(A)   Title. An ordinance enacted under Act 110, Michigan Public Acts of 2006, as amended, known as the “Michigan Zoning Enabling Act”, governing the unincorporated portions of the Township of Burtchville, St. Clair County, Michigan, to provide for the establishment of zoning districts within which the proper use of land and natural resources is encouraged and regulated, and the improper use of same is prohibited; to regulate and restrict the location and use of buildings, structures and land for agriculture, forestry, recreation, trade, industry, residence and for public and semi-public or other specified uses; to regulate and limit the height and bulk of buildings and other structures; to regulate and determine the size of yards, courts and open spaces; to provide safety, sanitary, and other protective measures that shall be required in dwellings, buildings and structures that may be hereafter erected or altered; to provide for the uniformity of such provisions for each class of land or buildings, dwellings and structures throughout each district; to provide for administering of this chapter; to provide for conflicts in other ordinances or regulations; to provide penalties for violations; to provide for the collection of fees for permits and processing of plan approvals; to provide for petitions and hearings; to provide for appeals; to provide for changes in the regulations; to define certain terms used herein; to provide for repeals of ordinances in conflict herewith; and to provide for any other matters authorized by the above-mentioned Michigan Zoning Act.

(Ord. passed 6-28-2006; Ord. passed 10-20-2008)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         1.   Domestic or agricultural storage in a shed, tool room, garage or similar accessory building or other structure;

         2.   Barn (livestock building);

         3.   Swimming pools for the use of the occupants of a residence or their guests;

         4.   Storage of merchandise normally carried in stock in connection with a business or industrial use, unless the storage is excluded in the applicable district regulations;

         5.   Storage of goods used in or produced by industrial uses or related activities, unless the storage is excluded in the applicable district regulations;

         6.   Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;

         7.   Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located;

         8.   Accessory signs, subject to the sign regulations for the district in which the zoning lot is located; and

         9.   For related sections, see §§ 154.008, 154.017, 154.018, 154.023, 154.024, 154.025, 154.027, 154.028 and 154.030.

   (12)   ARCADES. Any place, premises, room or establishment in which a substantial or significant portion of the business carried on involves the operation of any machine or device including, but not limited to, pinball machines, video and electronic games operated by means of insertion of a token, coin or similar object or for a consideration paid to the owner or custodian thereof for the purpose of a game of skill or amusement. The terms shall also include any place, premises, room or establishment in which three or more machines or devices including but not limited to pinball machines, video and electronic games, operated by means of insertion of token, coin or similar object or for a consideration paid to the owner or custodian thereof for the purpose of a game or contest of skill or amusement are located.

      (a)   Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, and no other:

         1.   Sale and servicing of spark plugs, batteries and distributors and distributor parts;

         2.   Tire servicing and repair, but not recapping or regrooving;

         3.   Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;

         4.   Radiator cleaning and flushing;

         5.   Washing and polishing, and sale of automotive washing and polishing materials when accessory and incidental to the principal operation;

         6.   Greasing and lubrication;

         7.   Providing and repairing fuel pumps, oil pumps and lines;

         8.   Minor servicing and repair of carburetors;

         9.   Emergency wiring repairs;

         10.   Adjusting and repairing brakes;

         11.   Minor motor adjustments not involving removal of the head or crankcase or racing the motor;

         12.   Sales of hot or cold non alcoholic beverages, packaged foods, tobacco and similar convenience goods for filling station customers, as accessory and incidental to the principal operation;

         13.   Provision of road maps and other informational material to customers; provision of restroom facilities.

         (a)   A Sunday school, a vacation bible school or a religious instruction class that is conducted by a religious organization where children are in attendance for not more than three hours per day for an indefinite period, or not more than eight hours per day for a period not to exceed four weeks during any 12-month period; or

         (b)   A facility operated by a religious organization where children are cared for not more than three hours while parents or guardians attend religious worship services.

      (a)   It complies with the minimum square footage requirement: 840 square feet.

      (b)   It has a minimum width across any front, side or rear elevation of 24 feet and complies in all respects with the State Building Code, including minimum 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 the standards or regulations for construction are different than those imposed by the State Building Code, then and in that event the federal or state standard or regulation shall apply.

      (c)   It is firmly attached to a permanent foundation constructed on the site in accordance with the State Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of a materials and type as required in the State Building Code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, the dwelling shall, in addition thereto, be installed pursuant to the manufacturer’s setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the State Mobile Home Commission and shall have a perimeter wall as required above.

      (d)   In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

      (e)   The dwelling is connected to a public sewer and water supply or to the private facilities approved by the County Health Department.

      (f)   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 similar 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.

      (g)   The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with a minimum roof pitch of four-twelfths and with either a roof overhang of not less than six inches to eave ends on any eave side, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being on a side different from the first door and the second one being in either the rear or side of the dwelling; and contains steps connected to the exterior door areas or to porches connected to the door areas where a difference in elevation requires the same.

         2.   The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.

      (h)   The dwelling contains no additions or rooms or other areas that are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

      (j)   The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law.

      (k)   All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable State Building Code provisions and requirements.

      (a)   One or more persons related by blood, marriage or adoption, with their direct lineal descendants and including the domestic employees thereof living as a single, nonprofit housekeeping unit; or

      (b)   A collective number of individuals living together in one house under one head, whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization, which is not a recognized religious order, nor include a group of individuals whose association is temporary and resort-seasonal in character or nature.

