The following regulation of buildings and structures and land and the uses thereof are applicable to all zoning districts regardless of classification unless specifically limited hereafter in this article 6.

a.

Whenever an accessory building or structure is attached to the principal building, at the time of issuance of the original building permit, it shall be considered a part of the principal building and shall conform to all required front, side and rear setbacks for the zoning district in which it is located.

b.

A detached accessory building shall not encroach into a required front or side yard setback, including corner lots where the front setback applies to both street frontages.

c.

A detached accessory building may encroach the required rear yard, but in no case shall the detached accessory building be located closer than eight feet to the rear lot line, including roof overhang.

d.

A detached accessory building may not be closer than ten feet to the principal building or another detached accessory building unless building code provisions can otherwise be met.

e.

An accessory building may not be constructed on a lot or parcel of land until and unless a principal building is first constructed on the lot or parcel.

f.

Construction of new accessory buildings and additions, which are to one- or two-family dwellings, whether attached or detached to the principal building, shall be limited in size based upon the total lot size in relation to the total of all existing and proposed accessory buildings as follows:

1.

All accessory buildings shall not exceed ten percent of lot area, excluding areas devoted to public road rights-of-way or private access easements. To determine floor area of any accessory building, the exterior wall dimensions shall be used to determine floor area.

2.

The maximum size of any one accessory building shall be 1,500 square feet on lots of less than one acre.

g.

Accessory buildings, except those built in connection with an established agricultural enterprise, shall have architectural style and exterior finishes similar to the principal building on the same lot or parcel.

Hereafter, every building or structure erected, altered or moved shall be located on a lot as defined herein, and except in the case of an approved multiple dwelling, no more than one principal building and its permitted accessory building or structures shall be located or erected on each lot.

No accessory building on the same lot as a principal building shall be used for dwelling purposes.

No basement structure shall be used for occupancy unless a completed story is situated immediately above the basement structure and such story is used as a dwelling, or unless said structure is of a type to be covered with earth pursuant to the state building code requirements.

No structure for human occupancy or use shall hereafter be erected, altered, or moved or used or occupied unless it shall be provided with a safe, sanitary and potable water supply and a safe effective means of collection, treatment and disposal of wastes as certified in writing by the Calhoun County Health Department and the township sewer superintendent and its successors or assigns.

Prior to the commencement of construction of any building or structure in a commercial district or industrial district, where the property on which such structure or building is to be erected or placed abuts, adjoins or is adjacent to property located within a residential district or is used for residential purposes or as a park, a greenbelt buffer shall be established. This shall be identified on the approved site plan or landscape plan (if separate) and shall be completed within six months from the date of final inspection and shall thereafter be maintained, in accordance with the following specifications and requirements. The greenbelt buffer shall be placed along the perimeter of any residential zone providing a width of no less than ten feet and be composed of the following materials or any combination thereof: grass, evergreens, deciduous trees, shrubs and bushes; opaque (wood) fencing or a combination of materials being no less than six feet high and subject to section 7A.04.

a.

No building or structure shall be erected, altered, moved, occupied, or used on any lot which does not have frontage on a public street unless access is provided by an easement of at least 66 feet in width. Such easement shall be exclusively from the required lot width standard for the district in which the lot is located.

b.

Where the legally described 66-foot easement provides access to not more than two (2) parcels or lots, it may be so utilized, provided such easement is presented and approved administratively by the zoning administrator at the time of land division. If the easement is intended to serve as the basis for frontage, it must be extended through the length of such parcel before it may be utilized as lot width for any division. The owners of each parcel or lot that rely on the easement for access must submit a recorded shared driveway agreement, indicating that the easement will ensure such access and that an improved driveway shall be constructed, consisting of a gravel base of at least 8 inches thick, be paved with a dust free surface that will prevent erosion of the surface, have a width of at least 20 feet, and a height clearance of at least 15 feet, with this extending so that each individual driveway is provided access.

c.

