A.

Timing of construction. No accessory building, structure, or use shall be constructed or established on a parcel unless there is a legally established principal building, structure, or use already established on the same parcel of land. This restriction shall not prevent temporary structures and uses permitted by section 12.06. A parcel may not be divided if such division would result in an accessory building, structure, or use on a parcel on which there is no principal building, structure, or use.

B.

Site plan approval. If submission of a site plan for review and approval is required, then the site plan shall indicate the location of proposed accessory buildings, structures or uses.

C.

Nuisances. Accessory uses such as household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical equipment that could produce noise, odors, or other nuisances shall not be located adjacent to an adjoining property owner's living or sleeping area where windows and/or doors would be exposed to the nuisance.

D.

Conformance with lot coverage standards. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards, where required.

E.

Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way, unless otherwise permitted by the terms and conditions of the easement or right-of-way.

F.

Use of accessory structures. Accessory buildings or structures in residential districts shall not be used as dwelling units. Accessory buildings may contain home occupations that are permitted by section 12.05.

G.

Appearance. Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site.

H.

Applicability of other codes and ordinances. Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation.

I.

Accessory farm buildings. The provisions concerning size and height in this article shall not apply to accessory buildings (such as barns and silos) on a farm, as defined in article 3.00, and to barns and stables where the barns and stables are permitted principal uses or permitted by special land use approval.

J.

Fire escapes, balconies, and platforms. Building and structural elements required for compliance with building and fire codes shall be considered a part of the primary structure and are subject to the requirements applicable to the primary structure.

K.

Permits required. Permits shall be required for all accessory structures except structures 200 square feet or less (provided the walking surface is no higher than 30 inches higher than grade, the structure is no closer than three feet from any structure, and it is not used for ingress or egress) and pools capable of holding no more than 24 inches of water at the deepest point. Accessory structures that do not require permits shall comply with applicable setback and size requirements of the ordinance.

(Ord. No. 10-16, pt. 7, 11-9-2016; Ord. No. 03-23, § 3, 7-5-2023)

A.

Unless otherwise specified in this article, accessory buildings or structures which are attached and enclosed or architecturally integrated (i.e. not "tacked on") into the principal building (such as an attached garage, breezeway, or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements. Structures deemed to be attached per the building code shall also be considered attached for the purposes of this ordinance.

B.

The floor area of a garage attached to a principal residence shall not exceed 50 percent of the total floor area of the residence.

(Ord. No. 03-23, § 3, 7-5-2023)

A.

Setbacks. Accessory buildings and structures, including permitted temporary structures, shall comply with the following setback requirements, unless otherwise permitted elsewhere in the Ordinance:

1.

Front setback. All accessory buildings and structures shall comply with the front yard setback requirements for the district in which they are located. Also, in a residential subdivision or residential site condominium an accessory building or structure shall not be located closer to the front property line than any portion of the principal building or structure. On parcels located outside of a subdivision or site condominium in a residential district, accessory buildings or structures may be located closer to the front property line than the principal building or structure, where the following conditions are met:

a.

The minimum lot size shall be two acres.

b.

The accessory building or structure shall be set back at least 75 feet from the front property line.

c.

The accessory building or structure may be occupied or used only for a noncommercial use that is incidental to a principal permitted use in the district in which it is located.

d.

The accessory building or structure shall be appropriately designed and landscaped so that it is compatible in appearance with the surrounding development.

The following accessory buildings or structures may be permitted in the front yard of commercial or industrial districts, subject to the approval of the planning commission: Buildings for parking attendants, guard shelters, gate houses, and transformer pads.

2.

Side yard setback. The side yard setback shall be equal to the height of the structure, with a minimum setback of ten feet.

3.

Rear yard setback. The rear yard setback shall be ten feet.

4.

Distance from principal building. Accessory buildings and structures shall be located at least ten feet from the principal building on the site.

B.

Size. Unless otherwise specifically permitted elsewhere in this Ordinance, the maximum combined ground area coverage (i.e., "footprint" of the building when viewed from above, including coverage of porches, eaves, overhangs, etc.) of all accessory buildings and structures in residential districts shall not exceed five (5) percent of the total lot area, or 256 square feet, whichever is greater. Swimming pools shall be excluded from the ground area coverage maximum for accessory structures.

C.

Height.

1.

Permitted height in residential, O-1, and P-1 districts. Accessory buildings shall not exceed 20 feet in height, except in residential subdivisions or residential site condominiums in which accessory buildings shall not exceed 14 feet in height.

2.

Permitted height in commercial and industrial districts. Accessory buildings in the B-1, B-2, B-3, I-1, and I-2 districts shall comply with the maximum height standards for the district in which they are located.

3.

Exceptions to accessory structure standards. Antennae and wind generators shall comply with the height standards specified in section 12.14. Satellite dish antennae shall comply with the standards specified in section 12.17.

D.

Temporary structures.

1.

Temporary residential accessory structures.

a.

Number of temporary residential accessory structures. One temporary structure shall be permitted on a lot being used for residential purposes for no more than ten days, unless otherwise permitted elsewhere in this Ordinance.

b.

