The intent of this Article is to provide regulations that apply to any and all districts in the Township, regardless of whether the existing or proposed land use, structures and site improvements are subject to site plan review and approval.

The regulations in this Ordinance shall be subject to the interpretations and exceptions set forth below:

A.

Voting place. Any property in the Township may be temporarily used as a voting place in connection with a municipal or other public election.

B.

Height limit.

1.

Height exceptions. No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except as set forth herein.

a.

Roof structures and screening devices for the housing of elevators, stairways, tanks, ventilating fans, solar panels or similar equipment required to operate and maintain the building shall not exceed by more than ten (10) feet the height limit of the district in which the use is located.

b.

Fire or parapet walls and skylights shall not exceed by more than five (5) feet the height limit of the district in which the use is located.

c.

Functional elements such as chimneys, smokestacks, or similar structures shall not exceed by more than fifteen (15) feet the height limit of the district in which the use is located. In no event may persons occupy such building elements.

d.

Decorative elements such as steeples, belltowers, cupolas and widow's walks shall not exceed by more than fifteen (15) feet the height limit of the district in which the use is located.

e.

The combined area of all building elements that are permitted to exceed district height limits shall be no greater than ten percent (10%) of the roof area of the building; nor shall such structure be used for any residential, commercial, or industrial purpose whatsoever other than a service use incidental to the main use of the building.

f.

The provisions of this Section do not apply to wireless communication facilities regulated by Section 10.24, Wireless Communication Facilities.

2.

Individual domestic antennas, amateur radio antennas and satellite dish antennas.

a.

Individual domestic antennas and amateur radio antennas in agricultural and residential districts may be constructed to a height of fifty (50) feet provided the structure is located so that the base of the structure is no closer to any property line than the height of the structure.

b.

Satellite dish antennas may be attached to a structure not exceeding a height of 50 feet.

c.

No such structure shall be placed in a front yard or attached to a tree.

3.

Flagpoles in any zoning district shall be located so that the base of the structure is no closer to any property line than the height of the structure. Any flagpoles in excess of fifty (50) feet in height are subject to site plan approval.

C.

[Reserved.]

D.

Architectural projections such as bay windows and roof overhangs which do not expand usable floor space, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard. Such projections may extend or project into a required front or rear yard not more than three (3) feet.

E.

Irregular frontage lots. Irregular frontage lots are permitted under this ordinance as follows:

1.

Such lots shall have a total area equal to or greater than the minimum lot area required by this Ordinance for the applicable zoning district in which the lot is located.

2.

The minimum width of the front lot line shall not be less than sixty (60) feet.

3.

The lot is of such size and configuration so as to completely contain within its boundaries a rectangle, trapezoidal or triangular shaped area of land which:

a.

Has a minimum width equal to the minimum lot width of the district.

b.

Has a minimum buildable area equal to the minimum buildable area of the district.

4.

The Township Zoning Administrator may require a survey prepared by a land surveyor registered in the State of Michigan to demonstrate that Ordinance requirements have been met.

F.

Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area and setback requirements of this Ordinance, one-half (½) the width of such alley abutting the lot shall be considered part of such lot.

G.

Generators. Generators may be placed in required side yard setbacks subject to the following restrictions:

1.

The generator may only encroach on the side yard setback on the side of the structure where the main feed drop enters the structure and only if necessary to place the generator within fifteen (15) feet of the drop.

2.

The generator may encroach on the required side yard by no more than forty (40) percent of the required side yard setback.

3.

The generator shall not be placed nearer to the property line than three (3) feet.

4.

The generator shall not be placed nearer to any window or door opening than five (5) feet.

5.

The generator shall be muffled to deaden noise in compliance with Chapter 12, Noise, Blight and Other Nuisances of the Highland Township Code of Ordinances.

6.

The generator shall be programmed to "exercise" only between the hours of 10:00 a.m. and 2:00 p.m.

(Ord. No. Z-005, § 3, 3-11-2015; Ord. No. Z-025, § 3, 3-7-2022)

A.

Structures and uses accessory to residential use.

1.

Height and placement. Accessory buildings, structures and uses shall be governed by the same height and placement regulations which apply to principal buildings unless otherwise specified in this Ordinance.

2.

Relation to principal structure.

a.

Accessory buildings, structures, and uses are permitted only in conjunction with, incidental to, and on the same lot as a principal building occupied with a use permitted in the particular zoning district.

b.

An accessory building, structure, or use shall not be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

c.

