Except as otherwise specifically provided in this chapter, no structure shall be erected or maintained between any lot line and the pertinent setback distance listed below in the schedule of regulations and no structure shall be erected or maintained which exceeds the height limit specified below.

Schedule of Regulations

(Ord. § 401, 9-14-2009; Ord. § 401, 11-9-2015)

Lot width shall be measured at front setback line and shall not include any perimeter encumbrances, easements or other such restrictions the use of which is restricted and non-usable to the owner or occupier of the land in question. The purpose of this provision to obtain the maximum depth of properties in connection with the required maximum depth to width ratio shall be four to one regardless of actual lot size.

(Ord. § 402, 9-14-2009; Ord. § 402, 11-9-2015)

Every single-/two-family dwelling, excluding recreational structures, shall have a floor area of not less than 840 square feet, exclusive of basements, garages, porches and breezeways. Every unit in a multiple family dwelling shall have a minimum floor area of at least 500 square feet.

(Ord. § 403, 9-14-2009; Ord. § 403, 11-9-2015)

Where a lot is devoted to a permitted principal use, customary accessory uses and buildings are authorized except as prohibited specifically or by necessary implication in this or any other ordinance. The following special rules are applicable:

(A)

An accessory building, including carports, attached to the principal building shall be made structurally a part thereof, and shall comply in all respects with the requirements of this chapter applicable to the principal building. Breezeways, as an attachment between the garage or carport and the main building, shall be considered a part of the main building, but shall not be considered livable floor space.

(B)

An accessory building, unless attached and made structurally a part of the principal building, shall not be closer than ten feet to any other structure on the lot.

(C)

The floor area of accessory buildings located within districts R-1, RR-1, RR-2 and SP, shall not exceed the ground floor area of the main building, except that in the case of lots or parcels of five acres or more in size, the total floor area of accessory buildings shall not exceed twice the ground floor area of the main building. Zoning certificates are required for sheds and accessory structures above 192 square feet.

(D)

In the R-1, RR-1, RR-2, RR-3 and SP districts a detached accessory building shall meet the front setback line of the principal building. Accessory buildings are permitted to be located in the front yard within districts RP, C-1, C-2, and I.

(E)

A semi-trailer, mobile home, travel trailer or other recreational vehicle shall not be used as a storage facility in R-1, RR-1, RR-2, RR-3, SP and RP districts, except on a temporary basis during a construction period.

(F)

Uncovered porches, an open unenclosed and uncovered porch or deck, may project into a front yard for a distance not exceeding ten feet, but in no case shall it be closer than 20 feet to the front property line.

(Ord. of 5-28-2002; Ord. § 404, 9-14-2009; Ord. § 404, 11-9-2015)

Customary home occupations, including the provision of instruction in a craft or fine art, are authorized upon application for and issuance of a conditional use permit as provided for in sections 150.125—150.140.16. In addition, home occupations shall meet the terms as identified below.

(A)

Within districts R-1, RR-1, RR-2, RR-3 and SP.

(1)

Home occupations shall be located within the principal dwelling unit. The use of the dwelling units for home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants. Such home occupation shall not use more than 25 percent of the floor area of the dwelling for the conduct of a home occupation.

(2)

Home occupations shall employ only those members of the family residing on the premises and not more than one outside employee.

(3)

There shall be no outdoor storage and there shall be no exterior evidence of the conduct of home occupations, other than an approved sign.

(4)

Specifically excluded are the storage, display and sale of merchandise not produced by such home occupations.

(5)

No traffic shall be generated by such home occupation in greater volumes than would be normally expected in that residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the requirements of this chapter.

(6)

No equipment or processes shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(7)

A sign advertising the home occupation shall not exceed six square feet and shall not be illuminated or have working parts and shall not interfere with vision of persons exiting the building.

(B)

Within districts RP.

(1)

Home occupations shall employ only those members of the family residing on the premises and not more than one outside employee.

(2)

There shall be no outdoor storage and there shall be no exterior evidence of the conduct of home occupations, other than an approved sign.

(3)

Specifically excluded are the storage, display and sale of merchandise not produced by such home occupations.

(4)

If the home occupation is conducted in an accessory building, it shall not exceed 14 feet in height, and shall occupy not more than 300 square feet of said accessory building.

(5)

No traffic shall be generated by such home occupation in greater volumes than would be normally expected in that residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the requirements of the chapter.

