Huron Charter Township
City Zoning Code
City Zoning Code
ARTICLE V
General Provisions
§ 530-40 Intent.
The intent of this article is to provide for those regulations that generally apply, regardless of the particular zoning district and to those conditional uses that may be permitted in certain zoning districts.
§ 530-41 Access management.
A.
Purpose. The purpose of this section is to recognize the correlation between land use decisions and traffic safety and operations. This section provides for the accurate evaluation of expected impacts of proposed projects to assist in decisionmaking. This section of this chapter is intended to regulate site plans, planned unit developments (PUDs), plats, lot splits, etc.; it is not intended to regulate an individual single-family residential dwelling site. However, the Zoning Administrator may apply the standards of this chapter to one single-family residential dwelling site, as appropriate. It is further intended to help achieve the following objectives:
(1)
Provide a standard set of analytic tools and format for preparing traffic impact studies.
(2)
Allow the community to assess the effects that a proposed project may have on the community by outlining necessary information and evaluation procedures to be used.
(3)
Provide clear access standards and roadway improvement policies that provide property owners with reasonable access and relate improvements to those specifically and uniquely attributable to the proposed development.
(4)
Ensure safe and reasonable traffic operating conditions on streets and at intersections after development of the proposed site.
(5)
Reduce the negative impacts created by individual developments by helping to ensure the transportation system can accommodate the expected traffic in a safe and effective manner.
(6)
Realize a comprehensive approach to the overall impacts of developments along arterials and collectors, rather than a piecemeal approach.
(7)
Protect the substantial public investment in the existing roadway system.
B.
Application of standards for arterials and collectors.
(1)
The standards of this section shall be applied to land uses within all zoning districts located on an arterial or collector road.
(2)
A traffic impact study [see Subsection B(3) below] shall be required for a rezoning, site plan, condominiums or subdivision plat under any of the following situations:
(a)
For any proposed rezoning, whether consistent or not with the current Master Plan, when the proposed uses could generate at least 100 trips during the peak hour or over 750 trips in an average day. The traffic impact study shall evaluate the changes between the potential uses that are the most intense trip generators under the current zoning and the zoning being requested.
(b)
For any proposed site plan when the proposed uses could generate at least 100 trips during the peak hour or over 750 trips in an average day.
(c)
For other proposed development projects, as may be requested by the Planning Commission. Examples may include projects requiring special land use permits or PUDs.
(3)
The traffic impact study shall be submitted at the time of site plan application. The study shall be prepared by a professional engineer registered in the State of Michigan or Community Planner with AICP or PCP certification with education and experience in transportation planning and/or traffic engineering. Data should be presented in tables, graphs, maps, and diagrams whenever possible for clarity and ease of review. The contents of the study shall include:
(a)
Description of site, surroundings, and study area. Illustrations and a narrative should describe the characteristics of the site and adjacent roadway system, including functional classification, number of lanes, speed limits, etc. This description should include surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features, and a description of any committed roadway improvements.
(b)
Description of requested zoning or use.
[1]
For a rezoning or Master Land Use Plan amendment, a description of the potential uses which would be allowed, compared to those allowed under current zoning, should be provided.
[2]
For a site plan, plat, or development plan, a description of factors, including but not limited to number and types of dwelling units, the gross and usable floor area, or the number of employees should be provided.
(c)
Description of existing traffic conditions. Roadway characteristics shall be described and illustrated, as appropriate. Features to be addressed include lane configurations, geometrics, signal timing, posted speed limits, and any sight distance limitations.
(d)
Traffic counts. Existing conditions, including peak-hour volumes and daily volumes on roads adjacent to the site, should be provided. Existing counts and levels of service calculations for intersections in the vicinity which are expected to be impacted should be provided. Traffic count data shall not be over three years old, and shall be adjusted by a growth factor to reflect current conditions. Counts shall be taken on a Tuesday, Wednesday or Thursday of non-holiday weeks. Additional counts on other weekdays or on weekends may be required in some cases, as requested by the Planning Commission.
(e)
Traffic crash data and analysis. Crash data shall be evaluated, covering the most recent three years of available information for the study area.
(f)
Road right-of-way. The existing road right-of-way shall be identified, along with any planned expansion of the right-of-way by the applicable road agency.
(g)
Background traffic growth. For any project with an anticipated completion date beyond one year from the time of the study, the analysis shall also include a scenario analyzing forecast traffic at the date of completion. The forecast shall be based on long range projections from a network traffic assignment model, if available, historic annual percentage increases, and/or future development in the area which has been approved.
(h)
Trip generation.
[1]
Trip generation of the proposed use shall be forecasted for the a.m. (if applicable) and p.m. peak hour and the average day. The forecasts shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE).
[2]
If a particular land use code in Trip Generation has a data set that is statistically significant, then a value one standard deviation above the average value of the data set shall be used. If it is not statistically significant, then the maximum value of the data set shall be used.
[3]
Alternately, a published or unpublished trip generation study for a comparable development may be utilized, if performed by a professional engineer and subject to review and approval by the Township Engineer.
[4]
Trip reduction for pass-by trips, ride-sharing, transit, etc. are generally not allowed without specific approval of the Township.
[5]
For projects intended to be developed in phases, the trip generation by phase shall be described.
(i)
Trip distribution. The projected traffic generated shall be distributed for inbound and outbound movements onto the existing road network to forecast turning movements at site access points and nearby intersections, where required. Forecasted turning movements shall be illustrated in the report. A description of the application of standard engineering procedures for determining the distribution should also be included.
(j)
Impact analysis.
[1]
Capacity or level-of-service (LOS) analysis at the proposed access points and intersections to be reviewed shall be performed using the procedures outlined in the most recent edition of Highway Capacity Manual, published by the Transportation Research Board. Generally, capacity analyses shall be performed for all intersections in the study area where the expected traffic generated at the site will comprise at least 5% of the existing intersection capacity, and/or locations experiencing a relatively high crash rate.
[2]
Gap studies and/or traffic signal warrant studies for unsignalized intersections should be provided where applicable.
(k)
Other study items.
[1]
The need for, or provision of, any additional road right-of-way.
[2]
Changes which should be considered to the plat or site plan layout.
[3]
The adequacy of the queuing (stacking) area for a drive-through facility, or other facilities of concern.
[4]
Evaluation of sight distances at proposed site driveways.
