(a)

Intent. It is the intent of this chapter to permit the lawful use of a dwelling, building, or structure and of land or a premise as existing and lawful at the time of enactment of the ordinance from which this chapter is derived, or of amendments to this chapter, although the use does not conform with the chapter or amendment. However, it is hereby declared that nonconformance with the provisions of this chapter is not in the township's best interest and should be discontinued as circumstances permit. Any nonconforming building structure or use may be expanded, changed, repaired or reconstructed only as prescribed by this section.

(b)

Historic properties. Any nonconforming property in Carrollton Township that is listed on the state or national register of historic places is specifically excluded from any requirement of this section, which would damage the historic character of the property. It is the zoning administrator's duty to request an up to date listing of any properties in the township that may be so listed from the state's historic preservation officer.

(c)

Legality of nonconformities. Nonconformities will be classified as "legal" or "illegal" based upon the following guidelines. Regulation of nonconformities will vary based on their legality.

(1)

Illegal nonconformities. Illegal nonconformities are presumed to have existed before the adoption of zoning regulations in Carrollton Township. A property that has been developed in conflict with zoning regulations through oversight, error, or violation of conditions of a zoning permit is a violation of this chapter, and is subject to enforcement action.

(2)

Unacceptable nonconforming use. Upon notice to the permit holder of any violation of the conditions of a special use permit, the activity allowed by said permit shall be treated as an unacceptable nonconforming use until conformance with the special use permit conditions is restored.

(3)

Legal nonconforming parcels, buildings, structures or uses. Nonconforming parcels, buildings, structures or uses will be considered to be legal nonconformities if they meet all applicable criteria listed in the following subsections (a) through (d) of this section.

a.

Prior existence. The nonconformity existed before the effective date of the ordinance from which this chapter is derived. A parcel must have been a lot of record before said date.

b.

Standards. The use, parcel, building or structure meets any of the following standards:

1.

Prior compliance. It complied with the requirements of any previous zoning chapter.

2.

Prior permit. It was permitted by a variance or special use permit under any previous zoning chapter.

3.

Prior recognition. It was previously recognized as a "legal nonconforming use."

4.

Government action. (Applies to nonconforming setback or lot size only.) The nonconformity resulted from land acquisition by a government agency, such as for a right-of-way.

5.

Compliance with supplementary regulations. The parcel, building or use is in full compliance with all supplementary regulations of this chapter.

(d)

Elimination of nonconforming uses.

(1)

Acquired properties with nonconforming buildings.

a.

In accordance with the applicable state and local missive legislation, the township through its agents may acquire properties on which nonconforming buildings or uses are located, by condemnation or other means, and may remove such uses or structures.

b.

The resultant property may be leased or sold for a conforming use or may be used by the township for a public use. The net cost of such acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.

(2)

Discontinued nonconforming use.

a.

Whenever a nonconforming use has been discontinued for six consecutive months, or for 18 months, during any three-year period, such discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming use.

b.

At the end of this period of abandonment, the nonconforming use shall not be reestablished, and any future use shall be in conformity with the provisions of this chapter.

(e)

Nonconforming uses of land. The nonconforming uses of land existing at the effective date of the ordinance from which this chapter is derived where no building is located may be continued, provided dimensional requirements are complied with, and further provided that no buildings are to be constructed after the effective date of the ordinance from which this chapter is derived, except that will conform to district requirements within which use is located, and further provided all other pertinent requirements of section 66-88 are complied with.

(f)

Nonconforming lot sizes. Development of land uses in any district may be erected on any single lot of record at the effective date of adoption of the ordinance from which this chapter was derived. This provision shall apply even though such lot fails to meet the requirements for area or width or both. The zoning administration may grant variances in yard requirements for such lots without zoning board of appeals action as follows:

(1)

Environmental, agricultural and manufacturing districts. Environmental, agricultural and manufacturing districts: No variance.

(2)

Residential districts. Residential districts: A minimum side yard of six feet on one side providing the total of both yards shall not be less than 18 feet; except in the case of an attached garage, the minimum total side yards shall not be less than 12 feet.

(3)

Business districts. Business districts: A total side yard of ten feet with no minimum side yard for any one side providing it abuts a business or manufacturing district.

