There are certain conditions concerning land uses that warrant specific regulations and standards in addition to the requirements of the zoning districts in which they are located.

(a)

Where an accessory building is attached to the side or front of a principal building, such accessory building shall be considered part of the principal building for purposes of determining required yard dimensions, but if such accessory building is attached to the rear of the principal building in such a manner that it is completely to the rear of all portions of said building, it may be considered a detached accessory building for purposes of determining required rear yard dimensions.

(b)

No detached accessory building shall be located nearer to a side lot line than the permitted distance for the principal building on the same lot, unless such accessory building shall be completely to the rear of all portions of the principal building, in which case it may be located no nearer than five feet to any side lot line. When a lot has frontage on two or more streets and the accessory building is located completely to the rear of all portions of the principal building, it may be located no nearer than 20 feet from the road right-of-way line.

(c)

No detached accessory building shall be located nearer than five feet to any rear lot line, except that when such accessory building shall be a garage which is entered at right angles to an alley, it shall be located no nearer than 12 feet to said rear lot line.

(d)

No accessory building shall project into any front yard setback.

(e)

No accessory building shall occupy more than 30 percent of the area of any rear yard or front yard.

(f)

No accessory building shall be permitted on a parcel that does not contain a principal building, unless the accessory building is the principal building on a parcel in support of an agricultural operation and located in an AA—Agricultural District.

(g)

In the event that the principal building on a parcel is destroyed by fire, storm, or other calamity, the owner shall be permitted a period of 12 months to rebuild, during which time a preexisting accessory building on the parcel shall be allowed to remain, even in the absence of a principal building; provided, however, if the owner fails to rebuild within 12 months, the accessory building shall then be considered nonconforming and shall be removed.

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

The purpose of this section is to provide reasonable standards which ensure that all single-family homes regardless of construction type (e.g., site-built or factory built) are compatible and compare aesthetically within the same residential zone.

(1)

There shall be a minimum depth of the dwelling unit of 24 feet for a width of at least 40 feet.

(2)

Each dwelling unit shall have a minimum first floor area of 960 square feet.

(3)

All pre-manufactured homes shall be in compliance with state, federal and local laws.

(4)

All dwellings shall be firmly attached to their foundations in compliance with the provisions of the applicable building code adopted by the township.

(5)

No skirting shall be permitted.

(6)

The standards contained in this section do not apply to homes located in manufactured housing communities.

(7)

The standards do not allow or permit the placement or construction of a home in those areas where deed restrictions or other covenants prevent it.

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

No basement structure shall be used for occupancy unless a completed story is situated immediately above the basement structure and that the story is used as a dwelling.

In addition to the requirements established by the county health department, the following site development and use requirement shall apply: No structure for human occupancy or use shall hereafter be erected, altered or moved unless it shall be provided with a safe, sanitary and potable water supply and a safe effective means of collection, treatment and disposal of wastes.

State Law reference— Local authority to provide and regulate sewer and water service, MCL 324.4301 et seq.; water and sewer authorities, MCL 124.281 et seq.

Prior to the commencement of construction of any structure or building in a commercial district or industrial district where such property abuts, adjoins or is adjacent to a residential zone, a transition strip shall be established. However, where permitted elsewhere in this article, an opaque wall or fence may be built in lieu of a transition strip. A transition strip, with a minimum width of 20 feet, shall be completed within six months from the date of the building certificate of occupancy. The transition strip shall thereafter be maintained with permanent plant materials. A use or structure on any lot requiring a transition strip that has frontage on a public road, street or way shall provide a transition strip in accordance with sections 38-424 and 38-428.

Any lot without any frontage on a public street or right-of-way shall not be occupied except where access to a public street or way is provided by a public or private easement or other right-of-way no less than 20 feet in width. If a private easement or other right-of-way serves more than two properties, the easement or right-of-way shall be constructed in accordance with section 38-435. Public access to commercial, industrial or recreational uses shall not be designed so as to pass through the residential neighborhoods.

(Ord. of 2-2008)

No fence, wall, hedge, screen, sign, structure, vegetation or planting shall be higher than three feet above street grade on any corner lot or parcel in any zoning district requiring front and side yards within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of intersection, measured along the street right-of-way lines.

