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                    <text>Grand Valley State University
Veteran’s History Project
Iraq War
Ron Oakes

Interview Length: (02:10:09:00)
Joining the Guard / the 1996 Summer Olympics (00:00:23:00)
 Oakes returned from Vietnam in April 1969 (00:00:23:00)
o He went back to Grand Rapids Junior College and began looking for a job;
although he did find a job work at a GM plant, it only lasted two months
(00:00:34:00)
 Oakes found that he was not an inside worker; the day-to-day grind of
working inside a factory after being in Vietnam did not appeal to him
(00:00:48:00)
o Oakes went back to working for Herpolsheimers, a department store in downtown
Grand Rapids, Michigan and going to school (00:01:01:00)
 Oakes had worked for Herpolsheimers before serving in Vietnam
(00:01:09:00)
o He also went back to dating and meeting people; his wife had been a blind-date
the day before Oakes had shipped out to Vietnam in October 1967 (00:01:27:00)
 He looked her up when he came back because they had corresponded
while he was in Vietnam and eighteen months later, they married
(00:01:47:00)
o Eventually, by using his GI bill, Oakes went to United Electronics Institute for
ninety-nine weeks and earned a degree in electronics (00:02:13:00)
 After getting his degree, Oakes was hired by Montgomery Ward and his
first job was down on the South Side of Chicago, where he worked for the
better part of five years (00:02:28:00)
 Following Chicago, Oakes transferred to Grand Ledge, Michigan, worked
there for another three or four years, then transferred to Davenport, Iowa
(00:02:38:00)
 The company went through some downsizing and in 1985, Oakes lost his
job, so he and his family moved back to Grand Rapids (00:02:51:00)
o Oakes tried several different jobs and eventually got into computers working for
his brother, who he worked for five years before a position opened up at Grand
Rapids Public Schools doing computer repair; he took the job and worked with
the school system for seventeen years before retirement (00:02:59:00)
 During his first thirteen years of marriage, Oakes and his family moved ten times;
however, when they moved back to Michigan, they settled, bought a house and after
about a year, Oakes decided he needed a little extra income when he retired, so he
considered joining the Michigan National Guard (00:03:34:00)
o In December 1985, he joined the Michigan National Guard in Grand Rapids,
specifically the 46th Infantry Brigade Headquarters as a truck driver for the
Brigade commander (00:03:56:00)

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o Because he had already been in the service, when they sent him to MEPs in
Lansing, Michigan, it was a walk-through; they put him at the front of every line
and he went though the process quickly (00:04:09:00)
 MEPS = the medical evaluation prior to join the Guard (00:04:30:00)
o Oakes had the choice of either Army or Air National Guard, although the Air
National Guard was primarily prior-service Air Force personnel (00:05:01:00)
o The difference between the Guard and the Reserves is that in the Guard, they
mobilized the entire unit, whereas in the Reserves, they could take individuals to
back-fill someone who went on leave (00:05:09:00)
 If they were needed, then the Guard mobilized the entire unit
(00:05:39:00)
The first few years in the Guard consisted of weekends drills and two weeks at Camp
Grayling, Michigan (00:06:01:00)
o After joining in 1985, Oakes went through a cold-weather school in 1989 and in
1991, during the Gulf War; Oakes unit was put on alert to be mobilized
(00:06:07:00)
 However, when the President shut the operation down after one hundred
hours, all the mobilizations and alerts reversed (00:06:21:00)
 Had they needed to go, the unit would have gone to Fort McCoy,
Wisconsin, where they would have spent six weeks getting additional
training before shipping out (00:06:31:00)
In 1996, Oakes and his unit provided security for the 1996 Summer Olympics, a
experience a lot of the people in the unit enjoyed (00:06:53:00)
o Oakes’ unit’s headquarters company did not go, but most of their companies did,
so Oakes served as backfill with them (00:07:04:00)
o It was a fun experience; Oakes enjoyed meeting people from other countries and
seeing how the Olympics ran from the inside (00:07:19:00)
o Oakes’ unit provided security for a lot of venues, including marksmanship and
badminton, and their last few days were spent guarding the Marriott in downtown
Atlanta, which was the headquarters of the Olympic Committee (00:07:27:00)
 They inspected vehicles for bombs and contraband; they found two
concealed weapons while they were there and there was one person who
was unfamiliar with the packing garage layout and came out the wrong
way (00:08:01:00)
o They used a lot of different facilities to house the Guard units, including an old
Delta hanger at the airport, as well as public schools on the outskirts of the city;
Oakes’ unit stayed at Peachtree Elementary in the city of Peachtree (00:08:40:00)
 In the school, they took all the desks out of most of the classrooms and put
about sixteen cots and a hanging rack in the room, converting the
classroom into a squad bay (00:09:05:00)
 They used the kitchen and gym floor for eating around the clock because
there were always people leaving (00:09:25:00)
 The soldiers’ days usually began at three in the morning and ended around
six in the evening; after getting up, cleaning, eating and getting dressed,
the soldiers got on a bus that took them to their venue (00:09:34:00)

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The soldiers arrived at the venue an hour before the competition
started so they could receive different security briefs before they
got to their position; when they were leaving, the soldiers had to
brief the people coming to replace them (00:09:46:00)
 It was typically fourteen hour days, plus an hour and a half bus ride
from the barracks to the venue (00:10:06:00)
 The city contracted with the local schools and used their buses to
move the soldiers; naturally, traffic in the city was heavy
(00:10:28:00)
o All the soldiers had to wear name-badges, large placards with their name and
picture on them (00:10:38:00)
 If the soldiers took the subway on a day off, the badge got them free
transportation on the Atlanta subway system (00:10:49:00)
o The soldiers did try and get in to see the diving competition; there were tickets
reserved for the security forces but they were seven to eight hundred dollars,
discounted, so not a lot of the soldiers bought any (00:11:04:00)
o The soldiers did walk around, including going through the park where the bomb
went off about two hours before the explosion (00:11:24:00)
 They woke the soldiers up that night and did a headcount to make sure
everyone was accounted for; after the headcount, Oakes called home and
his whole family was up watching the Games, so they knew about the
explosion before he did (00:11:30:00)
 Oakes let his family know he was fine; he was in the park but he
got out before the explosion (00:11:49:00)
 The troops’ concern was they were going to have to stay a little longer
because they were going to beef up security; however, the next morning,
the unit was due to rotate back to Michigan and the next day, the unit went
down to the airport and back to Michigan (00:11:54:00)
Oakes was thirty-five years old when he joined the Guard in 1985 (00:12:38:00)
o There was a range in the ages of the soldiers in the unit; there were a few Vietnam
veterans, including Oakes (00:12:46:00)
o A person’s entry into the Guard depended on when they could retire and Oakes
made it in by seven months; they took a person’s age and added twenty to it and
that number had to be less than fifty-five (00:12:54:00)
 The mandatory retirement age in the Guard is sixty and when Oakes
turned sixty, at the end of the month, he was retired (00:13:06:00)
o Oakes entered the Guard as an E-4, a specialist; he got out of the Marine Corps as
an E-4 Corporal and in the Guard, he went from an E-4 to and E-8 (Master
Sergeant or First Sergeant) before he retired (00:13:21:00)
There were people in the unit who were just out of high school and the people with
higher ranks were generally people who had been around longer because it took a long
time to reach those ranks (00:13:53:00)
o A lot of people who joined were also the veterans because at that time, Vietnam
had only been over for about twenty years (00:14:06:00)

�


o On the other hand, there are a lot of soldiers in the Guard who have never been in
combat or deployed, through no fault of their own; because of the field they had
chosen, such as logistics, there is not combat requirement (00:14:15:00)
 There are presently even one-star generals in the Michigan National Guard
who have never mobilized because their job has never called for it, despite
them being excellent leaders (00:14:35:00)
The Michigan National Guard currently has some really good leadership and had Oakes
not been forced to retire, he would still be in the Guard; presently, he does contract work
with the state logistics department (00:14:51:00)
The standard commitment for anyone in the Guard is one weekend a month, both
Saturday and Sunday with the possibility of Friday depending on the circumstances, and
fifteen days of annual training at Camp Grayling (00:16:14:00)
o Because of the on-going conflicts, the Army has changed the process to the point
that some units have annual training three or four times a year, cutting down on
the amount of time they need to spend at another base, allowing a unit to deploy
to Iraq or Afghanistan in half the time (00:17:04:00)
o Any problems are solved before the unit deploys to its advanced base
(00:17:29:00)

Post-9/11 Operations / Iraq Deployment (00:18:05:00)
 When the attacks on 9/11 happened, things “really started popping” (00:18:05:00)
o Not much happened in Oakes’ unit specifically, apart from being command and
control for the entire brigade; however, a lot of their infantry units were called up
as well as some of their support units, such as: engineering units, transportation
units and maintenance units (00:18:09:00)
 At that time, the brigade also had some armored units and they were called
up along with the infantry battalions, many of whom ended up in combat
zones overseas (00:18:23:00)
o Every day, the soldiers in the unit were waiting for the phone call saying that the
orders had come down and to stand-by for mobilization (00:18:39:00)
o In the Guard, different components of a brigade can be called up at different times
and after 9/11, the transportation units were called up first, just a matter of days
after the attacks (00:19:22:00)
 The brigade’s support units went first because the Army needed
transportation and maintenance before the infantry arrived (00:19:50:00)
 The last two units in the brigade were the last two units that the Army
needed; a lot of the units in the Guard were support units that the Army
did not need during peace-time on a base because there were civilian
contractors already doing the jobs (00:20:04:00)
o Once a unit was called up, after a certain amount of time, the brigade was no
longer in command of them; they could still communicate with the unit but the
unit now belonged to the U.S. Army (00:21:09:00)
o In the beginning, the units were typically going for thirteen months with the
knowledge that it could increase to eighteen months depending on the
requirements (00:21:44:00)

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If it was going to be a long, drawn-out war akin to World War II, the
commitment could be open-ended (00:21:55:00)
 Oakes’ orders when he want to Iraq in 2005 said he was activated for up to
seven hundred and sixty-five days, well over two years; the Army could
have kept him and the other soldiers in his unit for that long but a normal
mobilization was for twelve months (00:21:57:00)
A few years ago, Oakes’ old brigade deactivated and its units moved to other brigades
throughout the state; different Guard units are constantly moving from different
commands (00:22:51:00)
o A unit would deploy, come home for two or three years at the most, then deploy
again; just about every Guard unit in Michigan has served time in Iraq at least
once and some as many as three times (00:23:06:00)
o Presently, most of the Guard units preparing to deploy are deploying to
Afghanistan instead of Iraq (00:23:22:00)
o On occasion, the Guard does move a single soldier from unit to unit based on his
or her commitment (00:23:42:00)
 One time, there was a transportation unit in Kansas that could only field
one platoon out of three, so Guard units in Michigan and Massachusetts
each sent a platoon; when the unit deployed overseas, the unit had three
platoons from three different states (00:23:53:00)
 Guard units in different states all training on the same equipment, so it was
not difficult to insert the out-of-state platoons (00:24:22:00)
Following 9/11, the number of people attempting to join the Guard increased
(00:24:42:00)
o Even now, there is still higher levels of enlistment; a few years ago the Guard had
to shut down enlistments sixty days early because they had completed their yearly
quotas (00:25:01:00)
o Enlistments had stayed up because a lot of kids coming out of high school join
because of the educational benefits; a lot of colleges end up giving discounts to
military personnel apart from the regular GI bill (00:25:46:00)
 When Oakes attended college, his GI bill paid for part and the college had
a program that paid for the rest; Oakes joked with his wife that he did not
pay more than two thousand dollars for his education, although on the flipside, it took him eleven years of a single course a semester to obtain his
degree (00:26:09:00)
Eventually, Oakes was called to active duty to assist in shuffling units around throughout
the state (00:26:48:00)
o However, because he needed additional training, Oakes went to a base in Helena,
Montana and trained at an Army Reserve course in the end of July / beginning of
August for two two-week classes (00:27:04:00)
o He came back to Michigan on a Wednesday, went back to working at the National
Guard Armory, and as he was leaving on Friday, a soldier ran out and told him he
had been mobilized, although Oakes did not believe him (00:27:43:00)
 Oakes went back into the armory and read the e-mail, which told him and
another soldier to stand-by (00:28:04:00)

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Oakes started driving back and forth to Detroit because it was September and the unit’s
activation date was Oct. 8th and its movement date was Oct. 11th to Fort McCoy,
Wisconsin (00:28:13:00)
o Realizing he did not have much time before he deployed, Oakes spent three days
at home organizing his personal affairs and four days in Detroit with the Guard
unit; Oakes knew what his MOS (Military Occupational Specialty) was within the
new unit but he needed time to get to know the other soldiers (00:28:33:00)
o The new unit was around sixty members strong and Oakes and two others ended
up leaving on Oct. 8th as an advanced team to Fort McCoy, while the rest of the
unit came over on the 11th (00:29:04:00)
 Going away at the airport was better than when Oakes left for Vietnam; he
had around fourteen family members at the airport when he flew from
Grand Rapids to Chicago (00:29:18:00)
Oakes flew from Grand Rapids to Chicago, meet the other two advanced team members
from Detroit, and all three flew to an airport near Fort McCoy (00:29:30:00)
o While the unit was at the base, they received additional soldiers and equipment,
packed their equipment and received extended training, which included “liveconvoy training”, when the soldiers used live ammunition against the targets
(00:29:46:00)
o The unit was at the base for Thanksgiving, although Oakes’ family ended up
visiting the weekend before Thanksgiving (00:30:15:00)
On Dec. 1st, the unit’s advanced team of twenty soldiers, which Oakes was part of, took
off from Wisconsin on a Miami Air commercial airline that the government had
contracted (00:30:30:00)
o The flight had to land early because the battalion commander had a heart attack,
so the plane landed in Buffalo, New York; the commander and a sergeant stayed
behind and both eventually got transportation from Fort Drum and arrived in
Kuwait about three days after the rest of the soldiers (00:30:55:00)
 Because he was the First Sergeant, Oakes ended up carrying the
commander’s 9mm pistol over to Kuwait (00:31:41:00)
o The flight also stopped in Iceland for refueling around one or two o’clock in the
morning and in Budapest, Hungary (00:31:53:00)
 Normally, the plane is allowed to taxi to the ramp for the terminal and the
soldiers allowed to deplane, walk around the terminal, and buy souvenirs,
etc. but for some reason, in Hungary, that was not the case (00:32:08:00)
 They left the plane on the tarmac and had a cleaning crew come out to
clean the plane, as well as restock it with water and food, before the plane
took off again (00:32:20:00)
o The route of the flight took the soldiers over Iraq and they flew over Baghdad in
the dark before landing at the Kuwait International Airport (00:32:33:00)
At the airport, the soldiers boarded buses that took them to Camp Virginia, which was a
staging area for all soldiers going into Iraq; even foreign soldiers from NATO traveled
through the camp before going into Iraq (00:32:47:00)
o The soldiers could tell the NATO soldiers because of their uniforms and like the
Americans, they had their nation’s flag on their sleeve (00:33:03:00)

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o The advanced team stayed at Camp Virginia for two weeks before heading into
Iraq proper (00:33:12:00)
 While at the camp, the soldiers went through live-fire training again,
although this time they spent the night in the desert (00:33:20:00)
 The first night the soldiers spent in the field, there was a rather
powerful thunderstorm and they were all worried because they
were sleeping on cots under ponchos next to the trucks made out of
metal (00:33:36:00)
 Before the storm happened, the soldiers saw light darting around in
the sky and at first, they thought the lights were long-distance
aircraft but several years later, Oakes deduced that they were
small, unmanned observation drones used for security along the
Iraqi border (00:34:06:00)
 They made it through the training and on Dec. 15th, “went over the berm”
and into Iraq (00:35:16:00)
There were four soldiers, Oakes included, in the unit called “the crusty four”, who were
the four oldest members of the unit; everyone else was much younger than them
(00:35:35:00)
o Three of the four had been Vietnam veterans and they all managed to take
everything that was happening in stride (00:35:43:00)
o Once the soldiers finally got to their base and got settled, it became just like any
other day-to-day living routine; they got up in the morning, ate breakfast, worked
for most of the morning, ate lunch, worked during the afternoon, ate dinner, and if
they were off-duty, went back to their quarters and either watched TV, exercised,
etc. (00:35:59:00)
o The four older soldiers hung together and did their physical training together,
mostly a lot of walks (00:36:23:00)
The name of the base where the unit was stationed was “Q-West” and the base was on an
old Iraqi jet fighter base (00:36:31:00)
o After the 1991 Gulf War, the base fell under the imposed no-fly-zone and
although it had been the most modern base the Iraqis had, no aircraft could fly
from it (00:36:41:00)
 During the 1991 Gulf War, the Americans had cratered the runway so
nothing would fly and those craters still existed when Oakes first arrived
there and caused problems later on (00:36:56:00)
o When the soldiers arrived at the base, it was late in the day and they expected it to
be a functional base; instead, they were told to keep their weapons handy because
the perimeter was full of holes and although there were guard towers, they were
manned by the Iraqi National Guard (00:37:07:00)
 The perimeter was fourteen and a half miles long and encompassed the
entire base (00:37:32:00)
o The base had a ten thousand foot, heavy-duty runway, thirty-three clamshell
hangars with doors two feet thick to withstand bomb blasts, and various support
buildings, including a computer building and a personnel center (00:37:36:00)

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The soldiers later discovered several bomb-manufacturing buildings on the
base and there was also an Iraqi ammo dump outside the base itself that
took up two or three square miles (00:37:59:00)
o The base was pretty much self-sufficient, although nothing worked at that time;
when everything did work, the base had its own sewage treatment plant as well as
underground power and communication lines (00:38:15:00)
 For the power and communication lines, the Iraqis had buried between
eight and sixteen six-inch PVC pipes and ran the wires through them, with
the only way to access them through manhole covers (00:38:52:00)
 The soldiers could drive along the perimeter road and every fifty meters
was a manhole and inside every manhole was a conduit running in one
direction and a conduit running in the opposite direction (00:39:10:00)
 When the base was shut down in 1991, there was nobody there, so Turkish
Kurds came over the border and stripped everything, including the copper
from the wires in the manholes (00:39:23:00)
 They even tipped over power transformers about the size of a VW
Bug, took the copper from inside, and left the shell (00:38:49:00)
 Anything that was too big to carry they left and stripped out of it
what they could (00:40:02:00)
 The Iraqis also left a handful of MiG-21 fighter jets and soldiers from the
101st Airborne, which had occupied the base before Oakes’ unit, had drug
the planes, parked them in front of various buildings they had renovated
and used them as war trophies (00:40:17:00)
o The base had an underground power plant buried under twenty-four feet of sand,
although the fuel tanks were aboveground (00:40:48:00)
 The Americans took the fuel tanks out in 1991, effectively shutting off
power to the base (00:40:56:00)
o None of the bunkers were damaged and outside of the bomb damage to the
runway, only two buildings on the base suffered damage (00:41:24:00)
 One of the buildings was two stories tall, had an elevator in it, and was
used as a VIP building; the building had taken a cruise missile strike
because on one side, the roof had fallen on the second floor, causing the
second floor to collapse onto the first (00:41:32:00)
 The other building was what Oakes assumes was the communication
center and it too took a precision-guided strike on it; the soldiers could tell
because there was pieces of rebar but the concrete had been blown off
(00:41:55:00)
o By the time Oakes’ unit arrived, all the buildings on the base had been gutted by
one group or another (00:42:10:00)
When the unit first arrived on the base, Oakes’ main duty was, because he was the First
Sergeant, maintaining personnel and taking care of day-to-day issues; however, there was
really not a lot of work at the beginning because everyone was trying to get settled
(00:42:38:00)
o The unit had a TOA (Transfer of Authority) with the unit who had occupied the
base in which the units exchange flag and the older unit board airplanes and goes
home (00:42:51:00)

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The previous unit had started renovating one building but stopped because
they ran out of building supplies, so Oakes unit worked to get the supplies
and they built new desks and cubicles (00:43:07:00)
o In terms of living quarters, some of the soldiers had to double-up because there
were initially not enough personal quarters to go around; the individual quarters
were built in Turkey then trucked down to the base (00:43:33:00)
o It took the soldiers a few weeks to get everything organized to the point that they
were able to work properly (00:43:49:00)
Convoys eventually started steadily arrived at the base, coming down from Turkey and
up from Baghdad (00:43:53:00)
o They were rebuilding the American Embassy in Baghdad and some of the
supplies were coming out of Turkey (00:44:00:00)
 One day, Oakes went for a drive and on one of the side roads was a
convoy with massive spools of wire, all bound for Baghdad and the
Embassy (00:44:05:00)
o Most of the convoys coming out of Turkey were fuel (00:44:26:00)
 They were civilian convoys of tanker trucks and although they were all the
same model truck, each truck was painted a different color and the convoy
looked like a circus coming down the road (00:44:33:00)
 The soldier designated these “white convoys” because they were civilian
and were guarded by NATO soldiers (00:44:57:00)
o There were convoys at all of hours of the day, both day and night, and the convoy
arrivals were irregular so that the insurgents could not pick out a set time when a
convoy would be on the base (00:45:06:00)
o There were also line convoys that came from the south and brought the soldiers
supplies, such as food (00:45:20:00)
o Once the fuel arrived from Turkey, it went into a four million gallon fuel farm on
the base, which consisted of large fuel bladders buried under the sand
(00:45:28:00)
 A tanker would pull up to the bladder and pump its fuel through a filter;
the people in Turkey had a tendency to fill the tankers with both water and
fuel figuring they could get more money (00:45:42:00)
 At that time, the black market for fuel was very high because the civilian
Iraqi population needed fuel; even though the country had a large number
of oil wells, all of the refineries had been knocked out (00:46:02:00)
o The soldiers had to watch the convoys carefully because the drivers would have
hidden compartments and they would try to smuggle in weapons, booze, or drugs
(00:46:26:00)
 All the trucks drove in front of a side-scanning x-ray the soldiers had set
up and they were able to see everything within the trucks, even the
smuggled items (00:46:52:00)
 The soldiers checked all the trucks for bombs, as well as the IDs of
everyone in the truck and if they found contraband, they simply told the
driver to leave, which often scared them enough because the drivers were
Turks and there was animosity between them and the Iraqis (00:47:07:00)

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It only happened a couple of times, but that did not deter others
from trying to smuggle goods in (00:47:35:00)
 Later on, more booze was confiscated than anything, including entire
cases of Jack Daniels whisky, because all of Iraq was a dry country
(00:47:42:00)
 In the mess hall, the soldiers generally drank pop, Gatorade, and
non-alcoholic beer (00:47:52:00)
Oakes’ unit was attached to the 917th Support Group, which was then attached to a
Division, which in turn was attached to the Theater and finally the Southern Command in
Kuwait and Miami (00:48:29:00)
o A normal battalion ran between three and four companies but Oakes’ battalion
eventually reached eleven (00:49:05:00)
o About four weeks into the operation, the battalion commander re-organized the
command structure (00:49:12:00)
 Oakes’ unit was three people short when they left Michigan, so the
commander ended up bringing twelve soldiers from the different
companies to “beef-up” Oakes’ unit (00:49:20:00)
 Over time, the commander moved the experienced soldiers around and put
them into positions that maximized their particular skill sets (00:49:52:00)
Around the end of February, Oakes became the property-book NCO for all eleven
companies in the battalion, which meant he had to get all their information transferred
from the States to his system (00:49:57:00)
o The system was an Internet system out of Birmingham, Alabama and over time,
Oakes had to get everyone into the system; however, not all the units used the
same software and as the other units converted, Oakes transferred the information
into the existing system (00:50:12:00)
o Oakes ended up getting all the units except the unit working in the ammo dump
because they were not going to convert their software until after the unit had
returned home (00:50:35:00)
 At some point, the unit converted early and when all the units were
preparing to leave, the unit came to Oakes asking for help (00:50:51:00)
 At the time, serialization accountability about sensitive materials
was high priority and some of the unit’s serial numbers did not
match with what was in their books (00:51:01:00)
 However, Oakes could not help them because he did not have their
paperwork (00:51:16:00)
As time progressed, the soldiers slowly improved the base and made things better for
themselves (00:51:24:00)
o The Airborne forces had already built a repair center and started using some of the
bunkers; the base served as the rear-area for all the helicopters stationed in Mosul
(00:51:35:00)
Over time, more and more units arrived on the base; when Oakes and the advanced time
first arrived, they were told that there was around eight hundred people on the base; by
the time their unit left, there were around five thousand soldiers per meal (00:52:06:00)
o The perimeter security changed over time as well; the Iraqi National Guard
eventually became the Iraqi Army (00:52:31:00)

�



Iraqi forces manned the guard posts during the day and at night, American
forces guarded the perimeter (00:52:42:00)
o A single man, nicknamed “the Mayor”, had the task of strictly running the base
and he acted as a liaison between the base and the various civilian support units
(00:52:51:00)
 The mayor already dictated which units would receive which buildings
and if a unit wanted another building, they had to talk with him as he
assigning buildings (00:53:19:00)
 Although there were only two damaged buildings on the base, all
the other buildings had been gutted; even the underground power
plant had been wrecked (00:53:31:00)
 After each unit received a building assignment, they moved their living
quarters near it and built dirt berms and as part of this, each unit received
its own generator (00:53:49:00)
 The generators were maintained by a civilian company, KBR, and
once a day, they would turn each machine off and check to make
sure it was running properly (00:54:01:00)
 The generators were huge because they had to supply power for
around one hundred living quarters apiece (00:54:07:00)
o The soldiers eventually improved the front gate security (00:54:34:00)
 At first, it was just a straight drive through the gate and the soldiers
modified it to create lanes divided by walls of sand so that if a truck was a
suicide bomber and it went off, the explosion would not affect the trucks
on either side (00:54:37:00)
 They also angled traffic barriers so that a vehicle had to go around each
barrier (00:54:59:00)
The soldiers did not have any incidents with insurgents apart from a couple of rockets;
one rocket exploded in the sand in the middle of the base and the other was a dud and it
landed in the sand as well (00:55:17:00)
o In the beginning, each unit was assigned a guard tower at night; however, because
there were not enough units to man each tower individually, each unit had to man
two or three towers (00:55:42:00)
 Part of the Sergeant Major and Oakes’ job was to take hot food out to the
soldiers in the guard towers and check on them (00:55:55:00)
 One night, the two men went out to a tower where there were two young
females standing guard; both the Sergeant Major and Oakes were Vietnam
veterans, so they were cautious whereas the two females were sitting in
the guard tower, smoking by flashlight (00:56:03:00)
 However, neither had been trained properly in the manning a guard
post because they were both clerks, so the Sergeant Major and
Oakes showed them what they were doing wrong and explained
that if they wanted to smoke, do it in the corner with the flashlight
pointed down (00:56:35:00)
 They never wanted to fully expose themselves in the guard tower
because if someone came through the wire, the guards could easily
be seen (00:57:06:00)

�

On the way back to the compound, the radio rang out “shots fired”
and both men realized that it was close of where they were
currently driving (00:57:26:00)

(00:58:33:00) - (01:00:15:00) Technical Difficulties


In the beginning, there was an Iraqi training battalion on the base, so there
were already Iraqi soldiers on the base (01:00:32:00)
 The night that the Sergeant Major and Oakes had delivered food to the two
female clerks in the guard tower, Oakes thought he heard gunfire when he
was walking down from the tower (01:03:39:00)
 There was an Iraqi village a few miles away from the base and
Oakes initially assumed the gunfire was someone in the village
firing into the base (01:03:47:00)
 All of the sudden, news came across the radio that there was a
wounded soldiers at the fuel dump, about one hundred yards from
where the Sergeant Major ad Oakes were driving (01:04:09:00)
 They turned around and went back to the guard tower to make sure
the two females were aware of the situation and to look out the
back of the tower, not the front (01:04:31:00)
 The two sergeants stayed at the guard tower with the two clerks for
a while, watching as vehicles moved around looking for whoever
fired the shots (01:04:48:00)
 They never did find the person who fired the shots although the soldiers
knew it was an AK-47 based on the sound it made (01:05:39:00)
 The next morning, the soldiers found an empty C-Ration container
and several empty AK-47 shells on top of a bunker (01:05:46:00)
 They could not track anyone in the desert if they wanted to unless
the had a dog, which the base did not have (01:06:03:00)
 As best anyone could figure, a soldier in the Iraqi training battalion
did not like the Americans being there and had decided to take
some potshots then sneak out through the wire (01:06:12:00)
o The base’s rear gate was not that far from where the
shooting occurred and was manned twenty-four hours a day
by Iraqi soldiers, so the shooter could have easily slipped
out of the base (01:06:22:00)
o Several years later, Oakes learned that the same bunkers the men were
investigating for souvenirs had trapdoors in them and the base was lined with
underground tunnels that none of the soldiers knew about (01:06:50:00)
 A soldier Oakes had trained with was going around taking pictures on the
inside of a bunker when he noticed a wooden chair; a couple of days later,
the soldier went back and the chair had moved (01:07:09:00)
 The soldiers put someone up on one of the other bunkers with night vision
to watch the bunker and sure enough, after two or three days, there were
people coming out of the bunker (01:07:34:00)

�



As it turned out, one the cooks at the mess hall was supplying the people
hiding in the bunker with food (01:07:45:00)
 The cooks working the mess hall were neither Iraqi nor Americans,
they were foreigners (01:09:08:00)
On Dec. 30th, a Special Forces C-130 landed on the base’s airstrip; although the airstrip
was not yet operational, planes could land on parts of it (01:09:28:00)
o The plane had come straight from Baghdad and just landed on the airstrip
(01:09:43:00)
o Normally, a pilot was supposed to circle the runway and observe it through his or
her night vision goggles to check the condition of the runway and to make sure
there were not obstacles on the runway (01:09:49:00)
 Special Forces did not act that way; they just came in and landed without
waiting (01:09:58:00)
o However, there was hole in the runway about one hundred yards from where the
plane touched down; the engineers had cleared away debris but there was still a
hole three feet deep, the width of the runway and one hundred and fifty feet long
(01:10:04:00)
o The plane landed and although the pilot tried to brake, the front wheel went into
the hole, hit the three-foot bank, and sheered off the front wheel as well as part of
the fuselage before continuing for another one hundred feet (01:10:26:00)
 Part of a wing came off and caught fire but there was only a single small
Iraqi fire truck on the base; other men were hauling handheld fire
extinguishers to put the fire out (01:10:41:00)
o There was between seven and nine people on board the plane and in the back was
a “sterile” HUMVEE without identification (01:10:55:00)
 The C-130 was also “sterile”; the numbers had been subdued to the point
that anyone could not tell who operated the plane (01:11:04:00)
o Naturally, the plane was totaled and out of the people who were on board, a
chaplain lost both his legs and died before he got to hospital in Baghdad while the
others were taken up to Mosul for injuries (01:11:13:00)
o The next day, the higher-ranking personnel were able to look at the wreckage and
as it turned out, a firefighting unit who had come from Mosul to watch against
flare-ups was from the Michigan National Guard out of Grayling (01:11:31:00)
o The wreckage sat on the runway for a couple of weeks although no one could land
on the runway anyway because it still had not been repaired (01:12:18:00)
 When they finally decided what to do with the wreckage, they first
destroyed what remained of nose and the front end, where all the sensitive
equipment was, and then dug a large hole, pushed the remaining wreckage
into it, and buried it all (01:12:26:00)

Operations in Iraq (01:13:13:00)
 Once Oakes became the PVO NCO, he began flying up regularly to Mosul for meetings
with the Theater property books; his job involved keeping track of all the equipment
coming in and out off of the base (01:13:13:00)
 There was a constant stream of trucks going south from the base to
another jet fighter base at Balad (01:13:28:00)

�



When the trucks left Oakes’ base, they were unarmored and some
independent contractors had begun armoring trucks a the base in
Balad; when the armored trucks returned to the base, Oakes had to
re-identify them (01:13:32:00)
o FOB (Forward Operating Base) Diamondback was basically the Mosul Municipal
Airport, which American soldiers had turned into a military base (01:14:14:00)
 There were not many units assigned to the base itself, apart from a medivac squadron and a MASH (Mobile Army Surgical Hospital)
(01:14:28:00)
 The helicopters were always coming and going, bringing people in
and out of the hospital (01:14:39:00)
 After a while, Oakes also noticed that remote-controlled drones also
operated out of the base (01:14:45:00)
 One evening, Oakes and some other soldiers are sitting around and
a man was guiding a drone on a tether out to the runway; on the
runway, the man unhooked the tether, walked away, and the next
thing the soldiers knew, the drone was moving (01:14:52:00)
Most of Oakes’ trips around were done by helicopter, although he did travel with a
couple of convoys (01:16:02:00)
o During the first convoy, the soldiers took some equipment down to the military
junkyard in Balad (01:16:06:00)
 Oakes and two other men rode in a truck together; one man manned the
gun turret, one acted as the truck commander and the other drove
(01:16:17:00)
 Oakes’ smaller convoy ended up linking up with a much larger convoy
heading south carrying vehicles for rebuild, empty containers, and a
couple of damaged vehicles (01:16:28:00)
 The trip took around six hours and on the way down, the convoy passed
another convoy of HETs (Heavy Equipment Transport) carrying tanks and
artillery pieces headed north (01:16:48:00)
 While the men were in Balad, they turned in all their old canvas, including
their tents, because they could sleep in the bunkers (01:17:06:00)
 However, all the canvas stayed in-country and was given to the
Iraqi Army because the Americans would not risk bringing
anything back due to the bug infestations (01:17:19:00)
 Even the soldiers’ uniforms were checked very closely when they
left the country and returned home (01:17:33:00)
 The men also turned in some inoperative refrigerators and computers left
by the pervious soldiers who occupied the base (01:17:44:00)
 The junkyard in Balad was massive, everything from broken computers up
to tanks that had been hit by land mines, as well as wreckage other
damaged and destroyed vehicles (01:17:51:00)
o Oakes also went on a couple of convoys to Mosul because they needed lumber for
building (01:18:13:00)
o Going out on convoys broke up the repetition of the day-to-day routine, which
would occasionally wear on Oakes (01:18:23:00)

�









He would wake up in the morning, eat his breakfast and then sit in front of
the computer, do paperwork, wait for an e-mail, repair something, or send
e-mails back home (01:18:29:00)
Oakes was thankful that they had computers on the base because unlike Vietnam, he and
the other soldiers were able to communicate easily with home (01:18:38:00)
o He used the computers on Sundays to call his wife at home; Oakes was eight
hours ahead of Michigan, so he waited until around four in the afternoon before
calling (01:18:43:00)
 Occasionally, Oakes called his daughter at her work as well as his other
daughter and son periodically just to talk with them (01:19:05:00)
o One of the soldiers had set up a web-cam to talk with people at home but the
others did not condone that because they had a very limited bandwidth in Iraq and
it had to be routed through the Netherlands (01:19:33:00)
 The soldiers could tell when there was a lot of people using the Internet
because the system bogged down (01:19:57:00)
o If someone was wounded or killed on the base, the commanders immediately
turned the Internet off because they did not want the information leaking out
before the next-of-kin were notified (01:20:05:00)
There was not just the eleven companies in Oakes’ battalion on the base and they had to
be sensitive to those units as well (01:20:24:00)
o One of the units was an infantry unit and every night, they would go out on
patrols of half American / half Iraqi soldiers looking for insurgents and every
morning, they would come back with somebody (01:20:05:00)
Oakes was in Iraq before the much-publicized “surge” began (01:20:54:00)
o He was in the country when the Iraqis had their first vote and has pictures of all
the ballots traveling through the base to be counted; all the villages in the area
brought their ballots to the base, where they were loaded on a helicopter then
flown to Baghdad for counting (01:20:57:00)
In some places, traveling in a convoy was very dangerous (01:21:31:00)
o The route down to Balad took the soldiers past the city of Tikrit; they had to build
a wall between the city and the road running around it because the inhabitants did
not like the Americans (01:21:32:00)
 The convoy did not stop or slow down there because Iraqis would throw
hand grenades over the wall, although the grenades would not do much
damage to the vehicles (01:22:01:00)
o The highways were dual-lane expressways designed to have trees on both sides
and in the middle; however, since the war was over, the locals had cut down some
of the trees for firewood (01:22:28:00)
 On the way back from the trip to Balad, the convoy received word that
another convoy in front of them had been hit with an IED (Improvised
Explosive Device), although the convoy was on the other side of the
highway (01:22:50:00)
 Oakes’ convoy had come down that side the day before, which meant the
IED was either planted in between or had been planted much earlier;
sometimes, an insurgent would plant an IED and let it sit for a couple of
days (01:23:03:00)

�



o After awhile, the soldiers began looking for signs of something being out of place,
like a pile of dirt and/or rocks, an abandoned vehicle on the side of the road, etc.
(01:23:20:00)
 If they saw something suspicious, the lead gun truck would call back to
the convoy so the convoy would either move cautiously or stop all
together while the gun truck investigated (01:23:40:00)
 There might be something else a mile down the road and they would do it
all over again (01:23:57:00)
o However, the insurgents began to adapt to the tactics; they realized that a convoy
would swing to the side to avoid an abandoned vehicle, so the insurgents would
place the IED across the road from the vehicle (01:24:05:00)
 The insurgents knew what was happening and were watching the soldiers
all the time (01:24:16:00)
o Along the convoy routes, the soldiers could see where the power lines had been
destroyed (01:24:33:00)
 The Iraqi infrastructure was very similar to the American infrastructure,
including power lines on the steel towers (01:24:37:00)
On occasion, there were black patches on the ground and Oakes initially assumed they
were where a vehicle had crashed or burned; however, as the patches got closer to the
road, he saw that it was oil seeping up through the ground and pooling (01:25:02:00)
o They were digging water wells on the base and had to dig five or six before they
found water; they kept finding oil (01:25:26:00)
 The majority of the base’s water came through a pipeline from the Tigris
River and went through purification (01:25:41:00)
 However, the problem with the pipeline was that it was old and every
village it passed through tapped into it so that by the time water got to the
base, there was barely anything left (01:25:48:00)
 One time, the pipe cracked and water was spraying up in the desert
like a fountain (01:26:02:00)
The convoys that Oakes went out on were during the daytime, although the base had
convoys going in and out scattered throughout both day and night (01:26:56:00)
o Each vehicle in a convoy had a GPS locator in it, so the people back on the base
knew where the convoy was at all times (01:27:06:00)
o If a convoy got hit, they would hit a panic button, turning their icon on a
television screen back at the base red and the base would get the reaction force to
the convoy as fast as they could (01:27:12:00)
 There were smaller bases all along the MSR (Main Supply Route), each
had its own reaction force and they would send the reaction force from the
nearest base to help a convoy (01:27:27:00)
o It threw the insurgents off a little bit not knowing when the base would send out
convoys but generally, at night they could not see the vehicles in the convoy
(01:27:57:00)
 The Americans could see any insurgents because they had night vision
goggles, which the insurgents did not (01:28:08:00)

