Except as elsewhere provided in this chapter, no building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered in a manner, and no building, structure, land, premises or part thereof shall be used for a purpose, and no open space surrounding any building or structure shall be reduced or encroached upon other than as permitted by the provisions of this chapter or in the district in which the building, structure, land or premises is located.  If a less restrictive category shall specifically permit uses allowed in a more restrictive category, then the permission shall only extend to those categories specifically named and none higher.

(Ord. § 3.00, passed 5-22-1997)

   (A)   Except as hereafter provided, no building shall be erected or altered to exceed in height the limit herein established for the district in which the building is located. 

   (B)   No building shall be erected, nor shall an existing building be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations hereby established for the district in which the building is located.  If a less restrictive category shall specifically permit a building allowed in a more restrictive category, then the permission shall only extend to those categories specifically named and none higher.

      (1)   Unlawful building.  In case any building or part thereof is used, erected, occupied or altered contrary to law or the provisions of this chapter, the building shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this chapter.  Public expenditures toward abating the nuisance shall become a lien upon the land.

      (2)   Frontage and street access.  No building shall be erected on a lot, unless the lot fronts its full width, as required by § 152.100, upon a street or road that has been dedicated to the public.

      (3)   One principal building.  In Single-Family Residential Districts, only 1 principal building shall be placed on a lot of record.  Mobile home parks, multiple-family developments, commercial shopping centers or office parks need not front each structure within the development upon publicly dedicated streets or roads provided that adequate interior vehicular circulation and access can be assured in a site plan submitted for approval to the township.

      (4)   Temporary building.  No temporary building shall be erected unless a building permit has been issued for a permanent building or a new use of land on the same site.  Any temporary building shall be removed from the site within 30 days of issuance of a certificate of occupancy or upon completion of the project and failure to remove the building shall constitute an automatic revocation of the certificate of occupancy.  No temporary building may be used as a residence except as permitted in §§ 152.029 and 152.030.

(Ord. § 3.01, passed 5-22-1997)

   Conflicting laws of a more restrictive nature are not affected or repealed by this chapter.  The provisions of this chapter shall be considered as minimum.  Conflicting township ordinances of a less restrictive nature, or those conflicting in other ways than degrees of restrictiveness are hereby repealed, to the extent of that conflict and no further. 

(Ord. § 3.02, passed 5-22-1997)

   Any building or structure, for which a building permit has been issued and construction of the whole or a part of which has been started, or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of this chapter, may be completed and used in accordance with the plans and applications on which the building permit was granted.

(Ord. § 3.03, passed 5-22-1997)

   (A)   Before any excavations, construction or erection may be undertaken, a  permit must be obtained from the township office.  Building permit fees for all new construction or repair, alterations and additions to structures already erected shall be according to the fee schedule as adopted by the Township Board.  No required building permit for a construction project will be issued to an applicant until an approved zoning permit has been issued or determined not necessary.

   (B)   (1)   Expiration/renewal.  In the event that a building permit is not issued, the fee so paid shall be returned to the payer thereof.  A building permit shall become void unless operations are commenced within 6 months from date of issuance unless the time is extended by the Building Inspector for reasons that the construction was delayed by causes beyond the control of the applicant.  All building permits shall expire 1 year after the date of issue; provided that the Building Inspector may, on application, renew a permit for not to exceed 1 additional year, without additional charge, if a satisfactory degree of progress in construction is shown.  All permits or renewals thereof shall be in writing.

      (2)   Violations and cancellation of permit.

         (a)   Should the Building Inspector determine that the construction is not proceeding according to the application filed, or is in violation of any provision of this chapter, he or she shall so notify the permit holder  and  further construction shall be stayed until correction has been effected and  approved by the Building Inspector, upon notice and request for reinspection duly made.

         (b)   Should the permit holder fail to comply with any applicable requirements, at any state of construction, the Building Inspector is hereby empowered to cancel the building permit issued and shall cause notice of the cancellation to be securely posted upon the construction and at a location of ready visibility.  Posting of this notice shall be considered sufficient notification to the permit holder of cancellation thereof.  No further work shall be undertaken or permitted upon the construction until a new building permit shall have been issued.

         (c)   Any permit holder whose construction shall have been stayed under division (2)(a) above, or whose building permit shall have been canceled under division (2)(b) above, shall not be granted any building permit for any other construction of any type whatever, until correction has been effected and approved as provided in division (2)(a) above, or until a new building permit shall have been issued to replace the canceled building permit, as provided in division (2)(b) above.

      (3)   Subdivision control act.  No building permit shall be issued for the construction of any structure on any lot, tract or parcel of land subdivided in violation of Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended (Land Division Act, Public Act 591 of 1996).

      (4)   Personal construction authority.  Nothing in this chapter shall be construed as prohibiting an owner, tenant, occupant or land contract vendee from doing his or her own building, erecting, altering, plumbing, electrical installation, etc.

(Ord. § 3.04, passed 5-22-1997)  Penalty, see § 152.999

   No portion of a lot used in complying with the provisions of this chapter for yards, courts, lot area per family or percentage of lot occupancy in connection with an existing or proposed building or structure, including mobile homes shall again be used as part of the lot required in connection with any other building or structure existing or proposed.

(Ord. § 3.05, passed 5-22-1997)

   Before any building permit shall be issued under terms of this chapter, the applicant shall obtain the endorsement in writing of the Genesee County Health Department or the Charter Township of Clayton Building Inspector, approving his or her plans for sewage disposal and water supply, in accordance with the state law, county regulation, or ordinance, whichever is the most restrictive.

   (A)   On-site sewage disposal.  Before any building permit shall be issued under the terms of this chapter, the applicant shall obtain the endorsement in writing from the Genesee County Health Department approving his or her plan for any on-site sewage disposal system in accordance with state law, county regulations, or township ordinance, whichever is the most restrictive, and in accordance with the applicable regulations of the Genesee County Sewage Disposal District.

   (B)   Water supply.

      (1)   Every building or structure hereafter erected or moved upon any premises and used in whole or in part for dwelling, recreational, business, commercial or industrial purposes shall be provided with a safe, adequate and sanitary water supply.  All plumbing work relating to the water supply system shall conform to the standards of material and installations set forth by the Michigan State Plumbing Code, a copy of which is on file in the Township Clerk’s office.

      (2)   Where a public water system is not available, each fixture from which water for human consumption may be obtained shall be supplied from a system which meets the minimum requirements of the State of Michigan, the Genesee County Health Department and the Michigan State Department of Health.

   (C)   Toilets (water closets) required. 

      (1)   Every dwelling, business, church, school or any other place where humans are present for longer than 4 hours a day shall be provided with, as an integral part of a permanent structure, a toilet or toilets sufficient to accommodate the number of persons normally using the area, structure or place, including open land areas where humans congregate for longer than 4 hours.  Numbers of toilets shall be in compliance with state laws and township plumbing or building codes where applicable.  The toilet or toilets shall be wholly within an enclosed room or rooms which are devoted to toilet use only and shall include in the room or rooms hot and cold running water (not a hand pump), sinks and plumbing for washing purposes, as well as plumbing to an outside complete underground sewage disposal system, either a public sewage disposal system or septic tank and underground effluent disposal field which meets all regulations that are from time to time hereafter currently acceptable to the county, state or township health regulations, whichever are most restrictive.  No outdoor toilets, backhouses, privies, latrines, trenches or the like shall be permitted anywhere in the township, except as hereinafter specifically provided.  These restrictions are deemed to be of utmost concern to the public health, safety and welfare of the citizens of the township and state, and the nonconforming use provisions of this chapter shall not be applicable to this provision.

