Section
General Provisions
155.001 Title
155.002 Purpose
155.003 Scope
155.004 Legal basis
155.005 Rules of construction
155.006 Definitions
155.007 Effective date
Structure Regulations
155.020 Area, height, and use conditions and exceptions
155.021 Required lots, yards, and frontage
155.022 Principal uses or main buildings on a lot
155.023 Double frontage lots
155.024 Minimum lot width for cul-de-sac lots
155.025 Projections into yards
155.026 Clear vision corners
155.027 Control of heat, glare, fumes, dust, noise, vibration, and odors
155.028 Temporary dwellings, uses, or structures
155.029 Accessory uses
155.030 Accessory buildings or structures
155.031 Fences
155.032 Swimming pools
155.033 Home based businesses
155.034 Home occupations
155.035 Dish antenna
155.036 Essential services
155.037 Illegal dwellings
155.038 Razing of building
155.039 Moving of building
Nonconforming Buildings or Structures, Uses, and Lots
155.050 General requirements
155.051 Nonconforming buildings and structures
155.052 Nonconforming uses
155.053 Nonconforming lots of record
155.054 Keeping of pets and raising and keeping fowl or animals
155.055 Private easement/private road
155.056 Storage and repair of vehicles
155.057 Lighting
155.058 Maintenance of landscaping and buffers
155.059 Storage of recreational equipment
155.060 Floor areas and grade level
155.061 Medical marihuana
Zoning Districts
155.075 District
155.076 Zoning map
155.077 Areas not included within a district
155.078 AR Agricultural/Rural Residential District
155.079 WD Waterfront District
155.080 R-1 Single-family Residential District
155.081 R-2 Residential District
155.082 MHP Manufactured Home Park District
155.083 C Commercial District
155.084 IND Industrial District
Site Plan Review
155.095 Purpose
155.096 Site plans reviewed
155.097 Application procedures
155.098 Preliminary site plan review
155.099 Final site plan review
155.100 Site plan review standards
155.101 Approved site plans
Parking
155.115 Parking, general requirements
155.116 Parking lot design standards
155.117 Off-street parking requirements
155.118 Off-street loading requirements
Special Land Uses
155.130 Purpose
155.131 Application and review procedures
155.132 Basis of determination
155.133 Approval term and expiration
155.134 Revocation of special land use approval
155.135 Existing special exceptions
155.136 Resubmission
Specific Special Land Use Standards
155.150 Special land uses
155.151 Recreation grounds
155.152 Removal of resources
155.153 Public or private campgrounds
155.154 Two-family dwellings
155.155 Multiple-family dwellings
155.156 Planned unit developments
155.157 Funeral homes and mortuary establishments
155.158 Group and commercial day care homes and facilities
155.159 Hotels and motels
155.160 Theaters and the like
155.161 Restaurants with drive-through facilities
155.162 Vehicle service stations
155.163 Vehicle wash establishments
155.164 Open air businesses
155.165 Veterinary hospitals, animal clinics, and commercial kennels
155.166 Utility and public service buildings
155.167 Body shops
155.168 Lumber and planing mills
155.169 Metal plating, buffing, and polishing
155.170 Commercial storage warehouses
155.171 Stamping or punch press operations
155.172 Junk yards
155.173 Boat launches
155.174 Marinas
155.175 Sexually oriented businesses
155.176 Bed and breakfast establishments
155.177 Private schools, churches, and the like
155.178 Intensive livestock operations
155.179 Open space developments
155.180 Vehicle sales
155.181 Private hunting facilities
155.182 Private docks accessory to non-residential uses
155.183 Private dock on vacant residential parcel
Conditional Rezoning
155.195 Intent
155.196 Application and offer of intent
155.197 Planning Commission review
155.198 Township Board review
155.199 Approval
155.200 Compliance with conditions
155.201 Time period for establishing development or use
155.202 Reversion of zoning
155.203 Subsequent rezoning of land
155.204 Amendments of conditions
155.205 Township right to rezone
155.206 Failure to offer conditions
Wind Generated Power
155.220 Purpose
155.221 Definitions
155.222 On-site use wind energy systems
155.223 Commercial grade wind energy systems
155.224 Wind site assessment for utility grade wind energy systems
155.225 Application
155.226 Utility grade wind energy system requirements
155.227 Property setback
155.228 Sound pressure level
155.229 Construction codes, towers, and interconnection standards
155.230 Safety
155.231 Visual impact
155.232 Environment impact
155.233 Avian and wildlife impact
155.234 Electromagnetic interference
155.235 Shadow flicker
155.236 Decommissioning
155.237 Complaint resolution
Solar Energy Systems
155.240 Purpose
155.241 Definitions
155.242 Solar energy systems (SES)
Zoning Board of Appeals
155.250 Creation and membership
155.251 Jurisdiction
155.252 Application and hearing procedure
155.253 Standards of review
155.254 Decisions of the Zoning Board of Appeals
155.255 Resubmission
Administration and Enforcement
155.270 Zoning Administrator
155.271 Duties of the Zoning Administrator
155.272 Zoning compliance and building permits
155.273 Property surveys
155.274 Certificate of occupancy
155.275 Zoning ordinance amendments
155.276 Schedule of fees
155.277 Performance guarantees
155.278 Recording of meetings
155.999 Penalty
GENERAL PROVISIONS
(A) This chapter is based upon the Silver Creek Township Master Plan and is designed to promote the public health, safety, and general welfare; to encourage the use of land and bodies of water in accordance with its character and adaptability and protect land and bodies of water from improper use; to conserve natural resources and energy to meet the needs of the state’s citizens for food, fiber, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land; to ensure that uses of land shall be situated in appropriate locations and relationships; to avoid the overcrowding of population; to provide adequate light and air; to lessen congestion on waterways and public roads and streets; to reduce hazards to life and property; to facilitate the adequate provision of 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 so as to obtain the most advantageous uses of land, resources, and properties.
