Zoning, building permits and septic rules in Peaine Township, Michigan

Peaine Township’s own rules

• Certificate of occupancyRequired

  Structures altered, extended or erected inside Peaine township under the township zoning ordinance.

  • Occupancy requires a written approval from the building inspector after inspection, per the township ordinance.
  • The ordinance names the building inspector without naming the county or township office that fills the role.

  “it shall be unlawful to use or permit the use of any structure or premises hereafter altered, extended or erected, until the building inspector has made an inspection of the premises and shall have approved the same for occupancy in writing.”

• Local zoningPresent (with conditions)

  Land inside Peaine township limits. Peaine Township adopts and administers its own zoning ordinance, the Peaine Township Zoning Ordinance, so county zoning does not apply inside the township.

  • Zoning permits are issued by the township zoning administrator before a building permit is issued by the county.
  • Zoning districts and dimensional rules come from the township ordinance; the table of contents refers to zoning amendments posted 05/23/2023 that were not opened.

  “zoning permits are necessary for certain types of construction and normally must be obtained before a building permit can be issued at the charlevoix county department of building safety.”

• Zoning districtsPublished

  Zoning districts of Peaine township

  • The district list includes R-1, R-2, R-3 manufactured home development, R-4, C-1, C-2, I, A agriculture, PLFD, AA airport, AB airport protection, MR marine related, H harbor and CD critical dune districts.
  • Amendments posted 05/23/2023 are referenced for some districts and were not opened.

  “the zones are: r-1, r-2, a, c-1, c-2, cd, and i.”

• Minimum dwelling sizeDistrict specific (with conditions)

  R-2 single family residential district (section 6.2) inside Peaine township

  • The 600 square foot minimum applies to the principal dwelling, excluding porches, garages, basements and utility areas.
  • Multistory buildings need at least 600 square feet on the first floor.
  • Accessory dwellings have a separate 400 square foot minimum in the ordinance text for the district.

  minimum principal dwelling floor area: >= 600 square feet (excludes porches, garages, basements and utility areas)

  “each principal dwelling shall have a minimum of 600 square feet of floor area, exclusive of porches, garages, basements and utility areas, with a multistory building having a minimum of 600 square feet on the first floor.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Agriculture "A" district (section 6.8) inside Peaine township

    “each dwelling unit in this zoning district shall have a minimum floor area of 600 square feet of usable floor area on the first floor, exclusive of porches, garages, basements and utility areas. accessory dwellings and cabins shall have a minimum floor area of 400 square feet.”

• Minimum lot sizeDistrict specific (with conditions)

  R-1 single-family residential district (section 6.1) inside Peaine township

  • Smaller lots may be permitted only under the R-1 split exceptions, which apply only to lots of record as of August 5, 1992 and require minimum widths and area as stated in section 6.1.
  • Lot width at the building line must be at least 200 feet.

  minimum lot area: >= 100000 square feet (smaller splits allowed under section 6.1 exceptions) · minimum lot width at building line: >= 200 feet

  “the minimum lot area for uses in this zoning district shall be one hundred thousand (100,000) square feet and have a minimum width of two hundred (200) feet at the building line.”

  2 more reviewed findings on this topic

  • District specific (with conditions) — R-2 single family residential district (section 6.2) inside Peaine township

    “the minimum lot area for use in this zoning district shall be fifteen thousand (15,000) square feet and a minimum width of one hundred (100) feet at the building line.”

  • District specific (with conditions) — Agriculture "A" district (section 6.8) inside Peaine township

    “the minimum lot area for use in this zoning district shall be ten (10) acres with a minimum lot width of two hundred (200) feet.”

• SetbacksDistrict specific (with conditions)

  Agriculture "A" district (section 6.8) inside Peaine township

  • Residential buildings: side yard setback of 25 feet; non-residential buildings: 60 feet.
  • Rear yard setback of 100 feet.
  • Front yard setback of 50 feet.

  front yard setback: >= 50 feet · side yard setback (residential): >= 25 feet (60 feet for non-residential buildings) · rear yard setback: >= 100 feet

  “1) front yard - there shall be a front yard setback of not less than fifty (50) feet. 2) side yard - for residential buildings, there shall be a side yard setback of not less than twenty-five (25) feet. for all other buildings, there shall be a minimum side yard setback of sixty (60) feet.”

  One more reviewed finding on this topic

  • District specific (with conditions) — R-1 single-family residential district (section 6.1) inside Peaine township; only the rear yard setback was captured

    “there shall be a rear yard setback of not less than thirty-five (35) feet, except in the case of lake lots.”

• Living in an RVTemporary only (with conditions)

  Occupying a travel trailer, motor home, pick-up or pop-up camper as a dwelling on private land inside Peaine township

  • Allowed only while the occupants are building a permanent residence on the same property.
  • Term is not longer than twelve months, extendable by up to six months by the zoning administrator if progress is made.
  • A zoning permit is required first, and the vehicle must meet the health department requirements.
  • Parking a camper on a residential lot is allowed, but it may not be parked where it can be seen from a road or adjoining residence.

  maximum occupancy term: <= 12 months (may be extended up to 6 additional months by the zoning administrator)

  “the term of said occupancy shall be not longer than twelve (12) months; provided that such term may be extended for up to six (6) additional months by the zoning administrator if progress is being made toward completion of the construction of the permanent residence”

• Camping on your landLimited

  Overnight camping with a travel trailer or pop-up camper on public streets, alleys, highways or other public places inside Peaine township

  • Overnight stops and dwelling use on public places are unlawful except inside a licensed manufactured home park, forest campground, state park, or township park.
  • Parking on a residential lot is permitted under section 4.20(c).

  “it shall be unlawful for any person to park, or cause to be parked, any travel trailer, utility trailer, motor home, pick-up or pop-up camper on any street, alley, highway, or other public place in the township for storage, use as a dwelling, either temporarily or permanently, or for overnight stops, outside a licensed manufactured home park, a forest campground, a state park, or a township park.”

• Accessory dwellingsLimited

  R-1 single-family residential district (section 6.1) inside Peaine township

  • Only one accessory dwelling per lot, subject to section 4.5.
  • Accessory dwellings may be occupied only by guests, renters, security personnel, caretakers or other domestic employees related to the principal building.
  • Accessory dwelling size cannot exceed the lesser of 1,500 square feet or 50 percent of the principal dwelling floor area.

  maximum accessory dwelling floor area: <= 1500 square feet (or 50 percent of the principal dwelling floor area, whichever is less)

  “one accessory dwelling per lot subject to the provisions of section 4.5 of this ordinance and further provided the accessory dwelling shall not exceed the lesser of 1,500 square feet or 50 % of the floor area of the principal dwelling”

  One more reviewed finding on this topic

  • Limited — R-2 single family residential district (section 6.2) inside Peaine township

    “one accessory dwelling per lot subject to the provisions of section 4.5 of this ordinance and further provided the lot or parcel shall have a minimum area of 30,000 square feet and the accessory dwelling shall not exceed the lesser of 1,000 square feet or 50 % of the floor area of the principal dwelling”

• Off-grid sanitationLimited

  Dwellings and buildings inside Peaine township that have no public sanitary connection

  • Each dwelling must have a safe and sanitary water supply and a means for collecting and disposing of human excreta, approved by the health agency.
  • Approval must be filed with the zoning permit application.

  “the written approval of such facilities by the northwest michigan community health agency shall be filed with an application for a zoning permit.”

• Subdividing landRegulated (with conditions)

  Land divisions and condominium subdivisions inside Peaine township

  • Article XVII of the zoning ordinance sets subdivision and condominium subdivision regulations; procedures are in section 17.3.
  • Only the table of contents was read; the Michigan Land Division Act was not checked.

  “article xvii subdivision and condominium subdivision regulations section 17.1 purpose section 17.2 general requirements”

• Building in a floodplainLimited

  R-1 single-family residential district (section 6.1) inside Peaine township; general flood-hazard duty only, no floodplain permit located

  • The builder must ensure new or altered structures are not damaged by flooding or flood hazards.
  • Soil erosion permits are needed for construction within 500 feet of water, per the township guide.
  • Shoreline protection under section 4.22 applies.

  “the developer or builder shall be required to ensure that new or altered structures in this zoning district will not be damaged by flooding or flood hazards”

• Permit feesVariable (with conditions)

  Zoning permit and related zoning application fees for Peaine township

  • The township board sets zoning fees by resolution, with a fee schedule covering zoning permits, special use permits, appeals and other items.
  • The fee amounts themselves were not located in the pages read.

  “the township board may from time to time adopt by resolution a fee schedule establishing basic zoning fees related to the following: 1) zoning permits.”

• Permit processPartial

  Zoning and building permit sequence for construction inside Peaine township

  • Zoning permit first, then county building permit; health-agency well and septic approvals and county road or access permits are also needed.
  • The township application form and the county building application fees were not opened.

  “the charlevoix county building department will not issue a permit, without an approved zoning permit obtained from the beaver island zoning administrator.”

Rules another office applies inside Peaine Township

Peaine Township does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building permitRequired

  New residential and other construction inside Peaine township; building permits are issued by the Charlevoix County Department of Building Safety, not by the township.

  • A zoning permit from the township normally must be obtained before the county issues a building permit.
  • The county application asks for copies of other permits including zoning, drive, septic, well, soil erosion, wetlands, and critical dunes or high risk erosion permits.

  “building permits are issued by the charlevoix county building safety department.”

• Building code adoptedAdopted

  Building permits and inspections in Peaine township are run under the state building code as enforced by the Charlevoix County Building Safety Department.

  • The county document names the state building code without naming an edition; the edition was not confirmed.
  • Residential plan submittal and energy code requirements are stated by the county and were not fully reviewed.

  “section 109 of the state building code requires the permit holder to notify this office when any portion of the work is ready for inspection.”

• Well permitRequired

  Residences inside Peaine township that need a private water well

  • Apply for the well permit with the Northwest Michigan health agency.
  • The township guide says to confirm the property perks before construction.

  “if the construction is for a residence, you need to apply for well and septic permits at health department northwest michigan.”

• Driveway accessRequired

  Road or driveway access for construction inside Peaine township; the Charlevoix County Road Commission issues the access permit.

  • The zoning application must include any Charlevoix County Road Commission permit for any road or access.
  • The township guide says to contact the Charlevoix building department for driveway and culvert permits.

  “driveway culverts: please call the charlevoix county road commission.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Peaine Township or Charlevoix County directly.

• Owner-builder exemption — Owner-built construction in Peaine township
• Lot coverage — Lot coverage in Peaine township districts
• Building height — Building height in R-1 and agriculture districts of Peaine township
• Tiny homes — Tiny homes on private land inside Peaine township
• Manufactured homes — Manufactured home occupancy on private land inside Peaine township outside a manufactured home development

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.