East China Township
City Zoning Code
City Zoning Code
ARTICLE 19
General Provisions
§ 480-61 Accessory buildings and structures.
Each residential lot shall be allowed no more than one private garage, either attached or detached, and one accessory building.
[Amended 10-20-2003 by Ord. No. 280; 12-20-2010 by Ord. No. 305]
In addition, one gazebo may be erected on each residential lot subject to the following conditions:
The maximum height of such gazebo shall be no greater than 14 feet measured to the peak of the roof when such structure is attached directly to the ground and no more than 12 feet when mounted upon a deck, patio, terrace or other such structure. Height shall be measured from the average grade along the building face opposite and generally parallel to the river or canal frontage.
The maximum diameter or width of the structure shall be no greater than 13 feet, not to exceed 170 square feet.
Railings shall be no greater than 36 inches above the surface of the deck and must encircle the entire gazebo except for doorway openings. No more than two doorway openings may be provided.
The surface of the deck shall be no greater than 10 inches above grade.
Storage shall not be permitted.
Review and approval of gazebos in accordance with the above standards shall be the purview of the Building Official. The Zoning Board of Appeals (ZBA) may grant an exception to allow the approval of a gazebo that does not meet the minimum requirements outlined above. In its review of a request to construct such a gazebo, the ZBA may impose restrictions to height, location, area, and other standards to assure that the building does not negatively impact adjacent properties.
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Where the accessory building or use is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main buildings, unless otherwise provided.
Attached residential garages. In no instance shall an attached garage exceed 1,200 square feet.
[Amended 10-20-2003 by Ord. No. 280; 12-20-2010 by Ord. No. 305]
Accessory buildings shall not be constructed as habitable space, nor shall they be occupied.
Exterior access to second story or loft areas shall not be permitted.
Detached accessory buildings, including detached private garages.
[Amended 12-20-2010 by Ord. No. 305; 11-15-2021 by Ord. No. 323]
The floor area of each detached accessory building shall not exceed the following:
Zoning Lot Size (square feet) | Accessory Buildings (square feet) | |
|---|---|---|
Up to 21,780 | 60% of the total lot size or 1,200 square feet, whichever is less | |
More than 1/2 acre up to 2 acres | 1,600 | |
More than 2 acres up to 5 acres | 2,000 | |
More than 5 acres up to 10 acres | 2,500 | |
More than 10 acres | 4,500 |
Accessory buildings are subject to the restrictions of 480 Attachment 1:1, Schedule of Regulations.
Height restrictions.
No detached accessory building in R-1, R-2, R-3, RM-1, RM-2, LB, GB, IRO, OS-1, MC or P-1 Districts shall exceed 15 feet in height, except as otherwise provided.
[Amended 7-17-2000 by Ord. No. 268; 1-7-2013 by Ord. No. 308]
In R-1, R-2 and R-3 Districts, if the roof ridge of the main building is less than 15 feet, the roof ridge of the detached accessory structure shall not exceed the height of the main building.
[Amended 7-17-2000 by Ord. No. 268]
Accessory buildings in I-1 and I-2 Districts may be constructed to equal the permitted maximum height of structures in said districts subject to Board of Appeals review and approval.
Location on lot.
No detached accessory building may be located closer than three feet to any side or rear lot line except as otherwise provided for herein. Setbacks to property lines shall be increased one additional foot for each one foot an accessory building parallel to a lot line exceeds 40 feet in length, and/or taller than the fifteen-foot allowable mean height adjacent to the said property line.
[Amended 11-15-2021 by Ord. No. 323]
Corner lots.
When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required of the lot in rear of such corner lot.
When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, said building shall not project beyond the required side yard setback of the lot in the rear of such corner lot.
Accessory buildings shall not be erected in any minimum side yard setback nor in any front yard. This requirement is subject to the exception for lots having water frontage as set forth in Article 16, Schedule of Regulations, and § 480-80, Lots having river and canal frontage.
[Amended 10-20-2003 by Ord. No. 280]
In no instance shall an accessory building be located within a dedicated easement or right-of-way.
Farm buildings.
Barns, silos and other accessory buildings essential to the operation of a bona fide farm are subject to the setbacks for a main building, except as otherwise provided in this chapter as related to specified uses. Such buildings are considered principal permitted use buildings on any properties directly associated with the farm.
Farm buildings shall also be exempt from size and height limitations imposed upon accessory buildings.
Nothing, however, is stated or implied in exemptions for farm buildings which permits their use for any residential, commercial, and/or industrial uses which are not accessory in nature.
Any accessory building in any residential, business, or office district shall be used only for the storage of motor vehicles, lawn equipment, or other materials or equipment commonly accepted as accessory to the principal use permitted.
Trailer coach (mobile home) parking.
Nonresident owned, temporary. The parking of a trailer coach (mobile home) not owned by a resident of the Township for periods exceeding 24 hours on lands not approved for mobile home parks shall be prohibited, except that the Building Official may extend temporary permits allowing the parking of such a mobile home in a rear yard on private property, not to exceed a period of two weeks.
Resident-owned and stored. Mobile homes owned by residents of the Township and stored on their individual lots shall be allowed for periods exceeding 24 hours with no permit required, provided that such home is stored only within the confines of the rear yard and, further, that its location respects the requirements applicable to accessory buildings in this section insofar as distances from principal buildings, lot lines, and easements are concerned.
For purposes of this chapter, area occupied by a stored mobile home shall be computed as lot coverage and shall not exceed the maximum permitted under Article 16, Schedule of Regulations.
Such resident-owned and stored mobile homes shall not be connected to sanitary facilities and shall not be occupied.
Accessory structures, except where otherwise permitted and regulated in this chapter, shall be located in the rear yard and shall meet the height and setback requirements of an accessory building except as otherwise specified.
Antennas and towers.
Structures such as private television antennas, pole antennas or other private communication antennas, or towers (with wind resistance surface of seven square feet or less) may be located in the rear yard or on a rooftop so long as the height of the antenna or tower does not exceed the height limitation of the district in which it is located and the horizontal distance between its base (or point of secure attachment to a building) and the nearest property line is equal to the height of the structure.
Antennas in R-1, R-2, R-3, RM-1, RM-2, and OS-1 Districts, with wind resistance surfaces over seven square feet, shall be located in the rear yard only and shall be placed in accordance with the requirements governing setbacks and height limitations for accessory buildings. The antenna shall be so located as to minimize its view from adjacent properties and streets.
[Amended 7-17-2000 by Ord. No. 268]
Antennas in LB, GB, MC, IRO, I-1 and I-2 Districts with wind resistance surfaces over seven square feet may be located on a rooftop, provided that the height of the top of the antenna not exceed the height limitation of the district and the location on the roof will obscure visibility from adjacent streets and residential properties as much as possible. A freestanding antenna shall be located in a rear yard or may be located in a side yard if visibility from adjacent streets and properties is obscured.