(6)

The use of the dwelling unit for home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and if such home occupation is conducted in the principal dwelling, not more than 25 percent of the floor area of the dwelling shall be used in the conduct of home occupation.

(7)

No equipment or processes shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(8)

A sign advertising the home occupation shall not exceed six square feet (2' x 3' or 1' x 6') and shall not be illuminated or have working parts.

(Ord. § 405, 9-14-2009; Ord. § 405, 11-9-2015)

No more than one principal structure or use may be permitted on a lot, unless specifically provided for elsewhere in this chapter.

(Ord. § 406, 9-14-2009; Ord. § 406, 11-9-2015)

Minimum lot size and lot width regulations do not apply to any nonconforming parcel of land shown as a lot in a map recorded with the county register of deeds, or described in a deed or land contract or lease agreement which has been perpetual, executed together with an affidavit or acknowledgment of a notary public, prior to the effective date of this chapter, and which lot actually exists as shown or described. No vested right shall arise to the property owner for any parcel created in violation of any preceding township zoning ordinance.

(A)

Allocation and reduction of lot area.

(1)

No portion of a lot shall be used more than once in complying with the provisions for lot area and yard dimensions for construction or alteration of buildings.

(2)

No setback area or lot existing at the time of adoption of this chapter shall be reduced in dimensions or area below the minimum requirements. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established herein.

(B)

Height requirement exceptions. The following are exempted from height limit requirements unless restricted elsewhere in this chapter, provided that no portion of the excepted structure may be used for human occupancy:

(1)

Those purely ornamental in purpose such as church spires, belfries, domes, ornamental towers, flagpoles and monuments;

(2)

Those necessary appurtenances to mechanical or structural functions, such as chimneys and smokestacks, water tanks, radio towers, television antennas and satellite dishes, wire transmission structures, and cooling towers;

(3)

Public utility structures; and

(4)

Agriculture related structures such as barns, silos, elevators and the like.

(C)

Access through yards. Access drives may be placed in the required front, side or rear yards so as to provide access to accessory or attached structures. Further, any walk or other pavement serving a like function shall not be considered a structure and shall be permitted in any required yard.

(Ord. § 407, 9-14-2009; Ord. § 407, 11-9-2015)

In a residential district it is prohibited to use the open space surrounding a dwelling for the open air parking, disposition, storage, wrecking, dismantling, accumulation or abandonment, either temporary or otherwise, of disused, discarded, worn out, wrecked, or dismantled vehicles, machinery, implements, furniture, appliances, equipment, or any other personal property.

(Ord. § 408, 9-14-2009; Ord. § 408, 11-9-2015)

(A)

Off-street parking shall be provided for motor vehicles, and the minimum number of parking spaces to be provided is shown in the following list. These parking spaces must be located to assure clear vision areas at street intersections and be located in a manner that will not create a traffic problem.

(B)

Where calculation in accordance with the foregoing lists results in requiring a fractional space, any fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one space.

(C)

Required off-street parking shall be provided on the lot or adjacent to which it pertains.

(D)

The use of any required parking space for the storage of any motor vehicle for sale, or for any other purpose other than the parking of motor vehicles is prohibited.

(E)

Handicapped parking. No individual, co-partnership, association or corporation, or their lessees, agents or assigns, shall operate or maintain a parking area or a shopping center parking area unless that parking area provides spaces specifically designated for disabled persons in compliance with the state construction code promulgated pursuant to Public Act No. 230 of 1972 (MCL 125.1501 et seq.), as required by section 2 of Public Act No. 1 of 1966 (MCL 125.1352).

(Ord. § 409, 9-14-2009; Ord. § 409, 11-9-2015)

In districts general retail (C-1), Commercial/light industrial (C-2), and industrial (I), wherever any parking lot, trash collection, outdoor storage, merchandising, or service area lies within 50 feet of any residential (R-1), rural residential (RR-1 or RR-2) or scenic preservation (SP) districts, or adjoins a residential dwelling within the C-1, C-2, or I districts, a screen of vegetation or opaque fencing shall be required except where the view is blocked by a change in grade or other natural or man-made features.

(Ord. § 410, 9-14-2009; Ord. § 410, 11-9-2015)

All planting screens required by this chapter shall consist of plants, at least 30 inches high when planted, maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet.

