Skip to code content (skip section selection)
Compare to:
Spaulding Township Overview
Spaulding Township, MI Code of Ordinances
SPAULDING TOWNSHIP, MICHIGAN CODE OF ORDINANCES
DIRECTORY OF CITY OFFICIALS SPAULDING TOWNSHIP, MICHIGAN
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Loading...
GENERAL REQUIREMENTS
§ 156.035 NONCONFORMING USES.
   It is the intent of this chapter to permit the continuance of a lawful use of any building, structure or use of any part thereof and shall be used, altered, constructed or reconstructed in conformity with the provisions of this chapter and further it is hereby declared that the existence of nonconforming uses is contrary to the best interests of the general public and further it is hereby declared to be the policy of this community as expressed in this chapter to discontinue nonconforming uses in the course of time as circumstances permit, having full regard for the rights of all parties concerned.
   (A)   Elimination of nonconforming uses.
      (1)   In accordance with the applicable state and local missive legislation, the township through its agents may acquire properties on which nonconforming buildings or uses are located, by condemnation or other means, and may remove such uses or structures. The resultant property may be leased or sold for a conforming use or may be used by the township for a public use. The net cost of such acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.
      (2)   Whenever a nonconforming use has been discontinued for 24 consecutive months, such discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming use.
      (3)   At the end of this period of abandonment, the nonconforming use shall not be reestablished, and any future use shall be in conformity with the provisions of this chapter.
   (B)   Nonconforming uses of land. The nonconforming uses of land existing at the effective date of this chapter where no building is located may be continued, provided dimensional requirements are complied with, and further provided that no buildings are to be constructed after the effective date of this chapter, except that will conform to district requirements within which the use is located, and further provided all other pertinent requirements of this section are compiled with.
   (C)   Nonconforming signs. Signs existing at the time of the enactment of this chapter and not conforming to its provisions, but which were constructed in compliance with previous regulations shall be regarded as nonconforming signs which may be continued as properly regarded and maintained as provided in this code and continue to be in conformance with other ordinances of this municipality. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this code.
   (D)   Illegal nonconforming uses. Nonconforming uses of buildings or land existing at the effective date of this chapter established without a building permit or not shown on the tax records as a nonconforming use prior to the last official assessment roll, or those nonconforming uses which cannot be proved conclusively as existing prior to the effective date of the chapter shall be declared illegal nonconforming uses and shall be discontinued.
   (E)   Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion or act of God, or by other causes may be restored, rebuilt, or repaired, provided that such restoration does not exceed its state equalized assessed value as determined by the assessing officer, exclusive of foundations, and provided that said use by the same or more nearly conforming with the provision of the district in which it is located.
   (F)   Repair of nonconforming buildings. Nothing in this chapter shall prohibit the repair, improvement or modernization of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, and wear, provided that such repair does not exceed an aggregate cost thereby increasing the assessed value by more than 30% as determined by the assessing officer unless the subject building is changed by such repair to a conforming use. No repair may enlarge or structurally alter the structure in such a way as to increase the nonconformity.
   (G)   Changing uses. If no structural alterations are made, the Board of Appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which is being replaced. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not revert or be changed back to a nonconforming or less conforming use.
   (H)   Prior construction approval. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this chapter provided that construction is commenced within 30 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the building permit.
   (I)   Districts changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes.
(Prior Code, § 15.301) (Ord. eff. 12-1-2019)
§ 156.036 SUPPLEMENTARY USE REGULATIONS.
   (A)   Prior building permits. Any building permit issued prior to the effective date of this chapter shall be valid, even though not conforming to the provisions of this chapter, provided that construction is commenced within 90 days after the date of permit application and completed within one year after the issuance of the building permit.
   (B)   Access to a street. Any lot of record created after the effective date of this chapter shall have frontage on a public street, except as may be approved as a planned unit development in accordance with the provisions of this chapter or the Plat Act of 1967.
   (C)   Rear dwelling prohibited. No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchmen, caretakers and domestic employees whose employment functions are related to the function of the principal building; provided that all other requirements of this chapter are satisfied.
    (D)   Use of structure for temporary dwelling. No structure shall be used for dwelling purposes that does not meet the minimum standards as defined in this chapter and the requirements of the Building Code. No temporary structure whether of a fixed or portable construction shall be erected for any length of time unless authorized by the issuance, by the Board of Zoning Appeals, of a temporary permit as provided in §§ 156.260 through 156.262.
