In addition to all other applicable standards in this chapter, the standards in this Part 3, which may include larger lot sizes, increased setbacks and other standards more restrictive than established by other chapter sections, shall apply to the uses as provided in the following sections. The omission from a section of a reference to other applicable requirements shall not exempt compliance with such requirements.
Jackson Township Monroe County
City Zoning Code
City Zoning Code
PART 3
GENERAL REGULATIONS
§ 27-301 General Modifications.
[Ord. No. 2014-101, 5/1/2014]
1.
The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated:
A.
Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, nor to chimneys, ventilators, skylights, television and radio antennas, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall (without windows) or cornice for ornament extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches, and recreational uses where no reasonable opportunity for occupancy by persons at a level above 38 feet exists, provided that such uses shall increase the front, rear, and side setbacks by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located.
B.
Projection. Chimneys, cornices or eaves may project into any front, side or rear setback, providing such projection does not exceed three feet. An open or lattice enclosed fire escape or fireproof outside stairway may project into any front, side or rear setback, providing such protection does not exceed 1/4 of the distance from the building wall to the lot line. Under no circumstances shall any projection be closer than 10 feet to any lot line.
§ 27-302 Regulations Applicable to All Zones.
[Ord. No. 2014-101, 5/1/2014]
1.
Except as hereinafter provided, the following general regulations shall apply to all zones:
A.
Conformance Required. Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof or other structures shall be located, erected, reconstructed, extended, enlarged, converted or altered, except in conformity with the regulations herein specified for the district in which it is located.
B.
Continuing Existing Uses. Except as provided in § 27-1712 for certain signs, any lawful use, building or structure existing at the time of enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
C.
(Reserved)
D.
Change and Enlargement of Nonconforming Uses and Structures.
(1)
Change to Conforming Use. A nonconforming use may be changed to a conforming use.
(2)
Change to Another Nonconforming Use. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same or less external effects upon conditional use approval by the Board of Supervisors. The applicant shall satisfactorily prove to the Board of Supervisors that the proposed change complies with all of the following requirements:
(a)
The proposed change will be no more objectionable in external effects than the previous nonconforming use and will be no less consistent physically with its surroundings;
(b)
Traffic generation will not reduce the level of service, as determined by Institute of Transportation Engineers' methodology, on adjoining public roads and/or intersections;
(c)
Noise, smoke, dust, fumes, vapor, gases, heat, odor, glare, vibration, electrical disturbances or other nuisances will not increase;
(d)
The amount of materials, supplies and/or products that are stored outside will not increase;
(e)
The threat to health by reason of rodent infestation or otherwise will not increase; and
(f)
No other increase in nonconformity will result.
(3)
Abandonment. A change of a nonconforming use to a conforming use or to another nonconforming use shall be considered an abandonment of the prior nonconforming use.
(4)
Enlargement. Any nonconforming use or nonconforming structure, except nonconforming signs, may be enlarged by an amount not to exceed 100% of the square foot area previously devoted to such nonconforming use or structure at the time of the effective date of this chapter; provided, however, that on any enlargement, the structure or use complies with all setbacks, height restrictions, parking, screening, and other requirements, which are the most restrictive (i.e., either of the district in which the nonconforming use is located or of the district in which such use would be permitted).
E.
Restoration, Repair, Abandonment of Nonconforming Buildings or Structures.
(1)
Restoration. Any lawful nonconforming building or other structure damaged or destroyed by fire, explosion, windstorm, or other cause may be reconstructed at the same location, provided that:
(a)
The reconstructed building or structure shall not exceed the height, area or volume of the damage or destroyed building or structure.
(b)
Actual reconstruction shall substantially begin within one year from the date of damage or destruction. The Supervisors shall grant an extension for the start of reconstruction if extenuating circumstances warrant. The exterior of the structure shall be completed within two years after start of construction.
F.
Repair. Nothing in this chapter shall prevent the repair, maintenance or strengthening of any part of a building or structure.
G.
Abandonment. If a lawful nonconforming use of land or of a building or other structure has been voluntarily discontinued for one year or more, it shall be presumed to be abandoned, and subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter applicable to the district in which it is located. Abandonment shall not be presumed from mere nonuse beyond the control of the owner, but only from overt facts indicating an intention to abandon.
