Except as elsewhere provided in this Ordinance, no structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered in any manner; and no structure, land, premises, or part thereof, shall be used for a purpose and, no open space surrounding any structure shall be reduced or encroached upon, other than as permitted by the provisions of the Ordinance, for the district in which such structure, land or premises is located.

The boundaries of these districts are hereby established as shown on a map entitled "Zoning Map", Macomb Township, Macomb County, Michigan, dated 10/10/73, as amended, which accompanies and is hereby made a part of this Ordinance. Except where specifically designated on said map, the district boundary lines are intended to follow lot lines, the center lines of creeks, streams or rivers, the center lines of streets or alleys, the center lines of streets or alley projected, railroad right-of-way lines, section lines, one-quarter section lines, one-eighth section lines, or the corporate limit line, all as they existed at the time of the enactment of this Ordinance; except as otherwise specifically described; but, where a district boundary line does not coincide with rear lot lines, said boundary lines shall be dimensioned on the Zoning Map.

A.

No structure shall be erected, altered, or moved into this Township except in conforming with all of the regulations pertaining to such structure and pertaining to the district within which such structure is located, or to be located.

B.

Nor shall any structure be erected, altered, or moved into this Township without having been issued previously a building permit authorizing such erection, alteration, or movement.

C.

No building permit shall be issued unless a site plan showing compliance with all requirements of this Ordinance has been approved by the Building Official or, in the case of a use requiring approval of the Township Planning Commission, approval by such Commission, or, in the case of an existing structure a finding by the Building Official that the structure is in conformance with all existing ordinances and regulations, or the alteration or moving will permit compliance with all such ordinances and regulations; provided, however, nothing in this section shall prevent the issuance of a building permit for a variance duly granted by the Board of Zoning Appeals.

D.

No structure shall hereafter be erected or altered (1) to exceed the height or bulk; (2) to accommodate, or house a greater number of families; (3) to occupy a greater percentage of lot area; (4) to have narrower or smaller rear yards, front yards, side yards, or other open space than herein required; or in any other manner contrary to the provisions of this Ordinance.

E.

No part of yard, or other open space, or off-street parking or loading space, required for, or in connection with, any land use, or structure for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking, or loading space similarly required for any other land use or structure, except as otherwise specifically permitted under provision of this Ordinance.

F.

No yard, or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

G.

Building to be moved. No permit shall be granted for the moving of buildings or structures from within or without the limits of the Township of Macomb to be placed on property within such limits unless the Building Official shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of the existing buildings in the neighborhood of the new location and will fully comply with the Building Code and other Codes regulating the health, safety and general welfare of the Township of Macomb after the approval of the Township of Macomb Planning Commission. A performance bond of sufficient amount to insure cost of completing building for occupancy within a period of not less than six (6) months from the date of permit shall be furnished before permit is issued. Provided, however, the moving of accessory buildings used for agricultural purposes, within the boundaries of the farm ownership shall be exempt from this Section.

All buildings moved within the Township of Macomb shall comply with the requirements of the Macomb Township Fire Department as follows:

1.

The date the building is going to be moved.

2.

The time the building is going to be moved off of the original site and onto the new site.

3.

It must be known on each road the building is going to be traveled.

4.

It must be known if any road upon which the building is going to be traveled is going to be closed for any length of time.

H.

The moving or relocation of one- or two-story two-family dwellings. Notwithstanding the provisions of Section 10.0303G, no one- or two-family dwelling may be moved into or relocated within the Township unless the following conditions are complied with:

1.

Type of structure to be regulated. Any residential one- or two-family dwelling, including those dwellings commonly referred to as modular homes, mobile homes, prefabricated homes, sectional homes, trailer homes, or any existing one- or two-family dwelling to be moving into or relocated within the Township, must receive a permit from the Building Official.

2.

All dwellings regulated under this Section shall meet the minimum standards as provided in Macomb Township Ordinance 22A, the Macomb Township One- and Two-family Dwelling Code.

3.

When a permit is applied for under this Section, the Building Official shall review the building plans submitted for the dwelling to be moved or relocated in order to determine the degree of conformance with Ordinance 22A.

4.

The Building Official shall prepare a report of his findings including a listing citing those sections of the Ordinance that are not being complied with in accordance with the plans submitted. The Building Official shall list what must be done in order to comply with Ordinance 22A.

If the dwelling to be moved or relocated is existing and plans do not exists, the Building Official shall make an on-site inspection of the structure and prepare his findings based upon the on-site inspection.

The Building Official further shall visit the site to which the dwelling is to be moved. The Building Official shall determine that all other zoning regulations can be complied with, including minimum lot size, yard spaces, parking and all other site requirements of the applicable zoning district.

In all instances, wheels, towing apparatus and exposed chassis shall be removed before occupancy can be permitted.

The provisions of this Section 10.0303H shall not apply to a mobile home unit to be moved into or relocated within a mobile home park, as herein defined.

Any structure for which a building permit has been issued and construction of the whole, or a part of which has been started, or for which a contract or contractors have been entered into pursuant to a building permit issued prior to the effective date of this Ordinance, may be completed and used in accordance with the plans and applications on which said building permit was granted, provided the construction permitted by such permit shall have been prosecuted and completed within one year from date of issue of such building permit.

Motor homes, mobile homes or camp trailers shall not be used as dwellings, except when located in, and as part of, mobile home park or, camp trailer park business enterprise established and in operation at the time of the effective date of this Ordinance, or as specifically provided elsewhere in this Ordinance.

Before any building permit shall be issued under the terms of this Ordinance, the applicant shall obtain the endorsement in writing from the Macomb County Health Department approving his plan for any on-site sewage disposal system in accordance with State law, County regulations, or Township Ordinance, whichever is the most restrictive.

A.

Every building or structure hereafter erected or moved upon any premises and used in whole, or in part, for dwelling, recreational business, commercial or industrial purposes shall be provided with a safe, adequate and potable water supply. All plumbing work relating to the water supply system shall conform to the standards of material and installation set forth by the Michigan State Plumbing Code, a copy of which is on file in the Macomb Township Clerk's Office.

B.

Where a public water system is not available, each fixture from which water for human consumption may be obtained shall be supplied from a system which meets the minimum requirements of the Macomb County Health Department and the Michigan State Department of Health.

A.

The excavation and removal of soils shall be permitted only under a renewable annual permit, subject to the approval of the Township Planning Commission based on a finding that the proposed excavation operation and the conditions in which the excavation site will be left shall not be detrimental to the surrounding land uses, nor to the public health, safety, morals, and general welfare; excepting, however, the provisions of this paragraph shall not apply to excavations for the construction of a structure for which a building permit has been issued.

B.