(Ord. § 411, 9-14-2009; Ord. § 411, 11-9-2015)

Off-street parking areas containing ten or more parking spaces shall be provided with landscaping in accordance with the following regulations:

(A)

The parking area shall have a minimum of 30 percent landscaped green space, exclusive of fire lanes and traffic ways. Landscaped green space shall be deemed to be at a minimum: lawn, trees or shrubs or a mixture of the three.

(B)

Other materials may be substituted with the approval of the planning commission or zoning administrator.

(C)

The following varieties of trees are prohibited in meeting the requirements of this chapter: poplars, willows, American elm, seed-bearing locusts, and box elders. All plant materials shall be kept pruned to maximize visibility through them.

(Ord. § 412, 9-14-2009; Ord. § 412, 11-9-2015)

All plantings required by this chapter shall be installed prior to occupancy or commencement of use. Where compliance is not possible because of the season of the year, the zoning administrator shall grant an appropriate delay. Any zoning compliance permit may be revoked, after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever plantings are not maintained as required in this chapter.

(Ord. § 413, 9-14-2009; Ord. § 413, 11-9-2015)

(A)

All structures on lots abutting any body of water, as defined in Act No. 346 of the Public Acts of 1972, including, but not limited to, inland lakes, rivers, streams, and impoundments, shall maintain a minimum setback of 75 feet in the RR-2 district or 250 feet in the SP district as measured from the river's bank or lake's bluff line.

(B)

The part of that setback which lies within 30 feet of the water's edge shall be maintained in its natural condition. Trees and shrubs in a space 50 feet wide may be trimmed or pruned for a view of the fronting waters and for access thereto. No change shall be made in its natural grade. A lot shall be regarded in its natural condition when there is at least one tree or shrub having a height of at least 15 feet for each 100 square feet of area thereof in wooded areas or sufficient natural ground cover in open areas. All uses shall be subject to this setback except private bathing facilities, saunas, storage sheds, and associated facilities, as permitted within the district, shall maintain a minimum setback of 30 feet as measured from the river's bank or lake's bluff line.

(Ord. § 414, 9-14-2009; Ord. § 414, 11-9-2015)

(A)

Intent and purpose. It is hereby determined that regulation of the placement, size and construction of fences is necessary to prevent hazards to life and property; protect and preserve the general character of residential neighborhoods and waterfront areas; to ensure the continued attractiveness of the community as a whole; to protect the general health, safety and welfare of the community by preserving visibility for vehicles, pedestrians, and children on our public streets, sidewalks and rights-of-way.

(B)

General regulations.

(1)

Location. All fences must be located entirely on the property of the owner constructing them, unless adjoining property owners jointly sign a letter stating the agreement to construct and maintain a fence on the property line.

(a)

The owner of a fence or visual screen, consisting of materials requiring painting, staining or other significant periodic maintenance, shall be the responsible for all maintenance of the fence.

(b)

No fence shall be permitted to encroach upon a public right-of-way, such as a street or alley.

(c)

Hedges or living fences shall be maintained so as not to encroach upon neighboring properties, sidewalks, rights-of-way or hinder the vision of a vehicle driver.

(2)

Materials. For all fences and walls erected after the effective date of this amendment, the finished face of such fence or wall shall face outside the property, with any visible posts or supports being located inside of the fence or wall.

(3)

Construction sites. All open excavations, foundations and basements shall be fenced when unattended until filled or completely enclosed.

(4)

Clear vision areas.

(a)

Clear vision areas shall be maintained at all intersections of public roads, alleys and driveways.

(b)

Fences and visual screens shall not exceed four feet in height within 25 feet of the intersection of corner lot lines or within 15 feet of a driveway intersection with a lot line to provide visibility for vehicles.

(C)

Zoning district regulations.

(1)

R-1 and RR-1 zoning districts.

(a)

Fences shall not exceed four feet in height within 30 feet of a water body to preserve the visual appearance of the waterfront area.

(b)

Fences, within the RR-1 district, for containing horses and livestock that abut a residential property may consist of barbed wire or be electrified, provided obvious and adequate warning signs are placed on the fence.

(2)

RR-2, RR-3, RP and SP zoning districts.

(a)

*Fences enclosing agricultural lands may be six feet.

(b)

Fences for containing horses and livestock that abut a residential property may consist of barbed wire or be electrified, provided obvious and adequate warning signs are maintained on the fence.