H.
Existing Nonconforming Lots. In any zone where a nonconforming lot exists as a separate entity at the time of passage of this chapter, the following development is permitted:
(1)
If the lot is located in an R-1 Residential, V-Village, or RC-Recreation Commercial District, a single-family dwelling and customary accessory buildings may be constructed on it as a permitted use, provided that the development complies with all of the most current requirements.
(2)
If the lot is located in any remaining district, then a structure may be constructed on it for a use permitted in the district in which it is located, provided the development complies with all of the most current requirements.
I.
Two or More Buildings and/or Uses on a Parcel.
(1)
Development Standards. Two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building or use if each were on a separate district lot, including but not limited to setbacks, parking, lot coverage, and sewage disposal requirements.
(2)
Residential Density. For the purposes of density of residential structures, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three.
(3)
Nonresidential Uses. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel, provided all other standards of this chapter are satisfied. This shall not apply to adult businesses, junkyards, mineral extraction, solid waste facilities, or other uses with a special size requirement listed in this chapter, in which case the parcel size shall be increased to provide for the minimum land area required for each use on the parcel.
(4)
Residential and Nonresidential on the Same Lot:
(a)
One residential dwelling unit per property shall be permitted in association with a nonresidential use(s) without an increase in the minimum lot size requirement, provided said unit is attached to and is an integral part of a principal nonresidential structure.
(b)
All minimum dwelling unit sizes shall apply.
(c)
Separate entrances and exits shall be provided.
(d)
Any additional residential dwelling units, if allowed in the district, shall be permitted on the same lot as a nonresidential use only if the lot is sufficient in size to meet the residential unit density required by this chapter in addition to the land area needed to meet the density requirement for the nonresidential use.
J.
Structure Separation. Principal structures located on the same lot shall be separated by a distance of not less than 20 feet, unless an applicable building code requires a larger separation.
2.
Accessory Uses and Structures.
A.
Attached Structures. Any accessory structure attached to a principal structure is considered a part of the principal structure for all regulatory purposes.
B.
Nonattached Structures. Nonattached accessory structures shall comply with all requirements applicable to principal structures except as follows:
(1)
Side and rear setbacks for nonattached accessory structures less than 600 square feet in size may be reduced to 10 feet. Otherwise, accessory structures shall comply with setbacks required for principal structures.
(2)
No apartment(s) or living quarters shall be located in an accessory structure.
(3)
Farm produce stands may be placed in a front yard area but shall not be placed within a street right-of-way. Stands must be removed when products are no longer on sale.
(4)
The height of an accessory structure shall not be more than 25 feet.
(5)
Nonattached accessory structures shall be located no less than eight feet from a principal structure.
C.
Satellite Dish Antennas. All private satellite dish antennas shall be considered structures and shall maintain the setbacks required for accessory structures; however, a permit shall not be required.
D.
Garage/Yard Sales. Within any zone, an owner and/or occupant may conduct up to two garage/yard sales per year. A zoning permit shall not be required. No garage or yard sale shall be conducted for a period longer than two consecutive days. Such sales may offer for sale personal possessions; no stocking of inventory shall be permitted. Only one four-square-foot sign shall be permitted to advertise the sale, located upon the premises where the sale occurs, and shall be removed within 12 hours after the completion of the sale. In no case shall any aspect of the sale be conducted in the sidewalk or street right-of-way. The conduct of sales beyond the extent described herein represents a commercial business and requires a zoning permit.
E.
Prohibited Storage Units. A mobile home, box or other type trailer, any unit that was originally designed with wheels and axles, truck body, cargo container, or other similar unit not originally designed for accessory residential storage shall not be used as an accessory structure or shed.
[Added by Ord. No. 2016-101, 8/11/2016]
3.
Front Yards. All yards adjacent to a public street from which legal access may be gained shall be considered front yards, and shall conform to the minimum front setback requirements for the districts in which they are located. In the case of corner lots, the larger of the two street lines shall be considered as the frontage.
5.