The Commission may require all documents necessary to make the foregoing finding including approval from the Michigan Department of Environmental Quality (MDEQ) and subject to the Townships Land Development Ordinance at Chapter 14 of Macomb Township Code of Ordinances, and impose such conditions as it deem necessary to safeguard the public health, safety, and the general welfare.

C.

The findings of the Commission shall be made upon a review procedure outlined in Section 10.2401 of this Ordinance.

D.

The Commission shall establish the amount of a bond and require a posting of such bond running to the Township holding the Township free of all liabilities incidental to such excavation, or sanitary landfill, and to assure performance in accordance with the general conditions required by the Commission.

E.

General Condition. In addition to the above, the Planning Commission shall require the following:

1.

No top soil, earth, sand or gravel shall be removed and no commercial excavating shall be allowed below the grade of the center line of the nearest road, except along streams not less than five hundred (500) feet from any public road. No excavating shall be conducted adjacent to any property line that will produce a slope with a grade of more than twenty (20) percent.

2.

Water, snow or ice shall not be permitted to stand or accumulate in any excavation, unless such excavation is enclosed and barricaded with a five (5) foot fence.

3.

Each excavation, in excess of six (6) feet in depth, shall be barricaded with a fence five (5) feet in height, constructed of wire mesh or other suitable material to afford protection to persons and property.

4.

Within thirty (30) days after completion of the removal of top soil, earth, muck, or sand, or any excavating, pursuant to a permit, the applicant shall fill the land to an average grade of at least twelve (12) inches above the crown of the lowest road or highway adjacent to or abutting said land, and level same so as to provide drainage suitable for the growing of turf or for other land uses permitted under this Ordinance, except that no holder of a permit shall be required to fill the land to an average grade higher than that which existed prior to the removal of top soil, earth, muck or sand from said land. In the case of low-lying lands adjoining river or stream beds, where it clearly appears that the lowering of the level of such lands will not be injurious to adjacent land or property or to the property from which soil, earth, muck or sand is being removed, the Board of Appeals may waive the refilling of said land entirely.

A.

Non-Conforming Use. Any use of land or structure, which use was lawful at the time of the effective date of this Ordinance, may be continued; provided, however, such use shall have continued in operation, does not constitute a nuisance, and shall not be enlarged, altered, or changed in area, activity or content during its continuance, except as provided otherwise by proper authority.

1.

Any non-conforming use which has ceased its usual conduct of such business for a period of one (1) year or more shall be considered to have terminated, and may not thereafter commence operation.

B.

Non-Conforming Structure. The use of or occupancy of a non-conforming structure, which was a lawful structure at the time of the effective date of this Ordinance, may be continued; provided however, no enlargement, change, or alteration shall be permitted upon such non-conforming structure, except upon a finding by the Building Official that such enlargement, change or alteration will bring such structure into conformance with this Ordinance, and that the use within such structure is in conformity with the requirements of this Ordinance; and further provided, that no enlargement, change, or alteration of a non-conforming structure housing a non-conforming use shall be permitted, except upon a finding by the Board of Zoning Appeals that such enlargement, change, or alteration will permit greater compliance with the provisions of this Ordinance and that adequate provisions, as required by the Board of Zoning Appeals, are installed or instituted to minimize the detrimental effects on the non-conforming use upon adjoining conforming use.

1.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, or part thereof, declared to be unsafe by any official charged with providing for the public safety, and which strengthening or restoration is ordered by such official.

C.

Non-Conforming Lot. Any lot which was lawful at the time of the effective date of this Ordinance, but does not comply with all the provisions of this Ordinance may be continued in use; provided, however, the change in use of, or the location, modification, or construction of any structure on such lot shall not be permitted, except upon a variance approved by the Board of Zoning Appeals based upon a finding that such a variance is warranted, and subject to such conditions as the Board may find necessary to provide for the public health, safety, morals and general welfare.

No building permit shall be issued for the construction of any structure upon any lot within any zoning district, which lot cannot meet the dimensional standards and requirements of such district and which lot was created after the enactment of this Zoning Ordinance, or after the enactment of any amendment which affects such standards or requirements, except as provided above.

D.

Destruction of Structure. Nothing in this Ordinance shall prevent the restoration, rebuilding, or repairing of any non-conforming structure, or a structure housing a non-conforming use, which structure has been damaged by fire, acts of God, or any act of a public enemy, subsequent to the effective date of this Ordinance, in an amount up to and including sixty (60) percent of the replacement value of the structure as determined by an assessment board consisting of a qualified appraiser appointed by the Township Board, another by the owner of the structure, and a third appointed by the first two appointees, with the cost of such appraisers shared equally by the Township and the owner, and provided that the restoration or repairing shall have commenced and is diligently prosecuted within one (1) year after the date of destruction.

E.

Maintenance. Nothing in this Ordinance shall prevent the renovation or repair of non-structural members, or the maintenance of a non-conforming structure made necessary by ordinary wear and tear, provided the cost of such repair or maintenance does not exceed fifty (50) percent of the value of the structure as determined by its state equalized valuation.

No cellar, garage, or any incompletely constructed structure in use as a dwelling at the effective date of this Ordinance shall be used as a dwelling for more than one (1) year following said date, unless such structure has been brought to a state of external completion in conformity with the regulations of this Ordinance relative to dwellings in the district in which said structure is located.

No such structure constructed after the effective date of this Ordinance shall be used as a dwelling unless such structure has been completed as a dwelling and an occupancy permit issued for such structure.

A.

Lot Measurements. No area shall be counted as accessory to more than one principal structure or use and no area necessary for compliance with the open space requirements for one principal structure or use shall be included or counted in the calculation of the open space accessory to any other principal structure or use. (See appendix for Description of lots and yards.)

In the determination of a land area where a structure is to be erected, altered, or used, no road right-of-way shall be included in the computation of the required minimum land area.

1.

Depth of a lot shall be considered to be the distance between midpoints of straight lines connecting the foremost points to the side lot lines in front and the rearmost points of the side lot lines in the rear.

2.

Width of a lot shall be the distance along a straight line connecting side lot lines and measured across the lot between side lot lines and measured across the lot at the required building line; provided, however, that the width between side lot lines at their foremost points (where they intersect with the front lot line) shall not be less than eighty (80) percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirements shall not apply.

The width of a lot is determined by a measurement at both the front and rear building lines. A 25 measurement from the front property line determines the front building line and a 35 measurement from the rear property line determines the rear building line.

The creation of odd or L shaped parcels shall be prohibited unless the leg of the parcel created is of a dimension that would be equal to the width as required by the district involved plus a dimension equal to the rear yard setback required by the district involved. The maximum length of the length of the leg shall not exceed the 3:1 ratio of length to width.

For parcels over five (5) acres in size the leg dimension must equal a minimum of three hundred (300) feet.

