- GENERAL EXCEPTIONS
The regulations in this chapter shall be subject to the interpretations and exceptions set forth in this article.
(Comp. Ords. 1988, § 15.530)
Essential services shall be permitted as authorized and regulated by law and other ordinances of the township, it being the intention of this section to exempt such essential services from the application of this chapter; however, the township shall reserve the right to review and approve the location of high pressure gas transmission lines and high voltage electric transmission tower lines as provided for in section 30-550.
(Comp. Ords. 1988, § 15.531)
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a township or other public election.
(Comp. Ords. 1988, § 15.532)
The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments, cooling towers, or exempt communication towers, or to heating and electrical generating plants together with all necessary uses when located within an I-2 district. A structure proposed to be located within an airport hazard area as defined and regulated by the State of Michigan may be required by the State of Michigan to abide by a lower height limit.
(Comp. Ords. 1988, § 15.533; Ord. No. 148, 12-15-2008)
When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots of peculiar shape or topography or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.
(Comp. Ords. 1988, § 15.534)
An open, unenclosed, and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.
(Comp. Ords. 1988, § 15.536)
Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three feet.
(Comp. Ords. 1988, § 15.537)
For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.
(Comp. Ords. 1988, § 15.538)
The planning commission may permit the sale of agricultural products from the roadside subject to the following conditions:
(1)
All products displayed or offered for sale on the premises shall have been grown on the premises.
(2)
The planning commission shall grant a permit for an initial period not to exceed six months with the granting of subsequent one-month extensions being permissible. Within 30 days from the termination of the permit, all structures or buildings used primarily to facilitate the display or sale of such products shall be removed from the front yard of the premises.
(3)
In no instance shall roadside sales be permitted from lands within the boundaries of a recorded plat.
(4)
The planning commission may require such other conditions as it deems necessary to ensure that the use will not be injurious to the neighborhood and that it is in harmony with the general purpose and intent of this chapter.
(Comp. Ords. 1988, § 15.539)
(a)
It is recognized that the conservation of energy has become an important national goal, and that new methods of conserving energy in structures are constantly being developed. It is difficult to anticipate in advance the relationship of potential structural changes resulting from energy conservation techniques to local zoning regulations. Therefore, provision for exceptions to certain zoning requirements will be permitted as provided in subsection (b) of this section.
(b)
Upon written application, the planning commission, after notification of property owners and residents within 300 feet of the property in question and after public hearing, may modify or waive provisions of this chapter relating to the height, area, placement, and bulk of structures when it is clearly demonstrated by the applicant that the waiver or modification of such provisions will aid in the conservation of energy, provided that the resulting structure or use:
(1)
Would not be injurious to the public health, safety or welfare.
(2)
Would not be likely to depress the value of nearby properties.
(3)
Would be compatible and harmonious with existing development.
(4)
Would not affect the ability to develop and utilize the adjacent lands as zoned.
(Comp. Ords. 1988, § 15.540)
Those residential lots and/or parcels having river frontage and abutting a public thoroughfare shall maintain the yard on the river side as an open unobscured yard, excepting that a covered and/or uncovered boat well shall be permitted after review and approval of plans by the planning commission. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building providing the front yard setback required in section 30-391 is met.
(Comp. Ords. 1988, § 15.541)
- GENERAL EXCEPTIONS
The regulations in this chapter shall be subject to the interpretations and exceptions set forth in this article.
(Comp. Ords. 1988, § 15.530)
Essential services shall be permitted as authorized and regulated by law and other ordinances of the township, it being the intention of this section to exempt such essential services from the application of this chapter; however, the township shall reserve the right to review and approve the location of high pressure gas transmission lines and high voltage electric transmission tower lines as provided for in section 30-550.
(Comp. Ords. 1988, § 15.531)
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a township or other public election.
(Comp. Ords. 1988, § 15.532)
The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments, cooling towers, or exempt communication towers, or to heating and electrical generating plants together with all necessary uses when located within an I-2 district. A structure proposed to be located within an airport hazard area as defined and regulated by the State of Michigan may be required by the State of Michigan to abide by a lower height limit.
(Comp. Ords. 1988, § 15.533; Ord. No. 148, 12-15-2008)
When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots of peculiar shape or topography or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.
(Comp. Ords. 1988, § 15.534)
An open, unenclosed, and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.
(Comp. Ords. 1988, § 15.536)
Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three feet.
(Comp. Ords. 1988, § 15.537)
For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.
(Comp. Ords. 1988, § 15.538)
The planning commission may permit the sale of agricultural products from the roadside subject to the following conditions:
(1)
All products displayed or offered for sale on the premises shall have been grown on the premises.
(2)
The planning commission shall grant a permit for an initial period not to exceed six months with the granting of subsequent one-month extensions being permissible. Within 30 days from the termination of the permit, all structures or buildings used primarily to facilitate the display or sale of such products shall be removed from the front yard of the premises.
(3)
In no instance shall roadside sales be permitted from lands within the boundaries of a recorded plat.
(4)
The planning commission may require such other conditions as it deems necessary to ensure that the use will not be injurious to the neighborhood and that it is in harmony with the general purpose and intent of this chapter.
(Comp. Ords. 1988, § 15.539)
(a)
It is recognized that the conservation of energy has become an important national goal, and that new methods of conserving energy in structures are constantly being developed. It is difficult to anticipate in advance the relationship of potential structural changes resulting from energy conservation techniques to local zoning regulations. Therefore, provision for exceptions to certain zoning requirements will be permitted as provided in subsection (b) of this section.
(b)
Upon written application, the planning commission, after notification of property owners and residents within 300 feet of the property in question and after public hearing, may modify or waive provisions of this chapter relating to the height, area, placement, and bulk of structures when it is clearly demonstrated by the applicant that the waiver or modification of such provisions will aid in the conservation of energy, provided that the resulting structure or use:
(1)
Would not be injurious to the public health, safety or welfare.
(2)
Would not be likely to depress the value of nearby properties.
(3)
Would be compatible and harmonious with existing development.
(4)
Would not affect the ability to develop and utilize the adjacent lands as zoned.
(Comp. Ords. 1988, § 15.540)
Those residential lots and/or parcels having river frontage and abutting a public thoroughfare shall maintain the yard on the river side as an open unobscured yard, excepting that a covered and/or uncovered boat well shall be permitted after review and approval of plans by the planning commission. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building providing the front yard setback required in section 30-391 is met.
(Comp. Ords. 1988, § 15.541)