(l)
Mitigation and alternatives. The study shall outline mitigation measures specifically and uniquely attributable to the development that are needed to maintain traffic flow to, from, and within the site at an acceptable and safe level. It shall demonstrate any changes to the level-of-service (LOS) achieved by these measures. The mitigation measures may include, but are not limited to, items including, but not limited to roadway widening, passing lanes, turning lanes, deceleration tapers/lanes, changes to signalization, use of access management or travel demand management techniques, and the reduction in the proposed intensity of development.
(4)
The access management and driveway standards contained herein shall be required in addition to, and, where permissible, shall supersede, the requirements of the Michigan Department of Transportation (MDOT) and/or the Wayne County Department of Public Services (WCDPS).
(5)
For expansion and/or redevelopment of existing sites, where the Planning Commission determines that compliance with all standards of this section is unreasonable, the standards shall be applied to the maximum extent possible. In such situations, suitable alternatives which substantially achieve the purpose of this section may be accepted by the Planning Commission, provided that the applicant demonstrates that all of the following apply:
(a)
Size of the parcel is insufficient to meet the dimensional standards.
(b)
The spacing of existing, adjacent driveways or environmental constraints prohibit adherence to the access standards at a reasonable cost.
(c)
The use will generate less than 500 total vehicle trips per day or less than 75 total vehicle trips in the peak hour of travel on the adjacent street, based on rates developed by the Institute of Transportation Engineers.
(d)
There is no other reasonable means of access.
C.
Access controls. A single means of direct or indirect access shall be provided for each separately owned parcel. Where possible, this access shall be by way of a local road, shared driveway or a marginal access (service) drive. Where it is not possible to provide shared access, this access may be by a single driveway. The control of driveway and local road access to arterial and collector roads in the Township is critical to the safe and efficient operation of these facilities. Experience has shown that implementation of these policies will minimize highway congestion and crashes, while creating more attractive, function, and economically viable places throughout the Township.
(1)
Direct access. The number of driveways shall be the minimum necessary to provide reasonable access for regular traffic and emergency vehicles, while preserving traffic operations and safety along the public roadway. No more than one driveway (or a one-way pair) is allowed per property, unless appropriate documentation is provided demonstrating the need for additional driveways. Additional driveways may be permitted for a property only under one of the following:
(a)
One additional two-way driveway may be allowed for properties with a continuous frontage of over 500 feet, and one additional two-way driveway for each additional 500 feet of frontage, if the Planning Commission determines there are no other reasonable access opportunities.
(b)
Two one-way driveways may be permitted along a frontage of at least 125 feet, provided that the driveways do not interfere with operations at other driveways or along the road.
(c)
The Planning Commission may determine additional driveways are justified due to the amount of traffic generated by the use, without compromising traffic operations along the public road, based upon a traffic impact study submitted by the applicant. Similarly, they may determine that additional driveways are required due to community interests, including but not limited to emergency vehicle access or to avoid unduly concentrating traffic into or out of the site.
(2)
Indirect access. The use of shared driveways, service roads, and cross access, in conjunction with driveway spacing, is intended to preserve traffic flow along arterials and collectors and minimize traffic conflicts, while retaining reasonable access to the property. Where noted herein, or where the Planning Commission determines that reducing the number of access points may have a beneficial impact on traffic operations and safety while preserving the property owner's right to reasonable access, access from a side road, a shared driveway, or service street connecting two or more properties or uses may be required. In particular, service drives, frontage roads, or parking lot maneuvering lane connections between lots or uses may be required in the following cases:
(a)
Where the driveway spacing standards of this section cannot be met.
(b)
When the driveway could potentially interfere with traffic operations at an existing or potential traffic signal location.
(c)
The site is along a corridor within the Township where there is congestion or a relatively high number of accidents.
(d)
The property frontage has limited sight distance.
(3)
Recirculation of traffic within sites. If developments are proposed that utilize one-way circulation aisles, the site shall be configured to allow the recirculation of traffic within the site without the need to first exit out onto the street system. For those developments that utilize cross access with adjacent properties, recirculation of traffic may occur through the cross access, upon approval of the Planning Commission.
(4)
Interconnection requirements between plats/site condos. All plats or site condominiums constructed after the adoption date of this chapter shall provide an interconnecting street or dedicated easement to adjacent vacant properties and/or existing developments, when determined feasible by the Planning Commission. Therefore, all interconnecting streets shall be designed to the current WCDPS standard and, whether public or private, shall be coordinated with adjacent property owners.
(5)
Access conflicts with major intersections. Driveways should be located and designed to minimize interference with the operation of left-turn lanes at arterial road intersections.
(6)
Driveway locations.
(a)
Driveways shall be so located that no undue interference with the free movement of road traffic will result, to provide the required sight distance, and the most favorable driveway grade.
(b)
Driveways, including the radii, but not including right-turn lanes, passing lanes and tapers, shall be located entirely within the permit applicant's right-of-way frontage, unless the driveway is being shared by adjacent property owners. This right-of-way frontage is determined by projecting the property lines to the edge of pavement of the road. Encroachment of curb and radii on adjacent right-of-way frontage shall be permitted only upon written certification from the adjacent property owner agreeing to such encroachment or as necessary to preserve the safety of the road.
(7)
Driveway spacing between driveways.
(a)
The minimum spacing between two driveways on the same side of the street shall be based upon posted speed limits along the parcel frontage. The minimum spacing indicated below is measured from center line to center line.
Driveway (Two-Way) Spacing Standards for Arterial Roads | ||
|---|---|---|
Posted Speed Limit (mph) | Minimum Driveway Spacing (feet) | |
25 | 130 | |
30 | 185 | |
35 | 245 | |
40 | 300 | |
45 | 650 | |
50 + | 455 | |
Driveway (Two-Way) Spacing Standards for Collector Roads | ||
|---|---|---|
Posted Speed Limit (mph) | Minimum Driveway Spacing (feet) | |
25 | 125 | |
30 | 150 | |
35 | 175 | |
40 | 200 | |
45 | 230 | |
50 + | 275 | |
(b)
For sites with insufficient street frontage to meet the above criterion, the Planning Commission may require construction of a driveway out to a side street, a shared driveway with an adjacent property, construction of a driveway along the property line farthest from the other driveway, or require a service drive/frontage road.
(8)
Driveway spacing from intersections. A proposed driveway should be located as far as practicable from an intersection, either adjacent to it or on the opposite side of the road. The distance may be set on a case-by-case basis by the Planning Commission during site plan review, but in no instance shall be less than the distances listed above. For sites with insufficient road frontage to meet the above criterion, the Planning Commission may require construction of the driveway along a side road, a shared driveway with an adjacent property, construction of a driveway along the property line farthest from the intersection, or require a service/frontage road.