[Amended 1-7-2013 by Ord. No. 308]
Wind generators may be permitted in a rear yard when the following conditions are met:
The highest point of any portion of the generator shall not exceed 35 feet above the average grade of the rear yard.
The generator device shall be placed no closer to any side or rear lot line than the total distance between the grade of the lot at the base of the tower and the highest point of any portion of the generator.
The construction of the tower, blades, base structure, accessory building, and wiring shall meet all applicable local building codes and ordinances.
Freestanding solar panels shall be considered accessory structures and shall be located in the rear yard and further subject to the setback requirements for accessory buildings.
Heating and/or cooling units located outside of single-family homes shall comply with the following requirements:
A central air-conditioning condenser unit, heat pump, or any other noise-producing mechanical system components which are typically required to be located on the exterior of the house shall be located within three feet of the main building within the rear yard, and clear of side yard setbacks. For a waterfront lot, such components shall be located on the street side.
A central air-conditioning condenser unit, heat pump, or any other noise-producing mechanical system components which are typically required to be located on the exterior of the house may, when conditions make it necessary, be located in the side yard or in any portion of a rear yard and the street yard of a waterfront lot, subject to the following conditions:
Such units shall not be located in any minimum yard setback;
The discharge outlet from such units shall be directed upwards vertically or toward the rear yard;
[3]Such units adjoining a residence shall not be located adjacent to an adjoining property owner’s living or sleeping area where windows or doors are directly exposed to the unit on the side.
[3]
Editor’s Note: Former Subsection P(2)(c), regarding the concealing air-conditioning units from view, was repealed 1-7-2013 by Ord. No. 308.
Outdoor wood-burning furnaces including outdoor wood boilers, hydronic heaters, pellet and corn stoves or furnaces and the like shall be subject to the following:
[Added 1-7-2013 by Ord. No. 308]
A minimum of two acres of land shall be required to install an outdoor wood-burning stove or furnace on a property.
A maximum of one furnace may be permitted on a single parcel for the first 10 acres of land. An additional furnace may be added for each additional 10 acres of land provided.
The furnace shall be installed with all proper permits as obtained from the Township and Construction Code Authority.
The furnace shall not be used to burn refuse, rubber materials (including tires), synthetic rubber, any plastic materials, foam, wood that has been painted, stained or otherwise treated, flammable liquid and gasoline, etc.
All materials used as fuels shall meet manufacturer's specifications.
The height of the chimney shall be a minimum of 10 feet or at least two feet above the height of any ridgeline of an adjacent residence located within 1,000 feet, whichever is greater. If the required height of the chimney is taller than manufacturer's specifications permit, the furnace shall not be permitted.
The unit shall be laboratory tested and listed to comply with appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute).
The unit shall be equipped with an approved and properly functioning spark arrestor.
§ 480-62 Special land uses.
Special land uses are uses which possess unique characteristics that make it difficult to anticipate all of the potential impacts on the site and on surrounding areas. Thus, it may be impractical to include them in a specific use district classification. Furthermore, until sufficient public input is obtained and further study prepared of the specific use, it may be impossible to create controls to sufficiently assure that they do not adversely impact surrounding areas.
The following land uses are considered special land uses:
Outdoor theaters. Outdoor theaters may be permitted within I-1 Districts subject to the following conditions:
The site in question shall be surrounded by an I-1, I-2 or IRO Zoning District or some combination thereof.
Outdoor theaters shall abut directly upon a major thoroughfare of not less than 120 feet of right-of-way.
Points of ingress and egress shall be available to the outdoor theater only from abutting major thoroughfares of not less than 120 feet of right-of-way width and shall not be available from any residential street.
All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.
The proposed internal design shall receive approval from the Building Official and the Township Engineer as to adequacy of drainage, lighting, screening, and other technical aspects.
Radio, television, public utility towers. Radio and television towers, public utility microwaves and public utility television, transmitting towers, and their attendant facilities may be permitted in I Districts subject to the following conditions:
The site in question shall be surrounded by an I-1, I-2 or IRO Zoning District or some combination thereof.
Said use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of said tower to all points on each property line.
The proposed site plan shall receive approval from the Township Engineer as to adequacy of drainage, lighting, general safety, and other technical aspects.
Kennels. The raising of any fur-bearing animals or the operation of a commercial kennel may be permitted subject to the following conditions:
Landfill and dumping operations.
The use of land for filling or dumping, earth, sand, gravel, and putrescible or nonputrescible waste materials, not in connection with general farming, agricultural, horticultural, or landscape activities, shall comply with the provisions of all other Township ordinances relevant thereto and only within an I-2 District.
Landfill and dumping operations on properties formerly constituting the bed of the St. Clair River shall be subject to the rights of Act No. 59, PA 1995 (MCLA § 324.30101 et seq.), the public, and abutting riparian owners.
[Amended 4-19-2004 by Ord. No. 285]
Uses not otherwise included within a specific zoning district. Uses may be proposed which are not specifically identified within a particular zoning district. In such instances, the zoning administrator may make a determination that a use is similar and no more objectionable to another use within a district that is specifically mentioned. If, in the opinion of the zoning administrator, a proposed use is not similar to an already permitted use, it will be deemed a special land use, and the Planning Commission will have the authority to apply such standards and conditions as deemed necessary to assure the health, safety and welfare of adjacent areas.
Procedure.
Upon filing of an application and submittal of a site plan, the Township shall set a date for a public hearing in accordance with § 480-92, Public hearings. Such public hearing shall be held by the Planning Commission.
After receiving public comment, the public hearing shall be closed and the Planning Commission shall review the submitted special land use request. After undertaking such study and review as deemed necessary, the Planning Commission shall make a recommendation to the Township Board.
The Planning Commission may include conditions as a part of its recommendations to the Township Board. Such conditions shall meet all of the following requirements:
Be desired to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.
Be necessary to meet the intent and purpose of this chapter, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
Upon receiving the recommendations of the Planning Commission, the Township Board shall make a decision to approve, approve with conditions, or deny a special land use request.
§ 480-63 Landscaping.
For any development other than a single-family residence, a detailed planting plan (landscape plan) shall be provided for any yard abutting a street and for any areas requiring a greenbelt or plantings by this chapter. Such plans shall be submitted for review and approval by the Planning Commission prior to the issuance of a building permit and shall be prepared in accordance with the following:
Planting plan specifications.
Minimum scale of one inch equals 50 feet.
Existing and proposed grades at a contour interval not to exceed two feet.
The planting plan shall indicate, to scale, the location, spacing and starting size for all proposed landscape material within the required greenbelt or landscaped area.
Typical straight cross section, including slope, height and width of berms and type of ground cover or height and type of construction for all proposed walls, including footings.
Significant construction details to resolve specific site conditions, e.g., tree wells to preserve existing trees, culverts to maintain natural drainage patterns.
Planting and staking details in either text or drawing form to insure proper installation and establishment of proposed plant materials.
Planting plans shall be prepared by a registered or degreed landscape architect or by a company with membership with the Michigan Association of Nurserymen.
Plant material sizes and spacing.
