Cannon Township City Zoning Code
ARTICLE 3
General Provisions
§ 450-3.01 Required land area.
No parcel of land in common ownership and no yard, parking area or other space shall be so divided, altered, or reduced as to make such area or space of a size less than the minimum size required under this chapter. If already less than the minimum size required under this chapter, such area or space shall not be further divided or reduced.
§ 450-3.02 Principal use per parcel of land.
A lot or parcel shall not be devoted to more than one principal use, or contain more than one principal building, except for groups of buildings consisting of multiple-family dwellings, office and retail buildings and other commercial buildings, and industrial or agricultural buildings, if such uses comply with the zone district provisions and other applicable provisions of this chapter.
§ 450-3.03 Existing nonconforming parcels of record.
In any zoning district, a permitted use may be established on any lawfully nonconforming lot or other parcel of land of record as of the effective date of this chapter, or the effective date of any amendment herein which causes the lot or other parcel of land to be nonconforming, notwithstanding the other requirements of this chapter, subject to the following:
A.
The required minimum front yard setback, the required minimum rear yard building setback and the maximum building height limitation of the zone district shall be complied with.
B.
The required minimum side yard building setback shall be 10% of the width of the existing nonconforming lot, as measured at the front lot line, but in any event, the required minimum side yard building setback shall not be less than five feet.
§ 450-3.04 Front yard building setbacks.
A.
All yards abutting a public street right-of-way or private road easement shall be considered as front yards for building setback purposes, except as stated in Subsection C.
B.
In the case of a corner lot, each of the yards abutting a public street right-of-way or private road easement shall both be considered as front yards for building setback purposes.
C.
In the case of a lakefront parcel of land, the front yard building setback shall be measured from the ordinary high-water mark of the body of water.
§ 450-3.05 Minimum street frontage; lots served by driveways.
A.
A lot or other parcel of land shall have frontage on a public street right-of-way or on a private road easement equal to at least the minimum lot width required in the zone district, except as provided in Subsection B. Farm buildings are exempt from this requirement.
B.
A lot or other parcel of land created after the effective date of this chapter shall have frontage on either a public street right-of-way or private road easement complying with Article 28 of this chapter, and such frontage shall be at least as long in distance as the minimum required lot width in the zone district, except as stated in Subsection C of this section.
C.
A lot or other parcel of land with a principal building or principal structure created after the effective date of this chapter and which does not have any frontage on either a public street right-of-way or private road easement, but is provided access by a driveway or shared driveway complying with § 450-28.11 shall comply with the following requirements:
(1)
The shortest property boundary line of a lot served by a driveway or shared driveway shall be equal to or greater than the minimum lot width required in the zoning district.
(2)
The shortest property boundary shall be treated as the front lot line for purposes of application of setbacks, yards, and other provisions of this chapter. If two or more boundary lines have the same length, the property line first touched by the easement as it extends from the public or private street shall be treated as the front lot line.
(3)
In addition to the front setback required from the front lot line as identified above, the principal building shall be set back from the nearest right-of-way of the easement for the driveway or shared driveway a distance at least equal to the minimum required front setback in the district.
(4)
Farm buildings on existing lots are exempt from these requirements.
(5)
In addition to setbacks as otherwise required by this chapter, a principal building located on a lot which is served or crossed by an easement for a driveway shall be separated from the easement by a distance at least equal to the minimum front setback required for the district in which the property is located.
§ 450-3.06 Minimum lot area; minimum lot width.
A.
Minimum required lot area shall be determined by measuring the entire area within the boundaries of a parcel of land, excluding the area of public street rights-of-way and private road easements.
B.
Lot width is the straight line distance between the side lines of a parcel of land, measured at the front lot line. The front lot line shall be at least as wide as required minimum lot width. Such minimum width shall not be diminished throughout the depth of the lot.
C.
A corner lot shall have two front lot lines, one on each of the adjacent street rights-of-way. Both of the front lot lines shall be at least as wide as the required minimum lot width of the zone district. Such minimum lot width shall not be diminished throughout the depths of the lot that extend back from the two front lot lines. The rear lot line shall be the lot line opposite the primary driveway entrance to the lot. The remaining lot line shall be the side lot line.
D.
In the case of a lot abutting a cul-de-sac street, the minimum required lot width shall be measured at the required minimum front yard building setback line. Cul-de-sac lots shall have a minimum width of 40 feet at the front lot line. For lots in the RR District which have their entire frontage on a cul-de-sac, a minimum lot width of 175 feet shall be achieved at a point within the lot that is no further back than 125 feet from the front lot line, and such minimum lot width shall not be diminished throughout the further depth of the lot.
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§ 450-3.07 Maximum depth-to-width ratio.
A lot or other parcel of land shall have a depth that does not exceed four times its width, except that in a planned unit development (PUD) the PUD ordinance may require that the depth of a lot or other parcel of land shall not exceed three times its width, or up to four times its width.
A.
For purposes of this section, lot width shall be measured at the front lot line, except that for a cul-de-sac lot width shall be measured at the point at which required minimum lot width is first achieved. The depth of a lot shall be measured from the front lot line, except that for a cul-de-sac lot the depth shall be measured from the point at which required minimum lot width is first achieved.
B.
