Buchanan Township, MI Zoning Ordinance

A basement shall not be included as a story for height measurement.

Lot width shall be measured at the building line.

The minimum required setback is the minimum depth of a front, rear, or side yard necessary to conform to the required yard setback provisions of this chapter.

Grades and elevation differentials.

The first floor elevation of a building constructed in a platted area shall be at least 18 inches above curb level of the street at the center of the lot. Where property is not platted the elevation of the structure shall be established so as to drain away from the structure.

The grading of all building lots shall be such so as to divert water away from buildings and to prevent standing water and soil saturation detrimental to structures, lot use, and surrounding property. However, water should not be diverted to adjacent properties.

Retaining walls.

Retaining walls in excess of four feet in height shall require a building permit in accordance with the requirements of the Building Code in effect at the time. All retaining walls shall be designed and built so as to safely resist lateral pressures of soil behind them and be safely supported by soil beneath them. Additionally, retaining walls shall be maintained in a structurally sound condition and shall not impair drainage or create negative impacts on adjacent properties.

All retaining walls shall be constructed and/or painted, tinted, or colored in a manner that is architecturally compatible with surrounding buildings or structures.

For the purpose of this chapter, all supporting members, posts, stringers, braces, pilasters, or other construction features of a retaining wall shall be located and placed on the inside of the wall away from public view.

No sign or advertising shall be placed, affixed, painted, or designed thereon.

§ 300-18.05 Obstructions to vision on corner lots.

No structure, wall, fence, shrubbery, parked vehicle, stored material, or trees shall be placed, erected, planted, or maintained on any lot which will obstruct the view of the driver of a vehicle approaching an intersection; excepting that shrubbery and low retaining walls not exceeding three feet in height above the curb level and trees where all branches are not less than eight feet above the street level will be permitted. In the case of corner lots, this shall also mean that there shall be provided an unobstructed triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the pavement edge lines, or in the case of a rounded corner, from the intersection of the street property lines extended.

§ 300-18.06 Fence, wall and privacy screen regulations.

Fences, walls, and privacy screens are permitted subject to the following:

The erection, construction, or alteration of any fence, wall, or privacy screen as defined herein, shall be constructed within all Township and County Codes and shall require a zoning compliance permit.

Fences shall not be taller than four feet in a required front yard nor higher than six feet in a required side or rear yard for parcels located in all zoning districts.

Fences with barbed wire and electrical current are prohibited in the residential zoning districts.

A four-foot fence shall surround all swimming pools in accordance with the regulations outlined in the Michigan Building Code as amended.

§ 300-18.07 Winery, brewery or distillery.

A winery, brewery or distillery may be permitted by the Township as a special use in the AG District in accordance with Article XXIV. An application for a winery, brewery or distillery shall include a site plan in accordance with Article XXIII with detail on parking, sanitation, refuse and solid waste management, outdoor lighting, fencing, crowd control, on-site vehicular and pedestrian circulation, details on any public address system and equipment, signage and related existing and proposed facilities, as applicable. In addition, the application shall include a complete written description of the proposed use, the services to be provided, the maximum number of patrons anticipated on site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special use permit application to be relied upon by the Township in granting any approval.

The Planning Commission and Township Board shall evaluate the proposed winery, brewery or distillery and the activities proposed to determine whether it will be compatible with neighboring uses and other permitted uses in the vicinity and zoning district.

The winery, brewery or distillery use shall comprise only a small part of the property, so that the farm use of the site is predominant and the winery, brewery or distillery use is secondary. The Township may approve a proposed departure from this requirement if it finds that the proposed winery, brewery or distillery and its activities are substantially farm-related or that the establishment and its activities would not have impacts on the vicinity similar to impacts generated by a commercial business, including consideration of traffic, light pollution, noise, blowing trash, signage, odor, and aesthetics.

The Township may impose requirements on the placement of the facility on the site to protect adjacent properties from its impacts and to maintain rural views from public roads. The facility and all of its outdoor ancillary structures and activities such as parking and gathering space shall be located at least 50 feet from property lines. The Township may approve a proposed departure from this requirement, if it finds that locational and layout attributes, buffers, adjacent uses and site configurations, and other features of the subject site and nearby property work together to minimize impacts of the proposed winery, brewery or distillery; provided, that dimensional requirements of § 300-4.04 and other regulations of this chapter are met.

The Township may require submittal of a traffic impact study, the purpose of which shall be to analyze the effect of traffic generated by the proposed use on the capacity, operations, and safety of the public road system and to propose mitigation measures.

Tasting rooms and food service activities, if provided, shall at all times comply with any and all requirements of the Berrien County Health Department and the Michigan Liquor Control Commission and evidence of applicable agency review and approval shall be provided to the Township.

The Township may require landscaping and other features to screen the use from adjacent properties and the Township may impose limitations on the operation of the facility to protect adjacent properties from its impacts. Such limitations may pertain to hours of operation, outdoor lighting, outdoor activities, noise, and other elements.

The applicant shall demonstrate that all vehicular parking will occur on the site. A pervious parking surface is permitted, subject to demonstration by the applicant that dust would be controlled.

§ 300-18.08 Storage of obnoxious matter in open containers prohibited.

No garbage, filth, refuse, or other obnoxious matter shall be kept in open containers, piled, or laid on the open ground; and all containers shall be stored in such a way so as not to be accessible to animals.

§ 300-18.09 Climate-controlled storage facilities.

[Added 12-19-2019 by Ord. No. 118-2019]

A climate-controlled storage facility may be permitted by the Township as a special use in the Commercial District in accordance with Article XXIV. An application for a climate-controlled storage facility shall include a site plan in accordance with Article XXIII. In addition, the application shall include a complete written description of the proposed use, the services to be provided, the maximum number of patrons anticipated on-site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special use permit application to be relied upon by the Township in granting any approval.

Climate controlled self-service storage uses shall provide separate storage areas for individual or business uses.

Accessory uses, such as security facilities and related office, may be permitted, provided that such accessory uses do not occupy more than 20% of the facility.

Storage areas shall not be used for sales, service, repair or any other commercial business venture at this facility.

A climate-controlled storage facility shall be located on a parcel with an area of at least three acres.

The storage of combustible or flammable liquids or fibers, explosive or toxic materials, or illegal substances or items shall not be permitted.

All self-storage activities shall be contained within a single building and conducted exclusively indoors. Individual storage units may be accessed from inside the building only.

§ 300-18.10 Outdoor storage of unlicensed recreational and other vehicles and equipment in residential and agricultural districts.

The outdoor storage or parking of any unlicensed airplane, regular or antique or racing automobile, boat, boat hoist or dock, float, trailer, trailer coach, camping trailer, motorized home, vacant or unused mobile (manufactured) home, dismountable travel equipment of the type adaptable to light duty trucks, and other equipment or vehicles of a similar nature (not including typical farm equipment), shall be prohibited for a period greater than 48 hours in all residential and agricultural districts, except where the following minimum conditions are met:

All such unlicensed vehicles or equipment may be placed within a completely enclosed building, permitted according to the minimum requirements of the building code. Unlicensed vehicles may not be stored on vacant lots, parcels, or property.

Trailer coaches, motor homes and other vehicles or equipment designed or adaptable for sleeping purposes may be utilized for up to 30 days during the course of one calendar year for visitors. They shall otherwise remain unoccupied and shall not be connected to sanitary sewer facilities, water or gas. Such vehicles so kept or stored shall be in good repair. Open storage of partially or disassembled component parts of said uses (recreational vehicles and equipment) is prohibited. This provision shall not pertain to farm implements, machinery and equipment utilized for permitted agricultural operations.

Seasonal storage of licensed recreational vehicles shall be permitted.

The storage of vacant mobile homes in any district shall be prohibited; with the exception of approved and permitted sales and service facilities located in a designated commercial district.

The open storage of inoperable, disassembled or component parts for any vehicle of any type within the front yard shall be deemed a nuisance and shall be prohibited at all times. Said open storage shall be permitted in any other yard in the Agriculture District as long as said storage area complies with minimum setback standards, is effectively screened year-round from view from neighboring properties and from public rights-of-way and does not exceed a cumulative ground area equal to the lesser of 2% of the parcel area or 2,000 square feet.

The use of unlicensed or inoperable trailers, semi truck trailers, sea containers, mobile homes or other similar equipment as storage structures or accessory buildings in the R-1, R-2, R-3, R-4L, R-4R, R-5 and RE Districts shall be prohibited. In the AG District, such equipment may be used only if it is placed in the side or rear yard in compliance with required side and rear yard setback requirements, is effectively screened year-round from view from neighboring properties and from public rights-of-way and does not exceed a cumulative ground area equal to the lesser of 2% of the parcel area or 2,000 square feet.

§ 300-18.11 Farm regulations; migrant conditions.

Farm workers/migrant help. All structures hereafter erected, or moved onto farms and occupied as dwellings for employees thereon shall be located no less than 150 feet from all highway right-of-way lines, not less than 100 feet from all property lines, and not less than 250 feet from any neighboring dwelling. All structures maintained as housing for farm employees shall be occupied by such employees and their families only while engaged in work on the farm of residence.

Toilets. Outside toilets for migrant farm help are permitted on farms provided such are a minimum distance of 150 feet from any public road, 100 feet from any property line and 250 feet from any dwelling house on neighboring property. Outside toilets must meet the standards as set by the Berrien County Health Department and other enforcement agencies.

§ 300-18.12 Dumpsters or outdoor trash receptacles.

Any new or altered use (except agricultural and farming operations) which requires site plan review pursuant to Article XXIII and has an outdoor trash storage area shall comply with the following requirements:

Any outdoor trash storage area shall be limited to normal refuse which is collected on a regular basis and shall be maintained in a neat, orderly and sanitary condition. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed.

A decorative masonry wall or wooden privacy fence of six feet in height shall enclose three sides of the storage area. Post bollards and/or other protective devices shall be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. The surface under any such storage area shall be constructed of concrete.

In no instance shall any such refuse be visible above the required enclosure.

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

Any such storage shall be located in a rear yard or be so located and arranged as to minimize its visibility from adjacent streets and uses. The Planning Commission may require an obscuring or screening gate when the visibility of such a storage area, from a public street, public right-of-way or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.

§ 300-18.13 Swimming pool regulations.

Permit application. All swimming pools shall comply with the Michigan Residential Building Code, as amended. It shall be unlawful for any person to construct an above-ground, in-ground, or on-ground swimming pool with a depth in excess of 24 inches without first obtaining a zoning compliance permit, and additionally, a building permit pursuant to the Michigan Residential Building Code, if necessary. Application for such permit shall be subject to the requirements of the Building Code in effect at the time of the construction; shall show the name of the owner, a plot plan of the property showing the location of such swimming pool, a detailed plan and specifications for such swimming pool, and full information as to the type, height and location of the fence surrounding such swimming pool and the number of gates therein.

Location. Outdoor swimming pools may be erected in the side or rear yard only, provided that they are located no closer than 15 feet from the side or rear lot lines.

Fencing. All above- and below-ground swimming pools shall be protected in a manner which meets the minimum requirements of the Michigan Residential Building Code.

A swimming pool shall be considered an accessory structure for purposes of calculating lot coverage.

§ 300-18.14 Home occupations.

Subject to the standards of this section, a home occupation may be permitted in a single-family detached dwelling within a zoning district where such dwelling is permitted either as a permitted use or by special land use, subject to the following standards:

Minor home occupations. Home occupations shall receive a zoning permit upon a finding by the Zoning Administrator that the proposed home occupation shall comply with all of the following requirements.

No more than one person (not including the members of the family residing on the premises) shall be engaged in such occupation provided that one off-street parking space is provided for said employee.

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than 25% of the floor area of the floor on which the occupation is being conducted may be used for the purposes of the home occupation or for storage purposes in conjunction with the home occupation.

