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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)
(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)
(A) A dish antenna may be mounted on the roof of a main or accessory building, provided it shall not exceed a height of five feet above the roof line of the building, including the mounting structure.
(B) Dish antennas are permitted in all districts upon approval of the Building Inspector, provided the setback requirements of § 155.030 for detached accessory buildings are maintained and the following conditions satisfied.
(1) The antenna shall be permanently anchored to a foundation.
(2) No portion of the antenna shall conduct or display any advertising, message, or other graphic representative other than the manufacturer’s name.
(3) No dish antenna shall exceed a height of 14 feet, including its mounting structure.
(4) No dish antenna shall be located in the required front yard or within 30 feet of a shoreline.
(C) The Zoning Administrator may approve antennas not meeting the above requirements of this section, provided that the applicant establishes to his or her satisfaction that the receiving functions of the antenna would be restricted or blocked if constructed or placed in compliance with the requirements of this section.
(D) If the antenna is to be located in the side yard, or in the rear yard on the street side of a lot, the Zoning Administrator may require that a landscape screen be installed around the antenna to obstruct the view of the antenna from adjoining properties or from the street.
(E) These regulations shall not apply to dish antennas that are one meter (39.37 inches) or less in diameter in residential districts or two meters (78.74 inches) or less in diameter in non-residential districts.
(F) These regulations are formulated to ensure that adequate protection measures are provided in this section for ensuring that sight distance is not impaired, that such dish antennas are located and constructed in a manner which will not afford the potential for injury, and to ensure that the intent and purposes of this chapter are met.
(Ord. passed 7-30-2015)
(A) The erection, construction, alteration, or maintenance by public utilities or governmental units, boards, or commissions of overhead or underground gas, electrical, steam, or water distribution, transmission, collection, communication, or supply systems; including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, utility pump and metering stations, and other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety, or general welfare is permitted in any district.
(B) Notwithstanding the exceptions contained above:
(1) Electrical substations, gas/oil well equipment, and/or gas regulator stations shall be enclosed with a fence or wall six feet high and adequate to obstruct passage of persons or materials, except through securable gates;
(2) Public utility buildings in any residential district shall not include maintenance shops, repair garages, or storage yards as a principal or accessory use; and
(3) Public utility facilities in any district shall be constructed and maintained in a neat and orderly manner. Buildings shall be landscaped and conform with the general character of the architecture of the surrounding neighborhood.
(Ord. passed 7-30-2015)
(A) No permit shall be issued for the construction of a building or structure with drinking water and/or sanitary facilities and located on a lot which is not served by both public water and sewer facilities if its water supply and/or sewage disposal facilities, as the case may be, does not comply with the applicable rules and regulations governing waste and sewage disposal of the county. Residential outdoor restrooms/outhouses are not permitted.
(B) Any unfinished basement or finished basement without a direct outside access shall not be considered as living area for the calculation of required living area of a dwelling. Any dwelling without a full floor above grade shall be considered a basement dwelling.
(C) No building, structure, or recreational equipment intended for human use or habitation shall be constructed or occupied unless it meets the minimum requirements of this chapter, the Cass County Health Department, and the adopted Building Code of the township, except as otherwise permitted in this chapter.
(Ord. passed 7-30-2015)
No building shall be razed until a building permit has been obtained from the Building Inspector, who shall be authorized to require a performance bond in any amount not to exceed $1,000 for each 1,000 square feet, or fraction thereof, of floor area of the building to be razed. The bond shall be conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Building Inspector may from time to time prescribe, including filling of excavations, proper termination of utility connections, and other applicable building codes.
(Ord. passed 7-30-2015)
No existing building or structure of any type or kind shall be moved into the township or moved from one lot in the township to another lot in the township unless a zoning compliance permit is issued by the Zoning Administrator. All such buildings shall meet the requirements of this chapter and the Construction Code as adopted by the township, and obtain such permits as may otherwise be required.