In the case of a lot that has side lot lines of varying lengths, the depth of the lot for purposes of this section shall be the average of the lengths of the side lot lines, as measured from the front lot line (or, for a cul-de-sac lot, as measured from the point at which required minimum lot width is first achieved).
§ 450-3.08 Maximum lot coverage.
[Amended 7-23-2018 by Ord. No. 2018-5Z]
B.
The lot coverage of a lot or parcel of land shall not exceed the following percentages of total lot area for each respective zone district, as follows:
(1)
The RR Rural Residential District: 20%.
(2)
The R-2 Medium Density Residential District and the R-3 High Density Residential District: 30%.
(3)
The R-1 Low Density Residential District, the LR Lakes Residential District, the B-1 Neighborhood Business District, the B-2 General Business District, the I Industrial District and Commercial and Industrial PUD Districts: 40%.
(4)
For residential PUDs, unless the approving ordinance or resolution makes specific lot coverage provisions for that project, maximum lot coverage for each lot or unit shall be as provided for in the residential zoning district with a minimum lot area which most closely corresponds to the area of that lot or unit.
C.
Lot coverage, for purposes of this section, consists of the area of a lot or parcel of land that is covered by the following:
(1)
Lands in the RR, R-2 and R-3 Districts: principal buildings and accessory buildings.
(2)
Lands in the R-1, LR, B-1, B-2, I and Commercial and Industrial PUD Districts: principal buildings; accessory buildings; hard-surfaced driveways, parking areas and other paved and impervious surfaces; sidewalks and hard-surfaced pathways and trails; patios and decks. In these districts, up to an additional 10% of the lot may be covered by a permeable surface designed to allow infiltration of at least 50% of surface runoff during a typical rain event, such as a patio or deck with spaces between deck boards, porous asphalt, pervious concrete, open jointed block pavers, green roof or similar construction.
§ 450-3.09 Building projections.
A.
Certain architectural features, such as cornices, bay windows (or windows without foundations), chimneys (attached to a building), handicap access ramps, and similar features (but not enclosed or unenclosed porches) may project no further than three feet into a required front or rear setback, but may not project into a required side setback.
B.
Eaves and roof overhangs, including gutters, may project up to 24 inches into any required building setback.
§ 450-3.10 Height exceptions.
A.
Farm buildings and related structures such as barns, silos, and grain elevators shall be exempt from height regulations in all districts.
B.
Other buildings and structures shall not exceed the maximum height limitations of the zoning district in which they are located; provided, however, that structures appurtenant to nonresidential buildings, including, but not limited to, parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, elevated water towers, stage towers, scenery lofts, monuments, cupolas, domes, spires, penthouses housing necessary mechanical appurtenances, and HVAC or similar equipment on the roof of the building may exceed the district height limitations if approved by the Planning Commission in site plan review.
§ 450-3.11 Clear vision corners.
A.
Fences shall not be erected or maintained in any district in such a way as to obstruct the vision of vehicle drivers within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines 25 feet from the point of intersection with the right-of-way lines.
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B.
No fence, wall, screen or any planting shall be erected or maintained in such a way as to obstruct vision between a height of three feet and 10 feet within the triangular area formed by the intersection of a street right-of-way line and a driveway and a line connecting two points, one of which is on the right-of-way line and the other of which is on the boundary line of the driveway, with each of such points being 15 feet from the point of intersection of the right-of-way line and the boundary line of the driveway.
§ 450-3.12 Unlawful buildings and uses.
Any building, land use, or parcel of land which has been unlawfully constructed, occupied, or created prior to the date of adoption of this chapter shall continue to be unlawful, unless expressly permitted by this chapter. Such buildings, uses or parcels shall not be lawful nonconforming buildings, land uses or parcels of land under this chapter.
§ 450-3.13 Accessory buildings and structures.
A.
Accessory buildings or garages shall be considered to be part of the main building if structurally and architecturally integrated into the main building, or if attached by an enclosed breezeway or similar architectural device not greater than 10 feet in length.
B.
Residential accessory buildings shall be for the exclusive use of the persons residing in the dwelling on the property, or in the dwelling on adjacent property as permitted in the LR District by Subsection H below.
[Added 11-26-2018 by Ord. No. 2018-7Z]
C.
Detached accessory buildings shall be located not closer to 10 feet to the main building.
D.
The area of accessory buildings shall be included in the maximum permitted lot coverage.
E.
No accessory building or accessory structure shall be located in any front yard, or yard abutting the water on a waterfront lot, unless it is set back at least 200 feet from the front lot line or the ordinary high-water mark, respectively; provided, however, that on waterfront lots in the LR District, an accessory building may be located within the yard abutting the street if all minimum building setback requirements for a principal building are complied with.
F.
Except as provided in Subsection I below, accessory buildings and accessory structures shall meet the minimum side and rear yard setbacks required for principal buildings.
G.
No accessory building or accessory structure shall be constructed or occupied on a lot before the principal building or use on the lot is constructed or occupied; provided, however, in the LR District, one detached accessory building may be located on a lot that has no principal building, in the following circumstances only:
(1)
If the lot is directly across a public street or private road from a lot improved with a dwelling to which the building is accessory; or
(2)
If the lot on which the detached accessory building is located is adjacent to either side lot line of a lot directly across a public or private street from a lot improved with a dwelling to which the building is accessory.
H.