�

o During the day, the soldiers might see someone walking around but could do
nothing about it, whereas if they saw someone walking around at night, that
person might be a free-fire target and the Iraqis knew this (01:28:15:00)
o There was so much supplies and fuel on the base that the soldiers had to run
convoys all the time (01:28:31:00)
 The soldiers could also only put so much traffic on the MSR; they did not
want it wall to wall with trucks because then it is akin to “shooting ducks
in a barrel” for the insurgents (01:28:41:00)
o The base also built up supplies for various operations (01:28:53:00)
 On one occasion, the Army moved into an area near the Iranian border;
one day, there is nothing there and the next morning, there is a fullyfunctioning combat base (01:28:57:00)
 All the supplies for the base had been built up at Oakes’ base,
which was sending convoys every five minutes (01:29:04:00)
 Once the convoys reached the desert, they drove side by side,
causing some of the Freightliner trucks, designed only to run on
hardtop roads, to get stuck in the sand (01:29:13:00)
 Oakes’ base supplied almost all the coalition forces stationed north of
Baghdad and they moved fuel to Balad, which supplied all the forces
within Baghdad itself (01:29:36:00)
The IEDs employed by the insurgents could do major damage depending on what they hit
(01:30:10:00)
o The devices that exploded around Oakes’ convoys tended to put holes in the
vehicles or destroyed engine compartments (01:30:15:00)
o At the time, most of the devices were ordinance left by the Iraqi Army but as
Oakes now understands it, the insurgents are employing more fuel and fertilizer
bombs (01:30:23:00)
 When the Iraqi Army disbanded, they left ordinance everywhere; every
week, the soldiers destroyed all the ordinance they had captured for that
week in an explosion, although sometimes, not everyone received word
that the explosion would be happening (01:30:36:00)
 In Vietnam, if someone heard an explosion, they hit the ground; in Iraq, if
someone heard an explosion, they turned and looked at it (01:31:11:00)
o In the beginning of the fighting, a lot of the IEDs were 155 mm artillery shells
and the insurgents had a knack for putting them behind guardrails on the highway,
which added shrapnel to the mix (01:31:21:00)
 When Oakes went on his first convoy, someone had gone through and cut
down all the guardrails; the post were still there but the metal was gone,
even on some of the bridges (01:31:32:00)
o There were holes just outside the main gate where early on, someone had snuck in
and planted an IED (01:32:10:00)
o In two of the guard towers later on, the units had LRADs, which were high
quality night vision devices normally mounted on tanks (01:32:21:00)
 The “mayor” of the base had been a tanker in Baghdad and brought the
two devices to the base for security (01:32:37:00)

�








Where the LRADs were located, in a two-story guard tower and on top of
a repelling training tower, the soldiers could see the road leading into the
base and if anyone was out there (01:33:02:00)
 More than once, someone alerted someone else that there were
three people on the road, two carrying weapons and one carrying a
shovel, and they were about a mile away from the base; the base
would send out the infantry (01:33:05:00)
The insurgents also launched mortar strikes into Mosul itself (01:33:36:00)
o When Oakes’ unit first arrived in Iraq, they sent a four-man team to the FOB next
to the Mosul airport and another team to a different FOB (01:33:40:00)
o The team at the FOB in Mosul had not been there for more than tens days when a
suicide bomber attacked the mess hall (01:33:54:00)
 The bomber had worked in the mess hall but was let go; the next day, he
went to the mess hall wearing a bomb suit, sat down to talk with someone,
and pulled the detonator, wiping out an entire group of people
(01:34:08:00)
 Luckily, although there were some American casualties, none were from
Oakes’ unit; they had already eaten and left (01:34:20:00)
 The bomber had used a lot of ball bearings and the soldiers could tell
exactly where he was sitting because the ground is peeled back and
everything around it has holes in it (01:34:33:00)
Even as late as 2005 when Oakes unit first arrived, most of the bases where still being
built; Oakes’ unit and similar units were taking the bases over from the active-duty forces
that had occupied them since the war began (01:35:05:00)
Out of the entire time they were there, Oakes’ battalion only lost six soldiers, three to
IEDs and three to traffic accidents (01:35:26:00)
o During one the traffic accidents, a tanker truck went off the side of the road, and
rolled; the door of the truck had been pulled opened and the driver flung partially
out and when the truck rolled, the door closed and killed the driver (01:35:33:00)
o In the other traffic accident, two soldiers in a HUMVEE went to avoid an
overpass over railroad tracks being repaired by going down the hill, over the
tracks, and back up; however, it was dusty and they ended up rolling, killing the
gunner and the driver (01:35:54:00)
o The IED deaths were cause mainly from shrapnel that took out the truck
(01:36:55:00)
o There were other times that IEDs exploded but no one was killed, although the
vehicles tended to be destroyed (01:37:01:00)
 Oakes has pictures of a tractor trailer that was full of holes from shrapnel
and even when they got it back to the base, it was still leaking diesel fuel
(01:37:08:00)
The base was removed enough from any settlements, with the nearest village being three
miles away, that they did not receive a lot of incoming enemy gunfire (01:37:37:00)
o When they watched the villages through the LRADs, Oakes commented to
another Sergeant that it looked like a game on Atari because all the buildings were
green blocks (01:38:03:00)

�






o Another time, Oakes was in the guard tower and a soldier told him to look
through the LRAD, which was pointed at a village five miles away from the base;
someone in the village had started a bonfire and seven Iraqi men armed with AK47s were standing around it for warmth (01:38:25:00)
 The soldier told Oakes to keep watching a nearby bush and he saw a
rabbit, which a dog near the fire chased away (01:38:57:00)
 The soldier wanted to know what to do about the Iraqis carrying weapons
but there was nothing the soldiers could so (01:39:19:00)
 All the Iraqis carried weapons, including those who worked on the
base; they had to check the weapon into a vault at the front gate
and when left, the Iraqis got their weapon out (01:39:27:00)
Every Iraqi drove a white vehicle, both cars and pick-up trucks, although taxi cabs were
white with an orange roof (01:39:40:00)
In the middle of August, Oakes looked at a thermometer outside their building and it read
130° in the shade (01:40:01:00)
o The facilities that had living quarters in them were air-conditioned, as well as
working space; there first things the soldiers did when the arrived was to put
window air conditioners in the buildings they were using (01:40:16:00)
o The soldiers did not care about the cosmetics of an installation; if it worked, then
it worked (01:40:25:00)
The morale in Oakes’ unit was good, although some of the units they supplied did have
different problems (01:40:41:00)
o Oakes believes part of the unit’s high morale came from the food that the soldiers
received in the mess hall, which was great (01:41:14:00)
 Every Sunday was surf’n’turf; the soldiers spent a lot of taxpayers money
eating lobster and t-bone steak on Sunday (01:41:16:00)
 The soldiers still kept MREs in the vehicles for convoy duty as well as
some snack food from home but the mess hall in general tended to serve
really good food (01:41:32:00)
 The soldiers drank bottled water everywhere, never the local water
(01:41:44:00)
In early April, Oakes got an infection near his throat (01:41:58:00)
o When he went to see the doctor, she said she was not going to touch the infection
because it was near his throat; instead, she had her assistant wake the medi-vac
helicopter crew to fly Oakes to Mosul (01:42:21:00)
o While the helicopter crew was waking up, Oakes went back to his area, got his
overnight bag, got on the helicopter and flew up to the hospital in Mosul; after
dropping Oakes off, the helicopter crew made it a worthwhile trip and picked up
some supplies they needed back at the base (01:42:37:00)
o Oakes had anticipated that he was only going to be in Mosul overnight but it took
the doctors three times to lance the boil on his neck (01:42:54:00)
 When he finally got back to his base, he had to have the area checked
every day for two weeks (01:43:23:00)
 They made him were a large bandage over the wound, even when he was
promoted from E-7 to E-8 but luckily, the doctors got everything out
before he left for leave (01:43:47:00)

�





On May 6th, Oakes left for leave to meet his family in Ireland (01:44:01:00)
o From his base, Oakes went to Balad, took a C-130 down to Kuwait, were he went
through the process of turning all his equipment in for storage, flew from Kuwait
to Frankfurt, Germany, spent the night there, then finally flew to England and on
to Shannon, Ireland (01:44:06:00)
o Oakes’ family ended up landing in Ireland forty-five minutes before he did
(01:44:50:00)
 Oakes stayed in Ireland for two weeks; his kids stayed for the first week
before returning to the United States, while Oakes and his wife spent the
second week (01:45:16:00)
o On the way back, the route reversed but when he got back to Balad and tried to
arrange from transport back to his base, no one knew the base Oakes was talking
about (01:45:24:00)
 He ended up getting a flight on a Sherpa aircraft, a small aircraft used to
transport freight around (01:45:42:00)
 The Sherpa pilots flew along the knap of the earth, about one
hundred feet of the ground; when they came to a power line, they
simply flew up and over (01:46:26:00)
 Oakes had flown on a Sherpa aircraft going down to Balad when
he started his leave and the pilot warned the passengers that if they
heard a snap-pop, it was just a flare; there was a short somewhere
on the plane and it was causing the plane to release anti-missile
flares (01:46:34:00)
o Sure enough, the passengers heard a pop and looking out
the window, saw flares all over the place (01:46:50:00)
o Oakes finally did get back to base, although it took him a couple of extra days
because of the complications with arranging a flight (01:47:03:00)
o Oakes had been promoted from E-7 to and E-8 just before he left to go on his
leave to Ireland (01:47:17:00)
When he returned, the soldiers were still building different parts of the base, cleaning out
and renovating buildings, etc. (01:47:22:00)
o They eventually destroyed the damaged VIP building and buried it and they
knocked down only the part that was damaged (01:47:34:00)
o On some of the buildings, they simply dropped canvas down to act as the wall,
which did nothing during dust storms (01:48:01:00)
 The base would get dust storms that made visibility near zero and because
the sand was so fine, it caused a lot of maintenance and respiratory
problems (01:48:07:00)
 When it rained, all the sand turned to muck (01:48:35:00)
Luckily, the soldiers arrived in the winter season in November and December, which
meant it was cool (01:48:42:00)
o They actually received snow in Mosul the first weekend they were there; the team
located in Mosul sent back pictures of them having snowball fights (01:48:48:00)
o A couple of mornings, the soldiers would wake up and find ice covering the
various mud puddles around the base (01:48:57:00)

�



o It would get up to 70° during the day but at night, the temperature might go as
low as 20°; thankfully, all the living quarters already had heat/cool units installed
(01:49:11:00)
The living quarters were converted conex containers; they put a floor down, linoleum on
top of that and paneling up the walls (01:49:32:00)
o All the electrical outlets were 120 volts and the soldiers had to buy transformers
for some of the equipment that was 110 volts so they could work (01:49:44:00)
o The generators all put out 120 volts and most were covered with a canopy to keep
the hot summer sun off of them (01:49:56:00)
 Oakes also noticed that all the buildings had a parking area covered with a
canopy to keep the sun off the vehicles (01:50:04:00)
Oakes did not meet too many Iraqis apart from those who worked on the base and ran
little shops near where he worked but in general, they were glad that the Americans were
there (01:50:36:00)
o Oakes had dinner with an Iraqi general who had spent seven years in prison
because he had been considered unfriendly with Saddam’s regime; the general
was in charge of the Iraqi training battalion and on time, the battalion invited
Oakes’ entire unit up to eat with them at their mess hall (01:50:50:00)
o Oakes does not recall running into anyone who was upset with the Americans
being in the country because the soldiers were helping them and the Iraqi
economy (01:51:16:00)
o They had been a country without leadership for an extended period, which led to a
lot of black market activities, such as stealing water, gasoline, etc. (01:51:25:00)
o The economic structures along the highway were similar to those in the United
States, meaning the soldiers could travel down a highway and see a strip mall;
however, the strip mall might not be up to the same standards as those in the
United States (01:51:36:00)
 None of the stores in the mall would have run on electricity because there
were no power lines running to the building (01:51:55:00)
 The fuel stations consisted of nothing more than the hoses and a meter
device with a hill behind the station, on top of which was a storage tank
(01:51:58:00)
 A road led up above the storage tank so that a only gravity was
needed to get the fuel from the tanker truck into the tank and to get
from the storage tank to the vehicles (01:52:11:00)
o All of the homes had high walls around them because of the Muslim belief that
the women are not to be looked at by anyone but the husband (01:52:28:00)
o They had houses, apartment buildings, etc. (01:52:56:00)
 Their building material was different because they had to building in the
desert and was built to withstand both the high heat of the summer and the
wetness of the rainy season (01:52:59:00)
 Believe it or not, the desert turned green during the rainy season
(01:53:09:00)
o Gypsy farmers would go through the desert and harvest
wheat they had planted in an area before (01:53:17:00)

�



o Closer to the Tigris or Euphrates, there were farms along
the both rivers with irrigation ditches; the Iraqis elevated
the plants and the let the water run alongside the mound
(01:53:35:00)
 They did not want to spray water because the water
would immediately evaporate (01:50:04:00)
o Even cities such as Balad, watering was done with
irrigation ditches (01:53:52:00)
o The only time Oakes saw water being sprayed was at the
one car wash he saw (01:54:09:00)
o On one convoy returned from Balad, the soldiers passed three kids dressed in
Western-style clothing waiting for the school bus, which surprised Oakes
(01:54:20:00)
o A lot of the shops on base were run by people from Turkey (01:54:49:00)
 The shop keepers sold a lot of pirated DVDs; the soldiers might get three
DVDs for a dollar (01:54:55:00)
 They could tell a DVD was pirated because they would be
watching it and all of the sudden, someone would stand up and
leave the movie theater (01:55:02:00)
 Other shops would sell sandwiches and pop always in sealed bottles and
cans; the soldiers never drank anything out of a fountain (01:55:12:00)
The government spent some money trying to make some things similar to the United
States (01:55:28:00)
o In Mosul, there was one little square that a restaurant that sold chicken, one that
sold hamburgers, another that sold fish and a final one that sold pizza
(01:55:36:00)
o Even in the mess hall, a major ice cream company came in and supplied ice cream
to the base (01:55:56:00)
o The soldiers did not pay for any of the food; there was tons of food in the mess
hall and the soldiers could eat all they wanted (01:56:14:00)
The soldiers eventually built a center for the convoys where everyone going on a convoy
could congregate and receive a security briefing as a group (01:56:37:00)
o They showed where the last attacks, gunfire, IEDs, etc. had occurred in the past
twenty-four hours or if there was a major battle occurring, an alternate route the
convoy would take (01:56:54:00)
o There were also refrigerators and freezers of ice, as well as cases of various food
and bottled water the soldiers could take with them on the convoy (01:57:08:00)
 The soldiers could only take so much because the vehicles tended to be
full of equipment; between ammunition and communications gear, there
was not a lot of space to move around (01:57:23:00)

Return Home (01:57:36:00)
 The soldiers arrived on the base on Dec. 15th and left on Nov. 10th (01:57:36:00)
o When the soldiers left the base, they went back to Camp Victory in Kuwait to
wait for transport (01:57:58:00)

�o Eventually, the soldiers were picked up and transported on buses to the Kuwaiti
International Airport; once they arrived at the airport during daylight, the soldiers
sat in the buses in a parking lot for several hours (01:58:05:00)
 They did not put the soldiers on a plane during daylight; the 747 airliners
were parked on the tarmac but nobody was in them (01:58:19:00)
o The soldiers eventually loaded up with five hundred people to a plane; one plane
was going west and landing in Dallas and the other plane was going east and
landing in Atlanta (01:58:34:00)
 Oakes’ plane ended up making a special trip and went to Fort McCoy,
unload the around one hundred soldiers from his unit, then continued on to
Fort Lewis, Washington to unload the rest of the soldiers (01:58:51:00)
o From Kuwait, the plane stopped in Shannon, Ireland for refueling and while in
Shannon, they opened the bar for the soldiers and everyone went there
(01:59:13:00)
 It took about an hour to refuel the plane, after which everyone got back
aboard and they did a headcount to make sure everyone was there; once
they were sure, they closed the door and continued the trip (01:59:31:00)
o The plane stopped next at JFK in New York City at four in the morning and
again, the soldiers open a bar (01:59:39:00)
o Finally, the plane arrives at Volk Field, a Wisconsin Air National Guard base near
Fort McCoy (02:00:01:00)
 It was getting cooler outside the further west they went and by the time the
plane landing in Wisconsin, it was snowing; however, all the soldiers’
gear was packed and all they were wearing was the desert fatigues, which
did not offer a lot of warmth (02:00:09:00)
 They eventually walked to a hangar through the snow and turned in their
weapons; there were soldiers there from Michigan and they took the
weapons, boxed them up, and shipped them back to Michigan so the other
soldiers did not have to carry them any more (02:00:34:00)
o Once the soldiers get to Fort McCoy, they are placed in barracks and the next day,
they go through medical inspection and then waited for transport (02:01:06:00)
o Two days later, the soldier get on buses around midnight on the 18th and as the
buses left, most of the soldiers fell asleep (02:01:33:00)
 Around daylight, they reached the Michigan state line and stopped at a
McDonalds to get breakfast; some soldiers went to a gas station next door
to get some food and the workers told them to take as much as they
wanted, it was on the house (02:02:11:00)
 When the buses got back on the road, a state trooper had his lights going
and he saluted the soldiers as they passed (02:03:53:00)
o When they got back, Oakes wife had rented a stretch limo HUMVEE that Oakes
did not know about (02:03:26:00)
o The reception the soldiers received was a lot better than the reception Oakes
received when he returned from Vietnam (02:04:04:00)
 The same four who hung out together in Iraq were all Vietnam veterans
and three were on the bus; one stayed at Fort McCoy because his wife had
a new job working in Kansas as a librarian (02:04:13:00)

�







o A few months after returning home, the unit had a ceremony and handed out
flags, trophies and plaques; a month after the ceremony, Oakes transferred out of
the unit (02:04:38:00)
o The Guard had a new job lined up for Oakes, so he went through more training
for a month and then began working as an Equal Opportunity Advisor, which
meant he made sure soldiers did things appropriately (02:04:54:00)
Oakes left active duty for a year but was called back in Apr. 2007 and was active duty for
twenty more months, until Dec. 2009 (02:05:26:00)
o He left the Guard and went back to his civilian job and retired from that job in
July; Oakes retired from the Guard on March 31st 2009 when he turned sixty years
old (02:05:43:00)
After Iraq, Oakes initially went back to the 1225th in Detroit for a month then transferred
to Jackson, Michigan as an equal opportunity advisor (EOA) (02:06:04:00)
o He needed training to be an advisor, so Oakes spent thirty days at Patrick Air
Force Base in Florida; EOA training is some of the most difficult in the military
because the soldiers were dealing with people emotions and feelings
(02:06:20:00)
o After coming home for a month, the unit in Jackson transferred to Grand Rapids,
Michigan and the commander wanted Oakes to come with him, so Oakes did so
(02:06:38:00)
o However, Oakes had not been home a month when he transferred out of the job
and into the logistics section for the state of Michigan (02:07:01:00)
o In Apr. 2007, Oakes was re-activated to do the property book duties for the 177th
MP Brigade that had been mobilized (02:07:18:00)
o The 177th came home a year later but Oakes stayed with the unit because their
property book officer for whatever reason could not perform the job; Oakes
stayed with the unit until Dec. 2008 before going back to his civilian job working
for a local school system in January (02:07:30:00)
 When the school year ended in July, Oakes retired from the school system
(02:08:01:00)
o When Oakes reached the age of sixty in Mar. 2009, the Guard forcibly made him
retire (02:08:08:00)
While Oakes was in Iraq, he would have liked to have seen more people, including going
to their homes and becoming friendlier with them (02:08:22:00)
o The hardest part was not being able to get to know any Iraqis and what their
lifestyle was like; very few of the soldiers were able to do this (02:08:32:00)
o On a couple of occasions, they sent out teams to distribute soccer balls, supplies,
etc. but Oakes’ job kept him from being able to do that (02:08:42:00)
o He also would have simply liked to get out more; in the beginning, it was a little
more hazardous to go out but in the last two or three months, it was probably safer
(02:08:59:00)
The biggest response Oakes receives when people find out he had served in Iraq is they
thank him for his service, although Oakes does not advertise that fact (02:09:38:00)

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Boring, Frank</text>
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                <text>After returning from Vietnam in 1969, Ron Oakes married, earned a degree in electronics and traveled around the Midwest working. Eventually, he and his family moved back to Michigan, where Oakes joined the National Guard. As part of the Guard, Oakes helped provide security for the 1996 Summer Olympic Games in Atlanta, Georgia and deployed to Iraq in 2005 for eleven months. While in Iraq, Oakes performed a variety of jobs, including being a property book manager for his entire brigade stationed at FOB "Q-West", a former Iraqi Air Force base between Balad and Mosul. After the eleven-month deployment, Oakes returned to the United States with the rest of his unit and continued serving in the Guard until March 2009, when he retired at the age of sixty.</text>
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                    <text>Grand Valley State University
Veterans History Project Interview
Vietnam War
Ron Oakes
Length of interview: 01:52:08:00
Pre-Enlistment (0:00:20:00)
 Born in Grand Rapids, MI on March 21, 1949; grew up in Grand Rapids and graduated from
Grandville High School in 1966 (0:00:20:00)
 Father worked for Sears and Roebuck for over 30 years (0:00:33:00)
 5 kids in the family, 3 girls and 2 boys (0:00:45:00)
 After high school, he went to Grand Rapids Junior College for a year and at that time,
Vietnam was going on and all his friends going off to war, either through the draft or
enlisting, he was the last one left (0:00:57:00)
 In June, 1967, he went to Detroit for what he thought was a physical and as it turned out, he
raised his right hand and was on a plane going to San Diego for boot camp; thought he was
going home that night and instead he was going West (0:01:12:00)
 He enlisted and was not drafted because he felt it was the right thing to do (0:01:35:00)
o He is a volunteer person and when Vietnam was there, he would not wait (0:01:42:00)
o He had a high draft number because of college but college was not working out and he
could not keep his mind on his studies and he enlisted in June (0:01:48:00)
o Rough on his parents because at the time, his father was only 38 or 39 at the time and
when Oakes turned 38 or 39 and his son turned 18, he knew how his father felt at the
time when Oakes took off (0:02:00:00)
 When he enlisted, he knew Vietnam was in Indochina and we where fighting the communists
who were trying to take over the country and we where helping a smaller country, much like
South Korea (0:02:23:00)
 In the back of his mind he knew it would be dangerous, but being 18, he did not view it as
such (0:02:53:00)
Enlistment / Training (0:03:15:00)
 Basic training was in San Diego, California at the Marine Corps recruit depot, where he went
through boot camp and then he went up to Camp Pendleton for the rest of his training
(0:03:15:00)
 Went out to California on a commercial airline from Detroit to Chicago and the aircraft was
late getting into Chicago, so they held the next flight waiting for the 12 men going to San
Diego, although the other people on the plane were understanding because they did not get
upset (0:03:38:00)
o In Detroit they gave them airline tickets and picked someone to be in charge and make
sure everyone got on the plane (0:04:03:00)
o Recruit depot had a bus at the airport to pick everyone up and the Marines knew who
was coming and they checked everyone’s name off a list; from that point on, they
belonged to Uncle Sam and they did not go anywhere without a check list
(0:04:15:00)

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At that point in time, the arrival was different from today; there was a lot of screaming and
hollering, such as “you're in the Marine Corps, you're not at home anymore, and you belong
to me” (0:04:29:00)
In boot camp, they went through a lot of training, such as how to use a rifle and how to
maneuver, and a lot of physical training, as well as classes on how to put on battle dressings
and sanitation and hygiene (0:04:50:00)
The drill instructors were Vietnam veterans that already had a tour or two in Vietnam and
returned and went to DI school and at that time, the drill instructors could be abusive and
harsh depending on what their attitude was (0:05:23:00)
o Oakes grew up saying “yes sir” or “no sir” to anyone older than him, and this made it
so he had no problem with authority while going through boot camp but some of the
people he was training with could not get the grasp of “yes sir” / “no sir” and they paid
the price for it (0:05:50:00)
If someone was overweight, the DIs placed them in a separate platoon to lose weight and they
had one instance when they were training, the fat platoon came by and one straggler collapsed
(0:06:23:00)
o They put him against a tree and being the middle of summer in southern California, it
was hot and he was suffering from heat stroke but they did not call medical attention
for the man and instead went on their 4 mile march and when they returned, he was
dead (0:06:40:00)
o Oakes's unit left and when they came back, all they saw was some people carrying a
body away (0:07:06:00)
In boot camp, they learned hand-to-hand combat using pogo sticks (0:07:16:00)
o Two guys would start and when one was knocked down, another would step in and the
man at the end had the best chance to be number one (0:07:25:00)
o Pogo sticks were long sticks with padded ends used for fighting and training for using
a rifle with a bayonet (0:07:44:00)
The original training was basic because they received more input from the instructors in the
Infantry Training Regiment at Camp Pendleton (0:08:24:00)
o Received their heavier training there, such as rifle qualification (0:08:38:00)
o Had staging battalion where they put the soldiers through a mock-up Vietnam village
which showed them how the bobby-traps were developed and what to look for and
what not to do (0:08:47:00)
o What they normally did, the American way of doing things, they changed, because
they enemy learned to use them against the American soldiers (0:09:12:00)
 If there was an opening in the forest, that was where they would go because it
was easiest and the Americans did not want to take a machete and hack a new
path (0:09:24:00)
 However, most of the time the opening was bobby-trapped and if you wanted
to get through a tree-line safe, you cut a new path and made sure it was away
from the opening (0:09:30:00)
Boot camp was 8 weeks and about 8 weeks in infantry training and after about 16 weeks, they
were allowed to go home on leave (0:09:54:00)
o Went home on leave in October and at that time, they went home in their Class-A
uniforms because the anti-Vietnam sentiment was not strong yet in 1967 (0:10:03:00)
o Being the first time he had ever been away from home, he was glad to get back and he
went around and visited family, slept in and ate a lot of good food (0:10:44:00)

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The food in the mess hall was not bad and they could eat all they wanted and
while in boot camp, Oakes had to serve the officers and the DIs their meals
which caused him to miss out on the really dirty jobs in the mess hall
(0:10:59:00)
o Already knew where he was going because his orders already told him that he was
returning to Camp Pendleton to a staging battalion (0:11:38:00)
 In boot camp he trained on the M1 and qualified on the M14 and in the staging
battalion, they trained on the M16 (0:11:46:00)
o On his last Saturday at home before returning, a buddy from junior college asked
Oakes if he would go on a blind date; Oakes agreed and went on the date, a canoe trip
in the Pine River with a woman named Cathy and they got along well, he took her
home that night and the next morning, at 7 o’clock, he was on a plane for Chicago
then on the Camp Pendleton (0:12:02:00)
Normally the staging battalion lasted 2 or 3 weeks but they had only been there for a week
before a list of people came out (0:13:02:00)
o Every morning they would fall out for formation and roll call and one morning, they
said that the following Marines step out and stand aside (0:13:13:00)
o Oakes was one of the six or eight chosen; they dismissed everyone else and told them
to get on the trucks for training and they then told the small group to get their gear
because they were returning to the main part of Camp Pendleton (0:13:24:00)
o Told that their named had been pulled and they were going to language school to train
to be interpreters, which got them out of training (0:13:39:00)
Went back and spent two, almost three weeks waiting for the Marines to get enough people in
because they need 150 men with the right test scores and when they had enough, they bused
the men up to Monterey, California (0:13:54:00)
o On the way to Monterey, some motorcyclists saw that it was military people and they
began gesturing and messing with the bus drivers but they eventually made a mistake
and getting in front of the lead bus, they slowed down too much and the bus driver
floored it and the last thing Oakes remembers was seeing the 3 motorcycles going into
the sand and the riders going flying, to which all the men on the buses cheered
(0:14:37:00)
Was not really great on language (0:15:39:00)
o At that point in time, they had cassette records with 8 inch tapes that they would listen
to and their instructors were 18 year old Vietnamese girls who trained in the
traditional clothing and who could speak enough English and naturally, very fluent in
Vietnamese (0:15:41:00)
o They went through the 12 weeks, had a good time in school, and everyone graduated
because at that point in the war, everyone passed (0:16:06:00)
o They were told by the Marines that the more they used the language in country with
the dialect, the better they would get and the Marines were right (0:16:18:00)
o While they were at the school, they were adopted by a Chinese family in Salinas,
California, who had four of the soldiers over for Thanksgiving (0:16:31:00)
 A lot of families in the area were adopting military people for the holidays and
one weekend, the family took the 4 soldiers to San Francisco, where they went
to a very fancy restaurant and the soldiers played the roles of “guards”, with
two in the front in their Class-A uniforms and two in the back, also in their
Class-As (0:16:56:00)
o Language school lasted until early 1968 (0:17:45:00)

�Deployment (0:17:51:00)
 Flew from Travis Air Force Base, north of San Francisco, to Okinawa, where they were for
four of 5 days getting shots (0:17:51:00)
o The only gear they were carrying was their clothes and the gear they would normally
be issued; they were not issued any combat gear or rifles (0:18:08:00)
o The time in Okinawa was getting their paperwork and shots done and because they
had to work on typewriters, the process took a long time and whereas nowadays, a
person will normally receive their orders with only their name on it, then, they might
put 200 names on an order because they would only type it once and then make copies
for everyone else and they always carried multiple copies of their orders because they
did not know when they would need to show someone their orders (0:18:17:00)
 One day, the Marines took the men out to a Continental airlines jet, which was contracted at
the time, and flew them on a short flight to Da Nang and when they landed in Da Nang, as
soon as they opened the door there was a stairway down and they hurried the men off the
plane because Da Nang airfield was always getting hit with mortars or rockets (0:18:55:00)
 When they were off the plane, they were taken to transit barracks, two story, wooden barracks
which were not air conditioned and only had screen windows, where they spent a day or so
there while the commanders decided where they would go as replacements; Okinawa was just
processing and the Marines did not know where they would send him until he was actually on
the ground (0:20:47:00)
 Every morning, they had a formation in the rear-area to make a head count and keep track of
people (0:21:17:00)
o One morning in formation, they began calling names off, Oakes was one, and they told
them to get their gear and be in formation at another spot in 30 minutes (0:21:26:00)
 They got on a truck and started heading south on Highway 1 (0:21:41:00)
o Around 20 minutes passed and they arrived at their new position at Camp Dong Song
Two, a Vietnamese village that was replaced by the Marine camp along Highway 1,
just south of a bridge south of Da Nang (0:21:45:00)
o The compound was the rear-area for the 27th Marine Regiment, as well as the 1st
Battalion of the regiment, with Alpha, Bravo, Charlie, and Delta companies
(0:22:02:00)
 Once the soldiers were off the truck, the commanders divided them up amongst the companies
and some of the guys were the same guys Oakes had gone to language school with
(0:22:15:00)
 The base was rudimentary (0:22:40:00)
o Some of the buildings were a 2x4 frame with canvas sides and others were a frame
with screen windows and wooden flaps that would come down at night and all had
corrugated roofs (0:22:48:00)
 These were the offices, mess hall, barber shop, and med center (0:22:58:00)
o Living quarters were GP medium tents and they had bunkers, wire, and claymores on
the perimeter and 50 meters behind that was the living area (0:23:05:00)
o There was also a berm which made it harder for the enemy to shoot at the tents
(0:23:24:00)
o If they incoming fire, they had bunkers that they could jump in, most of which were
made out of sandbags and some had corrugated metal or railroad ties (0:23:34:00)
 Assigned to 3rd Platoon, Bravo Company, 1st Battalion, 27th Marines (0:23:54:00)

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Was there as a regular rifleman that knew Vietnamese, but at that point, they were short of
radio operators (0:24:03:00)
The 27th Marines had just gotten to Vietnam themselves just a couple of weeks before and
they were short handed, which was why a lot of replacements were going to them
(0:24:16:00)
o They were on a float out of Hawaii and the President diverted them to Da Nang and
they were understrength, so they were building back up because they did not have the
critical MOS jobs: the radio operators, squad leaders, or machine gunners and as
replacements are coming in, they were filling in the positions to get up to full strength
(0:24:23:00)
o They never got to full strength; they were always around half (0:24:44:00)
The morning after he arrived, the platoon Lieutenant came out with the platoon sergeant and
asked who did not know how to operate a radio and four guys, including Oakes, raised their
hands, which was a mistake that Oakes learned, because they were now radio operators, even
through Oakes had never even seen a military radio before (0:24:54:00)
o They put them through on the job training; telling him to report to a corporal and he
would show them how to use a radio and they had a little class that showed them the
radio, how it worked, how to operate it, what to do and what a radio report was, all for
about an hour (0:25:20:00)
The next day, they were out on patrol and Oakes had eight or nine other guys out there and he
was the only one with communication and the others were in trouble because he did not how
to operate the radio (0:25:37:00)
o However, it only took him a couple of days to learn how to use the radio because his
and the other guys' lives depended on it and every chance he got, any question he had,
he asked somebody about how to use the radio properly (0:25:55:00)
Was a squad radio operator for two or three weeks and they would have two patrols a day, one
in the morning and one at night (0:26:03:00)
They were in what was termed “the rocket belt”, the area where the Viet Cong and the NVA
would shoot 120 mm rockets at Da Nang (0:26:23:00)
o All they needed was a mound of dirt to lay the rockets on a shoot it; they did not aim
it, they just pointed it at the airfield and hoped that it hit something and it was mostly
HI (Harassment and Interdiction) fire to keep the people awake (0:26:32:00)
The Marines’ job was the patrol and at night, they would go out just before dark and set-up a
position with a perimeter and would rotate as guys ate their C-rations (0:26:46:00)
o After dark, they would move from the position because the enemy saw they dig in and
the Marines had to keep it in the back of their mind that they were always being
watched, especially around Da Nang because of its civilian population (0:27:02:00)
o They would move around 100 meters and set up an ambush site because if the enemy
knew where the Marines were in the day, then they would be coming at night and the
Marines would set up on a likely trail down which they would come so instead of the
enemy ambushing the Marines, the Marines would ambush the enemy (0:27:24:00)
o Some nights they did not set up ambushes and they would just have a two to three
hour patrol in the dark (0:27:39:00)
 They always had check points to report back to the company commanders and
the radio operator had a map, knew right where everyone was going and in his
log, he would report where everyone was and then everyone knew where the
patrol was (0:27:47:00)

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o Did it day and night mainly to keep their presence in the area and to keep the enemy
off guard (0:28:02:00)
o At night, they would go down set paths but they never went down the same route two
nights in a row (0:28:10:00)
o On a map, it was divided into 1000 meter quadrants and they tried to have a patrol in
every quadrant, every day, so they could be on one side of the base patrolling at night
and be on the opposite side the next day (0:28:23:00)
o Occasionally, they would have movement and the point man would alert everyone
else, who promptly “hit the ground” (0:28:41:00)
o During the first couple of weeks, he does not recall much in the way of contact; other
units had contact but Oakes’ patrols did not and it was not unusually to have
something going on every night (0:28:52:00)
Was with the squad for a couple of weeks and was then promoted to platoon operator because
their original platoon radio operator had tipped a bobby-trap and was medevaced out and
Oakes was the next in line (0:29:20:00)
o When they had a platoon operation, then he would go wherever the platoon leader
went, whether it was to inspect a patrol base or the lines and he stayed with his
original platoon leader until the Lieutenant tripped a booby trap (0:29:37:00)
o Oakes became the platoon radio operator at the end of March (0:30:11:00)
In the first part of April, they moved up to Hue to take over some territory formerly held by
the 3rd Marines and they were still doing a lot of clean up from the battle of Hue during the
Tet Offensive (0:30:21:00)
o There were still a lot of North Vietnamese in the area and they did not care about
getting into firefights with Marines (0:30:34:00)
o Over the years, they had built a lot of heavy bunkers and a lot of fortifications in the
villages and the fortifications could not be seen from the air because the vegetation
quickly overgrew it (0:30:46:00)
They were in Da Nang for a couple of weeks and the first week of April, they were moved by
truck convoy to the Huế area, to a position south of Huế by about 6000 meters (0:30:58:00)
o They were still along Highway 1 and Oakes’ platoon was assigned the job of guarding
a bridge and part of the oil line that went from Phu Bai to Hue and their main patrol
base was across Highway 1 about 500 meters (0:31:16:00)
 The base was built on one big mound of dirt, almost 100 meters tall, from
which they could see a long way and everyone knew that they were there
(0:31:36:00)
While they were at Huế, they did a lot of “no-name” operations when a couple of companies
in line would push the enemy towards another company, essentially catching them in a net
(0:32:04:00)
During one of the operations in the 2nd week of April, around the 13th, Oakes’ platoon was
detached to stay behind and protect the company area and the other two platoons went with
Bravo and Charlie companies to sweep through a Vietnamese village (0:32:30:00)
o The units swept through the village and got ambushed and Oakes was on radio watch
at the bridge and he could hear the ambush over the circuit (0:32:52:00)
o They had 26 killed and 46 wounded on that operation alone (0:33:24:00)
o Was in more combat in his seven months with the 27th Marine Regiment than in the
rest of his tour with the 4th Marines (0:33:29:00)

�o They could hear the fighting on the radio, as wells as screaming and hollering and they
could vaguely hear gunfire because, although the ambush was a ways away, it was
flat, so the sound echoed (0:33:41:00)
o Reinforcements eventually arrived and they managed to pull the Marines back during
the night but Oakes’ company was totally decimated (0:34:20:00)
 They left 3 or 4 bodies on the battlefield because they could not get to them at
night and the next morning, they went to retrieve the bodies, which had been
stripped, mutilated, and had their equipment taken by the Viet Cong
(0:34:30:00)
o In the days following the battle, they took a third of Oakes’ platoon and put it into the
other companies and pulled the rest of Oakes’ company out of the area and into a safer
area to regroup (0:34:49:00)
 They transferred people in from other companies to beef up Oakes’ company
because they were half the strength that they should have been before the battle
and after, they were even worse (0:35:02:00)
o That was the worst time because being in the hooch and hearing the battle and not
being able to help their friends was hard (0:35:17:00)
Close Calls (0:35:36:00)
 There were few times when he got into dangerous situations while with the 27th Marines, such
as having his radio antenna shot off twice (0:35:36:00)
o One instance, they were on a patrol, it was raining and they started taking sniper fire
and there were only eight men in the patrol (0:35:50:00)
 They hit the ground behind some logs and when Oakes went to use the radio,
he could not; the Viet Cong had a captured radio on the same frequency and
they kept flicking the microphone and when Oakes heard that, he knew that
they had been compromised (0:35:59:00)
 He went to go to the secondary frequency and he heard the same thing; the
NVA were effectively jamming the radio signals (0:36:15:00)
 The 8 men were in a circle, in the rain, taking sniper fire and they sat there for
two hours and because the NVA did not know the Marines’ true strength was,
they did not rush them (0:36:21:00)
 After about 2 hours, the sniper fire stopped and they retraced their steps and
got out of the position (0:36:34:00)
o That was the first time that Oakes was a little leery of how long he was going to be in
Vietnam (0:36:42:00)
o Another time, he stepped on a booby-trap 105 round that did not go off and Oakes was
very fortunate because it would have taken out four of the Marines (0:36:50:00)
 They were on a patrol in the 327 area because the Marines had moved them
back to a desert / sandy area near the coast and they were keeping fifteen to
twenty feet apart (0:36:58:00)
 Oakes was always behind the Lieutenant, either to his right or his left,
so that he could get the radio to the Lieutenant as quickly as possible of
they got attacked (0:37:18:00)
 They were walking and the Lieutenant must have just missed stepping on the
bobby-trap (0:37:35:00)
 They never walked on the paths because that was where the Viet Cong placed
the punji sticks and trip wires (0:37:43:00)

