For the purpose of this ordinance, except as hereinafter specifically provided otherwise, the following general regulations and provisions shall apply. These general regulations shall be liberally interpreted for the purposes of this ordinance, and the limitations herein set forth shall be construed as the minimum regulation necessary to promote and protect the general safety and welfare of the community.

It is not intended by this ordinance to repeal, abrogate or annul any existing provision of the law, ordinances or any regulations, or ordinances relating to the use of buildings or land, except as hereinafter specifically provided; nor is it intended by this ordinance to abrogate or annul any existing easement, covenants or other agreements between parties; provided, however, that where any provision of this ordinance imposes more stringent requirements, regulations, restrictions or limitations upon the use of land or buildings, or upon the height of buildings, or requires larger yards, land areas or open space than are imposed or required by the provisions of any other law or ordinance, then the provisions of this ordinance shall govern. The requirements of this ordinance are to be construed as minimum requirements and shall in no way impair or affect any covenant, easement, agreements between parties or restrictions running with the land, except where such covenant, easement, agreement between parties, or restriction imposes lesser requirements.

No building shall be located, erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or land is located.

No building shall be located nor [or] erected, nor shall an existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations hereby established for the district in which such building is located. No portion of a lot used in complying with the provisions of the ordinance for yards, courts, lot area per family or percentage of lot occupancy, in connection with an existing or projected building, or structure, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.

Essential services (not including buildings) that are designed to serve only uses in Addison Township shall be exempt from the provisions of this ordinance. Other essential services shall be permitted as authorized and regulated by law and other provisions of the township ordinance.

The provisions of this ordinance shall not be construed to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

The height limitations of this ordinance shall not apply to church spires, flagpoles, public monuments, water towers, or wireless transmission towers, provided, however, that the planning commission may specify a height limit for any such structure when such structure requires authorization as a special approval use. Whenever such structures do not require special approval, their height shall be limited to a maximum of ten feet above the height permitted for the principal use.

An open, enclosed and uncovered porch or paved terrace may project into a required front yard for a distance not exceeding ten (10) feet. This shall not be interpreted to include or permit fixed canopies on said porch.

No machinery, equipment, vehicles, lumber piles, crates, boxes, building blocks or other materials either discarded, unsightly or showing evidence of a need for repairs, with or without a current license, shall be stored, parked, abandoned or junked in any open area that is visible from the street, public place or adjoining residential property.

Each dwelling and each commercial or industrial building and accessory buildings shall have at least two (2) doors providing ingress and egress. One (1) of these doors shall be at the front and the other shall be at the rear or side.

No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shrubbery and low retaining walls not exceeding thirty (30) inches in height above the curb level and shade trees where all branches are not less than eight (8) feet above the street level will be permitted. For residential corner lots, this unobstructed area will be a triangular section of land formed by the two street curblines and a line connecting them at points twenty-five (25) feet from the intersection of said curblines.

No dwelling unit shall be erected in the commercial, office, industrial, recreational or mining districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in said districts in conformance with the specific requirements of the particular district.

On lots located outside of mobile home parks, no single-family dwelling, either on-site built or a mobile home, may be erected upon the same lot with another single-family dwelling or mobile home, unless said lot is developed in accordance with the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), as amended. For site condominiums, one dwelling per building site shall be permitted.

Buildings erected after the effective date of this ordinance as garages or accessory buildings shall not be occupied for dwelling purposes. No basement or cellar apartment shall be used or occupied for dwelling purposes at any time, except when a one (1) year permit is issued by the board of appeals.

A special event is an activity or land use of a temporary nature that extends beyond what is expressly allowed by the applicable zoning district in terms of use and development standards and any event outside of a regular approved business use is considered a special event. The purpose of this special event provision is to establish a process to accommodate reasonable requests for approval of a special event for a limited period of time in locations where the proposed use may be desirable and appropriate due to the limited and short-term nature of the activity, and where the use would not otherwise be allowed within the applicable zoning district. The intent is to consider such requests on an individual basis to ensure that they will not be detrimental to the public health, safety, and general welfare; to surrounding properties; or to the community as a whole.

The building official, with the planner recommendation, may grant special event permits. A special event permit approval shall consist of one (1) of the following: A special event that last no more than seven (7) consecutive days, two (2) consecutive weekends or six (6) one-day events, in one (1) calendar year. No single special event may be issued more frequently to the same location than once every sixty (60) days. Nothing in this provision constitutes a change in the uses permitted in that zoning district, nor negatively impacts the existing and surrounding land uses. The township reserves the right to modify and place conditions on the application for duration, time or conditions. The special event request shall comply with all other township ordinances. Special events may be considered in the following zoning districts C-1, C-2, Public, Recreational or an approved special use to which the special use expressly allows public activity to the location. Shopping centers or other joint tenants defined by factors but not limited to shared parking and shared architectural design are considered a single site for all permitted building located within. If the applicant is not the owner of the property written permission and signed application with the owner is required.

A.

The granting of the special event permit shall in no way constitute a change in the uses permitted in the zoning district or on the property where the special event will be permitted.

B.

A complete application, as approved by the township board, must be submitted meeting the sketch plan requirements of site plan, Article 29. The application shall include a written description of the special event, and a written explanation as to the time, duration, nature of the special event requested and as indicated in the application, and arrangements for removing the use at the termination of the special events permit.

C.

For special events that utilize all or a portion of a parking lot for other than vehicle parking, the application shall be reviewed by applicable township departments and township consultants to ensure appropriateness and safety. This review period will be a maximum of ten (10) business days from the date a complete (all required information) application is submitted, as determined by the building official.

D.

With the special events covered under subsection above, the building official, with the planner recommendation, may approve multiple events happening over a one-year period where the same conditions exist. A multiple-event approval does not eliminate the need for a separate permit for each event.

E.

With respect to special event requests that will not utilize all or a portion of a parking lot, the building official may, in their discretion, forward the application for review by any township departments, township consultants or the planning commission for input.

F.

The building official may determine that the review must go before the planning commission. Such items like carnivals, circus, or other deemed similar.

G.

Special events are a discretionary use. The township will review the location, size, intensity and site layout be such that operations will not be objectionable to nearby dwellings, by reason of noise fumes, glare or flash of lights or the time proposed. The special event request shall comply with all other township ordinances.

H.

The township reserves the right and may place conditions on the application for a special event permit:

1.

Ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use and activity.

2.

Protect the natural environment and conserve natural resources and energy.

3.

Ensure compatibility with adjacent uses of land.

4.

Promote the use of land in a socially and economically desirable manner.

5.

The special event will not have a negative impact on traffic flow and parking.

6.

Any conditions imposed shall be recorded in the record of the special event approval.

I.

A performance guarantee/escrow may be required to ensure compliance with special event conditions and liability insurance. All review fees shall be paid by the applicant or costs incurred with the application.

J.

The building official has the digression to allow set up prior to the special event and removal of the equipment depending on the type of special event, but in no case more than five (5) days. If after the five-day period the township shall use the escrow/performance guarantee for removal of items associated with the special event.

K.

Violations of the approved special event permit: The applicant shall abate the violation immediately. Upon failure of the owner and/or operator to abate said violation the building official shall issue a citation or may be revoked as indicated in the approved application.

(Ord. No. 24-1, 4-15-2024)

Editor's note— Ord. No. 24-1, adopted April 15, 2024, changed the title of § 4.16 from "temporary and portable buildings, uses, structures and special events" to "special events." For provisions pertaining to temporary, portable buildings or temporary structures, see § 4.52.

No dwelling or building shall be erected on a lot which does not have continuous frontage for its required minimum width upon a street or road either currently certified by the Road Commission for Oakland County or designated on a recorded subdivision existing on or prior to the effective date of this ordinance or a private road as approved by the township board and defined herein unless the lot exists as a nonconforming lot according to Article V. Road frontage shall be determined from the road right-of-way line and not the traveled portion of the road. Multifamily development or planned unit development for office or commercial uses need not front each such structure upon such street or roads provided that adequate vehicular access can be assured in the site plan submitted for approval by the planning commission. As identified in Section 4.19.18, an accessway (improved easement) meets the road frontage requirement of this section for up to four (4) or fewer parcels (or building sites) if the standards of Section 4.19.18 are met.

1.

Approval required. For the purposes of this ordinance, the township shall not recognize any lot which was not either a lot of record as of the effective date of this ordinance or which has not been subsequently approved by the township as established under this section. Subdivisions or plats may be made only in accordance with the Michigan Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended, and any township subdivision control ordinance.

2.

Application for land division. Application for a land division shall be made to the township clerk. The township clerk shall examine the application to determine that it generally contains the necessary information. If the application is not complete, the applicant will be notified in writing of the deficiencies. When the application is complete, it shall be processed in accordance with this ordinance and the Land Division Ordinance[, Ordinance] # 117. Fees shall be paid within a fee schedule established by the township board. The application shall be signed by all parties of interest in the property.

3.

Required information. The following required information shall be included on all applications for lot splits and land divisions:

a.

Property survey signed and sealed by a land surveyor registered in the State of Michigan, including the following:

1)

North arrow, date and scale.

2)

Existing and proposed lot lines and dimensions.

3)

Existing utilities and county drainage courses within fifty (50) feet of the lot(s) or parcel(s) to be split.

4)

Location and dimensions of existing and proposed easements, lot numbers, roadways and lot irons.

5)

Existing structures on the proposed lot(s) and all structures within fifty (50) feet of the proposed lot lines.

6)

Zoning classification of the lot(s) to be split and all abutting lots.

7)

All required front, rear and side yard setbacks resulting from the requested split or division.

8)

At the discretion of the township, the owner shall provide a preliminary plan for the feasible plan development, division and access to any remaining or abutting lands affected by the proposed splits.

9)

Buildable area.

b.

A written instrument fully executed in a form legally sufficient for recording with the Oakland County Register of Deeds, including a legal description of the requested parcels. Area shall be shown to the square foot on parcels of less than one (1) acre and acres to the one one hundredth ( 1/100 ) of an acre on parcels larger than one (1) acre.

c.

All existing and proposed deed restrictions for the property(s), including any required easements for drainage, roads or utilities attached in recordable form.

d.

Name, address and phone number of the property owner(s) and all others holding interest in the property. Satisfactory evidence of ownership or interest shall be presented to the township.

e.

If the division or partition of the parcel will result in a minimum lot size less than the requirements of Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended, and/or the applicable provisions of the Addison Township Zoning Ordinance or its successor ordinance, if any, then the applicant shall submit in addition a fully executed affidavit in form legally sufficient for recording with the Oakland County Register of Deeds and signed by all persons who have any legal or equitable interest in the parcel acknowledging that they understand the partitioned or divided parcel or parcels may not thereafter be developed or used separately but only in conjunction with the adjoining parcel or parcels of land and shall not be considered a building site by itself.

4.

Criteria for approval or denial of lot splits. The following criteria shall be used as a basis upon which lot splits will be reviewed by the office of the supervisor, clerk, treasurer, assessors and township planner:

a.

No lot splits shall be approved if the proposed resultant parcels contain less area than required by the minimum standards of this ordinance except where resultant abutting parcels combined together exceed the minimum size.

b.

The ratio of lot or parcel depth to width or width to depth shall not exceed four to one (4:1).

c.

All lots shall be provided with a satisfactory means of access to a public road or a private road complying with the provisions of Section 4.19 of the ordinance. Property lines shall be laid out to promote efficient development with shared access to roads available for future development. Parcels proposed to be divided which are not located on a public road or township-approved private road which complies with the provisions of Section 4.19 shall not be entitled to additional building sites if divided, but any additional parcels shall be considered nonconforming parcel (created after amendment of this ordinance) but not building sites. The parent parcel may transfer the original building site to any of the newly created parcels in accordance with Section 5.04 of this ordinance.

d.

The size, shape and orientation of the lots shall be appropriate for the type of development and land use contemplated. No split shall be approved which would conflict with existing drainage ditches, natural watercourses, easements or public right-of-way.

e.

No lot splits shall be granted which are contrary to, or in violation of, the State of Michigan Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended, the Land Division Act.

f.

No lot split shall be approved if the division would reduce any required yard space or off-street parking space below the minimums required by the zoning ordinance or if the division would effectively allow the avoidance of the requirements of this ordinance.

g.

No lot splits shall be approved which would preclude the feasible and efficient development, division or access for remaining or abutting lands affected by the proposed split.

h.

The proposed land division shall be reviewed for compliance with the adopted master plan of the township.

5.

Review and approval of lot splits. Following receipt of a land division application, the township clerk shall forward to the planner and upon review refer said application to the office of the supervisor, clerk, treasurer, and assessors, for review and approval. Accompanying submission shall be the following:

a.

A memo from the township clerk stating whether or not the parcel or parcels to be divided contain any improvements.

b.

If any improvements are contained thereon, a memo from the building inspector stating whether the proposed division would reduce required yard space or off-street parking space below minimum limits required in the zoning ordinance or would otherwise preclude the application of the provision of this ordinance.

c.

The township board is hereby authorized to establish a policy wherein a reasonable time limit shall be permitted for the duration of the administrative approval of a division of a lot or parcel which may include the submission of necessary information and documentation, or for the completion of necessary improvements pursuant to the construction of private roads and related improvements, or other township required improvements.

Private road development that occurs in the township shall be subject to the minimum private road regulations and standards of this section (Section 4.19). No person, firm or corporation shall hereafter divide or develop any land as hereinafter described without providing for public or permanent private easements for access to such divided lands with said private easements to conform to these minimum requirements.

A.

Definitions.

1.

Existing easement access. An easement that is recorded with the Oakland County Register of Deeds, prior to the effective date of this provision of the zoning ordinance, that has not received approval from the township board (as determined by the township board) as part of a land division, private road application, subdivision or site condominium.

2.

Approved existing private road. A recorded easement that has been approved by the township board as a result of a subdivision, site condominium or private road application as provided in [this] Section 4.19 and has been constructed and received final township board post-construction approval for the full approved final length.

3.

New private road. A proposed easement that conforms to the requirements of [this] Section 4.19 and is approved by the township board with any and all conditions of approval met.

4.

Nonconforming access. Any access (e.g., including driveways, unrecorded easements, unapproved easements, unimproved easements) other than a public road, approved existing private road or new private road that does not meet the definitions contained in Section 4.19.A.1—3 or any standard contained in [this] Section 4.19.

B.

Requirements.

1.

Every dwelling hereafter erected or located in the township shall be on a parcel abutting a public road, a new private road or an approved existing private road (both as defined herein) that complies with all provisions of [this] Section 4.19, and with access to the road to provide safe, convenient yearround access/egress for serving emergency access, pedestrian safety and fire protection.

2.

When land parcels are being divided and roads created within the township, the resulting road standards shall meet or exceed the standard "C" type described in the cross section drawing of the Oakland County Road Commission, dated December 14, 1972. Rights-of-way or easements, while not required to be dedicated, will be reserved for future dedication and preclude any development within this designated area. Any land division application or development plans as submitted for approval must show any proposed private road easement including a legal description, and must include the grades for these roads or future extension shall be deemed waived.

3.

All private roads (unless an accessway easement as provided in Section 4.19.18) shall have a minimum right-of-way easement of at least sixty (60) feet or the current Road Commission for Oakland County's designated right-of-way width for subdivision roads, whichever is greater. No resultant parcel from the land division shall have lot width less than that required in the zone in which the parcel is located.

4.