Where the closest property line of a single parcel or lot is greater than 200 feet from a public street or paved private road such driveway must adhere to the improved driveway standard above in order to allow access by emergency vehicles.

d.

Before application for land division creating the third parcel or lot to be accessed, the applicant shall submit an application for a site plan review in order to establish a private road, with this review and approval of the private road by the Planning Commission before any further land divisions may occur. Such private road shall adhere to the standards of the Calhoun County Road Department for the construction of a gravel road. This improved surface shall provide access to no more than a total of five (5) parcels utilizing the easement for access purposes. Each property owner shall be permitted to extend their individual driveways into the easement for access purposes. Each property owner shall be permitted to extend their individual driveways into the easement in order to connect such to the improved surface.

e.

For any commercial development, land division of six (6) or more parcels, or for any plat (subdivision), or site condominium project, including those within planned unit residential developments, or as part of an open space preservation project, a private road shall adhere to the standards of the Calhoun County Road Department for a paved public road. This shall be reviewed and approved by the Planning Commission under the site plan review or if part of a plat or site condominium project, during the review process.

No fence, wall, hedge, screen, sign, structure, vegetation or planting shall be higher than three feet above street grade on any corner lot or parcel within the triangular area formed by the intersecting street right-of-way line at points which are 30 feet distant from the point of intersection, measured along the street right-of-way lines. This provision shall apply in all residential, commercial and industrial zoning districts.

Whenever any street, alley or other public way is vacated by official action, the zoning district adjoining each side of such public way shall automatically be extended to the center of such vacation, and all area included therein shall henceforth be subject to all appropriate regulations of that district within which such area is located.

The following structures may be exempt from the height requirements provided in the district in which the structure is located: spires, belfries, penthouses and domes not used for human occupancy; chimneys; ventilators; skylights; water tanks, bulkheads; utility poles; power lines; silos; parapets; and other necessary mechanical appurtenances; provided their location shall conform where applicable to the requirements of the Federal Communications Commission, the Civil Aeronautics Administration and other public authorities that have jurisdiction.

Except as otherwise required by the Emmett Township Zoning Ordinance, no fence or wall or other screening shall be erected in any zoning district except as provided in this section:

a.

Except for rock or brick walls not exceeding 4 feet in height, no opaque fence, wall, or other screening structure shall be erected within the front yard setback. Where dwellings or other buildings are established in a planned development or with similar front yard depths, no opaque fence may be installed in front of the front building line. Split rail fences, picket fences, wrought iron fences, chain link fences, and other types of non-opaque fences may be installed in front yards, provided they do not exceed four (4) feet in height and do not obstruct visibility under section 6.09.

b.

No opaque fence, wall or other screening structure shall be erected within the limits of a side yard of a corner lot unless it conforms to the required side (front) yard setback for structures on corner lots in the zoning district in which it is located.

c.

Within a side yard of any residential or agricultural zoned property, no fence or other screening structure shall be erected if higher than seven (7) feet above the surface of the ground.

d.

Within a side, front or rear yard of any industrially or commercially zoned property, no fence or other screening structure shall be erected if higher than ten feet above the surface of the ground.

e.

Within the limits of the rear yard of any residentially zoned property, no fence or other screening structure other than evergreens, deciduous trees, shrubs and bushes shall be erected if higher than eight feet above the surface of the ground.

f.

Electrified or barbed fences or use of materials other than manufactured products of chainlink, aluminum, vinyl or wood, steel or masonry shall not be erected within a residentially zoned area.

g.

Only chainlink or similar type of fencing shall be erected within industrial or commercial zoned areas, unless an opaque fence is utilized for purposes of screening or as a greenbelt buffer subject to site plan approval or, for existing uses, by the zoning administrator. The height of the opaque fence shall not exceed eight feet in height. Opaque material shall be either vinyl or wood and consistent in size and style for a uniform appearance.