      (2)   Approved water flush-type toilet facilities for the sanitary and safe disposal of all human waste material shall be required where people gather, work, live or otherwise frequent.  Where sanitary sewer is available, the utilization of the public sewerage system shall be considered the only safe and sanitary means for liquid waste disposal except as hereinafter specifically provided.  Disposal of human waste material in any manner which could be a hazard to the public health or create objectionable nuisance conditions is prohibited.

   (D)   Temporary sanitary facilities.

      (1)   Temporary use of approved portable toilets not connected to plumbing, or other temporary facilities, may be approved by the Building Inspector under conditions where sewer and plumbing on construction or other sites is not completed to the extent flush type facilities can be installed, or for transient gatherings not exceeding 1 week; provided, however, that such approval shall be granted for such transient gatherings at any 1 site no more than 3 times in each calendar year.  No such portable facilities shall be installed within the Charter Township of Clayton without first obtaining a permit from the Building Department.  All other provisions of this chapter, including but not limited to site plan review procedures, shall be applicable and shall be deemed in pari materia herewith.

      (2)   Before granting any permit the Building Inspector or his or her representative shall determine, with advice of the Genesee County Health Department, that the use is necessary and shall require the following:

         (a)   The installation of sufficient numbers of such facilities to accommodate the anticipated volume of usage in accordance with such county or state regulations as may apply.  In the event applicable regulations do not exist, the Building Inspector shall make such requirements as he or she deems appropriate in the circumstances, subject to Planning Commission review.

         (b)   Portable toilets shall be constructed and maintained so as to store all waste material in tight containers, free from leakage, which are smooth and easily cleanable, which deny access to flies, rodents and other vermin, are free of objectionable odors and meet any additional sanitary requirements as may be deemed necessary by the Building Inspector.

         (c)   Construction shall be such as will enclose the portable toilet and will furnish privacy to users, and the facility shall be kept clean.

         (d)   Servicing of portable toilets shall be performed as often as is necessary to comply with divisions (2)(b)and (c) above, but at least weekly.

         (e)   Approved service vehicles shall be used and the individuals and vehicles providing service shall be licensed under Public Act 243 of 1951, as amended.

      (3)   The expiration date of all township permits issued hereunder shall be the date of expiration of the state service license or the date of termination of the request for use set forth in the permit application, whichever comes first.

      (4)   Consideration may be given, by the Building Inspector, to the use of latrines for certain specific primitive type gatherings (of less than 24 hours in duration) provided the intent for the request is in connection with and for the sole purpose of teaching others how to survive in a primitive environment (i.e., Boy or Girl Scout merit badge training).  In all instances, each proposed site will be evaluated on its own merit and appropriate safeguards implemented to ensure adequate protection of the groundwater, and in no case shall latrines in such circumstances be approved more than 10 times in a calendar year at any 1 site.

(Ord. § 3.06, passed 5-22-1997)

   Any structure or building which is wholly or partially located within this township or outside this township shall not be moved or placed within Charter Township of Clayton before a building permit shall have been granted.

(Ord. § 3.07, passed 5-22-1997)

   All garbage shall be stored in weatherproof and rodent-proof covered containers.  Where permanent outdoor storage of containers is required, the containers shall be provided with screening, subject to provisions of § 152.077. 

(Ord. § 3.08, passed 5-22-1997)

   The construction, maintenance or existence within the township of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits which constitute, or are reasonably likely to constitute, a menace to the public health, safety or welfare, is hereby prohibited.  This section shall not apply to excavations operated under a special condition use permit issued pursuant to this chapter, or the Building Code of the township, where the excavations are barricaded and warning signs posted in a manner as may be approved by the Building Official, nor does this section apply to lakes, streams or other natural bodies of water, or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of the State of Michigan, Genesee County, Clayton Township or other governmental agencies.

(Ord. § 3.09, passed 5-22-1997)  Penalty, see § 152.999

   (A)   Continuance. Any lawful nonconforming use of land, structures or buildings existing at the time of the effective date of this chapter may be continued except as herein prohibited or restricted, provided that the building, structure or use thereof shall not be structurally enlarged, altered or changed in use, unless the alteration, enlargement or use shall conform to the provisions of this chapter for the district in which it is located, except as elsewhere provided.  No nonconforming use if changed to a conforming use permitted in the district in which it is located shall be resumed or changed back to a nonconforming use. 

      (1)   There may be a change of tenancy, ownership or management of any existing nonconforming uses of land and/or structure.  Failure to continue to use any land, building or structure, or part thereof, which is a nonconforming use under this chapter, for a period of 1 year shall be held to be conclusive proof of an intention to legally abandon any rights to maintain or reestablish the nonconforming use.

      (2)   Persons who have enlisted or have been called into the U.S. government service during periods of national emergency may discontinue the nonconforming use of any land, building or structure for a period greater than 1 year during such emergencies.  The persons shall reestablish the nonconforming use within 6 months of the end of the national emergency.

   (B)   Nonconforming lots.  In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.  This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.  Variance yard requirements shall be obtained through approval of the Zoning Board of Appeals.

   (C)   Destruction of structures.  Nothing in this chapter shall prevent the restoration, repairing or rebuilding of any nonconforming building or structure damaged by fire, explosion, act of God, or any act of the public enemy, subsequent to the effective date of this chapter, or shall prevent the continuance of the use of the building or part thereof, provided that the restoration and resumption shall take place within 1 year of the time of the damage or destruction.  Should the structure be destroyed by any means to an extent of more than 75% of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.

   (D)   Maintenance of structures.  Nothing in this chapter shall prevent the repair, reinforcement or maintenance of a nonconforming building, structure or part thereof, existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 30% of the reproduction value of the building or structure in any period of 12 consecutive months.

(Ord. § 3.10, passed 5-22-1997)

   Where a lot abuts upon any alley, 1/2 of the width of the alley may be considered a part of the lot for the purpose of computing the area of the lot and the depth of any rear yard required under this chapter.  In determining lot and yard requirements, no area shall be counted as accessory to more than 1 principal building or use, and no area necessary for compliance with the open space requirements for 1 main building or use shall be included or counted in the calculation of the open space accessory to any other main building or use. 

(Ord. § 3.11, passed 5-22-1997)

   The provisions of this section are designed to limit the amount of obstructive and unsightly ground and area coverage on residentially zoned property, while allowing the reasonable use of land.

   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   (B)   Accessory uses, buildings and structures that are customarily incidental to that of the principal use of the parcel shall be permitted, provided said accessory use, buildings, and structures are not otherwise regulated by this section and are in compliance with the following:

         (a)   For parcels .99 acre or less in size, the sidewalls of the permitted accessory building shall not exceed 9 feet and shall have a minimum roof pitch of 4/12.

