Burtchville Township
City Zoning Code

ZONING DISTRICTS

AND MAP

§ 154.050 DISTRICTS ESTABLISHED.

For the purpose of this chapter, the township is hereby divided into these districts:

(A) Residential districts:

(1) A/R, Agricultural/Residential District;

(2) R-1A, Single-Family Residential District;

(3) R-1B, Single-Family Residential District;

(4) R-1C, Single-Family Residential District;

(5) R-2, Two-Family Residential District;

(6) MHR, Manufactured Home Residential District; and

(7) RM, Multiple-Family Residential District.

(B) Nonresidential districts:

(1) RCC, Recreation, Conservation and Cemetery District;

(2) O, Office District;

(3) GB, General Business District; and

(4) I, Industrial District.

(Ord. passed 6-28-2006)

§ 154.051 BOUNDARIES SHOWN ON OFFICIAL ZONING MAP.

(A) The boundaries of these districts are hereby established as shown on the official zoning map, which accompanies this chapter, which is incorporated by reference herein and which map with all notations, references and other information shown thereon shall be as much a part of this chapter as if fully described herein.

(B) The official zoning map shall be identified by the signature of the Township Supervisor attested by the Township Clerk, under the following words:

“This is to certify that this is the official zoning map referred to in § 154.051 of the code of the Township of Burtchville: Adopted August 15, 2016.”

(C) If, in accordance with provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official zoning map, those changes shall be made on the official zoning map after the amendment has been approved by the Township Board together with an entry on the official zoning map as follows:

“On (date), by official action of the Township Board, the following change(s) were made (brief description with reference number to Board proceedings).”

(Ord. passed 6-28-2006; Res. 2016-08-15.1, passed 8-15-2016)

Cross-reference:

Burtchville Township Zoning Map, see Appendix A

Burtchville Township Zoning Detail, see Appendix B

§ 154.052 DISTRICT BOUNDARIES INTERPRETED.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply.

(A) Boundaries indicated as approximately following the centerlines of streets, highways or alleys, shall be construed to follow the centerlines.

(B) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.

(D) Boundaries indicated as parallel to, or extensions of, features shall be so construed. Distances that are not specifically indicated on the zoning map shall be determined by the scale of the map.

(E) Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A) through (D) above, the Zoning Board of Appeals shall interpret the district boundaries.

(F) Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that the district boundaries do extend to the center of any public right-of-way.

(Ord. passed 6-28-2006)

§ 154.053 DISTRICT REQUIREMENTS.

All buildings and uses in any district shall be subject to the provisions of §§ 154.001 through 154.036 and §§ 154.075 through 154.079.

(Ord. passed 6-28-2006)

§ 154.054 RCC RECREATION, CONSERVATION AND CEMETERY DISTRICT.

(A) Statement of purpose. The Recreation, Conservation and Cemetery District provides for land used for recreation, for conservation purposes, and for cemeteries. This district includes the Lakeport State Park, Burtchville Township Park, Dixie Park and cemeteries.

(B) Permitted uses. The following uses are permitted in the Recreation, Conservation and Cemetery District:

(1) Publicly owned and operated parks and recreational facilities;

(2) Conservation areas dedicated for public use or access;

(3) Cemeteries;

(4) Accessory uses, buildings and structures customarily incident to the above uses. See § 154.063;

(5) Accessory signs in accordance with § 154.025(C)(3);

(6) Communication towers as provided in § 154.134; and

(7) Uses similar to the above uses.

(C) Area, height and placement requirements. The building, height, lot coverage, floor area, lot size and setbacks shall be determined in accordance with the schedule of regulations set forth in § 154.063.

(Ord. passed 6-28-2006)

§ 154.055 A/R AGRICULTURAL/RESIDENTIAL DISTRICT.

(A) Statement of purpose. The Agricultural/Residential District encourages farms on land resources needed for agricultural production, fosters rural lifestyles and regulates the encroachment from untimely suburban and urban development. Land uses commonly found within the Agricultural/Residential District include farming, woodland, farmsteads, large lot rural non-farm dwellings, open space, outdoor recreation and similar extensive land uses. In the future, based upon the township’s Comprehensive Development Plan, Agricultural/Residential Districts may be converted to other zoning districts to accommodate expansion of suburban and more urban areas.

(B) Permitted uses. The following uses are permitted in the Agricultural/Residential District:

(1) Farms, when located on a parcel of land ten acres or more in area located outside the boundaries of either a proprietary or supervisor’s plat. A farm shall be subject to the health and sanitary regulations of the county and the state. No farm shall be operated for the disposal of garbage, sewage (except when the sewage is applied by state approved methods for the purpose of fertilizing the soil on a farm and when approved by the Township Board), rubbish, offal or rendering plants, or for slaughtering of animals (except such animals as may have been raised on the premises for consumption by persons residing on the premises);

(2) Raising of livestock and farm animals (but not including feedlots) for the purpose of this chapter, shall constitute a farm and require at least ten acres. No livestock or animal buildings or pens shall be located closer than 50 feet from any abutting residential district. (Michigan’s “generally accepted agricultural and management practices” (GAAMPS) may require a greater setback.) All livestock and farm animals shall be kept within a fenced enclosure. All livestock or animal buildings and enclosures shall be kept in a well-maintained condition. The farm operator is advised that raising livestock and farm animals should be conducted and sited in accordance with the state “generally accepted agricultural and management practices” (GAAMPS) under Public Act 94 of 1995, being M.C.L.A. § 286.472. The township explicitly leaves GAAMPS enforcement to the state and is not, by reference herein, incorporating them into the ordinance;

(3) An accessory residential animal hobby on non-farm lots or parcels outside of an existing residential plat, subdivision and condominium development, unless the development is originally designed to provide for the accessory residential animal hobbies as provided herein.

(a) Raising of hobby animals on parcels of land less than ten acres in area shall be limited to one animal unit (except horses and cattle. All other animal types not in the table on the next page are to be calculated thus: 1,000 pounds live weight equals one animal unit) for the first five acres, plus one additional animal unit for each two additional acres.

(b) The use shall be accessory to an existing residence located on the same lot or parcel. Animals kept for a 4-H project are included under this permitted use. All hobby animals shall be kept within a fenced enclosure. No hobby animals or animal buildings, pens or corrals shall be located closer than 50 feet from any abutting property line, except that hobby animal paddocks may extend to one foot from the property line or to a property line fence established between neighbors with a mutual agreement required to be recorded at the Register of Deeds for any fence on a property line.

(c) All hobby animals or animal buildings and enclosures shall be kept in a well-maintained condition, and waste products shall not create a health hazard or a public nuisance. Storage or piling of waste products shall be confined to areas where hobby animal buildings and quarters are permitted (accessory building) and away from wells, water bodies and drainage ways.

(d) Notwithstanding the below table, offspring of the hobby animals may be kept on the premises for the time period that is customary for the species.

(e) A plot plan only (not a full site plan) is required for this use. See § 154.151.

(f) On parcels of five to 6.99, seven to 8.99 or nine to 9.99 acres, the following numbers of hobby animals shall be allowed.

