Except as specifically provided, the general of regulations of this article shall apply.

(Ord. of 3-17-2008, § 5.01)

Accessory buildings or structures shall be permitted in all districts and are subject to the following regulations:

(1)

Accessory buildings and structures in residential districts.

a.

Accessory buildings or structures shall not be permitted in any residential district by themselves on vacant land. Accessory buildings or structures and the principal building or structure may be constructed and occupied simultaneously.

b.

All accessory buildings and structures which are structurally attached to a main or principal building or structure, and all accessory buildings in RE rural estate district, whether attached or detached from a main or principal building, shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings or structures, except for square footage requirements as regulated in this section.

c.

Detached accessory buildings or structures shall not be erected in any residential front yard, except where parcels are fronting on a lake, river, stream or creek, but not excepting parcels abutting ponds of standing water, smaller than a lake, formed in a natural or artificial depression.

d.

An accessory building or structure or any combination of all accessory buildings or structures on any single lot in township must meet the frequency and area limits as follows:

1.

There shall be no more than one detached accessory building on any single lot in the R-1A or R-1B zoning district and there shall be no more than two detached accessory buildings on any single lot in the RE zoning district.

2.

The total area of any combination of attached and detached accessory building in R-1A and R-1B zoning districts shall not exceed 1,000 square feet.

3.

Detached accessory buildings in the R-1A and R-1B zoning districts shall cover no more than ten percent of the total area of the rear, even if the area in subsection (1)(d)2 of this section has to be less than 1,000 square feet.

4.

The total area of all attached accessory buildings in the RE district shall not exceed the total square footage of the living area of the principle building or a maximum of 1,200 square feet. The total area of all detached accessory buildings in the RE district shall not exceed the total square footage of the living area of the principle building less the existing attached accessory building or 1,200 square feet, whichever is greater. The square footage of finished or unfinished basements shall not be considered when determining accessory building area. The area of detached accessory buildings may be increased by 400 square feet for each acre over 2.5 acres where additional acreage is part of a single lot or parcel.

5.

Restriction. Additional acreage used to increase the size of accessory structures in an RE district cannot be split off from the acres upon which the principal building is located.

e.

When an accessory building or structure is located on a corner lot, said building or structure shall meet the standards found in section 46-216 (c).

f.

In the RE district, except as provided under section 46-209, no detached accessory building shall be located closer than 25 feet to any main or principal building, nor shall any detached accessory building or structure be located closer than 25 feet to any side or rear lot line. In the R-1A and R-1B district no detached accessory building or structure shall be located closer than ten feet to any main or principal building or structure nor shall it be located closer than five feet to any side or rear lot lines.

g.

In the RE district, accessory building or structures shall not exceed 35 feet in height, where such buildings are a part of farmland in the township as defined in section 46-6 of this chapter, and 25 feet for all other non-farmland uses in the RE district. In all other districts, accessory buildings or structures shall not exceed 18 feet in height.

h.

Radio and/or television antennas, church steeples, or other accessory features may exceed the maximum height in the district in which the accessory feature is located provided that the distance between the accessory feature and the property lines in equal to the height of such antenna or feature.

(2)

Accessory buildings and structures in nonresidential districts.

a.

All accessory buildings, structure or apparatus which are structurally attached to main or principal buildings shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings, except for the square footage requirements.

b.

Detached accessory structure shall not be erected in any front yard or in any side or rear minimum yard setback area.

c.

Radio and/or television antennas, chimneys, church steeples, or other accessory features may exceed the maximum height in the district in which the accessory feature is located provided that the distance between the accessory feature and the property lines is equal to the height of such feature.

d.

Satellite antennas and/or other accessory apparatus shall be so mounted on the ground, on the wall or on the roof to maximize the screening of such apparatus without impeding signal reception or prescribed use.

e.

Wireless communication facilities may be an accessory use in a nonresidential district provided they meet all of the requirements of section 46-301. Wireless communication facilities located in nonresidential districts shall be located only on parcels of five acres or greater.

(3)

Wireless communication facilities in RE districts as accessory structures.

a.