(Ord. passed 7-30-2015)
NONCONFORMING BUILDINGS OR STRUCTURES, USES, AND LOTS
(A) Continuance of nonconforming structures, buildings, or uses.
(1) Except where specifically provided to the contrary and subject to the provisions of this chapter, the lawful use of any building or structure or of any land or premises which is existing and lawful on the effective date of this chapter, or in the case of an amendment of this chapter, then on the effective date of such amendment, may be continued although such use does not conform with the provisions of this chapter or any amendment thereto.
(2) In addition, except where specifically provided to the contrary and subject to the provisions of this section, a building or structure which is existing and lawful on the effective date of this chapter or, in the case of an amendment of this chapter, then on the effective date of such amendment, may be maintained and continued although such building or structure does not conform with the provisions of this chapter or any amendment thereto.
(3) Any use of a building or structure which is nonconforming by reason of parking and loading provisions and which is thereafter made conforming or less nonconforming by the addition of parking and/or loading space shall not thereafter be permitted to use such additionally acquired parking and/or loading space to meet requirements for any extension, enlargement, or change of use which requires greater areas for parking and/or loading space.
(B) Building or structure under construction on effective date of chapter. Any building or structure shall be considered as an existing and lawful nonconforming use, and for purposes of this section, to have been in use for the purpose for which constructed if, on the effective date of this chapter, a building permit has been obtained therefore, if a building permit was required, and substantial construction has occurred, which may include such operations as the pouring of foundations and other work as the Zoning Administrator may deem to be substantial, and is thereafter pursued diligently to conclusion.
(Ord. passed 7-30-2015)
(A) Enlargements or extensions.
(1) No nonconforming use of any land or structure shall hereafter be enlarged or extended beyond the area occupied when the use became nonconforming.
(2) Where the nonconforming setback of a building or structure is equal to or less than one-half of the distance required by this chapter, the nonconforming setback of the building may be extended along the same horizontal plane as the existing nonconforming setback, provided that in so doing the setback distance does not become more nonconforming. This provision shall not be construed to apply to proposed extensions of buildings that are nonconforming by reason of height.
(3) Extensions of nonconforming buildings and structures shall be limited to no greater than 50% of the original nonconforming portion of the building or structure being extended.
(B) Reconstruction or movement.
(1) A nonconforming building may be rebuilt on its same nonconforming footprint, provided it complies with as many requirements as possible of the zoning district in which it is located.
(2) Should a nonconforming building or structure be moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this chapter.
(3) Should the owner of a nonconforming building or structure take any action that causes such building or structure to be removed, either partially or fully, any reconstruction of such building or structure shall be in compliance with the requirements of the zoning district in which it is located.
(C) Expansion of nonconforming buildings or structures. Buildings or structures nonconforming by reason of height, setback, and/or parking and loading space provisions only may be extended, enlarged, altered, remodeled, or modernized when the Zoning Administrator finds that the following conditions are met.
(1) The building or structure shall comply with all height, setback, and/or parking and loading provisions with respect to such extension, enlargement, alteration, remodeling, or modernization.
(2) Such alteration, remodeling, or modernization will not substantially extend the life of any nonconforming building or structure.
(D) Restoration and repair.
(1) Subject to the provisions of this section, nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure which is unsafe.
(2) None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would strengthen or correct any unsafe condition of the building or structure.
(3) All repairs and maintenance work required to keep a nonconforming building or structure in sound condition may be made, but it shall not be structurally altered to permit the use of such building or structure beyond its natural life, except for repairs necessary to maintain public safety.
(E) Where a lawful building or structure exists at the effective date of this chapter, or an amendment thereto, that does not comply with the requirements of this chapter because of restrictions, such as lot area, coverage, width, height, or yards, such building or structure may be continued so long as it remains otherwise lawful.