The width of a lot whose frontage is on an angled street, shall be measured at right angles to the side lot lines.

3.

The front of a lot shall be the portion nearest the street and for the purposes of determining yard requirements on corner lots and through lots, or adjacent to streets were property has access, all sides of a lot adjacent to streets shall be considered frontage, and front yard requirements shall be provided as required in this Ordinance.

B.

Dimension Criteria (See appendix).

1.

Height Limitations. The limitations affecting the height of structures shall not apply to the appurtenant appendages and structures such as parapet walls not exceeding three (3) feet in height, chimneys, smokestacks, church spires, flagpoles, radio or TV towers, masts and aerials, penthouse for mechanical equipment, and water tanks; provided, however, such appendages and structures shall comply with all other provisions of this or any other applicable Ordinance.

2.

Yards. All front, side and rear yards shall be the minimum perpendicular distance measured from the principal structure to the respective front, side or rear lot lines.

a.

Lot width. A single-family dwelling may be constructed on any officially platted and recorded lot which is less than the minimum width required by this Ordinance provided that the structure complies with all other requirements herein.

b.

Lot area. A single-family dwelling may be constructed on any officially platted and recorded lot which has less than the minimum area required by this Ordinance, provided that the structure shall comply with all requirements of this Ordinance.

C.

Front yards (Exceptions). In all residential districts, the front yard setback requirement shall not be less than the average depth of existing developed front yards on lots within one hundred (100) feet of said lot and within the same block face.

Provided, however, that when structures have been built upon a majority of the parcels in the block face with a lesser yard than permitted by this Ordinance, a structure may be built to the distance of the mean average of the structures in the block; provided further that the yard requirements on corner lots shall not reduce the buildable width on parcels of land to less than a 24-foot width building. (See Appendix.) This provision shall not apply to lots fronting on major roads.

D.

Side yards (See appendix).

1.

The required width of side yards on lots with a width of less than seventy (70) feet and recorded as such prior to the date of the adoption of this Ordinance, and located in a residential district, may be reduced six (6) inches for each foot or major fraction thereof by which the width of such lot is less than seventy (70) feet, provided that the minimum side shall not be less than four (4) feet and the combined width of both side yards shall not be less than thirteen (13) feet.

2.

The least width of a required side yard may be measured to the centerline of an adjoining alley, but no structure shall be erected within ten (10) feet of the alley line.

3.

Private driveways, parking pads and walks. In the AG, R-1-S, R-1-E, R-1 zoning districts and in any single family residential development or use; all private driveways, parking pads, and walks located between the rear elevation of an existing or proposed structure and the front lot line or public sidewalk shall meet the following requirements.

a.

A minimum setback of three and one-half (3.5) feet shall be maintained from any side property line that has a side yard setback requirement of seven (7) feet six (6) inches or greater.

b.

A minimum setback of three (3) feet shall be maintained from any side property line that has a side yard setback requirement of less than seven (7) feet six (6) inches.

c.

The ground slope toward the side property line shall not exceed 16.67 percent (one (1) foot vertical descent over six (6) feet of horizontal distance) or a grade difference of six (6) inches. The slope of any pavement toward the side property line shall not exceed two (2) percent.

d.

Placement of the driveway, parking pad, or walk must match the grade as established for the property as approved by the Township Engineer.

e.

Landscaping, including, but not limited to, trees, shrubs, grass, stone or mulch, located within the above-mentioned setbacks, shall not be installed in a manner that impedes the drainage within a side, rear, or front yard, or interferes with the clear vision from the driveway to adjacent sidewalks or streets.

f.

All requirements of Chapter 16 of the Township Code of Ordinances shall be met.

E.

Rear yards (See appendix). Any platted and recorded lot less than one hundred ten (110) feet deep and/or platted and recorded with the express requirement that it shall be provided with a thirty (30) foot front yard setback shall be allowed a reduction of the rear yard not to exceed five (5) feet. In no case shall the rear yard provided be less than thirty (30) feet.

a.

No fence or wall shall be permitted within any required front yard, which materially impedes vision across such yard above the height of two (2) feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of two (2) and eight (8) feet; all of which shall be measured from the centerline elevation of abutting streets; provided, however, this provision shall not affect any yard area where the natural ground elevation is more than four (4) feet above the centerline elevation.

b.

In any district where a lot runs through a block from street to street and where a front yard is required, such front yard shall be provided along each street lot line.

c.

In the case of through lots, side yards shall extend from the building lines of required front yards. In the case of corner lots, yards remaining after full front yards have been established shall be considered side yards and comply with applicable requirements for side yards.

d.

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations.

e.

Depth of a required yard shall be measured in such a manner that the yard established is a strip of at least minimum width required by district regulations.

f.

In the case of residentially zoned lots, construction may be permitted in the rear yard as follows:

1)

Freestanding buildings such as garages and sheds provided they are not located closer than ten (10) feet from other buildings and a minimum of seven and one-half (7.5) feet from the side or rear property lines.

2)

Patios and decks provided they are not located in any required side yard setback and maintain a minimum of seven and one-half (7.5) feet from the side property line and twenty (20) feet from the rear property line. Further, that walls and railings do not exceed forty-two (42) inches in height from the finished floor of the patio or deck.

3)

Unenclosed, swimming pools, either above or below ground, must maintain a minimum of seven and one-half (7.5) feet from a side property line and a minimum of six (6) feet from the rear property line and a minimum of ten (10) feet from other buildings not associated with the pool.

4)

All freestanding or detached buildings located in the rear yard shall be built on a minimum of a four (4) inch wide and a twenty-four (24) inch deep rat wall, with a four (4) inch slab.

5)

No structure of any sort shall be constructed in any recorded easement.

6)

Any construction must otherwise meet the codes and ordinances of the Township and must consider any easement of record.

7)

In the case of double frontage or through lots where lots front on both a local or collector street and a major road the yard area between the existing building line and the major road shall be considered a rear yard and regulated according to the rear yard provisions of the applicable Residential District.

(Ord. No. 10-12, § 1.1, 6-13-01; Ord. No. 10-17, § 1.2, 11-13-02; Ord. No. 10-21, § 1, 7-9-03; Ord. No. 10-31, § 1, 7-12-06; Ord. No. 10-52, 10-9-13; Ord. No. 10-63, § 3, 9-13-17; Ord. No. 10-76, § 1, 3-26-25)

Lot area and yard requirements normally required within this Ordinance may be changed upon the approval of a variance by the Board of Zoning Appeals, in accordance with the provisions of Section 10.2403 and subject to the following provisions:

The required rear yard depth may be measured to the center line of any adjoining alley, but no building shall be erected within ten (10) feet of the alley line.