A home occupation shall be conducted completely within the dwelling unit or permitted accessory building. A home occupation conducted within an accessory building shall not exceed 1,000 square feet.

There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and there shall be no external or internal alterations not customary in residential areas including the expansion of off-street parking areas in excess of residential standards.

A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, wireless communications interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be generated in a similarly zoned residential district.

Signs shall comply with the requirements of Article XXI.

No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises. No storage or use of vehicles over five tons in capacity gross vehicle weight (GVW) in conjunction with the business will be allowed.

The use shall not include the sale or offering for sale on the premises of any articles, goods, or merchandise.

Medical marijuana primary caregiver home occupation. In addition to the regulations above, a primary caregiver home occupation shall be subject to the following:

Purpose and intent. It is the purpose of this § 300-18.14A(9) to give effect to the intent of Initiated Law 1 of 2008, the Michigan Medical Marihuana Act (the MMMA), MCLA § 333.26421 et seq., and not to establish any local program or regulation that would violate or contravene any enforced state or federal statute. The MMMA authorizes a narrow exception to the general rule and law that the cultivation, distribution and use of marihuana amount to criminal acts. It is the purpose of this section to establish standards for the application of that narrow exception in the Township of Buchanan to enable the legitimate and legally-authorized practice of the Primary Caregiver activity as set forth herein. It is not the intent of this section to broaden the strict interpretation of the MMMA to apply to activities not explicitly provided for therein nor is it the intent of this section to encourage or sanction the cultivation, processing, refinement, distribution, transfer or use of marihuana except as permitted by a strict application of the terms of the MMMA and any rules or regulations duly promulgated thereunder. Such uses as dispensaries, combined grow operations, compassion clubs, smoke houses, storage and transfer facilities and other related uses not explicitly provided for in the MMMA are hereby prohibited.

A primary caregiver, cohabitating, as defined in § 300-2.02, assisting no more than one qualifying patient living in the same residence, shall be allowed without a zoning permit within any dwelling unit in the Township, providing such activity is conducted in strict accordance with the MMMA and the rules promulgated there under.

A primary caregiver serving more than one cohabitating qualifying patient or one, but not more than five, noncohabitating qualifying patients shall be permitted within the Agricultural District only, subject to the following requirements:

Primary caregivers shall deliver medical marijuana to the qualified patients, as defined in the MMMA, and no dispensing or sale of medical marihuana shall occur on the premises.

[2]

Growing operations shall be fully contained within a locked and secured building, in compliance with the MMMA.

[3]

Only one person residing within dwelling shall be permitted to be a primary caregiver for those who do not reside within the dwelling.

[4]

All growing, processing operations and use shall be conducted in compliance with the MMMA, and other applicable state laws and regulations.

[5]

Structures containing a primary caregiver home occupation shall conform to applicable standards of the ICC Property Maintenance Code, or any successor code adopted by the Township.

[6]

At the time of application, a primary caregiver home occupation shall not be located closer than 1,000 feet from any church, public or private school, park or day-care facility. Such distance shall be measured in a straight line from the front door of the primary caregiver home occupation to any such church, public or private school or day-care facility. In the case of a park, the distance shall be measured from the front door of the primary caregiver home occupation to the nearest property line of the park.

[7]

A primary caregiver home occupation shall not bear any sign or emblem that would indicated the presence of the activity.

Major home occupations. Home occupations that do not meet the standards of § 300-18.14A, may be approved by the Planning Commission as special land uses subject to the requirements of Article XXIV and upon a finding of compliance with the following requirements:

In addition to the occupants of the residence and not more than two nonresident employees on site, a major home occupation may employ other persons, provided their work activities are generally undertaken at locations other than the location of the dwelling.

The applicant shall disclose the nature, size and number of any vehicles or other equipment associated with the major home occupation and the Planning Commission may establish limits on the outdoor storage and parking of such equipment or vehicles to preserve the essential character of the neighborhood. Any outdoor storage of materials or scrap shall be effectively screened from view from neighboring properties.

The operator of a proposed major home occupation shall attach to the application an operational plan for the major home occupation to the application for a zoning permit for the major home occupation. The operational plan shall provide the following information:

The hours the major home occupation will operate.

A description of employee parking and workforce staging plans.

A site plan in accord with Article XXIII indicating the location of any storage of materials, vehicles and equipment as well as any employee or customer parking.

A description of the shipping and delivery requirements of the major home occupation.

A description of any material used in the major home occupation which will be stored on the premises.

The Planning Commission shall review the application for a major home occupation under the terms of Article XXIV and take action to approve it, if it finds that the proposed major home occupation shall meet the requirements of this section and Article XXIV.

Any change or alteration in the nature or activities of a major home occupation shall be regarded as a new major home occupation and shall require a new application hereunder.

A failure to fulfill the terms of the major home occupation special land use permit, the site plan and/or its attachments shall be grounds for revocation of Planning Commission approval of a major home occupation.

Fees for all home occupation permits shall be set by resolution of the Township Board.

Exemption. No home occupation permit shall be required for an occupant of a residence to give instruction in a craft or fine art within the residence or for activities such as telecommuting, involving no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home.

§ 300-18.15 Temporary and portable buildings, uses, and structures.

Temporary sales of farm produce and similar products, when a structure is erected, may be permitted provided they comply with the following standards and upon issuance of a zoning compliance permit:

The sale of farm produce employing permanent structures with a floor area of less than 100 square feet shall be permitted only in the AG District and in unplatted properties in the R-1 District.

The sale of farm produce employing permanent structures with a floor area of 100 square feet or more may be permitted in the AG District and upon approval of a Special Use Permit by the Planning Commission.

All permanent structures used in the temporary (or intermittent) sale of farm produce shall comply with the four standards outlined in Subsection B below.

For the purposes of this section, a structure shall be considered permanent if it is mounted on a concrete slab, concrete or cement block foundation or secured to the ground by anchor, rod, rod drill or buried weight.

Temporary sales of farm produce and similar products, when no structures are erected, may be permitted in the AG and R-1 Districts provided they comply with the following standards and upon issuance of a zoning compliance permit:

The location of the site shall be:

Off the road right-of-way at least 25 feet.

If located on a corner, the entrance/exit should be off of the side road.

There shall be no permanent structures; all fixtures (i.e., signs, tables, chairs, produce, boxes, etc.) are to be removed at the end of each season.

A maximum of two signs will be permitted. Signs shall be off the road right-of-way and located on the applicant's property.

The operator shall comply with all state laws regarding public health standards; sales and business tax regulations.

Structures erected for ice fishing and hunting purposes less than 100 square feet in area are permitted in the Township of Buchanan and are exempt from the provisions of this chapter. Storage shall be according to the provisions of this chapter relating to accessory structures.

The office and storage trailers of building contractors used in association with the construction of a legally permitted use shall be permitted in all districts. Said office or storage trailer shall be setback at least 10 feet from all property lines and be removed prior to issuance of a certificate of occupancy for the building under construction on the property.

Family hardship and temporary housing. A temporary dwelling may be located in the AG District or on a residentially zoned lot in excess of two acres.

General standards.

Application by the owner or his agent to obtain allowance for a family hardship or temporary housing special use permit shall be submitted to the Zoning Administrator in accordance with this chapter. Special use permit for such use shall be considered in accordance with this section and Article XXIV, Special Use Permits.

In addition to the requirements of Article XXIV, the applicant shall show through substantial evidence that no other dwelling option exists which would accommodate the temporary need.

The temporary dwelling shall be connected to an approved water and septic system as required by the Berrien County Health Department.

Minimum road frontage, setback and yard requirements as specified by this chapter shall be maintained.

The special use permit shall be reviewed and renewed annually while it is in effect through submission by the applicant of documentation that the circumstances necessitating the family hardship or temporary housing have not changed. The temporary housing shall be removed within 120 days of the end of the hardship, or the circumstances necessitating the temporary housing, including the vacating of the temporary housing, the death or moving of the occupants, the completion of repairs to the principal dwelling or other circumstance. In no event shall the duration of a special use permit for family hardship or temporary housing exceed five years. Provided, this provision shall not prevent the Township from considering a new or replacement special use permit prior to the expiration of a previous permit, upon the same terms and conditions, and provided that all the circumstances necessitating the original permit have not changed.

Upon approval of a special use permit for family hardship or temporary housing, the property owner and the Township shall execute a legally binding agreement prepared by the Township Attorney which shall be in recordable form and which shall incorporate the terms of the permit, including an acknowledgement of the terms of the permit by the property owner. Such agreement may include a performance guarantee for the eventual removal of the temporary dwelling unit, site restoration and other associated costs as determined by the Township Board. This agreement between the owner and the Township shall allow the Township the right to remove the temporary dwelling upon the expiration or termination of the special use permit, in the event the property owner fails to do so. This binding agreement shall be provided by the Township and signed by the owner of the property and the Township Supervisor.

(g)

Pursuant to § 300-24.06, the Township Board may establish conditions of approval as may be reasonable to ensure the compliance with the provisions of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Family hardship housing. A special use permit may be considered under this section for temporary occupancy by either the owner or a member of the immediate family (grandmother, grandfather, mother, father, son or daughter or in-law relatives) subject to the restrictions and conditions outlined herein.

Temporary housing. It is the intent of this section to allow relief of hardship for owners of single-family dwelling units which have been rendered uninhabitable by fire, windstorm or other event not intentionally caused by the owner of a dwelling. The owner of the dwelling may, by approval of the Zoning Administrator, place one mobile home sited in accordance with the County Health Department Standards, to be occupied by the owner of the property as long as prompt progress is being made toward repair or construction of the principle dwelling.

Seasonal uses. The Zoning Administrator may issue a permit for the temporary sale of merchandise related to a seasonal or period event. Seasonal uses shall include the sale of Christmas trees, and similar activities, but shall not include roadside stands. In considering a request for a temporary permit, the Zoning Administrator shall determine that the operation of the use is seasonal in nature and will not be established as a permanent use.

The Zoning Administrator shall also determine:

That the use shall not have an unreasonable detrimental effect upon adjacent properties.

That the use shall not impact the nature of the surrounding neighborhood.

That access to the area shall not constitute a traffic hazard due to ingress or egress.

That adequate off-street parking shall be available to accommodate the use.

That the use complies with all setback requirements.

Each zoning compliance permit shall be valid for a period of not more than two calendar months, and may be renewed by the Zoning Administrator for up to one additional successive month, provided the season or event to which the use relates is continued.

§ 300-18.16 Building permits issued prior to effective date.

Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been entered into pursuant to a zoning permit issued prior to the effective date of this chapter may be completed and used in accordance with the plans and applications on which said building permit was granted.

A building which is lawfully under construction at the time of adoption of this chapter shall be allowed to be completed within one year of the passage of this chapter. Adoption of this chapter shall not require any changes to the plans, construction or designated use of any such buildings.

§ 300-18.17 Restoration of unsafe buildings.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector or required compliance with his or her lawful order, in accordance with the adopted Building and Property Maintenance Codes. Furthermore, upon the determination of the Building Inspector and official notification thereof to the property owner, the Township Board may order the demolition and removal of any designated unsafe building. In addition, the cost of said removal shall be borne by the property owner. If the property owner fails to pay for the cost of the removal within 60 days of the date the building was removed, the Township may either place a lien on the property or place the cost of said removal on the next available tax bill as a special assessment against the property.

§ 300-18.18 Moving of buildings.

Any building or structure (except agricultural buildings) that has been wholly or partially erected on any premises located within the Township shall not be moved to or placed upon any other premises in the Township until a zoning compliance permit for such removal has been secured according to the requirements of this chapter. A zoning compliance permit is required above and beyond any over-the-road permits required by other jurisdictional authorities (police and Road Department). Any such building or structure shall fully conform to this chapter in the same manner as a new building or structure.

