GENERAL PROVISIONS
It is the purpose of this article to provide regulations that are generally applicable to all uses regardless of zoning district.
(Ord. No. 01-20, § 18.201, 2-10-20)
Not more than one (1) principal detached single-family dwelling unit shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure, except as otherwise permitted herein.
(Ord. No. 01-20, § 18.202, 2-10-20)
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a township or other public election.
(Ord. No. 01-20, § 18.203, 2-10-20)
No temporary buildings shall be erected in the township except in compliance with the following:
(1)
Use of accessory buildings and structures. Attached and detached accessory buildings and structures associated with residential dwelling shall only be used for the storage of personal property and for the conduct of a permitted home occupation, as regulated in section 18-213. Such buildings and structures shall not be used as dwelling units or for the conduct of any other business, profession, trade or occupations or as storage that is offered for rent.
(2)
Timing of construction. No accessory building or structure shall be constructed or established on a parcel unless there is a principal building, structure or use being constructed or already established on the same parcel of land, unless otherwise approved by the zoning board of appeals. The zoning board of appeals shall require that a cash performance guarantee be posted to ensure completion of the main building, as a condition of approval for prior construction of an accessory building.
(3)
Attached accessory buildings and structures. Where the accessory building is structurally attached to a main building (such as an attached garage, breezeway, or workshop) it shall be considered a part of the principal building for the purposes of determining conformance with setback, height, and lot coverage requirements.
(4)
Detached accessory buildings and structures.
a.
Setbacks. In the R-1 and R-2 zoning districts, side and rear setbacks shall be three (3) feet. In all other zoning districts, side and rear setbacks of accessory structures shall comply with the with the setback requirements in section 18-68. When a building accessory to a residential building is located on a corner lot, the side lot line of which is substantially a continuation of a front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot in the rear of such corner lot. A building accessory to a residential building shall in no case be located nearer than then (10) feet to a street right-of-way line.
b.
Distance between buildings. No detached building accessory to a residential building shall be located closer than ten (10) feet to any building on the site.
c.
Height. Accessory buildings in the R-1 and R-2 districts shall not exceed fourteen (14) feet in height. Accessory buildings and structures in all other zones shall comply with the maximum building height requirement for the district in which they are located, as established in section 18-68. Accessory buildings and structures associated with a legal farm operation protected under the Right to Farm Act shall be exempt from the height restrictions of this section.
d.
Lot coverage. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards established in section 18-68.
(5)
Location. Accessory buildings and structures shall not be located within a dedicated easement or right-of-way. Additionally, all accessory structures shall be located outside of the required front setbacks as established in section 18-68 and behind the front building line of the principal structure.
(6)
Area in relation to principal buildings. The total floor area of all attached and detached accessory structures in R-1 and R-2 zoning districts shall not exceed the total floor area of the main dwelling on the same lot.
(Ord. No. 01-20, § 18.204, 2-10-20; Ord. No. 01-21, § 2, 3-22-21)
No temporary buildings shall be erected in the township except in compliance with the following:
(a)
Temporary dwellings. No temporary structure whether of a fixed or moveable nature, may be erected, altered or moved upon in whole or in part for any dwelling purpose for any length of time except as provided in this section. If a dwelling is destroyed or damaged by a natural or manmade event, such as fire, flood, windstorm or tornado, to an extent that is uninhabitable for a period of time, a temporary dwelling, including a mobile home, approved by the township board, may be moved on to the lot, after obtaining a permit from the building official for use as a temporary dwelling during replacement or repair of the permanent dwelling. The temporary dwelling shall be placed so as to conform to all yard requirements of the zoning district in which it is located, and shall be connected to a private water supply and sewage disposal systems approved by the county health department or to public water supply and sewage disposal systems.
(1)
The building official shall establish a reasonable date for removal of the temporary dwelling; such date shall not exceed one hundred eighty (180) days from the date of issuance of such permit which shall be subject to renewal for a specific length of time approved by the building official for demonstrated cause. In unique circumstances or cases of extreme hardships, relief may be sought under the provisions of section 18-353. The temporary dwelling shall be removed from the lot within two (2) weeks of the date of occupancy of the replaced or repaired dwelling with the date of occupancy to be as listed on the certificate of occupancy. A performance bond in an amount established by the township board shall be provided to ensure removal of the temporary building.
(2)
The building official shall provide a written statement setting forth the conditions and permissions granted under this section to the residents so dislodged and shall retain a copy in his files. The building official shall notify the township board and planning commission in writing of each such permission granted under this section.
(b)
Temporary construction structures. Temporary buildings and/or structures may be used as construction facilities provided that a permit is obtained for such use from the building official.
(Ord. No. 01-20, § 18.205, 2-10-20)
It is the intent of this article to place essential services and property owned, leased, or operated by public agencies, including local, state, federal, or any other public or governmental body or agency, under the provisions of this article as follows:
(a)
Essential services shall be permitted in any district.
(b)
Buildings constructed in conjunction with an essential service, shall constitute and be treated as special land uses in any zoning district pursuant to the requirements of article VII.
(c)
Property owned, leased, or operated by the state or the federal government shall be exempted from the provisions of this section only to the extent that said property may not be constitutionally regulated by the township.
(d)
Wireless communication facilities shall not be regulated as an essential service and are subject to the provisions of section 18-180. Wireless communication facilities owned by a governmental agency shall be regulated as a special land use in all districts.
(Ord. No. 01-20, § 18.206, 2-10-20)
All proposed design and construction of utilities, pavement, drives sidewalks, and stormwater management facilities shall comply with township engineering and construction standards.
(Ord. No. 01-20, § 18.207, 2-10-20)
(a)
Each dwelling unit and any addition thereto shall be firmly attached to a permanent foundation constructed on the site in accordance with the Michigan State Construction Code, and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. If the dwelling is a manufactured home, as defined herein, such dwelling and any addition shall be installed pursuant to the manufacturer's instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulation of the State Manufactured Housing Commission, and shall have a perimeter wall as required above. If the dwelling unit is a manufactured home, as defined herein, each unit shall be installed with the towing system, axles, wheels, and undercarriage or chassis removed.
(b)
The minimum floor area per dwelling unit shall be in accordance with the schedule set forth in section 18-67(f).
(c)
The minimum width of any side of a single-family dwelling shall be at least twenty (20) feet. The side of a single-family dwelling shall be considered to be the face along the narrowest dimension of the building.
(d)
Each dwelling unit shall be connected to public water and sanitary sewer mains, if available, or to on-site water and sanitary sewage facilities approved by the county health department.