(9)
Driveway offsets. To reduce left-turn conflicts, new driveways should be aligned with driveways or roads on the opposite side of the roadway where possible. If alignment is not possible, driveways should be offset a minimum of 250 feet along an arterial highway and 150 feet along collector roadways. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways, or sight distance limitations.
D.
Roadway improvement design concepts. In the event that roadway widening is proposed to provide for safe access into the development of left-turning traffic, the Township encourages the provision of center lanes for left turns, and discourages the use of passing lanes. Passing lanes shall not be permitted if any portion of the passing lane or its tapers overlap or fall within 200 feet of any existing center lane for left turns or its tapers. In such cases, the existing center lane for left turns shall be extended to provide turning storage for access to the proposed development.
(1)
Measuring driveway spacing and offsets. For the purposes of determining the distances between driveways, their offsets to one another, and the spacing to intersections, the measurement shall be based on extending the center line of the driveway(s) out to the center of the traveled portion of the road, and measuring along the center of the road.
(2)
Sight distance.
(a)
The minimum and desirable sight distance for the indicated types of approaches shall be in accordance with the following tables:
Commercial Driveways and Private Roads | |||||||
|---|---|---|---|---|---|---|---|
Speed Limit (mph) | 25 | 30 | 35 | 40 | 45 | 50 | 55 |
Minimum sight distance, feet | 360 | 430 | 490 | 560 | 620 | 680 | 760 |
Desirable sight distance, feet | 360 | 430 | 530 | 660 | 830 | 1030 | 1240 |
Residential Drives, When Driving Forward Out Of The Driveway | |||||||
|---|---|---|---|---|---|---|---|
Speed Limit (mph) | 25 | 30 | 35 | 40 | 45 | 50 | 55 |
Minimum sight distance, feet | 250 | 300 | 350 | 400 | 450 | 500 | 550 |
Desirable sight distance, feet | 360 | 430 | 490 | 560 | 620 | 680 | 760 |
Residential Drives, When Backing Out Of The Driveway | |||||||
|---|---|---|---|---|---|---|---|
Speed Limit (mph) | 25 | 30 | 35 | 40 | 45 | 50 | 55 |
Minimum sight distance, feet | 300 | 350 | 400 | 450 | 500 | 550 | 600 |
Desirable sight distance, feet | 375 | 440 | 520 | 600 | 700 | 830 | 980 |
(b)
Sight distance shall be measured 15 feet from the edge of pavement. The eye height will be assumed to be 3.25 feet and the object height will be two feet. The posted speed limit will be used to determine the required sight distance.
(3)
Driveway details. Driveways shall be designed according to the applicable standards of the MDOT or WCDPS and in accordance with the following:
(a)
For high traffic generators, or for driveways along roadways experiencing or expected to experience congestion, all as determined by the Planning Commission, two egress lanes may be required, one being a separate left-turn lane.
(b)
Where a boulevard entrance is designed by the applicant or required by the Planning Commission, a fully curbed island shall separate the ingress and egress lanes. The radii forming the edges on this island shall be designed to accommodate emergency vehicles. The minimum area of the island shall be 180 square feet. The Planning Commission may require landscaping of the area located outside the public right-of-way. Such landscaping shall be tolerant of roadway conditions. Direct alignment of boulevard entrances across from one another is discouraged.
§ 530-42 Accessory buildings, structures and uses.
[Amended 10-27-2024 by Ord. No. 24-03]
A.
Detached accessory buildings (residential). Except as otherwise permitted in this Zoning Ordinance, all detached accessory buildings located in a residential district, and less than 600 square feet in area, are subject to the following:[1]
(1)
All accessory buildings shall be architecturally compatible with the principal building (i.e., building materials, roof pitch, height, etc.). A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.
(2)
All multiple-story detached accessory buildings in the R-2 and R-3 Zoning Districts shall be subject to the special land use criteria and procedures of § 530-11.
(3)
Habitable space is allowed within a detached accessory buildings subject to the special land use criteria and procedures of § 530-11 and the following:
(a)
No more than 50% of the total floor area (combined first and second floors, where applicable) may be occupied as habitable space.
(b)
The space may only be occupied by an immediate family member (i.e., father, mother, daughter, son, grandparent, and grandchild).
(c)
Under no circumstance shall the space be rented or cause to be occupied by someone other than an immediate family member.
(d)
All such detached accessory buildings shall be located no less than 20 feet from a rear or side property line and no less than 30 feet another building.
(5)
Before a building permit can be issued, a certificate of zoning compliance shall be sought and will be issued if determined by the Zoning Administrator that all ordinance provisions have been satisfied.
[1]
Editor's Note: See Detached Accessory Buildings in Residential Districts, which is included as an attachment to this chapter.
B.
Detached accessory buildings (office and commercial). Except as otherwise permitted in this Zoning Ordinance, all detached accessory buildings located in an office or commercial district are subject to the following regulations:
(1)
All buildings shall be subject to review by the Zoning Administrator.
(2)
All buildings shall be located in the rear yard only.
(3)
All buildings are subject to the same placement and height requirements applicable to main structures in the district.
(4)
All buildings shall not exceed a ground floor area of 900 square feet.
(5)
Before a building permit can be issued, a certificate of zoning compliance shall be sought and will be issued if determined by the Zoning Administrator that all ordinance provisions have been satisfied.
C.
Attached accessory buildings (residential). Except as otherwise permitted in this Zoning Ordinance, all attached accessory buildings located in a residential district are subject to the following regulations:
Maximum Building Height | ||||
|---|---|---|---|---|
Districts | Floor Area | Stories1 | Feet1 | |
RR, R-1, R-2, R-3 | 40% of the principal building | 2 | 30 | |
RM | 40% of the principal building | 2 1/2 | 35 | |
MHP | 40% of the principal building | See § 530-90 | See § 530-90 | |
NOTES: | ||
1 | The height shall not exceed that of the existing main building. | |
(1)
All accessory buildings shall be architecturally compatible with the main building (i.e., building materials, roof pitch, height, etc.). A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.
(3)
Before a building permit can be issued, a certificate of zoning compliance shall be sought and will be issued if determined by the Zoning Administrator that all ordinance provisions have been satisfied.
D.
Decks. Decks requiring a foundation shall be subject to the following:
(1)
The total square footage, excluding steps, shall not exceed the ground floor area of the principal building.
(2)
Decks shall be subject to the following minimum setback requirements:
(a)
A deck shall comply with the side yard requirements of the district in which it is located.