(B) This chapter is adopted with reasonable consideration, among other things, of the character of each zoning district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.
(Ord. passed 7-30-2015; amended 8- -2015)
(A) This chapter shall not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances, or regulations, except those repealed herein by specific reference, or with private restrictions placed upon property by covenant, deed, or other private agreement, or with restrictive covenants running with the land to which the township is a party.
(B) Where this chapter imposes greater restrictions, limitations, or requirements upon the use of buildings, structures, or land; the height of buildings or structures; lot coverage, lot areas, yards, or other open spaces; or any other use or utilization of land than are imposed or required by such existing laws, ordinances, regulations, private restrictions, or restrictive covenants, the provisions of this chapter shall control.
(C) Except as herein specified, no building, structure, lot, or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located.
(Ord. passed 7-30-2015)
The continued administration of this chapter, amendments to this chapter, and all other matters concerning operation of this chapter shall be done pursuant to Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, herein referred to as the Michigan Zoning Enabling Act.
(Ord. 09-11, passed 11-11-2009; Ord. passed 7-30-2015)
The following listed rules of construction apply to the text of this chapter.
(A) The particular shall control the general.
(B) In the case of any difference in meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
(C) The word SHALL is always mandatory and not discretionary. The word MAY is permissive.
(D) Words used in the present tense shall include the future and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(E) A building or structure includes any part thereof.
(F) The word PERSON includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(G) Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows.
(1) AND indicates that all connected items, conditions, provisions, or events shall apply.
(2) OR indicates that the connected items, conditions, provisions, or events may apply singularly or in any combination.
(3) EITHER OR indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.
(H) Terms not herein defined shall have the meaning customarily assigned to them.
(Ord. passed 7-30-2015)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building on the same premises with a main building, or portion of a main building, and occupied or devoted to an accessory use; for example, a private garage.
ACCESSORY USE or ACCESSORY. A use of a zoning lot which is clearly incidental to the principal use of the lot and customarily found in connection with the principal use. When ACCESSORY is used in this text, it shall have the same meaning as ACCESSORY USE.
ADJACENT GRADE. Adjacent grade shall be construed as the average grade measured at a point three feet on each side of the fence. In the case of a fence on a retaining wall, adjacent grade shall be the grade of the top of the wall.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment that, as one of its business purposes or services, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals, or other printed and/or electronic or digital matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT CABARET. A nightclub, bar, restaurant, lounge, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas; or
(3) Films, motion pictures, video cassettes, slides, electronic, digital, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
AGRICULTURE. The cultivation, tilling, or use of soil for the purpose of growing or storing crops thereon or use of land for the purpose of animal or poultry husbandry, including the preparation and marketing of agricultural products for commercial purposes. All reasonable dust, spray drift, water drift, noise, odors, and other conditions normally association with the foregoing agricultural uses are considered a part of the AGRICULTURE and are permitted.
ALTERATIONS. Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams, or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.
ANIMAL UNIT. A unit of measurement used to compare relative differences in the odor producing characteristics of animal wastes with the following equivalencies applicable to various animals (see chart).
Animal | Unit |
Cattle | 1.0 |
Fowl | 0.10 |
Horses | 1.0 |
Other animals | As determined by the Zoning Administrator |
Sheep | 0.5 |
Swine | 1.0 |
AVERAGE GRADE-DEFINED GRADE. The average finished ground elevation at the center of all walls of a building established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building or structure being measured.
BASEMENT. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
BEACHED or BEACHING. Placing or securing a watercraft on or adjacent to the shore of a separate frontage.
BED AND BREAKFAST ESTABLISHMENT. A house, or portion thereof, where short-term lodging rooms and meals are provided as a commercial operation.
BERM. A mound of earth graded, shaped, and improved with landscaping in such a fashion as to be used for visual or audible screening purposes.
BOAT LIFT, BOAT CRADLE, BOAT STORAGE DEVICE. A device for the purpose of mooring, anchoring, or holding a watercraft in, on, or above the water.
BODY SHOPS. Any building, premises, or land in which or upon which the primary use is the servicing, repair, or painting of motor vehicles.
BOTTOM LAND. The land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered with water.
BUFFER STRIP. A strip of land required between certain districts reserved for plant material, berms, walls, or fencing to serve as a visual barrier.
BUILDING. A structure erected on site, pre-manufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind.
BUILDING CODE. The code or codes governing the erection and maintenance of buildings as currently adopted by Silver Creek Township.
BUILDING HEIGHT. The vertical distance measured from the established grade at ground to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. On a structure having a flat roof, the parapet, if provided, may exceed the maximum building height by three feet. Where a building is located on sloping terrain, the height shall be measured from the average ground level of the grade at the building wall.
BUILDING INSPECTOR. The person designated by the Township Board to administer the provisions of the adopted Building Codes for Silver Creek Township
BUILDING LINE. The outline formed by the outermost horizontal extents of the building, including eaves, cornices, bay windows, gutters, chimneys, pilasters, and similar features, except as described in § 155.025.
CERTIFICATE OF OCCUPANCY. A document signed by an authorized township official as a condition precedent to the commencement of a use of a structure or building which acknowledges that such use, structure, or building complies with the provisions of the Michigan Building, Electrical, Plumbing, and Mechanical Codes and all final inspections have been approved.
CERTIFICATE OF ZONING COMPLIANCE. A document signed by an authorized township official, after an inspection has been made, stating that all provisions of this chapter have been adhered to at the completion of permitted work.
CHILD CARE CENTER.