(e)
All construction shall be commenced only after a building permit has been obtained in accordance with the applicable Michigan State Construction Code provisions and requirements.
(f)
Not more than one (1) single-family dwelling shall be permitted on a lot, except in a planned unit development, a manufactured housing park, or as a temporary dwelling as provided in section 18-205, or unless other permitted in this chapter.
(g)
No dwelling unit shall be removed from a foundation until a permit therefore has been issued by the building official, in accordance with the Michigan State Construction Code.
(h)
The foregoing standards shall not apply to a manufactured home located in a licensed manufacturing housing community, except to the extent required by state or federal low, or otherwise specifically required in the ordinance of the township pertaining to such developments.
(Ord. No. 01-20, § 18.208, 2-10-20)
Access drives may be placed in required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Any walk, terrace or other pavement, servicing the like function, and not in excess of nine (9) inches above grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yards.
(Ord. No. 01-20, § 18.209, 2-10-20)
(a)
Location. Entrance structures may be provided for residential areas, shopping centers, industrial parks, and similar developments. The structure(s) may consist of walls, columns or gates, and may be located within required yards. The location and design of an entrance structure shall not interfere with pedestrian, bicycle, or vehicular traffic movement; and shall conform to the requirements of section 18-211 and shall not create a safety hazard.
(b)
Building permit. An entrance structure shall not be constructed until a building permit has been issued. The planning commission shall have approved the location, design, and maintenance provisions for an entrance structure before the building permit may be issued.
(c)
Maintenance. All entrance structures shall be regularly maintained in good and safe condition. A mechanism shall be established for assuring the required maintenance.
(d)
Application requirements. Entrance structures should be approved with a development's site plan. However, if an entrance structure is considered to an existing development the following information should be provided for consideration:
(1)
Precise location of the structure.
(2)
Plan and elevation drawings of the structure, including dimensions.
(3)
Location of electrical wiring and fixtures, if applicable.
(4)
Provisions regarding the maintenance of the structure.
(e)
Identification sign. An identification sign permitted in the district in which the entrance structure is to be located may be mounted on an entrance structure or made a structural part thereof. Such signs shall conform to all sign regulations as set forth in article XIII, except setback requirements. No sign containing advertising material shall be mounted on, or made a structural part of, an entrance structure.
(f)
Security columns and gates for single-family residential properties.
(1)
Location. Security columns and gates must be setback at least ten (10) feet from the road right-of-way or five (5) feet from any public sidewalk, whichever is greater.
(2)
Dimensions.
a.
Columns may not exceed four (4) feet by four (4) feet in width.
b.
Columns, including decorative features, cannot exceed a height of eight (8) feet above grade.
c.
Gates cannot exceed a height of six (6) feet above grade.
d.
Fencing or a wing wall on either side of gate may reach a height of six (6) feet above grade with a maximum length of eight (8) feet from each side of a column.
e.
Any portion of the entrance structure that extends more than eight (8) feet from any side of the column must comply with the provisions as set forth in section 18-266, fences.
(3)
Other.
a.
Gates must swing inward to site.
b.
Gates may not have spikes.
c.
Fence and/or gate shall be of uniform design and well-maintained.
(Ord. No. 01-20, § 18.210, 2-10-20)
(a)
Intent. Site grading regulations are established to ensure adequate drainage away from structures and to a natural or established drainage course and to ensure protection of trees and vegetation on sites where grading is to take place.
(b)
Scope of application. A grading permit shall be required, subject to review by the building official, in all instances where grading, excavating, filling, stockpiling, balancing or other alterations to the land are proposed. "Filling" includes the dumping of soil, sand, clay, gravel, or other material on a site.
(1)
Exemptions. Where minor alterations to the land that do not affect the stormwater drainage pattern are proposed, a grading permit shall not be required. Minor alterations are defined as one hundred (100) cubic yards of fill, twenty (20) cubic yards of excavation, or fifty (50) cubic yards of balancing per half-acre, not to exceed one hundred (100) cubic yards. If the stormwater drainage pattern of the land will be altered, a grading permit shall be required regardless of the scope of the alterations.
(2)
Fee. The grading permit fee shall be established by resolution of the township board.
(3)
Extraction. The requirements of this section shall not apply to any extraction operation governed by the regulations of the township extractive operations ordinance or by the section of article XVI of the township codified ordinances governing extractive operations.
(4)
County drain commissioner. Activities of the Monroe County Drain Commissioner's office, including clearing and dredging of regulated drains and ditches, shall be exempt from the requirements of this section.
(c)
Grading plan. In the event that a grading permit is required, the applicant shall first submit three (3) copies of the grading plan for review and approval by the building official or designee (e.g., township engineer), and other authorities having jurisdiction, such as the Michigan Department of Environmental Quality. A licensed professional engineer or licensed professional surveyor shall prepare such plans. Two (2) signed, approved copies of the grading plan shall be retained by the township and one copy returned to the applicant.
(d)
Grading plan standards. At a minimum, grading plans shall show existing and proposed grade elevations adjacent to existing and proposed structures on the subject property and at the structures within one hundred (100) feet of the lot line on adjacent properties. In addition, sufficient existing and proposed elevations shall be shown for the site and for as much of the adjacent property as is necessary to establish the proposed surface drainage pattern.
(1)
Amount of material. if excavation or filling is proposed, the amount of material to be excavated or filled shall be indicated on the grading plan.
(2)
Basis for elevations. All elevations shall be based on U.S.G.S. datum. Elevations and location of benchmarks used for determining elevations shall be shown on the plan.
(3)
Slope away from building and finished floor elevations. All buildings and structures shall be constructed at an elevation that provides a sloping grade away from the building or structure, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course. The grade shall not exceed five percent (5%) slope away from the building or structure for a minimum distance of ten (10) feet. The slope shall be measured from the highest point along the side lot line to the building line.
(4)
Runoff onto adjacent properties. New grades shall not be established that would permit an increase in the runoff of surface water onto adjacent properties, except directly through an established drainage course, swale, ditch, or easement.
(5)
Stockpiling. The open storage of undistributed soil, sand, clay, gravel, and similar material for a period of more than thirty (30) days shall be prohibited, except where permitted as part of an approved construction project, approved excavation operation, or approved use in an industrial district.
(6)
Suitable fill material. Fill material brought into the township shall consist of clean, compactable, natural earth materials free of contamination from hazardous substances. Fill material shall contain no more than five percent (5%) broken concrete and shall not contain any other foreign matter, including brick, crockery, or other debris or waste. The building official or township engineer may require verification from a qualified soil-testing laboratory that the fill is free of all contamination.