Projections into yards. In all zoning district, architectural features such as, but not limited to window sills, cornices, eaves, bay windows, may extend or project into a required side yard not more than two (2) feet, and may extend or project into a required front or rear yard not more than three (3) feet. The front, side and rear yard projections shall further be limited to two (2) such projections per side elevation with a maximum of ten (10) feet in length for each projection. However, a projection may be permitted into a side or rear yard, exceeding ten (10) feet in length, provided that any such projection shall be limited to sixteen (16) in length and would be further limited to one (1) projection per side or rear yard.

(Ord. No. 10-21, § 1, 7-9-03; Ord. No. 10-34, § 1, 11-27-06)

There shall be a clear vision zone at all intersecting drives or maneuvering lanes within off-street parking areas consisting of a triangular area defined by the point of intersection of the driveways or maneuvering lanes and the two (2) points extended along such a distance of twenty (20) feet. The lines for the triangular area are created by utilizing the edge of the drives or maneuvering lanes closest to an existing or proposed building. The above described triangular area shall have no obstruction to vision permitted from a height of two (2) feet to eight (8) feet above the established grade as set by the township engineer.

(Ord. No. 10-18, 6-11-03)

A.

All structures shall be constructed or located with a ground elevation such as to provide a sloping grade to cause the surface drainage to flow away from the walls of such structures.

B.

Grades on any lot upon which new construction or earth movement is to be carried out shall be related to existing grades and drainage systems such as to provide adequate drainage and not jeopardize such existing drainage systems, and shall be approved by the Building Official and such other authorities having jurisdiction over such system.

C.

In the R-1-E and R-1 zoning districts, the elevation of the structure's first floor shall be limited to a maximum of six (6) feet above the lowest top of curb elevation on the adjacent roadway along the parcel's frontage. In areas where the adjacent roadway does not have a curb the lowest road centerline elevation shall be used in lieu of the lowest top of curb elevation. The structure's first floor refers to the main living floor that is entered from the front or street side.

(Ord. No. 10-21, § 1, 7-9-03; Ord. No. 10-62, § 1, 2-8-17)

Curb cuts, driveways and culverts may be located upon approval by the Building Official, Township Engineer and such other county and state authorities as required by law; provided, however, such approval shall not be given where such curb cuts, culverts and driveways shall cause an unreasonable increase in traffic hazards.

A.

Nothing in this Ordinance shall prohibit the provision of essential services, provided the installation of such service does not violate other applicable provision of this Ordinance.

B.

Nothing in this ordinance shall be construed to permit the erection, construction, or enlargement of any above ground structure except utility poles and wires, except as otherwise permitted in this Ordinance.

Nothing in this Ordinance shall prohibit the use of a mobile home upon a lot while construction is diligently pursued upon a residence meeting all requirements of this Ordinance; provided, however, all health requirements affecting the provisions of water and sanitary sewer services are complied with and approved by the Building Official; and provided further, that all such construction shall have been completed within six (6) months from the issuance of the building permit; and further provided, that nothing in this Section or this Ordinance shall permit the occupancy of a cellar without a complete residential structure thereon sufficient to permit the issuance of an occupancy permit.

Nothing in the Ordinance shall permit the storage or parking of any vehicle or nonpermanent structure within the required front yard of any lot except that the parking of an operable passenger vehicle on a driveway of a residential use on private property shall not be prohibited.

Editor's note— Ord. No. 10-40, adopted July 22, 2009, deleted § 10.319. Former § 10.319 pertained to signs and derived from Ord. No. 10-10, § 1.1, adopted Feb. 28, 2001.

A home occupation may be permitted within a single-family residential dwelling subject to the following conditions:

A.

No person other than members of the family residing on the premises shall be engaged in such occupation.

B.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than two hundred (200) square feet of floor area of the dwelling unit shall be used for the purposes of the home occupation, and shall be carried out completely within such dwelling.

C.

There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation.

D.

No home occupation shall be conducted in an accessory structure.

E.

There will be no sales of any goods manufactured elsewhere in connection with such home occupation.

F.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.

G.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of persons off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.

H.

No indoor or outdoor advertising of the home occupation shall be permitted.

I.

The hours of operation for a home occupation shall be limited to the hours of 9:00 a.m. to 8:00 p.m. seven (7) days a week.

J.

No commodity may be sold upon the premises.

K.

No person may be employed other than a member of the immediate family residing in the premises.

(Ord. No. 10-37, § 1, 7-11-07)

A.

Nothing in this Ordinance shall prevent the use of a travel trailer, a mobile home, semi-truck trailer or other similar structure including a tool crib, in any district as a temporary construction field office for a period not to exceed the period of construction, provided, however, such structure is not used for overnight sleeping accommodations and adequate arrangements for sanitary facilities are made and provided further, that the temporary field office has been certified as such and conforming to this Ordinance by the Building Official. The placement and regulation of such temporary uses shall be further regulated as follows:

1.

The temporary use shall not be connected to public water or sewer without special approval by the Township Board. The temporary connection to electrical service may be permitted subject to approval by the utility company and the Building Official.

2.

The location of any such temporary use shall be prohibited in any of the following areas on the site: clear vision triangle of any intersecting public street or within seventy-five (75) feet of any residential structure or within twenty (20) feet of any fire hydrant or within fifteen (15) feet of any property line.

3.

The placement of the temporary structures shall be discussed at the preconstruction meeting with the Water and Sewer Department and Township Engineer.

4.

All temporary uses shall be removed from a site prior to the release of any bonds posted to ensure faithful completion of the improvements of the site plan approval pursuant to Section 10.2403 of this ordinance or the issuance of a Certificate of Occupancy for any building on the parcel in question.

B.

Circuses, carnivals, or other transient amusement enterprises may be permitted in any district, upon approval by the Township Planning Commission based upon review procedures as outlined in Section 10.2401 of this Ordinance and a finding that the location of such activity will not adversely affect public health, safety, morals and the general welfare; provided, however, the Commission may require the posting of a bond running to the township in an amount sufficient to hold the township free of all liabilities incident to the operation of such activity and to indemnify any adjoining land owner for any damages resulting from the operation of such activity.

C.

No recreational vehicles or boat shall be parked in the driveway of a residence for more than twenty-four (24) hours, nor in the side yard or within ten (10) feet of any principal building at any time.

(Ord. No. 10-23, § 1, 4-28-04)

A.

A variance from the provisions of this Ordinance may be granted by the Board of Zoning Appeals, subject to the provision of section 10.2403 of this Ordinance.

A.

Intent. The off-street parking and loading requirements of this ordinance are established to prevent congestion on public streets by providing clearly defined parking areas that are separated from roadways; to remove the hazard to pedestrians of emerging between parked vehicles onto a public street; to facilitate proper storm-water runoff; to prevent the generation of dust into the area; and to make clear the availability and arrangement of spaces to all users.