Plant materials shall not be placed closer than four feet from the fence line or property line.
Where plant materials are planted in two or more rows, plantings shall be staggered in rows.
Evergreen trees shall have a starting size of at least six feet in height. When planted in informal groupings, they shall be spaced not more than 20 feet on center. When planted in rows, they shall be spaced not more than 12 feet on center.
Narrow evergreens shall have a starting size of at least four feet in height. When planted in informal groupings, they shall be spaced not more than 10 feet on center. When planted in rows, they shall be spaced not more than five feet on center.
Large deciduous trees shall have a minimum starting size of 2 1/2 caliper inches. They shall be planted not more than 30 feet on center when placed in informal groupings.
Small deciduous trees shall have a minimum starting size of at least two caliper inches. They shall not be spaced more than 15 feet on center when placed in informal groupings.
Large shrubs shall have a starting size of at least 30 inches in height. They shall be placed not more than six feet on center when placed in informal groupings and not more than four feet on center when planted in rows.
Small shrubs shall have a starting size of not less than 24 inches in height or spread and be planted not more than four feet on center.
Plant Materials: Spacing and Sizes Maximum Spacing (feet) | ||||
|---|---|---|---|---|
Type of Plant Material | Grouping | Rows | Minimum Starting Size | |
Evergreen trees | 20 | 12 | 6 feet high | |
Narrow evergreen trees | 10 | 5 | 4 feet high | |
Large deciduous trees | 30 | – | 2 1/2 inch caliper | |
Small deciduous trees | 15 | – | 2.0 inch caliper | |
Large shrubs | 6 | 4 | 30 inches high | |
Small shrubs | 4 | 4 | 24 inches high | |
Greenbelts shall be planted in a manner to insure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved. The ultimate size of plant material shall be such to insure adequate maturity and optimum screening effect of proposed plant materials.
The Planning Commission shall consider the choice and selection of plant materials to insure that root system will not interfere with public utilities and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners.
The relationship between deciduous and evergreen plant materials shall be such that a maximum obscuring effect will be maintained throughout the various seasonal periods.
The following table lists some plant material that may be acceptable for use in the Township. The list is not intended to be all-inclusive but rather suggests certain material which is commonly suitable for landscaping purposes.
Plant Material Type | Suggested Plant Materials | |
|---|---|---|
Evergreen trees | Juniper, Hemlock, Pine, Spruce, Douglas Fir, Fir | |
Narrow evergreens | Columnar Honoki Cypress, Blue Columnar Chinese Juniper, Pyramidal Japanese, Pyramidal White Pine, Columnar Giant Arbor-Vitae, Hicks Yew, Douglas Arborvitae, Swiss Stone Pine | |
Large deciduous trees | Oak, Linden, Hackberry, Hop Hornbeam, Ginkgo (male), Hard Maples, Sweet Gum, Honey Locust (thorn less), Birch, Beech, Sycamore, Ash (seedless), Bradford Pear | |
Small deciduous trees | Hornbeam, Service berry, Mountain Ash, Hawthorn, Magnolia, Redbud, Rose of Sharon, Flowering Crabs, Flowering Dogwood | |
Large shrubs | Honeysuckle, Mock-orange, Buckthorn, Pyracantha, Mugo Pine, Lilac, Euonymus, Ninebark, Bayberry, Savin Juniper, Viburnum, Forsythia, Sumac, Flowering Quince, Cotoneaster (Pekin, Spreading), Hazelnut, Border Privet, Pfitser Juniper, Yew | |
Small shrubs | Regal Privet, Potentilla, Dwarf Mugo Pine, Low Spreading Junipers (Hughes, Tamarix, etc.), Cotoneaster (Cranberry, Rockspray), Fragrant Sumac, Compact Burning Bush, Spreading Yews, Japanese Quince, Big Leaf Winter Creeper | |
Trees not suggested | Box Elder, Poplars, Elms, Willows, Horse Chestnut (nut bearing), Catalpa, Red Maple, Silver Maple, Tree of Heaven, Cottonwood |
Parking lot landscaping.
In an IRO, I-1 or I-2 District, one tree for each 4,000 square feet of the total of the paved driveway and parking lot surface shall be provided.
In all other districts, one tree shall be required for each 3,000 square feet of paved driveway and parking lot surface, provided that no less than two trees are provided.
Trees shall be distributed evenly throughout the parking area, and each tree shall be provided with an open land area of not less than 150 square feet to provide area for infiltration and with a minimum diameter of six feet at the trunk of the tree for protection.
A sprinkler irrigation system shall be installed.
[Amended 10-20-2003 by Ord. No. 280]
Tree plantings shall also be protected from automobiles with curbing or other suitable device.
In a P-1, OS-1, MC, LB or GB District, when a parking area abuts a residential district, a row of large deciduous trees shall be provided on the nonresidential side of a required wall or berm. Such trees shall be located in a lawn panel with a minimum width of 10 feet as measured from the property line.
[Amended 1-7-2013 by Ord. No. 308]
Maintenance. Landscaped areas and plant materials required by this chapter shall be kept free from refuse and debris. Plant materials, including lawn, shall be maintained in a healthy, growing condition with a neat and orderly appearance. If any plant materials required by this chapter die or become diseased, they shall be replaced within 30 days of written notice from the Township or within an extended time period as specified in said notice.
Timing. The landscaping shall be planted within six months from the date of completion of the building or improvement, and shall thereafter be reasonably maintained with permanent plant materials to provide the necessary affect. Final certificate of occupancy shall be withheld until plantings have been installed and approved. A temporary certificate of occupancy may be issued in the interim.
§ 480-64 Obscuring walls and landscaped berms.
For those zoning districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall or landscaped berm as required below, unless otherwise determined by the Planning Commission under Subsection H below. In any instance, a berm of equal height may be substituted for a wall, if desired. Furthermore, the Planning Commission may require the use of a berm rather than a wall.
[Amended 7-1-2013 by Ord. No. 308]
District or Use | Height (feet) | |
|---|---|---|
RM Districts (adjacent to one-family residential districts) | 4.5 to 6.0 | |
P-1 | 4.5 | |
OS-1, LB, GB and MC Districts | 4.5 to 6.0 | |
IRO, I-1 and I-2 Districts | 5.0 to 8.0 | |
Off-street parking and circulation (other districts) | 4.5 | |
Storage areas | 5.0 to 10.0 | |
Hospital ambulance and delivery areas | 6.0 | |
Utility buildings, stations or substations | 6.0 |
The height of a wall or berm shall be measured from the surface of the parking area or land on the nonresidential side of the wall or berm.
In the case of a variable wall or berm height as noted above, the extent of obscuring wall or berm shall be determined by the Planning Commission on the basis of land usage, provided, further, that no wall or berm shall be less than the above required minimum, nor greater than the above required maximum.
In those instances where the border between districts or uses requiring a wall or berm is a major or secondary thoroughfare, a landscaped greenbelt may be substituted for the wall or berm adjacent to the thoroughfare.