Before a permit may be issued for moving a building or structure, the Building Inspector shall inspect same and determine if it is in a safe condition to be moved, whether or not it may be reconditioned to comply with the Building Code and other requirements for the use and occupancy for which it is to be used, and the Zoning Administrator shall determine whether or not it will be of similar character with the buildings in the area where it is to be moved. In addition, clearances shall be obtained from all utility companies ensuring that utilities are discontinued and all facilities accounted for. Special inspection fees as determined by the Township or County may be charged to cover costs of inspecting the old site and the new site of such building or structure. If these conditions are met, a zoning compliance permit shall be issued to allow the reconstruction of such a building or structure.

§ 300-18.19 Exceptions to area and width requirements.

Recorded lots. Lots established by a legally recorded plat or legally established and recorded by deed prior to the adoption of this chapter which have less than the minimum area or width requirements established by this chapter, may be used for any use permitted within the district in which such lot is located. In addition, lots established by a recorded plat or deed subsequent to the adoption of this chapter and which met the requirements of said Ordinance at the time they were established, but as a result of amendments thereto, can no longer meet the minimum area or width requirements, may be used for any use permitted within the district in which such lot is located.

Lack of public utilities. In areas not served by public or other approved community water and/or sewage facilities, the minimum lot areas required by this chapter shall be increased to include any additional area deemed necessary by the appropriate Berrien County Health Department requirements to insure safe water supply and/or adequate sewage disposal.

§ 300-18.20 One principal use on a lot.

Each parcel in the Township shall be limited to not more than one principal use; provided that multiple-tenant or multiple-occupant commercial, industrial or mixed use developments may be regarded as single uses if approved pursuant to the standards of this chapter.

§ 300-18.21 Illegal dwellings.

The use of any portion of the basement of a partially completed building found not to be in compliance with the Building Code, any garage, or accessory building for dwelling or sleeping purposes in any zoning district is prohibited. No dwelling unit shall be erected in an Industrial district. However, the sleeping quarters of a watchman or a caretaker may be permitted in an industrial district in conformity with the specific requirements of the particular district.

§ 300-18.22 Projections into yards.

Cornice, sill, chimney, or fireplace. A cornice, eave belt course, sill, canopy, or other similar architectural feature (not including bay windows or other vertical projections which shall be a part of the main building), 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 or rear yard not more than 36 inches. Chimneys or fireplaces may project into a required front, side, or rear yard not more than two feet, provided the width of such side yard is not reduced to less than five feet.

Fire escape. A fire escape may extend or project into any front, side, or rear yard not more than four feet.

Open stairway or balcony. An open, unenclosed stairway or balcony not covered by a roof or canopy, may extend or project into a required yard not more than six feet and such balcony may extend into a required front yard not more than six feet as long as all required setbacks for that district are maintained.

Porch, open. An unenclosed platform or landing which does not extend or project into any required front, side, or rear yard not more than six feet is exempted from yard requirements provided that the width of a side yard is not reduced to less than five feet. An overhang, canopy, or portico may be placed over the open porch, but it shall not be enclosed.

§ 300-18.23 Access through yards.

Access drives may be placed in the required front or side yards so as to provide access to a rear yard. Furthermore, any walk, terrace, or other pavement serving a like function shall be permitted in any required yard. Parking within the required front yard of a one or two-family dwelling shall only be permitted as specified in Article XIX, Parking and Loading Standards.

§ 300-18.24 Accessory buildings and structures.

Accessory buildings and structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:

Accessory buildings, structures and uses are permitted only in connection with, incidental to, and on the same lot with a principal building, structure, or use which is permitted in the particular zoning district. An accessory building, structure, or use must be in the same zoning district as the principal building, structure, or use on a lot.

No accessory building, structure, or use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized. No accessory building, structure, or use may be placed on a lot without a principal building, structure, or use except as otherwise provided for in the AG zoning district.

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

Accessory buildings may be built in a rear yard (or front yard, subject to § 300-18.24F); but such accessory buildings shall not occupy more than 30% of the yard in which they are located, subject to setback, lot coverage, and other standards of this chapter.

Accessory buildings with an area of 145 square feet or less, shall be limited to one story (or 20 feet) in height.

Accessory buildings shall not be erected in a front yard unless the accessory building is located 300 feet or more from the front lot line and located on a lot of two acres or larger. The Agricultural District (AG) is exempt from this subsection.

All accessory buildings shall be located to meet the minimum side and rear yard setbacks for the district in which they are located.

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on such streets in the same block or adjacent blocks.

No accessory building may be closer than six feet to any other accessory building, unless determined that the distance shall be greater as mandated by applicable provisions of the adopted Building Code.

§ 300-18.25 Adult regulated uses and sexually oriented businesses.

Authorization.

In the preparation, enactment, and enforcement of this section, it is recognized that there are some uses relating to sexual material which, because of their very nature have serious operational characteristics that have a detrimental effect upon residential, office, and commercial areas. Because certain forms of expression relating to sexual material have particular functional and inherent characteristics with a high potential of being injurious to surrounding properties by depreciating the quality and value of such property, it is the intent of this section to provide a framework of reasonable regulatory standards which can be used for approving or disapproving the establishment of this type of use in a viable and accessible location, where the adverse impact of their operations may be minimized.

However, it is recognized that these specified controlled uses have legitimate rights under the United States Constitution as well as locational needs similar to many other retail establishments. Special designation and regulation in the Industrial District is therefore necessary to ensure that adverse effects of such uses will not contribute to the degradation of adjacent parcels and the surrounding area. Furthermore, these controls are intended to provide commercially viable locations within the Township where these uses are considered more compatible and less detrimental.

Uses specified. Uses subject to these controls as defined herein as "adult only businesses" are as follows:

Adult related businesses.

Adult motion-picture theaters.

Adult book and video stores.

Adult cabarets.

Nude artist and photography studios.

Site location principles. The following principles shall be utilized to evaluate the proposed location of any such use. These principles shall be applied by the Planning Commission as general guidelines to help assess the impact of such a use upon the Industrial District:

No adult-only business shall be located within 1,000 feet, measured from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated, from a residential structure, church, monastery, temple, or similar place of worship, cemetery, school, library, public park or playground, noncommercial assembly facility, public office building, licensed day-care facility or arcade as defined in Act 116 of the Public Acts of 1973, as amended (MCLA § 722.111 et seq.).

An adult-only business shall be permitted only in the Industrial District.

No adult-only business shall be permitted within a one-thousand-foot radius of an existing adult-only business. Measurement of the one-thousand-foot radius shall be made from the outer most boundaries of the lots or parcels upon which the proposed adult use will be situated.

Site development requirements.

The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

Windows, displays, signs, and decorative structural elements of buildings shall not include or convey examples of a sexual nature. All such displays and signs shall be in conformance with this chapter and shall be approved by the Planning Commission prior to their use.

All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent viewing into the interior from any public or semipublic area as determined by the Planning Commission.

No loud speakers or sound equipment shall be used by an adult only business that projects sound outside of the adult only business so that sound can be discerned by the public from public or semipublic areas.

An adult-only business shall clearly post at the entrance to the business, (or that portion of the business utilized for adult only purposes), that minors are excluded.

Use regulations.

No person shall reside in or permit a person to reside in the premises of an adult-only business.

No person shall operate an adult only business unless there is conspicuously placed in a room where such business is carried on, a notice indicating the fees for all services performed therein. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any such notice.

The owners, operators, or persons in charge of an adult only business shall not allow entrance into such building or any portion of a building used for such use, to any minors as defined by MCLA § 722.51 et seq., as amended.

No adult only business shall possess, disseminate, or permit persons therein to possess or disseminate on the premises any obscene materials as defined by MCLA § 752.361 et seq., as amended.

No person shall operate an adult personal service business without obtaining a zoning compliance permit and building occupancy permit. Such licenses shall be issued by the Zoning Administrator, Building Inspector, or duly appointed designee following an inspection to determine compliance with the relevant ordinances of the Township of Buchanan. Such license shall be subject to all regulations of federal, state, and local governments.

No person shall lease or sublease, nor shall anyone become the lessee or sub-lessee of any property for the purpose of using said property for an adult entertainment business without the express written permission of the owner of the property for such use and only upon having obtained the appropriate licenses and permits from the Township of Buchanan, County of Berrien, and State of Michigan.

Conditions and limitations. Prior to the granting of any permit herein provided, the Planning Commission or Township Board may impose any such conditions or limitations upon the location, construction, maintenance or operation of the establishment or regulated use, as may in its judgment, be necessary for the protection of the public interest. Failure to follow such limitation or condition will act to immediately terminate any permit or license issued.

Limit on re-application. No application for an adult use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence not previously considered or proof of a change in conditions from the original request.

§ 300-18.26 Automobile fueling stations and service stations.

Purpose. In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of automotive fueling stations and service stations and to regulate and control other problems incidental to these uses that they may exercise upon adjacent and surrounding areas, the following regulations and requirements shall be required in any zoning district. All automotive fueling stations and service stations erected after the effective date of this chapter shall comply with this section. No automotive fueling station or service station existing on the effective date of this chapter shall be structurally altered so as to provide a lesser degree of conformity with this section than existed on the effective date of this chapter.

Minimum area and frontage. An automotive fueling station, service station, repair center, or public garage shall be located on a lot having a frontage along the principal street of not less than 150 feet and having a minimum area of 15,000 square feet.

Setbacks. An automotive fueling station, service station, repair center, or public garage building housing an office and/or facilities for servicing, greasing, and/or washing motor vehicles shall be located not less than 40 feet from any street lot line and not less than 40 feet from any side or rear lot line directly adjoining a residential zoning district.

Driveway and curbs. All driveways providing ingress to or egress from an automotive fueling station, service station, repair center, or public garage shall comply with the access management standards of this chapter. All drive approaches shall otherwise meet Berrien County Road Department or Michigan Department of Transportation standards for construction, turning lanes, and placement.

Paved areas. All parking areas, aisles, driveways and loading areas shall be hard surfaced with concrete or a plant-mixed bituminous (asphalt) material, except undeveloped and landscaped areas. All parking areas, isles, driveways and loading areas shall be exclusive of the public right-of-way.

Equipment location. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline and fuel pumps shall be located not less than 15 feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street, or right-of-way.

Number of pumps. An automotive fueling station, service station, or repair center located on a lot having an area of 15,000 square feet or less shall include not more than four double gasoline and fuel pumps or eight single gasoline and fuel pumps and two enclosed stalls for servicing, lubricating, greasing, and/or washing motor vehicles. An additional two gasoline and fuel pumps and/or one enclosed stall may be included with the provision of each additional 200 square feet of lot area.

Walls and screening. Where an automotive fueling station, service station, repair center, or public garage adjoins property located in any residential zoning district, screening shall be provided.

Lighting. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property and shall comply with all requirements of this chapter.

Outdoor storage and parking. All major repair work shall be conducted completely within an enclosed building. Minor repair work (i.e., the replacement of wipers, light bulbs, batteries, etc.) taking one hour or less to complete shall be permitted. There shall be no storage of vehicle components, parts, trash, supplies, or equipment outside of a building. Outdoor storage or parking of vehicles or trailers, other than private passenger vehicles, shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day, except that equipment rental operations shall be permitted if incidental to the automotive fueling station, service station, or repair center, and if restricted to travel trailers or campers of under 21 feet overall length, car-top carriers, and similar auto accessories. Such operations shall be within fenced enclosures observing the same setbacks required for buildings in the zoning district wherein the automotive fueling station, service station, or repair center is located.

Removal of underground storage tanks. In the event that an automotive fueling station, service station, repair center, or public garage use has been abandoned or terminated for a period of more than one year, all underground storage tanks for any petroleum product or waste oil shall be removed from the premises in accordance with state and federal regulations and statute.

§ 300-18.27 Junkyards and salvage operations.

All applicable requirements in the IND or RS Districts must be met.

The proposed buildings and structures shall be so situated as to minimize adverse effects therefrom upon owners and occupants of adjacent properties.