Construction permits from the Road Commission for Oakland County are required for connection of private roads to county roads. Permits are required from Oakland County Drain Commissioner under the Soil Erosion and Sedimentation Control Act, Act 347 [Part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.)], when applicable. No building permit shall be issued on any private road until such private road is given final approval by the township board following construction. Preexisting parcels on approved existing private roads may be issued one building permit for a single home.

5.

Application for new private road approval shall be made at the same time as a land division application, site condominium application, building permit application, or subdivision application occurs. Applicants shall prepare a general property development plan complying with the requirements of Section 4.18 (for land divisions), Section 4.43 (for site condominiums) of this ordinance or the township subdivision ordinance (for subdivisions).

Prior to approval of any new private road by the township board, the applicant will prepare and provide three sets of:

a.

Construction drawings that meet approval of the township engineer prior to township board approval. If the private road will serve a single parcel or building site that is adequately deed-restricted from further division in a manner acceptable to the township land division committee, following review by township legal counsel, the land division committee may waive the requirement of construction drawings.

b.

Road maintenance/reconstruction agreement signed by the applicant/owner.

c.

Road easement agreement signed by applicant/owner, providing for:

1)

A method of initiating and financing of such road and/or easements in order to keep the road in a reasonably good and usable condition.

2)

A workable method of apportioning the costs of maintenance, reconstruction and improvements to a specified maximum number of parcel owners and/or homeowners at any one time.

3)

A notice that if repairs and maintenance are not made, the township board may bring the road up to class "C" design standards and assess owners of parcels on the private road for the improvements, plus an administrative fee in the amount of twenty-five (25) percent of total costs. In the event further land divisions are proposed on an existing private road, such divisions may only occur with frontage as measured along an approved existing private road or a new private road.

4)

A representation that no public funds of the Township of Addison are to be used to build, repair, reconstruct or maintain the private road.

5)

Easements to the public for purposes of emergency and other public vehicles for whatever public services are necessary for access.

6)

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 other owners except by mutual agreement of all involved in the use of the road. Normal ingress and egress and use shall include use by family, guests, invitees, vendors, tradesmen, delivery persons, and others bound to or returning from any of the properties having a need for use of the road.

7)

A limitation on the maximum number of parcels/building sites to be served by the easement.

6.

The township engineer shall review the plans of the new private road and forward a recommendation of approval, approval with conditions, or denial (with reasons) to the township board. When new private road plans are approved by the township board, a construction permit will be issued by the township clerk and/or supervisor. The township engineer will inspect and review the road during construction. Upon completion of construction of the road, a site inspection of the road including proper placement of any stop sign(s) and street identification sign(s) will be made by township engineer who shall forward his recommendation to the township board who shall be responsible for considering final approval. If final approval contains conditions, the approval shall not be considered final until all conditions have been met to the full satisfaction of the township board.

7.

All private roads shall be designated as such and shall be appropriately signed by the property owner. The township clerk shall check with the county to avoid a duplication of names and give approval of [the] same.

8.

An application fee is to be established by the township board. Before final approval of the cost of review of plans and inspection by the township engineer of the private road and drainage shall be paid for the by the applicant/developer.

9.

Extensions of private roads.

a.

Approved existing private road. Approved existing private roads shall be allowed to be extended in the same manner as the original approved existing private road. Any approved existing private road may apply at any time for township extension approval. Extensions shall be limited to existing parcels that are contiguous to the approved existing private road easement as the original road easement exists according to the existing approved easement prior to the application. Existing parties to any existing road maintenance agreement must agree to any proposed extension by providing a preapproved (by township) road maintenance agreement for the extension in addition to the original length of the private road. (All extensions [which shall be considered a part of the existing road for purposes of maximum length] and the resultant extended road must comply with all of the requirements of [this] Section 4.19.) Any extension of an approved existing private road can only occur on a conforming parcel (complies with all provisions of this zoning ordinance [300]) and extension can only be to a conforming parcel.

b.

Existing easement access. Unless an easement has been reserved and approved by the township or a preexisting township-approved road maintenance agreement identifies a proposed extension, no existing easement access shall be extended unless the extension and original easement access are altered to comply with all of the requirements of [this] Section 4.19, including maximum length for the entire road.

c.

New private road. Unless an easement has been reserved and approved by the township board, or a preexisting township-approved road maintenance agreement identifies the proposed extension, no new private road shall be extended after it is approved by the township board. All extensions must comply with all of the requirements of [this] Section 4.19, including maximum length for the entire road.

10.

All purchasers of property where a private road provides access to the premises shall, prior to closing of the sale, receive from the seller a notice of easement, in recordable form, substantially conforming to the following:

This parcel of land has private road access across a permanent sixty (60) foot easement which is a matter of record and a part of this deed.

This notice is to make purchaser aware that this parcel of land has egress and ingress over this easement only.

Neither the county nor [the] township has any responsibility for maintenance or upkeep of any improvement across this easement. This is the responsibility of the owners of record. The United States mail service and the local school district are not required to traverse this private improvement and may provide service only to the closest public access. (Public Act No. 139 of 1972 [MCL 247.391 et seq.] as amended.)

11.

No fences, structures, and similar elements are permitted within the private road easement.

12.

Any parcel across which a private road easement is proposed shall meet the minimum road frontage and lot width requirement on a public (not private) road of the zoning district wherein the parcel to be traversed is located.

13.

Maximum private road length. The maximum private road segment length (distance between intersections of private road segments as measured along road centerlines) and length of cul-de-sac shall be eight hundred (800) feet. Public roads may be used for parcels that require lengths in excess of that which is allowed for private roads. A road segment is a length of private road that serves at least four (4) parcels exclusively (no direct access to another portion of a private road). Private road segments (non-cul-de-sac segments) in land divisions, subdivisions and site condominiums may not exceed one thousand six hundred (1,600) feet unless a variance is granted for the minimum variance necessary if multiple access/egress points to the segment and subdivision/site condominium are provided to the development for each and every phase of the development. Private road standards shall be used in any underlying plan (conventional or parallel plan) as provided in Section 25.03.

14.

The width of a proposed private road shall not be considered a part of the minimum lot width requirements of this zoning ordinance.

15.

The intersection of a private road with a public road and the intersection of private road segments with other private road segments (intersection to intersection) shall be at right angles or as nearly as possible to right angles as conditions permit. Intersections with offsets of less than one hundred twenty-five (125) feet should be avoided where possible. A private road intersection with a public road shall be at least one hundred twenty-five (125) feet from any portion of another private road. Private road and accessway easements should be offset from adjacent property lines at least sixty (60) feet to allow for parallel private roads and minimization of turning conflicts.

16.

Cul-de-sac road length shall not exceed eight hundred (800) feet unless no more than four (4) existing or proposed parcels or future divisions or building sites are created from the parent parcel or served by the cul-de-sac road. Parcels with potential access to both a public and proposed private road shall be considered to have access to the proposed private road unless a parcel contains a home and preexisting driveway. For purposes of this provision, the proposed number of divisions shall apply to the parent parcel from which the divisions are proposed and over which a private road (including accessway is proposed). A limitation on future divisions for building site purposes shall be imposed by the township board as part of private road approval, which limitation shall be so recorded in parcel deeds following review and approval of the proposed deed restrictions by township legal counsel.

17.

Private road configurations that serve more than twenty-five (25) lots, parcels, or condominium units shall provide an alternate access (private road access) for purposes of public safety. A boulevard entrance shall not qualify as the alternative access. The alternate access shall be provided as far as possible from the origin of the private road (intersection with public road) and shall provide maximum alternate access to as many lots, parcels or condominium units as practicable.

18.

Parcels which front on a public (not private) road may meet the frontage requirements of Section 4.17 for up to four (4) building sites or parcels through the calculation of frontage on an easement (accessway) which meets the following requirements:

a.

Each easement shall be recorded with the county register of deeds with a maintenance agreement, the form and content of both (easement and maintenance agreement) shall be acceptable to the township board and approved by the township board following review by township legal counsel at the applicant's expense.

b.

Each accessway shall be submitted for approval of the township engineer for compliance with recommended standards for design, construction and drainage.

c.

Each easement shall be twenty (20) feet in width for the finished travel surface and provide for adequate drainage and any required drainage easement, as reviewed and recommended by the township engineer.

d.

Parcels which had an easement which crosses a parcel which fronts on a public (not private) road, which preexists the date of adoption of this amendment [section], may be utilized for up to four building sites under the provisions of this section and upon issuance on any minimum variance necessary from the zoning board of appeals.

e.

Land divisions that are proposed to be accessed from an accessway shall be submitted simultaneously with the accessway, application and construction drawings.

f.

Approvals of accessways shall be by the township board following review and recommendation by the township planning consultant, township engineer and township fire department.

g.

Land divisions which are approved conditioned upon an accessway shall be considered denied (for lack of zoning ordinance compliant access) unless approval of an accessway is granted.

h.

Parcels that utilized this subsection shall be deed restricted in a manner acceptable to the township board following review by township legal counsel, at applicant's expense, which prevents further divisions of building sites.

i.

Nothing in this section shall allow the extension of a private road, creation of an accessway from a private road, or access across a parcel which does abut a public (not private) road, unless such parcel is combined with a preexisting parcel in a manner which conforms to this Zoning Ordinance [300 (this ordinance)].

j.

The accessway shall be constructed to comply with private road standards (shall meet or exceed standard "C" type described in the cross section drawing of the Road Commission for Oakland County, [including the cul-de-sac radius for a private road] dated 12-14-[19]72 [except for easement width and any design modification recommended in Subsection "f" above and approved by the township board] when the second parcel is served by the accessway.

(Ord. of 5-16-2005; Ord. No. 17-01, 9-18-2017)

No human excreta or domestic, commercial or industrial wastes shall be deposited on the surface of any premises in the township. Where a sewer system is available, all sanitary fixtures such as water closets, lavatories, catch and slop sink, laundry trays and bathtubs shall be connected to such system. Where a sewer is not available, all facilities used in connection with the disposal of human excreta and water-carried wastes shall be connected with and the wastes there from discharged into a private disposal system, the operation and location of which complies with the requirements of the Oakland County Health Department and which creates neither a nuisance nor pollutes a stream or lake or a water supply. The provisions of this section shall not relieve a property owner from fully complying with all requirements of any other township ordinance.

No outside privy shall be permitted for new construction and/or any changes of occupancy; provided, however, that temporary use of outside privies shall be permitted during periods of construction pursuant to a valid building permit.

Accessory buildings in all districts shall be subject to the following regulations, except when specifically provided otherwise in this ordinance:

1.

General requirements.

a.

No accessory structure or use shall be constructed or established on a parcel unless there is a principal building, structure, or use being legally constructed or already established on the same zoning lot. An accessory structure may be erected when no primary structure exists provided that a building permit for a primary structure has been issued. The building official may allow the establishment of an accessory structure without a principal structure (or permit to construct a primary structure) upon making the following written findings:

1)

Said accessory structure legally exists and will become illegal under [this] Section 4.21 due to a proposed land division, primary structure demolition or similar circumstances; or

2)

Compliance with Section 4.21 would require removal of said accessory structure; or

3)

The absence of a primary structure is of a demonstrably temporary nature; and

4)

The lot is two (2) acres or more in area.

b.

All accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards, where specified in this ordinance.

c.

Accessory buildings which are connected to or within ten (10) feet of the principal building shall be considered a part of, and subject to the same yard setback requirements, as that principal building.

d.

At such time as any accessory building is structurally attached in any way to a principal building, it shall cease to be considered an accessory building but shall be considered a part of the principal building and shall be subject to all requirements of this ordinance, and all building codes, which are applicable to the principal building to which it is attached.

e.

In the case of double frontage and lake lots, such accessory buildings shall be restricted to the central one-third (⅓) of the lot. The central one-third (⅓) of the lot shall be measured from within the lot lines, lot lines having the meaning as defined in Article 2. Additionally, in the case of lake lots, accessory buildings shall only be located in the side or rear yard and no accessory building shall be located closer than five (5) feet to the side lot line or twenty-five (25) feet to the rear lot line. On a corner lot, accessory buildings shall not project into a corner side yard or into the required corner side yard.

f.

An accessory building or structure with dimensions less than ten (10) feet by ten (10) feet by ten (10) feet shall not require a building permit provided that said building or structure meets all yard requirements for accessory buildings set forth in this ordinance, including, without limitation, Paragraph e [1.e.] of this section.

g.

An accessory garage or barn may be constructed simultaneously to a principal use building when the building permit for the principal use has been issued and work on said principal use is undertaken and maintained.

h.

In no instance shall an accessory building be located within a road easement or right-of-way.

i.

Accessory buildings shall be subject to all applicable codes and ordinances regarding construction, installation and operation.

j.

Natural feature setback: All structures shall be set back twenty-five (25) feet from all natural feature areas as defined in Article 2 of this ordinance. For site plan applications that require planning commission approval, this setback may be reduced by the planning commission. Other requests for reduction of the setback require a variance granted by the township zoning board of appeals. Both bodies, in approving a reduction in the setback, shall determine that it is clearly in the public interest. In determining whether the setback reduction is in the public interest, the benefit which would reasonably be expected to accrue from the proposed development shall be balanced against the reasonably foreseeable detriments to the natural features. Docks, piers, decks, boardwalks or seawalls may be located within the natural feature setback.

2.

Accessory buildings in the A, R-E, S-E and S-F districts. Unless specifically provided for otherwise elsewhere in this ordinance, accessory buildings in the A, R-E, S-E and S-F districts shall be subject to the following regulations:

a.

An accessory building shall not exceed twenty (20) feet in height.

b.

An accessory building located in the R-E, S-E or S-F district shall meet the minimum yard setback requirements of the district in which the accessory building or structure is located and shall not be located in the front yard.

c.

An accessory building located in the A agricultural district shall be subject to all requirements of this ordinance with the exception of the following:

1)

No accessory building shall be located closer than fifteen (15) feet from any lot line and an accessory building may be located in a front yard provided it is not in the required front yard setback.

2)

Notwithstanding this section, farm-related accessory buildings shall not exceed fifty (50) feet in height, provided that any such accessory building shall meet the setback requirements of a principal building if it exceeds twenty (20) feet in height.

Property Line (see illustrations following definitions, Section 2.02).

d.

The total area of an individual accessory building shall not exceed the following limitations:

e.

Accessory buildings within thirty (30) feet of each other or in any manner connected (including foundations or floors within thirty (30) feet of each other) shall be considered part of an individual accessory building for purposes of this zoning ordinance, and shall be considered an individual accessory building for purposes of calculating maximum total area for an individual accessory building.

3.

Accessory buildings in the R-1, R-2, R-3, MD, and M-P districts. Unless specifically provided for otherwise elsewhere in this ordinance, accessory buildings in the R-1, R-2, R-3, MD, and M-P districts shall be subject to the following requirements:

a.

An accessory building shall not exceed one (1) story or fourteen (14) feet in height.

b.

An accessory building shall not be located in the front yard. An accessory building located in the side yard shall meet the side yard setback requirement of the district in which the accessory building is located. An accessory building located in the rear yard shall not be located closer than five (5) feet to any property line.

c.

An accessory building shall not exceed, in total floor area, the ground floor area of the principal building or structure on that lot or the minimum floor area of the district in which it is located, whichever is greater.

d.

The total area of all residential accessory buildings shall not exceed a total one thousand five hundred (1,500) square feet.

e.

A residential accessory building shall have a concrete floor or pad and rat wall.

Property Line (see illustration following definitions, Section 2.02).

4.