         (b)   For parcels 1 - 4.99 acres in size, the height of the permitted accessory building, as described in § 152.007, shall not exceed the height of the associated domicile or 20 feet, whichever is lesser and shall have a minimum roof pitch of 4/12.

         (c)   For parcels of 5 - 49.99 acres in size, the height of the permitted accessory building, as described in § 152.007, shall not exceed 25 feet and shall have a minimum roof pitch of 4/12.

         (a)   For parcels of .499 acres or less: a single accessory building of not more than 800 square feet in floor area shall be erected on a lot.

         (b)   For parcels of .5 to .999 acres in size: a single building of not more than 1,000 square feet in floor area shall be erected on a lot.

         (c)   For parcels of 1 to 1.999 acres in size not more than 2 accessory buildings of no more than a total of 1,200 square feet in floor area shall be erected on a lot.

         (d)   For parcels of 2 to 2.999 acres in size: not more than 3 accessory buildings of no more than a total of 2,400 square feet in floor area shall be erected on a lot.

         (e)   For parcels of 3 to 4.999 acres in size: not more than 3 accessory buildings of no more than a total of 3,600 square feet in floor area shall be erected on a lot.

         (f)   For parcels of 5 to 9.999 acres in size, not more than 3 accessory buildings with a floor area of no more than a total of 3% of the square footage of the parcel shall be erected on a lot.

         (g)   For parcels of 10 to 19.999 acres in size, not more than 3 accessory buildings, with a floor area of no more than a total of 3% of the square footage of the parcel shall be erected on a lot.

         (h)   For parcels of 20 acres in size or more, not more than 4 accessory buildings, with a floor area of no more than a total of 3% of the square footage of the parcel shall be erected on a lot.

(Ord. § 3.12a, passed 5-22-1997; Am. Ord. 415, passed 7-13-2006; Am. Ord. 428, passed 3-8-2007; Am. Ord. 466, passed 8-14-2014; Am. Ord. 2019-480, passed 5-9-2019)

   The use of accessory structures as living quarters is prohibited except as otherwise provided as a temporary dwelling in this chapter.

(Ord. § 3.13, passed 5-22-1997)  Penalty, see § 152.999

   Motor homes or travel trailers shall not be used as a place of human habitation except as permitted in § 152.030 under temporary permit from the Zoning Board of Appeals.  No tent or any other type of temporary structure shall be used for human habitation temporarily or permanently, whether the tent or temporary structure shall have been in existence prior to this chapter or not.  This provision is not intended to prevent the recreational use of tents by residents on their own property.  A mobile home shall not be permitted to be used as a temporary residence except as outlined in § 152.030.

(Ord. § 3.14, passed 5-22-1997)  Penalty, see § 152.999

   (A)   No person shall park or cause to be parked any motor home or travel trailer over 48 hours on any street, alley, highway or other public place.

   (B)   No motor home or travel trailer shall at any time be parked and lived in between the established setback line and the curb line on any lot.

   (C)   No motor home or travel trailer shall be used or occupied unless there is a clear unoccupied space of at least 10 feet on all sides thereof.

   (D)   No person shall park, or permit the parking of any occupied motor home or travel trailer, or use, occupy or permit the use of occupancy of any motor home or travel trailer on any site, lot, field or tract of land not specifically licensed as a mobile home park in a Manufactured Housing Community District, except as otherwise provided in this chapter.

   (E)   Not more than 1 motor home or travel trailer may be parked temporarily, used and occupied on the premises of any dwelling, and then only if the occupants of the motor home or travel trailer have access to and the unlimited use of the sanitary facilities of the dwelling on the premises.  This provision applies to visitors who stay not more than 2 weeks in any calendar year.

   (F)   In the event of loss of use of the main building or dwelling on a given lot as a result of fire, wind, flood or other catastrophe, a temporary permit to park, use and occupy a mobile home, motor home or travel trailer on the lot may be granted until the main building or dwelling can be restored for its normal use in accordance with all provisions of § 152.034.

   (G)   No person shall spill or drain any waste water or liquid waste of any kind from a motor home or travel trailer upon the surface of the ground or upon any paved area.

   (H)   No person shall remove or cause to be removed the wheels or tires from any occupied motor home or travel trailer except for the purpose of repair, nor shall any person elevate, block or stabilize any motor home or travel trailer other than with jacks designed, provided and intended for that purpose.  No parked motor home or travel trailer shall be occupied for sleeping purposes by a greater number of persons in any one 24-hour period than the vehicle is designed and arranged to accommodate at 1 time.

   (I)   The Township Zoning Administrator shall have the authority to enter at any reasonable time any premises upon which a motor home or travel trailer is parked, used or occupied, for the purpose of ascertaining that the owner, operator or occupant thereof is complying with all the statutes, ordinances and rules and regulations governing the same. 

(Ord. § 3.15, passed 5-22-1997)

   No use otherwise allowed shall be permitted within any use district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within the area.

   (A)   Smoke.  It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 1 of the Ringlemann Chart; provided that the following exceptions shall be permitted; smoke, the shade or appearance of which is equal to but not darker than No. 2 of the Ringlemann Chart for a period, or periods, aggregating 4 minutes in any 30 minutes.

   (B)   Method of measurement.  For the purpose of grading the density of smoke, the Ringlemann Chart, as now published and used by the United States Bureau of Mines, which is hereby made a part of this chapter, shall be the standard.  However, the Umbrascope readings of smoke density may be used when correlated with the Ringlemann Chart.

   (C)   Dust, dirt and ash.  No person, firm or corporation shall operate or cause to be operated, maintain or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using the process or furnace or combustion device or contrivance to reduce the quantity of gas-borne or air-borne solids or fumes emitted into the open air, which is operated in conjunction with the process, furnace or combustion device so that the quantity of gas-borne or air-borne solids shall not exceed 0.20

grains per cubic foot of the carrying medium at a temperature of 500º Fahrenheit, as measured by the A.S.M.E. Test Code for dust-separating apparatus.

   (D)   Storage.  In all commercial and manufacturing districts, the open storage, not including display, of any equipment, vehicles and all materials, including wastes, shall be screened from public view, from a street and from adjoining properties by an enclosure consisting of a wall equal in height to the equipment, vehicles and all materials to be stored.  In no instance shall the wall be less in height than 4 feet, 6 inches measured from the surface of the adjacent building flooring.  In all residential districts, the storage of dismantled vehicles shall be within completely enclosed accessory structures.

   (E)   Glare and radioactive materials.  Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be performed in such a manner as not to extend beyond the property line, and as not to create a public nuisance or hazard along lot lines.  Radioactive materials and wastes, and including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

   (F)   Noise.  At no point on the boundary of any nonindustrial district shall the sound pressure level of any operation exceed the described levels in the designated octave bands below:

 

   (G)   Vibrations.  No vibration which is discernable to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.

   (H)   Odor.  The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of 1 volume of odorous air to 4 or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines is prohibited.

   (I)   Front yard parking.  No part of any front yard shall be used for any accessory building, garage, or other structure, nor shall any motor vehicle be parked in any front yard except upon a regularly constructed driveway.  In addition, on a corner lot no motor vehicle shall be parked in the side yard abutting public street except upon a regularly constructed driveway.

