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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
The township is hereby divided into the following zoning districts.
(Ord. passed 7-30-2015)
(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)
(A) Description and purpose. This district is intended for large tracts used for farming, or those which are idle, and single-family dwellings. It is intended for agricultural uses, other uses generally associated with agriculture, single-family residential development on larger lots, and related non-residential uses. The overall purpose of this district is to preserve larger tracts of land for agricultural use and to allow for residential development at appropriate densities.
(B) Permitted uses. Land and/or buildings in the AR District may be used for the following purposes as permitted uses:
(1) Farms for both general and specialized farming, together with farm dwelling and buildings and other installations useful to such farms;
(2) Detached, single-family dwellings;
(3) Family day care;
(4) State licensed residential family care facilities;
(6) Private schools, churches, libraries, parks, playgrounds, and community center buildings;
(7) Accessory buildings, structures, and uses customarily incidental to any permitted or special land use;
(8) Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems;
(9) Open space developments in accordance with the provisions of § 155.179, except that the special land use approval procedures shall not be required;
(10) Road side stands for sale of produce; and
(11) Farm markets and agricultural tourism business.
(C) Special land uses. Land and/or buildings in the AR District may be used for the following purposes, following approval by the Planning Commission as a special land use as regulated by § 155.150:
(1) Country clubs, golf courses, riding stables, gun clubs, and publicly-owned athletic grounds and parks, and other similar uses, including related uses, such as snack bars, small retail shops selling goods directly related to the primary use;
(2) Removal and processing of topsoil, stone, rock, sand, gravel, lime, or other soil or mineral resources;
(3) Public or private campgrounds;
(4) Commercial kennels;
(5) Bed and breakfast establishments;
(6) Intensive livestock operations;
(7) Planned unit developments;
(8) Recreational vehicle and boat storage;
(9) Private hunting facilities; and
(10) Rental halls.
(D) District regulations. No building or structure, nor the enlargement of any building or structure, shall be hereafter erected unless the following requirements are met and maintained in connection with such building, structure, or enlargement.
Building height | 35 feet |
Front yard | 50 feet |
Lot coverage | 25% |
Minimum dwelling first floor area | 850 square feet |
Minimum dwelling width | 23 feet |
Minimum lot area | 1 acre |
Minimum lot width | 200 feet |
Rear yard | 30 feet |
Side yard | 30 feet (each side) |
(Ord. passed 7-30-2015; amended 8- -2005; amended 2- -2012; amended 3- -2013; Ord.19-20, passed 8-6-2019)
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