(3)

C-1, C-2, and I zoning districts.

(a)

*Fences shall not exceed four feet in height within 25 feet of the intersection of corner lot lines adjacent to a public street to provide visibility at intersections. Fences perpendicular to a driveway shall not exceed three feet in height within 15 feet of the driveway intersection with the lot line.

(b)

All non-residential construction sites within 300 feet of a residential dwelling shall be enclosed by a perimeter fence prior to ground breaking to impede unauthorized access to the site.

(c)

Barbed wire fencing is allowed in the C-2 and I zoning districts, provided the barbed wire is a minimum of six feet above the ground.

(D)

Construction.

(1)

All fences are to be constructed five feet off of all road and alley rights-of-way to allow for snow plowing.

(2)

Fences within or abutting a residential area shall not contain barbed wire, electric current, broken glass, or chain link type fence with the sharp wire edges exposed.

(3)

The requirements for swimming pools are outlined in Appendix G of the 2009 Michigan Residential Code, as amended. All swimming pools shall be enclosed by a solid wall or fence, chain link fence or wrought iron fences having vertical bars of at least one-half inch diameter, spaced no farther apart than four inches. No portion of the wall or fence shall have an open area exceeding four inches vertically or horizontally. The walls or fences shall not be less than five feet nor more than six feet in height. All gates shall have self-latching latches, which shall not be less than four and one-half feet above the ground to be inaccessible to small children from the outside.

(4)

A fence shall not be constructed within two feet of an already existing fence on a lot line.

(5)

A fence (common fence) may be constructed on a joint property line if both property owners sign a letter stating the agreement.

(6)

All fences shall be constructed so that should a fire occur on the premise, firemen shall have access.

(Ord. of 3-22-1999; Ord. § 418, 9-14-2009; Ord. § 415, 11-9-2015)

(A)

Intent. It is the intent of this section to offer an open space preservation option to developers as authorized by Act 177 of 2001 for the purpose of:

(1)

Assuring the permanent preservation of open space, agricultural land, and other natural resources;

(2)

Allowing innovation and greater flexibility in the design of residential developments;

(3)

Encouraging a less sprawling form of development, thus preserving open space.

(B)

Definition. For the purpose of this section the term "open space" shall refer to a natural state preserving natural resources, natural features, or scenic or wooded conditions; agriculture use; or a similar use of condition.

(C)

Eligibility criteria. To be eligible for open space preservation consideration, the applicant must present a proposal for residential development that meets each of the following:

(1)

Minimum project size. The minimum size of an open space preservation development shall be five acres of contiguous land.

(2)

Unified control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

(3)

Guarantee of open space. The applicant shall guarantee to the satisfaction of the township planning commission that all open space portions of the development will be maintained in the manner approved. Documentation shall be presented that binds all successors and future owners in fee title to commitments set forth in the applicant's proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the township and the land uses continue as approved in the open space preservation site plan.

(D)

Project design standards. A proposed open space preservation project shall comply with the following project design standards:

(1)

The open space preservation option is applicable only in the R-1, RR-1, RR-2, RR-3, SP and RP districts.

(2)

The open space preservation option is restricted to residential development.

(3)

Unless specifically waived or modified by the planning commission, and excepting the minimum lot area, lot size may be reduced up to 50 percent of the required lot size and lot width may be reduced up to 33 percent of the required lot width in the zoning district, all zoning ordinance dimensional requirements for the underlying zoning district and other township regulations shall remain in full force.

(4)

The developer shall maintain a minimum of 50 percent of the gross area of the site as dedicated open space. Land dedicated for open space does not include a golf course, street rights-of-ways, or submerged land areas but may include a recreational trail, picnic area, children's play area, green way or linear park. The dedicated open space may be, but is not required to be, dedicated to the use of the public.

(5)

The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the planning commission, such as:

(a)

Recorded deed restrictions in perpetuity;

(b)

Covenants that run perpetually with the land; or

(c)

Conservation easement established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (MCL 399.21).

(6)

Such conveyance shall assure that the open space "will be protected from all forms of development and shall never be changed to another use." Such conveyance shall:

(a)

Indicate the proposed allowable use(s) of the dedicated open space.

(b)

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space.

(c)

Provide standards for scheduled maintenance of the open space.