(e)
Review, inspection, and approval procedures. The township engineer and other authorities having jurisdiction shall review grading plans. The building official may issue a grading permit after the determination has been made that the requirements set forth herein and in other applicable ordinances have been complied with.
(f)
Final grading plan. An as-built plan, prepared by a licensed professional engineer or licensed professional surveyor and clearly indicating compliance with the approved grading plan, shall be submitted prior to the issuance of an occupancy permit.
(Ord. No. 01-20, § 18.211, 2-10-20)
(a)
Size and location requirements.
(1)
No pond construction will be permitted on a parcel of land containing less than five (5) acres. Such pond shall not exceed twenty percent (20%) of the total parcel area. No soil, sand, earthen rock, gravel or other materials shall be removed from the parcel. One (1) pond shall be permitted per parcel.
(2)
A pond shall be permitted as an accessory use in the AG, R-1 and R-2 districts on a parcel of land with a principal residence. No pond permit shall be issued until a principal residence "rough in" is inspected and approved by the township building official, except farm ponds as defined in article II.
(3)
No pond shall be located closer than one hundred (100) feet from the front, side, and rear lot lines or any right-of-way, nor closer than fifty (50) feet from the required principal use structure, nor closer than one hundred (100) feet from any septic tank and/or septic field.
(4)
All earth excavated during construction of the pond shall be evenly graded out on the parcel consistent with the approved design plans. All extracted material must remain on the subject property. Excavated material shall not be placed where it will impede drainage or cause flooding on adjacent parcels.
(5)
No pond shall be located closer than fifty (50) feet from any telephone, electrical or other utility line located above or below ground.
(6)
A pond shall be constructed in such a manner that no overflow, spillage, or seepage shall encroach on adjacent lots or parcels.
(7)
The side slopes of the pond shall be stable and be no steeper than a horizontal to depth ratio of three to one (3:1); except that sand banking shall be no steeper than a horizontal to depth ratio of four to one (4:1), to a depth of six (6) feet, and that a pond without soil sides or bottom, such as peat, shall not be permitted.
(8)
Ponds shall have a minimum depth of eight (8) feet in the middle of the pond measured from the anticipated low water mark.
(b)
Township approval process.
(1)
A pond shall not be created, built, or used until a plan is submitted, and a permit shall have been obtained from the township building official and a permit fee and any inspections fees shall have been paid in an amount as set by the township board.
(2)
A plot plan and an application form (provided by the township) shall be completed by the applicant. The plan shall be a scale drawing that must provide sufficient information and details concerning the following:
a.
The size and dimensions of the proposed pond including at least one (1) cross section of the pond.
b.
The proposed location of the pond and its relationship to all existing dwellings within one hundred (100) feet, existing or proposed buildings on the subject parcel, livestock pens or other structures, easements, existing septic system and drainfield on the subject parcel and adjacent parcels, utility lines including gas, electric, telephone and cable, property line of the subject parcel with verification by a mortgage survey, and dimensions from all property lines and the street right-of-way.
c.
Proposed site grading and finished elevations shall be illustrated on the site plan in sufficient detail to determine the direction of stormwater runoff and the drainage system to receive runoff.
d.
The area of the pond and its percentage of the total ground surface area of the lot upon which the pond is located.
e.
All rivers, streams, lakes, ponds, wetlands and floodplains which are located on the subject property.
(3)
The applicant shall provide evidence that all appropriate permits have been applied for and granted, as may be required for the Monroe County Drain Commissioner, Monroe County Health Department, MDEQ and other agencies within jurisdiction.
(4)
After the building official finds that all the required plot plan and application materials are submitted and meet the requirements found herein, an on-site visit shall be scheduled for the building official to review the property where the pond is to be constructed.
(5)
The building official's approval shall become null and void if substantial construction has not been commenced within six (6) months following the final approval of the plot plan, or if construction has not been completed within twelve (12) months following issuance of a pond permit. A permit issued in accordance with the provisions of this section shall remain valid for twelve (12) months from the day of issuance. Prior to the permit expiration date, the time limit may be extended by the building official for no more than an additional six (6) months, if in the opinion of the building official, the applicant is diligently proceeding with construction consistent with the approved plan and the additional time is reasonably necessary to complete the approved improvements.
(c)
All ponds shall have a safety station for each one-half (0.5) acre of the pond's water surface when measured at the high water level, and each such safety station shall have an approved U.S. Coast Guard life ring with one hundred (100) feet of rope and a ten (10)-foot pole on a wooden post extending four (4) feet above grade on which a deep water ring shall be mounted.
(d)
A pond shall be maintained so as to ensure that unsanitary conditions or obnoxious odors will not be created by the growth of biological organisms. If a pond is not maintained and becomes a detriment to the health, safety and welfare of the community, the Berlin Charter Township Board shall have the authority to have the pond cleaned and properly maintained or filled in, both at the owner's expense and collected in the same manner as delinquent general property taxes.
(e)
The requirements of this section shall not apply to the following operations, provided such operations do not, or are not likely to affect the drainage or lateral support of any adjacent or contiguous property or the safety of any persons, and provided such operations are adequately regulated by other laws, ordinances or regulations:
(1)
The excavation of any swimming pool, stormwater detention basin, basement or temporary excavation, pit, hole, trench, or other temporary movement of any soil matter or earth material in which water may potentially accumulate as a result of a bona fide permit issued by an authorized township official.
(2)
The removal of any soil matter or earth materials resulting from the clearing, deepening or straightening of any drain under the jurisdiction of the Monroe County Drain Commission, or any ditch or drain under the jurisdiction of any public road authority such as the Monroe County Road Commission.
(3)
The creation of a landscape pond or water comprised of an assemblage of materials (i.e., concrete, wood, plastic, vinyl, and/or masonry) as defined in article II, whether permanent or temporary, portable or non-portable, above or below grade, capable of containing water to a maximum depth of no more than twenty-four (24) inches measured from the deepest point, and not exceeding more than two hundred (200) square feet in water area.
(Ord. No. 01-20, § 18.212, 2-10-20)
A home occupation may be permitted in a single-family detached dwelling within a zoning district where such dwelling is permitted, subject to the following conditions, and further subject to the approval of the planning commission and the township board:
(a)
Not more than one (1) person outside of the family shall be engaged in such operation.
(b)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than twenty percent (20%) of the floor area of the dwelling unit may be used for the purpose of the home occupation.
