unit. m. A plan for Landscaping and Buffering prepared in accordance with Section 229 of this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-27 ARTICLE II GENERAL PROVISIONS �3. REVIEW PROCEDURES: a. The applicant shall provide the Township with sixteen (16) copies of the proposed condominium subdivision plan to the following Grand Traverse County Agencies; Health Department, Drain Commission/Soil Erosion and Sedimentation Department, Planning Commission and Road Commission, and Metro Fire Department. b. The Planning Commission shall review the condominium subdivision plan and the reports of the County agencies and Staff before making their determinations. c. After proceeding with Section 820.6; the Site Plan Review process, the Planning Commission shall forward their findings to the Township Board. d. The Township Board shall not review, approve or reject a condominium subdivision plan until it has received from the Planning Commission its report and recommendations. e. The Township Board shall consider the condominium subdivision plan at its next meeting after receipt of the recommendations from the Planning Commission. f. The Township Board shall either approve the condominium subdivision plan, reject the plan and give its reasons, or table the proceedings pending changes to the plan to make it acceptable to the Board. 4. CONDITIONS and DURATION of APPROVAL: The approval of the Township Board will indicate that the proposed condominium subdivision plan meets the provisions of Section 141.(1) of the Condominium Act relating to the ordinances and regulations of East Bay Township, but does not cover additional permits that may be required after the Master Deed has been recorded. 5. DURATION: Approval of the Condominium Subdivision Plan by the Township Board shall be for a period of two (2) years from the date of its approval, after approval by any other required authorities. The Township Board may extend the two (2) year period if an extension is applied for in writing. The reasons for such extension may be inability to complete roads or other requirements, financial problems or other documented hardship. 6. CONDOMINIUM SUBDIVISION PLAN APPROVAL CONTRACT: If the Township Board approves the condominium subdivision plan, it shall instruct the township attorney to prepare a contract setting forth the conditions upon which such approval is based; such contract, after approval by the Township Board, shall be entered into between the township and petitioner prior to the issuance of a land use permit for any construction in accordance with the approved condominium subdivision plan. All reasonable costs, as established by the Township Board, related to the preparation of said contract shall be paid by the petitioner to the Township Treasurer prior to issuance of any land use permits. 7. PERFORMANCE GUARANTEE REQUIRED: As a condition of the approval of the condominium subdivision plan by the Township Board, a performance guarantee as pursuant to Section 830 of this Ordinance will be required before land use permits are issued. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-28 ARTICLE II GENERAL PROVISIONS �8. STANDARDS and DESIGN for CONDOMINIUM SUBDIVISION PROJECTS: a. CONDOMINIUM LOTS: The Condominium Subdivision Plan shall indicate specific parcel dimensions with front, rear and side condominium lot lines allocated to each condominium dwelling unit. For the purpose of this section and to assure compliance with the provision herein, these parcels shall be referred to as condominium lots. The description, size, location and arrangement of the condominium lots shall conform to the requirements of a conventional platted subdivision. All condominium subdivision lots shall be deeded as limited common elements for the exclusive use of the owners of the condominium subdivision units. Each condominium dwelling unit shall be located within a condominium lot. b. DESIGN STANDARDS and IMPROVEMENTS: Developments shall conform to those requirements of Article IV; Design Standards, and Article V; Improvements, of the East Bay Township Subdivision Control Ordinance, 80105Z, except for the following modifications. 1) All regulations as per the zoning district where the development is located shall apply to the project. 2) Private Streets: If a condominium subdivision is proposed to have private streets, they shall conform to the Section regarding road standards. In addition, all private streets or frontage roads in a condominium subdivision shall have a paved driving surface of asphalt or concrete. 3) Lighting Standards: Where street lighting is to be provided within the development, the lighting shall be designed, constructed and located in conformance with the requirements of Section 210 hereof. SECTION 223 PRIVATE ROAD STANDARDS (Revised 6/24/06) INTENT: The Planning Act authorizes planning which includes the general location, character and extent of streets, roads, highways and recommendations for implementing any of its proposals. A Comprehensive Plan was adopted by East Bay Township on August 18, 1999 and thereafter no road shall be constructed or authorized in the Township until the location, character and extent thereof has been approved by the Planning Commission. It is the intent of this section not to regulate streets approved under the plat act, since those such streets are regulated by the Township's Subdivision Control Act, and County Road Commission provisions. 1. PRIVATE ROADS: No parcel of land or lot created after April 20, 1994 shall be issued a land use permit which does not have access along a public road or private road. All parcels or lots shall have access along a public road or private road, such private roads also include access by easement or easement access roads. Such roads within these definitions shall be approved by the Township and developed according to the standards herein. 2. JOINT MAINTENANCE AGREEMENT: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-29 A proposed easement and road ARTICLE II GENERAL PROVISIONS �maintenance agreement shall be provided with the private plan. The easement and road maintenance agreement shall provide as a minimum: a. Majority vote rules regarding road maintenance and improvement decisions. b. The owner of each parcel will be responsible for payment of the share of costs apportioned to his or her parcel. c. The owners shall have standing and the right to commence legal or equitable action against a delinquent parcel owner or parcel owners to foreclose a lien or otherwise collect the sums owed. d. The agreement shall be recorded and shall run with the land and bind and benefit the parcels, and the owners thereof, in perpetuity. e. The owner or owners of the land served by the road shall provide for the requirement to grade, drain, and otherwise maintain the private road including the road name sign, and emergency service access, in accordance with public agency requirements. f. A statement that the owners are aware that the road will not be maintained by the Grand Traverse County Road Commission or Michigan Department of Transportation. As such, the roadway will be private, and the Road Commission or Department of Transportation will have no obligation to maintain the road in any manner. g. The easement and road maintenance agreement may be reviewed and approved by the Township Attorney for compliance with the Township regulations. Following approval of the Township Attorney when required, the agreement shall be recorded with the Grand Traverse County Register of Deeds. 3. DRAINAGE PLANS: A Drainage Plan with the approval of the Grand Traverse County Soil Erosion and Sedimentation Control Officer shall be provided with frontage plan. The drainage plan shall conform to the requirements of all agencies having jurisdiction. 4. RIGHTS-OF-WAY WIDTHS: The minimum width of rights-of-way shall be 66 feet. The right-of-way may be a dedicated road, easement access, or common areas dedicated to lot owners. The right-of-way document shall include express utilities provisions and shall be recorded with the Grand Traverse County Register of Deeds, and it shall be a document running with the land. 5. HOLD HARMLESS AGREEMENT: Waiver or indemnification and "hold harmless" agreement to benefit the municipality, such agreement may be approved by the Township Attorney. 6. DESIGN REQUIREMENT: The Private Road Plan shall be prepared by a Registered Professional Engineer. The road design and construction plan may be reviewed by the Township Engineers for compliance with the Township regulations. Unless expressly waived by the Planning Commission pursuant to paragraph 7 hereof, the design and construction of private roads shall comply with the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-30 ARTICLE II GENERAL PROVISIONS �requirements of the Standards and Specifications for Subdivisions and Other Development Projects with Public and Private Roads, promulgated by the Grand Traverse County Road Commission and as amended from time to time. 7. WAIVERS: If, in the judgment of the Planning Commission, the implementation of a private road in accord with the Standards and Specifications for Subdivisions and Other Development Projects with Public and Private Roads as promulgated by the Grand Traverse County Road Commission, or similar successor regulations, will result in the loss or degradation of important natural features, upon the recommendation of the Zoning Administrator, the Planning Commission may approve a waiver of the strict application of such standards for a private road. An applicant for such a waiver shall identify the specific features that would be lost or degraded through the use of said Standards and alternative methodologies considered to mitigate such loss or degradation. The Zoning Administrator shall consult with the Grand Traverse County Fire Department and may consult with experts as needed to evaluate such a request and the cost of such consultation shall be borne by the applicant 8. EMERGENCY SERVICES REVIEW: The private road plan shall be reviewed and approved by the appropriate Emergency Services and Fire Protection agencies before approval is granted by the Township. 9. ROAD LAYOUT: a. All existing roads that terminate at the boundaries of a proposed development shall be connected with the road system of the proposed development. b. The street layout in any proposed development shall be designed so that all future adjacent developments shall be connected. Enforceable agreements and provisions for the joint maintenance of existing and proposed roads shall be incorporated into any subdivision, property-owners association or condominium documents. All connection roads shall be provided by easement or dedication. c. Suitable access must be maintained for an isolated parcel previously dependent on the property to be served by the private road for sole access to existing public roads. Such access must be provided by easement or dedication. d. The layout of roads shall provide as much as possible for a continuous circuit for travel. In special cases where the lands to be divided are limited in area or are subject to a natural barrier, the Township Planning Commission may approve a dedication which provides access to another road at one end only if an engineered designed cul-de-sac right-of-way is provided at the terminus of the road to permit turning in a continuous circuit. 10. ROAD NAMES: All private roads shall have a road name approved by the Township Board. The developer/proprietor shall furnish and erect road name signs at all intersections within the project and entrances thereto to assist in the location of the property by emergency vehicles. The design and color of the road name sign shall be in accordance with Grand Traverse County Ordinances. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-31 ARTICLE II GENERAL PROVISIONS �11. SIGNS: Traffic control signs shall be placed in accordance to the Michigan Manual of Uniform Traffic Control Devices. Signs marked "Private Road" shall be erected and maintained by the Proprietor at the entrance to all private roads in subdivisions and condominiums. 12. UTILITIES: Adequate utility easements shall be provided within or adjacent to the right-of-way and dedicated to the public for sewer, water, gas, electric, telephone and cable use. 13. PRIVATE ROAD APPROVAL PROCESS: The Private Road Plan approval shall be processed through the requirements of Site Plan Review as set forth in Section 820 of this Zoning Ordinance. In order to insure that the requirements of this section are met, the Registered Professional Engineer that designs the private road shall verify that the road was built in compliance with the approved plans, specifications and the Township's private road standards construction. 14. EXISTING NON-CONFORMING PRIVATE ROADS: Roads existing and used as private roads as of April 20, 1994, may continue to be used, without the requirement of a recorded maintenance agreement as provided in section 223.2. 15. Unregulated private roads as defined herein shall be exempt from the terms of this Section 223, except that all unregulated private roads established after the date of adoption of the ordinance that added this paragraph shall be located within a dedicated access easement or right-of-way not less than 33 feet in width. 16. HOME CONSTRUCTION: No land use permits shall be issued for homes to be accessed exclusively by a private road until the private road has been constructed, the as-built plans have been sealed pursuant to paragraph 13 hereof and the road has been approved by the Township. 17. PREEXISTING ROADS: For any extension of a private road established on or before April 20, such extended portion shall meet all of the requirements of this ordinance. 18. SPECIAL ASSESSMENT DISTRICT: An applicant for approval of a private road in East Bay Charter Township shall submit a completed petition for a special assessment district to support any future costs of road repair, maintenance and/or reconstruction to be activated in the event that the abutting property owners fail to perform under the terms of the Joint Maintenance Agreement and the Township determines that such failure to perform has created, or is contributing to, an unsafe or detrimental situation in the community. Said petition for establishment of a special assessment district shall be submitted on forms prepared by the Township’s attorney and shall be properly signed by all owners of record of the parcel or parcels to be served by the proposed private road. Said petition shall be accepted by the Township and held in abeyance for use only in the event the owners of the property fail to perform under the terms of the Joint Maintenance Agreement. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-32 ARTICLE II GENERAL PROVISIONS �SECTION 224 ACCESS CONTROL MEASURES These provisions for traffic control shall be applicable for land uses, buildings and structures fronting on the following roads: all hereinafter referred to as major thoroughfares; 1. MAJOR THOROUGHFARES INCLUDED WITHIN THIS SECTION: a. Three Mile Road; from Munson Avenue/US-31 North, south to Cherry Ridge Drive. b. Hammond Road; between Townline Road and two thousand (2,000) feet east of the Four Mile Road and Hammond Road intersection. c. South Airport Road. d. Parsons Road. 2. DEFINITION for SERVICE DRIVES: A service drive shall be a front or rear interconnection between parcels, and may include the maneuvering lane within a parking lot. A service drive is not a private road. 3. SERVICE DRIVES and ACCESS CONTROLS: All land in a parcel having a single property tax code number, as of April 20, 1994, shall be entitled to one (1) driveway or road access per parcel from a major thoroughfare. Parcels when subsequently subdivided, either as metes and bounds described parcels, as a plat created in accordance with P.A. 288 of 19 of 1967 amended and the Township Subdivision Control Ordinance, and/or as a condominium subdivision in accordance with Act 59 of 1978, as amended, shall be accessed by private or public roads, or by service drives. Notwithstanding the requirements of the East Bay Township Subdivision Control Ordinance, the standards for service drives shall be as follows: a. All existing and future parcels, if required to proceed through Section 820; the Site Plan Review process or the issuance of required permits, shall contain a service drive, unless the applicant can demonstrate that the access plan is not feasible from a public safety, engineering, traffic flow, or natural features respect. If the Planning Commission makes a determination that a service drive for a future parcel is not feasible, the applicant shall be entitled to a driveway onto the major thoroughfare. b. Width: A minimum width of twenty (20) feet with a paved surface is required. If the service drive is located in the front yard, it shall be located a minimum of thirty (30) feet from the road right-of-way. Provided, however, in the event that the application of the width and setback requirements of this subparagraph, together with any other dimensional restrictions applicable under this ordinance, results in a site that cannot be reasonably developed with any permitted or special land use in the district, the Planning Commission may consider a reduction of said setback requirements as follows. The applicant shall submit a site plan prepared pursuant to Section 820 hereof, which illustrates a reasonable development proposal for the site incorporating as much of the required access EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-33 ARTICLE II GENERAL PROVISIONS �drive setback as possible. The Planning Commission shall evaluate the site plan in accord with Section 820, 7, and determine that the proposed site plan provides a reasonable setback, while permitting a reasonable use of the property. c. Additional driveways may be permitted within a parcel, providing that the development has more than 400 feet of continuous frontage, and that each driveway is located in such a way that there is 400 feet separation between each driveway measured between the centerline of each driveway. d. To provide for adequate stacking and maneuvering on the public or private road the center line of service drives intersecting with a public or private road which intersects a major thoroughfare shall be at least 150 feet from the nearest edge of the traveled portion of the major thoroughfare. e. Corner lots may contain a driveway on both roads providing that the driveway approaching (right lane) the intersection is located a minimum of 350 feet from the nearest edge of the traveled portion of the major thoroughfare, and the driveway leaving the site is located a minimum of 150 feet from the nearest edge of the traveled portion of the major thoroughfare. If a corner parcel does not contain this minimum required frontage, it still may have driveways on both roads, providing that the applicant can demonstrate that the access plan is feasible from a public safety, engineering, traffic flow, or natural features respect, and that driveway locations are such that they can comply as nearly as possible with the intent of this requirement. f. The service drive shall be maintained by the property owners establishing a service drive, in a reasonably safe condition, including snow storage. g. Landscaping along the service drive shall be with vegetation that is in accordance to the definition of landscaped open space in Section 1401 of this Ordinance. At least 30% of this area shall contain woody (trees and shrubs) vegetation and planted in such as way that it doesn't interfere with site distance. Installation and maintenance of landscaping shall be the responsibility of the property owners. h. To ensure consistency with this Section, all service drive proposals are required to proceed through site plan review; Section 820, which requires approval by the Planning Commission. i. Adjacent property owners may and are encouraged to consolidate their driveways by using either a shared access drive or a service drive. All service drives are to be placed on private property outside of the right-of-way. In the consideration and approval of site plans that incorporate shared driveways, the Planning Commission may consider approval of a reduction of landscape open space, yard setbacks or parking limits by not more than 10% of the requirements otherwise provided by this ordinance. j. See the following exhibits for examples of access control measures. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-34 These ARTICLE II GENERAL PROVISIONS �exhibits are derived from the better approach principles as set forth in the Grand Traverse Bay Region Development Guidebook as published in September, 1992. _,.:,:: ;;..._ ..:.........,,_·_ ·~---=--, . SHARED ACCESS DRIVE LIMITS NUMBER OF TURNING CARS FROM MAIN ROAD , PARKING BEHIND BUILDING Figure 2.3 Access Management Illustration SECTION 225 OPEN SPACE PRESERVATION (Revised 6/24/06) Detached Single Family Residential Open Space Preservation Subdivisions, as defined herein shall conform to the provisions of Section 4.8; East Bay Township Subdivision Control Ordinance #80-150Z, and the Site Plan Review provisions of Section 821 of this Ordinance. The terms of this Section 225 are intended to offer an optional open space preservation approach to such residential development patterns. 1. 2. Land zoned for residential development equivalent to 2 or fewer dwelling units per acre, or if the land is served by a public sewer system, 3 or fewer units per acre, may be developed, at the option of the land owner, with the same number of dwelling units on a portion of the land as allowed by the zoning district. A percentage of the land area not less than 50% of the parcel, excluding a fixed percentage for street right-of-way purposes, will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant or other legal means that runs with the land. Such permanent open space shall be determined through the preparation and submittal of a detailed site analysis which shall identify native soils, water features, wetlands, topography, vegetation, wildlife corridors, views to water and prominent meadows from off site, steep slopes (in excess of 20%) and other unique or aesthetic features. a. Based on the site analysis, the applicant shall identify the portion of the parcel to be maintained in the perpetually undeveloped state, incorporating features in the following order of priority, to the greatest extent possible: 1) Surface water (lakes, streams and the Bay) including Mitchell and Baker Creeks. Provided, however, that common open space in a development located in the Lakes Area (LA) district, shall include shoreline or stream corridor areas preserved in a perpetually undisturbed state and any with access to water limited to nothing more intense than walk-in use. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-35 ARTICLE II GENERAL PROVISIONS �2) Regulated Wetlands 3) Hardwood forests 4) Unregulated wetlands 5) Viewsheds to lakes or the Bay 6) Viewsheds to prominent meadows or woodlands 7) Slopes in excess of 20% b. Lands running parallel to an existing public road adjoining the parcel to a depth of not less than thirty (30) feet shall be included within the preserved open lands and shall be maintained as natural woodlands. If such lands do not include existing forest, the applicant shall commit to a reforestation plan sufficient to provide visual screening to the development, within not more than ten (10) years. c. Any portion of the open space with a least dimension of less than fifty (50) feet shall not be considered a part of the open space for the purpose of determining the require 50% provided in this section. d. Lands to be included within permanently dedicated open space may not include areas containing or impacted by gas or oil wells, personal wireless communication facilities, electrical transmission lines or similar elements; but may include detention or retention facilities if designed to reflect a natural wetland. 3. The maximum number of lots that may be approved shall be computed by subtracting from the project's total gross acreage a fixed percentage of 15% for street right-of-way purposes, and multiplying the remaining area by the maximum dwelling unit density available for the district in accord with the following table: Zoning District Maximum Density (Dwelling Units Per Acre) LDR 1 (without central water or sewer) 3 (with central water or sewer) RR 1 AG 1 LA 1 BR 0.4 (if within 400’ of Boardman River 1 (if 400’ of more from Boardman River) NA 2. 0.2 Lot size may be reduced up to 50% of the required lot size and lot width may be reduced up to 33% of the required lot width in the district. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-36 ARTICLE II GENERAL PROVISIONS �SECTION 226 RESIDENTIAL CLUSTER SUBDIVISIONS (Revised 6/24/06) Detached Single Family Residential Cluster Subdivisions, as defined herein shall conform to the provisions of Section 4.8; East Bay Township Subdivision Control Ordinance #80150Z, and the Site Plan Review provisions of Section 821 of this Ordinance. 1. The maximum number of lots that may be approved shall be computed by subtracting from the project's total gross acreage a fixed percentage of 15% for street right-of-way purposes, and multiplying the remaining area by the maximum dwelling unit density available for the district in accord with the following table: Zoning District Maximum Density (Dwelling Units Per Acre) LDR 1 (without central water or sewer) 3 (with central water or sewer) MDR 3 (without central water or sewer) 5 (with central water or sewer) HDR and MHC 3 (without central water or sewer) 8 (with central water or sewer) RR 1 AG 1 LA 1 BR 0.4 (if within 400’ of Boardman River) 1 (if 400’ or more from Boardman River) NA 0.2 2. Lot size may be reduced up to 50% of the required lot size and lot width may be reduced up to 33% of the required lot width in the district. 3. A percentage of the land area not less than 35% of the parcel, excluding a fixed percentage for street right-of-way purposes, will remain perpetually in an undeveloped state. Cluster open space shall not include areas devoted to public or private vehicular streets. Cluster open space shall include irreplaceable natural features located in the tract (such as, but not limited to stream beds, significant stands of trees). It is intended that this space be for recreation or use by the lot owners within the development and should be easily accessible to pedestrians. Such permanent open space shall be determined through the preparation and submittal of a detailed site analysis which shall identify native soils, water features, wetlands, topography, vegetation, wildlife corridors, views to water and prominent meadows from off site, steep slopes (in excess of 20%) and other unique or aesthetic features. a. Based on the site analysis, the applicant shall identify the portion of the parcel to be maintained in the perpetually undeveloped state, incorporating features in the following order of priority, to the greatest extent possible: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-37 ARTICLE II GENERAL PROVISIONS �1) Surface water (lakes, streams and the Bay) including Mitchell and Baker Creeks. Provided, however, that common open space in a development located in the Lakes Area (LA) district, shall include shoreline or stream corridor areas preserved in a perpetually undisturbed state and any with access to water limited to nothing more intense than walk-in use. 2) Regulated Wetlands 3) Hardwood forests 4) Unregulated wetlands 5) Viewsheds to lakes or the Bay 6) Viewsheds to prominent meadows or woodlands 7) Slopes in excess of 20% b. Lands running parallel to an existing public road adjoining the parcel to a depth of not less than thirty (30) feet shall be included within the preserved open lands and shall be maintained as natural woodlands. If such lands do not include existing forest, the applicant shall commit to a reforestation plan sufficient to provide visual screening to the development, within not more than ten (10) years. c. Any portion of the open space with a least dimension of less than fifty (50) feet shall not be considered a part of the open space for the purpose of determining the required 35% provided in this section. (Revised 1/8/08) d. Lands to be included within permanently dedicated open space may not include areas containing or impacted by gas or oil wells, personal wireless communication facilities, electrical transmission lines or similar elements; but may include detention or retention facilities if designed to reflect a natural wetland. e. Cluster open space shall be owned and maintained by the lot owners within the development, therefore, the legal arrangement for this management should be provided for within the deed restrictions of the development. f. As set forth in paragraph 2 above, the dimensions and area of each lot in a residential cluster subdivision may be reduced below the minimums ordinarily required by the Zoning Ordinance with the surplus land area being incorporated into the open space system of the subdivision. The overall dwelling unit density and total number of dwelling units in a residential cluster will not exceed those of a traditional residential subdivision of the same area. Unless specified in the district, the open space system of a residential cluster subdivision may consist of common open space or partly of common open space and partly of public open space. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-38 ARTICLE II GENERAL PROVISIONS �Figure 2.4 Cluster Subdivision Illustration r· -·· . -· . --- . • . - - -· - ::::;;::::::::;:::=~- · . 11 11·1,11=~~ : . U - ,-.. R(ej i ,911 : 16JJD Ila. 1'l t.otarta: :X,JID ,q .tt mh. - -- . . H .. . . ' N1mt:1t r 01 -- . :J . . . . . ...,, ... ""'·· C-----..,J,._,_t ,._. ~ "'-!.""'-'""' • -'d<l - . 'll k , dro ~ -'""'" '""' ~~;::;~~.: .~.!!:~~~~~.;.,•:~ .. ......, .R--. ,-.,to l.:lustere<J laytlUI: ..A .. UroupsdwelllngsarouncJ central i.:onventional layout "tt ,M ~1ows 1n<11'1A(lJal lotswrth sma1 beach common par1c:ilg. Ccmmon beach areas and boaing area s and boating facilities available: to each resident. This type facilities are open to residents while physical i!:atures one controlled acoess point. restricts residents to lirrited facilities. and has thedisadvan1age SECTION 227 of dev&opmenttends to deszn:,ythe physical i!:aturesofthe s ite, are preserued . ~ so has TRAFFIC IMPACT STUDY The Zoning Administrator may require that a traffic impact study completed by qualified professional be prepared as an attachment to a site plan submitted for any development in the Township meeting the requirements of this section. The purpose of this section is to set forth the standards to be used by the Zoning Administrator in requiring the submission of such a traffic impact study, the required minimum content of such a study and the standards and procedures for the review of its findings by East Bay Township. 1. A TRAFFIC IMPACT STUDY: shall include an analysis of the existing traffic conditions on the roadway network in the vicinity of a proposed project, including any accident history, average speeds, average daily and peak hour traffic volumes and levels of service of all key roadway segments and intersections. The study shall further indicate the effect of a proposed development on adjacent roadways and intersections and indicate the anticipated points of origin, direction and volume of traffic flow to and from the proposed development. The study shall be prepared by either a registered professional engineer (P.E.) or transportation planner with at least five (5) years of experience preparing traffic impact studies in Michigan. The study shall include a summary of the qualifications and documented experience of the author and specifically describing experience in preparing traffic impact studies in Michigan. If the traffic impact study involves geometric design recommendations, the study shall be prepared or supervised by a registered engineer with a strong background in traffic engineering. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-39 ARTICLE II GENERAL PROVISIONS �2. CRITERIA FOR REQUIRING A TRAFFIC IMPACT STUDY: The Zoning Administrator or Planning Commission may require that a traffic impact study be prepared as an attachment to a site plan for any proposed commercial, industrial, residential or mixed use development which has the potential to significantly increase traffic volumes on the surrounding roadway network. In determining the level of potential impact, the Zoning Administrator shall consult appropriate planning and engineering texts including, but not limited to, Trip Generation, published by the Institute of Transportation Engineers and may seek the counsel of other professionals with experience with developments similar to that proposed. A traffic impact study may be required under this section when, in the judgment of the Zoning Administrator, the proposed development will result in an increase of either the average daily traffic or the peak hour traffic equal to or greater than the triggering standards set forth in the following table: Roadway Segment ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Munson (US-31) between Three Mile Road and the western Township limits Munson (US-31) between the eastern Township limits and Three Mile Road South Airport Road Three Mile Road between Munson (US-31 and Hammond Road. Parsons Road Hammond Road between the western Township limits and Three Mile Road Three Mile Road between Garfield Road and Hammond Road Four Mile Road between Munson (US-31) and Hammond Road Five Mile Road between Munson (US-31) and Hammond Carlisle Road Holiday Road Garfield Road Hammond Road between Three Mile Road and Five Mile Road Townline Road All Other Roadways 3. Triggering Standards for Potential Increase in: Average Daily Peak Hour Traffic Traffic (trips per day) (trips per day) 1,200 300 1,000 250 800 200 500 150 300 100 REQUIRED STUDY CONTENT: In general, a required traffic impact study shall document existing conditions on the existing roadway network including all intersections within one (1) mile of the proposed development including average daily traffic and peak hour volumes in all directions, existing turning movements, levels of service, average traffic speeds and accident history. Existing pedestrian and non-motorized traffic volumes shall also be estimated. The traffic impact study shall project the impact of the proposed development on the roadway network including all intersections within one (1) mile of the proposed development including projected average daily traffic and peak hour volumes in all directions, anticipated turning movements and anticipated levels of service. Anticipated impacts on pedestrian and non-motorized traffic volumes shall also be projected. The following specific elements shall be addressed in a required traffic impact study: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-40 ARTICLE II GENERAL PROVISIONS �a. A narrative summary at the beginning of the report, including, but not limited to: (1) The applicant and project name. (2) A location map. (3) The size and type of development. (4) Generated traffic volumes based on type and size of land use which are compatible with those listed in the Institute of Transportation Engineers – publication, Trip Generation (current edition). b. Project phasing identifying the year of development activities per phase and proposed access plan for each phase. c. A transportation system inventory, which describes the physical, functional and operational characteristics of the study area highway system and, where appropriate, locate transit services. The description should provide, where pertinent, data on: (1) peak-hour volumes (existing and projected) (2) number of lanes (3) cross-section (4) intersection traffic signals and configuration (5) traffic signal progression (6) percentage of heavy trucks (7) adjacent access point locations (8) jurisdiction (9) grades d. Plan showing proposed roadway per phase for each access. Driveway design and roadway improvements shall meet Michigan Department of Transportation (MDOT) or Grand Traverse County Road Commission standards and guides. e. Capacity analysis shall be performed at each access point. The Township’s preference is the use of Highway Capacity Software, (HCS 2000), or a later version thereof. Default values shall not be used when actual values are reasonably available or obtainable. The interaction of conflicting traffic movements shall be addressed in the traffic impact study. Any proposed signalized access within one (1) mile of an existing signalized intersection shall be analyzed in coordination with the existing signal timing. A time-space diagram should also be included. f. A traffic impact study on the trunkline shall be analyzed with and without the proposed development on the existing system, and with the proposed development for both existing and projected traffic volumes. The traffic volumes for the development shall assume a total build out. The completed analysis shall be summarized in a table showing all the Measures of Effectiveness (MOE) for all of the above conditions. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-41 ARTICLE II GENERAL PROVISIONS �g. Required operational changes shall be part of the site plan review and any access permit approval process. 4. EVALUATION PROCEDURES AND CRITERIA: As a general criteria, the existing roadway network and all access points to a proposed development shall be demonstrated to be fully capable of accommodating the increased average and peak hour traffic anticipated. In the event the anticipated level of service on any roadway segment or intersection is shown to decline, the traffic impact study shall present alternative approaches proposed to manage anticipated traffic without such decline. a. The Zoning Administrator shall provide a copy of the traffic impact study to the Grand Traverse County Road Commission, TC-TALUS and the Michigan Department of Transportation (MDOT), as appropriate, for review and comment and any comments received from the Road Commission and MDOT shall be provided to the Planning Commission. b. The Township shall be permitted to retain the services of an independent traffic engineer or transportation planner to review and comment on any traffic impact study prepared pursuant to this Section. The cost of such review shall be borne by the applicant. c. The Planning Commission shall consider the findings of the traffic impact study and any comments received from the Grand Traverse County Road Commission, MDOT and any independent traffic engineer or transportation planner and, if the anticipated traffic impact is determined to be excessive, the Planning Commission may reject the proposed site plan under the terms of Section 820,7,I of this Ordinance. SECTION 228 ACCESS TO PLATTED AND CONDOMINIUM SUBDIVISIONS AND MULTI-FAMILY DEVELOPMENTS (Revised 2/27/05) 1. Any residential development; including a platted subdivision, condominium subdivision, or multi-family housing development, and/or non-platted land divisions, or any combination thereof; which is proposed to include more than thirty (30) dwelling units shall be located so as to have at least two (2) all season access route points, in accord with the terms of this section. 2. Access routes may include connection over existing public and/or private roads to one or more of the following roadways: Munson Avenue (US-31), Parsons Road, Holiday Road, South Airport Road, Hammond Road, Potter Road, Garfield Road, River Road, North Arbutus Lake Road, East Arbutus Lake Road, Hobbs Highway, North Spider Lake Road, Rasho Road, Rennie Lake Road, Supply Road, High Lake Road, Townline Road, Three Mile Road, Four Mile Road, Five Mile Road and Prouty Road. Such access shall meet all of the following requirements: a. All portions of such access routes, whether within the proposed residential development or not, shall be located within sixty-six (66) foot wide rights-of-way, and EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-42 ARTICLE II GENERAL PROVISIONS �b. All portions of such access routes, whether within the proposed residential development or not, shall be constructed and maintained as all season roadways, and c. If a proposed residential development includes access over private roads, all the requirements of Section 223 of this Zoning Ordinance shall be met over the entire length of any such access. 3. The intersection of access routes to a proposed residential development; including a platted subdivision, condominium subdivision, multi-family housing development, and/or non-platted land divisions, or any combination thereof, with the existing public or private roads shall be separated by not less than three hundred (300) feet, measured centerline to centerline. Provided, however, that if a greater separation distance is required by other Sections of this Ordinance, by the Grand Traverse County Road Commission or the Michigan Department of Transportation, then such greater separation distance shall apply. A closed loop roadway configuration beginning and terminating at essentially the same point with a boulevard crosssection shall be regarded as not more than one (1) means of access. 4. Any proposed residential development; including a platted subdivision, condominium subdivision, multi-family housing development, and/or non-platted land divisions, or any combination thereof; shall be designed to meet the following standards: a. Where the lands adjacent to a proposed development are not subdivided at the time of site plan submittal, the street network internal to the proposed development shall be arranged to provide for connection of the development with a future residential neighborhood on the adjoining parcel. b. Where lands adjacent to a proposed development are developed or subdivided, the street network internal to the proposed development shall provide for connection of the proposed development to the street network of the adjacent subdivided lands; provided the street network of such adjacent development is designed to accommodate such connection. 5. The requirements of this Section 228 shall apply to any new residential plated subdivision, condominium subdivision, multi-family housing development and/or non-platted land divisions, or any combination thereof, or any expansion of an existing residential subdivision, condominium subdivision, multi-family housing development and/or non-platted land divisions that causes the entire development to consist of more than thirty (30) dwelling units. SECTION 229 LANDSCAPING AND BUFFERING (Revised 6/24/06) Where the terms of this ordinance require landscaping and/or buffering on a site plan or for a special land use, the standards of this section shall be followed: 1. REQUIRED STANDARDS: The following table shall be applied to determine the standards of this section that shall apply to proposed developments: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-43 ARTICLE II GENERAL PROVISIONS �Project Description Landscape Plan Requirements Single-family detached units with fewer than ten units None Single family detached units with at least 10 units but not more than 20 units Minor Landscape Plan, per paragraph 2 hereof Single family detached units with 21 or more units, regardless of phasing, and mixed use developments Complete Landscape Plan, per paragraph 3 hereof Multiple family dwelling project of fewer than 20 units Minor Landscape Plan, per paragraph 2 hereof Multiple family dwelling project of 20 or more units Complete Landscape Plan, per paragraph 3 hereof Commercial, office or institutional development, including permitted uses and special land uses Complete Landscape Plan, per paragraph 3 hereof, unless waived or modified pursuant to paragraph 4 hereof. 2. MINOR LANDSCAPE PLAN: A minor landscape plan, shall include detail on any proposed entry feature, such as an identifying sign or boulevard, as well as any mechanism to preserve and protect any existing vegetation on the site. This may include limitations on tree removal, reforestation requirements, street trees and any specimen plantings. In addition, a minor landscape plan shall include a viable mechanism acceptable to the Planning Commission to assure that the landscape plan will be implemented and maintained. Nothing in this section shall prohibit an applicant from providing additional detail or information as described in sub paragraph 3 hereof. 3. COMPLETE LANDSCAPE PLAN: A complete landscape plan shall be prepared in accordance with the following standards. a. A landscape plan required under the terms of this section shall be prepared by a Registered Landscape Architect or by a qualified landscape designer with a minimum of 5 years experience in landscape design, planning and construction. Such landscape plan shall provide, to the greatest extent possible, for the preservation and protection of existing natural features on the site. The standards of the Grand Traverse Bay Region Development Guidebook, latest printing, shall be followed in the preparation of such landscape plan. The landscape plan shall address at least the following items, in addition to section 820.5, c, 15; 1) An inventory of existing trees, wood lots, streams, lakes, wetlands, view sheds and other natural features of the site and detail on the measures proposed to preserve and protect such features. 2) All proposed planting areas for grass, trees, shrubbery and other green space intended to protect the natural features and character of the site shall be illustrated in the landscape plan. Such illustration shall include the species proposed, the number of plantings, the size of such plantings including the caliber and height, irrigation measures proposed and related information. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-44 ARTICLE II GENERAL PROVISIONS �b. c. d. e. f. g. 3) The location and nature of lighting, signs, utility fixtures, earth changes, street scape and any other matter that affect the appearance of the site. In all developments other than single-family detached developments, all lots shall have a minimum of twenty-five percent (25%) of total lot area devoted to landscaped open space, of which thirty percent (30%) of this area shall contain woody vegetation, consisting of trees and shrubbery. Landscaped open space shall not include driveways and parking areas. To the greatest extent possible, existing trees over five inches (5") diameter at breast height, shall be retained and protected. Areas of a site plan intended for stormwater detention or retention shall only be included in such required minimum landscaped area if formally landscaped with shrubbery and turf and contoured such that no fencing shall be required. All required site plans shall include the location of all existing trees having five (5) inches or greater diameter breast height, identified by common or botanical name. Trees proposed to remain, to be transplanted or to be removed shall be so designated. A cluster of trees standing in close proximity (3-5 feet or closer) may be designated as a "stand" of trees, and the predominant species, estimated number, and average size shall be indicated. The area between the edge of the street pavement and property line, with the exception of paved driveways, sidewalks and parking areas permitted by this ordinance, shall be used exclusively for the planting and growing of trees, shrubs, lawns, and other landscaping designed, planted and maintained to serve as a healthy and attractive amenity on the site. In the event a proposed development includes uses more intense in terms of noise, lighting, traffic, residential density or similar impacts than an existing adjoining use, the landscape plan shall include provision for plantings or other aesthetic screening to mitigate and lessen the potential impact on such adjoining land use. The applicant shall replace any trees, shrubbery or other plantings that fail to become established and remain viable for a period of two years following completion of all construction on the site. In accordance with Section 830, the Township shall require an irrevocable bank letter of credit, certified check or cash in an amount as determined by the Township, which shall be sufficient to assure the establishment of a viable landscaped area. In the event any of the landscaped materials do not become established and the applicant shall fail to provide a viable replacement, the Township shall utilize such irrevocable bank letter of credit, certified check or cash to install replacement landscaping materials. After two years of demonstrated viability of all landscape materials, the remaining balance, if any, of such irrevocable bank letter of credit, certified check or cash shall be returned to the applicant. All landscaped areas required pursuant to this section shall be equipped with a watering system capable of providing sufficient water to maintain plants in a healthy condition. Irrigation systems shall be maintained in good working order. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-45 ARTICLE II GENERAL PROVISIONS �4. The Planning Commission may waive or modify any requirement of this section as not applicable to particular development circumstances and providing that such waiver does not detract from the aesthetics or quality of the natural environment of the Township. SECTION 230 SETBACK STANDARDS IN MULTIPLE UNIT DEVELOPMENTS In developments consisting of multiple buildings such as multiple-family apartments, office parks and condominium projects, but not including subdivisions or condominium subdivisions, buildings shall be setback sufficiently from driveways and common access areas to permit safe and efficient pedestrian and vehicular traffic flow. If parking is permitted in driveways, the site plan shall provide sufficient area between buildings and access drives to permit such parking without obstructing vehicular or pedestrian traffic within the development. SECTION 231 1. FOREST LAKES OVERLAY DISTRICT (Revised 12/8/08, 10/25/16, 6/12/2017 and 10/8/18) INTENT: The inland lakes of East Bay Charter Township are a defining characteristic of the community. The Township’s future land use plan clearly establishes the protection of natural features as a key goal of the Plan. That goal states, “The citizens of East Bay Township will continue to enjoy the rural character of the community as manifested in the expansive views of the Bay, the rolling hills, inland lakes and woods. The rural character will be defined by clean lakes and streams, clear air, native wildlife and the clarity of the star-filled night skies. A central purpose of this Comprehensive Plan is the preservation of these valuable assets for current and future residents.” Accordingly, this section is intended to promote the preservation of natural features around and near lakefronts that are characterized by their current natural state, to protect water quality, and regulate development and the use of property which has water frontage along an inland lake through the application of land use and development standards which shall apply in addition to any and all standards within the underlying zoning district. 2. APPLICABILITY: The standards of this Section 231 apply to all lands in the Township meeting both of the following requirements: (Revised 10/8/18) a. Located within an area five hundred (500) feet or less from the ordinary high watermark of Arbutus Lake, Spider Lake, Rennie Lake, High Lake, Chandler Lake, Vandervoight Lake, Indian Lake, Perch Lake, Spring Lake, George Lake, Tibbets Lake, and Bass Lake; and b. Containing topographic contours such that stormwater from the parcel drains directly or indirectly into such lakes. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-46 ARTICLE II GENERAL PROVISIONS �3. PERMITTED USES: All uses permitted by right or as special land uses permitted within the underlying zoning district shall be permitted pursuant to said underlying standards; provided, however, that within the Forest Lakes Overlay, residential subdivisions consisting of two or more residential building sites or two or more residential structures under any lawful form of ownership, including but not limited to ownership subject to or created under the Land Division Act or the Michigan Condominium Act, whether undertaken as cluster or traditional form shall be treated as special land uses Subject to the terms of Article 6, pursuant to Section 231. 4. DISTRICT REGULATIONS: Except as modified by the terms of this Section 231, all district dimensional and development standards of the underlying zoning district shall apply in the Lakes Area Overlay district. 5. APPLICATION REQUIREMENTS: In addition to the requirements of Section 820, site plans for residential subdivisions consisting of two (2) or more residential building sites or two or more residential structures under any lawful form of ownership, including but not limited to ownership subject to or created under the Land Division Act or the Michigan Condominium Act, or any special land use, within the overlay area as described in Section 231, 2, shall include:” a. Survey. A topographic survey rendered at not greater than two (2) foot contours for all portions of the site which is proposed to be developed or disturbed together with the adjoining area for a distance of not less than one hundred (100) feet from any area of development or disturbance. Said survey shall be sealed by a surveyor licensed to practice in Michigan. b. Tree Inventory. An inventory of all trees with a diameter at breast height of at least eight (8) inches existing within all portions of the site which is proposed to be developed or disturbed together with the adjoining area for a distance of not less than one hundred (100) feet from any area of development or disturbance. For the purposes of this inventory a cluster of trees standing in close proximity of five (5) feet or closer may be designated as a “stand” of trees, and the predominant species, estimated number, and average size shall be indicated. c. Environmental Assessment. Unless waived, in whole or in part, by the Township Engineer, an environmental assessment meeting the requirements of this section. The Township Engineer may waive all or any part of the requirement for an environmental assessment upon a finding that ♦ The degree of environmental impact presented by the proposed development is comparable to that from existing development patterns and thus so inconsequential as to make the environmental assessment unnecessary, and; ♦ The site clearly does not include any sensitive areas, such as, but not limited to, wetlands, hydric soils, steep slopes, or similar features, and; ♦ The proposed development would not involve any land form change or disturbance within one hundred (100) feet of any body of water, or; EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-47 ARTICLE II GENERAL PROVISIONS �♦ The proposed development would be regulated by any federal or state regulation or statute which would require the preparation of an environmental assessment substantially equivalent to the requirements of this Section. 1) An Environmental Assessment shall be a summary review of the environmental impacts of a project. Its purpose will be to provide relevant information to the Planning Commission on the potential environmental impact of applications for site plan approval related to larger projects that may have a substantial impact on the Forest Lakes Area Overlay District. 2) Guidelines. When required by this ordinance, an applicant for site plan approval shall prepare an Environmental Assessment in accordance with these guidelines. An Environmental Assessment is not an Environmental Impact Statement, but rather a summary review of the site in question considering the past and present land uses and the proposed development. The analysis is intended to determine how the proposed development will meet the goals of the community as they are expressed in the Comprehensive Plan, this ordinance and, specifically, this Overlay District. The complexity of the Environmental Assessment will depend on the scope of the project and the magnitude of the potential impact. In preparing the Environmental Assessment, judgment should be exercised to keep the form and extent of responses in proportion to the scope of the project. Each answer is to be as brief as practicable, although the Planning Commission may request further elaboration. The Township Engineer may waive elements of these guidelines as either not applicable or previously addressed in other submittals, on a case-by-case basis. All information must be submitted in the following format and shall not merely reference a study or report completed previously, rather whenever possible, the Environmental Assessment report shall incorporate a summary of the findings of such study or report in addition to such cross-references. In addition, any crossreferenced study or report shall be submitted with the Environmental Assessment. 3) Content. The following material may be required and/or addressed in the Environmental Assessment, unless specifically waived by the Township Engineer, as not applicable: (a) A description of the site in its current condition. This shall indicate any buildings to be preserved and those to be removed along with an indication of what will be done with the demolition debris. This must also include information on: i Flora and fauna (be sure to list any endangered species on-site) ii General topography and drainage patterns including any regulated features such as wetlands, high risk erosion areas or other features iii Adjacent waterways EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-48 ARTICLE II GENERAL PROVISIONS �iv Existing wells, approximate depth and use v Existing topography of the site rendered by a land surveyor at not more than two-foot intervals vi A characterization of soil types and slopes (b) A description of any existing contamination on-site. This should include a description of any Phase I and/or Phase II Environmental Site Assessment conducted pursuant to ASTM-E1527 Standard Practice for Environmental Site Assessment. It must describe the nature of the contamination on-site and what will be done on this project to mitigate or contain it, including the proposed methodology and any state or federal regulatory agency reviews that may apply. If the project includes work that may disturb or displace existing contaminated soils or water, this should include a description of proposed methods to contain and/or dispose of the generated waste. (c) If the proposed project will impact any shoreline areas or floodplain or involve riparian work along adjacent waterways, a description of the proposed work and the methodology proposed to protect waterways shall be provided. (d) A description of the existing soils on-site and a statement as to the suitability of these soils for the proposed use. At a minimum, in areas that will be disturbed by construction activities, hand auger borings will be conducted with sufficient depth and frequency to evaluate potential erosion and sedimentation risk. (e) A description of any known historical or archeological significance associated with the site. If any such areas are present, this shall include a description of methods to protect and preserve any historic or archeological resources. (f) A description of any emissions from the proposed development as it relates to air quality. This will include any construction-related impacts from dust or burning. If any emissions are proposed, this shall include a description of each constituent and the effects of each constituent to nature and human life. (g) A description of significant hazardous materials or waste to be generated or stored on-site, as defined in part 201 of Act 451 of 1994. This shall include a description of proposed methods to contain such materials and prevent any migration into adjoining soils or groundwater or into the atmosphere. (h) A description of any storm water discharges from the site. This shall include a characterization of such discharge in terms of the quantity, quality and chemical constituents and temperature and a description of the possible effects this discharge may have on the receiving waters. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-49 ARTICLE II GENERAL PROVISIONS �(i) If a Federal, State, or local regulatory authority has conducted an Environmental Assessment, Environmental Impact Statement, or a preliminary assessment/site inspection or environmental survey of the site, a brief description of the findings and provide a copy of the report or results. (j) A description of the anticipated noise levels to be generated at all property lines of the proposed use. This shall include a description of measures proposed to mitigate noise. (k) A description of the anticipated traffic to be generated by the proposed use. (l) A description of plans and timetable for site restoration after construction. (m) A description of methods to handle sanitary waste for the project both during construction and after completion. (n) A description of how potable water will be provided to the site. If any onsite wells are proposed or any lake-draw systems are proposed for the project, this shall include a description of the type of well or lake draw system, any regulatory requirements that may apply and the status of such regulatory approval. It shall also address mechanisms to contain runoff and sedimentation resulting from a well drilling operation to prevent sedimentation impacts on surface water or vegetation. (o) A description of any additional items as needed to relay the potential environmental impacts of the proposed project. (p) Chain of title history from abstract company detailing easements, deed restrictions or other encumbrances. 4) The professional resume of the preparer shall be included with the submitted document. 5) The Zoning Administrator may submit the study to a recognized consultant(s) in the field for review and independent comment. The cost of any such review shall be borne by the applicant. d. Landscape Plan. A landscape plan incorporating the provisions of Section 229 together with proposed finished grade contours and detail on all species to be installed and protected on the site. 6. DEVELOPMENT STANDARDS: In addition to the development requirements for the Lakes Area and Natural Area Zoning districts, the following standards shall apply to all properties located within the Forest Lakes Overlay District. a. Impervious Surface. Impervious surfaces, including roof tops, concrete or asphalt pavement and similar materials shall comprise not more than twenty percent (20%) of the gross site area. Provided, however, that the Planning Commission may permit greater areas of imperviousness where measures acceptable to the Drain Commissioner or pursuant to the Stormwater Control Ordinance are proposed EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-50 ARTICLE II GENERAL PROVISIONS �b. Slope Protection. No development or disturbance shall be permitted on slopes of 80% or more regardless of soils type nor on slopes of 50% to 79% consisting of highly erodible soils, as defined in the Grand Traverse County Soil Survey. Development on moderately erodible soils slopes of up to 79% shall conform to the requirements of the Stormwater Control Ordinance. c. Vegetation Filter and Buffer Strips. For any new development or any parcel where development, tree removal, or land form change is proposed within 50 feet of the ordinary high water mark, natural native vegetation shall be retained over 80% of the area extending 30 feet inland from the ordinary high watermark and running the width of the lot, and over 50% of the area beginning 30 feet inland from the ordinary high water mark and extending inland an additional 20 feet to the rear setback line. (Revised 10/8/18) The removal of live deciduous trees of eight (8) inches diameter at breast height (dbh) or greater or live evergreen trees exceeding ten (10) feet in height within the vegetation filter and buffer strip without prior approval shall be deemed a violation of this section and subject to a fine of up to $500 per day of violation until the replacement trees are planted. Replacement of the removed tree(s) shall be completed within 60 days, weather permitting, with a native species of tree measuring a minimum three (3) inches caliper for deciduous trees and six (6) feet in height for evergreens, in approximately the same location as the removed tree. If a tree has been removed, the diameter of removed trees may be estimated by measuring the remaining stump or logs, review of prior plans/permits, or by use of photographs. Those found in violation of this section may file an appeal of the decision to the zoning board of appeals, subject to the requirements and procedures of Article X. 30' Retain native vegetation over 80 % of this area 20' Retain native vegetation over 50% of this area House Applies if development or land form change is proposed within 50' of the ordinary high water mark Road Figure 2.5 Vegetation and Buffer Strips Illustration EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-51 ARTICLE II GENERAL PROVISIONS �d. Landscaping. New development or redevelopment involving the disturbance of more than ten thousand (10,000) square feet of a site shall include a landscape plan meeting the following standards. 1) All proposed plantings to be incorporated or retained shall be identified and listed. Preferred species shall include native hardwoods, conifers and shrubs, as set forth in the New Designs for Growth Development Guidebook. 2) Invasive, non-native and exotic plantings shall be prohibited. 