(Ord. passed 7-30-2015)
(A) Enlargements or extensions. No nonconforming use of any land or structure shall hereafter be enlarged or extended beyond the area occupied when the use became nonconforming, except after the approval of the Zoning Board of Appeals, approval of which shall be granted only upon considering of all of the following facts:
(1) The enlargement or extension will not substantially extend the probable duration of such nonconforming use and that all enlargements since the use became nonconforming are upon and limited to the same parcel on which the nonconforming use was located at the time of the adoption of the existing Township Zoning Ordinance;
(2) The enlargement or extension will not become a precedent for other variations in the vicinity;
(3) The enlargement or extension does not, in total, exceed 50% of the area of the originally nonconforming area;
(4) The enlargement or extension will not interfere with the use of any other properties in the vicinity for the uses for which they have been zoned, nor with their compliance with all of the provisions of this chapter; and
(5) The enlargement or extension will not interfere with the use of other properties in the vicinity for the uses for which they have been zoned, nor with their compliance with all of the provisions of this chapter.
(B) Change or abandonment.
(1) The nonconforming use of a building or structure or of any land or premises shall not be:
(a) Changed to any other nonconforming use;
(b) Re-established after it has been changed to a conforming use; or
(c) Re-established if abandoned for any reason for a period of more than 12 months. In such cases, any subsequent use shall conform to the requirements of this chapter.
(2) A nonconforming use may be determined to be abandoned if one or more of the following conditions exists, and which may be deemed by the Zoning Administrator to constitute an intent on the part of the property owner to abandon the nonconforming use, if after 12 months:
(a) Utilities, such as water, gas, and electricity to the property, have been disconnected;
(b) The property, buildings, and grounds have fallen into disrepair;
(c) Signs or other external indications of the existence of the nonconforming use have been removed;
(d) Removal of equipment or fixtures which are necessary for the operation of the nonconforming use; or
(e) Other actions which, in the opinion of the Zoning Administrator, constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.
(3) The Zoning Administrator’s decision shall be subject to appeal to the Zoning Board of Appeals and it shall determine if the use was abandoned.
(Ord. passed 7-30-2015; amended 3- -2010)
(A) A lot which is platted, or otherwise lawfully of record as of the effective date of this chapter, may be used as specified in the district, provided the lot can meet the requirements of the County Health Department.
(B) The main building shall be located on the lot to assure maximum compliance with all yard and setback requirements for the district in which the lot is located.
(C) Accessory buildings and structures shall meet the setback requirements for the district in which it is located.
(Ord. passed 7-30-2015; Res. 19-22, passed 11-13-2019)
(A) No more than three adult dogs or cats in combination shall be kept or housed per each dwelling unit in any residential district.
(B) Any other provision of this chapter notwithstanding, the keeping, housing, raising, or use of fowl or animals, other than customary house pets of an occupant of the premises, is prohibited in the residential districts.
(C) Where such activities are pursued or conducted in any other district as it may be allowed, the following is permitted:
(1) On lots of one-half acre, but less than one acre: raising and keeping fowl and/or rabbits and/or other small animals for pets, not to exceed three per family;
(2) On lots of one acre, but less than two acres: raising and keeping fowl and/or rabbits and/or other small animals commonly raised for human consumption in numbers no greater than is required to satisfy the personal needs of the human occupiers of the premises;
(3) On lots of two acres, but less than five acres: the uses permitted by division (C)(2) above, plus one horse or one cow or one pig per acre, provided that any pig pen or building or structure housing farm animals shall be a minimum of 50 feet from any property line; and
(4) On lots of five acres or more: the uses permitted by divisions (C)(2) and (C)(3) above, plus one additional head of horse, cow, pig, or other large domestic animal for each additional one-half acre above the first five acres; provided that any pig pen or building or structure housing farm animals shall be a minimum of 50 feet from any property line.