(g)

Nonconforming signs.

(1)

Nonconforming but in compliance with previous regulations. Signs existing at the time of the enactment of the ordinance from which this chapter is derived and not conforming to its provisions, but which were constructed in compliance with previous regulations shall be regarded as nonconforming signs which may be continued if properly repaired and maintained as provided in this Code and continue to be in conformance with other chapters of this municipality.

(2)

Altered, relocated or replaced nonconforming signs. Nonconforming signs that are structurally altered, relocated, or replaced shall comply immediately with all provisions of this Code.

(h)

Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion, or act of God, or any other causes may be restored, rebuilt, or repaired, provided that such restoration does not exceed its state equalized assessed value as determined by the assessing officer, exclusive of foundations, and provided that said use is the same as or more nearly conforms with the provisions of the district in which it is located.

(i)

Repair of nonconforming buildings. Nothing in this chapter shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, and wear, provided that such repair does not exceed an aggregate cost thereby increasing the assessed value by more than 30 percent as determined by the assessing officer unless the subject building is changed by such repair to a conforming use.

(j)

Changing uses.

(1)

One nonconforming use to another nonconforming use. If no structural alterations are made, the board of appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which is being replaced.

(2)

Nonconforming use to a more nearly conforming use or to a conforming use. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not revert or be changed back to a nonconforming or less conforming use.

(k)

Prior construction approval. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of the ordinance from which this chapter is derived provided that construction is commenced within 30 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the building permit.

(l)

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

(m)

Regulation of nonconformities.

(1)

Table. The following table prescribes actions to address several situations for various types of nonconformities. Any required building or zoning permit may be issued only as provided therein.

(2)

Interpretation. If any situation is not addressed by said table, or for any question concerning its interpretation, the zoning board of appeals shall interpret the table.

REGULATION OF NONCONFORMITIES TABLE

Determine situation (Columns), and type of Nonconformity (Rows). The point where these meet lists action to take.

(Ord. of 5-30-2000, § 401)

State Law reference— Nonconforming uses or structures, MCL 125.3208.

(a)

Access to a street. Any lot of record created after the effective date of this chapter shall have frontage on a public street, except as may be approve as a planned unit development in accordance with the provisions of this chapter or the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), or any local subdivision chapter. The minimum width of this frontage shall be identical to the minimum lot width for each of the districts except that the zoning administrator may permit an absolute minimum for 40 feet of frontage on a cul-de-sac or planned unit development providing the front building line has the required frontage.

(1)

For lots abutting Tittabawassee Road, all access must conform to the Tittabawassee Road Access Control Ordinance.

(2)

Lots created after the effective date of this chapter shall also conform to the minimum lot area requirements for the zoning district in which the lot is located.

(b)

Garage/yard sales. See chapter 38, article II.

(c)

Heavy vehicles. No parking area shall be used for parking or storing of any commercial vehicle exceeding one ton capacity in a residential district.

(d)

Parking of recreational equipment. Parking and storing of licensed recreational equipment in the A-1, R-1, R-2, or R-3 zoning districts outside an enclosed structure, including travel trailers, motor homes, campers, boats, snowmobiles, jet skis on trailers, utility trailers and similar recreational equipment is prohibited within the required yard areas in the above zoning district, with the following exceptions:

(1)

Recreational vehicles are not permitted to be stored, however, recreational vehicles or equipment would be permitted in the side yard and front yard area extending beyond the building line for periods not to exceed seven consecutive days, whereupon said vehicle shall be completely removed from the property for a minimum of eight hours, provided they are parked on an approved surface limited to asphalt, concrete, limestone aggregate or permeable pavers provided that there is adequate ingress and egress available or potentially available as either public or private right away.

(2)

In the rear yards, in which this equipment may be stored or parked at least five feet from any property line.

(3)

A total of three but not more than one of each of the above units may be stored or parked outside. All units must be locked or secured at all times while stored or parked to prevent injury to any person or property.

(4)

None of the units or any recreational equipment parked or stored outside shall be connected to electricity, water, gas or sanitary facilities to be used for living or lodging purposes.

(e)

Outside storage. No outside storage is allowed in the B-1 or B-2 districts. Outside storage is allowed in the B-3 district provided it is not visible from any adjacent properties as a result of any completely opaque screening.