Wireless communication facility may be an accessory use in RE districts.

b.

The wireless communication facility shall meet the requirements of section 46-298 related to a permitted use after special approval.

c.

Any new and unrelated structures being constructed on a site with a wireless communication facility shall be set away a distance equal to the height of the wireless communication facility structure.

d.

Wireless communication facilities located in the RE district as an accessory use shall be located only on parcels of 40 acres or greater. This regulation shall not prohibit the division of the 40-acre parcel after the wireless communication facility is established as long as all other provisions of this chapter are met.

(4)

Cargo Containers in a residential district.

a.

The placement of a cargo container as an accessory structure, pursuant to the terms, conditions and design standards of the Code of Ordinances, is a permitted use in the RE zoning district. Containers may be approved by the Director of Building and Planning pursuant to a standard application for construction of an accessory building and satisfactory inspection for compliance with code requirements and the development standards below.

b.

Development standards.

1.

Cargo containers shall be painted and maintained so as not to allow visible rust, disrepair or an appearance inconsistent with the principal structure and any other accessory structure on the parcel.

2.

Cargo containers must be accessory to the permitted use of the property and meet the setback requirements of the applicable zoning district.

3.

Cargo containers shall not be stacked; unless they are located in a general industrial district, in which case they cannot be stacked above the height of two containers.

4.

Cargo containers shall be placed on a level, stable surface, to ensure that the structure will not shift or move without the use of equipment intended for that purpose.

(Ord. of 3-17-2008, § 5.02; Ord. No. 137-11, 8-1-2011; Ord. No. 138-12, 2-6-2012; Ord. No. 154-14, 4-7-2014; Ord. No. 155-14, 4-7-2014; Ord. No. 166-17, 3-6-2017; Ord. No. 167-17, 3-6-2017; Ord. No. 180-21, §§ 3—5, 7-12-2021; Ord. No. 187-22, § 4, 6-6-2022)

(a)

General requirements. It shall be unlawful for any person, firm, or corporation to construct, or cause to be constructed, any fence on any property within township, except in accordance with these regulations. A permit to construct a fence shall not be required.

(b)

Location of fences.

(1)

All fences shall be located entirely on the property of the owner of the fence. Adjoining property owners may jointly install a fence on the common property line.

(2)

No fence shall be located within a public easement in which public utilities are located or are proposed to be located without first receiving the approval of the public utility responsible.

(3)

Where stockade or other similar style fencing is proposed, the finished side of the fence must face outward toward neighboring properties. In the case where a fence abuts a public right-of-way, or private roadway, the finished side must face the public right-of-way, or private roadway.

(4)

Continuity in the style of fencing shall be maintained along each separate property line. This provision does not require a uniform fence style along each separate property line, but rather prohibits abrupt changes in fence style along a property line.

(c)

Height regulations.

(1)

Fences located on residential lots shall comply with the following regulations:

a.

Only ornamental type fences shall be located in a required front setback or in a required side setback adjoining a public or private street and shall not exceed four feet in height. Ornamental fencing includes wrought iron, wood picket fencing and other similar styles.

b.

Fences located in any required side setback not adjoining a street or in any required rear setback shall not exceed six feet in height.

(2)

Fences on any commercial or office lot shall not exceed six feet in height. Fences in a front setback or a street setback shall not be permitted in a commercial or office commercial district except where required by the township planning commission.

(3)

Fences on any industrial lot shall not exceed 12 feet in height.

(4)

Fences enclosing land used for agricultural purposes or the keeping of class II animals, shall be exempt from the regulations of this subsection.

(5)

Fence height shall be the vertical distance from finished grade to the top of the highest point of the fence structure. When located on or adjacent to a property line, the finished grade shall match the grade on either side of the property line. The mounding of soil shall not be permitted for the purpose of a higher fence height.

(d)

Safety of fences.

(1)

No spikes, nails, barbed wire, or other pointed objects or sharp protrusions shall be placed on, attached to, or permitted to remain on, any fence below the height of ten feet, except in the case of fences that enclose farmland, in which case barbed wire may be permitted at any height of the fence.