   (J)   Exterior lighting.  All lighting for parking areas or for the external illumination of building or for the illumination of signs shall be directed away from and shall be shielded from adjacent districts and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares.

   (K)   Corner clearance.  No fence, wall, shrubbery, sign or other obstruction to vision above a height of 2-1/2 feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 30 feet from their point of intersection.

   (L)   Outdoor storage and waste disposal.

      (1)   No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel used for farm operations or directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

      (2)   All outdoor storage facilities for fuel, raw materials and products; and all fuel, all raw materials, and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.

      (3)   No materials or wastes shall be deposited upon a lot in a form or manner that may be transferred off the lots by natural forces or causes.

      (4)   All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. 

(Ord. § 3.16, passed 5-22-1997)

   (A)   No structure, excavation or land shall be permitted to become or to remain in a dangerous, noxious, hazardous or offensive condition.

   (B)   The accumulation of junk, refuse, brush or weeds shall be a violation of this chapter.

   (C)   No existing structure or land shall be permitted to deteriorate, fall down, become in disrepair or in the event of damage not be put in repair so as to become dangerous, hazardous or an unattractive nuisance.

   (D)   No structure which is unoccupied shall be left open or not securely locked and closed against all unauthorized persons, and no such structure shall be permitted to become an unattractive nuisance.

   (E)   Any continual sale of household or personal belongings (which may be known as but are not limited to: garage sales, yard sales, barn sales, moving sales,) lasting for a period of more than 7 continuous days, or 2 consecutive weekends, held more than 2 times per year at the same location shall be a violation of this section.

   (F)   The owner or occupant or person entitled to possession or any principal or subcontractor contributing to any of the above described conditions or under whose direction or control such conditions develop may each or all or any of them be charged for violation of this section or this chapter.

   (G)   Continued failure to correct the condition shall constitute a separate violation for each day that the conditions shall not be corrected.

   (H)   The Township Building Inspector or agent may, in event of violation of this section, notify the owner or occupant of the premises described herein of the violation and instruct the owner or occupant to correct the conditions within 7 days.  In event of failure to correct the condition within the time limited, the township may correct the condition itself and charge the cost thereof to the owner or occupant or both.  In the event of failure to pay the cost the township then may bring such action for the collection of the same against the persons individually as it may deem necessary, or may assess the cost against the land in the same manner as general property taxes, or take both such remedies.  In event of assessment against the land, then the same shall become a lien against the land in the same manner as provided for under general tax assessment; provided, however, that notice as provided above shall not be necessary before any of the above named persons may be charged for a violation of this section.

   (I)   In addition to the above penalties the Township Building Inspector may, whenever such conditions become applicable, attach to the structure a notice of noncompliance with this chapter and no occupancy of any kind, temporary or permanent, shall be permitted until the conditions are corrected. 

(Ord. § 3.17, passed 5-22-1997; Am. Ord. 433, passed 3-13-2008)  Penalty, see § 152.999

   All dwellings shall conform to the following minimum square foot requirements:

 

   (C)   For the purpose of this section, the minimum square feet of floor area are as measured by outside wall dimensions designated for and used for living area.  Cellars, porches, breezeways, garages, common hallways, and common laundry or storage areas shall not count as living area. 

(Ord. § 3.18, passed 5-22-1997)

   (A)   Purpose. Single-family dwellings, as well as any additions or alterations thereto, whether mobile homes, manufactured homes, modular homes or site (“stick”) built homes, which are located outside a mobile park, shall conform to the standards of this section, in addition to the Charter Township of Clayton Building Code.  The standards herein are designed and intended to prevent the placement of “grossly dissimilar” dwellings which would have the potential to adversely affect the value of dwellings in the surrounding area; adversely affect the desirability of an area, from the perspective of existing or prospective homeowners; impair the stability of the neighborhood environment; prevent the most appropriate use of real estate in the involved area of the township; and lessen the opportunity to realize the development pattern envisioned in the Charter Township of Clayton Community Master Plan.

   (B)   Compliance.  Residential buildings shall be constructed in compliance with all applicable state, federal, or local laws or ordinances.  All dwellings shall meet or exceed all applicable roof snow load and strength requirements.  Where there are conflicting applicable regulations the more stringent standard shall apply.  In the case of a mobile home, all construction, plumbing, electrical apparatus and insulation within and connected to the mobile home shall be either:

      (1)   New and certified by the manufacturer or an appropriate inspection agency as meeting the “Mobile Home Construction and Safety Standards” as promulgated by the United States Department of Housing and Urban Development (24 C.F.R. 3280, as amended); or

      (2)   Used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in division (B)(1) above, and found on inspection by the Building Department to be in excellent condition and safe and fit for residential occupancy.

   (C)  Building permit. All construction and/or structure placement, allowed under this chapter, shall be commenced only after a building permit has been obtained in accordance with the Township Building Code and other building regulations.  All buildings shall be constructed in compliance with the Building Code adopted by Clayton Township.

   (D)   Foundation.  Each dwelling unit shall be firmly attached to a permanent foundation system, constructed on the site, in accordance with the township’s Building Code and shall have an outside dimension substantially equivalent to the same perimeter dimensions of the dwelling, allowing for cantilever and/or similar design.  The foundation shall be constructed of such materials and type as required in the applicable Building Code for single-family dwellings.  In the event that the dwelling is a mobile home, as defined herein, the dwelling shall be installed pursuant to the manufacturer’s setup instructions and shall be secured to the foundation by an anchoring system or device complying with the manufacturers standards and details to prevent displacement during windstorms.

   (E)   Undercarriage.  In the event that a dwelling is a mobile home as defined herein, the mobile home shall be installed with the wheels removed.  Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.  Foundation or perimeter masonry skirting shall fully enclose the undercarriage and the chassis, with provision being allowed for access panels on the rear and/or side of the dwelling.

   (F)   Water and sewer facilities.  Each dwelling unit shall be connected to a public sewer and water supply, if available, or if not available, to private facilities approved by the Genesee County Health Department, in accord with the Charter Township of Clayton water and sewer supply policy.

   (G)   Dimensional standards.  Each dwelling unit shall comply with all pertinent zoning, subdivision and other ordinances regulating use, floor area, lot area and width, setbacks, yards, building height and the like, which are applicable to the zoning district in which the dwelling is to be located.

   (H)   Architectural compatibility.  Each home shall be aesthetically compatible in design and appearance with other residences in similar zoning districts in the surrounding neighborhood.  The NEIGHBORHOOD area shall be defined as being comprised of those single-family residential dwelling units that are located within 2,000 feet in all directions, and which are located within residential districts.  Measurements made in this regard shall be calculated from the boundary of the involved lot/parcel in all directions.

      (1)   In a highly and/or densely populated area, the neighborhood range may be reduced to the closest 20 single-family residential units, for purposes of defining the applicable neighborhood area to be considered.

      (2)   The type of material used in the proposed dwelling shall not be grossly dissimilar to the type of materials used in single-family homes in the surrounding area, and the reflection from the exterior surface shall be no greater than from white semi-gloss exterior enamel. The term GROSSLY DISSIMILAR means an immediately obvious difference in the exterior design and appearance compared to existing single-family homes in the defined neighborhood area, which is apparent to professionals in the building trade, neighbors and potential residents.