Number of Residential Animals Allowed On
Type of Hobby Animal	5 to 6.99 acres	7 to 8.99 acres	9 to 9.99 acres
Cattle (slaughter and feeder)	2	3	4
Horse	2	3	3
EQUIVALENTS*
Mature dairy cattle (milked or dry)	-	1	2
Swine**	2	5	7
Sheep, lambs, goats	10	20	30
Turkeys	30	60	90
Laying hens	30	60	90
Ducks	5	10	15
Ostrich, emu, lama	2	4	6
*The animal equivalents shown here are based on U.S. Code of Federal Regulations: 40 C.F.R. Appendix B (§ 122.23)
**Each weighing over 25 kilograms, approximately 55 pounds.

(4) Farm buildings, plant and tree nurseries, and greenhouses;

(5) Farm markets for sale of agricultural products raised or grown on the farm premises and

agriculture-related items; when carried on entirely within the farm dwelling or accessory buildings (including roadside stands), and only when carried on as an accessory use to a farm.

(a) In the case of roadside sales and roadside stands, the sale shall not extend for more than nine months. The roadside stand shall be located not less than ten feet from the existing road right-of-way, and an open area for patron’s parking shall be provided subject to the same ten-foot setback.

(b) All structures or buildings used for the sale shall be of portable construction, temporary, non-permanent and not anchored to the site. The structures must be removed from the front yard of the premises within 30 days of the termination of the sale.

(6) Single-family detached dwellings. The requirements a single-family dwelling must meet to locate in this district are included in the definition of single-family dwelling. Additional requirements related to area, height and placement on a lot are given under § 154.063. A plot plan is required under § 154.151;

(7) Single-family detached dwellings developed in accordance with a residential clustering option as set forth in § 154.032;

(8) Foster family homes (one to four children) and foster group homes (five to six children) as defined in § 154.003;

(9) Family day care homes (one to six children) as defined in § 154.003;

(10) State-licensed residential care facilities for six or fewer persons;

(11) Garage sales, yard sales or similar types of sales, provided that no like sale shall take place for a period of more than four days and no residence shall be permitted more than three sales per year with at least 14 days between sales;

(12) Home occupations as defined (§ 154.003) and as regulated (§ 154.030);

(13) Public and parochial elementary, intermediate and secondary schools;

(14) Publicly owned and operated parks and recreational facilities;

(15) Accessory buildings and structures customarily incidental to any of the above uses when located on the same property. See § 154.063(R) and § 154.009;

(16) Personal storage buildings, subject to the following requirements. A personal storage building is considered to serve the same function as a residential garage, namely for the storage of the property owner’s vehicles and household items. However, a personal storage building is not required to be accessory to a residential structure or other use.

(a) One such building is permitted per lot of at least three acres in the A/R District.

(b) The height, length and width shall not exceed the dimensions allowable under § 154.009(C)(4).

(c) The building’s location on the lot shall accommodate a future residential dwelling of a size typical of the neighborhood and accessory uses such as a driveway and septic system and shall accommodate yard setbacks and other requirements of § 154.063. In addition, the building shall be located no closer than 200 feet to the planned right-of-way line and be served by a driveway that can accommodate the township’s emergency response vehicles.

(d) An application for a building permit for a personal storage building shall meet the requirements of § 154.151 and include sufficient information for the Zoning Administrator to determine that the requirements above also will be met.

(e) No home occupation or commercial use or use as living quarters is permitted in a personal storage building or on the premises in other than a dwelling.

(f) Outdoor storage of items is permitted in the rear of the building.

(g) If and when a building permit is issued for a residential dwelling on the property or other lawful primary use is made of the property, the personal storage building shall be automatically reclassified as an accessory building, subject to the requirements of such, and shall be included in the calculation of lot coverage and for other district regulations.

(17) Storage of a contractor’s commercial vehicles and equipment: Storage of commercial vehicles and equipment, such as but not limited to that used by a contractor, a builder, an excavator, a landscaper, a construction company or a snow removal business (pickup trucks, vans, delivery vehicles, snow plows, lawn maintenance equipment, tank trucks, semi-tractors and trailers, and construction equipment) is permitted after review and approval by the Planning Commission of a plot plan, subject to the conditions below.

(a) All the uses shall be located on a major thoroughfare or secondary road, as shown in the Comprehensive Master Plan for the township.

(b) All equipment or stored materials shall be set back at least 150 feet from all property lines.

(c) Adequate off-street parking shall be provided to serve the expected number of users of the commercial vehicles and for the storage of the commercial vehicles.

(d) No on-site employees shall be permitted other than members of the household.

(e) The number of commercial vehicles or pieces of equipment on-site shall be limited to five. For purposes of counting, a truck and trailer normally used together and stored together will be counted as one vehicle. A piece of equipment that is stored on the trailer of a truck/trailer combination shall not be counted as an additional vehicle.

(f) Vehicles stored within a building will not be counted for the above limitations.

(g) Any hazardous materials, such, as but not limited to, gasoline, diesel fuel and motor oils, shall conform to all requirements for hazardous materials under state law.

(h) Storage of materials, such as, but not limited to, topsoil, dirt, gravel, limestone and crushed concrete, stored on the premises for use in commercial activity will be limited to occupying no more than 3,000 square feet of contiguous ground, free standing piles and in bins. There shall be adequate means provided to prevent these materials from spreading to adjacent properties or waterways due to wind or rain.

(i) Whenever the proposed use is adjacent to a residential zoning district or use, the Planning Commission may require that a landscaped greenbelt and berm if necessary be provided in order to provide proper screening of the vehicle(s), equipment or material storage from the residential district or use.

(18) Private recreational areas in accordance with the standards of § 154.113;

(19) Public and private conservation areas; and

(20) Accessory signs in accordance with § 154.025.

(1) Summer housing and migratory labor camps used for seasonal labor between April 1 and November 15, provided that the building or structure complies with these regulations:

(a) All buildings or structures shall be maintained in a safe and sanitary condition and shall be furnished with a safe and sanitary water supply and sewage disposal facilities that are no less than those required by the County and State Health Departments; and

(b) All buildings or structures shall be located so as to comply with regulations for structures in an Agricultural/Residential District as set forth § 154.063, with the exception that no building shall be located nearer than 50 feet to any side property line.