(2)

Fences shall not contain any electric charge or current, except fences that enclose land used for agricultural purposes, in which case electrically charged fence wires shall be permitted, provided such wires shall be attached to the inside face of the fence posts. All electrically charged fences shall be of a type and make approved by Underwriters Laboratories.

(3)

Fences may be constructed of woven wire, metal, wood, plastic, or masonry. Masonry walls shall require a foundation equal to the depth of the frost line, or 42 inches. Posts or anchoring devices for all other fences shall be placed at a depth of not less than 30 inches.

(e)

Retaining walls. A retaining wall shall be regulated as a fence if the wall projects more than 18 inches above the grade of the ground being retained.

(f)

Public utility fences. Fences that enclose public utility installations shall not be located in any required setback where the lot is located in a residential zoning district. Such fences may be located in any required setback where the lot is located in any other zoning district. Such fences shall comply with all other provisions of this chapter.

(g)

Maintenance. Fences shall be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise endangers life or property, is hereby deemed a nuisance. If an unsafe condition exists in regard to a fence, the director of building and planning or other authorized person shall serve written notice to the owner, agent, or person in control of the property on which such fence is located. The notice shall describe the unsafe conditions, shall specify the repairs or modifications required to make the fence safe, or shall require an unsafe fence or any portion thereof to be removed. The notice shall provide a time limit for such repairs, modifications, or removal to be made.

(h)

Exemptions. Fences enclosing land used for agricultural purposes shall be exempt from the regulations and requirements of this section.

(Ord. of 3-17-2008, § 5.03)

In single-family residential districts, only one principal building shall be placed on a lot of record.

(Ord. of 3-17-2008, § 5.04)

Any parcel of land which is to be occupied by a use or building, other than an accessory use or building, shall have frontage on and direct access to a public street or private easement which meets one of the following conditions:

(1)

A public street which has been accepted for maintenance by the road commission for county;

(2)

A permanent and unobstructed private easement of record at the county register of deeds where said easement is constructed in accordance with the township ordinance regulating the construction of private roads;

(3)

An access easement of record where said easement had in fact been constructed and in use as a private road prior to May 6, 1974;

(4)

Frontage on a cul-de-sac in which case said road frontage may be less than the minimum required by the zoning regulations for the zoning district in the parcel is located, so long as the cul-de-sac is constructed in accordance with county or township standards, and so long as the lot width on said lots front building setback line is at least the minimum as set forth in the zoning regulations; or

(5)

In the case of a single building site, a driveway which serves that single site only, and which accesses a public street or permanent private easement as described in subsection (1) or (2) of this section. Such easement shall be at least 20 feet wide and shall become a recorded easement for ingress and egress, or be owned in fee simple by the parcel served. Such easement or fee simple parcel shall also be for the exclusive use of the parcel served.

(Ord. of 3-17-2008, § 5.05)

(a)

Automotive vehicles, trailers of any kind, or recreational vehicles that are self-propelled or towed and designed for highway travel, which are not capable of such travel in its existing condition, or any dismantled, partially dismantled, discarded, wrecked, demolished or partially demolished unit or any unit designed for highway travel not bearing a current license plate or license certificate shall not be parked or stored on any residentially zoned property other than in a completely enclosed building.

(b)

Commercial highway trailers and trucks and equipment with a rated capacity exceeding 10,000 G.V.W. shall not be parked or stored in any R-1B or R-1A zone.

(c)

Automotive vehicles, trailers or recreational vehicles may only be sold from property where the vehicle for sale is owned by the resident or owner of a property or in an approved new or used car lot. Vehicle(s) for sale in the road right-of-way or in a commercial parking lot is strictly prohibited. Vehicle(s) allowed for sale by this section shall be limited to one vehicle at a time and no more than four vehicles per year.

(Ord. of 3-17-2008, § 5.06; Ord. No. 140-12, 2-6-2012; Ord. No. 142-12, 2-6-2012)

The construction and operation of swimming pools shall be subject to the regulations of the state construction code.