(c)
A home occupation shall be conducted within the dwelling unit or within an accessory building.
(d)
There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and there shall not be external alterations uncustomary in residential areas.
(e)
No article shall be sold or offered for sale on the premises except such as is prepared within the dwelling or accessory building or is provided as incidental to the service or profession conducted therein.
(f)
Parking for the home occupation shall not exceed two (2) parked vehicles.
(g)
Exterior storage of material, equipment or refuse associated with or resulting from a home occupation shall be prohibited.
(h)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor or electrical interferences which are nuisances to persons off the lot. Any electrical equipment process which creates visual or audible interferences with any radio or television receivers off the premises or which causes fluctuations in line voltages off the premises shall be prohibited.
(i)
Signs not customarily found in residential areas shall be prohibited, except however, that one (1) non-illuminated sign, professionally prepared, not more than four (4) square feet in area may be installed on the premises. Such signs shall conform with section 18-285.
(Ord. No. 01-20, § 18.213, 2-10-20)
(a)
Portable storage units shall be permitted in single-family residential zoning district subject to the following regulations:
(1)
The maximum allowable size for a portable storage unit is two hundred (200) square feet.
(2)
No more than two (2) portable storage units shall be permitted on a property at any time.
(3)
Portable storage units shall not be on a property for more than ninety (90) days within any three hundred sixty-five (365) day period regardless of the number of portable storage units. The zoning official may grant an extension, not to exceed thirty (30) days, for extenuating circumstances which would include, but not be limited to, natural disasters, fire, or Acts of God.
(4)
Portable storage units shall not be placed such that they obstruct pedestrian or vehicular movements nor shall they be located in a clear vision area (see section 18-243).
(b)
The above regulations shall apply to portable storage units in all other zoning districts, other than single-family residential districts, except that the units shall not be on a property for more than one hundred eighty (180) days within any three hundred sixty-five (365) day period regardless of the number of portable storage units. The zoning official may grant an extension, not to exceed thirty (30) days, for extenuating circumstances which would include, but not be limited to, natural disasters, fire, or Acts of God.
(Ord. No. 01-20, § 18.214, 2-10-20)
(a)
Storage containers shall not be located in the required front setback area.
(b)
Storage containers may be permitted on site during new construction, repair of fire damage, or Acts of God, and remodeling of a building or structure.
(c)
Storage containers may be permitted on a temporary basis as follows:
(1)
No more than three (3) storage containers shall be permitted per business for a single ninety (90) day period per calendar year.
(2)
A permit for temporary storage containers shall be issued by the zoning official.
(d)
Storage containers may be permitted on a permanent basis subject to the following requirements:
(1)
The storage container must be located in an area screened by an opaque fence or wall not less than seven (7) feet in height. The fence or wall shall be constructed of durable material, such as wood or masonry. Wire fencing or fencing with plastic, aluminum, or other filler strips shall not be used.
(2)
The storage containers shall not block ingress or egress doors, fire department hose connections, utility pedestals, wall mounts, access aisles, etc.
(3)
At no time shall there be more than three (3) storage containers on the premises.
(4)
Storage containers shall not be stacked nor shall anything be stored on top of the containers.
(5)
Storage containers shall not occupy parking spaces to the extent that the premises are no longer in compliance with the minimum parking requirements herein.
(6)
Storage containers no longer in use shall be removed from the premises.
(Ord. No. 01-20, § 18.215, 2-10-20)
(a)
Horses and other livestock may be kept only in accordance with the following schedule:
(b)
All animals shall be properly fenced and contained.
(c)
Barns suitable for housing of animals and storage of the necessary hay and grain they consume may be constructed on the premises in accordance with section 18-204. All barns and out-buildings shall require a zoning compliance permit. Where such buildings abut a residentially zoned or used lot, barns and out-buildings shall conform to minimum setback requirements for principal residential buildings.
(d)
Special training or exercising corrals shall be located not less than one hundred (100) feet from any lot line.
(e)
Except on farms, accumulations or manure shall be limited to a single designated area and shall be a minimum of one hundred fifty (150) feet from all public rights-of-way, a minimum of one hundred (100) feet from side and rear lot lines, and a minimum of one hundred (100) feet from all dwellings.
(f)
The following discretionary standards shall be used in considering special approval for the keeping of horses or ponies on lots of two (2) acres or more in residentially used lots zoned AG:
(1)
A fenced corral or pen with fence construction sufficient to contain horses on the owner's property shall be provided.
(2)
The facilities and conditions shall be such as to assure that the public health, safety and welfare is safeguarded with particular reference to objectionable noises, odors, infestations, insects, fences, security and nuisances.
(3)
Provision shall be made to ensure that the keeping of horses or ponies will not adversely affect the peaceful use of adjacent lots.
(4)
The potential impact on the view from neighboring lots in relationship to unsightly areas such as barnyards, manure piles, barn doors, gates, chutes, fences, etc., shall be considered.
(g)
Other animals which are not specifically permitted hereunder are prohibited except for pets and other animals permitted by the Monroe County Health Department and under conditions designed to protect the public health, safety and welfare. Exotic animals, furbearing animals and game are allowed in the AG district after special approval from the township, in accordance with the standards of this section and article VII.
(Ord. No. 01-20, § 18.216, 2-10-20)
(a)
Hobby kennels shall be permitted as an accessory use in any zoning district where single-family dwellings are permitted uses.
(b)
Commercial kennels shall be a special land use in the AG and B-2 districts subject to the following conditions:
(1)
A minimum lot size of five (5) acres in the B-2 district, and ten (10) acres in the AG district shall be maintained.
(2)
Any building or fenced area where animals are kept shall be located a minimum of two hundred (200) feet from any public right-of-way, one hundred (100) feet from any property line, and one hundred fifty (150) feet from any residential dwelling located off the premises.
(3)
The kennel shall be established and maintained in accordance with all applicable state, county and township sanitation regulations. Odor, dust, noise, drainage, or insects shall not constitute a nuisance to adjoining properties.
(4)
A site plan shall be submitted in accordance with article VI.
(Ord. No. 01-20, § 18.217, 2-10-20)
(a)
An indoor riding arena, whether for a hobby or commercial horse stable, shall require a minimum of ten (10) acres.
(b)
Hobby stables shall be permitted as an accessory use in the AG district, subject to the restrictions set for in section 18-216.
(c)
A commercial stable shall be established and maintained in accordance with all applicable state, county, and township sanitation regulations.
(d)
A site plan shall be submitted in accordance with article VI.
