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(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)
(A) General.
(1) Fences erected within the required front yard in any district shall not exceed four feet high of unobstructed chain link fence or shall not exceed three feet in height of a type which is not more than 66% solid, so as not to obscure vision at the right-of-way or property line of the lot or parcel on which it is placed.
(2) Fences shall not be erected or maintained in any district in such a way as to obstruct the vision of vehicle drivers within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines 20 feet from the point of intersection. Fences constructed within this area shall not exceed 36 inches in height.
(3) Any fence shall be maintained in good, safe, and sturdy condition.
(B) Residential districts or uses.
(1) Fences in the residential districts or residential uses in other districts shall not exceed six feet in height, measured from the surface to the uppermost portion of the fence.
(2) Fences in the residential districts or fences enclosing residential uses in other districts shall not contain barbed wire or be electrified.
(C) Non-residential districts or uses.
(1) Fences in the non-residential districts which enclose storage lots or other areas requiring security may contain barbed wire, provided that the barbed portion of the fence not be nearer than six feet from the surface of the ground. The total height of fences in the non-residential districts shall not exceed eight feet.
(D) Waterfront District.
(1) Fences in the Waterfront District erected between the main building and the shoreline shall not exceed four feet high of unobstructed chain link fence or shall not exceed three feet in height of a type which is not more than 66% solid, so as not to obscure vision at the property line of the lot or parcel on which it is placed.
(2) Fences in the Waterfront District shall not be placed lakeward of the ordinary high water mark.
(3) Fences in the Waterfront District shall not exceed six feet in height, measured from the surface to the uppermost portion of the fence.
(4) Fences in the Waterfront District shall not contain barbed wire or be electrified.
(5) Fences in the Waterfront District shall not be placed lakeward of the ordinary high water mark.
(Ord. 09-11, passed 11-11-2009; Ord. passed 7-30-2015; amended 1- -2006; Ord. 20-26, passed 12-9-2020)
(A) Pools used for swimming or bathing shall be in conformity with the requirements of this section; provided, however, these regulations shall not be applicable to any such pool less than 24 inches deep or having a surface area less than 250 square feet, except where such pools are permanently equipped with a water recirculation system or involve permanent structural materials.
(B) A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged, or altered until a permit has been obtained from the Zoning Administrator.
(C) The outside edge of the pool wall shall not be located closer than ten feet from any rear or side property line.
(D) Each pool shall be enclosed by a fence or wall with a height of at least four feet, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four feet above the underlying ground; all gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children.
(E) All swimming pool installations shall comply with the State Construction Code and all standard codes referred to therein.
(Ord. passed 7-30-2015)
Except as otherwise noted in the district, home based businesses shall be permitted in all residential districts, with the exception of the WD and R-1 Districts, upon a finding by the Zoning Administrator that all of the following conditions are and will continue to be met.
(A) No person, other than the resident occupants and one employee who need not be a resident, shall be engaged on the premises as part of the operation of the home based business.
(B) The use of the dwelling unit for the home based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants. The home based business shall be operated in its entirety on the same premises as the principal dwelling. Accessory buildings meeting the requirements of the district in which it is located may be used in conjunction with the operation of the home based business. The area of the main building dedicated to the operation of the home based business shall not exceed a floor area equal to 20% of the total floor area of the dwelling unit.
(C) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home based business other than that permitted by this section. One sign shall be permitted, not exceeding four square feet in area, non-illuminated, and having a minimum setback of one-half of the setback required for the main building and be not greater than four feet high.
(D) Any traffic generated by such home based business shall not be so great or occur at such a time so as to cause serious adverse effects within or upon the surrounding neighborhood.
(E) No equipment or process shall be used on the premises of such home based business which, in the opinion of the Planning Commission, creates excessive noise, vibration, glare, fumes, odors, or electrical interference.
(F) Parking or storage of vehicles or other equipment related to the home based business shall not be permitted in any required yard setback. In addition, such parking or storage shall be set back a minimum of 40 feet from any side yard. The permitted parking or storage area shall be screened from adjoining premises and adjacent streets by landscaping or screening meeting the requirements of this section. Any outside parking or storage shall occupy no more than 10% of the total lot area, to a maximum of 2,500 square feet.
(G) Only those goods or products which are clearly incidental to the home based business shall be sold on the premises.
(H) Home based businesses existing at the time of the adoption of this section shall be permitted to continue, but shall be subject to the requirements. Home based businesses existing at the time of the adoption of this section may not be extended to occupy more land without receiving the approval in compliance with this section.
(Ord. passed 7-30-2015)
All home occupations shall be subject to the following restrictions and regulations.
(A) The home occupation shall be conducted entirely within the main building or accessory building and only by a person or persons residing in the structure.
(B) No equipment or process shall be used on the premises of such home occupation which, in the opinion of the Planning Commission, creates excessive noise, vibration, glare, fumes, odors, or electrical interference.
(C) There shall be no alteration in the residential character of the premises in connection with such home occupation and no more than 20% of the living area of the dwelling shall be devoted to the home occupation.
(D) No merchandise or articles for sale shall be displayed outside of a building. A sign is allowed not exceeding four square feet and not illuminated.
(E) Articles or materials used in connection with such home occupation shall be stored within an enclosed building.
(F) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided off the street and not within the required front yard.
(G) Only related persons living at the residence can work at the occupation.
(H) No work shall occur in accessory buildings.
(I) No commodity shall be sold.
(J) The home occupation shall and show no external evidence of change in the building or premises.
(Ord. passed 7-30-2015)
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