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

The height requirements established by this article shall apply uniformly in each zoning district to every building and structure except that the following structures and appurtenances shall be exempt from the height requirements of this article; spires, belfries, penthouses and domes not used for human occupancy: chimneys; ventilators; skylight; water tanks, bulkheads; utility poles; power lines; radio and television broadcasting and receiving antennae, silos; parapets; and other necessary mechanical appurtenances; provided their location shall conform where applicable to the requirements of the Federal Communications Commission, the Civil Aeronautics Administration, and other public authorities having jurisdiction.

(a)

MDR—Medium Density Residential and HDR—High Density Residential Districts. The limits and restrictions in these districts are as follows:

(1)

Within the limits of a side or rear yard no fence or wall, other than a necessary retaining wall, shall be higher than eight feet in height.

(2)

Above ground electrified or barbed fences shall not be erected.

(3)

No fence, wall, vegetation, planting or other screening structure which presents an obstruction to visibility shall be located within 20 feet of any street intersection.

(4)

In a front yard, 20 feet or less from a street right-of-way line, fences, walls, vegetation, plantings or other screening structures shall not exceed four feet in height; between 20 feet of the street right-of-way line and the first supporting member of the principal structure they shall not exceed five feet in height.

(5)

Properties having frontage on two streets (not a corner lot) shall be fenced in accordance with the following provisions:

a.

The yard fronting on the street of the property postal address shall be fenced in accordance with subsection (a)(4) of this section.

b.

Side yard fences on interior lots may be erected to a height of eight feet.

c.

The remaining property shall be considered a rear yard for fencing purposes, except that in the 20 feet or less from the rear street right-of-way line, fences shall not exceed four feet in height and no fence in the rear yard shall exceed five feet in height any closer to the street than the front yard limit line of an adjacent lot.

(6)

It is the responsibility of the individual erecting the fence to make sure the fence is within their own property boundaries.

(7)

All privacy fences, visual screening fences, solid fences or walls constructed within eight feet of a property line must be constructed with the decorative side or finished side toward the perimeter property line.

(b)

AA—Agricultural, OSC—Open Space and Water Body Conservation District, LDR—Low Density Residential and RR—Rural Residential District. No restrictions are imposed to limit the size, type and location of fences, except that:

(1)

No fence may be located in a public right-of-way.

(2)

No fence which is an obstruction to visibility shall be located within 20 feet of any street right-of-way.

(3)

It is the responsibility of the individual erecting the fence to make sure the fence is within their own property boundaries.

(4)

All privacy fences, visual screening fences, solid fences or walls constructed within eight feet of a property line must be constructed with the decorative side or finished side toward the perimeter property line.

(c)

NC—Neighborhood Commercial, HC—Highway Commercial and IND—Industrial Districts. The limits and restrictions in these districts are as follows:

(1)

No fences, walls or other screening structures may be located in a public right-of-way.

(2)

No fence, wall or other screening structure, which is an obstruction to visibility, shall be located within 20 feet of any street right-of-way.

(3)

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

(4)

It is the responsibility of the individual erecting the fence to make sure the fence is within their own property boundaries.

In any district on any corner, whether it be a platted lot or other parcel of land, no fence, structure or planting over three feet in height shall be planted or erected on the street side of a line drawn between two points each being 30 feet from the corner formed by the rights-of-way of such streets.

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

(1)

As provided in part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.), and in accordance with the requirements of the state department of environmental quality (MDEQ).

(2)

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

For purposes of this article, the following provisions shall apply:

(1)

The surface of land used for pipeline rights-of-way shall be restored and maintained as near as possible to its original condition prior to the construction of the pipeline.

(2)

Essential services shall be exempt from lot area requirements in the agricultural, industrial and open space water body conservation districts.

Private pools shall be permitted as an accessory use within the rear or side yards only. Private swimming pools must meet the following requirements:

(1)

There shall be a distance of not less than ten feet from adjoining property line and the outside of the pool wall or appurtenant structures that are accessory to it.

(2)

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

(3)

No swimming pool shall be located in the front yard.