      (3)   The minimum width across the front elevation shall be 34 feet and the minimum dimension along any side or rear elevation shall be 24 feet.

      (4)   The dwelling shall have a combination of roof overhang and pitch comparable to the overhang and pitch of homes typically found in the neighborhood in which it is to be located, but in no instance shall the pitch be less than 5/12 except on decorative or cosmetic areas where the roof pitch may be no less than 4/12.  Single-family dwelling units constructed prior to the effective date of this amendment are exempt from this requirement.

      (5)   The dwelling shall have steps and/or porches which provide access to exterior doors,  which are permanently attached to the ground and/or to the structure, and which are comparable to steps and/or porches of homes typically found in the neighborhood in which it is to be located as required in the local Building Code.

      (6)   The dwelling and roof shall be covered with a material which is, in composition, color, texture, malleability, direction of joints, and method of fastening to the structure, not grossly dissimilar to those found in the neighborhood in which it is to be located.

      (7)   Each such dwelling unit shall contain a storage area equal to 10% of the square footage of the dwelling or a 16 foot by 20 foot accessory building (320 square feet), whichever is greater.  This storage area shall consist of a basement, attic (minimum 2,200 cubic feet), attached garage, or a separate detached accessory structure which conforms to the standards of this zoning chapter regarding accessory buildings and structures.  The intent of these standards is to limit the extent of outdoor storage.

      (8)   The above standards shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or variation from the common or standard designed home.  An applicant may appeal to the Zoning Board of Appeals within a  period of 15 days from the receipt of notice of the Zoning Administrator’s adverse decision.

      (9)   The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this chapter and pertaining to such parks.  Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the township unless located within a mobile home park or a mobile home subdivision district for those uses, or unless used as a temporary residence as otherwise provided in this chapter.

(Ord. § 3.19, passed 5-22-1997; Am. Ord. 383, passed 11-24-1998; Am. Ord. 383.1, passed 3-9-2000; Am. Ord. 429, passed 3-20-2007)

   For the purpose of this chapter all of the unincorporated area of Charter Township of Clayton is divided into the following Use Zoning Districts:

 

   The land areas and sizes of dwellings assigned to these districts, the designation of same, and the boundaries of the districts are shown on the map attached to the ordinance establishing this chapter and hereby adopted and made part of this chapter, the map being designated as the Zoning District Map, showing use districts and building districts in the unincorporated portions of the Charter Township of Clayton, Genesee County, State of Michigan, and the map and the proper notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by the map were all fully described herein.

(Ord. § 3.21, passed 5-22-1997)

   District boundaries shall originally be shown on the Zoning District Map attached to this zoning ordinance and, where insofar as is practicable and reasonable, they shall follow property lines of recorded surveys, recorded deeds and other recorded instruments affecting title, centerlines of streets and alleys.  Future changes shall follow similar lines to the extent that it is reasonable and practicable.

(Ord. § 3.22, passed 5-22-1997)

   Land uses are specifically permitted in the various zoning districts of this chapter.  Where not specifically permitted, uses are thereby specifically prohibited.  No land contained within any zoning district shall be used for any purpose other than those uses specifically permitted in the district in which the building or land is located, except as otherwise provided herein.

(Ord. § 3.23, passed 5-22-1997)

         (a)   A site plan prepared showing the location, size, screening, and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping, and as-built drawings for all proposed attached wireless communication facilities and/or wireless communication support structures.

         (b)   A disclosure of what is proposed, demonstrating the need for the proposed wireless communication facility to be located as proposed based upon the presence of 1 or more of the following factors:

            1.   Proximity to an interstate highway or major thoroughfare;

            2.   Areas of population concentration;

            3.   Concentration of commercial, industrial, and/or other business centers;\

            4.   Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions;

            5.   Topography of the proposed facility location in relation to other facilities within which the proposed facility is to operate; and

            6.   Other specifically identified reason(s) creating need for the facility.

         (c)   The reason or purpose for the placement, construction, or modification with specific reference to the providers' coverage, capacity and/or quality needs, goals, and objectives;

         (d)   The existing form of technology being used and any changes proposed lo that technology;

         (e)   As applicable, the planned or proposed and existing service area of the facility and the attached wireless communication facility, and wireless communication support structure height and type, and signal power expressed in ERP upon which the service area has been planned;

         (f)   The nature and extent of the provider/applicant's ownership or lease interest in the property, building, or structure upon which facilities are proposed for placement, construction, or modification;

         (g)   The identity and address of all owners and other person with a real property interest in the property, building, or structure upon which facilities are proposed for placement, construction, or modification;

         (h)   A map showing existing and known proposed wireless communication facilities with the Charter Township of Clayton, and within areas surrounding the borders of the township. The map shall also show existing buildings and/or other structures of the same approximate height within a 1 mile radius of the proposed site which could accommodate a feasible co-location of the applicant's proposed attached wireless communication facility;

         (i)   An illustration and description of the fall zone for the structure, including certification by a State of Michigan licensed and registered professional engineer to be utilized, along with other criteria such as applicable regulations for the district in question, to determine appropriate setbacks to be required for the structure and other facilities;

         (j)   The site plan shall include a landscape plan to demonstrate landscaping will provide screening for the wireless communication support structure base, accessory buildings, and enclosures;

         (k)   Elevations of the wireless communication facility and all accessory structures;

         (l)   Evidence of site plan approval from the Federal Aviation Administration, if required due to the site's proximity to an airport, or evidence that such approval is not required;

         (m)   The name, address, and telephone number of the person to contact for engineering, maintenance, and other notice purposes. This information shall be continuously updated during all limes the facility is on the premises;

         (n)   A description of the security to be posted at the lime of receiving a building permit for the wireless communication facility to ensure removal of the structure when it has been abandoned or is no longer needed. The security shall be in the form of a surely bond. A written statement shall be required from the applicant and owner of the property that the facility will be removed in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney fees incurred by the Charter Township of Clayton in securing the removal;

      (1)   The wireless communications equipment will be collocated on an existing wireless communications support structure or in existing facilities.

      (2)   The existing wireless communications support structure and facilities were previously approved by the Charter Township of Clayton Planning Commission and the Charter Township of Clayton Board of Trustees and is in compliance with all Charter Township of Clayton Zoning Ordinances.

      (3)   The proposed collocation of wireless communications equipment meets all of the following requirements:

         (a)   The collocation of the wireless communication equipment will not increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.

         (b)   The collocation of the wireless communications equipment will not increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

         (c)   The collocation of the wireless communications equipment will not increase the area of the existing equipment compound to greater than 2,500 square feet.

      (4)   The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the Charter Township of Clayton Planning Commission and the Charter Township of Clayton Board of Trustees.

      (1)   A special land use permit must be granted by the Charter Township of Clayton Planning Commission.

      (2)   All support structures and facilities must be located on a minimum of 2 acres.

      (3)   A security deposit in the form of a surety bond must be submitted by the owner of the wireless communications facility in an amount deemed appropriate by the Charter Township of Clayton Township Board of Trustees to cover the cost of removal of the facility once abandoned.

