The purpose of this article is to establish regulations governing lot size, required yards, setbacks, building height, and development density for each zoning district. No building shall be erected, nor shall an existing building be altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations established for the district in which the building or use is located. A portion of a lot used to comply with the regulations in this article with respect to one building or use shall not be simultaneously used to comply with the regulations with respect to another building or use.

All buildings, uses, and parcels of land shall comply with the regulations set forth in the following Schedule of Regulations and footnotes thereto.

Section 36.02 - SCHEDULE OF REGULATIONS

FOOTNOTES TO THE SCHEDULE OF REGULATIONS

^a Lot area. "Net lot area", as defined in section 3.02, shall be used to determine compliance with lot area requirements.

^b Lot requirements with sewers. Lots served by a sanitary sewer system that has been approved by the township shall comply with the following standards (see section 12.09 for minimum lot frontage):

^c Lot depth and proportions. The minimum lot depth in single-family districts shall be 120 feet. Lot depths of newly created lots in the R-1.0 district shall be no greater than four times the lot width, and lot depths in the R-0.5 and R-0.3 districts shall be no greater than three times the lot width. The township may permit lot splits that vary from these proportions where such action would reduce existing nonconformance with these standards.

^d Exceptions to height standards. The height standards shall not apply to certain structures listed in section 12.14, subsection B.

^e Exceptions to height standards for agricultural uses. The maximum height of permitted accessory farm buildings which are essential and customarily used in the agricultural operations associated with a bona fide farm (as defined in section 3.02) shall be 45 feet, except that the maximum height of silos shall be 100 feet; provided that all such accessory farm buildings shall be located at least 100 feet from any residential dwelling other than the dwelling on the lot where the accessory farm buildings are located.

^f Wetlands and watercourse setbacks. The following setbacks shall be maintained from any protected wetlands and watercourses, as defined in section 3.02.

(1)

A 25-foot vegetated strip setback shall be provided from the boundary of any protected wetland and from the high-water mark of any watercourse for all office, commercial and industrial developments. No buildings, structures, parking lots, dumpster pads, or other impervious surfaces may be located in this setback, with the exception of a six-foot wide (max. width) sidewalk or boardwalk. The purposes of the 25-foot setback are to provide access to all sides of the building in the interest of public safety, provide access for maintenance of the building and site, and to provide access for protected wetland or watercourse monitoring and protection. While there are no specific landscaping requirements, property owners are encouraged to maintain a "vegetated strip setback" for all office, commercial and industrial developments, which is intended to have a rich diversity of vegetation so as to filter stormwater as it enters the protected wetland or watercourse.

(2)

A 25-foot vegetative strip and construction and building setback shall be maintained from the boundary of any protected wetland and from the high-water mark of any watercourse for all residential subdivision and condominium projects. The purposes of the 25-foot setback are to provide access to all sides of the building in the interest of public safety, provide access for maintenance of the building and site, prevent elevated water levels from entering homes, and to provide access for protected wetland or watercourse monitoring and protection.

The 25-foot vegetated strip and building and construction setback in subdivision or condominium projects is intended to have a rich diversity of vegetation, so as to filter stormwater as it enters the protected wetland or watercourse. No permanent buildings, structures or other permanent site improvements (e.g., sidewalks, boardwalks) shall be placed, nor shall any major construction activity occur in the 25-foot setback. Temporary disturbances, when limited to the minimum amount necessary, may be allowed in the setback when the required setback is located within the boundary of a residential unit/lot. However, this area must be restored to its pre-construction condition. Restrictive use within this 25-foot setback shall be addressed in the master deed or covenants, conditions and restrictions for the development when the 25-foot setback is located within the boundary of a residential unit/lot.

(3)

Notwithstanding the restrictions set forth in items (1) and (2), above, the township engineer may permit grading and stormwater pipes within a 25-foot vegetated strip and building and construction setback, consistent with a stormwater management plan that protects the essential qualities of the wetland.

^g Minimum setbacks for nonresidential uses. Permitted nonresidential uses shall comply with setback requirements set forth in article 19.00 for specific uses. Unless otherwise specified in article 19.00, permitted nonresidential uses shall comply with whichever of the following requirements is greater:

(1)

The minimum setback requirements set forth in the Schedule of Regulations; or

(2)

One and one-half times the height of the building.

^h Setback on side yards facing a street. On corner lots there shall be maintained a front yard along each street frontage.

ⁱ Parking setback. Off-street parking shall comply with the requirements in section 14.01, subsection B.

^j Parking in residential districts. The minimum parking setbacks shall not apply to operable vehicles that are parked in a driveway.

^k Minimum lot area in multiple-family districts. The minimum lot area requirements in the RM-1 and RM-2 districts shall be based on the density standards in section 19.03, subsection A.

^l Minimum lot area and width in the MHP district. The minimum lot area for each unit in a mobile home park shall be 6,000 square feet for single-wide units and 9,000 square feet for double-wide units and the minimum lot width for each unit shall be 50 feet. However, the minimum lot area and lot width requirements may be reduced by 15 percent provided that: 1) the average lot area for the mobile home park as a whole is 6,000 square feet; and 2) for each square foot of land gained through reduction of a lot below 6,000 square feet, at least an equal amount of land shall be dedicated as open space for the collective use and enjoyment of the mobile home park residents.

^m Building setbacks in multiple-family districts. The minimum distance between any two multiple-family structures erected on the same lot or parcel shall be determined in accordance with section 19.03, subsection A.