Garages that are structurally attached to a principal building by connection of walls or a roof shall be subject to, and must conform to, all regulations of this Ordinance applicable to the principal building, including setbacks, height and lot coverage.

3.

Residential entrance way.

a.

In all Residential Zoning Districts, entrance way structures including but not limited to decorative walls, columns and gates marking entrances to a single family subdivisions, multiple-family housing projects and mobile home parks may be permitted within a required yard provided such structures are a minimum of five (5) feet from a public road right-of-way. All structures must be placed outside the required corner clearance area per Section 11.05, Clear Vision Area, and beyond any required greenbelt per Section 12.06, Greenbelt. Entrance way structures are subject to site plan review, require a building permit and must comply with all codes of the Township.

b.

Entrance Way columns marking driveway entrances to a single family dwelling may be permitted within required yards provided the columns are a minimum of five (5) feet from a public or private road right-of-way and do not exceed a height of eight (8) feet.

4.

Porches, decks, terraces and patios.

a.

Uncovered porches. An open, unenclosed and uncovered porch, patio, deck or terrace, including those constructed on the ground and/or constructed of brick, concrete or pavers may project into a required front, side or rear yard setback providing the following standards are met:

i.

The highest finished elevation of the uncovered porch shall not be over thirty (30) inches above the surrounding finished grade; and

ii.

The uncovered porch may project into any required yard setback for a distance not exceeding five (5) feet.

iii.

No portion of the uncovered porch shall be closer than five (5) feet from any lot line.

b.

Second story decks. Uncovered second story decks, including any walkway connecting the second story deck to a first story deck, a ground-level deck, or a deck located above a walk-out basement may project into a required yard up to a maximum of five (5) feet.

c.

Covered porches. Porches, decks or terraces sheltered partially or wholly by a permanent or temporary canopy, awning, metal, lattice, pergola or any other material shall be considered covered. Covered porches, decks and terraces are subject to the setbacks applicable to the principal structure, as set out in the applicable zoning district regulations and shall not project into any required yard setback.

5.

Swimming pools, hot tubs and spas. Swimming pools, hot tubs and spas shall be subject to the following regulations in addition to all building codes:

a.

Any swimming pool shall meet the minimum setbacks required of accessory structures in the applicable Zoning District.

b.

There shall be a distance of not less than ten (10) feet between the outside pool wall and any building located on the same lot or an abutting lot.

c.

No swimming pool shall be located less than thirty-five (35) feet from any front lot line or any road right-of-way.

d.

No swimming pool shall be located in an easement.

e.

For the protection of the general public, all areas containing swimming pools shall be completely enclosed by a fence or an approved structure providing equal protection not less than four (4) feet in height. The gates shall be of self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods.

6.

Play structures, tree houses and skateboard ramps. Play structures, tree houses, skateboard ramps and similar structures on residential lots shall be permitted as an accessory structure and shall be subject to the setback and height requirements together with all other applicable building codes and ordinances.

7.

Driveways and paths. There is no restriction on the placement or construction of driveways and paths so long as they are maintained without encroaching on neighboring properties with regards to snow removal, drainage and maintenance.

B.

Structures and uses accessory to non-residential uses.

1.

General requirements.

a.

All buildings, uses, or structures accessory to non-residential uses shall be subject to the same placement and height requirements as the principal structures in the District in which they are located.

b.

Buildings, uses, or structures accessory to non-residential uses shall not be larger than twenty-five percent (25%) of the total ground floor area of the principal building or building that it serves, unless otherwise regulated in this ordinance.

c.

Accessory buildings, structures or uses are not permitted on vacant parcels.

2.

Outdoor display and sales in commercial districts. Outdoor display and sales are subject to the following:

a.

Outdoor display and sales are considered an accessory use to a principal permitted retail use provided there is a building on the retail site. All outdoor display and sales areas must be reviewed and approved by the Planning Commission as part of an approved site plan.

b.

All outdoor display areas shall be paved with a permanent, durable and dustless surface and shall be graded and drained to dispose of stormwater without adversely impacting adjacent property. The Planning Commission may approve a gravel surface for all or part of the display area for low intensity activities, such as landscaping sales, upon a finding that the neighboring properties will not be negatively impacted by pollution. Spill control measures may be required such as containment curbs and covered shelters for materials deemed to pose an environmental risk, such as, but not limited to, fertilizers, softener salt, pesticides, and the like.

c.

Any stockpiles of soils, mulch or similar loose materials shall be contained to prevent dust or blowing of materials.

d.