(Ord. No. 01-20, § 18.218, 2-10-20)
GENERAL PROVISIONS
It is the purpose of this article to provide regulations that are generally applicable to all uses regardless of zoning district.
(Ord. No. 01-20, § 18.201, 2-10-20)
Not more than one (1) principal detached single-family dwelling unit shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure, except as otherwise permitted herein.
(Ord. No. 01-20, § 18.202, 2-10-20)
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a township or other public election.
(Ord. No. 01-20, § 18.203, 2-10-20)
No temporary buildings shall be erected in the township except in compliance with the following:
(1)
Use of accessory buildings and structures. Attached and detached accessory buildings and structures associated with residential dwelling shall only be used for the storage of personal property and for the conduct of a permitted home occupation, as regulated in section 18-213. Such buildings and structures shall not be used as dwelling units or for the conduct of any other business, profession, trade or occupations or as storage that is offered for rent.
(2)
Timing of construction. No accessory building or structure shall be constructed or established on a parcel unless there is a principal building, structure or use being constructed or already established on the same parcel of land, unless otherwise approved by the zoning board of appeals. The zoning board of appeals shall require that a cash performance guarantee be posted to ensure completion of the main building, as a condition of approval for prior construction of an accessory building.
(3)
Attached accessory buildings and structures. Where the accessory building is structurally attached to a main building (such as an attached garage, breezeway, or workshop) it shall be considered a part of the principal building for the purposes of determining conformance with setback, height, and lot coverage requirements.
(4)
Detached accessory buildings and structures.
a.
Setbacks. In the R-1 and R-2 zoning districts, side and rear setbacks shall be three (3) feet. In all other zoning districts, side and rear setbacks of accessory structures shall comply with the with the setback requirements in section 18-68. When a building accessory to a residential building is located on a corner lot, the side lot line of which is substantially a continuation of a front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot in the rear of such corner lot. A building accessory to a residential building shall in no case be located nearer than then (10) feet to a street right-of-way line.
b.
Distance between buildings. No detached building accessory to a residential building shall be located closer than ten (10) feet to any building on the site.
c.
Height. Accessory buildings in the R-1 and R-2 districts shall not exceed fourteen (14) feet in height. Accessory buildings and structures in all other zones shall comply with the maximum building height requirement for the district in which they are located, as established in section 18-68. Accessory buildings and structures associated with a legal farm operation protected under the Right to Farm Act shall be exempt from the height restrictions of this section.
d.
Lot coverage. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards established in section 18-68.
(5)
Location. Accessory buildings and structures shall not be located within a dedicated easement or right-of-way. Additionally, all accessory structures shall be located outside of the required front setbacks as established in section 18-68 and behind the front building line of the principal structure.
(6)
Area in relation to principal buildings. The total floor area of all attached and detached accessory structures in R-1 and R-2 zoning districts shall not exceed the total floor area of the main dwelling on the same lot.
(Ord. No. 01-20, § 18.204, 2-10-20; Ord. No. 01-21, § 2, 3-22-21)
No temporary buildings shall be erected in the township except in compliance with the following:
(a)
Temporary dwellings. No temporary structure whether of a fixed or moveable nature, may be erected, altered or moved upon in whole or in part for any dwelling purpose for any length of time except as provided in this section. If a dwelling is destroyed or damaged by a natural or manmade event, such as fire, flood, windstorm or tornado, to an extent that is uninhabitable for a period of time, a temporary dwelling, including a mobile home, approved by the township board, may be moved on to the lot, after obtaining a permit from the building official for use as a temporary dwelling during replacement or repair of the permanent dwelling. The temporary dwelling shall be placed so as to conform to all yard requirements of the zoning district in which it is located, and shall be connected to a private water supply and sewage disposal systems approved by the county health department or to public water supply and sewage disposal systems.
(1)
The building official shall establish a reasonable date for removal of the temporary dwelling; such date shall not exceed one hundred eighty (180) days from the date of issuance of such permit which shall be subject to renewal for a specific length of time approved by the building official for demonstrated cause. In unique circumstances or cases of extreme hardships, relief may be sought under the provisions of section 18-353. The temporary dwelling shall be removed from the lot within two (2) weeks of the date of occupancy of the replaced or repaired dwelling with the date of occupancy to be as listed on the certificate of occupancy. A performance bond in an amount established by the township board shall be provided to ensure removal of the temporary building.
(2)
The building official shall provide a written statement setting forth the conditions and permissions granted under this section to the residents so dislodged and shall retain a copy in his files. The building official shall notify the township board and planning commission in writing of each such permission granted under this section.
(b)
Temporary construction structures. Temporary buildings and/or structures may be used as construction facilities provided that a permit is obtained for such use from the building official.
(Ord. No. 01-20, § 18.205, 2-10-20)
It is the intent of this article to place essential services and property owned, leased, or operated by public agencies, including local, state, federal, or any other public or governmental body or agency, under the provisions of this article as follows:
(a)
Essential services shall be permitted in any district.
(b)
Buildings constructed in conjunction with an essential service, shall constitute and be treated as special land uses in any zoning district pursuant to the requirements of article VII.
(c)
Property owned, leased, or operated by the state or the federal government shall be exempted from the provisions of this section only to the extent that said property may not be constitutionally regulated by the township.
(d)
Wireless communication facilities shall not be regulated as an essential service and are subject to the provisions of section 18-180. Wireless communication facilities owned by a governmental agency shall be regulated as a special land use in all districts.
(Ord. No. 01-20, § 18.206, 2-10-20)
All proposed design and construction of utilities, pavement, drives sidewalks, and stormwater management facilities shall comply with township engineering and construction standards.
(Ord. No. 01-20, § 18.207, 2-10-20)
(a)
Each dwelling unit and any addition thereto shall be firmly attached to a permanent foundation constructed on the site in accordance with the Michigan State Construction Code, and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. If the dwelling is a manufactured home, as defined herein, such dwelling and any addition shall be installed pursuant to the manufacturer's instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulation of the State Manufactured Housing Commission, and shall have a perimeter wall as required above. If the dwelling unit is a manufactured home, as defined herein, each unit shall be installed with the towing system, axles, wheels, and undercarriage or chassis removed.
(b)
The minimum floor area per dwelling unit shall be in accordance with the schedule set forth in section 18-67(f).
(c)
The minimum width of any side of a single-family dwelling shall be at least twenty (20) feet. The side of a single-family dwelling shall be considered to be the face along the narrowest dimension of the building.
(d)
Each dwelling unit shall be connected to public water and sanitary sewer mains, if available, or to on-site water and sanitary sewage facilities approved by the county health department.