(2) Plant and tree nurseries and greenhouses with sales areas;

(3) Commercial and open-to-the-public stables, kennels and animal clinics as provided in § 154.115;

(4) Quarries, mining and extraction as provided in § 154.104;

(5) Large-scale outdoor recreational uses, as provided in § 154.114;

(6) Gun and hunt clubs, shooting and archery ranges as provided in § 154.129. Note: does not apply to activity of a property owner or resident upon his or her own property for personal use;

(7) Combat game areas, as provided in § 154.128;

(8) Cemeteries, as provided in § 154.130;

(9) Personal use aircraft landing fields as provided in § 154.133;

(10) Communication towers as provided in § 154.134;

(11) Feedlots and the raising of fur-bearing animals as provided in § 154.109. Note: the special approval uses below are also special approval uses in the residential districts;

(12) Group day care home as provided in § 154.116 and boarding and rooming houses as provided in § 154.119;

(13) Bed and breakfast establishments as provided in § 154.107;

(14) Churches and public buildings as provided in §§ 154.110 and 154.111;

(15) Golf courses, including driving ranges or miniature golf courses only when accessory to a regular golf course of nine holes or more, as provided in § 154.112;

(16) Utility provider buildings, telephone exchange buildings, electric transformer stations, and substations, and gas regulator stations, but not including storage yards when operation requirements necessitate the locating within the district in order to serve the immediate vicinity as provided in § 154.106;

(17) High-pressure gas or high-voltage (120 kV or greater) electric transmission lines as provided in § 154.099;

(18) Uses similar to the above uses (divisions (C)(1) through (17)); and

(19) Accessory uses, buildings and structures, customarily incident to the above uses. See §§ 154.009 and 154.063(R).

(D) Area, height And placement requirements. The building, height, lot coverage, floor area, lot size and setbacks shall be determined in accordance with the schedule of regulations set forth in § 154.063.

(Ord. passed 6-28-2006) Penalty, see § 154.999

§ 154.056 R-1A, R-1B AND R-1C SINGLE-FAMILY RESIDENTIAL DISTRICTS.

(A) Statement of purpose. The R-1A, R-1B and R-1C Districts are distinguished by different minimum lot sizes and setbacks as shown in the Schedule of District Regulations, § 154.063.

(1) The Single-Family Residential Districts encourage the construction of, and the use of the land for, dwellings at a density without overcrowding, where public facilities can be provided at reasonable cost.

(2) The Single-Family Residential Districts seek to protect an environment conducive to the enjoyment of home and family living by discouraging heavy traffic on local residential streets; by not allowing new commercial, industrial and other uses that interfere with residential uses; and by phasing out existing nonconforming uses.

(3) In the Single-Family Residential Districts special provision is made for uses that, because of their character or size, create a need for public facilities and services that are significantly different from that anticipated from single-family developments. These needs include: fire and police protection, water supply, wastewater collection and treatment, streets.

(B) Permitted uses.

(1) The permitted residential uses in the R-1A and R-1B Single-Family Residential Districts are the same as those permitted in the Agricultural/Residential District under § 154.055(B)(6), (8) through (15) and (20).

(2) The permitted residential uses in the R-1C Single-Family Residential Districts are the same as those permitted in the Agricultural/Residential District under § 154.055(B)(3), (6) through (15) and (20), which includes the residential clustering option, as set forth in § 154.032.

(1) Special approval land uses as listed and as regulated under § 154.055(C)(12) through (19).

(2) Private recreational areas as provided in § 154.113.

(D) Area, height and placement requirements. The building, height, lot coverage, floor area, lot size and setbacks shall be determined in accordance with the schedule of regulations set forth in § 154.063.

(Ord. passed 6-28-2006)

§ 154.057 R-2 TWO-FAMILY RESIDENTIAL DISTRICT.

(A) Statement of purpose.

(1) The Two-Family Residential District is established to provide an environment suitable for families who typically have children, but families of smaller size than those residing in the Single-Family Residential Districts.

(2) To achieve this goal, uses are primarily limited to moderately low-density two-family dwelling units, plus certain residentially related uses designated to provide an acceptable neighborhood environment.

(3) The district may also provide a transition between higher-density residential districts or nonresidential districts and low-density Single-Family Residential Districts.

(4) The Two-Family District also permits the construction of residences at a slightly higher density than Single-Family.

(B) Permitted uses.

(1) All permitted uses as regulated in the R-1A, Single-Family Residential District;

(2) Two-family dwellings;

(3) Single-family detached dwellings and two-family dwellings developed in accordance with a residential clustering option as set forth in § 154.032; and

(4) Accessory buildings and structures customarily incidental to any of the above uses when located on the same property (§§ 154.009 and 154.063(B)(18)).

(1) Special approval uses as listed and as regulated under § 154.055(C)(12) through (19).

(2) Private recreational areas as provided in § 154.113.

(Ord. passed 6-28-2006)

§ 154.058 MHR MANUFACTURED HOME RESIDENTIAL DISTRICT.

(A) Statement of purpose. The MHR, Manufactured Home Residential District is a higher-density residential district. The rules applicable to the district are those set forth by the State Manufactured Home Commission, except for the following regulations designed to provide adequate space and land use separation in harmony with the township’s other zoning districts.

(B) Permitted uses.

(1) All principal and special land uses permitted and as regulated in the R-2, Two-Family Residential District, except permitted use as related to residential clustering option.

(2) Manufactured housing communities (previously known as mobile home parks), and subject to the requirements as established and regulated by Public Act 419 of 1976, being M.C.L.A. §§ 125.2301 et seq., as amended, and §§ 154.033, 154.034 and 154.035.

(3) Accessory uses, buildings and structures customarily incidental to any of the above uses. (See § 154.063(B)(18) and § 154.009.)

(4) Accessory signs in accordance with § 154.025.

(1) Special approval land uses as listed and regulated under § 154.055(C)(12) through (19).

(2) Nursery school, day nursery and child care centers as regulated under § 154.117.

(Ord. passed 6-28-2006)

§ 154.059 RM RESIDENTIAL MULTIPLE-FAMILY DISTRICT.

(A) Statement of purpose. The RM, Residential Multiple-Family District is designed to permit a more intensive residential use of land with various types of multiple dwellings and related uses. These areas would be located near major streets for good accessibility. Various types and sizes of residential accommodations for ownership or rental would be provided to meet the needs of the different age and family groups in the community.

(B) Permitted uses.

(1) Principal permitted uses are the same as those permitted in the Agricultural/Residential District under § 154.055(B)(6) through (15), and (20);

(2) Multiple-family dwellings including:

(a) Apartment houses;

(b) Row or townhouse dwellings;

(d) Two-family dwellings.

(3) Community garages serving the principal residential building, allowing space for no more than two passenger vehicles for each dwelling unit;

(4) Maintenance and management buildings to serve the multiple dwellings;

(5) Private swimming pool designed and operated only for occupants of the principal building and their personal guests;

(6) Off-street parking and loading in accordance with § 154.023;

(7) Uses similar to the above uses;

(8) Accessory uses, buildings and structures customarily incidental to any of the above uses when located on the same property. (Also see § 154.063(B)(18) for additional guidance. Communication towers are not permitted in this district); and

(9) Accessory signs in accordance with § 154.025.

(1) Any uses (§ 154.055(C)(12) through (19)) permitted after special approval in the A/R District are permitted in this district subject to all requirements for those uses in zoning district where first permitted;

(2) Nursery school, day nursery and child care centers as regulated under § 154.117;

(3) Boarding and rooming houses as provided in § 154.119; and

(4) Orphanage, foster home, homes for the aged, indigent, physically or mentally disabled as provided in § 154.118.

(D) Required conditions.