(b)
A deck shall be permitted to encroach in the required rear and/or front yard by no more than 10 feet, provided the portion of a deck that occupies the required yard shall not be above the elevation of the first floor of the residence. Furthermore, the portion of a deck that occupies the required yard shall not contain any enclosed or covered structures, including but not limited to a gazebo or screened porch.
(3)
Before a building permit can be issued, a certificate of zoning compliance shall be sought and will be issued if determined by the Zoning Administrator that all ordinance provisions have been satisfied.
E.
Private swimming pools. Except as otherwise permitted in this Zoning Ordinance, all private swimming pools (above or below ground) shall be subject to the following:
(1)
Only permitted in the rear or side yard.
(2)
No swimming pool shall be located within five feet of any building.
(3)
There shall be a distance of not less than 10 feet between the adjoining property line and the outside of the pool wall.
(4)
No swimming pool shall be located less than 35 feet from a front lot line.
(5)
No less than a twenty-five-foot separation is required between a pool and a private water well and 75 feet from a public or semipublic water well.
(6)
The pool shall be three feet horizontally from any sewer line and 10 feet from any septic field.
(7)
The pool shall be at least 10 feet horizontally from any point directly under any overhead electrical or telephone line.
(8)
No swimming pool shall be located in an easement.
(9)
The pool area shall be constructed so that runoff from the pools will not flow onto adjoining property. The construction of a pool near a property line could require a curb or mounding of the earth to prevent runoff on adjoining property.
(10)
All pools shall be constructed so that there will not be a cross-connection between potable water system and pool circulation system. The water supply to the pool shall be protected against back flow by use of an approved back flow preventer.
(11)
All pools shall be protected by a four-foot wall or fence. Any gate or access to the pool shall be equipped with a lock. The fencing material shall be such so that it is not easy for children to climb. The stair or ladder, if it can be locked in an up position so that one cannot climb into the pools, can be used to secure an aboveground pool.
(12)
Before a building permit can be issued, a certificate of zoning compliance shall be sought and will be issued if determined by the Zoning Administrator that all ordinance provisions have been satisfied.
§ 530-43 Essential services.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the Township. The construction of buildings associated with essential services shall be subject to the provisions of § 530-12, Site plan review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.
§ 530-44 Farm dwellings.
In addition to other regulations set forth in this chapter, one additional detached single-family dwelling shall be permitted for seasonal agricultural workers. The additional dwelling unit shall conform to the following regulations:
A.
An additional single-family dwelling constructed, erected, created or maintained according to these special provisions shall conform to all other regulations and restrictions set forth by this chapter that pertain to similar such structures and/or as modified by this section.
B.
An additional single-family dwelling shall be allowed only on a lot containing no less than 10 acres.
D.
An additional single-family dwelling shall be located no less than 100 feet from any property lines.
§ 530-45 Fences, walls and screens.
[Amended 6-12-2013 by Ord. No. 13-03; 2-9-2022 by Ord. No. 22-01; 10-27-2024 by Ord. No. 24-04]
Except as otherwise required by this chapter, the following regulations shall apply:
A.
All districts. Fences, walls, and screens shall not to be located in any public right-of-way, clear zone (see § 530-56, Visibility at intersections) or any easement granted for the purposes of ingress or egress. These structures may be located on the property line, provided they do not interfere with underground utilities, and the applicant can provide evidence that the structure does not extend onto the adjacent property.
B.
Permit required. No person shall erect, alter the location of, place or allow to be placed, any fence without first obtaining a zoning compliance permit from the Community Development Department. The issuance of a zoning compliance permit by the Community Development Department for the placement of a fence does not constitute verification the fence is located within the property lines and Huron Township shall bear no responsibility if the fence is improperly located on adjacent property.
C.
Fee required. A fee may be established by resolution of the Township Board and will be required to be paid prior to the issuance of any zoning compliance permit.
D.
Surveys. It is strongly recommended prior to the placement of a fence the owner obtain a certified survey of the property to ensure the fence will be located entirely within the property boundaries.
(1)
The issuance of a zoning compliance permit by the Community Development Department for the placement of a fence does not constitute verification the fence is located within the property lines and Huron Township shall bear no responsibility if the fence is improperly located on adjacent property.
E.
Underground utilities. Property owners shall be responsible for locating all underground utilities prior to beginning construction by contacting MISS DIG or consulting other appropriate sources for utility location information.
F.
Permitted materials: Wood, wrought iron, tubular aluminum, chain link, aluminum, quality vinyl and other approved quality materials. Wood fences shall be pressure treated, painted, or stained. Board-on-board, shadow-box and semi-privacy fence styles may include a one-foot-high lattice top. Naturally water-resistant woods (i.e. teak, redwood, cedar) may be permitted.
G.
The finish side of the fence shall face out towards adjacent residential lots and public rights-of-ways.
H.
AG District. Within the limits of the required front yard of a lot in the above district, no fence, wall, or other screening structure shall exceed four feet in height unless at least 50% of the surface area is open when viewed from the perpendicular as determined by the Zoning Administrator.
I.
Residential districts. Within the limits of the required front yard of a lot within a residential district, no fence, wall, or other screening structure shall exceed four feet in height. No such fence, wall or other screening structure located within a side or rear yard shall exceed six feet in height. Refer to Article II, Terminology, for the definition of required front, side and rear yards and setbacks.
J.
Nonresidential districts. Within the limits of the required front yard of a lot within a nonresidential district, no fence, wall, or other screening structure shall exceed four feet in height. No fence, wall, or other screening structure shall exceed 10 feet in height.
K.
The use of barbed wire, spikes, nails, or other sharp pointed instrument of any kind on top or on the sides of any fence, electric current, or charge in said fences is prohibited except in conjunction with agricultural operations and the following specific regulations ( see Subsection F, below) for use in only Heavy Industrial District (I-2) outdoor storage areas. Barbed-wire cradles may also be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.
L.
Electric fences.
(1)
The construction and use of electric fences shall be allowed only in the Heavy Industrial District (I-2) outdoor storage areas and as provided in this section, subject to the following standards.
(a)
IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
(b)
Electrification:
[1]
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.
[2]
The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
(c)
Perimeter fence or wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than six feet.
(d)
Location. Electric fences shall be permitted only in heavy industrial outdoor storage areas after being reviewed by the Planning Commission. An electrical permit must be pulled.
(e)
Height. Electric fences shall have a maximum height of 10 feet.