B.

Requirements General Parking. It shall be the obligation of both the owner and occupant of any site, or portion thereof, to provide off-street parking spaces as required in this Article. Such off-street parking areas shall be laid out, constructed and maintained in accordance with the following standards and regulations:

1.

Whenever a use or an activity requiring off-street parking is created, enlarged or increased in activity or intensity, off-street parking spaces shall be provided on site and maintained as required by this ordinance.

2.

The amount of required off-street parking for new uses of buildings, additions to existing buildings, new uses of land and accessory buildings shall be determined in accordance with the regulations in effect at the time the new use or addition is proposed, and the space so required shall be shown on the site plan and shall be irrevocably reserved for such use. No such designated parking area shall be changed to any other use unless and until equal facilities are properly approved and provided elsewhere on the site.

3.

Off-street parking existing at the effective date of this ordinance, in conjunction with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

4.

Nothing in this section shall be construed to prevent the collective provisions of off-street parking facilities for two (2) or more buildings or uses on separate sites, provided that, collectively, such parking shall not be less than the sum of requirements for the various uses computed separately. The provision for collective parking shall not be construed to allow for a development without adequate parking being located reasonably proximate to the development it is intended to serve. Parking shall be reasonably distributed to fulfill the parking needs of each use being served and shall be irrevocably dedicated to each use.

5.

Where the owners of two (2) buildings or uses desire to utilize shared off-street parking facilities, the planning commission may permit such dual function provided that the following conditions have been met:

a.

The peak business hours of the two (2) buildings or uses shall not generally overlap. In the event that there is a change of use(s) or other site alteration that causes the site(s) to no longer meet the criteria established for shared parking, the required number of spaces as provided below shall be installed per applicable Township requirements.

b.

The common parking lot shall meet the off-street parking requirements of the larger building or more intensive use, whichever is greater, plus fifteen (15) percent.

c.

The common parking lot meets all of the locational requirements of this ordinance with respect to each building or use.

d.

The petitioners for shared parking shall provide proof, in the form of a site plan, that individual parking requirements for both uses can be accommodated on the site(s) if such need is ever required or deemed necessary by the Township for protecting the health, safety and/or welfare of residents and users of the parking. A banked parking agreement shall be provided to the Township in a form acceptable to the Township's Attorney. Such agreement shall stipulate that the Township may require the installation of all or some banked parking spaces at any time and at the discretion of the Township to protect the health, safety and welfare of Township residents and users of the parking.

6.

Off-street parking facilities required herein shall be located within three hundred (300) feet of the permitted use it is intended to serve. Such distance shall be measured along lines of public access to the property between the nearest point of the parking facility and the building to be served. Said off-street parking facility shall not be separated from the building to be served by any major or secondary thoroughfare so designated by the Macomb Township Master Plan, or by physical barriers such as a river, an unenclosed storm drain, a canal, an unpierced wall or similar physical barrier or public improvement. All parking located off-site shall be reviewed and approved by the planning commission.

a.

Valet-only parking may be provided at any location within one thousand (1,000) feet of the site, subject to planning commission approval and the following conditions:

(1)

The proposed parking area is not located in an area that maintains poor corner clearance visibility or any other type of roadway design that would result in a danger to valet workers utilizing the lot or motorists passing by;

(2)

The parking area is open for valet parking only and employees of the facility. Patrons utilizing the primary site shall not be permitted access or parking rights to the proposed parking area;

(3)

There are reasonable pedestrian connections between the proposed parking area and the primary site to ensure that valet or facility employees walking between properties will not be required to walk within the roadway;

7.

Required off-street parking shall not be enclosed with a gate that would permit it to be closed to employees, patrons, and/or public safety vehicles without Planning Commission approval.

8.

When units, measurements or calculations determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one (1) parking space.

9.

Unless otherwise specified herein, off-street parking requirements for all uses shall be calculated utilizing one hundred (100) percent of the gross floor area, as measured from the interior of all exterior walls. For those buildings which feature unique interior natural features, such as atriums and landscape areas, the floor area occupied by such areas may be deducted from the gross floor area used to calculate parking requirements.

10.

Uses which include a drive-thru window, similar service window and/or a washing bay shall provide a minimum of six (6) off-street waiting spaces for each service window or service bay. Such waiting spaces shall be provided in a designated lane directly in line with the window or bay. All such lanes shall be ten (10) foot wide with a ten (10) foot wide emergency by-pass lane.

C.

Minimum Space Requirements. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following parking schedule. Other than multiple uses located in shopping centers, sites occupied by more than one (1) use shall provide the sum total of required parking spaces for each use. For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord to the most similar use, as determined by the planning commission.

9.

Exception.

1.

Use of basements in office buildings. If the basement of an office building is used exclusively as a service area, then the basement qualifies for special exception. To be considered as a service area, the uses of the basement shall be limited to the following or similar uses as determined by the Planning Commission: storage area, filing rooms, meeting rooms, library, restrooms, employee lounge/break room, and utility rooms. Under no circumstances shall any rooms or areas be set aside in the basement for permanent work stations or private offices for employees or tenants or to provide direct service to the general public, such as waiting rooms, treatment rooms or similar activities. To qualify for this special exception the owner shall submit a floor plan for the basement area together with the site plan that describes in detail the proposed uses for the basement area together with the site plan that describes in detail the proposed uses for the basement. The Building Official shall review the floor plan and make a report to the Planning Commission as to the proposed use of said basement. The basement must be kept as a service area for the life of the building and further a document to this effect shall be recorded with the County Register of Deeds.

D.

Off-street loading requirements. Off-street loading space for specified land uses shall be provided in accordance with the following requirements.

1.

On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, supplies, materials or merchandise, there shall be provided and maintained on the lot adequate space for loading and unloading services in order to avoid undue interference with parking, maneuvering or site circulation, as well as public use of the streets and alleys.

2.

Loading and unloading spaces, unless otherwise adequately provided for, shall be an area ten (10) feet by fifty (50) feet, with fifteen (15) feet height clearance.

3.

All loading spaces shall be located and designed to avoid creating traffic hazards and circulation conflicts. Loading and unloading shall be located at the rear of a building unless the Planning Commission determines that a side location will be adequately screened and will not interrupt circulation patterns or cause traffic conflicts.

4.

A site plan showing the loading area layout and dimensional requirements shall be submitted as part of Site Plan Review before the building permit for the structure for which the loading facility is required is issued.

E.

Parking Space Layout Standards And Construction.

1.

Wherever the off-street parking requirements require the construction of an off-street parking facility, such off-street parking lot shall be laid out, constructed and maintained in accordance with the following standards and regulations:

a.

No parking lot shall be constructed unless and until a permit therefore is issued by the Building Department. Applications for a permit shall be submitted as required by Township regulations and policies.

b.