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Oakes was on one side and the Lieutenant was on the other and Oakes’ side
was where the hole was and Oakes stepped on the trap, a C-Ration sleeve, a
105 round, and a board with a nail in it, and if he pushed down in the cone, the
round would have exploded (0:37:54:00)
 He stepped on the edge and pushed the round away and as he felt himself
going into the hole, he instinctively fell to his left because he had the radio on
his back and as soon as he fell, he crawled away as fast as he could in case the
trap had a delayed fuse (0:38:25:00)
 Oakes made a noise and Lieutenant, seeing what was happening, dived as well
and soon everyone else on the patrol was diving for the ground (0:38:52:00)
 The Lieutenant and Oakes crawl back to the hole and seeing what was in the
hole, move away because they feared a Viet Cong would be waiting nearby
with a detonator but as it turned out, nobody was around (0:39:07:00)
 Oakes took a couple of pictures of the trap with a camera that he carried and an
engineer with the patrol had some C4 with him and he put C4 around the cone
(0:39:32:00)
 Nearby was a trench that a bulldozer had dug because whenever they had
finished a firefight, a small bulldozer was helicoptered in to dig a trench for the
Viet Cong bodies (0:39:56:00)
 There was nothing in the trench and after setting up a perimeter with soldiers
look in every direction, they yelled fire in the hole to alert everyone to what
would be happening (0:40:15:00)
 While they were in the trench, someone suggested that it would be
funny if the Viet Cong had rigged the trench to explode when the
booby-trap did (0:40:34:00)
 Everyone got out of the trench and after lying flat on the ground, the
Lieutenant had the engineer explode the booby trap and luckily, the trench did
not explode as well (0:40:56:00)
o Booby-trapping the hole would have been something that the Viet Cong did because
they knew the patterns of the American soldiers (0:41:06:00)
 Americans always took the easiest way and this got a lot of people killed in
Vietnam because either they were not think or they were thinking Stateside, i.e.
the easy way (0:41:27:00)
o Had a B-40 rocket impact a wall near him (0:41:50:00)
 During Operation Allenbrook, they had a unit in the middle of the rice paddies
with a perimeter and some amtraks and the unit got hit during the night and
Oakes unit was about 500 meters away in a hamlet (0:41:57:00)
 A Viet Cong fired a B-40 at an amtrak and the rocket went over the top of the
Am-Trac (0:42:19:00)
 Oakes’ unit was watching fighting because the commanders feared that the
Americans in the rice paddy would mistake them for the enemy and shoot at
them and they watched as the rocket came towards them and impacted on a
wall behind them (0:42:23:00)
o Within twenty-four hours after the rocket incident, after the battle in the rice paddy,
Oakes’ unit received intelligence from a village that about fifty NVA were moving
south and since they had not been in a battle, it was their job to sweep the battlefield
and move south and attempt to capture the fifty NVA (0:42:42:00)

�

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About Ninety minutes after they started, they were two klicks south and they
had contact with an aerial observer who tells that he sees the NVA moving in
the open and he says that he is calling in some fixed wing aircraft (0:43:05:00)
 They were watching at the edge of rice paddy dike and Oakes is listening to the
observer, who gives him the coordinates of the NVA, which Oakes showed to
his Lieutenant, who told him that those are the unit’s coordinates (0:43:26:00)
 The unit turned and watched as a pair of A-4 Skyhawks came around and
towards them and the Lieutenant yelled for everyone to get down and the first
A-4’s bombs impact in the woodlands beyond the dike and the men can hear
the shrapnel sailing over their heads (0:43:51:00)
 As the second A-4 came around, Oakes was yelling into the radio and
everyone else was popping their smoke grenades (0:44:25:00)
 The pilot must have got the word because he did not drop the bombs and he
began wiggling his wings (0:44:46:00)
 The flyboys would protect the infantry and the infantry would do
anything to protect them (0:45:25:00)
On Go Noi Island, his platoon was in a company perimeter for the night during another “noname operation” an at about 1 o’clock in the morning, he got a radio call from one of the
squads saying that they saw campfires to the north (0:46:02:00)
o The Lieutenant and Oakes went out the perimeter and got into a foxhole with one of
the soldiers and sure enough, about 1000 meters out, they could see the campfires and
it was obviously not Americans (0:46:31:00)
o Right off the bat, the Marines know it is a ruse because the NVA knew where the
Marines were and they would not build campfires; the NVA were just trying to get
someone’s attention to see what was going on (0:46:43:00)
o First, the Marines alerted the other units at the south end of the perimeter to keep their
eyes open because there was something going on and it might have been heading their
way (0:46:56:00)
o Meanwhile, the Marines called in “Puff the Magic Dragon”, who saturated the
campfires and if anyone was building the campfires, they did not survive (0:47:05:00)
 “Puff” could put down one round every square foot and could cover the area of
a football field in four seconds (0:47:12:00)
 At that point, “Puff the Magic Dragon” was a C-47 converted with Miniguns in
it that would fly at a bank and in such a way that all the firepower was
concentrated in one position (0:47:21:00)
 They could see a red line from “Puff” to the ground, this was from tracers, but
in between every tracer were four other bullets and from a distance, all they
heard was a “whirring” noise (0:47:41:00)
o “Puff” fired for about 10 minutes and there was no chance that anyone was alive down
by the campfires, if there was anyone to begin with (0:48:01:00)
o Believes that the NVA knew what the Marines would do, so they lit the fires and got
the “heck out of Dodge” and they knew that the Marines would retaliate with artillery,
aircraft, or something (0:48:10:00)
o The whole perimeter was then on alert and nobody was sleeping and around three
o’clock, they received a call from the squad on the south end; they had movement in
from of them (0:48:25:00)
 They figured that something would happen somewhere and here came the
movement (0:48:39:00)

�

o The squad on the perimeter kept watching as the movement got closer and they started
seeing crawling bodies in the moonlight and at three o’clock, someone blew a whistle
or a horn and the enemy all stood up and charged (0:48:48:00)
o The Marine M60 gunners were ready for them and all the Vietnamese had homemade
grenades wrapped around their waists, so as soon as the first Vietnamese stood up, the
machine gunner hit him in the belly and exploded the grenade and started a chain
reaction and they later learned that the first Vietnamese was blown in half
(0:49:02:00)
o As Vietnamese were attacking, Oakes was sitting in a bomb crater holding two radios
because the other radio operator went with the Lieutenant to the line and leaves were
falling around him from the bullets flying over him (0:49:45:00)
 Had one radio in each hand talking to both the company and the battalion to let
them know what was going on and he was trying to be as calm as he can while
ducking into his flak jacket (0:50:03:00)
 Looking back, it was slightly comical how he was able to be so calm in the
middle of the fight (0:50:24:00)
o While the fighting was happening, the battalion was preparing a reaction force to
come at first light, 5:00-5:30 in the morning and the firefight continued for the rest of
the night (0:50:50:00)
o The NVA never got into the perimeter and apart from a few scratches on some guys,
Oakes’ platoon came out of the fight okay and the next day, they counted 24 dead
NVA (0:51:05:00)
o The tragic part about the fight was near the tail-end of the fight, they called in their
own 81 mm mortars and the first round dropped inside the Marine’s perimeter
(0:51:25:00)
 The unit’s corpsmen had been moving around the whole night and when they
returned to their position, the mortar round struck the tree above them and
blew both their heads off (0:51:37:00)
 Oakes knew them and he collected their bodies (0:52:04:00)
Does not think that they ever got use to what they saw; they buried it, which is why there are a
lot of soldiers are with problems, and they did not have time to think about it, only time to
react (0:52:28:00)

Go Noi Island / Operation Allenbrook (0:52:52:00)
 During Go Noi Island, they were at another base / patrol area with a perimeter, it was raining
heavily and 81 mm mortars were shooting illumination rounds out because there was
movement outside the perimeter (0:52:52:00)
o Oakes was on radio watch with the platoon sergeant and they had dug a small hole for
2 people that had begun filling up with water and all of the sudden, a mortar misfired
and the round went straight through the poncho covering the hole and landed between
Oakes and the sergeant and although it threw mud into the ears of the sergeant,
causing him to be medivaced out, it did not detonate (0:53:07:00)
o When the round landed, both men said a few quick words and they got out of the hole,
leaving everything behind, even the radios (0:54:01:00)
 Go Noi Island was south of Da Nang during Operation Allenbrook (0:54:24:00)
o All companies from all battalions in the 27th Marine Regiment eventually rotated in
and out of the island (0:54:34:00)

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



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o Was an NVA staging area for attacks on Da Nang, with the 36th and 38th NVA
Regiments there, hardcore regulars not apt to run away like the Viet Cong; they would
stand and fight, which cost the Marines a lot of battles (0:54:38:00)
o The NVA would wait until the Marines were right on top of them and then ambush
them (0:54:57:00)
 They knew that the Marines could not call in air strikes and were reluctant to
call in supporting fire and they would envelop the Marines and come around
the sides (0:55:03:00)
During Operation Allenbrook, the company radio operator was wounded and Oakes was
chosen to replace him (0:55:19:00)
o The next day, the man that Oakes chose to be his replacement in the platoon went out
on a platoon patrol and they were not gone more that 30 minutes before they heard an
explosion; the replacement had tripped a booby-trap (0:55:32:00)
 The trap exploded behind him and the radio absorbed most of the shrapnel, but
the back of soldier’s legs and arms were torn up and the trap also took out the
platoon Lieutenant and the corpsman (0:56:04:00)
Operation Allenbrook was an effort to eradicate the NVA from Go Noi Island, what
intelligence called a “second Tet” (0:56:53:00)
o The Marines rotated units in and out if the area, with the 3rd Marines going first,
followed by the 27th Marine Regiment, who at one point, had all the battalions in the
regiment in the area because the fighting was so heavy (0:57:26:00)
o There was fighting almost every day (0:57:47:00)
o The “island” name was kind of bogus; it was in the rice paddies south of Da Nang and
a river went around one side and canals went around the other (0:58:01:00)
o There was easy access to the island and NVA troops had been on the island for a while
because during the Marines’ search and destroy mission, they found hospitals, R&amp;R
centers, barracks, mess halls, caches of rice and weapons (0:58:32:00)
o Eventually, the Marines finally sent in engineers with bulldozers to flatten the island
because all the villages on the island were fortified with a fort underneath and the huts
on top (0:58:54:00)
“No name” operations were hammer and sickle operations when two companies would sweep
in different parts of the island that intelligence said had a large force of movement of NVA or
Viet Cong in an area (1:00:36:00)
o They would move a company in behind the NVA, either with helicopter or marching
at night and the other two companies would march and sweep (1:00:55:00)
o On Go Noi Island, just about every sweep was successful; they had contact on all of
them and everyday on Go Noi Island they heard gunfire; somebody on the island was
fighting somebody (1:01:11:00)
o Has pictures of his unit in a tree line watching as F-4 Phantoms dropped napalm in
assistance of another unit (1:01:22:00)
 They did not know who the other unit was because they were on their own
radio frequencies (1:01:33:00)
o The only frequency he had was with battalion and he could hear the other companies
calling in and asking for assistance (1:01:35:00)
 He could also hear the platoons talking to the company and the squads talking
to the platoon (1:01:47:00)
They had good coordination although occasionally, in the heat of battle, there would be
misidentification of units (1:02:21:00)

�

o More than once, friendly fire would take someone out, whether it be an aircraft, as
what almost happened to Oakes at the rice paddy, or 81 mm mortars (1:02:34:00)
o More than once, they heard “cease-fire, friendly fire; your firing on friendly troops”; it
did not happen all the time but it was not unusually to hear about it (1:02:44:00)
o When they put in a call for support, the response from the air depended on who was on
station; most of the time it was not hard to get because it seemed like the air was full
of aircraft (1:03:21:00)
 The only problem was that artillery could not fire if aircraft were in the area
(1:03:32:00)
o Any operation they had, they were covered by artillery (1:03:44:00)
 They could be within 20 miles and still cover the Marines (1:03:48:00)
 They were attacking a tree line one time in Huế and they were taking fire from
a pagoda and they called in artillery, which was the first time Oakes had seen
their artillery firing (1:03:54:00)
 The artillery was firing air burst rounds and some of the rounds were
detonating behind the Marines, instead of in front of them (1:04:08:00)
 Any time they had artillery firing over them, the Marines got flat on the ground
(1:04:16:00)
 Artillery had several different rounds (1:04:23:00)
 Air burst rounds looked like fireworks with a puff and the shrapnel was
away (1:04:25:00)
 Rounds that detonated 3 feet off the ground and acted like daisy cutters
(1:04:31:00)
 Hard rounds that just dug a hole in the ground and exploded
(1:04:38:00)
 They were never denied fire, although sometimes, it was really quick and
sometimes it took a bit because the artillery might have been supporting
another mission and they were never told that the artillery was out of ammo
(1:04:51:00)
At Da Nang and Go Noi Island, the camaraderie was always there (1:05:17:00)
o Did not matter if it was Marines or Navy flying the aircraft, there was always
something up there, whether it be jets or helicopters (1:05:19:00)
o If helicopters were making supply runs and the Marines called in for medivacs, the
supply helicopters came in (1:05:37:00)
o One time during Allenbrook, they called in for a medevac and the helicopter that came
in had the highest ranking Marine Corps general in the theater on it (1:05:58:00)
o If there was a medevac, everything stops and they got the wounded soldiers out
(1:06:21:00)
 Believes this was why the casualty rate was a lot lower than World War II,
because they did have good medevac capabilities (1:06:24:00)
 When he was on a hospital ship, he would see medevacs come in every hour
with Every kind of helicopter, from the old Korean era to Hueys to Chinooks
to C-46s (1:06:31:00)
o Depended on whether the medevac call was routine, priority or emergency
(1:07:03:00)
 Routine was when they got a chance, stop; such as the platoon sergeant with
the mud in his ears who was not critical and in danger of death (1:07:08:00)

�

Priority was when the soldier was not in danger of dying then but their was a
possibility i.e. getting shot in the leg (1:07:22:00)
 Emergency was when the soldier was in dire straits i.e. sucking chest wound
and if they did not get the soldier out immediately, he was gone (1:07:37:00)
o The fact that the helicopters were always there gave the Marines a sense of safety and
it took the edge off of being alone cause they knew that they always had someone to
help them (1:07:58:00)
o When he first got to the squad, he was in a foxhole one night and the platoon sergeant
came up and Oakes asked when they would be getting more people in the foxholes
(1:08:10:00)
 The sergeant said to just remember that for every 1 Marine, there were 16
others in the supply chain to supply them with everything that they needed and
Oakes said that all he needed was about 3 of them in the foxhole with him
(1:08:27:00)
4th Marine Regiment / Khe Sanh (1:09:01:00)
 On September 12, 1968 the 1st Battalion of the 27th Marine Regiment folded their flag and
went home as part of President Johnson’s de-escalation (1:09:01:00)
o Everybody that still had a long time to go on their tour in Vietnam transferred to the 1st
Marine Division at Quảng Trị (1:09:13:00)
o Everyone on their second tour and the short timers went home with the 1st Battalion
but only twenty men from the battalion went home with the flag (1:09:25:00)
 However, as they stopped in Hawaii and Okinawa, the Marines added more
people to the battalion so that when the battalion was on parade in San Diego,
hardly anyone was originally from 27th Marine Regiment (1:09:42:00)
o On the 12th, they flew to Quảng Trị, specifically Dong Ha Air Force base and they
were trucked into Quảng Trị (1:10:01:00)
 Quảng Trị was the rear-area for the 4th Marine Regiment and Oakes was
assigned to Bravo Company, 1st Battalion, 4th Marine Regiment, where he
stayed for the remainder of his tour (1:10:14:00)
 In Da Nang, it was a lot of rice paddies, villages, and interactions with villagers; in Quảng Trị,
it was the North and any villages in the jungle had been evacuated and the area was a free-fire
zone (1:10:34:00)
o If they saw somebody, no matter who they were, the soldiers shot them and all the
villagers knew that the areas were free-fire (1:10:49:00)
 After they landed, they spent the first couple of days getting acclimated and being assigned to
units and Oakes had to take a convoy up to his unit at LZ Stud, Vandergrift Combat Base, on
Highway 9 and he happened to get into a truck carrying artillery rounds (1:11:18:00)
o LZ Stud was the jump-off point for the relief mission to Khe Sanh to break the siege
(1:11:54:00)
o The trip to LZ Stud was through the mountains and on dirt roads and every so often,
they would see a squad protecting a bulldozer that was repairing a hole in the road
(1:12:08:00)
 When they got to LZ Stud at twilight, the unit Oakes was assigned to was a mile further down
Highway 9, right where Highway 9 made a direct turn to the west and at the turn was a
platoon base camp with wire surrounding it and a heavy communications bunker (1:12:46:00)

�



o Right away, Oakes was assigned to the radio section because radio operators were
high priority targets and they were short and he ended up working with the platoon
radio operator (1:13:45:00)
o They never got hit in the camp because there were no NVA units in the area
(1:14:06:00)
o The second night Oakes was in the camp, he was on radio watch and a Marine came
into the bunker with a loaded weapon, intending to kill everyone in the bunker
(1:14:16:00)
 Oakes was in his bunk while the Marine raved about how he was not going to
do it any more, that he was not going back out and that they could not make
him (1:14:35:00)
 Oakes fell off his bunk and crawled out the door with the man next to him and
they went around and got the platoon sergeant who was checking the perimeter
and brought the sergeant to the door behind the crazy Marine to jump him
(1:14:49:00)
 They eventually disarmed the man and sent him to the rear and when Oakes
went to the rear in February, the man was still there (1:15:06:00)
 How the man survived Oakes does not know because there was more than one
fragging incident with men who put other men in jeopardy in the field
(1:15:38:00)
The platoon eventually got pulled back to LZ Stud with the rest of the company and a few
days later, they were out on a combat mission south of Khe Sanh, doing a search operation
looking for ammo dumps, mass graves, or current troop locations (1:15:52:00)
o Did tours like this for the rest of his time in Vietnam (1:16:31:00)
o The first time the Marines hit they did not have any contact (1:16:42:00)
o They were helicoptered into a cleared hilltop and after setting a perimeter and
receiving more troops, they would single file through the jungle on a certain path
(1:16:53:00)
o One day, the 60 mm mortars were lobbing rounds down the hill in case someone was
forming and they hit at an enemy ammo dump; they sent a patrol after the explosions
ended and they found a hut with 60 mm mortar rounds lined up on shelves and they
had hit it (1:17:0:00)
Eventually, they were pulled off those operations and back to LZ Stud for a couple of days
(1:18:14:00)
o There were three fire bases in the area: (1:18:24:00)
o LZ Russell, which they closed (1:18:26:00)
o LZ Gurkha, which was as far north and west as they could go in South Vietnam
(1:18:28:00)
 From LZ Gurkha, they could look to the west at night and see the NVA troops
moving down the Ho Chi Minh trail in Laos, however, they could not attack
them, even though they were supplies and troops going south to the enemy
(1:18:39:00)
 This did not sit well with the Marines and one time, they decided to run an
ambush to the west, so in the early morning, they went out past the claymores
and as it was, to a knoll that they though was hay but turned out to be elephant
grass (1:19:01:00)
 When the Marines were walking through the grass, they could not be
more than 10 feet apart or they would lose contact (1:19:32:00)

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Going along a trail in the grass, one of the other Marines alerted,
“beware of hole”, a three foot diameter hole that they could not see the
bottom of and that they surmised was an undetonated bomb dropped
from a B-52 (1:19:45:00)
 Someone suggested that they drop a grenade down the hole in case it
was an enemy hole but when Oakes suggested that he could not out run
the explosion if it was a 2000 lb bomb, the man changed his mind
(1:20:11:00)
They always tried to make levity of the dangerous times just to break the ice (1:20:30:00)
While he was with the 4th Marines doing the searching, resupply was hard and they were
going days without getting resupplied and they eventually ran out of water and halizone
tablets (1:20:44:00)
o If they came across a fast running mountain stream, they could drink it because it was
pure; Oakes came across a stream that he thought was moving fast enough to be pure
and he filled his canteen and a few weeks later, he had dysentery (1:20:59:00)
o After doing their searches, they put the Marines into a firebase rotation; they would be
at one base for a while then move to another (1:21:37:00)
o They were in the later part of October / beginning of November and Oakes remembers
having “bloody shits”; he could not eat or drink anything because it would go straight
through him and he lost a lot of weight (1:21:57:00)
o Oakes knew something was wrong and the only thing that the corpsman could suggest
was taking his malaria pills along with his salt pills (1:22:21:00)
o Went for a month to 6 weeks and it ended before Thanksgiving (1:22:32:00)
Mid-November, Oakes received orders to report to the rear because he has been chosen to be
the mail orderly and Oakes was glad because the job got him out of the bush and the rain
(1:22:49:00)
o He went to the rear and while waiting for the supply helicopter, he told the men that he
will get them their mail (1:23:02:00)
o After spending the night in a tent, Oakes reported to sick call because he was still not
feeling well and when he walked in, there were twelve people already there, so he got
in line (1:23:15:00)
 After being examined, the corpsman handed Oakes a form, told him to sit on a
bench and told Oakes that he had dysentery and that he was going to a hospital
ship (1:23:28:00)
o Oakes did not know the Americans even had hospital ships (1:23:48:00)
 The ships would rotate with one up near Hue taking casualties for three days
and then returning to Da Nang for fuel while the other took its place
(1:23:58:00)
o The next helicopter that came in, they put Oakes and a couple of other men on it and it
took them out to the U.S.S. Repose, where they checked Oakes in, took his clothes,
made him take a bath, gave him a hospital gown to wear and made him go to sleep
(1:24:13:00)
o For the first 3 days, he was fed in bed and he did not get out of bed, but eventually, he
became ambulatory so that he could help feed the other guys in the ward (1:24:51:00)
o Spent 4 weeks on the hospital ship, including Thanksgiving, and he saw an Australian
USO show (1:25:11:00)
o While he was on the hospital ship, his platoon was pulled out of the bush and was put
on the U.S.S. New Jersey with 3 days liberty and they were on the New Jersey waving

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at Oakes on the Repose and he was waving back, although he did not know it was
them at the time (1:25:24:00)
Was on the hospital ship for thirty days, was left out in Da Nang and eventually returned to
Quảng Trị where the regimental rear-area was, but before going back to his unit, the regiment
was in the middle of an operation and they were grabbing everyone that could fire a weapon
and putting them into an ad hoc group (1:26:09:00)
o They were going to circle a village that they had reports of deserters in a village with
Viet Cong and NVA and in the middle of a rainstorm during the night, they got off
their trucks some led the soldiers around the village, which had a perimeter at least a
mile long (1:26:44:00)
o When daylight came, they had tanks plus the soldiers, who had dug holes when they
first arrived and improved them during the daylight and they stayed for three days
(1:27:21:00)
o It was neat watching the tanks fire, which had Starlight scopes on the tank, meaning
that they could fire at night and one night, Oakes, who had gotten to know the tankers,
was called over to a tank and they showed him the Starlight screen (1:27:41:00)
 On the screen, Oakes could see a log about a mile out from which behind
enemy heads would pop up and telling Oakes to continue watching the screen,
the tankers maneuvered the turret and fired, destroying the log (1:28:04:00)
When the operation was over, the Marines were sent back to the rear and Oakes rejoined his
unit, where he served as platoon operator again (1:28:45:00)
o Rejoined his unit on Firebase Gurkha, where they went on the patrol in Laos and from
Firebase Gurkha, they returned to LZ Stud for rest, recuperation, and resupply then
went to LZ Neville, which, while at the north end of the Khe Sanh valley, was further
east and just south of the DMZ by maybe three or four klicks (1:28:59:00)
o Spent the rest of his time at LZ Neville, his last 3 weeks in the field in March
(1:29:26:00)
o Whereas LZ Gurkha was on a grass knoll and on the slope to the east was a trail that
went down to water, LZ Neville was on a mountain that was all rock that came up like
a shoe where one side was really steep and the other was sloped (1:29:44:00)
 They built a command bunker when they got there, although it was only empty
ammo boxes, steel rails, ponchos and rope and whenever a resupply helicopter
came in, the bunker blew over because the firebase itself was so small
(1:30:21:00)
 If they did not come in right, the pallet of C-Rations would go down the
cliffside (1:30:55:00)
o At night, they would drop grenades to deter anyone from crawling up the side of the
cliff (1:31:16:00)
o They thought that they had activity one night, but they never got hit and only after
Oakes left did the LZ end up getting hit (1:31:42:00)
o On the sloped part, they put out listening posts out at night, much like every night he
was in Vietnam and one night, they heard noises and threw some hand grenades
(1:31:47:00)
 The next night, about a dozen rock apes came up and started throwing rocks at
the men in the post, who could not fire back, lest they give up their position
(1:32:15:00)
o They did a run a patrol into a ravine and up a hill, and halfway up, the point man
signaled; they had run into an NVA bunker complex (1:32:45:00)

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The complex was older and no one was there but they had walked passed and
did not notice it, thus indicating how well they were concealed; they reported
the complex, turned around, and returned to base (1:33:11:00)
Around March 1st, he got pulled off of LZ Neville because he was a short-timer with thirty
days left and the Marines took him out of combat and placed him in the rear and he spent his
last thirty days as the NCO in charge of transit (1:33:31:00)
o Every other night he had perimeter guard duty and during the day, if someone new
came in, a replacement, Oakes took them to supply to get their weapon, flak jacket and
everything to get them ready to go and when they time came, he took them down to
operations so that the replacement could get on the next resupply helicopter
(1:33:44:00)
o One night when Oakes was not on guard they got hit by 82 mm mortars (1:34:35:00)
 Oakes heard the first round thump and explode and he then stuck his head out
the bunker flap and the next round landed in front of an Army bunker in front
of Oakes’ bunker (1:34:51:00)
 Oakes went looking for some new soldiers at the other end of his bunker and
he could not find them and he eventually finds them huddled in another bunker
shaking (1:36:04:00)
o Another time, when Oakes was on guard duty, they kept hearing movement in front of
them, so one night they reported it and the next night, they had an Army “Duster”, a
tracked vehicle with four 40 mm cannons, clear all the trees off of the bank
(1:36:38:00)
o Another night, they heard more noise and Oakes told the M79 soldier to fire a couple
of rounds onto the bank, as well as their machine gunner and when they do, someone
on the radio demanded to know what the firing was (1:37:29:00)
 Oakes told him that they heard noise, fired and he asked what the man was
going to do about it (1:37:49:00)
 Oakes was short, so he did not care (1:37:54:00)
o As a parting joke, on his last night on perimeter, he took out an eight man patrol with
him on point and they just went around the perimeter and returned in thirty minutes
(1:38:02:00)
The Marines flew him and a couple of others down by C-130 to Da Nang and in Da Nang,
Oakes met up with some of the men he had come in with (1:38:22:00)
o They figured out what happened to the other guys they came over with and they spent
2 days in Da Nang waiting for transport out (1:38:42:00)
o Went back through Okinawa for more shots and from there, some of the men went to
El Toro Naval Air Station in Los Angeles (1:38:57:00)
o Because Oakes was a short-timer, if he had gone home on thirty days leave and come
back, he would have only had two weeks left; instead, if someone had less than two
months less, they just discharged him (1:39:09:00)
Once Oakes got on the radio, he used his language training once; the rest of the time was used
learning how to use the radio and how to call in reports, air strikes, and artillery strikes and
they did have an interpreter with them and they used him most of the time (1:39:36:00)
He had a lot of contact with the civilian population in Da Nang but when they were in the Khe
Sanh area, they did not see any civilians (1:40:05:00)
o In Da Nang, the relations depended in the area; on Go Noi Island, they could sense the
hostility (1:40:17:00)

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o In Hue, it was totally different; when they were guarding the bridge, Oakes went to
check on the guards and when one took a break, Oakes took his place (1:40:25:00)
 Oakes heard screaming and hollering coming from the village and a lady
walked up on the roadway and came running towards the bridge carrying a
baby, that was blue and ice cold (1:40:46:00)
 The baby was dead, it had fallen into a bomb crater filled with water and
drowned, and this was Oakes’ first encounter with death and although he felt
bad, there was nothing he could do except explain in his broken Vietnamese
that there was nothing he could do (1:41:12:00)
o There were times when they would sweep through a village and everyone would be
waving and when they turned around, the Marines would trip all the bobby-traps
(1:42:00:00)
o They never went through a village where they did not find booby traps (1:42:23:00)
o When they surrounded the village looking for the deserters, the children would come
out the perimeter looking for candy, although looking back, Oakes realizes that they
were just scoping out the location of the soldiers (1:42:35:00)
Whenever they had an operation with the Vietnamese Army, they never found anything, and
if the ARVNs suddenly disappeared, the Marines knew that they were going to be in combat
(1:43:12:00)
o Oakes met some good officers in the ARVN but for the most part, their commanders
were bad (1:43:41:00)
o Worked with ARVN mostly around Da Nang and Hue (1:44:03:00)
At the time that Oakes was in Vietnam, the morale of the units was high, partly because they
were isolated from news about back in the United States, with no newspaper and radio and
they had to rely on people coming in, although they did occasionally receive Stars and Stripes
and there they read about the riots (1:44:31:00)
o For the most part, the morale of the troops in the field was good, apart from
complaining about the lack of food or water, the muddy conditions (1:45:03:00)
o As far as fighting in the war, there was very little, if any, anti-war sentiments
(1:45:14:00)
He got more worn down with the 4th Marines because it was always wet and subdued and they
were always walking and climbing (1:45:32:00)
o In Da Nang, it was not as intense, although they were under fire all the time and in the
DMZ, they were fighting mother nature more and picking up the remnants of the battle
of Khe Sanh (1:45:53:00)

Going Home (1:46:35:00)
 Landed at El Toro Naval Air Station and got discharged out of there and he went with 5 other
guys that he went with through Chicago, where they split (1:46:35:00)
o The bus driver recommended that they take off their uniforms and travel in civilian
clothes because of the strong anti-military sentiment (1:46:52:00)
 Got home and his whole family was waiting with a big sign on the house (1:47:16:00)
o He was in Vietnam and in combat one day and a couple of days later, he was at home,
so there was not a lot of transition time; the family could be sitting talking about less
important things and he could still be think about Vietnam and the patrol and the
firefight from the night before (1:47:24:00)
o Was lucky because he came home to a stable family (1:47:53:00)

�





o His father was a deacon with the Baptist church and being in the Marines had changed
Oakes’ vocabulary, so he had to watch himself and he was very cautious about what
he said (1:47:58:00)
Getting back to normal took a while (1:48:26:00)
o During a church softball game, a friend who had only been back from Vietnam a few
weeks was on first base and Oakes was on third and a car backfired in the parking lot;
instinctively, both men hit the ground while everyone else laughed (1:48:30:00)
Got back to dating girls (1:49:03:00)
o One time, he asked one girl out whom he had dated before leaving, but her father,
meeting him at the door, said that he did not trust Oakes anymore because they had
heard the stories about returning soldiers and how they treated girls (1:49:05:00)
While he was in Vietnam, he would have to write to someone about everything that was
happening and he would write to the girl he went on the blind date with before leaving for
deployment (1:49:37:00)
o Never wrote anything to his parents because they would worry (1:49:43:00)
o Eventually met up with her when he got home and they dated off and on and
eventually, they were at his parent’s house with another couple and they were going
for pizza when Oakes asked if she wanted to get married (1:50:05:00)
o She thought he meant go for pizza and he said “no”, and she said, “yeah okay” and
they got married eighteen months after he returned from Vietnam and they have three
children and five grandchildren (1:50:41:00)

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                    <text>HAST.ER PLAN UPDATE
OAKFIET.iD TOWNSHIP
1986 - 2000

PREPARED BY:
OAKFIELD TO\·llrnHIP PLANNING COMMISSION

�Oakfield Township Master Plan
1986 Update

A plnn in not a static document cast
in concrete; rather, it is a pliable
c;uide indicRting a future direction
determined lJy many people. Above all,
it i~ a process es well as a product.

�OAI~FIELD TO:·.'NSHIP PLAWH!W

Sher;yl Byrne
Bill Lutzke

Mickey Davis

Ron Johnson
Dave Herrema
Bob Robertson

COHSULTANT:
J. Paul Jones

corn ;rssron

�TADLZ OF COHTEi'iTS:

Chapter I. Introduction
Chapter II. Goals and Objectives
Chapter III. Population and Employment Projections
Chapter IV. Questionnaire Responses 211d Evaluation
or Impact

GRAP-rlICS:
1. Existing Land Use Map
2. Future Land Use Plan

�CHAPTER I
IHTRODUCTION

In the 1985 the Oakfield Township Commission determined that continuing development, changins technology and economic conditions pointed to a need
for a re-examination of the basic future potential of the Tovmship and the need for realistic
controls to assure sound development in accordance with the current needs and the desires of
the citizens.
With respect to the technical approach, the
following basic procedure was followed:
•

Sources of Data
Maximum use was made of existing data collected in recent County and Regional Planning efforts; as well as citizens' con~ents
and sue;gestions.

•

Analysis
Careful consideration was given to citizens'
comments, population projections, land use
needs, and the potential for implementation.
Circulation and environmental considerations,
and compatibility of land uses were major
determinants of land use proposals.

•

Plan Development
After needs were determined by the Planning
Commission, specific land use proposals were
developed, testin~ and revised as the result
of a public hearin~. 1·1 ajor considerations
included established directions of growth,
and the relationship of proposals to Township tax base and costs of providing services.

•

Implementation
With the re-evaluation of land develop::ient
goals, the Planning Commission intends to
guide development in the areas specified
on the Future Land Use Plan through updated
zoning, subdivision control, and Federal and
State fundin~ where applicable such as community projects, recreation funds, and eco- 1 -

�nomic development funds. Concurrently, the
maxi mur., effort will be pla.ced on carefully
controlled private development to maintain
a good livin5 environment.

•■
•I

The Future Land Use Plan documented and mapped
herein is intended to e},._--press development
cuideposts for at least the next fifteen yea.rs
with the realization that, in this period of
rapid change, a longer period may be unrealistic. The key elements of the plan are realism,
need, and the direction.
TIIE PLAN IS COJTSIDERED FLEXIBLE BUT WORKABLE •

I
I
I
I
I
I
I
- 2 -

�Cha.pter II

•
•
•
•
•II
I
I
I
I

I
I
I
I
1

GOALS JJrn
OBJi:CTIVES

Goals

Based on a careful evaluation of Township planing efforts over the past fifteen years and extended discussion by the Planning Commission, the
followins goals and objectives were developed to
serve as the basis of land use and develop □ ent
decisions •
LonG-term intent recarding the physical development of the Tovmship
1. To maintain Oakfield Township as a low density , low rise, single family community;
2. To develop the Township industrial and commercial base in a highly controlled manner;

3. To encoura6e established local enterprises to
prosper and flourish;

4. To cooperate with and promote successful
aericultural activities;

5. To anticipate and guide the location of moderate
population 5rowth;

6 . To encourage the upgrading and rehabilitation
of deteriorating residential, agricultural ,
commercial , and industrial buildings;

7. To maximize participation and input from the

citizens of the Township through circulation of
a questionnaire to property owners;

8. To keep the Master Plan documentation direct,
brief and understandable;

9. To seek completion of the Master Plan update
within 9 to 12 months;

10 . To detail essential community development
projects if any appear needed;

- 3 -

l

�11. To suomarize the major planning proposals
for promotional purposes;
12. To provide for transitional uses where cor:umercial, industrial, or public uses abut
residential uses;

13. To authorize the printing and distribution of
a generalized Future Land Use Plan Map and a
contet1porary Zoning District Map;

•
•
•
•
•
•I
I

'I

14. To perforn its review and approval in principal function monthly so that the planning
effort c£11 proceed in a direct and timely
manner, and;
15. To communicate with the Township Board monthly
as the planning effort progresses •
Ob;jecti ves

Short-range actions to implement the long-range
goals within the next three to five years •
1. By cooperation and communication with the
Township Board and the designated persons
performing work functions on a continuing
basis, to exercise sound development control
within the Township Boundaries;
2. Improvement of coornunication with all Township officials, the general public, and the
local news media.

3. Continued effort to attract cultural and esthe-

tic developments and activities to the Township;

4. To encourage continuing rehabilitation of deteriorating residential units when feasible end
removal of units beyond rehabilitation;

5. Continued protection and improvement of public
areas.

I
(

l
(

- 4 -

�Chapter III
POPULATIOi~ AND
El·iPLOYl•:SHT

PROJECTIOHS

Data on population and employr:ient are available
from different sources including:
• The overall planning effort of the West
Michir:;an Regional Planning Cor.unission,
• The

u. s.

Census data,

• Various individual Kent County studies
including the" 1984 Kent County Park
Master Plan" prepared by the Board of
Count? Road Commissioners and Park Trustees of the County of Kent,
• Data gleaned from other federal, state,
county, and local documents prepared to
support individual development projects
or programs, and
Other Federal programs available from
Government Agencies.

u.

S.

The key data source for all of these pro~rams
is the U.S. Census data released every decade.
In order to properly consider the growth potential of Oakfield Township, it is necessary to
evaluate social, economic, and population data
from the points of Federal, state, regional,
county, and local Growth patterns in the contiguous political subdivisions.
In 1980 9 the Census Bureau population count was
444,506 for Kent County. The Table which follows
compares the 1985 population growth for Kent
County for the past four decades with projections
to the year 2000. The fi~ures indicate that
Kent County population will increase at diminished rates through the year 2000.
The following table reproduced from the" 1980
Kent County Park Master Plan" indicates the
population r,rowth projections through the year
2000.

- 5 -

�POPULATION TRENDS AND PROJECTIONS*
Kent
YEAR

County

POPULATION

ANNUAL CHANGE

1950

288,292

1960

363,187

1970

411,044

1980

444 , 506**

. 81

1985

463,350***

. 85

1990

481,500***

1995

498 , 450***

. 78
. 70

2000

513,650***

. 61

2 . 60
1 . 32

*Kent County Park Master Plan
**1980 u. s. Census Bureau Population Count .
*** West MichiGan Tiegional Planning Commission Projection
Additional data on population concerns the aee of citizens .
This is critical to the development of community facilities
such as parks and cemetaries and the types of housing needed single family, two family, or multiple family.
Also impacted are the size and quality of housing and relative
density of development . These aspects of growth are related to
ac;e and income of residents explored in subsequent headings .

- G-

�COi·;:FARATIVE AGE DISTRIBUTION

1980
AGE

f·lALE

~

FETlft.LE

;,a

~.J

5

4.1

6-Q.,

3.9

1980 - 2000
2000

1990
HALE

-:,r-

FEMALE

MALE

~

F:-2:HALE
r'

~;;,

7.J

4.0

4.5

4.3

4.3

4-.1

3.6

4.4

4.2

4.3

4.0

;"?

UiJDER

10-14

4.2

4.0

3.7

3.6

4-.2

4-.0

"i5-19

5.0

5.0

3.6

3.4-

4.0

3.9

20-29

9.7

10.2

8.3

s.5

6.7

6.8

30-39

6.5

6.8

6.0

9.2

7.7

7.6

4-0-4-9

4-. 5

4.8

5.6

6.0

7.9

8.0

50-64

6.4

7.1

5.4

6.1

6.1

6.8

65 &amp;
over

4-.0

6.2

4.0

6.2

3.7

5.9

EEDIAN
AGE

TOTAL
SOURCE:

27.8
44-4, 506

30.0

40.0

481,500

513,650

u. s.

Census of Population
West Michigan Regional Planning Commission.

These fiQires indicate a slight decrease in the birth rate and
the ;youncer e.ce groups, a corresponding rise in the older aGe
groups, and an increase median age.

- 7 -

�I
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EHPLOYViEHT
In 1934, there t·Jere 232,400 employed workers in Kent
Count;r.
Umemployment
we,s 8. 7 ;j . Employment had increased by 10.25 ;~
over 1980.

i·!O?.K FORCE

1980

MAEAGERIAL
20.8 7_;

Al~D

PTIOFESSIOU./1.L

I
I
I

TECHHICAL,

SALES

AlrD

Am1naSTRATIVE
SUPPORT

30. 5

WORKERS

;-G

MAllUFAC TURING
21 • 9 95

WORKERS

SERVICE
WORKERS

26.8

%

IilCOHE
For the State of Michigan, median household incorr:e was
$19 ,223 and r.iedian family income was $22,107 per annum in 1980.
For the United States, median household income was $16,830 and
median f~~ily income was $19,908. 8.7% of the Kent County population was in the poverty level, less than both the state and
national levels.