3) Turf grass areas shall be limited to no more than 20% of the area extending thirty (30) feet inland from the ordinary high watermark and no more than 50% of the area beginning thirty (30) feet inland from the ordinary high water mark and extending inland an additional twenty (20) feet. 4) There shall be no limitation on the use of annual plant species. e. Artificial Beaches. The installation of artificial beaches proposed as part of new development in the Forest Lakes Area Overlay shall be regulated by the Drain Commissioner and may not exceed fifteen (15) feet in depth as measured perpendicular to the ordinary high water mark and equal in width to ten percent (10%) of the length of the water frontage of the lot or ten (10) feet, which ever is greater. Any such artificial beach area shall not reduce the extent of native vegetation that may be required under subparagraph 6, c, hereof. f. Shoreline Structures. Any permitted new accessory structure, such as accessory buildings, stairways, docks, decks or other man-made structure permitted under this section, shall be constructed of wood, or if constructed of metal or composite material, shall be finished with a non-glossy or non-reflective surface, paint or powder coat material to prevent glare and to blend well with the natural surroundings. Docks, boat lifts and similar structures shall be located in conformance with the sideyard setback requirements and such sideyard setback lines shall be extended to include bottom lands on any waterfront lot. (Revised 2/8/10 and 4/24/11) g. Subject to the terms of subparagraph 6, c, of this Section, stairways, stairway landings, deck paths and similar accessory structures may be located between the ordinary high water mark and the required 50-foot waterside setback line. The walking surface of such structures shall be not more than five (5) feet in width measured generally perpendicular to the path of travel. Stairways shall be constructed in accordance with the requirements of the Michigan Building Code for exterior stairways. Such structures shall be located in conformance with the required side yard. (Revised 2/8/10) h. Waterside decks may be permitted to be located less than fifty (50) feet of the ordinary high water mark, under the following conditions: (Revised 2/8/10) 1) Such waterside deck shall be mounted on pillars or posts with the deck surface placed at an elevation of at least six (6) inches and not more than sixty (60) inches above the mean grade beneath such deck, EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-52 ARTICLE II GENERAL PROVISIONS �2) Such waterside deck shall be located not less than ten (10) feet from any side lot line. 3) The maximum area of a waterside deck shall be two hundred (200) square feet and any such waterside deck shall not reduce the percentage of native vegetation required to be established and maintained pursuant to subparagraph 6, c, of this Section. 4) A waterside deck shall not have a roof or other permanent impervious surface. This section shall not be interpreted to prohibit roll-up canopies, umbrellas or other temporary shade-providing furnishings. 5) A proposed waterside deck shall not be constructed until a site plan meeting the requirements of Section 820, has been submitted and a land use permit has been issued therefore by the Zoning Administrator, subject to Section 803. i. Fences and walls shall be prohibited from being either constructed, installed, or extended into the required 50 foot filter and buffer strips of the Forest Lakes Overlay District. (Revised 6/12/17) SECTION 232. MEDICAL MARIHUANA PRIMARY CAREGIVER FACILITY (Revised 4/24/11) 1. 2. PURPOSE AND INTENT: It is the purpose of this section to give effect to the intent of Initiated Act 1 of 2008, the Michigan Medical Marihuana Act (the MMMA) and not to establish any local program or regulation that would violate or contravene any enforced State or Federal statute. The MMMA authorizes a narrow exception to the general rule and law that the cultivation, distribution and use of marihuana amount to criminal acts. It is the purpose of this Section to establish standards for the application of that narrow exception in East Bay Charter Township to enable the legitimate and legally-authorized practice of the Primary Caregiver activity as set forth herein. It is not the intent of this Section to broaden the strict interpretation of the MMMA to apply to activities not explicitly provided for therein nor is it the intent of this Section to encourage or sanction the cultivation, processing, refinement, distribution, transfer or use of marihuana except as permitted by a strict application of the terms of the MMMA and any rules or regulations duly promulgated there under. FINDINGS: This Section is based on the following findings: a. The voters of the State of Michigan approved by initiative and referendum the use of marihuana by Qualifying Patients for certain medical conditions and established as a legitimate activity that individuals with appropriate credentials may assist Qualifying Patients in the use of marihuana under the provisions of the MMMA. b. Despite the provisions of the MMMA, marihuana remains a controlled substance under Michigan and Federal law and if its use is not carefully monitored and regulated, there exists significant potential for abuse and illegal conduct that can threaten the health, safety and welfare of the residents of East Bay Charter Township. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-53 ARTICLE II GENERAL PROVISIONS �3. 4. c. In other States where medical marihuana is similarly permitted but inadequately regulated, there are indications of significant negative secondary effects surrounding places where marihuana is dispensed, processed or used by groups of people. Such secondary negative effects tend to be exacerbated where multiple marihuana facilities are located and include sale and use of other controlled substances, robberies, assaults, break-ins, vagrancy and depressed property values. d. East Bay Charter Township neither supports nor opposes the legitimate medicinal use of marihuana by Qualifying Patients in compliance with the MMMA, but finds that it has an obligation to residents and property owners to effectively mitigate potential secondary impacts that could result from the Primary Caregiver activity. PERMITTED USE: The activities of a registered Primary Caregiver as defined in the MMMA and further regulated in this Section and a Primary Caregiver Facility as defined in this Ordinance, shall be a permitted land use limited only to the Industrial Zoning District, subject to the land use permit requirements of Section 803 and the site plan requirements of Section 820, 6, b, and the requirements of this Section. REVIEW STANDARDS: An application for a Primary Caregiver Facility shall be evaluated by the Zoning Administrator in accordance with the following requirements: a. Primary Caregiver Facility. All marihuana shall be cultivated, processed, stored and packaged in an enclosed, locked and secured building at all times, except when it is being delivered to Qualifying Patients pursuant to paragraph “e” hereof. For the purpose of this Section, such facility shall consist of four solid walls and roof and no outdoor cultivation or storage shall be permitted. Such facility shall also be protected with a security system that is monitored continuously and access to the facility by other than the registered Primary Caregiver shall be prohibited. This provision shall not be construed to prevent access by non-registered individuals if accompanied by the registered Primary Caregiver. b. Limits on Quantities. A Primary Caregiver shall not possess more marihuana than 2.5 ounces or 12 marihuana plants for each Qualifying Patient to which he/she is connected. c. Combined Operations Prohibited. No more than one Primary Caregiver shall occupy any growing or storage facility and combined growing, storage or transfer facilities shall be prohibited. d. Isolation Distance. A Primary Caregiver facility shall be located no closer than 1,000 feet from any school, church, day care facility, park or dwelling. A Primary Caregiver facility shall be located no closer than 300 feet from any other Primary Caregiver facility. For the purposes of this paragraph, such distances shall be measured in a straight line from the front door of the Primary Caregiver facility to the building containing a school, church, day care facility, park or dwelling, in the first case; or between the front doors of two Primary Caregiver Facilities, in the second case. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-54 ARTICLE II GENERAL PROVISIONS �e. Dispensing Medical Marihuana. No medical marihuana shall be dispensed by the Primary Caregiver to Qualifying Patients at the Primary Caregiver facility. The Primary Caregiver shall deliver small quantities, not to exceed 2.5 ounces per Qualifying Patient, for the use of such Qualifying Patient and such delivery shall take place on private property away from public view. Any delivery vehicle used for such purposes shall be unmarked and not bear any emblem or sign that would indicate the nature of its cargo. f. Prohibited Activities. A Primary Caregiver Facility shall not be used as a medical marihuana dispensary or compassion club and no smoking or otherwise ingesting of medical marihuana shall be permitted on site. A Primary Caregiver Facility shall not bear any sign or emblem that would indicate the nature of the activity on site and any advertising a Primary Caregiver undertakes shall not disclose the location of the Primary Caregiver Facility. SECTION 233. KEEPING OF CHICKENS (Revised 5/5/12) 1. 2. 3. 4. 5. In the LDR, MDR and LA districts a maximum of four (4) hens may be kept per parcel, if kept in accord with this section. Roosters are prohibited. Slaughtering chickens outdoors shall be prohibited. Chickens shall be provided, and maintained within, a fully enclosed shelter located within the rear yard. Such enclosure shall be located in accord with rear setback standards for the respective districts but shall not be located closer than 25 feet to any side lot line. No chickens shall be kept on parcels with more than one dwelling. In the NA, RR, BR and AG districts, the keeping of chickens shall be permitted, if conducted in accordance with Generally Accepted Agricultural Management Practices as promulgated by the Department of Agriculture. SECTION 234 BED AND BREAKFAST 1. DEFINITION: Bed and Breakfast establishments are a private residence that offers sleeping accommodations to tourists and is the innkeeper's residence in which the innkeeper resides while renting the rooms to tourists. A Bed and Breakfast Establishment shall not be a home occupation. 2. REGULATIONS AND CONDITIONS: a. BASIC STANDARDS: It is the intent to establish reasonable standards for Bed and Breakfast establishments to assure that: 1) The property is suitable for transient lodging facilities. 2) The use shall be compatible with other allowed uses. 3) The impact of the establishment is no greater than that of a private home with house guests. 4) All bed and breakfast establishments must comply with all State laws relative to life safety. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-55 ARTICLE II GENERAL PROVISIONS �5) There is adequate site area and landscape buffering to accommodate the bed and breakfast, ancillary activities, and off-street parking without adversely impacting neighboring properties. 6) A bed and breakfast establishment containing four or more guest rooms shall be subject to a special land use review and approval by the Planning Commission utilizing the criteria and review standards contained within this section, as well as those found in Sections 600 through 602. Establishments with three or fewer rooms must obtain a Land Use Permit from the Office of Planning and Zoning. 7) All signs shall be in accordance with Section 215 Signs of this Zoning Ordinance. 8) All parking shall be in accordance with Article VII Off Street Parking and Loading Regulations of this Zoning Ordinance. 9) All landscaping and buffering shall be provided in accordance with Section 229 Landscaping and Buffering of this Zoning Ordinance. b. SPECIFIC STANDARDS: The following requirements together with any other applicable requirements of this Ordinance shall be complied with: 1) The minimum lot size shall be as pursuant to the District minimum for Single Family Dwellings. 2) Bed and Breakfast establishment shall be allowed on lots, sites, or parcels, including legal nonconforming lots, sites, or parcels, which do not meet the established lot or building site size requirements for the district in which they are allowed. 3) Parking; One (1) space per rental sleeping room plus two per owner occupant. 4) The establishment shall have at least two (2) exits to the outdoors. 5) The establishment shall be the principal dwelling unit on the property and shall be owner-occupied at all times. 6) The rooms utilized for sleeping shall be a part of the primary residential use and not specifically constructed for rental purposes. 7) The rental sleeping rooms shall have a minimum size of one hundred (100) square feet for each two (2) occupants with an additional thirty (30) square feet for each occupant to a maximum of four (4) occupants per room. 8) Use of snowmobiles, all-terrain vehicles or similar vehicles, boats and other marine equipment, in conjunction with the operation of the establishment shall be prohibited unless the recreational activities are included within a separate special land use approval by the Planning Commission for establishments with three or less guest rooms or included within the same special land use approval for establishments with four or more guest rooms. 9) The keeping of domestic pets of traveling tourists are prohibited. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-56 ARTICLE II GENERAL PROVISIONS �10) Special land use approval shall not be granted if the essential character of the lot or structure in terms of traffic generation or appearance will be changed substantially. 11) A site plan shall include a floor plan layout of the proposed structure drawn to a legible scale that shows the specific layout of the proposed facility in accord with the provisions of this Zoning Ordinance. 12) Prior to issuance of the special land use permit, per State statute, bed and breakfast establishments with more than eight guest rooms must provide evidence of obtaining the necessary Grand Traverse County Health Department license. 13) No outdoor guest accommodations in tents, yurts, Recreational Vehicles (RVs) or similar structures is permitted. 14) Accessory Dwelling Units (ADUs) may not serve as guest rooms. SECTION 235 ACCESSORY DWELLING UNIT (Revised 2/12/18 and 2/10/2020) INTENT AND PURPOSE: To permit accessory dwelling units in a manner that enhances single family residential neighborhoods, provides affordable housing options, and helps residents of East Bay Charter Township meet their housing needs. 1. GENERAL PROVISIONS: Accessory dwelling units shall be a permitted use by right for those parcels meeting the minimum lot area requirements of the LDR (low density residential), MDR (moderate density residential), HDR (high density residential), and EBC (east bay corners) zoning districts, subject to the owner occupant first receiving an approved land use permit from the zoning administrator. a. Accessory dwelling units shall be clearly an accessory use to an owner-occupied single-family dwelling. b. The owner-occupant shall meet the requirements for a principal residence tax exemption. c. A maximum of one (1) accessory dwelling unit shall be permitted per single family residential parcel. d. Applicants for an accessory dwelling unit located within the township’s growth boundary shall provide the zoning administrator with certification from the department of public works confirming both the water supply and sewage disposal facilities are adequate for the projected number of residents on the property from both the principal single-family dwelling and the accessory dwelling unit. e. Detached accessory dwelling units and those attached accessory dwelling units which function as a separate habitable unit shall have the required number of residential equivalent unit (REU) benefits and purchase any additional REU benefit(s) needed when served by the department of public works. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-57 ARTICLE II GENERAL PROVISIONS �f. Unless submitted with a proposed new principal single family dwelling, separate site plans, floor plans, and elevation drawings of the accessory dwelling unit shall be submitted with the application for a land use permit. g. The accessory dwelling unit shall be and remain registered with the Office of Planning & Zoning. h. Accessory dwelling units shall not be used as short-term rentals of less than 30 days. i. 3. The land use permit for an accessory dwelling unit shall be subject to revocation upon a finding by the zoning administrator of noncompliance with the provisions and requirements contained within Section 234. DESIGN REQUIREMENTS: a. An accessory dwelling unit may be incorporated into either an existing singlefamily dwelling or a new single-family dwelling. b. In no case shall an accessory dwelling unit be less than 250 square feet in floor area, nor shall exceed 52 percent of the floor area or 1,000 square feet in floor area, whichever is less, of the principal single-family dwelling. c. One (1) additional off-street parking space shall be required for an accessory dwelling unit which is incorporated into a single-family dwelling. Two (2) additional off-street parking spaces shall be required for a detached accessory dwelling unit. d. Accessory dwelling units shall be designed, constructed, and maintained in a manner which is architecturally consistent and harmonious with the principal single-family dwelling. e. Exterior stairways shall be prohibited for accessory dwelling units. Any entrance for an accessory dwelling unit shall not face the road unless the entrance existed prior to the accessory dwelling unit being proposed. Section 236 Mobile Food Vehicles and Courts (Revised 2/20/21) INTENT AND PURPOSE: The provisions of this section are intended to promote diversification of the Township’s economy and employment opportunities and support the incubation and growth of entrepreneurial and start-up businesses while addressing unique regulation challenges posed by food trucks. STANDARDS 1. The use shall be located on private property at least one hundred fifty (150) feet from any residential zone districts and/or residentially used land and at least three hundred (300) feet from any primary or secondary school facilities. 2. All setbacks as required in the underlying zoning district must be met. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-58 ARTICLE II GENERAL PROVISIONS �3. The use shall not impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk. 4. Hours of operation are 7:00 a.m. to 10:00 p.m. 5. Sales are limited to food and non-alcoholic beverages. 6. Signs must be permanently affixed to or painted on the mobile food vehicle. 7. All waste generated on-site shall be collected in clearly marked covered receptacles; liquid wastes used in the operation may not be discharged from the mobile food vehicle. 8. If there are three (3) or more mobile food vehicles, the use would be considered a Mobile Food Court, and the site plan must address the following: a. Restroom facilities shall be provided b. Site layout must comply with all applicable parking regulations in Article VII c. Site layout must comply with all applicable outdoor lighting requirements in Section 210. PERMIT REQUIRED Permits issued by the East Bay Charter Township Office of Planning & Zoning office shall be valid for the property for which they are issued. APPLICATION FOR PERMIT A. Any property owner desiring to host a mobile food vehicle in East Bay Township shall submit a completed application to the Office of Planning & Zoning and receive a permit issued by that office. B. Licenses for individual mobile food vehicles will be approved by the Office of Planning & Zoning. Applications for a Mobile Food Court will be reviewed and approved by the Planning Commission. C. The application for a permit shall be accompanied by a fee as set by Township Board Resolution. D. Mobile food vehicle operators must comply with all local public health department regulations for food service establishments as well as with all other applicable local, state, and federal regulations. E. All mobile food vehicles and mobile food courts must have approval by Grand Traverse Metro Fire Department. F. The primary applicant shall be the owner of the property. G. The permit shall be visibly displayed on site during active operations. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-59 ARTICLE II GENERAL PROVISIONS �SECTION 237 ZONING LOTS OR PARCELS (Revised 11/20/21) Any lots or parcels combined as a lot as defined in Article 14 of this Zoning Ordinance or amendments thereto, having a single tax identification number, shall not be divided so as to leave remaining a lot or parcel with, dimensional or area requirements below those stated in this Zoning Ordinance or any amendment thereto. If the lots when combined still do not meet area or dimensional requirements established by this Zoning Ordinance or any amendment thereto, then the combined lots or parcels or portions thereof may be used as one nonconforming lot of record under this Zoning Ordinance or any amendment thereto. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE II-60 ARTICLE II GENERAL PROVISIONS �ARTICLE III ZONING DISTRICTS, USES TABLE AND MAP SECTION 300 DIVISION INTO DISTRICTS (Revised 6/12/17) For purposes of this Ordinance the unincorporated area of East Bay Township are divided into the following districts: LDR Low Density Residential MHC High Density Residential, MDR Moderate Density Residential Mfg. Housing Community IND Industrial HDR High Density Residential AG Agriculture RR Rural Residential LA Lakes Area LB Local Business BR Boardman River RB Regional Business NA Natural Area VC Village Center AS AS Airport Services PNR Pocket Neighborhood Residential SECTION 301 PO Airport Services Professional Office ZONING MAP The areas assigned to the districts are shown upon the map entitled "East Bay Township Zoning Map" as amended through January 27, 2014 which is hereby made a part of this Ordinance. (page III-2). Said map shall at all reasonable times be available for examination and shall be kept with the records of the Township Clerk. (Revised 1/27/14) SECTION 302 DESCRIPTIONS OF ZONING DISTRICTS These districts shall be as outlined and described on the zoning map and any boundary disputes shall be resolved by the Zoning Board of Appeals by interpretation of said map. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE III-1 ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP �East Bay Charter Township Acme Twp _J Grand Trave r se County, Michi g an Zoning Effective: May 22, 2003 as amended through January 27, 2014 C3 Mitchell and Baker Creek Overlay District W 100' Stream Buffer D C:=) LDR, Low Density Residential ~ MDR, Moderate Density Residential - - LB , Local Business ~ HDR, High Density Residential ~ 8":' rt - - RR, Rural Residential CJD LA, Lakes Area (1) ~ AG, Agricultural rt (1) H NA, Natural Area ~ BR, Boaulman River "d - - EBC, East Bay Comers I -- ji.rr~i5I~~lrr~~~;;~~m 11; ~~Oh--- II I J II ,, l_',1t"."'/".h~..;_'t-i;."'/':-:-:-',t--+-----;-----1 I I - -----------~- Il ~ MHC, High Density Residential & Manufactured Housing The undersigned hereby certify this map as the official adopted zoning map of East Bay Charter Township C ;:I ..... 0 ;::i t "d ro ~ RB, Regional Business - - IND, Industrial II II I I II ;.., ....... - - PO, Professional Office Glen Lile Township Supervisor Susanne M. Courtade Township Clerk Date 1 inch = 4,000 fee t 0 EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE III-1 ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP 2,000 4,000 8,000 •-====--===------• ITTTJ Feet Williams &..,Works �SECTION 303 LAND USE TABLE (Revised 1/27/14, 12/24/16, 6/12/17, 5/14/18, 2/10/2020, 2/20/2021, 11/20/21, 5/23/22) Table 3-1 Table of Land Uses summarizes the applicable regulatory standards for the land uses governed under this Zoning Ordinance. It is provided for expeditious reference. However, it should not be substituted for careful reference to the specific language of this ordinance. EAST BAY TOWNSHIP Table 3-1 Uses Permitted by Right and Special Land Use Permit (R=Use by Right; SLU=Use Permitted as Special Land Use; * Indicates districts in which certain uses do not require site plan review by the Planning Commission, however such uses may require review by the Zoning Administrator) USES Accessory Bldg. ≤ footprint principal structure Accessory Bldg. ≤ 150% of principal structure footprint on parcels of less than 40,000 sq. ft Accessory Bldg. ≤ 150% of principal structure footprint on parcels of 40,000 sq. ft. or more Accessory Bldg. > 150% of the principal structure footprint Accessory Uses, Rel. to uses permitted by right Adult Businesses Agricultural Service Establishment Airport Animals Antique Store Appliance, repair and sales Architecture, Design & Engineering Bakery or Confectionery Shop Bank Bed & Breakfast with 3 or less guest rooms Bed & Breakfast with 4 to 10 guest rooms Billboards Boat, Motor Sales & Repair EAST BAY TOWNSHIP ZONING ORDINANCE LDR R* MDR R* HDR R* MHC R* RR R* LB R* EBC R* RB R* PO R* IND R* AG R* SLU SLU SLU SLU SLU SLU SLU SLU SLU SLU SLU R* R* SLU SLU R* R* SLU SLU SLU R* SLU SLU SLU SLU SLU SLU SLU SLU SLU R* R R* LA R* BR R* NA R* R* R* R* R* SLU SLU SLU SLU SLU R R R R R SLU R R R R R R SLU SLU SLU SLU R R R SLU SLU R R R R R R R SLU SLU ARTICLE III- 3 ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP R R SLU SLU SLU AS PNR R R R R R R R R R �USES Book Store Building, Electrical, Mechanical & Plumbing Camps and Campgrounds Car Wash, connected to public sewer Cemeteries Civic Club Combinations of Uses Commercial Agriculture Commercial Establishments w/ DriveThru Commercial Recreation, assoc. w/ residential Commercial Recreation, skiing, golf Construction Equip. Sales & Supplies Convenience Store, excluding fuel service Day Care, Group 7-12 children Day Care Center or Child Care Center Drug Store Dwelling, Two-Family Dwelling, multiple Dwelling, single family detached Education Facilities Essential Service Facility, Major Essential Service Facility, Routine Fabrication & Assembly Farm, operations and farm buildings Fitness Center Floral Shop Forestry & Wildlife management Foster Care, Adult (7-12 residents) Foster Care, Adult (13+ residents) Galleries, art, craft and hobby stores Gasoline Station Gift & Souvenir Shop EAST BAY TOWNSHIP ZONING ORDINANCE LDR MDR HDR MHC RR SLU R SLU R/SL U3 LB EBC R SLU RB SLU SLU SLU R/SL U R/SL U R/SL U SLU SLU4 SLU SLU SLU SLU SLU SLU SLU SLU SLU R R R* SLU SLU R R* SLU SLU R R* SLU SLU R R* SLU SLU R* SLU SLU SLU R R R R R SLU SLU SLU SLU SLU SLU SLU R/SL U R/SLU BR NA SLU SLU SLU R SLU R R R R R SLU SLU SLU R R R R R R SLU R SLU SLU R* SLU SLU SLU R R R* R* R* R SLU2 2 R R R R SLU ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP PNR R SLU R AS R R R SLU R R R LA SLU SLU SLU AG R R R SLU R R IND R R SLU SLU R ARTICLE III- 4 PO R R R R R R R R R R �USES Golf Courses, and related accessory uses Gravel Pit Greenhouses & Nurseries Grocery Store, without gasoline pump Grouped Housing, multi-family Hardware Store Home Occupation Hotels & Motels Industrial Clustered Sub-Division Jewelry Store Keeping of Horses Kennels & Animal Clinic Laboratories Laundromat Laundry & Dry Cleaning Establishment Limited Retail Sales Lodging and Boarding House Manufactured Housing Community Manufacturing & Processing Marinas, uses incidental thereto Medical Marihuana Primary Caregiver Facility Mini-Warehouse, Self-Store 8K sq ft, or less Mobile Food Court Mobile Food Vehicle Mini-Warehouse, more than 8k sq ft Mortuary Neighborhood Local Business Nursing Home Office Clustered Sub-Division Outdoor storage, up to 4 Recreation Vehicles Packaging, Canning & Bottling Party, Drugs and Notions Store Permanent Docks Personal Services EAST BAY TOWNSHIP ZONING ORDINANCE LDR R MDR HDR MHC RR R R R R R R R R R LB EBC R R R R R R SLU R R R R SLU R R R RB PO R SLU R SLU R R R* R R R ARTICLE III- 5 R* R R R R R R R R R R R R R R R R R ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP SLU SLU R R* R* R SLU R R R AS R SLU R NA R R R R* BR SLU SLU R* LA R R R SLU AG R SLU R R SLU IND R* R* R R R* R* R R R R R R* PNR R �USES Personal Wireless Communication Facilities Photographic, developing, sales & supplies Places of Public Assembly, Large & Small Planned Unit Development Printing, Publishing & Allied Industries Professional Offices Publicly and privately owned and operated parks, preserves, openspace, and conservation areas Public Recreational Facility, excluding carnival Publicly Owned Bldgs, exchanges, util. Office Purchase of Development Rights (PDR) Recreation Facilities Recreation, accessory to industry Research, Development & Testin Restaurant Roadside Stands Seasonal Merchandise Sales Shore Improvements Shore Structures Showroom for Office & Building Trades Sporting, Recreation & Bicycle Shop Studio for performing and graphic arts Subdivision, Plat or Condominium – Residential Subdivision - Cluster, Plat or Condominium – Residential Subdivision, Plat or Condominium – Commercial Subdivision – Cluster, Plat or Condominium - Commercial Subdivision, Plat or Condominium Industrial EAST BAY TOWNSHIP ZONING ORDINANCE LDR SLU5 MDR HDR MHC RR SLU LB SLU EBC RB SLU PO SLU IND SLU AG SLU LA SLU BR SLU NA SLU R AS R SLU SLU SLU SLU SLU R R R SLU SLU SLU SLU SLU SLU SLU SLU SLU R R R R R R R R R R R SLU SLU R R SLU SLU SLU SLU R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R* R* R R R1 R R1 R R1 R R1 R R R R R R R R R R ARTICLE III- 6 R R R R PNR ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP R �USES Subdivision – Cluster, Plat or Condominium – Industrial Subdivision, Plat or Condominium – Office Subdivision – Cluster, Plat or Condominium – Office Temporary Docks Township Uses Uses Similar to Uses Permitted by Right Vehicle Repair Facilities Video Store Walkways, elevated, open or enclosed Warehousing. Products produced on premises Wearing Apparel, Accessory & Shoe Store LDR MDR HDR SLU MHC RR LB R R R EBC R R R RB R PO IND R AG LA BR NA AS R R R R R R R R R SLU PNR R R R R R R Notes* 1 Within the Forest Lakes Overlay District, residential subdivisions consisting of two or more residential building sites or two or more residential structures under any lawful form of ownership, including but not limited to ownership subject to or created under the Land Division Act or the Michigan Condominium Act, whether undertaken as cluster or traditional form shall be treated as special land uses Subject to the terms of Article VI, pursuant to Section 231. 2 Major Essential Service Facilities shall not be permitted within the Forest Lakes Overlay area as defined in Section 231. 3 Two Family Dwellings shall be permitted by right in the LDR district only in the Windcrest Hills, Earlington Hills and Chateau Heights Plats, and as special land uses as provided in Section 644. 4 Excluding drive-through restaurants in the EBC district. 5 Only Personal Wireless Service Facilities not exceeding 75’ in height, no closer than four times its height from any residence, on a parcel containing nonresidential uses are eligible for special land use approval consideration in the low density Residential (LDR) zoning district and may be required to be designed to conceal the Personal Wireless Service Facility in an existing structure, where possible, or otherwise use camouflage or other aesthetic screening techniques to minimize the structure and to assist in blending it within its surroundings. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE III- 7 ARTICLE III ZONING DISTRICTS, USES TABLE AND ZONING MAP �LDR ARTICLE IV DISTRICT STANDARDS SECTION 401 LOW DENSITY RESIDENTIAL DISTRICT, LDR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 1 ARTICLE IV DISTRICT USES �ARTICLE IV DISTRICT USES SECTION 400 RESIDENTIAL DISTRICT USES Buildings and/or lots within Residential districts shall be used as follows; SECTION 401 1. ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ * ♦ ♦ ♦ ♦ ♦ LOW DENSITY RESIDENTIAL DISTRICT, LDR (Revised 5/14/18) INTENT. The LDR Low Density Residential District is intended to provide for an environment of predominantly moderate-density, one-family detached dwellings along with other residentially-related facilities which serve the residents in the district. PERMITTED USES Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) Accessory dwelling units subject to section 234 (Revised 2/12/18) Dwelling, detached single family * Dwelling, Two-Family in Windcrest Hills, Earlington Hills and Chateau Heights Platted subdivisions only. Essential Service Facility, Routine Golf courses and related accessory uses Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. Home occupations subject to Section 217* Public parks Bed and Breakfast* three or less guest rooms, subject to Section 234 (Revised 2/10/2020) Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ SPECIAL LAND USES Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) Cemeteries Dwelling, Two-Family, subject to Section 644 (Revised 7/9/12) Essential Service Facility, Major Group Day Care (7-12 children) Education Facilities Places of public assembly, large and small, subject to Section 636 Planned Unit Developments, subject to Section 637 Township Uses Bed and Breakfast* four to ten guest rooms, subject to Section 234 (Revised 2/10/20) ADDITIONAL STANDARDS Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings and home occupations Parking and Loading requirements subject to Article VII Signage requirements subject to Section 215 Lighting requirements, subject to Section 210 Landscaping and Buffering requirements, subject to Section 229 EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 2 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS ♦ Minimum Lot Area: 12,000 sq. ft ♦ Minimum Lot Area w/o Community Water and Sewer: 40,000 sq. feet ♦ Minimum Lot Width: 100 ft. ♦ Minimum Lot Width w/o Community Water and Sewer: 150 ft. ♦ Maximum Dwelling Units/Acre: 3 (plus one accessory dwelling unit) (Revised 2/12/18) ♦ Maximum Dwelling Units/Acre w/o Community Water and Sewer: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: (a) Front: 30 ft. Side: 10 ft. (each side) Rear: 35 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Floor Area: 768 sq. ft. ♦ Minimum Living Space Dimensions: 24’ x 24’ Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum for properties located on Grand Traverse Bay. (a) (b) LDR DISTRICT 35’/45’(b), (f) Minimum Rear Yard Setback GARAGE DECK 10’ 10’ Minimum Side Yard Setback HOUSE Accessory Building 30’ Minimum Front Yard Setback R/W Driveway Lot Line Minimum Lot Width 100 ft. Minimum Lot Size 12,000 sq. Ft. Impervious Surface Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 3 ARTICLE IV DISTRICT USES �2. USES PERMITTED BY RIGHT: A building or parcel within the LDR district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Essential Service Facility, Routine c. Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 and Cluster Subdivision, subject to the provisions of Section 226. d. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. e. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) f. Golf courses and related accessory uses. g. Home occupations; conforming to the provisions of Section 217, subject to the provisions of Section 226. Such uses shall not require site plan review. h. Dwelling, Two-Family in the Windcrest Hills, Earlington Hills and Chateau Heights Platted subdivisions only, subject to the following schedule regulating density by parcel size and width. i. Accessory dwelling units pursuant to section 234. (Revised 2/12/18) Parcel Dwelling Units Area Width 2 40,000 sq. ft. 150 ft. 3 48,000 sq. ft. 200 ft. 4 48,000 sq. ft. 210 ft. 5 6 60,000 sq. ft. 72,000 sq. ft. 220 ft. 230 ft. 7 84,000 sq. ft. 240 ft. 8 96,000 sq. ft. 250 ft. *Note: No more than one (1) multi-family building shall be permitted on any one (1) lot. j. 3. Commercial Recreation, skiing and golf. (Revised 2/10/20) SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603 (Revised 5/5/12) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 4 ARTICLE IV DISTRICT USES �b. Dwellings, Two-Family, subject to Section 644 (Revised 7/9/12) c. Places of public assembly, large and small, subject to Section 636 d. Cemeteries, subject to the provisions of Section 610 e. Education facilities, subject to the provisions of Section 619 f. Essential Service Facility, Major, subject to the provisions of Section 628 g. Group day care for 7 to 12 children, subject to the provisions of Section 616 h. Planned unit developments subject to the provisions of Section 637 i. Township uses, subject to the provisions of Section 645 j. Personal Wireless Service Facilities not exceeding 75’ in height, no closer than four times its height from any residence, on a parcel containing non-residential uses, subject to Section 624. 4. DIMENSIONAL STANDARDS: Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 5 ARTICLE IV DISTRICT USES �MDR ARTICLE IV DISTRICT STANDARDS SECTION 402 MODERATE DENSITY RESIDENTIAL DISTRICT, MDR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 6 ARTICLE IV DISTRICT USES �SECTION 402 1. MODERATE DENSITY RESIDENTIAL DISTRICT, MDR (Revised 5/14/18) INTENT. The MDR Residential District is intended to provide for an environment of predominantly moderate-density, one-family detached dwellings along with other residentially-related facilities which serve the residents in the this district. In areas of the Township not served with municipal infrastructure, the MDR district may include low-density patterns of development. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) ♦ Accessory dwelling units subject to section 234 (Revised 2/12/18) ♦ Bed & Breakfast facilities ♦ Dwelling, detached single family* ♦ Essential Service Facility, Major ♦ Dwelling, Two-Family (Revised 7/9/12) ♦ Foster Care, Adult (7-12 residents), subject to Section 622 ♦ Essential Service Facility, Routine ♦ Group Day Care (7-12 children) ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. ♦ Education Facilities ♦ Places of public assembly, large and small, subject to Section 636 ♦ Planned Unit Developments, subject to Section 637 ♦ Bed and Breakfast * four to ten guest rooms, subject to Section 234 (Revised 2/10/20) ♦ Dwelling, multiple family housing ♦ Home occupations subject to Section 217* ♦ Public parks ♦ Bed and Breakfast * three or less guest rooms, subject to Section 234 (Revised 2/10/20) Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. * ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings and home occupations. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 7 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS (Revised 12/31/08 and 5/23/2022) ♦ Minimum Lot Area: 8,000 sq. ft. (plus 7,500 sq. ft. for each additional unit on the same parcel) ♦ Minimum Lot Area w/o Community Water and Sewer: 40,000 sq. ft ♦ Minimum Lot Width: 80 ft. ♦ Minimum Lot Width w/o Community Water and Sewer: 150 ft. ♦ Maximum Dwelling Units/Acre: 5 (plus one accessory dwelling units) (Revised 2/12/18) ♦ Maximum Dwelling Units/Acre w/o Community Water and Sewer: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Maximum Building Height w/o Community Water and Sewer: 1 ♦ Minimum Building Setbacks (a) Front: 25 ft. Side: 8 ft. (each side) Rear: 25 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Floor Area (One Family): 768 sq. ft. ♦ Minimum Floor Area (Two Family): 576 sq. ft. ♦ Minimum Floor Area (Multi-Family): 400 sq. ft. Minimum Living Space Dimensions: 24’ x 24’ Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. (b) The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. ♦ (a) MDR DISTRICT Minimum Rear Yard Setback 25’ (ab) DECK 8’ GARAGE 8’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 25’ Minimum Front Yard Setback ya w ve riD Minimum Lot Width 80 ft. R/W Minimum Lot Size 8,000 sq. Ft. Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 8 Impervious Surface ARTICLE IV DISTRICT USES �2. USES PERMITTED BY RIGHT: A building or parcel within the MDR district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review b. Dwelling, Two-Family (Revised 7/9/12) c. Essential Service Facility, Routine d. Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 and Cluster Subdivision, subject to the provisions of Section 226 e. Multiple family dwellings f. Publicly and privately owned and operated parks, preserves, open space, and conservation areas g. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) h. Home occupations; conforming to the provisions of Section 217. Such uses shall not require site plan review. 3. i. Accessory dwelling units pursuant to section 234 (Revised 2/12/18) SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Revised 5/5/12) b. Bed & Breakfast facilities, subject to the provisions of Section 606. c. Essential Service Facility, Major, subject to the provisions of Section 628 d. Places of public assembly, large and small, subject to the provisions of Section 636. e. Education facilities, subject to the provisions of Section 619 f. Foster Care, Adult (serving 7 to 12 residents), subject to the provisions of Section 622. g. Group day care for 7 to 12 children, subject to the provisions of Section 616. 4. h. Planned unit developments subject to Section 637 DIMENSIONAL STANDARDS: Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 9 ARTICLE IV DISTRICT USES �HDR ARTICLE IV DISTRICT STANDARDS SECTION 403 HIGH DENSITY RESIDENTIAL DISTRICT, HDR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 101 ARTICLE IV DISTRICT USES �SECTION 403 1. HIGH DENSITY RESIDENTIAL DISTRICT, HDR (Revised 5/14/18) INTENT. The HDR, High Density Residential District is intended to provide for an environment of predominantly moderate-density, one-family detached dwellings along with other residentially-related facilities which serve the residents in the this district. In addition, the district may accommodate two-family, multiple family and conservation cluster design communities. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal structure * ♦ Accessory buildings with floor area greater than the footprint of the principal structure ♦ Accessory dwelling units subject to section 234 (Revised 2/12/18) ♦ Bed & Breakfast facilities ♦ Group Day Care (7-12 children) ♦ Dwelling, detached single family * ♦ Day Care Center or Child Care Center ♦ Dwelling, two-family (Revised 7/9/12) ♦ Education Facilities ♦ Dwelling, multiple family ♦ Essential Service Facility, Major ♦ Essential Service Facility, Routine ♦ ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance Foster Care, Adult (7+ residents) subject to Section 622 ♦ Mini-warehouse, of 8,000 sq. ft. or less ♦ Places of public assembly, large and small, subject to Section 636 ♦ Planned Unit Developments, subject to Section 637 ♦ Bed and Breakfast * four to ten guest rooms, subject to Section 234 (Revised 2/10/20) ♦ Home occupations subject to Section 217* ♦ Lodging and boarding houses ♦ Nursing home ♦ Public parks ♦ Bed and Breakfast * three or less guest rooms, subject to Section 234 (Revised 2/10/20) Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. * ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings and home occupations. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 111 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS (Revised 12/31/08, 7/13/2020, and 5/23/22) ♦ Minimum Lot Area, 1st unit: 5,500 sq. ft. (Plus 4,800 sq. ft. for each additional unit on the same parcel) ♦ Minimum Lot Area w/o Community Water and Sewer: 40,000 sq. ft. ♦ Minimum Lot Width: 60 ft. ♦ Minimum Lot Width w/o Central Water and Sewer: 150 ft. ♦ Maximum Dwelling Units/Acre: 8 (Plus one accessory dwelling unit) (Revised 2/12/18) ♦ Maximum Dwelling Units/Acre w/o Central Water and Sewer: 1 ♦ Maximum Building Height: 3 stories, or 40’ (Revised 07/24/20) ♦ Minimum Building Setbacks: (a) Front: 20 ft. Side: 6 ft. (each side) Rear: 25 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Floor Area (One Family): 768 sq. ft. ♦ Minimum Floor Area (Multi-Family): 400 sq. ft. ♦ Minimum Living Space Dimensions: 12’ width Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. (a) (b) HDR DISTRICT Minimum Rear Yard Setback 25’ (ab) DECK 6’ GARAGE 6’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 20’ Minimum Front Yard Setback ayw ev ir D Minimum Lot Width 60 ft. R/W Minimum Lot Size 5,500 sq. Ft. Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 121 Impervious Surface ARTICLE IV DISTRICT USES �2. 3. 4. USES PERMITTED BY RIGHT: A building or parcel within the HDR district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Dwelling, two-family (Revised 7/9/12) c. Dwelling, multiple family d. Essential Service Facility, Routine e. Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 and Cluster Subdivision, subject to Section 226. f. Lodging and boarding houses g. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. h. Accessory buildings provided the area of the footprint of the accessory building is less than or equal to that of the principal structure on the parcel. Such uses shall not require site plan review. i. Home occupations; conforming to the provisions of Section 217. Such uses shall not require site plan review. j. Nursing home k. Accessory dwelling units subject to section 234. (Revised 2/12/18) SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings where the area of the footprint of the accessory building is greater than that of the principal structure on the parcel, subject to the provisions of Section 603. b. Bed & Breakfast facilities, subject to the provisions of Section 606. c. Places of public assembly, large and small, subject to Section 636. d. Education facilities, subject to the provisions of Section 619. e. Essential Services Facility, Major, subject to the provisions of Section 628 f. Foster Care, Adult (serving 7 or more residents), subject to the provisions of Section 622. g. Group day care for 7 to 12 children, subject to the provisions of Section 616. h. Day Care Center or Child Care Center, subject to the provisions of Section 617. I. Mini-warehouse of no more than 8,000 square feet, subject to the provisions of Section 630. j. Planned unit developments subject to Section 637 DIMENSIONAL STANDARDS: Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 131 ARTICLE IV DISTRICT USES �RR ARTICLE IV DISTRICT STANDARDS SECTION 404 RURAL RESIDENTIAL DISTRICT, RR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 141 ARTICLE IV DISTRICT USES �SECTION 404 1. RURAL RESIDENTIAL DISTRICT, RR (Revised 5/14/18) INTENT. This district is intended to establish and maintain an alternate residential environment predominantly for single family dwellings in accessible rural areas in moderately low densities. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) ♦ Dwelling, detached single family * ♦ Group Day Care (7-12 children) ♦ Essential Service Facility, Routine ♦ Education Facilities ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. ♦ Essential Service Facility, Major ♦ Foster Care, Adult (7-12 residents), subject to Section 622 ♦ Mini-warehouse, self storage up to 8,000 sq. ft., subject to Section 630 ♦ Personal wireless facilities, subject to Section 624 ♦ Places of public assembly, large and small, subject to Section 636 ♦ Planned Unit Developments, subject to Section 637 ♦ Bed and Breakfast * four to ten guest rooms, subject to Section 234 (Revised 2/10/20) ♦ Greenhouses & Nurseries (Revised 1/8/08) ♦ Home occupations subject to Section 217* ♦ Keeping of animals* ♦ Outdoor storage of up to 4 RVs* ♦ Public parks ♦ Purchase of Development Rights ♦ Bed and Breakfast * three or less guest rooms, subject to Section 234 (Revised 2/10/20) Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. * ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings and home occupations ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229 EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 151 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS ♦ Minimum Lot Area: 40,000 sq. ft. ♦ Minimum Lot Width: 150 ft. ♦ Maximum Dwelling Units/Acre: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: (a) Front: 30 ft. Side: 10 ft. (each side) Rear: 35 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Living Space Dimensions: 24’ x 24’ ♦ Minimum Floor Area (One Family): 768 sq. ft. Minimum Floor Area (Two-Family): 576 sq. ft. (a) Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. (b) The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. ----=- RR DISTRICT Minimum Rear Yard Setback 35’ (ab) DECK 10’ GARAGE 10’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 30’ Minimum Front Yard Setback y a w ev ir D Minimum Lot Width 150 ft. R/W Minimum Lot Size 40,000 sq. Ft. Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 161 Impervious Surface ARTICLE IV DISTRICT USES �2. USES PERMITTED BY RIGHT: A building or parcel within the RR district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Essential Service Facility, Routine. c. Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 and Cluster Subdivision, subject to the provisions of Section 226. d. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. e. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) f. Home occupations; conforming to the provisions of Section 217. Such uses shall not require site plan review. g. Greenhouses and nurseries. (Revised 1/8/08) h. Animals; raising, grazing, feeding or training, boarding and/or stabling. This includes the keeping of horses. No enclosure or space for the disposing of pelt producing animals, pelts, carcasses or waste products shall be located less than 1,000 feet from any adjoining property and/or highway right-of-way. Such uses shall not require site plan review. 3. i. Outdoor storage of up to four (4) recreation vehicles. Such uses shall not require site plan review. j. Purchase of Development Rights, subject to review and approval of the Planning Commission for consistency with the East Bay Township Master Plan. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Rev 5/5/12). b. Places of public assembly, large and small, subject to Section 636. c. Education facilities, subject to the provisions of Section 619. d. Essential Service Facility, Major, subject to the provisions of Section 628 e. Foster Care, Adult, serving 7 to 12 residents, subject to the provisions of Section 622. f. Group day care for 7 to 12 children, subject to the provisions of Section 616. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 171 ARTICLE IV DISTRICT USES �g. Mini-warehouse, self storage of up to 8,000 square feet, subject to the provisions of Section 630. h. Personal wireless facilities, subject to the provisions of Section 634. i. 4. Planned unit developments subject to the provisions of Section 637 DIMENSIONAL STANDARDS: Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 181 ARTICLE IV DISTRICT USES �LA ARTICLE IV DISTRICT STANDARDS SECTION 405 LAKES AREA DISTRICT, LA EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 191 ARTICLE IV DISTRICT USES �SECTION 405 1. LAKES AREA DISTRICT, LA (Revised 5/14/18 and 11/20/21) INTENT: This district is intended to establish and maintain a low intensity residential and recreational environment predominantly for single family dwellings in accessible rural areas adjacent to the inland lakes of the Township. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) ♦ Accessory uses related to uses permitted by right ♦ Bed and Breakfast ♦ Dwelling, detached single family* ♦ Boat and Motor Sales & Repair ♦ Essential Service Facility, Routine ♦ Camps and 11/20/21) ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance** ♦ Essential Service Facility, Major ♦ Mini-warehouse, self storage of 8,000 sq. ft or less ♦ Neighborhood Local Business ♦ Personal Wireless Communication Facilities ♦ Planned Unit Developments, subject to Section 637 ♦ Bed and Breakfast * four to ten guest rooms, subject to Section 234 (Revised 2/10/20) ♦ Home occupations subject to Section 217* ♦ Keeping of horses* ♦ Outdoor storage of up to 4 R.V.s* ♦ Permanent and temporary docks* ♦ Public parks ♦ Shore improvements* ♦ Shore structures* ♦ Township uses ♦ Bed and Breakfast * three or less guest rooms, subject to Section 234 (Revised 2/10/20) Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. Within the Forest Lakes Overlay, such uses shall be treated as special land uses, subject to the provisions of Article VI, pursuant to Section 231 (Revised 12/8/08) * ** EAST BAY TOWNSHIP ZONING ORDINANCE Campgrounds (Revised ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings, home occupations, keeping of horses, outdoor storage of up to 4 R.V.s, docks, shore structures and improvements. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. ARTICLE IV- 201 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS ♦ Minimum Lot Area: 40,000 sq. ft. ♦ Minimum Lot Width: 150 ft. ♦ Maximum Dwelling Units/Acre: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks (a) Front: 30 ft. Side: 10 ft. (each side) Rear: 35 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Living Space Dimensions: 24’ x 24’ ♦ Minimum Floor Area (One Family): 768 sq. ft. Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. (a) (b) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 21 ARTICLE IV DISTRICT USES �LA DISTRICT Stre am Or L ake 50’ Lake area Minimum Rear Yard Setback GARAGE DECK 10’ 10’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 30’ Minimum Front Yard Setback y a w ev riD .. Minimun Lot Width 150/200’ R/W (e) Minimum lot Size 40,000 Sq. Ft. Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 221 Impervious Surface ARTICLE IV DISTRICT USES �2. USES PERMITTED BY RIGHT. A building or parcel within the LA district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Accessory uses related to uses permitted by right, subject to the provisions of Section 221 c. Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance; provided, however, that within the Forest Lakes Overlay, residential subdivisions consisting of two or more residential building sites or two or more residential structures under any lawful form of ownership, including but not limited to ownership subject to or created under the Land Division Act or the Michigan Condominium Act, whether undertaken as cluster or traditional form shall be treated as special land uses Subject to the terms of Article VI, pursuant to Section 231. (Revised 12/8/08) d. Camps and Campgrounds e. Essential Service Facility, Routine f. Publicly and privately owned and operated parks, preserves, open space, and conservation areas g. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) h. Home occupations; conforming to the provisions of Section 217. Such uses shall not require site plan review. i. Keeping of horses. On parcels of over five (5) acres in area, the keeping of horses of the occupant shall be determined an accessory use, provided that all horses shall be properly housed and fenced so as not to be a public nuisance, and provided further, that at no time shall there be more than one horse for the first five (5) acres of land, or more than one additional horse for each acre of land in excess of five (5) acres. Such uses shall not require site plan review. j. Outdoor storage of up to four (4) recreation vehicles. Such uses shall not require site plan review. k. Shore Structure. Boat Access Sites for Multiple Boats as defined in this Zoning Ordinance shall not be permitted. Boat Docks can be either permanent or seasonal as follows and Such uses shall not require site plan review. 1) Permanent Docks. The permanent placement of reasonably sized docks are permitted, providing that State of Michigan approval and Grand Traverse County approval (where applicable) has been obtained. A Township permit is not required before placement. 2) Temporary/Seasonal Docks. The seasonal placement of a reasonably sized dock which is consistent with adjoining docks and which does not adversely impact on the public's usage of the water is permitted and does not require a Township permit. Seasonal docks, deck structures, and swimming platforms EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 231 ARTICLE IV DISTRICT USES �3. must be removed each year prior to ice cover. l. Shore Improvements. Beach Improvements such as shoreline fill, retaining walls, seawall, and similar shoreline stabilization uses are permitted, providing that State and County permits are obtained. Township permits are not required for these improvements and Such uses shall not require site plan review. m. Township uses. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Revised 5/5/12) 4. 5. 6. 7. b. Bed & Breakfast facilities, subject to the provisions of Section 606. c. Boat and Motor Sales and Repair, subject to the provisions of Section 623. d. Essential Service Facility, Major, subject to the provisions of Section 628, if located outside the Forest Lakes Overlay. e. Mini-warehouse, self-storage less than 8,000 square feet, subject to the provisions of Section 630. f. Neighborhood local business, subject to the provisions of Section 633. g. Personal wireless communication facilities, subject to the provisions of Section 634. h. Planned unit developments subject to the provisions of Section 637. DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. Minimum Water Frontage for lots and parcels that contain water frontage is 100 feet. LEGAL LOTS OF RECORD. Legal lots of record in existence as of the adoption of this Ordinance may be improved regardless of whether such lots meet the dimensional standards of this ordinance. EXCLUDED USES: No stockyard, slaughter house or meat or pelt processing establishment shall be located in district. Also excluded are multiple family dwellings and developments, keyhole developments, multi-boat access sites, access lots, and access easements designed specifically to provide waterfront pedestrian and boat access to persons who do not have ownership of a waterfront parcel. Provided, however, that common open space in a development approved pursuant to Sections 225, 226 or 637 hereof, may include shoreline or stream corridor areas preserved in a perpetually undisturbed state and with any access to water limited to nothing more intense than walk-in use. (Rev. 6/24/06) FOREST LAKES OVERLAY. The provisions of Section 231 shall apply within the Lakes Area district to properties located within an area located within five hundred EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 241 ARTICLE IV DISTRICT USES �(500) feet of the ordinary high watermark of Arbutus Lake, Spider Lake, Rennie Lake, High Lake, Chandler Lake, Vandervoight Lake, Indian Lake, Perch Lake, Spring Lake, George Lake, Tibbets Lake, and Bass Lake; and containing topographic contours such that stormwater from the parcel drains drain directly or indirectly into such lakes. (Revised 12/8/08) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 251 ARTICLE IV DISTRICT USES �BR ARTICLE IV DISTRICT STANDARDS SECTION 406 BOARDMAN RIVER DISTRICT, BR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 261 ARTICLE IV DISTRICT USES �SECTION 406 1. BOARDMAN RIVER DISTRICT, BR (5/14/18) INTENT. This district is intended to establish and maintain a low intensity residential and recreational environment predominantly for single family dwellings in accessible rural areas adjacent to the Boardman River and its related woodlands and wetlands. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) ♦ Dwelling, detached single family * ♦ Personal Wireless Communication Facilities ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. ♦ Planned Unit Developments, subject to Section 637 ♦ Essential Service Facility, Routine ♦ Forestry and Wildlife Management ♦ Home Occupations subject to Section 217* ♦ Keeping of horses* ♦ Outdoor storage of up to 4 R.V.s* ♦ Public parks ♦ Purchase of Development Rights ♦ Temporary Docks* ♦ * Public parks Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings, keeping of horses, outdoor storage of up to 4 R.V.s, and temporary docks. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 271 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS ♦ Minimum Lot Area: 40,000 sq. ft. ♦ Minimum Lot Area Within 400’ of the Boardman River: 2½ acres ♦ Minimum Lot Width: 150 ft. ♦ Minimum Lot Width Within 400’ of the Boardman River: 200 ft. ♦ Maximum Dwelling Units/Acre: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: (a) Front: 30 ft. Side: 10 ft. (each side) Rear: 35 ft. ♦ Maximum Lot Coverage: N/A ♦ Minimum Living Space Dimensions: 24’ x 24’ ♦ Minimum Floor Area (One Family): 768 sq. ft. Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. (a) BR DISTRICT Or Lake Stream 50’ Lake area 150’along Boardman River Minimum Rear Yard Setback DECK 10’ GARAGE 10’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 30’ Minimum Front Yard Setback Minimum Lot Width 150/200’ R/W Minimum lot Size 2.5 Acres or 40,000 sq. ft. Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 271 Impervious Surface ARTICLE IV DISTRICT USES �2. 3. 4. USES PERMITTED BY RIGHT. A building or parcel within the BR district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Accessory uses related to uses permitted by right, subject to the provisions of Section 221. c. Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. d. Essential Service Facility, Routine. e. Forestry and Wildlife Management. f. Home Occupations, subject to Section 217. Such uses shall not require site plan review. g. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. h. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) i. Keeping of horses. On parcels of over five (5) acres in area, the keeping of horses of the occupant shall be determined an accessory use, provided that all horses shall be properly housed and fenced so as not to be a public nuisance, and provided further, that at no time shall there be more than one horse for the first three (3) acres of land, or more than one additional horse for each acre of land in excess of three (3) acres. Such uses shall not require site plan review. j. Outdoor storage of up to four (4) recreation vehicles. Such uses shall not require site plan review. k. Purchase of Development Rights, subject to review and approval of the Planning Commission for consistency with the East Bay Township Master Plan. l. Temporary docks. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Rev. 5/5/12) b. Personal wireless communication facilities, subject to the provisions of Section 634 c. Planned unit developments subject to the provisions of Section 637 DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 281 ARTICLE IV DISTRICT USES �5. BOARDMAN RIVER REGULATIONS: The following applies to all parcels within 400 feet of the Boardman River. a. Minimum Lot Size is Two and One-half (2 ½) acres. Minimum Lot Width is 200 feet. Minimum Water Frontage for lots and parcels that contain water frontage is 100 feet. b. No structure shall be built within 150 feet from the water's edge on that portion of the Boardman River upstream from the Brown Bridge Dam or within 100 feet from the water's edge on that portion of said river downstream from the Brown Bridge Dam, except a deck when constructed with natural materials and parallel to the bank, not exceeding four (4) feet in width, ten (10) feet in length and under thirty (30) inches in height, and not protruding into the stream. A Township permit is required for this deck before construction. c. A managed vegetative strip shall be maintained for a depth of 75 feet measured from the water's edge on that portion of the Boardman River upstream from the Brown Bridge Dam and for a depth of 50 feet measured from the water's edge on that portion of the Boardman River downstream from the Brown Bridge Dam, trees and shrubs may be pruned for a filtered view of the river upon approval of the Zoning Administrator, but clear cutting in the natural vegetation strip is prohibited. The natural vegetation strip is also subject to the following provisions: 1) The vegetative strip shall consist of native trees, shrubs, and other vegetation and materials, except dead, diseased, unsafe, or fallen trees and noxious plants and shrubs, including poison ivy, poison sumac, and poison oak, which may be removed. 2) Selective removal or trimming of trees is permitted upon approval of the Zoning Administrator. The Zoning Administrator shall consider all relevant factors pertaining to the purpose of the vegetative strip which is to stabilize the river banks, prevent erosion, absorb nutrients in water runoff from adjacent lands, provide shading for the stream to maintain cool water temperature and screening of adjacent man-made structures. Chemical control of vegetation shall be prohibited within the managed vegetative strip. 3) No ponds shall be constructed, earth moved or surface soil removed for building, within the managed vegetative strip. 4) Fencing, grazing, riding trails and soil tilling for farm crops is prohibited within the managed vegetative strip. 5) The use of the managed vegetative strip for stock watering areas, stream crossing of horseback trails is subject to the approval of the Zoning Administrator which will require a plan from the Soil Conservation District as part of the requirement for use. 6) Utility lines; New distribution lines for utilities within the housing setback line shall be placed underground unless overhead lines are less disruptive to the environment. Brushy vegetation shall be restored in the disturbed area of the managed vegetative strip. Local service lines to private dwellings shall originate from the landward side of the dwelling. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 291 ARTICLE IV DISTRICT USES �6. 7) Chemical control of vegetation shall be prohibited within the managed vegetative strip. EXCLUDED USES: No stockyard, slaughter house or meat or pelt processing establishment shall be located in district. Also excluded are multiple family dwellings and developments, keyhole developments, multi-boat access sites, access lots, and access easements designed specifically to provide waterfront pedestrian and boat access to persons who do not have ownership of a waterfront parcel. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 301 ARTICLE IV DISTRICT USES �NA ARTICLE IV DISTRICT STANDARDS SECTION 407 NATURAL AREA DISTRICT, NA EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 311 ARTICLE IV DISTRICT USES �SECTION 407 1. NATURAL AREA DISTRICT, NA (Revised 5/14/18) INTENT. This district is intended to establish and maintain a low intensity residential and recreational environment predominantly for single family dwellings in the natural woodlands, forests and non-agricultural areas of the Township. PERMITTED USES SPECIAL LAND USES ♦ Accessory uses related to uses permitted by right ♦ Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Dwelling, detached single family * ♦ Essential Service Facility, Routine ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance.** ♦ Forestry and Wildlife Management ♦ Home Occupations, subject to Section 217* ♦ Keeping of horses* ♦ Outdoor storage of up to 4 R.V.s* ♦ Public parks ♦ Purchase of Development Rights ♦ Temporary Docks* ♦ Public parks * Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. ** Within the Forest Lakes Overlay, such uses shall be treated as special land uses, subject to the provisions of Article VI, pursuant to Section 231 EAST BAY TOWNSHIP ZONING ORDINANCE ♦ Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) ♦ Essential Service Facility, Major ♦ Personal Wireless Communication Facilities ♦ Planned Unit Developments, subject to Section 637 ♦ Camps and Campgrounds, subject to Section 646 (Revised 10/13/08) ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings, keeping of horses, outdoor storage of up to 4 R.V.s and temporary docks. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229 ARTICLE IV- 321 ARTICLE IV DISTRICT USES �I- DISTRICT REGULATIONS ♦ Minimum Lot Area: 5 acres ♦ Minimum Lot Width: 250 ft ♦ Maximum Dwelling Units/Acre: 0.2 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: (a) Front: 30 ft. Side: 10 ft. (each side) Rear: 35 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Living Space Dimensions: 24’ x 24’ ♦ Minimum Floor Area (One Family): 768 sq. ft. Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. (a) (b) NA DISTRICT Or L ake S tre a m 50’ Lake area Minimum Rear Yard Setback GARAGE DECK 10’ 10’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 30’ Minimum Front Yard Setback .. Minimum Lot Width 250’ R/W Minimum lot Size 5 acres Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 331 Impervious Surface ARTICLE IV DISTRICT USES �2. USES PERMITTED BY RIGHT. A building or parcel within the NA district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Accessory uses related to uses permitted by right, subject to the provisions of Section 221. c. Essential Service Facility, Routine d. Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance; provided, however, that within the Forest Lakes Overlay, residential subdivisions consisting of two or more residential building sites or two or more residential structures under any lawful form of ownership, including but not limited to ownership subject to or created under the Land Division Act or the Michigan Condominium Act, whether undertaken as cluster or traditional form shall be treated as special land uses Subject to the terms of Article VI, pursuant to Section 231. (Revised 12/8/08) e. Forestry and Wildlife Management f. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. g. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) h. Home Occupations, subject to Section 217. Such uses shall not require site plan review. i. Keeping of horses. On parcels of over five (5) acres in area, the keeping of horses of the occupant shall be determined an accessory use, provided that all horses shall be properly housed and fenced so as not to be a public nuisance, and provided further, that at no time shall there be more than one horse for the first three (3) acres of land, or more than one additional horse for each acre of land in excess of three (3) acres. Such uses shall not require site plan review. j. Outdoor storage of up to four (4) recreation vehicles. Such uses shall not require site plan review. k. Purchase of Development Rights, subject to review and approval of the Planning Commission for consistency with the East Bay Township Master Plan. 3. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Revised 5/5/12) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 341 ARTICLE IV DISTRICT USES �b. Essential Service Facility, Major, subject to the provisions of Section 628, if located outside the Forest Lakes Overlay. c. Personal wireless communication facilities, subject to the provisions of Section 634. d. Planned unit developments subject to the provisions of Section 637 e. Camps and Campgrounds subject to the provisions of Section 646 (Revised 10/13/08) 4. DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. 5. FOREST LAKES OVERLAY. The provisions of Section 231 shall apply within the Natural Area district to properties located within an area located within five hundred (500) feet of the ordinary high watermark of Arbutus Lake, Spider Lake, Rennie Lake, High Lake, Chandler Lake, Vandervoight Lake, Indian Lake, Perch Lake, Spring Lake, George Lake, Tibbets Lake, and Bass Lake; and containing topographic contours such that stormwater from the parcel drains drain directly or indirectly into such lakes. (Revised 12/8/08) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 351 ARTICLE IV DISTRICT USES �MHC ARTICLE IV DISTRICT STANDARDS SECTION 408 MANUFACTURED HOUSING COMMUNITY DISTRICT, LDR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 361 ARTICLE IV DISTRICT USES �SECTION 408 1. MANUFACTURED HOUSING COMMUNITY DISTRICT, MHC (Revised 10/25/16 and 5/14/18) INTENT. The MHC, Manufactured Housing Community is intended to provide for an environment of predominantly moderate-density, one-family detached dwellings along with other residentially-related facilities which serve the residents in the this district. In addition, the district may accommodate two-family, multiple family, manufactured housing communities and conservation cluster design communities. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal structure * ♦ Dwelling, detached single family * ♦ Dwelling, multiple family housing ♦ Essential Service Facility, Routine ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. ♦ Accessory buildings with floor area greater than the footprint of the principal structure ♦ Bed & Breakfast facilities ♦ Essential Service Facility, Major ♦ Foster Care, Adult (7+ residents), subject to Section 622 ♦ Group Day Care (7-12 children) ♦ Day Care Center or Child Care Center ♦ Education Facilities ♦ Home occupations subject to Section 217* ♦ Lodging and boarding houses ♦ Mini-warehouse, of 8,000 sq. ft. or less ♦ Manufactured housing community subject to Section 208 ♦ Places of public assembly, large and small, subject to Section 636 ♦ Nursing home ♦ ♦ Public parks Planned Unit Developments, subject to Section 637 * Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings and home occupations. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 371 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS (Revised 10/25/16 and 5/23/22) ♦ Minimum Lot Area: 12,000 sq. ft. ♦ Minimum Lot Area w/o Community Water and Sewer: 40,000 sq. ft. ♦ Minimum Lot Width: 100 ft. ♦ Minimum Lot Width w/o Community Water and Sewer: 150 ft. ♦ Maximum Dwelling Units/Acre: 12 ♦ Maximum Dwelling Units/Acre w/o Community Water and Sewer: 1 ♦ Maximum Building Height: 2½ stories, or ♦ Minimum Building Setbacks Front: 30 ft. Side: 10 ft. (each side) Rear: 35 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Living Space Dimensions: 12’ width ♦ Minimum Floor Area (One Family): 768 sq. ft. ♦ Minimum Floor Area (Multi-Family): 400 sq. ft. Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. (a) (b) 40’ (a) MHC DISTRICT Minimum Rear Yard Setback 35’ (ab) DECK 10’ GARAGE 10’ Minimum Side Yard Setback HOUSE Accessory Building Lot Line 30’ Minimum Front Yard Setback y a w ev riD Minimum Lot Width 100 ft. R/W Minimum Lot Size 12,000 sq. Ft. Building Envelope EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 381 Impervious Surface ARTICLE IV DISTRICT USES �2. USES PERMITTED BY RIGHT. A building or parcel within the MHC district shall be used for the following purposes only: a. Detached single family dwellings. Such uses shall not require site plan review. b. Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 and Cluster Subdivision, subject to the provisions of Section 226. c. Essential Service Facility, Routine d. Multiple family dwellings e. Lodging and boarding houses f. Manufactured housing community, subject to the provisions of Section 208. g. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. h. Accessory buildings provided the area of the footprint of the accessory building is less than or equal to that of the principal structure on the parcel. Such uses shall not require site plan review. i. Home occupations; conforming to the provisions of Section 217. Such uses shall not require site plan review. j. Nursing home 3. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION in accord with the provisions of Article VI of this Zoning Ordinance and subject to the requirements of Section 820 Site Plan Review. a. Accessory buildings where the area of the footprint of the accessory building is greater than that of the principal structure on the parcel, subject to the provisions of Section 603. b. Bed & Breakfast facilities, subject to the provisions of Section 606. c. Essential Service Facility, Major, subject to the provisions of Section 628 d. Places of public assembly, large and small, subject to Section 636. e. Education facilities, subject to the provisions of Section 619. f. Foster Care, Adult, serving 7 or more residents, subject to the provisions of Section 622. g. Group day care for 7 to 12 children, subject to the provisions of Section 616. h. Day Care Center or Child Care Center, subject to the provisions of Section 617. i. Mini-warehouse of no more than 8,000 square feet, subject to the provisions of Section 630. j Planned unit developments subject to Section 637 4. DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 391 ARTICLE IV DISTRICT USES �EBC ARTICLE IV DISTRICT STANDARDS SECTION 409 EAST BAY CORNERS DISTRICT, EBC EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 401 ARTICLE IV DISTRICT USES �SECTION 409 EAST BAY CORNERS (Revised 1/27/14 and 5/14/18) 1. INTENT. The East Bay Corners District is intended to accommodate locally oriented developments, in rational mixed-use patterns. The purpose of the district is to form a community core by providing for higher density residential uses, commercial uses serving the local area, and appropriate public and semi-public activities. Each of the land uses within the District shall be well integrated and designed with priority to quality development and aesthetic design accommodating pedestrian activities within a developed site. Where public sewer or water service is not currently available in this zoning district, it is anticipated that such service shall become available in the foreseeable future and consequently new development within this zoning district should be formed in anticipation of such service. Development within the District shall: a. Be designed in such a manner that will lead to compatible, efficient and attractive uses of property. b. Encourage unique retail, office and/or residential use alternatives. c. Establish a central place in East Bay Township that will define the community character and generate an identity for the Township. d. Provide a central location for township services including the Township Hall and future facilities. e. Facilitate efficient traffic flow and encourage inviting and walkable elements, such as sidewalk cafes, screened parking, and enhanced landscape criteria. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 411 ARTICLE IV DISTRICT USES �PERMITTED USES ♦ Accessory Buildings, with floor area less than or equal to the footprint of the principal structure ♦ Bed and Breakfast * three or less guest rooms, subject to Section 234 (Revised 2/10/20) ♦ Accessory dwelling units subject to Section 234 (Revised 2/12/18) ♦ Antique Store ♦ Appliance repair and sales ♦ Bakery or confectionery shop ♦ Banks ♦ Book store ♦ Convenience store, including gasoline sales ♦ Combination of uses, subject to Section 409.6 (Revised 5/23/22) ♦ Drug, gift, party/notions & souvenir stores ♦ Dwelling, Single Family Detached ♦ Dwelling, Two-family (Revised 7/9/12) ♦ Dwelling, Multiple ♦ Essential service facility, routine ♦ Galleries, Art, Craft, and Hobby Supply Stores ♦ Grocery store, including gasoline sales ♦ Group day care ♦ Hardware, nurseries, greenhouses, floral shops ♦ Home occupation ♦ Jewelry Store ♦ Laundry & dry cleaner ♦ Mobile Food Court Subject to section 236 (Revised 2/20/21) ♦ Mobile Food Vehicle Subject to section 236 (Revised 2/20/21) ♦ Neighborhood Local Business ♦ Personal services ♦ Laundromat ♦ Places of public assembly - Small ♦ Professional offices ♦ Public Parks ♦ Seasonal merchandise including outdoor sales ♦ Restaurants (but not including drive-through) ♦ Studios for performing and graphic arts ♦ Sporting goods stores ♦ Video stores ♦ Township uses ♦ Uses similar to uses permitted by right ♦ Wearing apparel, accessory or shoe store SPECIAL LAND USES ♦ Accessory Buildings, with floor area greater than or equal to the footprint of the principal structure ♦ Building, Electrical, Mechanical and Plumbing Contractors, but without outdoor storage ♦ Car Wash ♦ Bed & Breakfast ♦ Day Care Center or Child Care Center ♦ Combination of uses ♦ Education Facilities ♦ Commercial Establishment with drive through (but excluding restaurants) ♦ Fitness Centers ♦ Essential Service Facility, Major ♦ Planned Unit Development ♦ Hotels and Motels ♦ Bed and Breakfast * four to ten guest rooms, subject to Section 234 (Revised 2/10/20) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 421 ARTICLE IV DISTRICT USES �ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820. ♦ Parking and Loading requirements subject to Article VII; in addition, parking will be required to be well buffered using aesthetic fencing, landscaping or other screening. Parking will be positioned to the rear of the primary use where possible. ♦ Lighting requirements, subject to Section 210. ♦ Landscaping and Buffering requirements, subject to Section 229. DISTRICT REGULATIONS (Revised 12/28/15, 2/28/19, and 5/23/22) ♦ Minimum Lot Area: 20,000 sq. ft. ♦ Minimum Lot Width: 100 ft. ♦ Maximum Dwelling Units/Acre: 8 (Plus one accessory dwelling unit) (Revised 2/12/18) ♦ Minimum Floor Area (Single Family): 768 sq ft ♦ Minimum Floor Area (Two-Family): 576 sq ft ♦ Minimum Floor Area (Multi-Family): 400 sq ft ♦ Max. Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: Front: 30 ft. (a) Side: 10 feet each side Rear: 20 ft. Maximum Building Footprint: 30,000 sq. ft.(b) (a) Buildings shall be setback 100’; from the centerline of Hammond Road and Three Mile Road and 53’ from the centerline of Carlisle Road (Revised 3/8/19) (b) The Planning Commission may approve exceptions to allow a larger building footprint pursuant to Section 504, 3 and Section 624 Minimum Floor Area (Two Family): 576 sq ft ♦ 2. USES PERMITTED BY RIGHT: The following uses are permitted, subject to the requirements of Site Plan Review as set forth in Article VIII, Section 820 of the Zoning Ordinance. a. Accessory buildings with floor area less than or equal to the foot print of the principal structure. b. Accessory uses related to uses permitted by right. Such uses shall not require site plan review. c. Antique Store d. Appliance Sales and Repair e. Bakery and Confectionery Shop f. Banks EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 431 ARTICLE IV DISTRICT USES �g. Book Store h. Combination of uses, subject to Section 409.6 i. Convenience store, including gasoline sales j. Drug store, Gift and Souvenir Shops k. Dwellings, single family detached l. Dwelling, two-family (Revised 7/9/12) m. Dwellings, multiple. n. Essential Service Facility, Routine o. Floral Shops p. Galleries, Art and Craft Shops and Hobby Supply q. Grocery store, including gasoline sales. r. Group Day Care s. Hardware, Nurseries and Greenhouses t. Home Occupations u. Jewelry store v. Laundry & dry cleaner w. Laundromat x. Mobile Food Court y. Mobile Food Vehicle z. Neighborhood Local Business aa. Party and notions stores bb. Personal services cc. Places of Public Assembly – Small dd. Professional Offices ee. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. ff. Restaurants, excluding drive-through gg. Seasonal Merchandise Sales, including outside sales, not to exceed thirty (30) days in any one (1) year period. hh. Sporting goods stores ii. Studios for performing and graphic arts jj. Township Uses kk. Uses Similar to Uses Permitted by Right. A determination of whether a proposed use is similar to uses permitted by right shall be made by the Planning Commission upon the recommendation of the Zoning Administrator. In preparing such a recommendation, the Zoning Administrator shall evaluate the proposed use in terms of the potential generation of traffic, congestion, noise, odors, dust, litter and similar impacts. In addition, the proposed use shall be evaluated to determine the degree to which it may support or conflict with other EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 441 ARTICLE IV DISTRICT USES �uses permitted by right. If the Zoning Administrator determines that such use is similar to the uses permitted by right, a report outlining the determination shall be provided to the Planning Commission with a recommendation for approval of the required site plan. ll. Video Store mm. Wearing Apparel, Accessories or Shoe Store. nn. Accessory dwelling units subject to section 234 (Revised 2/12/18) oo. Combination of uses subject to Section 409.6 (Revised 5/23/22) 3. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: The following uses, may be permitted as Special Land Uses subject to the requirements of Article VI and the Site Plan review and approval by the Township Planning Commission as set forth in Article VIII, Section 820 of the Zoning Ordinance. a. Accessory buildings with floor area greater than the foot print of the principal structure, subject to the provisions of Section 603. b. Bed & Breakfast, subject to the provisions of Section 606. c. Building, Electrical, Mechanical and Plumbing Contractors, but without outdoor storage and subject to the provisions of Article VI. d. Car wash, if connected to public sewers, and subject to the provisions of Section 611. e. Combinations of uses, subject to the provisions of Section 409, 6. f. Commercial establishments with drive through facilities (excluding restaurants), subject to the provisions of Section 614. g. Day Care Center or Child Care Center, subject to the provisions of Section 617. h. Education facilities, subject to the provisions of Section 619 i. Essential Service Facility, Major, subject to the provisions of Section 628 j. Fitness Centers, subject to the provisions of Section 623 k. Hotels and Motels, subject to the provisions of Article VI. l. Planned Unit Developments; subject to the provisions of Section 637. 4. REGULATIONS AND CONDITIONS: Development within the East Bay Corners District shall meet the following general standards: a. The use will be compatible with adjacent land use, the natural environment, and the capacities of affected public services and facilities, and such use shall be consistent with the public health, safety and welfare of East Bay Township residents. b. The use shall be consistent with the East Bay Township Comprehensive Plan and Future Land Use Map as set forth in this Article. c. The development shall consolidate and maximize usable open space with comfortable pedestrian access. d. An inviting pleasant outdoor environment shall be provided as appropriate to EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 451 ARTICLE IV DISTRICT USES �accommodate outdoor activities. This may include attractive landscaping, lighting, outdoor furniture and similar amenities to buffer shoppers from parking areas, roadways and service facilities, such as dumpsters and loading docks. e. Vehicular and pedestrian circulation within the development and access to the development shall be safe, convenient, non-congested and well-defined. Street trees shall be planted every 40 feet on center along sidewalks as a buffer between pedestrian use and vehicular use. All parking shall be well buffered and placed to the rear or side of buildings where possible. Shared access to parking areas will be required, where appropriate. f. In addition to compliance with Section 229, all landscaping features must include some year-round structures or coniferous plantings, which are strategically placed to shelter pedestrians from the ill effects of harsh weather while remaining aesthetically pleasing. 5. SITE DESIGN STANDARDS: The following standards shall apply to all development within the East Bay Corners District. a. Parking – a majority of the required parking shall be located at the side rear of the primary use. Where cross access is provided between adjoining uses, not more than twenty-five percent (25%) of the required parking shall be provided in front of the principal use. Where cross access is not provided, no more than ten percent (10%) percent of the required parking shall be provided in front of the principal use. In all cases, parking areas shall include landscaped buffering to screen parking areas from adjacent uses and public roads. Parking areas consisting of more than thirty parking spaces shall incorporate viable planting islands of not less than 400 square feet for each 30 parking spaces, or fraction thereof. Within parking lots pedestrian walkways shall be designated with alternate pavement materials. b. Shared Driveways and Cross Access. All development within the East Bay Corners District shall incorporate cooperative shared access or cross access arrangements to encourage pedestrian and vehicular inter-connections. Mixed use and multiple-use developments shall be designed to allow pedestrian and vehicular traffic to move safely within the development and to adjoining parcels without requiring access to arterial roadways. All new land divisions of any type within the East Bay Corners District shall be required to grant a cross-access easement to adjoining parcels and new land divisions that adjoin an existing parcel which has granted cross access shall not be entitled to an additional driveway to Three Mile or Hammond Road. Exceptions to the terms of this subparagraph provision may be granted by the Planning Commission when it is demonstrated that: 1) Compliance is physically impossible due to existing topographic conditions or buildings, or 2) Compliance would result in unsafe conditions that cannot otherwise be mitigated. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 461 ARTICLE IV DISTRICT USES �c. d. e. f. g. h. Sidewalks – Public sidewalks shall be required adjoining the public road. Sidewalks shall be separated from vehicular travel surfaces by curbing and/or a landscaped parkway area. Sidewalks shall be constructed of concrete or asphalt pavement with a minimum width of five (5) feet. Water and Sewer services shall be required for all development in this district. Utilities should be placed as unobtrusively to vehicle and pedestrian traffic as possible and underground, in all instances except with the approval of the Planning Commission. Landscaping – Landscaping shall be provided in accordance with the provisions of Section 229. Multi-family areas of six units or more shall provide an open space area or play facility. Architecture. The following standards shall be satisfied for all new buildings in the East Bay Corners District, except where the Planning Commission finds mitigating circumstances that make compliance unfeasible. For the purposes of this section, neither the fact that the applicant could incur additional costs to achieve full compliance, or receive additional income with less than full compliance, shall be considered a mitigating circumstance. 1) Exterior Style and Materials. Exterior building materials shall include any combination of wood, brick, stone, stucco or cement panels formed to resemble traditional materials. Common cement block, vinyl, steel, aluminum or other synthetic materials siding shall be limited to building facades without high visibility exposure to public areas or rights-of-way. Sloped roofs shall be required in all applications, except with the approval of the Planning Commission. 2) Large display windows shall be required for first floor retail and restaurant uses. At least (50%) of the exterior wall for retail space shall consist of glass display windows. For structures intended for other uses, at least ten percent (10%) of each wall shall consist of window openings, if visible from public areas or rights-of-way. Buildings shall be oriented to screen expansive views of parking lots from view from the street where possible. 3) Building Presentation. Buildings shall provide a covered entry at all storefronts. Such covered entry may be permanent or retractable and with or without posts. Building facades shall include articulation at intervals no greater than thirty (30) feet. Such articulation may include actual or faux window, pilasters, changes in exterior materials, architectural detailing or other approaches to eliminate long, unbroken wall surface areas. Where windows or façade articulation are demonstrated to be detrimental to the proposed use within the building, the Planning Commission may consider a proposed combination of foundation plantings and container plantings to break the visual monotony of building facades. Lighting. In accord with Section 210, outdoor lighting should be designed to increase pedestrian safety; measures should be taken to preserve dark skies and reduce glare. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 471 ARTICLE IV DISTRICT USES �i. Signs Standards. The standards of Section 215, shall apply in the East Bay Corners District. 6. COMBINATION OF USES. In the review of site plans and/or special land use permit applications for uses involving combination of uses otherwise permitted by right or by special land use approval in the EBC district, the Planning Commission shall find that all such uses shall be mutually compatible with one another and that all special land use standards applicable to any such component use in a combined land use shall be met. Provided, however, that the Planning Commission may approve joint parking arrangements to serve such combined uses as provided in Section 700.3. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 481 ARTICLE IV DISTRICT USES �LB ARTICLE IV DISTRICT STANDARDS SECTION 411 LOCAL BUSINESS DISTRICT, LB EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 491 ARTICLE IV DISTRICT USES �SECTION 410 COMMERCIAL DISTRICT USES Buildings and/or lots within Commercial districts shall be used as follows: SECTION 411 LOCAL BUSINESS DISTRICT, LB 1. INTENT. This district is primarily a convenience service district with only those commercial uses allowed which are compatible with nearby residential development. The District is intended to serve a local area within East Bay Township as opposed to a regional area of several townships or counties. The standards for developing the commercial uses are intended to limit the conflicts that might arise due to commercial and residential districts being located adjacent to one another. PERMITTED USES Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Accessory uses related to uses permitted by right ♦ Bank ♦ Car Wash, if connected to sewer ♦ Appliance, repair and sales ♦ Gasoline Station ♦ Essential Service Facility, Routine ♦ Hardware store ♦ Grocery Store, with or without gasoline sales ♦ Mobile Food Vehicle, subject to Section 236 (Revised 2/20/21) ♦ Party, drugs and notions store ♦ Personal services ♦ Places of Public Assembly ♦ Professional offices ♦ Restaurants ♦ Showroom for office and building trades ♦ Wearing apparel, accessory and shoe store ♦ Combination of uses, subject to Section 411.6 (Revised 5/23/22) ♦ ♦ Commercial Subdivisions, and condominium subdivisions, clustered or traditional subject to Section 222 and the Subdivision Control Ordinance. ♦ ♦ Uses similar to uses permitted by right SPECIAL LAND USES Accessory buildings with floor area greater than the ♦ Day Care Center or Child Care Center footprint of the principal building on parcels of up to ♦ Foster Care, Adult (7+ residents), subject to 40,000 square feet, and with floor area greater than Section 622 150% of such footprint on all other parcels. (Revised ♦ Laundry and dry cleaning establishment 5/5/12) ♦ Construction equipment sales and service ♦ Dwelling, single-family detached ♦ Dwelling, two-family (Revised 5/23/22) ♦ Combination of uses, subject to Section 411.6 (Revised 5/23/22) ♦ Essential Service Facility, Major ♦ Personal wireless communication facilities ♦ Commercial facilities establishments EAST BAY TOWNSHIP ZONING ORDINANCE with ♦ Mini-warehouse, self-storage of 8,000 sq. ft., or less drive-through ♦ Planned Unit Developments, subject to Section 637 ARTICLE IV- 50 ARTICLE IV DISTRICT USES �ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory uses related to uses permitted by right. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229 DISTRICT REGULATIONS (Revised 12/28/15 and 5/23/22) ♦ Minimum Lot Area: 25,000 sq. ft. ♦ Minimum Lot Area w/o Community Water or Sewer: 40,000 sq. ft. ♦ Minimum Lot Width: 125 ft. ♦ Minimum Lot Width w/o Public Water or Sewer: 150 ft. ♦ Maximum Dwelling Units/Acre: 8 ♦ Maximum Dwelling Units/Acres w/o Central Water and Sewer: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: (a) Front: 30 ft. Side: 10 ft. (each side) Rear: 20 ft. (b) ♦ Maximum Lot Coverage: N/A ♦ Minimum Floor Area (Single family): 768 sq. ft. ♦ Minimum Floor Area (Two Family): 576 sq. ft. ♦ Minimum Floor Area (Multi-Family): 400 sq. ft. ♦ Maximum Building Footprint: 30,000 sq. ft.(c) Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. The Planning Commission may approve exceptions to allow a larger building footprint pursuant to Section 504, 3 and Section 624 (a) (b) (c) 2. USES PERMITTED BY RIGHT: The following uses are permitted, subject to the requirements of Site Plan Review as set forth in Article VIII, Section 820 of the Zoning Ordinance. a. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 51 ARTICLE IV DISTRICT USES �3. b. Accessory uses related to uses permitted by right. Such uses shall not require site plan review. c. Appliance, repair and sales d. Bank, without drive-through facilities e. Car wash, if connected to a community sewer f. Essential Service Facility, Routine g. Gasoline stations h. Grocery store, may include gasoline sales. i. Hardware store j. Party stores, drugs and notions. k. Personal services l. Professional offices m. Places of Public Assembly n. Restaurants, without drive-through facilities o. Mobile Food Vehicle p. Showroom for office and building trades q. Commercial Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222. r. Wearing apparel, accessory and shoe store s. Video Store, provided drop-off and pick-up areas are arranged to prohibit parking within fire lane areas. t. Uses similar to the above uses permitted by right. A determination of whether a proposed use is similar to uses permitted by right shall be made by the Planning Commission upon the recommendation of the Zoning Administrator. In preparing such a recommendation, the Zoning Administrator shall evaluate the proposed use in terms of the potential generation of traffic, congestion, noise, odors, dust, litter and similar impacts. In addition, the proposed use shall be evaluated to determine the degree to which it may support or conflict with other uses permitted by right. If the Zoning Administrator determines that such use is similar to the uses permitted by right, a report outlining the determination shall be provided to the Planning Commission with a recommendation for approval of the required site plan. u. Combination of uses subject to Section 411.6 (Revised 5/23/22) SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: Approved special land uses shall be subject to the requirements of Article VI and the Site Plan review and approval by the Township Planning Commission as set forth in Article VIII, Section 820 of the Zoning Ordinance. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Rev. 5/5/12) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 52 ARTICLE IV DISTRICT USES �b. Commercial establishments with drive-through facilities, subject to the provisions of Section 614 c. Construction equipment sales and service, subject to the provisions of Section 615 d. Day Care Center or Child Care Center, subject to the provisions of Section 617 e. Dwelling, single family detached, subject to the provisions of Section 621 f. Essential Service Facility, Major, subject to the provisions of Section 628 g. Foster Care, Adult, serving 7 or more residents, subject to the provisions of Section 622 h. Laundry and dry cleaning establishments subject to the provisions of Section 627 i. Mini-warehouse, self-storage of 8,000 square feet, or less subject to the provisions of Section 630 j. Personal wireless communication facilities, subject to the provisions of Section 634 k. Planned Unit Developments; subject to the provisions of Section 637 l. Combination of uses subject to Section 411.6 (Revised 5/23/22) 4. 5. 6. EXCLUDED USES: No storage yard, stock yard, slaughter house, meat processing plant, pelt producing or processing establishment, nor any business likely to create obnoxious or harmful smoke, noise, odors, fumes or vibrations shall be located in this District. DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. COMBINATION OF USES In the review of site plans and/or special land use permit applications for involving combination of uses otherwise permitted by right or by special land use approval in the LB district, the Planning Commission shall find that all such uses shall be mutually compatible with one another and that all special land use standards applicable to any such component use in a combined land use hall be met. Provided, however, that the Planning Commission may approve joint parking arrangements to serve such combined uses as provided in Section 700.3. (Revised 5/23/22) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 53 ARTICLE IV DISTRICT USES �RB ARTICLE IV DISTRICT STANDARDS SECTION 412 REGIONAL BUSINESS DISTRICT, RB EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 54 ARTICLE IV DISTRICT USES �SECTION 412 REGIONAL BUSINESS DISTRICT, RB (Revised 6/24/06 and 5/14/18) 1. INTENT. This district is intended to provide for commercial, retail, and recreational enterprises intended to serve the greater Grand Traverse region and the tourist industry. Uses in this district may have special development requirements and characteristics which may be unique due to their proximity to other tourism and recreational facilities in the Grand Traverse region. These facilities may have unique characteristics with regard to the number of patrons which may attend functions at any one time; parking, mix of uses, noise, night lighting, fencing, etc. Such uses may utilize land areas which are ecologically sensitive or may require particular treatment to protect the environment, and therefore require a special use permit issued by the Township. ♦ PERMITTED USES Accessory buildings with floor area less than or ♦ Accessory uses related to uses permitted by right equal to the footprint of the principal structure ♦ ♦ Antique store Convenience store, excluding gasoline sales ♦ Combination of uses permitted by right, subject to Section 412.6 ♦ Drug store ♦ Drug store ♦ Essential Service Facility, Routine ♦ Grocery store, without gasoline sales ♦ Hotels and motels ♦ Jewelry store ♦ Marinas and uses incidental thereto ♦ Party, drugs and notions store ♦ Photographic developing sales and supplies ♦ Mobile Food Court, subject to Section 236 (Revised 2/20/21) ♦ Mobile Food Vehicle, subject to Section 236 (Revised 2/20/21) ♦ Personal services ♦ Places of Public Assembly ♦ Professional offices ♦ Public parks ♦ Public recreation facility, excluding carnival ♦ Recreation facilities ♦ Restaurant ♦ ♦ ♦ Sporting, recreation and bicycle shop Uses similar to uses permitted by right Walkways, elevated, open or enclosed ♦ ♦ Wearing apparel, accessory and shoe store ♦ Commercial Subdivisions, and condominium subdivisions, clustered or traditional subject to Section 222 and the Subdivision Control Ordinance. Video Store EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 55 ARTICLE IV DISTRICT USES �♦ ♦ ♦ ♦ ♦ ♦ SPECIAL LAND USES Accessory buildings with floor area greater than the ♦ Adult Businesses footprint of the principal structure Billboards ♦ Car wash, if connected to public sewer Commercial establishments with drive-through ♦ Dwelling, multiple facilities ♦ Essential Service Facility, Major Fitness Centers ♦ Personal wireless communication facilities Laundry and dry cleaning establishment ♦ Combinations of uses permitted by right or as special land uses, subject to Section 412.6. Planned Unit Developments, subject to Section 637 ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory uses related to uses permitted by right ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. ♦ Regional Business site development standards, subject to Section 412,6 DISTRICT REGULATIONS (Revised 12/28/15) ♦ Minimum Lot Area: 20,000 sq. ft. ♦ Minimum Lot Width: 100 ft. ♦ Maximum Dwelling Units/Acre: N/A ♦ Maximum Building Height: 35’/50(a) ♦ Minimum Building Setbacks: Front 30 ft. (b) Side 10 ft. /15 ft.(c) Rear 20 ft. (d) ♦ Maximum Lot Coverage: N/A ♦ Maximum Building Footprint: 30,000 sq. ft.(e) For parcels south of US-31 Adjoining another commercial use Adjacent to a detached single family dwelling The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay and 100’ for properties located on Mitchell and Baker Creeks. The Planning Commission may approve exceptions to allow a larger building footprint pursuant to Section 504, 3 and Section 624 (a) (b) (c) (d) (e) 2. USES PERMITTED BY RIGHT: The following uses are permitted, subject to the requirements of Site Plan Review as set forth in Article VIII, Section 820 of the Zoning Ordinance. a. Accessory buildings with floor area less than or equal to the foot print of the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 56 ARTICLE IV DISTRICT USES �principal structure b. Accessory uses related to uses permitted by right. Such uses shall not require site plan review c. Antique store d. Combinations of uses permitted by right in the RB district, subject to Section 412.6. e. Convenience store, excluding gasoline sales f. Drug store g. Essential Service Facility, Routine h. Grocery store, excluding gasoline sales. i. Hotels and motels j. Jewelry store k. Marinas and uses incidental thereto l. Mobile Food Court m. Mobile Food Vehicle n. Party stores, drugs and notions o. Personal services p. Photographic developing sales and services q. Places of Public Assembly r. Professional offices s. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. t. Public recreation facility, excluding carnivals u. Recreation facilities, subject to the following requirements: (1) In the area between US-31 and East Grand Traverse Bay, it is expected that private recreational facilities will be associated with allowed commercial uses and will not normally be of a type that would require a separate admission payment for its use, although it may be available only to paying guests of the commercial establishment. (2) In the area between US-31 and the present C & O Railroad right-of-way it may be a separate facility charging admission and operating as an independent commercial use if it is approved as a special use by the Township. (3) In all uses; noise, lighting, traffic, and hours of operation will be compatible with residential uses, including motels and hotels. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 57 ARTICLE IV DISTRICT USES �v. Restaurant w. Sporting, recreation and bicycle shop x. Commercial Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 y. Uses similar to the above uses permitted by right. A determination of whether a proposed use is similar to uses permitted by right shall be made by the Planning Commission upon the recommendation of the Zoning Administrator. In preparing such a recommendation, the Zoning Administrator shall evaluate the proposed use in terms of the potential generation of traffic, congestion, noise, odors, dust, litter and similar impacts. In addition, the proposed use shall be evaluated to determine the degree to which it may support or conflict with other uses permitted by right. If the Zoning Administrator determines that such use is similar to the uses permitted by right, a report outlining the determination shall be provided to the Planning Commission with a recommendation for approval of the required site plan z. Video Store, provided drop-off and pick-up areas are arranged to prohibit parking within fire lane areas aa. Walkways, elevated, open or enclosed. The following standards shall be applied in the review of a site plan pursuant to Section 820 related to an elevated walkway: (1) The walkway structure shall not be lower in elevation than the ceiling height of the first floor of the principal structure. (2) Shall not impede the ground level view from US-31 North to Grand Traverse Bay. (3) Shall not exceed one (1) story in height. (4) Side yard setbacks shall be waived for such structure, however, all supporting posts shall meet side yard setbacks, provided that the minimum open space between buildings giving visual access to Grand Traverse Bay from US-31 North shall be fifty (50) feet. (5) No such walkway shall be approved which has been found by the Planning Commission to be detrimental to the surrounding properties or uses of US-31 North through the loss of visual access to Grand Traverse Bay. (6) Emergency vehicle access to the bayfront side of connecting buildings shall not be eliminated by such walkway. bb. Wearing apparel, accessory and shoe store 3. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: Approved special land uses shall be subject to the requirements of Article VI and the Site Plan review and approval by the Township Planning Commission as set forth in Article VIII, Section 820 of the Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 58 ARTICLE IV DISTRICT USES �a. Accessory buildings with floor area greater than the foot print of the principal structure, subject to the provisions of Section 603. b. Adult businesses, subject to the provisions of Section 609. c. Billboards, subject to the provisions of Section 607. d. Car wash, if connected to public sewers, and subject to the provisions of Section 611. e. Combinations of uses otherwise permitted by right or as special land uses within the RB district, subject to Section 412.6. f. Commercial establishments with drive-through facilities, subject to the provisions of Section 614. g. Dwelling, multiple, subject to the provisions of Section 618. h. Essential Service Facility, Major, subject to the provisions of Section 628 i. Fitness Centers, subject to the provisions of Section 623. j Laundry and dry cleaning establishments, subject to the provisions of Section 627. k. Personal wireless communication facilities, subject to the provisions of Section 634. l. Planned Unit Developments; subject to the provisions of Section 637. 4. DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. 5. COMBINATIONS OF USES. In the review of site plans and/or special land use permit applications for uses involving combinations of uses otherwise permitted by right or by special land use approval in the RB district, the Planning Commission shall find that all such uses shall be mutually compatible with one another and that all special land use standards applicable to any such component use in a combined land use shall be met. Provided, however, that the Planning Commission may approve joint parking arrangements to serve such combined uses as provided in Section 700.3. 6. REQUIRED CONDITIONS for ALL USES: All uses permitted either by right or as a special use are also subject to the following conditions in addition to any imposed in other sections; a. OPEN SPACE: All lots shall have a minimum of twenty-five percent (25%) of total lot area devoted to landscaped open space, of which thirty percent (30%) of this area shall contain woody vegetation (trees and shrubbery). Landscaped open space does not including driveways and parking. Further, all existing trees over five inches (5") in diameter, shall be retained as possible. b. MAXIMUM BUILDING WIDTH: On parcels between US-31North and Grand EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 59 ARTICLE IV DISTRICT USES �Traverse Bay, no building shall exceed one hundred and fifty (150) feet in width, as measured parallel to US-31 North. c. BUILDING SETBACK FROM RIVERS and STREAMS: Where a lot adjoins or is intersected by a river or stream, any structure located thereon shall be set back a minimum of fifty (50) feet from said water for DNR designated trout streams, and fifteen (15) feet from the water of other rivers and streams, unless a one hundred (100) year flood plain is established and approved by the Township, in which event the setback line will be the one hundred (100) year flood elevation line. d. BUILDING SEPARATION SETBACK: All buildings and structures shall be separated a minimum of ten (10) feet between each other. PROVIDED, HOWEVER, for parcels between US-31 North and Grand Traverse Bay, this minimum separation between buildings and structures shall be thirty (30) feet and shall be designed and arranged so that there is a clear view to the Bay from the highway. e. PEDESTRIAN SIDEWALK: A Pedestrian sidewalk five (5) feet wide, shall be established and extending along the entire front of the parcel. Sidewalks must meet State of Michigan Construction Standards, may be located whenever possible within the highway right-of-way along the property line, or may be on private land to avoid obstructions. Curb-cuts must be brought into compliance, and a permit (if required) must be obtained from the State of Michigan. f. PARKING LOTS: Parking lots may be established in the front yard, providing that they are set back a minimum of twenty (20) feet from the street curb. g. PERMITTED HEIGHT EXCEPTIONS: 1) For Parcels between US-31 North and Grand Traverse Bay; Principal buildings may be erected to a height not to exceed fifty (50) feet, PROVIDED that one or both side yard minimums and/or each clear view corridor to the Bay is increased two (2) feet for each one (1) foot of additional height above the district maximum. 2) For Parcels south of US-31 North; Principal buildings may be erected to a height not to exceed eighty (80) feet, PROVIDED that the twenty-five percent (25%) minimum landscaped open space requirement is increased one percent (1%) for each six (6) feet of additional height above the district maximum. h. ACCESS CONTROL: It is the intent that access driveways on Munson Ave/US31 North shall be a minimum distance of 400 feet separation between each other. It is also the intent that all parcels shall have interconnections between each other by establishing a front or rear connection between properties. (1) One driveway shall be permitted for each development or project. (2) Additional driveways may be permitted within a parcel providing that the development has more than 400 feet of continuous frontage, and that each EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 60 ARTICLE IV DISTRICT USES �driveway is located in such a way that there is 400 feet separation between each driveway measured between the centerline of each driveway. (3) All existing and future developments and projects upon submission through the site plan review process shall contain a service drive unless the applicant can demonstrate that the access plan is not feasible from a public safety, engineering, traffic flow, or natural features respect. These accesses shall be a minimum of 20 feet in width, and mutually maintained by the owners of said property. Reduction in parking requirements may be approved for establishing these accesses. (4) Corner lots may contain a driveway on both roads providing that the driveway approaching (right lane) intersection is located a minimum of 350 feet from the nearest edge of the traveled portion of the major thoroughfare, and the driveway leaving the site is located a minimum of 150 feet from the nearest edge of the traveled portion of the major thoroughfare. If a corner parcel does not contain this minimum required frontage, they still may have driveways on both roads, providing that the applicant can demonstrate that the access plan is not feasible from a public safety, engineering, traffic flow, or natural features respect, and that driveway locations are such that they can comply as close as possible with the intent of this requirement. (5) The service drive shall be maintained by the property owners establishing a service drive, in a reasonably safe condition, including snow storage. (6) Adjacent property owners may and are encouraged to consolidate their driveways by using either a shared access drive or a service drive. Service drives may be located within the highway right-of-way (if approval is received from the appropriate Road Authority), or on private property outside of the right-of-way. Bonuses may be approved by the Planning Commission which include increased building coverage, reduction of landscape open space, yard setbacks and parking limits for consolidating adjacent driveways. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 61 ARTICLE IV DISTRICT USES �PO ARTICLE IV DISTRICT STANDARDS SECTION 413 PROFESSIONAL OFFICE DISTRICT, PO EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 62 ARTICLE IV DISTRICT USES �SECTION 413 1. PROFESSIONAL OFFICE DISTRICT, PO (Revised 12/28/15 and 3/26/16) INTENT. This district is intended to provide for service-oriented enterprises and institutions having relatively low traffic generation and normal daytime and evening hours. It is intended that this district be suitable as a buffer between residential and commercial zones, and that the general character of development within the zone be in keeping with adjacent residential areas. It is intended that access is limited to as few curb cuts as possible. Further, it is intended that office building "park" or professional office cluster-type developments be encouraged. PERMITTED USES SPECIAL LAND USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal structure ♦ Accessory buildings with floor area greater than the footprint of the principal structure ♦ Accessory uses related to uses permitted by right ♦ Combinations of uses permitted by right or special land use in the PO district, subject to Section 413.6. ♦ Bank ♦ Essential Service Facility, Major ♦ Combinations of uses permitted by right in the PO district, subject to Section 413.6. ♦ Mortuary ♦ Essential Service Facility, Routine ♦ Personal Wireless Communication Facilities ♦ Mobile Food Vehicle, subject to Section 236 (Revised 2/20/21) ♦ Planned Unit Developments, subject to Section 637 ♦ Office, clustered subdivision ♦ Professional office ♦ Publicly owned buildings, exchanges, utility offices ♦ Office Subdivisions, and condominium subdivisions, clustered or traditional subject to Section 222 and the Subdivision Control Ordinance. ♦ Uses similar to uses permitted by right ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, and detached single family dwellings in other than a cluster sub-division. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 63 ARTICLE IV DISTRICT USES �DISTRICT REGULATIONS (Revised 12/28/15 and 3/26/16) ♦ Minimum Lot Area: 20,000 sq. ft. ♦ Minimum Lot Width: N/A ♦ Maximum Dwelling Units/Acre: ♦ Maximum Building Height: ♦ Minimum Building Setbacks: Front: 20 ft. Side: 10 ft. Rear (a): 20 ft. ♦ Maximum Lot Coverage: N/A ♦ Minimum Floor Area: N/A ♦ Maximum Building Footprint: 30,000 sq. ft.(b) Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The Planning Commission may approve exceptions to allow a larger building footprint pursuant to Section 504, 3 and Section 624. (a) (b) 2. N/A 35 ft. USES PERMITTED BY RIGHT: The following uses shall be permitted, subject to the requirements of Site Plan Review by the Township Planning Commission as set forth in Article VIII, Section 820. a. Accessory buildings with floor area less than or equal to the footprint of the principal structure. b. Accessory uses related to uses permitted by right. c. Banks, credit unions, savings and loan associations and similar uses. d. Combinations of the uses permitted by right in the PO district, subject to Section 413.6. e. Essential Service Facility, Routine. f. Mobile Food Vehicle g. Professional Offices, including offices for any of the following: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, sales, and related occupations; subject to the following limitations: 1) No interior display shall be visible from the exterior of the building. 2) No outdoor storage of goods or materials shall be permitted. 3) No warehousing or indoor storage of goods or material, beyond that normally incident to the above uses shall be permitted. h. Medical or dental clinics and offices, provided that no patients are accommodated overnight. i. Publicly owned buildings, exchanges and public utility offices, but not including storage yards, transformer stations, substations or gas regulator stations. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 63 ARTICLE IV DISTRICT USES �j. 3. 4. 5. 6. Office Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222. k. Uses similar to the above uses permitted by right. A determination of whether a proposed use is similar to uses permitted by right shall be made by the Planning Commission upon the recommendation of the Zoning Administrator. In preparing such a recommendation, the Zoning Administrator shall evaluate the proposed use in terms of the potential generation of traffic, congestion, noise, odors, dust, litter and similar impacts. In addition, the proposed use shall be evaluated to determine the degree to which it may support or conflict with other uses permitted by right. If the Zoning Administrator determines that such use is similar to the uses permitted by right, a report outlining the determination shall be provided to the Planning Commission with a recommendation for approval of the required site plan. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: The following special land uses may be permitted, subject to the conditions herein specified for each use, and after review and approval by the Planning Commission as specified in Article VI and also subject to the requirements of the Site Plan Review provisions of Article VIII, Section 820. a. Accessory buildings with floor area greater than the footprint of the principal structure, subject to the provisions of Section 603. b. Combinations of uses permitted by right or special land use approval in the PO district, subject to Section 413.6. c. Essential Service Facility, Major, subject to the provisions of Section 628. d. Mortuary establishments subject to the provisions of Section 632. e. Personal wireless communication facilities, subject to the provisions of Section 634. f. Planned Unit Developments; subject to Section 637. REQUIRED CONDITIONS for ALL USES: All uses permitted either by right or as a special use within the PO district shall be subject to the following conditions in addition to any imposed in other sections; a. OPEN SPACE: All lots shall have a minimum of twenty percent (20%) of total lot area devoted to landscaped open space, not including parking, and shall retain as many existing trees over five inches (5") in diameter as possible. b. BUILDING SETBACK from RIVERS and STREAMS: Where a lot adjoins or is intersected by a river or stream, any structure located thereon shall be set back a minimum of fifty (50) feet. DIMENSIONAL STANDARDS, yard, structure height, lot area and lot width shall conform to the requirements of Article V. COMBINATIONS OF USES. In the review of site plans and/or special land use permit applications for uses involving combinations of uses otherwise permitted by right or by special land use approval in the PO district, the Planning Commission shall find that all such uses shall be mutually compatible with one another and that all special land use standards applicable to any such component use in a combined EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 64 ARTICLE IV DISTRICT USES �land use shall be met. Provided, however, that the Planning Commission may approve joint parking arrangements to serve such combined uses as provided in Section 700.3. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 65 ARTICLE IV DISTRICT USES �AS ARTICLE IV DISTRICT STANDARDS SECTION 414 AIRPORT SERVICES DISTRICT, AS EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 66 ARTICLE IV DISTRICT USES �SECTION 414 AIRPORT SERVICES DISTRICT, AS (Revised 11/5/16 and 12/24/16) 1. INTENT. The Airport Services District is intended to encourage a mix of uses which primarily, but not exclusively, cater to the aviation industry and/or air travelers. It is intended that this district would serve the needs of Cherry Capital Airport and those businesses and individuals who rely on air transportation; be compatible with the Airport Zoning Act, Act 23 of 1950, as amended; and provide a pleasing and welldesigned transitional buffer between the airport and nearby residential districts. The AS District is also intended that access will be limited to as few curb cuts as possible, landscaping will be plentiful, natural buffers will be maintained, and uses within this district will be oriented and designed in manner which provides a welcoming gateway to the region. BUILDING TYPES PERMITTED ♦ Single or multi-story structures which encourage a mix of uses. PERMITTED USES ♦ Retail, lodging, offices, personal/business service uses, and multiple-family residential. (Sexuallyoriented businesses, outdoor storage and sales, and drive-through facilities are specifically excluded.) ♦ Mobile Food Vehicle, subject to Section 236 (Revised 2/20/21) ♦ Mobile Food Court, subject to Section 236 (Revised 2/20/21) DIMENSIONAL AND BULK STANDARDS ♦ All buildings shall meet all of the following dimensional and bulk standards: A. Parcel Depth: 150’ minimum B. Parcel Width: 75’ minimum C. Street/Front Setback: 25‘ maximum on South Airport Road and 20’ maximum on Townline Road. D. Side Setbacks: 0’, except when adjacent to a single-family dwelling, then 25’ minimum on the side setback adjacent to a single-family dwelling. E. Rear Setback: 100’ minimum from Mitchell Creek or 15’ minimum otherwise. F. Building Height: 20’ minimum height to a 40’ maximum height. Maximum of three (3) stories. G. Maximum Impervious Surface Coverage: 70 percent of gross area of the parcel. (Impervious Surfaces include all areas which prevent the free infiltration of water). H. Maximum Building Footprint: 30,000 square feet. I. Off-Street Parking: All off-street parking shall be located to the side or rear of the parcel and shall not front on South Airport Road or Townline Road with the exception of an access driveway. One (1) space per employee and one (1) space per apartment or hotel room. For all other uses and parking lot design requirements, please refer to Article VII. Parking areas consisting of more than 30 parking spaces shall incorporate viable planting islands of not less than 400 square feet for each 30 parking spaces or fraction thereof. Within parking lots exceeding 50 spaces, pedestrian walkways shall be EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 67 ARTICLE IV DISTRICT USES �J. K. designated with alternate pavement materials. Non-motorized Parking: A minimum of four (4) inverted-U bicycle parking spaces [two (2) racks] located within 50’ of the primary entrance of each use. Minimum Floor Area (Multi-Family): 400 sq. ft. (Revised 5/23/22) 2. REQUIRED CONDITIONS FOR ALL USES: Unless otherwise specified, all uses within the AS district shall be subject to the following conditions in addition to any imposed in other sections; a. AIRPORT ZONING ACT: All uses shall comply with the standards of Michigan’s Airport Zoning Act, Act 23 of 1950, as amended. b. AIRPORT HAZARD ZONE: All uses shall comply with the provisions of Section 213. c. SCREENING FROM RESIDENTIAL ZONING: Unless separated by a public road or stream, any parcel in the AS district abutting a residential zoning district shall provide screening in the form of a 4.5 foot decorative masonry wall or opaque fence along the length abutting the district with evergreen plantings a minimum six (6) feet in height between the wall/fence and the property line. d. SITE DESIGN STANDARDS: The following standards shall apply to all development within the Airport Services district: 1. ACCESS CONTROL: The access control measures of Section 224 shall apply to all developments in the AS District with access to/from South Airport Road. 2. SHARED/CROSS ACCESS: All developments within the Airport Services District shall incorporate cooperative shared access or cross access arrangements to encourage pedestrian, non-motorized, and vehicular inter-connections. 3. LOADING: Loading requirements are subject to the provisions of Section 704. 4. PEDESTRIAN SIDEWALKS: A minimum seven (7) foot wide pedestrian sidewalk shall be installed along the frontage of all parcels facing South Airport Road and a minimum five (5) foot sidewalk shall be installed along the frontage of all parcels facing Townline Road. If outdoor seating is planned, the sidewalk may be widened to accommodate the outdoor seating area, subject to sufficient landscaping and shade trees being employed for stormwater infiltration, as visual amenities, and for shading. Sidewalks must meet the Grand Traverse County Road Commission’s Construction Standards, may be located whenever possible within the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 68 ARTICLE IV DISTRICT USES �right-of-way along the property line, or may be on private land to avoid obstructions, to avoid damaging/removing healthy trees, and to allow for outdoor seating areas. 5. UTILITIES: All utilities shall be placed underground. 6. LANDSCAPING AND BUFFERING: Site landscaping and buffering shall be provided in accordance with the provisions of Section 229. In addition, one (1) street tree shall be provided for every 75 feet of lineal roadway frontage. 7. LIGHTING: Site lighting shall be designed, installed, and maintained in accordance with the provisions of Section 210. 8. SIGNS: One (1) permanent ground mounted sign shall be permitted per parcel or series of parcels under one ownership. All such signs shall be a maximum of 6’ in height and 36 square feet in surface display area. Digital or changing message signs are specifically excluded. All illuminated signage shall be externally lighted with fixtures oriented to direct light downwards and only onto the sign face. 9. WATER AND SEWER: Public water and sewer service shall be required for all developments in the Airport Services District. 3. ARCHITECTURAL STANDARDS: The following standards shall be satisfied for all new buildings in the Airport Services District, except the where the Planning Commission finds mitigating circumstances that make compliance unfeasible. For the purposes of this section, neither the fact that an applicant could incur additional costs to achieve full compliance, or receive additional income with less than full compliance shall be considered a mitigating circumstance. A. ARCHITECTURAL STYLE: The architecture of buildings in the Airport Services District should be complimentary to the exterior appearance and architectural style of the Cherry Capital Airport terminal building (see photo below), particularly regarding sloped/pitched roof design and window presentation. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 69 ARTICLE IV DISTRICT USES �B. C. EXTERIOR BUILDING MATERIALS shall include any combination of wood, brick, glass, stone, or cement panels formed to resemble traditional materials. Common cement block, vinyl, steel, aluminum, or other synthetic materials siding shall be limited to architectural accents/detailing. ROOFS: Whenever practical, sloped/pitched roofs should be used to avoid the appearance of flat roofs. All roof-mounted equipment shall be enclosed or screened from view on all sides of a building. D. WINDOWS: Large display windows shall be required for first floor retail, business/personal service, and restaurant uses. At least 50% of the exterior wall for such uses shall consist of glass display windows. For structures intended for other uses, a least 20% of each wall shall consist of glass window openings, if visible from public areas or rights-of-way. Reflective or tinted glass which impedes views into a building shall be prohibited. Windows shall not be covered with opaque materials or blocked by shelving units or displayed goods. E. BUILDING PRESENTATION: The primary entrance to each building shall be located at street level and facing the street and/or parking lot. Primary entrances shall be designed in a manner which enhances their appearance so they are recognizable from the adjacent roads and parking areas. Whenever practical, buildings should provide a covered or recessed entry at all public entrances. Such covered entry may be permanent or retractable and with or without posts. In no case shall plastic or high-gloss awnings be utilized for a covered entry or on the building facade. Building facades should include articulation at intervals of no greater than 50 feet. Such articulation may include actual or faux window, pilasters, changes in exterior materials, architectural detailing, or other approaches to eliminate long, unbroken wall surface areas. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 70 ARTICLE IV DISTRICT USES �Where windows or façade articulation are demonstrated to be detrimental to the proposed use within the building or to site aesthetics, the Planning Commission may consider a proposed combination of foundation plantings, container plantings, or other features to break the monotony of building facades. The architectural character of the building(s) situated at the southeast corner of South Airport and Townline Roads should incorporate accents and details that highlight its prominent location. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 71 ARTICLE IV DISTRICT USES �IND ARTICLE IV DISTRICT STANDARDS SECTION 415 INDUSTRIAL DISTRICT, IND EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 72 ARTICLE IV DISTRICT USES �SECTION 415 1. INDUSTRIAL DISTRICT, IND INTENT: The industrial land uses in the industrial district are intended to be formed in organized planned developments which are developed for a community of industries with the following purpose: To make available a wide range of suitable sites for all types of manufacturing and related activities, to protect residences by separating them from manufacturing activities by prohibiting the use of this space for new residential development, to permit the location of manufacturing plants on the basis of ability to comply with performance standards rather than of produce or process, and to protect manufacturing and related developments against congestion by limiting the bulk of buildings in relation to the land around them and to one another. The plan of an industrial area should also include provisions for transportation, utilities, the use of land, and must ensure adequate control of the area and buildings through zoning regulations, private restrictions incorporated as legal requirements in deeds of sale or leases, and the provision of continuing management for the intent of protecting the investments of both developers of the district and industries occupying improved sites. PERMITTED USES (Revised 5/5/12 and 5/13/19) Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* ♦ Accessory uses related to uses permitted by right ♦ Building, electrical, mechanical plumbing contractors ♦ Architecture, engineering and design businesses ♦ Fabrication and assembly operations ♦ Construction equipment sales and supplies ♦ Essential Service Facility, Routine ♦ Industrial Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 222 and the Subdivision Control Ordinance ♦ Laboratories ♦ Medical Marihuana Primary Caregiver Facility, pursuant to Section 232. ♦ Manufacturing and processing operations ♦ Printing, publishing and allied industries ♦ Mobile Food Vehicle, subject to Section 236 (Revised 2/20/21) ♦ Packaging, canning and bottling operations ♦ Research, development and testing operations ♦ Professional offices, subject to Section 415,2,m. ♦ ♦ Showroom for office and building trades Warehousing of products produced on premises ♦ Combination of uses, subject to Section 415.5 (Revised 5/23/22) ♦ Crematoriums, as defined in Section 1404.C. ♦ EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 73 and ARTICLE IV DISTRICT USES �SPECIAL LAND USES ♦ Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Rev. 5/5/12) ♦ Combination of uses permitted by right or as special land uses, subject to Section 415.5 (Revised 5/23/22) ♦ Essential Service Facility, Major ♦ Fitness Centers, subject to the provisions of Section 623 ♦ Limited Retail Sales, subject to the provisions of Section 639 ♦ Personal wireless communication facilities, subject to the provisions of Section 634 ♦ Planned Unit Developments, subject to Section 637 ♦ Vehicle Repair Facilities, subject to Section 638 ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, detached single family dwellings in other than a cluster sub-division and permitted commercial or industrial development within an approved planned. (Revised 4/21/07) ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229 DISTRICT REGULATIONS (Revised 12/28/15) ♦ Minimum Lot Area: 40,000 sq. ft. ♦ Minimum Industrial Area: 10 acres ♦ Minimum Lot Width: 150 feet ♦ Maximum Dwelling Units/Acre: N/A ♦ Maximum Building Height: 50 feet ♦ Minimum Building Setbacks: Front: 40 ft. Side: 20 ft. Rear (a): 40 ft. ♦ Maximum Lot Coverage: 50% ♦ Minimum Floor Area: N/A ♦ Maximum Building Footprint: 50,000 sq. ft.(b) Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The Planning Commission may approve exceptions to allow a larger building footprint pursuant to Section 504, 3 and Section 624. (a) (b) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 74 ARTICLE IV DISTRICT USES �2. 3. USES PERMITTED BY RIGHT: The following uses shall be permitted, subject to the requirements of Site Plan Review as set forth in Article VIII, Section 820. a. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12 and 5/13/2019) b. Accessory uses related to uses permitted by right c. Architecture, engineering and design businesses d. Building, electrical, mechanical and plumbing contractors e. Construction equipment sales and supplies g. Essential Service Facility, Routine h. Fabrication and assembly operations i. Industrial Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222. j. Laboratories k. Manufacturing and processing operations l. Medical Marihuana Primary Caregiver Facility, pursuant to Section 232 (Rev. 4/24/2011) m. Mini-warehouse, self-storage without regard to floor area size, providing all other dimensional standards of the district are met n. Mobile Food Vehicle o. Packaging, canning and bottling operations p. Printing, publishing and allied industries q. Professional and business offices, including medical and dental offices, provided that medical or dental offices shall not accommodate patients overnight. (Rev. 9/8/08) r. Research, development and testing operations s. Showroom for office and building trades t. Warehousing of products produced on premise u. Crematoriums, as defined in Section 1404.C. v. Combination of uses subject to Section 415.5 (Revised 5/23/22) SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: The following special uses may be permitted, subject to the conditions herein specified for each use, and after review and approval as specified herein, and Articles VI and VIII, Section 820; Site Plan Review provisions. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Rev. 5/5/12) b. Essential Service Facility, Major, subject to the provisions of Section 628 EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 75 ARTICLE IV DISTRICT USES �4. c. Fitness Centers, subject to the provisions of Section 623 d. Limited Retail Sales, subject to the provisions of Section 639. (Rev. 2/8/10) e. Personal wireless communication facilities, subject to the provisions of Section 634 f. Planned Unit Developments, subject to the provisions of Section 637 g. Vehicle Repair Facilities, subject to Section 638 h. Combination of uses subject to Section 415.5 (Revised 5/23/22) REQUIRED CONDITIONS for ALL USES: All uses permitted either by right or as a special use are also subject to the following conditions in addition to any imposed in other sections; a. LOT COVERAGE for BUILDINGS: No more than 50% of the area of the lot may be covered by buildings, including accessory buildings. b. OPEN SPACE: All lots shall have a minimum of twenty-five percent (25%) of total lot area devoted to landscaped open space, of which thirty percent (30%) of this area shall contain woody vegetation (trees and shrubbery). Landscaped open space does not include driveways and parking. All existing trees over five inches (5") diameter breast height, shall be retained as possible. c. LANDSCAPING: The Industrial Park Plan shall include a basic landscaping scheme for the entire development. d. FACING of INDUSTRIAL DISTRICTS: When applicable, industrial uses shall face other business or industrial districts across a road if within a business or industrial district, and shall not face a residential zone which may front on an intersecting or rear street adjacent to such business or industrial zone. e. ACCESS to INDUSTRIAL USES: Where industrial district property abuts two (2) roads, and where that portion of such road abutting industrial district property also abuts any residential district, access to such industrial district property shall be provided only from the road not abutting a residential district. f. STREETS: Primary streets within the development shall have a minimum rightof-way of sixty-six (66) feet and all street improvements shall be subject to the same standards required by Grand Traverse County. g. RAIL SERVICE: Rights-of-way for rail service shall be a minimum of seventeen (17) feet for a single track and thirty-three (33) feet for a double track. h. UTILITIES: 1) Water and sewer: All developments shall be serviced with central water systems, and central sewer systems. Approval of these systems shall be a prerequisite to approval of the Industrial Park Plan. 2) Storm water drainage and retention: The Plan for storm water drainage shall be approved by the Grand Traverse County Drain Commission and Soil Erosion Control Department. Any development shall be designed to provide for retention of Storm water on-site and release it at a rate that occurs normally in the watershed prior to development. Significant EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 76 ARTICLE IV DISTRICT USES �vegetative filter areas shall be established between the stream and the outlet of retention basins. 3. Other Utilities: All other utilities shall be placed underground, where applicable. i. WETLANDS and FLOOD PLAINS: Before any Township approval is considered, all uses shall provide the appropriate state permits regarding wetlands and flood plains or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable laws. j. BUILDING SETBACK from RIVERS and STREAMS: Where a lot adjoins or is intersected by a river or stream, any structure located thereon shall be setback a minimum of fifty (50) feet from said water. k. BUILDING PROVISIONS in DESIGNATED FLOOD PLAINS: All development contained within a designated one-hundred (100) year flood plain shall be established above the recommended elevation that is established for that area. l. SCREENING of INDUSTRIAL PROPERTY: Any lot in the industrial district, abutting or across the street from a residential or the Regional Business district shall provide screening; either a four and one-half (4.5) foot masonry wall or fence of solid or open face construction along the length abutting the district, or evergreen plantings with a minimum of six (6) feet in height and ten (10) feet in depth. m. OUTDOOR STORAGE: All outside storage shall provide for appropriate screening materials including woody vegetation, walls, or opaque fencing. Outdoor storage shall not be within the front yard of the lot. n. PERFORMANCE STANDARDS: The following performance standards are intended to ensure that use of property does not unreasonably interfere with another persons' use of their property; a) Smoke: No use may emit from a vent, stack, chimney, or combustion process, any smoke that is visible to the naked eye. b) Noise: No use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by the use, if that use is one of several located on a lot or uses located on adjacent lots. Noise resulting from temporary construction activity that occurs between 7 a.m. and 7 p.m. shall be exempt from the requirements of this section. c) Vibration: No use shall generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration, if the enterprise generating the vibration is the only enterprise located on a lot. Vibrations resulting from temporary construction activity that occurs between 7a.m. and 7 p.m. shall be exempt from the requirements of this section. d) Odors: For purposes of this section, the "odor threshold" is defined as the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 77 ARTICLE IV DISTRICT USES �minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of the Zoning Administrator and/or a Township appointed panel of healthy observers. No use may generate any odor that reaches the odor threshold, measured at the outside boundary of the immediate space occupied by the enterprise generating the odor, or the lot line, if the enterprise generating the odor is the only enterprise located on a lot. a) Air: Any use that emits any "air contaminant" as defined in Michigan State Laws shall comply with the applicable state standards concerning air pollution, as set forth in the Michigan State Air Pollution Control Law. Before any Township approval is considered, all uses shall provide the appropriate state permits regarding the above or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws. b) Disposal of Liquid Wastes: No use may discharge any waste contrary to the provisions of Michigan State law governing discharges of radiological, chemical, or biological wastes into surface or subsurface waters. No use may discharge into a central sewer system any waste that cannot be adequately treated by biological means. c) Electrical Disturbance or Interference: No use may create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. 4. DIMENSIONAL STANDARDS, yard, structure height, lot area and lot width shall conform to the requirements of Article V. 5. COMBINATIONS OF USES, In the review of site plans and/or special land use permit applications for uses involving combinations of uses otherwise permitted by right or by special land use approval in the IND district, the Planning Commission shall find that all such uses shall be mutually compatible with one another and that all special land use standards applicable to any such component use in a combined land use shall be met. Provided, however, that the Planning Commission may approve joint parking arrangements to serve such combined uses as provided in Section 700.3. (Revised 5/23/22) SECTIONS 416-420 EAST BAY TOWNSHIP ZONING ORDINANCE RESERVED FOR FUTURE USE ARTICLE IV- 78 ARTICLE IV DISTRICT USES �AG ARTICLE IV DISTRICT STANDARDS SECTION 421 AGRICULTURAL - RURAL DISTRICT, AG EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 79 ARTICLE IV DISTRICT USES �SECTION 421 AGRICULTURAL-RURAL DISTRICT, AG (Revised 5/14/18) 1. INTENT. This district is intended to accommodate traditional agriculture activities, while maintaining an alternative residential environment in accessible rural areas at low densities. It also designed to protect community and family values of a rural land character. PERMITTED USES ♦ Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet.* (Revised 5/5/12) ♦ Purchase of Development Rights ♦ Public parks ♦ Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. ♦ Keeping of animals* ♦ Dwelling, detached single family* ♦ Commercial agriculture* ♦ Essential Service Facility, Routine ♦ Accessory uses related to uses permitted by right* ♦ Farm operations and farm buildings* ♦ Forestry and wildlife management* ♦ Golf courses ♦ Greenhouses and nurseries ♦ Home occupations subject to Section 217* ♦ Kennels and animal clinics ♦ Outdoor storage of up to 4 R.V.s* ♦ Roadside stands ♦ Bed and Breakfast * three or less guest rooms, subject to Section 234 (Revised 2/10/20) * Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. SPECIAL LAND USES Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels. (Revised 5/5/12) ♦ Agriculture service establishments ♦ Places of public assembly, subject to the provisions of Section 636 ♦ Bed and Breakfast ♦ Airport ♦ Civic clubs ♦ Cemeteries ♦ Education facilities ♦ Day Care, group, serving 7 to 12 children ♦ Essential Service Facility, Major ♦ Foster Care, Adult, serving 7-12 residents subject to Section 622 ♦ Gravel pits ♦ Personal wireless communication facilities ♦ Mini-warehouse, of 8,000 sq. ft. or less, subject to Section 630 ♦ Planned Unit Developments, subject to Section 637 ♦ Bed and Breakfast * four to ten guest rooms, subject to Section 234 (Revised 2/10/20) ♦ EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 80 ARTICLE IV DISTRICT USES �ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 820 for all uses other than accessory buildings with floor area less than or equal to the footprint of the principal structure, keeping of animals, detached single family dwellings, farm operations and farm buildings, home occupations, outdoor storage of up to 4 recreational vehicles (R.V.s), commercial agriculture, accessory uses related to uses permitted by right and forestry and wildlife management. ♦ Parking and Loading requirements subject to Article VII ♦ Signage requirements subject to Section 215 ♦ Lighting requirements, subject to Section 210 ♦ Landscaping and Buffering requirements, subject to Section 229. DISTRICT REGULATIONS ♦ Minimum Lot Area: 40,000 sq. ft. ♦ Minimum Lot Width: 150 ft. ♦ Maximum Dwelling Units/Acre: 1 ♦ Maximum Building Height: 2½ stories, or 35’ ♦ Minimum Building Setbacks: (a) Front 30 ft. Side 10 ft. (each side) Rear 35 ft. ♦ Maximum Lot Coverage: N/A ♦ Minimum Living Space Dimensions: 24’ x 24’ ♦ Minimum Floor Area (One family): 768 sq. ft. Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on Mitchell and Baker Creeks where the setback shall be 100 feet. (a) 2. USES PERMITTED BY RIGHT. A building or parcel within the AG district shall be used for the following purposes only: a. Accessory buildings with floor area less than or equal to the footprint of the principal building, and up to 150% of such footprint on parcels of at least 40,000 square feet. Such uses shall not require site plan review by the Planning Commission. (Revised 5/5/12) b. Accessory uses related to uses permitted by right. Such uses shall not require site plan review unless required for the principal use. c. Animals; raising, grazing, feeding or training, boarding and/or stabling. This includes the keeping of horses. No enclosure or space for the disposing of pelt producing animals, pelts, carcasses or waste products shall be located less than 1,000 feet from any adjoining property and/or highway right-of-way. Such uses shall not require site plan review. d. Commercial agriculture. Such uses shall not require site plan review. e. Dwelling, detached single family. Such uses shall not require site plan review. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 81 ARTICLE IV DISTRICT USES �f. Essential Service Facility, Routine g. Subdivisions, and condominium subdivisions, clustered or traditional subject to Sections 226, 222 and the Subdivision Control Ordinance. h. Farm operations and farm buildings. Such uses shall not require site plan review. i. Forestry and wildlife management, including storage buildings for forestry and wildlife use. Such uses shall not require site plan review. j. Golf courses. k. Greenhouses and nurseries. l. Home occupations subject to Section 217. Such uses shall not require site plan review. m. Kennels and animal clinics, providing that all animal enclosures shall be erected at least 100 feet from single family dwellings, parks, schools, or non-agricultural zoning districts. The 100 foot setback shall not apply to a single family dwelling related to the use. n. Outdoor storage of up to 4 Recreation Vehicles (R.V.s). Such uses shall not require site plan review. o. Publicly and privately owned and operated parks, preserves, open space, and conservation areas. p. Purchase of Development Rights, subject to review and approval of the Planning Commission for consistency with the East Bay Township Master Plan. q. Roadside stands. 3. SPECIAL LAND USES and ACTIVITIES ELIGIBLE for APPROVAL CONSIDERATION: The following special land uses may be permitted after review and approval of the Township Planning Commission, subject to the conditions, procedures, and standards herein specified, the provisions of Article VI and after the Site Plan Review procedure as specified in Section 820 of this Ordinance. a. Accessory buildings with floor area greater than the footprint of the principal building on parcels of up to 40,000 square feet, and with floor area greater than 150% of such footprint on all other parcels, subject to Section 603. (Rev. 5/5/12) b. Agricultural service establishments, subject to the provisions of Section 604. c. Airports, subject to the provisions of Section 605. d. Bed and breakfast establishments, subject to the provisions of Section 606. e. Cemeteries, subject to the provisions of Section 610. f. Civic club, subject to the provisions of Section 613. g. Daycare, group, serving seven to 12 children, subject to the provisions of Section 616. h. Education facilities, subject to the provisions of Section 619. i. Essential Service Facility, Major, subject to the provisions of Section 628. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 82 ARTICLE IV DISTRICT USES �j. k. l. m. n. o. Foster Care, Adult, serving 7 to 12 residents, subject to the provisions of Section 622. Gravel pits, subject to the provisions of Section 620. Mini-warehouse, self storage less than 8,000 square feet, subject to the provisions of Section 630. Personal wireless communication facilities, subject to the provisions of Section 634. Places of public assembly, subject to the provisions of Section 636. Planned unit development, subject to the provisions of Section 637. SECTION 422 RESERVED FOR FUTURE USE EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 83 ARTICLE IV DISTRICT USES �PNR ARTICLE IV DISTRICT STANDARDS SECTION 423 POCKET NEIGHBORHOOD DISTRICT, PNR EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 84 ARTICLE IV DISTRICT USES �SECTION 423 Pocket Neighborhood Residential District, PNR (Revised 6/12/17) 1. INTENT. The PNR, Pocket Neighborhood Residential (PNR) district is intended to provide appropriate locations for well-designed, affordable, smaller footprint owneroccupied and renter-occupied one-family and two-family detached dwellings, such as bungalow courts and cottage clusters. Pocket neighborhoods should be aesthetically pleasing and of sound construction which is well-maintained throughout the project’s intended lifespan. The PNR district is meant to be a transitional zoning district between more intensive and less intensive zoning classifications. Pocket residential neighborhoods must be served by public utilities and should be situated in close proximity to community services such as schools, parks, trails, local businesses, and similar uses. ♦ ♦ ♦ ♦ ♦ * ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ (a) (b) (c) PERMITTED USES Bungalow courts and cottage clusters, subject to Section 647 Minor accessory buildings, carports, and garages* Essential Service Facility, Routine Home occupations subject to Section 217, but only permitted within the dwelling* Public parks, particularly pocket parks Denotes uses that do not require site plan review. All such uses shall, however, be subject to the requirements for the issuance of a Land Use Permit. ADDITIONAL STANDARDS Site Plan requirements subject to Section 820 for all uses, other than minor accessory buildings, garages, carports, detached single-family dwellings, two-family dwellings, and home occupations. Parking and Loading requirements, subject to Article VII. Bungalow courts and cottage clusters, subject to Section 647. Signage requirements, subject to Section 215. Lighting requirements, subject to Section 210. Landscaping and Buffering requirements, subject to Section 229. DISTRICT REGULATIONS (a) Minimum Lot Area: 3,000 sq. ft. Maximum Number of Units: 40 Maximum Dwelling Units/Acre: 12 Maximum Building Height: 26 feet Minimum Building Setbacks: (b) Front 25 ft. Side 7 ft. (each side) Rear 20 ft. (b) Maximum Lot Coverage: N/A Minimum Floor Area: 400 sq. ft. Maximum Floor Area: 1,200 sq. ft. For regulations pertaining to bungalow courts and cottage clusters, see Section 647. Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam and on Mitchell and Baker Creeks where the minimum setback shall be 100 feet. The rear yard setback shall be 45 feet from elevation 581’ USGS datum properties located on Gd. Traverse Bay. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 85 ARTICLE IV DISTRICT USES �2. 3. USES PERMITTED BY RIGHT. A building or parcel within the PNR district shall be used for the following purposes only: a. Bungalow courts and cottage clusters, subject to Section 647 and site plan review. Individual units within the bungalow court or cottage cluster shall not be subject to site plan review. b. Essential Service Facility, Routine. c. Subdivisions (Plats), subject to the Subdivision Control Ordinance, and Condominium Subdivisions subject to Section 222 and Cluster Subdivision, subject to Section 226. d. Publicly owned and operated parks, with an emphasis on pocket parks. e. Minor accessory buildings. Such uses shall not require site plan review. f. Home occupations; conforming to the provisions of Section 217, except they shall only be permitted in the dwelling and not an accessory building. Such uses shall not require site plan review. DIMENSIONAL STANDARDS. Yard, structure height, lot area, minimum gross living area and minimum living space dimensions, and lot width shall conform to the requirements of Article V. SECTION 424-499 RESERVED FOR FUTURE USE EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IV- 84 ARTICLE IV DISTRICT USES �ARTICLE V DIMENSIONAL REQUIREMENTS SECTION 500 YARD REQUIREMENTS TABLE The required front, side and rear yards, and maximum structure height for each district shall be as shown on the accompanying Table No. l. In those cases where a site plan has been approved for a clustered subdivision or a grouped housing development by the Township, the site plan front, side and rear yard setbacks will replace the requirements of Table No. 1. SECTION 501 BUILDING PROJECTIONS (Revised 6/24/06 and 8/21/15) 1. Every part of the required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard, and except as follows: a. Certain architectural features such as cornices, eaves, gutters, chimneys, pilasters, and similar features may project three (3) feet into the required front setback areas, five (5) feet into required rear setback areas, and two (2) feet into the required side yard setback areas. b. An unenclosed porch, deck, or awning may project into the required yard areas in accord with the following: (Revised 8/21/15) 1) Into the required rear setback area for a distance not to exceed fifteen (15) feet in all districts, except for that portion of the LA District which shall be subject to sub-paragraph (4) hereof; 2) Into the required front setback area for a distance not to exceed six (6) feet; 3) Into the required side setback area not to exceed three (3) feet, 4) In that portion of the LA District subject to the Forest Lakes Overlay District pursuant to Section 231, an unenclosed elevated deck or patio built at grade may project into the rear, or waterfront setback area for a distance not to exceed ten (10) feet, provided the requirements of this subparagraph are satisfied. a) Any such deck shall have a surface comprised of wood or composite boards separated by at least one-eighth (1/8) inch for drainage. b) Any such deck shall be mounted on posts or columns with an outside dimension no greater than eight inches square (8” x 8”). c) Low-growing, non-invasive native vegetation shall be established over all areas beneath such deck and surrounding such deck or patio where sufficient light and air are available to support it. Under the deck and in other areas where low-growing, non-invasive native vegetation cannot be established, erosion mats or mulch shall be installed to stabilize the soil. d) Porches, awnings or other impervious features shall not be extended into the required waterfront setback area. 5) In no case shall a balcony, enclosed porch, deck, or awning be placed closer than five (5) feet to any lot line. No such unenclosed porch or deck shall subsequently be enclosed except in conformance with all terms of this Ordinance. Except as provided in subparagraph (4) hereof, no structure, EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 1 ARTICLE V DIMENSIONAL REQUIREMENTS �2. other than a permanent or temporary dock shall be permitted to be located nearer than fifty (50) feet from a lake, stream, drainage way or other body of water; provided, however, that on the Boardman River, such minimum setback distance shall be one hundred fifty (150) feet on those portions of the river upstream from the Brown Bridge Dam and one hundred (100) feet on those portions downstream from the Brown Bridge Dam, and on Mitchell and Baker Creek where the minimum setback shall be one hundred (100) feet. c. Fire escapes, outside stairways, and balconies, if of open construction, may project into the yard to a maximum of five (5) feet. A canopy or marquee may project into a required front or rear yard not more than ten (10) feet. SECTION 502 ACCESSORY BUILDINGS (Revised 11/30/15) 1. Except as provided in subparagraph 2 of this section, no accessory building shall be located between the lot line and the side yard setback line. On properties that do not include water frontage, accessory buildings shall not be located closer than twenty (20) feet from the front or rear property line. In the Lakes Area (LA) and Boardman River (BR) Districts, no accessory buildings shall be permitted to be located within one hundred-fifty (150) feet of the Boardman River upstream from the Brown Bridge Dam or one hundred (100) feet downstream from the Brown Bridge Dam, or fifty (50) feet of any other lake or stream. 2. Minor Accessory Buildings. In all zoning districts, up to 2 Minor Accessory Buildings shall be permitted per lot. Minor Accessory Buildings may be located between the lot line and the side or rear yard setback line and Minor Accessory buildings shall not require a land use permit. In the Lakes Area (LA) and Boardman River (BR) Districts on waterfront properties, not more than one (1) of the Minor Accessory Buildings allowed per parcel may be located within the rear (waterfront) yard setback area, but not less than sixteen (16) feet from the ordinary high water mark nor less than ten (10) feet from any side lot line. Such Minor Accessory Building shall be located on a portion of the property without existing woody vegetation and on a permeable surface such as two (2) inch stone or an erosion mat extending at least twelve (12) inches beyond the dripline of the building roof to control runoff. Per Section 231, 6, f, such Minor Accessory Building shall have a non-reflective exterior finish. (Revised 11/30/15) 3. Minor accessory buildings may occupy not more than 30 percent of a required rear yard, and unenclosed parking spaces may occupy not more than 90 percent of a required rear yard. 4. Except as provided in this sub-paragraph, no accessory building or private garage shall be moved onto or constructed on a parcel before the principal building is moved onto or constructed on said parcel. Provided, however, a storage building used for greenhouses, storage of farm related equipment, nursery or wood lot may be permitted without a single family dwelling within the RR, AG, LA, BR and NA zoning districts. 5. No detached private garages shall be located closer than three (3) feet to the main/principal building. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 2 ARTICLE V DIMENSIONAL REQUIREMENTS �6. No mobile home, manufactured housing unit, travel trailer, semi-trailer or similar temporary or transportable facility shall be used as an accessory building in any district in the Township. SECTION 503 FRONT YARDS 1. Interior lots having a frontage on two streets shall provide the required front yards on both streets. 2. Corner lots in all zoning districts shall be deemed to have front lines abutting the street rights-of-way and the other lot lines shall be deemed to be side lot lines and the front and side yard setback standards for the zoning district shall apply; provided that the requirements of this subparagraph shall not apply to lot lines that abut alleys. (Revised 4/24/11) 3. No fence, sign, structure or planting which obstructs visibility shall be maintained within 25 feet of any street intersection. SECTION 504 EXCEPTIONS (Revised 12/28/15 and 12/24/16) 1. Filling station pumps which are more than 50 feet from the boundary of a residential district may be located within a required yard provided they are 12 feet from any road right-of-way. 2. Permitted Height Exceptions: a. Structural appurtenances: When a given use is permitted in any district, the following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized uses: 1) Ornamental in purpose, such as church steeples, belfries, cupolas, domes, ornamental towers, and flag poles, PROVIDED that such structural elements do not exceed twenty percent of the gross roof area. 2) Appurtenances to mechanical or structural functions, such as chimney and smoke stacks, water tanks; elevator and stairwell penthouses, ventilators, bulkheads, radio towers, aerials, fire and hose towers and cooling towers. 3) Commercial freestanding towers when not attached to a building or structure, shall be constructed under applicable State and Federal regulations and approved by the Planning Commission. The foregoing permitted exceptions shall not be uses for human occupancy. b. Residential Districts: There shall be no exceptions for structures located in residential districts except for school and church structures which may be permitted to exceed height limitations by action of the Planning Commission. Such variances shall be permitted PROVIDED each front, side and rear yard minimum is increased one foot for each additional one foot of height above the district maximum. 3. Building Footprint Exceptions. The Planning Commission may consider exceptions to the standards governing the maximum building footprint permitted by right in the East Bay Corners, Local Business, Regional Business, Professional Office, Airport Services, and Industrial Districts, subject to the special land use standards of Article 6 and the specific regulations pertaining thereto set forth in Section 624. (Revised 12/28/15 and 12/24/16) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 3 ARTICLE V DIMENSIONAL REQUIREMENTS �SECTION 505 1. Required minimum front, side and rear yards, (dimensions in feet and measured from the appropriate property line or street right-of-way, provided; however, that accessory buildings may be constructed not closer than 20 feet from the front or rear property line or street right-of-way), and maximum structure height. Provided that within the Mitchell Creek and Baker Creek Overlay District, setback requirements may be modified to protect sensitive natural features. TABLE NUMBER 1 - YARD SETBACKS and STRUCTURE HEIGHTS (Rev. 1/27/14, 10/25/16, 6/12/2017 and 7/24/20) Zoning District Front (j) Each Maximum Height Maximum Height (Street) Side (j) Rear (i) Stories (g) Feet(g) LDR 30 10 35/45(b) (f) 2-1/2 35 MDR 25 8 25(f) 2-1/2 35 HDR 20 6 25(f) 3 40 3 40 MHC 30 10 35(f) RR 30 10 35(f) 2-1/2 35 LB 30 10 20 2-1/2 35 RB 30 10(a)/15(c) 20/45(b) EBC 30(h) 10 20 PO 20 10 20 35 IND 40 20 40 50 AG 30 10 35(f) 2-1/2 35 LA 30 10(d) 35(f) 2-1/2 35 PNR 25 7 20(b) BR 30 10(d) 50(f) 2-1/2 35 NA 30 10(d) 35(f) 2-1/2 35 AS 25/20 (k) 0/25 (l) 15/100 (m) 3 40 35/50(e) 2½ 35 26 Table 1 Notes (a) Adjoining Commercial Use. (b) From the Bluffline on Grand Traverse Bay. (c) Adjacent to a detached single family dwelling. (d) 20% width of Lot. (For lots less than 50 feet in width) (e) For parcels south of US-31 North (f) Except as provided in Section 501, b, where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam. (Revised 8/21/15) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 4 ARTICLE V DIMENSIONAL REQUIREMENTS �(f) Where a lot adjoins or is intersected by a lake, stream, drainage way or other body of water, any structure located thereon shall be set back a minimum of 50 feet from said water, except on the Boardman River where the minimum setback shall be 150 feet on those portions of the river upstream from the Brown Bridge Dam and 100 feet on those portions of the river downstream from the Brown Bridge Dam. (g) Structure heights shall be the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs. (h) Except buildings shall be set back 100 feet from Hammond and Three Mile Road and 53 feet from the centerline of Carlisle Roads. (Revised 3/8/19) (i) Within the Mitchell and Baker Creek Protection overlay district, there shall be a 100 foot stream protection buffer provided, as set forth in Section 219 hereof. (j) The minimum front yard setback shall apply to principal buildings, but not accessory buildings. (k) Along S. Airport Road, the maximum is 25 feet and along Townline Road, the maximum is 20 feet. (l) Adjacent to single-family dwellings is 25 feet; 0 feet otherwise. (m) Minimum 100 feet from Mitchell Creek; 15 feet otherwise. 2. In Local Business (LB) district truck access on the premises to all parts of the premises must be provided which is suitable for small tired vehicles, sanitation equipment, fire trucks, ambulances, and other necessary types; access must be at least ten feet in width and have height clearance of at least 12 feet. Adjoining lot owners may divide access widths by a duly recorded agreement providing for same. Where truck access is provided to all parts of the premises by other than approved on-premise means, no side yard shall be required. 3. In any district, any building wall hereafter placed five feet or less from either side or rear property line shall be of two hour fire resistant construction, as established by the National Board of Fire Underwriters standards accepted at the time of placement. Any building or wall placed from five to ten feet from either side or rear property lines shall be of one hour fire resistant construction established as above. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 5 ARTICLE V DIMENSIONAL REQUIREMENTS �TABLE NUMBER 2 - (a)MINIMUM GROSS LIVING AREA PER DWELLING UNIT IN SQ. FT. AND (b) MINIMUM EXTERIOR DIMENSIONS IN FEET (Rev. 3/27/13, 1/27/14, 10/25/16, 6/12/2017 and 5/23/22) ~ Zoning District ,-LDR I I JI Minimum Gross Living Area I ~ Single Family I Two Family I 768 N/A N/A 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. MDR 768 576 400 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. HDR 768 576 400 768 to 1,000 sq. ft. living area: 24 feet, More than1,000 sq. ft. living area: 22 feet. MHC 768 576 400 RR 768 576 N/A 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. LB 768 576 400 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet - EBC 768 576 400 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. ,___ ~ r-~ Minimum Exterior Dimension for 1& 2 Family Units Multiple Family ~ - 12' Width - - RB N/A N/A N/A not applicable AG 768 N/A N/A 768 to 1,000 sq. ft. living area: 24 feet, More than1,000 sq. ft. living area: 22 feet.(c) LA 768 N/A N/A 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. BR 768 N/A N/A 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. NA 768 N/A N/A 768 to 1,000 sq. ft. living area: 24 feet, More than 1,000 sq. ft. living area: 22 feet. AS N/A N/A 400 N/A PNR 400 N/A N/A Maximum of 1,200 sq. ft. - - - - (a) Minimum gross living area is determined by measuring the area enclosed by the exterior perimeter wall including finished living areas on floors other than the main floor, but not including garages, decks, basement, etc. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 6 _J 48' 15' 1~ (b) Minimum exterior dimensions are measured along one wall face including the sum of all wall segments with essentially the same general orientation (as illustrated in Figure 5.1) and each wall face shall meet the minimum requirements of Table Number 2. (c) In the AG district, dwellings legally in existence as of February 1, 2013 and which fail to meet the minimum exterior dimension requirements of this Section shall be regarded as in compliance and shall not be considered to be nonconforming under the requirements of Article II. (Revised 3/27/13) - 18' J 7 12' I 15'1 ~ 34 22' L Figure 5.1 ARTICLE V DIMENSIONAL REQUIREMENTS �4. TABLE OF REQUIREMENTS. The minimum lot area and minimum lot width per family for each district shall be as shown on the accompanying Table No. 3. a. Two or more parcels, lot of legal record or platted lots, when contiguous and when held in common ownership, may be treated together as a single lot for purposes of this Ordinance, provided that such lots are located in a single district. b. No requirements contained in this Article shall prevent the use of a lot or parcel of land of lesser size provided the same was of legal record prior to March 1, 2003. c. Where a multiple housing development has been approved by a special use permit, the provisions of that permit regarding lot width and lot area shall replace the requirements of Table No. 3. d. Where a clustered subdivision has been approved by the Township, the lot area and lot width shall replace requirements of Table No. 3. e. For Flag Lots, as defined herein, established after March 1, 2003, the minimum lot width shall be measured at the midpoint between the front and rear lot lines and shall not be less than the required minimum lot width for the district in which the parcel is located. For such Flag Lots, the minimum width of the access rightof-way shall not be less than thirty-three (33) feet. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 7 ARTICLE V DIMENSIONAL REQUIREMENTS �TABLE NUMBER 3* - MAXIMUM DWELLING UNIT DENSITY & REQUIRED MINIMUM LOT WIDTH AND LOT AREA (Rev. 1/27/14, 10/25/16, 6/12/17, and 5/23/22) Note: CS = Central Sewer system, CW = Central Water system. Parcels with either central water or central sewer, but not both, shall be regarded as having neither, for the purposes of dimensional standards of this zoning ordinance. Note: For all districts, minimum water frontage required is one hundred feet (100') Minimum Parcel Dimensions(a) Zoning Districts Lot Width (feet) Lot Area (sq. ft. except as noted) Density (b) (dwelling units per acre) Without CS and CW With CS and CW Without CS and CW With CS and CW Without CS and CW With CS and CW LDR MDR HDR MHC RR LB EBC RB PO IND LA AG BR 150 150 150 150 150 150 150 150 150/200(c) 100 80 60 100 125 100 100 150 -0 12,000 8,000(e) 5,500(f) 12,000 25,000 20,000 20,000 20,000 40,000(d) - 1 1 1 1 1 1 1 1 1 or 0.4(c) 3 5 8 12 8 8 - NA AS PNR 250 - 75 - 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 or 2.5 Acres(c) 5 Acres - 3,000 0.2 - - (g) - *Table Notes (a) For individual lots in subdivision (based on net lot area) or lots not part of a Grouped Housing Development, Clustered Subdivision or Multiple Family Housing Development. (b) For Grouped Housing Development, Clustered Subdivisions and Multiple Family Housing Developments (based on gross parcel area). (c) Within 400 feet of water's edge of the Boardman River, minimum lot area is 2½ acres with 200 feet of width. (d) The minimum parcel size for an industrial park is 10 acres. (e) For the first unit, plus 7,500 square feet for each additional unit on the same parcel, up to a maximum density of 5 dwelling units per acre density. (f) For the first unit, plus 4,800 square feet for each additional unit on the same parcel, up to a maximum density of 8 dwelling units per acre density. (g) Form-based standards – as a result, density is based on meeting those standards versus a specific minimum. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE V- 8 ARTICLE V DIMENSIONAL REQUIREMENTS �ARTICLE VI – SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES SECTION 600 SPECIAL LAND USES A Special Land Use is a use that permitted within a specified zone district after meeting specific requirements listed in this Article VI. It is the purpose of this Article to name, describe, and list any additional requirements for each individual conditional land use. Due to the nature of the use, Special Land Uses require special consideration in relation to the welfare of adjacent properties and to the community as a whole. SECTION 601 SPECIAL LAND USE PROCEDURES A Special Land Use application shall be submitted and processed according to the following procedures: 1. 2. SUBMISSION OF APPLICATION. An application shall be submitted to the Zoning Administrator on a Special Land Use Permit Application form. Upon receipt of a complete application, the Zoning Administrator shall place the request on the agenda for the next regularly scheduled Planning Commission meeting. A complete application under this Section shall be one that specifically addresses the items set forth in this Section. DATA REQUIRED. A Special Land Use Application shall include the following information. a. A complete Special Land Use Application including the following information: 1) Name and address of applicant. 2) Legal description, property parcel number and street address of the subject parcel of land. 3) Area of the subject parcel of land stated in acres, or if less than one (1) acre, in square feet. 4) Present zoning classification on parcel. 5) Present and proposed land use. 6) Applicant's statement of the expected effect on emergency service requirements, schools, storm water systems, automobile and truck circulation patterns, and local traffic volumes. 7) Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be required by the Township Zoning Administrator or the Planning Commission. b. A complete Site Plan containing all the applicable data required by Section 820, site Plan Review. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 1 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �c. Supporting statements, evidence, data, information and exhibits that address the standards and requirements for assessing Special Land Use Applications as provided in Section 602. d. Any additional information deemed necessary for the Planning Commission to determine the impact of the proposed Special Land Use on the adjacent properties, public infrastructure, and community as a whole. Such information may take the form of, but is not limited to, traffic impact analysis, environmental impact assessments, or reports and/or testimony by officials representing state, county or local departments of public safety (police and fire), health, highways or roads, and/or environment. If the proposed Special Land Use plan has been reviewed by a Peer Review Group or Agency operating within Grand Traverse County or an area within the Northwest Michigan Council of Governments, the results of such peer review may be submitted with the application for a Special Land Use. (Revised 4/21/07) e. The Zoning Administrator may, with the approval of the Planning Commission, waive the submission of materials outlined in this Section if such materials are determined to be not applicable to the application. 3. SPECIAL LAND USE REVIEW PROCEDURES. An application for Special Land Use Approval shall be processed as follows: a. Planning Commission Review. A complete application for special land use approval shall be submitted not less than thirty (30) days prior to the date on which the Planning Commission shall first consider it. The Zoning Administrator shall determine whether the application is complete and, if it is determined to be complete, shall schedule a public hearing. An applicant may request sketch plan review with the Planning Commission in accordance with Section 820, 4, prior to development and submittal of a complete special use application. (Revised 4/21/07) b. Public Hearing Procedures. Once the Zoning Administrator has determined that a complete Special Land Use Application has been received, the Zoning Administrator shall schedule a public hearing according to Section 831, Hearing Notice Procedures, of this Ordinance. (Revised 4/6/07 and 4/21/07) c. Planning Commission Action. After the Public Hearing and upon review of the merits of the Special Land Use Application, the Planning Commission may deny, approve, or approve with conditions the Special Land Use Application. The Planning Commission's decision shall be incorporated in a motion containing conclusions reached relative to the proposed Special Land Use which specifies the basis for the decision and any conditions imposed. d. Basis for Action. In arriving at its decision, the Planning Commission shall refer to and be guided by those standards set forth in this Article. If the facts regarding the Special Land Use do not establish by preponderance of the evidence that the standards and requirements set forth in the Article can and will be met by the proposed Special Land Use, the Planning Commission shall deny the Special Land Use Application. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 2 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �4. 5. 6. e. Attachment of Conditions. The Planning Commission may recommend additional conditions deemed necessary for the protection of the general welfare, individual property rights, and to ensure that the purposes of this Ordinance are met. f. Required Approval of Special Land Use. A request for approval of a Special Land Use Application which is in compliance with all the standards of this Ordinance, other applicable ordinances, and state and federal statutes shall be approved. ISSUANCE OF A LAND USE PERMIT. A Land Use Permit shall be issued by the Zoning Administrator in accordance with Section 803 upon approval of the Special Land Use by the Planning Commission. The Land Use Permit shall list all the conditions of approval stipulated by the Planning Commission. The Zoning Administrator shall forward a copy of the Land Use Permit to the applicant and the Township Clerk. A Site Plan submitted as an attachment to a Special Land Use application may be considered and reviewed in conjunction with said Special Land Use application and shall be processed according to the procedures of Section 820. APPEALS. No decision or condition related to a Special Land Use Application shall be taken to the Zoning Board of Appeals. An appeal of a Special Land Use decision or condition may be taken to the Circuit Court. EXPIRATION OF SPECIAL LAND USE PERMITS; EXTENSION (Revised 8/10/09) a. An approved Special Land Use Permit shall expire two (2) years following approval by the Planning Commission. Upon written request stating the reasons therefore, the Planning Commission shall extend a Special Land User Permit for an additional one (1) year period if the evidence shows the following: 1) The conditions necessitating the delay in the construction and completion of the project are reasonably beyond the control of the applicant. 2) The requirements and standards, including those of the zoning ordinance that are reasonably related to the development, have not changed. 3) Development or redevelopment in the proximity of the approved Special Land Use Permit has not resulted in changed conditions impacting the site. 4) There has not been a change in state or federal law, local charter, or other local ordinance prohibiting the construction or further construction of the approved project. b. An application for an extension of a Special Land Use Permit must be filed at least 60 (sixty) days prior to the expiration of the original Special Land Use Permit or the expiration of any extension previously approved by the township, whichever is applicable. The application form for requesting an extension shall be provided by the township and can be obtained from the township zoning administrator or deputy zoning administrator. An application fee for an extension is required and shall be non-refundable. The Township Board shall by resolution, establish the amount of the application fee for the renewal. The EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 3 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �renewal is only applicable to the property subject to the originally approved Special Land Use Permit. c. Any such recommendation for an extension is subject to reasonable conditions requested by the Planning Commission, including, if necessary, the implementation of a new or additional performance guarantee requirement pursuant to section 830 of the East Bay Township Zoning Ordinance. d. If a Special Land Use Permit expires pursuant to subsection a above, no work pursuant to a Special Land Use Permit may be undertaken until a new Special Land Use Permit is obtained from the Planning Commission following the procedures contained in the zoning ordinance for a new Special Land Use Permit. SECTION 602 1. SPECIAL LAND USE REVIEW STANDARDS. GENERAL REVIEW STANDARDS. The Planning Commission, before acting on a Special Land Use Application, shall employ and be guided by standards which shall be consistent with and promote the intent and purpose of this Zoning Ordinance, and ensure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use. The Planning Commission shall review each application and shall approve such special land use only if it finds that such special land use meets each of the following standards, together with any and all special land use standards reflected for the zoning district in Article IV hereof, and any and all applicable specific review standards found in this Article. The Planning Commission shall find adequate evidence that each use at its proposed location will be consistent with the public health, safety, and welfare of the Township and shall comply with the following standards: a. Be consistent with the adopted Township Comprehensive Plan. b. Be designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. c. Not be hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. d. Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities and schools or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services. e. Not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. f. Not involve uses, activities, processes, materials and equipment or conditions of EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 4 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �2. operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, fumes, glare or odors. g. Ensure that the environment shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications that result in maximum harmony with adjacent areas. h. Meet the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. SPECIFIC REVIEW STANDARDS. In addition to the general review standards set forth in Section 602, 1, of this Zoning Ordinance, the Planning Commission, shall apply the specific review standards set forth in this Article VI for each named Special Land Use. SECTION 603 1. 2. ACCESSORY BUILDINGS WITH FLOOR AREA GREATER THAN THE PRINCIPAL STRUCTURE (Revised 4/21/07) DEFINITION: An accessory building as defined in Article XIV of this Zoning Ordinance with a ground floor area or building footprint greater than the ground floor area or building footprint of the principal building on the parcel. REGULATIONS AND CONDITIONS. a. On parcels of less than one (1) acre, the ground floor area of an accessory building as defined in this Section shall not exceed the ground floor area or building footprint of the principal building by more than fifty percent (50%). b. On parcels of more than one (1) acre, but less than five (5) acres, the ground floor area of an accessory building as defined in this Section shall not exceed the ground floor area or building footprint of the principal building by more than one hundred percent (100%). c. On parcels of five (5) acres, but less than 10 acres, the ground floor area of an accessory building as defined in this Section shall not exceed the ground floor area or building footprint of the principal building by more than two hundred percent (200%). d. On parcels of ten (10) acres, or more, the floor area of an accessory building as defined in this Section shall not exceed the ground floor area or building footprint of the principle building by more than three hundred percent (300%). e. The floor area limitations of this Section shall be applied cumulatively for all accessory buildings on a parcel. f. Accessory buildings as defined in this Section shall comply with all yard, setback and building height standards of this Zoning Ordinance. g. As a condition for Special Land Use approval for an accessory building permitted under this section, the applicant shall provide to the Township a copy of an EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 5 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �instrument as recorded with the Grand Traverse County Register of Deeds indicating that any future division of the subject parcel shall meet the above limits for lot area and accessory building ground floor area provided in this Section 603. SECTION 604 AGRICULTURAL SERVICE ESTABLISHMENT 1. DEFINITION: A business engaging in performing agricultural, animal husbandry or horticultural services on a fee or contractual basis, including but not limited to centralized bulk collection, refinement, storage and distribution of farm products to wholesale and retail markets (such as grain cleaning and shelling; sorting, grading and packing of fruits and vegetables for the grower; and agricultural produce milling and processing); the storage and sale of seed, feed, fertilizer and other products essential to agricultural production; hay baling and threshing; crop dusting; fruit picking; harvesting and tilling; farm equipment sales, service and repair; and facilities used in the research and testing of farm products and techniques. 2. REGULATIONS AND CONDITIONS. a. Animal holding area shall be setback one-hundred (100) feet from all property lines and the road right-of-way. b. No storage of manure or dust producing material within one-hundred (100) feet of any property line or road right-of-way. c. All signs shall be in accordance with Section 215 of this Zoning Ordinance. d. All parking shall be in accordance with Article VII of this Zoning Ordinance. e. Agricultural business shall be established and conducted in compliance with all other applicable laws and ordinances. SECTION 605 AIRPORT 1. DEFINITIONS: a. A Public Airport is a facility designed for the take-off, landing, and storage of small aircraft which is which is required to be licensed by the Michigan Aeronautics Commission, along with related accessory uses, such as, charter service, flying lessons, sale of fuel, mechanics, terminal buildings, and hanger facilities, which are available to the public. b. A Private Airport is an airport which is not available to the public, and not shown on aeronautical charts, not licensed by the Michigan Aeronautic Commission, and which does not offer charter flight service, the sale of gasoline or oil, student instruction, flying lessons, aviation maintenance services or other commercial services to the public. 2 REGULATIONS AND CONDITIONS: a. Private airports shall not be located within five (5) miles of a public use airport EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 6 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �which is licensed by the Michigan Aeronautic Commission without the prior written approval of the Bureau of Aeronautics pursuant to R259.253 of the Michigan Administrative Code. b. The elements of safety, design, and construction of a private airport facility shall be certified by an aviation engineer licensed in the State of Michigan. c. Public airports shall meet the standards for Class A, B, or C, commercial airports, contained in the Rules and Regulations of the Michigan Aeronautics Commission. d. Land Use Permits for public airports shall not be granted until the facility has been granted a Landing Area License pursuant to Part 5 of the Rules and Regulations of the Michigan Aeronautics Commission. e. Public airports shall not be permitted within an area where an existing dwelling, or other existing buildings classified in "Use Group A, H, I, or R" as defined in the Michigan Construction Code are found. Said area shall extend two-hundred (200) feet on either side of the centerline of the proposed runways and extended for a distance of two-thousand five-hundred (2,500) feet from both ends of the proposed runway. f. A public airport shall have direct access to South Airport Road, Parsons Road and/or Three Mile Road. g. All signs shall be in accordance with Section 215 of this Zoning Ordinance. h. All parking shall be in accordance with Article VII of this Zoning Ordinance. SECTION 606 BILLBOARDS Billboards may be established in the Regional Business (RB) zoning district as a special land use eligible for approval consideration, provided they meet the intent and standards of this Section and are also subject to the provisions of Section 820, Site Plan Review. The economic health and well-being of East Bay Township, Grand Traverse County and the Grand Traverse Region depends upon the area's natural scenic beauty and environmental quality. The region's highway corridors are subject to the highest visual exposure of any area within the Township and region. Therefore, it is deemed necessary within these corridors to protect the area's natural landscapes and community character from visual pollution. Such protection is deemed essential to the community health, safety and welfare. To assure such protection the following standards are established. 1. DEFINITION: A Billboard is an outdoor sign advertising services or products, activities, persons, or events which are not made, produced, assembled, stored, distributed, leased, sold, or conducted upon the premises upon which the billboard is located. 2. REGULATIONS AND CONDITIONS. a. Not more than two (2) billboards may be located per linear mile of highway regardless that such billboards may be located on different sides of the highway. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 7 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �b. c. d. e. f. g. h. i. j. The linear mile measurement shall not be limited to the boundaries of East Bay Township where the highway extends beyond such boundaries. Double-faced billboard structures (i.e., structures having back-to-back billboard faces) and Vtype billboard structures saving only one face visible to traffic proceeding from any given direction on a highway shall be considered as one billboard. Otherwise, billboard structures having more than one billboard face, including billboard structures with tandem (side-by-side) or stacked (one above the other) billboard faces, shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in subparagraph b below. No billboard shall be located within one-thousand (1,000) feet of another billboard abutting either side of the same highway. No billboard shall be located within two hundred (200) feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall be three hundred (300) feet. No billboard shall be located closer than the required front yard setback from the street right-of-way or a side yard setback from any interior boundary lines of the premises on which the billboard is located. The surface display area (sign face) of any side of a billboard may not exceed three hundred (300) square feet. If a billboard abuts a portion of a highway with a posted speed limit of forty-five (45) m.p.h. or less, the surface display area limits shall be seventy-five (75) square feet instead of three hundred (300) square feet. The height of a billboard shall not exceed twenty (20) feet above the natural grade of the ground on which the billboard is established. No billboard shall be on top of, cantilevered or otherwise suspended above the roof of any building. A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is so located as to avoid glare, upward light or reflection onto any portion of an adjacent street or highway property, landscaping, etc., the path of on-coming vehicles, or any adjacent premises. In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate. A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces which can normally be expected to occur in the vicinity. A billboard must be maintained so as to assure proper alignment or structure, continued structural soundness, and continued readability of message. A billboard established within a business, commercial, or industrial area, as defined in the "Highway Advertising Act of 1972" (PA 106 of 1972, as amended) bordering interstate highway, freeways or primary highways as defined in said EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 8 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �Act shall, in addition to complying with the above conditions, also comply with all applicable provisions of said Act and the regulations promulgated thereunder, as such may from time to time be amended. k. No person, firm or corporation shall erect a billboard within East Bay Township without first obtaining a Land Use Permit from the East Bay Township Zoning Administrator, which permit shall be granted upon a showing of compliance with the provisions of this Ordinance and payment of a fee. As with other fees, the amount of the billboard permit fee required shall be established by resolution of the East Bay Township Board of Trustees and shall bear a reasonable relationship to the cost and expense of administering this permit. The Township Board shall further have the right to amend this resolution from time to time within the foregoing limits of reasonableness. SECTION 607 BOAT, MOTOR SALES AND REPAIR 1. DEFINITION. Establishments offering for sale to the public new and used boats, motors, recreational vehicles, campers, “fifth wheels,” and related equipment and providing service and repair of such equipment and vehicles. 2. REGULATIONS AND CONDITIONS. a. The applicant shall provide documentation acceptable to the Planning Commission that the proposed use shall meet the following standards: 1) Uses shall produce no detectable objectionable dust, fumes or odors at any property line. 2) All travel surfaces shall be paved or otherwise treated to control dust. 3) No exterior fixture shall cast light off the property and no light source shall be visible from any surrounding residential land uses. Building surface reflectivity shall be no greater than one (1) foot candle. 4) No off-site discharge of storm water except to approved drainage system in accord with the requirements of the Grand Traverse County Drain Commissioner. 