Required walls shall be located along the lot line except in the following instances:
Where underground utilities interfere.
Where a landscaped street yard is required, the wall shall be placed along the setback line.
Required walls may, upon approval of the Planning Commission, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Planning Commission in reviewing such request.
Required berms shall be constructed as landscaped earth mounds with a crest area at least four feet in width.
The exterior face of the berm shall be constructed as an earthen slope.
The interior face of the berm may be constructed as an earthen slope, or retained by means of a wall, terrace, or other means acceptable to the Building Official.
Whenever an earthen slope is provided, it shall be constructed with an incline not to exceed one foot of vertical rise to three feet of horizontal distance.
Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected with a straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established. The straw mulch is not required if the seeded slope is protected by a net that is specifically designed to control erosion.
The berm area shall be planted with shrubs, trees and lawn and shall be maintained in a healthy, growing condition.
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In those instances where the following conditions occur, the wall or berm may be waived by the Planning Commission:
The abutting or adjacent land is proposed on the Township Master Plan of Land Use as a use other than residential.
The abutting or adjacent land is developed for a use other than residential.
The Planning Commission determines that the abutting or adjacent residential district will become nonresidential in the future.
The abutting or adjacent residential district has physical characteristics which preclude the necessity of a wall or berm. Such conditions include but are not necessarily limited to:
Walls and berms shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter or approved by the Planning Commission. Masonry walls may be constructed with openings, above three feet in height which do not in any square section (height and width) exceed 20% of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the Building Official.
All walls herein required shall be constructed of face brick or comparable nonporous facing materials on the exterior sides facing a residential district and shall be approved by the Building Official to be durable, weather-resistant, rustproof and easily maintainable; and wood or wood products shall be specifically excluded. The top of the wall shall be finished or capped to provide positive drainage.
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The Planning Commission may require that a wall be varied in height or stepped to match adjacent existing walls or to assure that adequate sight distance is assured, provided that in no instance shall a required wall or berm be permitted to be less than 30 inches in height.
§ 480-65 Corner clearance.
No fence, wall, shrubbery, sign or other obstruction to vision above a height of two 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 said right-of-way lines at a distance along each line of 25 feet from their point of intersection, nor shall such obstruction to vision be permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular area formed at such intersection by a straight line drawn between the driveway or alley line and the street right-of-way line at a distance along each line of 15 feet from their point of intersection. In those instances where such triangular area cannot be constructed on the property in question, a fifteen-foot setback shall be required between the property line and the driveway or alley.
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§ 480-66 Residential entranceway structures.
In all residential districts, so-called entranceway structures, including but not limited to walls, columns, and gates, marking entrances to single-family subdivisions or multiple-housing projects, may be permitted and may be located in a required yard, except as provided in § 480-65, Corner clearance, above; provided that such entranceway structures shall comply to all codes and ordinances of the Charter Township of East China, be approved by the Building Official, and a permit issued.
§ 480-67 Exterior lighting.
Outdoor lighting used to illuminate the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts, uses or streets.
Outdoor lighting shall be directed toward and confined to the ground area of lawns or parking lots.
All lighting of nonresidential uses for the external illumination of buildings, so as to feature said buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.
Illumination of signs and any other outdoor features shall not be of a flashing, moving, or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.
Lighting standards shall not exceed the maximum height limitations established for each district as set forth in Article 16, Schedule of Regulations.
§ 480-68 Waste receptacles.
A space for the location of waste receptacles shall be provided for each business, office, multiple-family or industrial use. A space for waste receptacles shall be provided whether or not their use is intended. Waste receptacles and enclosures may be permitted as accessory to any use except one-family residential. The provisions of § 480-61, Accessory buildings and structures, and the following conditions shall apply:
Waste receptacles must be clearly accessible to servicing vehicles.
A concrete pad with a minimum dimension of nine feet by six feet shall be provided.
Waste receptacles shall be screened on all sides. Such screening shall be constructed of an earth mound, brick or decorative concrete block material with a minimum height of six feet or one foot above the height of the enclosed dumpster, whichever is greater. Access gates must provide screening and may be of wood construction.
Waste receptacles and their screening enclosures shall be located as far from single-family residential districts as practical.
The location of waste receptacles shall be indicated on the site plans, and the location and screening shall be subject to approval of the Code Enforcement Officer, or of the Planning Commission when the Planning Commission reviews the site plan.
Detail drawings or a note shall be provided on the plan to assure that the above requirements are met.
§ 480-69 Access management.
The standards of this section are intended to promote safe and efficient travel within the Township; minimize disruptive and potentially hazardous traffic conflicts; separate traffic conflict areas by reducing the number of driveways; protect the substantial public investment in the street system; and to ensure reasonable access to properties, though not always by the most direct route. The following standards shall apply to all uses except residential developments involving less than five dwelling units. However, if it appears that there would be unusual difficulty encountered in meeting these requirements because of grade changes, existing or proposed intersections, driveways, bridges, or other land restrictions, the Planning Commission, upon recommendation of the Township Engineer, may waive or modify the requirements of this section.
Acceleration-deceleration-passing lanes.
Driveways providing ingress and egress to all two-lane, paved major thoroughfares shall be provided with paved acceleration and deceleration lanes and passing lanes.
Driveways providing ingress and egress to all three-lane, paved major thoroughfares shall be provided with paved acceleration and deceleration lanes.
Driveways providing ingress and egress to roads of four or more lanes shall be provided with paved tapers or turning lanes.
Required lanes or tapers shall be indicated schematically on the site plan and shall be constructed in accordance with the standards for such facilities as established by the Township Engineer.
Alternative means of access. To reduce the number of curb cuts to the Township’s major thoroughfares, alternative means of access shall be encouraged in general. In such cases the following alternative means of access may apply:
Shared driveways. Sharing or joint use of a driveway by two or more property owners shall be encouraged. The shared driveway shall be constructed along the midpoint between the two properties. If a written easement is provided which allows traffic to travel across one parcel to access another, or access the public street, the driveway can be located entirely on one parcel.
Marginal access roads. In cases where a marginal access road exists, is recommended in a plan adopted by the Planning Commission and/or is proposed in an approved site plan for an adjoining lot or parcel, access shall be provided via such road, rather than by direct connection to the major thoroughfare. In areas where marginal access roads are planned, but adjacent properties have not yet developed, the site shall be designed to accommodate a future road. In such instances, the Planning Commission may temporarily grant individual parcels a direct connection to the adjacent major thoroughfare. A performance bond or other financial guarantee must be provided which assures elimination of the temporary access upon completion of the road. Occupancy permits shall not be issued until such financial guarantee has been submitted to the Township.
Parking lot connections. All parking lots shall be designed in such a way as to allow for a connection to the parking lot of an existing or future use. Such connection shall be a minimum of 20 feet in width and shall be set back a minimum of 30 feet from the planned future right-of-way of adjacent roads.
§ 480-70 Grade conformance.
Where there is existing development in the area or where the adjacent lands are subdivided, the grades about the new development or construction shall be set to conform to the grades of abutting existing development or subdivisions.