(f)

Rubbish. Storage or accumulation of junk, debris, litter or other rubbish is prohibited on any parcel other than a licensed junkyard, recycling center or sanitary landfill.

(g)

Space used once. Any yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall not again be used as a yard or other required open space for another building or structure except where one is to be demolished upon completion of the other.

(h)

Vehicles for sale. No more than one licensed motor vehicle may be offered for sale on any parcel used for dwelling purposes, and the address appearing on said vehicle's registration must be that of said dwelling.

(i)

Vehicle parked on commercial or industrial parcel. Any vehicle owned or operated by a business, other than the inventory of a new or used vehicle sales business, which is parked on a parcel in any B or M zoning district between 1:00 a.m. and 6:00 a.m. must comply with the setbacks for accessory structures in said district.

(j)

Wild or ferocious animals. Wild, ferocious or undomesticated and untamed animals may not be confined on any parcel, except under the care or custody of a circus, zoo, menagerie, veterinary clinic, or laboratory licensed to operate in the township. The zoning administrator shall coordinate enforcement of this subsection with the county department of animal control.

(Ord. of 5-30-2000, § 402; Ord. No. 2003-01Z, § I, 2-3-2003; Ord. No. 2015-04, § I, 6-8-2015; Ord. No. 2015-11, § I, 8-31-2015)

(a)

Accessory building not for dwelling use. No portion of any accessory building in any zoning district is to be used as a dwelling.

(b)

Auto repair. Repair of vehicles not owned by a resident of the parcel on which such activity takes place is expressly prohibited in any A or R zoning district.

(c)

Dimensions. All single-family dwellings, except mobile homes located in mobile home parks, must have a minimum width across any front, side or rear elevation of 20 feet and comply in all respects with the township building code.

(d)

Exterior doors. Every single-family dwelling must have exterior doors on not less than two sides with steps and porches connected to said doors where required due to a difference in elevation.

(e)

Foundation. All single-family dwellings, except mobile homes located in mobile home parks, must be firmly attached to a permanent foundation meeting the township building code requirements for permanent dwellings, the walls of which must have the same perimeter dimensions as the dwelling.

(f)

Maintenance. A dwelling must be properly maintained and protected against deterioration and damage from the elements or the passage of time by prompt and necessary repairs as determined by the building official.

(g)

One dwelling per lot. Only one single-family detached dwelling will be allowed to be erected on a lot except as may be approved within a planned unit development, including condominiums.

(h)

Prior building permits. Any building permit issued prior to the effective date of the ordinance from which this chapter is derived shall be valid, even though not conforming to the provisions of this chapter, provided that construction is commenced within 90 days after the date of permit issuance and that the entire building shall be completed according to the plans filed with the permit application within one year after the issuance of the building permit.

(i)

Rear dwelling prohibited. No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchmen, caretakers, and domestic employees whose employment functions are related to the function of the principal building; provided that all other requirements of this chapter are satisfied.

(j)

Roof. The eaves of any roof for a single- or two-family dwelling must project no less than six inches beyond the walls.

(k)

Structures to be of uniform quality. Any additions, rooms or other areas of a dwelling must be constructed using workmanship and materials of equal or better quality than the original structure. Such additions, rooms or other areas must be permanently attached to the original structure and must be supported by a foundation as required herein.

(Ord. of 5-30-2000, § 403)

(a)

Permitted yard encroachments.

(1)

Paved terraces, patios and uncovered porches. Paved terraces, patios and uncovered porches shall not be subject to yard requirements, provided:

a.

The paved area is unroofed and without walls or other forms of solid continuous enclosure that link the paved area to the principal structure.

b.

The highest finished elevation of the paved area is not over three feet above the average surrounding finished grade area.

c.

No portion of any paved area is closer than five feet from any side or rear lot line. Paved area may project into a required front yard for a distance not exceeding ten feet.

(2)

Unenclosed porches. Unenclosed porches, roofed or unroofed, may project into a required side or rear yard area but must meet setback requirements for accessory structures and provided:

a.

The porch is unenclosed and no higher than one story and is erected on supporting piers.

b.

The porch shall not be closer than six feet to any side or rear lot line.

c.

The porch may have a roof.