(1) A facility, other than a private residence, licensed by the Michigan Department of Social Services, in which one or more children are given care and supervision for periods of less than 24 hours per day, and where a parent or legal guardian is not immediately available to the child. CHILD CARE CENTER includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.
(2) CHILD CARE CENTER does not include a Sunday School, a Vacation Bible School, or a religious class that is conducted by a religious organization where children are in attendance for not greater than four hours per day for an indefinite period, or not greater than eight hours per day for a period not to exceed four weeks during a 12-month period, or a facility operated by a religious organization where children are cared for not greater than four hours while persons responsible for the children are attending religious classes or services.
COMMERCIAL STORAGE WAREHOUSE. A building or buildings used primarily as a commercial business for the storage of goods and materials.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public, but are not considered an essential public service.
CONVALESCENT or NURSING HOME. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.
DAY CARE.
(1) GROUP DAY CARE HOME. A private residence in which the operator permanently resides as a member of the household, licensed by the Michigan Department of Social Services, in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours per 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 unrelated minor children for more than four weeks during a calendar year.
(2) FAMILY DAY CARE HOME. A private residence in which the operator permanently resides as a member of the household, registered with the Michigan Department of Social Services, in which one but less than seven minor children are given care and supervision for periods of less than 24 hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. FAMILY DAY-CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
DISH ANTENNA or SATELLITE DISH ANTENNA. An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
DOCK or PIER. A structure, platform, or fixture extending from the shore or bottomlands into a lake.
DOCKED or DOCKING. The anchoring, tethering, or mooring of a watercraft directly to a pier, structure, platform, pole, anchor, pier, or dock adjacent to a separate frontage; and also means the placement of a watercraft in an off-shore boat cradle or shore station, or the regular or overnight beaching of a watercraft or anchoring or tethering to the bottomlands of a lake adjacent to a separate frontage.
DRIVEWAY. An improved or unimproved path or road extending from a public or private road or right-of-way to a building, dwelling, or structure intended to provide ingress and egress primarily for the occupants and visitors thereto.
DRIVE-THROUGH FACILITIES. A business establishment so developed that its retail or service character provides a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle, either exclusively or in addition to service within a building or structure, or to provide self-service for patrons and food carry-out.
DWELLING, MULTIPLE-FAMILY. A dwelling, or a portion of a building, designed exclusively for occupancy by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A detached dwelling designed exclusively for and occupied exclusively by one family.
DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
DWELLING UNIT. One room or suite of two or more rooms designed for use and occupancy by one family for living and sleeping purposes, with housekeeping facilities.
ERECTED. Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like.
ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water transmission, distribution, collection, communication, supply, or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment. The definition does not include buildings and storage yards necessary for the furnishing of adequate service by utilities or municipal departments for the general health, safety, or welfare, or commercial wireless telecommunication services.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FAMILY.
(1) An individual or group of two or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants, who are domiciled together as a single housekeeping unit in a dwelling unit; or
(2) A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, half-way house, lodge, coterie, organization, group of students, or other individual whose domestic relationship is of a transitory or seasonal nature; is for an anticipated limited duration of school term or during a period of rehabilitation or treatment; or is otherwise not intended to be of a permanent nature.
FARM.
(1) Land directly farmed or used for commercial agriculture by the owner-operator, manager, or tenant farmer by his or her own labor or with assistance of members of his or her household or hired employees. A FARM can or cannot include a farm dwelling and accessory buildings necessary for the storage or housing of farm implements, products, or animals, or used for the operation of the farm. FARMS may include greenhouses, nurseries, orchards, plants, and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other agricultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
(2) Beginning June 1, 2000, it is the express legislative intent that this Act (Right to Farm Act, being M.C.L.A. §§ 286.471 through 286.474) preempts any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this Act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this Act or generally accepted agricultural and management practices developed under this Act.
FARM MARKET. As described by Michigan Right to Farm Act, Public Act 93 of 1981, being M.C.L.A. §§ 286.471 through 286.474.
FENCE. A fixed structure or gate, constructed of standard fencing materials readily available on the retail market such as wood, vinyl, or metal that is erected as a dividing marker, barrier, or enclosure, encircling either wholly or any portion, of any area. No tarps, visquene, tires, or other junk is allowed.
FLOOR AREA, GROSS (GFA). The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls, but excluding porches, patios, terraces, breezeways, carports, verandas, garages, and basements.
FLOOR AREA, USABLE (UFA). That area used for, or intended to be used for, the sale of merchandise or services or for use to serve patrons, clients, or customers. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, or for utilities or sanitary facilities shall be excluded from the computation of USABLE FLOOR AREA. Measurement of USABLE 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.
FOOD TRUCK.A licensed, self-contained vehicle (motorized or towable) which is temporarily permitted to park in a designated area of an established use in Special Land Use Permitted Zoning District within Silver Creek Township.
FOOD TRUCK PARK. A permitted area specifically designed to accommodate the temporary parking and operation of food trucks. The park shall include public restrooms and may include an outdoor seating area.
GRADE. The gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25%.
GREENBELT. A strip of land of definite width and location reserved for the planting of shrubs, trees, or grasses to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
GROUND LEVEL. The elevation of the natural ground. On built sites, or sites that are proposed for development, GROUND LEVEL is the average grade of the proposed finished ground.
GUEST. A person who is staying with an individual in his or her home or a person whom an individual has invited to a social occasion, such as a party or a meal.
HEIGHT. The average distance between the top element in the fence and the adjacent grade over a straight section of fence with no corners.
HOME BASED BUSINESS. A business or profession carried on by a member of the immediate family residing on the premises. A HOME BUSINESS is one in which no commodity is sold on the premises, except that incidental to the home based business; not more than one person is employed there other than a member of the immediate family residing on the premises; and no mechanical equipment is used, except such as is permissible for purely domestic or household purposes within the dwelling, a garage or accessory building. Beds and breakfasts or similar uses shall not be deemed to be HOME BASED BUSINESSES.