(e)
All construction shall be commenced only after a building permit has been obtained in accordance with the applicable Michigan State Construction Code provisions and requirements.
(f)
Not more than one (1) single-family dwelling shall be permitted on a lot, except in a planned unit development, a manufactured housing park, or as a temporary dwelling as provided in section 18-205, or unless other permitted in this chapter.
(g)
No dwelling unit shall be removed from a foundation until a permit therefore has been issued by the building official, in accordance with the Michigan State Construction Code.
(h)
The foregoing standards shall not apply to a manufactured home located in a licensed manufacturing housing community, except to the extent required by state or federal low, or otherwise specifically required in the ordinance of the township pertaining to such developments.
(Ord. No. 01-20, § 18.208, 2-10-20)
Access drives may be placed in required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Any walk, terrace or other pavement, servicing the like function, and not in excess of nine (9) inches above grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yards.
(Ord. No. 01-20, § 18.209, 2-10-20)
(a)
Location. Entrance structures may be provided for residential areas, shopping centers, industrial parks, and similar developments. The structure(s) may consist of walls, columns or gates, and may be located within required yards. The location and design of an entrance structure shall not interfere with pedestrian, bicycle, or vehicular traffic movement; and shall conform to the requirements of section 18-211 and shall not create a safety hazard.
(b)
Building permit. An entrance structure shall not be constructed until a building permit has been issued. The planning commission shall have approved the location, design, and maintenance provisions for an entrance structure before the building permit may be issued.
(c)
Maintenance. All entrance structures shall be regularly maintained in good and safe condition. A mechanism shall be established for assuring the required maintenance.
(d)
Application requirements. Entrance structures should be approved with a development's site plan. However, if an entrance structure is considered to an existing development the following information should be provided for consideration:
(1)
Precise location of the structure.
(2)
Plan and elevation drawings of the structure, including dimensions.
(3)
Location of electrical wiring and fixtures, if applicable.
(4)
Provisions regarding the maintenance of the structure.
(e)
Identification sign. An identification sign permitted in the district in which the entrance structure is to be located may be mounted on an entrance structure or made a structural part thereof. Such signs shall conform to all sign regulations as set forth in article XIII, except setback requirements. No sign containing advertising material shall be mounted on, or made a structural part of, an entrance structure.
(f)
Security columns and gates for single-family residential properties.
(1)
Location. Security columns and gates must be setback at least ten (10) feet from the road right-of-way or five (5) feet from any public sidewalk, whichever is greater.
(2)
Dimensions.
a.
Columns may not exceed four (4) feet by four (4) feet in width.
b.
Columns, including decorative features, cannot exceed a height of eight (8) feet above grade.
c.
Gates cannot exceed a height of six (6) feet above grade.
d.
Fencing or a wing wall on either side of gate may reach a height of six (6) feet above grade with a maximum length of eight (8) feet from each side of a column.
e.
Any portion of the entrance structure that extends more than eight (8) feet from any side of the column must comply with the provisions as set forth in section 18-266, fences.
(3)
Other.
a.
Gates must swing inward to site.
b.
Gates may not have spikes.
c.
Fence and/or gate shall be of uniform design and well-maintained.
(Ord. No. 01-20, § 18.210, 2-10-20)
(a)
Intent. Site grading regulations are established to ensure adequate drainage away from structures and to a natural or established drainage course and to ensure protection of trees and vegetation on sites where grading is to take place.
(b)
Scope of application. A grading permit shall be required, subject to review by the building official, in all instances where grading, excavating, filling, stockpiling, balancing or other alterations to the land are proposed. "Filling" includes the dumping of soil, sand, clay, gravel, or other material on a site.
(1)
Exemptions. Where minor alterations to the land that do not affect the stormwater drainage pattern are proposed, a grading permit shall not be required. Minor alterations are defined as one hundred (100) cubic yards of fill, twenty (20) cubic yards of excavation, or fifty (50) cubic yards of balancing per half-acre, not to exceed one hundred (100) cubic yards. If the stormwater drainage pattern of the land will be altered, a grading permit shall be required regardless of the scope of the alterations.
(2)
Fee. The grading permit fee shall be established by resolution of the township board.
(3)
Extraction. The requirements of this section shall not apply to any extraction operation governed by the regulations of the township extractive operations ordinance or by the section of article XVI of the township codified ordinances governing extractive operations.
(4)
County drain commissioner. Activities of the Monroe County Drain Commissioner's office, including clearing and dredging of regulated drains and ditches, shall be exempt from the requirements of this section.
(c)
Grading plan. In the event that a grading permit is required, the applicant shall first submit three (3) copies of the grading plan for review and approval by the building official or designee (e.g., township engineer), and other authorities having jurisdiction, such as the Michigan Department of Environmental Quality. A licensed professional engineer or licensed professional surveyor shall prepare such plans. Two (2) signed, approved copies of the grading plan shall be retained by the township and one copy returned to the applicant.
(d)
Grading plan standards. At a minimum, grading plans shall show existing and proposed grade elevations adjacent to existing and proposed structures on the subject property and at the structures within one hundred (100) feet of the lot line on adjacent properties. In addition, sufficient existing and proposed elevations shall be shown for the site and for as much of the adjacent property as is necessary to establish the proposed surface drainage pattern.
(1)
Amount of material. if excavation or filling is proposed, the amount of material to be excavated or filled shall be indicated on the grading plan.
(2)
Basis for elevations. All elevations shall be based on U.S.G.S. datum. Elevations and location of benchmarks used for determining elevations shall be shown on the plan.
(3)
Slope away from building and finished floor elevations. All buildings and structures shall be constructed at an elevation that provides a sloping grade away from the building or structure, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course. The grade shall not exceed five percent (5%) slope away from the building or structure for a minimum distance of ten (10) feet. The slope shall be measured from the highest point along the side lot line to the building line.
(4)
Runoff onto adjacent properties. New grades shall not be established that would permit an increase in the runoff of surface water onto adjacent properties, except directly through an established drainage course, swale, ditch, or easement.
(5)
Stockpiling. The open storage of undistributed soil, sand, clay, gravel, and similar material for a period of more than thirty (30) days shall be prohibited, except where permitted as part of an approved construction project, approved excavation operation, or approved use in an industrial district.
(6)
Suitable fill material. Fill material brought into the township shall consist of clean, compactable, natural earth materials free of contamination from hazardous substances. Fill material shall contain no more than five percent (5%) broken concrete and shall not contain any other foreign matter, including brick, crockery, or other debris or waste. The building official or township engineer may require verification from a qualified soil-testing laboratory that the fill is free of all contamination.