(3)

Enclosed porches. Enclosed porches shall be considered an integral part of the building and shall be subject to all yard and area dimensional requirements established for principal buildings.

(4)

Special structural elements. Special structural elements such as cornices, sills, chimneys, gutters, and similar structural features may project into any yard up to a maximum of 2½ feet.

(5)

Fire escapes, outside stairways and balconies. Fire escapes, outside stairways and balconies, if of open construction, may project into yard areas up to a maximum of five feet.

(6)

Signs. Signs may encroach into yard areas but no sign or portion thereof shall be closer to any lot line or street right-of-way than ten feet.

(7)

Ponds. Ponds greater than two acres must be 200 feet from all property lines.

(b)

Yard exceptions. Building set back lines shall be measured from a point 33 feet from the center of the adjacent road or from the property line, whichever is greater, except, in cases involving the following streets, the building setback line on any properties abutting these streets shall be measured from a point the number of feet from the center of the road indicated below or from the property line, whichever is greater.

Within 200 feet of the intersection of any of the above roads an additional 15 feet allowance for rights-of-way shall be maintained.

(Ord. of 5-30-2000, § 404)

No exceptions are permitted to exceed the height limitation imposed by the Tri-City Joint Airport Zoning Ordinance. The following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized uses:

(1)

Ornamental in purpose, such as church steeples, belfries, cupolas, domes, ornamental towers and flag poles; provided that such structural elements do not exceed 20 percent of the gross roof area.

(2)

Appurtenances to mechanical or structural functions, such as elevator and stairwell penthouses, ventilators, heating or air conditioning equipment, water storage tanks, chimneys, smokestacks, and safety equipment are permitted to a maximum height of 55 feet in the B-1, B-2 and B-3 zoning districts, 60 feet in M-1, and 85 feet in M-2.

(3)

Antennas or flagpoles which are accessory to any residential uses are permitted to a maximum height of 45 feet or 15 feet above the peak of any roof on the parcel, whichever is greater, in any A or R zoning district. They must be set back from any adjoining property lines a distance equal to their height.

(4)

Flagpoles in any B or M zoning district may have a maximum height of 60 feet.

(Ord. of 5-30-2000, § 405)

(a)

Use exceptions. Nothing in the chapter shall be construed to prohibit the following accessory or incidental uses.

(1)

Essential services as defined, section 66-32.

(2)

Garden, garden ornaments and usual landscaped features within required yard space.

(3)

Fences within required yard space provided the standards cited in section 66-95 are met.

(4)

Retaining walls and public playgrounds.

(5)

Storage sheds and playhouses accessory to any residential use.

(6)

Swimming pools.

(7)

Portable storage containers.

a.

One portable storage container may be placed on a parcel, without an active building permit, subject to the following conditions and limitations:

1.

The portable storage container shall not exceed 160 square feet in area and ten feet in height.

2.

All portable storage containers must maintain setbacks listed in Section 66-57 - District regulations tables.

3.

The use of a portable storage container is permitted for not more than thirty days for all properties without an active building permit.

4.

Signage on portable storage containers shall be limited to the name and address of the storage unit rental company.

b.

One portable storage container may be placed on a parcel, with an active building permit, subject to the following conditions and limitations:

1.

When a building permit has been issued for work on a parcel, portable storage containers may be placed in the yard area meeting the setback requirements for accessory buildings. Portable storage containers must be removed if any occupancy permit is issued.

2.

The building inspector may authorize additional time to utilize portable storage containers based upon reasonable storage needs and construction progress, but in no case shall the building inspector allow such storage containers for more than an additional four months in residential, agricultural and environmental zoning districts. In all other zoning districts, the building inspector may authorize the use of such storage containers for the life of a building permit as long as progress is being documented and a valid building permit is secured. In no case shall storage containers be allowed in any zoning district for longer than two years with an active building permit.

(8)

Special use exception. See exception for off-site accessory buildings in Section 66-218.

(b)

Required yards.

(1)

In a front yard: No accessory building shall project into any front yard.

(2)

In a rear yard: No accessory building shall be closer than five feet to the rear lot line.

(3)

In a side yard: No accessory building, including garages, shall be erected closer to any side lot line than the permitted distance within that district as stated in the dimensions table 66-57 for accessory buildings.