(Ord. No. 4-2018, §§ 1, 2, 9-13-2018)

No person shall alter, change, transform or otherwise vary the edge, bank or shore of any lake, river or stream except in conformance with the following:

a.

As provided in the Inland Lakes and Streams Act, part 301 of the Natural Resources and Environmental Protection Act (MCL 324.30101 et seq.), and in accordance with the requirements of the Michigan Department of Natural Resources.

b.

If any edge, bank or shore of any lake, river or stream is proposed to be altered in any way by any person, such person shall submit to the planning commission all data, exhibits and information as required by the department of natural resources.

Following the construction, erection or placing of essential services on or under the surface of the land, the surface of the land shall be restored as nearly as possible to the condition as it existed prior to the construction or erection of such essential service structures; provided, however, that this regulation shall in no way prevent the landscaping of the surface of such land in accordance with the permit issued for the construction or erection of the essential service structures in such a manner so as to improve the surface of the land over the condition thereof as it existed prior to such construction or erection.

Essential services shall be exempt from all area requirements in the agricultural, industrial and open space waterbody conservation district.

No swimming pool shall be constructed or placed in the front yard or in the case of a corner lot, in the side yard bordering on the street.

All swimming pools shall conform to the requirements of the Calhoun County Health Department and the Michigan State Construction Code. Swimming pools to be constructed or which are already constructed shall be enclosed by a fence, wall or other structure which shall be at least four feet in height and [as] measured from the outside. Any opening under the bottom of the fence shall not be more than four inches in height. A fence or wall enclosure shall be of a type that impedes climbing by small children and shall be equipped with a gate that is a self-closing and latching type with the latch on the pool side of the gate. Said entranceway shall lead to the shallow end of the pool. If a fence or wall meeting the above requirements encloses the pool and the principal building or structure and all accessory buildings or structures located on the premises, a separate pool fence meeting the above requirements need not be constructed.

The maintenance and use of buildings, lands and structures in compliance with the regulations provided for in this ordinance and applicable thereto shall be a continuing obligation of the owner and occupier and user of such building, land or other structure.

All single- and two-family dwellings to be constructed in the township shall conform to the standards herein. It is the purpose of these to create minimum floor area and architectural standards to preserve property values, stabilize residential neighborhoods and prevent blighting of areas due to unfinished or deteriorated building conditions.

a.

In every zoning district in which one- or two-family dwellings are permitted, each principal residential building shall have a minimum width of 22 feet at its narrowest dimension.

b.

Prior to a certificate of occupancy being issued under provisions of the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, as amended, or successor building code, the exterior of the dwelling unit shall be completely finished with paint or stain on wood products, aluminum or vinyl siding, masonry, or equivalent material manufactured for an intended use as exterior building finish. All such material shall be installed, finished and trimmed in a manner approved by the building official.

c.

In no event shall a stick-built addition be added to an existing mobile or manufactured home due to difference in foundation requirements and the likelihood of uneven frost heave and future building damage and the general inability of matching architectural style between structural types and established homes in the nearby neighborhood.

d.

A residential structure having less than the minimum dimension and minimum floor area requirements of this ordinance shall not be relocated or brought into the township nor shall such residential structure be placed on any lot or parcel in the township, except in a duly licensed mobile or manufactured home park.

e.

All one- and two-family residential structures shall have eave and gable-end overhangs of not less than six inches with rain gutters and down spouts.

Temporary buildings or offices used during construction of a principal building or use shall be on site only during the period of time that a valid building permit is in place and is active.

Donation boxes, as defined in section 21.02 of this ordinance, are permitted in every zoning district subject to the following regulations:

a.

Donation boxes must display identification information including, at a minimum, the owner's name, phone number and address.

b.

The owner or owner's agent must register each box placed within the township with the township clerk on a form provided by the clerk and pay a registration fee as shall be established from time to time by the township board and contained within the township's schedule of fees. The township board may wave a portion or all the registration fee for non-profit organizations but shall not be required to do so.

c.