(1) Vehicle access shall be provided by a paved thoroughfare(s) or private road, and use of one or more local thoroughfares with less than a standard 66-foot right-of-way (ROW) shall be prohibited, unless the applicant proposes an alternate remedy approved by the Planning Commission as part of site plan review (See § 154.150.) The intent of the requirement is to minimize the impact of multiple-family development on single-family residential streets that are too narrow to handle increased traffic volumes. This provision is applicable when a site plan is presented for all new construction on a parcel or for renovation affecting more than 50% of the footprint of the existing primary structure.

(2) In reviewing an applicant’s proposal for vehicular access to the property via adjacent local thoroughfares, the Planning Commission shall consider whether:

(a) The proposed plan for access results in a county-approved road width for the portion of the local thoroughfare to be used for access;

(b) The proposed plan provides for off-site turning lanes from and to an adjacent major, secondary or collector thoroughfare, thereby reducing the impact of increased traffic on the local residential thoroughfare;

(c) The proposed plan provides for linking off-site safe, non-motorized traffic along adjacent portions of any local thoroughfare involved in the plan;

(d) The site plan shows measurements, construction details and planned signage relating to any proposed off-site entrance route(s) and related turning lane(s); and

(e) In the case of a private road being used, the applicant has proposed a workable, long-term method and/or schedule of providing for the future maintenance of any off-site widened portion or portions of a local thoroughfare(s) to be used as an entrance route(s), implementation of which plan shall be a condition of approval.

(E) Height and placement requirements. The building, height, lot coverage, floor area, lot size and setbacks shall be determined in accordance with the schedule of regulations set forth in § 154.063.

(Ord. passed 6-28-2006)

§ 154.060 O OFFICE DISTRICT.

(A) Statement of purpose. The Office District is intended to permit office uses, office sales uses and certain personal services. This use district when not a part of a shopping center or other business district is intended to serve the function of land use transition between business districts and adjacent residential districts. Office districts normally will be located along major thoroughfares.

(B) Permitted uses. In an O Office District, no land, building, structure or premises except as otherwise provided in this chapter shall be erected, altered or used except for one or more of the following uses: the parenthetical number (000000) listed by each use is taken from the North American Industry Classification System (NAICS), 1997 (published by the U.S. Office of Management and Budget) and is intended to provide a general guide of uses intended under each heading. However, if it is determined by the Planning Commission that the effects of a listed use may tend to extend beyond the site, then special land use approval shall be required:

(1) Office buildings for any of the following occupations: real estate; insurance; executive; administrative; professional; accounting; writing; clerical; stenographic; drafting; and sales subject to the limitations contained below in division (D) below;

(2) Public utility buildings, offices, telephone exchanges, but not including storage yards, transformer stations, substations or gas regulator stations;

(3) Churches;

(4) Government buildings and uses;

(5) Publicly owned and operated parks and recreational facilities;

(6) Other similar uses not permitted elsewhere, as determined by the Planning Commission; and

(7) Accessory signs in accordance with § 154.025.

(C) Special approval land uses. Special approval land uses are permitted subject to the procedures set forth in §§ 154.090 through 154.098, which include a public hearing. A site plan is required for all special approval uses (§ 154.150). Section 154.095 provides general standards to guide action by the Township Planning Commission. For a specific land use, additional standards are specified in §§ 154.099 through 154.134, and in this section below. The parenthetical number (000000) listed by each use is taken from the North American Industry Classification System (NAICS), 1997 (published by the U.S. Office of Management and Budget) and is intended to provide a general guide of uses intended under each heading:

(1) Commercial office supply stores and office service establishments, when a part of a large O Office District that by the nature of its size and complexity would require these attendant services;

(2) High-pressure gas or high-voltage (120 kV or greater) electric transmission lines as provided in § 154.099;

(3) Telephone exchanges, and static transformer stations, gas regulator stations and other utility provider buildings as provided in § 154.106;

(4) Nursery school, day nursery and child care center as provided in § 154.117;

(5) Medical office, including clinics, but not animal clinics;

(6) Banks, credit union offices, savings and loan associations (522110 - 522130), stock brokerage and similar uses;

(7) Art galleries and photographic studios, except those defined as adult entertainment uses, and interior decorating studios;

(8) Personal service establishments including barber shops (812111), beauty shops (812112), and health salons, except those defined as adult entertainment uses; and

(9) Communication towers as provided in § 154.134.

(D) Required conditions.

(1) The outdoor storage of goods or materials is prohibited.

(2) Warehousing or indoor storage of materials, beyond that actually incidental to the above permitted uses, is prohibited.

(3) Off-street parking and loading in accordance with § 154.023.

(4) Vehicle ingress and egress using local thoroughfares with less than a 66-foot right-of-way shall be prohibited, unless the property owner proposes a remedy approved by the Planning Commission as part of site plan review (See § 154.150.) The intent is to minimize the impact of commercial development on residential streets that are too narrow to handle increased traffic volumes. This provision is applicable when a site plan is presented for all-new construction on a parcel or for renovation affecting more than 50% of the footprint of the existing primary structure. In reviewing an applicant’s proposal for vehicular access to the property via adjacent local thoroughfares, the Planning Commission shall consider whether:

(a) The proposed plan for access results in a county-approved road width for the portion of the local thoroughfare to be used for access;

(b) The proposed plan provides turning lanes from and to an adjacent major, secondary or collector thoroughfare, thereby reducing the impact of increased traffic on the local residential thoroughfare;

(c) The proposed plan provides for safe, non-motorized traffic along adjacent portions of any local thoroughfare involved in the plan;

(d) The site plan shows measurements, construction details and planned signage relating to any proposed entrances and turning lanes; and

(e) In the case of a private road (local thoroughfare) being used, the applicant has proposed a workable, long-term method and/or schedule of providing for the future maintenance of any widened portion or portions of the local thoroughfare, implementation of which plan shall be a condition of approval.

(E) Area, height and placement requirements. The building, height, lot coverage, floor area, lot size and setbacks shall be determined in accordance with the schedule of regulations set forth in § 154.063.

(Ord. passed 6-28-2006)

§ 154.061 GB GENERAL BUSINESS DISTRICT.

(A) Statement of purpose. The GB General Business District is intended to permit a wide range of business and entertainment activities. The permitted uses would serve not only nearby residential areas, but also people further away for types of businesses and services usually found in major shopping centers and central business districts at the juncture of principal streets. These uses would generate larger volumes of vehicular and pedestrian traffic and may be characterized by an integrated or planned cluster of establishments served by a common parking area. Alternatively, the districts may also be located along state, or other major thoroughfares, where the sites are easily accessible to large volumes of traffic. The GB Districts in the township would reflect major existing shopping concentrations, other commercial uses along major highways and desired future commercial centers as proposed in the Comprehensive Master Plan that are needed to serve adequately the future population of the township.