(f)
Warning signs. Electric fences shall be clearly identified with warning signs that read: "Warning: Electric Fence" at intervals of not less than 60 feet.
(g)
Electric fences shall be governed and regulated under burglar alarm regulations and permitted as such.
(h)
It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.
M.
On waterfront lots, fences that are located between the rear of the principal building and the shoreline shall be of an open-air type, permitting visibility through at least 80% of its area.
N.
Retaining walls shall be designed and constructed in accordance with applicable building code requirements.
O.
Fenced dog runs and/or pens shall be located no less than 20 feet from all property lines in the RR and R-1 Zoning Districts and 10 feet from all property lines in the R-2 and R-3 Zoning Districts.
P.
Open storage.
(1)
There shall be no outdoor storage of any industrial or commercial equipment, vehicles and/or other materials, including wastes, unless otherwise provided by this chapter. Any storage shall be screened from public view from a public street and from adjoining properties by an enclosure consisting of a wall not less than the height of the equipment, vehicles and all materials to be stored, except in I-1 and I-2 Districts, and unless specifically covered in this chapter. Whenever such open storage is adjacent to a residential zone, special purpose or mobile home park in either a front, side or rear lot line relationship, whether immediately abutting or across a right-of-way from such zone, there shall be provided an obscuring masonry wall or wood fence of at least six feet in height.
(2)
Such masonry wall or wood fence shall be repaired, maintained and kept in good condition by the owners, and where necessary, if the wall or fence is not properly maintained, money shall be put in escrow for repair and maintenance so as to not allow disrepair to continue.
§ 530-46 General exceptions.
The regulations in this chapter shall be subject to the following interpretations and exceptions:
A.
Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the Township of Huron, it being the intention hereof to exempt such essential services from the application of this chapter.
B.
Voting place. 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.
C.
Height limit. The height limitations of this chapter shall not apply to chimneys, church spires, flagpoles, essential services or public monuments; provided, however, that the Planning Commission may specify a height limit for any such structure when such structure requires special land use approval. The Planning Commission shall only give approval if the total height is not adverse to the character of the area, detrimental to the use and/or value of the surrounding properties, and not injurious to the health, safety, and welfare of the Township of Huron. In addition, any height requirement, variance, or waiver in excess of 70 feet shall require mandatory approval of the Federal Aviation Agency.
D.
Lots adjoining alleys. In calculating the area of a lot that adjoins a dedicated alley or lane, for the purpose of applying lot area requirements of this chapter, 1/2 the width of such alley abutting the lot shall be considered as part of such lot.
E.
Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned unit development in the multiple-family district, or where their application cannot be determined on lots existing and of record at the time this chapter became effective, and on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified as determined by the Board of Appeals by the granting of a variance.
F.
Multiple dwelling side yard. For the purpose of side yard regulations, a two-family or multiple dwelling shall be considered as one building occupying one lot.
G.
Terrace. An open, unenclosed paved terrace may project into a front yard for a distance not exceeding 10 feet, but this shall not be interpreted to include or permit fixed canopies.
H.
Projections into yards. 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.
§ 530-47 (Reserved) [1]
[1]
Editor's Note: Former § 530-47, Home businesses, was repealed 8-10-2022 by Ord. No. 22-04]
§ 530-48 Home occupation.
All home occupations, with the exception of agricultural operations, shall be in single-family residences, subject to the following requirements:
A.
A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit used for dwelling purposes (up to 20% of usable floor area of the principal building or up to 50% of an accessory building).
B.
A home occupation shall not change the character or appearance of the structure or the premises, or other visible evidence of conduct of such home occupation. There shall be no external or internal alterations not customary in residential areas or structures.
C.
A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibrations, glare, fumes, odor, electrical interferences, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation. Any electrical equipment processes that create visual or audible interferences with any radio or television receivers off the premises or which cause fluctuations in line voltages off the premises shall be prohibited.
D.
A home occupation shall not generate sewage or water use in excess of what is normally generated from a single-family dwelling in a residential area.
E.
No employees shall be permitted other than members of the immediate family residing in the dwelling unit.
F.
G.
There shall be no vehicular traffic permitted for the home occupation, other than as is normally generated for a single-family dwelling unit in a residential area, both as to volume and type of vehicles.
H.
Parking for the home occupation shall not exceed two spaces. Such spaces shall be provided on the premises. Off street parking is subject to all regulations in Article X, Off-Street Parking and Loading. Parking spaces shall not be located in the required front yard.
I.
No signs (wall, ground, or vehicular) shall be used to advertise the business.
J.
No article shall be sold or offered for sale on the premises except as is prepared within the dwelling or accessory building or is provided as incidental to the service or profession conducted therein.
K.
The exterior storage of material, equipment, or refuse associated with or resulting from a home occupation shall be prohibited.
L.
The following list of uses (representative, but not exhaustive) and similar uses, by the nature of their operation, have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses shall not be permitted as home occupations:
[Added 8-10-2022 by Ord. No. 22-05]
(1)
Medical clinics and hospitals.
(2)
Animal hospitals.
(3)
Antique shops.
(4)
Landscape installation and maintenance businesses, including lawn mowing businesses.
(5)
Trade shops for contractors, such as, but not limited to electricians, plumbers and welders.
(6)
Snow plowing and/or removal businesses.
(7)
Concrete, excavation and similar contractors.
(8)
Trailer rental.
(9)
Fitness center or gymnasium, but this is not intended to prohibit personal trainers.
(10)
Restaurants and tearooms.
(11)
Repair shops and service establishments.
(12)
Uses similar to the above, as determined by the Zoning Administrator.
§ 530-49 Open space preservation.
A.
Whenever the preservation of open space is required by this chapter, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the land uses continue as approved in the open space community plan. The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the Planning Commission, including but not limited to:
(1)
Recorded deed restrictions.
(2)
Covenants that run perpetually with the land.
(3)
Conservation easements, including but not limited to those established per the State of Michigan Conservation and Historic Preservation Easement Act, Public Act 60 of 1995 (MCLA § 324.2140 et seq.), as amended.[1]
(4)
Land trust.
B.
Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:
(1)
Indicate the proposed allowable use(s) of the dedicated open space.
(2)
Demonstrate to the satisfaction of the Township that dedicated open space shall be maintained.
(3)
Provide standards for scheduled maintenance of the open space.
(4)
Provide for maintenance to be undertaken by the Township in the event that the dedicated open space is inadequately maintained, or is determined by the Township to be a public nuisance, with the assessment of costs upon property owners within the proposed development.