Any adverse effects of the junkyard shall be minimized by screening, fencing, landscaping, setbacks, building location, structures, and entryways.

There must be a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways, and parking areas to ensure the safety and convenience of pedestrian and vehicular traffic.

Mitigation of off-site impacts. Potential off-site impacts from a junkyard or salvage operation on nearby dwelling units, churches, schools, public buildings, public or semipublic places, including parks and recreation areas, shall be effectively mitigated as provided below.

A separation distance of at least 300 feet between the site and such uses shall be deemed sufficient isolation distance to mitigate off-site impacts.

Where a separation distance of 300 feet is not achievable, any combination of screening, buffering and management and operational procedures which the Planning Commission finds will mitigate such off site impacts to prevent detriment to such uses, may substitute for such separation distance.

The operational areas of the site shall be effectively screened from view from the roadway by vegetation, landscaping or a solid fence. Materials on the site shall not be stacked higher than 50 feet.

Operational plan. The proposed operator shall provide a proposed facility operational plan as part of the special land use application. Such operational plan shall consist of procedures to comply with applicable state and federal statutes and regulations as well as the requirements of this chapter. The Planning Commission shall evaluate the operational plan and may require adjustments in its terms to fulfill the intent of this section. Any special land use approved under this section shall incorporate the terms of the operational plan as a condition of approval. A copy of the operational plan shall be maintained on site available for inspection by Township personnel upon request.

Such operational plan shall describe in detail design features, equipment and operational measures to be implemented to control and mitigate the following potential adverse effects of the facility:

Litter and accumulation of debris on site.

Dust and airborne fumes and odors.

Soil and groundwater contamination from motor oil, solvents, lubricants and other hazardous and recyclable fluids on site. The operational plan shall set forth measures to ensure continual compliance with relevant local, county, state and federal laws and regulations.

Stormwater runoff.

Noise and vibration from equipment, vehicles and operations on site.

Glare and light pollution.

The operational plan shall provide detail on the management of the facility including hours of operations, personnel safety procedures, procedures to prevent the purchase of stolen materials, after-hours facility security and related matters.

The operational plan shall include, an emergency preparedness plan which shall be filed with the local emergency services authorities (police and fire) indicating the location, character, and extent of any hazardous or flammable materials, along with their Materials Safety Data Sheets.

No dumping or burning of garbage or trash shall be permitted.

The site shall not create a nuisance adversely affecting adjoining properties.

A junkyard or salvage operation shall be subject to periodic inspection and review by the Zoning Administrator.

The site and operations shall at all times meet all requirements of local, state, and federal law for groundwater protection, stormwater collection and treatment, and collection and disposal of hazardous wastes.

§ 300-18.28 Guesthouse.

A guesthouse may be permitted by special use permit in the AG Agricultural District, the R-1 Low Density Rural Residential District, and the R-4L Lakefront Residential and R-4R Riverfront Residential Districts subject to the following conditions:

A guesthouse shall not be the principal use on the site.

A guesthouse may be located on a lot or parcel in combination with a single-family dwelling, provided that the guesthouse complies with the accessory building location guidelines (see "accessory building") and is a minimum of 30 feet from the principal single-family dwelling.

A guesthouse may only be used for sleeping accommodations. If lavatory facilities are provided, the guesthouse must be heated. Sanitary facilities must meet the requirements of the Berrien County Health Department.

A guesthouse may not exceed 480 square feet in total floor area including loft, nor shall it exceed the height of the principal dwelling.

At no time shall the guesthouse be used as an income producing property.

A guesthouse must remain as an accessory structure and shall not be eligible for consideration as a principal structure on its own lot or parcel.

A guesthouse must be in compliance with the Building Code of the State of Michigan.

§ 300-18.29 Refuse and dumping.

No zoning district in the Township shall be considered an appropriate district for dumping of any kind. No person shall deposit, throw or place any garbage, rubbish or trash in any street, alley or other public place within the Township. No person shall place or keep any garbage, rubbish, or trash upon any private property whether owned by such person or not unless the same is enclosed in a proper receptacle or container as hereinafter provided. No person shall allow any garbage, rubbish, or trash to collect or lie upon any property owned or occupied by him in such a manner that it attracts flies, vermin or rodents, or emits noxious odors, or is unsightly, or may blow or scatter on adjoining lands or otherwise offends the public health, safety, comfort or repose.

§ 300-18.30 Removal and processing of sand, gravel and topsoil.

There shall be no operations involving excavation, removal, deposit or relocation of sand, gravel, topsoil, clay, marl, fill materials and other similar materials that involve an amount in excess of 400 cubic yards per year, except as:

Relating to excavation for permitted construction that has been approved by the Township through Article XXIII of this chapter.

Uses accessory or incidental to another lawful use, including parking, landscaping, gardening and similar uses that do not exceed an amount of material to be excavated, removed, deposited, or relocated in excess of 400 cubic yards.

Uses accessory or incidental to farming operations.

Residential construction and improvements involving a plat duly approved and recorded pursuant to the Land Division Act, Public Act No 288 of 1967 (MCLA § 560.101 et seq.); and

Operations necessary by a governmental agency in the construction of highways, sewers, drains and flood control projects.

Permitted according to the provisions of this section of this chapter.

Permit required. It shall be unlawful for any person to remove, deposit or relocate any sand, gravel, topsoil, clay, marl, minerals, waste or fill materials, or other similar materials, in or from lands in the Township except as hereinafter provided, without first obtaining a special use permit from the Township.

Permit application. Any person desiring to obtain a special use permit as provided in Article XXIV shall first file an application with the Zoning Administrator. Such application shall be addressed to the Township board and shall set forth the following information:

Maximum amount of material to be moved, removed, deposited or relocated.

Type or kind of material to be moved, removed or relocated or used for fill material.

Proposed method of removal and equipment intended to be used in the removal.

Measures to be taken by the applicant to control noise, vibration, dust and traffic during the operations.

A description of any traffic control devices, public facilities or public services that will be required by the proposed operations, an estimate of the costs of the traffic control devices, public facilities, or public services, and the proposed method of funding for the traffic control devices, public facilities or public services.

Any measures the applicant proposes to take to ensure public safety, the exclusion of children from the premises, and the lateral support of surrounding land and structures.

A phasing plan including the time required for the proposed operations.

The application shall document in detail by engineered drawings at a scale of one inch to 100 feet or larger, by contour maps or otherwise, the contour, condition, and use of the land as proposed upon completion of the operations. These plans shall include proposed landscaping, and soil and earth stabilization control to be employed to leave the premises in a fully usable condition for a land use consistent with the Township of Buchanan Master Land Use Plan and to prevent erosion, dust, weeds, and unsightly conditions.

A map of the parcel involved showing all buildings, streets, drainage facilities and natural features within 200 feet thereof shall accompany the application.

Certification by the Berrien County Road Department, Berrien County Drain Commissioner, Berrien County Health Department, and the Berrien County Soil Conservation Service, and the Michigan Department of Environmental Quality that the proposed use will not severely threaten the public safety or property rights of others and that sedimentation control standards of the local, state and federal law will be met.

Permit fee. Each application for a permit required by this section shall be accompanied by a fee in an amount set by resolution of the Township Board from time to time.

Findings of Township Board. No permit shall be issued unless the Township Board, after considering the application and the recommendation of the Planning Commission, if any, and after giving the applicant an opportunity to be heard in person or by counsel, shall find that:

The proposed operations are not likely to cause any dangerous, unsanitary or unhealthy condition;

They will impose no undue financial burden upon the Township;

They are not likely to create any public or private nuisance;

They are not likely to be conducted in violation of any state law or Township ordinance;

There is adequate assurance that the premises will be left in such condition as will prevent soil erosion and sedimentation that will affect adjacent property and of the waters of the State; and

After completion of the operations, the land will be reclaimed for a land use compatible with the anticipated future land use of the Township of Buchanan Master Development Plan.

As a condition of granting the special use permit, the Township Board may require the applicant to post a financial guarantee to assure that operations will be conducted and the reclamation completed as required in this chapter.

Other considerations. In addition to the matters mentioned in the findings of the Township Board, the Township, in considering the granting of a permit, may hear any other person or consider any other factor that may bear on the public health, safety or general welfare in the particular situation. The effect upon the surrounding property values may be considered as a factor affecting the general welfare, but no permit shall be denied solely because its granting would have an adverse effect upon property values.

Permit revocation. Each permit shall apply only to the lands described in the application and may be revoked if the permit holder operates in any manner inconsistent with the statements in the application or any amendment or fails to comply with any special requirement the Township board may order set forth in the permit to protect the public health, safety and welfare in the special circumstances of the situation, or if it shall at any time appear that any of the findings set forth in this section could not be made if the matter were then before the Township board for decision; however, no permit shall be revoked unless the permit holder is given written notice, mailed or personally served at least five days prior to the date of the meeting at which revocation is considered, and the opportunity is given to the permit holder to be heard in person or by counsel. The notice shall specify the date, time and place of the meeting at which revocation will be considered and inform the permit holder of the reasons why revocation is under consideration and of his right to be heard either in person or by counsel. Revocation of a permit shall not exempt the permit holder from punishment for any violation of this article.

Application. This section shall not apply to normal and necessary excavation or grading done in the connection with construction of roads, farm ponds, farm erosion control projects, normal and acceptable farming procedures, drains, sewers, construction of dwellings and other buildings where a construction permit is granted under other Township ordinances, nor shall it apply in any case where the amount removed from or relocated or deposited on any parcel of land in any one calendar year is less than 500 cubic yards of sand, gravel, clay, marl, minerals, waste and fill materials or other similar materials. However, nothing contained in this article shall in any way permit any kind of mining, mineral removal or relocation or dumping of waste and fill materials in any amount where such use would be apt to interfere with the public health, safety or welfare, or create a public or private nuisance, or such use would be apt to endanger children or deprive adjoining owners of property of the beneficial use and enjoyment of their lands.[1]

Editor's Note: Original Section 18.30I, Penalty for violation, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Other provisions:

The change in the natural contour of the land during mining operations and at the cessation of same shall be maintained as safe for any person having reason to be within the area of mining activity and all trespassers.

No business or industrial structures or buildings of a permanent nature shall be erected without prior approval.

No truck parking or truck storage shall be located within 200 feet of any adjacent residence or within 50 feet of any adjoining property or nearer than a two-foot lateral ratio per one foot of cut.

A well maintained wire or painted wooden fence shall be erected on any side adjoining a residential property.

No part of the removal process shall take place closer than 200 feet to the nearest adjacent residence or closer than 50 feet to any street line. Any cut shall not exceed a ratio of one foot of cut per two lateral feet of property in relation to the property line original contour.

The proposed restoration elevations shall be compatible with surrounding areas and adequate safeguards shall be made to insure proper drainage.

The property shall be restored by the replacement of topsoil and such soil shall be stabilized by appropriate plantings.

All truck traffic shall be directed away from residential streets.

The Planning Commission may recommend, the Township Board may approve a time limit for the removal and processing of sand, gravel and topsoil to occur.

The Planning Commission may recommend, and the Township Board may approve a performance guarantee to ensure that the site is restored.

§ 300-18.31 Building permit and zoning compliance permit required.

The Michigan Building Code, as amended, shall govern circumstances and standards to require building permits.

Prior to issuance of a building permit, a zoning compliance permit is required from the Zoning Administrator to assure that the proposed building activity is in compliance with the provisions of this chapter.

Application for a building permit or zoning compliance permit must be accompanied by a site plan, specification line drawings, floor plans and other data which the Zoning Administrator/Building Inspector may reasonably require to assure compliance with the provisions of this chapter.

If the proposed excavation, construction, moving, or alteration, or use of land as set forth in the application, and site plan when required, is in conformity with the provisions of this chapter, the Zoning Administrator shall approve a zoning compliance permit. If an application for such permit is not approved the Zoning Administrator shall state in writing on an appropriate denial form the cause for such disapproval.