(B) Permitted uses. In all GB, General Business Districts, no building or land shall be erected or used except for one or more of the following uses. The parenthetical number (000000) listed by each use is taken from the North American Industry Classification System (NAICS), 1997 (published by the U.S. Office of Management and Budget) and is intended to provide a general guide of uses intended under each heading. However, where it is determined by the Planning Commission that the effects of a listed use may tend to extend beyond the site, then special land use approval shall be required. Any business or use proposing a drive-through facility shall only be considered under special land use approval procedures:

(1) All principal permitted uses in the O Office District, subject to all requirements for such uses in zoning districts where first permitted;

(2) Hardware store (444130);

(3) General merchandise and variety stores (452990);

(4) Convenience food stores (445120);

(5) Specialty food retail stores (including dairy product store (445299);

(6) Doughnut shops and ice cream parlors (722213);

(7) Candy, nut and confectionary store (445292);

(8) Drug stores (446110);

(9) Beauty shop (812112);

(10) Barber shop (812111);

(11) Coin-operated laundries and dry cleaning (812310);

(12) Banks, credit union offices, savings and loan associations (522110 - 522130), stock brokerage, branch offices of the same and similar uses;

(13) Florists (453110);

(14) Miscellaneous retail stores:

(a) Beer, wine and liquor stores (445310);

(b) Sporting goods store and bicycle shop (451110);

(d) Book store (451211)(453310);

(e) Stationery store (453210);

(f) Jewelry store (448310);

(g) Hobby, toy and games shop (451120);

(h) Gift, novelty and souvenir shop (453220);

(i) Luggage, and leather goods store (448320);

(j) Sewing, needlework and piece goods store (451130); and

(k) News dealers and newsstands.

(15) Paint and wallpaper stores (444120);

(16) Electronic shopping and mail-order houses (454110), only in conjunction with a retail showroom;

(17) Meat (445210) and fish (445220) markets;

(18) Fruit store and vegetable market (445230);

(19) Retail baked goods stores (445291), including bakery with product made on the premises for immediate consumption (722213);

(20) Apparel (4481) and accessory store (448150);

(21) Furniture, home furnishings and equipment store (442);

(22) Eating and drinking places (722110) except drive-in, fast food or carry-out restaurants (722211), and except those adult-oriented entertainment uses permitted after special approval as provided in division (C)(10) below;

(23) Miscellaneous retail stores (453), except manufactured (mobile) home dealers (453930), see § 154.061(D);

(24) Real estate and developer office (531);

(25) Personal services (8121), except escort services (812990), massage parlors and tattoo parlors (812199) or any other adult service or business regulated under § 154.061(C)(10);

(26) Business services (54, 55, 561), except display advertising services (541850);

(27) Electrical repair shops (8112);

(28) Watch, clock and jewelry repair (811490);

(29) Re-upholstery and furniture repair (811420);

(30) Small repair shop (8114), except blacksmith, boiler repair, cesspool cleaning, brick cleaning, horseshoeing, motorcycle repair, replating, septic tank cleaning and tractor repairing;

(31) Videotape, DVD and CD rental shop (532230), except rental of adult video, DVD and CD pictures or movies;

(32) Membership organizations (813410), including community service clubs;

(33) Medical office, including clinics, but not animal clinics;

(34) Museums (712110) and art galleries (453920);

(35) Art shops and photographic studios (except those defined as adult entertainment uses, and interior decorating studios;

(36) Personal service establishments including health salons (except those defined as adult entertainment uses);

(37) Commercial services: offices and showrooms of plumbers, electricians, decorators or similar trades. The ground floor premises facing upon and visible from any abutting street shall be used only for pedestrian entrances, offices or display. All storage of material or any incidental repair or fabrication shall be within the confines of enclosed buildings;

(38) Temporary outdoor sales: the temporary outdoor display and sale of live plants, cut flowers or Christmas trees, which are not part of an otherwise approved open-air business (see § 154.061(C) and § 154.126), provided the display or sale is for a period of not more than 60 days per year and is in accordance with § 154.061(D);

(39) Other similar uses not permitted elsewhere, as determined by the Planning Commission;

(40) Accessory buildings to any use herein;

(41) Accessory uses to any use herein;

(42) Temporary buildings pursuant to the establishment of a permanent building and permitted use subject to § 154.153; and

(43) Accessory signs in accordance with § 154.025.

(C) Special approval land uses. Special approval land uses are permitted subject to the procedures set forth in §§ 154.090 through 154.098, which include a public hearing. A site plan is required for all special approval uses (§ 154.150), except as otherwise provided herein. Section 154.095 provides general standards to guide action by the Township Planning Commission. For a specific land use, additional standards are specified in §§ 154.099 through 154.135 and in this section below. The parenthetical number (000000) listed by each use is taken from the North American Industry Classification System (NAICS), 1997 (published by the U.S. Office of Management and Budget) and is intended to provide a general guide of uses intended under each heading:

(1) Nursery school, day nursery and child care center as provided in § 154.117;

(2) Lumber and other building materials dealers (444190) as provided in § 154.103;

(3) Open air business uses;

(4) Open air sale of mobile homes and manufactured home dealerships (453930), recreational vehicles (441210), motorcycles (441221) or other motor vehicle sales areas (other than trucks, automobiles and homeowners’ gardening equipment and the like) as provided in § 154.126;

(5) New automobile and truck agency sales and showrooms (441110) as provided in § 154.124 and used automobile and truck sales (441120) as provided in § 154.125;

(6) Passenger car rental and leasing (53211);

(7) Department stores (452110) and warehouse clubs and superstores (452910);

(8) Gasoline service stations (447) as provided in § 154.122;

(9) Drive-in, fast food or carry-out restaurants (722211), provided in § 154.127;

(10) Adult bookstores, adult motion picture theaters, massage parlors (812199), nude modeling studios and premises for nude entertainment, all subject to the following regulations:

(a) It shall be unlawful to establish any adult bookstore, adult motion picture theater, massage parlor, nude modeling studio or premises for nude entertainment except in the GB General Business District;

(b) No like uses may be permitted in the GB General Business District, within 225 feet (as measured from the nearest lot line of the protected use to the location of the proposed use) of any: dwelling; district zoned A/R, R-1A, R-1B, R-1C or R-2; church, school, playground or youth center;

(c) Any of the above stated adult entertainment uses shall not be located within a 1,000-foot radius (as measured from the nearest lot line of the protected use to the nearest lot line of the location of the proposed use) of any other like use; and

(d) Public display (visible from the exterior) of merchandise for sale or viewing shall be prohibited.

(11) Direct selling establishments (4543) including fuel dealers and bottled water providers;

(12) Hotels and motels (721110), and tourist courts as provided in § 154.108;

(13) Personal services (812199) not previously described as a permitted use in this district;

(14) Motor vehicle repair and service facilities not previously described as permitted uses in this district (8111), as provided in § 154.123, except car washes (811192);

(15) Repair services not previously described as permitted uses in this district (811);

(16) Motion picture theaters (512131), except drive-in theaters (512132);

(17) Outdoor theaters, including drive-in theaters (512132), (except adult motion picture theaters) as provided in § 154.100;

(18) Theatrical producers (711310) and dinner theaters (711110);

(19) Amusement and recreation centers and services (see § 154.120) not previously described as permitted uses in this district (713120, 713940, 713950, 713990), except racing (711212) as provided in §§ 154.101 and 154.102;

(20) High-pressure gas or high-voltage (120 kV or greater) electric transmission lines as provided in § 154.099;

(21) Telephone exchanges, and static transformer stations, gas regulator stations and other utility provider buildings as provided in § 154.106;

(22) Motor vehicle washing, conveyor or non-conveyor type (811192) as provided in § 154.121;

(23) Mini-warehouses (531130) used to provide temporary storage needs for businesses, apartment dwellers and other individuals on a self-service basis as provided in § 154.131;

(24) Retail nurseries, lawn and garden supply stores (444220);

(25) Supermarkets and other grocery stores (445110) except convenience stores (445120);

(26) Dance halls (713990), studios (541430) and schools (611);

(27) Flea markets (453310) in accordance with division (D) below; and

(28) Particular uses listed under division (B) above as permitted uses, where it is determined by the Planning Commission that the effects of the particular use will extend beyond the site.