   (E)   Mobile home dwellings. No person, or entity, shall use, occupy or permit the use or occupation of a mobile home as a dwelling within the township in an area not designated as a mobile home park, unless:
      (1)   A permit for the placement thereof has been obtained from the township official authorized by the Township Board to issue the same. All applications for said permit shall be accompanied by a non-refundable fee. That said fee may be changed or altered by the resolution of the Township Board so as to cover the cost of all expenses of the township in connection with inspection made, or hearings held, and investigations made;
      (2)   Said mobile home, the placement thereof and the premises upon which it shall be located shall meet all requirements of the township zoning regulations relative to uses, size of premises, floor area, setback, side lot and rear lot requirements specified for the particular zoning district in which said premises is located. Further, a mobile home occupied as a dwelling shall have a minimum width across any front, side or rear elevation of 25 feet. Where a mobile home dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed under the Township Building Code, then federal or state standard or regulation shall apply;
      (3)   Said mobile home shall be connected to potable water and sanitary sewerage disposal facilities approved by the health agency having jurisdiction. If public water or sanitary sewage disposal facilities are available to said premises, said mobile home shall be connected thereto;
      (4)   Said mobile home shall be firmly attached to a permanent foundation constructed on the site in accordance with the Township Building Code and shall have a wall of the same perimeter dimensions of the dwellings.
         (a)   In the event that the mobile home is used as a dwelling, such mobile home dwelling shall be installed pursuant to the manufacturer’s set up instructions and shall be secured to premises by an anchoring system or device complying with the rules and regulations of the State Mobile Home Commission, and shall have perimeter wall as required above.
         (b)   The mobile home shall be so placed and situated that the wheels shall be removed and the underside or chassis of said mobile home shall be completely enclosed and connected to foundation so that the towing mechanism, undercarriage or chassis are not exposed to view.
      (5)   Said mobile home shall meet or exceed all roof snow load and strength requirements imposed by the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards;
      (6)   If placed within a flood zone, said mobile home shall meet all requirements for construction of dwelling on-site within said zone;
      (7)   Said mobile home dwelling shall contain no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein;
      (8)   As to a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. § 3280, and as from time to time such standards may be amended;
      (9)   (a)   Said mobile home dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof over-hang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; shall have not less than two exterior doors with the second one being either the rear or side of the mobile home dwelling; shall have steps connected to the said exterior door areas or to porches connected to said door areas where differences in elevation requires the same; and
         (b)   The compatibility of design and appearance shall be determined in the first instance by the Township Zoning Administrator upon review of the plans submitted for a particular mobile home dwelling, subject to appeal by an aggrieved party to an Appeals Board. The membership of the Appeal Board shall be the same membership as the Zoning Board of Appeals under the township zoning regulations. The appeal, if taken, must be taken within 15 days from the receipt of notice of Township Zoning Administrator’s decision. Any determination of compatibility shall be based upon the standards set forth herein, as well as the character, design, and appearance of one or more residential dwellings other than the mobile home parks within 2,000 feet of the subject mobile home dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard design home.
      (10)   The foregoing provisions shall not apply to a mobile home located in a licensed mobile home park except to the extent required by a state or federal law or otherwise specifically required in the ordinance of the township pertaining to such.
      (11)   In connection with the application to permit the occupation of a mobile home as dwelling, the construction specifications of the mobile home proposed to be occupied as a dwelling shall be supplied along with whatever other information and documents may be required, as the township may from time to time determine are needed or necessary to enable the appropriate officials to assure compliance with this chapter; and
      (12)   The term “mobile home” shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportable structures designed for temporary use which are not designed for permanent residence and connection to sanitary sewage, electrical power and potable water supplies.
   (F)   Required water supply and sanitary sewerage facilities. After the effective date of this chapter, no structure shall be erected, altered or moved upon a lot or premises and used in whole or in part for a dwelling, business, industrial or recreational purpose unless it shall be provided with a safe sanitary and potable water supply and with a safe and effective means of collection treatment, and disposal of human excreta and domestic, commercial and industrial waste. All such installations and facilities shall conform with the minimum requirements of the County Health Department and applicable state regulations.
   (G)   One dwelling per lot. Only one single-family detached dwelling will be allowed to be erected on a lot.