§ 480-71 Fences.
[Amended 10-20-2003 by Ord. No. 280]
The issuance of an approved fence permit shall be required prior to construction of a new fence. Fences shall not be subject to the provisions of this section if they have a height of two feet or less. For the purposes of this section, a fence is any man-made structure.
Process.
Application for a fence permit shall be made on forms provided by the Township.
The Building Official shall examine all applications for fence permits and if it appears that the application complies with all of the provisions of this chapter, does not appear to violate any other applicable law, and all applicable fees have been paid, a fence permit shall be issued to the applicant.
The applicant shall notify the Building Official or his designee when the fence has been completed, and the Building Official or his designee shall examine the construction to assure that it complies with the standards of this chapter and the issued permit.
Any permit granted under this section shall become null and void after six months from the date such permit is granted.
General requirements.
Razor and barbed wire. The use of razor wire is not permitted on any fence in any use district. Barbed wire may only be placed on fences in nonresidential districts when constructed inward of the fence. Barbed wire may be permitted in residential districts when necessary for the keeping of animals on land used for agricultural purposes.
Fences conducting electric current. Fences on residential lots of record shall not conduct electric current or contain a charge of electricity except when necessary for the keeping of animals on land used for agricultural purposes. The use of subterranean electrical devices for the containment of animals is permitted.
Unless otherwise provided for in this chapter, fences (as defined in this chapter) shall not be permitted in a front yard. The Township Building Inspector may permit the installation of a fence in a front yard when the following conditions are met:
Except for otherwise provided in this chapter, a fence shall not exceed a height of 36 inches.
For lots with frontage on the St. Clair River, a fence may be permitted in the yard between a residence and a road subject to the following:
A fence with a maximum height of 48 inches may be permitted, except that such a fence shall be set back a minimum distance of 20 feet from any road right-of-way.
A fence no greater than 36 inches in height may be permitted up to the road right-of-way.
The fence shall be constructed in such a manner that it has a minimum of 25% open unobstructed surface area, viewed from a ninety-degree angle.
Shrubs, plants or hedges are not considered to be a fence and there is no limitation on their height between the house and the road.
The fence shall be constructed in such a manner that it has a minimum of 73% of open unobstructed surface area, such as a split rail fence, viewed from a ninety-degree angle.
Steel posts and wire mesh are not permitted in any front yard.
Residential districts.
Unless otherwise provided in this chapter, fences on all lots of record in all residential districts shall not exceed a height of six feet measured from the surface of the ground.
Parks, playgrounds, or public areas. Fences which enclose public or institutional parks, playgrounds, or public landscaped areas situated within an area developed within recorded lots shall not obstruct vision to an extent greater than 25% of their total area. Such fences may be permitted to a height not to exceed eight feet.
Fences on lots having water frontage. In addition to the standards of Subsection B(3) above, the following standards shall apply to lots having water frontage:
St. Clair River. Fences and hedges on lots with frontage on the St. Clair River shall not be allowed in the yard abutting the river.
Belle and Pine Rivers. Fences on lots with frontage on the Belle River and Pine Rivers shall be subject to the following conditions:
§ 480-72 Site plan review.
The requirements set forth herein are intended to provide guidelines to foster understanding between the developer and the Township and its representatives. In this way, the Township will be given sufficient detail to assure compliance with its plans and ordinances and the preparation, submission and review of site plans will be expedited.
Review and approval is required before a building permit may be issued for the construction of all structures and uses proposed in the Township. Review and approval authority is as follows:
Administrative review and approval of a plot plan by the Building Official (see Article 22, Administration and Enforcement) is required before a building permit may be issued for the following:
Review and approval by the Building Official and review and approval by the Zoning Board of Appeals is required before a permit may be issued for any temporary structure or use.
The Building Official can, at his or her discretion, require review and recommendation by the Planning Commission of any item that would be otherwise approved administratively.
No site plan shall be approved until same has been reviewed by the Township Planner and Township Engineer for compliance with the standards of the respective departments.
In the process of reviewing the site plan, the Planning Commission shall, at a minimum, consider the following:
One-family residential development on the basis of a subdivision.
The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.
The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure:
The Planning Commission may further require landscaping, fences, and walls in pursuance of these objectives, and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
Application for site plan review.
In order to be placed on the Planning Commission agenda, an application for site plan review, with all requisite material, shall be delivered to the office of the Township Clerk not less than 15 days in advance of a regularly scheduled Planning Commission meeting.
Content of application. The application shall include:
The legal description of the land involved, the street address and the item number assigned on the St. Clair County Property Description Maps. If separately described parcels of land owned by more than one party are involved, then all the information required in this and the following subsections shall be separated and supplied as to each individual parcel.
The purpose of the proposed site development.
The name(s) of the owner(s) of the fee simple legal and equitable title to the land, and current address and telephone number of same, and if an artificial entity, the name, address, and telephone number of natural person who is the legal representative.
Eleven copies of the following shall be submitted:
An area map showing the site location relative to the section, major thoroughfares, public lands, and abutting uses and property lines. The area map shall be drawn on a separate sheet either 8 1/2 x 11 inches or 11 x 15 inches, and one reproducible transparency shall be provided.
Plans and data displaying the characteristics of the site and its surroundings (see Subsection F, Characteristics of site and surroundings, as follows).
Plans and data displaying the proposed developed condition of the site, including topographic alterations, improvements, facilities and structures (see Subsection G, Preliminary site plan requirements). The site plan shall show complete and detailed information with exact dimensions which, when approved by the Planning Commission, shall be understood to represent a firm commitment, and from which actual site development shall not deviate expecting upon approval by the Planning Commission of a revised site plan.
Characteristics of site and surroundings. The following information displaying the characteristics of the site and its surroundings shall be provided:
Property survey. There shall be supplied a property survey, presented on a drawing at suitable scale, signed and sealed by a registered land surveyor with notation of the date of survey. The property survey information may be presented on the required topographic survey drawing. If on a separate drawing, the property survey shall be submitted in 11 legible copies, one of which shall be a clearly reproducible film transparency.
Topographic survey. There shall be supplied a topographic map, made, signed, and sealed by a registered land surveyor or a civil engineer licensed to practice in the State of Michigan. Accurate photogrammetric surveys made under the direction of and verified by a registered land surveyor or civil engineer and with supplemental details and data added by one of the foregoing will be acceptable, and shall include:
Scale and sheet size. The topographic survey shall be presented on plan or map drawn to a standard engineer’s scale not smaller than 50 feet to one inch. Plan sheets shall be not larger than 30 inches by 42 inches. Additional matching sheets shall be used if the area covered at the scale used exceeds the thirty-inch-by-forty-two-inch size.
Datum. All elevations shall be on USC & GS datum.
The topographic map shall be drawn true to scale throughout and shall show at least the following information:
The surface configuration and elevation of the land and all abutting streets, highways, and alleys.