(Ord. of 3-17-2008, § 5.07)

All condominium projects within the township shall comply with the provisions of this chapter with those exceptions as hereinafter set forth. It is recognized that residential condominiums differ from other residential subdivisions in numerous respects, particularly as to development standards in ownership with individual units and jointly held common areas. The purpose of this section is to address the special attributes of condominium projects and to adopt development standards which will protect both the community and the purchasers of condominiums. With that purpose in mind, the planning commission is granted broad power to apply the chapter standards to condominium developments in a manner reasonably consistent with the intent of this chapter in recognition of the fact that specific strict compliance to the letter of the ordinance may not always be obtained.

(1)

Section 46-244 notwithstanding, site condominium projects are permitted in the township subject to the following:

a.

The developer of the site condominium projects shall submit to the planning and building department for the township 12 copies of an application for a preliminary approval of the site condominium project. Such applications shall be accompanied by preliminary plans for the project. The preliminary plans shall show the name, location, and position of the project, and the plan shall also show the layout of the project in sufficient detail on the topographic map to enable the township planning commission members to determine whether or not the project meets the requirements for size and shape of units, setbacks, street, roads, highways, and such other requirements as are normally attendant to single-family developments. The preliminary plan shall be drawn to a scale of not more than 200 feet to one inch. The plan shall also identify the developer and the surveyor or engineer.

b.

The planning and building department, and such consultants as the planning and building department may determine are necessary, shall review the preliminary plan and comment thereon to the developer. Such review and comment shall be completed within 45 days of the submission of the plan. Following such review and comment, the preliminary plan shall be submitted to the planning commission for hearing. Such hearing shall be held at a regular planning commission meeting, but such hearing need not be a public hearing within the meaning of the state enabling act. The planning commission may, by majority vote, determine to have a public hearing on the plan.

c.

The planning commission shall determine whether or not the plan meets with the setback requirements, unit size requirements, lot or dedicated limited open or common space requirements consistent with the township lot size standards, and such other requirements as are applicable to single-family developments. Following such determination, the planning commission shall advise the developer of its findings and recommendations.

d.

If the planning commission determines that the plan, or its alternates, conform to this chapter and all other applicable ordinances in all respects, the plan shall be approved. Following approval, the developer shall have one year within which to complete the final plans for the development. All such final plans shall be in the same form and prepared in the same manner as plans for subdivisions, consistent with the township subdivision control ordinance.

e.

Following submission of the final plans to the township, the planning commission shall likewise determine that all ordinance criteria for the township have been met, and if all such criteria have been met, the final plans shall be approved. Such approval shall confer upon the developer one year within which to make substantial progress toward construction of the condominium project.

f.

Following final site plan approval, the developer shall forthwith submit engineering plans to the township for review by the planning and building department, and such other consultants as the planning and building department may determine are necessary for the approval of such plans. All engineering shall conform with the standards as set forth in the township subdivision control ordinance. The following special provisions shall apply to single-family site condominium projects within the township: Each building site shall front on and have direct access to a public or private street, which public or private street shall be constructed in compliance with the standards for public roads as promulgated by the county road commission or, in the case of private street, the standards of the county road commission as applicable to a large lot subdivision with asphalt or concrete surface.

(2)

Multiple-family condominium projects shall be constructed in accordance with the same standards as well as all other multiple housing projects as provided in this chapter and in the state construction code. In addition, the following special provisions shall apply:

a.

Each single unit in a condominium project shall have locks using combinations which are interchange-free from locks used in all other separate dwellings within the project. This specification is intended to prohibit master keys.

b.

A minimum of 90 cubic feet of storage space shall be provided outside the dwelling unit for each unit, and such storage space shall have a minimum area of 24 square feet of enclosed, lockable storage space.

c.

Each utility that is consumed within the individual units shall be separately metered in such a way that the unit owner can be separately billed for its use. All utility meters shall be placed underground or screened architecturally or with landscaping or placed within the buildings.

d.

Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible within or close to the unit.