Accessory buildings in the C-1, C-2, M-1, and M-2 districts. Accessory buildings in the C-1, C-2, M-1 and M-2 districts may be constructed to exceed fourteen (14) feet in height, but not higher than the permitted height of principal buildings in those districts, provided such buildings shall comply with all setback requirements for principal buildings in those districts.

5.

Other accessory structures. Structures such as steps, paved terraces, garden walls, and retaining walls shall not be considered accessory structures and may be erected in the required minimum front, side or rear open spaces (see Article 24), subject to the requirements of this ordinance.

6.

Prohibited accessory structures. Accessory structures which are principally constructed of clear plastic, glass or membrane type materials shall be prohibited in residential zones except when used as detached garden houses or noncommercial domestic greenhouses in conformance with Section 4.21.8 below.

7.

Swimming pools. The area of any swimming pool, in-ground or aboveground, and the accompanying deck and/or apron, shall be included in the calculations for lot coverage. Occupied lot area requirements shall apply to pools. Setbacks and other requirements shall be as regulated under this ordinance.

8.

Greenhouses. Garden houses or noncommercial domestic greenhouses shall be permitted as accessory structures subject to setbacks and other requirements as regulated under this section, including area limitations. However, they shall be exempt from the materials and roofing requirements for accessory structures as outlined in Section 4.21.3.h [sic] above. Garden houses or noncommercial greenhouses shall be used for agricultural or horticultural purposes only and shall not be used as accessory storage facilities. Attached greenhouses shall meet requirements identified in [Section] 4.21.1.

Individual mobile homes and other single-family dwelling units may be located in the A, R-E, S-E, S-F, R-1, R-2 and R-3 residential zoning districts which allow single-family residences, subject to the following:

1.

The minimum requirements for lot and width and area, lot coverage, building area and yard setbacks shall be the same as those required for single-family housing in the zoning district wherein the mobile home is located.

2.

A mobile home shall comply with the U.S. Department of Housing and Urban Development (HUD) Mobile Home Construction and Safety Standards [Manufactured Home Construction and Safety Standards], 24 CFR 3280 et seq., and pertinent state statutes and regulations.

3.

All units must be installed on a permanent foundation. At a minimum, this shall include a forty-two (42) inch cement block foundation with cement footings around the complete outside perimeter of the mobile home. For mobile homes, a basement satisfying the same standards as for single-family housing, in accordance with applicable township-adopted codes and ordinances, may be substituted for equivalent portions of the forty-two (42) inch foundation. If the foundation or basement does not meet the mobile home manufacturer's specifications for pillar placement and imposed load capacity, adequate additional support shall be provided. The mobile home shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Construction Code Commission. The towing system, wheels, axles and chassis shall be removed from the mobile home.

4.

A crawl space of not less than twenty-four (24) inches shall be provided between the floor of the unit and the ground level. The crawl space shall not be utilized for storage purposes.

5.

The minimum length, width and floor area requirements for a unit home, including additions, shall correspond to the minimum floor area requirements for the zoning district in which the unit is located. Any additions to a mobile home must be either constructed by a licensed mobile home manufacturer or satisfy the applicable township adopted code and ordinances for single-family residences. Any addition must be similar in appearance, materials and foundation to the mobile home itself.

6.

Utility and service lines, electrical and natural gas service, shall be designed for attachment to the unit using the designs and specifications for single-family housing in accordance with applicable township codes and ordinances. Water and sewer systems shall be approved by the appropriate public authority having jurisdiction. An exterior water faucet is required.

7.

A mobile home site shall comply with the same township-adopted codes and ordinances relative to sidewalk, driveway and parking placement, fencing and area as for single-family housing.

8.

The mobile home 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.

9.

The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six (6) inches on all sides, or alternatively with windowsills or roof drainage systems, concentrating roof drainage at collection points along the sides of the dwelling; and not less than two (2) exterior doors, with the second one being in either the rear or side of the dwelling; and containing steps connected to said exterior door areas or to porches connected to said door areas, where a difference in elevation requires the same.

Compatibility of design and appearance shall be determined in the first instance by the township building inspector upon review of the plans submitted for a particular dwelling. An aggrieved party may appeal to the board of appeals within a period of fifteen (15) days from the receipt of notice of said building inspector's decision. Any determination of compatibility shall be based on the standards as set forth in this ordinance, as well as the character, design, and appearance of one or more residential dwellings located outside of a mobile home park within two thousand (2,000) feet of the subject dwelling, where such area is developed with dwellings to the extent of not less than twenty (20) percent of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one (1) 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 designed home.

10.

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this ordinance pertaining to mobile home parks.

11.

All construction required herein shall be commenced only after a building permit has been obtained in accordance with township regulations.

1.

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon. The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface water runoff from the said premises and abutting lots.

2.

When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades.

3.

Final grade shall require review for approval or denial (with rationale) by the building inspector.

Any building or structure which has been wholly or partially erected on any premises within or outside the Township of Addison shall not be moved to and/or placed upon any premises in the township unless a zoning compliance permit (as required in Section 27.05) and a building permit (if applicable) for such building or structure shall have been secured. Any such building or structures shall fully conform to all the provisions of this ordinance in the same manner as a new building or structure.

Cross reference— Moving of buildings, § 10-61 et seq.

In order to provide adequate protective screening for residential areas adjacent to nonresidential areas, the following regulations shall apply:

1.

Where a C-1, C-2, MD, P-O, M-1, or M-2 district or nonresidential uses abut directly upon a residential district, those districts shall be screened from such contiguous, residentially zoned district by a solid, ornamental masonry wall six (6) feet in height above [the] grade. The planning commission may recommend during site plan review, that an alternative screening be accepted where there is natural vegetation on the subject site to be retained and maintained (with maintenance agreement) or site circumstances (e.g., elevation of terrain compared to surrounding sites) would accommodate an alternative and equally effective screening technique.

2.

Where required walls are provided on the nonresidential side of public alleys, wall requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas.

3.

If a legal commercial or industrial use, existing prior to the effective date of this ordinance, is expanded, enlarged, moved or altered, the protective screening provisions of this section shall be required and enforced.

All fences, walls and other protective barriers (referred to in this section as "fences") of any nature or description shall conform to the following regulations:

1.

The erection, construction or alteration of any fence, wall or privacy screen as defined herein shall be constructed within all municipal codes and shall require a building permit with the following exceptions:

a.

When it does not exceed four (4) feet in height; and

b.

When the value of the erection, construction or alteration does not exceed $500.00.

c.

When any fence, wall or privacy screen is located in the A agricultural district.

2.

Fences in other than A, M-1 or M-2 districts, unless specifically provided otherwise, shall conform to the following requirements:

a.

Fences on all lots of record in all residential districts which enclose property and/or are within a required side or rear yard shall not exceed four (4) feet in height, measured from the surface of the ground, and shall not extend toward the front of the lot nearer than the front of the house unless the location of the fence is approved by the zoning board of appeals, subject to a finding that the fence will not impede pedestrian traffic or interfere with the view, will be compatible with the character of the building and other fences in the area, and can be reasonably maintained.

b.

Fences on recorded lots having a lot area in excess of two (2) acres and a frontage of at least two hundred (200) feet, and acreage or parcels not included within the boundaries of a recorded plat, in all residential districts, are excluded from these regulations.

c.

Fences that enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots, shall not exceed eight (8) feet in height.

d.

All fences hereafter erected shall be of an ornamental nature. If, because of the 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.

e.

Barbed wire, spikes, nails or any other sharp instrument of any kind are prohibited on top or on the sides of any fence, except that barbed wire cradles may be placed on top of fences enclosing public utility buildings or equipment in any district or wherever deemed necessary in the interests of public safety, or protection of private property subject to the approval of the planning commission. Fences that carry electric current shall be permitted only in conjunction with an agricultural use.

f.

Fences shall be maintained in good condition. Rotten or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated.

3.

Fences in the AG [A], M-1 and M-2 districts may be located on property or road right-of-way lines of a lot provided that such fences shall be maintained in a good condition and shall not constitute an unreasonable hazard.

4.

No fence shall be erected, established or maintained on any corner lot that will obstruct the view of a driver of a vehicle approaching the intersection.

Outdoor trash containers shall be permitted in the C-1, C-2, P-O, R, P-I, M-P, MD, M-1 and M-2 districts and for nonresidential (except agricultural) uses in other districts provided that they comply with the following requirements:

1.

Adequate vehicular access shall be provided to such containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby.

2.

A solid ornamental screening wall or fence shall be provided around all sides of trash containers which shall be provided with a gate for access and be of such height as to completely screen said containers.

3.

The trash container(s), the screening wall or fence and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, wastepaper or other debris. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed.

4.

A cement pad shall be poured or placed under the trash container and extend an adequate distance in front of the container to ensure adequate support for vehicle loading/unloading of the container.

1.

All outdoor lighting used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences, and shielded so as not to interfere with the vision of persons on adjacent streets.

2.

Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on adjacent roads or adjacent property.

3.

All illumination of signs and any other outdoor feature shall not be of a flashing, moving or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

It shall be unlawful for any person to install, erect or cause or permit the installation of a permanent or temporary structure (garage or building) on or across an easement of record that will prevent or interfere with the free right or opportunity to use or make accessible such easement for its proper use. Where public utilities now exist, a six (6) foot easement shall be maintained.

No activity or use shall be permitted on any property that by reason of the emission of odor, fumes, smoke, vibration, noise or disposal of waste is deleterious to other permitted activities in the zone district or is obnoxious or offensive to uses permitted in neighboring zoning districts.

The construction, maintenance or existence within the township of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued, pursuant to this ordinance, where such excavations are properly protected and warning signs posted in such a manner as may be approved by the building inspector. This section shall not apply to lakes, streams, natural bodies of water or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the State of Michigan, Oakland County, the township or other governmental agency.

No commercial bulk storage of gasoline or flammable liquids shall be made in tanks or other containers unless said tanks or containers are completely below the ground level.

Cross reference— Fire prevention and protection, ch. 26.

To ensure compliance with this ordinance and any conditions imposed under this ordinance, including conditions of the site plan approval, special approval, cluster development, planned development, private road, land division approval, or temporary and portable buildings, uses, structures and special events approval, the township board, planning commission, zoning board of appeals, land division committee or building official (in the case of temporary approvals under Section 4.16 of this zoning ordinance) may require that financial security acceptable to the township be deposited with the township clerk/treasurer to ensure faithful completion of improvements defined in this section. The following procedures and guidelines shall apply:

1.

The amount of the cash deposit, certified check, or irrevocable bank letter of credit shall cover the estimated cost of improvements associated with a project and other reasonable incidental costs associated therewith, for which approval is sought.

2.

"Improvements" means those features and actions associated with a project which are considered necessary to protect natural resources, or the health, safety, and welfare of the residents of the township and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, landscaping, parking, paving or parking and circulation areas, screening, drainage and other site improvements. "Improvements" does not include the entire project that is the subject of the approval.

3.

The performance guarantee along with a detailed description and schedule of improvements to be completed shall be deposited with the clerk/treasurer prior to the issuance of a certificate of occupancy authorizing use of the activity or project.

4.

The applicant shall be required to provide the performance guarantee or financial security by one or a combination of the following arrangements, whichever the applicant elects:

a.

An irrevocable letter of credit issued by a bank authorized to do business in Michigan in an amount sufficient to cover the cost of the contemplated improvements as estimated by the township.

b.

A cash deposit, or deposit by certified check drawn on a bank authorized to do business in Michigan sufficient to cover the cost of the contemplated improvements as estimated by the township shall be deposited with the clerk/treasurer. The escrow deposit shall be for the estimated time period necessary to complete the required improvements.

5.

In the case of cash deposits, the clerk/treasurer shall rebate or release to the applicant, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project, after approvals described below.

6.

Procedure for obtaining the return or refund of the security:

a.

Certificate by the building department. The applicant shall furnish the clerk/treasurer a letter or document signed by the building inspector indicating satisfactory completion of the required improvements.

b.

Inspection of public improvements by the township engineer or building inspector. After the completion of the construction of any required public improvements, the township engineer or building inspector, or the county, state or federal agency with jurisdiction to grant approval or accept, shall conduct a final inspection and certify compliance with the required public improvements. This inspection shall be made to ensure the improvements are completed according to the approved plans and specifications. The applicant shall furnish the clerk/treasurer with a letter or document signed by the authorized representatives of the applicable agency that indicates acceptance of the public improvements.

7.

In case the applicant shall fail to complete the required improvements work within such time period as required by the conditions or guarantees as outlined above, the township board may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit or certified check, or by drawing upon the letter of credit.

8.

The township may require, prior to the acceptance by the township of public improvements, a maintenance bond acceptable to the township for a period of up to three (3) years in an amount not to exceed thirty-five (35) percent of the total cost of the public improvements.

9.

This section shall not be applicable to improvements for which cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended.

(Ord. No. 14-1, § 2, 4-21-2014)

Satellite antennas shall be permitted as accessory structures in all districts in accordance with the provisions of this section.

1.

The construction or placement of a satellite antenna greater than three (3) feet in diameter shall not commence before a building permit is issued in accordance with this ordinance.

2.

Only one (1) satellite antenna per lot shall be permitted.

3.

All such antennas shall be bonded to a grounding rod.

4.

No satellite antenna shall be:

a.

Located in any front yard open space.

b.

Constructed closer to any lot line than its overall height.

c.

Linked physically or connected in any way with any structure which is not on the same lot.

d.

In excess of fifteen (15) feet in height.

e.

Supported by structural supports other than corrosion resistant metal.

f.

Wired to a receiver except by wires located at least four (4) inches beneath the ground in a conduit.

5.

All such antennas shall be designed to meet wind load standards of the building code, and shall be solid in color.

6.

No satellite antenna shall be constructed upon the roof of any garage, residential dwelling, or any other building or structure, nor shall they be mounted upon independent towers, spires or the like.

7.

In MD, C-1, C-2, P-O, M-1 and M-2 zoning districts, a satellite antenna may be mounted on the roof of any building or structure, subject to all other regulations in this section, provided that no portion of the satellite antenna shall extend above the height limit for principal buildings in the district.

8.

A variance may be granted by the zoning board of appeals from the provisions of this section in cases involving practical difficulties, where the evidence supports that the topographic features or special characteristics of the site create special conditions such that the strict application of this section will prevent the reception of usable satellite signals.

Campers, travel trailers, motorized homes, snowmobiles and trailers of any type, and boats may be parked or stored outdoors in any zoning district on occupied lots subject to the following requirements:

1.

No more than one (1) camper or travel trailer may be parked on a lot of record that is zoned and used for residential purposes, and ownership of same must be in the name of a member of the immediate family of the lot's owner, tenant or lessee.

2.

Campers and travel trailers may be parked anywhere on the premises for loading or unloading purposes for a period not to exceed forty-eight (48) hours.

3.

Campers, travel trailers, snowmobiles, trailers, boats and the like, where parked or stored, shall be located only in the rear yard and, in addition, shall conform to the required yard space requirements for accessory buildings in the zoning district where located.

4.

The maximum permitted lot coverage of all buildings plus any camper, travel trailer, or boat parking or storage space shall not be exceeded.

5.

Recreational equipment parked or stored shall not be connected to electricity, water, gas or sanitary facilities, and at no time shall same be used for living, lodging or housekeeping purposes.

6.

All recreational equipment must be kept in good condition and have a current year's license and/or registration.

Whenever landscaping treatment is required, it shall be in accordance with the specifications of this section unless specifically modified by the planning commission. All plant materials shall be installed within six (6) months of the date of issuance of a temporary certificate of occupancy. In the instance where such completion is not possible, a performance guarantee in an amount equal to the estimated cost of the landscape plan or portion thereof will be deposited in accordance with Section 4.33.