Outdoor displays shall not be placed on sidewalks unless five (5) feet of contiguous sidewalk is maintained for clearance between the display and any permanent structure such as building or curb.

e.

Outdoor display areas shall not occupy any required parking spaces.

f.

Outdoor display areas shall not be located in any required yards.

g.

The Planning Commission may require additional landscaping or screening.

3.

Temporary outdoor promotional events. The Zoning Administrator is authorized to review and approve land use permits for temporary promotional events, subject to the following:

a.

Temporary outdoor promotional events may be permitted for periods not to exceed thirty (30) days on sites zoned C-1, Local Commercial; C-2, General Commercial; or HS, Highland Station. A permit may be issued twice a year for thirty (30) days each. At least sixty (60) days must pass between each event. In multiple tenant developments, events shall be coordinated with all tenants and one application shall be submitted for the site.

b.

Items offered for sale and services must be related to an established business already located on the site. Outdoor sales and/or outdoor consumption of alcoholic beverages is not permitted under the provisions of this Ordinance. Except that an establishment that has a valid liquor license may serve alcoholic beverages provided appropriate permits are secured from the Liquor Control Commission.

c.

Outdoor displays and sale areas shall not occupy or obstruct the use of any fire lane, sidewalk or landscaped area. Such areas may occupy no more than ten percent (10%) of the parking lot, provided the applicant demonstrates that the resultant traffic patterns will not create a hazard or nuisance.

d.

Outdoor displays and sale areas shall meet all required setbacks from property lines abutting residentially zoned or used properties. The use must be screened from the residential use and may not encroach into the required greenbelt see Section 12.06, Greenbelts.

e.

Temporary signs associated with the event, such as banners and sandwich boards, are regulated under Section 14.07G, Temporary Commercial Special Event Signs. Only one sign per business may be approved. For multiple-tenant sites, the number of signs is limited to one sign per tenant or one sign for forty (40) lineal feet of frontage whichever is less.

f.

Any temporary outdoor sound system must be operated so that no sound is conveyed beyond the property line.

g.

The exterior of the premises shall be kept clean, orderly and well-maintained.

h.

The applicant must make application on a form to be provided by the Zoning Administrator and accompanied by a narrative describing the promotional event, a plot plan and application fee.

(Ord. No. Z-029, § 2, 9-11-2023)

Temporary buildings, dwellings, structures and uses shall be permitted with a land use permit issued by the Zoning Administrator and when all other Ordinance requirements have been met.

A.

Temporary buildings for sales. One (1) Temporary building for the sales and marketing of a private development project is permitted if the temporary building was approved as part of the site plan and all other Ordinance requirements have been met. The building shall be permitted until ninety percent (90%) of the lots or units are sold.

B.

Temporary sales offices. One (1) Temporary sales office for the marketing and sales of a private development project shall be permitted in an approved dwelling unit. The use shall be restricted to sales activities related to the site or development on which it is located and shall have valid building permits and/or Development Agreement in place as determined by the Zoning Administrator. The building shall be permitted until ninety percent (90%) of the lots or units are sold.

C.

Temporary construction buildings and structures. Temporary structures used as offices and storage by contractors, construction personnel and homeowners are permitted. Temporary facilities include but are not limited to: construction trailers, dumpsters, storage containers and portable toilets. Use of said structures shall be restricted to construction activities related to the site or development on which they are located and must have valid building permits and/or Development Agreements in place as determined by the Zoning Administrator.

1.

Setbacks. Setbacks may be varied but shall be determined based on review of site conditions and the use of the temporary structure. The minimum set back from existing structures shall be no less than six (6) feet.

D.

Temporary dwellings. Temporary dwellings may be permitted upon a finding by the Zoning Administrator that:

1.

The principal dwelling has been destroyed in whole or in part by fire, explosion or natural disaster and therefore is unsuitable for use; or

2.

The principal dwelling is under construction by the occupant of the temporary dwelling.

E.

Temporary residential accessory structures. Are permitted with an approved land use permit issued by the Zoning Administrator.

1.

Temporary residential accessory structures such as dumpsters, storage containers, portable toilets, may be permitted for a period of thirty (30) days.

2.

Temporary residential accessory structures such as tents for garage sales and family events may be permitted for a period not to exceed seven (7) consecutive days. A land use permit is not necessary for garage sale or family event tents.

F.

Permit application and review standards.

1.

An application for a permit for temporary building, dwelling, structure or use shall be made to the Zoning Administrator. The application shall be accompanied by a plot plan showing the location of each proposed structure, water supply and sewage treatment facilities.