HOME OCCUPATION. An occupation or profession carried on by a member of the immediate family residing on the premises. A HOME OCCUPATION is one in which no commodity is sold on the premises; no person is employed there other than a member of the immediate family residing on the premises; and no mechanical equipment is used, except such as is permissible for purely domestic or household purposes, when engaged in by only residents entirely within the dwelling and not in a garage or accessory building or with the use of any non-residing employee. Tea rooms, veterinarian’s offices, bed and breakfast establishments, animal hospitals, kennels, and other similar businesses or occupations shall not be deemed to be HOME OCCUPATIONS.
HOUSING FOR THE ELDERLY. A building or group of buildings containing dwellings where the occupancy of dwellings is restricted to persons 60 years of age or older, or couples where either the husband or wife is 60 years of age or older.
ICE CONTROL. An aerator, bubbler, circulation pump, or any other device, activity, or equipment used within a lake that affects the water’s surface so as to prevent the normal formation of surface ice.
INOPERATIVE VEHICLE. A motor vehicle which can no longer propel itself.
INTENSIVE LIVESTOCK OPERATIONS. Any feedlot, piggery, or other livestock raising, breeding, or feeding facility involving more than 300 but less than 1,000 animal units, including any buildings, structures, or enclosed areas used for such activities, and any associated waste storage structures or areas.
JUNK. Any worn out, previously used, dilapidated, discarded materials including, but not necessarily limited to, scrap metal, inoperative motor vehicles and parts, construction material, household wastes, including garbage and discarded appliances, and yard debris.
JUNK YARD. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled. These materials include, but are not limited to: scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping, or abandonment of junk, does include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL. Any lot or premise on which three or more dogs, cats, or other household pets, six months of age or older, are either permanently or temporarily boarded for commercial purposes. A KENNEL shall also include any lot or premises where household pets are bred or sold for commercial purposes.
LAKE. A navigable body of water, situated partially or wholly in the township borders.
LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a vehicle while loading and unloading merchandise or materials.
LOT. A parcel, vacant land, occupied land, or land intended to be occupied by a building and accessory buildings, or utilized for the principal and accessory use(s) together with yards and open spaces required under the provisions of this chapter, either platted or unplatted. A LOT may or may not be specifically designated as such on public records. A LOT may also mean a portion of a condominium project, as regulated by Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended, designed and intended for separate ownership and use.
(1) LOT, CORNER. Any lot having at least two contiguous sides abutting upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line, intersect at an interior angle or less than 135 degrees.
(2) LOT, INTERIOR. A lot other than a corner lot or through lot.
(3) LOT, THROUGH. Any interior lot having frontage on two parallel streets. In the case of a row of double frontage lots, all yards of lots adjacent to streets shall be considered frontage, and through yard setbacks shall be provided as required.
LOT AREA. The total horizontal area within the lot lines, excluding areas within streets or road right-of-way.
LOT COVERAGE. The part of the lot occupied by any building, including accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT LINES. The lines bounding a lot as defined herein.
(1) FRONT LOT LINE. On waterfront lots in the Waterfront District, the front lot line is the ordinary high water mark. In the case of an interior lot, the front lot line is the line separating the lot from the street. In the case of a through lot, the front lot line is that line separating the lot from either street.
(2) REAR LOT LINE. That lot line opposite the front lot line. In the case of a lot which is pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by township or county officials, which actually exists as shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
LOT WIDTH. The horizontal straight line distance between the side lot lines, measured between the two points where the required front yard setback line intersects the side lot lines.
MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
MANUFACTURED HOME. A transportable, factory-built home designed to be used as a year-round residential dwelling.
MANUFACTURED HOME PARK. A parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis, offered to the public for that purpose regardless of whether a charge is made, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured home and which is not intended for use as a temporary trailer park.
MARIHUANA. This term shall have the meaning given to it in the Michigan Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as is referred to in § 3(d) of the Michigan Medical Marihuana Act, Public Act 2008, being M.C.L.A. § 333.26423(d).
MARIHUANA COLLECTIVE OR COOPERATIVE. Any facility, structure, dwelling or other location where medical marihuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed that is formed by a group or individuals in a group acting together as a collective enterprise or by an organization owned collectively by members who share in the benefits owned as a cooperative or in any way structured like a collective or a cooperative.
MARINA. A private or commercial boat basin with facilities for berthing and securing any type of recreational watercraft. MARINAS may also provide supplies, provisions and service, or fueling facilities. Waterfront establishments that offer watercraft for hire or rental shall be defined as MARINAS.
MASTER PLAN. The Master Plan currently adopted by Silver Creek Township, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings, and all physical development of the township, and includes any unit or part of such plan and any amendment to such plan.
MEDICAL USE OF MARIHUANA. The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marihuana Act, Public Act 2008, being M.C.L.A. § 333.26423(d).
MOORAGE. The anchoring, tethering, or mooring of a watercraft directly to a pier, structure, platform, pole, anchor, pier, or dock adjacent to a separate frontage; and also means the placement of a watercraft in an off-shore boat cradle or shore station, or the regular or overnight beaching of a watercraft or anchoring or tethering to the bottomlands of a lake adjacent to a separate frontage.
MOORING. A space for a single watercraft at or adjacent to a dock, in an offshore boat cradle or shore station, anchoring, or beaching location.
MOTEL/HOTEL. A building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units which may or may not be independently accessible from the outside with garage or parking spaces located on the lot and designed for, or occupied by, travelers. The term shall include any building or building groups designated as motor lodges, transient cabins, or by any other title intended to identify them as providing lodging, with or without meals, for compensation on a transient basis.
NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and not conforming to the provisions of the district in which it is located.
NONCONFORMING LOT OF RECORD. A legally recorded lot that conformed with all zoning requirements at the time of recording of the lot, but which no longer conforms to the zoning regulations and requirements for lot area, lot width, or both.
NONCONFORMING USE. A use or activity which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and which does not conform to the use regulations of the district in which it is located.
NON-RESIDENTIAL DISTRICT. The C and IND Districts.
OFF-STREET PARKING LOT. A facility providing parking spaces, along with adequate drives, maneuvering areas, and aisles, for the parking of more than three vehicles.
OPEN AIR BUSINESS. Retail sales establishments operated substantially in the open air, including:
(1) Bicycle, utility truck or trailer, motor vehicle, boats, or home equipment sales, repair or rental services;
(2) Outdoor display area and sale of garages, motor homes, recreation vehicles, manufactured homes, snowmobiles, swimming pools, and similar activities, but not including farm implements or commercial construction equipment;
(3) Retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment, but not including lumberyards; and
(4) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement parks, or similar recreational uses (transient or permanent).
ORDINARY HIGH WATER MARK or SHORELINE. The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. Where the water levels vary for purposes of water level management, the ORDINARY HIGH WATER MARK shall be the higher of the levels generally present.
PARCEL. A tract of land which can be legally described with certainty and is capable of being located by survey.
PARKING SPACE. An area of definite length and width, said area shall be exclusive of drives, aisles, or entrances giving access thereto, and fully accessible for the parking of permitted vehicles.
PERMANENT PIER (DOCK). A structure so installed on the lake bottomland and shoreline of such material and design that it is intended to withstand all weather conditions year round and not to be removed, in any part or completely, on any temporary basis.
PERSON. A human being, partnership, corporation, association (including a condominium association), and any other entity to which the law provides or imposes rights or responsibilities.
PERSONAL SERVICE ESTABLISHMENT. A commercial business conducting services that are performed primarily on the premises.
PERSONAL WATERCRAFT. A vessel that meets all of the following requirements:
(1) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion;
(2) Is designed without an open load carrying area that would retain water; and
(3) Is designed to be operated by one or more persons positioned on, rather than within, the confines of the hull.
PLANNED UNIT DEVELOPMENT. A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The DEVELOPMENT may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.
PLANNING COMMISSION or COMMISSION. The Silver Creek Township Planning Commission.
PRIMARY CAREGIVER or CAREGIVER. A person as defined under M.C.L.A. § 333.26423(h) of the Michigan Medical Marihuana Act, and who has been issued and possesses a registry identification card under the Act.
PRIMARY ROAD. A county primary roadway, as designated in the Silver Creek Township Master Plan or by the Cass County Road Commission. For purposes of this chapter only, a state trunk line shall also be considered as a county primary.
PRINCIPAL USE. The primary use to which the premises is devoted.
PRIVATE ROAD.
(1) Any undedicated path, trail, or road which provides or is intended to provide the primary means of ingress and egress to two or more parcels or two or more main buildings, dwelling units, or structures, or combination thereof, whether created by a private right-of-way agreement, license joint ownership, easement, or prescription. Any and all extensions, additions, or branches of or to a private road shall be considered part of the primary private road which abuts the public road.
(2) A private road shall also include:
(a) An access serving one parcel if that parcel does not have the requisite amount of frontage on a public road as required by this chapter;
(b) Where two or more parcels or dwellings share or utilize a common access drive, even if each parcel has the required frontage on a public road; and
(c) A private road shall also include a path, trail, or road which is privately built or maintained and which is located on a public right-of-way or easement.
PROTECTIVE MEASURES FENCE. A fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
PUBLIC UTILITY. A person, firm, corporation, municipal department, board, or commission duly authorized to furnish to the public under federal, state, or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.
QUALIFYING PATIENT or PATIENT. A person as defined under the Michigan Medical Marihuana Act, being M.C.L.A. § 333.26423(i), and who has been issued and possesses a registry identification card under the Act.
RECREATIONAL VEHICLE OR EQUIPMENT.
(1) Vehicles or equipment used primarily for recreational purposes. For the purpose of this chapter, recreational vehicle shall mean:
(a) A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle, such as a motor home or camper;
(b) Boats and trailers designed to transport boats;
(c) Snowmobiles and trailers designed to transport snowmobiles;
(d) Off-road vehicles and trailers designed to transport off-road vehicles;
(e) Pop-up tent and camper trailers; and
(f) Other similar vehicles deemed by the Zoning Administrator to be a recreational vehicle.
(2) This term shall not include motorcycles or motorbikes or other similar means of transportation intended primarily for on-street use.
REQUIRED YARD. That set forth as the minimum yard requirement for each District.
RESIDENTIAL DISTRICT. The AR, WD, R-1, R-2, and MHP Districts, as described in this chapter.
RIGHT-OF-WAY. Public or private land, property, or interest therein, devoted to transportation or utility purposes and/or providing access to property.
ROAD. See STREET/ROAD.
ROAD COMMISSION. The Cass County Road Commission.
SALVAGE YARD. An open space where waste, surplus, discarded, or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including house wrecking and structural steel materials and equipment and automobile wrecking.
SEPARATE FRONTAGE. That portion of a lot or parcel of land lawfully existing on documentation recorded with the Cass County Register of Deeds which abuts or intersects with the ordinary high water mark of a lake, whether such lot or parcel is owned by one or more persons, is commonly owned by several persons or combinations of persons, or occupied by a multiple-unit residential development.
SETBACK. The distance required to obtain minimum front, side, or rear yard open space provisions of this chapter.