1.

Whenever a greenbelt is required by this ordinance or as a requirement of site plan or special approval, or permitted, it shall be installed so as to provide, within a reasonable time, an effective barrier to vision, light, physical encroachment, and sound. Maintenance shall be required to ensure its permanent effectiveness. Specific planting requirements are:

a.

The planting area will be no less than ten (10) feet in width.

b.

Plant materials shall not be placed closer than four (4) feet to the property line.

c.

A minimum of one (1) evergreen tree shall be planted at twenty (20) foot intervals, and shall have a minimum height of eight (8) feet at planting with alternating rows, minimum of two (2) rows.

d.

An alternate grouping of plant materials of equivalent screening effect may be planted, subject to approval of the planning commission.

2.

Berms required shall be at least two (2) [to] four (4) feet in height and shall have slope no greater than one to two and one half (1:2.5), i.e., one (1) foot of vertical rise for each two and one half (2.5) feet of horizontal distance. The ground surface area shall be seeded, sodded or planted with groundcover, and planted with trees or shrubs.

3.

The owner of landscaping required by this section shall perpetually maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. All diseased and/or dead material shall be replaced within the next appropriate planting season or within one (1) year, whichever comes first.

4.

In the event the owner fails to maintain the landscape area in a neat and orderly manner, free from debris, the building inspector shall mail to the owner a written notice setting forth the manner in which there has been failure to maintain said landscaping and requesting that these deficiencies be cured within thirty (30) days from date of said notice. If the deficiencies set forth in the notice shall not be cured within thirty (30) days, or any extensions thereof granted by the township, the township shall have a right to enter upon such property and correct such deficiencies and the costs thereof shall be charged, assessed and collected from the owner.

5.

In instances where healthy plant materials exist on a site prior to its development, the planning commission may adjust the application of the above standards to allow credit for such plant material if such plant materials are maintained according to Section 4.36.4 and if such an adjustment is in keeping with, and will preserve, the intent of this ordinance.

6.

Whenever landscaping is required, the plant materials will be installed in fertile soil with good surface drainage and provided maintenance as required to ensure their health and permanence.

From and after the effective date of this ordinance or amendment thereto, it shall be unlawful for any person, firm, corporation, partnership, or other organization or entity to engage in or conduct a mining excavation as defined, or to remove, grade or strip any topsoil, sand, clay, gravel or similar material or to use lands for filling and/or stockpiling soil or rock within the unincorporated area of Addison Township without first submitting an application as prescribed to the township board, and procuring a permit thereafter from the building inspector. The following regulations shall be applicable:

1.

Permits. No special permits shall be required for excavation or filling done for building construction purposes pursuant to a duly issued building permit under the Addison Township Building Code.

2.

Application. Prior to the approval and authorization of a permit for removal of soil, sand, clay, gravel or similar materials, excavation or filling operations, the Addison Township Board shall review and approve such application. A separate permit shall be required for each separate site. Each application for a permit shall be made in writing to the building inspector and shall contain the following information:

a.

Names and addresses of parties of interest in said premises setting forth their legal interest in said premises.

b.

Full legal description of the premises wherein operations are proposed.

c.

Location of all buildings on the site and within five hundred (500) feet of the perimeter of the site.

d.

Detailed proposal as to method of operation, what type of machinery or equipment will be used, estimated period of time that such operation will cover, and all haul roads and truck entrance locations to be used.

e.

Detailed statement as to exactly what content and type of deposit is proposed to be extracted or deposited.

f.

Topographical survey map showing existing grades and final grades after, to be prepared by a registered civil engineer. Such survey shall include:

1)

Existing spot elevations on a fifty (50) foot grid system on parcels not exceeding four (4) acres in area and a hundred (100) foot grid system on areas exceeding four (4) acres in area. The contour interval shall not exceed five (5) feet.

2)

Existing spot elevations on the grid system and a line parallel to and exterior to at a distance of twenty-five (25) feet (minimum) from the lot boundary lines in order to indicate existing grade elevations of abutting parcels of land.

3)

Existing and proposed contour lines, drainage swales, storm sewers and methods of stormwater runoff drainage.

g.

Existing roadways, drains, roadway ditches, and existing utilities locations, widths and elevations.

h.

Location of wetlands on site.

i.

Such other information as may be reasonably required by the township board to determine whether a permit should be issued.

3.

Fees. Application for a permit under this section shall be accompanied by a permit fee as established by the township board, the sum of which shall be used to defray administrative expenses occasioned by processing such application. Permits issued by the township under the terms of this section shall be for a period of one (1) year from the date of issuance and shall be renewable upon payment of an annual inspection fee, the sum of which shall be established by the township board. Such permits shall be renewed as herein established, provided the permit complies with all the provisions of this ordinance and other conditions set forth in the permit.

4.

Issuance of permit. The township board shall review, and approve or disapprove said application. A permit shall be issued only if the board has determined that issuance of the permit would not detrimentally affect the public health, safety, morals and general welfare of the township.

5.

Mandatory requirements. The following requirements shall be mandatory:

a.

Mining excavations.

1)

Where an excavation in excess of five (5) feet will result from such operations, the applicant shall erect a fence with warning signs completely surrounding the portion of the site where the excavation extends; said fence will be wire mesh or other suitable material and is to be not less than five (5) feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.

2)

When mining operations cease, the entire excavation shall be fenced with a suitable fence, as required in [Subsection 5.a]1) above, approved by the township board upon which there shall be placed and maintained appropriate signs warning the public of danger.

3)

When mining operations result in a body of water, the owner, operator and/or permittee shall place appropriate "KEEP OUT—DANGER" signs around said premises not more than two hundred (200) feet apart.

4)

Any roads used for the purpose of ingress or egress to said excavation site which are located within three hundred (300) feet of occupied residences shall be kept dustfree by hard-topping with cement, bituminous substance or chemical treatment.

5)

No cut or excavation shall be made closer than one hundred (100) feet from the nearest street or highway right-of-way line nor nearer than five hundred (500) feet to the nearest residence, nor closer than one hundred (100) feet to any property line; provided, however, that the township board may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant it.

6)

The required slope of the banks within the second one hundred (100) feet measuring from the near edge of a public highway, or within the second one hundred (100) feet measuring from the property line of an adjoining landowner, shall not exceed a minimum of one (1) foot vertical drop to each seven (7) feet horizontal and where permanent ponded water results from the mining operation the slope of all banks adjoining the pond must be maintained at the one to seven (1:7) ratio above and must be extended into the water of such permanent pond to a water depth of at least five (5) feet.

7)

The township board may require such other performance standards where, because of peculiar conditions, they deem it necessary for the protection of health, safety, morals and well-being of the citizens of Addison Township.

b.

Stripping or removal operations.

1)

No soil, sand, gravel, clay or similar materials shall be removed below a point twelve (12) inches above the mean elevation of the centerline of the nearest existing or proposed street or road established or approved by the Oakland County Road Commission, except as required for the installation of utilities and pavements; provided further that where approved county drain ditches exist and/or are adjacent to the property under permit, that the grade and slope of removal will meet all requirements and approval of Oakland County Drain Commissioner.

2)

Any roads used for the purpose of ingress or egress to said excavation site which are located within three hundred (300) feet of occupied residences shall be kept dustfree by hard-topping with cement, bituminous substance or chemical treatment.

3)

No soil, sand, clay, gravel or similar materials shall be removed in such manner as to cause water to collect or to result in a place of danger or a menace to the public health or safety. The premises shall at all times be graded so that surface water drainage is not interfered with.

4)

Wherever topsoil exists, suitable for growing turf or for other land use, at the time the operations begin a sufficient quantity of topsoil shall be stockpiled on said site so that the entire site, when stripping or removal operations are completed, may be recovered with a minimum of four (4) inches of topsoil and the replacement of such topsoil shall be made immediately following the termination of the stripping or removal operation. In the event, however, that such stripping or removal operations continue over a period of time greater than thirty (30) days, the operator shall replace the stored topsoil over the stripped areas as he progresses. Such replacement shall be in a manner suitable for growing turf or for other land uses.

5)

The township board may require such further requirements as are deemed necessary in the interest of the public health, safety, morals and general welfare of the citizens of Addison Township.

c.

Filling operations.

1)

The filling of land with rubbish or garbage or any other waste matter is hereby prohibited in all unincorporated areas of Addison Township except as may be permitted under Section 22.04 of this ordinance and Section 58, the Addison Township Solid Waste Ordinance.

2)

No soil, sand, clay, gravel or similar materials shall be deposited in such manner as to cause water to collect or to result in a place of danger or a menace to the public health.

3)

The township board may require a temporary fence to be erected to prevent the scattering of fill materials.

4)

The building inspector may waive the regulations for filling operations and the review by the township board and conduct an independent review to permit those filling operations which meet the following requirements:

a)

The fill material does not include garbage, rubbish, or any other waste matter.

b)

The actual area on which the filling operation is to be performed does not exceed ten thousand (10,000) square feet and does not lie within fifteen (15) feet of any property line.

c)

The fill does not alter the topography of drain easements or other public or private easements of record or cause an increase in stormwater runoff to adjacent properties. Final grades of the perimeter of the filled area must be compatible to existing grades off-site.

d)

All applicable requirements of the Michigan Department of Natural Resources and Michigan Department of Environmental Quality must be met.

5)

The township board shall, to ensure strict compliance with any regulations contained herein and required as a condition of the issuance of a permit either for mining, topsoil stripping and removal or filling operations, require the permittee to furnish a surety bond executed by a reputable surety company authorized to do business in the State of Michigan in an amount determined by the township board to be reasonably necessary to ensure compliance hereunder. In fixing the amount of such surety bond, the township board shall take into account the size and scope of the proposed operation, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions as may be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application.

Recreational ponds, scenic ponds, and agricultural or farm ponds are considered a favored use in Addison Township and may be permitted on lots which have a minimum area of two acres in the A, S-E, R-E and S-F districts, subject to the following:

1.

Ponds, unless otherwise determined by the board of appeals, shall be considered to be excavations more than two (2) feet in depth and/or more than one thousand (1,000) square feet in area.

2.

A pond shall have a maximum area of three thousand (3,000) square feet for every one (1) acre or fraction thereof of gross land area of the lot on which the pond is located.

3.

There shall be a minimum setback from the edge of the excavation to all dwellings and structures of at least one hundred (100) feet.

4.

There shall be a minimum setback from any septic tank and/or tile disposal field of at least one hundred (100) feet.

5.

There shall be a minimum setback from any telephone, electrical or other utility line of at least one hundred (100) feet.

6.

Ponds shall be constructed and excavated material located in such a manner that overflow, spillage or seepage encroachment on property owned by another person [does not occur].

7.

At the request of the Addison Township Building Official a site plan shall be provided showing the details of any sodding, drainage and landscaping (if applicable) of the banks of the pond and the surrounding affected areas. The site plan shall also provide the proposed or existing location and dimensions of the pond, the location of all property lines, the location of all dwellings and structures within one hundred (100) feet, the location of all utilities including utility lines, wells and septic systems, location of lifesaving devices, and topographical information of appropriate contour intervals which clearly indicate existing and proposed finished elevations for both the pond and spoilage area. The site plan may be requested at any time.

Bed and breakfast inns may be permitted in A, R-E, S-E, S-F, R-1 and MD districts after special approval is granted by the planning commission in accordance with the procedures, requirements, and standards set forth in Article 30, and subject to any conditions imposed by the planning commission, provided that the following minimum requirements are met:

1.

The owners or operators shall be permanent residents of all such inns which shall remain as single-family homes in appearance and shall have no internal or external structural alteration such as an enlargement of the kitchen for volume food service.

2.

Off-street parking shall be provided for the households and guests as follows: Two (2) parking spaces plus one (1) additional space per room to be rented.

3.

There shall be ample open space other than that required to accommodate the required off-street parking. Natural screening by use of plant material or other screening may be required to screen parking areas from adjoining residential properties. Off-street parking in front yard areas shall not be permitted.

4.

Food may only be served in an inn to those persons renting an inn room only during their stay at the inn.

5.

An inn shall not have or be converted to more rental rooms than the number of bedrooms which exist at the time of enactment of this ordinance and the maximum number of rooms that may be rented at one time shall not exceed five (5).

6.

There shall be no signs except that one wall sign not to exceed a total area of eight (8) square feet shall be permitted for identification purposes only.

7.

The lot location shall be such that at least one (1) property line abuts a collector street or minor thoroughfare as indicated on the township master land use plan.

1.

Intent and rationale. In the development and execution of this ordinance and this Section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious, objectionable operations characteristics, particularly when several of them are concentrated under certain circumstances, thereby having deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting, deteriorating and/or downgrading of the area or areas adjacent thereto. These special regulations are itemized in this section. The planning commission is aware by the testimony and report adopted by reference of an experienced planner regarding concentration of such uses that control or regulation is for the purpose of preventing a concentration of these uses in any open area, i.e., not more than one such use within seven hundred fifty (750) feet of another such use.

2.

Itemization of "adult regulated uses." Uses subject to the controls set forth in this section shall be as follows, and are referred to herein as "adult regulated uses":

a.

Adult bookstore.

b.

Adult mini motion picture theater or live stage performing theater.

c.

Adult motion picture theater or live stage performing theater.

d.

Amusement gallery.

e.

Cabaret.

f.

Halfway house.

g.

Massage parlor (an individual engaged as a licensed masseuse shall not be considered a massage parlor operation).

h.

Modeling studio.

3.

Adult regulated uses; definitions. As used in this ordinance, the following definitions shall apply to adult regulated uses:

a.

Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and/or photographs, drawings, slides, films, videotapes, recording tapes, and novelty items which are distinguished or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.

b.

Adult mini motion picture theater or live stage performing theater: An enclosed building with a capacity for less than fifty (50) persons used commercially for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.

c.

Adult motion picture theater or live stage performing theater: An enclosed building with a capacity for less than fifty (50) persons used commercially for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.

d.

Amusement gallery/arcade: Any business which provides on its premises four (4) or more machines which upon the insertion of a coin, slug or token may be operated for use as a game, contest, or amusement of any description, not including musical devices.

e.

Cabaret: An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or females or similar entertainers or topless and/or bottomless waitresses or employees.

f.

Halfway house: A facility established by the Michigan Department of Corrections in connection with a jail, prison, or other correctional institution or facility as a residence for three (3) or more persons committed to the jail, prison, or correctional institution prior to full release from supervision including any period of parole.

g.

Massage parlor: A building, room, place or establishment other than a regularly licensed hospital or dispensary where nonmedical and nonsurgical manipulative exercises are practiced on the human body for other than cosmetic or beautifying purposes with or without the use of mechanical or bathing devices by anyone not a physician or surgeon or similarly registered status.

h.

Modeling studio: An establishment which furnishes facilities to the public for the taking of photographs of males and/or females with specified anatomical areas, as defined below, exposed or makes such models available for any other purposes.

i.

Specified anatomical areas are defined as:

1)

Less than completely and opaquely covered:

a)

Human genitals, pubic region;

b)

Buttock;

c)

Female breast below a point immediately above the top of the areola; and

2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

j.

Specified sexual activities are defined as:

1)

Human genitals in a state of sexual stimulation or arousal.

2)

Acts of human masturbation, sexual intercourse or sodomy.

3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

4.

Requirements.

a.

The adult regulated use shall be located only in a C-2 commercial district—general.

b.