(d)

Provide for maintenance to be undertaken by the township in the event that the dedicated open space is inadequately maintained, or is determined by the township to be a public nuisance, with the assessment of costs upon the property owners.

(7)

The dedicated open space shall forever remain open space, subject only to uses set forth on the approved site plan. Further subdivision of open space land or its use for other than recreation or conservation shall be strictly prohibited.

(8)

Accessory structures related to a recreation or conservation use may be erected within the dedicated open space, subject to the approved open space preservation site plan. These accessory structures shall not exceed in the aggregate, one percent of the total required open space area or the maximum size of 1,500 square feet.

(9)

The number of dwelling units allowable within an open space preservation project shall be determined in the following manner: The applicant shall prepare and present to the planning commission, a design of the area with the same number of dwelling units on a portion of the land as allowed by the zoning district. The planning commission shall review the design and determine the number of lots that could be feasibly constructed on the property. This number, as determined by the planning commission, shall be the maximum number of dwelling units allowable for the open space preservation project.

(10)

To encourage flexibility and creativity consistent with the open space preservation concept, the planning commission may grant specific departures from the requirements of the zoning ordinance for yard, lot, and bulk standards as a part of the approval process. Any regulatory modification approved by the planning commission shall result in a higher quality of development than would be possible using conventional zoning standards. The regulatory modifications are not subject to variance approval of the zoning board of appeals. No part of an open space preservation site plan may be appealed to the zoning board of appeals.

(11)

Direct access onto a county road shall be required for all developments receiving approval under the open space preservation option.

(12)

Construction of publicly dedicated roads as a means of providing access and circulation is encouraged.

(13)

The development shall be designed to promote the preservation of natural features. If animal or plant habitats of significant value exist on the site, the planning commission, as a condition of approval, may require that the open space preservation site plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas.

(14)

The dimensions and area of each lot in a residential development may be reduced below the minimums ordinarily required by the zoning district. The overall dwelling unit density and total number of dwelling units in a residential development will not exceed those of a traditional residential development of the same area.

(E)

Project standards. In considering any application for approval of an open space preservation site plan, the planning commission shall make the determination on the basis of the standards for site plan approval set forth in sections 150.105—150.113, Site plan review as well as the following standards and requirements:

(1)

Compliance with the project design standards in section 150.107.

(2)

The open space preservation project shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses.

(3)

The proposed open space preservation project shall be protective of the natural environment.

(4)

Compliance with all applicable federal, state, and local regulations.

(5)

If municipal water and sewer is not available in the area, a hydrogeological investigation shall be conducted by a licensed engineer. The findings of the investigation shall address soil types, groundwater depth, direction and quality. The investigation shall also address the ability of the development to accept the projected waste loads and protect the groundwater and surface water quality.

(6)

A soil erosion and storm water management plan shall be prepared by a licensed engineer. The plan shall address the management of storm water during construction and final design.

(F)

Application and approval process.

(1)

The application for approval of an open space preservation proposal shall be in accordance with procedures for consideration of a conditional use permit. The required materials and fees shall be submitted to the township zoning administrator.

(2)

Approval of an open space preservation proposal shall be upon issuance of a conditional use permit. All improvements and uses of the site shall conform to the approved open space preservation site and comply fully with any conditions imposed by the planning commission.

(3)

The applicant shall record an affidavit with the register of deeds containing the full legal description of the project site specifying the date of final township approval, and declaring that all improvements will be carried out in accordance with the approved open space preservation site plan unless an amendment is adopted by the township planning. In addition, all deed restrictions and easements shall be duly filed with the register of deeds of the county and copies of recorded documents presented to the township.

(4)

Following final approval of the open space preservation site plan by the planning commission, a zoning compliance permit may be obtained. It shall be the responsibility of the applicant to obtain all other applicable township, county, state or federal permits.

(5)

If construction has not commenced within 24 months of final approval, all township approvals become null and void. The applicant may make written application to the planning commission for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

(6)

The planning commission may require that a performance bond be deposited with the township to insure completion of improvements.

(G)

Revision of approved plans. Minor changes to an approved open space preservation site plan may be permitted by the planning commission following normal site plan review procedures outlined in sections 150.105—150.113, subject to the finding of all of the following:

(1)

Such changes will not adversely affect the initial basis for granting approval;

(2)

Such minor changes will not adversely affect the overall open space in light of the intent and purpose of such development as set forth in this section;

(3)

(a)

Such changes shall not result in the reduction of open space area as required herein.