In the circumstances described in this subsection as to accessory buildings in the LR District on lots that have no principal building, not more than one detached accessory building may be located on an unimproved lot across a public or private street, as described above. The lot upon which the accessory building is constructed and the improved lot to which it is accessory shall be held in common ownership. A restrictive covenant confirming such common ownership and prohibiting the separate conveyance of either lot shall be recorded with the Kent County Register of Deeds prior to the issuance of a building permit or installation of any accessory building.
I.
On nonwaterfront lots in the R-1, R-2, R-3 and LR Districts, an accessory building or accessory structure which is equal to or less than 100 square feet in area and equal to or less than 10 feet in height may be located in a rear yard as near as five feet from the side and rear lot lines; provided, however, that if the rear lot line of the parcel of land on which the accessory building or accessory structure is located is also the side lot line of the adjacent parcel, then the accessory building or accessory structure shall be set back the same distance from the rear lot line as the required side yard setback for a principal building.
J.
In the R-1, R-2, R-3, LR and PUD Districts, the total aggregate area of all accessory buildings on a lot or parcel shall be limited in floor area as follows:
(1)
Size of accessory buildings dependent on size of lot area.
Lot Area (square feet) | Permitted Accessory Building Size (square feet) |
|---|---|
30,000 or less | Maximum 576 |
Greater than 30,000 | Maximum 1,200 |
(2)
For lots greater than 30,000 square feet, accessory buildings with an aggregate area larger than 1,200 square feet may be permitted by the Planning Commission as a special land use if the Planning Commission determines there would be no significant adverse effects upon adjacent or nearby lands and if the Planning Commission determines that the area, height and bulk of the accessory building would not seriously compromise the residential character of the lot or adjacent or nearby lands. If an applicant desires to obtain approval for an accessory building with an aggregate area larger than 1,200 square feet in the PUD District, such application can be considered and acted upon as a part of the planned unit development review and approval process, and in such cases an application for the special land use approval shall not be required.
K.
Accessory buildings and structures in planned unit developments shall be subject to the same requirements as in the residential districts, except that Subsection I shall apply only to those lots with a lot area less than 30,000 square feet unless the planned unit development ordinance specifically provides otherwise. Accessory buildings with an aggregate area larger than 1,200 square feet in area may be considered and approved in accordance with Subsection J(2) of this section.
L.
Buildings and structures used in active commercial agricultural operations are not considered accessory buildings and shall not be subject to this section, except that no buildings or structures shall be located within a required yard, and any building greater than 1,200 square feet in area shall be located at least 50 feet from any rear or side lot line.
M.
Swing sets, playground equipment, garden trellises, and similar aboveground yard equipment accessory to a residential use shall be exempt from the provisions of this section, except for height limitations, or unless specific provision is made for such equipment by other Township ordinance; provided, however, that a swing set, playground equipment or similar children's play structure located within a yard abutting the water on a waterfront lot shall be subject to the following:
(1)
A zoning permit shall be required.
(2)
There shall be no portion of the structure that is enclosed for the purpose of storage.
(3)
There shall be no platform or deck that creates a horizontal impervious surface greater than 50 square feet.
(4)
A roof, if any, shall not exceed 20 square feet in area.
(5)
There shall not be any portion of the structure enclosed by walls, other than knee-high walls or railings which shall be no more than 40% opaque and no higher than above grade or above the platform surface than the minimum required by the applicable code for child safety.
(6)
The swing set, playground equipment or similar children's play structure shall be set back at least 20 feet from the water's edge or the ordinary high-water mark, whichever is closer to the principal building, and at least 10 feet from any side lot line. The structure shall be no less than 10 feet from the principal building.
§ 450-3.14 Minimum requirements for dwellings.
All dwelling units located outside of manufactured housing communities shall comply with the following requirements:
A.
All dwelling units shall provide a minimum height between the interior floor and ceiling of 7 1/2 feet or, if a manufactured home, it shall meet the requirements of the United States Department of Housing and Urban Development regulations entitled "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended.[1]
[1]
Editor's Note: See 24 CFR 3280.1 et seq.
B.
The minimum width of any single-family dwelling unit shall be 24 feet for at least 67% of its length, measured between the exterior part of the walls having the greatest length.
C.
All dwellings without basements shall provide a crawl space below the entire floor of the dwelling four feet in depth, with a vapor barrier consisting of two inches of concrete on the floor of the crawl space. The crawl space shall also be provided with adequate drains to drain any accumulation of water in the crawl space. The Building Inspector may allow an alternative building plan to be utilized if consistent with the approved construction code of the Township.
D.
All dwellings shall be firmly attached to the foundation so as to be watertight as required by the construction code[2] adopted by the Township or, if a manufactured home, shall be anchored to the foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction and Safety Standards."[3]
E.
The wheels, pulling mechanism, and tongue of any manufactured home shall be removed prior to placement on a foundation.
F.
All dwellings shall be connected to a sanitary sewer system and water supply system approved by the Township and the County Health Department.
G.
All dwellings shall provide steps or porch areas, permanently attached to the foundation, where there exists an elevation differential of more than one foot between any door and the surrounding grade. All dwellings shall provide a minimum of two points of ingress and egress.
H.
All additions to dwellings shall meet all the requirements of this chapter.
I.