2.

The application shall be reviewed by the Zoning Administrator. Approval of the application may be granted upon a finding that all of the following conditions are met:

a.

The temporary dwelling, building, structure or use shall be served by and properly connected to approved water supply and sewage treatment facilities.

b.

The temporary dwelling or building shall comply with all applicable Zoning District requirements including setback, area, bulk, and other requirements, except minimum size requirements.

3.

The permit for a temporary dwelling, building or structure shall be valid for six (6) months and may be extended for demonstrated cause for a maximum of one (1) year from the date of initial approval. Any conditions of approval shall be specified in writing on the permit. The temporary dwelling or building or structure shall be placed in accordance with all applicable building codes and standards. The permit shall run with the building permit and shall be revoked if building permit is closed.

4.

No permit shall be issued until a cash bond has been posted in an amount to be determined by the Zoning Administrator to guarantee compliance with the provisions of the Ordinance and removal of the temporary dwelling upon expiration of the permit.

A.

Accessory dwelling units in single family residential zoning districts.

1.

One (1) accessory dwelling unit may be permitted under the following conditions:

a.

The accessory dwelling unit is located entirely within the principal buildings, including space in attached garages, and shall be prohibited in any detached accessory structure.

b.

The accessory dwelling unit is on a parcel of at least twelve thousand (12,000) square feet.

c.

Accessory dwelling units shall be prohibited in any basement.

d.

The site must provide off-street parking for at least four (4) vehicles.

2.

The exterior of the principal building shall retain the residential character of a single-family home. The principal building shall not be modified to give the appearance of being divided into separate units. Access to an accessory dwelling unit shall be limited to a common front foyer or a separate entrance door on a side or rear wall. The use of exterior stairways to provide access to upper floor accessory dwelling unit is prohibited.

3.

An accessory dwelling unit shall have a minimum gross floor area of three hundred fifty (350) square feet, and may not occupy more than twenty-five percent (25%) of the principal building gross floor area.

4.

The principal building shall be the primary and permanent legal residence of the owner(s) of the property. The owner(s) of the property shall occupy a minimum of fifteen hundred (1,500) square feet of gross floor area within the principal building. Permitted accessory dwelling units shall be clearly secondary to the use of the dwelling as a single-family residence.

5.

No accessory dwelling unit shall be issued a separate street address.

6.

An accessory dwelling unit requires a land use permit. The Zoning Administrator may require any supporting documentation such as a plot plan, floor plans and building elevations. The property owner must submit a notarized affidavit affirming their residence in the principal dwelling unit. The Zoning Administrator may periodically require that such affidavit be renewed.

B.

Accessory dwelling units in office and commercial zoning districts.

1.

Accessory dwelling units shall be contained entirely within the principal building.

2.

Ground floor accessory dwelling units shall occupy no more than twenty-five percent (25%) of the gross floor area of the building.

3.

Second story accessory dwelling units shall occupy no more than fifty percent (50%) of the gross floor area of the building.

4.

Each accessory dwelling unit shall have a minimum gross floor area of three hundred fifty (350) square feet and in no instance shall the accessory dwelling unit occupy more than a total of fifty percent (50%) of the gross floor area of the building.

5.

Accessory dwelling units shall not be located in any basement.

6.

Each accessory dwelling unit shall have a separate kitchen, bath and toilet facilities and a private entrance. Where there is more than one (1) accessory dwelling unit in a building, such entrances may be provided from a common hallway.

7.

All accessory dwelling units shall require a land use permit, and are subject to special land use approval by the Township Board and site plan approval by the Planning Commission.

It is the intent of this section to establish minimum standards to allow for the operation of home occupations in residential zoning districts. It is not the intent of this section to prohibit hobbies which are clearly for the enjoyment of the resident and not for the purpose of generating or supplementing income. In determining whether an activity may be classified as a home occupation, the following factors shall be considered:

A.

Two (2) employees other than persons who permanently reside at the home are permitted.

B.

The exterior of the house shall not be modified to give the appearance of a commercial enterprise and shall retain the character of a residence.

C.

No substances shall be used except such that is normal for domestic or household purposes.

D.

Not more than two (2) clients, customers, or business associates shall visit the premises at one time.

E.

The site must provide adequate off street parking for the home occupation and dwelling unit.

F.

One (1) accessory building may be used for such home occupation.

G.

No outdoor storage or activity shall be permitted in connection with a home occupation.

H.

A home occupation shall not result in any continuous, intermittent, pulsating, or other noise which can be heard outside of the structure in which it is conducted.