      (4)   The applicant shall provide an existing cell coverage map, a proposed cell coverage map, and a map of existing towers with a 1-mile radius of the proposed site. The maps will assist in identification of void areas of coverage and allow Clayton Township and the applicant to locale the tower on or near the most appropriate site in order to minimize gaps in coverage.

      (5)   Wireless communication support structures shall be located according to prioritized locations:

         (a)   Co-location on existing wireless communications structures.

         (b)   Charter Township of Clayton property.

         (c)   Industrial zoned districts.

         (d)   Commercial districts.

         (e)   Agriculture districts.

         (f)   Residential farm districts.

         (g)   Residential suburban districts.

      (6)   All freestanding wireless communications towers shall be of monopole construction.

      (7)   All freestanding wireless communications towers shall not exceed 150 feet in height above final grade level.

      (8)   A minimum of 2,600 feet of separation shall exist between freestanding lowers.

      (9)   There shall be an unobstructed access to the wireless communication facility for operation, maintenance, repair, and inspection purposes which may be provided through an easement.

      (10)   The applicant shall demonstrate that the requested height of the new or modified support structure and antenna shall be the minimum height necessary for reasonable communication by the applicant, including additional height to accommodate future co-location where appropriate.

      (11)   No occupied building shall be located within the designated fall zone of the wireless communications tower.

      (12)   Where a wireless communication facility is proposed on the roof of a building, the equipment enclosure, if proposed, shall be designed, constructed, and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building, provided that it conforms to all district requirements for accessory building, including yard setbacks and building height.

      (13)   All wireless communication facilities shall be constructed in accordance with all applicable building codes and shall include the submission of a professional soil report from a geotechnieal engineer licensed in the State of Michigan.

      (14)   All wireless communications facilities and support structures shall comply with all landscaping and screening requirements as set forth in Clayton Township § 152.078.

      (15)   All wireless communication facilities shall comply with all Bishop International Airport permit requirements.

      (16)   A maintenance plan and any applicable maintenance agreement shall be presented as part of the site plan for the proposed facility.

      (17)   The minimum setbacks for all new or modified wireless communications facilities shall be as follows:

         (a)   Adjacent to any residential district: the height of the structure plus 25 feet. This setback may be reduced upon determination that no residential use exists or is expected on the adjacent site.

         (b)   Adjacent to any existing or proposed rights-of-way or other publicly traveled roads or non-motorized improved pathways: half of the height of the structure, plus 25 feet.

         (c)   Adjacent to any existing or proposed county road rights-of-way: 500 feet.

         (d)   Adjacent to any nonresidential district: half of the height of the structure, plus 10 feet.

      (18)   Setbacks may be reduced as determined by the Charter Township of Clayton Planning Commission upon demonstration and certification by a registered professional engineer, to the satisfaction of the Clayton Township Engineer, that the wireless communication facility or support structure has a shorter fall zone distance due to self-collapsing. Documentation must be provided that the setback area can accommodate the structure should it fall or break. A reasonable buffer area shall be provided in the event the structure fails.

      (19)   Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to front or side properly lines than 30 feet.

      (20)   The base of the wireless communication support structure and wire cable supports shall be fenced with a minimum 6 foot high fence which is also equipped with barbed or razor wire at the top of the fence.

      (21)   Accessory buildings shall be a maximum of 14 feet high and shall be set back in accordance with the requirements for principal buildings in the zoning district.

      (22)   All wireless communication support structures shall be equipped with an anti-climbing device lo prevent unauthorized access.

      (23)   The plans of the wireless communication support structure construction shall be certified by a registered structural engineer.

      (24)   The applicant shall provide verification that the antennas, mounts, and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.

      (25)   All wireless communication support structures and facilities must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.

      (26)   No part of any wireless communication support structure or antenna shall be constructed, located, or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a wireless communication support structure or antenna be located within 30 feet of a front or side property line.

      (27)   Metal wireless communication support structures shall be constructed of, or treated with, corrosive resistant material.

      (28)   Antenna and metal wireless communication support structures shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations, and standards.

      (29)   Wireless communication support structures with antennas shall be designed to withstand a uniform wind loading as prescribed in the applicable building code.

      (30)   All signals and remote control conductors of low energy extending substantially horizontally above the ground between a wireless communication support structure or antenna and a structure, or between towers, shall be at least 8 feet above the ground at all points, unless buried underground.

      (31)   Wireless communication support structures shall be located so that they do not  interfere with television or radio reception in nearby residential areas.

      (32)   Wireless communication support structures shall be located so there is appropriate clearance for vehicles conducting maintenance to maneuver on the property owned and/or leased by the applicant.

      (33)   Wireless communication support structures shall not be artificially lighted unless required by the Federal Aviation Administration.

      (34)   Existing on-site vegetation shall be preserved to the maximum extent possible.

      (35)   There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.

      (36)   Wireless communication support structures shall be subject to any state and federal regulation concerning non-ionizing electromagnetic radiation. Should additional state or federal regulations be adopted in the future, the wireless communications facility shall be made to conform to the extent required by the standard of the special use. Approval will be subject to revocation by the Clayton Township Planning Commission. Costs for testing and verification of compliance shall be paid by the operator and/or owner of the wireless communications facility.

      (37)   There shall be no employees located on the site on a permanent basis to service or maintain the wireless communication support structure or antenna. Occasional or temporary repair and service activities are excluded from this restriction.

      (38)   Collocation shall be required where deemed feasible by the Charter Township of Clayton:

         (a)   Collocation shall be deemed feasible when the following conditions are met:

            1.   The wireless communications provider or properly owner where co-location is proposed will accept market rent or other market compensation for co-location and the wireless communication provider seeking the facility will pay the rates;

            2.   The site on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support; and

            3.   The collocation being considered is technically reasonable.

         (b)   Newly constructed wireless communications towers shall have a minimum of 3 times the capacity of intended use in order that secondary users may lease remaining capacity of the wireless communications tower.

         (c)   The applicant must include a statement in the application and an affidavit stating space on a proposed tower will be made available to future users when technically possible; and

         (d)   The applicant shall send a written notice via certified mail to all potential users of the new wireless communications tower offering an opportunity for co-location.

            1.   The list of potential users shall be provided by the township based on those entities who have requested approval of wireless communication towers in the past, current FCC license holders, and any other entities requesting to be included on the list.

            2.   The applicant shall accommodate the request for co-location by potential users, unless co-location is not reasonably possible based on the criteria of this section.

         (e)   If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure to accommodate a proposed and otherwise feasible co-location, the facility shall be deemed to be a non-conforming structure and use, and shall not be altered, expanded, or extended in any respect.

         (a)   The wireless communications facility is abandoned. The wireless communication facility shall be deemed abandoned when the facility has not been used for 180 days or longer.

         (b)   New technology is available at reasonable cost, as determined by the Charter Township of Clayton which permits the operation of the communication system without the requirement of the support structure or facility. Clayton Township shall give the wireless communication provider the opportunity to submit information that the facility remains necessary and shall give such information due consideration in rendering a decision.

         (c)   If removal is required pursuant to the provisions of this section, the property owner(s) shall immediately apply for and secure all necessary permits from the Charter Township of Clayton for the demolition or removal of the wireless communications facility and shall restore the property to an acceptable condition as reasonably determined by the Clayton Township Building and Zoning Administrators.