(4)

On a corner lot: No accessory building shall be closer to the side street lot line than the side yard setbacks of the principal building on the lot. Where the rear line of a corner lot coincides with the side line of an adjoining lot in a residential district, an accessory building shall not be closer than eight feet to the common lot line.

(c)

Garage entrance. In no case shall the entrance to a garage be less than 25 feet from a street right-of-way line.

(d)

R district or B district. Detached accessory buildings shall comply with the following regulations:

(1)

They shall not be used in any part for dwelling purposes.

(2)

Maximum size: In an R district only two accessory buildings are allowed, and no accessory building shall exceed 600 square feet, with an additional accessory building not to exceed 150 square feet, except lots exceeding 14,000 square feet. These lots may have an additional 20 square feet of additional accessory building per each additional 1,000 square feet of lot area with a maximum of 1,200 square feet. The height of an accessory building may not exceed ten feet in height for the side wall and may not exceed a total height of 17 feet.

(3)

They shall not occupy more than 30 percent of the required rear yard area.

(4)

Maximum size: In a B district the maximum size is as stated in the dimensions table 66-57.

(e)

R district. Private garages may provide storage for not more than the following number of vehicles:

(1)

Single-family dwellings limited to three vehicles, including not more than one commercial vehicle, of not over one-ton capacity.

(2)

For other dwellings limited to two vehicles per dwelling unit with not more than one commercial vehicle of not over one-ton capacity.

(Ord. of 5-30-2000, § 406; Ord. No. 2015-10, § I, 8-31-2015; Ord. No. 2018-03, § I, 9-24-2018; Ord. No. 2020-02, § I, 2-24-2020)

(a)

No structure shall be erected, altered or moved upon a lot or premises and used in whole or in part for a dwelling, business, industrial or recreational purpose unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment, and disposal of human excreta and domestic, commercial and industrial waste.

(b)

All such installations and facilities shall conform with the minimum requirements of the county health department and applicable state regulations.

(c)

When public sewer is available on the street, connections to the public sewer system shall be made within 60 days.

(a)

Intent. This section is intended to provide for the regulation of the height and location of fences, walls, screens and other similar obstructions for the purpose of providing for light, air, and privacy and safeguarding the public welfare by preventing visual obstructions at street and highway intersections.

(b)

Height. For the purposes of this section, "height" shall mean the vertical distance from existing grade to the top of the fence, hedge, or wall.

(c)

Location.

(1)

Front yard. No fence, wall or hedge planting shall exceed a height of three feet within any front yard in any zoning district. Plant materials located within 30 feet of the edge of the pavement of a public street shall not obstruct visibility at a level between three-feet and eight feet.

Exceptions:

a.

Commercial, manufacturing and institutional districts, fences located within the front yard area may be five feet tall, provided they are of a decorative design approved by the planning commission. Certain design elements of the fence, such as posts, masonry pilasters or other detailing, may be permitted up to six feet in height. (Fencing shall not include fences constructed with material such as chain-link, wood, barbed wire, chicken wire.)

b.

Residential districts, fences located within the front yard or corner lots or street-side yard area may be four-feet tall. This is only if it is in a design nature such as being constructed with wrought-iron, steel or aluminum, vinyl or chain-link and must be see-through, with no more than a 50 percent obstruction. (Fencing shall not include fences constructed with material such as barbed wire, chicken wire, square wire (highway type) fencing.)

(2)

Side and rear yard. No fence, hedge or wall greater than six feet in height shall be permitted within any side or rear yard setback.

Exceptions:

a.

A fence located on a residential parcel which abuts a commercial, manufacturing or institutional use may be eight-feet tall, provided the adjoining residential property owners give their consent. Consent shall be in the form of an affidavit signed by the adjoining residential property owners and submitted to the community development department.

b.

Fencing around tennis courts and recreational amenities shall be exempt from the six-foot height limitation.

(3)

Corner lots. On a corner lot, a fence, wall or hedge planting cannot exceed a height of three-feet in the street side yard setback unless it follows b. Residential above or unless all of the following conditions can be satisfied:

a.

Must begin at the back of the house or primary structure.

b.

Does not create any safety or traffic hazard.

c.