All structures once commenced shall be fully completed within one year from date of issuance of the building permit. An extension of time may be granted by the Zoning Administrator upon showing of necessity for good cause.

§ 300-18.33 Single-family dwellings.

A single-family dwelling as defined in this chapter shall meet the following minimum standards:

The dwelling shall comply with the minimum square footage requirements for the zone in which it is located.

The dwelling shall have a minimum width across front, side and rear elevations of 24 feet and comply with the Building Code, including minimum ceiling heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Building Code, the most restrictive standard shall apply. The provisions of this section shall not have the effect of making one family dwellings, which exist as of the effective date of this chapter, nonconforming.

The dwelling shall be firmly attached to a permanent foundation constructed on the site in accordance with the Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for one-family dwellings.

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction equal to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.

A single-family dwelling shall be aesthetically compatible in design and appearance with other residences 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 subject to appeal by an aggrieved party to the Construction Board of Appeals within a period of 30 days from the receipt of notice of the Zoning Administrator's decision. Any determination of compatibility shall be based upon the standards set forth in this chapter as well as the character, design and appearance of residential dwellings located on property within 1,300 feet of the subject site.

The dwelling shall contain no additions or rooms or other areas which are not constructed with a quality of workmanship equal to the original structure, including permanent attachments to the principal structure and construction of foundations as required herein.

A single-family dwelling shall have all of the following:

A roof over-hang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling;

Not less than two exterior doors with the second one being in either the rear or side of the dwelling;

Steps connected to exterior door areas or to porches connected to door areas where a difference in elevation requires the same.

A roof pitch of four feet horizontal to one foot (or greater) vertical.

The dwelling complies with all local building, electrical, plumbing, mechanical, and fire codes. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

This section shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or architectural design.

No construction may be commenced until a building permit has been obtained in accordance with the applicable provisions of this chapter and the applicable building code.

§ 300-18.34 Access management.

Except as provided herein, all new parcels of land, land divisions, subdivision lots, or condominium units which front on and take their primary access from, a public roadway shall be entitled to not more than one driveway. The location of said driveway shall be determined by the Berrien County Road Department.

Corner lots. Corner lots as defined herein, may be entitled to not more than one driveway for each road which abuts the parcel, subject to the approval of the Road Department.

Multiple driveways. Subject to Road Department approval, parcels with large frontage on a public road may be entitled to multiple driveways, providing all proposed driveways can meet the following minimum separation requirements pertaining to existing and proposed driveways and public and private roads, both on the site and on adjacent parcels:

Posted Speed Limit of Abutting Roadway (mph)	Minimum Driveway and Intersection Separation (measured center line to center line) (feet)
25	105
30	125
35	150
40	185
45	230
50+	275

Utility and other uses. The requirements of this section shall not apply to a driveway or other access used exclusively to access farmlands or uses at which no one resides or regularly works, such as cellular towers, water wells, pumping stations, utility transformers or similar uses.

All residential, commercial, or industrial parcels fronting on the primary roadways shall meet the minimum access spacing requirements by increasing the frontage of new parcels or providing shared access for multiple parcels that meet the above requirements.

The Planning Commission may consider a modification of the above requirements based upon the inability of a parcel to meet Road Department Rules for sight distance, clear vision area, drainage, and driveway profile. Such requests must be accompanied by documentation sufficient to clearly illustrate and describe how such parcel in unable to meet Road Department Rules, and may, at the discretion of the Planning Commission, be required to include the following:

Traffic impact analysis of the proposed development and the proposed traffic access on the affected roadway.

Review and concurrence by the Berrien County Road Department or MDOT (as applicable) that the proposed access configuration will result in a greater level of roadway capacity and safety than if the specific requirements of this section were followed.

§ 300-18.35 Keeping, raising, or breeding of animals.

Outside of the AG District small scale livestock operations and keeping of chickens (hens) shall be considered a permitted accessory use, subject to the restrictions of this section. Within the AG District, livestock operations of any scale shall be considered a part of normal farm operations not subject to this section.

Small scale livestock operations.

Minimum parcel area. A minimum area of five acres comprised of a single parcel or lot, or contiguous parcels under the same ownership, shall be required for any small scale livestock operation, outside of the AG District.

Number of animals permitted. The number of animals permitted in a small scale livestock operation shall be determined based on the total area of the parcel without regard to the portion of the parcel devoted to keeping livestock.

Animal units. The maximum number of combined individual animals shall be determined based on equivalent animal units as defined herein, per the following table:

Animal	Number of Animals per Animal Unit
Slaughter or feeder cattle/buffalo	1
Dairy cattle	0.7
Equine, llama/alpaca	1
Swine (over 55 pounds)/ostrich	2.5
Goat/sheep	3
Turkeys	7
Laying hens and broilers	10
Rabbits	10
Other livestock	1,000 divided by the average mature animal weight

Maximum animals allowed.

The following table shall be applied to determine the total combined number of individual animals permitted under this § 300-18.35 as a small scale livestock operation. Determine the parcel area in question and multiply the number of animal units allowed by the number of animals per animal unit from the table above. For the purpose of this section, animals shall not be counted toward animal units until they are weaned in the case of mammals or one month after hatch, in the case of fowl.

Minimum parcel area (in acres)	5	6	7	8	9	10	11	12 or greater
Maximum animal units allowed	3	4	5	6	7	8	9	10

Manure or animal waste piles shall be kept a minimum of 100 feet from all property lines.

Keeping of chickens (hens) on parcels under five acres. The purpose of this subsection is to provide standards and requirements for the keeping of chickens in residential areas. It is intended to enable residents to keep up to six chickens on a noncommercial basis while limiting and mitigating any potential adverse impacts on surrounding properties and neighborhoods. The keeping of up to four chickens that are utilized exclusively by the person(s) occupying a one-family dwelling as a locally grown food source for the consumption of eggs or meat is permitted as an accessory use in all districts if all of the following are satisfied:

Roosters are not permitted.

Chickens shall be kept only in the rear yard and shall be kept within a coop and attached pen during nondaylight hours. During daylight hours, chickens may be allowed to roam outside of the coop and pen and only within an area completely enclosed by a fence with a minimum height of three feet.

The coop and pen shall be designed to provide safe and healthy living conditions for chickens while minimizing adverse impacts on other residents and the neighborhood. The coop shall comply with the accessory building setback guidelines as set forth in § 300-18.24.

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice or other rodents shall be stored and used so as to prevent infestation by rats, mice or other rodents.

The outdoor slaughter of chickens is prohibited.

The keeping of chickens shall not generate excessive noise, odors, dust, fumes, unsanitary conditions or other comparable nuisances.

All licensing required by the State of Michigan and Berrien County, as well as all other statutes, ordinances and codes shall be satisfied.

§ 300-18.36 Docks, boathouses, and mooring facilities.

General provisions.

The erection, construction or alteration of any dock, boathouse, or mooring facility shall first require a zoning compliance permit.

No dock, boathouse, or mooring facility, whether seasonal or permanent, shall:

Be built closer to any property line than 10 feet.

Have a height greater than five feet from the elevation of the mean water level.

Project into the waterway more than 35 feet beyond an elevation which is three feet below the ordinary high-water mark. The Zoning Administrator, Planning Commission or Township Board may require a professional land surveyor licensed in the State of Michigan to certify this elevation.

Be so constructed or arranged so as to constitute a hazard to navigation.

No dock shall obstruct the navigable waters of the state and all docks shall conform to any applicable requirements of the Michigan Environment, Great Lakes, and Energy Department or any other federal or state requirements.

Private docks. Private docks shall be subject to the following requirements:

No more than three boats, including personal watercraft, shall be regularly moored at any private dock serving a single parcel.

Private docks shall not be used for commercial purposes or rented for compensation in any form.

No private dock shall include T or L diversions that extend more than 10 feet in any direction from the central dock.

Shared docks shall have a recorded easement and be approved by all owners.

Community docks. Community docks shall be subject to the following requirements:

No more than 12 boats, including personal watercraft, shall be regularly moored at any community dock serving a single entity or organization.

Community docks shall not impede access to nearby docks by way of size, orientation or design.

§ 300-18.37 Spas and wellness centers.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In the AG, R-1 and R-2 Districts, spas and wellness centers as defined herein, shall be treated as special land uses subject to the provisions of Articles XXIII and XXIV, and the following provisions.

Management plan. In addition to the site plan and special use submittal requirements an applicant or operator shall provide a detailed management plan for the conduct of the spa and retreat. Said plan shall detail the range of services to be offered, the qualifications, credentials and licensing of key personnel to be on site or on-call, the hours of operation and staff supervision plan. The management plan shall distinguish between the extent of services, therapy or instruction offered to overnight guests and those offered by appointment or to walk-in clients that are not overnight guests. The management plan shall describe in detail any and all licenses and permits required by any legitimate governmental authority pertaining to the facility and the personnel. The management plan shall detail any retail products to be offered on site and outline the hours of operation during which retail sales will be conducted. The Planning Commission or Zoning Administrator may set forth additional informational requirements for the management plan.

Overnight stays. Overnight stays shall not exceed 14 days.

Licenses and permits. As a condition of approval of a special land use for a spa and wellness center, the facility and all personnel shall, at all times, maintain required licenses and permits; including, but not limited to, professional licenses, permits for kitchen facilities, and wastewater discharge permits. The Planning Commission may grant conditional approval to a spa and wellness center pending the issuance of all required licenses, provided that a spa and wellness center shall not commence operation until such required licenses and permits have been issued.

A spa and wellness center shall not be used as a "half-way house" or any adjunct facility associated with the criminal justice, corrections system, juvenile justice or community mental health system.

§ 300-18.38 Accessory uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Whenever an activity is conducted in conjunction with another principal use and the former use; 1) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or 2) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special land use approval.

§ 300-18.39 Event venues.

[Added 12-3-2020 by Ord. No. 121-2020]

An event venue may be permitted by the Township as a special use in the Agricultural District and Recreational District in accordance with Article XXIV. An application for an event venue shall include a site plan in accordance with Article XXIII. The application shall include a complete written description of the proposed use, with detail on parking, sanitation, refuse and solid waste management, outdoor lighting, fencing and on-site vehicular and pedestrian circulation, the services to be provided, the maximum number of patrons anticipated on-site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special use permit application to be relied upon by the Township in granting any approval.

This specific use shall be permitted in the Agricultural and Recreational Zoning Districts with a special land use.

The site shall have a minimum area of five acres identified by a single property (parcel) ID.

An improved parking area, as determined by the Planning Commission, will be required. The applicant must demonstrate the capacity of the site to accommodate vehicle parking and circulation without disruption of normal traffic flow on the public right-of-way. All parking areas shall be screened from view of an abutting residential use by either a greenbelt, obscuring fence, or masonry wall when it is determined by the Planning Commission to be appropriate. Any other parking requirements shall be determined by the Planning Commission in accordance with Article XIX.

The applicant must demonstrate fire code compliance and receive Fire and Building Department approval.

The applicant must secure all necessary permits from the Berrien County Health Department, Buchanan Township Zoning and Building Departments, Township Fire Department, Berrien County Road Department, as applicable, and must comply with all government regulations.

Sanitary facilities, that may consist of portable stations, must be properly maintained and located within a side or rear yard and screened from public view.

All waste products shall be screened from public view, properly disposed of on a regular basis and shall in no way be allowed to become a nuisance to adjacent properties.

Hours of operation will be determined through the special use standards of § 300-24.07E(5).

All events must be conducted by persons who own the premises, or their designees.

§ 300-18.40 Wireless communication towers, commercial.

[Added 9-16-2021 by Ord. No. 123-2021]

These provisions shall not apply to towers located on existing buildings, or to an antenna located on existing structures.