         (d)   If the removal of the wireless communication facility, as determined necessary by Clayton Township officials, is not completed within 180 days after a written notice is provided by Clayton Township to the owner of the facility, Clayton Township may remove or secure the removal of the wireless communications facility with actual costs and reasonable administrative costs to be collected from the security deposit provided by the owner at the time of application for construction of the facility.

      (1)   The Clayton Township Zoning Administrator shall determine whether the application is administratively complete.

      (2)   The application shall be considered administratively complete if the Clayton Township Zoning Administrator does not notify the applicant within 14 business days of submission of the application of any necessary information or fees required to complete the application.

      (3)   The Clayton Township Zoning Administrator shall notify the applicant within 14 business days of the submission of the application if the application is not administratively complete and shall specify the information necessary to make the application administratively complete.

      (4)   The Clayton Township Zoning Administrator shall notify the applicant within 14 business day of the submission of the application if a fee that is required to accompany the application has not been paid and shall notify the applicant of the amount of the fee to be paid.

      (5)   If the applicant is notified by the Clayton Township Zoning Administrator that further information or fees are necessary to complete the application the 14 business day period shall be tolled until the applicant submits to the Clayton Township Zoning Administrator the specified information or fee amount due.

      (6)   Any notice provided by the Clayton Township Zoning Administrator to the applicant requesting further information or fees shall be given in writing or by electronic notification.

      (7)   Any fee required with the application for the installation of the wireless communications equipment subject to the approval of a special land use permit shall not exceed the Charter Township of Clayton's actual, reasonable costs to review and process the application or $1,000.00, whichever is less.

      (8)   The Charter Township of Clayton Planning Commission and the Charter of Clayton Township Board of Trustees shall approve or deny the application for the installation of wireless communications equipment not more than 60 days after the application is considered to be administratively complete.

      (9)   If the application is for the installation of wireless communications equipment that will not be collocated or for the installation of a new wireless communications support structure or tower, the Charter Township of Clayton Planning Commission and the Charter Township of Clayton Board of Trustees shall approve or deny the application within 90 days after the application is considered to be administratively complete.

(Ord. § 3.24, passed 5-22-1997; Am. Ord. 380, passed 9-9-1999; Am. Ord. 380.1, passed 8-17-2000; Am. Ord. 469, passed 5-14-2015)

   Site plan review shall be required for all structures vital to essential services, as defined in § 152.007, excluding structures measuring 6 feet or less in height and/or 100 square feet or less in area. (Example of maximum size excluded:  10 feet by 10 feet by 6 feet).

(Ord. 417, passed 2-9-2006)

   It is the intent of this section to regulate any medical marijuana dispensary, medical marijuana club, compassion club, and medical marijuana growing facility by the following requirements.

   (A)   Operation limitation.

      (1)   A medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall only operate between 8:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 p.m. and 6:00 p.m. Sunday.

      (2)   Medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall comply at all times with each and every provision of the Michigan Marijuana Act of 2008 (M.C.L.A. §§ 333.26421 et seq.).

      (3)   Marijuana or cannabis shall only be grown, manufactured, harvested, or used inside a fully enclosed structure or building that is kept secured with locks to prevent unintended or uninvited access.

      (4)   Persons under the age of 18 years of age are not permitted to be on the premises of any medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility unless they possess a valid medical marijuana registry card issued by the State of Michigan or other state.

      (5)   All employees of a medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall have a valid primary caregiver’s card or valid qualifying patient card issued by the State of Michigan.

      (6)   A facility that is limited to selling or dispensing medical marijuana shall maintain detailed records regarding the growing facility from which it receives its stock of medical marijuana and illustrating lawful connection between the source product grower and the dispensary’s primary caregivers.

      (7)   The owner of a medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility who violates these sections shall be liable for all costs associated with the investigation, prosecution, and enforcement of the violation.

   (B)   Site plan requirements. Any medical marijuana dispensary, medical marijuana club, compassion club, or  medical marijuana growing facility shall submit a site plan for review to the Charter Township of Clayton as set forth in and showing §§ 152.131 through 152.134 and showing compliance with required location limitations as set forth in §§ 152.131(C)(18) and (C)(19), and 152.114(C)(17), (C)(18), and (C)(19) as they apply, and which shall include the following:

      (1)   Security system details which shall include, at the minimum, audible and silent alarms and video surveillance cameras;

      (2)   Details regarding the building electrical system, power demands of specialized lighting and other necessary equipment, and method proposed to prevent excessive heat build-up and risk of fire within the building;

      (3)   Ventilation equipment details, including fresh air intake and filtration of exhaust air to prevent offensive odors from leaving the site;

      (4)   Proposed methods for controlling insects within the building and preventing insects from becoming a nuisance or health hazard off the site; and

      (5)   A description of the operation of the dispensary, growing facility, or club in sufficient detail to permit the Charter Township of Clayton to determine if the operation, as described would be lawful and fully compliant with the Michigan Medical Marijuana Act of 2008 (M.C.L.A. §§ 333.26421 et seq.).

   (C)   Periodic inspections and fees.

      (1)   An application and review fee, as established and from time to time amended by resolution of the Charter Township of Clayton Board of Trustees, shall accompany each application for approval of a medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility.

      (2)   Any approved medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall submit annual permit renewal in amounts set by the Charter Township of Clayton Board of Trustees and from time to time amended by resolution.

      (3)   Any approved medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall submit an annual permit authorizing the Charter Township of Clayton zoning and building inspection and/or law enforcement personnel to make unannounced, periodic inspections for purposes of verifying compliance with all requirements of the Michigan Medical Marijuana Act of 2008 (M.C.L.A. §§ 333.26421 et seq.), this section, and any reasonable conditions placed upon the special land use permit by the Charter Township of Clayton Board of Trustees.

(Ord. 439, passed 11-10-2011)

   (A)   The Michigan Regulation and Taxation of Marihuana Act, being M.C.L.A. §§ 333.27951 et seq. (the "Act") was passed by Michigan voters on November 6, 2018. Pursuant to M.C.L.A § 333.27956.1, the establishment or operation of any and all marihuana establishments are prohibited within the Charter Township of Clayton in all zoning districts.

   (B)   A marihuana establishment shall not be permitted as a home occupation within any zoning district in the township.

   (C)   A marihuana establishment shall be defined as any establishment as set forth in M.C.L.A. § 333.27953.

   (D)   Any marihuana establishment authorized and defined by the Act created or operating prior to the enactment of this section shall be prohibited and shall not be entitled to claim a legal nonconforming

status under any provision of the this Code of Ordinances.

   (E)   The prohibition against the establishment or operation of marihuana establishments in the township shall not interfere with the rights of a person to lawfully possess, transport, or consume marihuana as set forth in the provisions of the Act or any Michigan statute providing for or regulating marihuana for medical use.

   (F)   A person who violates this section shall be responsible for a municipal civil infraction and subject to penalties as set forth in § 150.70 of this Code of Ordinances.

(Ord. 2019-479, passed 5-9-2019)

   (A)   Purpose. The Charter Township of Clayton promotes the use of solar energy as a clean alternative energy source. Commercial and personal use of ground-mounted or structure-mounted solar energy systems will be permitted subject to the regulations set forth herein to protect the public health, safety, and welfare of the residents of the township.