(D) Required conditions.

(1) Outdoor display of merchandise shall be limited as noted in divisions (B) and (C) above, except for open-air display uses approved by the Planning Commission;

(2) Outdoor display of merchandise shall be kept back at least 80 feet from the centerline on all roads;

(3) Outdoor storage shall be limited to the side or rear yard and totally enclosed with view-obscuring screening as specified by the Planning Commission based on § 154.018, when adjacent to any residential district or open to public view;

(4) Off-street parking and loading in accordance with § 154.023; and

(5) Vehicle ingress and egress using local thoroughfares with less than a 66-foot right-of-way shall be prohibited, unless the commercial property owner proposes a remedy approved by the Planning Commission as part of site plan review. (See § 154.150.) The intent is to minimize the impact of commercial development on residential streets that are too narrow to handle increased traffic volumes. This provision is applicable when a site plan is presented for all new construction on a parcel or for renovation affecting more than 50% of the footprint of the existing primary structure. In reviewing an applicant’s proposal for vehicular access to the commercial property via adjacent local thoroughfares, the Planning Commission shall consider whether:

(a) The proposed plan for access results in a county-approved road width for the portion of the local thoroughfare to be used for access;

(c) The proposed plan provides for safe, non-motorized traffic along adjacent portions of any local thoroughfare involved in the plan;

(d) The site plan shows measurements, construction details and planned signage relating to any proposed entrances and turning lanes; and

(e) In the case of a private road (local thoroughfare) being used, the applicant has proposed a workable, long-term method and/or schedule of providing for the future maintenance of any widened portion or portions of the local thoroughfare, the implementation of which plan shall be a condition of approval.

(Ord. passed 6-28-2006)

§ 154.062 I INDUSTRIAL DISTRICT.

(A) Statement of purpose. The Industrial District is established as a district in which the principal uses allowed are wholesale activities, warehousing, manufacturing, fabrication or processing.

(1) For the Industrial District, in promoting the general purpose of this chapter, the specific intent of this section is:

(a) To control nuisance effects of warehousing, wholesale activities, and industry such as smoke, noise, odor, dust, dirt, glare, vibrations and other adverse effects so that the uses will be compatible with other land uses such as commercial or residential;

(b) To encourage industrial uses to locate on major highways so that traffic generated by these uses will not utilize local residential streets; and

(2) More intensive industrial uses may be provided for by special land approval use procedures.

(B) Permitted uses.

(1) Any of the following uses conducted wholly within a completely enclosed building:

(a) Warehousing and wholesale establishments, and storage buildings (other than those accessory to an adjoining retail use). Mini-warehouses subject to standards in § 154.131;

(b) The compounding, processing, packaging or treatment of such products as: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die, gauge and machine shops;

(c) The manufacture, compounding, assembling or improvement of articles or merchandise from the following previously prepared materials: canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, metals such as iron or aluminum, precious or semi-precious metals or stones, soil, shell, textiles, tobacco, wax, wire, wood or yarns;

(d) The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay or kilns fired only by electricity or gas;

(e) Manufacture of musical instruments, toys, novelties and metal or rubber stamps or other small molded rubber products;

(f) Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs (excluding large stamping);

(g) Laboratories, whether experimental, film or testing;

(h) Manufacture and repair of electronic or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like; and

(i) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which shall conform to the performance standards of the township governing noise, smoke and other factors.

(2) Storage of a contractor’s commercial vehicles and equipment;

(3) Off-street parking and loading as required in § 154.023;

(4) Publicly-owned buildings, utility provider buildings with service yards; water and sewage pumping stations;

(5) Accessory buildings, structures and uses that are customarily incidental to any of the above uses when located on the same premises; and

(6) Accessory signs in accordance with § 154.025.

(1) High-pressure gas or high-voltage (120 kV or greater) electric transmission lines as provided in § 154.099;

(2) Outdoor theaters (except adult motion pictures theaters) as provided in § 154.100;

(3) Motorized vehicle race and horse and dog race tracks as provided in §§ 154.101 and 154.102;

(4) Lumber and building material dealers as provided in § 154.103;

(5) Quarries as provided in § 154.104;

(6) Junkyards, auto salvage or wrecking yards, waste or scrap recycling operations, and refuse transfer stations as provided in § 154.105;

(7) Telephone exchanges and static transformer stations, gas regulator stations and other utility provider buildings as provided in § 154.106;

(8) Personal use aircraft landing fields as provided in § 154.133;

(9) Communication towers as provided in § 154.134;

(10) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which shall conform to the performance standards of the township governing noise, smoke and other factors;

(11) Electric power generating facilities together with all necessary uses;

(12) Any industrial use requiring outdoor storage;

(13) Accessory buildings, structures and uses that are customarily incidental to any of the above uses when located on the same premises; and

(14) Publicly owned and operated parks, and recreational facilities.

(Ord. passed 6-28-2006)

§ 154.063 DISTRICT REGULATIONS.

Schedule of regulations limiting height, bulk, density and area by zoning district:

District	Minimum Lot Size		Minimum Yard Setbacks (B) (per lot in feet)				Maximum Height of Structures (E)		Maximum Lot Coverage	Minimum Floor Area
	Area	Width (in feet)	Front (C)	Minimum Side (D)	Total of Two	Rear	Stories	Feet	By Buildings	Per Unit
RCC - Recreation, Conservation and Cemetery	-	-	-	25	50	50	2	30	-	-
A/R (R)(L) Agricultural/ Residential	2.5 acres	165 (C)	50(C)(L)	20	40	50	2	30(G)	30%	(S)
R-1A (R)(L) Single-Family Residential	12,000 square feet	75 (C)	30(C)(L)	10	20	30	2	30	30%	(S)
R-1B (R)(L) Single-Family Residential	20,000 square feet	100 (C)	35 (C)(L)	15	30	30	2	30	30%	(S)
R-1C (R)(L) Single-Family Residential	2.5 acres	165 (C)	40 (C)	20	40	40	2	30	25%	(S)
R-2 (H)(R)(L) Two-Family Residential	2.5 acres	165 (C)	40 (C)	20	40	50	2	30	30%	(S)
MHR (R) Manufactured Home Residential	-	-	-	-	-	-	2	30	-	-
RM (H)(R) Multi-Family Residential	(I, J)	-	40	25	50	50	2	30	30%	(k)
O Office	15,000 square feet	80	25 (M, Q)	15 (N)	30 (N)	20	2	30	30%	-
GB General Business	-	-	20 (O, P, Q)	(N)	(N)	20	2	30	-	-
I Industrial	-	-	30 (O, P, Q)	15 (P)	30 (P)	30 (P)	2	30	50%	-
Division (B) below contains the regulations referred to in the schedule above
For example, the “(A)” at the end of the schedule’s title corresponds to division (B)(1) below

District regulations. Note: letters shown as footnotes in the chart above correspond with letters of items below.