   (H)   Fences, walls and screens.
      (1)   Fences in front yard areas. Fences which are located in the required front yard area shall not exceed a height of four feet.
      (2)   Fences in rear yard areas. Fences which are located in the rear yard shall not exceed a height of six feet and may be of open or closed construction.
      (3)   Fences on corner lots.
         (a)   Fences constructed or installed on corner lots or parcels having a side yard abutting upon a street may be erected to a height of six feet above ground level but shall not extend beyond the side yard building line in the side yard area adjacent to the street side of the building thereon.
         (b)   Fences located in the street side yard area on corner lots, between the dwelling and the street property line, shall not exceed a height of four feet except that a fence six feet in height construction may be erected in the street side yard area where a corner lot shares a common rear lot line with the rear adjacent property owner.
      (4)   Fences located in interior side yard areas. Fences constructed or erected in the interior yard area may be erected to a height of six feet above ground level and may be of open or closed construction except that when an abutting dwelling has a door or window (except basement window) located less than five feet from the fence, said fence shall be reduced to four feet in height if it is of closed construction.
      (5)   Exceptions. The height restrictions of this chapter shall not apply to schools, public or private, or to public recreation areas, or to public utility installations where higher fences are required for the safety and protection of the public.
      (6)   Unobstructed site.
         (a)   No fence, structure, hedge or planting shall be erected, established or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two streets or the intersection of a street and an alley. (See diagram in Appendix A.) Fences or plantings located in the triangular areas described below shall not be permitted to obstruct cross-visibility between a height of 30 inches and eight feet above grade.
         (b)   The unobstructed triangular area is described as follows:
            1.   The area formed at the corner, intersection of two streets bounded by the curb lines extended to the point of the intersection and by a base line intersecting each curb 60 feet from said point of intersection. Where no curb exists, the edge of the roadway shall be considered a curb within the meaning of this section. See Appendix A; and
             2.   The area formed at the corner, intersection of the public right-of-way and a driveway, the two sides of the triangular are being ten feet in length measured along the right-of-way line and the edge of the driveway, and the third side being a line connecting these two sides. See Appendix A.
      (7)   Use of abutting properties. No fence shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the Zoning Administrator may require a fence to be set back a minimum distance from a driveway or property line.
      (8)   Barbed wire. The placement of barbed wire is regulated as follows.
         (a)   For industrial properties, barbed wire must be at least six feet above grade. Barbed wire is not allowed on properties used for residential purposes in Industrial Districts.
         (b)   For business properties where outdoor storage is allowed, barbed wire may be approved by the Board of Appeals on Zoning as a special exception when there are unique and exceptional circumstances. If approved by the Board of Appeals on Zoning, the barbed wire must be at least six feet above grade. Barbed wire is not allowed on properties used for residential purposes in Business Districts.
         (c)   Barbed wire may be placed on fences surrounding a public utility installation in any zoning district, provided the barbed wire is placed not less than six feet above grade.
      (9)   Electric fences. Electric fences may be approved in by the Board of Appeals on Zoning as a special exception when there are unique and exceptional circumstances.
      (10)   Materials. Fences shall consist of materials commonly used in conventional fence construction, such as wood or metal. If, because of design or construction, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot.
      (11)   Maintenance. All fences shall be maintained in a good structural condition at all times.
      (12)   Permit. Any property owner wishing to install a new fence of any type shall first secure a zoning permit prior to installing said fence. The property owner or applicant shall complete an application provided by the township indicating the location, height, materials and the proximity to any buildings on an abutting property. There shall be no fee associated with this application.
   (I)   Inoperative or dismantled cars, trucks or buses. The storage of dismantled, wrecked and/or unlicensed vehicles within any district is expressly prohibited unless contained within a licensed junk yard or an enclosed structure or provided said storage does not exceed one week.
   (J)   Space used once.
      (1)   Generally. Any yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall not again be used as a yard or other required open space for another building or structure existing or intended to exist at the same time as such building or structure.