Plans for the layout of an off-street parking lot shall have dimensions consistent with the following standards:

(1)

Ninety (90) degree pattern: Parking spaces and maneuvering lanes shall be provided based on the following table:

(2)

Sixty (60) and forty-five (45) degree patterns with one-way lanes: Parking spaces and maneuvering lanes shall be provided based on the following table.

(3)

All other drives and maneuvering lanes not indicated above shall have a minimum width of twenty-four (24) feet.

(4)

Parking spaces to accommodate vehicles with trailers, boats and recreational vehicles shall be at least ten (10) by forty (40) feet.

(5)

All parking lot stalls shall be striped and maintained.

(6)

Handicapped spaces shall be furnished as required by State and Federal law. It shall be the owner's responsibility to meet all such requirements.

(7)

Parallel parking spaces shall be ten (10) feet by twenty-five (25) feet and be provided with a twenty-four (24) foot maneuvering lane for two-way traffic and a twenty (20) foot maneuvering lane for one-way traffic.

(8)

Stacking spaces shall be ten (10) feet wide by twenty-five (25) feet long.

2.

All parking spaces shall be provided with adequate access by means of maneuvering lanes. Spaces shall not be designed to permit backing directly onto a street.

3.

Required off-street parking areas for three (3) or more automobiles shall have individual spaces marked and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley and so that any automobile may be parked and un-parked without moving or damaging another.

4.

All parking areas must be curbed, drained and hard-surfaced pursuant to Chapter 14 of the Macomb Township Code of Ordinances. Bumper blocks are prohibited. Driveways and parking areas for Township Parks may be developed with an aggregate surface approved by the Township Engineer as it relates to materials, cross-sections, and drainage.

5.

In the area where a maneuvering lane, driveway or parking space that is part of a parking lot abuts a front yard or greenbelt, a six (6) inch raised concrete bumper slab of at least five (5) feet in width shall be provided.

6.

In any area where front-end parking abuts a curbed landscaped area at least five (5) feet in width or a raised sidewalk having a minimum width of at least seven (7) feet, the minimum parking stall depth of twenty (20) feet (as otherwise specified herein) may be decreased by up to two (2) feet in depth in order to allow for a vehicle to overhang such landscaped area or such sidewalk. In no case shall the parking stall depth be decreased to allow a vehicle to overhang a required parking setback or property line. Parallel parking spaces which are parallel to the building or the driveway or maneuvering lane runs parallel to the building with no parking spaces between the driving/maneuvering lane and the building, the sidewalk shall be a minimum of five (5) feet wide.

7.

Where a parking lot abuts a side or rear lot line, the face of the curb shall be located at least four (4) feet from the property line. All setback areas shall be graded and finished with ground cover and landscaping. No setback shall be required if an irrevocable shared parking agreement with the abutting neighboring property is approved and recorded by the Township.

8.

All parking lots abutting residential zones or abutting any residential uses shall be buffered with a six (6) foot high masonry wall or eight (8) foot wide greenbelt.

9.

All lighting used to illuminate off-street parking shall be so installed as to confine within and directed onto the parking area only. All light fixtures or light standards must have deflectors or shields for positive cut-off of direct beams of light, or glare from bulbs or fixtures lenses, shining or casting light onto adjacent properties.

10.

The surface of the parking lot area shall be maintained and kept free from weeds, rubbish, refuse and debris.

11.

All parking serving other than one- or two-family dwellings shall be side-by-side. Tandem parking is prohibited; except where a multiple-family unit has its own separate two (2) car garage, their separate approach apron can be used for visitor parking. Tandem parking to a depth of three (3) cars may be permitted in vehicle storage and inventory areas provided such areas are under the control of employees and are not accessible by the general public. Any parking or vehicle circulation areas accessible to the public shall meet the size standards specified in this section

12.

Except as otherwise provided in this article, required off-street parking space shall be for the use of occupants, employees, visitors, customers, clients and patrons. Off-street parking shall not be used for other than parking purposes or allowed to become unusable, except for temporary repairs. The storage of vehicles or merchandise in any off-street parking space is prohibited, except as permitted by site plan approval in conjunction with the principal or accessory use and sale of motor vehicles.

13.

All parking areas shall be provided with an entrance and exit of not less than thirty (30) feet in width from the abutting public right-of-way.

14.

All entrances and exits from any off-street parking lot shall be located at least twenty (20) feet from any adjacent property line.

15.

Ingress and egress to a parking lot lying in an area zoned for other than single-family residential and agricultural uses shall not cross land zoned for residential or agricultural purposes.

16.

Off-street parking shall not be used for other than parking purposes or allowed to be unusable except for temporary repairs. The storage of vehicles, merchandise, signage, and trash containers in approved parking spaces is prohibited.

17.

The use of any outdoor loud, noise-producing device or public address system shall be prohibited.

18.

All parking lots shall be screened as per the requirements of this Ordinance.

19.

It shall be unlawful for any person to leave, park or store any motor vehicle or to permit any motor vehicle to be left, parked or stored in a parking lot as permitted in this subsection for a period of longer than eighteen (18) hours. It shall also be unlawful to park or permit to be parked any motor vehicle in such parking area between the hours of twelve (12:00) o'clock midnight and six (6:00) o'clock the following morning, unless the business maintaining such parking area remains open after midnight, in which case said lot shall be closed and all parked cars removed within thirty (30) minutes after said business has closed. The parking of vehicles accessory to the principal use of the site is exempt from this provision.

20.

Planning Commission may require access easement to provide for vehicle access to adjacent parking lots for purposes of public safety, reduction in access drives and the convenient flow of traffic.

21.

Driveways may cross the front yard setback area, but shall not run in the front yard setback area parallel to the street. Further, the driveway must cross the front yard setback at not less than a seventy-five (75) degree angle. In the case of a residential lots where circle drives are constructed a setback of eight (8) feet must be maintained between the front lot line and the driveway.

27.

Parking lots, including parking spaces and maneuvering lanes, shall not be permitted within any front yard setback.

F.

Parking Structure Development Standards.

1.

It is intended that the provision of parking within structures or buildings shall serve to increase the value and convenience of related development and to enhance, rather than detract from, the appearance of the overall development. It is further intended that the provision of such facilities shall not negatively impact the safety and security of the public. All parking structures shall observe the layout, construction and maintenance requirements of this Ordinance and shall be physically integrated into the overall design and functioning of the site. The exterior treatment of the parking structure element of a building complex shall be substantially the same in appearance to that of the main building element, and shall further be designed so that all architectural and vehicular lighting is shielded or screened from view from adjacent properties. All parking structures shall be reviewed as a special land use request.