Houses or buildings on property adjacent to the rear of the subject parcel shall not face the same street as the street side yard in which the fence will be located.

d.

Will not exceed a maximum height of six-feet.

e.

Will not encroach upon any existing or proposed right-of-ways.

(d)

Maintenance of fences. All fences shall be maintained in their upright condition. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

(e)

Barbed wire, electrified components or similar fencing types. Under no circumstances shall barbed wire, electrified components or similar fencing type that is likely to cause harm or injury to any persons be used in any residential district.

(f)

Visual screen. To qualify as a visual screen, the planting must achieve at least 75-percent obscuring value.

(g)

Clear vision area for traffic to face interior. Any fence or screen in front yard must maintain a clear vision area for vehicular and pedestrian traffic.

(h)

Supporting posts and cross-members. All supporting posts and cross-members of all fences shall face toward the interior of the lot of the person erecting the fence.

(i)

Permit and fee required. Prior to construction, reconstruction or establishment of a fence, wall or screen regulated by this section, a permit shall be obtained from the township.

(1)

Applications for permits shall be on forms prescribed by the building inspector or zoning administrator and shall be accompanied by such plans or drawings required by the zoning administrator and payment for the fence permit fee is determined by the yearly township fee schedule.

(2)

The issuance of a fence permit is not intended, nor should it be construed to abrogate or modify the applicant's duties as contained in covenants and restrictions arising from a deed or other document.

(3)

Permits shall continue until revoked or for such period of time as designated therein at the time of issuance. The issuance or granting of a permit shall not be construed to be a permit for or an approval of any violation of the provisions of this section. No permit presuming to give authority to violate the provisions of this section shall be valid.

(4)

The building inspector or zoning administrator may, in writing, suspend or revoke a permit issued under the provisions of this section whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of this section.

(Ord. of 5-30-2000, § 408; Ord. No. 2006-06Z, § I, 5-8-2006; Ord. No. 2016-02, § I, 12-28-2016)

(a)

Intent and purpose. The buffer yard is a designated unit of open area, together with any plant materials, barriers, or fences required thereon, designed to provide distance and screening in order to minimize negative impacts of adjacent land uses. Both the amount of land and the type and amount of landscaping specified are intended to minimize potential nuisances such as noise, glare, dirt, activity, unsightly parking areas, and similar negative impacts.

(b)

Buffer yard requirements. The buffer yard requirements are designed to be flexible. A single standard applied to all circumstances may not function as well and might impose unnecessary hardship (cost) on a developer to say nothing of promoting monotony. It is the intent of the following provisions to provide flexibility to the developer or property owner through the manipulation of four basic elements: Distance, plant material type, plant material density, and structural or land forms.

(1)

Location of buffer yard. Buffer yards shall be located on any parcel of land where conflicts in land uses exist between the proposed new land use and existing adjacent land use. Responsibility for, and location of, the buffer yard will be 100 percent within the boundaries of the proposed new land use. These buffer yards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. Buffer yards shall not extend into or be located within any portion of an existing street right-of-way.

(2)

Buffer yard requirements. The type of buffer yard required shall be determined based on the proposed new land use and existing adjacent land use by using the above buffer yards requirement chart. Should a developed use increase in intensity, the planning commission shall, during the site plan review process, determine if additional buffer yard is needed and if so to what extent and type.

(3)

Buffer yard types and development standards. Buffer yard requirements are stated in terms of the depth (width) of the buffer yard and the number of plant units required per every 100 linear feet of buffer yard. The requirements may be satisfied by any of the options indicated for any given buffer yard type. (Illustrations of the various buffer yard types are available upon request in the township clerk's office.)

a.

The following illustrations graphically depict the acceptable buffer yard widths, plant material types, plant material densities, and structural or land forms for each buffer yard type.

b.

Acceptable varieties of plant materials recommended for use in buffering:

1.

Deciduous shade trees: Ash, Beech, Birch, Ginkgo, Linden, Locust, Maple, Oak

2.

Deciduous ornamental trees (Shrub-like trees): Cherry, Dogwood, Flowering Crabapple, Hawthorn, Magnolia, Maple, Redwood, Russian Olive, Serviceberry, Shadblow.

3.