All existing structures on the site and on abutting property within such distance beyond the property lines as the topographic map is required to extend as herein provided for various sizes and types of sites. The dimensions, type of construction, and use of each structure shall be noted.
All single trees having a trunk diameter of six inches or more at six feet above the ground shall be shown and identified. Wooded areas shall be delineated by symbolic lines tracing the spread of outermost branches and shall be described as to the general sizes and kinds of trees contained.
All watercourses, including defined intermittent drainage lines, shall be located and identified as to character and size.
All bridges and culverts which provide passage of stormwater onto or away from the site, under abutting roads, shall be shown with details of sections, length and elevation listed.
All recorded easements across the site shall be shown, as shall all evidences of possible unrecorded easements such as existing roadways, pipelines, pole lines, etc.
The details of improvements of abutting streets and thoroughfares shall be shown, including width and kind of surfacing, curbs, shoulders and ditches (all with all dimensions and elevations requisite to provide a clear definition of existing conditions). Trees or planting within street or highway right-of-way shall be shown.
All existing roadways or driveways entering abutting streets or thoroughfares from the site, or from adjoining land within the limits of survey overlaps hereinafter listed, and all streets, roadways, or driveways entering the opposite sides of abutting streets or highways within the same limits shall be delineated on the map.
The use of properties on the opposite side of abutting streets or thoroughfares and of all properties abutting the site shall be noted on the map.
Where abutting thoroughfares have been officially designated for eventual widening, the existing center line and the proposed future right-of-way lines shall be shown.
All existing utilities, including storm and sanitary sewers, water mains, gas mains, electric, and telephone lines located in streets, alleys, or easements abutting the site shall be identified and shown in their true locations and the locations dimensioned in relation to right-of-way or easement lines. All visible utility structures, including manholes, wells, shutoff boxes and catch basins, shall be shown in their true locations. Field measured elevations of flow lines of storm and sanitary sewers shall be shown. Known proposed utility lines shall also be shown and identified.
The extent and type of topographic survey and map shall be as follows:
For a site of not more than three acres, excluding the existing right-of-way of any undedicated thoroughfare and the declared future right-of-way of any existing thoroughfare, the survey and map shall extend to a distance of at least 15 feet beyond the lines between the site and abutting properties and shall cover abutting streets or thoroughfares to distances not less than 30 feet beyond the limits of the site.
For a site of more than three acres and not more than 10 acres, excluding the existing right-of-way of any undedicated thoroughfare and the declared future right-of-way of any existing thoroughfare, the survey and the map shall be extended at least 40 feet beyond the lines of abutting properties and shall cover abutting streets or thoroughfares to distances of not less than 100 feet beyond the limits of the site.
For a site of more than 10 acres, the survey and map shall be extended at least 100 feet beyond the lines of abutting properties and shall cover abutting streets or thoroughfares to a distance of not less than 200 feet.
Surface configuration of the surveyed area shall be shown by contours which shall be at elevation intervals as follows:
Rate of Slope of Surface | Maximum Contour Interval | |
|---|---|---|
Up to 3 feet in 100 feet | 1.0 feet | |
Between 3 feet and 20 feet in 100 feet | 2.0 feet | |
Greater than 20 feet in 100 feet | 5.0 feet |
Contour elevations shall be identified at sufficiently frequent intervals to make the map readily comprehensible. At each of the listed contour intervals, every fifth contour shall be accented. Elevation in figures shall be noted at highest points within hilltop contours, at lowest points within depression contours, and at control points between equal contours denoting “saddle” formation. Within street and thoroughfare rights-of-way, contours shall be supplemented by noting in figures the elevation of all controlling points.
Preliminary site plan requirements.
A site plan shall be prepared by a registered architect, registered civil engineer, registered community planner, registered land surveyor, or registered landscape architect (licensed to practice in the State of Michigan).
The site plan shall be prepared at the same scale and in the same sheet arrangement as the topographic map, so as to permit ready comparison.
Each sheet of the site plan shall show a North arrow and a notation of the drawing scale. The principal sheet of the plan shall show a graphic scale as well as scale in figures.
The name of the proposed development and the name and address of the proprietor or responsible developer shall appear on each sheet of plan. Each sheet of plan shall bear a drawing number and date of completion.
Any drawing altered after initial submission to the Planning Commission shall bear notations stating the date and nature of each revision.
The survey dimensions of the site shall be shown on the site plan.
All abutting thoroughfare and street rights-of-way with center line indicated, and all existing street improvements which will be undisturbed by the site development, shall be reproduced on the site plan.
All dividing lines between abutting properties shall be shown to a distance of at least 20 feet from the boundaries of the site, and all topographic survey information relative to abutting properties shall be reproduced on the site plan for a distance of at least 15 feet beyond the limits of the site.
The plan shall be completely dimensioned and shall be specific relative to data presented.
A statement of density projected for site, including the number of total rooms and/or dwelling units projected for site eligible for computation of density.
A statement, with all computations included, indicating usable area for the computation of off-street parking needs, and the proposed number of spaces provided. The parking layout shall be fully dimensioned.
Structure dimensions and locations.
Each structure shall be completely dimensioned in plan or, alternatively if the structure outline involves many offsets or jogs, the plan may show rectilinear envelope within which the structure will be totally contained. If the latter alternative is adopted, spacing between envelopes, property boundaries, roadways, and other features shall be not less than the minimum spacing for structures in the same circumstances.
The location and orientation of each structure (or structure envelope) shall be positively fixed on the plan by dimensions and directions.
Dimensioned floor plans and building elevations.
Final site plan requirements. In addition to all items outlined above for submittal with a preliminary site plan, the following shall be submitted on or with a final site plan:
On a separate sheet, the following details shall be superimposed on the site plan:
Finished elevations of grading and paving shall be calculated to provide adequate slopes for surface drainage, and all control elevations shall be shown to 0.01 foot.
On-site roadways, if any, shall have all controlling elevations shown to 0.01 foot and shall be completely dimensioned as to location, direction, and geometries.
The storm drainage system shall be shown in specific location on the plan, with catch basins, manholes, and deflection points in ditches (if any) positioned by dimension. Controlling flow line elevations shall be shown.
On-site water mains, if any, shall be shown in specific location on the plan, with valves, fire hydrants, deflections in line, any special appurtenances, and service connection locations positioned by dimensions.
On-site sanitary sewers, if any, shall be shown in specific location on the plan, with manholes and building sewer connection locations positioned by dimensions. Controlling flow line elevations shall be shown.
Dimensioning systems.
The position of a single structure on a site may be identified by dimensions from the boundary lines of the site. Roadways, parking areas, drainage lines and utility connections may be dimensioned with respect to the structure or to site boundaries, as may appear most useful. In either system, the closest approach of any of these features to the structure or to any site boundary shall be dimensioned.