(Ord. No. 10-17, §§ 1.3—1.6, 11-13-02; Ord. No. 10-20, § 1, 4-23-03; Ord. No. 10-19, § 1, 6-25-03; Ord. No. 10-18, 6-11-03; Ord. No. 10-39, § 1, 6-24-09; Ord. No. 10-39, § 1, 6-24-09; Ord. No. 10-45, § 1, 3-28-12; Ord. No. 10-52, § 1, 10-9-13; Ord. No. 10-58, § 1, 5-13-15)

Editor's note— Ord. No. 10-58, § 1, adopted May 13, 2015, changed the title of § 10.0323 from "Off-street parking and off-street loading space requirements" to read as set out herein.

All structures shall be completed on the outside in conformance with the building code and with finish materials; such as wood, brick, or brick veneer, shingle, concrete or similar performance tested material within six (6) months after construction is started unless an extension for not more than an additional six (6) months is granted by the Building Official. When part of the building is ready for occupancy, a temporary occupancy permit may be issued, provided that the premises comply with health and fire standards.

Nothing in this Ordinance shall be construed as prohibiting an owner, tenant, occupant, or land contract vendee from doing his or her own building, erecting, altering, plumbing, electrical installation, etc., provided the minimum requirements of the State Electrical and Plumbing Codes of the State of Michigan, and the applicable Macomb County Health Department regulations are complied with.

The land areas and sizes of dwelling assigned to these districts, the designation of same and the boundaries of said districts are shown on the map hereto attached and made part of this Ordinance, said map being designated as the Zoning District Map showing use districts and building districts in the unincorporated portions of this Township and said map and the proper notations, references and other information shown thereon shall be as much a part of this Ordinance as if the matters and information set forth by said map were all fully described herein.

Every one-story building or structure used as a one-family dwelling, hereafter erected or structurally altered shall have a minimum floor area of twelve hundred (1,200) square feet. Every one and one-half and two-story dwelling hereafter erected or structurally altered shall have a first-floor area of not less than eight hundred forty (840) square feet. The minimum exterior width of any elevation of a single-family dwelling shall be twenty-four (24) feet.

The use of land for the dumping or disposal of scrap, iron, junk, garbage, rubbish or other refuse, or of ashes, slog, or other industrial wastes shall be prohibited in all zoning districts as provided for by Act 641, Michigan Public Acts of 1978, as amended.

The existing grade of all properties within the Township shall not be changed without approval of the Township Board. Any request for change to existing grades shall be submitted to the Township Board. The Board shall make its determination based on a recommendation from the Township Engineer and Building Official. The Board shall charge all reasonable fees in making the determination to the property owner.

No residential structure shall be erected upon the rear of a lot or a lot with another dwelling with the exception of a farm which may require a tenant house which shall comply with the yard requirements of the Agricultural District; and parcels of record described and designated as "outlots," which may be so arranged or subdivided as to provide for one (1) or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district, and the building and land complies with all the requirements of the district in which it is located.

Accessory buildings except as otherwise permitted in this Ordinance shall be subject to the following regulations:

1.

Where the accessory building is structurally attached to a principal building, it shall be subject to and must conform to all regulations of the ordinance applicable to the principal building, except as specifically cited herein.

2

Detached accessory buildings shall not be erected in any required yard except the required rear yard.

3.

A detached accessory building shall not be located closer than ten (10) feet to any principal building, nor shall it be located closer than seven and one-half (7.5) feet to any side or rear lot line. In no instance shall an accessory building be located within a utility easement or any dedicated right-of-way.

4.

Accessory buildings on corner lots shall maintain the specified front setback from both streets, as required for principal buildings in the same zoning district.

5.

In the AG, R-1-S, R-1-E, and R-1 Districts, the following regulations shall apply:

¹  Excess floor area for existing garages that exceed eight hundred (800) square feet shall be included in the calculations used to determine maximum allowable size of accessory buildings.

²  Existing accessory buildings may limit future lot splits if the accessory building exceeds the maximum allowable area for accessory buildings on the proposed lot. The Zoning Board of Appeals shall not grant variances for existing accessory buildings, which exceed the maximum allowable area in order to facilitate a proposed lot split.

³  Maximum height is measured as the vertical distance to the highest point of the roof for flat roofs: to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than ten (10) feet from the front lot line or from the grade in all other cases. (See appendix for Building Heights and Structural Terms.)

⁴  Second story floor area shall not count toward the allowable square footage of the building.

⁵  Houses exceeding three thousand (3,000) square feet in floor area shall be permitted an attached garage with a floor area equal to thirty (30) percent of the floor area of the house, rather than the nine hundred (900) square feet indicated on the chart above. In no case shall an attached garage exceed one thousand two hundred (1,200) square feet in floor area.

6.

In all non-residential zoning districts, accessory buildings both attached and detached, shall meet all setbacks, locational criteria and design requirements of the principal building. Accessory buildings of less than two hundred (200) square feet in floor area, such as buildings for parking attendants, guard shelters, gate houses, sheds and transformer buildings, may be located within setbacks upon Planning Commission approval. The Commission shall base such approval or denial of the accessory building location on the function of the building and the impact on surrounding sites. All such buildings or structures shall be architecturally and aesthetically compatible with the principal building and be located and/or landscaped to reduce the visual impact from surrounding properties and from public streets.

7.

No accessory building shall occupy a lot or parcel unless and until a principal building occupies the site. Should the principle building be removed or rendered unusable for a period exceeding two (2) years, the accessory building shall be removed from the site. The accessory building shall not be utilized during the period the principle building is removed or unusable. A principle building shall be determined unusable if a certificate of occupancy is not secured for the building.

8.

Vehicles and containers prohibited as accessory buildings.

a.

Over-the-road truck trailers, shipping containers, other enclosed trailers, and similar vehicles and containers shall not be permitted as accessory or principal buildings or structures for any purpose in any zoning district.

9.

Temporary, portable and/or tent-like structures shall not be utilized for garage purposes or storage.

10.

Accessory buildings shall be incidental to the principal permitted use and shall not involve any business, profession, trade or occupation, unless specifically approved by the Planning Commission.

11.

Accessory buildings shall be compatible with the character and materials of the principal building. All exposed walls shall have a finished appearance by the application of face brick, decorative block, wood, aluminum, vinyl or composition siding.

12.

Accessory buildings with under eighty (80) square feet of floor area and with a height no greater than ten (10) feet shall not require a Township Building Permit, but shall meet front, side and rear yard setback requirements for accessory buildings.

(Ord. No. 10-17, §§ 1.7, 1.8, 11-13-02; Ord. No. 10-50, § 1, 10-9-13; Ord. No. 10-59, § 1, 5-27-15; Ord. No. 10-63, § 1, 9-13-17)

Each dwelling located within the Township shall comply with the following standards:

a.