(b)

Changes which are a substantial departure from the approved site plan or alter the character or intent of the development will require the resubmission of the proposal to the planning commission.

(Ord. of 12-9-2002; Ord. § 420, 9-14-2009; Ord. § 416, 11-9-2015)

Any application for rezoning, conditional rezoning, site plan approval, a conditional use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter above the following threshold, may also require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee may be required by either the zoning administrator or the planning commission for any project which requires a traffic impact study under this chapter (section two or three), or which has more than 20 dwelling units, or more than 20,000 square feet of enclosed space, or which requires more than 20 parking spaces, or which involves surface or below surface mining or disposal of mine materials. An escrow fee may be required to obtain a professional review of any other project which may, in the discretion of the zoning administrator or planning commission create an identifiable and potentially negative impact on public roads, other infrastructure or services, or on adjacent properties and because of which, professional input is desired before a decision to approve, deny or approve with conditions is made.

(A)

The escrow shall be used to pay professional review expenses of engineers, attorney fees including fees for preparation of documents, community planners, and any other professionals whose expertise the township values to review the proposed application and/or site plan of an applicant. Professional review shall result in a report to the planning commission indicating the extent of conformance or nonconformance with this chapter and identify any problems which may create a threat to public health, safety or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the township and a copy of the statement of expenses for the professional services rendered, if requested.

(B)

No application for which an escrow fee is required will be processed until the escrow fee is deposited with the treasurer. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the zoning administrator. The applicant is entitled to a refund of any unused escrow fees at the time a permit is either issued or denied in response to the applicant's request.

(C)

If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any land use or other permit issued by the township in response to the applicant's request. Any unused fee collected in escrow shall be promptly returned to the applicant once a final determination on an application has been made or the applicant withdraws the request and expenses have not yet been incurred.

(D)

Disputes on the costs of professional reviews may be resolved by an arbitrator mutually satisfactory to both parties.

(Ord. § 424, 9-14-2009; Ord. § 417, 11-9-2015)

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

(A)

Initial information. Concurrently with the notice required to be given the township pursuant to Section 71 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.171), a person intending to develop a condominium development shall provide the following information:

(1)

The name, address, and telephone number of:

(a)

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

(b)

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

(c)

The developer or proprietor of the condominium development.

(2)

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

(3)

The acreage content of the land on which the condominium development will be developed.

(4)

The purpose of the development (for example, residential, commercial, industrial, and the like).

(5)

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

(6)

Whether or not a community water system is contemplated.

(7)

Whether or not a community septic system is contemplated.

(B)

Information to be kept current. The information shall be furnished to the township zoning administrator and shall be kept updated until such time as a zoning compliance permit has been issued pursuant to section 150.184.

(C)

Site plans for new projects. Prior to recording of the master deed required by Section 72 of Public Act No. 59 of 1978 (MCL 559.172), the condominium development shall undergo site plan review and approval pursuant to sections 150.105—150.113. In addition, the township shall require appropriate engineering plans and inspections prior to the issuance of any certificates of occupancy.

(D)

Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to sections 150.105—150.113.

(E)

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

(F)

Monuments. All condominium developments which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this section.

(1)

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

(2)

Monuments shall be located in the ground at all angles in the boundaries of the condominium development, at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development, at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily re-established by reference to monuments along the side lines of the streets.

(3)

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

(4)

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

(5)

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

(6)

All unit corners and the intersection of all limited common elements and all common elements shall be monumented in the field by iron or steel bars or iron pipe at least 18 inches long and one-half inch in diameter, or other approved markers.

(7)

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

(G)

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

(H)

Occupancy before installation of improvements. The zoning administrator may allow occupancy of the condominium development before all improvements required by this section are installed, provided that cash, a certified check, or an irrevocable bank letter of credit is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.

(I)

Single-family detached condominiums.

(1)

Pursuant to authority conferred by Section 141 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.241), all condominium subdivision plans must be approved by the township board following review and recommendation for approval by the planning commission. In determining whether to recommend a condominium subdivision plan for approval to the township board, the planning commission shall consult with the zoning administrator, township attorney, township engineer, and township planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, development layout, and design and compliance with all requirements of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), and this chapter.