SEXUALLY ORIENTED BUSINESS. An adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial enterprise that regularly features the sale, rental, or exhibition, for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure or display of specified sexual activities or specified anatomical areas.
SHORE STATION. A device for the purpose of mooring, anchoring, or holding a watercraft in, on, or above the water.
SIGN. A lettered board or other notice advertising an individual, firm, profession, business, or other thing and visible to the general public.
SIGNIFICANT NATURAL FEATURE. A natural area as designated by the Planning Commission, Township Board, or the Michigan Department of Natural Resources which exhibits unique cultural, topographic, ecological, hydrological, cultural, or historical characteristics such as a wetland, floodplain, water features, or other unique natural features.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, or anus; or female breast immediately below the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
STORAGE TANK. A stationary device located above or below the ground’s surface designed to contain liquid, which is constructed of non-earthen materials, which provide structural support, with a capacity of 30 U.S. gallons or more.
STORY. That part of a building included between the surface of any floor above the average grade or ground at the foundation and the surface of the next floor, or if there is no floor above, then the ceiling next above.
STORY, HALF. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet. For the purpose of this chapter, the usable floor area is only that area having at least five feet clear height between floor and ceiling.
STREET/ROAD. Any publicly dedicated right-of-way which affords traffic circulation and principal means of access to abutting property, other than an alley. Also, a private access easement which affords the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something on or in the ground.
TOWNSHIP. Silver Creek Township, Cass County.
TOWNSHIP BOARD. The Township Board of Silver Creek Township.
TRUCK TERMINAL. A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi-trailers, including tractor and/or trailer units and other trucks, are parked or stored.
TRUE CASH VALUE. The value placed on a property by the Township Assessor on the last tax day, being December 31 of each year, as kept in the records of the township.
VEGETATIVE STRIP. A strip of land at least 25 feet bordering each bank of a waterway as measured from the ordinary high water mark, whichever is furthest inland. Where required, a VEGETATIVE STRIP shall be maintained in its natural vegetative state, except for the clearing of dead or noxious plants.
VEHICLE SALES. An establishment engaged in retail or wholesale sales from the premises of motorized vehicles, along with incidental maintenance servicing. Typical uses include new and used automobiles or truck sales, boat sales, or recreational vehicle sales.
VEHICLE SERVICE STATION. Building and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and other similar motor vehicle accessories.
WASTE DUMPSTER. A container used for the temporary storage of rubbish and/or materials to be recycled pending collection, having capacity of at least one cubic yard.
WATERCRAFT. Every kind of boat, vessel, tug, tender, however propelled, and any boat, pontoon boat, hydrofoil, hovercraft, jet ski, personal watercraft, jet boat, or similar vessel having a propulsion system of more than six horsepower, marine construction or maintenance equipment, barge, research vessel, weed harvester or dredge, or sailboat over 12 feet in length, but does not include canoes, kayaks, paddle boats, rowboats (without an engine) or other human-powered craft or sailboards.
WATERWAY. Any natural or artificial lake, pond or impoundment, river, stream, creek, or any other body of water which has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.
WATER FRONTAGE. A parcel of land’s measurement along the water’s edge at the ordinary high water mark. If more than one high water mark has been set by a state agency or court of jurisdiction for seasonal or other reasons, then the higher elevation shall be used for determinations in this chapter. The measurement shall be made only along a natural shoreline and shall not include any human-made channel, lagoon, canal, or the like.
YARDS. The open spaces on the same lot with a main building that are unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter, and as defined herein.
(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the building line of the main building. On waterfront lots in the Waterfront District, the front yard is upland from the ordinary high water mark.
(2) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the building line of the main building.
(3) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the building line of the main building.
ZONING ACT. The Michigan Zoning Enabling Act. (Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq.).
ZONING ADMINISTRATOR. The person designated by the Township Board to administer the provisions of this chapter.
ZONING BOARD OF APPEALS. The Zoning Board of Appeals of Silver Creek Township.
(Ord. 09-11, passed 11-11-2009; Ord. 11-03, passed 5-11-2011; Ord. passed 7-30-2015; amended 4- -2013; amended 8- -2015; Ord. 16-04, passed 11-9-2016; Ord. 17-04, passed 5-10-2017; Ord. 17-06, passed 9-13-2017; Ord. 18-02, passed 8-8-2018; Ord. 20-26, passed 12-9-2020)
STRUCTURE REGULATIONS
Unless otherwise indicated, the provisions of this chapter shall be applicable to all districts and uses.
(A) Required area or space. A lot or lots owned by the same person, or a yard, court, parking area, frontage, dimension, or other space shall not be divided, altered, or reduced so as to make it nonconforming with the minimum requirements of this chapter. If already less than the minimum requirements of this chapter, a lot or lots in common ownership or a yard, court, parking area, or other space shall not be further divided, altered, or reduced so as to increase its noncompliance with such minimum requirements. Lots with land submerged for more than six months in any 12-month period shall not be permitted to include such lands in the calculation of required lot size.
(B) Dwellings on more than one lot. If a structure is to be located on two or more lots under single ownership, or if adjacent lots are required to maintain minimum lot area or yard requirements, the entire parcel shall be considered a lot for purposes of this chapter and the lots shall be legally and automatically combined into one individual lot.
(C) Division of lots. The division of a parcel of land into two or more lots or parcels shall require the approval of the Township Board. The Township Board shall not approve such division of land unless it shall determine that the proposed division complies with the requirements of this chapter, the Michigan Land Division Act (Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended), and all other applicable township ordinances.
(D) Height exceptions. The following buildings and structures shall be exempt from height regulations in all districts: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, stacks, elevated water towers, stage towers, monuments, cupolas, domes, spires, wind-powered electric generators, essential public service towers and poles, and television and radio reception and transmission antennas and towers which do not exceed 100 feet in height.