§ 530-50 Open space preservation option. [1]
At the option of the owner, land zoned AG, RR, R-1, R-2 or R-3 may be developed for detached single-family residential subdivisions and condominiums in the fashion established under MCLA § 125.3506, Developments combining increased density of dwelling units and open space preservation, of the Michigan Zoning Enabling Act, as amended. Land developed under this option must adhere to the following requirements:
A.
Minimum open space required. In all developments proposed under the standards of this option, up to 50% of the "gross buildable area" of the subject property may be perpetually preserved as open space. "Gross buildable area" is defined as that portion of the gross site area that is buildable and specifically excluding areas that are not buildable including, but not limited to: open bodies of water, streams, floodplains, wetlands and other such non-buildable areas as defined by the MDEQ.
B.
C.
The following land areas may be applied toward satisfaction of the open space provision stated under § 530-50A above:
(1)
Uncleared areas of the site left in their natural condition.
(2)
Landscaped greenbelts.
(3)
Public and private parks developed with recreational amenities, including but not limited to landscaping, gazebos, benches, play equipment, pathways (woodchip or paved), and wildlife enhancements.
(4)
Stormwater management facilities, including detention, retention and sedimentation basins, up to 25% of the total amount of open space required under § 530-50A above.
(5)
Buildable areas.
D.
Open space standards. Open space intended to satisfy the provisions stated under § 530-50A must adhere to the following standards:
(1)
Open space shall be centrally located, located along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces throughout the development.
(2)
Open space must be left in its natural condition, provided with recreational amenities, or landscaped. Preserved open space shall not be left primarily as lawn. This subsection shall not apply to stormwater management basins.
(3)
Open space provided along exterior public roads shall generally have a depth of at least 100 feet, and be either landscaped or left in a natural wooded condition. In either case, open space along exterior public roads shall be provided with a minimum of one evergreen or canopy tree for each 40 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into natural groupings to provide a natural appearance. Preservation of existing trees may be credited towards meeting this frontage landscaping requirement.
(4)
Open space must be accessible. Access can be provided via sidewalks and pathways throughout the development or where open space abuts road rights-of-way within the development.
(5)
The Planning Commission may require connections with adjacent open space, public land or existing or planned pedestrian/bike paths.
(6)
Views of open spaces from lots (or units) and roads within the development are encouraged. For larger developments (over 100 residential units or golf course communities), the Planning Commission may require view sheds of lakes or other areas as a condition of site plan approval. A viewshed shall be composed of at least 100 lineal feet of road frontage having an unobstructed view of a lake or other landscape feature found acceptable to the Planning Commission.
(7)
Where lakes and ponds are located within or abut a development, the Planning Commission may require open space to provide lake access.
(8)
Preservation of open space. Open space shall be set aside by the developer through an irrevocable recorded document that is found acceptable to the Planning Commission and Township Board as per § 530-15.
(9)
Preservation of open space as described above under § 530-49 shall assure that open space will be protected from all forms of development, except as shown on an approved plat or site plan, and shall never be changed to another use. The recorded document utilized shall indicate the proposed allowable use(s) of the preserved open space. The Planning Commission and Township Board may require the inclusion of open space restrictions that prohibit or require the following:
(a)
Prohibit dumping or storing of any material or refuse.
(b)
Prohibit activity that may cause risk of soil erosion or threaten any living plant material.
(c)
Prohibit cutting or removal of live plant material, except for removal of dying or diseased vegetation or seasonal pruning and necessary maintenance.
(d)
Prohibit use of motorized off-road vehicles.
(e)
Prohibit cutting, filling or removal of vegetation from wetland areas.
(f)
Prohibit use of pesticides, herbicides or fertilizers within or adjacent to wetlands.
(g)
Require that parties who have an ownership interest in the open space maintain the preserved open space.
(h)
Require for the provision of standards for scheduled maintenance of the open space.
(i)
Require for the provision of maintenance to be undertaken by Huron Township, at the Township's option, in the event that the preserved open space is inadequately maintained, or is determined by the Township to be a public nuisance, with the assessment of costs upon the property owners. Subject to § 530-15, Performance guarantee.
(10)
Continuing obligation. The preserved open space shall remain perpetually in an undeveloped state subject only to uses approved by the Township on the approved site plan or plat. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited.
(11)
Allowable structures. Any structure(s) or building(s) accessory to a recreation, conservation or agriculture use may be erected within the preserved open space, subject to the approved site plan.
E.
Lot size reduction.
F.
Required yard setbacks shall not be reduced.
G.
Land shall not be developed using this option in a manner that would necessitate the extension of public sewer or water outside of the Township's established utility district(s).
§ 530-51 Similar permitted principal and special land uses.
Land uses which are not contained by name in a zoning district list of uses permitted by right, special land uses, or accessory uses may be permitted by the Zoning Administrator, provided that such uses are clearly similar in nature and/or compatible with the listed or existing uses in that district. However, the Zoning Administrator may refer any or all such uses to the Planning Commission when there is a question of compatibility.
A.
Determination of compatibility. In the evaluation of a proposed use, the Zoning Administrator shall consider specific characteristics of the use in question and compare such characteristics with the characteristics of uses expressly permitted in the district. Such characteristics shall include, but not be limited to, daily traffic generation, types of merchandise or service provided, types of goods produced, expected hours of operation, and building characteristics.
B.
Type of use. If the Zoning Administrator finds that the proposed use is similar in nature and/or compatible with permitted or existing uses, the Zoning Administrator shall determine whether the proposed use shall be permitted by right, a special land use, or permitted as an accessory use. Uses that possess unique characteristics or unusual features that serve an area larger than the Township, or require large tracts of land shall be designated as special land uses, subject to the provisions set forth in § 530-11. Uses permitted by right or as accessory uses shall be subject to the review and approval requirements of the district in which they are located.
§ 530-52 Single-family dwellings, manufactured housing, prefabricated housing.
A.
Construction standards. Minimum construction standards for all one-family dwellings shall be pursuant to all applicable state, federal and/or local laws, codes and ordinances.
B.
Unit size and dimensions. Each dwelling unit shall comply with the minimum square footage requirements of the zoning district in which it is located. Each dwelling unit shall have a minimum width on all elevations of 24 feet.
C.
Foundation and anchoring.
(1)
Single-family dwellings must be installed on a permanent foundation. At a minimum, this shall include a cement block or poured foundation with cement footings around the complete outside perimeter of the dwelling. A basement, in accordance with applicable Township codes, may be substituted for equivalent portions of the foundation. If the foundation or basement does not meet specifications for imposed load capacity, adequate additional support shall be provided.