(4)

The pool shall be kept clean with a water filtration system.

(5)

If electrical service, drop conductors, or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation of wires before a permit shall be issued for the construction of a swimming pool.

(6)

No swimming pool shall be located in an easement.

(7)

All pool areas shall be accessible to emergency services personnel in the event of an emergency.

(8)

Other standards are as follows:

a.

For all yards containing below ground swimming pools:

1.

The yard shall have an enclosed fence not less than four feet in height surrounding the pool with a gate.

2.

The gate shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open.

3.

Gates shall be capable of being securely locked when the pool is not in use for extended periods.

b.

For all yards containing aboveground swimming pools:

1.

The yard shall be completely enclosed by a fence not less than four feet in height, unless the outer wall of the aboveground pool which completely encircles the swimming pool is 42 inches above the ground level adjacent to the pool.

2.

The 42-inch wall height must be maintained continuously at all points along the side wall that surrounds the pool.

3.

The gate and/or stairs shall be of a self-closing and latching type and must be in operable condition at all times.

c.

If the entire pool area is enclosed by a fence 48 inches high, then these provisions may be waived by the zoning administrator upon inspection and approval.

(Ord. of 4-21-2015)

(a)

The area on which the horses are kept shall be completely enclosed by a fence or similar barrier to prevent trespass on adjoining property or roadways.

(b)

The premises shall be kept in a sanitary condition and the keeping of horses shall not result in objectionable odors that would pose a nuisance to nearby residents.

Roadside stands for the sale of produce of which is grown on the same premises or on land which is under the same ownership shall be set back at least 40 feet from the centerline of road with off-street parking.

This section should not be construed as to allow a rezone inconsistent with the future land use plan.

(1)

An owner of land may voluntarily offer in writing, and the township may approve, certain use and development of the land as a condition to a rezoning of the land or an amendment to a zoning map.

(2)

In approving the conditions under subsection (1) of this section, the township may establish a time period during which the conditions apply to the land. Except for an extension under subsection (4) of this section, if the conditions are not satisfied within the time specified under this subsection, the land shall revert to its former zoning classification.

(3)

The township shall not add to or alter the conditions approved under subsection (1) of this section during the time period specified under subsection (2) of this section.

(4)

The time period specified under subsection (2) of this section may be extended upon the application of the landowner and approval of the township.

(5)

The township shall not require a landowner to offer conditions as a requirement for rezoning. The lack of an offer under subsection (1) of this section shall not otherwise affect a landowner's rights under this Act, the ordinances of the local unit of government, or any other laws of this state.

(6)

A conditional rezone request shall follow the requirements of section 38-837.

(Ord. of 4-13-2012)

(a)

Access requirements. All private roads permitted under this section shall meet the standards of all public roads within the township. All parcels of land which are not part of a recorded plat shall have access to a dedicated public street or access to a private road as described herein.

(b)

Required approval. No person shall commence construction of a private road within the township without prior approval by the township board. Applications for approval shall conform to the rules of procedure as promulgated by the township engineer and as adopted by the township. A construction permit for a private road as approved by the township board shall be valid for a period of not more than two years. The developer of a private road shall be responsible for maintenance of the private road until such time a dwelling is built and occupied or a maintenance agreement is in effect. The developer is also responsible for policing all parcels that remain unsold including violations of the township blight ordinance.

(Ord. of 10-19-2010)

(c)

Standards. All private roads shall meet the county road department standards and be certified by an engineer that the private road has been constructed to county standards. Street signs approved by the county road department shall be placed at appropriate locations prior to the issuance of the first building permit using a street number upon the private road.

(Ord. of 10-19-2010)

(d)

Deed restrictions.

(1)

Prior to the approval of the proposed private road, the applicant shall submit to the township a set of deed restrictions in a form acceptable to the township which shall provide for the creation of the private road easement and the creation of a homeowners' association whose members shall be the property owners abutting said road. The association shall be responsible for the up-keep and maintenance of said road. No more than one association shall be responsible for any one private road. The township shall be given the authority to assess the parcels of owners who become delinquent in the payment of their portion of the maintenance and up-keep costs and fees expended by the township relating to this assessment. Said restrictions shall be recorded prior to the completion of the road.