Deciduous shrubs: Alder, American Cranberry, Arrowwood, Beauty Bush, Cotoneaster, Euonymus, Forsythia, Honeysuckle, Hydrangea, Lilac, Olive, Privet,

4.

Evergreen trees: Arborvitae, Fir, Pine, Hemlock, Juniper Yew Spruce.

c.

All plant materials required within a specified buffer yard shall be planted to completion within six months from the date of receipt of a building permit and shall be thereafter properly maintained in a healthy, viable condition. Plant materials which are not in a healthy, viable condition shall be replaced.

d.

Landscaping/plant material used for fulfilling the buffer yard requirements or site plan requirements shall be of the following minimum plant sizes:

1.

Deciduous trees, a mature canopy height of at least 24-feet and minimum 8-feet in height with a two and one-half inches caliper at time of planting; deciduous trees shall be planted not more than 30 feet nor less than 15-feet on centers.

2.

Evergreen trees, a minimum of six-feet in height at time of planting. Evergreen trees shall be planted not more than 30-feet or less than ten-feet on centers.

3.

Deciduous shrubs, spreading evergreens and decorative trees, at least six-feet in height and shall be planted not more than five-feet nor less than four-feet on centers; shrubs and perennials, a minimum height of 12-inches in the first season. Multi-stem deciduous trees shall be planted not more than ten-feet on centers. Where plant materials are planted in two or more rows, planting shall be in staggered rows.

e.

Existing plant material or fences may be counted as contributing to the total buffer yard requirement.

f.

Further, when a landscape plan is required, the following materials are specifically prohibited:

1.

Box elder

2.

Soft Maple (Red Silver)

3.

Elm

4.

Poplar

5.

Willow

6.

Horse Chestnut (Nut-bearing trees)

7.

Tree of Heaven

8.

Catalpa

9.

Fruit-bearing trees

10.

All thorn trees and shrubs

11.

Gooseberry (Ribes)

12.

Cottonwood

g.

Where fencing is required in a buffer yard it may be eliminated on approval of the planning commission when such fencing is considered by the planning commission to be incompatible with the character of the adjacent residential use. The fencing will be replaced with an evergreen hedge, minimum six feet in height, with plant materials dense enough to provide opacity.

(4)

Visual screen. To qualify as a visual screen, the planting must achieve at least 75 percent obscuring value.

(5)

Further descriptions of such uses are defined as follows:

a.

Commercial land use: When any commercial land use is proposed adjacent to any recreation and open space, residential, agricultural or institutional land use, a type "B" buffer 'yard, as defined herein, shall be required. In addition, when the property abuts existing residential development, the developer must, upon request of the residential landowners and the planning commission, provide an eight-foot-tall privacy fence or wall along the abutting property line(s). The fence or wall finish and construction materials must be approved by the planning commission and be consistent in design with the project and the adjoining residential area. In instances when a fence is requested, the developer shall follow the guidelines for buffer type "B", showing the fence, a ten-foot buffer and a combination of trees and shrubs.

b.

Industrial land use: When any industrial land use is proposed adjacent to any recreation and open space, residential, agricultural or institutional land use, a type "C" buffer yard, as defined herein, shall be required. When any industrial land use is proposed adjacent to any commercial land use a type "A" buffer yard, as defined herein, shall be required. In addition, when the property abuts existing residential development, the developer must, upon request of the residential landowners and the planning commission, provide an eight-foot-tall privacy fence or wall along the abutting property line(s). The fence or wall finish and construction materials must be approved by the planning commission and be consistent in design with the project and the adjoining residential area. In instances when a fence is requested, the developer shall follow the guidelines for buffer type "B", showing the fence, a ten-foot buffer and a combination of trees and shrubs.

c.

High density residential land use: When any high density residential land use is proposed adjacent to any recreation and open space, low or medium density residential, agricultural or institutional land use, a type "B" buffer yard, as defined herein, shall be required. In addition, when the property abuts existing residential development, the developer must, upon request of the residential landowners and the planning commission, provide an eight-foot-tall privacy fence or wall along the abutting property line(s). The fence or wall finish and construction materials must be approved by the planning commission and be consistent in design with the project and the adjoining residential area. In instances when a fence is requested, the developer shall follow the guidelines for buffer type "B", showing the fence, a ten-foot buffer and a combination of trees and shrubs.

d.