- 8 -

�1980 IlJCOHE

KENT COUHTY

f-IICHIGAJ{

UNITED STATES

~t 19,223

$16,830

l-L:;;DIAN

HOUSEHOLD
INCOHE
l2DIAN

FAMILY
IHCOI-IE

j 19,908

Flm CE1JT
POPuLATIOH
IH PROVERTY

These .fiQJ.res
facility
needs.are inportant in evaluation of housing and community

•
•

HOUSING
Since OaJcfield Township is primarily an agricultural and residential community, the housing and growth trends are significant
in any ple..nnin[: effort •
The 1980 Census shows a total of 155,598 occupied housing units
in Kent County. By the year 2000 the projection is over 180,000
housin[; uni ts. 435'j of the present housins tini ts have been built
since 1960. There was an average of 2.8 persons per household
in
1980.
This fi~ure is expected to remain stable in the period
1985
to 2000.

- 9 -

�•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

PE.:11SC~m BY ?.ACE AND HOUSFIG trrnT COUNTS
POLITICAL
SUBDIVISIOl'T

FUMB~ O?

F.CRSOl:.'.3
1980

KENT
COlmTY

OAKFISLD

1970

2,983

HOUSING
UrIT8 1970

CiIAJWE

1970 - 1980

444,506 411,044

Tm·JNSHIP

RACE

PZR C:2:I;T

8.1 ;-j

i-Jhi te

Other

1980

403,512 165,282
40,994

2,159

2939

44

r-1
1.:J

CHANGE

1970 -

131,820

1,312
'r s-,;z. ~

80

25.41/j

900

SOURCE: U.S. CENSUS BUREAU •
SELECTED INCOME
.Al~D

HOUSII-;G

POLITICJJJ
~UBDIVISION

Ufi

COUNTS

MEDIAN
TOT.h.L
HOUSEHOLD
POPULATION IHCOM£

KEHT

cotmTY

o7 7,;.'! -t
f_,,&lt;£.fCQ.j~

TOTAL
J!".Ai-lILIES

444,506

1i 18 , 554

155,598

115,102

2,983

~l 18,125

969

779

01.KFIZLD
TOWNSHIP

TOTAL
HOU Sm OLDS

3. 7Cf-5
/

SOURCE: U. S.

CENSUS

1980

These figures indicate several major conclusions:
• Median household income in Oakfield Township compares
favorably with the County as a whole. Household income
in the Township is almost on a par with the County as
a whole •
• The growth of Oakfield TO\mship has been agressive. The
increase in population of 33.2 % from 1970 to 1980 is
- 10 -

PSR CENT
Il1 PROV:C:RY

(1/
6 ,"J

�among the second highest c;roups of Townships in Kent County along
with Spencer and Alpine Tovmships. Only five other Townships
in the County of Kent r;rew faster and they were those immediately
surroundine; the City of Grand Rapids.

POPULATION PROJECTION
198:Z to 2000
for
Oakfield---;_rownshiE

-YEAR

PER CENT CII.filJGE

NUMBER OF PERSONS

1970

3.3

2,159

1975

L~.0

2,245

1980

4.1

2,983

1985

3.4

3,084

1990
1995
2000

2.34

3,156

2.1

3,222

1.83

3,280

- 11 -

�I

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I
Chapter IV
CITIZEN
INPUT

I

QUESTIONNAIRE HESPONSES AND EVALUATION OR IMPACT
BACKGROUND~ In order to be really effective, a
Master Plan must not only reflect the leadership
and desires of the Planning Commission and its technical personnel, it must also reflect the desires
and wishes of the citizens of the Township.
Unfortunately, past experience in the Township
indicates that Oakfield citizens react like those
in most municipalities - they don't get involved
unless some official action has a direct effect
on them individually or on their property.
In order to assure input from the citizens, the
Planning Commission prepared a questionnaire and
circulated it to a random sample of the population.
It was an attempt to assess citizens' opinions and
desires regarding the future development of the
Township over the next fifteen years. The contacts
were developed that anonmity could be preserved
and the respondant would not be fearful of truthfully expressing his or her feelings. In previous
master plan efforts such citizen input has aided
in achieving master plan goals and objectives.

I

I

The questionnaire \vas carefully developed by the
PlanninE; Commission in two meetings and was actively publicized. The Planning Commission carefully
evaluated the responses and suc;gestions, and to
incorporate them in the development of the
specifics of the Master Plan. This will assure
that the Township Plan will reflect the expressed
desires of the Township citizens for the remainder
of the 20th century.

'I
TIIE

QUESTIONNAIRE
GEUERAL - The questionnaire was kept simple, straic;htforward and direct and while it concentrated on future
c;rowth and development, it permitted comments on
all c;eneral topics by soliciting any and all sugc;estions.
Hhile all of these comments and suggestions may not
be reflected in the planning process they ,vill
be considered mid analyzed since they may be helpful
to the Township Board, other Township employees,
or other Township citizens.
- '12 -

I

�Without the input of the citizens who responded,
the Master Plan would be less Tovmship oriented,
less effective, and a less adequate base for the
related Township functions such as Zoning Ordinance
development 1 modification and enforcement; buildin~ inspection, recreation, public facilities,
types of housing, Township services, and Township
aid and Tovmship maintenance and upkeep. All of
these impact on the major plruminG function of
determining future development.
Present and future residents of Oakfield Township
will benefit from the efforts of all of the citizens
who became involved and made a contribution
of their ideas, sucgestions, and desires. The
MRster plan that is ultimately evolved will truly
reflect this citizen input.

•
•

SPECIFICS

Of the 485 questionnaires distributed by u. S.
mail, there were 105 or 21.7% returned. Of these,
8 were marked "deceased" and returned to the
Planning Commission. The 485 distributed were
considered a liberal sampling of the Township
citizenry and the 105 responses were considered
a representative sampline; of those questionnaires
distributed end also representative of the Township
ci tizenr;y.
A summary of the responses to the questions follows.

QUESTION 1 Do you think there should be any major
land use chan~es in the next 15 years?

__6_6__ YES;

27

NO.

( 12 citizens left both responses blank. 8
citizens who rnarlrncl "NO" also res:ponded to
Question 2 when directed not to. )

QUESTION 2 If your answer to question 1 was "YES",
should the changes concentrate on:
More commercial areas;

- 13 -

26

Yes;

32

NO

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More Residential development;
More Public Open Space;

41

27

YES;

YES;

21

34

NO.

More Township control over Development;
YES; __2_3__ NO.
Improved appearance of Residential Areas;

_..._5...,5__YES;

15

NO.

More Multiple Family Development;
21

YES;

_3.....9"-

1{0.

Hic.;her standards and controls over mobile
homes;

17

___5_,_7__ YES;

NO.

OTHER SUGGESTIONS:
• IIold the line on taxes;

6

•

• Control and remove junk and junk cars; -12._.
• Control trash, junk, and rubbish;
a. Residential; 10 •
b. Commercial;

. Fix

6
__;._•

u) Roads (Black top or maintain dirt
roads ; 8
•

• Provide lake access;

2

•

• Don't construct new Town Hall;

2

•

• Improve the environment ;______1_.
• Control parabolic television antennae ;
1

•

-

1l~ -

NO.

�UTILIZATION
OF INPUT FROM
QUESTIONNAIRES

The Plannine; Commission has two major functions:
1. To prepare a long-range Mc1.ster Plan
after careful analysis of existin~
land use, citizen input, public use
needs, and resources available.
2. To write or modify a short-range Zoning
Ordinance to control development to
assure that the Township conforms to
the Master Plan Future Land Use Map.
The inputs from the questionnaire that refer
to development and land use are the most
relevant.
The inputs that refer to taxes, junk and junk
cars, trash, rubbish, road maintenance and
repair, lake access, environmental issues, and
surface emplacements such as parabolic television
antennae are secondary factors that the
Planning Commission has no direct control over
but which will receive consideration in
evaluating specific development proposals.

POSITIVE PLf.JlliING INPUTS:
The entire plnnning effort is justified by
the overwhelmine:;ly strong response to question
1. which recommended major land use changes
over the next 15 years. The Planning Commission
will now have to determine "where, why, and
how much?"
The major future land use efforts in order
of priority should be:
1. Single family residential.
2. More Tmmship control over
development.

3. Very little commercia~ development
and only after careful study.

- 15 -

�L~.

Ver;yr little multiple family
development ( mobile home parks,
apartments, condominiums, etc.)
after careful study.

5. Higher plannin3 and zonin[; standards and tigher controls for
mobile homes.

6. Close communication with the Township
Board on control of junk, rubbish,
and trash.

?.

Continuing follow-up on Township
Board and employee control of
inoperable vehicles.

8. Careful consideration of impact
on taxes of any proposed land
use chanGe or development and
submission of recommendations
to the Tovmship Board.

•
•
•
•
•
•
•
•I
I

9. Review of road upkeep and improvement as a capital improvement
plan dovetaileed with the lond
use plan; and,

10. Recommendations to the Township
Board ( solicited or not) on
relevant matters such as:
Public development projects
Lake access
Exterior emplacement of objects
and Environmental issues •

- 16 -

�Chapter V
MASTER PLAN
PRINCIPLES
IMPLEMENTATION

•
•
•
•
•
•
•I
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•
•

LAND DEVELOPNENT STANDARDS
In order to assure continuity of planning policy
and assure a uniform approach even with changin~
membership of the Planning Commission, the planning principles within this chapter were carefully
considered and approved . These planning principles
shall be adhered to until the year 2000 or until
there is a major revision to the Future Land Use
Plan, map, or intent . Such a change shall only
be permitted if duly considered by the Plannin~
Commission and the Township Board after formal
public hearings by both bodies •
1 . PLAN DEFINITIONS

:

• Future Land Use Plan: This term is
identical to the terms Master Plan,
Master Plan of Land Use , and Long
Range Land Use Plan •
It identifies on a map the proposed land uses to be permitted and
encoura~ed for every parcel of land
within the Township of Oakfield.
In some instances the future
land use may be a continuation of
existing land uses nnd in other
cases it may be an entirely different
land use or a combination of several
land uses •
• Existinc; Land Use Map : This map is
a graphic representation of the use
being made of each parcel of land
within Oakfield illciwnship at the time
the map was made . The map should be
updated every two years •
2 . LAND USE DEFINITIONS :
The land use designations to be made
are:
• Sin~le Family Residential - This
incudes structures and mobile homes
as well as prefabricated structures .
The key factors of determinin~ use
are: only one family occupies the
unit and there is only residential
use .

- 17 -

�I
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I

I.fan additional use is involved
it is classifield as a mixed use parcel.
The only non-residential use per~itted
on such a parcel is a church or church
related use •
•

I

With special permission the plan
will envision certain limited home
occupations within a single family
area.

I
I
I
I
I
I

Mixed Use Po.reel - These parcels
con-Ea.in more than one use and are
to be prohibited by the Zonin~
Ordinance. There is only one permited
mixed use single family residential
and aGricultural.

•

Agricultural - Any parcel within
the Township may be used initially
for agricultural purposes. Even if
zoned for a more intensive use, it
may be used agriculturally until
developed.
Agricultural purposes include the
growin5 of crops, trees, and related
harvests as well as cattle, dairy
uses, and related soil utilization
activities.

•

Commercial - Commercial land uses
are those uses that stock merchandise for resale to the general public. They may be sin~le purpose sales
or combinations of products for sale.
They may be wholesale or retail.
They cannot produce or manufacture
products.

•

Industrial - Industrial land uses
include those uses that produce,
manufacture , or assemble articles
for sale to businesses or individuals.

•

Duplex or Two Fa~ily - A duplex land
use is a two family use on a sinsle
parcel of land. It may be in one
structure or in two structures.
- 18 -

�I
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• Multi-family - A multi-family land
use is a single parcel developed
.for more than two family units. It
includes apartments, condominiums,
cooperatives, and grouped mobile
homes.
• Public - Public land is owned by
a GOVernmental body and is utilized
for a public purpose. It includes
such uses as street rights-of-way,
cemetaries, public buildincs , p8.rks,
lake access, monuments, public airports, public hunting and forest
preserves, sports facilities, schools,
sanitary landfills, etc.
• Multiple Uses - Especially planned
areas that contain some or all of
the uses previously described as
a sinr,le development of inter-related
and inter-dependent uses.

3. PLABNING TERMS DEFINED:
• Transitional Area
An area in which
a series of uses are combined in
such a manner as to gradually move
from a very heavy use such as industrial
proe;ressively to lic;hter uses such as
to commercial, to professional office,
to duplex, and to sinele family ( the
lic;htest other than ar,ricultural or
vacant) •
• Deterioratinp; Area - One in which
a majority of the structures show
evidence o.f decline. It can be either
ac;ricu.ltural, residential, commercial,
industrial, or public.
• Low Density Residential - An area
aeveloped with single famil;y or ac;ricul tural uses with a maximum of
six sinc;le family units per acre.

- '19 -

�• Medium Density Residential - An area
developed with duplexes or apartments
with a density not exceeding fifteen
( 15) family units per acre •
• Hir;h Densit¥ Residential - An area
developed with apartments or condominiums with a density of 16 to 24
family units per acre.
1-1-. PLANNING PRINCIPALS:

a. Ap;ricultural Land - Such land will
only be planned for a more intensive
use when all indications are apparent
that development will surround and
isolate it within the planning period
or the owners actively promote such
planning or when economic indications
for its continued use for farming are
negative.
b.

Isolated Non-conforminr; Uses Isolated uses that do not conform
to the land use plan \•Till be inte~ruted by transitional use techniques.

c. Uniquely Situated Parcels - Parcels
which have unique d.rainage, topographical, soil or adjacent limitations
may be plrumed for future change by
beinG desic;nated planned unit
development areas. In these areas
multi-faceted uses may be permitted
when so planned as to protect adjacent
areas.
d. Existin~ Land Use Desir;nations 'l'he lan use designations on the
existin£5 land use map are precise
and parcel oriented. For exrunple,
a parcel desi(jnated e..s "agricultural"
with a farm house would be desie;nated
"residential" for the acreac;e on which
the "farm liouse" stood.
- 20 -

�I
I
I
I
I
I
I
I
I

•

e. Future Land Use Desi5nations - The
land use designation for the future
is general and flexible since it is
planned for up to 15 years in the
future . It is the planning intent
to generally indicate the acreage
intended for future use with the
realization that property or parcel
lines may not meet ultimate development needs precisely. Thus, they
indicate general intent subject to
realistic detailed future plans
which may cause some modification
of boundaries indicated. In short,
they are unprecise e;eneral boundaries
of future use proposals .

5. FUTURE LAND USE PLAN CONCEPT:
The future land use map designations are
the combined conceptual expressions of the
Plannine Commission members and their
technical staff . They were conceived a.nd
finalized after careful and detailed study
and research . They are considered essential
to sound Township development and e.re intended
to express the best proposal for the vast
majority of the Township citizens althoue;h
a few individuals may feel some of the
uses are not the best .
In developin~ the future land use proposals,
close communication was held with the
Township Board; public hearings were
held; and all actions taken and data
collected were and are a public record.
6. SITE PLAN PREPARATION PROCESS TO BE

FOLLOWED BY SITE PLANNERS IMPLEMENTING
PLANNED UNIT DEVELOPMENT AREAS:
Development must be detailed as follows • Inventory of site and environs
• Conceptual site plan alternatives
• Interpretation and analysis
• Schematic oite plan of selected
alternatives
- 21 -

�~

I
I
I
I
I

• Preliminary site development plan
of overall site
• Final phased site development plan

7. CAPITAL IMPROVEMENTS PROGRAM:
Many city master plans have these proe;rams
as do some very urban and highly developed
tm,mships. Oakfield Township does not have
the growth and density to justify the preparation of such a program at this time .
Thus, capital improvements such as roads,
public buildinGs, water supply systems,
sewage systems , etc . should not be programmed at this time but on a special as needed
basis such as was done for the Scram Lake
sewer project and the new Oakfield Township
Hall .

- 22 -

1

�- - -- -- -- --·-·-- -

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------ - - - - - - - - - - -- - -

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commerc.ial
heavy transHlonal
light transitional

t

M1L1l

LAN
OAKFIELD

,.

KE NT

TOWNSHIP

COUNTY

MIC HI GAN
19B6

public/semi-public FGZ..v~~~,
_residentlal/a9ric.
I ·•·· I
Industrial

MASTER

PLAN

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lstlng Land Use
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0
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I

commercial
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multl-family

Oakfield

Townshlo

Kent County
Michigan
1986

MASTER

public/ semi-pubJDiWW¥,t,;J
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PLAN

- - .. . ------- - - - - - - - - -- - - - - - - '

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ORCHARD RIDGE CULTURAL EVENTS

)/ WINTER DANCE

Cl~·~ r-o\
/

\

~l

~

FARMINGTON HILLS, MICHIGAN
OCC H BUILDING

EV;;~~;N~~ ;~~~~ME
THREE DANCES

JANUARY 16 - 17
Donation - Dancers S2 .00
Spectators S1 .00

7 - 10
Saturday 12 - 4
Sunday 12 - 3

HOST DRUM: BLUE LAKE SINGERS
Head Singer: JOSE MARCUS

OPEN DRUM
HEAD DANCERS TO BE ANNOUNCED
TRADERS WELCOME
WEEKEND $15.00
NO EXIT FROM 1-696 TO FARM INGTON ROA D
INTERSTATE 896

No Imports Pleaselll
Name _ _ _ _ _ __
Name of Store _ _ _ _ __
Address _ _ _ _ _ __
City/ State/Z ip _ _ _ _ __

i..._ _____ _

__ __j

For More Information Call: MATTHEW HANNA
(313) 532-1911

- No Drugs or Alcohol Allowed -

Mall the Above Coupon to the
Office ot.

STUDENT ACTIVITIES
Oakland Communlt;y College
27055 Orchard Lake Road
Farmington H Ills, M lch. 48108

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FlJR DIE BESEtZTEN NIEDERLANDISCHEN GEBIETE

DER

GENERALKOMMISS..A.R

F lJ R F I N A~N Z

U N D W I R T S C HA f T

HAUPTABTEILUNG

AMERSFOORT, datum des Poststempels
Konlng :nnel11an 12
Telelon: 39•3

WIRTSCHAFT

E1 wlrd gebeten bel Anlworllchrelben dleae, Geschlft1•
zelchen und den Gegen1t11nd dle1e1 Sctirelbent 11nzugeben

Betr.: Arbeitseinsatz -

ZS-Kárten-Verfahren

lch bestätige hiermit den ordnungsgemässen Eingang lhres Antrages
vom
Von dem Eür den Sitz lhrer Firma zuständigen Arbeitsamt wird
lhnen demnächst die Entscheidung iiber lhren Antrag bekanntgegeben.
lm Auftrag:

K 1031

�1DIENSTPOST 1

.... van ....Z.111.jl en ....en ....Termaa t ..........................................:......................·-···

...13.:r.9.~.k .... OP ... L~ng~.nd.i .Jk ......:4-..'.l.7

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                    <text>F

1st Annual

LUCILLE PEGO
MEMORIAL
POW~WOW

Honorin.g

Our Elders
In Conjunction With
Hart Heritage Days Celebration

JOHN GURNEY PARK (in Hart)
SEPTEMBER 4th &amp; 5th
GRAND ENTRY SATURDAY I PM &amp; 6 PM
SUNDAY2 PM
$100.00 FOR FIRST 4 DRUMS REGISTERED
Little Weasel Thunder Child
Bob Stone
Ricky Granquist · ·
Stephanie Bird
Butch Elliott
Steve Jobes

HOST DRUM
HEAD VETERAN DANCER
HEAD MALE DANCER
HEAD FEMALE DANCER
EMCEE
ARENA DIRECTOR

NATIVE AMERICAN CRAFTS AND ARTS
NATIVE AMERICAN FOODS
•

I

Puhlic Welcome
GATE ADMISSION : $3.00 ages 13 &amp; up; $I. 50 ages 5-12 &amp; Senior Citizens
Family Price $9.00 (4 or more)
CHILDREN UNDER 5 FREE
NO DRUGS OR ALCOHOL
FOR INFORMATION
CONTACT:
STEVE &amp; SALLY JOBES
(616) 873-2343

TRADER INFORMATION:
OCEANA INTERTRIBAL COUNCIL
(616) 873-7242.

Fee: $30 Daily; $50 Weekend

•

�</text>
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                    <text>Grand Valley State University
Veteran’s History Project
World War II
Jim Ochs

Interview Length (01:25:03:00)
Pre-enlistment / Training (00:00:12:00)
 Born in Charlevoix, Michigan on June 1st, 1922 (00:00:12:00)
o Ochs grew up in Charlevoix and graduated from high school in 1940
(00:00:19:00)
o His father worked as a pharmacist in a drug store he had purchased in September
1929 (00:00:25:00)
 The Great Depression began in October 1929 and Ochs’ father had a hard
time keeping hold of the drug store; he kept the store but he borrowed
money from everyone (00:00:34:00)
 He went to work at seven o’clock in the morning and closed the store
between eleven and twelve o’clock at night (00:00:49:00)
 From the time he was eleven years old, during the summer, Ochs worked
at the drug store (00:01:01:00)
o Ochs was a young kid during the Depression and he did not even know there was
an economic depression occurring (00:01:31:00)
 Oakes and his older brother had bread and milk for lunch, so everything
seemed normal to them (00:01:36:00)
o Ochs was on the football team in high school (00:02:00:00)
 One time, when he was going home, Ochs rode on the running board on a
car and when the car side-swiped a truck, Ochs ended up between the two
vehicles; the accident was the end of Ochs’ football career (00:02:03:00)
 After graduating from high school, Ochs attended Ferris Institute, modern-day Ferris
State University (00:02:27:00)
o He wanted to play football, so he went out for the football team and during the
first game of the season, he started and played three quarters (00:02:35:00)
o Ochs stayed at the school for a year before transferring to Michigan State
University (00:02:52:00)
 He transferred to Michigan State partly because he did not like the process
necessary to get an athletic letter from Ferris (00:03:08:00)
 When he transferred to Michigan State, he became a freshman again
because Ferris was not an accredited institution (00:03:43:00)
o Ochs went to Ferris to major in accounting and he continued that major when he
transferred to Michigan State (00:03:53:00)
 Photography had been a hobby of Ochs for several years, including getting pictures in the
Detroit Free Press (00:04:08:00)
o Around Christmas 1941, Ochs was making Christmas cards for other students in
the dorm and while working in a makeshift dark room and listening to the radio,
he heard the original broadcast about the Pearl Harbor bombing (00:04:23:00)

�






o When he heard the broadcast, Ochs immediately went out of the dark room and
began spreading the news around the dormitory (00:04:49:00)
Ochs’ brother had enlisted in the Navy the previous January and when he tried to enlist in
the Navy reserve corps, Ochs was denied because he could not pass the eye exam
(00:04:56:00)
He did not sign up the Army right away and instead was drafted in early November
(00:05:45:00)
o After receiving his draft notice, Ochs went to Battle Creek, Michigan for his
physical before going home for two weeks, then returning to Battle Creek for
induction (00:06:14:00)
From Battle Creek, he went by train to Camp Crowder, Missouri (00:06:23:00)
o Ochs went to Camp Crowder because he wanted to go into photography, so the
Army sent him to the Signal Corps (00:06:41:00)
o He did his basic training at Camp Crowder, which lasted for about four weeks
(00:06:56:00)
o The officer who interviewed for photography had just been on base when Ochs
arrived, so Ochs went to Officer Cadet Preparatory School; when the photography
officer came back, he gave Ochs the option of going to the photography school or
staying with the officer school (00:07:04:00)
 Ochs knew he would not pass the eye exam from the officer school, so he
took photography school (00:07:29:00)
 After two weeks, Ochs talked with the commanding officer of the officer
school, who asked why Ochs was leaving the school; when Ochs
explained, the officer said he understood, he wanted to get into
photography as well, and he did not blame Ochs for leaving (00:07:52:00)
Ochs went to the photography school and completed it (00:08:08:00)
o The school lasted for three months and part of the training involved the students
taking pictures in downtown New York City (00:08:13:00)
o The school was built on the grounds of the old Paramount Studios in Flushing,
New York; the Army built barracks right on the grounds and almost every night,
the men were able to go into New York City (00:08:19:00)
o One time, while taking pictures of a military parade on a rainy day, the men
noticed all the professional photographers using their flash guns, so the students
used their flash guns as well; when they got the pictures back, the men were asked
if they would use flash photography while in the field (00:08:44:00)
 The students were expected to learn how to take pictures without using
flash, or light meters; they had to judge it all for themselves (00:09:20:00)
o Another time, Ochs took pictures of a medal ceremony, and afterwards, the
Mayor of New York City, LaGuardia, who was at the ceremony, wanted to pose
with the general in charge of the ceremony and Ochs had to pose the two men for
the picture (00:09:48:00)
 When Ochs was taking the photo, another photographer came up an took a
picture of the two men and the picture ended up on the front page of the
next day’s newspaper (00:10:17:00)

�







One time while in the school, the men were told they had to take an examine that they did
not know about; Ochs scored the highest out of everyone and the Army told him that they
were sending him to Princeton University (00:10:41:00)
o Ochs was one of the first eighteen servicemen to arrive at the university
(00:11:01:00)
o As it turned out, those eighteen men were the first unit of the ASTP (Army
Specialized Training Program) (00:11:07:00)
o When the men arrived at the university, the commanding officer said that he did
not know what the Army’s plans were for the men, but he did know that they
would all come out of it was officers (00:11:21:00)
 He then said that he would be going to Washington D.C. to learn more and
three months later, he said that he still did not know the Army’s plans, but
that the men would now come out of the experience as high ranking NCOs
(00:11:34:00)
o Three months later, the commanding officer said that they were closing down the
unit; all the men who flunked out went back to their old units and all those who
passed would go on to infantry school (00:12:02:00)
Ochs was then sent to Fort Campbell, Kentucky (00:12:23:00)
o Because he had been in the Signal Corps before, Ochs was able to go into a signal
company while most of the other men went into line infantry companies;
however, all the jobs had been filled, so Ochs was still a private (00:12:30:00)
o Two weeks after he arrived at the base, Ochs’ unit went a maneuvers into
Tennessee, during which Ochs did KP, guard duty and latrine duty for three
months, because he had not official job (00:13:13:00)
After three months, Ochs transferred to Fort Jackson; however, there was nothing for the
men to day at the base, so they spent their time “policing the area” and picking up
discarded cigarette butts (00:13:34:00)
o Other times, they had Ochs take a rag down to the motor pool and wipe mud off
the bottoms of the different vehicles (00:13:57:00)
 Ochs was not happy doing these jobs; he had been to college, so the jobs
seemed demeaning (00:14:04:00)
o Finally, he got a job as a message center runner, which was essentially nothing
more than a mail-boy (00:14:08:00)
Ochs was assigned to the 26th Infantry Division, a New England National Guard unit;
when he got to the unit, the men in the unit did not know where they were going to be
fighting in Europe (00:14:26:00)

Deployment / Battle of the Bulge (00:14:50:00)
 The unit eventually shipped up to New York and boarded a ship in New York harbor
(00:14:50:00)
o When they sailed across the Atlantic, the men sailed through a large storm; Ochs
did not get seasick, but he came close (00:15:02:00)
o The men were never told where exactly they were going; it could have been
Africa or Italy, they just did not know (00:15:11:00)

�





o The men designated the ship they sailed on as a “banana boat” because it had
sailed in the Caribbean trade before the war and had been converted into a troop
ship (00:15:23:00)
o The convoy the ship sailed in was large, with one hundred or so ships, including
three small aircraft carriers (00:15:40:00)
 The aircraft carriers were transporting planes and when they left with half
the convoy, they went into southern England (00:15:53:00)
o By the time the aircraft carriers left, the men knew where they were going, to
France (00:16:05:00)
When the men arrived in France, they saw the cliffs behind the D-Day landing beach at
Omaha and when he saw the cliffs, Ochs wondered how they ever successfully took the
cliffs (00:16:12:00)
o The men arrived in France about three months after the D-Day invasion in June
(00:16:22:00)
o The ships continued around to Utah beach and the men landed there; when they
landed, the men went over the sides of the ship and down cargo nets into landing
craft, which they took up to the temporary floating docks (00:16:38:00)
 The floating dock was very long and when the men started unloading, it
was the morning and by the time they stopped that night, it was eleven
o’clock at night (00:16:58:00)
 It was raining, there was mud everywhere, and everyone fell in the mud
(00:17:23:00)
o When the men reached the location where the trucks were supposed to pick them
up, most of the men laid down without even bothering to take the packs off their
backs; Ochs had never been so tired in his entire life (00:17:34:00)
o Finally, the men reached a location where they could set up their tents
(00:17:53:00)
Ochs’ division’s assignment was the guard against Germany forces still on islands off the
Cotentin Peninsula; however, the Army had taken away all their trucks for use by the Red
Ball Express (00:18:03:00)
o While the men were sailing to France, the Allies had managed to break out from
Normandy and took Paris (00:18:18:00)
o When the unit finally went into combat, the men moved northeast of Paris, where
they became involved in very hard combat and took very heavy casualties
(00:18:38:00)
Just after the unit arrived in France, Ochs received an assignment to go down and help
sort the supply boxes coming into France; Ochs and five or six other men had to go and
unload and reload trucks (00:19:01:00)
o In the signal company, there were two hundred and forty big reels of wire, each
weighing around two hundred and fifty pounds and the men had to left the reels
off of one truck and put it on another (00:19:27:00)
o The men also had to unload and reload generators that weighed twelve hundred
pounds and the officers expected the men to manually unload the equipment;
although there were cranes, the officers thought that doing the loading and
unloading manually was faster (00:19:42:00)

�

o One night while the men were sleeping, they heard dogs barking and the sound of
rifle fire; a German prisoner had escaped (00:20:06:00)
 They eventually found the prisoner laying on the ground near them; of the
three men, one had an M1, one had a carbine, and Ochs had a carbine, but
no ammunition (00:20:25:00)
 One of the men spoke German and when he told the German to stay where
he was, the German charged the men; both the other men fired and the
German fell, but none of the men could see any blood (00:20:41:00)
 Ochs cut away the German’s clothes and found two flesh wounds, one in
his back and one on his side, but no blood (00:21:00:00)
 A medic eventually came and dressed the wounds, something none of the
men had thought of doing; eventually, someone had to go to the hospital
unit and create a report of what happened and Ochs was chosen to do so
(00:21:27:00)
 When they took the bandage off at the hospital unit, the blood began
flowing out and the German was dead (00:21:47:00)
o The incident with the prisoner taught Ochs to stop and think about a situation
(00:22:04:00)
 On the first day that the unit went into combat, the message center and
telephone center were on opposite sides of the road in a village and on that
day, three artillery shells came in (00:22:42:00)
 One of the shells impacted in the middle of the street while Ochs
and some other men were eating dinner in one of the houses; the
shrapnel from the shell came through the front window, a door, cut
open the shoe of the man sitting next to Ochs, bruising his foot,
deflected off the floor, and went through a leg bone in the man on
the other side of Ochs and embedded in his other leg (00:23:11:00)
 Ochs immediately got his bandage out and bandaged the wound
before the medics even came because he stopped and thought
about the situation (00:23:55:00)
 When the other men said that they had not even thought about
using a bandage, Ochs chalked it up to experience (00:24:07:00)
On one occasion, an officer heard that the Germans had an underground aircraft factory
in the city of Sourdeville, which was on the other side of the city of Metz from the unit
(00:24:20:00)
o There were badly needed aluminum sheets at the factory, so five or six men set
out with an NCO and planned to go through Metz to get to the factory
(00:24:49:00)
o However, when they got near Metz, the men started hearing rifle fire and when
they inquired as to why, they were told that Metz was still in German hands,
which meant the men had to find another way around the city (00:25:07:00)
o The men finally got into Sourdeville at around six o’clock at night and their
commanders had expected them back the same day; however, by the time they
had loaded the aluminum sheets onto the truck, it was dark (00:25:21:00)

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o The men were not going to make the journey back in the dark, not knowing the
route needed; so, one of the men who spoke Polish yelled up to people on a
balcony and received a reply in Polish (00:25:39:00)
 The group spent the night in the house with their truck parked around back
and two men standing watch at all times because the Polish kids had said
there was a former SS garrison down the street and some SS might still be
around (00:25:57:00)
o The men got back to the company in late afternoon and under normal conditions,
if they had been reported properly, the men would have been reported “missing in
action” in the morning report; however, Ochs does not know if their captain even
knew the men were gone because another officer had made arrangements
(00:26:16:00)
Ochs was never in very serious fighting because he was behind the frontlines; he was
within artillery range but not on the actual front lines (00:26:50:00)
Eventually, around December 14th or 15th, the entire unit was taken off the line and into
Metz, which had finally been taken, for rest and to replace the casualties (00:26:59:00)
o The unit was to have about two weeks of rest but on December 16th, when Ochs
had a pass into town, Ochs had his pictures taken and was told to be ready to
move out in three days (00:27:16:00)
o The next day, the men were notified that they needed to be ready to move;
luckily, when Ochs went into town, his pictures were ready (00:27:42:00)
On the 19th, the men started moving but they did not know where they were going, except
that they were going north by northwest (00:27:59:00)
o There where three divisions on the roads, one armor and two infantry, and the
armored division had the priority of the good roads; the infantry divisions went
back and forth on country back-roads (00:28:12:00)
 When the Red Ball Express was carrying supplies, when they got bumper
to bumper, they merely unloaded their cargo on the side of the road, so
there were points when, for ten miles, there was supplies along the side of
the road (00:28:29:00)
The unit finally reached Arlon, Belgium at about eleven o’clock on a rainy, miserable
night (00:28:54:00)
o The next morning, the line infantry began marching early in the morning to find
the Germans because they were not in contact with them yet (00:29:13:00)
o Meanwhile, Ochs and other men went to Redange, Luxembourg, a village about
eight miles away from Arlon and they set up a message center and company
headquarters (00:29:26:00)
 While the men were cleaning a room for accommodations in Redange, a
company officer came into the room and took it, even though the men had
cleaned it for themselves (00:29:48:00)
 The house the men eventually stayed in was owned by two old ladies and
the eight men slept on the living room floor (00:30:09:00)
 The old ladies were glad to see the men because they were deathly
afraid of the Germans coming back (00:30:18:00)
 One day, the river near the house froze over, so the two ladies
made ice cream for the men (00:30:50:00)

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o On Christmas Day, when Ochs went to get his meal from the mess truck, a flight
off one thousand planes flew overhead; by the time the last plane flew over, the
first ones were coming back (00:31:03:00)
The fighting in Belgium and Luxembourg was part of the Battle of the Bulge
(00:31:40:00)
The men stayed with the old ladies for three or four days and when they left, the ladies
asked Ochs if he had a picture he could give them (00:31:47:00)
o The men then made a short move to another position in Luxembourg
(00:32:10:00)
o At the time, the Germans had a artillery shell nicknamed the “Screaming
Meemie” because as it got closer, it got louder; whenever Ochs heard the round
coming, he hit the deck (00:32:20:00)
 The round exploded on the hillside and the men were told not to worry, if
they heard the shell, then they were not going to get hit (00:32:36:00)
The Battle of the Bulge ended sometime around January 20th but the men were cleaning
up the area until March 1st and they were able to push the Germans back to their starting
points (00:32:50:00)
o As the men moved from place to place, they moved from house to house and they
saw different conditions at each one, including the dead laying on the ground
(00:33:07:00)
o At one point, one of the men in the unit upset the captain, who sent the man to an
infantry line company (00:33:15:00)
 The next time Ochs saw the man, he was working for Graves Registration
and when Ochs asked how he got that job, the man said he volunteered
(00:33:35:00)
 The man said he would rather pick up the dead than have someone pick up
him (00:34:01:00)

Into German / The End of the War (00:34:14:00)
 In the 1st week of March, the unit moved back to area around Saarbrücken and from
there, they set off for a bridge over the Rhine river (00:34:14:00)
o Because they were messengers, the men received different information and they
heard another division had reached the Rhine and radioed back to General Patton
asking for advice (00:34:44:00)
 Patton’s response was to get the hell across the Rhine (00:35:00:00)
o The next day at noon, Ochs’ unit crossed the Rhine (00:35:05:00)
 The unit did not cross at the captured bridge in Remagen; the crossed on a
pontoon bridge further along the river (00:35:18:00)
o The unit kept moving across Germany and when they eventually came upon a
German Air Corps warehouse, with the name of a company from Detroit, Ochs
managed to get a suede jacket and pants, which he sent home (00:31:28:00)
 While moving across Germany, there were two units kept as message centers; one unit
would set up for headquarters, headquarters would move in, and the other unit would
advance further and set up for a headquarters move and so on (00:36:28:00)
o In one town, headquarters had moved out and there was a small MP prisoner of
war group; as Ochs’ unit prepared to move out, the captain said things were

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moving quickly at the front, so the men were going to move that night, instead of
the next morning (00:36:50:00)
 The captain made the decision at six o’clock and at six fifteen, the unit
moved (00:37:22:00)
 The men later learned that at six thirty, an SS unit came into the town and
captured the entire prisoner of war group; if Ochs’ unit had stayed until
the next morning, they would have been in the middle (00:31:27:00)
o The Americans bypassed a lot of German forces as they advanced (00:37:48:00)
The advance eventually reached the border with Czechoslovakia and from there, the
advance turned south and followed the Danube to Linz, Austria (00:38:00:00)
o From Linz, they moved into the southern flank of Czechoslovakia and the men
were on the border of Czechoslovakia and Austria when the war in Europe ended
(00:38:12:00)
o At one German barracks where the men stayed, there were straw mattresses and
after Ochs slept on one, the next morning he had to itch all over himself;
eventually, he emptied almost an entire can of DDT into his sleep roll and after
that, he never had a problem (00:38:31:00)
 When the men heard the war was over, they opened up their bed rolls to
air them out and when Ochs opened his, it was white inside from the DDT
(00:39:06:00)
When the fighting in Europe ended, Ochs was unhappy with the experience, so he
volunteered to go back to photography school (00:39:59:00)
o He eventually transferred to a photo company in June that was stationed at a
resort south of Munich (00:40:25:00)
o The company stayed at the resort for awhile and Ochs managed to climb into the
foothills of the Alps for pictures (00:40:47:00)
The war with Japan was still going on and as a company, the men were scheduled to go
to Japan for the Japanese invasion (00:40:59:00)
o They were going to go through the Panama Canal and join the invasion fleet
directly (00:41:11:00)
o The men transferred to France for re-deployment camp in a barren part of the
country and while they were in the camp, the war with Japan ended (00:41:18:00)
o When the war ended, the only way to get a three day pass was if the soldier knew
someone in Europe, which Ochs did not (00:41:45:00)
 Ochs eventually decided to see one of the old ladies in Luxembourg; as he
was walking from Arlon, Belgium, a girl, a boy, and older woman passed
him on bikes and the girl pointed at Ochs and said “Jim” (00:41:56:00)
 The boy gave Ochs his bike and he rode to see the women; as it turned
out, the girl, boy, and woman were visiting the older women and had come
from Paris because of a lack of food (00:42:31:00)
 The older woman was a nursemaid to the girl and boy; Ochs got to know
them all and it was nice to know some civilians (00:42:58:00)
 They told Ochs if he ever got to Paris to come visit them and they gave
him their address (00:43:40:00)
At the time, Ochs had sixty-nine points; the Army started sending men home who had
one hundred points, then ninety points, and so on (00:43:49:00)

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Most of the men in Ochs’ company were in the seventy point range, but
Ochs had sixty-nine for some reason (00:43:58:00)
 All the seventy point men left, leaving only ten or twelve men in the
company, so the Army decided to break up the company (00:44:07:00)
o Ochs received several passes into Paris during this period and when he did so, he
looked up the home of the two children and discovered they lived in a four-story
home (00:44:11:00)
 As it turned out, the girl was the great-granddaughter of Ferdinand De
Lesseps, the man who built the Suez Canal and attempted to build the
Panama Canal (00:44:21:00)
 When the company was breaking up, there were surplus supplies and Ochs
would take the supplies to the family and although the food was lousy,
they loved it (00:44:50:00)
 The granddaughter was active in the Red Cross and during World War I,
she meet a Lieutenant and during World War II, he was a General in the
Air Corps, Carl Spaatz (00:45:19:00)
 Ochs, the two kids, and the nurse made went all over Paris and it was nice
getting out of the Army lifestyle (00:46:22:00)
o One time, Ochs went in and they told him he had an overnight pass and when he
got to Paris, the family said they were going to a wedding reception; when Ochs
said he would leave, they told him to come with them (00:46:37:00)
 Ochs went and the reception had a lot of food, an orchestra, and a lot of
high ranking French military officers; meanwhile, Ochs was only a PFC in
the America army (00:46:55:00)
 He ended up dancing with a Countess, although he does not know who it
was (00:47:17:00)
 As it turned out, a personal friend of the granddaughters was Madame
Chanel; in the corner of the mirror in the room Ochs stayed in was an
invitation to dinner with the Duke and Duchess of Windsor (00:47:27:00)
o Ochs’ after war experiences were wonderful (00:48:11:00)
The company eventually broke up and Ochs was sent to another photography company,
this time a headquarters company of a dozen men under a lieutenant (00:48:25:00)
o While in the company, the Army tired to get each man a special assignment at Val
D’Isere, a French ski area (00:48:40:00)
 Ochs had a week to go down there and on the first two days, he got all the
pictures he needed; he then went skiing and on the fifth day, he received
word that he was going home (00:48:57:00)
o When he went back to the company, they transferred him to a division that was
going home and as it turned out, the division was the 26th Infantry, the same
division he came over to Europe with (00:49:23:00)
 However, Ochs joined an infantry line company that had a turnover rate of
three hundred percent (00:49:41:00)
 According to a book Ochs owns, the 26th Infantry had taken eighteen
thousand casualties, although there were only fifteen thousand men in the
division originally; there were forty-five hundred deaths total for the
division (00:49:49:00)

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To begin the journey home, Ochs took a train down to Marseille (00:50:09:00)
o The camp in Marseille was up on a bluff above the city and one morning when
Ochs woke up, there was snow on the ground; he could not believe that there
would be snow in southern France (00:50:12:00)
o From Marseille, the men boarded a ship and sailed through the straits of Gibraltar
(00:50:24:00)
 On the voyage back, the ship sailed through some really bad weather; the
ship’s captain said there were about fifty foot tall waves, while the radio
man said they were about one hundred feet (00:50:34:00)
 While the men were in the bottom of the ship, water kept moving back and
forth as the ship rocked; the men found out the next morning that the water
had come through the ventilators on deck (00:50:59:00)
 The ship lost a good number of its life boats and another ship in the area
had men go overboard (00:51:12:00)
 The storm was so bad that the captain had other ships in the area stand-by
in case his ship sank; according to the captain, who had spent several years
in the Navy, that was the worst storm he had ever been in (00:51:28:00)
o The men were extremely glad when they finally arrived in Boston (00:51:42:00)
 The 26th Infantry was a National Guard unit from New England and when
they got to Boston harbor, the ship had to go in circles waiting for a
welcoming boat that carried the governor and mayor of Boston
(00:51:46:00)
 The men did not want to be welcomed, they wanted to get to shore
(00:52:08:00)
 Ochs stayed overnight in Boston then took a train to Camp Atterbury,
Indiana and arrived on New Years Eve (00:52:12:00)
 There was a three-day weekend where nothing happened and the men
were sitting there, waiting to be discharged (00:52:28:00)
o Ochs finally received his discharge from the military on either the third or fourth
of January (00:52:35:00)
The large majority of the pictures Ochs took were at Val D’Isere (00:52:58:00)
o Apart from the regular photography, Ochs also took a folding Kodak camera with
him (00:53:10:00)
o Ochs did not have a light meter with him, so he had to guess on all the
measurements needed to take a picture (00:53:22:00)
o At one point, Ochs’ father sent him some chemicals to develop the pictures
because Ochs had no way of doing it himself; once he developed the pictures, he
crudely placed the pictures on paper by holding the contact paper with the
negative over it in the dark and quickly flashing light on it (00:53:48:00)
 Some of these pictures did not turn out so well (00:54:24:00)
o Later, Ochs was able to take better pictures in Paris and at Val D’Isere
(00:54:41:00)
o [Note: He saved his pictures, and many are part of his file. He has donated
his albums of pictures and documents to GVSU's Special Collections.]