(A) Conformance. No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the building area, placement and height regulations of the district in which the building is located; and except in conformity with the lot area, width and coverage regulations of the district in which the building is located.

(B) Minimum yard setbacks.

(1) For lots adjacent to a county road or state highway, the yard setbacks shall be measured from the edge of the planned right-of-way for the roads and highways to the building or structure on a lot. In determining the location of the edge of the planned right-of way, the centerline of a planned right-of-way, as set forth in the adopted Township Thoroughfare Plan, shall be considered to coincide with the centerline of the existing thoroughfare.

(2) In the event that no Township Thoroughfare Plan shall have been adopted, the County Thoroughfare Plan or MDOT planned right-of-way. In an instance where the defined existing road right-of-way is less than 66 feet, the front yard setback shall be based on the average front yard setback of the existing structures on the lots adjacent to the subject property.

(D) Side yards. In the case of a rear yard abutting a side yard, or where a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the minimum front yard of the district in which located. See illustration below. Also see division (B)(12) below for possible inclusion in yard averaging.

(E) Permitted height.

(1) No building in any zoning district shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that a structure may exceed the height limits herein prescribed for the following:

(a) Roof structures for the housing of elevators;

(b) Stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building;

(d) Skylights, towers, cupolas, steeples, stage lofts and screens, flagpoles, chimneys, smoke stacks, individual domestic radio and television aerials and wireless masts, water tanks or structures similar in function and appearance to those listed above.

(2) No like structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall the structure have a total area greater than 10% of the total square footage of the top floor or attic, whichever is less; nor shall the structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building.

(3) The erection of commercial radio and television transmitting, relay or other types of antenna towers, where permitted, shall abide by the regulations set forth in § 154.134.

(F) Reserved. This division is reserved for future use.

(G) Height of farm buildings. In the Agricultural/Residential District, silos are permitted to a maximum height of 90 feet and storage barns are permitted to a maximum height of 40 feet.

(H) Single-family dwellings in R-2 or RM Districts and Two-Family Dwellings in RM Districts. Where one and two-family dwelling units are permitted, minimum lot area and minimum lot width shall be determined as follows:

Single-Family Dwellings
Minimum lot width	165 feet
Minimum lot area	2.5 acres
Setbacks, heights, lot coverage and floor area shall comply with the R-1C District requirements

Two-Family Dwellings
Minimum lot width	165 feet
Minimum lot area	2.5 acres
Setbacks, heights, lot coverage and floor area shall comply with the R-2 District requirements

(I) Multiple-family dwelling projects; calculation of maximum number of units.

(1) In multiple-family dwelling projects, the total number of rooms of 80 square feet or more (not including kitchen, dining and bathrooms) shall not be more than the area of the parcel, in square feet, divided by 1,600.

(2) All units shall have at least one living room and one bedroom, except that not more than 10% of the units may be of an efficiency type, and not more than 20% one bedroom units.

(3) In the case of an apartment complex intended specifically for senior citizens or disabled persons, the Planning Commission may allow the 20% limitation on one bedroom apartments to be increased to a maximum of 90%.

(4) For multiple-family dwellings projects, for the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

Efficiency	1 room
One bedroom	2 rooms
Two bedrooms	3 rooms
Three bedrooms	4 rooms

(5) Plans presented showing one-, two- or three-bedroom units and including a den, “library” or other extra room shall count the extra room as a bedroom for the purpose of computing density.

(6) In multiple-family dwelling projects, the area used for computing density shall be the total site area exclusive of any dedicated public right-of-way, either interior or bounding roads.

(J) Multiple-family dwelling projects; calculation of space between buildings.

(1) In multiple-family dwellings projects, front, side or rear yards need not refer to spacing between buildings for a planned development for two or more buildings on the same parcel.

(2) In those cases the minimum distance between any two buildings shall be regulated according to the length and height of the buildings, and in no instance shall this distance be less than 30 feet. (See following formula.)

(3) In multiple-family projects, areas devoted to off-street parking, drives or maneuvering lanes shall not cover more than 30% of the area of any required yard or any required minimum distance between buildings.

(4) In a Multiple-Family District the maximum horizontal length of any one building shall be 180 feet, measured along any single front, side, rear or other exterior wall elevation.

(5) In a Multiple-Family District the formula for regulating the required minimum distance between two buildings is as follows: S = LA + LB + 2(HA + HB)/6, where S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.

(6) LA - Total length of building A. The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.

(7) LB - Total length of building B. The total length of building B is the length of that portion or portions of a wall or walls of building B of which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.

(8) The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

(9) HB = Height of building B. The height of building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

(K) Multiple-family dwelling projects; minimum floor areas. Minimum floor area per dwelling units in square feet for multiple-family dwellings are as follows:

Efficiency unit	500 square feet
One-bedroom unit	600 square feet
Two-bedroom unit	800 square feet
Three-bedroom unit	1,000 square feet
Four-bedroom unit	1,200 square feet

(L) Averaged yard setback.

(1) In a case where the front yards (or respectively rear yards) of two or more existing permitted principal structures, then any principal structure subsequently erected on that side of the street shall not have less than and need not have greater than the average depth of the front yards (or respectively rear yards) of the two or more existing principal structures:

(a) Are located in any block in existence on the effective date of this chapter;

(b) Are within the same zoning district; and

(d) Have less than the required minimum front (or respectively rear) yards.

(2) Averaged side yard: in a case where there is an undeveloped lot of record which has a side yard included within a row of two or more developed front yards (or respectively a row of rear yards), then any principal structure subsequently erected on the lot shall not have an affected side yard with less than and need not have an affected side yard greater than the average depth of the existing developed yards facing on that street.

(M) Business uses; parking in front yard (conditions).

(1) Off-street parking may be permitted to occupy a required front yard after approval of the parking plan layout and points of ingress and egress by the Planning Commission provided that there shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways and the nearest planned right-of-way.

(2) The landscaped area shall conform to the provisions of §§ 154.018 and 154.019.

(N) Business uses; waiver of side yard(s).

(1) The Planning Commission may waive one or both side yard requirements of buildings in the O and GB Districts provided that adequate access to the rear of the property is provided by one of the following manners:

(a) There shall be provided on every lot in an O and GB Districts on which is located a permitted building at least one side yard not less than 20 feet wide for access to the rear yard. If the permanent building is not placed on the property line of the remaining side to allow for a common wall, then a setback of at least three feet is required for maintenance;

(b) A dedicated alley or service aisle or permanent easement of access to the rear of the property is provided; or

(c) An overall master site development plan is presented to the Planning Commission, agreed upon by all affected property owners; which plan includes building elevations for the commercial center, adequate off-street parking and loading area, access to all buildings and the rear of the property for police and fire vehicles.