Institutional land use: When any institutional land use is proposed adjacent to any residential land use a type "A" buffer yard, as defined herein, shall be required. In addition, when the property abuts existing residential development, the developer must, upon request of the residential landowners and the planning commission, provide an eight-foot-tall privacy fence or wall along the abutting property line(s). The fence or wall finish and construction materials must be approved by the planning commission and be consistent in design with the project and the adjoining residential area. In instances when a fence is requested, the developer shall follow the guidelines for buffer type "B", showing the fence, a ten-foot buffer and a combination of trees and shrubs.

e.

When inverse buffer yard requirements apply: When a less intensive land use is proposed to be located adjacent to a more intensive land use, the inverse of the buffer yard requirements herein shall apply; that is, for example, if a residential land use is proposed adjacent to an existing commercial land use, a type "B" buffer yard shall be required to be installed on the residential parcel.

f.

Determination of requirements by zoning administrator: When the parcel to be developed is located adjacent to a vacant parcel of land, the buffer yard requirement shall be determined by the zoning administrator based upon the zoning classification of said vacant parcel; that is, for example, if an industrial land use is proposed adjacent to a residentially zoned vacant parcel of land a type "C" buffer yard shall be required.

g.

Existing plant material or fences: Existing plant material or fences may be counted as contributing to the total buffer yard requirement.

h.

Determination for additional buffer yard: Should a developed use increase in intensity, the planning commission shall, during the site plan review process, determine if additional buffer yard is needed, and, if so, to what extent and type.

(Ord. of 5-30-2000, § 409; Ord. No. 2015-07, § I, 6-8-2015)

(a)

Intent. Several state laws impact the development of environmentally sensitive land and require permits for development in areas under their jurisdiction. Permit processes associated with these laws supersede local land use regulations. Therefore, zoning administration must be coordinated with these laws. This section is intended to facilitate compliance with the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.101 et seq.).

(b)

Process. One step in the review process for any zoning permit application is to determine whether any sensitive environmental areas will be impacted by the proposed project from other regulatory agencies.

(c)

Maps and permit forms. Permits must be obtained from the state department of environmental quality or the soil erosion and sedimentation control enforcement officer before a zoning permit may be issued for activities in such areas. The zoning administrator shall maintain a supply of application forms for these permits and provide copies of them to interested persons.

(Ord. of 5-30-2000, § 410)

State Law reference— Natural resources and environmental protection act, MCL 324.101 et seq.

For the purpose of this policy, the term "freestanding solid fuel-burning furnace" shall mean any device, structure, or equipment, that:

a.

Is designed, intended or used to provide heat and or heated fluids

b.

Operates by the burning of wood, corn, pellets, or other solid fuel

c.

Is located exterior from the principal structure or any accessory structure

(1)

Freestanding solid fuel-burning furnaces shall be regulated by the following setbacks:

a.

Not allowed in front yard

b.

20-feet behind principal structure

c.

20-feet from any other detached accessory structure

d.

20-feet from side property line

e.

20-feet from rear property line

These are the minimum required setbacks. If the manufacturer's listing requires a greater setback, than they must be followed.

(2)

The use of a freestanding solid fuel-burning furnace shall be prohibited from parcels less than one acre (43,560 square feet) and parcels with less than 100 feet of frontage along a public road.

(3)

The storage of wood or any other solid fuel shall be considered as an accessory structure, subject to the provisions of the accessory structure regulations, and maintained in accordance with Section 66-93 of the Carrollton Township Zoning Ordinance.

(4)

In the event that the discharge of gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate waste becomes a nuisance, the responsible person(s) shall be subject to a violation of Section 302.6 of the International Property Maintenance Code (IPMC). The burning of garbage, trash, or other unapproved materials is prohibited.

(5)

A mechanical permit shall be required for the installation of a freestanding solid fuel-burning furnace. The freestanding solid fuel-burning furnace shall be listed, labeled and shall be installed in accordance with the terms of the listing. The installation shall follow the applicable provision of the State Mechanical Code, Michigan Residential Code, and the manufacturer's specifications and recommendations.

(Ord. No. 2015-08, § I, 6-8-2015)