(2)

A single-family detached condominium development shall be subject to all of the requirements and standards of the applicable single- or multiple-family residential district or approved planned unit development (PUD) plan.

(3)

The design of a single-family detached condominium project shall be subject to the following design layout and engineering standards, except as may otherwise be provided by this section. Streets shall conform to at least all minimum requirements of the general specifications and typical cross sections as set forth in the design layout standards in conditions set forth by the township board and the county road commission and shall conform to the access management requirements of sections 150.235—150.254.

(a)

Location, arrangement and design of streets.

1.

The street layout shall provide for continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided, or conform to a plan for a neighborhood unit drawn up and adopted by the commission.

2.

The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.

3.

Should a proposed condominium development border on or contain an existing or proposed major thoroughfare, the commission may require marginal access streets, reverse frontage, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

4.

Should a proposed condominium development border on or contain a railroad, expressway, or other limited access highway right-of-way, the commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land such as for public parks in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

5.

Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists, adjacent to the tract to be subdivided, a dedicated or platted and recorded half street, the other half shall be platted or otherwise included in the condominium subdivision.

6.

Should a proposed condominium development border upon or contain an existing or proposed canal, channel, or drainageway, the commission may require the location of a bridge facility suitable to permit the unimpeded flow of water and the passage of waterborne vehicles.

(b)

Right-of-way and pavement widths.

1.

Street right-of-way and pavement widths shall conform to at least the following minimum requirements:

2.

On-premise parking shall be provided for each individual dwelling unit.

3.

Minimum length for residential cul-de-sac streets shall be 140 feet. Maximum length for residential cul-de-sac streets shall be 500 feet.

4.

Access to streets across all ditches shall be provided by the proprietor with the county road commission's specifications and procedures for driveway installation.

(c)

Easements.

1.

Location of utility line easements shall be provided as necessary for utility lines. Such easements shall be a total of not less than 12 feet wide, six feet from each parcel.

2.

Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the proposed condominium development plan to all appropriate public utility agencies.

3.

Easements six feet in width, three feet from each parcel, shall be provided where needed, alongside condominium unit boundary lines so as to provide for streetlight dropouts. Prior to the approval of the condominium subdivision plan, a statement shall be obtained from the appropriate public utility indicating that easements have been provided along specific condominium unit boundaries. A notation shall be made on the condominium subdivision plan indicating: "The side boundary lines between condominium units (indicating building envelope numbers) are subject to streetlight dropout rights granted to the (name of utility company)."

(4)

Condominium units. Condominium units within detached condominium developments shall conform to the following standards:

(a)

Condominium units situated on corners in residential subdivisions shall be at least ten feet wider than the minimum width permitted by this chapter.

(b)

Excessive condominium unit depth in relation to width shall be avoided. A depth-to-width ratio of 3:1 shall be considered a maximum.

(c)

Every condominium unit shall front or abut on a street.

(d)

Side condominium unit lines shall be at right angles or radial to the street lines.

(e)

Condominium units abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be situated with reverse frontage condominium units, or with side condominium unit lines parallel to the major traffic streets.

(f)

Condominium units shall have a front-to-front relationship across all streets where possible.

(g)

Where condominium units border upon bodies of water, the front yard may be designated as the waterfront side of such condominium unit provided the building envelope has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.

(5)

Blocks.

(a)

Maximum length for blocks shall not exceed 1,300 feet in length, except where, in the opinion of the planning commission, conditions may justify a greater distance.

(b)

Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

(6)

Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, watercourses, and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the dedication and provision of adequate barriers, where appropriate, shall be required.

(7)

Walkways. Walkways shall be installed in all single-family detached condominium developments. Such walkways shall be a minimum of five feet in width along both sides of collector and minor streets and six feet in width along all major thoroughfares. Access to all general common areas shall be provided. Upon review of the site plan, the planning commission may approve alternate locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.

(8)

Street trees and landscaping.

(a)

Street trees shall be provided in the ratio of at least one per dwelling unit, shall be placed along the right-of-way, and shall not be less than eight feet in height.

(b)

The following trees are prohibited:

1.

Box elder.

2.

Soft maples (red, silver).

3.

Elms.

4.

Poplars.

5.

Willows.

6.

Horse chestnut (nut bearing).

7.

Tree of heaven.

8.

Catalpa.