(2)
A crawl space of not less than 24 inches shall be provided between the bottom of the home and the ground level. The crawl space shall not be utilized for storage purposes.
(3)
A minimum of two exterior doors must be provided. All means of access, including but not limited to porches, steps and ramps, shall be fixed to the foundation of dwellings.
D.
Roof design.
(1)
The roof of each dwelling unit shall be pitched with a minimum 6:12 slope and shingled, with an overhang of not less than 12 inches on all sides. The roof must be permanently attached to and supported by the dwelling and not by exterior supports. All dwellings shall have roof drainage systems concentrating roof drainage at collection points. Eaves troughs must be provided where appropriate.
(2)
Exceptions to roof design and materials may be granted when said roof design and materials are typical of a particular architectural style and/or are compatible with dwelling units in the surrounding area. Sealed architectural plans shall be furnished to the Zoning Administrator for his or her review as to this exception.
E.
Sewer and water service. All single-family dwellings shall be served by public sewer and water service, where available, or approved on-site systems in the case where public sewer and water service are not available.
F.
Storage areas. All single-family dwellings shall contain inside storage areas equal to 10% of the square footage of the building, or 100 square feet, whichever is less. Such storage areas may be located in a basement beneath the dwelling, in an attic area, in one or more closet areas or in an attached or detached structure, with construction standards and material of equal quality and durability to the principal structure.
G.
Compatibility determination.
(1)
In terms of construction standards, character, materials, design, appearance, aesthetics and quality, all dwellings shall be compatible, (i.e., meet equal or greater standards), as compared with existing dwellings in the area. The Zoning Administrator shall make the determination of compatibility in the first instance, based upon the plans, specifications and elevations that shall be presented upon application for a building permit.
(a)
Such determination shall be made in view of the following:
[1]
The area of consideration. If the dwelling is to be located in a platted subdivision, planned unit development or site condominium development, it shall be compatible with the houses in the plat. If not in a platted subdivision, planned unit development or site condominium development, it shall be compatible with the dwellings within 500 feet of the property in question.
[2]
The square footage of floor space.
[3]
The length, width and height of the structure.
[4]
The architectural type and design, including, without limitation, exterior materials, the custom nature of the design, the roof style and the like, to the extent that the same would likely bear upon property values.
[5]
The attachment of garages.
(b)
These regulations shall not be construed to prohibit innovative design concepts involving such matters as energy conscious devices, including solar energy, view, unique land contour and/or custom qualities.
(2)
The Zoning Administrator may request a review by the Planning Commission of any dwelling unit with respect to this section. The Zoning Administrator or the Planning Commission shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the Township at large.
H.
Criteria for permitting single-family dwellings within a building containing another permitted use.
(1)
First floor uses. Due to the potential for incompatibilities of use when a residential dwelling unit is located on the first floor of a building in a nonresidential area, certain criteria must be satisfied as part of the special land use request. The criteria associated with a first floor residential use include the following:
(a)
Compatibility of architecture. The front facade of the building shall be designed to be compatible with the adjacent structures when located in a predominantly nonresidential area.
(b)
Driveways. Only one driveway will be permitted for the structure unless located on a corner lot.
(c)
Location of off-street parking. The required parking shall be provided on-site and located within the rear of the property.
(d)
Trash containers. All such containers shall be located within an enclosure situated within the rear of the property.
(e)
Building occupancy. A residential use shall not occupy more than 50% of the gross first floor area.
§ 530-53 (Reserved) [1]
[1]
Editor's Note: Former § 530-53, Storage of vehicles, was repealed 10-27-2024 by Ord. No. 24-05.
§ 530-54 Structures and buildings of historic significance.
A.
Structures and buildings of historic significance shall be permitted to be used as a special land use for any purpose permitted by this chapter, notwithstanding the specific regulations of the zoning district within which they are located, provided the conditions of this section and § 530-11 are met.
B.
In determining whether the proposed special land use shall be permitted with regard to any structure or building, the Planning Commission shall first make a determination of whether the structure or building is of historic significance by considering the factors listed in this subsection. The Planning Commission shall make findings of fact with regard to each factor.
(1)
Is the building or structure designated by the State of Michigan or the United States of America as a historical site?
(2)
Is the building or structure associated with important events, people or institutions?
(3)
Does the building or structure represent the distinctive characteristics of a given period, type of building or method of construction?
(4)
Is the building or structure design, exterior or interior, odd or picturesque?
(5)
Does the building or structure represent an important innovation in the history of architecture and/or structural technology?
(6)
Is the building or structure located on the original site?
(7)
What are the realistic possibilities of authenticating the original appearance of the building or structure?
(8)
Will the building or structure yield information on history or prehistory during its rehabilitation?
(9)
How old is the building or structure?
(10)
How many similar buildings or structures remain in the area?
(11)
Is the building or structure a part of a harmonious larger context which would be harmed by its removal?
(12)
Is the building or structure characteristic of physical surroundings in which past generations lived?
(13)
Any other factor relevant to a determination of historical significance.
C.
If the Planning Commission determines that the structure or building is of historic significance, it shall then determine whether the structure or building shall be permitted to be used in the manner requested by the special land use applicant. In making this determination, the Planning Commission shall grant the special land use if the standards listed in this subsection as well as those factors listed in § 530-11 of this chapter are met. The Planning Commission shall make findings of fact with regard to each factor considered.
(1)
The building or structure may be in immediate danger of being lost to the community by reason of deterioration, demolition, alteration or removal.
(2)
There must be a realistic possibility of reusing the building or structure in a manner which would preserve its historical significance.
(3)
If preserved, the building or structure must protect or enhance nearby property values.
(4)
The proposed special land use, if granted, must encourage the use of land, structures and buildings in accordance with their character and adaptability.
(5)
The proposed special land use, if granted, must promote a needed change in the character of the neighborhood within which it is located or must promote needed stability in the character of the neighborhood within which it is located.
(6)
The proposed special land use, if granted, must not be detrimental with the uses of nearby land.
D.
In addition to such other special conditions as the Planning Commission may impose pursuant to § 530-11 of this chapter, the Planning Commission shall impose the following special conditions where appropriate and necessary to insure preservation of the building or structure under consideration, enhance the goals of this chapter with respect to protection of adjacent properties, and limit the abuse of this method of historic preservation.
(1)
Alteration of the building, structure, or site and its environment shall be kept to the minimum necessary to adapt the building, structure or site to the special land use permitted.