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o As an enlisted man, Ochs could have the camera but he could not take pictures of
anything the Army did not want photographed; therefore, he has few pictures of
the Battle of the Bulge (00:54:54:00)
o If someone has a day-by-day diary, you can almost bet that they were officers; if
the enlisted man got caught with a diary, then they got in trouble (00:55:08:00)
 If the enlisted man was captured, then the Germans would have all the
information that was in the diary (00:55:25:00)
 They did not police the officers like they did with the enlisted men
(00:55:32:00)
o Ochs made an album of his photos in the late 1940’s but he did not write
anything; his write-ups did not come until the last ten years (00:55:49:00)
On one occasion, Ochs’ unit was in northeast France and one man was sitting in a
basement, writing a letter home when an eighty-eight mm artillery shell came down some
stairs and went through the man’s table; luckily, the shell was a dud (00:53:11:00)
Another time, the men went through a house that had a large table in a room and on the
table was a German World War I helmet; however, the room was spotless and Ochs
assumed that the helmet was bobby-trapped, so he left it alone (00:56:38:00)
As they traveled through Germany, all the cities were badly destroyed; some were just
heaps of rock from the brick houses (00:57:23:00)
o All the people had shelters and Ochs wonders home many people were buried
under the rubble (00:57:57:00)
o There was not as much damage in the countryside, unless there had been a fight in
the area (00:58:14:00)
 In one town, Ochs has an early picture of a building and in a later picture,
half the building had collapsed due to the vibrations from guns firing
(00:58:22:00)
 In the same town, on one Sunday, a trio of teenagers, two boys and a girl,
went past the men; the boy went to the fence and relieved himself;
afterwards, they continued on to church (00:58:51:00)
o While moving through Germany, the men caught a glimpse of a German jet
aircraft (00:59:49:00)
 The aircraft dropped a bomb nearby and two American fighters came out
of the clouds, but the jet simply out flew them (00:59:38:00)
Ochs’ unit did not have any deaths; a friend of Ochs was wounded but no one died
(01:00:15:00)

Training cont’d / Misc. / Post-Military Life (01:01:05:00)
 While in basic training, Ochs did marching and fired weapons (01:01:05:00)
o The Army emphasized discipline; the men did what they were told to do and that
was it (01:01:22:00)
o The discipline was part of the Army that the men hated (01:01:33:00)
 Most of the men at the photography school in New York had some photography training
(01:02:04:00)
o Apart from training for both filming and still photography, men trained at the
school to create training films (01:02:08:00)

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


o The men developed their own film in the dark room and would go out on an
assignment; when they returned from the assignment, they were criticized because
they were not supposed to use light meters and were supposed to do their
adjustments in their mind (01:02:28:00)
Ochs’ camera in Europe had the ability for different settings but when he was riding in
the back of a truck, Ochs did not have the time to make the necessary changes
(01:03:08:00)
o One picture Ochs managed to get was of entertainer Mickey Rooney; Rooney was
set to perform for the troops but the Army would not let him because there was
too much action at the time (01:03:44:00)
o After the war, several other people performed for the soldiers (01:04:46:00)
Ochs never personally encountered the Russians but some of the soldiers took a jeep and
went to meet the Russians (01:05:33:00)
One time, when the unit was held up on a road, a German fighter plane came to strafe the
parked vehicles; however, most of the men were by a stone farm building (01:06:31:00)
o One man was sleeping in a jeep and when the firing woke him up, he ran as fast
as he could to get away from the jeep (01:07:05:00)
The men did not know the details of the overall campaign, but they did know how the
campaign in general (01:07:34:00)
o There were numerous divisions but Ochs’ was assigned to only a small section;
the men knew that the other divisions were experiencing the exact same
conditions (01:07:54:00)
Ochs did see a slave labor camp and has pictures of rows of dead bodies lying on the
ground (01:08:15:00)
o There was a small town near the camp and the soldiers made the residents make
wooden coffins; the residents worked all night and the next day, the soldiers made
them put all the dead bodies into the coffins and bury them (01:08:31:00)
While traveling through Germany, the men would see bodies in the field, but the dead
were mostly Germans because the Americans gathered their own dead as quickly as they
could (01:09:02:00)
o One place where the men stopped had a dead German in the ditch and a man in
another unit wanted the gold ring on the man’s finger; it got to the point that the
man said he would cut the finger off to get the ring (01:09:15:00)
o The GIs were out for everything they could; however, Ochs would never think of
doing anything like that (01:09:41:00)
In 1991, Ochs found out that some of the men in the company were planning to get
together; every year since, the men had gotten together (01:10:15:00)
Most of the pictures Ochs took in Paris was before he meet the De Lesseps family
because he wanted to see the sights (01:10:55:00)
o Most of the men would get off the truck and go to the nearest bar but Ochs
wanted to see Paris (01:11:02:00)
Because Ochs moved from place to place, he served with a larger number of soldiers; he
never served with the same people for his entire service (01:11:17:00)
When Ochs returned to the United States in January, a cousin was making maple syrup
and when he had enough for himself, the cousin asked Ochs if he wanted to do it, and
Ochs did, for two years (01:11:50:00)

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o Ochs managed to get several gallons of syrup each year (01:12:18:00)
When he returned home, Ochs intended to go back to college, but because he returned in
January, going back at that moment did not seem practical (01:12:22:00)
o The new term had started and Ochs wanted to rest for a little bit (01:12:33:00)
o Instead, he got a job with a survey crew, which he did until he went back to
Michigan State in the fall; the next year, Ochs did the same thing (01:12:40:00)
o When Ochs went back to school, he became a junior; since he had course from
Ferris, Ochs retook the classes for no credit, which meant he had to take a fifth
year of courses to have enough credits for graduation (01:13:27:00)
Once he finally graduated, Ochs began working for a private accounting firm in Detroit
(01:14:04:00)
o At some point, Ochs ruptured a disk in his back but waited to have surgery on it
until after the following year’s tax season (01:14:17:00)
o When Ochs went in and told his boss he was going to have the surgery, the boss
told Ochs that they were laying him off (01:15:03:00)
o Ochs was unemployed for a few months before he got a job as a cost accountant
for a company; he stayed with the company for a few months, moved to another
company for three years, and then went to work for Ford (01:15:31:00)
 He stayed with Ford for twenty-seven years before retirement
(01:15:47:00)
When Ochs came home, he found that his “girlfriend” had gotten another boyfriend, a
fact which “changed” his whole life (01:16:40:00)
While he was working in Detroit, Ochs rented a room but he did not know anyone, so he
was lonely; he eventually met his aunt and she had had a girl living with her in Ann
Arbor who was renting a room while going to school (01:17:13:00)
o The aunt saw the girl in Detroit after she had graduated and she suggested Ochs
call her and go out with the girl (01:17:38:00)
o Ochs originally did not want to call the girl, but he was lonesome, so he did; they
went out on a date to a movie and a year and a half later, the two were married
(01:17:52:00)
o After finishing school, Ochs’ wife had joined the Navy as a WAVE; at the time,
the Navy only sent WAVEs to Alaska and Hawaii and she knew that every other
WAVE wanted to go to Hawaii, so she volunteered for Alaska (01:18:31:00)
 At one point, her commander called her into their office and asked if she
would be willing to go to Hawaii, despite having volunteered to go to
Alaska (01:19:14:00)
 She spent thirty months in the service; on their first house, they used
Ochs’ GI bill and they used her GI bill on their second (01:19:25:00)
Ochs’ wife had a business degree and she originally worked for Detroit-Edison; however,
the company had a policy that when a woman got married, they got fired (01:19:48:00)
o She then worked at a insurance company for a few months but was unhappy, so
she started working at Ford in the Lincoln-Mercury division (01:20:08:00)
o Eventually, her boss wanted her to do typing and when she did not want to, the
boss promised a raise; however, when the time came for the raise, the boss said
that there would be men in the department making less than her, so she did not get
the raise (01:20:28:00)

�

o A few months later, Ochs convinced her to put in an application for a teaching job
in Ypsilanti, Michigan; she received a call and two weeks later was teaching first
grade in Garden City, Michigan (01:20:53:00)
o She worked her way up, from elementary to junior high to high school and taught
at the schools for a few years before taking a job at Schoolcraft Community
College to teach business courses (01:21:08:00)
o She taught until retiring in 1980 and when both she and Ochs retired, they made it
so that if one died, the other would receive part of the dead person’s pension, at
the cost of receiving a smaller paycheck (01:21:43:00)
All the soldiers serving grew up in the military; they grew up and became men
(01:22:39:00)
o All the kids going into college were not grown up ye t because they played around
too much (01:22:45:00)
o The men coming back from the war and going into college did not play around; if
they were invited to a party, they did not wear any fancy suit, they wore what they
had (01:23:32:00)
o Most of the men that Ochs got together with went back school and became
professionals (01:24:09:00)

�</text>
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              <name>Title</name>
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                  <text>James Ochs collection</text>
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            <element elementId="39">
              <name>Creator</name>
              <description>An entity primarily responsible for making the resource</description>
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                  <text>Ochs, James W.</text>
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            <element elementId="41">
              <name>Description</name>
              <description>An account of the resource</description>
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                <elementText elementTextId="839930">
                  <text>Collection includes a photo album of images taken by Ochs, 16 photos taken by the Army Signal Corps of the 26th Infantry Division, and document his tour of duty in France with the 26th Division, friends he acquired in France, and his leisure time activities</text>
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                  <text>World War II</text>
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            <element elementId="40">
              <name>Date</name>
              <description>A point or period of time associated with an event in the lifecycle of the resource</description>
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                  <text>1942/1945</text>
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                  <text>&lt;a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/482"&gt;James W. Ochs World War II collection (RHC-55)&lt;/a&gt;</text>
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            <element elementId="47">
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                  <text>&lt;a href="http://rightsstatements.org/page/InC/1.0/?language=en"&gt;In Copyright&lt;/a&gt;</text>
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                  <text>World War, 1939-1945</text>
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                  <text>United States. Army</text>
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            <element elementId="45">
              <name>Publisher</name>
              <description>An entity responsible for making the resource available</description>
              <elementTextContainer>
                <elementText elementTextId="839938">
                  <text>Grand Valley State University. University Libraries. Special Collections &amp; University Archives</text>
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                  <text>RHC-55</text>
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            <element elementId="44">
              <name>Language</name>
              <description>A language of the resource</description>
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                  <text>eng</text>
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    <itemType itemTypeId="6">
      <name>Still Image</name>
      <description>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.</description>
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          <element elementId="43">
            <name>Identifier</name>
            <description>An unambiguous reference to the resource within a given context</description>
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              <elementText elementTextId="985332">
                <text>RHC-55_JWOPhotoAlbum</text>
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          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
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                <text>James Ochs photograph album</text>
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          <element elementId="49">
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                <text>United States. Army. Signal Photo Company, 166th</text>
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              <elementText elementTextId="985338">
                <text>United States. Army. Infantry Division, 26th</text>
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                <text>Scrapbooks</text>
              </elementText>
              <elementText elementTextId="985340">
                <text>Photographs</text>
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                <text>Military life</text>
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                <text> </text>
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            <description>An account of the resource</description>
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                <text>Photograph album containing 524 black and white photographic prints (3"x4", 2"x"2", and 4"x4") documenting the European travels of James W. Ochs during and post- World War II. The album contains a portrait photo of Ochs,  as well as images of French cities and countryside, buildings, street scenes, nature, soldiers, Ochs' friends and acquaintances, a parade and entertainment show, skiing in the Alps, planes and ships. &#13;
&#13;
Content Warning: Some photographs in this album depict mass burials, death, and human remains. </text>
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          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
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                <text>Ochs, James W.</text>
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          <element elementId="40">
            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
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                <text>1944</text>
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          <element elementId="47">
            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985353">
                <text>&lt;a href="http://rightsstatements.org/page/InC/1.0/?language=en"&gt;In Copyright&lt;/a&gt;</text>
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            <name>Publisher</name>
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              <elementText elementTextId="1037439">
                <text>Grand Valley State University. University Libraries. Lemmen Library and Archives</text>
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                    <text>�Ronsing'\Veteollle
To 1536 YD Heroes
The welcoming bands played "Hail, Hail, The Gang's All Here" as Boston roared a noisy greeting to veterans of the famed Yankee Division yesterday, but the home-coming troops knew it wasn't so-because they left
1714 of their comrades sleeping beneath neat white crosses!
on European battlefields.
Bringing 1536 heroes of the one-time "all-New England"
fighting
division,
now largely
·. made
up of
equally stout-hearted
boys from _New York, the South
· and the Mid-West, the transport
~ Lewiston Victory docked at the
• Army Base after a triumphant
trip up the harbor.
GOV. TOBIN, REP. McCORMACK, MAJ. GEN. GROW
But only 13.5 New Englanders
were among the troops lining the
Gr':!!fed Ref_!!_rning YD Heroes af Army Base, South Boslon
transport's decks to receive the
-r..wt- fousing reception the city
has accorded a returning troopship.
Mayor Kerrigan, a World II
veteran, and a group of city of!.. ficials went down the harbor to
greet the Yankee Division veterans aboard the official welcoming tug, while Gov. Tobin, Cong.
· James M. Curley and Cong. John
.
W. McCormack and other _ofNEW YORK (AP)-The cruiser Portland arrived here ficials greeted them at the pier.

f

3 Dead, 22 Burt;
•t c •
'
Ga Ie D I S rnlser'
with troops and sailors telling of terrific gales on the At,...Ji!,ntic which took a toll of two soldiers dead, one missing and I

·
Orm at

st

·
Sea

- j22 injured.

Worse

-

I

GENERALS ON HAND

==========================='-'----

1

GHOST OF OLD -YD
ALONE REMAINS
IFew Officers and No Enlisted Men
· of 1940 Division in Group of
1536 Vets Welcomed Home

World War I officers ?f the YD
who greeted the returnmg veterans of World War II mcluded Col.
John J Higgins of Springfield; Col.
Vincen"t C. B. Green of Boston, Lt.
Col. John E. Turner of Attleboro,
Lt Col John J Reilly of Boston
· C~ t. D~vid Brickley of
Bo~ton p
Also· there to extend a welcoming hand was Bert Ford of the
Boston Record - American, w_ho
served as war correspondent with
the old YD in vyorld War I and
who came home with the famed
division in 1919 when it was _
greeted with the gr~ates_t welc?m,e ~ome celebrat10n m the (
city s history.

The 20,000 ton vessel, which saw
15 engagements in three years of
ll
S Pacific warfare, docked with her
· t
radar antenna bent back agams
her foremast and her starboard
NEW YORK, Dec. 28 (AP)- hangar bulkheads ripped off by
The cruiser Portland arrived the storms. She carried 1159
here today with troops and sail- troops,
.
ors telling of terrific gales on
The Portland's captam, Lowe
the Atlantic which took a toll H. Bibby, of Alexandria, Va., deof two soldiers dead, one miss- scribed the weather as "the worst
ing and 22 injured.
storms I have seen in 28 years of
The 20,000-ton vessel, which naval seafaring."
saw 15 engagements in three
Echoing the Portland's captain
years of Pacific warfare, docked was the skipper of the light CITED 7 Tll\1ES
with her radar antena bent cruiser Boise, Capt. Cl;arles C.
Also greeting the troops was
back against her foremast and Hartman of Santa Momca, Cal., Maj Gen. Robert w. Grow, who
her starboard hanger bulkheads who said it was "certainly the retu.rned home by plane and was
:ripp~d off by the storms. She worst crossing I ever made."
recently named commanding genearned 1159 tro?ps.
.
The Boise, originally due to ar- eral of the YD to succeed Mtj.
Th~ Portland s captau~, Lowe rive by Christmas, docked today Gen. Willard S. Paul of ShrewsH. B!bby, of Alexandria, .,Va., 1with 1189 servisemen. No cas- bury, now in the War Department
described the weather as . The aultics from the storms were re- in Washington. He was accomworst storms I_ ha-:,;e seen m 28 ported aboard it.
panied by C&lt;:&gt;l. Dwight T. Colley
years of se~farmg. .
The Portland's two dead, killed of Sa~dervi!le, R. I., . awarded
ON ARRIVAL AT CA11P MYLES STANDISH
.
Capt Bibby _ estrmate~ the when a giant wave hit the star- the D1stmgwshed SerVIce_ Cro:&gt;5 ,
waves 50 feet high and wmd of board hangar, were Sgt. Noah L. for heroism as a YD officer m
Left to right, Lt. Col. Clayton Mausert of Camp Myles Standish, Col.
80 miles an hour struck the Daniels of Amity, Ark., and Sgt. both World War I and World
Ral h Palladino of Somerville; Maj. Robert N~tter; Lt. C?l. Hugh S.
p
Donaldson of Pittsfield, and Lt. Col Lewis W. 11clntyre.
Portland.
Louis S. Csurics, Steeleton, Pa War ~
_
Scenes of horror and confu- The missing man was Sgt. J. M.
Semor officer aboard the trO?Psion in the blackout of the star- Lewis of Springfield, Col.
ship was Col. Ralph A._ Palladine r
BY LESTER ALLEN
board hanger were described
Capt. Bibby estimated waves 50 , of_ Putnam rd., Somerville, ~hose a
by men who slept there when feet high and wind of 80 miles an , wife, ~elena, was at t~e pie~ to 1:
CAMP
MYLES STANDISH, Dec.
Cont inued from the First Page
the mountainous wave roared hour struck the Portland. Comdr~ gr~et him. The Som_erville officer
in, causing the casualties.
1A. D. Jackson of Bryan, Tex., the· hoids seven decorations.
l 28-The ghost of the YD ca'me home
today to a~ army camp that didn't
"I was sleeping on the bot- navigator, said he believed some
Brig Gen William J. Blake,
exist when 1t went a,vay to war and head of the Veterans' Administom tier just before the wave of the ~vaves were moi:e than 100
_
~Y,..1'.YVSDAY
struck" said Sgt Thomas Lan- feet high and the wmd "much'·
DUEi c':'t.,.,...~..,
l which soon will be no more, and tration in Boston, will represent
cian, i51 Jefferson av., Ever~tt, more" th~n ~O 1:lil~s an hour.~
~ ~e$:~~"')iews
looked with wondering eyes upon the the YD Veterans' Association
Mass., describing the crossmg The vessels w~nd md1cator broke 5 MEXICO
rousing welcome accorded to a phan- in the party. Brig Gen William
as worse than the famed Battle at about 45 miles an hour.
•
26th DtY,:
~UAY JAN. 5
J Keville state Adjutant Gentom.
of the Bulge, in wnich he was
Scenes of llorror and confusior
DUE S~ .t. ,.,,.
' V
e~al; Col' John J. Higgins of
wounded.
lin the blackout of the starboar&lt;
N~!'l"-)ri""".i:-;~ws, a.
Springfield and Lt Col John E .
Conilnued
on
Page
2Thl.-d
Col.
"Water had been seeping hangar were described by me1
PEI'ER
Turner of Attleboro also will be
under the bulkhead doors, and who slept there when the moun
26th '":..., a,·,~•aboard.
I climbed up into the rafters to tainous waye roared in, causin
~~~'t&gt;Mit&lt;WORT..
This will be the largest conth
'Yankee Division
prevent being soaked. I had 1,,=e:::::a:c_a_su_a_l_ti_e-'s"'.
tingent of veterans of the famed
hardly climbed there when
26th Division to arrive in Bosthere was a terrible roar as the
Lands, Last Big
ton since the end of the Eurobulkhead was ripped off and the
pean war and will incl!-ide memBoston Arrival
water rushed in.
bers of the 101st Regiment HQ
"The lights we.at out immediAdvance elements of "New Engand HQ special troops, with
ately and the place was filled
land's Own," the Yankee Division,
band; HQ Compan¥; Antitank
with moans, shrieks and cries."
arrived in Boston yesterday aboard
Company, 1st Battalion; HQ and
"It was a hell of a lot worse
HQ Company; 104th Infantry
the Lewiston Victory, last schedthan Salerno," said P.fc John
leave from the Army Base at
Regiment; HQ and HQ Comuled
troopship
to
dock
here
as
the
Gov.
Tobin,
accompanied
by
Rocciolo, 1044 Saratoga st., East
9:30 and expects to be back ~t
pany, 328th Infantry Regim~n~;
port
ceased
:full-scale
handling
of
his
military
aids
and
leading
Boston, Mass., who fought in
10:45. With the Governor w11l
HQ and HQ Battery, 26t~ J?1:v1troops.
that bloody battle with the 36th
military figures in the state, will
be his first secretary, Eugene A.
When the rest of the 26th ars1on Artillery. and D1v1S1on
Division.
go down the harbor this mornHudson, recently discharged
rives, ships will put in at New
HQ and HQ Company.
York.
from the Air Corps with the
ing on a tug to welcome home
There
were
only
135
New
Engrank of lieutenant colonel; Maj
1535 Yankee Division veterans
landers yesterday among the 1535
Earl Barnard, Maj Vincent P,
Y-D troops. Gov. Tobin, Mayor
returning from Europe aboard
Breen and Lt Col John Riley.
Kerrigan, Mayor-Elect Curley and
the Lewiston Victory.
representatives of veterans' organPage 3
The welcoming party will See YD
izations welcomed the boys.

Than War, H b Vet
rt an gree
On Po I d A

~~--------

l Y-D
I

v.icr., •

Jb:\\t"&lt;t;\"{rf ,· ·

'-=---------------------=~---

'Governor Boards Tug
to Welcome YD Today

7

�B,Q.51on
LEWISTON VICT&lt;&gt;#
Foliowine elements ,of 26th Div.:

ll~:
!i,,i Hq, Sp. Troo1&gt;s with band,
Hq. and l:j_g~ 26th Div .. ArlY.
0

Hq. and .lf&lt;
101st Jnf. Relt.
Anti-Tank
.. l)llt Inf. Relrt.
Hq, Co., 1 ~ - ·ilst Jnf. Re•t.
Co. A, l0!at
ect.
o
Inf, Re•t.

ii~-. ~nJO}i't'

f~lih

ew 1York

U. S S. POR'rLAND (]'.;e Havrrl. I 000.
QUEEN ELIZABETH. (Southampton ).
JOS ROBINS~o'hf,Mtwer~), 570:
Co~597th, 3
, _3888! QM. Truck
Med. Det.. 3Qi..ti.A. -A. A. Bn.
U. s. s. BgxsE n:.lo·' liAvre). 1195,

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215
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GEN HASE !Cllltutta). ?.530.

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3062.
U, S. S. BOISE (Le Havre), 1195:
937th Ord. Co.
286th Ord. CO.
Postal Det. 82d Airborne.

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Newport News
WE~?s,r1s1:tlfila~l!~o2!A!) inis-

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celJaneous per~onrte1.
JOHN HARVARD (553):
358th Infantry' Beriment.
Cos. B, C arid F.

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U. S. S. HAMLl'.N (Tokyo), 655.
U, S. S. MAUI (Guam), 640.

Seattle, wash.
USAT ETOLIN (Okinawa). 1506.
U, S. s. SEVIER ·(Manus), 1957,

Los Anceles
UNION (Manila),' 456.
ELKHORN (Pearl Harbor) 31,
CLYMER (Saipanl, 1708,
SCANIA (Saipan), ~9.
DEUEL (LeYtel, 1001;
LANDER (Gu,nn); :tll~7.
CROW (Pearl lf1tt)109, -tl.

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GOSHEN (Sa~bo., Ja'J&gt;l:tn), 1716:

28th Reciment of llth Marine
LCI 29, 11.
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VICTO~.,.

ROCKHILL
(1543):
Cannon C'o., ·1{9&lt; ,mp. Hci. Co.. 3 Bn.
Cos. G H; r,-·K· ll"rid L, 104th Inf.
R"£itita~k -~o,;~\, c;a;,non Co., 328th
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:: ri£fx 2JR~~~•f.m~~

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• BARDSTOWN- VIC~RY (J5i61.
101st Infantn' Reclment: Cos, "!:, G
and H. and 3d · Batlalion.
JOHN MILLEDGE (575).
2d Battalion;' 35Qth Infanln' Reci1
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~
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235, 240, 247, ~;n3, 291, 323, 39.

28

San Ffanclsco

, d BRIAREUS (8711), PASQUETANK (10) ,
ce OCONE (6), all from Pearl Harbor,

rd
Newport News
at· MOHONEY crrl{.

·
26th Div, untt,,
1e BARDSTON VICTOR'll",
26th Div, Ut\tlS

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(Organlzatton)

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(APO No.)

Sign.&lt;11 Photo Co.

is ,uthorized to visit

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From

! From24¢¢fZ845
_
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·:;

(Huur a1l'I date)

(St.afron)

is authorized to be absent--

.d:¥!76 · ?-/9'-¥5"'

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To visit ____L_/f..l?..Y-.&amp;c:.~~---------

b._:L(/'_~~__!_t._ ~_;__},,:_.~

(Hour aud date)

Signed __

Loc11 10n of lodging

~~;;;~;.dino.~ffecST.

'"W. D,, A, G. O. Fonn No. 7

2G Ju!le 1!&gt;13
(OVER)
~ h i s form supersedes VT. D .. A. G. O. Form No. 7, 8 Sepl.&lt;'mber 1942,
which may be used until existing stocks nre exhausl,ed.

~~~~f--:-~.~
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( ov D«. 44)

(l"omn n,

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ENLISTED MAN'S TEMPORARY PASS

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HEADQUARTEES CAlvl P N..:XSW ORLEANS, AAC
(Organization)

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( radeJ {Ser ial No)

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( OrganiZ'lation)

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has permission to visit

•w, D., A, o. o. Forni N o. 7

"U
26 June 194S
(OVER)
--.-This form supersedes W. D., A. G. 0. Form No. 7, 8 September 1942,
which may be used until existing stocks are exhausted.

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(Hour &amp; Date)

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HEADQUARTERS CAMP N5W ORLEANS, P..AC

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ARMY EXCHANGE

-

RATION CARD- E TO

No.1 U235Date issued

Name Ochs~ Jfl.me;:;J__

Anyone apprehend~d reselling, trading
or bartering mercha 1dise to unauthorized

28 Aug_ 15
ASN 3640804:3

persons as coverer by AR 210-65 will

.

forfeit all rights to exchange privileges
and will be dealt with under appropriate

Signature

article of war.
Organization 1-6-Gth ~~;j?h~r;1~O 4 3 - Signature Unit C.O. ~

-

~~ (2__
~

No/

f

�Recipient's

Name--;z....h~&lt;i,----:F-7~.....;,:;,___..:,:_-J.~,:;..:,.p~~-------!----...:~-Street
Address-..£-L..:...,;:,:_____~.J..J.~~~H~~:_~....t.:__ _ _ _ _ _ __
Town or
City _ _,_...,,,.......,4-',.::,..:..:._..;;,....;:_;_~::..:.,L..::,,;;:__ _ _ __
Nearest
Large City---::-'--"'-...;....=...;_~--+-'"4,,1-r'-:1-~~--,,.:.:...--'--&lt;-:........4--=..:....:!::.:.:..._
Purchaser's

Name---=¥'-'--..::....;=-.~--i-:,£----=&amp;.-:..--,,;:.::._+.-------------Serial No. _--i:......-::....;::_:......:.......:....::....,,,._-=..._ _ _ _ __
Unit or
Organization--:::-'-~...:....:-.:..._ _~...L.&lt;-------.::::____.;.:~..::....~,£_-__:i!:'.._~~----

fPO or (,I'
APO·--~p,;c..:.c..:..-"-"------Branch
Ex. No·--..i':~-'--~=----:-~:":---::'-~'------;,~-=.-~~-;-=;..'...,'.....'.-..:._____~ _

The serial number

Ex. Rep.
Signatur

of your call i s - - - - - - - - - - - -

PURCHASER: IMPORTANT TO NUTE FOLLOWING:
1. If you are advised that gift has not been delivered, forward a COPY of All Information on this
~r:::t,R~~~p~~reart"~~•r the NUMBER ABOVE, to. Army Exchange Service, 25 West 43rd
2.

t LJ ,3

Your call will be announced over the loudspeaker

~~:,-:'~~~t~: :Jl,;,s~~w York, both OLD and NEW addresses when advising of any change In the

when it is ready. If you wish to leave before your

3. The Army Exchange Service reserves the right to make substitutions, or forward a Gift Check to
the Recipient in the event merchandise stocks are depleted. Full dollar value is guaranteed.

ARMY EXCHANGE SERVICE
OVERSEA SALES GIFT ORDER

call is completed, kindly notify the attendant.

Purchaser to Receive Pink Receipt from
Exchange Representative.

-- - -

~

r,~11,\ti'~ln~~
~

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@~

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1/

\941

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HEADQUARTERS

PRAYER
-

LMIGHTY and most mm1fut father, ..i, humbt~ oomh Th«, of

-

Th~ gmt goodness. lo rcslram lhCl&lt; 1mmodml&lt; rains '111lh '11hteh

"' ha-J&lt; had lo conlend Gran! us fair .ie,ther [or Bait\, Gm1ousl~ hmken lo us as
sold1m '11ho call upon Th« Iha! armed '111lh Thy po..ier, "' may ad,,ne&lt; from
-J1clort 113 \11d..,r'?, .ind crush lht 1Jpprtss11.m and '11cktdntss of our tntmits, and

tslablish Thy iuslte&lt; among mm and n•ltons Amen

m
~

THIRD UNITED STATES ARMY

O each 0[[1m ,nd soldt&lt;r m !ht Third Umld Slaies Army. I .iish ,
Merry Chnslm&gt;s I h••• full con[1dcne&lt; tn your coura;c d,,,,,lton
lo duty, and skill 1n bani, 'ii, march 10 our m1ghl lo complcl, ,telory May God's
blcssmg ml upon mh of you on !his Chnslmas D•Y ~

q~

S

~-T0,,,,.~9-JR-.-;:--7"~

Ltwlmanl Gcnmt,
Commandmg, Third Umltd Siales Army

�HEADQUARTERS
OISE INTERMEDIATE SECTIO:?
THEATER SETIVICE FORCES
EUROPEAN THEATER

AC 201

APO 513
30 October 1945

(10-606)

SUJ JEC'l':

Orders

TO ;

Pfc James W Ochs, 36408043,

239th Signal Operations Co

You l·JP___.290C' ~ignaL Service ....:Jl, i.PO 8f7
o/a ,31 OctQber 1945
days to carry out the instruction of the CG. Upon
completion of such TDY you \7ill return to your proper sta. TCtiT. Travel
1.

TDY for approx 2

on

by rail and/or Govt notor T is ntzd.

TDN .

60- 114 P 432-02 A 212/60425.

DY COM1iAND OF DrtIGADIER GENERAL THRASHER:
F .. DRO~-!N

Colonel, AGD
Adjutant General

DISTRElUTim; :

1 - CG TSFET
2 - Pfc Ochs

1 - AG Records

RESTRICTED
---------:IBADQTJARTERS
OISE IFTE!LEDIATE SECTIO!:
TEE~TER SERVICE FORCES
:i:;URO.FEJ,:; TE'EAT~R
'

AG 201

6

SUBJECT :

Orders (ll-150)

TO:

Pfc James_W 4(:hs, 3~
64080l~3,. 239th Sig Opns Co

o/a 7
on TDY fo r approx
~ duys to carry out the i nst ructions of
completion of such TDY you will return to your proper sta .
by r ai l :..nd/or Govt motor T is utzd . Tm; . 60- 114 P 432 - 02
1. You ~-1p

3908 Sig SV Bn,, Paris" France

J...Po· 5 13
Novembe.r

1945

November 1945
the CG . Upon
TCFT . Trave 1
A 212/60425.

BY C o~.::JJm OF BRIGLDIER GZ.3RL.L BRESr:L&gt;!!ff :

GEORGE E HORTOf , JR .
Lt Colonel, 1.GE
J,cting J~djutant General

DLSTRIBUTION :
1 - CG TSFET 1 - 1.G Records
2. - EM cone

E S TR I CTED
-R -- -- - -- -

ENLISTED l\lAN'S TEMPORARY PASS

0::;1--1.S',,_JA106SWPEe~
(Name)

.(Grade)

(Avey serial No,)

100 0G (Organization)
A-loTo fu. /Sl.MPN.EWQR./..EANS
(8tation)
is authorized to be absent-

From ~24-J....45__ To
To visit _____

JbklS______

.

fl4¢¢_gf5.__745-_

-----------------------

K.E. Hu fer Capt
For.m. No. 'C
16~,. .,,.,cfimm~fl...Qfli~,..
f ,,.., r

Signed--+~-- -_;:_~==-------------------------'"W. D., .A. G. 0,
--,,.=-c---cc-26_J_u_
r .c 1043

r

(OVER)

-

• This fo.rm supersedes W. D., A . a. 0. Fonn No. 7, 8 September 1042,
which may be used until existing stocks are exhausted.

�:::EADQ'C"ARTER3
OISE Tt TER.:EDIATE SECTIO::
THEhTER SERVICE FORCES

A?o· 513

EUROPEJJ-; TEEATER
AG 201 - Ochs , James ! ( :nl)

13 November 1945

SUBJECT:

Orders (11- 24$)

TO:

Pi'c Janes W Ochs , 36408043 , 238 Sig Opns Co , DS w/this Hq, Si g Sec

o/a

7al :J'Isere , :'ranee
1. Yot:. •:iP
:U 'ovewber 194.5
on TDY for c. pprox 5· do.ys to carry out the instructions of the CG. "VPon
comple tion of' such TDY you will retun1 to your proper sta. Tc:-:T. Travel
by rail L-nd/or Govt motor T is c..tzd. TDr. 60-114 P 432-02 A 212/60425.

DY C OLZJJJD OF BRIGJ.DIEH GZE3Ri.L BRESI,Ui.F.JiE:

GEORG-E E iJORTOf, JR.
Lt Colonel., J,.GE

J.ctil:J.g Ld j uts.:r;i.t Genera 1
DISTRIBUTION:

1 - CG 'I'SFET

1 - ;.G Records

3 - 1 .. cone

_,,.

RE S T R I CT E D

----------

~ViP[ J&lt;JM E_6~~~
0 - - . . l : !~I~ ·

~~2---~'-

Thi s lea ne r should be kept as TRIP
TICKET during the entire journey.

WINTER SPORTS
in the

I S OP _ _ _...__ _ _ _ _ __

I'RA"'IO

FRENCH

VAL

ALPS

D'ISERE

111111111111111111111111111111m1111111111111111111111111111111m11111111111111111

6066 feet high
Meeting at hotel in LYONS

No . . . . ... . ...... Jt:... -

e
Accomodation

at

Hotel

~-~l~.

··········· ····· ····· ··········(,9··

t

Sup per.
Ro om .

·······

�:io

5 £.?T

/'1i-S-

,oa1e1

I.

I certify that I have personally examined the items of captured enemy equipment in the possession

of . . (C.:. . . . . . . . . .c!d..1!1..f..?. . . . . . . .v.!::.:. . . .2.. t;..l.f..::?.. ... . .. . . . . . . . . . . . . . . . . and that the bearer is officially authorized by the Theater
Commander, under the provisions of Sec VI, Cir 155, WO, 28 May 1945, to retain as his personal
property the articles listed in Par 3, below.
2.
I further certify that if such items are to be mailed to the US, they do not include any items
prohibited by Sec VI, Cir 155, WO, 28 May 1945.
3.

The items referred to are :
✓C If KA/Ir£

I - TtfE.