Traffic Visibility Across Corner Lots. On any corner lot, no structure, fence or wall, shrubbery or other planting, or obstruction to vision shall be erected or placed between 2.5 feet and 10 feet above the grade within a triangular area formed by the intersecting street lines and a straight line adjoining said street lines at point which is 30 feet distant from the point of intersection, measured along said street lines.
6.
Outdoor Swimming Pools.
A.
Every outdoor swimming pool shall conform to all applicable requirements of state law.
B.
An outdoor swimming pool is permitted only in a side or rear yard area and must be at least 10 feet from all lot lines. This requirement applies to any part of the pool structure.
C.
Water shall not be discharged from any swimming pool onto any adjoining property.
8.
Storage of Vehicles and Boats.
A.
Farm vehicles and equipment are permitted as an accessory use to any agricultural activity in any district.
B.
Only currently licensed and inspected vehicles registered to the owner of the lot may be parked on any lot in any residential district or on any residential lot. The engine of any such vehicle shall not be operated or idled for more than two hours per day.
C.
One unlicensed vehicle either in good repair, intended to be restored or in the process of being restored may be stored on any lot in any residential district or on any residential lot for a period of one year, provided that such storage shall not encroach on any setback requirements. The time of storage may be extended for one additional year, provided that at the expiration of the first year the vehicle is still in good repair or substantial progress has been made on the restoration of the vehicle. This subsection shall not be construed to permit the storage of junk vehicles, parts thereof, machinery or equipment, nor the storage of the same for the salvage of parts, on any residential lot within Jackson Township.
9.
Unenclosed Storage.
A.
Vehicle Storage.
(1)
In all zones, dismantled or partially dismantled or abandoned automobiles, tractors (including lawn tractors), recreational vehicles, trailers, and trucks must be parked or stored within an enclosed building.
(2)
In a residential zone, any vehicle that exceeds eight feet in height or exceeds 21 feet in length, when not placed within an enclosed building, shall be placed between the front wall of the principal building and the rear setback line. Such vehicles may not be placed within a side setback area.
B.
Outdoor Stockpiling. In an R-1 Residential, V Village, CR Commercial Recreation, or CV Conservation District, tire stockpiles, metal pipes, automobile parts, and similar objects and materials must be stored in a garage or an enclosed storage structure. (See § 27-1009, Subsection 1C for C Commercial and I Industrial Districts.)
C.
Trash or Junk. Except as provided in other Township ordinances, the accumulation of trash or junk out-of-doors for a period in excess of 15 days is prohibited in all zones.
D.
Front Yard. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted between the front wall of the principal building and the street line.
10.
Temporary Residence or Commercial Structure. When fire, accident or natural disaster has rendered a single-family or two-family residence or a commercial structure unfit for human habitation or use as determined by the Township, the temporary use of a mobile home, a recreational vehicle or construction trailer located on the lot during rehabilitation or new construction is permitted, subject to the following regulations.
A.
Water supply and sewage disposal facilities shall be provided in accord with Township requirements.
B.
The maximum length of the permit shall be 18 months, but the Zoning Officer may extend the permit for a period or periods not to exceed 60 days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least 15 days prior to expiration of the preceding permit.
C.
The temporary residence or commercial structure shall be located not less than 30 feet from any public road right-of-way and 15 feet from lot lines.
D.
The temporary residence or commercial structure shall be removed from the property prior to the issuance of any occupancy permit for the new or rehabilitated structure.
11.
Clear Sight Triangles. At all road intersections and all land development driveways/accesses a triangular area shall be graded and/or other sight obstructions removed, in such a manner as not to obscure vision between a height of two to 10 feet above the center-line grades of the intersecting roads.
 |
A.
The clear sight triangle shall be guaranteed either by deed restriction, by lease restriction or by plan reference, whichever method is applicable. Vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of two to 10 feet above the center-line grades of the intersecting roads.
B.
Such triangular area shall be determined by the intersecting road center lines and a diagonal connecting the two points, one point at each road center line, each of which points is:
(1)
One hundred fifty feet from the intersection of such road center lines, if either road is an arterial road.
(2)
One hundred feet from the intersection of such road center lines, if either road is a collector or connector road.
(3)
Seventy five feet from the intersection of such road center lines if both roads are local roads or private access roads.