I.

Land use permits are required for any home occupation except where:

1)

No public (e.g., patients, customers, clients) is invited to the residence for business purposes; and

2)

The business does not consume or generate materials or products requiring deliveries other than those customarily incidental to residential use.

The applicant must complete an application form provided by the Township which affirms their residence in the principal dwelling unit along with two supporting pieces of evidence of their residency such as lease agreements, utility bills, state-issued identification or driver license. The Zoning Administrator may require supporting documentation such as a plot plan, floor plans, and building elevations. If the applicant is not the property owner, he shall submit a notarized letter from the property owner(s) authorizing application for the home occupation. The Zoning Administrator may require such affidavit be renewed, and may make periodic inspections to determine compliance.

There are uses and activities which are not compatible with residential use. Many, but not all such uses are listed in Article 4 under OS, C-1, C-2, IM and TR District Regulations. Such uses shall not be permitted as a home occupation. The Zoning Administrator may consider not only the factors listed above, but also evidence such as patterns of customer, employee and truck traffic, and advertising efforts in determining that a use shall not be established or continued as a home occupation.

J.

Medical marihuana activities are permitted as home occupation, subject to the following limitations:

1.

All medical marihuana activities shall be conducted in full compliance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law as amended.

2.

All medical marihuana activities shall be conducted in full compliance with all applicable building and fire codes.

3.

Medical marihuana dispensaries, cooperatives, or other joint or shared growing facilities are expressly prohibited.

(Ord. No. Z-005, § 3, 3-11-2015; Ord. No. Z-029, § 2, 9-11-2023)

A.

Commercial vehicle parking and storage in residential districts. In all residential zoning districts, the parking or storage of any commercial vehicle is prohibited except that one (1) such vehicle per dwelling unit may be parked or stored within a building. This requirement shall not apply when the vehicle and/or trailer is present for the purpose of providing a required service to the residence and limited to the period of time in which the service is rendered.

B.

Recreational vehicle parking and storage in residential areas. Recreational vehicles or units may be parked or stored on any lot or parcel in agricultural or single-family residential zoning districts and on parcels where the principal use is a single-family residence in the HS, Highland Station zoning district, subject to the following requirements:

1.

Reserved.

2.

Any recreational vehicle or unit may be parked or stored in a garage.

3.

Two (2) recreational vehicles or units may be parked or stored outdoors on any lot occupied by a single-family dwelling.

4.

In all agricultural, single family districts or on parcels where the principal use is a single-family residence, recreational vehicles or units shall not be parked or stored in any required side or rear yard, except in the HS, Highland Station and LV, Lake and Village Residential districts, recreational vehicles or units shall not be parked or stored any closer than three (3) feet to any side or rear lot line. Recreational vehicles shall not be parked so as to block sight lines to lakes from neighboring parcels.

5.

Any recreational vehicle or unit parked or stored in the front yard shall not be allowed in the required yard unless the vehicle or unit is in a driveway. No recreational vehicle or unit may be placed so as to create a safety problem with sight distances from adjacent driveways or so as to create a nuisance. No recreational vehicle or unit shall be parked or stored in the road right-of-way.

6.

Only recreational vehicles or units owned by and titled to a permanent resident of the residential parcel may be parked or stored on said parcel.

7.

Recreational vehicles or units parked or stored shall not have permanent connections to water, gas, a septic system or a sanitary sewer system.

8.

Recreational vehicles or units may not be used for living, sleeping or household purposes for more than fifteen (15) days in a calendar year.

A.

Outdoor storage in residential districts.

1.

Outdoor storage on parcels zoned or used for residential purposes shall be permitted in side or rear yards when completely screened from view by a fence or landscaping.

2.

Outdoor storage shall not be permitted in front yards.

3.

Outdoor storage shall not be permitted on individual lots in manufactured housing parks or in multiple-family residential developments.

4.

Storage that is not related to the principal use is not permitted.

A.

Residential districts.

1.

No fence or other screening structure shall exceed six (6) feet in height in a side or rear yard.

2.

In required front yards, only decorative fences, forty-eight (48) inches or shorter, shall be permitted.

3.

On lakefront lots, fences and other screening structures which are located between the main building and the ordinary high water mark shall be open air type with no more than twenty percent (20%) opacity, and shall have a ten (10) foot setback from the ordinary high water mark.

4.