(Ord. passed 7-30-2015) Penalty, see § 155.999
(A) Generally. The township has hereby determined that as large tracts of land are divided, sold, transferred, and developed; private access roads are being created to provide access to the newly divided properties which are not subject to regulation under the Michigan Subdivision Control Act of 1967 and other state regulations. The township determines it is in the best interest of the public health, safety, and welfare to regulate the construction, improvement. Extension, relocation, and use of private roads to assure:
(1) That private roads are designed with width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.
(2) That private roads are constructed of suitable materials to ensure minimal maintenance and safe passage.
(3) That private roads will be constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the Township.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE ROAD. A road under private ownership which has been constructed upon a private road easement for the purpose of providing access to five or more parcels of land.
PRIVATE ROAD EASEMENT. A private road that provides access solely to four parcels of land and does not require the private road to be constructed.
(C) Private road easement; minimum width. A private road easement which only provides access to a maximum of four single-family lots or dwelling units may have a minimum width of 40 feet. The center of the traveled portion of the road shall be located in the center of the easement.
(D) General requirements to private road easement/private road.
(1) A private road shall not be constructed, except in accordance with the standards and requirements of this section and must meet Cass County Road Commission specifications.
(2) If an existing private road is proposed to be extended then the existing portion shall be improved, along with the new portion, to meet the standards and requirements of this section and must meet Cass County Road Commission specifications.
(3) Private roads are permitted in all zoning districts.
(4) Private road easements/private road shall not interconnect with the public street network in a manner that will preclude the extension of public streets if necessary to further the logical, orderly and efficient development of the overall public street network.
(5) Private roads that may be exempt from this section are those private roads that would be subject to site plan review per this section, such as but not limited to: planned unit development, manufactured housing park, shopping centers.
(E) Minimum standards for private road.
(1) (a) A private road shall be located within a private road easement. Such easement shall not be less than 66 feet in width.
(b) The center of the traveled portion of the road shall be located in the center of the private road easement.
(2) At the dead end of such easement, the easement shall widen such that there is space adequate to provide for a turnaround to accommodate emergency and maintenance equipment.
(3) A parcel shall have frontage on the private road easement which is at least equal to the minimum parcel width required for the zoning district in which the parcel is located.
(4) A private road easement/private road shall intersect and connect to a public road. A private road easement/private road shall not be approved which accesses a public road by another private road easement/private road.
(5) A private road shall be constructed or extended when a private road easement serves five or more parcels.
(6) A private road shall be given a street name that is not the same or similar to any other street name in the county, to be verified by Cass County Road Commission. A street sign meeting Cass County Road Commission standards shall be erected and maintained by the applicant where such private road intersects any public road.
(7) A dwelling unit on a private road shall display a house number, minimum of three inches in height, in a manner so that the number is at all times readily visible from the private road.
(8) In determining the location of a private road easement, consideration shall be given to safety of traffic entering and exiting the private road easement in relationship to the public road.
(F) Road maintenance agreement. The owner(s) and any other parties with legal interest in the proposed private road shall provide to the township, a road maintenance agreement, access easement agreement, list of parcel numbers, and deed restrictions, all must be recorded with Cass County, which shall provide for the perpetual private maintenance of such roads and/or easements to a necessary and reasonable standard to serve the parties having an interest in the private road. These documents shall, at a minimum, contain the following provisions:
(1) A method of initiating and financing of such road in order to keep the road is a reasonably good and usable condition that will not constitute a danger to the health, safety, and welfare of the inhabitants of the township and are readily accessible to and usable by emergency vehicles in all types of weather.
(2) A workable method of apportioning the costs of maintenance and improvements, including the potential of future paving.
(3) A notice that no public funds of the township are to be used to build, or maintain the private road. All costs shall be the responsibility of the property owners.
(4) Easements to the public for purposed use of utilities, emergency and other public vehicles for whatever public services are necessary.