         (a)   A building permit issued by the township Building Department to the parcel owner and/or the owner of a solar energy system shall be obtained as a requisite to the installation of any solar energy system in any township zoning district.

         (b)   A solar energy system site plan and applicable fee pursuant to the township fee schedule shall be submitted by the owner of any parcel upon which a proposed solar energy system will be installed.

         (c)   A solar energy system shall comply with all industry standards, including, but not limited to, the standards set forth by the American National Standards Institute (ANSI).

         (d)   A solar energy system shall comply with all township ordinances.

         (e)   A solar energy system shall comply with all applicable local, state, and federal building codes and shall require the approval of the township Building Official.

         (f)   The installation and inspection of all solar energy systems shall only be performed by properly licensed and certified personnel that are in compliance with all local, state, and federal statutes and regulations.

         (g)   A solar collector racking system shall be constructed from material that is dull or dark in color, non-glossy, and non-reflective and shall not create a nuisance to adjacent properties.

         (h)   The installation of a solar energy system shall not alter the existing parcel topography.

         (i)   A solar energy system shall be installed, maintained, and operated according to the strict directions of the manufacturer. A copy of the manufacturer's instructions on the installation and operation of the solar energy system shall be submitted to the township Building Official with a building permit application.

         (j)   The building permit application for a solar energy system shall be reviewed by all applicable township inspectors.

         (k)   A solar energy system site plan shall provide that all solar panels are properly secured to the solar collector racking system and that the racking system will properly support the solar energy system.

         (l)   A solar energy system shall be comprised of tempered, non-reflective materials and surfaces.

         (m)   The installation of any solar energy system shall not negatively impact adjacent properties, including, but not limited to, additional or excessive storm water runoff or drainage.

         (n)   The noise level for any solar energy system shall not exceed 40 dBA as measured at any property line for the solar energy system.

         (o)   A solar energy system that is damaged and in disrepair shall be repaired to operational condition within 90 days of being damaged or it shall be deemed by township to be abandoned.

         (p)   A solar energy system shall be considered abandoned if it has not operated for a continuous period of 90 days or longer.

         (q)   A solar energy system that is abandoned shall be removed and the structure or parcel shall be restored to its previous condition prior to the installation of the solar energy system within 90 days of the solar energy system deemed abandoned.

         (a)   A building-mounted solar energy system shall be allowed in all township zoning districts subject to a special conditional use permit and all provisions set in §§ 150.150 through 150.152 of this Code of Ordinances.

         (b)   All building-mounted solar energy systems shall only be installed on the roof, wall, or window of an existing structure.

         (c)   All building-mounted solar energy systems shall be permanently attached to the structure.

         (d)   All building-mounted solar energy systems shall not be located within 3 feet of a peak, eave, or valley of the structure.

         (e)   All building-mounted solar energy systems shall be constructed of material and of such a weight that the system is safely supported by the structure and approved by the township Building Official.

         (f)   All building-mounted solar energy systems shall comply with all township building height regulations and shall not project more above the highest point of a roof on the structure that the building-mounted solar energy system will be installed.

         (g)   All building-mounted solar energy systems shall not project higher than the existing building roof line if installed on the wall of a structure.

         (h)   A building-mounted solar energy system shall not exceed a maximum of 40% of the total square feet of the surface of the structure.

         (i)   A building-mounted solar energy system may be attached to a sign and shall not exceed a maximum of 40% of the total square feet of one side of the sign.

         (a)   A ground-mounted solar energy system shall be allowed in all township zoning districts subject to a special conditional use permit and all provisions set forth in §§ 150.150 through 150.152 of this Code of Ordinances.

         (b)   Ground-mounted solar energy systems shall only be installed in rear or side yards and shall not be installed in any parcel setback. The installation of all ground-mounted solar energy systems shall be subject to all township setback ordinances.

         (c)   Ground-mounted solar energy systems shall not exceed 9 feet in height as measured from the ground at the base of the system to the highest point of the system.

         (d)   Ground-mounted solar energy systems shall be subject to and regulated by the township accessory building ordinances.

         (e)   Ground-mounted solar energy systems shall not exceed a maximum of 40% of the total square feet allowed in the township accessory building ordinances.

         (a)   Commercial solar energy systems shall only be constructed in the township Residential Agricultural District (RA) subject to a special conditional use permit and all provisions set forth in §§ 150.150 through 150.152 of this Code of Ordinances.

         (b)   Commercial solar energy systems shall only be constructed on Residential Agricultural District (RA) parcels with a minimum of 20 acres.

         (c)   Commercial solar energy systems shall be subject to all township zoning ordinances, including, but not limited to, setback requirements, screening and landscaping requirements, and all site plan requirements.

         (d)   Commercial solar energy system site plans shall be subject to all requirements set forth in §§ 152.130 through 152.138, site development, in addition to all requirements set forth herein.

         (e)   The site plan for a commercial solar energy system shall include verification that adequate infrastructure exists to transport the electricity generated into the grid system.

         (f)   Commercial solar energy systems shall be installed a minimum of 100 feet from the property line or right-of-way line.

         (g)   Commercial solar energy systems shall be screened from residential dwelling units and/or residential zoning districts as detennined by the township Building Official and the township Planning Commission.

         (h)   All screening and landscaping shall be properly maintained.

         (i)   Power and communication lines in the commercial solar energy system between solar panels may be placed above ground provided that the lines are installed no higher than the top of the system structure.

         (j)   Power and communication lines in the commercial solar energy system to electric substations or interconnections with buildings shall be buried underground unless otherwise approved by the township Planning Commission.

         (k)   If the commercial solar energy system is located within 2 miles of an airport, the applicant must provide approval from the FAA and/or local airport authority for the project.

         (l)   The applicant for a commercial solar energy system and all subsequent owners of the solar energy system or the property on which the solar energy system is installed shall notify the township Building Official in writing within 30 days of any change in the ownership of the property or the solar energy system.

         (m)   The applicant for a commercial solar energy system shall submit a decommission plan for the removal of the commercial solar energy system once deemed abandoned. The decommission plan shall include, but is not limited to, provisions for the removal of all structures, foundations, electrical equipment, internal or perimeter access roads, restoration of soil and vegetation, and evidence that financial resources are available to fully decommission the site.

         (n)   The applicant for a commercial solar energy system shall submit a construction bond to guarantee removal of the commercial solar energy system equal to 125% of the cost to decommission and restore the site if the system is deemed abandoned. The township Planning Commission shall determine the appropriate amount of the construction bond tluough the site plan approval process.

      (1)   Failure to repair or remove a solar energy system within 90 days of the damage or the system being deemed abandoned shall subject the parcel owner and/or the owner of a solar energy system to a township civil municipal civil infraction and all applicable remedies, including fines and costs, as set forth in §§ 150.65 through 150.72 of this Code of Ordinances.

      (2)   A violation of any provision of this ordinance shall subject the parcel owner and/or the owner of a solar energy system to a township civil municipal civil infraction and all applicable remedies, including fines and costs, as set forth in §§ 150.65 through 150.72 of this Code of Ordinances.

(Ord. 2019-483, passed 12-12-2019)