For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provided access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front yard and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.

(Ord. No. 62, § 7-17.01, 8-11-1984)

This chapter does not permit dwellings to be constructed in the commercial (C-2 and C-1) districts except that an industrial watchman or a caretaker may be permitted in such districts in conformance with the specific requirements of the particular district.

(Ord. No. 62, § 7-17.02, 8-11-1984)

Essential services, except for high voltage electric transmission lines and high pressure gas transmission lines, shall be exempt from the application of this chapter.

(Ord. No. 62, § 7-17.03, 8-11-1984)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits prescribed in this section. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. The erection of commercial radio and television transmitting, relay, or other types or antenna towers, where permitted, shall abide by the regulations set forth in article VI of this chapter. The zoning board of appeals shall establish height restrictions for all buildings, structures and appurtenances erected beneath established aircraft approach lanes after consultation with the appropriate aeronautical agency. In the AG district, silos are permitted to a maximum height of 60 feet, and storage barns are permitted to a maximum height of 40 feet.

(Ord. No. 62, § 7-17.04, 8-11-1984)

Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details, which are normally demountable.

(Ord. No. 62, § 7-17.05, 8-11-1984)

The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a township or other public election.

(Ord. No. 62, § 7-17.06, 8-11-1984)

When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape or topography, or due to architectural or side arrangement, such regulations may be modified or determined by the zoning board of appeals.

(Ord. No. 62, § 7-17.07, 8-11-1984)

Those residential lots and/or parcels having frontage on Lake Huron and abutting a public thoroughfare shall maintain the yard on the lake side as an open unobscured yard, excepting that a covered and/or uncovered boatwell shall be permitted after review and approval of the planning commission, provided that it complies with the provisions relating to boatwells set forth in article VI of this chapter. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building, provided that the front yard setback required in the schedule of regulations is met. The building setback, as it relates to that yard along Lake Huron, shall conform to the setbacks established by existing structures and shall, in no instance, be less than the setbacks otherwise required in the schedule of regulations for the concerned district. In establishing the setback, based on existing structures, a straight line shall be drawn from the southernmost corner nearest to the lake on the building on the north to the northernmost corner nearest to the lake on the building on the south. Any new structures shall be built behind this imaginary line:

(Ord. No. 150, § 2, 4-21-1999)

The planning commission may permit the sale of agricultural products from the roadside, subject to the following conditions:

(1)

All products displayed or offered for sale on the premises shall have been grown on the premises.

(2)

The sale shall not extend for more than six months, and all structures or buildings used for the sale must be removed from the front yard of the premises within 30 days from the termination of the sale.

(Ord. No. 62, § 7-17.09, 8-11-1984)

Nothing in this chapter shall be construed to prohibit the temporary outdoor display and sale of live plants, cut flowers, or Christmas trees, which are not part or an otherwise approved open air business, provided that such display or sale is for a period of not more than 60 days per year. However, all such temporary outdoor uses must comply with all permitting procedures and other regulations as may be prescribed by other township ordinance governing peddlers or transient merchants and with all applicable state statutes.

(Ord. No. 62, § 7-17.10, 8-11-1984)

(a)

Temporary retail area permits may be granted for up to 30 days per calendar year, per business.

(b)

The nature of any temporary retail area must be consistent with the establishment's existing purpose. Any product sold must be contiguous with the establishment's existing inventory. Any demonstration must exhibit products sold at that establishment.

(c)

The Charter Township of Fort Gratiot clerk shall provide a specific application for temporary retail areas.

(d)

The applicant shall demonstrate on provided application that the temporary retail area (including temporary structures) shall have a restricted access and such access shall not affect parking lot rights-of-way, fire lanes or create any situation unsafe to the general public. In addition, any temporary retail area shall not occupy more than one-fifteenth of the number of parking spaces.

(e)

The Charter Township of Fort Gratiot shall issue a temporary retail area permit upon review and approval of the application by the zoning administrator, Fort Gratiot Fire Department, building official, and, where necessary, the electrical inspector, and receipt of all appropriate application fees. All temporary retail area permit applications and fees must be received no later than ten days prior to the first day of the permit for the application to be considered.

(f)

The erection of approved temporary structures, within temporary retail areas, shall occur only during the preceding 48 hours of the permitted dates. All temporary retail areas and structures shall be removed within the following 48 hours of the permitted dates. Temporary signage shall be in compliance with section 38-626(i). A temporary sign affidavit must be filed with the temporary retail area permit if temporary signage is to be utilized.

(g)

A temporary retail area shall conform to all general provisions of the zoning ordinance, as provided in chapter 38. No part of a temporary retail area shall cause a nuisance factor, as defined in section 38-5.

(Ord. No. 210, § 7, 9-5-2012)