5) Noise generated on site from any source shall not exceed 40 decibels measured at any property line. b. The Planning Commission may establish hours of operation for such uses consistent with the character of the land uses in the vicinity. c. For facilities located on a lake and selling boats or personal watercraft, the Planning Commission may establish restrictions on operations intended to preserve the peaceful use of the lake by all residents and to protect water quality in the lake. d. All signs shall be in accordance with Section 215 of this Zoning Ordinance. e. All parking shall be in accordance with Article VII of this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 9 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �f. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 608 BUSINESS, ADULT 1. PURPOSE AND INTENT: The purpose and intent of this section is to deal with the regulation of Adult Businesses (as well as the defining "Adult Businesses" generally) is to regulate the location and operation of, but not to exclude, Adult Businesses within the Township, by preventing the concentration of such uses in close proximity to one another and to minimize the negative secondary effects associated with them by separating such uses from residential, educational and religious uses, as well as other areas of public and private congregation, all within the limits of the Township's authority. This regulation is implemented with the understanding and recognition that there are some uses which, because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects such as urban blight, reduction in property values, increased crime, upon nearby residential, educational, religious and other similar public and private uses. This has been demonstrated in previous studies undertaken by communities in Michigan as well as other states. East Bay Township maintains an active file of these studies. The implementation of appropriate regulations is necessary to insure that negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and will not otherwise be injurious to the health, safety and general welfare of Township residents. The provisions of this Ordinance are not intended to impose a limitation or restriction on the content of any communicative material, including sexually oriented materials, protected by the First Amendment to the United States Constitution. Similarly, it is not the intent of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent of this Ordinance to condone or legitimize the distribution of obscene materials, but to regulate land uses associated with such distribution or dissemination in a manner designed, within the limits of the United States Constitution and judicial opinions interpreting its breadth and scope, to insure that the health, safety and general welfare of the citizens of East Bay Township are appropriately protected from any negative secondary effects associated therewith. If any section, subsection, subdivision, sentence, clause, phrase or word of the Amendments reflected herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. In such event, to the extent feasible, any such section, subsection, subdivision, sentence, clause, phrase or word held to be invalid or unconstitutional shall be disregarded, reduced and/or revised so as to be recognized to the fullest extent permitted by law. Through the enactment hereof, the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 10 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �2. 3. 4. 5. Township Board declares that it would have passed and adopted Section 609 and all provisions thereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. DEFINTIONS. Adult Business shall be as defined in Article XIV of this Zoning Ordinance. REVIEW PROVISIONS AND ZONING DISTRICT ALLOWED: Adult Businesses as defined herein will be allowed in the Regional Business District (RB) as a listed special land use and activities eligible for approval consideration, subject to all the provisions within Sections 609 and 414.4, and after review and approval by the Planning Commission, and also subject to the requirements of the Site Plan Review provisions of Article VIII, Section 820, Site Plan Review. ADDITIONAL INFORMATION REQUIRED FOR REVIEW. In addition to the standard requirements of information requested of all uses under Special Land Uses and Site Plan Review, Adult Businesses will be required to provide additional information as follows; a. A statement of supporting evidence demonstrating compliance with the requirements of this section on a paragraph by paragraph basis. b. The site plan shall be drawn to scale no larger than 1"=50', of total property involved showing the location of all abutting streets, the location of all existing and proposed structures and their uses, the location and extent of all above ground development, both existing and proposed, site lighting, proposed signage, and exterior elevations of the proposed Adult Business depicting it, to the extent feasible, in what will become its "as-built" condition, all in legible form. c. Preliminary plans and specifications of the proposed development. d. A description of the proposed use, including references to definitions within this section. e. An area map, in a scale (no larger than 1" = 50'), depicting and describing all land uses situated within 750 feet of the boundaries of the property upon which the proposed Adult Business is to be located. BASIS FOR DETERMINATIONS - ADULT BUSINESSES- GENERAL REQUIREMENTS: in reviewing an application for an Adult Business, the Planning Commission shall determine whether the following general requirements have been met; a. That the applicant may legally apply for site plan review. b. That all required information has been provided. c. That the proposed use conforms to all specific density and setback regulations, etc. of the zoning district in which it is located. d. That the plan for the proposed use meets all applicable written and duly promulgated requirements of East Bay Township for fire and police protection, water supply, sewage disposal or treatment, storm drainage and other public facilities and services, EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 11 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �6. e. That the plan for the proposed use meets all applicable written and duly promulgated standards of other governmental agencies, and that the approval of these agencies has been obtained or is, reasonably assured. f. That the submitted Landscape Plan complies with the requirements of Section 229 of this Ordinance. g. That parking layout will not adversely affect the flow of traffic within the site, or to and from the adjacent streets. h. That outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be visible from neighboring properties or the adjacent roadways. BASIS FOR DETERMINATIONS-ADULT BUSINESSES-SPECIFIC REQUIREMENTS: in reviewing an application for an Adult Business, the Planning Commission shall determine whether the following specific requirements have been met; a. The proposed Adult Business will not be located within 550 feet of any residentially zoned property, park, school, child care establishment, place of worship (including, for example, churches, synagogues, temples, etc.) or any other Adult Business. For purposes of this paragraph, the distance between a proposed Adult Business and any of the above listed uses, shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line upon which the proposed Adult Business is to be located to the nearest property line of the above listed uses, regardless of the political jurisdiction. b. The proposed Adult Business will not have a detrimental impact upon the property values of properties located within 750 feet of such proposed Adult Business. c. Proposed signage shall not include animated or flashing illumination of any type and otherwise conforms with the requirements of Section 215, Signs of this Ordinance. Proposed signage may contain only the name of the Adult Business and shall not include photographs, silhouettes, drawings, or pictorial representations of any type. d. Entrances to the proposed Adult Business will be posted on both the exterior and interior walls, clearly visible to the public, indicating in lettering no less than two inches in height that (a) "No one under the age of eighteen is permitted to enter the premises" and (b) "No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission. e. No product or service for sale or gift, or any picture or other representation thereof, shall be displayed so as to be visible from the street or exterior of the building. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 12 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �7. f. Hours of operation shall be limited to 8:00 a.m. to 12:00 a.m. (midnight). g. Persons operating an Adult Business shall not permit any person under the age of 18 years to be on the premises either as an employee or as a customer. h. All off-street parking areas shall be illuminated during all hours of operation in accordance with this Ordinance and shall otherwise be open to view from the adjacent roadway. i. The proposed Adult Business owner/operator shall have provided an exterior maintenance program to the Township Zoning Administrator, together with its Special Land Use Application, which program shall provide for routine clearing of trash and rubbish from all parking areas and other portions of the premises not less than once-per-week. Continued adherence to such exterior maintenance program shall be a condition to the issuance of any special use permit pursuant to this Section. j. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. k. The premises shall meet all barrier free requirements and building code requirements imposed by the Grand Traverse County Construction Code Department. l. The number of patrons allowed on premises at any one time shall be limited to the amount of seating available, but shall not exceed one person for each fifteen (15) square feet of public net floor space, exclusive of restrooms, dance floor, administrative areas, hallways, etc. m. The Planning Commission may impose such additional conditions and safeguards deemed necessary to mitigate negative secondary effects reasonably documented to emanate from Adult Businesses for the protection of the general welfare and individual property rights of affected property owners, and for insuring that the intent and objectives of this Ordinance will be observed. The breach of any condition, safeguard or requirement shall serve as grounds for revocation of the permit, after written notice and an opportunity to be heard. SPECIAL PLANNING COMMISSION REVIEW AND HEARING. The Planning Commission shall make and adopt specific findings with respect to whether the proposed Adult Business is in compliance with the standards designated as "Basis for Determinations" following a public hearing noticed as required by Section 831, Hearing Notice Procedures, of this Ordinance, within sixty (60) days from its first EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 13 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �8. regularly scheduled meeting which takes place subsequent to the date upon which a completed application for special land use permit is submitted to the Township Zoning Administrator in accordance with this Section. In the event the Planning Commission has not made and adopted its findings of fact with respect to a proposed Adult Business, and either approved or denied the issuance of a special land use approval within the sixty (60) day period provided herein, then such special land use shall be deemed to have been approved. Only upon approval, whether by the Township Planning Commission or upon automatic approval after the lapse of sixty (60) days as provided herein, may a special land use approval be made and a land use permit be issued by the Zoning Administrator. (Revised 4/6/07) PROMPT JUDICIAL REVIEW OF ADVERSE DETERMINATION: In the event an application for Special Land Use within this section is denied, the applicant shall be entitled to prompt review by the Township Zoning Board of Appeals, which review shall, upon the Applicant's request, be conducted at a special Zoning Board of Appeals meeting convened for such purposes within seven (7) business days of such denial. The Zoning Board of Appeals shall review the record of proceedings conducted before the Planning Commission to determine whether the Planning Commission's decision was based upon competent material and substantial evidence in the record and otherwise review the Planning Commission's determination to ensure that it complies with all requirements of both the Michigan and United States Constitutions. In the event that the Zoning Board of Appeals affirms denial of a special land use application for the operation of an Adult Business of this Section, then, upon written notification from the Applicant indicating that the Applicant seeks to contest such denial, the Township shall, within three (3) business days of its receipt of such written notice, do the following: a. File a petition in the Circuit Court for the County of Grand Traverse seeking a judicial determination with respect to the validity of such denial and, in connection therewith, apply for a preliminary and permanent injunction restraining the Applicant from operating the Adult Business in violation of the Township Zoning Ordinance; b. Have the application for issuance of a preliminary injunction set for a showcause hearing within five (5) business days after the filing of such petition. In the event the Applicant appears at or before the time of such show-cause hearing, waives the notice otherwise provided by Michigan Court Rules, and requests that at the time set for such hearing the Court proceed to hear the case under applicable rules of civil procedure for the issuance of such permanent injunction on its merits, the Township shall be required to waive its application for preliminary injunction and shall join in such request. In the event the Applicant does not waive notice and/or does not request an early hearing on the Township's application for permanent injunction, it shall nevertheless be the duty of the Township to obtain the earliest possible hearing date under Michigan law and the Michigan Court Rules. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 14 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �The filing of written notice of intent to contest the Zoning Board of Appeals' denial of a special land use permit shall not in any way affect the validity of such denial, but such denial shall be deemed invalid and the special land use permit application automatically approved if, within five (5) business days of the filing of Township's petition, a show-cause hearing has not been held. SECTION 609 CEMETERIES 1. DEFINITION: Privately owned property which guarantees perpetual care of grounds used solely for the interment of deceased human beings or customary household pets. 2. REGULATIONS AND CONDITIONS. a. Cemeteries shall be established in compliance with Public Act 368 of 1978, as amended, Public Act 88 of 1875, as amended, and other applicable state laws. c. All parking areas shall comply with the provisions of Article VII of this Zoning Ordinance. c. All signs shall comply with Section 215 of this Ordinance. SECTION 610 CAR WASH 1. DEFINITION: A building and equipment used for the commercial washing, waxing, detailed cleaning of the interior and exterior of automobiles and trucks for the general public. Such facilities shall include self-wash, automated and hand wash facilities, as well as any combination thereof. 2. REGULATIONS AND CONDITIONS. a. All such facilities shall be connected to a public sewer system. b. All washing activities shall be carried out within a building. c. No vacuum equipment shall be located closer than one hundred (100) feet from any property line which abuts a property zoned or used for residential purposes. d. Noise generated on site from any source shall not exceed 40 decibels measured at any property line. e. All parking areas shall comply with the provisions of Article VII of this Zoning Ordinance. f. All signs shall comply with Section 215 of this Ordinance. g. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 611 CHURCHES. See places of public assembly SECTION 612 CIVIC CLUB. See places of public assembly EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 15 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �SECTION 613 1. 2. COMMERCIAL ESTABLISHMENT WITH DRIVE THROUGH FACILITIES DEFINITION: A commercial business or establishment which offers any goods or services dispensed through a window, doorway or opening of any kind to patrons that remain in their personal vehicles while the transaction is taking place. REGULATIONS AND CONDITIONS. a. All automobile queuing for a drive-through window shall be separated from other on-site traffic patterns. b. Pedestrian areas shall be clearly marked. c. The drive-through lane(s) shall be designed to accommodate a full-size passenger vehicle pulling a recreation-vehicle trailer. d. The applicant shall demonstrate to the satisfaction of the Planning Commission that vehicle stacking areas for the drive-through facility are adequate to handle the highest volume likely at the facility without encroaching on the public right-ofway or the drive aisles, parking or pedestrian areas on site. e. All parking areas shall comply with the provisions of Article VII of this Zoning Ordinance. f. All signs shall comply with Section 215 of this Ordinance. g. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 614 CONSTRUCTION EQUIPMENT SALES AND SERVICE 1. DEFINITION: Buildings and outdoor storage areas associated with the operation of a business storing and marketing materials and equipment to the general public and to construction companies, including the outdoor storage of equipment, vehicles, trailers, materials and machinery. 2. REGULATIONS AND CONDITIONS. a. The area of a site proposed for use as a construction supplier shall not be less than one (1) acre in size. b. The site shall be fenced on both sides and rear with chain link or similarly durable fencing not less than six (6) feet nor more than sixteen (8) feet in height. c. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. d. No building materials, scrap, or equipment shall be stored outdoors in any configuration higher than the surrounding fencing or screening. e. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. f. All off-street parking shall be in compliance with Article VII of this Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 16 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �SECTION 615 1. 2. DAY CARE, GROUP FACILITIES ACCOMMODATING SEVEN (7) TO TWELVE (12) CHILDREN DEFINITION: A private home in which more than seven (7) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (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 that gives care to an unrelated minor child for more than four (4) weeks during a calendar year. REGULATIONS AND CONDITIONS. a. Building and lot shall conform to the yard, setback and height standards of the zoning district in which it is located. b. All required state and local licensing shall be maintained at all times. c. All outdoor areas used for the care and supervision of patrons shall have appropriate fencing for the safety of the children in the group day-care home; consisting of a minimum 6-foot high privacy fence along the area adjoining another residence, and a minimum 4-foot high fence in the remaining area devoted to the day-care area. d. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate. e. Such facilities shall be located at least 1,500 feet from any one of the following: 1) A licensed or pre-existing operating group day-care home. 2) An adult care small group home (1-12 adults). 3) An adult foster care large group home (13-20 adults). 4) A facility offering substance abuse treatment and rehabilitation service to 7 or more people. 5) A community correction center resident home halfway house or similar facility under jurisdiction of the Department of Corrections. f. Such facilities shall at all times be maintained in a manner consistent with the character of the surrounding neighborhood. g. Hours of operation shall not exceed sixteen (16) hours during a 24-hour period. The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10PM and 6AM. h. All parking areas shall comply with the provisions of Article VII of this Zoning Ordinance. i. All signs shall comply with Section 215 of this Ordinance. j. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 17 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �SECTION 616 1. 2. DAY CARE CENTER OR CHILD CARE CENTER (Revised 6/11/18) DEFINITION: A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. Child care center or day care center does not include any of the following: a. A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are in attendance for not more than 3 hours per day for an indefinite period, or not more than 8 hours per day for a period not to exceed 4 weeks during a 12-month period. b. A facility operated by a religious organization where children are cared for not more than 3 hours while persons responsible for the children are attending religious services REGULATIONS AND CONDITIONS. a. Building and lot shall conform to the yard, setback and height standards of the zoning district in which it is located. b. All required state and local licensing shall be maintained at all times. c. All outdoor areas used for the care and supervision of patrons shall have appropriate fencing for the safety of the children in the group day-care home; consisting of a minimum 6-foot high privacy fence along the area adjoining another residence, and a minimum 4-foot high fence in the remaining area devoted to the day-care area. d. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate. e. Such facilities shall at all times be maintained in a manner consistent with the character of the surrounding neighborhood. f. Hours of operation shall not exceed sixteen (16) hours during a 24-hour period. The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10PM and 6AM. g. All parking areas shall comply with the provisions of Article VII of this Zoning Ordinance. h. All signs shall comply with Section 215 of this Ordinance. i. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 18 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �SECTION 617 DWELLING, MULTIPLE-FAMILY (Revised 1/21/17 and 6/11/18) 1. DEFINITION: A dwelling or group of dwellings on one lot used or designed to contain separate living units for three (3) or more families, including triplex units, apartment houses, cooperatives, garden apartments, and condominiums. 2. REGULATIONS AND CONDITIONS. a. Building and lot shall conform to the site development requirements contained in Article VII of this Ordinance. b. No dwelling unit shall have its principal access more than one-hundred fifty (150) feet from either an access drive or a public street, and the required off-street parking area. c. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. d. All off-street parking shall be in compliance with Article VII of this Ordinance. e. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. f. The maximum building width as measured parallel to the road right-of-way shall be 150 feet for those buildings facing the street and the maximum length for those buildings situated perpendicular to the road right-of-way shall be 250 feet; except that buildings parallel to the road right-of-way may have a maximum length of 250 feet provided: 1. They are setback more than 250 feet from the road right-of-way; or 2. They are overlapping a minimum of one-half (1/2) the width of the perpendicular building located between the building and the road right-ofway. g. A minimum twenty (20) foot separation shall be maintained Zoning Amendment 17•16 between all multipleAdopted 1/9/17 family buildings, Minimum20feetexcept those located north of U.S. 31 North ,..;:i_ ' and Grand Traverse Bay shall remain consistent with the requirements of the RB (Regional Business) zoning district. 1 2wldth 250 feet - Figure 6.1 EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 19 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �h. A pedestrian sidewalk a minimum of five (5) feet wide shall be constructed along the entire road right-of-way of the parcel containing the multiple-family development. SECTION 618 EDUCATION FACILITIES 1. DEFINITION: Any buildings, facilities, grounds or portions thereof, routinely used for education or instruction in any branch of knowledge. 2. REGULATIONS AND CONDITIONS. a. An education facility shall have its primary access directly from a paved, allseason road. b. If an education facility incorporates any gymnasium, theater, auditorium or large meeting space, it shall also comply with the requirements pertaining to Places of Public Assembly. c. All outdoor play areas shall be enclosed with a durable fence six (6) feet in height. d. All required state and local licenses, charters, permits and similar approvals shall be issued prior to occupancy for any educational purposes. e. All exterior lighting shall be equipped with cut-off fixtures to prevent light from casting off the site. Exterior light standards shall be no higher than twenty (20) feet. f. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. g. All off-street parking shall be in compliance with Article VII of this Ordinance. h. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 619 GRAVEL PITS AND OTHER MINERAL EXTRACTION 1. DEFINITION: A parcel of land utilized for the removal or extraction of natural mineral deposits, soil, and organic soils by open pit mining methods. 2. REGULATIONS AND CONDITIONS. a. The commercial extraction of subterranean natural resources, other than oil, gas and water, shall be permitted only after obtaining the approval of the Planning Commission. b. General Site Plan Requirements: In addition to the regular application for a special Land Use Permit and payment of fees, the application shall be accompanied by a General Site Plan. The plan shall be drawn to a scale of 1" 100' and said plan shall include the following information: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 20 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �1) Name and address of owner(s) of land which removal will take place. 2) Name, address and telephone number of person, firm, or corporation who will be conducting the actual removal operation. 3) Location, size and legal description of the total site area to be mined. 4) A plan for extraction and reclamation for the total project which shall include: (a) Surface overburden and topsoil stripping and stockpiling plans. (b) Provisions for grading, re-vegetation, and stabilization that will minimize soil erosion, sedimentation and public safety problems. 5) Surface water drainage provisions and outlets. 6) The location and size of any structures. c. Rehabilitation: All extraction areas shall be rehabilitated progressively as they are worked out. Rehabilitated sites shall be reasonably natural and inconspicuous and shall be reasonably lacking in hazard. All slopes and banks remaining above water level and below water level to a depth of five (5) feet shall be graded to angles which do not exceed one (1) foot in elevation for each three (3) feet of horizontal surface and they shall be treated to prevent erosion or any other potential deterioration. d. Site Development Requirements: 1) Setbacks in which no part of the mining operation may take place, except for ingress and egress shall be as follows: (a) Excavation below the existing grade of adjacent roads or property lines shall not take place within twenty-five (25) feet from any adjacent property line or road right-of-way. (b) No machinery will be erected or maintained within one-hundred (100) feet of any property or road right-of-way line. 2) Fencing: If fencing is deemed a necessary requirement of the Special Land Use Permit, the Planning Commission shall specify the type and location of the required fencing. 3) Interior access roads, parking lots, haul road, loading and unloading areas and stockpiled materials shall be maintained so as to limit the nuisance caused by wind-blown dust. 4) Hours of operation shall be Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 7:00 a.m. to 12:00 p.m. 5) No hours of operation on Sundays or the following holidays: (a) New Year’s Day - January 1st EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 21 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �(b) Memorial Day – Last Monday of May (c) Independence Day – July 4th (d) Labor Day – First Monday in September (e) Thanksgiving Day – Fourth Thursday in November (f) Christmas Day – December 25th e. Failure to maintain all required State or Federal licenses and/or to develop and maintain a surface mining operation in accord with the terms of the conditional use permit may result in the immediate revocation of said conditional use permit and any and all other sanctions and/or penalties available to the County. f. Evidence of Continuing Use: When activities on or the use of the mining area, or any portion thereof, have ceased for more than one (1) year or when, by examination of the premises or other means, the Zoning Administrator determines a manifestation of intent to abandon the mining area, the Zoning Administrator shall give the operator written notice of their intention to declare the mining area or portion thereof abandoned. Within thirty (30) days following receipt of said notice, the operator shall have the opportunity to rebut the Zoning Administrator’s evidence and submit other relevant evidence to the contrary. If the Zoning Administrator finds the operator's evidence of continued use satisfactory, it shall not declare abandonment. g. Financial Guarantees: A minimum performance guarantee of $3,000.00 plus a minimum $2,000.00 per excavated acre shall be filed with the Township Treasurer. The performance guarantee shall be in the form of an irrevocable bank letter of credit, a certified check or cash. The amount of a financial guarantee filed with the Township may be one-half (1/2) the total amount required, if approved by the Planning Commission. The financial guarantee shall be returned when all conditions stipulated in the Special Land Use Permit shall have been complied with and the Special Land Use Permit revoked prior to its release. There shall be no partial release of the financial guarantee. (Revised 6/24/06) h. Issuance of a Special Land Use Permit: Permits for surface mining shall be issued to the operator. If an operator disposes of his interest in an extraction area prior to final reclamation by sale, lease, assignment, termination of lease, or otherwise, the Planning Commission may release the operator from the duties imposed upon him by this Ordinance, as to the operation, but only if the successor, operator, or property owner assumes the obligations of the former operator with reference to the reclamation activities. At that time the Conditional Use Permit may be transferred. i. Permit Expiration: If approval for a Special Land Use Permit is granted by the Planning Commission it shall be for a specific period of time not to exceed five EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 22 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �(5) years. Those permits granted for a period exceeding one (1) year shall be inspected a minimum of once a year by the Zoning Administrator to insure compliance with the permit and Ordinance. j. Modification of the General Site Plan: The General Site Plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology or to correct an oversight. The Planning Commission may require the modification of the General Site Plan when: 1) Modification of the plan is necessary so that it will conform with the existing laws. 2) It is found that the previously approved plan is clearly impractical to implement and maintain. 3) The approved plan is obviously not accomplishing the intent of the Ordinance. SECTION 620 DWELLING, SINGLE FAMILY DETACHED 1. DEFINITION: occupancy. Single-family detached housing intended primarily for owner 2. REGULATIONS AND CONDITIONS. a. Single family detached housing shall be considered a special land use when proposed to be located in the Local Business (LB) or Regional Business (RB) district. b. The parcel area and width for such housing shall meet the requirements of the RB district. c. The development shall include appropriate landscaping pursuant to Section 229 to effectively screen occupants from surrounding commercial land uses. SECTION 621 FOSTER CARE, ADULT 1. DEFINITION: A governmental or non-governmental establishment having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults who are aged, emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. Adult Foster Care Homes shall not include nursing homes. 2. REGULATIONS AND CONDITIONS. a. Adult Foster Care homes serving less than seven (7) residents shall be considered a single family dwelling and shall not be subject to the requirements of this Section 622. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 23 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �b. Adult Foster Care homes shall, as a condition of special land use approval, at all times maintain all valid state and local licenses. c. An adult foster care home serving seven (7) or more residents shall not be located within fifteen hundred (1,500) feet of any other adult foster care home. d. All exterior lighting shall be equipped with cut-off fixtures to prevent light from casting off the site. Exterior light standards shall be no higher than twenty (20) feet. e. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. f. All off-street parking shall be in compliance with Article VII of this Ordinance. g. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 622 FITNESS CENTERS 1. DEFINITION: A fitness center shall include any establishment open to the public which offers aerobics, free weights, weight-lifting equipment, tanning, stationary bicycling, massage therapy, sports facilities, pools, personal trainers, an indoor running track, saunas, health food, yoga, spinning, martial arts, and other similar facilities and activities related to personal or team athletics, exercise, fitness, health and relaxation. 2. REGULATIONS AND CONDITIONS. a. A fitness center located within an industrial park shall meet the following requirements: 1) A fitness center shall by designed and constructed to be compatible in materials and appearance with its surroundings and shall conform to the same district regulations as the other buildings within said development, except as regulated in this Section. 2) Within said industrial park development, the Planning Commission may limit the number of fitness center uses permitted and/or the floor area devoted in whole or in part to a fitness center use, or fitness center uses; such that the central purpose of the industrial park as a place primarily devoted to manufacturing, processing, research, development and testing, and related business activities, shall be preserved. b. All fitness centers shall be subject to the following standards: 1) Hours of operation for a fitness center shall be consistent with those of neighboring land uses. 2) In considering the establishment of a fitness center within an area of existing EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 24 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �businesses, the Planning Commission shall consider the general compatibility of land uses and shall seek to encourage a broad range of uses. 3) The Zoning Administrator may require the completion of a traffic impact study under the terms of Section 227 of thus Zoning Ordinance for a fitness center determined to generate heavy traffic flow. 4) All signs shall be in compliance with the provisions of Section 215, 7, of this Ordinance. 5) All off-street parking shall be in compliance with Section 702, 3. e, of this Ordinance. 6) Landscaping and Buffering shall be provided in accordance with Section 229 of this Ordinance. SECTION 623 BUILDING FOOTPRINT EXCEPTIONS (Revised 12/28/15 and 12/24/16) 1. DEFINITION: The term “Building Footprint” is defined herein as the area enclosed by the exterior perimeter of a building where it meets the earth together with the area located beneath any building projections. This section sets forth the standards under which exceptions may be authorized. 2. REGULATIONS AND CONDITIONS. a. In the East Bay Corners, Local Business, Regional Business, Professional Office, Airport Services, and Industrial Districts, the Planning Commission may consider and approve exceptions to the maximum building footprint requirements of such districts when it finds substantial and reliable evidence that the proposed use in such building shall be well maintained in accord with local standards and that such building shall remain occupied by viable land uses which contribute to the overall economic vitality of the Township. b. Approval of a special land use for a building footprint exception may be conditioned on assurances, warrantees or other guarantees of performance as approved by the Planning Commission subject to the advice of the Township Attorney. c. A building which has been granted a building footprint exception special land use under this section shall not be subject to any deed restrictions or covenants or lease or licensing terms which might inhibit the viable reuse of the building or grounds. d. In the event a building which has been granted a building footprint exception special land use shall become vacant, the following actions shall be taken. 1) The applicant or the applicant’s designee shall notify the Township Zoning Administrator in writing of the vacancy within thirty (30) days of the vacancy occurring. In such notice, the applicant shall describe measures to be taken EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 25 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �to secure another occupant or occupants for the building and the applicant shall further acknowledge the continuing obligation to properly maintain the building and grounds, including any cross-access easements to adjoining properties that may exist. 2) After twelve (12) months from the date of the notice of vacancy, if the property remains vacant, the applicant or the applicant’s designee shall prepare and submit to the Zoning Administrator a written report outlining efforts to maintain and reoccupy the building and grounds. Such report shall be presented to the Planning Commission at its next regularly scheduled meeting and the Planning Commission shall determine whether the property has become a blight on the surrounding area. 3) Any property which has been granted a building footprint special land use and which remains vacant for twenty-four (24) months or which, in the judgment of the Planning Commission has become underutilized to the extent that it becomes a blight on the surrounding area shall be removed and the property shall be made available for reuse. The Planning Commission may, as a condition of approval of a special land use hereunder, require the posting and maintenance of a surety satisfactory to the Township Attorney to support the expense of removal and any and all legal expenses to effect such removal. e. The requirements of this Section 624 shall be considered in addition to any other special land use requirements applicable under this ordinance. SECTION 624 - 625 RESERVED SECTION 626 LAUNDRY AND DRY CLEANING ESTABLISHMENT 1. DEFINITIONS: A commercial establishment providing cleaning, dry cleaning and laundry services on-site for businesses and residents. 2. REGULATIONS AND CONDITIONS. a. The minimum lot size shall be one (1) acre and the minimum lot width shall be two hundred (200) feet. b. All exterior lighting shall be equipped with cutoff fixtures to prevent light from casting off the site. c. All storage tanks or other facilities used to store hazardous, toxic, explosive or flammable substances shall be equipped with appropriate containment structures or equipment to prevent any migration of such substances into the groundwater or surface waters of the Township. d. A landscaped buffer not less than twenty-five (25) feet in width shall be provided EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 26 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �along the front lot line and along any side or rear lot line that abuts lands zoned or used for residential purposes. e. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. f. All off-street parking shall be in compliance with Article VII of this Ordinance. g. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 627 MAJOR ESSENTIAL SERVICE FACILITIES 1. DEFINITIONS. Any essential service facility as defined herein that is not a routine essential service facility. 2. REGULATIONS AND CONDITIONS. a. Any above ground major essential service facility shall be fully secured from unauthorized entry either by construction of the facility itself or through fencing which meets the requirements of this ordinance. b. As a condition of approval of a special land use permit, the Planning Commission may require remote monitoring of major essential service facilities that may be vulnerable to damage or disruption. c. Major essential service facilities located out-of-doors shall be screened from view from adjoining properties and from public road rights-of-way with evergreen plantings planted at such intervals as to provide an opaque screen within oneyear of planting. Equipment buildings intended to house major essential service facilities, such as well houses, pump buildings or equipment shelters, shall be constructed of face brick, decorative masonry, cement board or wood lap siding designed to resemble nearby structures. Provided, that a side of such equipment building that is not visible from a public right-of-way, may be constructed of common cement block or metal panels, if further screened with evergreen landscaping. d. All above ground major essential service facilities shall be located in conformance with the yard, lot width and lot area standards of this ordinance. With the exception of elevated water storage facilities and electrical transmission towers and poles, major essential service facilities shall not exceed the maximum height requirements of the zoning district in which they are located. (Revised 6/13/11) e. A major essential service facility shall be considered an accessory use to any other permitted or special land use, if it occupies no more than ten (10) percent of the parcel which is shared with the principal use. A major essential service facility located on an otherwise vacant parcel shall be considered the principal use of that parcel. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 27 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �f. An above ground major essential service facility which is fenced or which is housed in an equipment building shall include a sign placard of not more than two square feet which shall indicate the owner or operator’s name, address and emergency contact information. In addition, such facilities may include any required hazard warning signage. g. Major Essential Services facilities shall not be permitted within the boundaries of the Forest Lakes Overlay area as defined in Section 231, nor within the Boardman River District. SECTION 628 SECTION 629 RESERVED MINI-WAREHOUSE, SELF STORAGE 8,000 SQ. FT. OR LESS 1. DEFINITION: A buildings or portions of buildings offered to the public for a fee on a monthly or yearly basis for the storage of goods where total storage area is not greater than 8,000 square feet in area. 2. REGULATIONS AND CONDITIONS. a. The area of the proposed site shall be at least one (1) acre. b. The use shall be established and maintained in accordance with all applicable Local, State and Federal laws. c. All storage shall be inside an enclosed building. No outdoor storage is allowed. d. The cumulative area of the storage building(s) areas shall not exceed eight thousand (8,000) square feet. e. Parking shall be provided as needed for the office uses as provided in Article VII f. All parking, maneuvering and drive lane areas shall be provided with a paved surface and all drive aisles be at a minimum that meets the approval of Metro Fire Department. (Revised 9/10/18) g. All exterior light fixtures shall be in compliance with Section 210 of this Ordinance. h. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. i. All off-street parking shall be in compliance with Article VII of this Ordinance. j. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 28 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �SECTION 630 MINI-WAREHOUSE, SELF STORAGE GREATER THAN 8,000 SQ. FT. IN FLOOR AREA 1. DEFINITION: A buildings or portions of buildings offered to the public for a fee on a monthly or yearly basis for the storage of goods, where total indoor and outdoor storage area exceeds 8,000 square feet in area. 2. REGULATIONS AND CONDITIONS: a. The area of the proposed site shall be at least two (2) acres. b. The use shall be established and maintained in accordance with all applicable Local, State and Federal laws. c. All outdoor storage areas shall be fenced and screened from view from adjoining roadways and residential properties. e. Parking shall be provided as needed for the office uses as provided in Article VII f. All parking, maneuvering and drive lane areas shall be provided with a paved surface and all drive aisles be at a minimum that meets the approval of Metro Fire Department. All outdoor storage areas shall be provided with a smooth and dust free surface. (Revised 9/10/18) g. All exterior light fixtures shall be in compliance with Section 210 of this Zoning Ordinance. h. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. i. All off-street parking shall be in compliance with Article VII of this Ordinance. j. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 631 MORTUARY, FUNERAL PARLOR 1. DEFINITION: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith prior to burial or cremation. 2. REGULATIONS AND CONDITIONS. a. Mortuary shall be located on a parcel of land with a minimum area of one (1) acre. Provided, however, that such facility shall not exceed the maximum lot coverage requirements of this ordinance. Provided further that a Mortuary which includes a crematorium shall be located on a parcel of land with a minimum area of five (5) acres. b. A Mortuary with a total combined seating capacity of three hundred (300) or more shall be regarded as a large place of public assembly and shall be required to meet the standards of this Section pertaining thereto. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 29 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �c. A Mortuary which includes a crematorium shall be set back from the road rightof-way and any lot line by not less than two hundred (200) feet. d. The shall be so arranged that adequate assembly area is provided off-street for vehicles to be used in a funeral procession. This assembly area shall be provided in addition to any required off-street parking area. e. The site shall be so located as to have all ingress and egress, or a marginal access service drive, be directly onto a primary road, excluding however, onto state truckling roads. f. Points of ingress and egress for the site shall be designed so as to minimize possible conflicts between traffic on adjacent major thoroughfares and funeral processions or visitors entering or leaving the site. g. No funeral processions shall be directed to state trunkline roads. h. No building shall be located closer than fifty (50) feet from a property line that abuts any residential district. i. A caretaker's residence may be provided within the main building of the mortuary establishment. j. Loading and unloading areas used by ambulances, hearses or other such service vehicles shall be obscured from all residential view with a wall six (6) feet in height. k. All required federal, state and local licensing and permits shall be maintained at all times. l. All exterior light fixtures shall be equipped with cutoff fixtures to prevent light from casting off the site. m. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. n. All off-street parking shall be in compliance with Article VII of this Ordinance. o. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 30 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �SECTION 632 NEIGHBORHOOD LOCAL BUSINESS 1. DEFINITION: Retail uses, offices, and personal or professional service businesses intended to primarily serve the immediate neighborhood, supplemented by an ancillary amount of patronage by other than residents of the immediate area. Uses may include, but not be limited to the following: 2. ο Grocery/Convenience ο Drug stores ο Card and gift shops ο Clothing stores ο Barber/Beauty shops ο Tanning/Fitness ο Floral shops ο Home decorating ο Art and Framing shops ο Photographer ο Small appliance repair ο Restaurant (without drive-through) ο Banks, Credit Union ο Auto fuel and service ο Video rental ο Pet Shops ο Insurance, real estate, medical and dental offices ο Car wash ο Uses similar to the above in terms of their impact on surrounding properties and local traffic. REGULATIONS AND CONDITIONS. a. Free-standing businesses shall be located in buildings not in excess of two (2) stories in height with a total floor area not in excess of five thousand (5,000) square feet. Multi-tenant buildings housing Neighborhood Local Businesses shall not exceed two and one-half (2½) stories with a total floor area of fifty thousand (50,000) square feet. b. All exterior wall surfaces in excess of thirty (30) feet in length shall include architectural features to vary the appearance of the structure. Such features may include surface articulation treatments, windows, shutters, alternating building materials and similar techniques. c. All Neighborhood Local Businesses shall provide for safe and convenient pedestrian access. d. Parking areas shall be located in the side yard or in the rear except when specific site conditions require front yard parking. e. Neighborhood Local Businesses that cooperate with shared parking and access control measures shall be permitted to exceed the maximum floor area standards of this Section by up to 20%, providing the measures to share parking and access are approved by the Planning Commission and permanently recorded to run with the land. f. All exterior light fixtures shall be equipped with cutoff fixtures to prevent light from casting off the site. g. Exterior light standards shall not exceed twenty (20) feet in height. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 31 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �h. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. i. All off-street parking shall be in compliance with Article VII of this Ordinance. j. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 633 1. PERSONAL WIRELESS COMMUNICATION FACILITIES (Revised 02/10/20) PURPOSE and INTENT: The Telecommunications Act of 1996 as amended on February 6, 1996 sets forth provisions concerning placement, location and construction of towers and related facilities for personal wireless services. The purpose of this section is to establish general guidelines for the siting of personal wireless service facilities, which include antenna structures (towers). In order that such towers not cause visual pollution or create a safety hazard or reduce property values on adjacent properties, reasonable regulations for the location, use of existing structures (e.g., water towers, school and church steeples, tall buildings), design of structures and towers, is appropriate. Personal Wireless Service Facilities are specifically determined to NOT be essential services nor to be public utilities as such terms are used in this Ordinance. The intent of these provisions is to encourage users of towers and antennas to: a. Protect residential areas and land uses from potential adverse impacts of towers. b. Place the location of towers in non-residential-zoned areas. c. Minimize the total number of towers throughout the community. d. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers. e. Located them on Township-owned water towers where feasible and to the satisfaction of the Township Board. f. Locate them, to the extent possible, in areas where the adverse impact on the community is minimal. g. Configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques. h. Locate them to the extent possible at such heights that they do not interfere with efforts to preserve the scenic views and township character, especially within the Mitchell Creek Watershed. i. Use monopole-type towers and establish them at zoning district height limits where possible so as to maintain property values on surrounding properties, not impair scenic views, and provide reasonable service to East Bay Township residents. It is not the intent to create "antennae farms" with a number of monopole and antennae in a small area. Taller towers may be allowed only if it EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 32 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �2. 3. is proven to the satisfaction of the Township that reasonable service to East Bay Township residents cannot be provided by monopole towers using zoning district height limits. j. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. k. Consider the public health and safety of personal wireless service facilities. l. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, East Bay Township shall give due consideration to the Mitchell Creek Watershed Protection Strategy, East Bay Township’s Comprehensive Plan and zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. It is not the intent to regulate ham radio antennae under this section. ADMINISTRATIVELY APPROVED USES: The following uses may be approved by the Zoning Administrator after conducting an administrative review: a. Antennas on Existing Structures: Compact platform-type, omni directional, or singular-type antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided: 1) The antenna does not extend more than 15 feet above the highest point of the structure; 2) The antenna complies with all applicable FCC and FAA regulations; and 3) The antenna complies with all applicable building codes. 4) This section is not applicable to the proposed location of antennas or other personal wireless service facilities on existing towers. b. Microcell Networks: Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. ANTENNA PLACEMENT on TOWNSHIP OWNED WATER TOWERS: Personal Wireless Service Facility Antennas only, their accessory equipment and shelters, may be installed on East Bay Township-owned water towers, in any zoning district, with an approved lease from East Bay Township, and subject to the requirements of the Site Plan Review provisions of Article VIII, Section 820, Site Plan Review, with review and approval by the Township Planning Commission. In addition to Site Plan Review, the following subsections of Section 634 will be applicable to the review by the Planning Commission, although the Planning Commission may waive or reduce the burden on the applicant of one or more of the criteria of each subsection if the Planning Commission concludes that the goals of this ordinance are better served: Section 634.6, 634.7, 634.10, 634.11, and 634.12. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 33 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �4. 5. 6. REVIEW PROVISIONS and ZONING DISTRICTS ALLOWED: Personal Wireless Service Facilities, including Towers and Antennas, their accessory equipment and shelters as defined will be considered as a listed special land use and activities eligible for approval consideration, subject to all the provisions within each district as allowed and specified , and also subject to the requirements of the Site Plan Review provisions of Article VIII, Section 820, Site Plan Review, after review and approval by the Township Planning Commission. Zoning Districts which will be applicable to this land use are Local Business (LB), Regional Business (RB), Professional Office (PO), Industrial (IND), Agricultural (AG), Lakes Area (LA), Boardman River (BR), Natural Area (NA) and Rural Residential (RR). Personal Wireless Service Facilities not exceeding 75’ in height, no closer than four times its height from any residence, on a parcel containing non-residential uses are eligible for special land use approval consideration in the Low Density Residential (LDR) zoning district SPECIAL LAND USE REVIEW PROCEDURES: a. Applications for special land use under this Section shall be subject to the procedures and requirements of zoning district, except as modified in this Section. b. In granting a special land use, the Planning Commission may impose conditions that are necessary to minimize any adverse effect of the proposed tower on adjoining properties. c. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. d. Applicants for special land uses shall submit the information described in this Section and a non-refundable fee as established by Resolution of East Bay Township, to reimburse East Bay Township for the costs of reviewing the application. ADDITIONAL INFORMATION REQUIRED FOR REVIEW: In addition to the standard requirements of information requested of all uses under Special Land Uses and Site Plan Review, Personal Wireless Service Facilities will be required to provide additional information as follows; a. Evidence of ownership of the property on which the facility is to be placed. b. Name and address of the proposed owner and/or operator of the site. c. Engineering requirements for the service to be provided at the site. d. Name and address, including phone number of the person responsible for determining feasibility of co-location as provided in this section. e. Preliminary design of all proposed structures. f. Registered Engineer's certification of the design and safety of the proposed EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 34 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �7. tower to withstand winds of 85 miles per hour. g. A landscape plan showing specific landscape materials. h. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination. i. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. j. Each applicant shall provide an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of East Bay Township, or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for approvals under this ordinance or other organizations seeking to locate antennas within the Township, provided, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. k. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. l. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township. m. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. n. A description of the feasible location(s) of future towers or antennas within East Bay Township or within two miles of the borders of East Bay Township, based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. o. For towers to be located within the LDR zoning district, applicant may be required to describe the proposed method of design used to conceal the Personal Wireless Service Facility in an existing structure, where possible, or otherwise use camouflage or other aesthetic screening techniques to minimize the structure and to assist in blending it within its surroundings. FACTORS CONSIDERED in GRANTING SPECIAL LAND USES for TOWERS: In addition to any standards for special land uses in each zoning district that applies, the Planning Commission shall consider the following factors in determining whether to issue an approval, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this ordinance are better served: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 35 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �8. a. Height of the proposed tower. b. Proximity of the tower to residential structures and residential district boundaries. c. Nature of uses on adjacent and nearby properties. d. Surrounding topography. e. Surrounding tree coverage and foliage. f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. g. Proposed ingress and egress. h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. AVAILABILITY of SUITABLE EXISTING TOWERS, OTHER STRUCTURES, or ALTERNATIVE TECHNOLOGY: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 36 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �9. low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. GENERAL PROVISIONS: Construction of Personal Wireless Service Facilities including their accessory Equipment, and/or Equipment Shelter Buildings are allowed in East Bay Township subject to the following provisions: a. Multiple Antenna/Tower Plan; East Bay Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority. b. Such equipment shall not be placed in any road right-of-way or in any easement for road purposes. c. Such towers and facilities shall be placed on parcels (whether the land is owned or leased by the tower owner), that have an area no less than the minimum parcel size for the district. The Zoning Board of Appeals shall not reduce this size limit. d. All setbacks for the zoning district shall be met and in addition, no tower shall be placed closer than 75% of the tower's height from any property line, and in no case less than 200 feet from any residence or 200 feet from a residential zoning district. e. All Towers located in the Grand Traverse Bay Scenic view area as shown in the Mitchell Creek Watershed Protection Strategy and/or East Bay Township Comprehensive Plan shall be designed as to not to block the view of Grand Traverse Bay. This may include a height limit and a camouflage design. f. All proposed towers of more than thirty-five (35) feet in height shall be submitted to the Cherry Capital Airport Commission and FAA for review and approval prior to approval by East Bay Township. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. g. Prior to approval by the Township any franchise required by the Township Board shall be in place. h. If the tower is located in a prime scenic view but its location is adjacent to EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 37 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �i. j. k. l. m. n. o. p. existing structures, is backed by trees or other vegetation, or is otherwise located so that in the sole discretion of the Planning Commission it does not impair the scenic view. Antennas and/or repeaters may be mounted on existing towers, silos or farm buildings. Antenna type preferred for all applications are the singular tube antenna type such as omni directional antennas or arrangements that use compact-type platforms instead of the broad designed type sectorized antenna array. The tower and/or antenna is painted or screened so as to blend into the background. The service building is aesthetically and architecturally compatible with its environment. (Revised 4/21/07) 1) The service building shall be constructed of compatible materials such as wood, brick, or stucco, and shall be designed to architecturally match the exterior of buildings within three hundred feet of the property on which it is located. 2) In no case will metal exteriors be allowed for service buildings. 3) All connecting wires from towers to accessory buildings shall be underground 4) All electrical and other service wires to the facility shall be underground. 5) The service building shall be no larger than necessary to house the equipment and meets all setback requirements of this Ordinance. The tower itself is strongly preferred to be of a monopole design. If the applicant proposes to use a guyed or lattice tower, the applicant shall demonstrate why a monopole design cannot be used. The Township may require landscape screening of the service building and fencing. 1) Landscaping shall consist of a 5 foot wide buffer of plant materials that effectively screens the view of the tower compound from adjacent parcels. This buffer shall be located outside the perimeter of the compound. 2) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. 3) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Lighting shall be limited to that absolutely necessary and required by appropriate agency. All lighting shall be shielded and directed downwards; light sources shall be located and designed so as to prevent light from being directed outside the boundaries of the property. 1) Light poles and fixtures shall be located as low as practical; A greater EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 38 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �q. r. s. t. u. number of low "area" lights are favored over higher lights. Dark Sky-type lighting fixtures shall be used only for land base area. 2) Strobe lights shall not be allowed except as required by FAA. The Township Planning Commission may, at its sole discretion, require that the tower be camouflaged to resemble a tree or otherwise be made to be less obtrusive. Signs; No signs shall be allowed on an antenna or tower. Security fencing; Towers shall be enclosed by a locked gate and security fencing at least 6 feet in height, and shall be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may waive such requirements, as it deems appropriate. Emergency Provider Use; The applicant is encouraged to provide at no cost, colocation space for public emergency service providers, should the need exist. Towers may exceed district height limits, providing they comply with the following standards, in addition to the previous listed standards: 1) In order to maximize the efficiency of the provision of telecommunication services, while also minimizing the impact of such facilities on East Bay Township, co-location, or the provision of more than one antenna on a single tower may/will be allowed and/or required by the Township. (a) The Applicant shall be required to provide information regarding the feasibility of co-location at proposed sites. Factors to be considered in determining feasibility of co-sharing include available space on existing towers, the tower owner's ability to lease space, the tower's structural capacity, radio frequency interference, geographic service area requirements, mechanical or electrical incompatibilities, the comparative costs of co-location and new construction, and any FCC limitations on tower sharing. (b) The applicant shall be required to send a certified mail announcement to all other tower users in the area, stating their siting needs and/or sharing capabilities in an effort to encourage tower sharing. The applicant shall not be denied or deny space on a tower unless mechanical, structural, or regulatory factors prevent them from sharing. (c) The applicant shall be required to provide a letter of intent to lease excess space on a facility and commit itself to: i. respond to any requests for information from another potential shared use applicant; ii. negotiate in good faith and allow for leased shared use if an applicant demonstrates that it is technically practicable, and; iii. make no more than a reasonable charge for a shared use lease. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 39 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �10. 11. 12. (d) Once a co-location type tower has received a special land use approval, the Zoning Administrator may approve such co-locator antennas without review by the Planning Commission. 2) Tower height may be no more than required according to engineering requirements for a specific site or the technical capabilities of the antennas being mounted. The applicant shall provide funds to the Township determined by the Township Board to be sufficient to acquire an independent technical and engineering evaluation of the need for any tower in excess of the district maximum height. Where the independent evaluation shows that service can be provided by a lower elevation tower, no tower in excess of the district maximum height shall be allowed. The Zoning Board of Appeals shall not grant a variance from this requirement. 3) Tower separation distances between proposed and pre-existing towers are as follows: monopole over 35 feet in height - 1,500 feet, lattice and guyed towers - 5,000 feet. REMOVAL of ABANDONED ANTENNAS and TOWERS: The maximum time which an unused tower may stand is twelve (12) months. The applicant or owner is responsible for the removal of an unused tower. Failure to do so shall be sufficient for the Township to remove the structure according to the provisions under the Dangerous Buildings Law. FINANCIAL GUARANTEES: The owner of a Personal Wireless Service Facility; including equipment/accessory buildings, shall post a financial guarantee with East Bay Township in an amount to cover the reasonable estimated costs and expenses of dismantling and removing the telecommunication facility or tower in the event that the same is abandoned, and the owner fails to dismantle and/or remove the same within 180 days. Said financial guarantee shall be in the form of an irrevocable bank letter of credit, cashier’s check or cash. The amount of the financial guarantee shall be established by the Township Board, and may be adjusted from time to time on an annual basis to reflect changing costs and expenses of dismantling and moving the personal wireless service facility. (Revised 6/24/06) NONCONFORMING USES: b. Not Expansion of Nonconforming Use; Antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. c. Pre-existing towers; Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this ordinance, however, modifications to height and type of construction of pre-existing towers shall not be permitted. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 40 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �d. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas; Notwithstanding Section 634.10, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special land use approval having to meet the separation requirements of this Ordinance. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Land Use permits to rebuild the facility shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 634.10. SECTION 634 RESERVED SECTION 635 PLACES OF PUBLIC ASSEMBLY (LARGE & SMALL) 1. 2. (Revised 11/25/16 and 6/11/18) DEFINITION: Places of public assembly shall include theaters, churches and other religious institutions, auditoriums, banquet halls, sports arenas, lecture halls, and other similar facilities intended for entertainment, instruction, worship, sports, or similar activities involving assembled groups of people numbering fifty (50) or more. a. Small Places of Public Assembly. A place of public assembly shall be considered a small facility if it has either less than (10,000) square feet of gross floor area or total seating capacity of no more than three-hundred (300) in the largest room intended of public assembly. b. Large Places of Public Assembly. A place of public assembly shall be considered a large facility if it has either (10,000) square feet or more in gross floor area, total seating capacity of more than three-hundred (300) in the largest room intended for public assembly, or which is designed to be capable of expanding to meet these standards in the future. For the purposes of this paragraph, a capability to meet these standards may be demonstrated by sufficient available land owned by the applicant or an entity associated with the applicant, a building designed to readily accommodate an expansion or a declaration by the applicant of future intent to expand the facility to meet these standards. REGULATIONS AND CONDITIONS. a. A place of public assembly determined to be a large facility under this ordinance shall be located so as to have its primary access directly onto U.S. 31 North or onto a County primary road. Review comments from the Grand Traverse County Road Commission and Metro Fire shall be submitted to the East Bay Charter Township Office of Planning & Zoning prior to consideration of a site plan for a large place of public assembly by the Planning Commission; with particular comment as to whether a second means of ingress and egress is recommended to assure the safety of the general public, and if so recommended, the recommended minimum distance between such means of ingress and egress. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 41 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �b. A place of public assembly determined to be a large facility under this ordinance shall be located on a parcel of land with a minimum area of five (5) acres. Provided, however, that such facility shall meet the maximum lot coverage requirements of this ordinance. c. A place of public assembly determined to be a small facility under this ordinance shall be located on a parcel of land that meets the minimum lot size requirements for the district in which it is located. Provided, however, that such facility shall meet the maximum lot coverage requirements of this ordinance. d. For a place of public assembly determined to be a large facility, the Zoning Administrator may require the completion of a traffic impact study under the terms of Section 227 of this Zoning Ordinance. e. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. f. All off-street parking shall be in compliance with Article VII of this Ordinance. g. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. h. Places of public assembly may contain an accessory child care center, subject to a land use permit and the regulations and conditions of Section 617.2. The maximum capacity of a child care center for small places of public of assembly without special land use approval shall be 50 children, while the maximum capacity of a large place of public assembly without special land use approval shall be 75 children. (Revised 6/11/18) SECTION 636 PLANNED UNIT DEVELOPMENT 1. DEFINITION: A planned unit development is intended to accommodate developments; with mixed or varied uses, having sites with unusual topography or unique settings within the community, or on land which exhibits difficult and costly development problems. 2. STATEMENT OF INTENT: It is the purpose of this section to permit in the Township flexibility in the regulation of land development, and to encourage innovation and variety in land use and design of projects of sufficient size to be considered self-contained, to the extent the projects are physically and visually separated from other land uses in the immediate vicinity, are not an integral part of other already developed or committed land uses, are directly accessible from arterial and collector roads as designated in the Township Comprehensive Plan (see Map 13 of the Township Comprehensive Plan incorporated in this Article), and will not have any adverse economic, social, or environmental impact on surrounding land uses. Planned Unit Developments may be located anywhere in the Township upon the issuance of special land use approval by the East Bay Township Board of Trustees. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 42 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �Planned Unit Developments are also subject to Site Plan Review provisions of Article VIII Section 820 of this Ordinance. 4. OBJECTIVES: Planned unit developments in accordance with this section are intended: a. To permit flexibility in the regulation of land development. b. To encourage innovation in land use and variety in design, layout, and type of structures constructed. c. To achieve economy and efficiency in the use of land, natural resources, energy, and the providing of public services and utilities. d. To encourage useful open space; to provide improved housing, employment, and shopping opportunities particularly suited to the needs of the residents of the State and Township. e. To encourage the innovative use, re-use, and improvement of existing sites and buildings. 4. REGULATIONS AND CONDITIONS: Planned unit developments shall meet the following general standards: a. The use will be compatible with adjacent land use, the natural environment, and the capacities of affected public services and facilities, and that such use is consistent with the public health, safety and welfare of East Bay Township residents and the benefits of the development are not achievable under any single zoning classification. b. The use shall be consistent with the East Bay Township Master Plan and Future Land Use Map as set forth in this Article. c. The use and development is warranted by the design and additional amenities made possible with and incorporated by the development proposal. d. The development consolidates and maximizes usable open space. e. Landscaping is provided to insure that proposed uses will be adequately buffered from one another and from surrounding public and private property and to create a pleasant pedestrian scale outdoor environment. f. Vehicular and pedestrian circulation, allowing, safe convenient, non-congested and well-defined circulation within and access to the development shall be provided. g. Existing important natural, historical and architectural features within the development shall be preserved. 5. DIMENSIONAL & USE RESTRICTIONS: In acting upon the application, the Township Board of Trustees may alter lot size limits, required facilities, buffers, open space areas, setback requirements, height limits, building size limits, off-street parking regulations, landscaping rules, and miscellaneous regulations, where such regulations or changes are consistent with the intent, objectives, and standards set EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 43 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �6. forth in Section 637.1,2, and 3. Further, the Township Board of Trustees may also alter density limits; providing they do not exceed recommended maximums set forth in the Township's Comprehensive Master Plan. The Township Board of Trustees may also authorize principal and other uses not permitted in the district where the land is located, provided that such are consistent with the intent of this section, the standards set forth herein. Dimensional and parking use restrictions of the underlying zoning shall not apply to the area within an approved PUD unless expressly retained in the permit. PUD APPLICATION: A planned unit development application shall be submitted to the Township Planning Commission for review, analysis, and hearing process. An application fee is required and shall be non-refundable. The Township Board shall by resolution establish the amount of the application fee. All land for which application is made must be owned by the applicant and the parcel must be capable of being planned and developed as one integral land use unit. Non-contiguous parcels may be considered. The application must be signed by all applicants and must contain the materials described in this Section. Failure of the applicant to provide such requested information in a timely manner may delay the process of review. a. Developer's intent and objectives (physical, social and environmental) b. A certified boundary survey and legal description of the property. c. A statement of present ownership of all land contained in the PUD. d. A population profile for the development. e. Proposed financing. f. Development staging. g. Soil types and ability of soils to accommodate the proposed development. h. Estimated impact of the proposed development on roads, schools, and utilities, including water and sewer, fire protection and emergency services. i. Estimated impact of the proposed development on the environment which includes; 1) A written assessment and analysis of the proposed development regarding the water, air and natural features. 2) Any adverse environmental effects which cannot be avoided if the proposal is implemented. 3) Mitigation measures proposed to minimize the impact. 4) Any irreversible environmental changes which would be involved in the proposed action should it be implemented. j. Waste emissions and methods of handling smoke, dust, noise, odors, liquids, solids and vibrations, if applicable. k. Market and economic feasibility. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 44 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �l. Such other information pertinent to the development or use. m. Eleven copies of a Preliminary Site Plan, that includes; 1) A scale drawing of the site and proposed development thereon, including the date, name and address of the preparer, a certified boundary survey and legal description of the property. 2) Property parcel number (from the Assessment Roll of the Township). 3) Topography of the site at two (2) foot contour intervals, its relationship to adjoining land, and proposed changes in topography. 4) Itemization of existing man-made features, existing land use and zoning for the entire site and surrounding area within one hundred (100) feet. 5) Show all water features; springs, streams and creeks, lakes and ponds, wetlands, flood plains. 6) Proposed setbacks from property lines and building separations distances. 7) Locations, heights and sizes of structures and other important features. A rendering of the exterior elevation of the buildings and structures. 8) A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. 9) Also include percentage of land covered by buildings, parking and landscape open space, or reserved for open space. 10) Dwelling unit density where pertinent. 11) Location of public and private rights-of-way and easements contiguous to and within the proposed development which are planned to be continued, created, relocated or abandoned, including grades and types of construction of those upon the site. 12) Curb-cuts, driving lanes, parking and loading areas. 13) Location and type of drainage, sanitary sewers, storm sewers and other facilities. 14) Location and nature of fences, landscaping and screening. Also show proposed landscape massing, open spaces and their intended use, active and passive recreation facilities pursuant to the landscaping and buffering standards of Section 229. 15) Proposed earth changes. 16) Signs and on-site illumination. 17) The location of all existing trees having five (5) inches or greater diameter breast height, identified by common or botanical name. Trees proposed to remain, to be transplanted or to be removed shall be so designated. Cluster of trees standing in closed proximity (3-5 feet or closer) may be designated EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 45 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �7. 8. 9. 10. as a "stand" of trees, and the predominant species, estimated number and average size shall be indicated. 18) Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be requested by the Planning Commission. PROCEDURE: a. A public hearing by the Township Planning Commission shall be held on each planned unit development request properly filed under the terms of this ordinance. Notice of the public hearing shall be given as required by Section 831, Hearing Notice Procedures, of this Ordinance. (Revised 4/6/07) b. The notice of the public hearing shall contain the following: 1) Description of the nature of the planned unit development request. 2) Description of the property which is the subject of the planned unit development. 3) Time and place of consideration of and public hearing on the planned unit development request. 4) When and where written comments will be received concerning the request. DECISIONS: If the Township Planning Commission determines that the PUD application is consistent with the intent of the ordinance as expressed above and with the other standards and requirements herein contained, it shall recommend its findings to the Township Board of Trustees, which shall, following a public hearing with notice given as required by Section 831, Hearing Notice Procedures, of this Ordinance, then make a final decision to enter an order authorizing development and use in accordance with the application and material submitted, modified as the Township Board of Trustees may consider necessary to carry out the intent and standards of this ordinance and containing any lawful conditions or restrictions which the Township Board of Trustees may consider necessary to carry out the purposes of this ordinance and to protect the public health, safety and welfare. The decision of the Township Board of Trustees shall be a discretionary decision. The order shall recite the findings of fact and the reasons upon which it is based. Said order, findings, conditions of approval and other requirements of the Township Board, may be set forth in a Development Agreement prepared by the Township Attorney and the completion and execution of said Development Agreement shall be accomplished prior to the issuance of a land use permit. (Revised 6/24/06 and 4/6/07) EFFECT: After approval of a planned unit development, the land to which it pertains shall be developed and used in its entirety only as authorized and described in the order approving the planned unit development or only as authorized by the provisions of this Ordinance which would apply if the planned unit development order had not been issued. PHASED PUDS: Each phase of a PUD shall be planned, developed and approved EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 46 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �11. 12. to exist as a complete development able to stand on its own in the event subsequent phases are not implemented. AMENDMENTS: An order approving a planned unit development may be amended as follows: a. Minor amendments. Minor amendments are those which will have no foreseeable effect beyond the property boundary such as minor changes in the location of buildings, the alignment of utilities, and the alignment of interior roadways and parking areas. Minor amendments for good cause may be authorized by the Zoning Administrator provided no such changes shall increase the size or height of structures, reduce the efficiency or number of public facilities serving the PUD, reduce usable open space, or encroach on natural features proposed by the plan to be protected. b. Major amendments. Any amendment not qualifying as a minor amendment is considered to be a major amendment and must be approved by the Township Board of Trustees according to the procedures authorized by this section for approval of a planned unit development. EXTENSION AND TERMINATION. (Revised 8/10/09) a. Automatic Termination and Extension. A Special Land Use Permit authorizing a PUD shall expire two (2) years from the date of final approval. Upon written request stating the reasons therefore, the Planning Commission shall make a recommendation to the Township Board to extend the Special Land Use Permit authorizing a Planned Unit Development for an additional one (1) year period, however no more than three (3) extensions for a special land use permit authorizing a PUD shall be granted for any reason under this Ordinance. The Township Board may affirm or reject such a recommendation. In order to receive a recommendation for an extension, the evidence must show the following: 1) The conditions necessitating the delay in the construction and completion of the project are reasonably beyond the control of the applicant. 2) The requirements and standards, including those of the zoning ordinance that are reasonably related to the development, have not changed. 3) Development or redevelopment in the proximity to the approved PUD and/or PUD phase has not resulted in changed conditions impacting the site. 4) There has not been a change in state or federal law, local charter, or other local ordinance prohibiting the construction or further construction of the approved project. b. An application for an extension of a Special Land Use Permit authorizing a Planned Unit Development must be filed at least 60 (sixty) days prior to the expiration of the original Special Land Use Permit authorizing a planned unit development or the expiration of any extension previously approved by the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 47 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �13. township, whichever is applicable. The application form for requesting an extension shall be provided by the Township and can be obtained from the Township Zoning Administrator or Deputy Zoning Administrator. An application fee for an extension is required and shall be non-refundable. The Township Board shall by resolution, establish the amount of the application fee for the renewal. The renewal is only applicable to the property subject to the originally approved Special Land Use Permit authorizing the Planned Unit Development. c. Any such extension is subject to reasonable conditions established by the Planning Commission and authorized by the Township Board, including, if necessary, the implementation of a new or additional performance guarantee requirement pursuant to section 830 of the East Bay Township Zoning Ordinance. d. Other Means of Termination of a Special Land Use Permit Authorizing a PUD. A Special Land Use Permit authorizing a PUD may be canceled by written agreement executed by the owner or authorized agent of the owner of the land to which it pertains and the Zoning Administrator or Deputy Zoning Administrator at any time when the development and the use of the land is in conformance with all provisions of this ordinance which would apply if such Special Land Use Permit had not been issued. The Special Land Use Permit may be rescinded at any time by the Township Board of Trustees for violation of the Special Land Use Permit by the applicant, its successors, agents or assigns after written notice to the current owners and occupiers of the PUD area has been provided and after a hearing before the Planning Commission on the alleged violation. Upon termination of a Special Land Use Permit authorizing a PUD, the zoning requirements shall revert to the current requirements for the zoning district designated for the property. ORDINANCE AMENDMENT: A planned unit development approval shall not be considered an ordinance amendment. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 48 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �2640 0 2640 Map #13 5280 Feet ,:.~ Ii"'~ '-~ ~- 71 '->---- --- ,ERRY CAPITAL AIRPORT SAIRPORT I<iv11-<' I I I I ~o~ ,l' f,)C. ,;..lJ:_/ ll ct \ - r-~J -;~f~ RD~ ·~~- ~ I \...., - ,, ____ , _ 1 1 . . ,- ?-- ½~--- , ,.,;., , ;-,.,_,. r------Legend Existing B ike Routes • \ : County Bicycle Plan ' •••• • County/ fownship Bicycle Plru1 Existing Transportation Map 'koad Fu nctional Classifications East Township N Regional Arterials N . Local Arterials Principal Collectors Grand Traverse County, MI ARTICLE VI ✓ Secondary Collec tors All Season A Truck Routes RTICLE VI - 49 SPECIFIC STANDARDS Williams & Works AND and ational Truck Network Gourdie/Fraser & Assoc., Inc. R EQUIREMENTS FOR S PECIAL L AND U SES Year-Rou11d Roads Bay EAST BAY TOWNSHIP Sources: ZONING ORDINANCE GTC Rd .Comm , 1998 (Rd. Classes , Truck GTC 20-20 Plan , 1994 (Bicycle Routes) East Bay Twp ., 1998 (Bicycle Routes) N "/ Routes) 1999 �EAST BAY TOWNSHIP ZONING ORDINANCE East Bay Township Grand Traverse County, Michigan Future Land Use Aproved by the Planning Commission: December 1, 2015 Future Land Use • • Growth Boundary ARTICLE VI - 50 0 Water 0 Agricultural - 0 Industrial Mitchell Creek Protection - Natural Area Preservation - Neighborhood Commercial/Multi-Family - Regional Commercial Residential - Very Low Density 1 Du/Ac Residential - Low to Medium Density 1-4 Du/Ac ARTICLE VI SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES Residential - Medium to High Density 5-8 Du/Ac Residential - High Density 8-12 Du/Ac 1 inch = 6,000 feet 3,000 6,000 12,000 Feet w @• ' W-!~i~•~ &.,\Y2..r:~~ �SECTION 637 VEHICLE REPAIR FACILITIES 1. DEFINITION: A building, structure or parcel of land, or any portion thereof, used for the diagnosing, repairing, cleaning, equipping and/or painting of motor vehicles. 2. REGULATIONS AND CONDITIONS. a. Within an industrial park or planned industrial development, Vehicle Repair Facilities may constitute the greater of one (1) lot or unit or five percent (5%) of the total developable area of the industrial park or planned industrial development. b. Parking or storage of inoperable vehicles shall be completely enclosed by an opaque fence eight (8) feet in height or an evergreen landscape buffer not less than eight (8) feet in height. All vehicle parts and scrap shall be stored entirely within an enclosed structure. c. All equipment including hydraulic hoists, pits, lubrication and repair facilities shall be entirely enclosed within a building. No outdoor storage of merchandise or equipment shall be permitted. d. All repair and maintenance activities shall be performed entirely within an enclosed building. e. The provisions of Section 219.8 shall apply to the location of Vehicle Repair Facilities. f. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. g. All off-street parking shall be in compliance with Article VII of this Ordinance. h. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. i. The provisions of Section 220 shall apply to the location of Vehicle Repair Facilities. SECTION 638 LIMITED RETAIL SALES (Revised 2/8/10) 1. DEFINITION: The retail sales of goods, wares, or merchandise manufactured, produced, or assembled on site and the retail sales of related products or goods which are clearly incidental and subordinate to the goods, wares, or merchandise manufactured or assembled on site. 2. REGULATIONS AND CONDITIONS. a. Pursuant to this Section, within an industrial area, industrial park, planned industrial development or within the Industrial Zoning District, the Planning Commission may permit limited retail sales when it finds that the proposed special land use will meet the requirements of this Zoning Ordinance and that the proposed special land use will not substantially alter the fundamental purpose or character of the industrial area nor conflict with or undermine the viability of existing or potential industrial land uses within the area. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 51 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �b. All activities associated with the proposed limited retail sale of goods or products manufactured on site shall be conducted in an area of not more than 10% of the total floor area within a structure or facility, but not to exceed 1,000 square feet. c. The products and goods to be sold must be manufactured, produced, or assembled on site, or be clearly incidental and subordinate or promotional to the products or goods manufactured, produced, or assembled on site. d. The retail sale of items which promote the business but which are not produced on site, shall have the name or logo of the business clearly affixed to the product by silk screening, embroidery, monogramming, etching, engraving, decals or other means of permanence. No generic or non-logo items may be sold on site. e. All retail sales activities shall be performed entirely within an enclosed building. No outdoor storage of merchandise or equipment shall be permitted. f. Hours of retail sales shall not begin before 10:00 AM nor continue later than 7:00 PM g. Retail sales shall not be permitted until all applicable local, state, or federal permits have been acquired. h. All signs shall be in compliance with the provisions of Section 215 of this Ordinance, provided, however, that the provisions of Section 215, 7, b, may be adjusted to permit a single fascia sign advertising the limited retail sales activity in addition to one other fascia or freestanding sign serving the business. i. All off-street parking shall be in compliance with the in Article VII of this Ordinance and the provisions of Section 700, 3, shall apply to any parking area jointly used by the manufacturing operation and the limited retail sales operation. j. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 639 - 642 RESERVED SECTION 643 TWO-FAMILY DWELLINGS (Revised 7/9/12) 1. DEFINITION: A single building used or designed for use exclusively as two dwelling units as defined herein for independent residency by no more than two families. 2. REGULATIONS AND CONDITIONS. a. Building and lot shall conform to the site development requirements contained in Article VIII of this Ordinance. b. A Two-Family Dwelling located in the LDR district shall front on and take its primary access from either South Airport Road or Three Mile Road, north of South Airport Road. c. No dwelling unit shall have its principal access more than one-hundred fifty (150) feet from either an access drive or a public street, and the required off-street parking area. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 52 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �d. All signs shall be in compliance with the provisions of Section 215 of this Ordinance. e. All off-street parking shall be in compliance with Article VII of this Ordinance. f. Landscaping and Buffering shall be provided in accordance with Section 229 of this Zoning Ordinance. SECTION 644 TOWNSHIP USES 1. DEFINITION: Buildings, facilities and grounds owned or leased by East Bay Township as a part of its normal municipal responsibilities and duties. 2. REGULATIONS AND CONDITIONS. a. A Township use that includes access by the general public shall be located on a paved, all-season roadway. b. A Township use that includes meeting space to accommodate fifty (50) or more persons at one time shall comply with the requirements for Places of Public Assembly set forth in this Article. c. All off-street parking shall be in compliance with Article VII of this Ordinance. d. All outdoor storage areas shall be enclosed with an opaque fence six (6) feet in height. e. All exterior lighting shall be equipped with cut-off fixtures to prevent light from casting off the site. SECTION 645 CAMPS AND CAMPGROUNDS (Revised 10/13/08) 1. DEFINITION: An area or establishment intended to contain temporary or permanent buildings, tents, recreational vehicles such as motor homes or camper trailers, or other structures established or maintained as temporary living quarters, usually operated during the summer for recreation, religious, education, or vacation purposes. 2. REGULATIONS AND CONDITIONS. a. Camps and campgrounds shall only be placed on parcels of 40 acres or greater. b. Individual camp sites, accessory buildings and similar features shall be isolated from surrounding single-family residential uses or similar camps and campground uses by screening, distance or other means satisfactory to the Planning Commission to protect the quiet enjoyment and aesthetic values of adjoining properties.. c. Camps and campgrounds shall comply with site design standards set forth by the Michigan Department of Environmental Quality. d. As part of a submittal for special land use approval for Camps and Campgrounds, the applicant shall present a detailed management plan for the facility. Such management shall include, but not be limited to, the following EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 53 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �information and the continued compliance with the terms of the management plan shall be a condition of any approval granted under this section: 1) The total number of campsites proposed 2) The maximum permitted duration of residency 3) The general nature of camping shelters, recreation vehicles and related equipment anticipated on site 4) The nature of services and facilities to be offered to facility users 5) Policies and enforcement procedures to deal with noise, rowdy behavior, and similar nuisance activities 6) The hours and seasons the facility will operate 7) Any other information determined by the Zoning Administrator or Planning Commission to be necessary to properly evaluate the proposed request. e. Campgrounds shall obtain and maintain any required state licensing. f. When applicable, camps and campgrounds shall comply with all requirements of the Grand Traverse County Health Department. Section 646 Bungalow Courts and Cottage Clusters (Revised 6/12/17) DEFINITION: A group of detached or semi-detached, one or two-family dwellings situated around a shared central courtyard or garden and which are used for nontransient housing. 1. LOT WIDTH: The minimum lot width for the parcel containing a bungalow court or cottage cluster shall be 150 feet. 2. FLOOR AREA: Bungalow court and cottage cluster units shall contain a minimum of 400 square feet of floor area per unit and shall not exceed 1,200 square feet of floor area per unit. 3. HEIGHT: The maximum building height shall not exceed 26 feet. 4. SETBACKS: a. From an external fronting road right-of-way(s): 25 feet b. Side yard: 7 feet on each side c. Between a dwelling unit and garage, including eaves: 5 feet d. From shared internal driveway(s) or shared alley(s) serving the bungalow court/cottage cluster: 20 feet 5. MAXIMUM NUMBER OF UNITS: The maximum number of units in a bungalow court or cottage cluster shall be 40. 6. REGULATIONS AND CONDITIONS: a. The minimum width of each bungalow or cottage unit shall be 20 feet. b. Off-street parking, garages, carports, minor accessory buildings, driveways, alleys, and maneuvering lanes shall be prohibited within the EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 54 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. central courtyard/garden and from the external front yard of the bungalow court. All garages and carports shall be rear-loaded, away from the shared central courtyard/garden. All off-street parking shall be located behind the dwelling units. A maximum one (1) minor accessory building, other than the garage/carport is permitted. Garages/carports, whether attached or detached shall not exceed the footprint of the principal residential structure. Garages shall not be converted to residential purposes. Services, including all utilities, aboveground equipment, and trash containers shall be located away from the shared central courtyard/garden. Each dwelling unit shall front upon the shared central courtyard/garden and shall have a front porch or terrace facing the shared central courtyard/garden. Each dwelling unit shall be constructed upon a permanent foundation. Shared internal sidewalks, a minimum of five (5) feet in width, shall be provided within the shared central courtyard/garden area, connecting the shared central courtyard/garden to off-street parking, and connecting the shared internal sidewalk to an external public sidewalk fronting the parcel along an approved public or private road. The shared central courtyard/garden area shall comprise a minimum of 20 percent of the total site area of the bungalow court/cottage cluster development. Shared internal drives shall be a minimum 20 feet in width. Shared internal drives shall be paved. Parallel parking may be included along one side of the shared internal drive(s), provided the width of the shared internal drive is increased by eight (8) feet to accommodate the parallel parking. Individual units are not subject to site plan review, but are subject to a land use permit. Short-term rentals of less than 30 days are prohibited within a bungalow court or cottage cluster. Bungalow courts and cottage clusters shall be exempt from the interconnection requirements of Section 228.4. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VI ARTICLE VI - 55 SPECIFIC STANDARDS AND REQUIREMENTS FOR SPECIAL LAND USES �ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS SECTION 700 REQUIREMENTS There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces. The proper number of parking spaces for any given use as specified in this Section is based upon considerations of the maximum number of motor vehicles that can be expected on the premises at the same time during an average day. 1. Location of off-street parking spaces may be within a rear yard or side yard. Offstreet parking shall not be permitted within a minimum front yard set back unless otherwise provided in this Ordinance. Required off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve. 2. Location of off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership of all lots or parcels intended for use as parking by the applicant shall be shown on the site plan. 3. Joint use of off-street parking areas may be provided collectively by two or more buildings or uses, PROVIDED the total number of parking spaces shall not be less than the sum of the requirements of the space requirements computed separately. In the instance of dual function of off-street parking spaces where operating hours or parking needs of individual buildings or uses occur at distinctly different times, the Planning Commission may grant an exception. 4. Fractional Spaces: When units of measurement determining the number of required parking spaces result in a fractional space, any fraction up to and including one half shall be disregarded and fractions over one-half shall require one parking space. 5. In cases of uses not specifically mentioned, the requirements of off-street Parking spaces shall be in accord with the use which the Zoning Administrator considers is similar in type. 6. Off-street parking areas shall not be used for commercial repair work, storage of merchandise, or servicing or selling of trucks or motor vehicles. SECTION 701 1. DEFINITIONS The term "floor area," as applied in this section. Is that area used or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VII- 1 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �customers, but excluding floor areas which are used or intended for use exclusively for storage, for housing of mechanical equipment integral with the building, hallways, or utilities or maintenance facilities. Measurement of floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls. 2. The term "dwelling unit," as used in this Section, shall be consistent with the definitions of dwelling unit contained in Article XIV. SECTION 702 PARKING SPACE REQUIREMENTS The number of required off-street parking spaces in all districts shall be provided in accordance with the following minimum requirements: RESIDENTIAL 1. Use Number of Parking Spaces Per Unit of Measure b. One family, two family, multiple family, mobile home Housing for elderly Two for each dwelling unit for one and two family and mobile home, 1½ per dwelling unit for multiple family One for each two units, and one for each employee. c. Mobile home park Two for each mobile home site and one for each employee. d. Accessory dwelling unit One for attached and two for detached. (Revised 2/12/18) a. INSTITUTIONAL 2. Use Number of Parking Spaces Per Unit of Measure a. Churches or temples One for each three seats in the main unit for worship. b. Hospitals One for each bed. c. d. Nursing, convalescent homes Clinics One for each four beds. Four for each doctor, plus one for each employee. e. Elementary and junior high schools One for each teacher, administrator or other employee, in addition to the requirements of the auditorium. f. Senior High Schools g. Auditoriums and theaters One for each teacher, administrator or other employee, and one for each ten students, in addition to the requirements of the auditorium. One for three seats, plus one for each two employees. h. Private clubs, swimming pool clubs, or other similar uses i. j. Golf courses open to the general public, except miniature or “par-3” courses Fraternity or sorority k. Stadiums or sports arenas EAST BAY TOWNSHIP ZONING ORDINANCE One for each two members’ families or individuals plus as required spaces for each accessory use, such as a restaurant or bar. Four for each one golf hole, plus one for each two employees. One for each two beds. One for each three seats ARTICLE VII- 2 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �l. m. 3. Use Number of Parking Spaces Per Unit of Measure Nursery or child care centers Libraries, post offices One for each 350 square feet of floor area. One for each 800 square feet of floor area, plus one for every four employees. BUSINESS and COMMERCIAL (Revised 4/9/18) Use Number of Parking Spaces Per Unit of Measure a. b. Planned shopping center Miniature or “par-3” golf c. d. Beauty parlor or barber shop Bowling alleys e. k. Dance halls, pool and billiard parlors, roller rinks, exhibition halls without fixed seats Restaurants, cafeterias, taverns, bars Furniture and appliance, household equipment, hardware, repair shops, shoe repair, and other similar uses. Gasoline service station and Vehicle Repair Facilities Laundromats and coin operated dry cleaners Mortuary establishments One for each 100 square feet of floor area Three for each one golf hold courses plus one for each employee. Two for each beauty and/or barber shop chair. Four for each alley, plus one for each employee, plus accessory uses. One for each two persons allowed within the maximum occupancy as established by fire, building or health codes. l. Motel, hotel, tourist home m. Retail stores, except as otherwise specified herein Motor vehicle sales and service establishments f. g. h. i. n. One for each 75 square feet of floor area. One for each 800 square feet of floor area. One for each service and repair stall, plus one for each worker on each shift. One for each two washing or dry-cleaning machines One for each 50 square feet of floor area. One for each sleeping unit, plus one for each one employee during the largest shift, plus restaurant requirements, if applicable. (Revised 4/9/18) One for each 300 square feet of floor area. One for each 200 square feet of floor area of sales room and one for each auto service stall in the service room. OFFICES 4. Use Banks, except drive ins Number of Parking Spaces Per Unit of Measure One for each 200 square feet of floor area. b. Business or professional office, except doctors, dentists, or similar professionals One for each 200 square feet of floor area. c. Professional offices of doctors, dentists, or similar professionals One for each 200 square feet of floor area. a. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VII- 3 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �5. DRIVE-INS a. Use Drive-in banks, cleaners, car laundries, and similar businesses Number of Parking Spaces Per Unit of Measure Storage space for five cars between the street right-of-way and the customer service area. b. Drive-in restaurants One for each 100 square feet of floor area. 6. INDUSTRIAL a. b. Use Industrial or manufacturing establishments, research and testing laboratories, and related accessory offices Number of Parking Spaces Per Unit of Measure Five, plus one for each one employee in the largest working shift. Warehouses or wholesale establishments, and related accessory offices Five, plus one for every one employee in the largest working shift or one for each 1,000 square feet of floor area, whichever is greater. SECTION 703 OFF-STREET PARKING SITE DEVELOPMENT REQUIREMENTS All off-street parking areas shall be designed, constructed, and maintained in accordance with the following standards and requirements: 1. No parking lot shall be constructed until a Permit therefore is issued by the Zoning Administrator. 2. Before such permit is issued, plans and specifications shall be submitted to the Zoning Administrator showing the location, capacity, size, site design, surfacing, marking, lighting, drainage, curb cuts, entrances, exits, and any other detailed features essential to the design and construction of the proposed parking facility. 3. Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements: MANEUVERING PARKING (width) PARKING (length) 0 Degrees (parallel parking) 12 ft. 8 ft. 23 ft. 30 to 50 degrees 12 ft. 8 ft. - 6 in. 20 ft. 54 to 74 degrees 15 ft. 8 ft. - 6 in. 20 ft. 75 to 90 degrees 20 ft. 9 ft. 20 ft. PARKING 4. 5. All parking spaces shall be provided access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. Adequate ingress and egress to the parking lot by means of clearly defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single family residential use shall not be across land EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VII- 4 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �6. 7. 8. 9. zoned for single family residential use. Each entrance and exit to and from any off street parking lot located in an area zoned for other than single family residential use shall be at least 25 feet distant from adjacent property located in any single family residential district. All off-street parking areas abutting LDR, MDR, HDR, MHC AND RR districts shall be provided with an obscuring fence no less than 4 feet, 6 inches in height. Such fences shall be constructed of materials approved by the Zoning Administrator and shall be durable, weather resistant, and easily maintained. Except for single family residential lots, all parking areas, including parking spaces and maneuvering lanes, shall be paved with asphalt, bricks, cement or concrete interlocking blocks and shall be graded and drained to dispose of all collected surface water. The Township Planning Commission may waive this requirement if they determine the project is within a primitive area and/or consists of a passive recreational use or a similar low intensity land use. Except for single family and two family residential lots, all parking areas with a capacity of four or more vehicles shall provide adequate lighting throughout the hours when the parking area is in operation. All lighting shall be so installed as to be confined within and directed into the parking area only. SECTION 704 OFF STREET LOADING AND UNLOADING REQUIREMENTS On the same premises with every building, structure, or part thereof involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading in order to avoid undue interference with public use of dedicated public streets. Such space shall be provided as follows: 1. Loading space required under this Section shall be provided as area additional to the off-street parking space required in Section 703 of this Article and shall not be considered as supplying off-street parking space. 2. There shall be provided adequate space for standing, loading, and unloading services not less than 12 feet in width, 25 feet in length, and 14 feet in height for all uses listed in the following table or for similar uses involving the receipt or distribution by vehicles of materials or merchandise: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VII- 5 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �Use Floor Area (square ft.) Required Space Commercial uses, such as retail stores, personal services, amusement, auto mobile sales and service First 2,000 none Next 2,000 or fraction thereof one space Each additional 2,000 or fraction thereof one space Wholesales and storage, including building and contractor’s yards First 20,000 one space Each additional 20,000 or fraction thereof one space First 20,000 or fraction thereof one space Each additional 20,000 or fraction thereof one space First 5,000 or fraction thereof one space Each additional 10,000 or fraction thereof one space First 10,000 one space Next 100000 or fraction thereof one space Each additional 200,000 or fraction thereof one space First 2,000 none Next 50,000 or fraction thereof one space Each additional 100,000 or fraction thereof one space For each building one space Manufacturing or other industrial uses Funeral homes, mortuaries Hospitals Offices, hotels Schools, clubs, or other public assembly buildings EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VII- 6 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �(THIS PAGE INTENTIONALLY LEFT BLANK) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VII- 7 ARTICLE VII OFF-STREET PARKING AND LOADING REGULATIONS �ARTICLE VIII ADMINISTRATION SECTION 800 ZONING ADMINISTRATOR A Zoning Administrator shall be appointed by and on such terms as shall be determined by the Township Board; provided that the Zoning Administrator shall not be a member of the Township Board, the Planning Commission, nor the Zoning Board of Appeals. The Zoning Administrator shall perform such duties as the Township Board may prescribe, in addition to any duties prescribed in this Ordinance, and it shall be a condition of the appointment that attendance at the meetings of the Planning Commission and the Zoning Board of Appeals be required. SECTION 801 ELIGIBILITY The Zoning Administrator shall be generally informed on good construction procedures, on good practice in fire prevention, and the proper installation of safety, health and sanitary facilities. The Zoning Administrator shall be in good health and physically capable of fulfilling the duties. In the case of a conflict of interest, of either individual, subject to the provisions of this Ordinance, the Zoning Administrator will act in fulfilling the provisions of this Ordinance, in the case of conflict of interest involving the Zoning Administrator, the Township Board shall designate some other person to act in fulfilling the provisions of the Ordinance in relation to the specific case. SECTION 802 1. DUTIES AND LIMITATIONS OF THE ZONING ADMINISTRATOR (Revised 10/08/18) The Zoning Administrator shall have the power to grant land use permits and to make inspections of buildings or premises necessary to carry out their duties in the enforcement of this Ordinance. The Township Zoning Administrator is hereby designated as the authorized Township official to issue municipal civil infraction citations directing alleged violators of this ordinance to appear in court. The Township Board may also designate from time to time other officials to issue municipal civil infraction citations on behalf of the township in connection with alleged violations of this Ordinance 2. If the proposed excavation, construction, moving, alteration or use of land as set forth in the application are in conformity with the provisions of this Ordinance, the Zoning Administrator shall issue a land use permit, however: a. Issuance of a land use permit shall in no case be construed as waiving any provision of this Ordinance. b. The Zoning Administrator is under no circumstances, permitted to grant exceptions to the actual meaning of any clause, order or regulation contained in EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 1 ARTICLE VIII ADMINISTRATION �this Ordinance to any person making application to excavate, construct, move, alter, or use either building structures or land. c. The Zoning Administrator is under no circumstances, permitted to make changes in this Ordinance or vary the terms of this Ordinance in carrying out his duties as Zoning Administrator. d. The Zoning Administrator shall issue a permit when the imposed conditions of this Ordinance are complied with by the applicant regardless of the effect such permit has on contracts, such as deeds, covenants, or private agreement. e. If any application for such permit is not approved, the Zoning Administrator shall state in writing the cause for such disapproval. SECTION 803 LAND USE PERMITS (Revised 6/24/06, 2/8/10, and 12/24/16) 1. It shall be unlawful to begin earth movement, or to begin excavation for the construction, the moving, alteration, or repair, except ordinary repairs of any building or other structure, including an accessory structure exceeding 100 square feet in area, until the Zoning Administrator has issued for such work a land use permit which includes a certification that the plans, specifications, and intended use for such site, building, or structure does, in all respects, conform to the provisions of this Ordinance. Also, it shall be unlawful to change the type of use of land, or to change the type of use, or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use until the Zoning Administrator has issued a land use permit including a certification that the proposed use does, in all respects, conform to the provisions of the Ordinance. (Revised 6/24/06, 2/8/10, and 12/24/16) 2. Every application for a land use permit for earth movement, excavation, construction, moving, alteration or change in type of use or type of occupancy, shall be accompanied by a written statement and plans or plats drawn to scale showing the following in sufficient detail to enable the Zoning Administrator to ascertain whether the proposed work or use is in conformance with the provision of this Ordinance. (Revised 12/24/16) a. The actual shape, location and dimensions of the lot; if the lot is not a lot of record, sufficient survey data to locate the lot on the ground. b. The shape, size and location of all buildings or other structures to be erected, altered or moved and of any other buildings or other structures already on the lot. c. The existing and intended use of the lot and of all structures upon it. d. Such other information concerning the lot, adjoining lots, or other matters as may be essential for determining whether the provisions of this Ordinance are being observed. 3. All land use permit applications shall be made in writing to the Zoning Administrator EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 2 ARTICLE VIII ADMINISTRATION �on forms provided for that purpose. A record of all such applications shall be kept on file by the Zoning Administrator. a. A land use permit issued under the provisions of this Ordinance shall be valid only for a period of one (1) year following the date of issuance thereof and work to implement the construction authorized in the permit shall begin within said year. During construction, a copy of the land use permit shall be posted on an existing building or lot and in such a manner as to be visible from the highway. b. The exterior portion of any project for which the land use permit has been issued shall be completed within two (2) year from the date issuance of the land use permit. (Revised 6/21/14) 4. When the Zoning Administrator receives an application for a land use permit which requires action by the Planning Commission, such application along with all supporting information, shall be conveyed by the Zoning Administrator to the Planning Commission. If any application for such permit is not approved, the Zoning Administrator shall state in writing the cause for such disapproval. 5. The development or usage proposed by a land use permit may be subject to inspection by Township personnel at any time. Upon completion of all improvements, the Township may inspect the site to evaluate compliance with appeal decisions, conditions of approval, land use and special use approvals, site plan review approvals, temporary permits or other ordinances and regulations, in accord with the provisions of this Ordinance. In all cases, responsibility for full compliance with all appeal decisions, conditions of approval, land use and special use approvals, site plan review approvals, temporary permits or other ordinances and regulations shall rest with the applicant. (Revised 2/22/14) SECTION 804 DISTRIBUTION OF LAND USE PERMITS Each land use permit shall be issued and the copies shall be distributed as follows: 1. To the applicant who shall retain same until construction is completed; 2. To the Zoning Administrator who shall retain same as a part of the permanent records of the Township. SECTION 805 DENIAL OF PERMIT The Zoning Administrator shall promptly inform the applicant of the denial of a land use permit if, in his opinion, such planned building or structure or land use does not comply with the provisions of this Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 3 ARTICLE VIII ADMINISTRATION �SECTION 806 1. FEES (Revised 10/30/07) To assist in defraying the costs of investigating, reviewing, and administering zoning applications, appeals, rezoning requests from individual property owners, and other types of decisions which result in extra costs to the Township, the Township Board may from time to time adopt by resolution a fee schedule establishing basic zoning fees related to the following: a. Zoning permits. b. Special use permits. c. Appeals to or requests for interpretations by the Zoning Board of Appeals. Appeals and requests for interpretations initiated by the Township Board, the Planning Commission, or the Zoning Administrator shall not be subject to a zoning fee. d. Classification of unlisted property uses. e. Requests for variances from the Zoning Board of Appeals. f. Requests for rezoning of property by individual property owners. Rezoning of property initiated by the Township Board, or the Planning Commission shall not be subject to a zoning fee. g. Site plan reviews. h. Requests for a planned unit development (PUD). i. Any other discretionary decisions by the Planning Commission or Zoning Board of Appeals. The amount of these zoning fees shall cover the costs associated with the review of the application or appeal, including but not limited to the costs associated with conducting public hearings, publishing notices in the newspaper, sending required notices to property owners, postage, photocopying, mileage, time spent by zoning staff, and time spent by the members of the Planning Commission and/or Zoning Board of Appeals. The basic zoning fees are refundable in part or in their entirety subject to the deduction of any expenses incurred by the township up to the point in time when the application is withdrawn by the applicant. If the applicant withdraws the application at a convened hearing before any commission or board of the township, all the basic zoning fees shall be retained by the township. 2. If the Planning and Zoning Staff determines that the basic zoning fees will not cover the actual costs of the application review or appeal, or if the Planning and Zoning Staff determines that review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys, or other professionals is necessary, then the applicant shall deposit with the Township Treasurer such additional zoning fees in an amount determined by the Planning and Zoning Staff equal to the estimated additional costs. The additional zoning fees shall be held in escrow in the applicant's name and shall be used solely to pay these EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 4 ARTICLE VIII ADMINISTRATION �additional costs. If the amount held in escrow becomes less than ten percent (10%) of the initial escrow deposit or less than ten percent (10%) of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the Planning and Zoning Staff may require the applicant to deposit additional fees into escrow in an amount determined by the Planning and Zoning Staff to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this Ordinance shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the Township in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal. SECTION 807 COMPENSATION Compensation for the Zoning Administrator shall be established by the Township Board. SECTION 808 APPEARANCE TICKETS (Revised 10/8/18) The Zoning Administrator or other administrative official charged with enforcement of this Ordinance is hereby authorized to issue and serve appearance tickets with respect to all misdemeanor violations of the East Bay Township Zoning Ordinance, as amended, and may issue and serve upon a person an appearance ticket if he or she has reasonable cause to believe that the person has committed an offense. The Zoning Administrator may utilize the services of the Grand Traverse County Sheriff’s Office when issuing and serving tickets. As authorized by Public Act 366 of 1984, as amended, all said appearance tickets shall be issued and processed in accordance with the Statutes of the State of Michigan, as amended. SECTION 809 1. PLANNING COMMISSION (Revised 8/10/09, 10/17/09) Scope, Purpose and Intent. This ordinance is adopted pursuant to the authority granted the Township Board under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq., to establish a Planning Commission with the powers, duties and limitations provided by those Acts and subject to the terms and conditions of this ordinance and any future amendments to this ordinance. The purpose of this ordinance is a. To provide that the East Bay Charter Township Board confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the East Bay Township Planning Commission EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 5 ARTICLE VIII ADMINISTRATION �formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq., b. To establish the appointments, terms, and membership of the Planning Commission; c. To identify the officers and the minimum number of meetings per year of the Planning Commission; and d. To prescribe the authority, powers and duties of the Planning Commission. 2. Establishment. The Township Board hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the East Bay Charter Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq. The East Bay Township Planning Commission shall have 7 members. Members of the East Bay Charter Township Planning Commission as of the effective date of this Ordinance shall, except for an ex officio member whose remaining term on the Planning Commission shall be limited to his or her term on the Township Board, continue to serve for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for planning commission membership set forth within the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq. 3. Appointments, Terms and Qualifications and Ex Officio Member a. Appointments. The Township Supervisor, with the approval of the Township Board by a majority vote of the members elected and serving, shall appoint all Planning Commission members, including the ex officio member. The Planning Commission members, other than an ex officio member, shall serve for terms of 3 years each. A Planning Commission member shall hold office until his or her successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. b. Qualifications. Planning commission members shall be qualified electors of the Township, except that one Planning Commission member may be an individual who is not a qualified elector of the Township. The membership of the Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the Township, in accordance with the major interests as they exist in the Township, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire geography of the Township to the extent practicable. c. Ex Officio Member. One member of the Township Board shall be appointed to the Planning Commission as an ex officio member. An ex officio member has full voting rights. An ex officio member's term on the Planning Commission shall EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 6 ARTICLE VIII ADMINISTRATION �expire with his or her term on the Township Board. No other elected officer or employee of the Township is eligible to be a member of the Planning Commission. 4. Removal. The Township Board may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. 5. Compensation. The Planning Commission members may be compensated for their services as provided by Township Board resolution. 6. Officers and Committees. The Planning Commission shall elect a chairperson, vicechairperson and a secretary from its members, and may create and fill other offices as it considers advisable. An ex officio member of the Planning Commission is not eligible to serve as chairperson. The term of each office shall be 1 year, with opportunity for reelection as specified in the Planning Commission bylaws. The Planning Commission may also appoint advisory committees whose members may include members of the Planning Commission and others that are not members of the Planning Commission. 7. Bylaws, Meetings and Records. The Planning Commission shall adopt bylaws for the transaction of business and which shall provide for regular meetings. The Planning Commission shall hold at least 4 regular meetings each year, and shall by resolution determine the time and place of the meetings. Unless otherwise provided in the Planning Commission's bylaws, a special meeting of the Planning Commission may be called by the chairperson or by 2 other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to Planning Commission members at least 48 hours before the meeting. The business that the Planning Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, MCL 15.261, et seq. The Planning Commission shall keep a public record of its resolutions, transactions, findings, and determinations. A writing prepared, owned, used, in the possession of, or retained by a planning commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq. 8. Annual Report. The Planning Commission shall make an annual written report to the Township Board concerning its operations and the status of the planning activities, including recommendations regarding actions by the township board related to planning and development. 