All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang 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 sides of the dwellings. The compatibility of design and appearance shall be determined in the first instance by the Building Inspector upon review of the plans submitted for a particular dwelling. An appeal by an aggrieved party may be taken to the Zoning Board of Appeals. Any determination of compatibility shall be based upon the standards set forth in this section as well as the character, design and appearance of residential dwellings located outside of manufactured home communities within 500 feet of the subject dwelling. 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.
J.
Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan adequate to illustrate compliance with the requirements of this chapter, shall be submitted to the Building Inspector. If the dwelling unit is a manufactured home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to manufactured homes set forth in this section.
K.
All manufactured homes shall meet the standards for manufactured home construction contained in the United States Department of Housing and Urban Development regulations entitled "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended. All other dwellings shall meet the requirements of the construction code adopted by the Township.[4]
L.
A minimum of 100 square feet of enclosed storage space, excluding closets, shall be provided for each dwelling. Said enclosed storage space may consist of a basement, garage, shed or other structure approved by the Zoning Administrator.
§ 450-3.15 Temporary dwellings.
No cabin, garage, basement, tent, recreational vehicle, or other temporary structure shall be used in whole or in part for dwelling purposes in any district; provided a manufactured home may be used as a temporary dwelling for a period not to exceed six months upon application to and approval of a permit for such occupancy by the Zoning Administrator upon determination that the following conditions exist and are met:
A.
The permanent dwelling of the resident applicant has become uninhabitable due to damage caused by fire, wind or other natural calamity or emergency.
B.
Due to undue hardship, the applicant is unable to obtain another dwelling unit as a temporary residence.
C.
The structure is constructed so as to meet the minimum requirements for the health, safety and welfare of the occupants and the surrounding neighborhood.
D.
The temporary dwelling shall be served by sanitary sewer and potable water, approved by the Township and Kent County Health Department.
§ 450-3.16 Illegal dwellings.
The use of any basement for dwelling purposes is prohibited in any zoning district, unless the basement complies with applicable provisions of the Township construction code.[1] Buildings erected as garages or accessory buildings shall not be occupied for dwelling purposes.
§ 450-3.17 Home occupations.
A.
Prior to the establishment of a home occupation, the owner of the property involved and the operator of the proposed home occupation shall sign a letter agreement, in a form provided by the Zoning Administrator, acknowledging that the minimum conditions of this section apply to the proposed home occupation and that all of such conditions will be complied with, and if they are not, the permit for the home occupation will be subject to revocation.
(1)
Upon receiving the signed letter agreement in satisfactory form and content, and if the Zoning Administrator determines that the home occupation would comply with the terms of this chapter, the Administrator shall then issue a home occupation permit, which may include conditions consistent with this section and other applicable provisions of this chapter. If the Administrator determines that the proposed occupation would not comply with this section or that it does not qualify as a home occupation under the terms of this chapter, the Administrator shall deny the home occupation permit, and provide, in writing, the reasons for such denial.
(2)
In the Administrator's discretion, the request for the proposed home occupation may be referred to the Planning Commission for review and decision in accordance with this section and other applicable provisions of this chapter.
B.
The home occupation shall be conducted entirely within the dwelling, with the following exception(s):
(1)
The use may be conducted entirely within a dwelling, garage or accessory building unattached to the dwelling in property zoned in the RR District as long as the use is not prohibited in a planned unit development ordinance, recorded deed restrictions or other similar applicable recorded restrictions upon the parcel.
(2)
Any dwelling, garage or accessory building used in the home occupation shall comply with all other applicable Township ordinances and requirements.
C.
The use shall be conducted entirely within the dwelling, or in a permitted accessory building in the RR District, subject to Subsection B(1) above. It shall be carried on only by the residents of the dwelling and not more than one other person.
D.
The use of the dwelling for a home occupation shall be clearly accessory, incidental and subordinate to the permitted principal residential use, and shall not utilize more than 20% of the floor area of the principal building.
E.
The appearance of the dwelling shall not be altered, nor shall the occupation within the dwelling be conducted in any manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.
F.
There shall be no selling of goods, merchandise, supplies or products, except on an occasional basis, provided that orders previously made by telephone or at a sales event off the premises may be filled on the premises.
G.
No outdoor storage or display shall be permitted.
H.
No combustible, toxic or hazardous materials may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
I.
There shall be no activity that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
J.
Traffic generated by the combined home and home occupation shall be compatible with traffic normally expected in a residential district, and shall in no case be greater than 20 vehicle trips per day (10 in and 10 out).
K.
The parking of motor vehicles resulting from the operation of the home occupation, on the parcel of land where the home occupation is located, shall be limited to not more than one commercial vehicle. Such parking generated by the operation of the home occupation shall be provided for on the driveway of the parcel of land. The driveway shall comply with the minimum size requirements for an off-street parking space stated in § 450-27.06. The parking of motor vehicles resulting from the conducting of the home occupation shall not be permitted on the adjacent street or in any yard of the parcel of land.
L.
There shall be no deliveries from commercial suppliers, other than on an occasional or incidental basis.
M.
No sign identifying the home occupation shall be displayed.
§ 450-3.18 Alterations to grades and site clearance.
A.