(c)

All unimproved surface area of the site shall be planted with grass, ground cover, shrubbery, or other suitable landscape materials, except that patios, terraces, decks, and similar site features may be allowed.

(9)

Utilities.

(a)

An adequate storm drainage system including necessary storm sewers, catch basins, manholes, culverts, bridges, and other appurtenances shall be required in all developments.

(b)

A sewage disposal system shall be required as regulated by the Dickinson-Iron Health Department.

(c)

A water supply system shall be required as regulated by Dickinson-Iron Health Department.

(d)

The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services distributed by wire or cable to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways; provided that overhead lines may be permitted upon written recommendation of the township engineer and the approval of the planning commission at the time of site plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design, and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission. All drainage and underground utility installations which traverse privately held property shall be protected by easements granted by the proprietor.

(10)

Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the township a copy of the site plan on a Mylar sheet of at least 13 inches by 16 inches with an image not to exceed 10½ inches by 14 inches. A digital copy may also be provided.

(Ord. § 418, 11-9-2015)

When an airport approach and take-off plan is prepared or revised for the Ford Airport (or any other public airport that has filed its airport layout plan or airport approach plan with the township), it shall be made a part of this chapter. It shall govern the heights of all building structures, trees and the land, building and structural uses and activities located upon all lots and parcels affected by the airport approach and take-off plan which would obstruct the air space required for the safe flight of aircraft on landing or taking off at the airport or is otherwise hazardous or creates hazards to such safe landing or taking off of aircraft as determined by the Michigan Aeronautics Commission. See section 150.031, District AOZ, Airport overlay district.

(Ord. § 419, 11-9-2015)

All lighting for parking areas or for the external illumination of buildings or grounds shall be directed away from and shall be shielded from adjacent residential districts and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares. Lighting standards shall not exceed the maximum height limitations established for each use district as set forth in section 150.045.

(Ord. § 420, 11-9-2015)

(A)

The hobby farm is a permitted use in the RR-1, RR-2, RR-3 and RP districts subject to the following requirements.

(B)

A hobby farm is the keeping of livestock animals that is accessory to a dwelling on non-farm lots or parcels outside of an existing residential plat, subdivision, and condominium development, unless such development is originally designed to provide for said accessory hobby farms as provided herein.

(C)

Raising of hobby animals (but not including feedlots) on parcels of land less than ten acres in area shall be limited to one animal unit (all other animal types not in the table below are to be calculated as 1,000 pounds live weight equals one animal unit) for the first five acres (see rationale below), plus one additional animal unit for each two additional acres as further defined below. Such use shall be accessory to an existing residential dwelling located on the same lot or parcel. Animals kept for a bona fide youth club or class project are included under this permitted use.

(D)

All hobby animals shall be kept within a fenced enclosure or other appropriate barrier sufficient to contain hobby animals on the premises. No animal buildings, pens, concentrated keeping of animals, or collected storage or piling of animal waste materials (manure) shall be located closer than 50 feet from any abutting property line, except that hobby animal paddocks (see definition below) may extend to a fence at the established property line. All hobby animals or animal buildings and enclosures shall be kept in a well-maintained condition, and waste materials shall not create a health hazard or an animal nuisance. Storage or piling of waste materials shall be confined to areas where hobby animal buildings, quarters, and pens are permitted and also away from wells, water bodies, and drainage ways. Notwithstanding the below table, offspring of said hobby animals may be kept on the premises for the time period which is customary for the species involved. A plot plan only (not a full site plan) is required for this use (see section 150.107).

(E)

On five to 6.99, seven to 8.99, or nine to 9.99 acre parcels the following numbers of hobby animals, measured in numbers equal (equivalent) to one animal unit, shall be allowed. A mix of animals may be permitted, but in total only one, two or three animal units respectively are allowed in accordance with the land area.

(F)

Rationale for the five acre minimum is based on the following premise:

(1)

One-quarter acre needed for the dwelling site and well.

(2)

Two and one-half acres needed for septic tank and first drain field.

(3)

Two and one-half acres needed for a replacement (second) drain field.

(G)

Paddock defined. A fenced in or otherwise contained area for hobby animals to roam, exercise, browse, and/or otherwise behave normally in accordance with the species characteristics. The paddock will have at least 80 percent vegetative cover (grass, clover, and the like), unless the specific species contained therein dictates a different, more appropriate natural environment.

(Ord. § 421, 11-9-2015)