9. Authority to Make Master Plan. Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and other applicable planning statutes, the Planning Commission shall make a master plan as a guide for development within the township's planning jurisdiction. Final authority to approve a master plan or any amendments thereto shall rest with the Planning Commission EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 7 ARTICLE VIII ADMINISTRATION �unless the Township Board passes a resolution asserting the right to approve or reject the master plan. 10. Zoning Authority. All powers, duties, and responsibilities provided for Zoning Boards or Zoning Commissions by the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq., or other applicable zoning statutes are transferred to the East Bay Township Planning Commission. All powers, duties and responsibilities provided for the Planning Commission under the East Bay Charter Township Zoning Ordinance are hereby explicitly granted to the East Bay Charter Township Planning Commission 11. Capital Improvements Program. To further the desirable future development of the Township under the master plan, the Planning Commission shall prepare and recommend to the Township Board, a capital improvements program of public structures and improvements, showing those structures and improvements in general order of their priority, for the following 6-year period. 12. Subdivision and Land Division Recommendations. All powers, duties and responsibilities provided for the Planning Commission in the East Bay Charter Township Subdivision Control Ordinance, being Ordinance 80-105Z, are hereby explicitly granted to the East Bay Charter Township Planning Commission. 13. Repeal. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. The resolution or ordinance establishing the East Bay Township Planning Commission under the Township Planning Act (being Act 168 of 1959) are hereby repealed. SECTIONS 810 – 819 SECTION 820 RESERVED SITE PLAN REVIEW 1. INTENT: The intent of this section is to provide for consultation and cooperation between the land developer and the Planning Commission in order that the developer may accomplish objectives in the utilization of land within the regulations of the Ordinance, with minimum adverse effect on the land, shore, highways, and on existing and future uses of property in the immediate vicinity, and to insure that a proposed land use or activity is in compliance with this ordinance. 2. DEFINITION: A site plan includes the documents and drawings required by the Zoning Ordinance to insure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes. 3. SCOPE: When site plan review is required by another section of this Ordinance, the Zoning Administrator shall not issue a land use permit for construction of any use, other than single family or two family homes on individual lots, until a site plan, submitted in accordance with this section shall have been reviewed and approved by the Planning Commission. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 8 ARTICLE VIII ADMINISTRATION �4. OPTIONAL SKETCH PLAN REVIEW: Preliminary sketches of proposed site and development plans may be submitted for review to the Planning Commission prior to final approval. The purpose of such procedure is to allow discussion between a developer and the Planning Commission, to better inform the applicant of the acceptability of his proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval. Such sketch plans shall include as a minimum the following: a. The name and address of the applicant or developer, including names and addresses of any officers of a corporation or partners of a partnership, together with telephone numbers. b. Legal description, property parcel number, and street address of the subject parcel of land. c. Sketch plans showing tentative site and development plans. d. The Planning Commission shall not be bound by any comments or tentative judgments made at this time and the applicant shall sign an affidavit acknowledging the advisory nature of the sketch plan review process. (Revised 4/21/07) 5. APPLICATION PROCEDURE: Request for site plan review shall be made by filing with the Zoning Administrator the following: a. A review fee as determined by resolution of the Township Board based upon the cost of processing the review and as shall be on file with the Township Clerk for public information. b. One copy of the completed application form for site plan review which shall contain as a minimum the following information: 1) Name and address of applicant. 2) Legal description, property parcel number and street address of the subject parcel of property. 3) Area of the subject parcel of property stated in acres or, if less than on (1) acre, in square feet. 4) Present zoning classification on parcel. 5) Present and proposed land use. 6) Applicant's statement of the expected effect on emergency service requirements, schools, storm water systems and automobile and truck circulation patterns and local traffic volume. c. Sixteen copies of the proposed site plan, which shall include and illustrate at a minimum the following information, unless waived by the Zoning Administrator as clearly inapplicable to the site under consideration. (Revised 6/24/06) EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 9 ARTICLE VIII ADMINISTRATION �1) A scale drawing of the site and proposed development thereon, including the date, name and address of the preparer. 2) Property parcel number (from the Assessment Roll of the Township). 3) Topography of the site and its relationship to adjoining land. 4) Itemization of existing man-made features. 5) Dimensions of setbacks. 6) Locations, heights and sizes of structures and other important features. 7) Percentage of land covered by buildings and that reserved for open space. 8) Dwelling unit density where pertinent. 9) Location of public and private rights-of-way and easements contiguous to and within the proposed development, which are planned to be continued, created, relocated or abandoned, including grades and types of construction of those upon the site. 10) Curb-cuts, driving lanes, parking and loading areas. 11) Location and type of drainage, sanitary sewers, storm sewers and other facilities. 12) Location and nature of fences, landscaping and screening. 13) Proposed earth changes. 14) Signs and on-site illumination. 15) Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be requested by the Zoning Administrator or the Planning Commission. 16) The site plan shall include a written landscape plan prepared in accord with Section 229 of this Zoning Ordinance. 6. ACTION ON APPLICATION AND PLANS: (Revised 4/21/07) a. Upon receipt of the completed application and plans, the Zoning Administrator shall record the date of their receipt and transmit seven (7) copies thereof to each of the Planning Commissioners; one (1) copy to the Fire Department when necessary, one (1) copy to other area review agencies, when applicable and retaining one (1) copy in the Zoning Office. b. For a site plan to construct a building on a lot approved as part of an industrial park, the Zoning Administrator shall review the site plan in accordance with the criteria specified in this ordinance and also shall obtain review and comment from all applicable Township departments, County and State commissions and agencies. If the Zoning Administrator determines that a site plan to construct a building on a lot approved as part of an industrial park meets all requirements of EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 10 ARTICLE VIII ADMINISTRATION �c. d. e. f. g. 7. this ordinance, subsections c, d, and e, hereof shall not apply and the Zoning Administrator shall reject, approve or conditionally approve the site plan, as it pertains to the requirements and standards contained in the Zoning Ordinance. The Zoning Administrator shall report all administratively approved site plans to the Planning Commission at their next regularly scheduled meeting. A hearing shall be scheduled by the Chairman of the Planning Commission for a review of the application, plans, and of the recommendation of the Township Zoning Administrator with regard thereto. Members of the Planning Commission shall be delivered copies of the same prior to the hearing for their preliminary information and study. The hearing shall be held within forty-five (45) days of the date of the receipt of the plans and completed application. The applicant and adjoining property owners to the subject property, shall be notified of the date, time and place of the hearing on the application not less than three (3) days prior to such date. After conducting a public hearing, the Planning Commission shall reject, approve, or conditionally approve the site plan, as it pertains to requirements and standards contained in the zoning ordinance. Any conditions required by the Planning Commission shall be stated writing and shown on the site plan, together with the reasons and delivered to the applicant. Decisions by the Planning Commission shall be made within one hundred (100) days of the receipt of the completed application. A site plan approved or conditionally approved by the Planning Commission shall contain a condition that the landscape plan submitted and approved under Section 820.5, c, (16) shall require a performance guarantee pursuant to Section 830 of this Ordinance. Two copies of the approved Site Plan, with any conditions contained within shall be maintained as part of the Township records for future review and enforcement. One (1) copy shall be returned to the applicant. Each copy shall be signed by the applicant and the Chairman of the Planning Commission and dated with the date of approval for identification of the approved plans. If any variances from the Zoning Ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variances, duly signed, shall also be filed with the Township records as a part of the site plan and delivered to the applicant for information and direction. CRITERIA FOR REVIEW: In the process of reviewing a site plan, the Planning Commission shall consider; a. That there is a proper relationship between the existing streets and highways within the vicinity, and proposed deceleration lanes, service drives, entrance and exit driveways, and parking areas to assure the safety and convenience of pedestrian and vehicular traffic, and that the proposed streets and access plan conform to any street or access plan adopted by the Township or the County Road Commission. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 11 ARTICLE VIII ADMINISTRATION �b. That the buildings structures and entrances thereto proposed to be located upon the premises are so situated and so designed as to minimize adverse effects upon owners and occupants of adjacent properties and the neighborhood. c. That as many natural features of the landscape shall be retained as possible, particularly, where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood or help control erosion or the discharge of storm waters. d. That any adverse effect of the proposed development and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing or walls, or landscaping. e. That all provisions of this Ordinance are complied with unless an appropriate variance therefrom has been granted by the Zoning Board of Appeals. f. That all buildings and structures are accessible to emergency vehicles. g. That a plan for erosion control, storm water discharge, has been approved by the appropriate public agency. h. The relationship to shore and stream preservation principles where appropriate. i. That the plan as approved is consistent with the intent and purpose of zoning to promote public health, safety and general welfare; to encourage the use of lands in accordance with their character and adaptability to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate adequate provisions for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation and other public requirements; and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties; to preserve property values and natural resources; and to give reasonable consideration to character of a particular area, its peculiar suitability for particular uses and the general appropriate trend and character of land, building, and population development. 8. APPROVED SITE PLANS: A Site Plan shall be approved if it contains the information required by, and is in compliance with the Zoning Ordinance, the conditions, imposed pursuant to the Ordinance, other Township planning documents, other applicable ordinances, and state and federal statutes. Two copies of the approved site plan and any supporting documents shall be stamped by the Zoning Administrator as Approved or Approved with Conditions, dated, and signed by the Chairman or Secretary of the Planning Commission and the Applicant. One copy of the stamped and approved site plan shall be kept on file by the Township and the other copy shall be retained by the Applicant. (Revised 4/21/07) 9. CONFORMITY TO APPROVED SITE PLANS: Property which is the subject of site EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 12 ARTICLE VIII ADMINISTRATION �plan approval must be developed in strict compliance with the approved site plan and any amendments thereto which have received the approval of the Planning Commission. If construction and development does not conform with such approved plans, the approval shall be revoked by the Zoning Administrator by written notice of such revocation posted upon the premises involved and mailed to the developer at the last known address. Upon revocation of such approval, all construction activities shall immediately cease upon the site, other than for the purpose of correcting the violation. However, the Planning Commission may, upon proper application of the developer and after a hearing, approve a modification in the site plan to coincide with the developer's construction, provided such construction complies with the criteria contained in the site plan approval provisions and with the spirit, purpose and intent of this Ordinance. 10. TERMS OF APPROVAL OF THE SITE PLAN, DURATION, TERMINATION AND EXTENSION. (Revised 8/10/09) a. An approved site plan shall be valid for a period of two (2) years after the date of approval. Upon written request stating the reasons therefore, the Planning Commission shall extend a site plan for an additional one (1) year period if the evidence shows the following: 1) The conditions necessitating the delay in the construction and completion of the project are reasonably beyond the control of the applicant. 2) The requirements and standards, including those of the zoning ordinance that are reasonably related to the development, have not changed. 3) Development or redevelopment in the proximity to the approved site plan has not resulted in changed conditions impacting the site. 4) There has not been a change in state or federal law, local charter, or other local ordinance prohibiting the construction or further construction of the approved project. b. An application for an extension of a site plan must be filed at least 60 (sixty) days prior to the expiration of the original site plan or the expiration of any extension previously approved by the township, whichever is applicable. The application form for requesting an extension shall be provided by the township and can be obtained from the township zoning administrator or deputy zoning administrator. An application fee for an extension is required and shall be non-refundable. The Township Board shall by resolution, establish the amount of the application fee for the renewal. The renewal is only applicable to the property subject to the originally approved site plan. c. If a site plan expires pursuant to subsection a above, no work pursuant to a site plan may be undertaken until a new site plan is obtained from the Planning Commission following the procedures contained in the zoning ordinance for a new site plan. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 13 ARTICLE VIII ADMINISTRATION �d. Any site plan approved for an extension is subject to reasonable conditions established by the Planning Commission including, if necessary, the implementation of a new or additional performance guarantee requirement pursuant to section 830 of the East Bay Township Zoning Ordinance. Appeals of a decision by the Planning Commission to either extend or not extend an approved site plan and land use permit may be taken to the Zoning Board of Appeals in the same manner with regard to site plan approval decisions as provided in subsection 12 of this section 820. 11. AMENDMENT TO THE SITE PLAN: No changes shall be made to an approved Site Plan prior to or during construction except upon application to the Zoning Administrator according to the following procedures; a. Minor changes to an approved Site Plan involving changes in the location of buildings and structures, adjustment of utilities, walkways, trafficway, landscaping and building size up to ten (10) percent of the approved area, parking areas, and similar minor changes may be approved by the Zoning Administrator. The Zoning Administrator shall report all administratively approved changes of a site plan to the Planning Commission at their next regularly scheduled meeting. (Revised 4/21/07) b. Major changes or amendments to an approved Site Plan involving change in the number and location of accesses to public streets and alleys, a reduction in the number of parking spaces, a major relocation or of a building, and increase in the gross floor area or heights of buildings, a reduction in the open space, and similar major changes, shall require the approval of the Planning Commission, in the same manner as the original application was submitted, reviewed, and approved. 12. APPEALS: With regard to site plan approval decisions, an appeal may be taken to the Zoning Board of Appeals in the manner as other administration decisions. The concurring vote of a majority of the members of said Board shall be necessary to reverse any decision by the Planning Commission, or to decide in favor of the applicant. The appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the Township, County, or State. The Zoning Board of Appeals shall state the grounds of each determination. SECTIONS 821 – 829 SECTION 830 1. RESERVED PERFORMANCE GUARANTEE REQUIREMENTS In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and health, safety and welfare of the residents of East Bay Township, and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Township Planning Commission or Zoning Board of Appeals, may require the applicant to obtain a performance EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 14 ARTICLE VIII ADMINISTRATION �guarantee as set forth herein. The purpose of the performance guarantee is to: (Revised 8/10/09) a. Insure compliance with the Zoning Ordinance by completion of improvements connected with the proposed development as required by this Ordinance, including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls and landscaping; and/or b. Insure compliance with all conditions place on the approved land use; and/or c. Restore the land to its condition prior to the approval of the variance, land use permit, special land use permit or special land use permit authorizing a PUD in the discretion of the Township if the approved land use is not completed. 2. Performance guarantee as used herein shall mean a cash deposit, certified check, or irrevocable bank letter of credit subject to the call of the Township in the Township’s exclusive discretion in the amount of the value of the improvements or construction permitted or called for in the variance, land use permit, special land use permit or special land use permit authorizing a PUD as determined by the township and verified by the East Bay Township Office of Planning and Zoning. (Revised 8/10/09) 3. 4. In the event a performance guarantee is required, the applicant shall also furnish such authorization as is required by the Township to permit the Township to enter upon the subject property to complete the improvements in the event of default by the applicant. By accepting a variance, land use permit, special land use permit or special land use permit authorizing a PUD, the applicant/land owner irrevocably authorizes the Township to enter upon the subject property to complete the improvements authorized by the variance, land use permit, special land permit or special land use permit authorizing a PUD or to restore the land to its condition prior to the approval of the variance or aforementioned permits in the event of a default by the applicant/land owner under this Ordinance. This authorization expires upon the completion of the improvements pursuant to the terms of the variance, land use permit, special land use permit or special land use permit authorizing a PUD. (Revised 8/10/09) 5. In the event the performance guarantee deposited is a cash deposit or certified check, East Bay Township shall rebate to the applicant fifty (50) percent of the deposited funds when sixty (60) percent of the required improvements are completed as confirmed by the Zoning Administrator, and the remaining fifty (50) percent of the deposited funds when one-hundred (100) percent of the required improvements are completed as confirmed by the Zoning Administrator. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee herein required may be applied by said applicant to assure compliance with the Zoning Ordinance standards and the specifications of the approved site plan. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 15 ARTICLE VIII ADMINISTRATION �6. Upon the satisfactory completion of the improvement for which the performance guarantee was required, as determined by the Zoning Administrator, the Township Treasurer shall return to the applicant the performance guarantee deposited and any interest earned thereon. 7. Default, Performance Guarantee. (Revised 8/10/09) a. In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by East Bay Township, the Township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements, at any particular stage of the development or to restore the land to its condition prior to the approved development, through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements or restore the land to its condition prior to the approved development. If the performance guarantee is not sufficient to allow the Township to complete the improvements or restore the land to its condition prior to the approved development for which it was posted, the applicant shall be required to pay the Township the amounts by which the costs of completing the improvements or restoring the land to its condition prior to the approved development exceeds the amount of the performance guarantee deposited. Should the Township use the performance guarantee or a portion thereof, to complete the required improvements or restore the land to its condition prior to the approved development, any amounts remaining after said completion shall be applied first to the Township’s administrative costs in completing the improvements or restoring the land to its condition prior to the approved development and any balance remaining shall be refunded to the applicant. At the time the performance guarantee is provided to the Township and prior to the issuance of a land use permit, special land use permit or special land use permit authorizing a planned unit development or the extension of any of the aforementioned permits, the applicant and the Township shall enter into a written agreement incorporating the terms and conditions of the aforementioned permits under which the performance guarantee will be applied to the development and/or refunded or cancelled, as applicable. Such contract shall be drafted in a manner acceptable to any financial institution providing the performance guarantee, provided such contract does not materially compromise the ability of the Township to utilize the performance guarantee pursuant to this ordinance. The cost of preparing the agreement shall be borne by the applicant/land owner through the escrow account established at the time the application for a variance, land use permit, special land use permit or special land use permit authorizing a PUD is received. b. An applicant shall not be found to be in default except after a hearing before the planning commission or zoning board of appeals, as applicable and only if the planning commission or zoning board of appeals determines that the applicant EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 16 ARTICLE VIII ADMINISTRATION �has failed to do the following: 1) Complete an improvement or improvements pursuant to the requirements of the variance, land use permit, special land use permit or special land use permit authorizing a PUD, as applicable and any required conditions thereto. 2) Conduct meaningful progress for more than one year toward the completion of one or more of the improvements authorized by the variance, land use permit, special land use permit or special land use permit authorizing a PUD. For purposes of this subsection “meaningful progress” means the completion of a major phase of the development, including, by way of example, but not limited to, the completion of the installation of water, sewer, electrical systems, roads inclusive of pavement, curbs, and drainage, soil erosion control measures, and drainage systems inclusive of applicable retention and detention ponds and/or systems. SECTION 831 HEARING NOTICE PROCEDURES (Revised 8/10/09 and 4/9/18) 1. Where this ordinance requires the Township to provide notice and hearing for any decision or action permitted, authorized or required hereunder, the Township shall publish notice of the hearing in a newspaper of general circulation in the Township. 2. The notice shall be given not less than fifteen (15) days, nor more than thirty (30) days before the date the matter will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. If a single structure contains more than 4 dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice shall do all of the following: (Revised 4/9/18) a. Describe the nature of the request. b. Indicate the property that is the subject of the request. If the request involves ten (10) or fewer properties, the notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification shall be used. c. State when and where the request will be considered. d. Indicate when and where written comments will be received concerning the request.” 3. If the request involves ten (10) or fewer adjacent properties, or if the request is for a Zoning Board of Appeals interpretation of the Zoning Ordinance or appeal from an administrative decision regarding a specific parcel, the notice shall also be sent by mail or personal delivery to: EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 17 ARTICLE VIII ADMINISTRATION �a. The owners of property for which approval is being considered, b. All persons to whom real property is assessed within 300 feet of the property and, c. The occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. 4. If any application fee or escrow deposit account required to be paid by the applicant and pertaining to the subject matter of the public hearing, is in arrears at the time of the hearing, the Chairman of the Planning Commission shall so notify those in attendance and the hearing shall be tabled without public comment or action on the request until the next regularly scheduled meeting of the Planning Commission when the Planning Commission has been advised by the Zoning Administrator or Township Treasurer that any arrearage has been corrected. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE VIII - 18 ARTICLE VIII ADMINISTRATION �ARTICLE IX NUISANCE PER SE: ENFORCEMENT- PENALTIES FOR VIOLATION SECTION 900 NUISANCE PER SE Uses of land, dwellings, buildings or structures, including tents and mobile homes, used, erected, altered, razed, or converted in violation of any provision of this Ordinance or regulations adopted under the authority of this Ordinance, are hereby declared to be a nuisance per se. The attorney for the Township shall, on complaint of the Zoning Administrator or the Planning Commission determine and carry out the legal steps necessary to secure Prosecution or adherence to this Ordinance. SECTION 901 PENALTIES (Revised 8/9/07 and 10/8/18) Any person, firm, association, corporation or other entity which shall violate any provision of this Ordinance in any particular, or who fails to comply with any of the regulatory measures or conditions imposed by the Board of Appeals or the Planning Commission pursuant to this Ordinance or otherwise pursuant to Michigan law shall, unless such violation has abated, ceased to exist or otherwise been remedied within fifteen (15) days after being provided with written notice of such violation from the Zoning Administrator or other administrative official charged with enforcement of this Ordinance, be deemed to be responsible for a municipal civil infraction as defined by Michigan statute which shall be punishable by a civil fine for each violation in accordance with the schedule set forth herein, along with costs which may include all expenses, direct and indirect, to which the township has been put in connection with the municipal infraction. Costs of not less than $9.00 or more than $500 shall be ordered. A violator of this Ordinance shall also be subject to such additional sanctions and judicial orders as are authorized under Michigan law. Each day that a violation continues to exist shall constitute a separate violation of this Ordinance. Provisions of this Ordinance may also be enforced by suit for injunctive relief. SECTION 902 CIVIL FINES FOR MUNICIPAL INFRACTIONS (Revised 8/9/07) Unless otherwise provided elsewhere within this Ordinance for specific violations, Civil Fines for municipal civil infractions shall be assessed in accordance with the following schedule: Fine 1st violation within 3-year period 2nd violation within 3-year period 3rd violation within 3-year period 4th or subsequent violation within 3-year period EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE IX- 1 $100.00 $250.00 $500.00 $1,000.00 ARTICLE IX NUISANCE PER SE: ENFORCEMENT �ARTICLE X ZONING BOARD OF APPEALS SECTION 1000 ESTABLISHMENT There is hereby established a Zoning Board of Appeals in accordance with Act 110 of the Public Acts of Michigan of 2006, as amended. The Zoning Board of Appeals shall perform its duties and exercise its powers as provided by Sections 601 through 701, of the said Act, as amended, and in such a way that the objectives of this Ordinance may be equitably achieved; that there shall be provided a means for competent interpretation and controlled flexibility in the application of this Ordinance; that the health, safety, and welfare of the public be secured; and that substantial justice be secured. (Revised 4/6/07) SECTION 1001 MEMBERSHIP, TERMS OF OFFICE The Zoning Board of Appeals shall consist of five members appointed by the Township Board. The first member of such board shall be a member of the Planning Commission. The remaining members of the Board shall be selected from the electors of the Township residing outside of incorporated cities and villages. The members selected shall be representative of the population distribution and of the various interests present in the Township. One member may be a member of the Township Board. An elected officer of the Township shall not serve as chairman of the Zoning Board of Appeals. An employee or contractor of the Township Board may not serve as a member or an employee of the Township Zoning Board of Appeals. The total amount allowed the Zoning Board of Appeals in any one year as per diem or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum, which sum shall be appropriated annually in advance by the Township Board. Members of the Zoning Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office. The term of each member shall be for three years, except that of the members first appointment, two shall serve for two years and the remaining members for three years. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. SECTION 1002 MEETINGS AND POWERS Meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board in its rules of procedure may specify. The Chairman or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board of Appeals shall be open to the public. The EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE X- 1 ARTICLE X BOARD OF APPEALS �Board shall maintain a record of its proceedings which shall be filed in the office of the Township Clerk and shall be a public record. The Board shall not conduct business unless a majority of the members of the Board are present. SECTION 1003 DUTIES, RULES, HEARING AND DECISIONS OF APPEALS, RIGHT TO AND GROUNDS OF APPEAL (Revised 10/8/18) The Zoning Board of Appeals shall act upon all questions as they may arise in the administration of this Ordinance, including the interpretation of the zoning maps, and may fix rules and regulations to govern its procedures, sitting as such a Zoning Board of Appeals. It shall also hear and decide appeals from and review any order, requirements, decision or determination made by the Zoning Administrator or administrative official charged with enforcement of this Ordinance. It shall also hear and decide all matters referred to it or upon which it is required to pass under this Ordinance. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of Zoning Administrator or other administrative official, or to decide in favor of an applicant any matter upon which they are required to pass under this Ordinance. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Township, County, or State. The grounds of every determination shall be stated. SECTION 1004 TIME TO AND NOTICE OF APPEAL: TRANSMISSION OF RECORD Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by the filing with the Township Clerk, the Zoning Administrator or other officer from whom the appeal is taken and with the Zoning Board of Appeals of a notice of appeal specifying the grounds thereof together with a fee established by the Township Board which shall be paid to the Township Clerk at the time the notice of appeal is filed. The officer from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed was taken. SECTION 1005 STAY OF PROCEEDINGS PENDING APPEAL An appeal shall stay all proceedings in furtherance of the action appealed, except as provided herein. Proceedings shall not be stayed in the event the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal is filed, that a stay would cause imminent peril to life or property. The Zoning Board of Appeals or the Circuit Court may issue a restraining order to re-institute a stay on application and notice to the officer from whom the appeal is taken with due cause shown. SECTION 1006 HEARINGS AND NOTICES; RIGHT TO BE HEARD; DISPOSITION OF APPEALS; DECISION NOT FINAL The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof as required by Section 831, Hearing Notice Procedures, of this EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE X- 2 ARTICLE X BOARD OF APPEALS �ordinance to the parties and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such Ordinance, the Zoning Board of Appeals shall have the Power, in passing upon appeals, to vary or modify any of its rules, regulations or provisions so that the spirit of the Ordinance shall be observed, public safety secured and substantial justice done. The decision of the Zoning Board of Appeals shall not be final, and any person having an interest affected by this Ordinance shall have the right to appeal to the Circuit Court. (Revised 4/6/07) SECTION 1007 DUTIES AND POWERS The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of intent of this Ordinance, but does have power to act on those matters where by statute or this Ordinance provision is made for an administrative review, interpretation, variance, exception, or special use permit is defined therein. 1. REVIEW: The Board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or by any other official in administering or enforcing any provision of this Ordinance. Such review authority shall be limited to decisions made by the Zoning Administrator, or designated official (such as the Township Supervisor) but shall not extend to decisions by the Planning Commission, the Zoning Board of Appeals, or the Township Board. 2. INTERPRETATION: The Zoning Board of Appeals shall have the power to: a. Interpret, upon request, the provisions of this Ordinance in such a way as to carry out the intent and purpose of the Ordinance. b. Determine the precise location of the boundary lines between zoning districts. c. Classify a use which is not specifically mentioned as part of the use regulations of any zoning district, except as provided herein, so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district. In the Local Business (LB), Regional Business (RB) and Professional Office (PO) districts, a classification of a use not specifically mentioned as part of this Zoning Ordinance shall be made by the Planning Commission. 3. VARIANCES: The Board shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height regulations, yard and depth regulations, and off-street parking and loading space requirements provided it finds that all of the Basic Conditions and any one of the Specific Conditions set forth herein can be satisfied. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE X- 3 ARTICLE X BOARD OF APPEALS �a. Basic Conditions: The Board shall find that a variance request meets all of the following conditions. 1) The requested variance shall not be contrary to the public interest or to the intent and purpose of this Ordinance. 2) The requested variance shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a special land use permit is required. 3) The requested variance shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the district in which the property of the applicant is located. 4) The conditions or situations which necessitate the requested variance is not so general or of such recurrent nature as to make the formulation of a general regulation for such conditions reasonably practical. 5) The requested variance shall relate only to property that is under control of the applicant. 6) The requested variance shall not be necessitated by any self-created condition or action taken by the applicant or property owner. 7) There is no reasonable alternative location on the parcel for the proposed improvements for which a variance is sought where such alternative location would eliminate the need for the requested variance or reduce the extent of the condition(s) necessitating the variance. b. Special Conditions: When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated: 1) Where there are practical difficulties which prevent full compliance with the requirements of this Ordinance. Such practical difficulties shall be evaluated in terms of the use of a particular parcel of land. Neither the fact that the appellant could: (a) incur additional costs to achieve full compliance, or (b) receive additional income with less than full compliance shall be determined a practical difficulty for the purposes of this paragraph. 2) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property that do not generally apply to other property or uses in the same zoning district. 3) Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district. c. Rules: The following rules shall be applied in the granting of variances: 1) The Board may specify, in writing, such conditions regarding the character, EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE X- 4 ARTICLE X BOARD OF APPEALS �location, and other features that will in its judgment, secure the objectives and purposes of this Ordinance. The breach of any such condition shall automatically invalidate the permit granted. 2) Each variance granted under the provisions of this Ordinance shall become null and void unless: The construction authorized by such variance has received a Township Land Use Permit within one year after the granting of the variance; and the occupancy of land, premises, or buildings authorized by the variance has taken place within two (2) years after the granting of the variance, unless an extension of time has been granted by the Zoning Board of Appeals. 3) No application for a variance which has been denied wholly or in part by the Board shall be re-submitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence of changed conditions found, upon inspection by the Board, to be valid. For such newly discovered evidence to be considered, an applicant shall submit a detailed description of such evidence to the Zoning Administrator who shall place it on the agenda of the Zoning Board of Appeals along with a report and recommendation on the nature of such newly discovered evidence and whether it may have been pertinent to the decision of the Zoning Board of Appeals. If the Zoning Board of Appeals determines that the newly discovered evidence would have been pertinent to its decision, it shall direct the Zoning Administrator to accept a new application for the previously denied variance. An application considered under the terms of this subparagraph shall be considered a new application and shall be subject to all hearing, notice and fee requirements of this ordinance. 4. TEMPORARY AND CONDITIONAL PERMITS. The Board may issue either temporary or conditional Permits as special exceptions for the following land and structure uses. a. Temporary Permits: For temporary uses and temporary structures, partial structures including garage and basement dwellings, subject to the following procedures and limitations. 1) An application for a permit for the erection or movement of a temporary structure for dwelling purposes shall be made to the Board on a special form used exclusively for that purpose. 2) A temporary permit shall not be granted unless the Board finds adequate evidence that the proposed location of the use will not be detrimental to property in the immediate vicinity; and that the proposed water supply and sanitary facilities have been approved by the Grand Traverse County Health Department and any other regulatory agencies with jurisdiction in the matter. 3) The Board may impose any reasonable conditions in addition to the district EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE X- 5 ARTICLE X BOARD OF APPEALS �requirements in which the use is proposed, including setbacks, land coverage, off-street parking, landscaping, and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of any such condition shall automatically invalidate the permit. 4) The permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed 12 months. b. Conditional Permits: When conditions exist that are unique to a particular situation, a conditional permit may be issued with specific limitations imposed by the Board. The land or structure use may be permitted to be established and to continue in use as long as the conditions unique to the use exist. The permit may be canceled when the conditions upon which the permit was issued cease to exist. The permit issued shall contain all the specified conditions under which continued use may be allowed. SECTION 1008 ESSENTIAL SERVICES The Zoning Board of Appeals shall have the power to permit the erection and use of a building, or an addition to an existing building, or a public service corporation or for public utility purposes, in any permitted district to a greater height or of larger area than permitted in the district for a public utility building, structure or use if the Board shall find such use, height, area, building, or structure reasonably necessary for the public convenience and service. SECTION 1009 PERFORMANCE GUARANTEE FOR COMPLIANCE In authorizing any variance, or in granting any conditional, temporary or special approval permits, the Township Zoning Board of Appeals may require that a performance guarantee be furnished to insure compliance with the requirements, specifications and conditions imposed with the grant of variance or permit and to insure the discontinuance of a temporary use by a stipulated time. Such performance guarantee may be in the form of a cash deposit, certified check, or irrevocable bank letter of credit, at the discretion of the Zoning Board of Appeals. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE X- 6 ARTICLE X BOARD OF APPEALS �ARTICLE XI AMENDMENTS SECTION 1100 PROCEDURE ON AMENDMENTS Any person affected by this Ordinance may submit a petition in writing to the secretary of the Planning Commission requesting that consideration be given to amendments to this Ordinance in the particulars set forth in the petition. The Planning Commission shall hold a meeting to consider said petition and shall notify the petitioner and other affected parties as required by Section 831, Hearing Notice Procedures, of this ordinance. (Revised 4/6/07) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XI - 1 ARTICLE XI AMENDMENTS �ARTICLE XII (RESERVED) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XII - 1 ARTICLE XII RESERVED �ARTICLE XIII VALIDITY SECTION 1300 - VALIDITY If any clause, sentence, sub-sentence, paragraph, section or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, sub sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered. EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIII - 1 ARTICLE XIII VALIDITY �ARTICLE XIV DEFINITIONS SECTION 1400 RULES APPLYING TO THE TEXT For the purpose of this Ordinance, certain rules of construction apply to the text as follows: 1. Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary. 2. The word "person" includes a corporation or firm as well as an individual. 3. The word "building" includes the word "structure." 4. The word "lot" includes the words "plot," "tract" or "parcel." 5. The term "shall" is always mandatory and not discretionary; the word "may" is permissive. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied." 7. Any word or term not interpreted or defined by this Article shall be used with a meaning of common or standard utilization SECTION 1401 DEFINITIONS For the purpose of this Ordinance, certain terms or words used herein shall be interpreted or defined as follows: SECTION 1402 A ACCESS: A way or means of approach to provide year-round automobile and pedestrian ingress and egress to a property or lake. (rev. 2/27/05) ACCESSORY BUILDING AND USE: A subordinate building located on the same lot as the main building, the use of which is naturally and normally incidental to the main use of the premises. A detached private garage shall be considered an accessory building. ACCESSORY BUILDING, MINOR: An Accessory Building as defined herein with a gross floor area of one hundred (100) square feet or less, as determined by factory or kit specifications or literature, or as measured pursuant to this ordinance, if such specifications are not available; and a height not to exceed twelve (12) feet. An Accessory Building that exceeds either one hundred (100) square feet in area or twelve (12) feet in height shall not be considered a Minor Accessory Building. (Rev. 2/8/10). ACCESSORY DWELLING UNITS: Means a subordinate habitable dwelling unit that provides complete independent living facilities for one person or a family and which is situated on the same parcel as the principal single-family dwelling. Accessory dwelling EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 1 ARTICLE XIV DEFINITIONS �units may also be referred to as an accessory apartment, accessory cottage, carriage house, granny flat, or a mother-in-law apartment. (Revised 2/12/18) ACCESSORY USES: Whenever an activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal use and the former use; (1) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (2) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. ADULT ARCADE: means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images for any form of consideration to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of Specified Sexual Activities or Specified Anatomical Areas (as those terms are defined elsewhere herein). ADULT BOOKSTORE or ADULT VIDEO STORE: means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe Specified Sexual Activities or Specified Anatomical Areas; or, 2. Instruments, devices, or paraphernalia which are designed for use in connection with Specified Sexual Activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing Specified Sexual Activities or Specified Anatomical Areas and may still be categorized as Adult Bookstore or Adult Video Store. The sale of such material shall be deemed to constitute a principal business purpose of an establishment if it comprises 35% or more of sales volume or occupies 35% or more of the floor area or visible inventory within the establishment. ADULT BUSINESS: means and includes any of the following (all as defined elsewhere in this Section of the Ordinance): Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabarets, Adult Motels, Adult Motion Picture Theaters, Adult Panoramas, Adult Theaters, Escort Agency, Nude Model Studios; and Sexual Encounter Centers. ADULT CABARET: means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: 1. Persons who appear in a state of semi-nudity or nudity; 2. Live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities; EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 2 ARTICLE XIV DEFINITIONS �3. films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or 4. persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. ADULT FOSTER CARE HOMES: Pursuant to Act 218 of the Public Acts of 1979 as amended: means a governmental or non-governmental establishment having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults who are aged, emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. Adult Foster Care Homes shall not include nursing homes.* ADULT MOTEL: means a hotel, motel or similar commercial establishment which: 1. Circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions, 2. Offers a sleeping room for rent for a pre-designated period of time that is less than twelve (12) hours; or 3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twelve (12) hours. ADULT MOTION PICTURE THEATER: means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. ADULT PANORAMA: An establishment having a substantial or significant portion of its business devoted to an entertainment use where patrons view in individual viewing booths, films, tapes or live entertainment showing specified sexual activities or specified anatomical areas. ADULT THEATER: means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities. * Adult Foster Care Homes are regulated by the Department of Social Services under three licenses; 6 or less capacity, 7 to 12 capacity, and 13 to 20 capacity. 6 or less capacity is considered a single family dwelling and are allowed to exist in any residential district. 7 or more capacity establishments are considered a commercial use. EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 3 ARTICLE XIV DEFINITIONS �AGRICULTURAL SERVICE ESTABLISHMENT: Engaging in performing agricultural, animal husbandry or horticultural services on a fee or contractual basis, including but not limited to centralized bulk collection, refinement, storage and distribution of farm products to wholesale and retail markets (such as grain cleaning and shelling; sorting, grading and packing of fruits and vegetables for the grower; and agricultural produce milling and processing); the storage and sale of seed, feed, fertilizer and other products essential to agricultural production; hay baling and threshing; crop dusting; fruit picking; harvesting and tilling; farm equipment sales, service and repair; and facilities used in the research and testing of farm products and techniques. AIRPORT, PUBLIC AND PRIVATE: 1. A Public Airport is a facility designed for the take-off, landing, and storage of small aircraft which is which is required to be licensed by the Michigan Aeronautics Commission, along with related accessory uses, such as, charter service, flying lessons, sale of fuel, mechanics, terminal buildings, and hanger facilities, which are available to the public. 2. A Private Airport is an airport which is not available to the public, and not shown on aeronautical charts, not licensed by the Michigan Aeronautic Commission, and which does not offer charter flight service, the sale of gasoline or oil, student instruction, flying lessons, aviation maintenance services or other commercial services to the public. ALLEY: A public or private right-of-way less than 22 feet wide that is primarily designed to serve as secondary access to the rear or side of those properties whose principal frontage is on some other street. (Revised 4/24/11) ALTERNATIVE TOWER STRUCTURE - means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. ANNOTATED APPLICATION: ANTENNA - means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. ANTIQUE STORE: See Neighborhood Local Business. (Revised 4/24/20) APPLIANCE, REPAIR AND SALES: See Neighborhood Local Business. (Revised 4/24/11) ARCHITECTURE, DESIGN & ENGINEERING: The office of a member of a recognized profession maintained for the conduct of business in architectural, engineering, planning, law, interior design, accounting, insurance, real estate, medical, dental, optical, or any similar type of profession. (Revised 4/24/11) AUTOMOBILE REPAIR FACILITIES: See Vehicle Repair Facilities EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 4 ARTICLE XIV DEFINITIONS �SECTION 1403 B (Revised 6/12/17) BACKHAUL NETWORK - means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. BAKERY OR CONFECTIONERY SHOP: An establishment primarily engaged in the retail sale of baked products and related merchandise, generally for consumption or use off site. (Revised 4/24/11) BANK: Any building wherein the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, credit unions, loan companies, and investment companies. (Revised 4/24/11) BED AND BREAKFAST - Bed and Breakfast establishments are a private residence that offers sleeping accommodations to tourists and is the innkeeper's personal residence. BILLBOARD: An outdoor sign advertising services or products, activities, persons, or events which are not made, produced, assembled, stored, distributed, leased, sold, or conducted upon the premises upon which the billboard is located. BLUFFLINE: For the purposes of this Ordinance the bluffline shall be 581 foot U.S. Geological Survey (USGS) Datum Elevation on Grand Traverse Bay. BOAT: Means every description of water craft used or capable of being used as a means of transportation on water. (reference; vessel definition from the Marine Safety Act P.A. 303 of 1967, as amended, Compiled Laws Annotated, 281.1008). BOAT ACCESS: Shall mean and include boat launching, mooring and docking, and over night anchoring within 50 feet of the shore from or incidental to a single private riparian property, public or private road end abutting an inland lake, and/or a public or private multi-boat access site. BOAT ACCESS SITE FOR MULTIPLE BOATS: Shall mean a facility which extends into or over a lake, or provides dry-docking space, for mooring or docking of boats for use during the boating season. A facility for the mooring or docking of a boat or boats owned and operated exclusively by a single family residing in one family unit shall not be included within the definition and meaning of multi-boat access site where the docking or mooring facility is property which is owned exclusively by such family and which is a contiguous part of the property on which the dwelling is situated. BOAT, MOTOR SALES AND REPAIR. Establishments offering for sale to the public new and used boats, motors, recreational vehicles, campers, “fifth wheels,” and related equipment and providing service and repair of such equipment and vehicles. BOOK STORE: See Neighborhood Local Business. (Revised 4/24/11) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 5 ARTICLE XIV DEFINITIONS �BED AND BREAKFAST: A Bed and Breakfast means a single-family residential structure BROWN BRIDGE DAM: The site of the former Brown Bridge Dam on the Boardman River, being a point on the River 1,710 feet upstream from the Brown Bridge Road right-of-way, as illustrated below: (Revised 2/22/14) EastBaylownship, T26N R10W, Sect,on - 1s 6 N which includes sleeping quarter occupied by the innkeeper and has 10 or fewer guest rooms, one or more guest rooms which are available for rent to transient tenants, and may serve meals at no extra cost to its transient tenants. The innkeeper or his or her spouse must be the property owner(s) and innkeeper must be living onsite when rooms are to be let to transient tenants. (Revised 2/10/20) BUILDING: A structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals, or chattels. (Revised 4/24/11) BUILDING FOOTPRINT The area enclosed by the exterior perimeter of a building where it meets the earth together with the area located beneath any building projections. (Revised 12/28/15) BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs. BUNGALO COURT/COTTAGE CLUSTER: A group of detached or semi-detached, one or twofamily dwelling situated around a shared central courtyard or garden and which are used for non-transient housing (Revised 6/12/17) SECTION 1404 C (Revised 11/20/21) CAMPS AND CAMPGROUNDS: An area or establishment intended to contain temporary or permanent buildings, tents, recreational vehicles such as motor homes or camper trailers, or other structures established or maintained as temporary living quarters, usually operated during the summer for recreation, religious, education, or vacation purposes. (Revised 10/13/08) CAR WASH. A building and equipment used for the commercial washing, waxing, detailed cleaning of the interior and exterior of automobiles and trucks for the general public. Such EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 6 ARTICLE XIV DEFINITIONS �facilities shall include self-wash, automated and hand wash facilities, as well as any combination thereof. CEMETERIES. Privately owned property which guarantees perpetual care of grounds used solely for the interment of deceased human beings or customary household pets. CENTRAL SEWER SYSTEM: A sewer system designed to East Bay Township’s specifications and approved by the appropriate health department that provides service, or which will provide service to all structures within a specific development. CENTRAL WATER SYSTEM: A water system designed to East Bay Township’s specifications and approved by the appropriate health department that provides service, or which will provide service to all structures within a specific development. CIVIC CLUB: Buildings and facilities owned or operated by a corporation, association person, or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit. (Revised 4/24/11) CLINIC: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician or a group of physicians practicing medicine, osteopathy, dentistry, or chiropractic. COMMERCIAL AGRICULTURE: See Farm. (Revised 4/24/11) COMMERCIAL ESTABLISHMENT WITH DRIVE THROUGH: A commercial business or establishment, other than a Car Wash as defined herein, which offers any goods or services dispensed through a window, doorway or opening of any kind to patrons that remain in their personal vehicles while the transaction is taking place. COMMERCIAL RECREATION, SKIING AND GOLF: A commercial recreation business that provides downhill skiing and a variety of other seasonal activities on its property including tubing golf, ice skating, mountain biking, disc golf, and similar outdoor sports activities. (Revised 2/10/20) COMPREHENSIVE PLAN: The Comprehensive Plan of East Bay Township as amended from time to time, prepared in accord with Act 168 of the Public Acts of 1959, as amended. CONDOMINIUM PROJECT: A plan or project consisting of not less than two (2) condominium units if established and approved in conformance with the Condominium Act (Act 59, 1978). CONDOMINIUM SUBDIVISION: A division of land on the basis of condominium ownership, which is not subject to the provisions of the Subdivision Control Act of 1967 (P.A. 288 of 1967, as amended) but is subject to the requirements of the Condominium Act, Act 59 of 1978, as amended. CONDOMINIUM SUBDIVISION PLAN: The drawings attached to the master deed for a condominium subdivision which describe the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision, as well as the nature, location and size of common elements. CONDOMINIUM UNIT: That portion of a condominium project or site condominium subdivision which is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 7 ARTICLE XIV DEFINITIONS �recreational, use as a time-share unit, or any other type of use. The owner of a "condominium unit" also owns a share of the common elements. The term "condominium unit" shall be equivalent to the term "lot". for purposes of determining compliance of a condominium subdivision with provisions of this Ordinance pertaining to minimum lot size, minimum lot width, maximum lot coverage and maximum floor area ratio. CONSTRUCTION EQUIPMENT SALES AND SERVICE. Buildings and outdoor storage areas associated with the operation of a business storing and marketing materials and equipment to the general public and to construction companies, including the outdoor storage of equipment, vehicles, trailers, materials and machinery. CONVENIENCE STORE, EXCLUDING FUEL SERVICE: Business. (Revised 4/24/11) See Neighborhood Local CONVENIENCE STORE, INCLUDING FUEL SERVICE: A small retail establishment usually located within or associated with another use that offers for sale automobile fuel and lubricants as well as convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods. (Revised 4/24/11) CREMATORIUM: A building housing cremation chamber(s) where mechanical, thermal, or other dissolution processes are used to reduce human remains to bone fragments, which are then processed and pulverized into pieces that are usually no more than one-eighth inch. In some instances, a crematorium may also include administrative offices, mortuary preparation rooms, or cemetery maintenance facilities. (Revised 5/13/19) SECTION 1405 D (Revised 1/9/17) DAY CARE CENTER or CHILD CARE CENTER: A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. Child care center or day care center does not include any of the following: 1. A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are in attendance for not more than 3 hours per day for an indefinite period, or not more than 8 hours per day for a period not to exceed 4 weeks during a 12-month period. 2. A facility operated by a religious organization where children are cared for not more than 3 hours while persons responsible for the children are attending religious services DAY CARE, FAMILY FACILITIES ACCOMMODATING UP TO SIX (6) CHILDREN. A private home in which one (1) but not more than six (6) minor children are received for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 8 ARTICLE XIV DEFINITIONS �marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year. DAY CARE, GROUP FACILITIES ACCOMMODATING SEVEN (7) TO TWELVE (12) CHILDREN. A private home in which more than seven (7) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (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 that gives care to an unrelated minor child for more than four (4) weeks during a calendar year. DENSITY, MAXIMUM DWELLING UNIT: The maximum number of dwelling units per acre that is allowed based on the total lot area. DIAMETER BREAST HEIGHT (D.B.H.): A tree's diameter in inches measured by diameter tape at four and one-half (4 ½) feet above the ground. On multi-stem trees, the largest diameter stem shall be measured. DISTRICT: A section or sections of the Township of East Bay for which the zoning regulations governing the use of buildings and premises, the size of yards, and the intensity of use are uniform. DRIP LINE: An imaginary vertical line extending downward from the outermost tips of the tree branches to the ground. DRUG STORE: An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies. (Revised 4/24/11) DUMPSTER: A container used for the temporary storage of rubbish or materials to be recycled pending collection, having capacity of at least one cubic yard. (Revised 1/8/08) DWELLING: Any structure or portion thereof which is designed for the use exclusively for residential purposes containing one or more dwelling units. DWELLING, MULTIPLE: A dwelling or group of dwellings on one lot used or designed to contain separate living units for three (3) or more families, including triplex units, apartment houses, cooperatives, garden apartments, and condominiums. DWELLING, SINGLE FAMILY: A detached building containing one dwelling unit and designed for, or occupied by, only one family. DWELLING UNIT: A group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, sanitation, cooking, and eating purposes. SECTION 1406 E EDUCATION FACILTIES. Any buildings, facilities, grounds or portions thereof, routinely used for education or instruction in any branch of knowledge. ESCORT: means a person who, for consideration, agrees or offers to act as a companion, EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 9 ARTICLE XIV DEFINITIONS �guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ESCORT AGENCY: means a person or business association who furnishes, offers to furnish, or advertises to furnish Escorts as one of its primary business purposes for a fee, tip, or other consideration. ESSENTIAL SERVICE FACILITY: Buildings, grounds and equipment associated with the provision to the public of natural gas, electricity, potable water, wastewater conveyance and treatment, stormwater conveyance and treatment, telephone, cable television, broadband digital communication and related services. ESSENTIAL SERVICE FACILITY, MAJOR: Any essential service facility as defined herein that is not a routine essential service facility. ESSENTIAL SERVICE FACILITY, ROUTINE: An essential service facility as defined herein which is not typically regarded as imposing on, or detrimental to, neighboring property; including, but not limited to: 1. Underground utility facilities such as water mains, sewer mains and lift stations, electrical, gas, telephone, and cable television and broadband distribution lines and associated structures, transformers, switches and utility boxes that are designed to serve primarily East Bay Township and any adjacent community, subject to any franchise agreement with the Township. 