Fences or other screening structures shall consist of materials commonly used in conventional construction, including, but not limited to wood, metal, vinyl, masonry brick or natural stone. If one side of the fence or other screening structure has a more finished appearance than the other, then the side with the more finished appearance shall face the exterior of the parcel.

5.

Fences or other screening structures shall be maintained in good condition. Rotten or broken components shall be replaced, repaired, or removed.

6.

Barbed wire or other similar fences shall not be permitted.

7.

Above-ground single-strand wire or braided-wire fences, whether charged with low-voltage electricity or non-charged, are permitted for the enclosures of livestock only.

a.

If the livestock is removed, any electric fencing must be disabled or removed.

b.

All single-strand wire or braided wire fences must provide for enhanced visibility by one of the following means:

1.

Minimum three (3) inch solid top rail;

2.

Brightly colored ribbon installed alongside the wire;

3.

Reflectors or florescent tape affixed along the wire at a minimum spacing of eight (8) feet.

8.

Invisible fences for all animals are permitted.

9.

Reserved.

10.

Wire panel fences or rolled wire grid may be installed wherever fencing is typically allowed, with the exception of required front yards.

B.

Non-residential districts.

1.

Fences shall be permitted in the rear or side yard of non-residential districts and shall not extend in front of the principal building.

2.

Height shall not exceed eight (8) feet in height.

3.

Fences or other screening structures shall consist of materials commonly used in conventional construction, including, but not limited to wood, metal, vinyl, masonry brick or natural stone. If, because of the design or construction, one side of the fence or other screening structure has a more finished appearance than the other, the side of the fence or other screening structure with the more finished appearance shall face the exterior of the lot.

(Ord. No. Z-010, § 3, 10-11-2017)

Site grading shall be coordinated with adjacent properties so as to avoid a significant grade differential resulting in steep slopes which exceed twelve percent (12%) or necessitate consideration of a retaining wall. However, walls constructed to stabilize slopes or to hold back soils shall not be placed in required front, side or rear yards except where the finished slope above the wall is no higher than natural grade prior to excavation or placement of fill materials. The natural grade shall be determined by review of a topographic survey or Oakland County Geographic Information Systems data. Where a wall is placed to withhold manmade embankments, the height of the wall shall be no more than eight (8) feet high. Terracing shall be implemented when feasible, and landscaping shall be utilized to soften the visual impact of walls.Walls must be placed outside the required corner clearance area per Section 11.05, Clear Vision Area. Building permits are required for any wall over forty-eight (48) inches above grade. Retaining Wall is illustrated in Figure 2.14.

Any parcel of land which is to be occupied by a use or building shall have frontage on and direct access to a public street or private road which meets one of the following conditions:

A.

A public street which has been accepted for maintenance by the county road commission;

B.

A permanent and unobstructed existing private road of record; or

C.

A private road designed and constructed in accordance with Township standards and approved by the Township.

There shall be at least one tree in the front yard for each residential unit. The required tree may be existing or newly planted. The required tree shall be selected, installed and maintained according to the provisions of Article 12, Landscaping, and cannot be counted towards meeting other landscaping requirements of Article 12, such as street trees, green belts, screening, or parking lot landscaping.

Manufactured housing located outside of a manufactured home park shall meet the following provisions:

A.

Not more than one (1) residential unit shall be permitted per parcel.

B.

The lot on which a manufactured home is located shall meet all minimum lot size, setback, yard area, parking and all other pertinent zoning ordinance requirements. The manufactured home shall meet the minimum square foot requirements of the zoning district in which it is located.

C.

It shall be firmly and permanently attached to a solid foundation or basement not less in area than the perimeter area of the dwelling. The foundation and/or basement shall be constructed in accordance with the current construction codes as adopted by the Township.

D.

It shall not have any exposed wheels, towing mechanism or undercarriage.

E.

It shall be connected to a public sewer and water supply, if available, or to private facilities approved by the Oakland County Health Department.

F.

It shall comply with the current building and fire codes adopted by the Township for single-family dwelling units. A building systems report shall be required or the following standards shall be met and it shall be the responsibility of the Township Zoning Administrator to determine whether these standards are met, based upon a determination that all of the following conditions exist:

1.

It shall be aesthetically comparable in design and appearance to conventionally constructed homes found within one thousand (1,000) feet of the proposed mobile/manufactured home.

2.

The proposed manufactured home will have a combination of roof overhang and pitch of conventionally constructed homes typically found within one thousand (1,000) feet of the proposed manufactured home.

3.