      (2)   Use exceptions. Nothing in the chapter shall be construed to prohibit the following accessory or incidental uses:
         (a)   The renting of rooms to not more than two non-transient persons in a dwelling unit which is otherwise occupied in a manner permitted in the district in which it is located;
         (b)   Customary refreshment and service uses and buildings in any public park or recreational area incidental to the recreational use of such area;
         (c)   Essential services as defined in § 156.021;
         (d)   Garden, garden ornaments and usual landscape features within required yard space;
          (e)   Fences within required yard space provided the standards cited in division (H) above are met;
         (f)   Retaining walls and public playgrounds;
         (g)   Off-street parking for motor vehicles as specified in §§ 156.060 through 156.068;
         (h)   Home occupation as specified in R District regulations and § 156.021; and
         (i)   Use of a premises as a voting place in connection with local, state or national elections.
   (K)   Parking of recreational equipment.
      (1)   The parking of recreational equipment including travel trailers, trailers, campers, boats and similar recreational equipment is prohibited within the required front yard areas of any R District.
      (2)   A total of three but not more than one of each of the above units may be stored or parked outside on a residentially zoned lot except that with regard to snowmobiles or personal watercraft up to four units may be parked outside provided the ownership of said units is that of the lot owner, tenant or lessee.
      (3)   The above units when stored outside shall be located a minimum of five feet to the rear of the front building line.
      (4)   The combined area covered by outside storage of said units, dwelling, accessory buildings, swimming pools and the area covered by them shall not exceed 40% of the total area of the lot.
   (L)   Heavy vehicles. Storage or overnight parking of trucks in excess of four tons gross weight rated capacity is prohibited within any R District.
    (M)   Prohibited uses. Any use not specifically permitted as defined in a zoning district established by this chapter is hereby specifically prohibited from that district.
   (N)   Rummage sale. Allow the sale of a non-perishable merchandise, household goods, domestic items or other articles, except in any R District, unless the sale is temporary. Such a sale shall not continue for a period exceeding one week from date of commencement and may not commence again for a period of 45 days from the last date of prior sale at that location with no more than three such sales in a calendar year. No items available during sales may be openly displayed when sales are not in progress. (This provision shall be enforced by the Police Department.)
   (O)   Swimming pool fencing. All swimming pools shall have a barrier as required by the Michigan Building Code.
(Prior Code, § 15.302) (Ord. eff. 12-1-2019)
§ 156.037 SUPPLEMENTARY YARD REGULATIONS.
   (A)   Permitted yard encroachments.
      (1)   Paved terraces, patios and uncovered porches shall not be subject to yard requirements, provided:
         (a)   The paved area is unroofed and without walls or other forms of solid continuous enclosure that link the paved area to the principal building;
         (b)   The highest finished elevation of the paved area is not over 30 inches above the average surrounding finished grade area; and
         (c)   No portion of any paved area is closer than five feet from any lot line nor projects into any front yard setback area. Such paved areas may have non-continuous windbreaks or walls not over six feet high and not enclosing more than one-half the perimeter of the paved area.
      (2)   Unenclosed porches, roofed or unroofed, may project into a required side or rear yard area provided:
         (a)   The porch is unenclosed and no higher than one story and is erected on supporting piers;
         (b)   The porch shall not be closer than eight feet to any side or rear lot line except for lots or parcels less than 65 inches wide, then the porch cannot be closer than four feet to any side lot line;
         (c)   Enclosed porches shall be considered an integral part of the building and shall be subject to all yard and area dimensional requirements established for principal buildings;
         (d)   Special structural elements such as cornices, sills, chimneys, gutters and similar structural features may project into any yard up to a maximum of two and one-half feet;
         (e)   Fire escapes, outside stairways and balconies, if of open construction, may project into yard areas up to a maximum of five feet; and
         (f)   Signs may encroach into yard areas but no sign or portion, thereof, shall be closer to any lot line or street right-of-way than ten feet.
   (B)   Yard exceptions. In cases where less than the full required future right-of-way width of a street has been deeded or dedicated, the building setback on any properties abutting thereon which have not provided for sufficient street area by deed or dedication shall be measured from the future required right-of-way line. The required street width shall be determined by the standards set forth and adopted by the Planning Commission.
   (C)   Minimum side yard requirements. Lots or parcels less than 65 feet in width and existing prior to adoption of this chapter may have a minimum side yard of four feet. Corner lots 65 feet or less in width shall conform to the street side setbacks required but the side yard opposite the street side may be four feet.
(Prior Code, § 15.303) (Ord. eff. 12-1-2019)
§ 156.038 SUPPLEMENTARY HEIGHT REQUIREMENTS.