2. Above ground utility facilities and equipment buildings or cabinets that occupy no more than 200 square feet and are no more than twelve (12) feet in height. 3. Overhead pole-mounted electrical, telephone, cable television and broadband distribution lines and transformers, switches, utility boxes and other equipment associated with the services provided and designed to primarily serve East Bay Township and any adjacent community, subject to any franchise agreement with the Township, and providing the height above grade of such facilities does not exceed fifty (50) feet. SECTION 1407 F FAA - means the Federal Aviation Administration. FCC - means the Federal Communications Commission FABRICATION AND ASSEMBLY: Buildings, structures and premises used for combining parts into finished products and/or sub-assembly components for subsequent finishing onor off-site and for the packaging, shipping and receiving of such products. (Revised 4/24/11) FAMILY: One or more persons occupying a premise and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from persons occupying a boarding house, lodging or hotel. FARM: The land, plants, animals, buildings, structures, including ponds used for EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 10 ARTICLE XIV DEFINITIONS �agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. (Revised 4/24/11) FARM ANIMALS: Livestock, including beef and dairy cattle, goats, hogs, horses, poultry, sheep, and other fur-bearing animals. FARM BUILDING: Any building or accessory structure other than a farm or a non-farm dwelling unit which is used for farm operations such as, but not limited to, a barn, grain bin, silo, farm implement storage building, and or milkhouse. FARM OPERATION: A condition or activity which occurs on a farm in connection with the commercial production of farm products, and includes, but is not limited to: marketed produce at roadside stands; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. FARM PRODUCTS: Those plants and animals useful to man and including, but not limited to: forages and sod crops, grains, and feed crops, dairy and dairy products, poultry and poultry products; livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products; or any other product which incorporates the use of food, feed, fiber or fur. FILTERED VIEW OF THE WATER: The maintenance or establishment of woody vegetation of sufficient density to screen development from a river, lake or stream, to provide for bank stabilization and erosion control, to serve as an aid in filtration of surface runoff, and to provide cover to shade the water. Vegetation need not be so dense as to completely block the view of the water, but shall not include clear cutting. filtered view - FITNESS CENTER: A fitness center shall include any establishment open to the public that offers aerobics, free weights, weight-lifting equipment, tanning, stationary bicycling, massage therapy, sports facilities, pools, personal trainers, an indoor running track, saunas, health food, yoga, spinning, martial arts, and other similar facilities and activities related to personal or team athletics, exercise, fitness, health and relaxation. FOOT CANDLE: A measurement of light at an illuminated object equivalent to the amount of light a candle generates at one foot. (Revised 4/24/11) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 11 ARTICLE XIV DEFINITIONS �FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space were the floor-to-ceiling height is less than six (6) feet. FLORAL SHOP: See Neighborhood Local Business. (Revised 4/24/11) SECTION 1408 G GASOLINE STATION: Any building, structure or land used for the dispensing, servicing, sale or offering for sale at retail, of any automobile fuels, oils, or accessories. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the use shall be classified as an Automobile Repair Facility. GARAGE, PRIVATE: An accessory building or an accessory portion of a principal building designed or used primarily for the storage of noncommercial motor vehicles and residential tools and equipment owned and used by the occupants of the building to which it is accessory. GIFT AND SOUVENIR SHOP: See Neighborhood Local Business. (Revised 4/24/11) GOLF COURSES AND RELATED ACCESSORY USES: A tract of land laid out for at least nine holes for playing the game of golf, improved with tees, greens, fairways, and hazards such as water and sand traps, and which may include such accessory uses as a pro shop, clubhouse, driving range, practice greens and service buildings. (Revised 4/24/11) GRADE: The median level of the finished surface of the ground adjacent to the exterior walls of the building, determined by subtracting the lowest elevation point from the highest, dividing the result by 2 and adding the resulting quotient to the lowest point. GRAVEL PITS AND OTHER MINERAL EXTRACTION. A parcel of land utilized for the removal or extraction of natural mineral deposits, soil, and organic soils by open pit mining methods. GREENHOUSE: A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers, trees, shrubbery or other vegetation and kept for personal enjoyment or sold at wholesale. (Revised 1/8/08) GROCERY STORE, WITHOUT GAS PUMP: See Neighborhood Local Business. (Revised 4/24/11) SECTION 1409 H HARDWARE STORE: A facility primarily engaged in the retail sale of various basic hardware lines, such as tools, builders’ hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery. (Revised 4/24/11) HAZARDOUS SUBSTANCES AND POLLUTING MATERIALS: Shall mean hazardous chemicals as defined by the Michigan Department of Public Health and the Michigan EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 12 ARTICLE XIV DEFINITIONS �Department of Labor; flammable and combustible liquids as defined by the Michigan State Police Fire Marshal Division; critical materials, polluting materials, and hazardous waste as defined by the Michigan Department of Natural Resources; hazardous substances as defined by the U.S. Environmental Protection Agency; and hazardous materials as defined by the U.S. Department of Transportation. HEIGHT: means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. HOME OCCUPATION: An incidental and secondary use of a dwelling and/or an accessory building on a residential lot for business purposes. A Bed and Breakfast Establishment is not a home occupation. (Revised 4/24/11) HOTEL or MOTEL: A building, or group of buildings in which lodging or boarding are provided. As such, it is open to the public as distinguished from a boarding house, lodging house or an apartment. SECTION 1410 I IMPROVEMENTS: Those features and actions associated with a project which are considered necessary by the body or official granting zoning approval, to protect natural resources, or the health, safety, and welfare of the residents of a township and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements does not include the entire project which is the subject of zoning approval. SECTION 1411 J JEWELRY STORE: See Neighborhood Local Business. (Revised 4/24/11) SECTION 1412 K KEEPING OF HORSES. The care, boarding, riding and related uses of horses and ponies owned by, and for the exclusive recreational use of, the residents of the parcel without any commercial activities such as breeding, training, show activities, veterinary care, boarding for a fee of the horses of other, or related activities. KENNELS & ANIMAL CLINIC: Buildings and premises in which three or more dogs, cats or other domesticated animals more than six months in age are boarded or trained or provided veterinary treatment for remuneration. (Revised 4/24/11) KEYHOLE: "Keyhole" development (also known as "funnel" development) is the use of a waterfront lot as common open space for waterfront access for a larger development located away from the waterfront. SECTION 1413 L LABORATORIES: A facility for scientific research and analysis of natural resources, medical resources, and/or manufactured materials. This may include analysis of air, water, and soil; medical or veterinary blood, tissue, or other human or animal products or forensic EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 13 ARTICLE XIV DEFINITIONS �analysis of evidence in support of legal action. (Revised 4/24/11) LAKE OR INLAND LAKE: shall also include other water bodies, including rivers and streams. LANDSCAPED OPEN SPACE: means that area which will be changed, rearranged, or added to the original vegetation or scenery of the lot using native and indigenous vegetation to produce an aesthetic effect appropriate for the use to which the land is developed. It includes reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation. It includes vegetative ground cover and woody vegetation. It does not include driveways and parking lots, or sidewalks connected to structures, but it may include permanent parking lot planters installed within parking areas. LAUNDROMAT: A commercial establishment that provides washing, drying, and/or ironing equipment and facilities for hire to be used by patrons on the premises. (Revised 1/27/14) LAUNDRY AND DRY CLEANING ESTABLISHMENT. A commercial establishment providing cleaning, dry cleaning and laundry services on-site for businesses and residents. LODGING HOUSE: A building other than a hotel where lodging only is provided for three or more but not more than twenty persons. LOT: A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one main building together with its accessory buildings and the open space required by this Ordinance, and having its principal frontage upon a street or upon an officially approved place. LOT AREA: The total area within the boundaries of the lot, excluding any road rights-of-way or access easements. LOT, CORNER: A lot adjacent to two or more streets at their intersection. r----------------1 StreetRight-of-Way CORNER LOT LOT, FLAG: A parcel of land separated from a road right-of-way by another parcel and may be accessed through an easement. D LOT, FRONT OF: That lot line which is (or contains) the road line of the principal road or right-of-way providing access to the lot. ICORNER LOT LOT, INTERIOR: A lot with frontage on one road and abutted by other lots. INTERIOR LOT D FLAG LOT □ CORNER LOT THROUGH LOT D D INTERIOR LOT D D CORNER LOT StreetRight-of-Way LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the Register of Deeds of Grand Traverse County; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of Grand Traverse County, such recording shall be the effective date of this Ordinance or prior thereto. LOT THROUGH: A lot that fronts on two parallel roads or that fronts on two roads that do EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 14 ARTICLE XIV DEFINITIONS �not intersect at the boundaries of the lot. Also known as a “double frontage lot. LOT, WIDTH OF FRONTAGE: The frontage width, is measured along the front lot line and is a straight line connecting the two points where the front lot line intersects the two adjacent side lot lines. LOT, WIDTH OF MINIMUM: The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front and rear lot lines, especially on irregularly shaped lots. SECTION 1414 M MANUFACTURED HOUSING: See “Mobile Home.” MANUFACTURED HOUSING COMMUNITY: See “Mobile Home Park.” MANUFACTURING AND PROCESSING: Product assembling, blending or mixing, where raw materials or previously processed components or manufactured parts produced off-site are fitted together into a complete product or subassembly. May include product packaging, storage and shipping activities. (Revised 4/24/11) MARIHUANA. A controlled substance as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106. (Revised 4/24/11) MARINAS AND USES INCIDENTAL THERETO: Waterfront establishments whose business is offering the sale or rental of boats and marine sporting equipment and the servicing, repair, or storage of same. Such establishments may also provide travelift services, slip rental, limited retail goods, gasoline, sanitary pump-out service and food and drink. (Revised 4/24/11) MASTER DEED: The document recorded as part of a condominium subdivision to which are attached as exhibits and incorporated by the reference the approved bylaws for the condominium subdivision plan. MASTER PLAN: See Comprehensive Plan MINI-WAREHOUSE, SELF STORAGE. A building or portions of buildings offered to the public for a fee on a monthly or yearly basis for the storage of goods. MOBILE FOOD COURT: A group of three or more mobile food vehicles located on a single site. (Revised 2/20/21) MOBILE FOOD VEHICLE: A readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to prepare, or serve, and sell food. (Revised 2/20/21) MOBILE HOME: As used herein the term "mobile home" shall mean a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent year round living as a single family dwelling. Provided, however, that the term "Mobile Home" shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportable structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 15 ARTICLE XIV DEFINITIONS �sewage, electrical power and potable water utilities. MOBILE HOME PARK: An area where three or more mobile homes are parked or intended to be parked, designed or intended to be used as living facilities for one or more families. MORTUARY, FUNERAL PARLOR. A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith prior to burial or cremation. MOTEL: See Hotel. SECTION 1415 N NEIGHBORHOOD LOCAL BUSINESS. Retail uses, offices, and personal or professional service businesses intended to primarily serve the immediate neighborhood, supplemented by an ancillary amount of patronage by other than residents of the immediate areas. Uses may include, but not be limited to the following: ο Grocery/Convenience ο Drug stores ο Card and gift shops ο Clothing stores ο Barber/Beauty shops ο Tanning/Fitness ο Floral shops ο Home decorating ο Art and Framing shops ο Photographer ο Small appliance repair ο Restaurant (without drive-through) ο Banks, Credit Union ο Auto fuel and service ο Video rental ο Pet Shops ο Insurance, real estate offices, medical and dental offices ο Car wash ο Uses similar to the above in terms of their impact on surrounding properties and local traffic. NONCONFORMING STRUCTURE: A building or structure lawfully existing as of September 25, 1976 or a subsequent amendment to this ordinance that does not conform to area, height and placement regulations of this Ordinance for the zoning District in which it is located. NONCONFORMING USE: Any building or land lawfully occupied by a use as of September 25, 1976 or a subsequent amendment to this ordinance which does not conform after the passage of this Ordinance or amendment thereto with the use requirements of the district which it is situated. NUDE MODEL STUDIO: means any place where a person who displays Specified Anatomical Areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. NURSERY: An establishment for the growth, display, and/or wholesale of plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within or without an EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 16 ARTICLE XIV DEFINITIONS �enclosed building. (Revised 1/8/08) NURSING HOME: As pursuant to Act 368 of the Public Acts of 1978 as amended: means a nursing care facility, including a county medical care facility, but excludes a hospital or a facility which provides organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury, or infirmity. SECTION 1416 O ORDINARY HIGH WATERMARK: The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line, encrusted on the banks, shelving, changes in the character of silt, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (Revised 12/8/08) OUTDOOR STORAGE, LIMITED TO 4 RVS: The exterior storage of not more than four boats, trailers, campers, motor homes, jet skis, snowmobiles, and other recreation vehicles whether owned by the property owner or by others. (Revised 4/24/11) SECTION 1417 P (Revised 11/25/16 and 6/11/18) PACKAGING, CANNING & BOTTLING: See manufacturing and processing. (Revised 4/24/11) PARKING LOT: A tract of land which is used for the storage of motor vehicles and is not accessory to any other use on the same or any other lot, and which contains parking space rented to the general public or reserved for individuals by the hour, weeks, or month. PARKING SPACE: A surfaced area, enclosed in the main building, in an accessory building, or unenclosed, having an area of not less than 200 square feet, exclusive of driveways, permanently reserved for temporary storage of one automobile and connected with a street or alley which affords satisfactory ingress and egress for automobiles. PARTY, DRUGS AND NOTIONS STORE: See Neighborhood Local Business. (Revised 4/24/11) PERMANENT DOCKS: A structure mounted on piers or pilings over or floating upon the water and permanently anchored and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses. (Revised 4/24/11) PERSONAL SERVICES: A business which offers specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, tanning and nail salons, massage facilities, garment repair, and other similar establishments. (Revised 4/24/11) PERSONAL WIRELESS SERVICE FACILITIES - are transmitters, antenna structures, antennas, and other types of installations used for the provision of personal wireless services. They include a broad range of spectrum-based services. All commercial mobile services are also included. Common examples of commercial mobile services are personal EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 17 ARTICLE XIV DEFINITIONS �communications services (PCS), cellular radio mobile service and paging. They also include accessory equipment and shelters pertaining to the facility. PLACES OF PUBLIC ASSEMBLY - Places of public assembly shall include theaters, churches and other religious institutions, auditoriums, banquet halls, sports arenas, lecture halls, and other similar facilities intended for entertainment, instruction, worship, sports, or similar activities involving assembled groups of people numbering fifty (50) or more. a. Small Places of Public Assembly. A place of public assembly shall be considered a small facility if it has either less than (10,000) square feet of gross floor area or total seating capacity of no more than three-hundred (300) in the largest room intended of public assembly. (Revised 6/11/18) b. Large Places of Public Assembly. A place of public assembly shall be considered a large facility if it has either (10,000) square feet or more in gross floor area, total seating capacity of more than three-hundred (300) in the largest room intended for public assembly, or which is designed to be capable of expanding to meet these standards in the future. For the purposes of this paragraph, a capability to meet these standards may be demonstrated by sufficient available land owned by the applicant or an entity associated with the applicant, a building designed to readily accommodate an expansion or a declaration by the applicant of future intent to expand the facility to meet these standards. (Revised 6/11/18) PLANNED UNIT DEVELOPMENT. A planned unit development is intended to accommodate developments with mixed or varied uses, having sites with unusual topography or unique settings within the community, or on land which exhibits difficult and costly development problems. PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS - means any tower or antenna for which a land use permit or special land use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. (Revised 4/24/11) PRIMARY CAREGIVER. A person who is at least 21 years old and who has been registered by State Department of Community Health to assist with a Qualifying Patients’ use of medical marihuana. (Revised 4/24/11) PRIMARY CAREGIVER FACILITY. A building in which the activities of a Primary Caregiver as defined in the Michigan Medical Marihuana Act (Initiated Act 1 of 2008) and in this Ordinance are conducted. PRINCIPAL STRUCTURE (or principal building), A building in which is conducted the principal use of the lot on which it is located. (Revised 6/24/06) PRINCIPAL USE: The primary or predominant use of any parcel. (Revised 6/24/06) PUBLIC ACCESS: Shall mean a multi-boat access site operated by a governmental entity, including access from a public road authorized expressly or impliedly by a governmental EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 18 ARTICLE XIV DEFINITIONS �entity. SECTION 1418 Q QUALIFYING PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition as provided by the Michigan Medical Marihuana Act and who has obtained a duly issued registry identification card from the State Department of Community Health as provided by said Act. (Revised 4/24/11) SECTION 1419 R RECREATIONAL FACILITY: A facility providing quiet personal types of recreation in which customers actively participate, rather than as spectators, and which has been approved as an appropriate and compatible use with the other uses permitted in the zoning district. RECREATION FACILITY, PUBLIC: A recreational facility available to the public which is owned and operated by the State of Michigan, a political subdivision of the State of Michigan, or the U.S. Government. RECREATIONAL FACILITY, PRIVATE: A recreational facility available to the public which is privately owned and operated. RECREATIONAL UNIT: Means a tent, or a vehicular type structure primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. A tent means a collapsible shelter of canvas or other fabric stretched and sustained by poles and used for camping outdoors. Recreational unit shall include "travel trailers," "camping trailers," "motor home," "truck camper," "slide-in camper." and "chassis-mount camper," as defined in Public Acts 171, Public Acts of 1970, Michigan. RESEARCH, DEVELOPMENT AND TESTING: An establishment which conducts research, development, or controlled production of electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing. (Revised 4/24/11) RESIDENTIAL CLUSTER SUBDIVISION: A subdivision of land which contains one or more clusters of housing. RESIDENTIAL EQUIVALENT UNIT (REU): Means a habitable dwelling unit used to determine the number of residential benefits which must be purchased to connect to water and sewer services provided by the department of public works. (revised 2/12/2018) RESTAURANT: A commercial establishment where food and beverages are prepared, served, and consumed either on-site or prepared and are delivered or dispensed for drivein or drive-through consumption. (Revised 4/24/11) RETAIL: The selling of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license. (Revised 2/8/10) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 19 ARTICLE XIV DEFINITIONS �RETAIL SALES, LIMITED: The retail sales of goods, wares, or merchandise manufactured, produced, or assembled on site and the retail sales of related products or goods which are clearly incidental and subordinate to the goods, wares, or merchandise manufactured or assembled on site. (Revised 2/8/10) RIPARIAN: Riparian is a term as it is commonly used in law in the Midwest to refer to owners of property abutting a water body, whether it is a lake or a stream. There are four basic attributes of riparian rights. These right belong only to fee simple owners of property abutting a water body: 1. The right of access to navigable water. 2. The right to build a pier out to the line of navigability. 3. The right to accretions. 4. The right to a reasonable use of the water for general purposes such as boating, domestic use and so on. ROAD: Any existing or planned publicly controlled and dedicated or privately held vehicular access way, used or intended to be used for access to public or private lands and/or for the conveyance of traffic. ROAD, ACCESS BY EASEMENT-EASEMENT ACCESS: A vehicular access way constructed within a common easement along with the easement, which provides access to lots within a plat or a non-platted subdivisions of metes and bounds described parcels and which provides continuous access for safety services vehicles operating within the Township. ROAD, COUNTY STANDARDS: The Standards and Specifications for Subdivision Streets as adopted by the Grand Traverse County Road Commission. ROAD, CUL-DE-SAC: vehicular turn-around. A local road of short length having one end terminated by a ROAD, HIGHWAY: A right-of-way along with related improvements which provides for vehicular and pedestrian access to abutting properties. ROAD, LOCAL ACCESS: Local access roads provide access to homes, farms and other low intensity land uses. Traffic desires are local in nature and these roads do not require trip continuity for an extended length. ROAD, LOCAL: A public road designated a local road by the Grand Traverse County Road Commission which is not part of the County Primary Road System, which is intended primarily for access to abutting properties. ROAD, MARGINAL ACCESS: A road which is parallel and adjacent to public roads and which provides access to abutting properties and protection from through traffic and not carrying through traffic. ROAD, PRIMARY: EAST BAY TOWNSHIP Zoning Ordinance Those roads of considerable continuity which are designated as ARTICLE XIV - 20 ARTICLE XIV DEFINITIONS �primary roads by the Grand Traverse County Road Commission. ROAD, PUBLIC: A road dedicated to the public, such dedication having been accepted by the appropriate public Road Commission or Department of Transportation, which meets the minimum construction standards of said Road Commission or Department of Transportation. ROAD, PRIVATE: A road held in private ownership and dedicated to the use of four or more abutting properties which meets the design and construction standards of this Ordinance. ROAD, UNREGULATED PRIVATE: A road held in private ownership and contained within and/or abutting not more than three (3) adjoining parcels. ROAD, PRIVATE SUBDIVISION: Is a private road in a platted or condominium subdivision approved by the Grand Traverse County Road Commission pursuant to the Plat Act (Act 288, P.A. of 1967 as amended) ROAD, STATE HIGHWAY: State or federal numbered highway. ROAD, SIGHT DISTANCE: The unobstructed vision on a horizontal plane along a road centerline from a driver-eye height of 3.5 feet and an object height of 6 inches. ROADSIDE STANDS: A temporary structure which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. (Revised 4/24/2011) SECTION 1420 S SERVICE DRIVES: A service drive shall be a front or rear interconnection between parcels, and may include the maneuvering lane within a parking lot. A service drive is not a private road. SEXUAL ENCOUNTER CENTER: means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or, 2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. SHORE IMPROVEMENTS: Any land form change including grading, filling, clearing or other similar work involving an area of at least 10,000 square feet and located within the Forest Lakes Overlay pursuant to Section 231 hereof. (Revised 4/24/11) SHORE STRUCTURES: Any structure located at the water’s edge, including docks, boat lifts, and other similar facilities. (Revised 4/24/11) SHOWROOM FOR OFFICE & BUILDING TRADES: An open structure where products are displayed for sale. (Revised 4/24/11) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 21 ARTICLE XIV DEFINITIONS �SIGNS: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combinations thereof, by which anything is made known such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or a product which are visible from any public way and used as an outdoor display. (Revised 4/24/11) SIGN, ANIMATED OR MOVING: Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation, not including electronic message boards. (Revised 4/24/2011) SIGN, BUILDING MOUNTED. Any sign, as defined herein, which is permanently attached to or mounted upon a building. (Revised 4/24/11) SIGN, CONSTRUCTION: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. (Revised 4/24/11) SIGN, DIRECTIONAL: Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way,” “entrance,” and “exit.” (Revised 4/24/11) SIGN, ELECTRONIC MESSAGE BOARD: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. (Revised 4/24/11) SIGN, FREE STANDING: Any sign, as defined herein, which is permanently mounted to one or more poles, a monument or other structure separated from a building. (Revised 4/24/11) SIGN, GROUND: A free standing sign, other than a pole sign, in which the entire bottom is in contact with or close to the ground and is independent of any other structure and which is up to six (6) feet in height. (Revised 4/24/11) SIGN FACE: Each part of a sign structure which is used to graphically communicate a message or announcement including a border space of not less than three (3) inches outside any lettering or other graphic symbols or depictions. (Revised 4/24/11) SIGN, OFF-PREMISE: Any sign, visible from a location off the property, that directs attention to a business, commodity, services or entertainment conducted, offered or sold at a location other than the premises on which the sign is located. (Revised 4/26/14) SIGN, POLE: A free standing sign that is mounted on a pole, column or other support so that the bottom edge of the sign face is six feet or more above grade. (Revised 4/24/11) SIGN, POLITICAL: A sign announcing or supporting political candidates or issues in connection with any national, state, or local election. (Revised 4/24/11) EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 22 ARTICLE XIV DEFINITIONS �~ H SIGN, PROJECTING: A building mounted sign that is wholly of partly dependent upon a building for support and that projects more than twelve (12) inches from such building. (Revised 4/24/11) SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. (Revised 4/24/11) SIGNS, TEMPORARY: Signs which have one or more of the following characteristics: 1. Signs not securely affixed to a substantial non-portable structure, signs affixed to portable structures. 2. Signs of paper, cardboard or similar materials. 3. Signs of expected longevity or cost which would not qualify them for depreciation under normal accounting practices or would not have a useful life of more than one year in continuous use. 4. Political Signs. Signs relating to the election of a person to public office or relating to a political party, or to a matter to be voted at a general election called by a public body. (Revised 4/24/11) SIGN, WALL: A building mounted sign fastened to or painted on the wall of a building or structure or to an awning or marquee, in such a manner that the building or its structural elements wall become the supporting structure, or forms the background surface of the sign. (Revised 4/24/11) SIGN, WINDOW: A building mounted sign attached to, or in close proximity to, the window EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 23 ARTICLE XIV DEFINITIONS �surface so as to be clearly and comprehensively visible from the outside. (Revised 4/24/11) SITE PLAN: A site plan includes the documents and drawings required by this Zoning Ordinance to insure that a proposed land use or activity is in compliance with this ordinance SPECIFIED ANATOMICAL AREAS: means human genitals including the male genitals in a state of sexual arousal even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: means and includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3. Masturbation, actual or simulated; or, 4. Excretory functions as part of or in connection with any of the activities set forth in 13 above. STREET: See Road. (Revised 4/24/11) STREET LINE: The outside edge of the pavement on a paved street without curbing or the outside edge of the curb on a street with curbing or the edge of the travel surface on an unpaved road. (Revised 4/24/11) STUDIO FOR PERFORMING AND GRAPHIC ARTS: A facility designed, constructed or used for instructional, practice or production purposes in graphic and performing arts, including sculpture, painting, music, painting, drama, dance and similar pursuits. (Revised 4/24/11) STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, regardless of whether it may be transportable or capable of being moved. (Revised 3/4/08) STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams, joists or girders, not including, however, changes in doors, windows or surfacing materials which affect primarily the appearance of the structure. SUBDIVISION – ALL TYPES: A land development undertaken pursuant to the terms of the Land Division Act or the Condominium Act. (Revised 4/24/11) SUBDIVISION, PLAT OR CONDOMINIUM – RESIDENTIAL: A subdivision as defined herein intended for residential uses. (Revised 4/24/11) SECTION 1421 T TAVERN: An establishment used primarily for the serving of liquor, beer and wine to the general public and where food or packaged liquors may be served or sold only as an EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 24 ARTICLE XIV DEFINITIONS �accessory to the primary use. TEMPORARY DOCKS: A structure used as a landing place for boats and other marine transport, fishing, swimming, and other recreational use not permanently attached or anchored and intended to be removed seasonally. (Revised 4/24/11) TOURIST HOMES: See Lodging Homes. TOWER - means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWNSHIP USES. Buildings, facilities and grounds owned or leased by East Bay Township as a part of its normal municipal responsibilities and duties. SECTION 1422 U USES SIMILAR TO USES PERMITTED BY RIGHT: Land uses which, in the judgment of the Zoning Administrator are sufficiently similar to defined and permitted uses within the district to be treated in a manner similar to such uses. (Revised 4/24/11) SECTION 1423 V VIDEO STORE: See Neighborhood Local Business. (Revised 4/24/11) VEHICLE REPAIR FACILITY: A building, structure or parcel of land, or any portion thereof, used for the diagnosing, repairing, cleaning, equipping and/or painting of motor vehicles. SECTION 1424 W WALKWAYS, ELEVATED, OPEN OR ENCLOSED: Pedestrian walkways or corridors connecting buildings and/or land uses located and attached above grade sufficiently to allow an open view to Grand Traverse Bay or other scenic features. (Revised 4/24/11) WAREHOUSING, PRODUCTS PRODUCED ON PREMISES: The use of a portion of a structure or grounds for storage or repackaging of goods, wares, raw materials, parts or other materials produced or prepared on the premises. (Revised 4/24/11) WEARING APPAREL, ACCESSORY & SHOE STORE: Business. (Revised 4/24/11) See Neighborhood Local WETLAND, REGULATED: As defined in Act 451 of the Public Acts of 1994, as amended, a regulated wetland shall mean land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, EAST BAY TOWNSHIP Zoning Ordinance ARTICLE XIV - 25 ARTICLE XIV DEFINITIONS �wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is any of the following: 1. Located within one thousand (1,000) feet of Grand Traverse Bay, or 2. Connected to or located within five hundred (500) feet of an inland lake or pond, or a river or stream. WIND ENERGY CONVERSION SYSTEM (WECS): Any device or assemblage which directly converts wind energy into usable thermal mechanical, or electrical energy, including such devises as windmills and wind turbines, towers and supporting structures and such directly connected facilities as generators, alternators, inverters, batteries and associated control equipment. (Revised 1/8/08) WIND ENERGY CONVERSION SYSTEM (WECS), SMALL: A Wind Energy Conversion System designed and used for the primary purpose of on-site consumption of electrical energy and not for electrical generation for resale. (Revised 1/8/08) SECTION 1425 X SECTION 1426 Y Reserved YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the foundation wall of the principal structure shall be used. (Revised 6/24/06) YARD, FRONT: A yard extending across the front of the lot between the side lot lines and located between the building and the front lot line. YARD, REAR: A yard extending across the rear of the lot between the side lines and located between the building and the rear lot line. YARD, SIDE: A yard between the main building and the side lot line. SECTION 1427 EAST BAY TOWNSHIP Zoning Ordinance Z Reserved ARTICLE XIV - 26 ARTICLE XIV DEFINITIONS �ARTICLE XV EFFECTIVE DATE SECTION 1500 EFFECTIVE DATE This Ordinance shall become effective thirty (30) days following publication of a notice of adoption in a newspaper of general circulation in the township. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE XV- 1 ARTICLE XV EFFECTIVE DATE �ARTICLE XVI REPEAL OF EAST BAY TOWNSHIP ZONING ORDINANCE OF SEPTEMBER 25, 1976 SECTION 1600 REPEALER The East Bay Township Zoning Ordinance of September 25, 1976, including amendments and additions thereto, is hereby repealed as of the effective date of this Ordinance. EAST BAY TOWNSHIP ZONING ORDINANCE ARTICLE XVI- 1 ARTICLE XVI REPEAL �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context East-Bay-Charter-Twp_Zoning-Ordinance_2022 Creator An entity primarily responsible for making the resource Office of Planning and Zoning, East Bay Charter Township, Grand Traverse County, Michigan Date A point or period of time associated with an event in the lifecycle of the resource 2022-05-23 Title A name given to the resource East Bay Township Zoning Ordinance Description An account of the resource The East Bay Township Zoning Ordinance was prepared by the Office of Planning and Zoning and was amended through May 23, 2022. Subject The topic of the resource Zoning--Michigan East Bay Charter Township (Mich.) Grand Traverse County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/6ecd70be95f8a8ab7d5622d56a2f5e4d.jpg 1cba7630f360b8a22a6f9474ede7ee9a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_F196-0004 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1965-04-30 Title A name given to the resource East Coast Memorial, Battery Park, NY Description An account of the resource Black and white photograph of East Coast Memorial, the plaza and inscribed pillars in honor of the American service people who died in the Atlantic Ocean during WWII, located in Battery Park, New York City, New York. Scanned from the negative. Subject The topic of the resource Battery Park (New York, N.Y.) War memorials--New York (State)--New York War memorials--United States Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/40bad9f96e2becc32fac97a6a25bf6a6.jpg de5bb41f0f3dfcd5a28ae11f1dd369fa Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Robert H. Merrill photographs Creator An entity primarily responsible for making the resource Merrill, Robert H., 1881-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1909/1950 Source A related resource from which the described resource is derived Robert H. Merrill papers (RHC-222) Rights Information about rights held in and over the resource In Copyright Identifier An unambiguous reference to the resource within a given context RHC-222 Description An account of the resource Photographs, negatives, and lantern slides digitized from the papers of engineer and archaeologist Robert H. Merrill. A Grand Rapids native, Merrill held an accomplished career as a civil engineer. He founded the company Spooner & Merrill, which held offices in Grand Rapids and Chicago. From 1919-1921, Merrill lived in China, working as Assistant Principal Engineer on a reconstruction of the Grand Canal - the oldest and longest canal system in the world. Merrill became fascinated by archaeology, and among other projects, he traveled to the Uxmal Pyramids in Yucatan, Mexico, with a research expedition from Tulane University. Merrill's photo collection includes images of his travels and projects, friends and family. Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Merrill_EastmanAlbum_2_1909-1911_018 Date A point or period of time associated with an event in the lifecycle of the resource 1910-07-14 Title A name given to the resource East from Phoenix Grand Rapids Description An account of the resource Black and white photograph of the Grand Rapids, Michigan cityscape, looking east from Phoenix. Subject The topic of the resource Grand Rapids (Mich.) Michigan Source A related resource from which the described resource is derived Robert H. Merrill papers (RHC-222) Rights Information about rights held in and over the resource In Copyright Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpg Language A language of the resource eng Creator An entity primarily responsible for making the resource Merrill, Robert H., 1881-1955 Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/a756c0d37674c3923e0d360ea4602a3b.jpg d6d928d0026b3de253bfe51bb3f0a7fd Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_B008-0007 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1961-02-01 Title A name given to the resource East Lansing Country Club Fire Description An account of the resource Black and white photograph of a country club fire in East Lansing, Michigan, with a fireman standing in the foreground looking on toward the burning building on February 1, 1961. Photograph by Douglas R. Gilbert. Scanned from the negative. Subject The topic of the resource East Lansing (Mich.) Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/5e092808484fffcfe8d130e2edaca070.jpg 19810388963f208bc656506ec3362130 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_B008-0014 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1961-02-01 Title A name given to the resource East Lansing Country Club Fire Description An account of the resource Black and white photograph of a close-up view of the East Lansing Country Club during a fire on February 1, 1961. Photograph by Douglas R. Gilbert. Scanned from the negative. Subject The topic of the resource East Lansing (Mich.) Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/cac0246f2a52fe6b407f3cf5d41db583.jpg a23f70e421c837cab4a67038f184d829 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_B008-0020 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1961-02-01 Title A name given to the resource East Lansing Country Club Fire Description An account of the resource Black and white photograph of a close-up view looking into the country club fire in East Lansing, Michigan on February 1, 1961. Photograph by Douglas R. Gilbert. Scanned from the negative. Subject The topic of the resource East Lansing (Mich.) Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/b3f90f52b41058c700416d74297cc9ba.mp3 3e2c66c3e8bf46d01d88a971028512af Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Richard A. Rhem Collection Description An account of the resource Text and sound recordings of the sermons, prayers, services, and articles of Richard Rhem, pastor emeritus of Christ Community Church in Spring Lake, Michigan, where he served for 37 years. Starting in the mid 1980's, Rhem began to question some of the traditional Christian dogma that he had been espousing from the pulpit. That questioning was a first step in a long and interesting spiritual journey, one that he openly shared with his congregation. His journey is important, in part because it is reflective of the questioning, the yearnings, and the gradual revision of beliefs that many persons in this part of the century have experienced and continue to experience. It is important also because of the affirming and inclusive way his questioning was done and his thinking evolved. His sermons and other written and spoken materials together document the steps in his journey as it took a turn in 1985, yet continued to revolve around the framework and liturgies of the Christian calendar. Subject The topic of the resource Clergy--Michigan Reformed Church in America Christ Community Church (Spring Lake, Mich.) Religion Interfaith worship Sermons Sound Recordings Creator An entity primarily responsible for making the resource Rhem, Richard A. Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/514">Richard A. Rhem papers (KII-01)</a> Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives. Contributor An entity responsible for making contributions to the resource Kaufman Interfaith Institute Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Language A language of the resource English Type The nature or genre of the resource Sound Text Identifier An unambiguous reference to the resource within a given context KII-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1981-2014 Format The file format, physical medium, or dimensions of the resource audio/mp3 text/pdf Sound A resource primarily intended to be heard. Examples include a music playback file format, an audio compact disc, and recorded speech or sounds. Event Pentecost XIX Series The Tradition That Shaped Us Scripture Text Genesis 4:6-7, 15-16 Location The location of the interview Christ Community Church, Spring Lake, MI Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context KII-01_RA-0-19910929 Date A point or period of time associated with an event in the lifecycle of the resource 1991-09-29 Title A name given to the resource East of Eden: Judgment and Grace Creator An entity primarily responsible for making the resource Richard A. Rhem Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Subject The topic of the resource Clergy--Michigan Reformed Church in America Christ Community Church (Spring Lake, Mich.) Sermons Relation A related resource Richard A. Rhem - An Archive of Sermons, Prayers, Talks and Stories: http://richardrhem.org/ Language A language of the resource eng Type The nature or genre of the resource Sound Format The file format, physical medium, or dimensions of the resource audio/mp3 Description An account of the resource A sermon given by Richard A. Rhem (Dick) on September 29, 1991 entitled "East of Eden: Judgment and Grace", as part of the series "The Tradition That Shaped Us", on the occasion of Pentecost XIX, at Christ Community Church, Spring Lake, MI. Scripture references: Genesis 4:6-7, 15-16. Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/b655960a2ff73a541df611156a016762.jpg 96aae512093dc701f1495678a82e9bcf Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_D195-0009 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1963-07-08 Title A name given to the resource East River View, Brooklyn, New York Description An account of the resource Black and white photograph of a view overlooking the water in Brooklyn, New York. In the photograph, a cityscape of skyscrapers can be seen in the background, while a building for the marine service business, "Arthur Tickle Engineering Works," can be seen in the foreground. Scanned from the negative. Subject The topic of the resource Brooklyn (New York, N.Y.) Shipbuilding Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/661d81bcf6074fbb696729bdbd545e32.jpg a67cf3fcee9d671266cb8a282f092a30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J095-0012 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter "Be-In," Central Park, New York Description An account of the resource Black and white photograph of a group of young people gathered together on the grass for the Easter "Be-In" held in New York City's Central Park. In the photograph, the group of young people are seated on the ground while another young man is lying asleep on the ground next to them. Scanned from the negative. Subject The topic of the resource Central Park (New York, N.Y.) New York (N.Y.) Easter Crowds--New York (State)--New York Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/de49db0b9467a033c9b9eef636fa2fc7.jpg 7d1665d0c30da3691a79fa24f263023e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J095-0014 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter "Be-In," Central Park, New York Description An account of the resource Black and white photograph of a crowd of people gathered together for the Easter "Be-In" held in New York City's Central Park. In the photograph, a group of young people are seated together on the grass in the foreground while one couple is seen kissing and others are laughing together. Scanned from the negative. Subject The topic of the resource Central Park (New York, N.Y.) New York (N.Y.) Easter Crowds--New York (State)--New York Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/8a747ae3f816116c6397de5efa44caac.jpg 4c26810c7c2cf9d8cd172f02eaf5591c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J095-0019 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter "Be-In," Central Park, New York Description An account of the resource Black and white photograph of a crowd of people gathered together for the Easter "Be-In" held in New York City's Central Park. In the photograph, a group of young people are seated together on the grass in the foreground while many others are standing on the lawn in the background. Scanned from the negative. Subject The topic of the resource Central Park (New York, N.Y.) New York (N.Y.) Easter Crowds--New York (State)--New York Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/a7edb2647988a88722241866c93a58d9.jpg c53aaf693d918457cb0f3cec308a7c41 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J095-0023 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter "Be-In," Central Park, New York Description An account of the resource Black and white photograph of a crowd of people gathered together for the Easter "Be-In" held in New York City's Central Park. In the photograph, a group of young men are standing together on the grass in the foreground and dressed in hippie clothing, including head scarves, corduroy hats, and ponchos while smoking cigarettes. Scanned from the negative. Subject The topic of the resource Central Park (New York, N.Y.) New York (N.Y.) Easter Crowds--New York (State)--New York Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/be12cbbed8c0db9ac60e9b0d5f05dfe4.jpg 67a8bd37ba84fc0741d59556862a9df7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J096-0012 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter "Be-In," Central Park, New York Description An account of the resource Black and white photograph of a crowd of people gathered together for the Easter "Be-In" held in New York City's Central Park. In the photograph, a group of people are standing together in the foreground, including a few young women holding an American flag while a young man is playing an acoustic guitar and another is filming the crowd with a camera. Scanned from the negative. Subject The topic of the resource Central Park (New York, N.Y.) New York (N.Y.) Easter Crowds--New York (State)--New York Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/8f9279caaec6e4e7eae6d4de0a2c8ce5.jpg 71b0010705198b371b8b2dd2be684a0f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J096-0027 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter "Be-In," Central Park, New York Description An account of the resource Black and white photograph of a crowd of people gathered together for the Easter "Be-In" held in New York City's Central Park. In the photograph, a group of young people are standing together on the grass in the foreground while a young woman is seen dancing in the foreground. Scanned from the negative. Subject The topic of the resource Central Park (New York, N.Y.) New York (N.Y.) Easter Crowds--New York (State)--New York Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/f9ce7c572241b7040fd027fb7b8e4c66.mp3 079039116b91b3fc1dfa28c32061c813 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Richard A. Rhem Collection Description An account of the resource Text and sound recordings of the sermons, prayers, services, and articles of Richard Rhem, pastor emeritus of Christ Community Church in Spring Lake, Michigan, where he served for 37 years. Starting in the mid 1980's, Rhem began to question some of the traditional Christian dogma that he had been espousing from the pulpit. That questioning was a first step in a long and interesting spiritual journey, one that he openly shared with his congregation. His journey is important, in part because it is reflective of the questioning, the yearnings, and the gradual revision of beliefs that many persons in this part of the century have experienced and continue to experience. It is important also because of the affirming and inclusive way his questioning was done and his thinking evolved. His sermons and other written and spoken materials together document the steps in his journey as it took a turn in 1985, yet continued to revolve around the framework and liturgies of the Christian calendar. Subject The topic of the resource Clergy--Michigan Reformed Church in America Christ Community Church (Spring Lake, Mich.) Religion Interfaith worship Sermons Sound Recordings Creator An entity primarily responsible for making the resource Rhem, Richard A. Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/514">Richard A. Rhem papers (KII-01)</a> Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives. Contributor An entity responsible for making contributions to the resource Kaufman Interfaith Institute Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Language A language of the resource English Type The nature or genre of the resource Sound Text Identifier An unambiguous reference to the resource within a given context KII-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1981-2014 Format The file format, physical medium, or dimensions of the resource audio/mp3 text/pdf Sound A resource primarily intended to be heard. Examples include a music playback file format, an audio compact disc, and recorded speech or sounds. Event Easter Sunday Scripture Text Romans 4:17, 21 Location The location of the interview Christ Community Church, Spring Lake, MI References W.H. Auden: For the Time Being Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context KII-01_RA-0-19860330 Date A point or period of time associated with an event in the lifecycle of the resource 1986-03-30 Title A name given to the resource Easter Faith: Beyond All Human Potential Creator An entity primarily responsible for making the resource Richard A. Rhem Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Subject The topic of the resource Clergy--Michigan Reformed Church in America Christ Community Church (Spring Lake, Mich.) Sermons Relation A related resource Richard A. Rhem - An Archive of Sermons, Prayers, Talks and Stories: http://richardrhem.org/ Language A language of the resource eng Type The nature or genre of the resource Sound Format The file format, physical medium, or dimensions of the resource audio/mp3 Description An account of the resource A sermon given by Richard A. Rhem (Dick) on March 30, 1986 entitled "Easter Faith: Beyond All Human Potential", on the occasion of Easter Sunday, at Christ Community Church, Spring Lake, MI. Scripture references: Romans 4:17, 21. Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/37288410423cb68b87178990448c2b6d.pdf df094e3aa7e8b27ee1884b39560c45f3 PDF Text Text   Easter Faith: Beyond All Human Potential Editorial by Richard A. Rhem Minister of Preaching and Theological Inquiry Christ Community Church Spring Lake, Michigan Published in Perspectives A Journal of Reformed Thought April 1988 In For The Time Being, W. H. Auden writes, Nothing can save us that is possible, we who must die demand a miracle. Easter faith is faith in the humanly impossible, impossible in terms of human potential. Easter faith affirms a miracle: The living God raised Jesus from the dead. Easter faith sees the resurrection of Jesus as a sign of the newness God is creating and will create in this Good Friday world, this old age that is passing away. With every returning Easter we are faced with the decision of faith: Will we settle for a Good Friday world, or will we believe in the newness of God's kingdom? Will we with stubborn pride see our world and our lives only within the limits of the humanly possible, or will we trust in God who brought forth the world from nothing and promises a new heaven and new earth? Will we with paralyzing despair see history's sad story of oppression, violence, and death, and our own life stories of failure and defeat as the final word, or will we look to the living God who breaks the power of darkness and defeats even death? The Easter faith of the church points to the living God whose love cannot be conquered and whose promise of new creation will finally come to consummation. Easter faith is radical trust in God, the God who is not limited to human potential or to historical possibilities. Easter faith fastens on the God who called Jesus from the dead to fullness of life in God's presence where he reigns and from whence his Spirit continues the drama of resurrection in this old world that is passing away, this old world that is a Good Friday world, now permeated by the freedom and joy and peace of the new creation. Easter faith is biblical faith; it is the faith of the people of God who still live in the old world but who have been captivated by a new possibility. Over the first eleven chapters of Genesis one could write disaster, the seemingly insatiable desire of human society to structure life apart from God. In the bridge paragraph between © Grand Valley State University   �Easter Faith: Beyond all Human Potential Editorial by Richard A. Rhem Page 2   the universal themes of those first eleven chapters and the call of Abraham in chapter 12, there is tucked away a brief notice so easy to overlook: "Now Sarai was barren; she had no child." Is that not striking? God calls a man to become the father of a great nation, but the man's wife is barren. Could that be an accident? No, because the Bible story is not first of all a story about Abraham, Moses, David, Isaiah, Peter, and Paul. It is not a story first of all about humankind at all, but a story about God. It is God's story before it is our story, and the Genesis account of the call of Abraham is only secondarily about Abraham. God is about to fashion an alternative community in the midst of a creation gone awry. God will re-form the creation; God will transform the nations, and God is not boxed in by human limitations. What God promises cannot be discovered in what is; God creates newness. Both pride and despair, two opposite reactions to what is, are based on the assumption that the world is a project of humankind and that its possibilities are limited by human potential. But the biblical story is the story of the gracious God of life-giving power, a power beyond all human potential. It wasn't easy for Abraham or Sarah to believe. Abraham was getting older, but still he had no heir. Sarah had moved beyond the years of childbearing potential. Abraham asked God if his servant's son Eliezer would do. God said no. Sarah took matters into her own hands and gave Abraham her maid Hagar. But Ishmael, the child of that union, was not to be the heir. God said no to that human effort, too. When Abraham was ninety-nine, God repeated the promise. Then one day the Lord appeared. The coming birth was announced. Sarah heard it and laughed. She was responding from her knowledge of human potential. The Lord heard the laugh and said, "Why did Sarah laugh?" Then we hear the crux of the matter. "Is anything too hard for the Lord?" (Gen. 18:14) That is the point of this whole narrative: God's power to create life anew. And the result of such faith? Isaac. Sarah, the barren one, gave birth to a child and she laughed once more. And Sarah said, "God has made laughter for me; every one who hears will laugh over me." (Gen. 21:6) God had the last laugh, and it was God who prompted Sarah to laugh again. There are two kinds of laughs in the world. There is the laugh of the cynic who lives in a narrow world of human possibility. There is the joyous laughter of the one who trusts God and experiences the impossible. Isaac was born. His name means laughter. Isaac's birth was God's joke! The tears of laughter will run down our cheeks, too, when we learn to let go of our strenuous striving to make our world secure, to carve out our places in the sun, and to achieve success and health and happiness and simply fall into the © Grand Valley State University �Easter Faith: Beyond all Human Potential Editorial by Richard A. Rhem Page 3   unconditional love of God who alone can create newness, bring peace, and cause joy to well up. There are two worlds. One is a Good Friday world. It runs on human effort and is limited by human potential. Its hallmark is the performance principle. The other is an Easter world. It operates by radical trust in the power of the life-giving God. Its hallmark is grace. © Grand Valley State University � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Richard A. Rhem Collection Description An account of the resource Text and sound recordings of the sermons, prayers, services, and articles of Richard Rhem, pastor emeritus of Christ Community Church in Spring Lake, Michigan, where he served for 37 years. Starting in the mid 1980's, Rhem began to question some of the traditional Christian dogma that he had been espousing from the pulpit. That questioning was a first step in a long and interesting spiritual journey, one that he openly shared with his congregation. His journey is important, in part because it is reflective of the questioning, the yearnings, and the gradual revision of beliefs that many persons in this part of the century have experienced and continue to experience. It is important also because of the affirming and inclusive way his questioning was done and his thinking evolved. His sermons and other written and spoken materials together document the steps in his journey as it took a turn in 1985, yet continued to revolve around the framework and liturgies of the Christian calendar. Subject The topic of the resource Clergy--Michigan Reformed Church in America Christ Community Church (Spring Lake, Mich.) Religion Interfaith worship Sermons Sound Recordings Creator An entity primarily responsible for making the resource Rhem, Richard A. Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/514">Richard A. Rhem papers (KII-01)</a> Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives. Contributor An entity responsible for making contributions to the resource Kaufman Interfaith Institute Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Language A language of the resource English Type The nature or genre of the resource Sound Text Identifier An unambiguous reference to the resource within a given context KII-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1981-2014 Format The file format, physical medium, or dimensions of the resource audio/mp3 text/pdf Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RA-4-19880401 Date A point or period of time associated with an event in the lifecycle of the resource 1988-04-01 Type The nature or genre of the resource Text Title A name given to the resource Easter Faith: Beyond All Human Potential Publisher An entity responsible for making the resource available Perspectives: A Journal of Reformed Thought Creator An entity primarily responsible for making the resource Richard A. Rhem Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Language A language of the resource eng Description An account of the resource Editorial created, delivered, or published by Richard A. Rhem (Dick) on April 1, 1988 entitled "Easter Faith: Beyond All Human Potential", it appeared in Perspectives, April, 1988, p. 3. Tags: Easter, Trust, Faith, Grace. Format The file format, physical medium, or dimensions of the resource application/pdf Easter Faith Grace Trust https://digitalcollections.library.gvsu.edu/files/original/3dce306d2fae94676df9a3d423474ebf.jpg b7f7d7856aee7edc354bf27465f91023 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Douglas R. Gilbert Photographs Creator An entity primarily responsible for making the resource Gilbert, Douglas R., 1942-2023 Description An account of the resource Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183). Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections. Date A point or period of time associated with an event in the lifecycle of the resource 1960-2011 Source A related resource from which the described resource is derived <a href="%E2%80%9Dhttps%3A//gvsu.lyrasistechnology.org/repositories/2/resources/783%E2%80%9D">Douglas R. Gilbert Papers (RHC-183)</a> Rights Information about rights held in and over the resource In Copyright Subject The topic of the resource Photographs Photography -- United States Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections and University Archives. Identifier An unambiguous reference to the resource within a given context RHC-183 Format The file format, physical medium, or dimensions of the resource Image Type The nature or genre of the resource image/jpeg Language A language of the resource eng Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-183_J100-0030 Creator An entity primarily responsible for making the resource Gilbert, Douglas R. Date A point or period of time associated with an event in the lifecycle of the resource 1969-04-06 Title A name given to the resource Easter Parade, New York City Description An account of the resource Black and white photograph of a close-up view of an Easter Parade that took place in New York, New York. In the photograph, two women and a man are standing together while dressed up for the parade with flowers and ribbons in their hair in the foreground. Scanned from the negative. Subject The topic of the resource New York (N.Y.) Parades--New York (State)--New York Easter Black-and-white photography Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/783">Douglas R. Gilbert papers (RHC-183)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Image Format The file format, physical medium, or dimensions of the resource image/jpeg Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives