The regulations in this Zoning Code shall be subject to the following interpretations and exceptions:
(a) Essential Services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the Township, it being the intent hereof to exempt such essential services from the application of this Zoning Code.
(b) Voting Places. The provisions of this Zoning Code shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other public election.
(c) Driveways. Driveways may be constructed within required front, side and rear yards.
(d) At-Grade Patios At-grade patios may be constructed within required side and rear yards.
(Ord. 260. Passed 7-9-79.)
(e) Height Limits. The height of all structures, including, but not limited to, monuments, water towers and commercial radio and television transmission towers, shall not exceed the height limit of the district in which they are located unless variance is granted by the Board of Appeals. Each residential unit and commercial and industrial building shall be limited to a maximum of two antenna support structures located on its roof.
(1) Amateur (Ham) radio antennas, licensed by the Federal Communications Commission (FCC) or other government-authorized agency, may be located on residential property. Roof-mounted antenna support structures shall not exceed a height of five feet above the peak of the roof upon which they are mounted. Roof-mounted antennas shall be vertical, omni-directional antennas, not to exceed a height of twenty feet.
(2) Residential properties shall be limited to one ground-mounted antenna support structure, not to exceed an over-all height of seventy-five feet, including antennas. Said structure shall be located only in the rear yard, a minimum of ten feet from any property line. All antenna support structures shall require building permits and inspection by the Department of Building and Safety. Said structures shall meet all applicable requirements of the Michigan Building Code and/or Michigan Residential Code in addition to all safety requirements specified by the manufacturer.
(Ord. 260-A-122. Passed 7-7-86; Ord. 260-A-415. Passed 12-5-05.)
(f) Lot Area. Any lot of record on the effective date of this Zoning Code may be used for any principal use (other than uses permitted subject to special conditions, for which specific lot area requirements are contained in this Zoning Code) permitted in the district in which such lot is located, whether or not such lot complies with the lot area requirements of this Zoning Code, provided that compliance is made with all regulations, other than lot area requirements, as prescribed in this Zoning Code, and provided that not more than one dwelling unit shall occupy any lot, except in conformance with regulations of this Zoning Code for required lot area for each dwelling unit.
(g) Lots Adjoining Alleys. In calculating the area of a lot which adjoins an alley or lane, for the purpose of applying lot area requirements of this Zoning Code, one-half the width of such alley abutting the lot shall be considered as part of such lot. When reasonable compliance cannot be made with yard requirements on lots of record on the effective date of this Zoning Code, or on lots of peculiar shape, topography or architectural or site arrangement, the Board of Appeals may grant a variance to such requirements.
(Ord. 260. Passed 7-9-79.)
(h) Porches and Decks. An unenclosed, uncovered porch or deck (one that does not have a roof and/or walls) may project into a required front yard for a distance not to exceed eight feet and into a required rear yard for a distance not to exceed twelve feet. Such porch or deck shall not occupy more than thirty percent of any required rear yard plus twenty percent of any non-required rear yard.
(Ord. 260-A-314. Passed 8-10-98; Ord. 260-A-381. Passed 10-6-03.)
(i) Projections Into Yards. Architectural features, such as, but not limited to, window sills, cornices, eaves, wingwalls, bay windows, chimneys or other vertical projections may extend or project into a required side yard not more than two inches for each one foot of width of such required side yard and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details which are nominally demountable.
(j) Railroad Rights of Way. Railroads rights of way shall be permitted in all use districts, provided that related industrial uses shall be permitted only when adjacent to an I-1 or I-2 Industrial District.
(Ord. 260. Passed 7-9-79.)
(k) Carnivals and Festivals.
(1) Permitted uses. Carnivals may be permitted in any I-1 or I-2 District, and festivals may be permitted in any district, subject to the procedure and minimum requirements and regulations as hereinafter provided for.
(2) Procedure.
A. Applicants shall submit a written application, upon forms to be provided by the office of the Township Clerk, accompanied by such non-refundable fee as may be established by the Township Board by resolution, which application shall contain the following minimum information:
1. The name and address of the applicant.
2. The name and address of any sponsor organization.
3. The street address or other specific location where the carnival or festival is to be conducted, together with the dates of its proposed operation and the name and address of the owner of such premises or other person authorized to grant permission for use thereof.
4. A general description of existing business or land use of the premises, if any use exists.
5. A brief description and number of any licenses, permits or other approvals required under the laws of the State of Michigan or by any governmental agency, together with a copy of each such license, permit or approval.
B. A copy of a written lease or other authorization to use such premises shall accompany the application.
C. A sketch or other drawing, depicting the location on the premises where the carnival is to be conducted, including the number and location of all toilet facilities and fencing as required under this Zoning Code, shall accompany the application.
D. The Township Clerk shall forthwith forward such application to the Department of Planning and Community Development for its review to assure compliance with this Zoning Code and the Department shall return such application to the Township Clerk within seven days with its recommendation and reasons therefor.
E. The Township Clerk shall forthwith forward such application to the Department of Building, Fire, Police and Public Works for their review and/or inspection of the premises and submittal of their recommendations thereon to the Township Clerk.
F. Such application and such recommendations shall then be placed upon the agenda of the next regularly scheduled Township Board meeting for its action in granting or denying such uses, provided that the Township Board may postpone final action for good cause, which would include the finding of a necessity to obtain additional information to assure compliance with this Zoning Code and other ordinances or other laws.
(Ord. 260-A-107. Passed 12-9-85.)
G. In addition to the information herein required, an application for a carnival or a festival involving the live performance of amplified music or music played out of doors shall include the following:
1. A statement verifying the capability of personnel to accommodate the potential increase in vehicle and pedestrian traffic.
2. A statement verifying that levels of artificial light and noise generated by the proposed use will not have a negative impact upon surrounding properties.
3. A statement verifying that the nature of the proposed entertainment will not have a negative impact upon the health, safety and welfare of patrons and participants.
(Ord. 260-A-314. Passed 8-10-98.)
(3) Minimum requirements and regulations. Each carnival and festival shall comply with the following minimum requirements and regulations:
A. Permits and approvals. Any and all permits or approvals required by any governmental agency, Federal, State or Municipal, shall be obtained and maintained in force.
B. Insurance. A policy of public liability insurance of not less than five hundred thousand dollars ($500,000) per person and one million dollars ($1,000,000) per incident, together with property damage of not less than one hundred thousand dollars ($100,000) shall be maintained, a copy of which policy shall be furnished to the Township Clerk prior to commencement of operation of the carnival or festival.
C. Parking. Adequate parking shall be provided to reasonably insure that persons attending the carnival or festival or the other existing business conduct on the premises will not find it necessary to park on the public right of way of other lands.
D. Hours of operation. Carnivals shall not operate prior to 10:00 a.m. and shall close not later than 11:00 p.m., Eastern Standard Time or Eastern Daylight Savings Time, as the case may be. Festivals shall not operate prior to 10:00 a.m. and shall close not later than 2:00 a.m. Eastern Standard Time or Eastern Daylight Savings Time, as the case may be.
E. Toilet facilities. Each carnival or festival shall have adequate permanent or portable toilet facilities available on the premises.
F. Refuse containers and daily clean-up. Each carnival and festival shall maintain, about the premises, sufficient refuse containers to reasonably insure that all paper and other debris from products sold or made available to persons in attendance will not be thrown on the ground. Such containers shall promptly be emptied when full into dumpsters or other containers as approved by the Township Department of Public Works. Immediately upon closing each day, the entire premises of the carnival or festival shall be cleaned in a manner to remove and dispose of all debris and refuse on and about the grounds.
G. Fencing. The entire perimeter of the portion of the premises where the carnival or festival is to be conducted shall be fenced with a temporary fencing of such type and height as to reasonably insure the segregation of this use from the remainder of the premises and to prohibit persons from entering or leaving except through designated entrances and exits.
H. Security. Each carnival or festival shall provide sufficient professional security guards to reasonably insure the maintenance of peace and order on the premises and to otherwise protect the public in attendance thereat. "Professional security guard" is hereby defined to mean a person who has received training and/or is licensed as a security guard.
I. Residing on premises. Employees or other persons shall not be permitted to reside upon the premises on which the carnival or festival is conducted, except one person for security purposes who may reside overnight therefor. All other employees and persons participating in such carnival or festival shall reside off the premises and in other duly authorized and lawful locations for residence purposes. They may not occupy mobile homes, trailers or other vehicles situated in any location in the Township except in a duly licensed mobile home park, travel trailer park or campground.
J. Gambling games prohibited. Games of chance or other contests, which are construed as gambling prohibited under the laws of the State of Michigan, shall not be permitted.
K. Clean-up bond. Each applicant for a carnival shall deposit with the Township Clerk a cash bond in the sum of one thousand dollars ($1,000) and each applicant for a festival shall deposit with the Township Clerk a cash bond in the sum of five hundred dollars ($500.00) prior to commencement of operation, such cash bond to be held by the Township Clerk as security for cleaning up and removal of all debris from the premises upon termination of the carnival or festival. This bond shall be refunded to the applicant upon request therefor and written certification by the Township Department of Public Works that all debris emanating from such carnival or festival has been removed from the premises. In the event no written request for refund of such bond is received within thirty days following the removal of the carnival or festival from the premises, such bond shall be presumed abandoned and transferred to the Township General Fund as public money.
(4) Waiver of fees. Any bona fide charitable or non-profit organization, which is not established or operated for political purposes, may apply for waiver of fees at the time it submits its application pursuant to the procedure hereinbefore cited, and the Township Clerk shall process such application without the fee paid in advance, and, at the time it is submitted to the Township Board, a determination shall be made by the Township Board as to whether or not the fee should be waived. Any approval of the application by the Township Board without waiver of fee shall be conditioned upon payment of the fee in advance of conducting the carnival or festival.
(Ord. 260-A-107. Passed 12-9-85.)
(l) Other Temporary Uses and Structures. Other temporary uses and structures may be permitted by the Superintendent of the Charter Township of Clinton Building Department for a period not to exceed one hundred eighty (180) days provided that such use or structure is permitted in the district and adequate parking facilities are provided. Additional limitations or conditions are deemed necessary to protect the health, safety and welfare of the users and/or the general public may further be imposed by the Superintendent. The Superintendent is authorized to grant one extension for up to an additional one hundred eighty (180) days for demonstrated cause. In the event the request for a temporary use or structure is denied, the applicant within ten (10) days of the denial may apply to the Township Board, appealing the denial through submitting a written letter requesting an appeal to the Township Clerk. The reasons for the appeal shall be set forth in the letter. In the event the license is issued and the licensee fails to comply with additional limitations or conditions within the license or otherwise fails to comply with additional limitations or conditions within the licensee or otherwise fails to conform to Township ordinances or interferes with adjoining property owners rights or creates hazards, the Superintendent or his or her designee may request that the Township Board revoke, suspend, or modify the approval for the temporary use and/or structure. A copy of the application to the Township Board shall be furnished to the party receiving the approval who shall appear before the Township Board and show cause why relief as requested should not be granted. The Superintendent is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation is fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the ICC Electrical Code or as otherwise provided in any applicable Building Code adopted by the Township. The Superintendent is authorized to terminate any permit for a temporary structure or use and to order the temporary structure or use to be discontinued. Applications for concrete or asphalt batch plants as temporary uses may be approved solely by the Township Board and may be extended for additional periods of time up to one hundred eighty (180) days.
(Ord. 260-A-58. Passed 8-22-83; Ord. 361. Passed 3-27-06.)
(m) Outdoor Sales and Display of Goods, Tent Facilities, Funerals, Healthcare Emergencies.
(1) The Township Board may grant a special permit for outdoor sales and display of goods which are either accessory or not accessory to a principal use such as, but not limited to fruits, vegetables, dairy products, plants, flowers, Christmas trees, etc and such other goods which are readily accessible for inspection and removal by the potential customer, subject to the following conditions:
A. No such use shall be permitted on any lands within the Township except those properties which abut a major or secondary thoroughfare and are located in the OS, B-l, B-2, B-3, I-1, I-2, or RM District.
B. Adequate off street parking shall be provided on the site to accommodate both the proposed additional use and any existing uses and shall not be located within any public right-of-way or required set back.
C. All such outdoor sales and display areas shall comply with Commercial and Noncommercial Solicitors Chapter 882 of these Codified Ordinances.
D. Metal shipping containers or other similar containers shall not be placed upon the site in order to store goods which are sold, or available for sale other than within a fully enclosed building, or as regulated by Sect. 1299.01(l), Other Temporary Uses and Structures.
E. No tent or other temporary structure shall be erected more than two (2) days prior to the permitted date for the sale and display of goods. Tents and other temporary structures shall be removed within two (2) days upon the expiration of the date for the permitted sale and/or display of goods. As a cumulative remedy, further approvals by the applicant and at the property involved may be withheld.
F. The Township shall not grant permission for outdoor sales and display permitting simultaneously in excess of fifteen (15) temporary uses and display of goods within the Township in total per calendar year.
G. The Township shall not permit in excess of two (2) temporary structures for outdoor sales and/or display of goods per legally described parcel and per any site which consists of a shopping center, or other site where a common use of the parking lot occurs amongst parcels at one time. Common use of the parking lot refers to the parking area being open and available for the public since the vehicles may be parked and the parking surface crossed without obstruction to access businesses.
H. No separate legally described parcel, or parking lot which is accessible to businesses shall have in excess of four (4) permitted temporary outdoor sales and display of goods in any calendar year.
I. In granting an approval, the Township Board may select the set back location for temporary structures such as tents from roadways and buildings and provide for tents not to obstruct existing drives and driveways within parking areas.
J. No temporary uses shall be permitted in any shopping plaza which has in excess of twenty percent (20%) vacancy of available gross floor area for all sites within the shopping center.
K. Scaled drawings shall be furnished showing the proposed location of temporary uses and structures. Manufacturers information and fire safety information shall be furnished with respect to all temporary structures, such as tents. An elevation drawing of any temporary structure, including tents, shall be furnished.
L. Except as provided, all sales shall be rung up within one of the existing permanent buildings on site with temporary structures being for display only. At the discretion of the Township Board of Trustees, outdoor sales may be approved when all of the following conditions are met:
1. An entity conducting such sales maintains a physical presence at the parcel proposed for outdoor sales, either through ownership of a building or a lease of at least one year and has been previously approved for operation by the township having complied with all building, fire and police regulations.
2. All taxes are current and all water bills, or other township fees are paid.
3. Such sales are accessory to the principal use and involve a product which consistently makes up at least ten percent (10%) of the sales occurring within the permanent structure to which the proposed temporary outdoor use is accessory and permitted.
M. Temporary structures shall comply with requirements set forth in the current edition of the International Fire Code and the Michigan Building Codes, with applicants obtaining the necessary permits from each department and fully complying with all other Township ordinances.
N. Signs shall comply with Chapter 1488
. Sign permits shall be secured through the Building Department. Balloons, pennants, streamers, spinners, message boards, manikins, inflatable and wind blown devices are not permitted. Applicant shall fully comply with all other Township ordinances.
(2) The Building Superintendent may grant a special permit for the erection of a tent, and other temporary facilities for funeral related services and other outdoor activities that do not involve the sale of goods at any funeral home which is licensed by the State of Michigan subject to the following conditions:
A. Any and all services and the congregation of people outdoors shall conclude and disperse on or before 10:00 p.m.
B. Any and all electrical service shall be subject to inspection in compliance with applicable Township ordinances, including procuring permits if required under such ordinances. Tents and cooking devices shall be subject to inspection by the Fire Marshal in compliance with applicable ordinances and laws.
C. A drawing shall be submitted as a site location drawing, identifying tent locations and temporary facilities and depicting parking lot features and driveway features, such that parking and pedestrian traffic can be evaluated.
D. No sound amplification, for speech, music, or other purposes shall be permitted whether outdoors or within any tent, or temporary structure.
(3) The Building Superintendent may grant a special permit for the erection of a tent, and related temporary facilities for a hospital, or other similar healthcare facility where emergency circumstances make it impractical to obtain permission for an outdoor use and facilities before the Board of Trustees.
(Ord. 260-A-61. Passed 10-17-83; Ord. 260-A-122. Passed 7-7-86; Ord. 260-A-448. Passed 5-13-13.)
(n) Solid Waste Disposal.
(1) No solid waste, as defined in Section 1250.07, shall be kept in open containers or piled, placed, stored, dumped or disposed of on any land or within any building within the Township of Clinton, except in accordance with the requirements of the State of Michigan and/or the Federal Government and paragraph (n)(2) hereof.
(2) Nothing contained in this Zoning Code shall prevent the reasonable use of garbage, fertilizers, manure and similar material for the improvement of land used for farming purposes where such use is not carried on in an unhealthy or unsanitary manner, causing a menace to the health and welfare of the public, provided, however, that the storing, piling, placing or dumping of the above-mentioned materials from other than one household, whether the operation is carried on for a profit or not, shall be subject to the requirements of paragraph (n)(1) hereof. However, in no instance shall any such storage and/or composting of the above-mentioned materials be permitted within 200 feet of any land containing a residential dwelling.
(Ord. 260-A-58. Passed 8-22-83.)
(o) Satellite Dish Antennas.
(1) Satellite dish antennas shall be installed only upon issue of a permit by the Clinton Township Department of Building upon condition that the mounting and support for such antenna meet the requirements of the BOCA National Building Code as adopted by the Township of Clinton from time to time.
(2) Satellite dish antennas shall meet all manufacturer's specifications, be of corrosion-resistant material and be erected in a secure wind-resistant manner.
(3) Satellite dish antennas shall not exceed a diameter of twelve feet.
(4) In a One-Family or Two-Family Residential Zoning District, a satellite dish antenna may be permitted, subject to the following:
A. A satellite dish antenna shall be located in the rear yard of a lot or a parcel of property.
B. In the event that a satisfactory satellite signal cannot be received by locating the satellite dish antenna in the rear yard, the Board of Appeals may grant a variance to permit location of the satellite dish antenna in the front yard, in the side yard or upon the roof of a principal or accessory structure. A finding by the Board of Appeals that a suitable signal cannot be obtained shall be deemed sufficient proof of practical difficulty or unnecessary hardship to authorize the granting of a variance in its sole discretion.
C. Roof or pole-mounted antennas shall not exceed the height requirements of the One-Family or Two-Family Residential District in which they are located.
D. Roof-mounted antennas shall be of mesh construction.
(5) In all other zoning districts, satellite dish antennas are permitted, subject to the following:
A. Satellite dish antennas shall be permitted either at ground level, on a pole or on a roof. Satellite dish antennas shall be placed so as not to exceed the height limit of the district in which they are located.
B. Satellite dish antennas shall not be placed in any required setback nor in a required parking area.
C. In the event that a satisfactory satellite signal cannot be received by compliance with the requirements of paragraphs (o)(5)A. and B. hereof, the Board of Appeals may grant a variance to permit the location of the satellite dish antenna in the front yard, in the side yard or upon the roof of a principal or accessory structure. A finding by the Board of Appeals that a suitable signal cannot be obtained shall be deemed sufficient proof of practical difficulty or unnecessary hardship to authorize the granting of a variance in its sole discretion.
D. Roof-mounted antennas shall be of mesh construction.
(p) Medical Marijuana Cultivation, Growth, Storage, Exchange and Processing.
(1) The growth cultivation, processing storage and exchange of medical marijuana by a qualifying patient or by a primary caregiver as defined pursuant to State law including M.C.L.A. 333.26423 and any subsequent amendment or replacement, shall be permitted only in single family or multi-family zoning districts within a single family dwelling which is owned or rented and occupied by the qualifying patient or primary caregiver for their residential use.
(2) The foregoing activities shall be in full compliance with all applicable Township ordinances and other applicable state and county laws and shall not occupy more than 25% of the usable area as measured by interior floor space of the dwelling unit excluding the basement square footage, or 200 square feet whichever is less.
(3) Provisionary centers or dispensaries where marijuana is exchanged for a qualified patient or 250 square feet for a primary caregiver between qualified patients or caregivers are unlawful. Exchanges between qualified patients and caregivers may only occur at the principal home residence of the primary caregiver or qualifying patient. Exchanges between 9:00 p.m. and 8:00 a.m. are prohibited.
(Ord. 260-A-453. Passed 1-11-16; Ord. 260-A-462. Passed 4-10-17; Ord. 260-A-467. Passed 9-25-17.)