Article 5 Development Standards - The Charter .Charter Township of Garfield Zoning Ordinance Article

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Text of Article 5 Development Standards - The Charter .Charter Township of Garfield Zoning Ordinance Article

  • Charter Township of Garfield Zoning Ordinance Article 5, Page 5-1

    ARTICLE 5

    DEVELOPMENT STANDARDS

    DIVISION 1: GENERAL

    SECTION 500 PURPOSE

    The purpose of the regulations contained in this Article is to protect the public health, safety, and general

    welfare; to promote harmonious and orderly development; and to foster civic beauty by improving the

    appearance, character and economic value of civic, commercial and industrial development.

    SECTION 501 APPLICABILITY

    This article applies to any application for development approval, except as otherwise provided.

    SECTION 502 DEVELOPMENT PLAN / DATA REQUIREMENTS

    A complete application consists of the appropriate application form, application fee as required by the

    adopted by the Charter Township of Garfield Fee Schedule, required escrow, and all additional

    information necessary to verify compliance with this Article.

    DIVISION 2: DESIGN STANDARDS

    SECTION 505 PURPOSE

    This section establishes regulatory requirements for land development, infrastructure, and site design.

    The purpose of these provisions is to minimize nuisances associated with development practices which

    are not consistent with the orderly development of Garfield Township.

    SECTION 510 LOTS

    A. Buildings

    Every building shall be located on a lot. In a residential zoning district, no more than one (1)

    principal building is permitted on a lot unless otherwise provided in the applicable zoning district

    regulations.

    B. Compliance with Zoning District Regulations

    The size, width, depth, shape, and orientation of lots shall comply with the applicable zoning district

    regulations.

    C. Frontage / Width

    All lots shall front on a public or private street and shall have a minimum frontage width as indicated

    in the zoning district regulations.

    D. Flag Lots

    No flag lot shall be permitted unless the entirety of the pole section meets minimum requirements

    for road frontage and the lot as a whole meets the minimum depth-to-width ratio.

    E. Reserved.

    F. Corner Lots

    Corner lots shall have two (2) front setbacks along the roadways and two (2) side yard setbacks.

  • Charter Township of Garfield Zoning Ordinance Article 5, Page 5-2

    G. Dwelling on Undersized Legal Lot of Record

    A legal lot of record within a residential district which measures less than the minimum area for the

    district may be used for a single-family dwelling, provided that all required setbacks of the zoning

    district in which the lot is located are complied with.

    H. Reduction of Lot Size or Setback by Governmental Action

    Where an existing lot conforming to all requirements of this ordinance is reduced in size as a result of

    governmental action, and the owner of such lot then does not own sufficient land to enable the lot to

    conform to the dimensional requirements of this ordinance, such lot may be used as a building site

    for a single-family residence or other nonresidential use permitted in the district in which the lot is

    located, provided that:

    (1) All required setbacks of the zoning district in which the lot is located are complied with; or

    (2) The Zoning Administrator has approved, as a building site, a dimension that conforms as closely

    as possible to the required dimensions of this ordinance..

    SECTION 511 DRIVEWAYS FOR SINGLE FAMILY AND TWO-FAMILY PROPERTIES

    A. All residential driveways for single family and two-family properties not built within an access

    easement shall be placed a minimum of 10 feet from the property line.

    B. Driveways shall be a minimum of 12 feet in width without obstruction to a height of 12 feet.

    C. Driveways may be used for the parking of vehicles, recreation vehicles, boats, campers or trailers

    provided they are licensed to be used on the roadway and/ or water and in working condition.

    SECTION 512 SERVICE DRIVES

    All land in a parcel having a single tax code number or contiguous parcels owned by a single individual,

    or related individuals, or other entity or related entities, fronting on a state highway or county primary

    road shall be entitled to one (1) driveway or road access per parcel from said highway or road. Parcels

    when subsequently subdivided, either as metes and bounds described parcels, as a plat created in accord

    with P.C. 288 of 1967, as amended, or as a site condominium in accord with Act 59 of 1978, as amended,

    shall provide access by subdivision roads, other private or public roads or by service drives.