(2) Side yard requirements for the O and GB Districts shall not be waived if any one of the following conditions exist:

(a) Where side yards are adjacent to a public right-of-way;

(b) Where side yards abut property zoned in a Residential District; or

(O) Industrial uses; parking in yard (conditions).

(1) Off-street parking may be permitted in a portion of the required front yard provided that the off-street parking is not located within 50 feet of the front lot line. Any portion of a required front yard not used for off-street parking shall be planted in lawn, landscaped and maintained in a healthy and growing condition.

(2) Required side or rear yards may be used for off-street parking or loading and unloading provided that in those instances the Planning Commission shall review and approve the proposed parking and site plan to determine that sufficient access to the rear of the building is provided for firefighting or other emergency type equipment.

(P) Industrial uses; additional conditions. For appearance of industrial buildings see § 154.010.

(1) No building shall be located closer than 50 feet to the outer perimeter (property line) of the district when the property line abuts any residential district.

(2) A heavily planted, completely obscuring, year-round greenbelt not less than 20 feet wide, an obscuring wall or a landscaped earth berm (as approved by the Planning Commission) shall be provided on those sides of the property used or planned for open storage, parking or service drives, loading, unloading or servicing, and abutting land zoned A/R, R-1A, R-1B, R-1C, R-2, MHR or RM.

(3) The extent of the greenbelt, wall or berm may be determined by the Planning Commission on the basis of usage. The wall shall not be less than six feet in height and may, depending upon land usage, be required to be eight feet in height. The greenbelt, wall or berm shall be subject further to the requirements of §§ 154.018 and 154.019.

(Q) Commercial and industrial uses; access through residential districts prohibited.

(1) Access to office, commercial or industrial uses shall not be through property zoned A/R, R-1A, R-1B, R-1C, R-2, MHR or RM.

(2) For greenbelt, wall, berm requirements, see § 154.018. For fence and wall requirements, see § 154.017. For off-street parking requirements, see § 154.023.

(R) Accessory buildings, structures and uses.

(1) Buildings accessory to residential dwellings shall comply with § 154.009. Swimming pools shall comply with § 154.027.

(2) Open parking and storage of hobby vehicles shall comply with § 154.028.

(3) Off-street parking shall comply with § 154.023.

(4) Communication towers shall comply with § 154.134.

(5) Wind energy conversion systems shall comply with § 154.132.

(6) Accessory signs shall comply with § 154.025.

(7) Fences and walls shall comply with § 154.017.

(8) Greenbelts, walls and berms shall comply with § 154.018.

(S) Minimum floor areas. Minimum floor areas per unit for single- and two-family dwellings are as follows:

(1) One-bedroom unit: 750 square feet;

(2) Two-bedroom unit: 864 square feet;

(3) Three-bedroom unit: 1,000 square feet; and

(4) Four-bedroom unit: 1,200 square feet, plus 120 square feet for each additional bedroom over four.

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

Burtchville Township
City Zoning Code

ZONING DISTRICTS

AND MAP

§ 154.050 DISTRICTS ESTABLISHED.

For the purpose of this chapter, the township is hereby divided into these districts:

(A) Residential districts:

(1) A/R, Agricultural/Residential District;

(2) R-1A, Single-Family Residential District;

(3) R-1B, Single-Family Residential District;

(4) R-1C, Single-Family Residential District;

(5) R-2, Two-Family Residential District;

(6) MHR, Manufactured Home Residential District; and

(7) RM, Multiple-Family Residential District.

(B) Nonresidential districts:

(1) RCC, Recreation, Conservation and Cemetery District;

(2) O, Office District;

(3) GB, General Business District; and

(4) I, Industrial District.

(Ord. passed 6-28-2006)

§ 154.051 BOUNDARIES SHOWN ON OFFICIAL ZONING MAP.

(B) The official zoning map shall be identified by the signature of the Township Supervisor attested by the Township Clerk, under the following words:

“This is to certify that this is the official zoning map referred to in § 154.051 of the code of the Township of Burtchville: Adopted August 15, 2016.”

“On (date), by official action of the Township Board, the following change(s) were made (brief description with reference number to Board proceedings).”

(Ord. passed 6-28-2006; Res. 2016-08-15.1, passed 8-15-2016)

Cross-reference:

Burtchville Township Zoning Map, see Appendix A

Burtchville Township Zoning Detail, see Appendix B

§ 154.052 DISTRICT BOUNDARIES INTERPRETED.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply.

(A) Boundaries indicated as approximately following the centerlines of streets, highways or alleys, shall be construed to follow the centerlines.

(B) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.

(D) Boundaries indicated as parallel to, or extensions of, features shall be so construed. Distances that are not specifically indicated on the zoning map shall be determined by the scale of the map.

(Ord. passed 6-28-2006)

§ 154.053 DISTRICT REQUIREMENTS.

All buildings and uses in any district shall be subject to the provisions of §§ 154.001 through 154.036 and §§ 154.075 through 154.079.

(Ord. passed 6-28-2006)

§ 154.054 RCC RECREATION, CONSERVATION AND CEMETERY DISTRICT.

(B) Permitted uses. The following uses are permitted in the Recreation, Conservation and Cemetery District:

(1) Publicly owned and operated parks and recreational facilities;

(2) Conservation areas dedicated for public use or access;

(3) Cemeteries;

(4) Accessory uses, buildings and structures customarily incident to the above uses. See § 154.063;

(5) Accessory signs in accordance with § 154.025(C)(3);

(6) Communication towers as provided in § 154.134; and

(7) Uses similar to the above uses.

(Ord. passed 6-28-2006)

§ 154.055 A/R AGRICULTURAL/RESIDENTIAL DISTRICT.

(B) Permitted uses. The following uses are permitted in the Agricultural/Residential District:

(d) Notwithstanding the below table, offspring of the hobby animals may be kept on the premises for the time period that is customary for the species.

(e) A plot plan only (not a full site plan) is required for this use. See § 154.151.

(f) On parcels of five to 6.99, seven to 8.99 or nine to 9.99 acres, the following numbers of hobby animals shall be allowed.

Number of Residential Animals Allowed On
Type of Hobby Animal	5 to 6.99 acres	7 to 8.99 acres	9 to 9.99 acres
Cattle (slaughter and feeder)	2	3	4
Horse	2	3	3
EQUIVALENTS*
Mature dairy cattle (milked or dry)	-	1	2
Swine**	2	5	7
Sheep, lambs, goats	10	20	30
Turkeys	30	60	90
Laying hens	30	60	90
Ducks	5	10	15
Ostrich, emu, lama	2	4	6
*The animal equivalents shown here are based on U.S. Code of Federal Regulations: 40 C.F.R. Appendix B (§ 122.23)
**Each weighing over 25 kilograms, approximately 55 pounds.