(5) A provision that the owners of any and all of the property using the road shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen, and others bound to tor returning from any of the parcels having a right to use the road.
(6) That any structures or parcels thereafter created or constructed on the private road shall also be subject to the road maintenance and that said agreement shall run with the land.
(G) Procedure for private road. An application to establish or extend a private road shall be filed with the township along with a fee as set by the Township Board. The application shall contain or be accompanied by the following information:
(1) The name(s) of the owners and any other parties having any legal interest in the private road and the parcels across which it is to be constructed.
(2) Parcel numbers of the parcels over which the private road is to be constructed.
(3) A scaled drawing showing the location, grade, elevation, route, dimensions, specifications and design of the private road and any proposed extensions of the road, existing or proposed curb cuts and the location and distance to any public street which the private road is to intersect.
(4) A scaled drawing illustrating the proposed lot division.
(5) An approved driveway permit from the Cass County Road Commission.
(6) A statement from the Cass County Road Commission indicating there is no known duplication of the proposed private road name.
(7) The permit application, drawings and other required information shall be reviewed by the Zoning Administrator for completion and then go before the Planning Commission for a decision.
(H) Final compliance requirements.
(1) Upon completion of the private road, the following shall be on file with the township:
(a) A letter from the Cass County Road Commission that the road has been constructed in compliance with Cass County Road Commission specification;
(b) Documentation that the road maintenance agreement, access easement and deed restrictions have been recorded with the Cass County Register of Deeds office;
(c) A driveway permit for the private road from the Cass County Road Commission or the State of Michigan Highway Department, whichever applies;
(d) A verification letter from the Cass County Road Commission that the new street name is not the same or similar to any other street name in the county; and
(e) Planning Commission minutes and/or signatures verifying approval.
(2) Upon verification of all items required for final compliance, the Township Supervisor shall issue a letter of final approval.
(I) Permits for dwellings on private road. A building permit shall not be issued for any principal dwelling which derives its primary access from a private road unless a letter of final approval of the private road has been issued.
(J) Township liability. The owner(s) of the private road agree by applying for and securing approval to construct the private road that they shall indemnify and save and hold the township harmless from all claims for personal injury and/or property damage arising out of the failure to properly construct, maintain, repair and replace the private road. Such wording shall appear on the application for approval and be signed by the applicant.
(Ord. passed 7-30-2015; amended 11- -2007; Ord. 16-02, passed 11-9-2016)
(A) The carrying out of repair, restoration, and maintenance procedures or projects on vehicles in any residential district, when such work is not conducted entirely within the interior of a building, shall be subject to the following limitations.
(1) Procedures or projects exceeding 48 hours in duration or which require the vehicle to be immobile or inoperative in excess of 48 hours shall be carried out within a garage. Only one such period shall be permitted within a single 30-day period.
(2) Inoperative or unlicensed vehicles and vehicle parts shall be stored inside a building.
(B) It shall be unlawful for the owner, tenant, or lessee of any lot in a residential district to permit the open storage or parking outside of a building of:
(2) Semi-tractor trucks and/or semitrailers, bulldozers, earth carriers, cranes, or any other similar equipment or machinery, unless parked thereon while in use in construction being conducted on such lot.
(Ord. passed 7-30-2015) Penalty, see § 155.999
(A) All lighting upon any premises, regardless of the district, shall be arranged so that such lighting does not produce any glare which is a nuisance or annoyance to residents or occupants of other premises or to the traveling public on public roadways.
(B) Light fixtures shall be no higher than 20 feet and shall be provided with light cut-off fixtures that direct light downward. For parking lots serving a single building or groups of related commercial, industrial, or office buildings in excess of 100 spaces, the Planning Commission may permit a higher light fixture in selected locations within the parking lot where existing or planned residential areas will not be affected.