(2)
The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3)
All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall not be permitted.
(4)
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any property.
(9)
Contemporary design for alterations and additions to existing properties shall be permitted only when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(10)
New additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(11)
Preservation of the building or structure shall include techniques of arresting and retarding the deterioration through a program of ongoing maintenance.
(12)
Reinforcement required for structural stability or the installation of protective or code required mechanical systems shall be concealed whenever possible so as not to intrude or detract from the structures aesthetic and historical qualities, except where the concealment will result in the alteration or destruction of historically significant materials or spaces.
(13)
State and national historical designations shall be aggressively pursued.
§ 530-55 Temporary building and structures.
[Amended 10-27-2024 by Ord. No. 24-06]
A.
No temporary dwelling, whether of a fixed or movable nature, may be erected, altered, or moved upon or used in whole or in part for any dwelling purpose whatsoever for any time whatsoever except as permitted in the following situations:
(1)
If a permanent principal residential structure is destroyed in whole or in part by a natural or man-made event, including but not limited to fire, flood, windstorm, or tornado, to an extent that it is uninhabitable for a period of time, a mobile home, travel trailer or motor home may be occupied as an emergency temporary structure by the family so displaced during repair or replacement of the permanent dwelling for a period of up to six months. The Zoning Administrator may renew the permit for the use of a temporary dwelling for such purposes for a second six-month period; however, in any case, the use of a temporary dwelling for such purpose shall not exceed one year.
(2)
A temporary use permit may be granted for the storage and occupancy of a motor home or travel trailer, providing the following conditions are met:
(a)
The vehicle may be stored and occupied on-site for no more than three months out of any given year.
(b)
The vehicle is properly licensed.
(c)
The vehicle is stored in the rear yard, but may be stored in the side yard, provided it is at least 10 feet from the property line and no less than 20 feet from or adjacent to a residential dwelling and maintains the required front yard setback.
(d)
The vehicle shall be maintained to appear as if it is unoccupied, including the storage of all paraphernalia within the vehicle.
B.
Requirements and procedures. A temporary dwelling, when permitted, shall conform to the following requirements and procedures. No permit shall be issued and no temporary dwelling occupied until requirements in Subsection B(1) through (4) listed below are met:
(1)
An application for a permit for the temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the Zoning Administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure to verify compliance with all yard requirements of the zoning district in which it is located, unless a more restrictive provision exists herein.
(2)
The application shall be reviewed by a committee composed of the Zoning Administrator and two Township Board members. Approval of the application may be granted by a majority vote of the committee upon a finding that all of the following conditions are met:
(a)
The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable.
(b)
The temporary dwelling unit shall be connected to public sewer and water.
(c)
The temporary dwelling unit shall comply with all applicable zoning district requirements, including setback, area, bulk, and other requirements, except minimum house size requirements.
(3)
The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval by the committee. Up to one six-month extension may be requested in accordance with the same provisions noted above. Any conditions of approval shall be specified in writing on the permit. When occupancy in a nonemergency temporary dwelling is anticipated to last longer than three months, the dwelling shall be connected to private water supply and sewage disposal systems approved by the Wayne County Health Department, or to a public water supply or sanitary sewer system.
(4)
The permit shall establish a reasonable date for the vacation or removal of the temporary emergency structure, whichever is applicable; said date shall be within two weeks of the date of occupancy of the constructed, replaced, or repaired dwelling, with the date of occupancy to be as listed on the certificate of occupancy of the permanent dwelling. A performance or cash bond, in an amount to be determined by resolution of the Township Board shall be provided to the Zoning Administrator to insure the vacation or removal of the temporary structure, whichever is applicable.
(5)
The Zoning Administrator shall provide a written statement setting forth the conditions of the use permit to the residents of a temporary dwelling and shall retain a copy in the files of the Zoning Administrator. Upon receiving the permit, the owner/occupant shall indicate by his/her signature that he/she has full knowledge of the terms of the permit and penalty pertaining thereto.
(6)
Any permit issued under this section shall not be transferable to any other owner or occupant.
(7)
The Zoning Administrator shall promptly notify the Township Board and Planning Commission in writing of each approval granted and all conditions attached thereto under this section.
C.
Portable temporary storage containers.
(1)
Definition. As defined herein, "Portable Temporary Storage Container (PSC)" is a box-like container typically delivered by truck, used to temporarily store household or other goods and items. A PSC does not include a truck trailer, or other part of a motor vehicle, nor any type of wheeled vehicle or conveyance except when attached to a truck for delivery and removal. (e.g. PODS)
(2)
Requirements. A portable temporary storage unit, also known as a portable storage container (PSC) and sometimes called a portable on-demand storage unit, may be temporarily delivered, placed and used in any zoning district, but only in compliance with the provisions of this section.
(a)
A PSC may be temporarily placed on a property to store goods, items or objects that are being moved to another location or that are being stored during building remodeling or for other purposes.
(b)
Except as stated below, a PSC shall not remain on a property for more than 30 days during a twelve-month period. One extension may be granted, with request in writing, by the Zoning Administrator for not more than 30 additional days subject to the following:
(c)
A PSC shall not be longer than 16 feet, wider than eight feet, nor taller than eight feet.
(d)
Not more than one PSC may be placed on a property at one time, except in a non-residential zoned area in which the Zoning Administrator may approve up to three, subject to all the requirements of this section. The request shall be in writing. When approving additional PCSs, the Zoning Administrator shall find that:
[1]
The applicant has demonstrated a sufficient reason for additional PCSs, such as extenuating circumstances requiring additional storage space.
[2]
That the terms and conditions of this section would be satisfied, despite additional PSCs.
[3]
That serious adverse effects are not likely to result from extending the period for storage.
(e)
A PSC shall not be located closer than 10 feet to a public or private street right-of-way, nor closer than 10 feet to a property line. It shall be on a paved or gravel driveway.
(f)
A PSC shall only contain a sign that is limited to the same, address and telephone number of the owner of the PSC. No other text or graphics referring or pertaining to any service or product, other than the PSC, or the person or business entity providing the PSC are permitted, including any advertising, logo or slogan.
(g)
A PSC shall not be used to store toxic or hazardous materials as designated by the Michigan Fire Code.
(h)
A PSC shall only be used to store personal goods and property associated with the property on which the PSC is placed.
§ 530-56 Visibility at intersections.
On any corner lot in any district having front and side yards, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of street vehicular traffic between the heights of 30 inches and 12 feet above the road grade in an area bounded points 25 feet back from the corner along the street (see illustration in Article II).