I-

?!5TDL

-

? - 38

-

.SElf)/f L

c·

/V U'Vf/31::.I(- 5~ 1 3

~

D

,
K. l . Hunu r ~I ,
-~-0 166SigPho oCo
(Si

.._____

aturel

(Rank, Branch and Organ ization)

(This certificate will be prepared in duplicate)
AG USFET Form N • 33

Lei. B-46 5.CXXl.CXXl 78. 920

AoiESSE ................................................... ............... .
A livrer le............. ..... ............................. • .. ....... .
TRAVAUX A EXtCUTER

Dl&amp;veloppemenu ..... ..... .. ... ......... •·· •·····.... ..... .•

............
···• •·· ··· ·

Agrandissements

.....................................

·• ·

·· •· ···•·· · ·

TOTAL. .•.

MONTE-PENTE
DE VAL-D'ISERE

VAlABLE
POUR

MONTEE
7,185

.............

······· ···· ··

�"'

and his buddies hear an orientation lecture on the operation of the Colas Staging
. The men relish this lecture-one of their last-as it means "going home" to them.

s Staging Area in Southern France is

Realizing he can't take all of his "loot" home with him, Russ checks over souvenirs he
picked up in Germany. German Luger and Afrika Korps helmet he can show back home .

"end of the rainbow" for thousands of

M.ore than 500,000 Army troops were returned
from Europe last month--and nearly an "cleared''
the continent through staging areas. Cpl. Fritz
Olsen of Army Pubiic Relations presents a firsthand account of one of these staging areas.

•weary soldiers and officers in-Europe

A half hour's. jeep ride from Marseilles on the
Mediterranean coast of France is a teeming Army

tent city. Once an assembly area for American
troops that battered their way into fortress Germany, it is known as the Calas Staging Area.
To officers and enlisted personnel of the United
States Army, Calas is the proverbial "end of the
rainbow." It is the last stop in Europe before that
happy passage from Marseilles to home.
The soldier that reaches Calas knows he won't

�-

.... ·-"
"'
,,
Annie Lecat, a French girl Russ met at the Red Cross, volunteered
·-"

to show him the city. Marseilles harbor was an inspiring sight.

during the short stay at Calas and they while away
hours at theaters or Red Cross clubs or take passes to
Marseilles, where the hurly-burly of the Mediterranean
melting-pot offers many and varied amusements for
servicemen.
A soldier's happiest moments at Calas, however,
are those final moments when he wayes "farewell"
and starts his journey to the United States and home.

Back at Colas, Russ exchanges his French money for American-this
means he is about to ship out. He hopes to take Amber with him.

PARADE QUICK QUIZ:
• QUESTION A: What former Germon luxury liner recently hos

been converted into on American troopship?
B: Who is the Commander of the American Army
Forces in Europe: Gen. Eisenhower, Gen. Spaatz, or Gen. McNarney?
• QUESTION C: Which of these ports is the main Mediterranean
base for the French fleet: Toulon, Marseilles, L'Orient?

e QUESTION

Answers Below

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POSTES,

Nfi

TELEGRAPHES,

TELEPHONES

EXPEDITIOXARY FORCE ;\IESSAGE (E. F. M.)
Adresse (Address):

A
Vi Ila .

V

EFM JAMES ~•ILLIAM

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OCHS 36408043

A~LOFE

far/a;:, JJ ~ w t ,
v1euiL .~lf?1A

ludications de recept
IIndu; t/011 oj receipt)

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PA1IS

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CHARLEVOIX MICH
Date:

Texte (Text) :

LOVING .,ISHES FOR CHRISTMAS AND

YEAR

I memo

You ARE

AT

MORE THAN EVER

THIS TIME

t ,c

IN MY THOU HT[

I u I SH E ,, ERE TOGE THE q ON TH I S S ECIAL OCCASLON ALL MY BEST ~ISHES OR
A·SPEEDY REUNION
w

MRS HARLEY. OCHS

Signature :

J. 20562-44

/
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ARMY EXCHANGE SERVICE
PHOTOGRAPHIC
DIVISION
HQ COM ZETO APO 887

,____ HOTEL BOOK.CADILLAC

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REFUND VOUCHER

B -, 0 8 5, 8 2 8

DETR OI T · TELEPH ON E C AD IL LAC 8000

Unit Acc't1-~~l.'-t
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HANDY TELEPHONE" JOT-IT-DOWN" CARD
NAMES

Date :...................... ---········.............. 194

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( Customer must show identify card before refund
is made)

Amount paid by customer :--=/ --=...,
=Amount Actm11ly due. , • :............................~
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Refundable• • • • , • • • · • · :....:...::...-'--'=-NEW YORK TELEPHONE COMPANY

AES Form N" 166 A

JACK -~. -~ KOFF
:i.....,,...+-.,H-·~...- -....

·--J\C--·

graphic Division

This Refund Voucher may be presented at any
Unit Exchange within 3o days after date above

�BON DE CHEM IN DE FER

GEN ERAL RAILWAY WA RRANT

Army Book 49-1A.

Pour le Transport a Executer par train ................................................................... .
")

Exemplaire
-----No.
Copy

For the movement by ...... ...:..r.;,;..(),f, ...... .,.... ,.,.. ... ...r....... .... ....... ............. train.
De ........... ................................................................................ ... .............. .... a .................................................../. ......................

....l . ~····· ···········-················ ············to ............................ ..

2

.., .. .. ... ................... .............. .

Par ......................... ..... ...... .......................................... ..d'un Detachement.
Via .... ..................... ..... ........................................ .......... 0£ a party.
Nombre.
Number.

- - - - - - - - , - --

-

Poids.
Weight.

Under the command
Observations.
Remarks.

Essieux.
Axles.

Officiers.
Officers

Timbre de la Gare de Depart.
Departure station stamp.

Hommes de Troupe.
Other ranks
Animaux.
Animals
oitures Hippomobiles.
.../ ,/
~~~;{:!t~~i!i~~ue;:~~ions:i ........................... ················ ·· ······ ........................ ··························7··:~· ···························~~···········
Motor cars ' trucks ' lorries ' tractors) ........................... ........................ ........................ ............................ •········•······················•····•··'······· .. ····
and trailers..
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Canons.
Guns . .

. . 1.............................. ......................... .................... ................................................................................... .

Bagagcs.
Baggage
Materiel, Denrees.
Stores, supplies, etc.

··[····················:···················································r-:•••••••••••••••••••••••••••••••••••••••••••••••••••••••

Certifie
Signed
R.T.O.

Date ....................................... .

Date
R.T.O. to fill in for statistics.
(S.7L89)

Chef de Gare.
A............................................... .

\Yt.127Si/322

29,100 bhs.

Traffi c loaded in .... ........ ........... .......................... area.
6/43 Hw.

G.,99/11.J

PRESCRIPTIONS.
On se sert de ce bon de chemin de fer
pour tout element voyageant sur une seule
destination, sauf lorsqu'on emploie l'ordre de
transport A.B. 495A .
Exemplaire No . l. Chef de Gare.
Excmplaire No. 2. Chef de Detachcme~
grade le plus ancien. Cette copie sert de
billet et doit, etre rcnclue au commissaire
Britannique a la Gare (ou en !'absence de
ce dcrnier au chef de Gare) a l'arrivee a la
destination.
Exemplaire No. 3. Souche.

INSTR UCTIONS.
This Warrant is to be used for all J?artits
of personnel travelling to one clestinat10n by
any train, unless the train warrant A.B. 49.5A
is used.
Copy No. I . Station Master.
Copy No. 2. 0 i/c party or senior passenger.
This serves as a ti cket, and is given to the
R.T .0. (or in his absence to the Station
Master) at destination on arrival.
Copy No. 3. File.

MOTOR VEHICLE OPERATOR'S

kmy
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Twe

Grc;wp

PERMIT

not.,.._

Valid {

=i'T:th L } glasses

t nee4
ef ,._ ,--accom,•h•r a,ts,
other then to Ny , - Ila• reflected .,._. aecllt
upo11 your..U -.r ,._. co-alld.
We ore now fighting on German IOI!. and we
ore fn co;;ntact not only with the soldiers of our enemy
l,ut olso dYlffons of Ger•ony. As conqverors, we
Must now consider our relations witlt the ,-ope of
GeflllGlly.

RcXj.s ----------------

_3 6 __1-V
(OP E RATOR'S A. S. N .)
U. S, GOVERNMENT PR I NTING OFFIC E

16-22236-1

It ft l~rcdhe thot ]'air dlo not ottow,.,._lf
lo .._com• fftendlJ wltfa Germane, bul' at the seme
lme )'OV must not w•cute rhm. ArM,tca,t soktfers
can and have Maten Germon sofdters on the field of
battle. It la e~:rv lmportQllt that you complete the
11clory~r lozlldui.
0 . . , . ~ . . . . . . . . . . . . . . . . IPl!dal
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ROUTE OF

&lt;J/,,e, S ~

ABRAHAM LINCOLN
ANN RUTLEDGE
between Chicago-St. Louis
Stewardess - Nurse Service
TRAINS 1-2-3-4-10-19

NOVEMBER-DECEMBER-JANUARY, l 945

ALTON RAILROAD

�Statement

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To

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In Account With

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Form. SSOO•S

Declared value

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Surcharge paid, $......__ _

Return Receipt fee _________ Sp!. Del'y fee - Delivery restrlcted to addressee:
In person _ ___, or order________ Ft~ 1)(:ld..____ _
Accepting employee will place hls lnitia/8 in space
indicating restricted d eliver,.
•

07-I&amp;-19433-ll

GPO

The sender ehould write tho name of the addrenoe on back hereof as an identification. P.roserve

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a::id aubmitthia receipt in cue of in&lt;J.uiryor apt&gt;lioation for indemnity.
•
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Redatry Feee and Indemnity.- Domeatio re2istry fce!!I z-a.lliO from 20 cents . for 1:ldemruty not
m:oeedi~ $5 up to $1.35 for indemnity not e : z : ~ $1,000, The fee on d omestic reg:istcrod matter
without mtrimio value and for which indemnity ia nol paid is 20 centa. Consult poatmaator u to
the apeci.60 domeatio re&amp;iatey fees and eurcho.rgee and an to the registry feea chargoable .on roa:iatered
parcel-post -paok(llites for forei4tn countriea. Fees on domoatio recisternd C. 0. D. nuul range frooi
26 cento to $1.20. Indemci~ olaima muat bo lilod within I ;yeor (C. O. D. 6 moDiba) from date
cl mailu,c.

ADQUARTERS O·A!JIP NEW ORLEANS, MC ·
Fares

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Tax

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�WW IE IE I~ IL ""'\Y

ODJlCHllOMIE
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•

JUNE 1945

WELCOME!
~~~~ ;-

*
Just *transfered
to the

l.a • ,,Oiciir Oa:amU~o .
Lt. Okamoto and llr, lfiesenhutter

were ro-tes when they were at
Vonmouth as enlisted men and
had not seen each other since,
until they met
at the
Co,
Otticeris Vess,

* *

N0.2.4.

VOL.

* *

MCKEND EXPANDS! Vr. 1f esenhutt.er

negot a
a co rac wi t h
Sgt. VcXend whereby the latter
becomes chief understudy to Sgt.
Ca~hael, in anticipation of)
•Der Tag•
(speaking or Points
tor our genial Supp ly Sgt.

has

" *
We have a permanent
salon , and
WHAT a salon, back i n the Co.
day-room. Thanks t o the efforts
of Sgt Robert Sawyer ann T4 B.J.
Caliendo, many of the 16 x 20 •~
are backstage shots of the feminine pulchritune of Bal Tabir i n
and the Cas ino. Come in and see
them beys, theytre on hcrses, on
stairways,dancing,bounc i ng , heng ing fro m chandeliers, acres and
acres of them -- 4- wonderful JI
4

'THE

166T"

SIGNAL.

PHOTO COMPANY

Lt. Hunter presents the company to Col, E, F, H..-ond,
Si nal Otfice·r, THIRD U, S, ARIIY, Immedhtely tollowin:, Col, Hammond presented awards to 21 Officers and
men or the company, Photo by Lt, Don English, 3 June,

. .

* •.

DISAOREEVEN'l': Lt. F.lk Wl'lnted to
CONVpYS "'IL-!,
go e:rt --the
e ,.i.sel.~ e o---gv-GET SHIP-TO-SHIP PIX
to the fight. He (L~ Elk) is now
New York,--Killions or servicerecuperating in a hospital with
men
being
re-deployed
from
two breaks in his collarbone, He
Europe to the Pacific will be
is being eYacuated.
The horse
provided by the motion picture
is doing fine!
industry with shipboard motion
*
..
picture entertainment while en
GRAND TOTAL! From Kay 144 thru
route.
Vay 145 . the Compeny Lab
has
Hundreds of ships will be used
turned out over 212,000 official
for the job,
Pictures may haYe
prints and 32,000 negs, Quite an
to be bicycled from ship to ship . accomplishment
tor a •Kobile
in convoys.
tlDit"I

PACIFIC

~~

*

Lt. Bell is back from the Riviera
feeling awful and glad t o be
bac k from his va ca tion so he c an
get some rest. 1!e still carri es
two lens es in each pocket and
the only way to get his eye s to
open up to F2 is by saying,"Dyawanna trade?"

2nd Lt. Wm. Lineweaver,
newly
commis s ioned, is congradulated
by Lt. Adrian Salvas, his former
Unit Commander,
Lt. Lineweaver
(recently 11 Sgt•) has been doing
yoeman duty these past severel
months under Lt. Threlkel in the
Photo
Office,
Everyone
was
glad to see him receive this
reward tor
concientious
ane
errecient work. CONGRATULATIONS,
LmtlTENANTI

* *

PROGRESS : Our G:rmtn LAB techn•ns
are ra pidly becoming accustomed
to our ways and e quipment. We•ve
some good technici ans -- men who
formerly worked for well-known
firms. we a re ge tti ng bCCU~tomed
t o them al so, altho rumor has it
tl~t Lt. Isham, Sgt . Alvin, Sg t.
De man and T5 Jones are spending
their spare time learnini: how to
click their heels between every
sentence.

* loan
*
Sgt. Rondone, on
out from
the Lab is wrestling with "captured e~emy materiel"--at Signal
Supply.
We hope to see hts
smiling face again~ soon,

Photograph, by Lt, English, ot
photographer Creath photographing
photographers being decorated by Col. E, F. Hammond, in
recognition of past photographic
accomplishments, Wildbad Kretith,
Ger.

... *

�10

*

* *

AWARDS

N0.2.3

VOL. 1

JUNE 194-5

*

*

fo Lt. Kenneth B. Hunter,

* *

PROMOTIONS

*

Effective l June 1945

c,o••••

BRONZE STAR AWARD

* *Company
KOVIES---The

HOIIE
has
finally acquired a motion picture projector, and the K.P. men
are now able to view all their
own Staff and Combat Reports at
will.We•ve also seen some enjoyable features in the evenings-thanks to Sgt. Hallberg for acting projectfonist (with no union
feesl)

*
PX--Sgt Tomko is* helping
out Lt.
Zinni and his strenuous Special
Service program, and has taken
over the . job of running our Co.
PX. Whatl no Coca-Cola yeti
* *

Glamor Girl--In a recent poll
taken by
the Army Pictorial
Service, Rita Hayworth was voted
the most popular movie actres~
among G.I.s overseas.

John P, Boland

William Hansel

August Stepura

* *of all, were
BON VOYAGE--Envy
the second group of •high pointers" and "old agers• to leave
the Company, Included were T/4
Walter Snowden1
T/4 John Raia,
T/5 Clarence DeWalt,
and Pfc
Howard James, They are bound for
the U, S, and will drop their
•Army ranks" to add "Mr," in its
place, We shall miss them all-and to each the best of luck in
the rugged civilian life ahead,
* *Jerry
Friends--T/5

Old
Horton,
and Pit: Maitland Stewart ,formally
166th men,are still fighting the
battle of A,P,S, in Paris, Such
things as Wacs, passes, and the
gay city, interrupts their vrork
continually! They both wish to
be remembered to all.

* * Nichols and
3 FOR A DIME-~-Sgt,
crew are off to en Army Hdq s , to
photograph a huge amount
of
Identification pictures.With him
are Pfc Laczko, Pvt. Gonez, and
Pvt, Greenamoyer, The boys are
also developing and
printing
their shots "on the spot•.
... *

t)''PAss in Review''

166TH SI NAL PHOTO CO, BOARDS
BOAT AT SOUTHAMPTEN BOUND FOR
FRANCE, July 2, 1944

* * last week,
Casualty--On Okinawa
~ Jap
shell fragment seriously
injured Life photographer VI, Eugene Smith,
just
as he was
shooting a final picture for a
layout on "A Day With A FrontLine Soldier•. Later Smith commented: "I forgot to duck but I
got a good picture of those who
did•,

* * popular spot
LABS• RIVAL?--Most
at Co, Hqs., day or nite, is the
E,M, Darkroom, where •amatuers•
can soup and print their own
super rolls, This is a treat to
those who enjoy printing their
own negs--in fact more than one
man has become so engrossed in
his work he has stayed up all
nite printing!

* men,Sgt A.M.
Newcomers--Four* new
Peterson, T/5 R.J, Chapman, Pvt,
I,C, Jones, Pvt. N.G, Klecinsky,
have joined the Company, All but
the later have left for their
first Company assignments,
and
Klecinsky is at work in the Lab.

* *
A Second Tho-wi:ht?
Newsreels orGerman atrocities
sent to Bneno~ Aires early in
May were held up,heavily censored and then, finally barred, Unofficially, Argentine spokesman
explained that the films were
•morbid",
Last week
however,
unexpurgated ver sions
of the

Ktroci-cy

* *

hit * its*

Our team
old stride on
June 14 by winning over the 503d
IIPs by a score of 6 to 3 1 a Dick
Kerriwell rally in our last turn
At bat, put the game on ice,
So far our teAm average is ,666

ms were- s uauenly re -

leased in Buenos Aires
and,
according to State Dept reports,
greatly impressed local moviegoers.

DRAKE "FANS"I! photo by

The score:
512th IIPs--4 l66th--2
The IIP•s attacked us in force
with marks sticking out of every
pocket. After the game they were
all smiles but they left us forlorn and dejected, Marvelous how
a keg of beer and two tiny cubes
can change one• s outl ook on life.

* *

* *
Another

*
One-Nite

*Standl---This

Photographed by
T/5 Miller and T/5 Ornitz

was the Lab set-up

in the woods
at Courcy, France in Au~ust •44.
That•s T/5 Stum bending over the
bucket and he•s not doing hi~
laundry--he 1 s mixing developer!
Note Lab Office under the tarp-we•ve come a long way since this
picture was taken.

* *

SLIGHT OF HAND?---Lt, Oakamoto;
newest addition to the Company,
certainly keeps us baffled witn
his card tricks. It takes some
persuasion to get him started-but he can keep you amazed as
long as z.2.1:! can take 1tl

....

T/3 JACK WARD back from the
Rivieria has the follo•ing story
to tell about his trip to Nice,
Ward went into a small care and
ordered
champagne, drank it,
chewed up the bowl of the glass
and threw the stem over his
shoulder. He continued this for
about six drinks when he noticed
the bertender staring at him.
"I guess you think I•m crazy,
don•t you?" asked Ward,
"I sure do,"
the
bartender
replied, "The stems are the best

partl•

* *to '114 Kurshan
What ever happened
and his S.I.s. Detachment?

Table For Two?--Men of the Co,
enjoying a meal in our popular
E,M, Mess Hall--with•music while
you eat•. (That•s quite a mouthful Sgt, Caliendo was trying to
manage at the time the picture
was sna pped by T/5 Hitchcock)!

* *

New Assignment--Lt, English has
left Co. Hdqs, again and is now
?hoto Officer at a new Corps.
With him are his two old stand
bys---T/4 Miltenberger and T/5
Boland.

�'-.'A.V IE IE I~ IL ~y

Of?.A~IHl~O~ E I
I

2.4- JUNE ·1945

VOL. 1

NS! 24-NSZ25~

I

* *ent
•30"--For The Pres
This issue marks the final
edition of Volume #1 of the
KODACHROME. Under th~ editorshi p
of Lt. J.C. Isham, our Company
paper has appeared weekly since
it•s first publica tion on Dec. 3~
1944.

We•ve tried to bring all the
news and intere s ting happ enings
of the Company to each member-also making the perfect souviner
of our highlights in the E.T.o.
Watch for Volume #2 in the· not
too distant future!

* *Soott is givAdded Help-TS Elmo
ing Pfc Smith a hand in
the
Barber Shop the s e days, and now
we have 2 barbers working daily
--keeping us •·trimmed" w1 th the
latest in summer hair-dots.

CORGRATULATIONSl---On June 16th,
Lt. K.E. Hunter, our c.o. was
promoted to the rank or Captain.
He is shown above on June 24thi
as Col. E.F. Hammond., Signa
otticer, TUSA presented him with
a Bronze Star award.

* *

Nite OWl--Sgt. *
Teas* is looking a
little "bleary-eyed• these daysas he•s been •all niting" it in
the E. M. darkroom continually.
(His usual hrs, are 10PM to 6A1l)
From his efforts, have come some
new and outstanding prints for
the E,K. Day Room. Portraits of
Sgtts Butterfield, R. Meyer, and
Blankenhorn are among them.

* *-Recent movies
•Girls" &amp; "Tokio"seen and enjoyed by the Co. in,..
eluded a double feature•Bring On
The Girls• and a Army Pictorial
short •on To Tokio!' The later is
also being rushed into
release
ip the States,as it answers J118IIY
questions on re-deployment that
fuilies at home are asking.

U.S. ARMY LANDS IN FRANCE.
UTAH BEACH, JULY ·5, 1944.
l''PAss in Review•·· THIRD

* the "I" with
REUNIONI--We•ve*had
us right along, and once more the
"E" has joined him.
Thus, Lt•s
Weber and Sa lvas are back to
work again as the later has latt
Corps and is ta ck here at ao.
Hdq s . I &amp; E Jll8.rches onl
* *

* ' *1 s. Downardl
Prague Bound--Sgt
Butterfield, and Harding are ofr
to Prague and a new assignment,
the s ame crew having
recievea
much praise on their last story
in the same city.
* *trailer is beLike New--The Lab
ing •rejuvenated" these days and
is getting a new coat or paint
inside and out. Since landing
in France, she•s been on the go
continually and really stood up
to the rugged ba ttle she went
thru. When compl eted, she 1 ll be
all set to do it over againl
* *

RBKEIIBER-The start of our famous
Baseball Team-Nehou, France.July ·
144,

• •••••
* *·

The Big Three--LtoR, Capt, Lewis

163 Photo Co.~, Capt.
Hunter
166 Photo Co. ,end Cspt, Hawley
~165 Photo Co •• Tpe three CO•s
were talking things over at 166
Hdqs.

FINAL EDITION
* ers and E,M.
AWARDS--Twelve *
Offic
ot our Company recieved adwards
trom Col, E,F. Ham'!nond on June
24th, Included was the Air Medal
to S/Sgt Raymond Graham, who was
the first member of our org anization to recieve th1s honor,

.,.,.,,,,1,f,J.,,.,,.,,.,lf,1,i,"'

.. 11,.11...J,u;,·• .,11.,,w,.,.·11 1

* *

* * trom France
Safe and Sound--Back
.came S/Sgt Luther Joyner
who
spent an •exciting• week at the
Riviera, and T/4 Simon and Pfc
Kallinder from gay Paree. Sgt
Joyner,we heer,certainly enjc,yed
the sun bathing end sight-seeing ·10 Minute Break---T/4 Tomko,
ffewhouse, and T/5 Scott are seen
trips that Nice had to otferl
relaxing in our comfortable E. M.
Dayroom, in this shot by
T/5
* men
* have joine~ Hitchcock.
Welcome--Six new
Note salon prints by
tpe Company in the pest
week. members of the Company.
~hey include T/4 H,T.· Regas;Cpl,
*
L. Friedman! Pfc J.E. Gail,Ptc,
Visitor--•Xenny"* Parker,
rormer
J,W. Ochs, PVt, F. Bate1li 1 Jr. 1
memb~r
or
the
l66th
now
7 whoan is Arm•d
-Pvt, W.E, Dillon, and Pvt. J,L PRO photographer with
Fleming •
l)i..,~-stop_Eed in to s~ hello.

he Lab Trailer set up in th•
now at Belvaux, Lux. Jan 145,

* *
How to Make Good Pictures!
Twenty five men each week will
be arriving at Co. Hqs., so 1f
you see many strange faces don•t
think y0u•re in the wrong spot.
We have started a school here
to teach soldiers who wish to
learn photography under the IR
program. Seven of our photogls
Will act as instructors.

* *the custo• er
Did you hear about
who complained to the
w~iter
about a fly in his soup.
"It••
just force of habit sir•· was the
waiters• explanation, •our chef
used to be a tailor,"

�HB:J}.Wiu.l.TERS
THIRD U.f\JIT~~D ST.[1.TES ARMY
l~PO 40::i

23 :r.:o.r ch 1945

TO T:IB OF'FICE:lS

.:u D HE~J

OF TEE THLi..D AiJ'..Y

In the pcri,.c'1 :2r·n 0L,n 1J.t~ry ?9 tr~ Fc.rch 22 , 1945 , you hc,vo
w1·esto-:1, · 6 , ~84 s:iucro ·:i.l •::.s -:,.t tcrri-':-1•:T· :r'rc1;i the enomy .
Y::u hc.vo
tc,1.:Gn 3 , 072 ci-\..i&lt;.s , t.•.ms , -::..1t'. villl.:;cs , jncl\Hlin,; o.m~n; thv f .. r:;ior :
TT?.L~l., roBLEiJZ , B ur.1J.,J, ';01..I:S , 1 !i.r:z, lJ-1.L:, E",tS L \UT1fa.:1 ' Gnd LUDWI GS j_L:',FEN .
You hc.vc cr.+turoc. 140,112 ,.mE.;·.1y ::ic l.liors , end h'lve killed Gr
W'... UY!t.lo~ c,n o.r~c'.iti~nc.l :)9 , DOO , t11cr0"by ,,l.i.rLwting pro.DticL,lly c.11 cf

the Gonnc.:-i 7th c.nc; 1st Lrrni-:-s .

R:i,story rc·C(\r ..',s no c r oo.t :..ir c.cr. iov1;11c~1t

in. so l mi to~~ o. ti:.1d

This c r ot'.t cc.i:i.pc.i;n wc-.s cnly nc..do psssiule by ?C"J.r discipl:i.nGL1
vr.lcr, uns\rnr·v·in; ccvo '..;ic~.-:. t,. cl.:,ty , c ourlec;. with thE:: ur,r,ecrc. ll elv:i
c,u,.lc.c i ty c.nc. sp1,0d L f ycur c.,1vc.;.1cc on the r;rcund ; while frou the c.ir ,
tho pe:.. rloss f i:_;htor - O...;iJbcrs 1~0pt u~ o. relentl ess r e. urtd- tho-clc- ck
::,tt::.ck upc.n the dis e r _:;c.nizcJ 0::-:.,::.-:-.y.
The wcrl'l r~.nGs with your ::'rc.isos : bettor still, G0n0rc. l
!1::.r s h~.11 , C\..,,i;,r2.l E::.s or,ho·:rnr, c.::-:d S-un'.,ro.l Brc.,:le.y he ve al 1 perscnc.lly
· c ·:-:.::.'''len,kd y, u.
Tho hi,;host :1cn0r I h~.ve ev0r u.ttu.inoct is thc,t c;f ho.vinri;
r.:y :1~.r:i.c: c:1upL:L:l with yours in thcs0 r;rc.t events ..
Ploo.s o o.ccc"'t ~'Y hc::.rtfc:-1 t t-birc t i c11 1:md th&lt;J.nks fo r whc,t you
hc,vo d:::r.e , c.nc1 rar!lU-'bor thc,t y s'.1r 1:.ss~.u1 t cr c,ss in :; cvvr the Rhir.e a t
£200 h-:--t~rs 1~.st ni,,;Lt cssnr0s y.,u (,f ::ive:1 groo.ter p.;l8r y tc c c:r:10 .

/:,/, f ·

S . ro.tton , J r,

/t/ G. S . Pl,T?ON , J~: .,

Lio1,~t. General, u . S . 1-.rmy,
c(. -:unc.n(.i '1~.
DIS T~:IBUTIC! :

~ &amp; n c';r-

Tw ,._, lf-l.; h ..:.rmy Grcup
XL~ T."i.C

-· 1 -

�I-L-S ,~.r:q; .'./'J1!:'.l't,S XX 80HPS
OFFICE of t he COMl.'.;\NDIHG m;NT~AL
1' Po 340

27 Mnrch 1 9/i~

SLTB,JJ~'I'!

Commond::i.ti on .

ro

Corr.111anding Gene ral., 26th Inf.:mtr-y- Div1.d.0n , ,:.• ::. o. 26 , :,r. 3 . Al'ITT.';( ·

:

'rr-mu
1. Upc n th,, dc.:partu1·e uf the 26th Infantr s- Di vi._r-:: L., n fr cm the XI. Cor.p s I
de s i r e t o c om:;:1end y ou 3.n°1 y our c omr,,arnl f o r the~ out s t mding mr.umc r i n which you
::ind they havo oce cmplir,l'•e&lt;l ii.J y " ur .as r.dgned missi ons . Yolit' r~icen+, ope r ati ons
·:mst cf t h e, Rhi ne VE:: r -"J und..: r t,·'.1!-cn and ~omr•let ed i n a s upe ri 0r ':iarm0r .
1

2 . The 3.t&lt;:gr es :::i ve dnd .-:Jt.' fi&lt;.:i(mt r:1·..nn&lt;/f i n nhi ch you c arried out you.r
appointe d tJ.sks r efl cctr, gr 8 '1t C!'fJd:l.t u.pon y:·;ur dhrisi on .'."nd up on y ou :is its
C0i•:1J-:-r..,ndirJ g Gert,_ r3.J.. Yri1.,r sc-und .:;urlo zeut , untirtng cf "orts md the hi ghly
effir,i ont r.--.:mrc r i n whi (!h y c·11 0'"'Wl'\,tiJd Y'mX uivisi. L1n m d ott::i.ched tror p s c ontribut e d t1 -:;,t e ri::il1y tj c th ,) Cfib r ,-:i:t;i ·rn :i, t:P.1cc,~1:i s c.f th0 XX Corps . 7 our i mme diat e
and accu r ::1te 3.pr; r:ri ;:; :11 of ev,:; ry oi tu.~tie,:·1, and ths c omp)_r..; t o c oopcr:::.ti-:n t ende red
by y ou , t ogether vri ~h t he vi go r i:rj:th ,-rh:lch ;(C\Ur t r ccps unJ.e rt ook t hesG mis s i ono ,
hao been most not;cw,.rt}iy .

J . I extend. my p r::r ;;,Jr,.:iJ. th:mkri •and t h o;; c of the ;:y fJ c rn c t o y ou 'm(1 t o
your c-fficer3 , warr"mt d ' fj c ,.?r:; -~nd eriU.s+.ed ti0-11 f -·,r 1 3pl(,11clj ri 8X'.JJrple of
chee rfulnes s , j_nd.G:7li.t ab1e .spi:r:i:t nn I c -,uro.g~ unde r tryin;~ b ::i.ttle c onditi ons .
/ s/ 'thlt on H. Wnl kcr

/t/

W.'.LT ON H. V!;\LKER
l:i~.j or Gc ner::11 , Unite d St::1t0s Arrry
Cor:un.:-.m~U.ng

l\.G 330 . lJ

( 27 i.~3.r h5)' - GNMC,\-5
HQ THIRD i,T.S ARJ;Y, itfO

1st lnd .

403,

U.-S. Ar my,

15

Apri l 19l.i.~.

u.S.

TJ-W,U:

Ccmm::mrling Gcpor ,i.J , XI I Corp~.: , ,\.PO Jl2 ,

TO

Comr:12.ndin;; Gene ral , 26th in.fant,I'1J D:Lvit1 i on , AFO 26, U. S. Ar my.

Ar my .

Th,, Cor.m,:in.d i ng Gc nc r:i.l. i s pl e ased to not e and :for ward this l etter
of c ommend ati on .

�.;ONFJDENTIAL
HEADQUARTERS 39TH SIGNAL COMPANY
APO 26 C/0 P.M., NEW YORK, N.Y.

5

JULY 1945

SUBJECT: CRYPTOGRAPHIC CLEARANCE OF (OCHS, JAMES W, PFC ASN
36408043).
TO

: COMWiANDING OFFICER, 166TH SIGNAL PHOTO COMPANY, APO 403.

1. IN ACCORDANCE WITH INSTRUCTIONS FROM TWELFTH ARMY
GROUP, WE ARE ENCLOSING THE CRYPTOGRAPHIC CLEARANCE or THE ABOVE
MAN WHO WAS A MEMBER OF THIS COMMAND.
2. THIS CLEARANCE SHOULD BE FORWARDED WITH THE SOLDIERS
RECORDS UPON TRANSFER TO ANOTHER HEADQUARTERS.

,4-~w. 13~

w.

GEO~
BELLIVEAU
WO(JG)
AUS
ASS'T CRYPTO. SEC.O.

ENCL:

CLEARANCE RECORD.

CONFI

�! . . f.AD-Q'U_,_r. T:s~·13 26~:r· r~,-:-y \J~TR.Y DIVIS IO}J
L..:.'O 2. c.., u- . 3 • nrr:1.y

20 Doc ember 194·1
TO : · All Of fice r s 8.nd :Snlisted I.'en , 26th Tn:P&amp;nf-r v Division .

At. t 1~is Chris+.ma.r3 S()O. .so:: I Y,'.":~_s}·,. to o:ctend to eac::". £1.r.d (••rery in.div~idua l my
s ir1c Gr C!S +-: wish os for 1J~;.r ~-s t::;.;;_ci s :Je.-_r r ·1.cl _:rt, i/JB r":nss t i':.o ·--- (~s +hr t t&gt; e c om~_Il ·~ :rec.r
1.firil!.. , \:itI1 t&gt;_e con-··:~.n~_:,:..~d c'.f:·cr .-:s jf c .,r,::;cl·;.rvs ::n-:-1 cJ.r co::-,rf.'~~es , see our returr1
to &lt;:.he frrmj_lits en-:.} fr·i_e}.:.r}s vr}·!o :p:;... e.y· _{··or t~:-~c fi11e,1. 1rJ.ctory .
1

1

In or ~er to o.cti ve ttat soQl , 02c~ of ~s must stiJk to the job set befor e
us end corriplc,te it to o,J:~ utmcst ':..bi1::ty- v,r;·:e-'.)ier 01T plo.ees of duty he h1 rmck
of the l ine or in the li~J.e :tts,;lf e Ec.C~i. o:f t;3 rr:.J.st livt; up to t~1e fj_~--~11-:·.in;
zeo.1 o.nd ten.Dcit·y • :hs\.t al-1.rs.:/s ;_:8.s xn.c.cle the YD n t1·rinb0l of hcroisn . \Tc are no1N
addin,o; to that ,dor·ious trc.cUt~on . Lot .rn neve r :Por ,:_;ct those, whose sunr2,,1e
se.crifico mad0 -L-'-1-·o pr.\t}:_ to ·victcr~.r possi;Jle .
0

1

lo rr c.ine your
·--·
and de-:;··otion to d 1.J_-,_r r1s,d{:) ··,oss·~. bl:.; tl·i.c-: ~r-;_:_shir1P: of st1..::.bi-)crn ~Ia.z.J. rGs:.stc:.1.co in
c'.:.r fro11t .
Tha-~ t\.o ( i_ ·v.~sic:1 ;n:.s 8.~lo tr) erd,,cr G-c~rs.nrrry itself e.r~ter e. lon_;
Q GYli::i.r:~ucd dr i ~re; T,rc.s d , r-- -i_,c ·Jc,·;_:1· o c',r c. '"'e f :1.d d et erI!· in,,., ti en 7 o r.1 c · --]7 o .~! o :J d ·3S '"'it e
vvcctt.or r.nd ~~e:,r:rr_ 7_(\ -~1 j_,-~:--.. ct. t.i.r.t.C:.:3 sc-..::·:,3,} i:c.sur1nc:u1tc-."'r,le .
Irt fu-tu.rc histJrios
¥rill ·oo recorded 011r :~cr-C: i~J. ..:1.'·,:s ".,"£•.r.; -1_-~ it3 f.:_t-~:nr; -t.~[-+. ~-ou :r,.sv·c do::1or.s·:~rated
t:h e Su.;~: er j_ o r f i n:~·1.t-:°Lf.\ ·~. c,1..: ~~ l. ~- -}_-.:~cs t~1c.-~ C·,;~-l:~r ~JC. 1,r,:: lT 9 cl. e ":[D !ti S ·I:; or·v •
1

1

r

~fa~o:~~ ::.o~ct9.1 TJ 3~i~f1ny
Conrr;1c r1 (~ in..C:::

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J.§ Dec o• ber 12""4.;:;.5_ _
SS LE\lI STON VICTORY SPEED Q,lJ-:EKJ OJ!'

AME,RI CAN VICTORY l!'LEE~

EDUC_-'.'.fION1t
VES.S

,J

:B:SNEF'.! TS BEST FEATERE OF
I. -3rJL OF EIGhTS 11

1G.

SS LE1lISTOl\'f VICTORY, D:rJCEtlEER 18:
-----Even landlubbers aboard the Leuiston
.Al thoug:0 be:ne ~it ti 1g every veteran
Victory can tell that she spins a r.1ean
of this w~, ·1 ;he ,, C.::: , ~l!LJJ OJJ' RIGHTS If
propeller, but few realize that she is
is espe(:iail y hbl:p::'U~L tc• the_ nan who
one of, if not the, fastest Victory
plans to con::,:lnue/is ecuc1::,t,ion , Genership on the seas.
ous ,.10:i.etary• alloua1ces (up to $500)
The Lewiston holds two vo~;~e rehav-e been px·cvidea. ·'or tu.it;i.on, books
cords, having r.1ade the ·5,892 nile jourand eq_ui.:p:::ieut, with additional provisions
ney fron·Marseilles, France, to Galvesfor su·bsist,3nc1,.
ton, Texas, in 12 days, GO hours) and
Every ~a.1 is entitled to at least
fron Galveston to liiev York, a run of
one ;vear of edv.cation or training if he
1900 niles, in 4 de.ys and 2 hours.
has 90 dPya of active seryice between
No records are likely this trip,
Sept. 16th 1940 and the end of the ,war,
since the Atlantic weather is usually
and has pe€n honorably discharged, or
unfavorable. for such swift runs at this
has served a shorter tine than thE&gt;,t and
tine of year. However, Capt. ,J .H.Huber, h a s a serv:1.ce cori..nected discharge. In
Master of the Lewiston, always pushes
addition t,~ this one year) there are
her as though he had a sor. ,-Ji th 123 pts. provisions for further education up to
abocird. r;,,rualif'ied observers are prea total of 48 nonths.
If, for e::anple,
u.i.;ti!.b t:,_,;t '"" -;.r.,_l:. c ....- _. • tu :B-cr';~~
V!.,,t e... i ,mtt- ~ ~L., BL.rV'!ce "tre::.ore
Harbor 11 sonetine 11 \lednesr1e.y, Dec .. 26th.
oachL1b ,•;5, he is ontitLid to one nonth
Chief Engineer, Jolm ilhi te of Portland,
$tudy or tre.inLi.g for every ..1onth spent
Oregon, says the J;iewiston has actually
m the Aniy, exclusive of tir.1c spent in
been clocked at 23 1/2 knots and it is
·.,1-STP towa::cis co~rpletion of trr,ining conestiraated that •she can do 25 knots per
;inued fr ,)r.1 civilin.'1 life, - Tr.e sane
,
hours (1 knot equals l 1/? nph).
:lrov-ision,3 n.ppl;y to Vzts oldGr tr..an 25,
Built by the Oregon Ship Co., a
vho cn..,_'1. p:·ove thd their education or
Kaiser subsidb.ry, the ship was launcl\ed rainin5 was :::iaterially interl"1Xpted or
in Decenber, 1944, and was co:onissioned'_ .. r.ipeded by enterin.-_; nilitary eervice.
on 29 January, 1945. She was na,,-:ied after
The VA will provide a nonthly subthe town of Lewiston, Idal10. She
dstence allo\1.::.nce of $50, to oen ,-,i th
r.1easures 453 ft,- (overall) len.;th, 62 ft. ro c.eper..i ents and fp75. t ·o those with
in width, and is propelled by 8500 hp
""per.de:1.ts. 'Ihis pi:~ynent t1a7 be elir.iiengines, one of the few Victories with
ri:ited in the cases of uen working fu1.l
r.1ore than 6500 horse power.
ir.1e, 0r sca led down in the cases of nen
As the first issue of the 11 Logtt
, orking pe.rt tin e, or for those who are
hi ts 11 newstands 11 this norni:-ig, the
t einc.; pe,id for ,.-,ork done a s e, p c1,rt of
Lewiston has tr, ,velled appro:Kinatcly
'I: 1c ir trair'. b (; .
340 niles on h0r 4,000 Diles journey to
Ve
fr,
1. -~ t- e;-.,r .. ~ _ o::
Boston. Since the Lewiston is now
oa. he ::ieE:1ts
uainta:i.r.s
functionihg on only one boiler, we will
tJucationrl standerds of that school.
probably pass the historic Rock of
~ he Veterans J~dainistrRtion pror.1iser;
Gibralter, through the Straits and into
t ~ pay up to $500. for the rcgu.lar nine
the Atlantic Ocean late Wednesday after- l1 nth school year.
noon. We are due to pass Cape St.
~********************************~*****
Vincent on the coast of Portugal in the ~t CK OF Till:J SEA? Do your knees go in
wee hours of Thursday norning. Troops
c,uposi te directions without your ::nowing
aboard the Lewiston oay have a chance
• t until ~rouive had a forced lane.in5 1
to catch a glinpse of the Azore Isle
sten to Doc Nostrun, Physician at Sea
of Santa Maria, but after this we will
nee he got his license. Doc ad.yj.ses a
not sight land again until we enter
ng walk around the deck, deep breathing,
Boston Harbor.
d a big wad. of chewing gw:1.