Antennas for commercial wireless telecommunications services shall be required to locate on any existing or approved tower or suitable publicly or privately owned structure within a three-mile radius of the proposed tower unless one or more of the following conditions exists:

The planned equipment would exceed the structural capacity of the existing or approved structure, tower or building, as documented by a qualified and registered professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the structure, tower or building as documented by a qualified and registered professional engineer and the interference cannot be prevented at a reasonable cost.

Existing or approved structures, towers and buildings within a three-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and registered professional engineer.

Other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing structure, tower or building.

Any proposed tower for commercial wireless telecommunication services shall be designed, structurally, electrically, and in all other respects, to accommodate both the applicant's equipment and comparable equipment for at least two additional users. Towers must be designed to allow for future rearrangement of equipment upon the tower and to accept equipment mounted at varying heights. Adequate space shall be reserved on the site for ground-mounted equipment serving the additional users.

Communications towers shall be designed to blend into the surrounding environment through the use of color and architectural treatment, except in instances where color is dictated by other state or federal authorities. Towers shall be of a monopole design unless the Planning Commission determines that an alternative design would better blend into the surrounding environment.

The tower base shall be set back from all lot lines a minimum distance equal to 1/2 the height of the tower. The tower height shall be measured from the grade at the base of the tower to the topmost element of the tower and all antennas.

Tower height shall be limited to 300 feet, including antenna.

The Planning Commission may require structures or equipment on the ground to be screened with landscaping, berms, walls, or a combination of these elements.

Communications towers shall not be illuminated unless required by other state or federal authorities. No signs or other advertising not related to safety or hazard warnings shall be permitted on any part of the tower or associated equipment or buildings.

A performance guarantee shall be provided for communication towers to ensure that, if they are abandoned or unused, the tower shall be removed, along with any associated structures or equipment, within 12 months of the cessation of operations, unless a time extension is granted by the Zoning Administrator. One three-month extension shall be permitted only if the Zoning Administrator finds that the owner or former operator of the facility is taking active steps to ensure its removal or reactivate its use.

§ 300-18.41 Agricultural sales and uses.

[Added 11-20-2025 by Ord. No. 131-2025]

Any business that is involved in sales, service or production of products related to agriculture. This would include, but not be limited to, the sales of agricultural products, equipment, and inputs, as well as processing and packaging of agricultural products.

Minimum lot size of five acres.

Minimum road frontage of 300 feet.

May be primary or secondary use of the parcel.

Buildings greater than 300 square feet may not be located within 300 feet of any residential building not located on the same property.

Buchanan Township City Zoning Code

ARTICLE XVIII

General Provisions and Exceptions

§ 300-18.01 Description and purpose.

All uses and structures, whether permitted by right or by special use permit, shall be subject to the following general regulations of this chapter.

§ 300-18.02 General exceptions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 300-18.03 Easements.

§ 300-18.04 Spatial relationships, grades and retaining walls.

Spatial relationship standards.

A basement shall not be included as a story for height measurement.

Lot width shall be measured at the building line.

The minimum required setback is the minimum depth of a front, rear, or side yard necessary to conform to the required yard setback provisions of this chapter.

Grades and elevation differentials.

Retaining walls.

All retaining walls shall be constructed and/or painted, tinted, or colored in a manner that is architecturally compatible with surrounding buildings or structures.

No sign or advertising shall be placed, affixed, painted, or designed thereon.

§ 300-18.05 Obstructions to vision on corner lots.

§ 300-18.06 Fence, wall and privacy screen regulations.

Fences, walls, and privacy screens are permitted subject to the following:

Fences shall not be taller than four feet in a required front yard nor higher than six feet in a required side or rear yard for parcels located in all zoning districts.

Fences with barbed wire and electrical current are prohibited in the residential zoning districts.

A four-foot fence shall surround all swimming pools in accordance with the regulations outlined in the Michigan Building Code as amended.

§ 300-18.07 Winery, brewery or distillery.

The applicant shall demonstrate that all vehicular parking will occur on the site. A pervious parking surface is permitted, subject to demonstration by the applicant that dust would be controlled.

§ 300-18.08 Storage of obnoxious matter in open containers prohibited.

§ 300-18.09 Climate-controlled storage facilities.

[Added 12-19-2019 by Ord. No. 118-2019]

Climate controlled self-service storage uses shall provide separate storage areas for individual or business uses.

Accessory uses, such as security facilities and related office, may be permitted, provided that such accessory uses do not occupy more than 20% of the facility.

Storage areas shall not be used for sales, service, repair or any other commercial business venture at this facility.

A climate-controlled storage facility shall be located on a parcel with an area of at least three acres.

The storage of combustible or flammable liquids or fibers, explosive or toxic materials, or illegal substances or items shall not be permitted.

All self-storage activities shall be contained within a single building and conducted exclusively indoors. Individual storage units may be accessed from inside the building only.

§ 300-18.10 Outdoor storage of unlicensed recreational and other vehicles and equipment in residential and agricultural districts.

Seasonal storage of licensed recreational vehicles shall be permitted.

The storage of vacant mobile homes in any district shall be prohibited; with the exception of approved and permitted sales and service facilities located in a designated commercial district.

§ 300-18.11 Farm regulations; migrant conditions.

§ 300-18.12 Dumpsters or outdoor trash receptacles.

In no instance shall any such refuse be visible above the required enclosure.

§ 300-18.13 Swimming pool regulations.

Location. Outdoor swimming pools may be erected in the side or rear yard only, provided that they are located no closer than 15 feet from the side or rear lot lines.

Fencing. All above- and below-ground swimming pools shall be protected in a manner which meets the minimum requirements of the Michigan Residential Building Code.

A swimming pool shall be considered an accessory structure for purposes of calculating lot coverage.

§ 300-18.14 Home occupations.

A home occupation shall be conducted completely within the dwelling unit or permitted accessory building. A home occupation conducted within an accessory building shall not exceed 1,000 square feet.

Signs shall comply with the requirements of Article XXI.

The use shall not include the sale or offering for sale on the premises of any articles, goods, or merchandise.

Medical marijuana primary caregiver home occupation. In addition to the regulations above, a primary caregiver home occupation shall be subject to the following:

Primary caregivers shall deliver medical marijuana to the qualified patients, as defined in the MMMA, and no dispensing or sale of medical marihuana shall occur on the premises.

[2]

Growing operations shall be fully contained within a locked and secured building, in compliance with the MMMA.

[3]

Only one person residing within dwelling shall be permitted to be a primary caregiver for those who do not reside within the dwelling.

[4]

All growing, processing operations and use shall be conducted in compliance with the MMMA, and other applicable state laws and regulations.

[5]

Structures containing a primary caregiver home occupation shall conform to applicable standards of the ICC Property Maintenance Code, or any successor code adopted by the Township.

[6]

[7]

A primary caregiver home occupation shall not bear any sign or emblem that would indicated the presence of the activity.

The hours the major home occupation will operate.

A description of employee parking and workforce staging plans.

A site plan in accord with Article XXIII indicating the location of any storage of materials, vehicles and equipment as well as any employee or customer parking.

A description of the shipping and delivery requirements of the major home occupation.

A description of any material used in the major home occupation which will be stored on the premises.

Any change or alteration in the nature or activities of a major home occupation shall be regarded as a new major home occupation and shall require a new application hereunder.

Fees for all home occupation permits shall be set by resolution of the Township Board.

§ 300-18.15 Temporary and portable buildings, uses, and structures.

Temporary sales of farm produce and similar products, when a structure is erected, may be permitted provided they comply with the following standards and upon issuance of a zoning compliance permit:

The sale of farm produce employing permanent structures with a floor area of less than 100 square feet shall be permitted only in the AG District and in unplatted properties in the R-1 District.

All permanent structures used in the temporary (or intermittent) sale of farm produce shall comply with the four standards outlined in Subsection B below.

The location of the site shall be:

Off the road right-of-way at least 25 feet.

If located on a corner, the entrance/exit should be off of the side road.

There shall be no permanent structures; all fixtures (i.e., signs, tables, chairs, produce, boxes, etc.) are to be removed at the end of each season.

A maximum of two signs will be permitted. Signs shall be off the road right-of-way and located on the applicant's property.

The operator shall comply with all state laws regarding public health standards; sales and business tax regulations.

Family hardship and temporary housing. A temporary dwelling may be located in the AG District or on a residentially zoned lot in excess of two acres.

General standards.

In addition to the requirements of Article XXIV, the applicant shall show through substantial evidence that no other dwelling option exists which would accommodate the temporary need.

The temporary dwelling shall be connected to an approved water and septic system as required by the Berrien County Health Department.

Minimum road frontage, setback and yard requirements as specified by this chapter shall be maintained.

(g)

Pursuant to § 300-24.06, the Township Board may establish conditions of approval as may be reasonable to ensure the compliance with the provisions of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Zoning Administrator shall also determine:

That the use shall not have an unreasonable detrimental effect upon adjacent properties.

That the use shall not impact the nature of the surrounding neighborhood.

That access to the area shall not constitute a traffic hazard due to ingress or egress.

That adequate off-street parking shall be available to accommodate the use.

That the use complies with all setback requirements.

§ 300-18.16 Building permits issued prior to effective date.

§ 300-18.17 Restoration of unsafe buildings.

§ 300-18.18 Moving of buildings.

§ 300-18.19 Exceptions to area and width requirements.

§ 300-18.20 One principal use on a lot.

§ 300-18.21 Illegal dwellings.

§ 300-18.22 Projections into yards.

Fire escape. A fire escape may extend or project into any front, side, or rear yard not more than four feet.

§ 300-18.23 Access through yards.

§ 300-18.24 Accessory buildings and structures.

Accessory buildings and structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

Accessory buildings with an area of 145 square feet or less, shall be limited to one story (or 20 feet) in height.

All accessory buildings shall be located to meet the minimum side and rear yard setbacks for the district in which they are located.

§ 300-18.25 Adult regulated uses and sexually oriented businesses.

Authorization.

Uses specified. Uses subject to these controls as defined herein as "adult only businesses" are as follows:

Adult related businesses.

Adult motion-picture theaters.

Adult book and video stores.

Adult cabarets.

Nude artist and photography studios.

An adult-only business shall be permitted only in the Industrial District.

Site development requirements.

The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

An adult-only business shall clearly post at the entrance to the business, (or that portion of the business utilized for adult only purposes), that minors are excluded.

Use regulations.

No person shall reside in or permit a person to reside in the premises of an adult-only business.

No adult only business shall possess, disseminate, or permit persons therein to possess or disseminate on the premises any obscene materials as defined by MCLA § 752.361 et seq., as amended.

§ 300-18.26 Automobile fueling stations and service stations.

Walls and screening. Where an automotive fueling station, service station, repair center, or public garage adjoins property located in any residential zoning district, screening shall be provided.

§ 300-18.27 Junkyards and salvage operations.

All applicable requirements in the IND or RS Districts must be met.

The proposed buildings and structures shall be so situated as to minimize adverse effects therefrom upon owners and occupants of adjacent properties.

Any adverse effects of the junkyard shall be minimized by screening, fencing, landscaping, setbacks, building location, structures, and entryways.

A separation distance of at least 300 feet between the site and such uses shall be deemed sufficient isolation distance to mitigate off-site impacts.

The operational areas of the site shall be effectively screened from view from the roadway by vegetation, landscaping or a solid fence. Materials on the site shall not be stacked higher than 50 feet.

Such operational plan shall describe in detail design features, equipment and operational measures to be implemented to control and mitigate the following potential adverse effects of the facility:

Litter and accumulation of debris on site.

Dust and airborne fumes and odors.

Stormwater runoff.

Noise and vibration from equipment, vehicles and operations on site.

Glare and light pollution.

No dumping or burning of garbage or trash shall be permitted.

The site shall not create a nuisance adversely affecting adjoining properties.

A junkyard or salvage operation shall be subject to periodic inspection and review by the Zoning Administrator.