The structure of any adult regulated use shall be at least seven hundred fifty (750) feet from the nearest property line of any public, private or parochial school, library, park, playground or other recreational facility which admits minors, day care center, family day care home, or nursery schools; and at least seven hundred fifty (750) feet from the nearest property line of any church, convent, monastery, synagogue, or other similar place of worship, except as provided below.

c.

Application to establish any adult regulated use shall not be approved if there is already in existence, or a site plan approved and effective, for one (1) or more adult regulated uses within seven hundred fifty (750) feet of the boundaries of the site of the proposed adult regulated use, except as provided below.

d.

The measurement used to determine the application of any of the above restrictions shall be made from the nearest boundary line of the proposed adult regulated use on a plane to the nearest boundary line of the use in connection with which the measurement is being taken.

5.

Application and review.

a.

Any person desiring to establish an adult regulated use shall submit an application for special approval to the township clerk, who shall place the application on the planning commission agenda for formal receipt at the next regular meeting.

b.

A date for a public hearing shall be set by the planning commission. The public hearing of the planning commission shall be conducted as soon as reasonably possible, and in any event shall not exceed forty-five (45) days from the filing of the application.

c.

Notice of public hearing shall be published, mailed and delivered as required by Section 30.03 of this ordinance.

d.

The planning commission shall approve the application at the public hearing if all of the following findings are made:

1)

All locational requirements of this section are met.

2)

The site layout, and its relation to streets giving access to it, shall be such that vehicular pedestrian traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be clearly hazardous, dangerous, or inconvenient to the neighborhood. In applying this standard, the planning commission shall consider, among other things: convenient routes for pedestrian traffic, the relationship of the proposed use to main vehicular traffic thoroughfares and to streets and road intersections, and the general intensity of the existing and potential development of the neighborhood. The planning commission shall determine that the proposed use will not be a clear detrimental effect.

3)

The proposed use will not clearly cause a nuisance, and/or harm the public health, safety and general welfare, and/or cause an unreasonable diminution to the value of other property in the immediate area.

e.

The planning commission shall waive the locational provision requiring minimum distances between adult regulated uses and a public, private or parochial school, library, park, playground, or other recreational facility, which admits minors, day care center or nursery school, church, or other similar place of worship, if all of the following findings are made after public hearing:

1)

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this ordinance will be observed; and

2)

That the proposed use will not contribute to, create, enlarge and/or encourage a blighted or deteriorated area; and

3)

That all applicable regulations of this ordinance will be observed; and

4)

There is no other reasonable location in the township at which the use is suited.

f.

Prior to granting a permit for any adult regulated use, the planning commission may impose any such conditions or limitations authorized by law in connection with the grant of special approval of uses in accordance with Article 30 of this ordinance.

6.

Discontinuance. An adult regulated use granted pursuant to the terms of this ordinance may not be reestablished after discontinuance for a period of ninety (90) consecutive days without a new grant of approval by the planning commission.

Unless specifically provided otherwise in this ordinance, all business, servicing or manufacturing, except for permitted farming uses and off-street parking and loading, shall be conducted within a completely enclosed building; and no outdoor storage or display of any kind shall be permitted. The planning commission may permit an exception to the regulations of this section upon good cause, only after special approval is granted by the planning commission in accordance with the procedure, requirements and standards set forth in Article 30, and subject to any conditions that the planning commission may wish to impose.

1.

Findings pertaining to signs. It is hereby determined that regulating the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to prevent wasteful use of natural resources in competition among businesses for attention, to prevent hazards to life and property and to assure the continued attractiveness of the community and protect property values. It is further determined that signs which may lawfully be erected and maintained under the provisions of this ordinance are consistent with customary usage.

2.

Definitions.

a.

On-premises sign means a sign that advertises only goods, services, facilities, events or attractions available on the premises where located, identifies the owner or occupant or directs traffic on the premises. All other signs are off-premises signs.

b.

Premises means a lot as otherwise used in this ordinance.

c.

Political signs: A sign commenting on the election or appointment of a person, or an issue or a matter to be voted upon by a public body.

d.

Street frontage means the length of that portion of a lot that is considered the front lot line as defined in this ordinance.

e.

Interior sign: A sign that is visible from any public street, sidewalk, alley, park or public property and located within a building.

f.

Occupational sign: A sign denoting only the name and profession of an occupant.

g.

Site identification sign: A sign listing the names and addresses only of the establishments occupying a development or subdivision. The erection of such identification signs is so intended to assist the public in locating establishments within its immediate area and shall be placed upon property within the development or subdivision.

h.

Wall sign: A sign attached to, painted on, inscribed, or otherwise set upon the exterior wall or surface of any building, no portion of which projects more than eighteen (18) inches from the wall, and which may not project above the roof or parapet line. The roofline shall mean the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and the average height between eaves and ridge boards for gable, hip and gambrel roofs.

i.

Ground sign: A freestanding sign supported by one (1) or more uprights, poles, pylons or braces placed in the ground and not attached to any building or other structure.

j.

Temporary sign: An information sign, or banner, with or without a structural frame, intended for a limited period of display, including decorative displays for holidays or public demonstrations, special events and sales, not including signs pertaining to sale, rent, or lease of property.

k.

Changeable message extension sign: A sign panel extending from a ground sign whereon a changeable message is displayed.

l.

Institutional bulletin board: An on-[premises] or off-premises structure containing a surfaced area upon which is displayed the name of a religious institution, school, library, community center or similar institutions, and the announcement of its services or activities.

3.

District regulations.

a.

Signs permitted in the A district. On-premises signs are permitted having an area not exceeding one (1) square foot for each ten (10) feet of street frontage with a maximum of sixty (60) square feet for each sign. Signs permitted in this district are exempt from the front setback requirements.

b.

Signs permitted in the S-E, R-E, S-F, R-1, R-2, R-3, MD and M-P districts. One (1) sign identifying each subdivision, multiple complex or mobile home park per vehicle entrance, having an area not exceeding twenty (20) square feet and a height not exceeding six (6) feet, is permitted. During development of a subdivision or other property for a period not exceeding two (2) years, one (1) sign, having an area not exceeding twenty (20) square feet and a height not exceeding twelve (12) feet, is permitted in the subdivision, together with signs having an area not exceeding six (6) square feet each and a height not exceeding six (6) feet, directing the public to or identifying models. Signs permitted in this district are exempt from the setback requirements.

c.

Signs permitted in the C-1, C-2, P-O, and R districts. Total sign area per premises shall not exceed one hundred sixty-four (164) square feet except as otherwise provided below:

1)

Wall signs are permitted, not to exceed three (3) square feet of area for each ten (10) feet of street frontage, or thirty (30) square feet for each acre or fraction thereof of the premises, whichever is greater. In no event shall the total area of wall signs per premises exceed one hundred (100) square feet.

2)

No premises may have more than one (1) ground sign. A ground sign shall not exceed sixty-four (64) square feet in area or twelve (12) feet in height. However, a premises in the C-1 or C-2 zoning district with eight hundred (800) feet of road frontage or more may have a second ground sign, with the following restrictions:

a)

A permitted second ground sign shall be limited to two-thirds (⅔) the area of the first sign and no greater than ten (10) feet in height;

b)

The second sign must be of the same design format as the primary ground sign;

c)

If a second ground sign is permitted under Subsection 4.42 for a corner lot, a third sign shall not be permitted under this subsection.

3)

Where any premises has more than one occupant, as in a shopping center, permitted area shall be divided among them in the same proportion of floor space and outdoor sales space as is occupied by them.

Where any premises has more than one occupant, as in a shopping center, the following area may be permitted.

a)

One freestanding ground sign may be allowed per premises provided it does not exceed twelve (12) feet in height or eighty (80) square feet in copy area.

b)

When a development is located on a corner and has exposure to two (2) or more major thoroughfares, a second sign may be permitted provided the following conditions are met:

i.

The second sign must be of the same design format as the primary ground sign.

ii.

The total sign area for all permitted ground signs shall not exceed one hundred thirty (130) square feet.

iii.

There shall be no more than one (1) sign per street.

4)

A ground sign shall not be located closer than one hundred (100) feet to any residential district.

5)

Interior signs (no permit required): An additional area of interior signs not to exceed thirty (30) percent of the window area shall be permitted. The intent of this provision is to protect the public health, safety and general welfare, to facilitate efficient policing, and to expedite fire protection.

e.

Additional signs permitted in the M-2 district. Off-premises signs are permitted in addition to on-premises signs, having an area not exceeding six (6) square feet for each ten (10) feet or fraction thereof of street frontage, or sixty (60) square feet for each acre or fraction thereof of the premises, whichever is larger, provided that no off-premises sign shall exceed two hundred (200) square feet in area. Area limits for off-premises signs shall be in addition to those for on-premises signs, but not more than one (1) off-premises sign shall be erected or maintained on any premises.

4.

Other sign provisions.

a.

Sign height. No sign shall project above the maximum height limitation of the zoning district in which the premises in [is] located unless otherwise specified in this ordinance. Note: The maximum height of business signs are determined by the maximum height limitation of the zoning district as provided in Section 4.42 of the ordinance.

b.

Exemptions from sign regulations. Signs having an area of not more than six (6) square feet each, the message of which is limited to warning of any danger, prohibition or regulation of the use of property or traffic or parking thereon; signs located on motor vehicles or trailers bearing current license plates which are traveling or lawfully parked upon public highways, or lawfully parked upon any other premises where the primary purpose of such parking is not the display of any sign and where the number of vehicles bearing a sign or signs of any one advertiser does not exceed one (1); church or institutional bulletin board without interior illumination having an area not exceeding thirty-two (32) square feet; on any election day, signs advocating or opposing a candidate for public office or a position on an issue to be determined at the election located at least one hundred (100) and not more than two hundred (200) feet from any entrance to a polling place; signs visible only from the premises on which located or visible off the premises only through a window or windows; signs posted by duly constituted public authorities in pursuance of their public duties are exempt from regulation under this ordinance.

c.

Temporary signs. Temporary signs other than political signs covered under Subsection 4.42.4.1 shall be authorized by the building inspector if the following standards are met:

1)

Permit shall be limited to a duration of not more than one (1) month;

2)

The proposed sign or signs are for the direction and/or information of the public or to promote a special event or sale and not contrary to the spirit and purpose of this ordinance;

3)

No single business or organization shall be issued more than three (3) temporary sign permits in any one (1) calendar year; no extensions to the one (1) month time restriction shall be granted;

4)

A written permit shall be submitted which shall show the size, shape, content, height, number, type of construction, area and location of such signs and the time period requested for display;

5)

The applicant shall make payment of a fee set by the township board for each permit and renewal;

6)

If such signs are placed on public right-of-way property the building inspector shall remove them forthwith and without notice;

7)

Temporary signs shall not be either internally or externally illuminated, and shall not have balloons, streamers, banners, windcatchers, or similar materials attached to them;

8)

Temporary signs shall be constructed of durable and weatherproof materials and otherwise be designed to endure for the length of time for which it is proposed to be installed. Petitioner for a temporary sign permit shall agree in writing to maintain the sign in a neat and readable condition;

9)

No more than two (2) temporary signs shall be permitted in any multi-occupant development, including shopping centers, at one time;

10)

Temporary signs shall be limited in sign area (each side) to forty (40) square feet.

d.

Nonconforming signs.

1)

It is intended to eliminate nonconforming signs, except as otherwise specifically set forth in this section, as rapidly as the police power of the township permits. Nevertheless, any lawfully erected sign and maintenance of which is made unlawful by this ordinance may continue to be maintained exactly as such existed at the time when the maintenance thereof became otherwise unlawful under the provisions of this ordinance.

2)

No nonconforming sign:

(a)

Shall be changed to another nonconforming sign;

(b)

Shall have any changes made in the words or symbols used or for message displayed on the sign unless the sign is an off-premises advertising sign, or a bulletin board, or a substantially similar type of sign, specifically designed for periodic change of message;

(c)

Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;

(d)

Shall be reestablished after the activity, business or usage to which it relates has been discontinued for sixty (60) days or longer; or

(e)

Shall be reestablished after damage or destruction if the estimated expense of reconstruction exceeds fifty (50) percent of the reproduction cost.

3)

The zoning board of appeals shall permit variances from Subsection 4.42.4.d.2 of this section or variances permitting the erection or maintenance of a nonconforming sign only upon the grounds established by law for granting of zoning variances upon a finding that the grant of a variance will reduce the degree of nonconformance of an existing sign or will result in the removal of one or more lawfully nonconforming signs and replacement by a sign or signs more in keeping with the spirit, purpose and provisions of this ordinance.

e.

Obsolete signs. It is unlawful to maintain for more than thirty (30) days any sign which has become obsolete because of discontinuance of the business, service or activity which it advertises, removal from the location to which it directs or for any other reason. The fact that an obsolete sign is nonconforming shall not be construed as modifying any of the requirements of this section.

f.

Permission of owner or occupant. It is unlawful to erect or maintain any sign on any property, public or private, without the consent of the owner or occupant thereof.

g.

Restrictions on movement. It is unlawful to erect or maintain any sign, except a cloth flag moved only by natural wind, which moves or has any visible moving or animated parts or image, whether movement is caused by machinery, electronics or otherwise, including swinging signs. It is unlawful to erect or maintain strings of flags or streamers.

h.

Illumination. It is unlawful to erect or maintain any illuminated sign where the light source moves or is not of constant intensity and color, or where any lightbulb can shine directly into the eyes of any occupant of any vehicle traveling upon any highway, driveway or parking area or into any window of any residence, or where the illumination interferes with the visibility or readability of any traffic sign or device.

i.

Exceptions. Subsections 4.g and 4.h shall not be applied to prevent the erection or maintenance of holiday lights each year, or signs that convey changing information such as time or temperature.

j.

Signs located on or projecting over public property. It is unlawful to erect or maintain any sign on, over or above any public land or right-of-way if any part of such sign extends more than four (4) feet over such land or right-of-way, is less than nine (9) feet above ground level or has an area exceeding eight (8) square feet. Signs placed upon public right-of-way contrary to the provisions of this ordinance shall be removed forthwith by the building inspector without notice. This ordinance does not apply to signs posted by duly constituted public authorities in the performance of their public duties.

k.

Billboards. All off-premises signs placed contrary to the provisions of these regulations, but in accordance with the Highway Advertising Act of 1972, Public Act No. 106 of 1972 (MCL 252.301 et seq.), shall be set back seventy-five (75) feet from any public right-of-way.

l.

Political signs. Political signs shall be permitted subject to the following conditions:

1)

Maximum area and number: No more than four (4) political signs shall be placed on any premises, and the area of each sign shall not exceed sixteen (16) square feet. Political signs shall not be located closer than fifteen (15) feet to the edge of the traveled portion of the roadway and not in a dedicated right-of-way or attached to any utility pole. Political signs shall be ground or wall signs. No ground sign shall be higher than forty-eight (48) inches above average mean grade of the yard on which it is placed.

2)

Political signs shall be removed within ten calendar days after the election or event to which it relates. Signs that express an opinion unrelated to an election date are limited to a period of display not to exceed thirty (30) days (whether consecutive or not) in one (1) calendar year on any premises.

3)

Political signs shall not be erected in such a manner that they will or reasonably may be expected to interfere with, obstruct, confuse or mislead traffic.

m.

Sign construction. All signs must be of a freestanding, self-supporting construction. Signs, except those required for proper identification of the structure, are prohibited from being attached or affixed to telephone poles, fence poles, sign poles, gas line poles, mailboxes, and similar type of structures.

n.

Sight lines. The locations of all signs are subject to the provisions of Section 4.12, Visibility.

o.