The proposed manufactured home will have steps and/or porches which provide access to exterior doors, which are permanently attached to the ground and to the mobile/manufactured home structure, and which are comparable to steps and/or porches of conventionally constructed homes typically found within one thousand (1,000) feet of the proposed manufactured home.

4.

The proposed manufactured home will be covered with a siding material which is in color, texture, malleability, direction of joist and method of fastening to the structure comparable to siding of conventionally constructed homes typically found within one thousand (1,000) feet of the proposed manufactured home.

5.

The proposed manufactured home will have the glass on its windows recessed at least one and one-half (1½) inches behind the exterior surface of its siding.

6.

The proposed mobile/manufactured home will have front and rear or front and side exterior doors as such a combination of doors is found in a majority of the conventionally constructed homes within one thousand (1,000) feet of the proposed manufactured home.

7.

The proposed manufactured home will have a one-car garage or a two-car garage if such a garage is found in a majority of the homes within one thousand (1,000) feet of the proposed manufactured home. Said garage shall be attached to the principal structure if a majority of the garages within one thousand (1,000) feet are attached to the principal structure.

Before a building permit is issued for construction or alteration of a dwelling or commercial or industrial building, or a land use permit is issued for a business, an owner must first submit one of the following:

A.

A permit to install an individual on-site sewage disposal system issued by the Health Division of Oakland County or State of Michigan; or

B.

An inspection report from a septic system contractor verifying acceptable operation and capacity of an existing onsite sewage disposal system; or

C.

A Connection Permit for connection to an available public sanitary sewer system; or

D.

A Connection Permit for a community onsite sewage disposal system in accordance with the terms and conditions of the Highland Township Sewer and Water Ordinance.

Before a building permit is issued for construction of a dwelling or commercial or industrial building, an owner must first submit one of the following:

A.

A permit to install an individual on site water well system; or

B.

A Connection Permit for connection to an available public water supply; or

C.

Township Board approval of a community water supply system or extension of an existing public water supply system in accordance with the terms and conditions of the Highland Township Sewer and Water Ordinance.

As part of each approved site plan for a single-family or multiple-family development, or commercial or industrial business, an applicant must provide an acceptable stormwater management system designed in accordance with the Highland Township Engineering Design Standards and the provisions of Section 15.03, Stormwater Management.

A.

Intent. All uses in Highland Township shall adhere to all standards and regulations set forth in this Ordinance including the following:

1.

Airborne emissions.

a.

Smoke and air contaminants. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke or air contaminant from any source whatsoever to a density greater than that permitted by Federal or State standards. It shall be unlawful to discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment or nuisance to the public or which endanger the comfort, repose, health or safety of persons or which cause injury or damage to business or property.

b.

Odors. The creation of offensive odors is prohibited. This requirement is not intended to interfere with the operation of a farm, as defined by this Ordinance, which is lawful pursuant to the Michigan Right to Farm Act, as amended.

2.

Noise.

a.

The emission of measurable noises from the premises shall not exceed sixty (60) decibels as measured at the adjoining property lines in all districts except that the IM District shall not exceed seventy (70) decibels during normal work period between 6 a.m. and 10 p.m.

b.

Objectionable sounds of an intermittence nature, or sounds characterized by high frequencies, even if falling below the allowed decibel readings, shall be controlled so as not to become a nuisance to adjacent uses.

c.

Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

d.

Outdoor speakers which can be heard beyond the property boundaries of any use shall be prohibited.

e.

Use of outdoor commercial and industrial truck loading and unloading spaces within two hundred (200) feet of a residential district shall be prohibited between the hours of 10:00 pm and 6:00 am.

3.

Vibration.

a.

No Vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

b.

Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

B.

Waste disposal. All solid, liquid, sanitary and hazardous wastes shall be treated and disposed of in accordance with the standards of the Oakland County Health Department and the Michigan Department of Environmental Quality (MDEQ). Treatment or disposal of waste shall not create a hazard or nuisance to neighboring uses.

C.

Electrical disturbance, electromagnetic, or radio frequency interference. No use shall:

1.

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance.

2.

Cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

D.

Hazardous substances. Use, storage, handling and disposal of hazardous substances shall meet the following standards:

1.

Hazardous waste shall be treated and disposed of in accordance with the standards of the Oakland County Health Department and the Michigan Department of Natural Resources and Environment (MDNRE). Treatment or disposal of waste shall not create a hazard or nuisance to neighboring uses.

2.

It shall be unlawful for any person, firm, corporation or other legal entity to pollute, impair or destroy the air, water, soils or other natural resources within the Township. The use, storage, handling and/or disposal of hazardous substances and/or wastes in the form of solid, liquid, gaseous and/or sanitary wastes shall com.