§ 300-18.28 Guesthouse.

A guesthouse shall not be the principal use on the site.

A guesthouse may not exceed 480 square feet in total floor area including loft, nor shall it exceed the height of the principal dwelling.

At no time shall the guesthouse be used as an income producing property.

A guesthouse must remain as an accessory structure and shall not be eligible for consideration as a principal structure on its own lot or parcel.

A guesthouse must be in compliance with the Building Code of the State of Michigan.

§ 300-18.29 Refuse and dumping.

§ 300-18.30 Removal and processing of sand, gravel and topsoil.

Relating to excavation for permitted construction that has been approved by the Township through Article XXIII of this chapter.

Uses accessory or incidental to farming operations.

Residential construction and improvements involving a plat duly approved and recorded pursuant to the Land Division Act, Public Act No 288 of 1967 (MCLA § 560.101 et seq.); and

Operations necessary by a governmental agency in the construction of highways, sewers, drains and flood control projects.

Permitted according to the provisions of this section of this chapter.

Maximum amount of material to be moved, removed, deposited or relocated.

Type or kind of material to be moved, removed or relocated or used for fill material.

Proposed method of removal and equipment intended to be used in the removal.

Measures to be taken by the applicant to control noise, vibration, dust and traffic during the operations.

Any measures the applicant proposes to take to ensure public safety, the exclusion of children from the premises, and the lateral support of surrounding land and structures.

A phasing plan including the time required for the proposed operations.

A map of the parcel involved showing all buildings, streets, drainage facilities and natural features within 200 feet thereof shall accompany the application.

Permit fee. Each application for a permit required by this section shall be accompanied by a fee in an amount set by resolution of the Township Board from time to time.

The proposed operations are not likely to cause any dangerous, unsanitary or unhealthy condition;

They will impose no undue financial burden upon the Township;

They are not likely to create any public or private nuisance;

They are not likely to be conducted in violation of any state law or Township ordinance;

There is adequate assurance that the premises will be left in such condition as will prevent soil erosion and sedimentation that will affect adjacent property and of the waters of the State; and

After completion of the operations, the land will be reclaimed for a land use compatible with the anticipated future land use of the Township of Buchanan Master Development Plan.

Editor's Note: Original Section 18.30I, Penalty for violation, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Other provisions:

No business or industrial structures or buildings of a permanent nature shall be erected without prior approval.

No truck parking or truck storage shall be located within 200 feet of any adjacent residence or within 50 feet of any adjoining property or nearer than a two-foot lateral ratio per one foot of cut.

A well maintained wire or painted wooden fence shall be erected on any side adjoining a residential property.

The proposed restoration elevations shall be compatible with surrounding areas and adequate safeguards shall be made to insure proper drainage.

The property shall be restored by the replacement of topsoil and such soil shall be stabilized by appropriate plantings.

All truck traffic shall be directed away from residential streets.

The Planning Commission may recommend, the Township Board may approve a time limit for the removal and processing of sand, gravel and topsoil to occur.

The Planning Commission may recommend, and the Township Board may approve a performance guarantee to ensure that the site is restored.

§ 300-18.31 Building permit and zoning compliance permit required.

The Michigan Building Code, as amended, shall govern circumstances and standards to require building permits.

§ 300-18.33 Single-family dwellings.

A single-family dwelling as defined in this chapter shall meet the following minimum standards:

The dwelling shall comply with the minimum square footage requirements for the zone in which it is located.

A single-family dwelling shall have all of the following:

Not less than two exterior doors with the second one being in either the rear or side of the dwelling;

Steps connected to exterior door areas or to porches connected to door areas where a difference in elevation requires the same.

A roof pitch of four feet horizontal to one foot (or greater) vertical.

This section shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or architectural design.

No construction may be commenced until a building permit has been obtained in accordance with the applicable provisions of this chapter and the applicable building code.

§ 300-18.34 Access management.

Corner lots. Corner lots as defined herein, may be entitled to not more than one driveway for each road which abuts the parcel, subject to the approval of the Road Department.

Posted Speed Limit of Abutting Roadway (mph)	Minimum Driveway and Intersection Separation (measured center line to center line) (feet)
25	105
30	125
35	150
40	185
45	230
50+	275

Traffic impact analysis of the proposed development and the proposed traffic access on the affected roadway.

§ 300-18.35 Keeping, raising, or breeding of animals.

Small scale livestock operations.

Animal units. The maximum number of combined individual animals shall be determined based on equivalent animal units as defined herein, per the following table:

Animal	Number of Animals per Animal Unit
Slaughter or feeder cattle/buffalo	1
Dairy cattle	0.7
Equine, llama/alpaca	1
Swine (over 55 pounds)/ostrich	2.5
Goat/sheep	3
Turkeys	7
Laying hens and broilers	10
Rabbits	10
Other livestock	1,000 divided by the average mature animal weight

Maximum animals allowed.

Minimum parcel area (in acres)	5	6	7	8	9	10	11	12 or greater
Maximum animal units allowed	3	4	5	6	7	8	9	10

Manure or animal waste piles shall be kept a minimum of 100 feet from all property lines.

Roosters are not permitted.

The outdoor slaughter of chickens is prohibited.

The keeping of chickens shall not generate excessive noise, odors, dust, fumes, unsanitary conditions or other comparable nuisances.

All licensing required by the State of Michigan and Berrien County, as well as all other statutes, ordinances and codes shall be satisfied.

§ 300-18.36 Docks, boathouses, and mooring facilities.

General provisions.

The erection, construction or alteration of any dock, boathouse, or mooring facility shall first require a zoning compliance permit.

No dock, boathouse, or mooring facility, whether seasonal or permanent, shall:

Be built closer to any property line than 10 feet.

Have a height greater than five feet from the elevation of the mean water level.

Be so constructed or arranged so as to constitute a hazard to navigation.

Private docks. Private docks shall be subject to the following requirements:

No more than three boats, including personal watercraft, shall be regularly moored at any private dock serving a single parcel.

Private docks shall not be used for commercial purposes or rented for compensation in any form.

No private dock shall include T or L diversions that extend more than 10 feet in any direction from the central dock.

Shared docks shall have a recorded easement and be approved by all owners.

Community docks. Community docks shall be subject to the following requirements:

No more than 12 boats, including personal watercraft, shall be regularly moored at any community dock serving a single entity or organization.

Community docks shall not impede access to nearby docks by way of size, orientation or design.

§ 300-18.37 Spas and wellness centers.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Overnight stays. Overnight stays shall not exceed 14 days.

A spa and wellness center shall not be used as a "half-way house" or any adjunct facility associated with the criminal justice, corrections system, juvenile justice or community mental health system.

§ 300-18.38 Accessory uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 300-18.39 Event venues.

[Added 12-3-2020 by Ord. No. 121-2020]

This specific use shall be permitted in the Agricultural and Recreational Zoning Districts with a special land use.

The site shall have a minimum area of five acres identified by a single property (parcel) ID.

The applicant must demonstrate fire code compliance and receive Fire and Building Department approval.

Sanitary facilities, that may consist of portable stations, must be properly maintained and located within a side or rear yard and screened from public view.

All waste products shall be screened from public view, properly disposed of on a regular basis and shall in no way be allowed to become a nuisance to adjacent properties.

Hours of operation will be determined through the special use standards of § 300-24.07E(5).

All events must be conducted by persons who own the premises, or their designees.

§ 300-18.40 Wireless communication towers, commercial.

[Added 9-16-2021 by Ord. No. 123-2021]

These provisions shall not apply to towers located on existing buildings, or to an antenna located on existing structures.

Other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing structure, tower or building.

Tower height shall be limited to 300 feet, including antenna.

The Planning Commission may require structures or equipment on the ground to be screened with landscaping, berms, walls, or a combination of these elements.

§ 300-18.41 Agricultural sales and uses.

[Added 11-20-2025 by Ord. No. 131-2025]

Minimum lot size of five acres.

Minimum road frontage of 300 feet.

May be primary or secondary use of the parcel.

Buildings greater than 300 square feet may not be located within 300 feet of any residential building not located on the same property.

Buchanan Township City Zoning Code

ARTICLE XVIII

General Provisions and Exceptions

§ 300-18.01 Description and purpose.

All uses and structures, whether permitted by right or by special use permit, shall be subject to the following general regulations of this chapter.

§ 300-18.02 General exceptions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 300-18.03 Easements.

§ 300-18.04 Spatial relationships, grades and retaining walls.

Spatial relationship standards.

A basement shall not be included as a story for height measurement.

Lot width shall be measured at the building line.

The minimum required setback is the minimum depth of a front, rear, or side yard necessary to conform to the required yard setback provisions of this chapter.

Grades and elevation differentials.

Retaining walls.

All retaining walls shall be constructed and/or painted, tinted, or colored in a manner that is architecturally compatible with surrounding buildings or structures.

No sign or advertising shall be placed, affixed, painted, or designed thereon.

§ 300-18.05 Obstructions to vision on corner lots.

§ 300-18.06 Fence, wall and privacy screen regulations.

Fences, walls, and privacy screens are permitted subject to the following:

Fences shall not be taller than four feet in a required front yard nor higher than six feet in a required side or rear yard for parcels located in all zoning districts.

Fences with barbed wire and electrical current are prohibited in the residential zoning districts.

A four-foot fence shall surround all swimming pools in accordance with the regulations outlined in the Michigan Building Code as amended.

§ 300-18.07 Winery, brewery or distillery.

The applicant shall demonstrate that all vehicular parking will occur on the site. A pervious parking surface is permitted, subject to demonstration by the applicant that dust would be controlled.

§ 300-18.08 Storage of obnoxious matter in open containers prohibited.

§ 300-18.09 Climate-controlled storage facilities.

[Added 12-19-2019 by Ord. No. 118-2019]

Climate controlled self-service storage uses shall provide separate storage areas for individual or business uses.

Accessory uses, such as security facilities and related office, may be permitted, provided that such accessory uses do not occupy more than 20% of the facility.

Storage areas shall not be used for sales, service, repair or any other commercial business venture at this facility.

A climate-controlled storage facility shall be located on a parcel with an area of at least three acres.

The storage of combustible or flammable liquids or fibers, explosive or toxic materials, or illegal substances or items shall not be permitted.

All self-storage activities shall be contained within a single building and conducted exclusively indoors. Individual storage units may be accessed from inside the building only.

§ 300-18.10 Outdoor storage of unlicensed recreational and other vehicles and equipment in residential and agricultural districts.

Seasonal storage of licensed recreational vehicles shall be permitted.

The storage of vacant mobile homes in any district shall be prohibited; with the exception of approved and permitted sales and service facilities located in a designated commercial district.

§ 300-18.11 Farm regulations; migrant conditions.

§ 300-18.12 Dumpsters or outdoor trash receptacles.

In no instance shall any such refuse be visible above the required enclosure.

§ 300-18.13 Swimming pool regulations.

Location. Outdoor swimming pools may be erected in the side or rear yard only, provided that they are located no closer than 15 feet from the side or rear lot lines.

Fencing. All above- and below-ground swimming pools shall be protected in a manner which meets the minimum requirements of the Michigan Residential Building Code.

A swimming pool shall be considered an accessory structure for purposes of calculating lot coverage.

§ 300-18.14 Home occupations.

A home occupation shall be conducted completely within the dwelling unit or permitted accessory building. A home occupation conducted within an accessory building shall not exceed 1,000 square feet.

Signs shall comply with the requirements of Article XXI.

The use shall not include the sale or offering for sale on the premises of any articles, goods, or merchandise.

Medical marijuana primary caregiver home occupation. In addition to the regulations above, a primary caregiver home occupation shall be subject to the following:

Primary caregivers shall deliver medical marijuana to the qualified patients, as defined in the MMMA, and no dispensing or sale of medical marihuana shall occur on the premises.

[2]

Growing operations shall be fully contained within a locked and secured building, in compliance with the MMMA.