Changeable message sign panel.

1)

A changeable message sign panel shall be allowed in addition to the area permitted in this section for a permanent ground sign.

2)

A permit shall be required to install a changeable message sign panel.

3)

A changeable message sign panel may not exceed the horizontal width of the accompanying ground sign. In addition, the area of the changeable message sign panel shall not exceed twenty-five (25) percent of the sign area of the ground sign. In no case shall a changeable message sign panel exceed three feet in vertical height.

4)

Such changeable message shall not flash or move and must otherwise be in compliance with applicable regulations within this section, notably [Subsections] 4.42.4.g and 4.42.4.h, above.

CHANGEABLE MESSAGE PANEL (see illustrations following definitions, Section 2.02).

The following regulations shall apply to all condominium projects within the township:

1.

Initial information required. The following information with respect to any condominium project shall be provided to the township clerk by any persons intending to develop a condominium project, concurrently with the notice required to be given the township pursuant to Section 71 of Public Act No. 59 of 1978 (MCL 559.171), as amended:

a.

The name, address and telephone number of:

1)

All persons with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, lessee, or land contract vendee).

2)

All engineers, attorneys, architects or registered land surveyors associated with the project.

3)

The developer or and proprietor of the condominium project.

b.

The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

c.

The acreage area of the land on which the condominium project will be developed.

d.

The purpose of the project (for example, residential, commercial, industrial, etc.).

e.

Approximate number of condominium units to be developed on the subject parcel.

f.

Whether or not a community water system is contemplated.

g.

Whether or not a community septic system is contemplated.

h.

One (1) copy of the proposed master deed and accompanying exhibits.

2.

Information to be updated. All information required to be furnished under this section shall be kept updated until such time as a certificate of occupancy has been issued pursuant to Section 27.07 of this ordinance.

3.

Site plan review and engineering review. Prior to recording of the master deed required by Section 72 of Public Act No. 59 of 1978 (MCL 559.172), as amended, the condominium project shall undergo site plan review and approval pursuant to Article 29 of this ordinance. In addition, the township shall require appropriate engineering plans and inspections prior to the issuance of any certificates of occupancy.

4.

Site plan review for expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land, the new phase of the project shall undergo site plan review and approval pursuant to Article 29 of this ordinance.

5.

Master deed, restrictive covenants and "as-built" survey. The condominium project developer or proprietor shall furnish the township clerk with the following: one (1) copy of the recorded master deed, one (1) copy of all restrictive covenants and two (2) copies of an "as-built survey." The "as-built survey" shall be reviewed by the township engineer for compliance with township ordinances. Fees for this review shall be established by resolution of the township board.

6.

Monuments required—Site condominium projects. All condominium projects that consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this subsection.

a.

Monuments shall be located in the ground and made according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily reestablished by reference to monuments along the side lines of the streets.

b.

All monuments used shall be made of solid iron or steel bars at least one-half (½) inch in diameter and thirty-six (36) inches long and completely encased in concrete at least four (4) inches in diameter.

c.

Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and at the intersection of all limited common elements and all common elements.

d.

If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.

e.

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half (½) inch in diameter, shall be drilled and grouted into solid rock to a depth of at least eight (8) inches.

f.

All required monuments shall be placed flush with the ground where practicable.

g.

All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least eighteen (18) inches long and one-half (½) inch in diameter, or other approved markers.

h.

The township board may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one (1) year, on the condition that the proprietor deposits with the township clerk cash or a certified check, or irrevocable bank letter of credit running to the township, whichever the proprietor selects, in an amount not less than $25.00 per monument and not less than $100.00 in total. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

7.

Monuments required—All condominium projects. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of Section 6.b above.

8.

Compliance with federal, state and local law. All condominium projects shall comply with federal and state statutes and local ordinances.

9.

State and county approval. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the freshwater system for the proposed project and with regard to the wastewater disposal system for the proposed project.

10.

Temporary occupancy. The township board may allow occupancy of the condominium project before all improvements required by this ordinance are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.

11.

Single-family detached condominiums. Single-family detached condominiums shall be subject to all requirements and standards of the applicable A, S-E, S-F, R-1, R-2 and R-3 districts including minimum floor area requirements, but not including minimum lot size.

There shall be maintained a minimum distance from the center of one residential dwelling unit to the center of another residential dwelling unit equal to the requirements for the applicable zoning district set forth in Article 24. This requirement shall be computed along the front building line. In addition, building envelopes shall be depicted on the site plan to assure that the minimum requirements set forth in Article 24 for front yard, rear yard, side yard (least one), and total of two (2) side yards can be met.

12.

Single-family site condominiums. Single-family site condominiums shall be subject to all requirement applicable to A, R-E, S-E, S-F, R-1, R-2 and R-3 districts, including minimum lot requirements which shall be applied by requiring the site condominium unit and a surrounding limited common element to be equal in size to the minimum lot size. The site condominium unit shall be equivalent to the area of the lot where a principal building can be constructed and there shall be a limited common element associated with each site condominium unit that shall be at least equivalent to the minimum yard area requirements.

13.

Street and road requirements in all single-family detached and single-family site condominiums. All streets and roads in a single-family detached condominium project, or a single-family site condominium project, shall, at a minimum, conform to the standards and specifications promulgated by the Oakland County Road Commission for a typical residential road in single-family residential subdivisions.

14.

After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the township a copy of the site plan on a mylar sheet of at least thirteen (13) [inches] by sixteen (16) inches with an image not to exceed ten and one half (10½) [inches] by fourteen (14) inches.

State Law reference— Condominium Act, MCL 559.101 et seq.

These regulations shall be known and cited as the Addison Township Wetlands Ordinance and shall be incorporated as part of the township Zoning Ordinance No. 300 [this ordinance, this] Section 4.44. It shall be sufficient that any action for the enforcement of the provisions of this section define the same by such title and reference to the number hereof. It is the intent of these regulations to be consistent and comply with the Goemaere-Anderson Wetland Protection Act (P.A. 203 of 1979 as amended) [Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.)].

1.

Purpose. The purpose of these regulations and standards are intended to provide for:

- The definition of wetlands for the purpose of regulating any proposed change or development.

- The development standards for the preservation and continued functioning of wetlands as a healthy ecological system.

- The establishment of an administrative procedure for public review of development petitions involving wetland areas to provide for enforcement of these standards.

- The coordination of and support for the enforcement of applicable federal, state, and county statutes, ordinances and regulations including but not limited to:

a.

The Goemaere-Anderson Wetland Protection Act (Act 203, Public Acts of 1979, as amended) [Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.)], enforced by the Michigan Department of Natural Resources; and

b.

The Michigan Inland Lakes and Streams Act (Act 346, Public Acts of 1972) [part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.)]; and

c.

The Soil Erosion and Sedimentation Control Act (Act 347, Public Acts of 1972) [Part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.)]; and

d.

The Michigan Environmental Protection Act (Act 127, Public Acts of 1970) [Public Act No. 451 of 1994 (MCL 324.101 et seq.)], which imposes a duty on government agencies and private individuals and entities to prevent or minimize the pollution, impairment or destruction of the natural resources that is likely to be caused by their activities.

e.

The establishment of standards and procedures for the review and regulation of the use of wetlands.

- The provision of penalties for violations.

2.

Applicability. All applicants for a zoning compliance permit will complete a preliminary wetlands determination. The full review process and standards herein defined shall apply to any activity on a parcel of land deemed to affect a wetland consisting of two (2) acres or more as defined in this section and to any person applying to Addison Township for a special use permit as described in the Zoning Ordinance No. 300 [this ordinance], as amended.

3.

Definitions.

Activity shall mean any use, operation, development or action caused by any person, including, but not limited to, construction, operating or maintaining any use or development; erecting buildings or other structures; depositing or removing material; dredging; ditching; land balancing; draining or diverting water; pumping or discharge of surface water; grading; paving; vegetative clearing or excavation, mining or drilling operations.

APCWC shall mean the Addison Township Planning Commission Wetlands Committee.

Aquatic resources shall mean those natural resources that are an integral part of the bottomland ecosystem, which include fish, wildlife, insects, hydrophytes and aquatic vegetation, soil, nutrients and water.

Bottomland shall mean the land area of a pond, lake or stream which lies below the ordinary high-water mark and which may or may not be covered by water.

Buildable site shall mean the area of a lot having land area exclusive of any wetlands, meeting all setback requirements of the zoning ordinance, providing sufficient land area for septic and off-street parking requirements as specified in the Addison Township Zoning Ordinance.

Channel shall mean the geographical area within the natural or artificial banks of a watercourse required to convey continuously or intermittently flowing water under normal or average flow conditions.

Contiguous means any of the following:

a.

A permanent surface water connection or other direct physical contact with any lake, pond, river or stream.

b.

A seasonal or intermittent direct surface water connection with any lake, pond, river or stream.

c.

Located within five hundred (500) feet of the ordinary high-water mark of any lake, pond, river or stream.

d.

Separated only by manmade barriers, such as dikes, roads, berms, or other similar features.

Deposit shall mean to fill, place or dump.

Development shall mean any manmade change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Fill material shall mean soil, rocks, sand, waste of any kind, or any other material which displaces soil or water or reduces water retention potential.

Final wetland determination shall mean a formal, scientific inventory and analysis of a wetland by trained wetland expert professionals to determine its boundaries, and to describe its biotic and hydrogeologic setting, and to propose measures to minimize or mitigate the disruption to the wetland resulting from the proposed development.

Minor projects shall mean such projects include proposed activities that would contribute three hundred (300) cubic yards or less of fill material in a defined wetland in any twelve (12) month period. Examples are activities related to construction of utilities, driveways, roads, and single-family residences and accessory buildings when located on an existing lot of record.

Mitigation shall mean methods for eliminating or reducing potential damage and/or destruction to wetlands; or the creation of wetlands from land presently not classified as bottomland to offset destruction to existing wetlands. For the purpose of this ordinance, mitigation can include the restoration of previously drained wetlands.

Ordinary high-water mark shall mean the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil, the configuration of the soil surface and the vegetation.

Preliminary wetland determination shall mean an in-office administrative review of the township wetland map and related information by the township building inspector at the time of application for a zoning compliance permit.

Regulated wetland shall mean any wetland under the jurisdiction of the Michigan Department of Natural Resources in accordance with Act 203 of the Public Acts of 1979 [Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.)], as amended, and any wetland under the jurisdiction of the township pursuant to [this] Section 4.44 of the zoning ordinance.

Wetland shall mean:

a.

Land characterized by the presence of water at a frequency and duration sufficient to support (and that under normal circumstances does support) wetland vegetation or aquatic life, commonly referred to as a bog, swamp, fen, pond, marsh or wet meadow, and which is any of the following:

1)

Contiguous to any lake, pond, river or stream.

2)

Not contiguous to any lake, pond, river or stream; and more than two (2) acres in size.

3)

Not contiguous to any lake, pond, river or stream; and two (2) acres or less in size if the Michigan Department of Natural Resources (MDNR) determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the MDNR has so notified the owner.

Wetland consultant shall mean an individual or organization providing wetland inventorying, mapping, management and mitigation design services and having expertise in the areas of botany, ecology, hydrology and soil science. The consultant should be able to apply wetland identification methods used by the Michigan Department of Natural Resources and federal agencies. The consultant should also be familiar with state, federal and local regulation of wetlands.

Wetland functional values shall mean the ecological and social values provided by wetlands including, but not limited to, the following:

a.

Flood mitigation by detaining surface runoff;

b.

Control of soil erosion and sedimentation loading in rivers and lakes;

c.

Groundwater recharge;

d.

Maintenance of water quality that is degraded by such things as:

1)

Nutrients and chemicals from fertilizers and pesticides used in agriculture and landscaping/lawn care;

2)

Polluted urban runoff from automobile/transportation/parking facilities, industrial and other commercial activities;

3)

Treated effluent from wastewater treatment facilities;

4)

Erosion and sedimentation resulting from agricultural and construction activities;

e.

Providing highly productive ecosystems in terms of wildlife habitat and vegetation; and

f.

Serving a variety of aesthetic and recreational functions.

Wetland map shall mean an official map maintained by the township that indicates the general location of the known wetlands within the township. This map is maintained as a general guide to property owners in the township and requires field verification.

Wetland use permit shall mean a permit issued under the provisions of Section 4.44(8) of this ordinance to carry out an activity normally prohibited under Section 4.44(6) of this ordinance.

Wildlife shall mean native, nondomesticated mammals, marsupials, birds, reptiles, amphibians and fish.

4.

Wetland map. Addison Township hereby incorporates into this section of the zoning ordinance an official wetland map indicating the general location of areas that indicate the possible presence of regulated wetlands within the township. The wetland map shall serve as a general guide for the location of potential regulated wetland areas within the township. Any wetland areas not shown on the official wetland map are still subject to regulation by the Michigan Department of Natural Resources and/or the Township of Addison. Field investigations to delineate the precise boundaries of wetlands on a development site shall be the responsibility of the property owner and subject to all delineation requirements herein.

5.

Permitted activities. Subject to compliance with applicable state, federal and all other ordinances of this township, the following activities and uses are allowed in wetlands:

a.

Activities intended for the protection of wildlife habitat, vegetation, water quality, soil conservation and erosion control measures.

b.

Nature study, hiking, and pedestrian paths, and conservation and environmental interpretive areas (kiosks, overlooks, boardwalks or open shelters) as long as the activity is not detrimental to the wetland and is constructed of the most environmentally compatible materials.

c.

Fishing, trapping, hunting or birdwatching.

d.

Swimming, boating, or canoeing.

e.

Hiking.

f.

Grazing and/or watering of animals.

g.

Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices. Wetland altered under this subdivision shall not be used for a purpose other than a purpose described in this subsection without a permit obtained under Section 4.44(8) of this ordinance.

h.

Maintenance or operation of serviceable structures in existence on the effective date of this amendment or constructed pursuant to this ordinance.

i.

Construction or maintenance of farm or stock ponds.

j.

Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products:

1)

An existing private agricultural drain.

2)

That portion of a drain legally established pursuant to the Drain Code of 1956, [Public Act No. 40 of 1956 (MCL 280.1 et seq.),] as amended, which has been constructed or improved for drainage purposes.

3)

A drain constructed pursuant to other provisions of this ordinance.

k.

Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining or forestry equipment, if the roads are constructed and maintained in a manner to assure that any adverse effect on the wetland will be otherwise minimized.

l.

Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products. Except as otherwise provided in this ordinance, wetland improved under this section after the effective date of this amendment shall not be used for nonfarming purposes without a permit from the township. This shall not apply to a wetland that is contiguous to a lake or stream, or to a tributary of a lake or stream, or to a wetland which the township has determined by clear and convincing evidence to be a wetland which is necessary to be preserved for the public interest, in which case a permit shall be required.

m.

Maintenance or improvement of public streets, highways, or roads, within the right-of-way and in such a manner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance or improvement does not include adding extra lanes; increasing the right-of-way; or deviating from the existing location of the street, highway, or road.

n.

Operation and maintenance of stormwater and drainage devices when in compliance with state, county and township regulations.

o.

Maintenance, repair, or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of six (6) inches or less, if the pipelines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.

p.

Maintenance, repair, or operation of electric transmission and distribution power lines and construction of distribution power line if the distribution power lines are constructed, maintained, or repaired in a manner to ensure that any adverse effect on the wetland will be otherwise minimized.

q.

Public or private road rights-of-way and provision of essential services where no feasible and prudent alternative exists.

r.