(Ord. 09-11, passed 11-11-2009; Ord. passed 7-30-2015)
(A) All lots, yards, parking areas, or other spaces created after the effective date of this chapter shall comply with the minimum requirements of the district in which they are located.
(B) All lots or parcels shall have frontage upon a public street or a private street meeting the requirements of this chapter, equal to the minimum lot width required by the district in which it is located, except as noted in § 155.024 for lots on a cul-de-sac.
(C) Lot areas shall not include land located within the street right-of-way for the purposes of computing minimum lot size or densities. Lots with land submerged for more than six months in any 12-month period shall not be permitted to include such lands in the calculation of required lot size or density.
(D) All lots within the WD District shall have separate frontage on the body of water, measured along the shoreline at the ordinary high water mark, equal to or greater than the minimum lot width required by the underlying district in which it is located. In no event shall a canal or channel shall be excavated for the purpose of creating or increasing the separate frontage required by this chapter. All front yard requirements for accessory buildings, parking, fences, dish antennas, and other applicable provisions shall be met.
(E) (1) Lots created after the effective date of this chapter having a lot area of less than ten acres shall have a lot width which is equal to, or greater than, one-fourth the depth of the lot.
(2) The lot width to depth ratio does not apply to remainders of parent parcels existing after permitted divisions; however, the remainder of the parent parcel shall contain the minimum lot area and lot width required.
(Ord. passed 7-30-2015)
(A) In all districts, no more than one principal use or main building shall be placed on a lot, except for groups of related industrial or commercial buildings or multiple-family dwellings contained within a single, integrated complex, sharing parking and access, or as part of a planned unit development, approved according to the standards of § 155.156.
(B) If any part of any building is lawfully used for residential purposes and the remainder thereof is lawfully used for business, commercial, or other non-residential use, the building shall comply with all applicable requirements of the underlying district if in a residential district, or with the requirements of the R-2 District if in a non-residential district.
(Ord. passed 7-30-2015)
The minimum lot width for a lot on a cul-de-sac shall be measured at the minimum building line and shall not be diminished throughout the rest of the lot. These lots shall have a front lot line width of at least 40 feet and in no case shall the lot width within the required front yard be less than 40 feet.
(Ord. passed 7-30-2015)
(A) Certain architectural features, such as cornices, bay windows (or windows without foundations), gutters, chimneys, pilasters, and similar features, may not project into required front, rear, or side yard.
(B) An open, unenclosed, and uncovered porch, deck, balcony, or window awning shall not project into a required front yard or required side yard. In no case shall a porch, deck, balcony, or awning be placed closer than 30 feet to any front line or closer than eight feet to a rear line.
(C) Canopy roofs.
(1) Canopy roofs, such as those for gas pump islands accessory to automobile service stations and other uses, drive-in restaurants, banks, and other similar uses shall be permitted to encroach into any required yard, provided that a minimum setback of 12 feet is maintained from any property line.
(2) The height of the canopy roof shall not exceed 16 feet and be open on all sides.
(3) The colors and design of the canopy shall be compatible with the main building.
(4) Lighting and signs on or within the canopy shall comply with the requirements of this chapter. Lights, including lenses and other portions of the lighting fixture, used for canopies shall be completely recessed in the canopy structure and shall not extend below the underside surface of the canopy, except that such fixtures may be surface mounted, provided that the fixtures are designed and constructed to achieve the same effect as the flush mounted fixture.
(Ord. 09-11, passed 11-11-2009; Ord. passed 7-30-2015)
(A) On any street corner or driveway intersection with a public or private street, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 36 inches and eight feet above the established abutting road grade.
(B) For public and private street intersections, the clear vision area shall be that area within a triangle formed by the two street right-of-way lines and a line connecting them to points 20 feet from the intersection of the right-of-way lines.
(Ord. passed 7-30-2015, amended 1- -2006)
(A) Every use shall be conducted and operated such that it is not obnoxious, does not create a public nuisance, and is not dangerous by reason of heat, glare, dust, noise, vibration, or odors beyond the lot on which the use is located.
(B) All complaints against agricultural activities will be handled according to the Right to Farm Act (Public Act 93 of 1981, being M.C.L.A. §§ 286.471 through 286.474).
(Ord. 09-11, passed 11-11-2009; Ord. passed 7-30-2015)
(A) Temporary offices or storage yards.
(1) Upon application, the Zoning Administrator may issue a permit for a temporary office building or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site where located. Each permit shall be valid for a period of not more than six calendar months and may be renewed by the Zoning Administrator for additional successive periods of six calendar months or less at the same location, and only if such building or yard is still incidental and necessary to construction at the site where it is located.
(2) Upon application, the Zoning Administrator may issue a permit for a temporary sales office or model home which is both incidental and necessary for the sale or rental of real property in a new subdivision or housing project. Each permit shall specify the location of the office and shall be valid for a period of not more than six calendar months. The permit may be renewed by the Zoning Administrator for up to four additional successive periods of six calendar months or less at the same location, if the Zoning Administrator determines that such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing project.
(B) Temporary dwellings.
(1) The Zoning Administrator may issue a permit to an individual to park and/or occupy a temporary dwelling in any district, provided that the following conditions are met.
(a) The temporary dwelling will be used only as a temporary use on the same lot while the property owner is constructing a permanent residence.
(b) A building permit has been issued for the construction of a permanent residence to the property owner applying for the temporary dwelling permit.
(c) The temporary dwelling is connected to an approved well and septic system or public sanitary sewer.
(d) The temporary dwelling is sufficiently secured to the ground to prevent overturning through the actions of high winds or other natural conditions.