In multiple-structure developments where the structures are placed in a totally rectangular arrangement, paralleling one site boundary line, structure positions may be identified by dimensions from the site boundaries and dimensions between structures. In such case, a reference line, in a convenient location either parallel with or normal to the controlling boundary, shall be shown on the plan and shall be monumented and preserved on the site as a means of locating and verifying the locations of structures and other features of the development. Roadways, parking areas, and utility lines and utility service connections may be dimensioned from this reference line, and from structures. The closest approach of any of these features to a structure, or to a boundary of the site, shall be dimensioned.
In large or complex developments, particularly where the arrangement of structures, roadways or utilities is not essentially rectangular, the site plan shall be controlled by a rectangular coordinate system, with north-south and east-west axis oriented in conformity with the bearings of the site boundary survey. The origin of coordinates shall be selected so that all of the site and abutting streets shall lie in the northeast quadrant (having positive coordinates) in the coordinate system.
Structures (or structure envelopes) shall be positioned by noting the coordinates of at least one corner, with the directions of exterior lines indicated by bearings. (One bearing, only, will suffice for a rectangular structure.)
Control points of roadways shall be positioned by coordinates. Roadway tangents shall have bearings and lengths noted. Roadway curves shall be tangent circular curves, with radius, central angle, and arc length noted.
Parking area control points shall be positioned by coordinates, and parking area orientation shall be shown by bearings.
Points controlling location of utility lines shall be positioned by coordinates and bearings, and lengths of lines between coordinates shall be noted; excepting that where utility lines parallel roadways or structures they may be dimensioned from the roadway or structure.
Points of closest approach of structures to structures, or of structures, roadways, utility lines, parking areas, or site boundaries to each other shall have calculated dimensions noted wherever the separation does not clearly exceed the permissible minimum.
Monuments shall be placed and maintained on the site at intersections of principal coordinate lines, at intervals not exceeding 400 feet, to facilitate correct layout of the development and checking of construction for conformity to plan.
The coordinate system may be applied to developments of relatively minor size and complexity at the developer’s option.
Approval process.
At the discretion of the applicant, site plans maybe submitted for review by the Planning Commission in a two-step process: preliminary and final. A preliminary submittal allows a developer to submit a less detailed plan to the Planning Commission than would otherwise be required for final plan approval and thus forgo some expense should plan revisions be required. Approval of a preliminary site plan by the Planning Commission shall remain firm for a period of one year. If a final plan is not submitted within that time, preliminary approval shall be null and void. However, at the request of an applicant, the Planning Commission may grant a six-month extension.
Approval of a final site plan by the Planning Commission shall remain firm for a period of one year, during which construction of the development covered by the plan shall be initiated and carried on with reasonable diligence.
Approval null and void with abandonment.
If construction is not initiated within one year from the date of approval of the site plan, such failure shall be considered abandonment of the plan and shall render its approval null and void.
If construction, once started under an approved site plan, is discontinued for a period of one year, the undeveloped portion of the plan shall be considered abandoned and its approval shall be null and void.
If extended approval is desired for a site plan upon which construction is not started within one year or for the uncompleted portion of a site plan upon which work has been discontinued for one year, a new application shall be made to the Planning Commission who will reconsider the plan in the light of regulations and conditions then existing. The duration of any extension of approval granted by the Planning Commission shall be determined by the Planning Commission, but in no case shall be more than one year, for any one extension.
Fees for review of site plans shall be established by a resolution of the Township Board.
§ 480-73 Engineering and inspection requirements; deposit; construction permit.
Engineering plans and inspections. Subsequent to site plan approval, and before any construction proceeds, complete engineering plans and specifications for construction of storm sewers and drains, sanitary sewers, water mains, roads, and parking area improvements, all conforming to East China Township standard requirements, shall be submitted for review and approval by the Township and, when required, by county and state agencies.
Inspection deposit; construction permit. Construction of any of the above improvements shall not be commenced until the requisite deposit to cover inspection costs has been paid to the Township and a Township construction permit is issued.
§ 480-73.1 Personal wireless service facilities.
[Added 11-6-2006 by Ord. No. 293]
Purpose and intent. It is the general purpose and intent of the township to carry out the will of the United States Congress by authorizing communications facilities needed to operate personal wireless service (PWS) systems. It is further the purpose and intent of the township to provide for such authorization in a manner which will retain the integrity of residential neighborhoods and maintain the character, property values, and aesthetic quality of the township at large.
Personal wireless services permitted.
Personal wireless service (PWS) antennas and support structures may be permitted by the Building Official in any use district, under any one of the following circumstances:
The antennas and support structures shall be concealed from view and shall be located within the building or structures of the principal use, provided that:
The zoning lot shall have frontage directly on a major thoroughfare or collector street.
The principal use shall be a conforming use and the building shall be a conforming structure.
In the R, RM, PND and MHP Districts, such antennas shall be permitted only with uses that are other than residential uses.
The antennas and support structure may be attached to an existing tower, such as a water tower or similar structure in existence at the date of the adoption of this amendment,[1] or as a collocation on a PWS tower that has been approved under the applicable requirements of § 480-73.1.
[1]
Editor's Note: "This amendment" refers to Ord. No. 293, adopted 11-6-2006.
The antennas and support structure are attached to an existing steel, lattice-type electric transmission tower located in an electric utility company easement or right-of-way that is separate from a public road right-of-way.
Personal wireless service (PWS) antennas and support structures may be permitted when attached to a building in the R, RM, PUD, OS-1, LB, GB, MC, IRO, or I Districts, provided that the following conditions are met:
[Amended 1-7-2013 by Ord. No. 308]
The antennas are attached to an existing building or structure in such a manner as to minimize the identity of the antennas. In order to achieve this goal, the antennas shall not extend above or beyond the silhouette of the building or structure or shall be located so that the building or structure provides a backdrop to the antennas. Color and building material of the antennas shall be compatible with the color and material of the building.
The principal use shall be a conforming use and the building shall be a conforming structure.
In the R, RM or PND Districts, such antennas shall be permitted only with uses that are other than residential uses.
Personal wireless service (PWS) antennas and support structures shall be permitted to be attached to buildings in the LB, GB, MC, IRO or I Districts, subject to the following conditions:
[Amended 1-7-2013 by Ord. No. 308]
The principal use is a conforming use and the building is a conforming structure.
If connected directly to the main building, antennas may be attached to any portion of the building. If the support structure extends above the highest point of the roof or parapet of the building, the distance between the base and the top of the supporting structure shall not exceed the height of the building on which it is located. Any structure that supports antennas shall be set back from the outer most vertical wall or parapet of the building, at a distance equal to at least two times the height of such supporting structure.
A structure that supports antennas may exceed the maximum height permitted in the district by not more than 10 feet, and the top of antennas may exceed the height permitted by not more than 20 feet.
Personal wireless service (PWS) antennas, support structures and towers may be permitted in the LB, GB, MC, IRO and I Districts, provided that the following conditions are met:
[Amended 7-1-2013 by Ord. No. 308]
The use shall be subject to the review and approval of a site plan by the Planning Commission.
The height, including antennas, shall not exceed 100 feet, measured from the grade at the base of the tower when occupied by one PWS provider. In the event the tower provides antennas for more than one provider, the maximum height may be increased to not more than 150 feet.