The natural grade upon which a building is to be constructed shall not be altered in such a manner as to cause change in existing runoff volume or patterns, excessive sedimentation, or other adverse effects on neighboring properties, bodies of water, or public ways. Any alteration to natural grade in excess of 24 inches shall be subject to review and approval of the Township Building Inspector, in consultation with the Township Engineer and Zoning Administrator as appropriate, to determine whether such adverse effects will result. If maintenance of a specific grade level was expressly required by an approval for a planned unit development, site condominium, subdivision, special land use, site plan, variance or other land use approval, the grade shall not be altered except in compliance with the provisions of this chapter for amendment of such approval.
B.
Grading or clearing vegetation for the purpose of preparing a lot or parcel for building construction shall not be permitted prior to receipt of a building permit for construction of a principal use on the property.
§ 450-3.19 Excavations or holes.
The construction, maintenance, or existence within the Township of any unprotected, unbarricaded, open, or dangerous excavations, holes, pits, or wells, which constitute or are likely to constitute a danger or menace to the public health, safety, or welfare, is hereby prohibited; provided, however, that this section shall not apply to the following:
A.
Any excavation approved under a permit issued by the Building Inspector where such excavations are properly protected and warning signs posted in such manner as approved by the Building Inspector.
C.
Streams, natural bodies of water, ditches, reservoirs, and other bodies of water naturally created or existing by authority of governmental units or agencies.
§ 450-3.20 Keeping of domestic animals.
A.
Ordinary household pets, such as dogs and cats and other animals customarily kept as pets, are permitted in the Township subject to other provisions of this chapter, other Township ordinances, and applicable law.
B.
Livestock such as, but not limited to, horses, cattle, goats, pigs, sheep, llamas and buffalo are permitted in the RR District, on parcels of two acres or more. Horses are permitted in the R-1 District on parcels of 2 1/2 acres or more. On parcels of 10 acres or less in the RR District and the R-1 District, the number of such permitted animals shall not exceed one animal for each acre.
§ 450-3.21 Recreational vehicle parking.
[Amended 11-26-2018 by Ord. No. 2018-7Z]
A.
It shall be unlawful for any person to park or cause to be parked any mobile home or recreational vehicle on any street, alley, highway or other public place in the Township for a period of more than two hours.
B.
No mobile home or recreational vehicle, regardless of where located, shall be used as a dwelling. This shall not prohibit the temporary occupancy for periods of up to 48 hours of a recreational vehicle if the recreational vehicle contains sleeping accommodations, is parked on a lot in a residential district, and is for the use of the owner of that lot or guests of the owner.
C.
All recreational vehicles shall be stored either within a permanent building completely enclosed with walls and door, or outside, no closer to five feet to any side or rear lot line, and, except for watercraft in the LR District, not within the required front setback. In the LR District, watercraft may be stored in the required setback on the lake side of the principal building.
D.
Not more than three recreational vehicles may be stored outside of a permanent building completely enclosed with walls and door, within the outside areas permitted by this section. In the LR District, storage of one additional boat or watercraft is permitted. Multiple recreational vehicles in or on a single trailer are counted as one recreational vehicle for this purpose. Additional unpowered canoes, kayaks or paddleboards may be stored outdoors in permitted locations.
§ 450-3.22 Vehicle repairs in residential districts.
A.
The carrying out of repair, restoration and maintenance procedures or projects on motor vehicles in any residential district, when such work is not conducted entirely within the interior of a building, shall be subject to the following requirements:
(1)
Procedures or projects exceeding 48 hours in duration or which require the vehicle to be immobile or inoperable in excess of 48 hours shall be carried out only within a garage. Only one such period of vehicle repair requiring more than 48 hours shall be permitted within a single thirty-day period.
(2)
Inoperable or unlicensed vehicles and vehicle parts shall be stored inside a building.
B.
It shall be unlawful for the owner, tenant or lessee of any lands within the Township to permit the open storage or parking of any inoperable motor vehicle, machinery or equipment, or parts thereof, outside of an enclosed garage or enclosed building for a period of more than 48 hours unless the registered owner of the vehicle has secured a permit from the Zoning Administrator to extend the period for up to one additional week. An inoperable motor vehicle for purposes of this subsection shall include a motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power, or which is not permitted to be operated on the streets and highways because of noncompliance with the Michigan Motor Vehicle Code,[1] or because the vehicle is not currently licensed or registered, as required for operation by the Motor Vehicle Code.
[1]
Editor's Note: See MCL 257.1 et seq.
C.
It shall be unlawful for the owner, tenant or lessee of any lot in a residential district to permit the open storage or parking outside of a building of semitruck tractors and/or semitruck trailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked solely for purpose of construction being conducted on that lot.
D.
In the RR District it shall be unlawful for the owner, tenant or lessee of any lot to permit the open storage or parking outside of a building of semitruck tractors and/or semitruck trailers for more than 20 days of any thirty-day period. Such vehicles shall be parked so as to not block the vision of drivers on or entering any adjacent street.
§ 450-3.23 Essential service equipment.
The installation and maintenance of essential service equipment is permitted in all zone districts.
§ 450-3.24 Health Department approval.
A.
No permit shall be issued for the construction of a building or structure which is to have drinking water and/or sanitary facilities located therein and which is to be located on a lot which is not served by both public water and sewer facilities if its water and/or sewage disposal facilities, as the case may be, does not comply with the rules and regulations of the State and County Health Departments governing waste and sewage disposal.
B.