(e)
Review, inspection, and approval procedures. The township engineer and other authorities having jurisdiction shall review grading plans. The building official may issue a grading permit after the determination has been made that the requirements set forth herein and in other applicable ordinances have been complied with.
(f)
Final grading plan. An as-built plan, prepared by a licensed professional engineer or licensed professional surveyor and clearly indicating compliance with the approved grading plan, shall be submitted prior to the issuance of an occupancy permit.
(Ord. No. 01-20, § 18.211, 2-10-20)
(a)
Size and location requirements.
(1)
No pond construction will be permitted on a parcel of land containing less than five (5) acres. Such pond shall not exceed twenty percent (20%) of the total parcel area. No soil, sand, earthen rock, gravel or other materials shall be removed from the parcel. One (1) pond shall be permitted per parcel.
(2)
A pond shall be permitted as an accessory use in the AG, R-1 and R-2 districts on a parcel of land with a principal residence. No pond permit shall be issued until a principal residence "rough in" is inspected and approved by the township building official, except farm ponds as defined in article II.
(3)
No pond shall be located closer than one hundred (100) feet from the front, side, and rear lot lines or any right-of-way, nor closer than fifty (50) feet from the required principal use structure, nor closer than one hundred (100) feet from any septic tank and/or septic field.
(4)
All earth excavated during construction of the pond shall be evenly graded out on the parcel consistent with the approved design plans. All extracted material must remain on the subject property. Excavated material shall not be placed where it will impede drainage or cause flooding on adjacent parcels.
(5)
No pond shall be located closer than fifty (50) feet from any telephone, electrical or other utility line located above or below ground.
(6)
A pond shall be constructed in such a manner that no overflow, spillage, or seepage shall encroach on adjacent lots or parcels.
(7)
The side slopes of the pond shall be stable and be no steeper than a horizontal to depth ratio of three to one (3:1); except that sand banking shall be no steeper than a horizontal to depth ratio of four to one (4:1), to a depth of six (6) feet, and that a pond without soil sides or bottom, such as peat, shall not be permitted.
(8)
Ponds shall have a minimum depth of eight (8) feet in the middle of the pond measured from the anticipated low water mark.
(b)
Township approval process.
(1)
A pond shall not be created, built, or used until a plan is submitted, and a permit shall have been obtained from the township building official and a permit fee and any inspections fees shall have been paid in an amount as set by the township board.
(2)
A plot plan and an application form (provided by the township) shall be completed by the applicant. The plan shall be a scale drawing that must provide sufficient information and details concerning the following:
a.
The size and dimensions of the proposed pond including at least one (1) cross section of the pond.
b.
The proposed location of the pond and its relationship to all existing dwellings within one hundred (100) feet, existing or proposed buildings on the subject parcel, livestock pens or other structures, easements, existing septic system and drainfield on the subject parcel and adjacent parcels, utility lines including gas, electric, telephone and cable, property line of the subject parcel with verification by a mortgage survey, and dimensions from all property lines and the street right-of-way.
c.
Proposed site grading and finished elevations shall be illustrated on the site plan in sufficient detail to determine the direction of stormwater runoff and the drainage system to receive runoff.
d.
The area of the pond and its percentage of the total ground surface area of the lot upon which the pond is located.
e.
All rivers, streams, lakes, ponds, wetlands and floodplains which are located on the subject property.
(3)
The applicant shall provide evidence that all appropriate permits have been applied for and granted, as may be required for the Monroe County Drain Commissioner, Monroe County Health Department, MDEQ and other agencies within jurisdiction.
(4)
After the building official finds that all the required plot plan and application materials are submitted and meet the requirements found herein, an on-site visit shall be scheduled for the building official to review the property where the pond is to be constructed.
(5)
The building official's approval shall become null and void if substantial construction has not been commenced within six (6) months following the final approval of the plot plan, or if construction has not been completed within twelve (12) months following issuance of a pond permit. A permit issued in accordance with the provisions of this section shall remain valid for twelve (12) months from the day of issuance. Prior to the permit expiration date, the time limit may be extended by the building official for no more than an additional six (6) months, if in the opinion of the building official, the applicant is diligently proceeding with construction consistent with the approved plan and the additional time is reasonably necessary to complete the approved improvements.
(c)
All ponds shall have a safety station for each one-half (0.5) acre of the pond's water surface when measured at the high water level, and each such safety station shall have an approved U.S. Coast Guard life ring with one hundred (100) feet of rope and a ten (10)-foot pole on a wooden post extending four (4) feet above grade on which a deep water ring shall be mounted.
(d)
A pond shall be maintained so as to ensure that unsanitary conditions or obnoxious odors will not be created by the growth of biological organisms. If a pond is not maintained and becomes a detriment to the health, safety and welfare of the community, the Berlin Charter Township Board shall have the authority to have the pond cleaned and properly maintained or filled in, both at the owner's expense and collected in the same manner as delinquent general property taxes.
(e)
The requirements of this section shall not apply to the following operations, provided such operations do not, or are not likely to affect the drainage or lateral support of any adjacent or contiguous property or the safety of any persons, and provided such operations are adequately regulated by other laws, ordinances or regulations:
(1)
The excavation of any swimming pool, stormwater detention basin, basement or temporary excavation, pit, hole, trench, or other temporary movement of any soil matter or earth material in which water may potentially accumulate as a result of a bona fide permit issued by an authorized township official.
(2)
The removal of any soil matter or earth materials resulting from the clearing, deepening or straightening of any drain under the jurisdiction of the Monroe County Drain Commission, or any ditch or drain under the jurisdiction of any public road authority such as the Monroe County Road Commission.
(3)
The creation of a landscape pond or water comprised of an assemblage of materials (i.e., concrete, wood, plastic, vinyl, and/or masonry) as defined in article II, whether permanent or temporary, portable or non-portable, above or below grade, capable of containing water to a maximum depth of no more than twenty-four (24) inches measured from the deepest point, and not exceeding more than two hundred (200) square feet in water area.
(Ord. No. 01-20, § 18.212, 2-10-20)
A home occupation may be permitted in a single-family detached dwelling within a zoning district where such dwelling is permitted, subject to the following conditions, and further subject to the approval of the planning commission and the township board:
(a)
Not more than one (1) person outside of the family shall be engaged in such operation.
(b)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than twenty percent (20%) of the floor area of the dwelling unit may be used for the purpose of the home occupation.