(3)

Condominiums for all offices shall comply in all respects with all applicable township ordinances, including this chapter, with regard to office buildings.

(4)

Condominiums for retail establishments or purposes other than residential or office shall comply with all township ordinances applicable to the purposed use and type of building.

(5)

As an aspect of site plan approval, the developer of any condominium project of any nature whatsoever shall provide 12 copies of the proposed master deed and restrictions to the planning department for distribution to the planning commission members and to such other consultant or experts as the planning department may deem necessary to call upon.

(6)

It shall be unlawful to develop any condominium project, or record any documents of any nature whatsoever establishing a condominium project, in the township without approval of the township and the manner as provided in this chapter.

(Ord. of 3-17-2008, § 5.08)

The following regulations for permitting certain home occupations after special approval are enacted for the purpose of preserving the residential character of the community, to render the area quiet and peaceful for the surrounding residents, to provide for the safety of the adjacent residents and the well-being of all of the residents on the street where such a use may be permitted. The general health, safety and welfare of the neighborhood outweighs any benefit derived from the establishment and/or continuance of any home occupation after special approval.

(1)

Procedures for obtaining special use approval for a home occupation. Any resident seeking special use approval to conduct a home occupation within a residentially zoned district must file an application with the township planning commission that contains, at a minimum, the following information:

a.

A description of the property involved, the uses of all properties adjacent to the applicant's property, the distance from the area of the proposed home occupation and any adjacent residential dwelling, the type of activity proposed to be conducted, where the activity is to be conducted on the property and the persons to be involved in the activity.

b.

The application for a home occupation special use should describe in detail how the use will meet the standards as set forth in this section.

c.

The application, when completed, shall be submitted to the director of planning and building for township for review as to completeness and accuracy before submission to the planning commission.

d.

Uses that can be considered as a home occupation shall be submitted to the planning commission and reviewed according to the standards of subsection (2) of this section.

(2)

Standards for approval. In any building used as a dwelling, small, unobtrusive and unobstructive businesses may be conducted provided that:

a.

The primary use of the structure is a dwelling unit or approved accessory building.

b.

The proposed use shall be conducted entirely within the dwelling unit or approved accessory building.

c.

No person other than resident members of the family occupying the dwelling unit shall be engaged in or employed in the home occupation.

d.

No alteration of the residential appearance of the premises shall occur, including the creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the business.

e.

The home occupation shall be restricted to 15 percent of the dwelling, and shall be clearly secondary to the use of the house for dwelling purposes.

f.

No toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials shall be used or stored on the premises.

g.

The home occupation shall not cause any noise, odor, gas, smoke, dust, dirt, glare, heat, fire hazard or vibration to occur outside of the building in which such activities occur.

h.

No mechanical or electrical equipment is to be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes.

i.

There are no outside operations, storage, or display of materials or products.

j.

No process is used which is hazardous to public health, safety, or welfare.

k.

Visitors, customers or deliveries shall not exceed that normal and reasonably occurring for a residence and not more than two deliveries of products or materials per week.

l.

The home shall not be the gathering point for other employees, nor shall any employee leave vehicles at the home and be transported to other locations.

m.

One business vehicle may be permitted at the dwelling. Business vehicles larger than a pickup truck or domestic van shall meet the requirements of sections 46-246 and 46-285, if eligible.

n.

No additional on-site parking associated with the business other that the space available for parking by the resident of the property is permitted.

o.

No on-street parking associated with the business is permitted.

p.

One nonilluminated nameplate, not more than two square feet in area, may be attached to the building which may contain only the name and/or occupation of the resident.

(3)

Conditions of approval. Any permitted home occupation use after special approval shall be permitted to continue provided it meets the following conditions:

a.

The home occupation shall continue to meet the standards as set forth in this section.

b.

The planning commission may stipulate additional specific standards that a particular home occupation must comply with relative to the special circumstances on or adjacent to the subject property.

c.

The home occupation may be subject to an annual review by the planning commission or more frequently upon presentation of information not previously considered by the planning commission.

d.

The home occupation may be subject to a time limit such as:

1.