ⁿ Mobile home park district requirements. Mobile home parks shall comply with the requirements in section 19.03, subsection C.

^o Parking setback adjacent to a residential district. Off-street parking shall be set back a minimum of 20 feet from any residential district boundary.

^p Parking setback in multiple-family districts. Off-street parking lots in RM-1 and RM-2 districts shall comply with the requirements in section 19.03, subsection A.7.

^q Minimum floor space in the RM-1 and RM-2 districts.

^r Minimum setback adjacent to a residential use. Buildings in commercial and office districts shall be set back a minimum of 40 feet from any residential district boundary.

^s Modification to front setback requirement. Where the front setbacks of two or more existing principal permitted structures within 300 feet are less than the minimum required in the Schedule of Regulations, then the planning commission may permit a building subsequently erected within 300 feet to be set back a distance no less than the average of the front setbacks of the existing structures, subject to review and approval of the site plan and provided that:

(1)

Only structures that are located on the same side of the street and in the same zoning district as the proposed use shall be considered.

(2)

Such modification to the front setback requirement shall be permitted only where it would achieve quality site design, maintain continuity in the streetscape, provide adequate views for commercial uses, and achieve functional pedestrian and vehicular circulation.

^t Side yard setback in certain commercial areas. The side yard may be reduced to zero where there is party wall construction if such party wall is composed of fire-proof materials and further that such party wall contains no windows, doors, or other openings. However, if the adjoining property is used for residential purposes, a 40-foot setback shall be provided.

^u Minimum setback adjacent to a residential district. Where an adjacent district is zoned for residential use, buildings in industrial and research office districts shall be set back the minimum distances specified in the following chart:

(1)

I-1 and RO DISTRICTS

(2)

I-2 DISTRICT

^v Setback requirements for outside storage. If permitted, outside storage in any industrial district shall comply with the requirements in section 33.03, subsection A.

^w Setbacks adjacent to railroads. Required setbacks may be reduced adjacent to a railroad right-of-way, subject to review and approval of the site plan.

^x Front yard setback in industrial and research office parks. In industrial park and research office park subdivisions that are designed so that lots face each other on both sides of an internal road, the minimum front yard setback shall be 40 feet, provided that, the required front yard is landscaped in accordance with section 15.03, and shall not contain any off-street parking or loading.

^y Setbacks in the P-1 district. Off-street parking in the P-1 district shall comply with the requirements in article 35.00.

^z Measurement of setbacks. On public roads, the required front and external side setback shall be measured from the right-of-way line. On private roads, the required front and external side setback shall be measured from the road easement line.

^aa Setback on corner lots. In the event that setback requirements specified in the Schedule of Regulations cannot be complied with on a parcel located at the intersection of a private road and public road, then the rear yard setback shall be reduced by an amount necessary to allow construction in conformance with the front setback standards, provided that in no case shall the rear yard setback be reduced to less than the side setback standard specified in the Schedule of Regulations.

^bb Setbacks of off-street parking. Off-street parking shall comply with the setbacks in section 14.01, subsection B.1.b.

^cc Setbacks in commercial and office districts. If off-street parking is located closer to the front lot line than the principal building, then buildings and structures shall set back at least 75 feet from the front lot line. If no off-street parking is located closer to the front lot line than the principal building, the planning commission may reduce the minimum setback, provided that no building or structure shall be located closer than 40 feet to the front lot line.

^dd Maximum height in the RO district. The maximum height of 45 feet shall be permitted subject to compliance with the township fire code.

^ee Side yard setback option for single-family residential developments located in all residential zoning districts, planned developments and average lot size developments:

(1)

To accommodate side entry garages in a conventional single-family residential development, planned development and average lot size development in the R-0.5 and R-0.3 zoning districts, houses may be offset, with a minimum side setback of five feet on one side; provided that the minimum distance between houses shall be 30 feet. For example, the side yard setbacks may be reduced to five feet on one side and 25 feet on the other, 30 feet total. Other combinations may also be permitted. This option shall be permitted only on blocks where, prior to any housing construction, the minimum side setbacks and garage orientation have been designated for every lot on the approved final preliminary plat or site condominium plan.

(2)

To accommodate side entry garages in a single-family residential planned development or average lot size development in the R-1.0 zoning districts, houses may be offset, with a minimum side setback of 15 feet, provided that the minimum distance between houses shall be 40 feet. For example, the side yard setbacks may be reduced to 15 feet on one side and 25 feet on the other, with 40 feet total. This option shall be permitted only on blocks where, prior to any housing construction, the minimum side setbacks and garage orientation have been designated for every lot on the approved final preliminary plat or site condominium plan.

^ff  See section 43.03.G.

^gg Front yard minimum parking setback. No new parking lot shall be created nor any existing parking lot expanded in front of a building.

^hh  For dimensional regulations in the New Hudson District, please see article 41 in this Ordinance.

(Ord. No. 07-12, pt. 2, 10-1-2012; Ord. No. 05-16, pt. 3, 6-6-2016; Ord. No. 10-16, pt. 13, 11-9-2016; Ord. No. 03-17, pt. 11, 6-5-2017; Ord. No. 190-18, § 5, 5-7-2018; Ord. No. 04-20, § 2, 7-6-2020; Ord. No. 13-20, §§ 2, 3, 1-4-2021; Ord. No. 08-22, § 9, 9-6-2022; Ord. No. 01-24, § 4, 3-4-2024)