No permit shall be issued for the construction of a building with sanitary facilities and not served by public sewer, unless there has been obtained from the County Health Department and submitted to the Township a permit for two separate locations for private drain field or other private sewage disposal facility on such lot or parcel.
C.
No building or structure shall be erected, constructed or placed on any designated location for a private drain field or other private sewage disposal facility.
§ 450-3.25 Lake and waterfront regulations.
Lots abutting or containing a lake, river or stream shall comply with the following regulations:
A.
The lot width on the street side shall be the minimum width required for the zoning district in which the lot is located.
B.
A lot shall be a minimum of 70 feet wide, measured at the ordinary high-water mark between the side lot lines, except for lots in the LR District that were legally established on or prior to January 8, 1996.
C.
Waterfront lots shall have the front yard on the water side and the rear yard on the street side. The front yard on the water side shall be the area between the ordinary high-water mark and the nearest wall of the principal building. The rear yard on the street side shall be the area between the street right-of-way line and the nearest wall of the principal or accessory building.
§ 450-3.26 Boat docks and shoreland protection.
A.
The purpose of this section is to encourage, protect, and preserve the use of lakes and streams for recreational activities, such as boating, fishing, and swimming; to prevent overuse, overcrowding, and misuse of these water resources; to protect and preserve the quality of these waters from pollution and to otherwise protect the health, safety, and welfare of persons using these lakes and streams.
B.
This section is subject to the provisions of Chapter 126, Boat Launching and Docking, of the Code of the Township of Cannon, to the extent that such chapter pertains to lakes. If any provision of this section is contrary to or inconsistent with those provisions of Chapter 126, Boat Launching and Docking, with respect to lakes, the latter chapter shall control.
D.
No dock for boat use shall be located, utilized or placed within seven feet of the side lot lines of a lot or parcel as extended to the center of the lake or body of water, except that off-shore marine storage devices may be located within two feet of a side lot line as so extended to the center of the lake or body of water. No watercraft shall be launched, stored, moored or docked within two feet of the side lot lines of a property as extended to the center of the lake or body of water, except certain common docks as described and regulated in § 126-23 of Chapter 126, Boat Launching and Docking.
E.
In all zoning districts there shall be at least 70 feet of lake frontage, as measured along the ordinary high-water mark of the lake, for each dwelling unit, single-family dwelling, cottage, condominium unit, site condominium unit, or apartment unit utilizing or accessing the lake frontage. This restriction shall apply to all lots and parcels on or abutting any lake in any zoning district, regardless of whether access to the lake shall be by easement, park, common-fee ownership, single-fee ownership, condominium arrangement, license or lease. This paragraph shall not apply, however, to Lake Bella Vista or North Lake Bella Vista, in that the current use of those lakes attributable to nonfrontage lands is considered a lawful nonconforming use under the terms of this chapter.
§ 450-3.27 Fences.
A.
Fences in any residential district shall not exceed six feet in height, measured from the natural grade at the base of the fence to the top of the fence.
B.
Fences erected within the required front yard in any residential district, except the LR District, shall not exceed four feet in height. This shall apply to each front yard of a corner lot.
C.
In the LR District, a fence up to four feet in height may be erected within the required rear yard on the street side. Within the front yard (water side), no fence shall be erected within 20 feet of the ordinary high-water mark and no fence in the remaining required front (water side) yard shall exceed a height of three feet.
D.
Fences shall not be erected within any public street right-of-way or private road easement.
E.
In the residential districts, if both sides of the fence are not identical, the finished side shall face the adjoining properties.
F.
Chain-link fences shall not be erected in any front yard within a residential district, unless for the purpose of enclosing a retention or detention pond that has been approved by the Planning Commission.
G.
No barbed wire or aboveground electrified fence shall be located in any residential district, except for the purpose of enclosing crops, orchards, pastures, or similar land included in a bona fide farm.
H.
A non-sight-obscuring security fence up to eight feet high may be permitted around the perimeter of an essential public service building, essential public service storage yard, towers, and outdoor storage areas in the B-2 General Business District or the I Industrial District. The security fence may include a maximum of one additional foot of barbed wire.
§ 450-3.28 Flagpoles.
One flagpole, not exceeding a height of 35 feet above average grade, may be erected per lot or parcel. The flagpole shall be set back at least 20 feet from all property lines. For flagpoles on nonresidential property, all flags, ropes, or other devices and accessories related thereto shall be fastened only to the flagpole; no part of any flag, rope, or other flagpole device or accessory shall be fastened to the ground or a building or any place other than the flagpole itself.
§ 450-3.29 Small antennas and towers.
Freestanding radio, television or microwave antennas or towers (including satellite dish antennas) are permitted in all zoning districts, provided the following provisions are satisfied, unless specifically exempted. Conventional VHF and UHF television antennas and satellite dishes less than one meter in diameter shall be exempt from the regulations of this section, provided the equipment is not located in the front yard or on any portion of the building facing the front lot line.
A.
No freestanding antenna shall exceed a height of 30 feet above grade, or have any dimension exceeding 30 feet, including its mounting structure, except that freestanding antennas or towers exceeding such height or other dimension may be permitted by the Planning Commission as a special land use under Article 23.
B.
No portion of an antenna or tower shall display any name, symbol, words, letters, advertising message, graphic representation or other written or pictorial matter visible from adjacent or nearby lands.
C.