[3]

Only one person residing within dwelling shall be permitted to be a primary caregiver for those who do not reside within the dwelling.

[4]

All growing, processing operations and use shall be conducted in compliance with the MMMA, and other applicable state laws and regulations.

[5]

Structures containing a primary caregiver home occupation shall conform to applicable standards of the ICC Property Maintenance Code, or any successor code adopted by the Township.

[6]

[7]

A primary caregiver home occupation shall not bear any sign or emblem that would indicated the presence of the activity.

The hours the major home occupation will operate.

A description of employee parking and workforce staging plans.

A site plan in accord with Article XXIII indicating the location of any storage of materials, vehicles and equipment as well as any employee or customer parking.

A description of the shipping and delivery requirements of the major home occupation.

A description of any material used in the major home occupation which will be stored on the premises.

Any change or alteration in the nature or activities of a major home occupation shall be regarded as a new major home occupation and shall require a new application hereunder.

Fees for all home occupation permits shall be set by resolution of the Township Board.

§ 300-18.15 Temporary and portable buildings, uses, and structures.

Temporary sales of farm produce and similar products, when a structure is erected, may be permitted provided they comply with the following standards and upon issuance of a zoning compliance permit:

The sale of farm produce employing permanent structures with a floor area of less than 100 square feet shall be permitted only in the AG District and in unplatted properties in the R-1 District.

All permanent structures used in the temporary (or intermittent) sale of farm produce shall comply with the four standards outlined in Subsection B below.

The location of the site shall be:

Off the road right-of-way at least 25 feet.

If located on a corner, the entrance/exit should be off of the side road.

There shall be no permanent structures; all fixtures (i.e., signs, tables, chairs, produce, boxes, etc.) are to be removed at the end of each season.

A maximum of two signs will be permitted. Signs shall be off the road right-of-way and located on the applicant's property.

The operator shall comply with all state laws regarding public health standards; sales and business tax regulations.

Family hardship and temporary housing. A temporary dwelling may be located in the AG District or on a residentially zoned lot in excess of two acres.

General standards.

In addition to the requirements of Article XXIV, the applicant shall show through substantial evidence that no other dwelling option exists which would accommodate the temporary need.

The temporary dwelling shall be connected to an approved water and septic system as required by the Berrien County Health Department.

Minimum road frontage, setback and yard requirements as specified by this chapter shall be maintained.

(g)

Pursuant to § 300-24.06, the Township Board may establish conditions of approval as may be reasonable to ensure the compliance with the provisions of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Zoning Administrator shall also determine:

That the use shall not have an unreasonable detrimental effect upon adjacent properties.

That the use shall not impact the nature of the surrounding neighborhood.

That access to the area shall not constitute a traffic hazard due to ingress or egress.

That adequate off-street parking shall be available to accommodate the use.

That the use complies with all setback requirements.

§ 300-18.16 Building permits issued prior to effective date.

§ 300-18.17 Restoration of unsafe buildings.

§ 300-18.18 Moving of buildings.

§ 300-18.19 Exceptions to area and width requirements.

§ 300-18.20 One principal use on a lot.

§ 300-18.21 Illegal dwellings.

§ 300-18.22 Projections into yards.

Fire escape. A fire escape may extend or project into any front, side, or rear yard not more than four feet.

§ 300-18.23 Access through yards.

§ 300-18.24 Accessory buildings and structures.

Accessory buildings and structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

Accessory buildings with an area of 145 square feet or less, shall be limited to one story (or 20 feet) in height.

All accessory buildings shall be located to meet the minimum side and rear yard setbacks for the district in which they are located.

§ 300-18.25 Adult regulated uses and sexually oriented businesses.

Authorization.

Uses specified. Uses subject to these controls as defined herein as "adult only businesses" are as follows:

Adult related businesses.

Adult motion-picture theaters.

Adult book and video stores.

Adult cabarets.

Nude artist and photography studios.

An adult-only business shall be permitted only in the Industrial District.

Site development requirements.

The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

An adult-only business shall clearly post at the entrance to the business, (or that portion of the business utilized for adult only purposes), that minors are excluded.

Use regulations.

No person shall reside in or permit a person to reside in the premises of an adult-only business.

No adult only business shall possess, disseminate, or permit persons therein to possess or disseminate on the premises any obscene materials as defined by MCLA § 752.361 et seq., as amended.

§ 300-18.26 Automobile fueling stations and service stations.

Walls and screening. Where an automotive fueling station, service station, repair center, or public garage adjoins property located in any residential zoning district, screening shall be provided.

§ 300-18.27 Junkyards and salvage operations.

All applicable requirements in the IND or RS Districts must be met.

The proposed buildings and structures shall be so situated as to minimize adverse effects therefrom upon owners and occupants of adjacent properties.

Any adverse effects of the junkyard shall be minimized by screening, fencing, landscaping, setbacks, building location, structures, and entryways.

A separation distance of at least 300 feet between the site and such uses shall be deemed sufficient isolation distance to mitigate off-site impacts.

The operational areas of the site shall be effectively screened from view from the roadway by vegetation, landscaping or a solid fence. Materials on the site shall not be stacked higher than 50 feet.

Such operational plan shall describe in detail design features, equipment and operational measures to be implemented to control and mitigate the following potential adverse effects of the facility:

Litter and accumulation of debris on site.

Dust and airborne fumes and odors.

Stormwater runoff.

Noise and vibration from equipment, vehicles and operations on site.

Glare and light pollution.

No dumping or burning of garbage or trash shall be permitted.

The site shall not create a nuisance adversely affecting adjoining properties.

A junkyard or salvage operation shall be subject to periodic inspection and review by the Zoning Administrator.

§ 300-18.28 Guesthouse.

A guesthouse shall not be the principal use on the site.

A guesthouse may not exceed 480 square feet in total floor area including loft, nor shall it exceed the height of the principal dwelling.

At no time shall the guesthouse be used as an income producing property.

A guesthouse must remain as an accessory structure and shall not be eligible for consideration as a principal structure on its own lot or parcel.

A guesthouse must be in compliance with the Building Code of the State of Michigan.

§ 300-18.29 Refuse and dumping.

§ 300-18.30 Removal and processing of sand, gravel and topsoil.

Relating to excavation for permitted construction that has been approved by the Township through Article XXIII of this chapter.

Uses accessory or incidental to farming operations.

Residential construction and improvements involving a plat duly approved and recorded pursuant to the Land Division Act, Public Act No 288 of 1967 (MCLA § 560.101 et seq.); and

Operations necessary by a governmental agency in the construction of highways, sewers, drains and flood control projects.

Permitted according to the provisions of this section of this chapter.

Maximum amount of material to be moved, removed, deposited or relocated.

Type or kind of material to be moved, removed or relocated or used for fill material.

Proposed method of removal and equipment intended to be used in the removal.

Measures to be taken by the applicant to control noise, vibration, dust and traffic during the operations.

Any measures the applicant proposes to take to ensure public safety, the exclusion of children from the premises, and the lateral support of surrounding land and structures.

A phasing plan including the time required for the proposed operations.

A map of the parcel involved showing all buildings, streets, drainage facilities and natural features within 200 feet thereof shall accompany the application.

Permit fee. Each application for a permit required by this section shall be accompanied by a fee in an amount set by resolution of the Township Board from time to time.

The proposed operations are not likely to cause any dangerous, unsanitary or unhealthy condition;

They will impose no undue financial burden upon the Township;

They are not likely to create any public or private nuisance;

They are not likely to be conducted in violation of any state law or Township ordinance;

There is adequate assurance that the premises will be left in such condition as will prevent soil erosion and sedimentation that will affect adjacent property and of the waters of the State; and

After completion of the operations, the land will be reclaimed for a land use compatible with the anticipated future land use of the Township of Buchanan Master Development Plan.

Editor's Note: Original Section 18.30I, Penalty for violation, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Other provisions:

No business or industrial structures or buildings of a permanent nature shall be erected without prior approval.

No truck parking or truck storage shall be located within 200 feet of any adjacent residence or within 50 feet of any adjoining property or nearer than a two-foot lateral ratio per one foot of cut.

A well maintained wire or painted wooden fence shall be erected on any side adjoining a residential property.

The proposed restoration elevations shall be compatible with surrounding areas and adequate safeguards shall be made to insure proper drainage.

The property shall be restored by the replacement of topsoil and such soil shall be stabilized by appropriate plantings.

All truck traffic shall be directed away from residential streets.

The Planning Commission may recommend, the Township Board may approve a time limit for the removal and processing of sand, gravel and topsoil to occur.

The Planning Commission may recommend, and the Township Board may approve a performance guarantee to ensure that the site is restored.

§ 300-18.31 Building permit and zoning compliance permit required.

The Michigan Building Code, as amended, shall govern circumstances and standards to require building permits.

§ 300-18.33 Single-family dwellings.

A single-family dwelling as defined in this chapter shall meet the following minimum standards:

The dwelling shall comply with the minimum square footage requirements for the zone in which it is located.

A single-family dwelling shall have all of the following:

Not less than two exterior doors with the second one being in either the rear or side of the dwelling;

Steps connected to exterior door areas or to porches connected to door areas where a difference in elevation requires the same.

A roof pitch of four feet horizontal to one foot (or greater) vertical.

This section shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or architectural design.

No construction may be commenced until a building permit has been obtained in accordance with the applicable provisions of this chapter and the applicable building code.

§ 300-18.34 Access management.

Corner lots. Corner lots as defined herein, may be entitled to not more than one driveway for each road which abuts the parcel, subject to the approval of the Road Department.

Posted Speed Limit of Abutting Roadway (mph)	Minimum Driveway and Intersection Separation (measured center line to center line) (feet)
25	105
30	125
35	150
40	185
45	230
50+	275

Traffic impact analysis of the proposed development and the proposed traffic access on the affected roadway.

§ 300-18.35 Keeping, raising, or breeding of animals.

Small scale livestock operations.

Animal units. The maximum number of combined individual animals shall be determined based on equivalent animal units as defined herein, per the following table:

Animal	Number of Animals per Animal Unit
Slaughter or feeder cattle/buffalo	1
Dairy cattle	0.7
Equine, llama/alpaca	1
Swine (over 55 pounds)/ostrich	2.5
Goat/sheep	3
Turkeys	7
Laying hens and broilers	10
Rabbits	10
Other livestock	1,000 divided by the average mature animal weight

Maximum animals allowed.

Minimum parcel area (in acres)	5	6	7	8	9	10	11	12 or greater
Maximum animal units allowed	3	4	5	6	7	8	9	10

Manure or animal waste piles shall be kept a minimum of 100 feet from all property lines.

Roosters are not permitted.

The outdoor slaughter of chickens is prohibited.

The keeping of chickens shall not generate excessive noise, odors, dust, fumes, unsanitary conditions or other comparable nuisances.

All licensing required by the State of Michigan and Berrien County, as well as all other statutes, ordinances and codes shall be satisfied.

§ 300-18.36 Docks, boathouses, and mooring facilities.

General provisions.

The erection, construction or alteration of any dock, boathouse, or mooring facility shall first require a zoning compliance permit.

No dock, boathouse, or mooring facility, whether seasonal or permanent, shall:

Be built closer to any property line than 10 feet.

Have a height greater than five feet from the elevation of the mean water level.

Be so constructed or arranged so as to constitute a hazard to navigation.

Private docks. Private docks shall be subject to the following requirements:

No more than three boats, including personal watercraft, shall be regularly moored at any private dock serving a single parcel.

Private docks shall not be used for commercial purposes or rented for compensation in any form.

No private dock shall include T or L diversions that extend more than 10 feet in any direction from the central dock.

Shared docks shall have a recorded easement and be approved by all owners.

Community docks. Community docks shall be subject to the following requirements:

No more than 12 boats, including personal watercraft, shall be regularly moored at any community dock serving a single entity or organization.