(c)
A home occupation shall be conducted within the dwelling unit or within an accessory building.
(d)
There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and there shall not be external alterations uncustomary in residential areas.
(e)
No article shall be sold or offered for sale on the premises except such as is prepared within the dwelling or accessory building or is provided as incidental to the service or profession conducted therein.
(f)
Parking for the home occupation shall not exceed two (2) parked vehicles.
(g)
Exterior storage of material, equipment or refuse associated with or resulting from a home occupation shall be prohibited.
(h)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor or electrical interferences which are nuisances to persons off the lot. Any electrical equipment process which creates visual or audible interferences with any radio or television receivers off the premises or which causes fluctuations in line voltages off the premises shall be prohibited.
(i)
Signs not customarily found in residential areas shall be prohibited, except however, that one (1) non-illuminated sign, professionally prepared, not more than four (4) square feet in area may be installed on the premises. Such signs shall conform with section 18-285.
(Ord. No. 01-20, § 18.213, 2-10-20)
(a)
Portable storage units shall be permitted in single-family residential zoning district subject to the following regulations:
(1)
The maximum allowable size for a portable storage unit is two hundred (200) square feet.
(2)
No more than two (2) portable storage units shall be permitted on a property at any time.
(3)
Portable storage units shall not be on a property for more than ninety (90) days within any three hundred sixty-five (365) day period regardless of the number of portable storage units. The zoning official may grant an extension, not to exceed thirty (30) days, for extenuating circumstances which would include, but not be limited to, natural disasters, fire, or Acts of God.
(4)
Portable storage units shall not be placed such that they obstruct pedestrian or vehicular movements nor shall they be located in a clear vision area (see section 18-243).
(b)
The above regulations shall apply to portable storage units in all other zoning districts, other than single-family residential districts, except that the units shall not be on a property for more than one hundred eighty (180) days within any three hundred sixty-five (365) day period regardless of the number of portable storage units. The zoning official may grant an extension, not to exceed thirty (30) days, for extenuating circumstances which would include, but not be limited to, natural disasters, fire, or Acts of God.
(Ord. No. 01-20, § 18.214, 2-10-20)
(a)
Storage containers shall not be located in the required front setback area.
(b)
Storage containers may be permitted on site during new construction, repair of fire damage, or Acts of God, and remodeling of a building or structure.
(c)
Storage containers may be permitted on a temporary basis as follows:
(1)
No more than three (3) storage containers shall be permitted per business for a single ninety (90) day period per calendar year.
(2)
A permit for temporary storage containers shall be issued by the zoning official.
(d)
Storage containers may be permitted on a permanent basis subject to the following requirements:
(1)
The storage container must be located in an area screened by an opaque fence or wall not less than seven (7) feet in height. The fence or wall shall be constructed of durable material, such as wood or masonry. Wire fencing or fencing with plastic, aluminum, or other filler strips shall not be used.
(2)
The storage containers shall not block ingress or egress doors, fire department hose connections, utility pedestals, wall mounts, access aisles, etc.
(3)
At no time shall there be more than three (3) storage containers on the premises.
(4)
Storage containers shall not be stacked nor shall anything be stored on top of the containers.
(5)
Storage containers shall not occupy parking spaces to the extent that the premises are no longer in compliance with the minimum parking requirements herein.
(6)
Storage containers no longer in use shall be removed from the premises.
(Ord. No. 01-20, § 18.215, 2-10-20)
(a)
Horses and other livestock may be kept only in accordance with the following schedule:
(b)
All animals shall be properly fenced and contained.
(c)
Barns suitable for housing of animals and storage of the necessary hay and grain they consume may be constructed on the premises in accordance with section 18-204. All barns and out-buildings shall require a zoning compliance permit. Where such buildings abut a residentially zoned or used lot, barns and out-buildings shall conform to minimum setback requirements for principal residential buildings.
(d)
Special training or exercising corrals shall be located not less than one hundred (100) feet from any lot line.
(e)
Except on farms, accumulations or manure shall be limited to a single designated area and shall be a minimum of one hundred fifty (150) feet from all public rights-of-way, a minimum of one hundred (100) feet from side and rear lot lines, and a minimum of one hundred (100) feet from all dwellings.
(f)
The following discretionary standards shall be used in considering special approval for the keeping of horses or ponies on lots of two (2) acres or more in residentially used lots zoned AG:
(1)
A fenced corral or pen with fence construction sufficient to contain horses on the owner's property shall be provided.
(2)
The facilities and conditions shall be such as to assure that the public health, safety and welfare is safeguarded with particular reference to objectionable noises, odors, infestations, insects, fences, security and nuisances.
(3)
Provision shall be made to ensure that the keeping of horses or ponies will not adversely affect the peaceful use of adjacent lots.
(4)
The potential impact on the view from neighboring lots in relationship to unsightly areas such as barnyards, manure piles, barn doors, gates, chutes, fences, etc., shall be considered.
(g)
Other animals which are not specifically permitted hereunder are prohibited except for pets and other animals permitted by the Monroe County Health Department and under conditions designed to protect the public health, safety and welfare. Exotic animals, furbearing animals and game are allowed in the AG district after special approval from the township, in accordance with the standards of this section and article VII.
(Ord. No. 01-20, § 18.216, 2-10-20)
(a)
Hobby kennels shall be permitted as an accessory use in any zoning district where single-family dwellings are permitted uses.
(b)
Commercial kennels shall be a special land use in the AG and B-2 districts subject to the following conditions:
(1)
A minimum lot size of five (5) acres in the B-2 district, and ten (10) acres in the AG district shall be maintained.
(2)
Any building or fenced area where animals are kept shall be located a minimum of two hundred (200) feet from any public right-of-way, one hundred (100) feet from any property line, and one hundred fifty (150) feet from any residential dwelling located off the premises.
(3)
The kennel shall be established and maintained in accordance with all applicable state, county and township sanitation regulations. Odor, dust, noise, drainage, or insects shall not constitute a nuisance to adjoining properties.
(4)
A site plan shall be submitted in accordance with article VI.
(Ord. No. 01-20, § 18.217, 2-10-20)
(a)
An indoor riding arena, whether for a hobby or commercial horse stable, shall require a minimum of ten (10) acres.
(b)
Hobby stables shall be permitted as an accessory use in the AG district, subject to the restrictions set for in section 18-216.
(c)
A commercial stable shall be established and maintained in accordance with all applicable state, county, and township sanitation regulations.
(d)
A site plan shall be submitted in accordance with article VI.
(Ord. No. 01-20, § 18.218, 2-10-20)