The base of the tower shall have a minimum setback of 300 feet to any lot line located in an R, RM, PND or MHP District.
The base of the tower and any other structures connected therewith shall provide the minimum setback required by the district, provided that the setback shall be not fewer than 200 feet from any public street right-of-way and 30 feet from any other lot line.
If located on the same zoning lot with another permitted use, such tower and any other structures connected therewith shall not be located in a front yard or in a side yard abutting a street.
In order to promote the collocation of antennas and limit the number of towers in the township, the Planning Commission may permit replacement of a PWS tower existing at the date of adoption of this amendment[2] or subsequently erected in conformance with this chapter, provided that the following conditions are met:
The use shall be subject to the review and approval of a site plan by the Planning Commission.
The height of the tower and antennas shall not exceed 100 feet measured from the grade at the base of the tower; provided, however, that if the base of the tower is greater than 300 feet from any lot line located in an R, RM, PND or MHP District, the tower and antennas shall not exceed 150 feet measured from the grade at the base of the tower.
[2]
Editor's Note: "This amendment" refers to Ord. No. 8293, adopted 11-6-2006.
Personal wireless service (PWS) antennas, support structures and towers may be permitted in any district by the Township Board as a special land use, after review and recommendation by the Planning Commission, provided that it is demonstrated by an applicant that a PWS facility cannot reasonably be established as a permitted use under other sections of this chapter, subject to the following conditions:
Public hearings required for a special land use shall be held by both the Planning Commission and the Township Board in accordance with the procedure established for special land use in § 480-62B.
The petitioner shall demonstrate that operating requirements necessitate the location proposed and that sites or buildings where PWS facilities are permitted by this chapter are not available within the same general area. In order to evaluate these criteria, the Township may seek the advice of experts in the field for technical assistance in evaluating the proposal. The Township Board may, by resolution, establish a fee that will cover the costs of such review.
Buildings containing equipment to support the function of the antennas may be freestanding buildings, provided they conform to the provisions of § 480-73.1C, Standards for PWS facilities.
Standards for PWS facilities. The following conditions shall be applicable to PWS facilities located in any use district, in addition to other requirements set forth herein:
If equipment buildings are located on a site with other principal buildings, the entire exterior building facade shall be of finished building material that is equal to or better than the finish building material of the principal building. Such buildings shall adhere to the setback requirements of the district in which located and shall not be located in a front yard or in a yard abutting a street.
Lattice-type construction of freestanding PWS towers shall be permitted only in the MC and I Districts or if permitted as a special land use. All towers shall be painted as determined by the Planning Commission, unless otherwise required.
The area at the base of a tower and around any building accessory to the PWS facility shall be landscaped in accordance with a plan reviewed and approved by the Planning Commission.
The applicant shall deposit with the Township a performance guarantee in an amount established by Township Board resolution as security for the removal of the facility if abandoned or discontinued for use as a PWS facility for a period of six consecutive months or more.
Liability. Personal wireless service facilities, including support structure, antennas, and towers, shall not be permitted in any zoning district unless, prior to construction, the applicant, petitioner, or person or company responsible for constructing and installing such facilities agrees in writing to hold the Township harmless against any claims as a result of permitting such facilities. Such agreement shall require that the Township be provided with proof of insurance naming the Township as an additional insured against all claims which may result during the construction of the personal wireless service facilities and all times that such facilities are in place.
§ 480-73.2 Medical marihuana.
[Added 3-21-2011 by Ord. No. 306]
Intent.
Voters in the State of Michigan approved a referendum authorizing the use of marihuana for certain medical conditions, being the Michigan Medical Marijuana Act, MCLA 333.26421, et seq. ("the Act").
The specified intent of the Act is to enable certain specified persons who comply with the registration provisions of the law to acquire, possess, cultivate, grow and use marihuana as well as to assist specifically registered individuals identified in the statute without being subject to criminal prosecution under state law in limited, specific circumstances.
Despite the specific provisions of the Act and the activities identified in the Act, marihuana remains a controlled substance (Schedule 1 drug) under Michigan law. The activities set forth in the Act have a potential for abuse. Such activities should be closely monitored and, to the extent permissible, regulated by local authorities.
If not closely monitored or regulated, the presence of marihuana, even for the purposes specified by the Act, may present an increase in illegal conduct and/or activity which adversely affects the health, safety and welfare of the residents of East China Township.
Nothing in this section shall be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, or to allow use, possession or control of marihuana for nonmedical purposes or allow any other activity relating to cultivation/growing, distribution or consumption of marihuana that is otherwise illegal.
Medical marijuana dispensary, grow facility, compassion club and similar operations. It shall be unlawful for any person or entity to own, manage, conduct, or operate a medical marihuana dispensary, grow facility, compassion club or similar operation, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marihuana dispensary, grow facility, compassion club or similar establishment in East China Township.
Registered primary caregiver. A registered primary caregiver, in compliance with the general rules of the Michigan Department of Community Health, the Michigan Medical Marijuana Act P.A. 2008, Initiated Law, MCLA 333.26423(d) and the requirements of this chapter, shall be permitted to grow marihuana. Nothing in the chapter, or in any companion regulatory provision adopted in any other provision of the Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Act and the general rules. Also, since federal law is not affected by the Act or general rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The Michigan Medical Marijuana Act does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.[1] The following requirements for a registered primary caregiver shall apply:
A primary caregiver shall be prohibited from engaging in the distribution, cultivation, growing or processing of medical marihuana in any commercial or industrial zoning district;
A primary caregiver shall be required to occupy the site where medical marihuana is grown as their principal residence;
The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marijuana Act and the general rules of the Michigan Department of Community Health, as they may be amended from time to time;
A registered primary caregiver must be located outside of a one-thousand-foot radius from any school, including child-care or day-care facility, to insure community compliance with federal drug-free school zone requirements. The radius shall be measured from a point beginning at the property line of the school site;
A registered primary caregiver must be located outside of a one-thousand-foot radius from any public or private park property or public library property (as measured from the property lines);
Not more than one primary caregiver shall be permitted to service qualifying patients on a parcel or within an approved livable dwelling unit;
All medical marihuana shall be contained within the building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient;
All necessary building, electrical, plumbing and mechanical permits, as required by the building code, shall be obtained for any portion of the structure or accessory building in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marihuana are located;
That portion of the structure or accessory building where energy usage and heat exceeds typical use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the appropriate Fire Code Enforcement Officer to insure compliance with the Michigan Fire Protection Code;
The premises shall be open for inspection upon request by the appropriate Fire Code Enforcement Officer and law enforcement officials for compliance with all applicable laws and rules;
The disposal of plant material shall be done in a safe and secure manner which does not permit those without the proper permits to access or obtain any disposed plant material;
Lights utilized in the growing process that are visible from the exterior of a structure shall not be permitted to operate between the hours of 11:00 p.m. and 6:00 a.m.
[1]
Editor's Note: See 21 U.S.C. § 801 et seq.