(Ord. passed 7-30-2015)
(A) The owner of the land on which landscaping or buffers have been required by this chapter or by action of the township, pursuant an approval granted by this chapter or other township ordinances, shall initially plant or cause to be planted the landscaping and/or buffer and shall, thereafter, make and perform or cause to be made and performed all necessary maintenance and replacement for the landscaping and/or buffer.
(B) All trees or other landscape material required or used as part of the landscaping and/or buffer which is lost, dies, or is seriously damaged for any reason shall be replaced not later than the following planting season with equivalent landscape material.
(Ord. passed 7-30-2015)
Recreational equipment may be located outside of an enclosed building on any lot within a residential district.
(A) If located on an interior lot, recreational equipment shall not be located within the front yard. If located on a corner lot, recreational equipment shall not be located in the side yard facing the street. If located on a through lot, recreational equipment shall not be located in the front yard or rear yard between a public street and rear yard setback.
(B) Notwithstanding the provisions of this section, recreational equipment may be parked within a yard, but not within the required yard setback, for cleaning, loading, or unloading purposes for not more than 72 hours within a seven-day period.
(C) Recreational equipment may be used for living or housekeeping purposes for a period not exceeding 14 days in any calendar year, provided that running water or indoor sewage facilities within such equipment is not utilized and provided that the storage requirements of this section are met.
(Ord. passed 7-30-2015)
No building or structure intended for human use or habitation shall be constructed on land which are subject to flooding or on land where a minimum of one foot between finished grade level and flood level cannot be maintained. Filling to bring to grade level is not permitted.
(Ord. passed 7-30-2015) Penalty, see § 155.999
(A) A primary caregiver shall be allowed as a permitted home occupation in the Residential, R-1 and R-2, Agricultural Residential AR, and WD Waterfront Districts pursuant to compliance with the Administrative Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, Public Act 208, being M.C.L.A. §§ 333.26421 et seq. and the requirements of this section. As a permitted home occupation, it is at all times subordinate and incidental to the use of the dwelling as a residence.
(B) The requirements for a primary caregiver as a permitted home occupation shall be as follows.
(1) The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq. (“Act”), and the Administrative Rules of the Michigan Department of Community Health, (“Administrative Rules”), as they may be amended from time to time.
(2) A primary caregiver must be located outside of a 1,000-foot radius from any real property where children are regularly present, comprising specifically of: a daycare facility; a church, synagogue, or other place of religious worship; a recreational park, public community center, private youth center, playground, public swimming pool, or video arcade facility; a public or private preschool, elementary school, middle school, high school, community college, vocational or secondary school, a public or private college, junior college, or university; any and all other schools that have different name references but serve students of the same age; or housing facilities owned by a public housing authority.
(3) Not more than one primary caregiver within a single-family dwelling shall be permitted to service qualifying patients who do not reside with the primary caregiver.
(4) Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week.
(5) All medical marihuana shall be contained within the main residential structure in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or qualifying patient.
(6) All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting, and/or watering devices are located, installed, or modified that support the cultivation, growing, or harvesting of marihuana.
(7) If a room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.
(8) Nothing in this section or in any companion regulatory provision adopted in any other provision of this section is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Act and the Administrative Rules and this section. To this end, the sale, distribution, cultivation, manufacture, possession, delivery, or transfer of marihuana to treat or alleviate a qualifying patient shall only be conducted as a home occupation, and shall not be permitted in any other zoning classification of this chapter. Also, since federal law is not affected by the Act or the Administrative Rules, nothing in this section or in any companion regulatory provision adopted in any other provision of this section is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. Neither this section nor the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq., protects users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having his or her property seized by federal authorities under the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq.
(9) Patients may visit the site only during the hours of 8:00 a.m. to 8:00 p.m. No more than five patients may visit the site in any single day, and no more than two patients shall be on the premises at any one time.
(Ord. passed 7-30-2015; amended 6- -2011; Ord. 17-04, passed 5-10-2017) Penalty, see § 155.999
ZONING DISTRICTS
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