*****************************************

**************************************

�/

1 66t__ 0 lG, 1L
• 0 L03

,_QTOGRAI HIC CO.
1 f.
U. s. A • Y

20 August 194.5

uUBJ~CT:

Requ~st fo r p ass

TO

Co mmanding Officer,

fhotographic Co ., APO 403.

1 60th iJirnal

1 • Request three (3) day pass beginning Thursday, 23 August 1945 .
2.

_,,_ddress -,,hile on pass

•ill be:

care of Leat _ilcle Y-.arger,

eo.ange,

Luxemburg .

.

1944.

3.

'I'he date o f my last f rlou2'

4.

.rhiss rey_uest conforms ,it 1 sec D, par 1 , Cir 57, sec ,., 3 and C,
57, _leadquarte;.~s AAC., dated. -24 ifuly 1945 .

_-ar 2., Cir

as Aoril

J/::;;;oc::: cJc-L
Pfc, l oo §i g rhoto Co .

KEH/rvl.

1ST Ind .

Hq 166th Signal Photo Company , iiJ?O 4.03, U.S . It:rrrry , 20 h-Ugust 1945 .
TO :

co,

522nd

l.

Approved .

Group ,

~o

752 ,

u.s.

,.:rm.y.

~~Captain , Signal Corps
Comdg., 166 Sig Phot o Co .

2d Ir.d

Bq 522d Quartvrm&amp;ster Gro'P,
To:

'Jomrna di

PC 758,

S .r~y (Jo

· crLans) 21 A.:.

o~flicer 166th Sig Photo Oo, APO 4)3, JS Ar~y

A.p-orov~d.

r

~apt,

3R

1: :.~TT1 ,:'

,. ,J, Ad . c.1to.r.t

45

�F.2AD';_;::r' "' L':SR S
OISE :'..r'.T.:-1;·. ,i: .,. ,':'E SECI'IOH

The rcom. in ·.1hich the Gerrrre.ns capitulated in World Vial' IT ,;,as _pe.rti tioned
'cff from r1hct ·:i~s once a large assembly- room on the first floor of the Ecole
Professionolle i'n Rems. When SU.promo Hcadq_uartors novod to Reins, it bocm110
the Vl/s?. Roo:rr. o:f SHl.EF For1.1ard -- the brain' center of tho Ji.llied Fcrcas end
workshop c f General ·Ei senho,JOI," and h:iS.sto.ff •
With triG exception of minor changes irr furnishings, the ro o.':1 astur:icd ovo_
to the city of Ro:ins in .,: ceremony on ;ruly 7, 19i.i.5~ is the sa71e as it ·::us on·
May 7, 1945, ,-;hon surrc :Oc~· negotiations Tiore in progross. Meps, ch2rts and
fi gures ho.v::, beon restored as they oxistoa: on that date.
Upon entering tho Wl\R Romm, ono secs on the ri r"ht o l argo geographical
survoy map showing terrain elevations in color. This · is c2Eed.the 11'Inst[:llatio.:is !-:op 11 • and is spotted ,1ittsu1e.ll s~uares of colm~o,~ r~21rc .:i ~"d roprcs0r...tirtg ·
sui:ply · depo ts in r.orther.:i Franeo, B0lgium 0nd k 1xo·1l: J1' l'g-. ::: 1, also sho-:w. rire lincs feeding g2soline to tho front lines fromtll:cc Boulog::10-Sc::Ic:is coasta l arc·
and fFon Chorbourg. Thero a~e notations showing tllo tor1:1in0ls of undcr71'ater
11
11
pipelines oxtending frc~1 England to Fronce.. Thos0 ere identified as plutos
-- a code name. J. thir,i ro"il of pipelines extends nortlmard intc t l e combat
zones :fr c .r I'.Cars__,illes, -;-;i tl1 a s:mollor inset mar sho11ing t he southern part of
this li no . Fuel and oil store.go du:;.1ps ero dosi,;nated on fue ne p '\7i th a caFd
s!'lowing tho q_uenti~y cf supplies on hcnd.
'.'lalkinb count0r-cl0cb.is0 around tho roo1:1~ one s0os on the nr&gt;.xt m:ill a
:railroads me:p sho:7inc; in blaek lines tho routes of all single and double tract
railroads 0r:. tl1e co:1tinenit., Red lines des:ignot ,:- r nilroElds ur:d er ropoir orr 1.1Iay
7th. · Tno cha~ts flac1.k this na11 on the left. Ouo· lis,t s the r1u.TJ1ber of imported
and captured locor:rotives nnd freight cars boi.rcg used by the J,.lliod Forces on.
J.pril 19, 1945 . The othor lists t ;1e r:rilitc.ry to:mage transported hy r£:.il on
I.;Iay..

6, 1945•

Porhcps tho next chart is the most striking of ell.. Lt is a gJ.''.l.'11 bloc·k s·.7ast iI~o. with o red thermometer in the center, s :1owing tho nurr..bcr of' German
Boldier-s captured by the J:,.llied Forcos. The chart disclosed thet 161 Qer1:::cn.
divisiono, representing 4.0.35,051 troops; hed been captured from Juno bt 1941r,
to May 7, 1945.
Dirc,ctly bonor:iih tho s,,estika are t,,o statistic2l chart.s . one shews U. 8
and Bll'i.t ish plmmod a!Id aetuol unload ings of cupplies at the French chonnd
:ports. Tho second chc:rt · fs sub-divided irito three sec'tions; one [l breakdown
of tho nmr.ber· cf Gornens cnptured by oach Lllied J,.rr:w· Grou:--; tho scocnri. o.
11 Storos Disch1:rgecTlf ch1::rt listing t!lo volUJ.110 of troors , vohicl os end supplies
unloaded c ::i. tho contino:::t; and tho thirrd listing Lllied Ground Forces casual ties 021 t ho '\"Jostorn Frcnt, sho...-ring t'otal cnsuel tfos u p to j\~eiy 7th as 661 ,900.

The r o1'10ininG info:i.c.101:ticn on t ::.is '\7211 consists -of emoitli..er • transp0rtotio:'
chert listing ship ton113ge s r,rrivi nt; , unJonded, ond cloarod at tho vrrici.is
ports, end tvro navigation charts sl.:o,fing tho mined eret:is of fr..e F.nglj .sh Chonr.:.ol and tho Ncrih sea, -:-r~ th an opon lino loodinL -co SVvedon.

TLo next 'l'lall is col.!1_plotBly cove red ·by· t·:10 l ergc ·battle meps ond o small
insot 1.:1.ap . Ono r:,.ay s hows frc:n, p11daposf. to Donz,ig on the eest; f:iwm

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Pvt. J ames W. Ochs, 36408043
u.,lJr Dttroit 1frtt lJrr$S
ESTABLISHED 1831

D E TROIT 31. MICHIGAN

39th Sign. Co.

APO 326

c/o Postma ster

New York, New York

�SO:

328

*

HEADQUARTERS
0 ISE JNTERViED IATE SECTION
THEATER SERVlCE FORCIS
EUROPEAN THEATER

APO 513
24 November 1945

EX.TB~:S[.!
*

*

45 The f~l named EM, orgns ind ar e trf in gr to the 328th Inf Regt, 26 Inf Div,

L:6

Camp Pittsburgh. WP new sta, rpt to CO there of for dy. Trf of property will
be in compliance w/Sec II Cir 52, Hq European TO, cs, EDCMR 27 Nov 45. TCNT
Travel by rai_l and/or Govt Motor T is atzd. TDN 60-114 P 432-02 A 212/60425
582ND SIG DEP CO
ASN
ASR
MOS OF SERVICF
Sg t Charl e s Persell
35'ilP9776
68
23
T/4 Saul J Sokolow
31371515
66
24
T/Sgt Robe rt A Jobe
35404578
66
42
Cpl Eugene Wright
31404755
66
24
T/5 J Sammartano
32826164
66
33
T/5 Warren R. Carlson
17112995
69
31
Cpl C H Saucie r
31351839
66
24
T/5 J N Covington
14168100
66
22
Pfc M J Podgurski
31371213
66
24
T/4 B A Montoya
38169134
65
35
T/5 Richard I Crouch
13142978
65
34
Pfc John Kalgidis
35916506
· . 65
23
T/3 Odie R Lewis
14140884
65
36
T/4 r!al ter Coleman
36414677
65
33
T/5 Dominick Mandate
12141228
65
31
S/Sgt Mil ton J Fox
36404200
67
34
S/Sgt Joseph A Grossman
· 19125910
67
35
T/4 Teddi e Hagar
38244597
67
34
T/5 ·:!illard C Speer
37668330
67
29
Pfc Gerald McCartney
31379942
67
24
Pfc Norman J Paque t
36965011
67
17
T/4 John D Fowler
15172045
66
34
The fol named EM , org;ns ind are trf in gr to the 101st Inf Re gt, 26 Inf Div,
Camp Pittsburgh. VTP new sta, rpt to CO th er e of for dy. Trf of property will
be in compliance w/Sec II Cir 52, Hq European TO, cs, EDCMR 27 Nov 45. T0NT
Travel by rail and/or Govt Mo tor T is atzd. TDN 60-114 P 432-02 A 212/60425.
5 82ND SIG DEP CO
66
Cpl Stanley Ur~anski
J l .38 ll80
~4
66
T/5 Joseph Dobosz
24
31338778
66
T/5 Harold B Hayden
24
31371541
66
T/5 FJ:nile A Willett
24
31351815
Pfc Joseph Palombo
66
27
31387219
66
Pfc Charl e s M Riordan
24
31350034
Pfc Albert J Sklar
66
24
31371716
T/5 John J Doegan
65
29
19090339
Pfc John P Fe rrante
23
42013785
65
Pfc Jame s M Smithey
25
38519316
6~
...

T/4 Vigil E Drum
T/3 Sidney Rivman

.

.

35420422
12151296
.. ,

66
. 67

unk
unk

. 66
65

24
35

69
66
66

33
33

65

.35

66
66

35

69
~8

34
32

68

29

,

I

-·-

194th Lab S1JPV CTR
T/Sgt Fre d L Elsey
35760301
S/Sgt SF. Johnson
37312371
1212th LAB SUPV CO
S/Sgt Julius R Gluck
. 32683489
S/.Sgt Donavan $t ewart
36415163
Sgt Frank A :ri1innick
. 33611895
1681st LAB SUPV CO
., .
S/Sgt Irving W Dotsath
37311884
1761st LAB SUFV CO
lst · sgt Charl e s F. Cornwall
37227555
S/Sgt Walter H Ford
32493103
1762nd LAB SUPV CO
S/Sgt Pasquale Marrone
32524744
S/Sgt ]}}nil Sc~ollmey t:.r
37406649
1876th LAB ·SUPV co
Sgt Tl).omas H M,urphy
13128398
1930th LAB SUP.V CO
Cpl Edw F Vavra
· 38245005
_Sgt E~1;'i Tynaall :
3363307.2 ·
~

23

36

�llt.&gt;terence Etousa l'adiogram EX 64012 dated 2 July 45

CERTIFICATE OF

l.

AND CUSTOMS DECLARATION
(strike out portions inapplicable)

Tag No ......... _... · · · · · · - ..

-:J)__ppp!:_E.'_ .~ A6
(Type ~ontainer)

a.

l certify and declare that the following Items of Government Property were purchased by
me and are my Personal Property.

FLA5H L/Gllt

p F..~b.

As his Commanding Officer, I certify that the above names

............... ······-·····-·L NF

(Rank and Arm)

·--···--··

- - · ·.. ···················•--·--···-

Has by authorily of this Theater Commander been autbo-rized to retain the following Itemn
of captured Enemy Material and has evidenced to me his right to possess the Items.
BRITISH .....
RUSSIAN
Government Enemy

.... ···-·-····-.j/-···· ····-

Captured Enemy Material

__ .. ··- ·---···-····• ... ····-···· ······- _ .... _

-·-·············----

7?.l~.T.PL::::~...J.e. .......:i~.l~.-~ . .cE~~ A!!...lREAICJJ /f~/Flt

Allied Government Material _

- /) J /j~I-✓.

~

.... ··········

(si'f;;;~;~~·?iJr

7

¥-r-

.£,:;,.

·········· ········~···••·••·······················--·

2.

(Date)

Tbe following Customs Declaration will be accomplished in all cases. In addition, the Customs
Declaration tag will be accomplished and affixed to the container

CUSTOMS DECLARATION
I declare that all Items listed herein consist of personal and household effects either taken abroad
by me or acquired abroad for my personal use, except the following. (here list items or write
« no exceptions &gt;1 as ap&gt;propriate).

£x~E PTl~/II

7 !}EC

I 1'/b
(Date)

(_

L~~~ "?: ~~.~~-· . . .
(Signature)

~,,/.

(/

~ .✓

.•' / / )

~ 0 ..13

(Raak and ASN)

�IMMUNIZATION REGISTER 1

J

LAST NAME

36h08043

Qchs, James J
GRADE

ARMY SERIAL NO.

FIRST NAME

I3qn•s &lt;:,C•

COMPANY lREGT.ORSTAFFCORPS'\

AGE

I

RACE

SMALLPOX VACCIN,E
TYPE OF REACTION 4

DATE

________ !,H¼________
1-18-1.
I.

-----

_J:-:f'?I-- 'fs- ----

MED. OFFICER 1

_J:111~---------------

.lZ -- -------If~-

-- --------------------------- --- -- ------

---------------------- ---------------------- -

-

.=.:=:.:.:.:.:

TRIPLE TYPHOID VACCINE
-

DATES OF ADMINISTRATION
SERIES

!ST DOSE

~

1st ------- --~'¥-'-'
i'ltf.ilni-n 1 ,

2D DOSE

~ E D . OFFICER I
3D DOSE

od
1 o_
w --y---- -l2. -~--

{1_,._r

-------------

:~~~~~-~~ __ [~~:- ss~~~~~~ ~~;ia_~ __ -;{£_~~~
TETANUS TOXOID
INITIAL VACCINAi"ION

.......

-- ------ ---- ----

and None,. .

STIMULATING DOSES

-

�R E 3 T R I C T E D
Rq 26th Inf Div

SPBCLL Ol.D,i;RS :
ruu 2:1
152:

APO 2 6 --:;-3 :~nr:,,"
2.8 J:::1 ":,5

Div L.PO 2 55 o.nd 'i/P
2 . Fol FL_., ~Iq Btr:r 2GtP.. Div Lrt-y , c,r o tr fd -to 5th l,r,d
tho.t sto. i·opor·c :l,•.; to C} thoroc.t . ::ic:=: . EDC:LR: 21 Jun 15. Tvl b~r n1il ttcft,
c:.,-'~l-. . 'I'~~:. GJ-10 3 , J.08 , 1:5 ? ·'.::31-02, 03 A
r•·--'/or- .. r.i+""
·'L-·••"-S""O-~•-n,
. .;c,-·• .:_,
._
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v.1.
....
v.....
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r r,1_·1
212/50 ~25 . .:.nth : VOCG 12t&gt; .,~ri1:y Gp 16 0·uc1 ,];5:
c; .... .1.

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.w

.1.

J .....

.....1.

Toe o Jol:m J Thorio.ult 2011-~210

Tqc 5 ,fol:.n P So.11tos 3102'.? 31&lt;:C

So much i=,c.r 1 30"1[£ tbis ::q 16 J1.~1.1 ,-:,5 n.ssi~;::i.irsg cert'..1.ir:. o:::'ficors o.nd
EJ\c1 to :l.r;cop-clon Stc.tions in l:3 c.s nsrtc.j_ns to tho follm,in;; is r-.:.10"'.ldod
S:'WVI
3.

to

/

their ::;r c.s PfC:
!.rdoll K Bo.rnor 69463-s:G Co A 104th I!1f
Pr·u- Jo.mos ~T Co::7olarcd 1·1-0C96C't.: Co C 81Et':i TD B:1
Pvt Lcn;:;11 J~ Ellis@ 6927905 Co F 1O.::t·"l In:
Pvt Vincent F:..·c,ts 20518 :CG8 Co F 10&lt;':t:. L1f
Pv':.; ,Jos,:d1 :::; ,foi::;cldorf 1300,:60€ Co ~'.:: 101st Inf
Pvt .illl::..:::J:1 ;. -.. ;..LY~· 1:--:rc~1 Co D 328-t:1 Inf
Fo:!.. EE , :Iq 2t/::1 Inf Div(;;;_.:; 3cc), c.ro trfd to Hq Btry, 2Gth Div .!i.rty.

/

..::•

EDG.',~R:

21 Jun &lt;.:.C5.

s.

VOCG, 16 ,.J"un '.'.::5 , r·.ssi;ni::1g '.i:oc f:: :'.illbort 2;J,,.ovm 35738043 (h_9s:;:i returnee)

to T-Iq Btj_--)r 26th Div :.rt:;- is co:.1fir:-_:0d.
G.

s~t

J.c,J_ph L _ ndrrscn Jr 3:::53?,3:.2 Co F 322th Inf is nlnccd en S D y:;ith

tiq 22·G~- T::.f ~iv

7.
26-'..,h
;

-

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.J.,..:...!...i.

e.

ED~ 3.t
9.
SD ,•:i ,.;;J

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(·}- 3

~cc~.

is p~.o.ced on SD with I:q

-:-~ ~t Cc.~..-~ l

Di ~y (3) )·\PFC ·;iillic ::::; YouI: 6 3~62,::CSE7
21 J~..::-i . : 5.

c._

B 101st Inf is trfd to 26th Q,t: Co.

:'FC: :. ·:yris :1 I'inclr.1c..n 33798082 I--q Co 2d Bn 32Gth Inf is relieved from
,... 2St"!:l I:1f Di-V '- J_;\G 3";c) ·c,nd 'crfd. to ::q Btr: 26th Div ~.rty. 3DCI1R:
0

21 (._,Tun __ 5o
•t
.

...

l -

;~_

RlfST?i.ICTED
---~- --; . -

,, t"'- --- -

-

-

,

�R:CSTRICT:S D
SO 1 52 IIq 26th Inf Di v 1 8 J'J.n (5 (contd)
Fol offi c er s s.nd Ki c.rJ pla.ccd. on SD wi th IIq 26t}1 Inf Db· ( Sp Sv 3cc) :

10 .

1ST
l S'r
Sgt
T-.,c
Toe
Toe
Toe
Toe
P?C

PFC
PFC
PFC

LT B0YD E IUC~ 01180538 101:st F.:, Bn
LT E::.1:ER :ic.cDOr:·..LD 01E-.::83G 7 lC l st ni.gr Combc.t Bi1
Cur,.:;ls Y :cresl 36972327 Co E 328th Inf
.: Thomc.s J H::-"ur;;~1 310 32 378 1-Iod Dot 101 s t I nf
.:: FTc.n::: C ~,_ar::.nch 33501031 ~Iq Co 1 st :\n l O(tL I n f
5 Rc.lph B x=C.Uf:;ha.n 12132790 Co B 1c ,1th : i1f
5 Ra.y S Str z oli:1s!:i 35563307 Co C 778th Tk Bn
5 ::c,t"ricc E Tc.yJ.or 36~/32S:62 Co L 101st Inf
..'tnthon:1 R Bix-,c. 39 '.'c1C9 31 :Iq Co 3d Bn 101s t I nf
Kcmnet l1 E: llu:chc.,.1 20737858 Ea Co 3d Bn 328th : :::if
George P ~cl ly 20101771 Co D 101 st Inf
DclilO I-I Po::-.r s on 7i70 1.:C0716 Sv Co l O•~th I nf

11. Vi'C Jc.r.,cs ,I Oc: 1s 36-"."L'CO .:C3 39th 8i; Co i s trfd to 1 66th Sir; P:10to Co
J.PO 'c'.:0'.3 end .iF th2.t s~c. rcJ::;rti.n[; ·co CC' ·ci,oroc.t . PC3 .
EDCT"R : 22 Jn1 ..:~i-, Go -vt
mtr t r r,ns::-ortc.ti on will be util:~ZJG.o TD;_,, i,.uth : t;,th Ind Eq Thi rd-:._:;:; ~-1..,,,:T 1 6
J u:!'.l ~ 5 li.G 22C . 3 Si:; (Ochs , Jc.;:1cs .[) (28 :'c.y -: 5) G:::iOC3-(C ) .
12.

PFC i.io r ton

J.i

E:c,c.s 03678625 Sv Btr y 2 63d Fl. En is t rf d to 1 80th l:'L Bn.

1 3. PFC Eonor Thor.--1&amp;s 331935'.32 Co
(G-1 Sec) .

n
l:.-. u_,
("f -

V

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e-t ' •···
l

Col GS C
CofS

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f UtJ!/Yn{J/il.f

r.rr-lJ.t'-J.i.
=.. . .w..:!r

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l,dj Gon

··

7_ ,_:;_;

Lt. ~~O S s
(ryar 2 , 3, ll)
Ea. ~h
,_ , 6 , 7, , 'o,
.:' o- , 1-"'': , 1 3 )
Ea. E'" (pc•.r ~
i::: .1--:'"I
CG :...,lJ:..:. l.rr2d D-:. v
co 166th [3 i g Co
co 101st Inf
co 104:th Inf
co 32Btl, Inf
CG 26th Div -~rty
co 101st }J'.. Bn
co lGCY:h p __ Bn
co 263d }:'_~J.. L:1. ,
:::;a Off a:1c J: ,par 10)
J.

G- 3

323th Inf i s t r fd to Eq 26tl: I:if Jiv

"ifl,LTER T SC OTT

OFFI CIL.L:
r?)

:l

10
10
2
3

3
6
G
6

5
3
0

3

2
1

co 10 1st m~r Bn
co IIq Co 23th Div
co 39t:.1 Sig Co
co 26th Qj:.: Co
co Sp Trs
cc 813th TD En
cc 77Jtb. TY- Bn
sso
cc Rec Sta f 2
co I.0c Sta ft~
co l~oc Ste, /(6
co l-~tl1 ReiD Depot
0

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.LL

3
3

3
3
3

3
3

1
·5
5
5

5

�DEPARTMENT OF LABOR

UNITED STATES EMPLOYMENT SERVICE
208 E. Mitchell St.
Petoskey, Michigan
January 8, 1946

James W. Ochs
202 Clinton Street
Charlevoix, Miohigan
Dear Sir:

We understand that you were recently separated from the
armed forces. We are off'icially informed of such separations
so that we may be prepared to place our services at the disposal
of returning veterans.
If, for any reason, you wish to discuss yrur employment
plans, please call at this office. The Michigan Unemployment
Compensation Commission located in the same office, will file a
Serviceman's Readjustment Allowance Claim fctr you in the event
no suitable e~loyment is found~

In any event please consider this as your office and feel
free to consult us at any time on veteran matters, since we are
prepared to give information about the State and Federal provisions
for Veterans.
May we suggest that at the time of your interview you bring
in your discharge papers and social security card.
Office hours: Every Monday 10:00 a.m to 2:30 pm, at
City Halle
Very truly yours,

LOCAL OFFICE MANAGER

�•

APR!

THE

WEEKLY

9, 1945

FIVE CENTS

NEWSMAGAZINE

PO\I'(

THIRD ARMY'S PATTdN
The enemy has reason to fear him.
( World Battlefronts)

(IE&amp; U. S. PAT. OFF.)

---A

·nu

i\H:_;: J\'&gt;3 tGT'.D 10 !-::.B1SR ~JI)

3-7

1230
,...._,
,i,

1

,.,,(.

l

J. •- VJ.\

EO\l\011

Uy printed
1
Th\S ed\tion \s ,pee; s A,rmed
;or members of th;ditoria.1 con-_
Forces o,;erseas. ed frotn t,be rei
tent is uncha.ni
\Jl,r edlt\on.
u
ION R/l.1t-S
5UllSCRlP1
\nd\vidlf you wish your o:;uvered as
•
regUlarlY'
bome,
ual coPY
letters from
.
fast as your a year's subscn~(}
you can enter \Ce rate of $3.
t\on at the serv st cta.ss 1&gt;ost-t
( ;,,icludi"'O jl~ TIME, 330 E3:'
age). Md;"~~iea11016, 1U1no1S,
22nd stree ,

�OFFICES:

CLARENCE 8. MEGGISON, CHAIRMAN

BOYNE CITY: 118 RAY STREET

WM. A. CAMBURN, VICE CHAIRMAN

VETERANS'

CHARLEVOIX: CITY HALL

COUNSELING
CENTER

WM. SHEPARD, VICE CHAIRMAN
FENTON R. BULOW, SEC'Y-TREAS.

EAST JORDAN: CITY HALL

CHARLEVOIX COUNTY

®fftrt nf ]teteraus Affairs
GILBERT M. LINDSAY, COUNSELOR

iSnyur (!rtty, ilidJigan

January 21, 1946

James Ochs
202 Clinton st.
Charlevoix, Michigan
Dear Friend:

We have been notified by the Veterans Administration that you have been discharged from the armed forces.

Let us be the first to congratulate and thank you for the

services you have rendered your country and community.
You know the Office of Veterans Affairs. has been organized in this county and a
counseling center has been set up, and is now located at 118 Ray Street, Boyne City.
The purpose of our organization is to help you in any problems pertaining to your
rights as a veteran.

These include: loans, pensions, education, tax relief, re-employ-

ment and many others too numerous to mention.
We would be happy to have . you visit us at any time to discuss your problems
with us.
Sincerely,

Gilbert M. Lindsay, Counselor.

P.S. I am in Charlevoix at the City Hall Monday and Tuesday.

�your equipment and supplies -

to the world's far-

Aung battlefronts. Now it is engaged in a happier
task- that of returning you, our gallant, victorious fighting men -

Visual Acuity (Binocular)
Without Correction Hith Corr~ction

Fa1·

and women -

home. Ou r ma-

chinery is geared to the accomplishment of your
return with the greatest possible spee d. So fa st-

:11.p~ : ~ ~ r :2?/-~' :~

moving is that routine that it is impossibl e to pack
into it the full warmth of our welcome anti the
depth of our pride in your achievements. But that

,

Corr ection Necessn.ry:
J_,, s t"C&gt; •"Jj-rJx_ _
l 7.:.....()::--o
OD
~-:i
cs ~. bl) s .fe • r5 ,v,._ ___,,;,t_..._....,~"""--o

feelin g has sincerely moved us in making provisions

PD
~ y- mu Eye size _::/.__Z-__,___rfl!l1
nm
j;ri cl.e;e ).. ¢ nr-.i Te1:1i_1 l e

illustrates, outside agencies have joined us in

- ?. ,_

for the co,weniences you will find in the Disposition
Center to which you will be sent. As this pamphlet

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preparing for your return. All America joins us in

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saying, " Welcome, Soldier! Well done!"

(,f~)

Date Ordered: '$o
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Major General
Chief of Transportation

!To.Pairs ( GI [: Civ) with fra:.1es in
Han's poss es sion :. ___.'-_,2,L._______

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This is NOT a complete payment record.
ONLY casual payments are entered hereon .

11

If this card is lost, report loss at once to
your organization commander.
If this card is found and owner cannot be
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Registrant;1.

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Char!evo1:, County
City Hall
Charlevoix, Michigan
(ST.U,IP Oi"

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BOARD)

BE ALERT

The law requires you-

President

:ei Date of

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Order No. ,___ 10678 ____________ _
been classified by-

I
W. D., A.G. 0. Form No. 28
30 September 1944
(This form superse.des W. D., A. G. 0. Form No. 28.
March 26, 1942, wluch may be used until existing stocks
are exhausted.)

NOTICE OF
CLASSIFICATION

, J..ame_a_ W__lliam __ Ochs_____ _

Retain on your person at all times when
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Changes or alterations can only be made
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(Rev. 6-30-41)

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th~Jo:fb~~r1J'.uch with

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App•alfromclassifi?atio~ by local h?ardo 0 boar~ppeal mu,t h8"""1o at office of local boa,d b .,· oi
1
foin on bnck of QUtistt?nn:ure or by film,K' ,\:ntten notice of appeal, withint'en d!lys after tho tnH.ilin! ofthis~
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�Complete Text

CALLING HOME, SOLDIER?
The telephone people and the telephone equipment
that you see around you, and pictured in these pages,
are here for that one reason! To make that call for you.

GI Bill
01 Rights
* * *

There are six of these "Telephone Centers" in camp,
with 89 booths and 160 lines. It's the job of about
250 men and women to provide service for you here,
and it takes 65 more to run the special Central Office
in Taunton that sends your call on its way.

{Public Law 346-78th Congress)
{Chapter 268-2d Session)

Sometimes · will be necessary for you to wait for
your call to be completed - even to nearby places.
With thousands of calls just like yours going over the
same wires, it isn't possible to get them all through
as quickly as we would like. But these Centers will be
open as long as you need them, day or night. If you
shouldn't get your call on the first try, we'll keep
after it until you leave camp.

Approved June 22, 1944

NEW ENGLAND TELEPHONE AND
TELEGRAPH COMPANY~
"~

* * *
* * *
AN ACT
To provide Federal Government aid for the readjustment
in civilian life of returning World War II veterans.

* * *
Be it enacted by the Senate and House of Representa•
tives of the United States of America in Congress
assembled, That this Act may be cited as the "Service•
men's Readjustment Act of 1944."

* * *
Reprinted by Army Times,
Daily News Building, Washington 5, D. C.

No,_________

Name--------Order___________

Army Exchange Senice
Photographic Division
C7. ETO

Rema1"1&lt;:~s--------Retouched1-________

APO 887

U.S. Army
OUR REFERENCli

Order FinishP.&lt;J'"--_______

. .
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Reord~---------Reord~---------•

CENSORED· PHOTOGRAPHS

�.l · ·1 I I I

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•

By Sgt. JOE McCARTHY

YANK Staff Correspondent

When the Cennan counterattack began, t1.e Third
Anny picked up its men, equipment and supplies
and within two days went into action. This is how
the 26th Division made th~ quick move up north.

26TH DIVISION, L1JXEMBOURG--The
last fortress at Metz had been cleaned
up six days before and the divisi6n was
resting in the city, looking forward to a few
weeks of reorganization and training of its
reinforcements before going back into the line.
-no small move for an entire division of more
The s\aff officers were having a plea_s ant
than 15,600 men with their equipment. V.!hicles,
evening in the cafe of their hotel. Somebody
and supplies. The assistant G-3 was called
had dua up some Red Cross girls and one of
from the social gathering in the care. Then
them w~s from !lassac-husells, lhe home of this
the G-2 and· the G--1. The other officers looked
~ational Guard outfit. Aroun~ 2000 an ai_de
at each other and knew that something was up.
came in and whispered sometbmg to the chief · ·· "Guess we won't ;ae spending Christmas here
of staff. He got up and . excused himself and
after all," one or them said.
left the room.
It was the corps chief of staff on the phone.
The wire was probably- tapped; so he bad to · THAT was how the 26th Infantry Division,
avoid specific detail.
better known as the YD or Yankee Divi"Get ready to move north the first thing in
sion, learned on the night of Dec. 19 that it was
the morning," he told the division chief of
going to take part in what future historians
staff. "I can't tell you now where • you're
will probably describe as one of the most imgoing but it is near a place that rhymes with
portant strategic maneuvers of the war- the
something that women wear. And you will
lightning-like sh"{' f the bul-k of Lt. Gen.
be prepared to move from there immediately
George S. Patton Jr.'s Third U.S. Army from
against the enemy \fl a meeting engagement."
the area around :\1etz and the Saar Basin to the
The division chief of staff, Col. B . .M. M&lt;;virtually unprotected front being pened by
Fadyen of Columbia, S.C., called the comthe new German counterattack at the north
manding general. Maj. Gen. W. S. Paul of
around Bastogne and the Sure River. It was
Shrewsbury, l\lass .. and they looked at the map.
carried out; that slopped the Germans from
They decided that the destination that corps
reaching France and spreading down toward
was hinting at was near Arion, which rhymed
Paris, where they had expected to spend New
with nyloµ. Arion was a good 50 mjles away
Year's Eve. In terms of American geography, it

W

ITH

was almost the same as if an army, facing an
enemy force along the New York-Connecticut
border, suddenly beard that a second enemy
force from Western Massachusetts and Vermont
was pouring through Albany toward the middle
or New York State. And then turned away from
its Connecticut front, picked up most of its
men, eqnipment, and supplies, and hit the road
for the north to smash the second enemy force
on ils southern flank. The Third Army did
this on a few hours' notice, despite the tremendous complications and work involved in
moving each of its divisions, reached its new
assembly areas less than 24 hours later and
went into action ,against the surprised Germans within the next two days.
The most spectacular role in the move was
that played by the Fourth Armored Division
which dashed to the aid of the beseiged 101st
Airborne Division at Bastogne. The story of
what happened during the same lime to tile 26th
Division, -which moved up on the Fourth Armored's right flank and tackled the tough job
of crossing the Sure River to the east of Bastogne without getting much of a play in the newspapers, is less dramatic but more typical. It

�T /Sgt. Melvin Foster of Gloucester, Va., hid in
a farmhouse for 30 hours with his platoon.

gives you some idea of what it was like for the
average-infantry outfit that was in on this deal
during the joyous ·Christmas season of 1944.
Nobody in the 26tl}. Division can get over the
way their part of the Third Army made its
move north from Metz. Probably no military
movement of such a large scale was ever ·carried out with more speed and less red tape.
The book was thrown out · of the window and
all the OCS rules about road discipline were
forgotten. Each outfit simply tried to get its
vehicles on the road as soon as possible and,
after they were on the road, to keep moving.
"And them roads was jammed,". one of the
truck drivers said. "Us and the Fourth Armored and God only knows how many other divisions. We were bumper to bumper all the way.
Good thing it was a cloudy day. If the Germans
ever had air out, they would have slaughtered
us."
Nothing was left behind. An outfit even
took a truckload of its German prisoners along
with it -because it didn't have time to dispose
of them through channels before· taking off.
One GI couldn't believe bis eyes when he saw
them rolling along in the column behind an
ammunition trailer and in front ·or a battery
of Long Toms.
·
,
«what are we doing?" he said. "Bringing
up replacements for the Jerries, too?"
The MPs were on the roads that day for only
one reason-to keep the v,ehicles from slowing
down. There was 110 stopping for anything.
The troops ate K-rations while they moved. ·

There were no urine calls. A rifleman in the
328th Infantry Regiment with the Gls had to
sit ' on the strap across the back of his two and
a half-ton truck and let go at 35 miles an hour.
The speed paid off. Despite the apparent
confusion, the move was completed in remarkable time. Later in the evening of the 19th,
after the chief of staff had received that first
warning phone call from corps, the division
learned that it was headed for the town of
Eischen, to the east of Arion, about 56 miles
away. The recon unit started out shortly after
midnight. The infantry regiments-the 101st,
the 104th, and the 328th-were all packed and
ready to -go at 0830 the next morning. There
were some delays due to the congestion of the
roads. For instance, all the units in the city
of Metz and to the south of it had to cross the
Moselle River in single file over only one
bridge; all the others had been destroyed.
There was a shell crater on the main highway
beyond the bridge which made another
bottleneck, One of the division 's infantry
columns was held up there for two hours and
did not finally get away from the Metz area
until 1030. It was late in t-he afternoon before
the last units-ordnance, quartermaster and the
headquarters section of the signal companyleft the city. But the whole division and all
its equipment was in Eischen and the surrounding countryside by 2300 that night.
"Everything c nsidered. it was on,e o f the
smoothest moves we ever m:ade," says Lt. Col.
Walter H. Lippincott of Philadelphia, Pa., the
division G-4. "And it should have been one of
the toughest. The men were settled and
relaxed in buildings. It is always harder and
slower to move from a city like that than it is
from a CP in the field. We were eating B-rations which had to be changed to combat
rations before we could start. And we had no
information about supply dumps ahead-we
had to assume they had been over-run by the
enemy and take everything with us. And after
we left Metz, we had to give the Fourth Armored priority on the main highway and take the
secondary .roads which were longer and narrower. A lot of the trucks that were assigned
to move us didn't arrive un til 0300 and 0400
in the morning. And, of course, we didn't
know how, when or where we were moving
until about 10 hours before the starting time."
Naturally the townspeople and the few U.S.
troops they found in the north were jittery
about the German counterattack and glad to
see the -division come. Lt. Col. John Cotter of
Lynn, Mass., arriving in Arion with the advance
party, found the city in the hands of a small,
nervous engineer out.fit whose CO assured him
. that everything was well protected.
"How about the bridges?" Lt. Col. Cotter
asked.
"Don't worry about the bridges," the engineer said. "They're well co,rered. We've got
two men on -each bridge."
Nobody knew how far a,~ay the Germans
were and ther,e were all kinds of rumors and
reports. The reconnaissance troops, supported
by TDs, went probing ahead to find out som
thing definite. The infantry dug into foxhol
in the freezing cold forests and wait,ed for them
to bring back the bad news.

t

I •

. I

bridges with TNT and to put more explosives
in the sides of trees which could be blown
down to block the roads in ca,&lt;;,e of a retreat.
Maj. Gen. Paul called the division signal officer.
"If we don't get communication on this
meeting engagement," the general said, "I'll
grind you into the ground."
The infantrymen walked mor,e than 16 miles
that day before they met the Germans. Their
move up from Metz had evidently caught the
enemy a.hnost flat-footed. Three German divisions in that sector had been moving westward across Luxembourg toward the region
south of Bastogne. The three American divisions of the Third Army driving up to their
southern flank, the Fourth Armored, the 26th
and the 80th, smashed into them before they
had a chance to make a complete left face and
meet their new opposition head-on. They were
still wheeling around to the south on Dec. 22
when the First Battalion of the 328th Infantry
went into them and took the town of Hostert Jes
Folschette and the 104th Infantry advanced
through stubborn resistance to the high
ground south of Grosbous.
The Second and Third Battalions of the 328th
followed the First Battalion on the north toward Wahl and Grevels Bresil and then the regiment ran into real trouble. "There we were
on the road in column of battalions, " says Maj.
Albert Friedman of Bangor, Maine, who had
charge of the Second Battalion. "I went up
ahead and found the First Battalion with its
hands full of Jerries. Then I came back and
somehow managed to get our battalion to
make an about face and start back down the
road to Hostert. How the hell we turned around
those kids who had .been walking since God
knows when and all the vehicles and got them
going -back to Hostert without a mix-up, I don·t
know. If the Germans had ever broken
through on us while we were turning around,
there would have been a panic."
Hostert, the battalion set up a perimeter
A
defense and received word that it was to
become a part of a task force, to be called Task
T

Force Hamilton, under Lt. Col. Paul Hamilton
of San Antonio, Tex., with attached ack-ack,
engineer and TD units, and tanks from a tank
battalion. The Third Battalion was to go up
with the First Battalion straight north. Task
Force Hamilton was to tackle the dirtiest job
of all on the morning of Dec. 23. It was assigned
the mission of taking the town of Eschdorf,
which was loaded with German arm·o r, and
pushing on to cross the Sure River and establish a bridgehead for the rest of the division
to go on toward Wiltz,
"The boys hadn't had much rest or hot food
since WP. left Metz and they had walked about
20 miles," .Maj. Friedman said, "so I wanted
them to ride as long as they could. We sent
them out that morning riding on the tanks and
TDs."
Easy Company under Capt. Vaughn Swift o.f
Manzanola, Colo., went out in front north of
Grosbous and ran into strong German opposition on the high ground in front of Hierheck,
a cluster of houses at a crossroads before
Eschdorf. They were pinned down there for
the rest of the day. That night Capt. Swift
sent a squad over to the road at the left which
the Germans were using as a supply route. The
squad laid a hasty mine field and as soon as
they had finished a party of Germans came
down the road in a U.S. jeep and were blown
to pieces.
"Just goes to show that mines ought to be
issued regularly to the infantry," Maj. Friedman says. "But obody ever gets them except
the engin
't ask me why."
T
F Company, commanded
f Bt-rwick, Pa., replaced
' igh ground. When F
troops met a large
e reverse side of the slope,
yards away. The Germans,
aged in the snow with white capes,
opened a murderous rifle and automatic
weapon fire. Capt. Seely went back and _call~d
for a tank. He led it up the slope, walkmg m
front of it to guide it. The tank was demolished by an 88 flrint from a farmhouse at the
bottom of the' hill. "The concussion," said
Capt. Seely, "knocked me on my can."
He went back again and this time selected
a bazooka man, Pfc. Dominic Giovanazzo of
Ravenna, Ohio. Giovanazzo crawled up tl_le
slope, aimed at the ~8 in the house below m

�AMERICAN
RED CROSS

MAP OF PARIS

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0
D ey hl e H otel· und Bader-Rcklam e, S tutlgart

�MONTHLY PAY IN THE ARMED FORCES
ARMY AND
MARINE CORPS

NAVY AND
COAST GUARD

MONTHLY
BASE PAY

MONTHLY ALLOWANCES
(Rental and Subsistence)
No Dependents

General., , . . .... ,.