    Notwithstanding the requirements of the Garfield Township Subdivision Control Ordinance, the

    standards for service drives shall be as follows:

    A. Width: A minimum of twenty (20) feet with construction to Grand Traverse County Road

    Commission standards for base and thickness of asphalt.

    B. A minimum of fifteen (15) feet snow storage/landscaping area must be reserved along both sides of

    the service drive with the edge of the service drive located a minimum of fifteen (15) feet from the

    major thoroughfare right-of-way.

    C. All driveway radii shall be constructed with concrete curbs.

    D. The center line of service drives intersecting with a public or private road which in turn intersects a

    major thoroughfare shall be at least 150 feet from the nearest edge of the traveled portion of the

    major thoroughfare to provide for adequate stacking and maneuvering on the public or private road.

    E. The service drive shall be a private road maintained by adjoining property owners or users who shall

    enter into and record an agreement for the joint maintenance of the service drive in a reasonably safe

    condition.

    F. The Township Planning Commission shall review and approve all service drives to ensure

    consistency with the Townships Access Management Guidelines.

  • Charter Township of Garfield Zoning Ordinance Article 5, Page 5-3

    SECTION 513 COMMERCIAL AND INDUSTRIAL JOINT DRIVEWAYS

    Commercial and industrial joint driveways shall be permitted subject to the following standards:

    A. Not more than three (3) parcels shall be served by a joint driveway.

    B. The minimum easement width shall be twenty-four (24) feet.

    C. The minimum pavement width shall be twenty (20) feet.

    D. A joint driveway maintenance agreement addressing the standards of Section 521.F.(3) Private Street

    Maintenance Agreement shall be entered into. Such agreement shall further address arrangements

    for standing, loading and unloading in order to avoid undue interference with the shared use of any

    joint driveway.

    E. A joint driveway easement agreement legally describing the driveway and providing for shared use

    of the driveway shall be entered into.

    F. The joint agreements entered into pursuant to subsections (D) and (E) above shall be recorded as a

    general deed restriction and shall bind the owners, including their successors and assigns, of all lots,

    parcels and condominiums units with access to the joint driveway. A copy of the recorded easement

    agreement and maintenance agreement shall be submitted to the Township prior to the issuance of a

    land use permit.

    G. Setback standards shall apply from the shared property line and not from the limits of the joint

    driveway easement.

    H. In the event that a joint driveway or parking area is constructed over a shared property line, the

    approval authority may permit the relocation of the required property line landscaping per 531 or

    532 to an alternate location which will screen the shared drive and parking area.

    SECTION 514 COMMERCIAL AND INDUSTRIAL JOINT ALLEYS

    Commercial and industrial alleys shall be permitted subject to the following standards:

    A. The alley will be private, and the Road Commission or Department of Transportation will have no

    obligation to maintain the alley in any manner.

    B. The minimum easement width shall be thirty (30) feet.

    C. The minimum pavement width shall be twenty-two (22) feet.

    D. The private alley shall conform to the minimum pavement structure standards adopted by the Grand

    Traverse County Road Commission except as otherwise provided for in this Section. Certification

    that the private alley meets the County Road Commission minimum pavement structure standards

    shall be provided by a licensed engineer.

    E. A private alley maintenance agreement addressing the standards of Section 521.F.(3) Private Street

    Maintenance Agreement shall be entered into. Such agreement shall further address arrangements

    for standing, loading and unloading in order to avoid undue interference with the shared use of any

    alley.

    F. A private alley easement agreement legally describing the alley and providing for shared use of the

    alley shall be entered into.

    G. The joint agreements entered into pursuant to subsections (E) and (F) above shall be recorded as a

    general deed restriction and shall bind the owners, including their successors and assigns, of all lots,

    parcels and condominiums units with access to the alley. A copy of the recorded easement agreement

    and maintenance agreement shall be submitted to the Township prior to the issuance of a land use

    permit.

    H. Setback standards shall not apply from the limits of the alley easement.

  • Charter Township of Garfield Zoning Ordinance

    SECTION 515 FENCES AND WALLS

    The intent of