   (60)   FARM. An establishment engaged in growing crops, sod, plants, trees, shrubs, nursery stock; an establishment engaged in dairying, the maintaining or the raising of livestock and poultry, the keeping of horses, small animals, as well as other similar enterprises or uses. A FARM includes farm buildings such as barns, greenhouses, apiaries and other similar structures. A FARM’S land area includes all of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees. Requirements for a FARM by this zoning ordinance are given under §§ 154.055. Additional requirements for feedlots, chicken hatcheries, poultry farms and swineries are found under § 154.109. Additional requirements for commercial/public stables, kennels and veterinary clinics are found under § 154.115. Requirements for quarries and mining (which include the commercial removal of soil, sand, gravel, stone and other earth materials) are found under § 154.104.

 

      (b)   Not withstanding the above schedule, the following schedule shall apply in cases where one of the following conditions are met:

         2.   Pollutants are discharged directly into waters of the United States which originate outside of and pass over, across or through the facility; or

         3.   Pollutants otherwise come into direct contact with the animals confined in the operation.

 

      (c)   Provided, however, that no animal feeding operation is a concentrated animal feeding operation (feedlot) as defined above under schedule B if the animal feeding operation discharges only in the event of a 25-year, 24-hour storm event.

   (79)   HOSPITAL. A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the state, and is used primarily for in-patient services, and including related facilities as laboratories, out-patient departments, central service facilities and staff offices.

      (a)   Criteria established by Public Act 451 of 1994, being M.C.L.A. §§ 324.11503, as amended, and any rules or regulations established based on this Act;

      (b)   The county’s adopted Solid Waste Management Plan; and

      (c)   Applicable township ordinances.

      (a)   The Comprehensive Master Plan for the township, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of the plan, and any amendment to the plan or parts thereof.

      (a)   Includes community service clubs, lodges, church halls, catering or renting halls, fraternal organizations and the like.

      (a)   A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

      (a)   A series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle as a facility for temporary residence.

      (a)   Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies, and home improvement equipment such as lawn mowers, fertilizer spreaders, lawn rollers and the like;

      (b)   Retail sale of fruits and vegetables;

      (c)   Rental or sale of bicycles, recreational vehicles, mobile homes, trailers, motor vehicles, boats or small hand equipment; and

      (d)   Outdoor display and sale of garages, swimming pools and similar uses.

      (a)   Foods, frozen desserts or beverages are usually served in edible containers or paper, plastic or other disposable containers; and

      (b)   The consumption of foods, frozen desserts or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and the prohibition is strictly enforced by the restaurateur.

      (a)   Foods, frozen desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means that eliminate the need for the customer to exit the motor vehicle; and/or

      (b)   The consumption of foods, frozen desserts or beverages within motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is allowed, encouraged or permitted.

      (a)   Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers; and

      (b)   The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and the prohibition is strictly enforced by the restaurateur.

      (a)   Customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which those items are consumed; and/or

      (b)   A cafeteria-type operation where foods, frozen desserts or beverages generally are consumed within the restaurant building.

   (162)   SITE CONDOMINIUM. For the purposes of this chapter, a site condominium is a subdivision of land created and recorded pursuant to the Condominium Act (Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended), and the provisions of this chapter, containing two or more units of land designed and intended for separate ownership and use, and which may or may not contain general and limited common elements. Except as otherwise specifically provided, a condominium unit is not a “lot” or “parcel” as those terms are used in this chapter.

(Ord. passed 6-28-2006; Ord. passed 7-6-2008; Ord. passed 10-20-2008; Ord. passed 1-22-2009; Ord. passed 7-6-2010; Ord. passed 4-17-2017)

   (C)   Rebuilding of principal structure:

      (1)   A principal structure lawfully situated closer to the lake than permissible in division (B) above may be re-built to the same footprint of the prior structure on the lot, provided that the structure was occupied within the two-year period prior to the time it was damaged or demolished and may be expanded into the rear yard by up to 20% of its footprint, provided that the expansion complies with other provisions of this chapter. The proposed addition in the rear yard of an attached accessory use such as a garage shall not be included in calculating the 20%; and

      (2)   A principal structure re-built subsequent to damage or demolition shall comply with the setback requirements of division (B) above if the structure had not been occupied during the two years prior to the time of the damage or demolition or if the lot area is expanded, either through property acquisition, lot line adjustment or any other means.

   (D)   Accessory structures, patios, decks, railings and fences: the front yard (waterside yard) shall be maintained as an open unobstructed yard (no accessory buildings), except as may be permitted below:

      (1)   In front yard: Lakeside of home is the front yard. Rear yard is street side of property. Side yard plantings, fencing or accessory structures may not block the view of adjacent property owners of the lake.

      (2)   The applicant shall provide photographs or computer-generated illustrations of the current lakefront views from both the subject property and neighboring properties, if permitted;

      (3)   The applicant shall provide photographs, drawings or other similar depiction of the proposed fence, shrubs, trees, plantings or accessory building, including its height;

      (4)   The applicant shall pay a fee to the township for the purpose of providing notice to all property owners within 300 feet of the subject parcel; and

      (5)   At a public hearing called for the purpose, the Planning Commission shall determine whether or not because of grade, contour or other construction or feature of the surrounding properties, the proposed fence or accessory building will have no significant impact on the line of sight from the neighboring properties.

   (F)   The township may, at the property owners’ request, consider a lakefront single-family dwelling as a “temporary” structure if the structure is built in accordance with the State Building Code and otherwise meets the definition of “single-family dwelling”, and the dwelling is built in accordance with MDEQ rules that allow it to be classified as a “temporary” and “movable” structure (for purposes of qualifying it to be built closer to the water). However, the dwelling may not be located closer to the water than is otherwise provided by this section.

(Ord. passed 6-28-2006; Ord. passed 5-18-2009; Ord. passed 7-6-2010; Ord. passed 7-15-2024)