(2)

The applicant shall also submit to the township a document, in a form sufficient for recording with the county register of deeds stating that in no event shall the association, the individual homeowners, the applicant or their heirs or assigns hold the township liable for the costs of road signs, traffic control signs, maintenance, lighting, snow removal or dust control.

(3)

A performance guarantee will be required under this article to ensure completion of the private road.

(Ord. of 2-2008)

The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear vision areas, parking and loading spaces, and all other requirements for a building or use specified within this article shall be a continuing obligation of the owner of such building or property on which such building or use is located.

In the interest of ensuring compliance with this chapter and protecting the natural resources and the health, safety and welfare of the residents of the township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the planning commission, as a condition of approval of the proposed use, may require the applicant to deposit a performance guarantee as set forth herein to ensure completion of improvements connected with the proposed use required by this article, including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, landscaping, and widening strips.

(1)

The term "performance guarantee" as used herein shall mean a cash deposit, certified check, or irrevocable bank letter of credit in the amount of the estimated cost of the improvements to be made as determined by the applicant and confirmed and verified by a representative of the township.

(2)

Where the planning commission, as a condition of approval of a proposed use of land requires a performance guarantee, said performance guarantee shall be deposited with the clerk of the township prior to the issuance of a building permit by the township for the development and use of the land. Upon the deposit of the performance guarantee, the township shall issue the appropriate building permit and the township clerk shall thereafter retain said deposit; however, if said deposit is in the form of cash or certified check, then it shall be transferred to the township treasurer for deposit in an interest bearing account.

(3)

Where a performance guarantee is required by the planning commission as a condition of approval for a proposed use, the planning commission may also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed, said period to run from the date of the issuance of the building permit.

(4)

In the event the performance guarantee deposited is a cash deposit or certified check, the township shall rebate to the applicant amounts of money in reasonable proportions to the ratio of the work completed on the improvements by the applicant as confirmed by the township engineer.

(5)

Upon the satisfactory completion, as determined by the township, of the improvement for which the performance guarantee was required, the clerk shall notify the treasurer of the township to return to the applicant the performance guarantee deposited and any interest earned thereon.

(6)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the township, the township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements.

(7)

In the event the applicant defaults in making the improvements and the performance guarantee is not sufficient to allow the township to complete the improvements for which it was posted, the applicant shall be required to pay to the township the amounts by which the costs of completing the improvements exceeds the amount of the performance guarantee deposited.

State Law reference— Performance guarantee, MCL 125.3505.

It shall be unlawful for any person to park, place or locate any recreational vehicle being used for human occupancy on any street, lot, tract or parcel of land for a period of time longer than 30 consecutive days within a six-month period except in a licensed mobile home park or in a designated recreation area.

(Ord. of 11-16-2010)

An outdoor wood-fired boiler/furnace shall be installed and used only in area zoned AA—Agricultural and RR—Rural Residential on a lot size of at least three acres and lot width of 300 feet and in LDR—Low Density Residential and MDR—Medium Density Residential on a lot size of a least five acres and lot width of 500 feet. The outdoor wood-fire boiler/furnace shall meet all the following criteria:

(1)

Inspection for mechanical and electrical installation by the township.

(2)

Built to manufacturers' specifications.

(3)

Located at least 200 feet from the nearest dwelling which is not on the same property as the outdoor wood boiler/furnace.

(4)

The zoning board of appeals may grant a variance on a case-by-case basis.

(5)

A parcel located in the LDR—Low Density Residential or MDR—Medium Density Residential zoned area with an outdoor wood boiler/furnace may not be divided unless it conforms to the five acres and lot width of 500 feet requirement unless the outdoor wood boiler/furnace is removed.

(6)

A parcel located in the AA—Agricultural or RR—Rural Residential zoned area with an outdoor wood boiler/furnace may not be divided unless it conforms to the three acres and lot width of 300 feet unless the outdoor wood boiler/furnace is removed.

(7)

Will be located totally behind the frontline of the principal building.

(Ord. of 1-18-2011)