Portable membrane structures (tents, canopies, and other similar structures). Portable membrane structures shall not be permitted as an accessory residential or commercial storage structure. Portable membrane structures may be used in conjunction with private events on residential property, such as, but not limited to, receptions for weddings and graduations and private parties. A permit is not required.

2.

Temporary commercial accessory structures. Portable membrane structures may be used in conjunction with an event that is open to the public or that is located in a non-residential zoning district in conjunction with a commercial or non-commercial event. A temporary use or special event permit is required.

3.

Portable moving or storage containers (also known as pods).

a.

Number and duration. A single portable moving or storage container may be placed on a lot on which a dwelling unit is located for a period of up to 30 days per year for the purpose of loading and unloading personal belongings for transport to or from another location; for clean-up after a flood, fire, or other disaster; or, in conjunction with building or landscaping work that does not require a permit. However, moving or storage containers used in conjunction with an activity permitted by a building or demolition permit may be on the lot for the duration of the permit.

b.

Location. Portable moving or storage containers shall be located on a gravel or paved surface, such as a driveway, and shall not encroach into a public road right-of-way or private road easement.

4.

Temporary trash containers (dumpsters).

a.

Number and duration. A single trash container may be placed on a lot for a period of up to 30 consecutive days for the purpose of clean-up after a flood, fire, or other disaster, or in conjunction with building or landscaping work that does not require a permit. However, trash containers used in conjunction with an activity permitted by a building or demolition permit may be on the lot for the duration of the permit.

b.

Location. Trash containers shall be located on a gravel or paved surface, such as a driveway, and shall not encroach into a public road right-of-way or private road easement.

E.

Standards for specific accessory structures.

1.

Swimming pools.

a.

Swimming pools on single-family lots or parcels shall not exceed 60 percent of the total floor area of the principal structure (for example, on a parcel where the floor area of the house covers 1,500 square feet, the ground area coverage for swimming pools may not exceed 900 square feet).

b.

Swimming pools shall be excluded from the ground area coverage maximum for accessory structures but shall be included in the overall lot coverage calculation.

c.

Swimming pools shall be set back a minimum of ten feet from the rear and side property lines and are not permitted in front or secondary street yards.

2.

Architectural features, such as bay windows, windowsills, belt courses, cornices, eaves, and similar architectural features may encroach on setbacks as follows:

a.

Front and rear yard: Up to 24 inches.

b.

Side yards: Up to two inches for each foot of required side setback.

3.

Driveways, access drives, sidewalks, terraces, patios, and similar hardscape features. Hardscape features shall be installed no closer than 18 inches to a lot or parcel boundary, provided the hardscape is not higher than six inches above grade. Hardscape installed more than six inches above grade is subject to required setbacks unless otherwise noted.

4.

Animal enclosures, dog runs, mechanical equipment, and generators. Animal enclosures for pets, dog runs, central air conditioning units, heat pumps, generators and other mechanical equipment that could produce noise, odors or other nuisances shall not be located in an area that would be a nuisance to adjacent property owners and shall be set back a minimum distance of ten feet from property lines. Dog runs shall only be permitted in the rear yard.

5.

Decks.

a.

Side setback for all decks. Decks shall comply with the side setbacks applicable to the primary structure.

b.

Rear setback for uncovered decks. Decks with no roof or trellis cover shall be set back a minimum of ten feet from the rear lot line, regardless of the building setback.

c.

Rear setback for covered decks. Decks with a roof or trellis but are not enclosed shall be set back a minimum of 25 feet from the rear lot line, regardless of the building setback. Covers may be connected to the primary structure but shall not be architecturally integrated.

(1)

A covered deck that is enclosed and attached to the primary building in any manner shall be considered a part of the primary building and is subject to the setback requirements for the primary building.

6.

Fireplace chimneys. Fireplace chimneys, including cantilevers, may encroach up to two feet into a required rear yard and up to two feet into a required interior side yard, provided the chimney is at least six feet from the property line.

7.

Window wells. Window wells may encroach into a required setback provided the well is at least five feet from the property line.

8.

Awnings and canopies. Awnings and canopies are permitted to encroach into a required setback up to 10% of the required setback.

9.

Miscellaneous structures not noted. Arbors, trellises, flagpoles, gardens, gutters, hedges, lawn decorations and statuary, and other similar structures are permitted in any required setback.

(Ord. No. 03-17, pts. 8, 9, 6-5-2017; Ord. No. 09-19, § 1, 8-5-2019; Ord. No. 08-22, § 7, 9-6-2022; Ord. No. 03-23, § 3, 7-5-2023)

A.

Meaning of terms. Capitalized terms used in this section shall have the meaning assigned to them in section 3.02 of this Ordinance. "Act" refers to the Michigan Medical Marijuana Act, MCL 333.26421 et seq., as it may be amended from time to time.

B.

Growing of plants by qualifying patient. A person who is a qualifying patient, and who has been issued and possesses a registry identification card and is not associated with a primary caregiver, may grow marijuana plants as an accessory use, strictly in accordance with the Act, within any structure zoned for residential use in which that person resides as his or her principal residence or within any accessory structure located on the same lot therewith.