One year;

2.

Five years;

3.

As long as the current owner of the residence is the person conducting the home occupation; or

4.

Other time limits as may be stipulated by the planning commission.

e.

The planning commission may also stipulate other general conditions that an applicant for a home occupation special approval must abide by in order to maintain their home occupation that the planning commission deems in their best judgment is necessary for the health, safety, and welfare of the township.

(Ord. of 3-17-2008, § 5.09; Ord. No. 139-11, 12-19-2011)

(a)

No building or structure, or part thereof, shall hereinafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(b)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered, except in conformity with the area and placement regulations of the district in which the building is located.

(c)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure shall be erected more than 15 feet above the maximum height of the district in which it is located; nor shall such exempt structure have a total area greater than ten percent of the roof area of the building; nor shall such exempt structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building.

(d)

Architectural features, as defined, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet. An open, unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.

(e)

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A slope grade shall be established and maintained from the center of the front or rear lot line to the finished grade line at the front or rear of the building, both grades sloping to the front lot or both. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the run-off surface water from flowing onto the adjacent properties. Grade elevations shall be determined by using the elevation at the centerline of the road in front of the lot as the established grade or such grade determined by the township engineer or building inspector.

(f)

When a new building is constructed on a vacant lot between two 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 and not to permit run-off of surface water to flow onto the adjacent property.

(g)

No permit shall be granted for the moving of buildings or structures from without or within the limits of the township to be placed on property within said limits until the applicant provides the building inspector with certification that all applicable building codes have been met and have found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location and will fully comply with all other codes regulating the health, safety and general welfare of the township.

(h)

Land balancing of any kind on vacant land shall not be permitted without permission of the building official or designee.

(i)

The construction, maintenance or existence 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 chapter, where such excavations are properly protected and warning signs posted in such a manner as may be approved by the building inspector; and provided further, that this section shall not apply to streams, natural bodies of water or to ditches, reservoirs, or other major bodies of water created or existing by authority of the state.

(j)

Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the building inspector, or required to comply with his lawful order.

(k)

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 public election.

(l)

From and after the effective date the ordinance from which this chapter is derived, it shall be unlawful for any person to use land for filling with material of any kind without approval of the township board.

(m)

Essential services shall be permitted as authorized under any franchise or that may be regulated by any law of the state or any ordinance of the township, are subject to the requirements of this and other applicable chapters.

(Ord. of 3-17-2008, § 5.10)

(a)

Purpose. Brandon Township will use accessory dwelling units to protect the stability, residential character of neighborhoods and property values; develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle; add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to households with various income levels; provide housing units for persons with disabilities; and provide older homeowners with an opportunity to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave. Attached accessory dwelling units, as defined in chapter 46, article I, section 46-6, shall be permitted pursuant to article IV, general regulations, and section 46-252, accessory dwelling units—attached. Detached accessory dwelling units, as defined in article I, shall comply with the conditions in sub-sections (b) and (c) below.

(b)

The following site and developmental requirements shall apply:

(1)

One accessory dwelling unit, detached or attached, shall be permitted on each parcel used as a single-family residential dwelling unit.

(2)

The detached accessory dwelling unit must be located on the same lot as the principal building.

(3)

The minimum lot size shall be two acres.

(4)

Accessory buildings housing accessory dwelling units shall be a minimum of 75 feet from all lot lines except where the accessory dwelling unit is to occupy an accessory building existing on the effective date of this section and no alterations are made to increase its height or area.

(5)

A minimum of one additional off-street parking space shall be provided for the accessory dwelling unit.

(6)

The floor area of the detached accessory dwelling unit shall not be greater than 50 percent of the gross floor area of the principal building and may not exceed 1,000 square feet.

(7)

The detached accessory dwelling unit must use the same driveway or driveways to access the property as the principal building. No additional driveways may be permitted to exclusively serve the detached accessory building.

(8)

The detached accessory dwelling unit shall comply in all respects with the state construction code, including minimum heights for habitable rooms.

(9)

The detached accessory dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the state construction code.