   (A)   Permitted exceptions for communications towers and structural appurtenances. The following kinds of communications towers and structural appurtenances shall be permitted to exceed the height limitations for authorized uses:
      (1)   Ornamental in purpose, such as church steeples, belfries, cupolas, domes, ornamental towers and flag poles; provided that such structural elements do not exceed 20% of the gross roof area; and
      (2)   Communications towers and appurtenances to mechanical or structural functions, such as chimneys and smoke stacks, water tanks, elevator and stairwell penthouses, ventilators, radio or television towers, aerials and fire and base towers; provided the total height of the structure or the building and appurtenance is 175 feet or less measured from the ground. The foregoing permitted exceptions shall not be for human occupancy or dwelling.
   (B)   Permitted exceptions, Conservation-Greenbelt and Agricultural Districts.
      (1)   No exceptions are permitted for residential structures.
      (2)   Structures for agricultural operations are permitted up to 75 feet.
      (3)   Other nonresidential permitted structures may be erected to a height in excess of that specified; provided each front, side and rear yard minimum is increased one foot for each one foot of additional height above the district requirements.
   (C)   Permitted exceptions, Residential Districts.
      (1)   No other exceptions are permitted for residential structures. Antennas and flag poles are allowed, but not to exceed the height of 45 feet from the ground.
      (2)   Principal hospital and church structures may be permitted to exceed height limitations with a maximum total height limit of 75 feet provided each front, side and rear yard is increased by one foot for each one foot of additional height above the district maximum requirement.
   (D)   Permitted exception, Business and Industrial Districts. In any Business or Industrial District any principal structure may be erected at a height in excess of that specified for the district provided each front, side and rear yard minimum is increased one foot for each one foot of additional height above the district maximum requirement.
(Prior Code, § 15.304) (Ord. eff. 12-1-2019)
§ 156.039 ACCESSORY BUILDINGS; REQUIRED YARDS.
   (A)   In a front yard. No accessory building (attached or detached) shall project into any required front yard.
   (B)   In a rear yard. No accessory building, including attached or detached garages, shall be closer than five feet to the rear lot line and not closer to the side lot line than the permitted distance for principal buildings within that district.
   (C)   In a side yard. No accessory building, including garages, shall be erected closer to any side lot line than the permitted distance within that district for principal building except in a Residential District, where an accessory building is located ten feet or more to the rear of the principal building, then the accessory building shall be no closer than eight feet to the side lot line. See exception in § 156.038(C).
   (D)   On a corner lot. No accessory building shall be closer to the side street lot line than the side yard setbacks of the principal building on the lot. Where the rear line of a corner lot coincides with the side line of an adjoining lot in a Residential District, an accessory building shall not be closer than eight feet to the common lot line.
   (E)   Vacant lots. Accessory buildings are not allowed on vacant lots in an R District.
   (F)   Total number. The total number of detached accessory buildings may not exceed two.
   (G)   Detached accessory buildings. In any R District detached accessory buildings shall comply with the following regulations.
      (1)   They shall not be used in any part for dwelling purposes.
      (2)   They shall not be more than one story of 15 feet measured from the average grade around the structure to a point midway between the highest point of the roof and the lowest point of the roof to the average height of the building. (See Appendix E.)
      (3)   The total area of detached accessory buildings shall not occupy more than 30% of the required rear yard area.
      (4)   Accessory buildings shall not exceed the ground floor area of the principal building or 1,600 square feet whichever is larger.
      (5)   The foregoing building dimensions may be increased by 1% for each 100 square feet that the building site surpasses the minimum lot size, but not to exceed 100%.
      (6)   They shall be constructed of materials similar to that of the principal building.
      (7)   All walls shall be vertical and accessory buildings shall be designed typical of residential accessory building construction or as determined appropriate by the Township Planning Commission.
   (H)   Antennas. All antennas shall be required to have the same yard setbacks as accessory buildings.
   (I)   Swimming pools, ponds and fountains. All swimming pools, ponds, or fountains which are regulated by the State Building Code shall be located in the rear yard or interior side yard and further shall comply with the setback requirements for accessory buildings. Any pond which requires a permit from the State Department of Environmental Quality shall be subject to the site plan review and special land use procedures contained in this chapter and shall be reviewed and approved by the Township Planning Commission prior to commencement of construction.
(Prior Code, § 15.305) (Ord. eff. 12-1-2019)
Loading...