3.

Any person, firm, corporation or other legal entity operating a business or conducing an activity which uses, stores or generates hazardous substances shall complete and file an Environmental Permits Checklist on a form supplied by the Township in conjunction with the following:

a.

Upon submission of a site plan;

b.

Upon any change of use or occupancy of a structure or premise; or

c.

Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.

4.

Prior to Township approval of the business or expansion which uses, stores or generates hazardous substances, the Environmental Permits Checklist shall be reviewed by the Township Fire Department for comment. In addition to Fire Department review, the Township may elect, at the applicant's cost, to use an independent consultant to review the Environmental Permits Checklist. The independent consultant's review shall determine the effects of the proposal on the local environment. All business and facilities which use, store or generate hazardous substances in quantities greater than one hundred (100) kilograms per month (per the Environmental Permits Checklist) shall comply with the following standards:

a.

Above ground storage.

i.

Hazardous substances shall be stored only in product-tight containers.

ii.

Secondary containment of hazardous substances shall be provided for all facilities. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

iii.

Outdoor storage of hazardous substances is prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism through secondary containment. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance, including an allowance for the expected accumulation of precipitation.

iv.

State and federal agency requirements for storage, leak detection, record keeping, spill prevention, emergency response, transport and disposal shall be met.

b.

Underground storage. State and federal agency requirements for storage, leak detection, record keeping, spill prevention, emergency response, transport and disposal shall be met.

Essential services shall be permitted as authorized under any franchise in effect within the Township, or as installed as part of any municipally owned public utility, subject to all applicable local, state and federal laws and regulations.

It is the intent of this Section to ensure conformity of all structures and uses to the requirements of the District in which the essential service is established wherever such conformity is practicable and not in conflict with the specific requirements of said franchise, or applicable laws and regulations. In the absence of such conflict, the Zoning Ordinance shall prevail.

Wireless communications facilities are defined as an essential service only where located on Township-owned sites incorporated into the Township's or County's emergency communication network or are associated with another authorized essential service.

Wireless communications facilities determined not to meet this definition are regulated as a special use under Section 10.24, Wireless Communication Facilities.

The Township recognizes that some businesses who sell and display sexually explicit materials as part of their inventory, but will not meet the standards requiring regulation under Section 10.03, ADULT ORIENTED BUSINESS AND OTHER REGULATED USES. Such businesses shall be governed by the following restrictions:

A.

No more than 29% of the stock in trade or interior floor space may be utilized for the display or sales of sexually explicit items or materials. "Sexually explicit" items or materials shall be located in an area in the rear of a building, restricted for adult access only, away from the main entrance. This restricted area shall be separated from the remainder of the business by means of racks, wall or other means that would screen visibility into the area. No "sexually explicit" items or materials shall be placed outside the restricted area.

B.

No "sexually explicit" items or materials shall be displayed so as to be visible from the exterior of the business. No sexually explicit items or materials shall be displayed on the ceiling.

C.

Magazines that display or depict "sexually explicit activities" or "specified anatomical areas" may be stored on a merchandise rack immediately adjacent to the restricted area but must contain opaque blinders that allow viewing of the magazine title only. If magazines are the only "sexually explicit" stock in trade, the display rack may be situated where sales staff can monitor and observe activity around the display rack. All magazines displaying or depicting "sexually explicit activities" that are stored outside the restricted area must be placed at a height of four feet or higher.

Alternate energy systems-site specific scale shall be permitted as freestanding accessory structures or as attachments to permitted principle if or accessory structure with a land use permit, subject to the following:

A.

Setbacks. All alternative energy systems must comply with required yard setbacks. In addition, the setback for windmills, turbines or similar structures shall be equal to twice the height of the structure.

B.

Height exception. All alternative energy systems shall comply with the maximum height otherwise allowed in the zoning district, except that personal scale windmills, turbines or similar structures may be permitted up to a maximum height of fifty (50) feet as measured from the ground to the highest point, including moving elements. There shall be a minimum of 15 feet clearance from the ground to the nearest moving element.

C.

Lot coverage. The area of the parcel covered by alternate energy systems shall not be included in the calculations for maximum lot area.

D.

Environmental performance standards. All alternative energy systems shall be installed and operated in conformance with Section 8.17, Environmental Performance Standards. In addition, photovoltaic panels shall be constructed of non-reflective materials or shall be oriented so as to not result in glare to adjacent properties.