(2) The Zoning Administrator shall determine the required size of the temporary dwelling and placement on the lot. This determination shall be consistent with the standards of division (C) below.
(3) Upon applying for a temporary dwelling approval, the applicant shall pay a fee as determined by the Township Board. The permit fee shall be remitted to the Township Treasurer. All original temporary dwelling permits shall be limited to a period of six months. If the permanent residence is not approximately 50% complete, as determined by the Zoning Administrator, within the six month period, a six month extension or less may be permitted by the Zoning Administrator only for the purpose of completing the residence. No more extensions shall be permitted, except by action of the Zoning Administrator after consideration of the standards of division (C) below.
(4) Upon the filing of an application for continuation of any temporary dwelling permit, the applicant shall pay a fee, as determined by the Township Board, which shall be remitted to the Township Treasurer. The fee shall be for the consideration of such application, and no refund shall be made in the event of denial.
(C) In considering authorization for any temporary uses or structures, the Zoning Administrator shall consider the following standards:
(1) The use or structure does not have an unreasonable detrimental effect upon adjacent properties;
(2) The use or structure is reasonably necessary for the convenience and safety of the construction proposed;
(3) The use or structure does not impact the nature of the surrounding neighborhood; and
(4) Access to the use area or structure does not create any nuisance or detriment to the surrounding uses.
(D) The Zoning Administrator may attach reasonable conditions to temporary uses or structures to ensure that the standards of this section are met.
(E) All temporary dwellings, buildings, and uses shall be removed from the premises following the expiration of the permit and any extensions, or upon completion of the permanent building or structure.
(Ord. passed 7-30-2015)
(A) In any district, accessory uses, incidental only to a permitted use or special land use, are permitted when located on the same property; provided that accessory uses shall not involve the conduct of any business, trade, or industry. This provision shall not exclude home occupations as regulated by § 155.034, nor shall it exclude the operation of a garage or yard sale in any residential district, provided that the sale is not operated for more than a total of three days within any 60-day period.
(B) Gardening and the keeping of domestic or farm animals, as regulated by § 155.054, shall be considered customary to and commonly associated with the operation of any permitted or special land use; provided any structure housing farm animals shall be located not less than 50 feet from every lot line.
(1) A small SES is a permitted accessory use in all districts.
(2) A medium SES is a permitted accessory use in C-Commercial and IND-Industrial Districts.
(Ord. passed 7-30-2015; Ord. 19-01, passed 9-11-2019)
(A) Accessory buildings or structures, generally.
(1) When erected as an integral part of the main building, the accessory building shall comply in all respects with the requirements of this chapter applicable to the main building. Accessory buildings or garages shall be considered as attached to the main building when the distance between structures is enclosed by a breezeway, portico, covered colonnade, or similar architectural device.
(2) No accessory building or structure shall be erected in the required front yard.
(3) No less than ten feet shall be maintained between detached accessory buildings or garages and a main building.
(4) Overnight occupancy is permissible if all safety and building codes are inspected and approved for use.
(5) Accessory building may have a sink and toilet and must be hooked up to an approved sanitary system. No kitchen or cooking appliances are allowed. A shower and or tub is permitted in Ag/Res District only.
(6) An accessory building in a residential district shall not be constructed without a permit being issued for the primary residence. If the primary residence is not constructed according to the permit, the accessory building shall be considered a nuisance per se and removed, except if it is in AR District and used for farming.
(B) Residential accessory buildings. Accessory buildings shall be permitted within residential districts or with any residential use provided that the following restrictions are met.
(1) No more than two detached accessory buildings shall be permitted on any residential lot, except for those used in farming operations, which shall not be counted toward this total.
(2) The proposed accessory building shall generally be compatible with the architectural style and building form of the principal building, except for accessory buildings that perform specific functions based on their form.
(3) The total area of all accessory buildings including garages (attached or detached) on lots less than one acre shall not exceed 1,500 square feet, on lots of one to two acres shall not exceed 1,800 square feet, on lots over two acres to three acres shall not exceed 2,400 square feet, on lots over three acres to five acres shall not exceed 3,000 square feet, and on lots over five acres shall not exceed 4,000 square feet except for those used in farming operations, which shall not be counted toward the total square footage.
(4) An accessory building located in the rear yard shall not occupy more than 25% of the required rear yard area.
(5) Accessory buildings in excess of 200 square feet must be designed, constructed, and finished such that the exterior appearance is compatible with that of the main building, except for those used in farming operations.
(6) No detached accessory building shall be constructed closer than ten feet to any side or rear lot line, or within the district’s minimum required side yard, whichever is less.
(7) An accessory building may be built to match the existing roof pitch of the primary residence.
(8) The sidewall height of any accessory building shall be as follows.
Acres | Square Feet Ground Floor Area | Max Wall Height |
Less than 1 acre | 0 (min) - 1,500 square feet | 10 feet |
Over 1 to 2 acres | 0 (min) - 1,800 square feet | 10 feet |
Over 2 to 3 acres | 0 (min) - 2,400 square feet | 14 feet |
Over 3 to 5 acres | 0 (min) - 3,000 square feet | 16 feet |
Over 5 acres | 0 (min) - 4,000 square feet | 16 feet |
(C) Other district accessory buildings. Accessory buildings shall be permitted within a non-residential district, provided that the following restrictions are met.
(1) No more than two detached accessory buildings shall be permitted on any lot.
(2) The total area of all accessory buildings shall not exceed 25% of the floor area of the main building(s).
(3) Detached accessory buildings shall meet all setback requirements for the district in which it is located.
(4) No accessory building shall exceed the permitted height for main buildings in the district in which it is located.
(Ord. 09-11, passed 11-11-2009; Ord. passed 7-30-2015; amended 9- -2011)
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