Donation boxes must be emptied at least once a month and shall not be allowed to overflow.

d.

Donation boxes shall be neatly painted and otherwise maintained in a clean and orderly condition and shall display no rust.

e.

Donation boxes may be placed only on improved, paved surfaces and only with the consent of the landowner.

f.

Donation boxes may not be placed on or in the public right-of-way, nor may they be placed on either public or private sidewalks nor at locations where such boxes obstruct the path of travel of pedestrians, bicyclists or motorists. Likewise donation boxes may not be placed in locations at or near intersections where they obscure the field of vision of approaching motorists, nor may they be placed at other locations where such placement jeopardizes the safety of the motoring public.

g.

Violations of any of these regulations shall constitute a municipal civil infraction punishable as provided in section 2.10 of this ordinance. In addition, the township shall have the right to either reposition or remove any box determined to be placed or maintained in violation of these rules.

A residential sale is only permitted under the following conditions:

a.

A permit must first be obtained from the township. Said permit at a minimum must identify the date(s) of sale, the hours of sale, the exact location, and the responsible party. Said permit shall be free of charge.

b.

The residential sale must be located in a residential use district.

c.

The maximum duration of the residential sale shall not exceed four days.

d.

No residential sale shall commence before eight 8:00 a.m. or continue after 7:00 p.m.

e.

A maximum of three residential sales per calendar year, per property shall be allowed.

f.

No music, games, or other entertainment/activity shall be allowed at the same time as the residential sale.

g.

The residential sale shall not, in any manner, constitute an unreasonable nuisance to the neighborhood from noise, traffic, or lighting.

(Ord. No. 3-2021, § 1, 7-8-2021)

A.

The keeping of more than three dogs and/or five cats is prohibited within or upon any platted or site-condominium property used for residential purposes.

B.

The limitation set forth in subsection A. hereof shall not apply to the owner of a female dog which has given birth to puppies, which owner may keep such female and such puppies for a period not to exceed three months from the date of birth of the litter.

C.

The limitation set forth in subsection A. hereof shall not apply to the owner of a female cat which has given birth to kittens, which owner may keep such female and such kittens for a period not to exceed three months from the date of birth of the litter.

(Ord. No. 1-2023, § 1, 4-13-2023)

General provisons. Roof-mounted SES, accessory ground-mounted SES, and building-integrated SES are a permitted use by right in all zoning districts where structures of any sort are allowed, and shall meet the following requirements:

a.

Roof-mounted SES.

1.

Height: Roof-mounted SES shall not exceed ten feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

2.

Application: All SES applications must include site plan. Applications for roof-mounted SES must include horizontal and vertical elevation drawings that show the location and height of the SES on the building and dimensions of the SES.

b.

Accessory ground-mounted SES.

1.

Height: Ground-mounted SES shall not exceed 20 feet measured from the ground to the top of the system when oriented at maximum tilt.

2.

Setbacks: A Ground-mounted SES must comply with the zoning districts setbacks for structures. Setback distance is measured from the property line to the closest point of the SES at minimum tilt.

3.

Lot coverage: The area of the solar array shall not exceed the lot coverage restrictions for accessory structures within the zoning district.

4.

Visibility (residential): A ground-mounted SES in residential districts shall be located in the side or rear yard to minimize visual impacts from the public right-of-way(s).

5.

Application: All SES applications must include a site plan. Applications for ground mounted SES must include drawings that show the location of the system on the property, height, tilt features (if applicable), the primary structure, accessory structures, and setbacks to property lines. Accessory use applications that meet the ordinance requirements shall be granted administrative approval.

c.

Building-integrated SES.

1.

Building-integrated SES are subject only to zoning regulations applicable to the structure or building and not subject to accessory ground or roof-mounted SES permits.

(Ord. No. 3-2023, § 2, 4-13-2023)