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§ 155.057  LIGHTING.
   (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)
§ 155.058  MAINTENANCE OF LANDSCAPING AND BUFFERS.
   (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)
§ 155.059  STORAGE OF RECREATIONAL EQUIPMENT.
   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)
§ 155.060  FLOOR AREAS AND GRADE LEVEL.
   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
§ 155.061  MEDICAL MARIHUANA.
   (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
§ 155.075  DISTRICT.
   The township is hereby divided into the following zoning districts.
Letter
District Name
Chapter Section
Letter
District Name
Chapter Section
AR
Agricultural/Rural Residential
C
Commercial
IND
Industrial
MHP
Manufactured Home Park
R-1
Single-Family Residential
R-2
Residential
WD
Waterfront District
 
(Ord. passed 7-30-2015)
§ 155.076  ZONING MAP.
   (A)   The locations and boundaries of the zoning districts are hereby established as shown on a map, as the same may be amended from time to time, entitled the Silver Creek Township Zoning Map, which accompanies the Township Zoning Ordinance and is hereby adopted by reference and made a part of this section as if set out at length herein.
   (B)   Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules of construction and interpretation shall apply.
      (1)   Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow those centerlines.
      (2)   Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
      (3)   Boundaries indicated as approximately following township boundaries shall be construed as following township boundaries.
      (4)   Boundaries indicated as approximately following shorelines or lake or stream beds shall be construed as following the shorelines or lake or stream beds, and in the event of change in the location of shorelines or lake or stream beds, shall be construed as moving with the shoreline and lake or stream bed.
      (5)   Lines parallel to streets without indication of the depth from the street line shall be construed as having a depth of 200 feet from the front lot line.
      (6)   Boundaries indicated as approximately following property lines, section lines, or other lines of a government survey shall be construed as following such property lines, section lines, or other lines of a government survey as they exist as of the effective date of this chapter or applicable amendment thereto.
   (C)   When there is any question as to the location of any boundary line between zoning districts which cannot be resolved by the rules stated above, upon a request for an interpretation of the zoning maps, the Zoning Board of Appeals shall establish the boundary based upon said maps and all available information relating thereto and shall establish the boundaries to carry out the intent and purposes of this chapter and the Master Plan.
   (D)   Whenever all or part of a street, alley, or other public way is vacated, it shall automatically become a part of the district to which it attaches. If a vacated area is bordered by two different districts, the area is divided along a line half way between them according to the adjacent district, unless the Township Board shall otherwise designate.
(Ord. passed 7-30-2015)
§ 155.077  AREAS NOT INCLUDED WITHIN A DISTRICT.
   In every case where land has not been included within a district on the zoning map, it shall be in the AR Zoning District, or as determined by the Zoning Board of Appeals.
(Ord. passed 7-30-2015)
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