$666.67 (a)

$126.00

$162.00

lieutenant General (b) Vice Admiral (c) • . .. .

666.67 (d)

126.00

162.00

Major General .. , •..

Rear Admiral • .... . .

666.67

126.00

162.00

Brigadier General ...

Commodore . .•.....

500.00

126.00

162.00

Colonel . •. .. • • • •...

Captain .. .. , •. , ...

333.33

126.00

162.00

lieutenant Colonel . . .

Commander ..•. • .. .

291.67

126.00

183.00

Major ... , .• • , •. .. .

Lt. Commander . . ... .

250.00

111.00

168.00

Captain ..•• , • .... • lieutenant •. , ...•. , •

200.00

96.00

132.00

lieutenant (JG) ••. ...

166.67

81.00

117.00

1st lieutenant ... •..

-

With Dependents

Admiral ... •. ...• • . •

2nd lieutenant . . •...

Ensign ...... • . ••...

150.00

66.00

102.00

Ch'f Warrant Officer

C_h 'f Warrant Officer

175.00 '

81.00

117.00

Warrant Officer •• . • Warrant Officer •.. .

150.00

6 6.0 0

102.00

Master and 1st Sgt. .•

Chief Petty Officer ..

138.00

Technical Sergeant ...

Petty Off., 1st Class • .

11-4.00

Staff Sergeant. •. , ..

Petty Off., 2nd Class .

96.00

Sergeant ... ••• , . ,.

~etty Off., 3rd Class .

78.00

Corporal .• ........•

Seaman, 1st Class . , . .

66.00

Private, 1st Class ....

Seaman, 2nd Class ..

5-4.00

Private . • ..........

Apprentice Seaman ..

50.00

(a) Entitled to an additional personal allowance of
$2200.00 per year.
(bl Highest Marine rank.
(cl Highest Coast Guard rank.
(d) Entitled to an additional personal allowance of
$500.00 per year.

&lt;

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'

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ADDED COMPENSATION
Longevity: Base pay of all ranks,
e xcept general and flag officers,
increases 5% each 3 years up ta
30 years.
Dependency: Enlisted men receiv•
ing up to and including a base pay
of $78 per month are entitled to
added dependency allowance regulated by class and number of
dependents.
Subsistence: Enlisted men, while on
shore duty and not living in government provided barracks, are entitled to a subsistence allowance.
Additional Compensation is provided for Foreign Service, Sea
Duty, Submarine Duty, Flying and
Parachute Duty.
~

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CHARLEVOIX. MICHIGAN

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��APPLICA'.11I'ION FOR RA TI ON CURRENCY
FOR r,,:EJ-.':BERS OF THE UNITED STATES Am·y ( INCLUDil;G '7AACS)
'.'JIIBN m~ LEAVE PUE.LOUGH, OR PM_;s ' OR ·.-:-HmT AUTHCRIZED
TO BE ADSEHT Fro:.: ST\TIOU FOR AHY OTP:E::'. REASOlTS

C •· A - .5 C 5 U 3 ~0JJ /''1INCETO4' 1/NJY.
(Orcanization and Station)
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(Date)

JAMES
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meals at the hcr.w of H./. ot::..r$
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· 1 m-uile
( ·' \dclress) ' '
the period J IIJ. 1 J. /f'I-J to Jvl,,Y 11,11'1~, inclusive , and that
he (she) has no {var r ation boolf.
The Local 'Jar Price and Rationing Board havlnr; juris diction is requested to issue to bearer rQtion currency
in conformity with the above .
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(Signature of person r~ceiving ration currency)
NOTE. --This application nay be presented to a Local 1.'Jar
Pr ice and Ra tionine; Board at any ti1ne durine; the period
indicated here on or vri'thin 15 days thereafter by the
app l i c ant , his host , or r.1ember of tl1e host I s household ..

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�Prepare in Duplicate

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l\T 0 . 1
Charlevoix County

029
001

October 24 , 1942
(Date of malling)

ORDER TO REPORT FOR INDUCTION
The President of the United States,

To _______________ Jan=·=e'---"s' - - - - - - - - - - - - ''"-'li=-"l,,_.,l,._i~
,, am
=-_ _ _ _ _ _ _ __.::.:
O(?Jl~-- - - - - - &lt;First name)

(Middle name)

(Last name)

Order No. _______J_()_Q.Th_ _ __
GREETING:

Having submitted yourself to a local board composed of your neighbors for the purpose of determining your availability for training and service in the armed forces of the United States, you are hereby

notified that you have now been selected for training and service in the _ _ _
.Ar
_m
_ y__________
(Army, Navy, Marine Corpa)

You will, therefore, report to the local board named above at City Hal 1, __Qharlev.:o~ __Michj gan
(Place of reporting)

at ___l2_;J_Q_-11...____m., on the ------"3"'r..::
- d~•---- day of --=N
"-o::...v~e,,,m
=-b:..e:ecr= - - - - - - - , 19__!±2_
( Hour of reporting)

This local board will furnish transportation to an induction station of the service for which you have beert selected.
You will there be examined, and, if accepted for training and service, you will then be inducted into the stated branch of
the service.
Persons reporting to the induction station in some instances may be rejected for physical or other reasons. It is well
to keep this in mind in arranging your affairs, to prevent any undue hardship if you are rejected at the induction station.
If you are employed, you should advise your employer of this notice and of the possibility that you may not be accepted at
the induction station. Your employer can then be prepared to replace you if you are accepted, or to continue your
employment if you are rejected.
Willful failure to report promptly to this local board at the hour and on the day named in this notice is a violation of the
Selective Training and Service Act of 1940, as amended, and subjects the violator to fine and imprisonment.
If you are so far removed from your own local board that reporting in compliance with this order will be a serious
hardship and you desire to report to a local board in the area of which you are now located, go immediately to that local
board and make written request for transfer of your delivery for induction, taking this order with you.

u • ., _ _ _ , .., ..... o,-,ic•

D. 8. 8, Fonn 150

(Revised 7-13--42)

~ciS, .. -7£;-

1o - - ~

-···-

Member or clerk of the local board.

J. M. Foster

�SOM 8•42 O.P.CO.
Printed in U-5.A.

NYCS

NEW YORK CENTRAL SYSTEM

AP A-512
REVISED

CONDUCTOR'S REPORT OF TROOPS, NATIONAL GUARD, NAVY, MARINE CORPS OR CCC PER,NNEL CARRIED

~ / .... Section Train Nc/t .. From...~

.' .....- ....................To .,,(/L.h
(Complete Run of Train or Car)

J-&lt;-;::p .................. Date../

1 1
... . f

...... 19......... _

Name of Command or Description of Move&amp;e.......................................................................................................................... .
~

.

----------------------------------------------------------------------------- ----------------------------------------------------------------------------------------······--------------------------------------

Transportation Request Number................... l,..J ..

f, .. 7 ...f.r .c../ ..'fr/ . .......................................................................... ..

DESCRIPTION OF TICKETS
ISSUING
CARRIER

.n't

ISSUING
STATION

FINAL
DESTINATION

, --l"wr-(,,.,,,,..__' •✓ -'~ e., ..,(
~

~.

DATE OF
ISSUE

11/11

FORM

caU(.. .,/

-

NUMBER

NUMBER OF PASSENGERS
!ST CL.

INT.

COAC

1 IJ-l

it
--- ---

f....................................................................,.

Total number of passengers covered by tickets-All Classes........................ /. ...

NUMBER OF PASSENGERS
CARRIED ON TRAIN-ACTUAL
COUNT
I
t
I
(To be filled out by Conductors in order)

.,

FROM

~~ ] .,{_fl.)

TO

l.f

~ ( ; , ' l ..;...,,/\

)1A-.!"'

~~

1ST. CL.

INT.

COACH

4-

SIGNATURE AND RANK&lt;
OFFICER OR PERSON IN CH i-&gt;'

CONDUCTOR

--.i Lr, -11·,_

,

~A

-

IL~
d

'

-

-~
/

This report to be started by initial Conductor or Passenger Representative and passed along, each Conductor to
detail of passengers within his run, final New York Central, B&amp;A, CCC&amp;StL and Mich. Cent. Conductor to attach t v
his cash report.
(See Instructions on other side.)

�SELECTIVE SERVICE
OFFICIAL BUSINESS

0

Unclaimed.

0

0

Deceased.

D

Moved-left
no addr~

•~

D Nosuch
address.

•

Person unknown.

Refused.

•

POS'IMASIER.!._lf not delivered in 10

days. Please check reason for nondelivery and return to

LOCAL BOARD No.

James William Ocha,

r

202 Clinton Sl.,

Charlevoix County
Charlevoix, Michi&amp;aa

Charlevoix, Michigan.

(Stamp of Board or Address of Sender)
NO, 2

SELECTIVE SERVICE SYSTEM

I

7

LO,..'AL BOARD NO. I
CJ-. ~·.c- !, ( ounty
City f' 1ll
Chd1 ,e v. ~' ' ichigan

L

(STAMP OF LOCAL BOARD)

_J
lfovember 7, 1942

James Wi:n.i-8..I:l E7Chs
202 Clinton Street
Charlevoix, l-dchigan
Dear Sir :
On Special Orders Jo .

160 of November 4, 19u2.

In cooperation with the U. S. Arm,.v Induction Station at
Kalemazoo , Micnige.n we are hereby instructing you to report at the
City Hall , Charlevoix , Micr..igan at 3 :00 u . m. on _fovember 18, 1942
for assembly and roll call .
The Quartermaster Corps uill furnish the necessary
transportation and meals for your trip to Fort Ouster . You will
leave Charlevoix at 4:oo p.m. by train .
EY ::n.2.JjjcTIOlJ OF T:t~ :BOA.-q]J .

Yours very trul:;r ,

~~\.~
FCD : ss

}'ay C. Davis , .,I
'
Chief ClerK.

.. .)

�____________$..e.;p_t.emb.e.r__2 ____, 19__H,2

NOTICE TO REGISTRANT
TO APPEAR FOR
PHYSICAL EXAMINATION

(Date of mailing

You are directed to report for physical examination by the local bow-d examiner at the time and place
designated below:

Mcl-!illan 1 s _office_.. __ Oharlevoix,__ Michi_gan ______

- - - ~ '!_ __

(Place of examination)

at _7_:_3Q__Jh. m., on ________ Jf~~~~~.... --§~p~~~.!U~__ 9. . __ , 19__~g
This emmlnation will be of a preliminary nature, for the purpose of disclosing only obvious physical
defects, and will not finally determine your acceptance or rejection by the armed forces.
If you are so far from your local boar&lt;l.._~ that reporting for the above physical examination
will constitute a hardship, you may submit a request to your local boara. 'for reference to
- !mother local board for pre!iminary'""physical examination. Your request ~st include the
following information :
1, The reasons for your request for reference to another local board.
2. The designation (name and location) of the local board having jurisdiction..over the area in
which you are now located.
Failure to comply with this notice will result in your being declared a delinquent and subjected

D.:~~-

;:;:e;:;avided by
(Rev. 4-1-42)

~~~-----------------J~_~_J,t
__,__~_ _ ---~----Me?J\er-Clerk of Local Bo(l// d.
GPO

16-18635-2

Fay C. Davis.• t;J •

_ __,,.$e.ptemher __16r---------------, 19.}J,z__

NOTICE TO REGISTRANT
TO APPEAR FOR
PHYSICAL EXAMINATION

(Date of mailinii

Yon are directed to report for physical euminntion by the local board examiner at the time and place
designated below:

___ Dr_. __.Mc.Mi 11 an '_s.__Qff.ic.e.__C..b.arle.1ra.i,x..__Mi,chiga.n ___ _
(Place of examination)

at _213.o__ p... m., on _____ gr__ b.ef.or.tL.S_e~_t_e.m.b_e_r__ .23., ______ , 19_J,.2
This emmlnation will be of a preliminary nature, for the purpose of disclosinJ only obvious physical
defects, and will not finally determine your acceptance or rejection by the armed forces.
If you are so far from your local board area that reporting for the above phy.sical examination
will constitute a hardship, you may submit a request to your local bo;a.rd for reference to
anothe~ local board for preliminary physical examination. Your requestmust include the
following information:
1. The reasons for your request for reference to another local board.
2. The designation (name and location) of the local board having jurisdiction over the area in
which you are now located.
Failure to comply with this notice will result in your being declared a elinquent and subjected
to the penalties provided by law.
"'\
~

D. S. S. Form. 201
CR~-,-. 4-1-42)

_ _ _ _ _ _ _-J_t.M.A,.___
aPo

1a-1863-

Mem0er-

-•----~,P,-"'.1"1~-,...«
erk of

Fq C.

J

•

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s.

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f'.ru;:tn..1.z-0¢, ~chign.:i.
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Report

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your L,:y;c..l ~-c.. J't1 i.s J.ccatod, ir:. a g}·cu!), "1ndm.' tl·ac corm.~.c.m: of y~.nr lc~a.o:_-, 1 ·_7ho
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a rcn-cmrc:-ai::-si&lt;mcc off'j_,~er. 1ie ~cll.S bp;m kttslrcd-no';}&lt;::1e:i~ry -tl"&lt;' .r::3';:;('T~ ti~n
anu ••1..:£&gt;.l t:!.uk0·:-.s for your gr®p.
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Spcci2.l nrt1n .:·.1:i.d y,:,11. mn ... t rc,:,crt prcmptly at your ::.oc:.l ·:x 0,~·d · .-!:. ·&lt;-b ,:; tiri.c :-:.nd
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ani: unti::. y,~u •,og:21 ~:our jo'.ll'noy to th:: Rn,ocption Ce°".6t-)1· ,iiL:. be · •:, yo 1r own
e:itf,O'l:C C.a S:toul.6. / ou through s:1 c::moas p)~ from sO!JiO ot.i,:-~r r c::..::or;, t.~coi::::- sopa.ratc&lt;:.i -::':r-c,1 ~,-:&gt;;;.r group , not:..fy :,-01,r I,obhl Bcc.ril. ,'.t ·,')nee fol"' ~urt.l.K'I' imrtt~uc...
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F:::il11..::-c to ropcrt to yo'rr' Loct&gt;l Brero. at tho t.ir'.L ::!..'1 ,;,d:.c il:,{icrrtotl
nill ccnstit1'tc c. v&lt;;r:, St,r:i,cu.s n!'f,:mcc. T}?.o 61st Arti:::le of · _,.__ ,_. c-W"ring e;o,~ •~&lt;.:c uj:';Lo,:i:t lc:wo 4nc). tJ,1e· ~Sth ;,,r.tick of 1-ic.r -cov:,ri.:.;f dcs:-:rtion l:i.::.vc .bocn
recd ".nd cXyl:-.::.:1cc. to fou:. f ..1•.:.:luro 'to c?rr;{ out tho00 ::ns-z.1c·df'ns c.ntl
f.§jJ uro to :i.·cnort to ycn.'r r.om.H Br.c:-d n.s direct,oti --i:rill ;:n:b_ioc •·. y:)l. &lt;;o t:d.;..:l
qml 'pm~st,mc::nt under tni:,~0' !-f't:'.clcs of Tfn.r.

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£. :6:-"it-.&amp;h1£~c~,...,.,..c.______..

!hjor, Id':1r.tr~A.sf,t. Rci;g. &amp; Ind. O~f'iccr

I

�.. ENALTY FOR PRIVATI. U!II!! TO AVOID

WAR-NAVY DEPARTMENTS

PAYMENT 0,, POSTAGll, $300

WASHINGTON 25. D . C.

{PMGCl

OFFICIAL BUSINESS

�</text>
                  </elementText>
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              </element>
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    </fileContainer>
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          <name>Dublin Core</name>
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          <elementContainer>
            <element elementId="50">
              <name>Title</name>
              <description>A name given to the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839928">
                  <text>James Ochs collection</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="39">
              <name>Creator</name>
              <description>An entity primarily responsible for making the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839929">
                  <text>Ochs, James W.</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="41">
              <name>Description</name>
              <description>An account of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839930">
                  <text>Collection includes a photo album of images taken by Ochs, 16 photos taken by the Army Signal Corps of the 26th Infantry Division, and document his tour of duty in France with the 26th Division, friends he acquired in France, and his leisure time activities</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="38">
              <name>Coverage</name>
              <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
              <elementTextContainer>
                <elementText elementTextId="839931">
                  <text>World War II</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="40">
              <name>Date</name>
              <description>A point or period of time associated with an event in the lifecycle of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839932">
                  <text>1942/1945</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="48">
              <name>Source</name>
              <description>A related resource from which the described resource is derived</description>
              <elementTextContainer>
                <elementText elementTextId="839933">
                  <text>&lt;a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/482"&gt;James W. Ochs World War II collection (RHC-55)&lt;/a&gt;</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="47">
              <name>Rights</name>
              <description>Information about rights held in and over the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839934">
                  <text>&lt;a href="http://rightsstatements.org/page/InC/1.0/?language=en"&gt;In Copyright&lt;/a&gt;</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="49">
              <name>Subject</name>
              <description>The topic of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839935">
                  <text>World War, 1939-1945</text>
                </elementText>
                <elementText elementTextId="839936">
                  <text>United States. Army</text>
                </elementText>
                <elementText elementTextId="839937">
                  <text>France</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="45">
              <name>Publisher</name>
              <description>An entity responsible for making the resource available</description>
              <elementTextContainer>
                <elementText elementTextId="839938">
                  <text>Grand Valley State University. University Libraries. Special Collections &amp; University Archives</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="43">
              <name>Identifier</name>
              <description>An unambiguous reference to the resource within a given context</description>
              <elementTextContainer>
                <elementText elementTextId="839939">
                  <text>RHC-55</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="44">
              <name>Language</name>
              <description>A language of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="839940">
                  <text>eng</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
      </elementSetContainer>
    </collection>
    <itemType itemTypeId="6">
      <name>Still Image</name>
      <description>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.</description>
    </itemType>
    <elementSetContainer>
      <elementSet elementSetId="1">
        <name>Dublin Core</name>
        <description>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/.</description>
        <elementContainer>
          <element elementId="43">
            <name>Identifier</name>
            <description>An unambiguous reference to the resource within a given context</description>
            <elementTextContainer>
              <elementText elementTextId="985355">
                <text>RHC-55_JWOScrapbook</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985356">
                <text>WWII scrapbook compiled by James W. Ochs</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="49">
            <name>Subject</name>
            <description>The topic of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985357">
                <text>World War, 1939-1945</text>
              </elementText>
              <elementText elementTextId="985358">
                <text>United States--History, Military</text>
              </elementText>
              <elementText elementTextId="985359">
                <text>Michigan--History, Military</text>
              </elementText>
              <elementText elementTextId="985360">
                <text>United States. Army. Signal Photo Company, 166th</text>
              </elementText>
              <elementText elementTextId="985361">
                <text>United States. Army. Infantry Division, 26th</text>
              </elementText>
              <elementText elementTextId="985362">
                <text>Scrapbooks</text>
              </elementText>
              <elementText elementTextId="985363">
                <text>Photographs</text>
              </elementText>
              <elementText elementTextId="985364">
                <text>Soldiers</text>
              </elementText>
              <elementText elementTextId="985365">
                <text>Military life</text>
              </elementText>
              <elementText elementTextId="985366">
                <text> </text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985367">
                <text>Scrapbook of photos, brochures, documents, and memorabilia compiled by James W. Ochs of the 26th Infantry Division of the US Army documenting his WWII service.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985368">
                <text>Ochs, James W.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="40">
            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985370">
                <text>1942/1953</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="51">
            <name>Type</name>
            <description>The nature or genre of the resource</description>
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                <text>Image</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="42">
            <name>Format</name>
            <description>The file format, physical medium, or dimensions of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985372">
                <text>application/pdf</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="48">
            <name>Source</name>
            <description>A related resource from which the described resource is derived</description>
            <elementTextContainer>
              <elementText elementTextId="985373">
                <text>James W. Ochs WWII collection, RHC-55</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="38">
            <name>Coverage</name>
            <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
            <elementTextContainer>
              <elementText elementTextId="985374">
                <text>1944, 2010</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="44">
            <name>Language</name>
            <description>A language of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985375">
                <text>eng</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="47">
            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="985376">
                <text>&lt;a href="http://rightsstatements.org/page/InC/1.0/?language=en"&gt;In Copyright&lt;/a&gt;</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="45">
            <name>Publisher</name>
            <description>An entity responsible for making the resource available</description>
            <elementTextContainer>
              <elementText elementTextId="1037440">
                <text>Grand Valley State University. University Libraries. Lemmen Library and Archives</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </item>
  <item itemId="53273" public="1" featured="0">
    <fileContainer>
      <file fileId="57727">
        <src>https://digitalcollections.library.gvsu.edu/files/original/3e322a3aabef747b2b2e4faa6334a85c.pdf</src>
        <authentication>c3ce516eeeede172debbf4f167fe8dc1</authentication>
        <elementSetContainer>
          <elementSet elementSetId="4">
            <name>PDF Text</name>
            <description/>
            <elementContainer>
              <element elementId="52">
                <name>Text</name>
                <description/>
                <elementTextContainer>
                  <elementText elementTextId="985486">
                    <text>�����Cities Towne and Villages I covered in
Europe
Entered France Sept. 7, 1944 .at;
Utah Beach
Montebourg
Cartaret
Fontainebl en
Hoeville
Arrocourt
Vic Sur Sa1lle
Hampont
Wuisse
Bassing
Albestro.ff
Altwiller

Sarre Union
Ormingen
Achen
Metz
Luxembourg
Waltzing
Eishen
Redange
Grosboua

Bonnell
Esc-hd_o rf
Bavigne
Doncols
Boevange-Les-Clervax
France
Boulay
Germany
Krenzwald
sarrbu.rg
Serr1g
Broldorf
Huttersdorf
Dirmingen
Ottweiller

Laudotuhd
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••••** END

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                    <text>Grand Valley State University
Veterans History Project Interview
Donald Oderkirk
Length: 32:46
(00:20) Background Information







Donald grew up in upstate New York and went to college at Central Michigan University
in the early 60s
He later went to Michigan State University for grad school where he later received his
draft notice
Donald enlisted in the Navy so that he would not get drafted into the Army
The men there recommended that he take a test to go through Officer Candidate School,
since he had already earned a college degree
Donald passed the test and instead of going to Great Lakes Naval Station for training he
was sent to Newport, Rhode Island
Donald arrived in May and trained for 90 days; once finished with training he requested
to be sent to Southeast Asia

(2:30) First Assignment
 Donald was assigned to a Landing Ship Medium Rocket (LSMR), which was a WWII
vessel re-commissioned for Vietnam
 He boarded the ship in November of 1965 in San Diego and they headed for Japan
 Donald served as the communications director on the ship
 It took them 35 days to get to Japan and the majority of the people got seasick
 Donald then worked as a Korean Liaison Officer, and only because he knew a small
amount of Korean
 The Koreans were very ruthless; their interrogators never kept any of their prisoners alive
 Donald spent 4 months in that position before he was sent back to Japan
(10:00) Amphibious Work
 Donald stopped in Hong Kong to get his ship repainted and to trade ammunition before
going back to Japan
 He remained in Japan for 2 months and then was sent to Vietnam and alternated back and
forth between Japan and Vietnam for 2 years
 Donald began worked on amphibious operations on his 2nd trip to Vietnam
 It was hard work with all the tides coming in and the swift boats coming in back and forth
 They were often shot at by machine guns and threatened with other attacks
(16:00) Leaving Vietnam

�



After the Tet Offensive the United States Government became preoccupied with
collateral damage in Vietnam
They would have to get clearance to take out any target and sometimes it would take up
to 15 minutes to get clearance
Donald had been on his 4th trip to Vietnam in March of 1968, when he was reassigned

(19:15) Communications Instructor
 Donald took a plane from Vietnam to Okinawa where he visited his wife and they later
took a plane to Grand Rapids, Michigan
 He had 2 weeks off on leave and then had to go to Newport, Rhode Island for instructor
school
 Donald later became an instructor in communications and taught classes in cryptology
and secure communications
(21:30) End of Service
 The war began to wind down in 1969 and Donald decided that he would not re-enlist, but
stay in the reserves
 He moved back to Michigan to finish his masters degree and continued training one
weekend a month
 Altogether Donald spent 21 years in the service and after finishing his degree began
working for the County Health Departments in Michigan
 Donald retired when he was 58 years old and has many fond memories of his time in the
service
 He learned a lot of self discipline, gained confidence, and became a better person

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Boring, Frank</text>
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                    <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 &amp; 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.

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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.

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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.
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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
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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.

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ZONING ORDINANCE

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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)

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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.

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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.
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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.

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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.

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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 &amp; 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 &amp; 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

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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 &amp;
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 &amp;
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

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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 &amp; 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
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. -·

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•

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::::;;::::::::;:::=~-

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t.otarta:

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H

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C-----..,J,._,_t ,._.

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~~;::;~~.:
.~.!!:~~~~~.;.,•:~
.. ......, .R--. ,-.,to
l.:lustere&lt;J laytlUI: ..A .. UroupsdwelllngsarouncJ central

i.:onventional layout "tt ,M ~1ows 1n&lt;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&amp;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

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�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:

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�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.

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�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.

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�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.

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�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;

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�♦ 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
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�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.
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�(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

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�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

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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,

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�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.

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�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 &amp; 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 &amp; 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 &amp;
Zoning and receive a permit issued by that office.

B.

Licenses for individual mobile food vehicles will be approved by the Office of
Planning &amp; 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 &amp; 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 &amp;..,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. &gt; 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 &amp; Engineering
Bakery or Confectionery Shop
Bank
Bed &amp; Breakfast with 3 or less guest
rooms
Bed &amp; Breakfast with 4 to 10 guest
rooms
Billboards
Boat, Motor Sales &amp; 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 &amp;
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 &amp; 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 &amp; Assembly
Farm, operations and farm buildings
Fitness Center
Floral Shop
Forestry &amp; Wildlife management
Foster Care, Adult (7-12 residents)
Foster Care, Adult (13+ residents)
Galleries, art, craft and hobby stores
Gasoline Station
Gift &amp; 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 &amp; Nurseries
Grocery Store, without gasoline pump
Grouped Housing, multi-family
Hardware Store
Home Occupation
Hotels &amp; Motels
Industrial Clustered Sub-Division
Jewelry Store
Keeping of Horses
Kennels &amp; Animal Clinic
Laboratories
Laundromat
Laundry &amp; Dry Cleaning Establishment
Limited Retail Sales
Lodging and Boarding House
Manufactured Housing Community
Manufacturing &amp; 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 &amp; 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 &amp;
supplies
Places of Public Assembly, Large &amp;
Small
Planned Unit Development
Printing, Publishing &amp; 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 &amp; Testin
Restaurant
Roadside Stands
Seasonal Merchandise Sales
Shore Improvements
Shore Structures
Showroom for Office &amp; Building Trades
Sporting, Recreation &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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&amp; 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
&amp; 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

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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

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ARTICLE VI - 24

SPECIFIC STANDARDS AND
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�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

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ARTICLE VI - 25

SPECIFIC STANDARDS AND
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�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

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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.
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ARTICLE VI - 27

SPECIFIC STANDARDS AND
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�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.

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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.

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ARTICLE VI - 29

SPECIFIC STANDARDS AND
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�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.

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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.

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ARTICLE VI - 31

SPECIFIC STANDARDS AND
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�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

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ARTICLE VI - 32

SPECIFIC STANDARDS AND
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�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.

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ARTICLE VI
ARTICLE VI - 33

SPECIFIC STANDARDS AND
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�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

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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:

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ARTICLE VI
ARTICLE VI - 35

SPECIFIC STANDARDS AND
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�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

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ARTICLE VI - 36

SPECIFIC STANDARDS AND
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�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 &amp; 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 &amp; 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 &amp; 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

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2640

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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
&amp; Works AND
and
ational Truck Network
Gourdie/Fraser
&amp;
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)

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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

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�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

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�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.

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�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

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�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

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�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

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�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

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�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.

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�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)

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�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

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�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.

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�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

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�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.

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�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

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�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 &amp; 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

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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)
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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 &amp; 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 &amp; 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 &amp; 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 &amp; 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

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                    <text>Grand Valley State University
Veterans History Project
Albert Ohanesian
(1:22:12)
Background Information (00:06)
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Born in Grand Rapids Michigan on October 27th 1924. (00:12)
He was a child of immigrant parents who arrived in their U.S. in 1914. (00:19)
His father’s older brother lived in Grand Rapids before his father arrived. (00:59)
Though his brother was older, he and his older brother graduated at the same time from high
school. Is brother immediately enlisted after graduation; however Albert could not because he
was only 17. (1:38)
In November of 1942, Albert received his draft notice. (2:00)
His father sold concessions from a horsedrawn cart. (2:10)
His family struggled during the 1930s. (3:00)
Albert and his siblings often aided in his father concession business. (4:00)
He heard about Pearl Harbor while on a date with a girl. (4:47)

Basic training (6:30)
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He had his induction in Kalamazoo, Michigan, and then was sent to Camp Grant, Illinois, for his
basic training. (6:32)
He was then sent to Fort Leonard Wood, Missouri, where he was assigned to the 75th Infantry
Division. Albert wanted to be a fighter pilot but this was difficult due to his young age of 18.
(6:44)
He thought basic was fairly difficult. (7:03)
During basic he was appointed as a PFC and made a driver for the commander. He was paid 44
dollars a month. (7:44)
The physical aspects of basic training were particularly difficult for Albert. (8:50)
He was then assigned to Army Air Corps training and sent to Shepherd Field, Texas, and from
there to Butler University to take courses in preparation for flight training. (9:18)
He spent most of his time at Butler University taking advanced classes in chemistry and
mathematics. (10:19)
Upon graduating Albert and others were informed that if they had ground training to report
back to their units due to the demand for infantrymen. (10:55)
He was then sent to Camp Polk, Louisiana, in July of 1944 to fill in the holes in the 8th Armored
Division before being sent overseas. (11:25)
Albert was in the 3rd Squad, 2nd Platoon, B company 58th AImored Infantry Battalion, 8th
Armored Division. (12:24)

Voyage to Europe (12:40)
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He was then sent to New York where he was to be sent to Europe in a 100 ship convoy. (12:50)
He arrived in Southampton, England, in November of 1944. (13:16)
The ship was dirty and the water was very stormy. Albert spent the 12 day journey ill. (13:24)

�


In Late January early February of 1945 he was sent to France. He recalls the men having to climb
down a rope later to get into landing craft in order to go ashore. (15:25)
The men rode halftracks farther into France to Reims. (16:12)

Service in Europe (16:50)
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There was a lot of war damage in the cities he saw in France. (16:54)
His division was then assigned to General Montgomery. (17:04)
In late January 1945, his company arrived in Bastogne and he saw frozen Germans there. (17:15)
While walking behind a tank, the tank in front of him hit a land mine. All the men on top of the
tank were wounded or killed. This took 6 men out of a 12 man squad. (19:05)
During a battle his squad was decimated and new leadership positions were open due to
casualties. Albert did not volunteer himself due to the danger of a sergeant's position. (21:05)
His company experienced minor battles in Holland. (22:40)
The Dutch people treated the American soldiers very kindly. (22:54)
The company regrouped for approx. 1 week near the Rhine River till orders of a push came.
(23:48)
The division was switched to the command of General Simpson (US 9th Army) rather than
General Montgomery due to the desire to have American units under American generals.
(24:03)
While crossing the Rhine River several German planes flew over head but did not fire. (25:00)
After crossing the Rhine the unit stopped in Cologne, Germany. (25:40)

Action in Europe (25:50)
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The platoon took fire from artillery and rocket launchers. A tank and a halftrack were destroyed.
(26:00)
One of Albert’s good friends was wounded during the artillery fire. Albert retrieved him from the
wreckage of the halftrack. (27:13)
Albert was very impressed with the weapons of the Germans. (28:43)
The men next went to Dusseldorf Germany. Here Albert spotted a tank and was order to destroy
it with a bazooka. (29:08)
The tank spotted was actually part of a platoon of five tanks and was accompanied by infantry.
Albert’s platoon decided to retreat. (30:24)
While falling back Albert was hit in the finger. (31:28)
Albert’s platoon later regrouped and attacked the German infantry they had encountered.
(32:30)
After encountering a German tank and finding his platoon outnumbered, Albert attempted to
surrender. When he did so he discovered that actually it was the platoon he had encountered
that wanted to surrender. (34:00)
In all 200 men that surrendered from the German infantry not one was an officer. (35:00)
He aided in the freeing of Buchenwald, which consisted of several smaller camps not just one
large one. The people discovered there looked very ill. The men were quick to give them K
rations and cigarettes if the prisoners desired it. (36:26)
He had known about the concentration camps before the discovery of one. (37:23)
He was than assigned to clear the Harz Mountains. His platoon was told that there where
snipers in the mountains. (38:00)

�


The war ended while he and his platoon were in the Harz Mountains. (40:45)
His platoon was than assigned to a German town where there was a liquor stockpile. The men
were assigned to give the alcohol to any Allied man who came to get some. (40:40)

Service after Surrender (41:35)
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He was then sent to a captured prisoner of war camp in Czechoslovakia. Here they met Russian
soldiers. (41:38)
He was next sent to Camp Lucky Strike in France. Here the men were preparing to be sent to
Japan. Here he heard of the Atomic Bomb and the end of the war. (42:59)
While in service Albert was married while on furlough and had a son during his year in Europe.
(43:42)
He did have the opportunity to see a USO shows. (46:40)

Life after Service (46:58)
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He still keeps in touch with men he met in service. (47:00)
After rerunning Home he attended college at Davenport University. (47:40)
He took flying lessons. (47:45)
He worked in concessions and a carnival business much like his father for over 20 years. (48:55)
He retired in 1985. (50:55)

Experiences in Europe (51:31)
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He did not have very much contact with the German people. When he did he thought they were
intelligent. (51:46)
He thought the Russian soldiers were crude, rude, and had no class. (52:30)
The Czech people liked the American soldiers better than the Russians. (52:53)
He thought the German soldiers were about the same age as the Americans. They did however,
split themselves up even in the camp by rank. (53:52)
He received a Bronze Star for saving his friend Tony from a wrecked halftrack(56:28)

Thoughts on Military Service and Final Thoughts (57:34)
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He was very nervous after returning from service. He is often reminded of his service through
every day experience. (57:41)
He returned back to the U.S. aboard the Queen Mary. The trip took 4 days. There was a band
and singers when arriving in New York. (59:06)
He was processed through Fort Grant, Illinois. After returning from Europe he was given a 45
day furlough. When returning he was discharged. (approx. late 1945) (59:42)
He was urged to join the Army Reserves but did not. (1:00:07)
He recalls when German Buzz Bombs were fired near his unit and shook the ground. (1:01:22)
He was given the opportunity to be a tourist and see sights in England during his service.
(1:04:00)
In spite the Germans having better equipment than the Americans, Albert believes it was
American surprise and cunning that one the war. (1:05:48)
Whenever the platoon stopped Albert believed it best to dig a foxhole. (1:07:57)
The USO provided a system for finding soldiers if another soldier wanted to see them. (1:09:45)

�

While in France he did have the opportunity to sightsee in Paris. (1:11:36)

Revisiting Europe (1:12:00)
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In 2000 Albert went back to Europe as part of a reunion with the 8th Armored Division. They
visited Holland, Belgium, and Germany. (1:12:12)
The men did not get waited on in one location in Germany because they were Americans.
(1:15:08)
He stayed in Bastogne , Belgium, for 2 days. (1:16:23)
There were many memorials in Germany for both American soldiers and German soldiers.
(1:17:48)
He wishes the troops in the Middle East would be pulled out. He does not believe the conflict
can be solved. (1:18:00)

�</text>
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Boring, Frank</text>
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                <text>Albert Ohanesian was born in Grand Rapids, Michigan in 1924. He wanted to enlist in the Army immediately after Pearl Harbor, but was too young, and was drafted late in 1942. He tried to get into the Army Air Corps, and tested well enough while in basic training at Camp Grant, Illinois, to qualify, and was put into a program to give some college training for flight school candidates and sent to Butler University. He did well there, but his program was shut down and he wound up at Camp Polk, Louisiana, assigned to the 58th Armored Infantry Battalion in the 8th Armored Division. He sailed for England at the end of 1944, then shipped over to France in early 1945. His division passed through Belgium and joined the 9th Army in the Netherlands before crossing the Rhine and proceeding across Germany and into Czechoslovakia.</text>
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                <text>&lt;a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/455"&gt;Veterans History Project Collection, (RHC-27)&lt;/a&gt;</text>
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                <text>Grand Valley State University. University Libraries. Lemmen Library and Archives</text>
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