(10)

A detached accessory dwelling unit shall be within the well and septic capacity limits established by the Oakland County Health Department for the subject parcel.

(11)

All subsequent additions to a detached accessory dwelling unit shall be of similar quality workmanship as the original structure, including construction of a foundation as required herein.

(12)

All construction required for a detached accessory dwelling unit shall be commenced only after a building permit has been obtained in accordance with the applicable state construction code provisions and requirements.

(c)

The following special performance standards shall apply:

(1)

The owners of the property shall continue to maintain their homestead residence on the property.

(2)

The accessory detached dwelling unit shall be a separate housekeeping unit.

(d)

The following design standards shall apply:

(1)

A detached accessory dwelling unit must be designed to have the appearance of a detached garage or other detached accessory structure allowed under this Ordinance.

(2)

A detached accessory dwelling unit shall be aesthetically compatible in design and appearance with other single-family dwellings in the vicinity. The compatibility of design and appearance shall be determined by the zoning administrator upon review of the plans submitted for a particular dwelling. Any determination of compatibility shall be based upon the standards set forth in this section as well as the character, design and appearance of one or more residential dwellings located in the township within 300 feet of the subject dwelling where such area is developed with dwellings; or, where said area is not so developed, by the general character, design and appearance of residential dwellings located in 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.

(3)

Detached accessory dwelling units may be located in the following locations:

a.

As a standalone accessory structure allowed under this section.

b.

In the RE zoning district, above or within a portion of a detached garage is allowed under this section.

(4)

When a detached accessory dwelling unit entrance fronts a side yard, a landscape screen, wall, or fence at least six feet in height is required to separate the side yard from the neighboring parcel.

(Ord. No. 201-24, 12-2-2024)

(a)

Purpose. Brandon Township will use accessory dwelling units to protect the stability, residential character of neighborhoods and property values; develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle; add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to households with various income levels; provide housing units for persons with disabilities; and provide older homeowners with an opportunity to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave. Detached accessory dwelling units, as defined in chapter 46, article I, section 46-6, shall be permitted pursuant to article IV, general regulations, and section 26-251, accessory dwelling units—detached.

(b)

Attached accessory dwelling units, as defined in article I, shall comply with the following conditions:

(1)

One accessory dwelling unit, detached or attached, shall be permitted on each parcel used as a single-family residential dwelling unit.

(2)

A minimum of one additional off-street parking space shall be provided for the accessory dwelling unit.

(3)

An attached accessory dwelling unit shall not occupy more than 50 percent of the principal building's gross floor area or 800 square feet, whichever is less.

(4)

The owners of the property shall continue to maintain their homestead residence on the property.

(c)

The following design standards shall apply:

(1)

Accessory dwelling units must be designed so that the appearance of the principal building remains that of a single-family dwelling unit.

(2)

Attached accessory dwelling units may be located in the following locations within a primary structure:

a.

Above an attached garage.

b.

As a ground level or upper level addition to a single-family dwelling unit.

c.

Within the upper level, ground level, or basement level of single-family dwelling unit.

(3)

Any exterior entrance to the attached accessory dwelling unit must not be visible from the right-of-way along the front parcel line, excluding the exterior side yard parcel line for corner lots. Entrances may be visible from a side or rear parcel line.

(4)

Any pedestrian pathways that connect from the right-of-way to the primary structure, separate from a driveway, are limited to no more than one per front yard. For corner lots, there may be two pedestrian pathways: one in the front yard and one in the exterior side yard.

(5)

When an attached accessory dwelling unit entrance fronts a side yard, a landscape screen, wall, or fence at least six feet in height is required to separate the side yard from the neighboring parcel.

(6)

The following design standards for building additions to accommodate attached accessory dwelling units shall apply:

a.

Additions that are taller than the original building must be located toward the rear of the building so that the new addition does not visually overpower the original structure.

b.

Large additions must be broken down into smaller, varied components that relate to the scale and massing of the original structure.

c.

Additions must respect the massing, scale, and height of the primary structure.

(Ord. No. 201-24, 12-2-2024)