Operation or maintenance, including reconstruction of recently damaged parts, of serviceable dikes and levees in existence on the effective date of this amendment or constructed pursuant to this ordinance.

s.

Construction of iron and copper mining tailings basins and water storage areas.

6.

Prohibited activities. The following activities and uses are prohibited in wetlands unless included in an activity permitted under Section 4.44(5) of the zoning ordinance or specifically included as part of an activity approved under the procedures stated in Section 4.44(8):

a.

Dredging of wetland.

b.

The excavating or filling of wetland.

c.

Construction of primary and accessory structures.

d.

The draining of any surface water from a wetland, other than as permitted under [Section] 4.44(5) above.

e.

Any other uses not addressed herein and determined by the planning commission to have a similar negative impact as those listed above.

Every effort should be made to explore alternative designs that do not affect wetland areas. A part of any wetland determination shall address other feasible design alternatives.

7.

Wetland determination process.

a.

Filing procedure for a wetlands determination. Any person desiring a zoning compliance permit for any activity requiring a township permit or land use review such as: constructing a building, filing a tentative preliminary plat, submitting a site plan, a planned unit development, condominium or site condominium, a special use permit or requesting a lot split must make application with the building inspector for a preliminary wetland determination.

b.

Preliminary wetland determination. If the building inspector (in the case of a land division application or zoning compliance permit) or the planning commission (in the case of a special use permit or site plan review) determines, after reviewing the Addison Township wetlands map, and other related information, that the proposed activity does encroach into a wetland, as defined herein, then a final wetland determination shall be required of the applicant or his/her agent before such application shall be accepted for public review and comment.

If the building inspector or the planning commission determines that a site is buildable, as defined in herein, that there is no potential for the activity to impact a regulated wetland, and finds all other applicable township requirements satisfied, the building inspector can issue a zoning compliance permit without requiring a final wetland determination.

c.

Final wetland determination. If the building inspector or the planning commission has determined that the proposed activity may encroach into a wetland area, the applicant for the zoning compliance permit shall arrange to have a final wetland determination completed by an experienced wetland consultant before the zoning compliance permit can be processed further. This does not preempt any responsibility of the applicant to also apply to MDNR for the required state wetland permits.

d.

Required information (final wetland determination). The applicant or agent shall supply the following information and submit an application on forms provided by the township for a zoning compliance permit and final wetland determination. The building inspector or the planning commission (as indicated in the situations described in Section 4.44.7.b) may reduce the requirements for item #6 [(6)] below for minor projects at their discretion.

1)

The name, address and telephone number of the owner and the applicant.

2)

The name, address and telephone number of the applicant's agent and/or the individual responsible for making the wetland determination.

3)

The owner of the property if different from the applicant, and the applicant's interest in the property together with written permission of the owner for the applicant to file the request for a wetland determination.

4)

A legal description of the property, including the total area, exclusive of public road right-of-way, accurate to the nearest hundredths of an acre.

5)

Written and graphic descriptions and graphic plan of the proposed activity.

6)

An accurate graphic description of the wetlands to include complete with:

a)

A written summary of how and when the wetland was delineated.

b)

The major plant species and animal breeding habitat that are present and an estimation of how the wetland functions or relates to its general environment.

c)

The presence of any hills, valleys, swales, ponds, wetlands or springs.

d)

An accurate measurement and corresponding delineation of the wetland(s) area to the nearest hundredth of an acre along with the method and results of the measurement of each area described as a wetland including a separate measurement for each noncontiguous wetland area.

e)

Any proposed remedial or mitigating actions to be completed as part of the activity proposed in the land use request if the wetland is to be impacted by the proposed activity.

7)

A resume and list of experience of the firm or individual preparing the wetland delineation.

The study shall be prepared by an experienced wetland consultant recognized by the MDNR as an expert in the delineation and composition of wetlands. The MDNR shall review all wetlands greater than five (5) acres or other state-regulated wetlands according to their wetland determination and permit procedures. MDNR findings will be an integral part of the township review.

e.

Submittal review process. Upon receipt of the final wetland determination application and required information, the building inspector or planning commission (as indicated in the circumstances described in Section 4.44.7.b) shall review the proposed activity to determine if it encroaches into a wetland. If the proposed activity is determined to encroach into a wetland the applicant shall be required to seek a wetland use permit under the requirements of Section 4.44(8). The building inspector or the planning commission may also refer proposals not requiring a wetland use permit to the Addison Township Planning Commission Wetlands Committee (APCWC) for review and comment, as provided for in Paragraph [7.]f below.

f.

Addison Township Planning Commission Wetlands Committee (APCWC) review. The building inspector or the planning commission may request APCWC review for a zoning compliance permit application not requiring a wetland use permit. The building inspector shall schedule a meeting date for the Addison Township Planning Commission Wetlands Committee to review the submittal after all of the information listed in Section 4.44(7)(d) is submitted. The APCWC is only a recommending body and will not take any formal action.

8.

Wetland use permit.

a.

Application for wetland use permit. Applications for a permit to use protected wetland for a purpose described in Section 4.44(6) shall be filed with the building inspector. When the site is proposed for development or activity necessitating review and approval of a site plan, plat or other action pursuant to the township zoning ordinance, said application for a wetland use permit shall be made at the same time as the site plan or plat submittal complying with the following:

1)

If the use application is for a wetland which is regulated by the Department of Natural Resources, then the applicant shall make complete application for a use permit with the DNR. The planning commission may review the application and make written recommendations to the DNR. If the DNR determines that it does not have jurisdiction over the subject wetland, then the applicant shall be required to file a use application with the township.

2)

If the use application is for a wetland that is regulated solely by the township, the applicant shall submit a complete application to the building inspector. Upon receipt, the building inspector shall review the use application for completeness. Applicants shall be notified in writing of any missing items. Following a determination that a use application is complete, the building inspector shall specify the number of copies to be submitted by the applicant. The building inspector shall forward one copy of the use application to the department of natural resources.

b.

Township review process.

1)

Upon receipt of a complete application, the building inspector shall refer the application to the APCWC which may conduct or authorize the completion of a field investigation to review and verify the accuracy of information received and during such review shall refer to the wetlands map. The receipt of a wetland use permit application shall comprise permission from the owner to complete an on-site investigation.

2)

The APCWC will conduct a review of the wetland use permit application for activities encroaching into a defined wetland, as prohibited under Section 4.44(6), and make a recommendation based upon the standards set forth in [Section] 4.44(8)(c). It shall be the responsibility of the APCWC to retain (with township board approval if any costs are not covered by the township budget for any costs not paid by the applicant) a qualified wetlands consultant or retain qualified staff to conduct wetland field investigations and complete assessments on behalf of the township. The APCWC will than forward its recommendation to the township planning commission in writing. The APCWC review must be received in writing by the planning commission within forty-five (45) calendar days of being notified in writing by the building inspector or township clerk that a application has been received.

3)

Upon receiving the recommendations from the APCWC for the wetland use permit application, the planning commission will approve or deny the application. Planning commission action will take place within ninety (90) days of the complete application submittal to the township building inspector. If a wetland use permit is denied, reasons for denial will be provided to the applicant in writing.

4)

The planning commission may hold a public hearing on the wetland use permit application if the proposal has the potential to significantly impact the water and other natural resources of Addison Township. The public hearing shall be held by the planning commission, when it considers the wetland use permit application.

c.

Standards for review for a wetland use permit. The APCWC shall use the following criteria when evaluating an application for a wetland use permit and making recommendation to the township planning commission for action on the application:

1)

A permit shall be issued only if the proposed project or activity is clearly in the public interest is necessary to realize the benefits derived from the activity, and is otherwise lawful in all aspects.

2)

In determining whether the activity is in the public interest, the benefit that would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of natural resources from pollution, impairment and/or destruction. The following general criteria shall be applied in undertaking this balancing test:

a)

The relative extent of the public and private need for the proposed activity.

b)

The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity, including alternatives which are off-site or on other commercially available properties.

c)

The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the wetland provides.

d)

The probable impact of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.

e)

The probable impact on recognized historic, cultural, scenic, ecological, or recreational values and on the public health or fish or wildlife.

f)

The size and quality of the wetland being considered.

g)

The amount and quality of remaining wetland in the area.

h)

Proximity to any waterway.

i)

Extent to which upland soil erosion adjacent to protected wetlands or drainageways is controlled.

j)

Economic value, both public and private, of the proposed land change to the general area.

k)

Findings of necessity for the proposed project that have been made by state or other local agencies.

3)

An approval shall not be granted unless it is shown that there will be no unacceptable disruption to the aquatic resources. In determining whether a disruption to the aquatic resources is unacceptable, the criteria set forth in Section 4.44(8)(c)(2) shall be considered. An approval shall not be granted unless the applicant also shows either of the following:

a)

The proposed activity is primarily dependent upon being located in the wetland; or

b)

A feasible and prudent alternative does not exist.

d.

Notice to the department of natural resources. The township shall notify the Michigan Department of Natural Resources (MDNR) of the adoption of this ordinance. The township shall enter into an agreement with the MDNR providing for the exchange of information and for the coordination of the granting of permits, as required by Section 8(4) of the Goemaere-Anderson Wetlands Protection Act (Act 203, Public Acts of 1979, as amended) [Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.)].

Where the MDNR has jurisdiction, the MDNR shall make any final decision on a wetland permit after recommendation from the township planning commission.

9.

Michigan Department of Natural Resources (MDNR) permit. An MDNR permit shall be required for proposed activities in a wetland that is greater than five (5) acres in area or a regulated wetland. The wetland permit application shall be submitted to MDNR with the final wetlands determination for wetlands greater than five (5) acres or other regulated wetlands. MDNR will forward a copy of the permit application to Addison Township for comment. For wetlands not regulated by MDNR, only APCWC review is required but MDNR will be sent a copy of the permit application for comment.

10.

Mitigation.

a.

Prior to considering a proposal for wetland mitigation, the applicant shall submit evidence that all of the following requirements have been satisfied:

1)

That all feasible and prudent efforts have been made to avoid the loss of wetland resource values.

2)

That all practical means have been considered to minimize impacts.

3)

That it is practical to replace the wetland resource values which will be unavoidably eliminated.

b.

If the planning commission, based upon recommendation from the APCWC, determines that it is practical to replace the wetland resource values which will be unavoidably impacted, the following criteria shall be considered when reviewing an applicant's mitigation proposal:

1)

Mitigation shall be provided on-site where practical and beneficial to the wetland resources. If mitigation on-site is not practical and beneficial, mitigation in the immediate vicinity of the permitted activity or within the same watershed may be considered. When possible, mitigation shall be provided within the jurisdiction of Addison Township.

2)

Any proposal shall assure that, upon completion, there shall be no net loss to the wetland resources.

3)

The proposal shall give consideration to replacement of the predominant functional value lost within the impacted wetland.

4)

Any mitigation activity shall be completed before initiation of other permitted activities, unless a phased concurrent schedule can be agreed upon between the township and the applicant.

5)

Monitoring to establish documentation of the functional performance of the mitigation may be required as permit conditions. If monitoring is required, then it will be conducted for a period of five (5) years after the date that mitigation activities have been completed with written annual reports to Addison Township.

c.

Wetland impact mitigation and monitoring plans shall become conditions of use approval.

d.

All costs for preparing and carrying out mitigation and monitoring plans shall be the responsibility of the applicant.

11.

Property reassessment. If an applicant who is aggrieved by a decision of the planning commission concerning the use of wetlands and drainageways, and has exhausted all appeals, the landowner may request a revaluation of the affected property for assessment purposes by the Addison Township annual board of review to determine its fair market value under the use restriction.

12.

Judicial review. This article does not limit the right of a wetland owner to institute proceedings in any court of the state against any person when necessary to protect the wetland owner's rights.

13.

Protection standards. The following standards shall apply to all defined wetlands:

a.

All newly created lot shall contain a sufficient buildable site land area to meet the minimum zoning setback regulations, off-street parking, septic disposal fields, well location and accessory uses. This provision shall not apply to previously recorded lots of record upon which one single-family house is proposed to be built.

b.

Maximum lot coverage by a building shall apply to that part of the site outside the wetland.

14.

Fees. The Addison Township Board shall establish by resolution a schedule of fees to be charged for a wetland use permit and for any activity requiring a review of a wetland determination under this ordinance.

15.

Violations and penalties.

a.

Violations. Any person who fails to comply with these standards shall be subject to the penalties as defined in Article 32 of the [this] zoning ordinance.

b.

Restoration requirements for illegal wetlands alteration. In the event of a violation involving illegal alteration of wetlands protected under this ordinance, the township building inspector shall have the power to order complete restoration of the wetland area by the person or agency responsible for the violation. If such responsible person or agent does not complete such restoration within a reasonable time following the order, the township shall have the authority to restore the affected wetlands to their prior condition wherever possible, and the person or agent responsible for the original violation shall be held liable to the township for twice the cost of restoration. Requirements and specifications for wetland restorations ordered by the township shall be coordinated with state and/or federal agency requirements and specifications for wetland restoration, if any.

c.

Stop work order. The township building inspector may issue a stop work order or withhold issuance of a certificate of occupancy, permits or inspections until the provisions of this ordinance, including any conditions attached to a use approval, have been fully met.

The township board, planning commission or board of appeals may require the submission of an environmental impact statement prior to rendering any discretionary decision in any district.

An environmental impact study may be required by the planning commission or the township board in the following circumstances:

1.

When ten (10) or more parcels are created under a metes and bounds description.

2.

When property is divided under the plat division of the Subdivision Control [Land Division] Act [Public Act. No. 288 of 1967 (MCL 560.101 et seq.)].

3.

For any special approval use request.

All required environmental studies shall be furnished by the applicant at the applicant's sole expense. Any environmental impact study must be prepared by a Michigan licensed and registered professional community planner, landscape architect, and/or civil engineer.

Any required environmental impact statement shall contain the following information at a minimum:

1.

All existing environmental characteristics of the site;

2.

Proposed alterations to the site regarding topography, vegetation, drainage, soils, watercourses and wetlands;

3.

Proposed land use, site access, and pertinent setbacks;

4.

Location and type of site utilities;

5.

Number of people to be housed and an estimated of vehicular and recreational lake traffic generated by the project; and

6.

Detailed methods of controlling stormwater runoff, soil erosion and sedimentation.

These provisions shall apply to all uses and facilities that use, store or generate hazardous substances. All such uses and facilities shall be designed to prevent spills or discharges to the air, ground, groundwater, surface water, or other waters of the township, and shall submit the hazardous substances reporting form for site plan review and state/county environmental permits checklist provided by the township. The storage and handling of hazardous substances shall comply with all applicable state, county, federal and local standards. There shall be no discharges to groundwater without the appropriate permits.

No floor drains shall be permitted in any facility that stores, uses or generates hazardous substances. All aboveground storage containers for hazardous substances shall require secondary containment facilities capable of containing the total volume of all hazardous substances.

State Law reference— Hazardous Waste Management Act, MCL 324.11101 et seq.; Low-Level Radioactive Waste Authority Act, MCL 333.26201 et seq.; Hazardous Materials Transportation Act, MCL 29.471 et seq.

1.

Purpose and intent. It is the general purpose and intent of the township to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the township to provide for such authorization in a manner that will retain the integrity of neighborhoods and the pristine rural character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.

Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:

a.

Facilitate adequate and efficient provision of sites for wireless communication facilities.

b.

Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the community. Consequently, more stringent standards and conditions should apply to the review, approval and use of such facilities.

c.

Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

d.

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.

e.

Promote the public health, safety and welfare.

f.

Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.

g.

Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

h.

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, and the use of structures that are designed for compatibility, including the use of existing structures taking into consideration the purposes and intent of this section.

i.

The legislative body of the community finds that the presence of numerous shorter tower structures, particularly if located within developed areas, would decrease the attractiveness and destroy the pristine rural character and integrity of the community. This, in turn, would have an adverse impact upon property values. Therefore, it is necessary to promote collection of wireless communication facilities to minimize the adverse impact from the presence of numerous tower structures having low architectural and other aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare.

2.

Definitions. The following definitions shall apply in the interpretation of this section:

a.

Wireless communication facilities shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges cellular communication towers and antennae, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities, short wave facilities, amateur radio facilities, satellite dishes, and governmental facilities subject to state or federal law or regulations that may preempt municipal regulatory authority.

b.

Attached wireless communications facilities shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

c.

Wireless communication support structures shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

d.

Collocation shall mean the location by two (2) or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

3.

Authorization.

a.

In the following circumstances, a proposal to establish a new wireless communication facility shall be deemed a permitted accessory use:

1)

An existing structure which will serve as an attached wireless communication facility where the existing structure is not, in the discretion of the township, proposed to be either materially altered or materially changed in appearance.

2)

A proposed collocation upon an attached wireless communication facility or wireless communication support structure, either of which had been preapproved for such collocation as part of an earlier approval by the township. Such a proposed collocation shall be considered a permitted use and shall be subject to site plan review unless the collocation does not comply with Section 4.47.3.a.5) a)—c).

3)

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

4)

The existing wireless communication support structure or existing equipment compound is in compliance with the Addison Township Zoning Ordinance or was approved by the appropriate zoning body or official of Addison Township.

5)

The proposed collocation will not do any of the following:

a)

Increase the overall height of the wireless communication support structure by more than twenty (20) feet or ten (10) percent of its original height, whichever is greater.

b)

Increase the width of the wireless communication support structure by more than the minimum necessary to permit collocation.

c)

Increase the area of the existing equipment compound to greater than two thousand five hundred (2,500) square feet.

6)

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communication support structure or equipment compound by the appropriate zoning body or official of Addison Township.

b.

Subject to the standards and conditions set forth below, wireless communication facilities shall be a permitted accessory use after special land use approval is granted by the planning commission within the following districts:

1)

A Agricultural. (Only those portions of which are designated for agricultural/rural preservation in the township land use master plan future land use policy pattern map.)

2)

P-I Public-Institutional.

3)

REC Recreation.

4)

M-1 Industrial [(Light)].

5)

M-2 Industrial [(General)].

c.

Wireless communications equipment that meets the requirements of subsection 4.47.3.a 3) and 4) but does not meet the requirements of subsection 4.47.3.a.5) or 6) is a permitted use of property if it receives special land use approval.

4.

Requirements.

a.

Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the planning commission in its discretion:

1)

Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

2)

Facilities shall be located and designed to be harmonious with the surrounding areas.

3)

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

4)

Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs that might result in lower heights.

b.

Standards and conditions applicable to special land use facilities. Wireless communication facilities as described in Subparagraph (3)(b) shall be permitted only after special approval is granted by the planning commission in accordance with the procedures, requirements and standards set forth in this section and in Article 30, and subject to any conditions imposed by the planning commission. The following standards shall be met:

1)

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure); in no case shall the structure be higher than two hundred (200) feet. The accessory building contemplate to enclose such as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

2)

The minimum lot size shall be twenty (20) acres.

3)

The setback of the support structure from all lot lines shall be no less than the height of the structure. Structures shall be set back from existing or proposed right-of-way line an additional fifty (50) feet beyond the height of the structure.

4)

There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site, utilities needed to service the tower and any attendant facilities, the location of buildings and parking facilities, proximity to residential districts and minimizing disturbance to the natural landscape, and the type of equipment which will need to access the site.

5)

Where an attached wireless communication facility is proposed on the roof of a building if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.

6)

The planning commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the property owner in cooperation with the lessee(s) of the land upon which the tower is located to maintain the wireless communication facility in a neat and orderly condition.

7)

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communications Commission, and Michigan Aeronautics Commission shall be noted.

8)

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the longterm continuous maintenance to a reasonably prudent standard.

9)

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one (1) or more of the following factors:

(a)

Proximity to an interstate or major thoroughfare.

(b)

Areas of population concentration.

(c)

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

(d)

Other specifically identified reason(s) creating facility need.

10)

The proposal shall be reviewed in conformity with the collection requirements of this section.

c.

Nonconforming wireless communication towers. In accordance with Article 5, where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction on area, lot coverage, height, yards, its location on the lot or other requirement concerning the structure, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

1)

The provisions as outlined in Section 5.07 of this ordinance.

2)

Collocation of antennas on legally existing nonconforming communications structures shall be considered a permitted use (upon the issuance of a special land use permit in accordance with Article 30 of this ordinance) on the nonconforming structure.

3)

General maintenance to the nonconforming structure, such as painting and repairs, shall be permitted to ensure minimal negative visual impact.

5.

Application requirements. For wireless communication facilities that are considered permitted with special approval, the application shall include the following information:

a.

A site plan prepared in accordance with Article 29 shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

b.

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

c.

The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

d.

The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in Paragraph (8)[8] below. In this regard, the security shall, at the election of the applicant, be in the form of (1) cash, (2) surety bond, (3) letter of credit, or (4) an agreement in a form approved by the attorney for the community and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney fees incurred by the community in securing removal. The township board, which will have ultimate approval of the site plan, shall review the terms of the security offered to ensure that payment will not lapse in the future and that the inflated future costs of removal are provided for.

e.

The application shall include a map showing existing and known proposed wireless communication facilities within the township, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the township in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any such information that is trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy, MCL 15.243(1)(g). This ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.

f.

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

6.

Collocation.

a.

Statement of policy. It is the policy of the township to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community, and encourage the use of existing structures for attached wireless communication facility purposes, consistent with the statement of purpose and intent, set forth in Paragraph (1) of this section above. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996 [47 USC 151 et seq.], it is the policy of the township that all users should collected on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in Paragraph (1) of this section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the township. The provisions of this subsection are designed to carry out and encourage conformity with this policy.

b.

Feasibility of collocation. Collocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:

1)

The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

2)

The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

3)

The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

4)

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the township, taking into consideration the several standards contained in this section, above.

c.

Requirements for collocation.

1)

A special land use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

2)

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

3)

The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

4)

If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the township, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the township for a period of five (5) years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the zoning board of appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five (5) year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

7.

Incentive. Review of an application for a permit for use of a facility permitted under Paragraph (3)(a)[3.a.], above, shall be a use permitted by right within the township.

8.

Removal.

a.

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

1)

When the facility has not been used for one hundred eighty (180) days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

2)

Six (6) months after new technology is available at reasonable cost, as determined by the legislative body of the community, which permits the operation of the communication system without the requirement of the support structure.

b.

The situations in which removal of a facility is required, as set forth in Paragraph (a)[8.a.] above, may be applied and limited to portions of a facility.

c.

Upon the occurrence of one or more of the events requiring removal, specified in Paragraph (a)[8.a.] above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the township.

d.

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days' written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(Ord. No. 13-2, §§ 2—4, 7-15-2013)

The township hereby finds that private water wells and certain septic systems shall be permitted in the township. The township further finds that community sewer systems shall be prohibited, including any expansion of an existing community sewer system.

Permitted systems. For residential property wherein there will be single-family homes developed, on-site septic systems and on-site water wells are permitted provided said systems comply with all applicable codes and ordinances of the township and are reviewed and approved by the Oakland County Health Department and such county issued approvals are provided in writing to the township.

Prohibited systems. A community waste water utility system of any type is prohibited in all zoning categories in the township. For the purpose of this ordinance, a "community waste water utility system" is a privately owned system that is designed, constructed, operated, and maintained to transport, collect, process, and treat sanitary sewage for a combination of more than one (1) developed parcel in the township. This prohibition is not subject to any form of review or relief by the township zoning board of appeals. The expansion, enlargement or increase in flow to any existing community waste water utility system in the township is prohibited and not subject to any form of review or relief by the township zoning board of appeals.

(Ord. No. 25-03, 6-16-2025)

1.

Enabling and applicability. As a qualified unit of government under ACT 110 of 2006, being MCL 125.3606, this section is intended to provide for a residential development option for undeveloped land zoned residential and zoned at a density equivalent to two (2) or fewer dwelling units per acre.

2.

Criteria. This option allows the same number of dwelling units on a smaller portion of the land than otherwise specified in the zoning ordinance, but not more than fifty (50) percent that could otherwise be lawfully developed, as determined by the township planning commission, under a traditional site plan developed and submitted by the applicant applying maximum density and using the existing and applicable zoning ordinances, the master plan, the applicable codes on the entire land area being proposed for this option. All applicable well and septic restrictions shall apply to any development under this option.

3.

Restricted land. Under this option, a percentage of the land, but not less than fifty (50) percent, shall remain perpetually in an undeveloped condition by means of a conservation easement, plat dedication, restrictive covenant or another legal mechanism that is recorded and runs with the land. The legal mechanism used shall be approved by the township attorney.

4.

Availability of the option. This option is not available to land that has already exercised this option. If this option is used, the land shall be rezoned accordingly.

(Ord. No. 25-02, 6-16-2025)

1.

Purpose and intent. This section is intended to acknowledge instances where it would be in the best interests of Addison Township and beneficial to property owners seeking a change in zoning, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of the Michigan Zoning Enabling Act (MZEA) — Public Act 110 of 2006 (MCL 125.3101—125.3702).

2.

Application/conditions.

a.

A voluntary written offer by an owner of land relating to the use and/or development of land for which rezoning is requested may be made at the time an application for rezoning is filed or may be made at a later time during the rezoning process.

b.

The process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests without an offer of conditions except as may be modified by this section.

c.

No use or development not permitted in the requested new zoning district may be a part of an offer of conditions.

d.

A development or use proposed by the owner's offer of conditions that would require a special land use permit, variance or site plan review may only be commenced upon any or all required approvals in accordance with all provisions of the Addison Township Zoning Ordinance.

e.

Any offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

f.

An offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner. A property owner may withdraw all or part of an offer of conditions at any time prior to final rezoning action of the township board provided that, if such withdrawal occurs subsequent to the planning commissions public hearing on the original rezoning request, the rezoning application shall be referred to the planning commission for a new public hearing at the owner's expense with appropriate public notice and a new or revised recommendation by the planning commission.

2.

Review by planning commission. Any recommended changes to the offer of conditions that are part of the planning commission recommendation on the conditional rezoning following public hearing shall be acceptable to and thereafter offered by the owner.

3.

Township board review. Following receipt of the planning commission's recommendation, the township board shall deliberate the requested rezoning and may approve or deny the conditional rezoning request. If the township board considers amendments to the proposed offer of conditions those amendments shall be acceptable to and thereafter offered by the owner, then the township board shall refer such amendments to the planning commission for a report thereon within a time specified by the township board and proceed thereafter to approve or deny the conditional rezoning with or without amendments.

4.

Approval.

a.

If the township board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the township board to accomplish the requested rezoning.

b.

The statement of conditions shall:

1)

Be in a form recordable with the register of deeds of Oakland County or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the township board;

2)

Contain a legal description of the land to which it pertains;

3)

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land;

4)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined;

5)

Contain a statement acknowledging that the statement of conditions or an affidavit of memorandum giving notice thereof may be recorded by the township at owner's expense, with the Oakland County Register of Deeds; and

6)

Contain the notarized signatures of all the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

c.

After the rezoning takes effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The township clerk shall maintain a listing of all lands rezoned with a state of conditions.

d.

The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the township with the Oakland County Register of Deeds. The township board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land.

e.

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

5.

Compliance with conditions.

a.

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this zoning ordinance and be punished accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

b.

No permit or approval shall be granted under this ordinance for any use or development that is contrary to an applicable statement of conditions.

6.

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within eighteen (18) months after the rezoning took effect and thereafter proceed diligently to completion. The time limitation may upon written request be extended by the township board if it is demonstrated to the township board's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and the township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

7.

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection 6 above, then the land shall revert to its former zoning classification. The reversion process shall be initiated by the township board by requesting that the planning commission proceed with the procedures necessary to consider rezoning to the former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

8.

Subsequent rezoning of land. When land is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to Subsection 7 above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the township clerk shall record with the Oakland County Register of Deeds a notice that the statement of conditions is no longer in effect.

9.

Amendment of conditions.

a.

During the time period for commencement of an approved development or use specified pursuant to Subsection 6 above or during any extension thereof granted by the township board, the township shall not add to or alter the conditions in the statement of conditions.

b.

The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.

10.

Township right to rezone. Nothing in the statement of conditions or in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted according to the procedures outlined in the Michigan Zoning Enabling Act (MZEA) Public Act 110 of 2006 (MCL 125.3101—125.3702).

11.

Failure to offer conditions. The township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this ordinance.

(Ord. No. 09-02, § 2, 11-16-2009)

This section is intended to provide for accommodation and regulation of (on site) wind turbines for use by an individual property according the provisions listed below. An on-site wind energy system means a land use for generating electric power from wind and is an accessory use that is intended to primarily serve the needs of the consumer on that site.

a.

Tower mounted wind turbines (and associated generator, blades, tower, base and pad transformer [if any]) shall be considered an accessory use in the following zoning districts — A agricultural; R-E rural estate residential district; S-E suburban estates district; S-F suburban farms district; R-1 residential district, C-1 commercial district — local, C-2 commercial district — general and the M-1 and M-2 industrial districts.

b.

Minimum parcel size shall be determined by the minimum setback distances specified herein.

c.

Minimum property set-back (distance between the wind energy system and the owner's property lines) shall be equal to the height of the wind energy system tower including the top of any blade in its vertical position except any property line adjacent to a public or private road right-of-way or road easement. The minimum setback from any road right-of-way, road easement or overhead utility easement shall be one and one-half (1½) times the height of the wind energy system tower including the top of any blade in its vertical position.

d.

Sound pressure level shall not exceed fifty-five (55) dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severs wind storms. If the ambient sound pressure level exceeds fifty-five (55) dB(A) the standard shall be ambient dB(A) plus five (5) db(A).

e.

On-site use wind energy systems including towers shall comply with all applicable construction and electrical codes, building permit and zoning compliance permit requirements and shall comply with the Michigan Airport Zoning Act and Michigan Tall Structures Act as well as Federal Aviation Administration requirements.

f.

For purposes of safety, the on-site use wind energy system shall have automatic braking, governing or other system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is support by guy wires, the wires shall be clearly visible to a height of all least six (6) feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be twenty (20) feet.

g.

Wind energy systems mounted on pre-existing buildings shall not be subject to the regulations of this section and shall be a permitted accessory use in all zoning districts.

(Ord. No. 09-03, § 2, 11-16-2009)

Temporary building, structure or mobile home while building a permanent dwelling for a period no longer than six (6) months from initial occupancy if construction of a permanent dwelling is actually underway and in progress during temporary occupancy and providing sanitary and other conditions are expressly approved by the township building official as meeting the minimum requirement under this ordinance. Any time extension beyond the six-month period must be approved by the planning commission. The building official may extend a temporary structurer in the case of fire, temporary housing or shelter for relief from fire, natural disaster, or acts of God for, or emergency facilities for disaster relief for an additional six-month period. A performance guarantee shall be required in an amount established by the township board to ensure cleanup and removal of the mobile home.

(Ord. No. 24-1, 4-15-2024)