All antennas and towers shall be permanently secured to a stable foundation.
D.
An antenna or tower shall be located only in the rear yard or the side yard and shall not be closer to a property line than its height or the depth of the required rear or side yard setback, whichever is the greater.
E.
For purposes of determining whether a proposed antenna or tower complies with the setback requirements of a district, the dimensions of the entire lot or parcel of land shall control, even though the antenna or tower may be located on leased parcels within such lot or parcel.
(1)
If an antenna or tower is to be placed on a vacant lot or parcel, the location and setbacks of the antenna or tower shall be determined by the Zoning Administrator.
(2)
Lots or parcels on which an antenna or tower is the principal use need not satisfy the minimum street frontage or the minimum lot area requirements of this chapter.
F.
An antenna or tower may be mounted on the roof of a principal or accessory building, provided it shall not exceed a height of 10 feet, as measured from the roof at the base of the antenna or tower.
G.
All antennas and towers must be grounded to protect against damage from lightning.
H.
An antenna or tower shall not be so located or constructed as to have a serious adverse effect on adjacent or nearby land uses.
I.
An antenna or tower shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other state or federal authority having jurisdiction over the antenna or tower. If lighting is required, the lighting as installed shall cause only the least possible disturbance to surrounding land uses and shall not exceed FAA minimum standards.
J.
Antennas and towers for commercial communications services, including cellular telephone antennas and towers, shall be approved only as special land uses under the terms of Article 23, Special Land Uses.
K.
The provisions of this section shall apply to towers and antennas owned and operated by a federally licensed amateur operator and used solely for amateur radio communications purposes, but shall not be applied so as to preclude the construction and operation of an antenna or tower for amateur radio communications purposes. If the provisions of this section prohibit the construction of a particular amateur radio communications antenna or tower, then the Township shall seek to reasonably accommodate the proposed operator's desire to conduct amateur radio communications by considering other feasible designs, locations, methods of accessing repeater systems or the use of existing structures as an alternative to the operator's desired amateur radio communications antenna or tower.
§ 450-3.30 Wind energy conversion systems.
A.
Purpose. A wind energy conversion system (WECS) shall be permitted only in accordance with the provisions of this section.
B. ON-SITE SERVICE WECS WECS HEIGHT WIND ENERGY CONVERSION SYSTEM (WECS)(1) (2) (3) (4) (5)
Definitions. The following words and phrases in this section shall have the meanings stated respectively below.
A single WECS placed upon a lot or parcel with the intent to service the energy needs of only the structures and uses on the same lot or parcel.
The distance between the ground (at normal grade) and the highest point of a WECS, as measured from the ground (at normal grade) to the highest point of the WECS (being the tip of the blade, when the blade is in the full vertical position).
The equipment, structures, land area and other components designed and operated for the purpose of converting wind energy into electrical energy and consisting of the following:
A surface area (typically a blade, rotor, or similar device), either variable or fixed, for utilizing the wind for electrical power;
A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device;
The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy, housed in a nacelle;
The tower, pylon, building mount or other structure upon which any, all, or some combination of the above are mounted; and
Other components not listed above but associated with the normal construction, operation, and maintenance of a WECS.
C.
On-site service WECS general requirements.
(1)
An on-site service WECS shall be permitted in the RR Rural Residential/Agriculture District, the B-1 Neighborhood Business District, the B-2 General Business District and the I Industrial District, subject to the requirements of this section.
(3)
The wind rating of the WECS turbine shall not be greater than 50 kwh.
(4)
The WECS shall provide energy only to the property where the tower is located and must be owned by the owner of the property upon which the WECS is placed.
(5)
No sound attributed to the WECS in excess of 55 dB(A) shall be discernible at the property line.
(6)
There shall be no signs on the WECS other than the name of the manufacturer, which may be affixed only to the nacelle.
(7)
The WECS shall be painted in a neutral color, such as gray or light blue, to blend into the background.
(8)
Each WECS shall also comply with all applicable federal, State of Michigan, and county requirements, in addition to Township ordinances.
(9)
A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned.
(10)
A WECS shall not be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna for radio, television or wireless telephone or personal communications systems would produce electromagnetic interference with signal transmission or reception.
D.
Ground-mounted on-site service WECS.
(1)
Lots accommodating a WECS in the RR Rural Residential/Agriculture District and the B-1 Neighborhood Business District and the B-2 General Business District shall be a minimum two acres if the WECS height does not exceed 60 feet, and five acres if the WECS height exceeds 60 feet.
(2)
In the I Industrial District, the minimum lot area shall be one acre.
(3)
The diameter of the rotor shall not be greater than 50 feet.
(4)
The WECS height shall not exceed 130 feet.
(5)
The minimum rotor blade tip clearance from grade shall be 20 feet.
(6)
The tower used to support a WECS shall be adequately anchored, as certified by an engineer.
(7)
The setback for placement of a WECS shall be at least equal to 1.5 times the WECS height. No part of a single WECS (including guy wire anchors) shall be located within or above any required setback.
E.
Building-mounted on-site service WECS.
(1)
Minimum lot area shall be one acre.
(2)
The diameter of the rotor shall not exceed 20 feet.
(3)
The WECS height shall not exceed the maximum height for principal buildings in the zone district, plus 25 feet.