C.

Growing of plants by primary caregiver. A person who is a primary caregiver, and who has been issued and possesses a registry identification card, may grow marijuana plants as an accessory use, strictly in accordance with the Act and only for those qualifying patients for whom he is a primary caregiver, within any structure zoned R-1.0, residential-agricultural district, in which that person resides as his or her principal residence or within any accessory structure located on the same lot therewith, or within any structure zoned for industrial use but only as an accessory use to the operation of a greenhouse or plant nursery that is operated as a principal use on that same lot.

D.

Storage and distribution of usable marijuana by a primary caregiver. A person who is a primary caregiver, and who has been issued and possesses a registry identification card, may store usable marijuana, together with an incidental amount of seeds, stalks, and unusable roots, strictly in accordance with the Act and only for those qualifying patients for whom he is a primary caregiver, within any structure zoned R-1.0, residential-agricultural district, in which that person resides as his or her principal residence or within any accessory structure located on the same lot therewith, or within any structure zoned for industrial use but only as an accessory use to the operation of a greenhouse or plant nursery that is operated as a principal use on that same lot. A primary caregiver shall deliver such usable marijuana to his or her patients, and those patients shall not come to the primary caregiver's facility to receive marijuana.

E.

Spacing of primary caregiver facilities. A facility housing a primary caregiver shall comply with the following location requirements:

1.

The parcel on which any such facility is located shall be at least 500 feet from any parcel occupied by a public or private pre-school, elementary school, middle school, high school, community college, or other school serving students of the same age.

2.

The parcel on which any such facility is located shall be at least 500 feet from a parcel occupied by an adult regulated use, as defined in section 3.02.

3.

The parcel on which any such facility is located shall be at least 500 feet away from any parcel occupied by another primary caregiver or any other person who cultivates marijuana or assists in the use of marijuana, excluding a qualifying patient's principal residence.

F.

No signage. No sign identifying a property as the location of any use described in this section shall be permitted.

(Ord. No. 03-16, pt. 4, 3-9-2016)

A.

Permitted locations. Collection bins may be placed on properties that are used for non-residential purposes in the following Zoning Districts: O-1, B-2, B-3, I-1, I-2, P-1, MU, and New Hudson Core and Edge. Collection bins shall not be located within 1,000 feet from another collection bin as measured along a straight line from one box to the other. Collection bins shall not be located on any unimproved parcel or a property on which the principal use has not been operated for more than 30 days.

B.

Permit required; validity; renewal. No person or entity shall cause or permit the installation or placement of a collection bin upon any real property located within Lyon Township, whether public or private, without first obtaining a collection bin permit. A collection bin permit is valid for a one-year period from the date of issuance. Renewal of a collection bin permit may be requested no less than 30 days before the current permit expires.

C.

Permit application. A collection bin permit application shall be accompanied by the following information for review:

1.

An affidavit and acknowledgment from the property owner, giving written permission to place a collection bin on the subject property, as well as an acknowledgment of receipt of a copy of this chapter, and a signed statement agreeing to obey all of its requirements.

2.

A site plan indicating the placement of the collection bin.

3.

The name, address, telephone number and e-mail address of the applicant, property owner and collection bin operator who will be responsible for compliance.

4.

A photograph, rendering, or example image of the collection bin to be installed.

5.

A nonrefundable fee determined by resolution as set by township board.

6.

A copy of the license and registration from the State of Michigan under the Michigan Consumer Protection Act and the Charitable Organizations Solicitations Act if statutorily required.

D.

Standards for collection bins and surrounding areas. Collection bins shall conform to the following standards:

1.

Collection bins shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.

2.

Collection bins are required to be placed on a paved or concrete surface. Collection bins must be level and stable.

3.

Collection bins shall be locked and be equipped with a secure safety chute so contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

4.

The collection bins shall be emptied with such frequency and regularity as to ensure that it does not overflow, and materials do not accumulate outside the collection bin.

5.

The collection bin operator and property owner shall maintain, or cause to be maintained, the area surrounding the bins free from any overflow collection items, furniture, rubbish, debris, hazardous materials, and noxious odors. To extent provided by law, the collection bin operator and/or property owner shall be jointly and severally responsible for the township's cost to abate any nuisance.

6.

One collection bin on a single lot of record is allowed.

7.

The maximum size of a collection bin is limited to five feet by five feet by seven feet.

8.

Collection bins must be placed:

a.

At least ten feet from a public sidewalk;

b.

At least five feet from a private sidewalk;

c.

At least ten feet from a public right-of-way;

d.

At least ten feet from a driveway;

e.

At least ten feet from a side or rear property line that is adjacent to residentially zoned or used property.

9.

Collection bins shall not be placed in a designated fire lane, in or adjacent to a handicap parking space, or block a building entrance or exit.

10.

Collection bins shall not be located in any required or preexisting landscaping area.

E.

Identification of collection bins. Collection bins shall have signage on each bin that identifies the name, mailing address, email address, website and phone number of the collection bin operator. Total sign area on a collection bin shall not exceed four square feet per side of the bin.

(Ord. No. 11-22, § 2, 11-1-2022)