(4)
The WECS shall be set back from adjoining property lines a distance equal to 1.5 times the height of the WECS. The setback shall be measured from the property line to the closest extension of the rotor when horizontal and perpendicular to the property line.
§ 450-3.31 Glare, noise and other nuisances.
Every land use shall be so conducted and operated that it does not create a nuisance and so that it does not result in serious adverse effects on other lands and uses by reason of heat, light, glare, fumes, dust, odor, noise, vibration or other adverse effects.
§ 450-3.32 Trash, litter and junk.
It shall be unlawful for any person to accumulate, place, store, or allow or permit the accumulation, placement or storage of trash, litter or junk on premises in the Township, except in a lawful sanitary landfill, a lawful junkyard, or not to exceed eight days storage in watertight storage receptacles designed for the temporary accumulation of trash. Waste receptacles shall not be left unattended in the front yard (or on the street side of a lakefront lot) longer than a period of 48 hours, unless they are kept or enclosed in a permanent receptacle designed to prevent disturbance of such receptacles by animals or severe weather conditions.
§ 450-3.33 Septic tank pumping.
As a condition of approval of land development, the Township may require that on-site septic systems be pumped at a regular interval for the purpose of preservation of ground and surface water, and promotion of public health and welfare.
A.
If pumping of septic tanks is required, they shall be pumped every four years, except as stated in Subsection C.
B.
Such septic tank pumping, if required, shall apply to all land developments, including planned unit developments, cluster developments, site condominiums, subdivisions, special land uses, and land uses approved by site plan review.
C.
In those situations in which septic tank pumping is a condition of approval, the approving body may require an interval different from four years, based upon conditions in the area and upon an express finding which specifically overrides the uniform septic tank pumping interval specified in this section.
§ 450-3.34 Accessory dwelling units.
A.
An accessory dwelling unit is an attached or detached dwelling that is subordinate to a principal use consisting of a single-family detached dwelling located on the same lot or parcel as the accessory dwelling unit. The dwelling unit may contain sleeping quarters, a bathroom, living area and a kitchen.
B.
An accessory dwelling unit may be located only in the RR District. Only one such dwelling unit shall be permitted on a parcel of land. The dwelling unit shall not have an address separate from that of the principal dwelling on the property.
C.
An accessory dwelling unit shall be used only for a residential use that is accessory to the principal dwelling on the parcel, such as a dwelling for guests of the residents of the principal dwelling, a dwelling unit for an elderly family member or for other residential accessory use.
D.
An accessory dwelling unit shall be permitted only on a lot or parcel with an area of at least four acres. It shall comply with all setback requirements applicable to a principal dwelling.
E.
The accessory dwelling unit shall be at least 500 square feet in area; but no larger than 35% of the usable floor area of the principal dwelling or 1,500 square feet, whichever is less. Space within a garage which is in the same building as the accessory building shall not be counted against the maximum area limitation for an accessory dwelling unit.
F.
The accessory dwelling unit, if attached, shall be designed as an independent housekeeping unit that can be isolated from the principal dwelling space.
G.
Approval of on-site septic and well systems by the Kent County Health Department shall be required. The accessory dwelling unit shall not have a separate mailing address, or, except as provided below, separate meters for public utilities, such as electric and gas. Separate meters for public utilities may be permitted by the Planning Commission, or by the Zoning Administrator after approval of the request, if separate metering is required by code, ordinance, or policy of the utility. If separate meters are provided, the owner shall be the customer and responsible party for both billings.
H.
At least one parking space shall be provided for the accessory dwelling unit, and vehicular access shall be from the driveway serving the principal dwelling.
I.
A detached accessory dwelling unit shall meet all requirements of § 450-3.14; provided, however, that the minimum width may be reduced to 20 feet for 67% of its length.
J.
The accessory dwelling unit shall have a residential appearance consistent with the design and the exterior materials of the principal dwelling.
K.
The applicant and property owner shall prepare a restrictive covenant or another legal instrument, subject to the approval of the Zoning Administrator, whereby the use of the accessory dwelling unit shall be limited as stated in this section. The instrument shall be recorded with the county register of deeds. The instrument shall include substantially the following:
(1)
A statement that the principal dwelling and the accessory dwelling unit shall remain in the same ownership.
(2)
A statement that the accessory dwelling unit shall not be used as a rental dwelling or for other commercial purpose.
(3)
Other restrictions may be required by the Zoning Administrator to be included in the restrictive covenant or similar instrument, consistent with the provisions hereof.
§ 450-3.35 Accessory building in absence of principal building.
If a principal dwelling or other principal building is demolished and removed, or, if in the case of an approved land division, a former accessory building remains on the parcel of land, in the absence of a principal building, the Zoning Administrator may permit the former accessory building to remain on the land temporarily, during the period of construction of a new dwelling or other new principal building, upon the condition that the property owner deposits into a Township escrow account that sum of money estimated by the Township Building Official to fund the cost of demolition of the former accessory building, in the event that a new principal dwelling or other new principal building is not constructed and completed and approved for occupancy by the date specified in an escrow agreement to be signed by the property owner, in a form and content satisfactory to the Township. The escrow agreement shall also grant to the Township and to its agents and contractors the right to enter the land, and demolish and remove the former accessory building if the conditions of the escrow agreement have not been satisfied, including the timely construction of a new dwelling or other new principal building as stated above.