Separate cooking and sanitary facilities. Unless otherwise provided for in this Ordinance, each dwelling unit within a dwelling shall be so designed and arranged so as to provide cooking and kitchen accommodations and sanitary facilities for one family only.

b.

Minimum square footage. Each dwelling unit within a dwelling shall comply with the minimum square footage requirements of Section 10.0327 and zoning district of this Ordinance.

c.

Minimum width. Each dwelling shall be constructed of such minimum outside wall dimensions that a square, twenty (20) feet on each side, if placed within such dwelling, would be completely enclosed by the perimeter dimensions of the dwelling exclusive of garages, porches, or decks.

d.

Perimeter Wall and Permanent Foundation. Each dwelling shall be firmly attached to a masonry wall which in turn is attached to a permanent foundation constructed on the site in accordance with the Township building code. Further, the wall shall have the same perimeter dimensions as the dwelling, excluding cantilevers for special effects not to exceed twenty (20) percent of the total perimeter of the dwelling, and constructed of such materials and method of construction as required in the applicable building code for dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall and permanent foundation as provided in this section.

e.

Exposed chassis, exposed under-carriage or towing mechanism prohibited. In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any towing mechanism, under-carriage or chassis exposed.

f.

Connection to public utilities. Each dwelling unit within a dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the local health department.

g.

Storage capability. Each dwelling shall be provided with a storage capability located in a basement under the dwelling or in an attic area, in closet areas, or in a separate structure of construction approved by the Township.

h.

Aesthetics and compatibility with surrounding area. Each dwelling shall be so designed as to be compatible aesthetically with other residences in the vicinity. Each dwelling shall be provided with window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. Further, each dwelling shall have a double pitched roof of not less than two and one-half (2½) inches of rise for each twelve (12) inches of run and the roof shall be covered by either asphalt, shale, tile, or composite shingles or other materials commonly found on conventionally built dwellings in the surrounding area. There shall also be required not less than two exterior doors, one on the front elevation with the second one being in either the rear or side of the dwelling. Steps connecting to said exterior doors and to porches shall be constructed on permanent masonry foundations.

The compatibility of design and appearance shall be determined in the first instance by the Township Building Official upon review of the plans submitted for a particular dwelling. Any determination of compatibility shall be based upon the standards set forth in this definition of "dwelling" as well as the character, design and appearance of one (1) or more residential dwellings located outside of mobile home parks within two thousand (2,000) feet of the subject dwelling where such area is developed with dwellings to the extent of not less than twenty (20) percent of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the Township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.

i.

Additions. No additions or rooms in other areas shall be permitted unless constructed with similar quality workmanship as the original building, including permanent attachment to the principal building and construction of a foundation and perimeter wall as required herein.

j.

Relationship to building and fire codes. Each dwelling shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, mechanical systems and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. In the case of Premanufactured housing other than mobile homes, each dwelling unit must comply with the Michigan State Construction Code. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

k.

Relationship to Mobile Home Parks. Mobile homes which do not conform to the standards of this Section shall not be used for dwelling purposes within the Township of Macomb unless located within a licensed mobile home park. The foregoing standards as set forth in this section shall not apply to a mobile home located in a licensed mobile home park zoned for such use except to the extend required by state or federal law or otherwise specifically required in an ordinance of the Township pertaining to such parks.

Farm Produce sales except as otherwise regulated in this Ordinance shall be subject to the following standards:

a.

Farm produce sales refers to the sale of goods and/or products as defined in Section 10.0202 of the zoning ordinance and as specified further below.

b.

Farm produce sales refers to the sale of those farm related products typically found growing in Macomb Township, the State of Michigan and elsewhere as specified and limited herein. Examples of products allowed for sale pursuant to this Section include unprocessed agriculture products such as: fruits, vegetables and flowers; greenhouse products, ornamental shrubs and trees; eggs and dairy products when not processed off the site.

c.

A minimum of fifty (50) percent of the products to be sold on the site must be produced on the site.

d.

No more than ten (10) percent of the farm products to be sold on the site shall be produced outside of the State of Michigan.

e.

Farm produce sales may be conducted in accordance with this Section by the proprietor of the farm only. The proprietor may not lease or assign the right to sell the farm products pursuant to this Section on any parcel in the Township.

f.

Farm produce sales may be conducted in accordance with this Section on any farm parcel with a agricultural zoning classification. If a farm parcel is zoned residential (R-1-E, R-1-S, R-1, R-2-L, R-2-H or R-3) farm produce sales may be permitted if a Special Land Use Permit is granted by the Township Planning Commission in accordance with Section 10.2401 of this ordinance.

g.

The following products, goods, articles, or services are prohibited to be sold on any parcel as part of farm produce sales pursuant to this Section: dairy, grocery or sundry products processed or packaged for sale and found in supermarkets, dairies, or other commercial retail outlets, soft drinks, alcoholic beverages of any kind, party goods, lottery tickets, baked goods, tobacco products or hardware items.

h.

Any permanent structure to be constructed to accommodate the sale of farm produce pursuant to this Section must meet the standards of Section 2(f) of Act 230 of the Public Acts of 1972 as amended and conform with all Yard requirements of this Ordinance according to the zone of the parcel.

i.

If any off-street parking is installed by the proprietor in order to accommodate customers for the sale of products pursuant to this Section said parking area(s) must comply with the following:

(1)

Shall not be located no closer than seventy-five (75) feet from the centerline of a road or street upon which farm parcel is located. Said area shall be located no closer than one hundred ten (110) feet from the centerline of such road if the parking area is to be improved with hardsurfaced materials of any type.

(2)

If any area on the site is to be improved for parking through the use of aggregate materials site plan approval shall be required in accordance with Section 10.2402 of this Ordinance and further meet the requirements of Chapter 14 of the Macomb Township Code of Ordinances.

The purpose of this Section of the Ordinance is to ensure that (1) the Street System proposed for each Land Development provides for continuity in the public street system in the Township; (2) minimum standards are set forth to establish a degree of quality that will enhance and maintain property values; and (3) the rights of the present and future residents of the Township are protected. To accomplish this purpose the following rules will be in effect:

1.

Each development shall be provided with local street, collector streets, street connections, and/or street stubs at locations where the Township's Master Thoroughfare Plan requires them and/or where the Township Planning Commission deems them necessary.

2.

Hereafter, unless the Planning Commission determines that a local street may be "private", all streets shall be public (i.e., dedicated to the Macomb County Road Commission). The Planning Commission's standard for determining that a local street may be "private" are as follows:

a.

The street is not needed for continuity in the public street system;

b.

The street is located in a multi-family residential development, a commercial development, an industrial development, or a mobile home park district;

c.

The street provides public utility easements that are at least 60 feet wide for residential, 70 feet wide for commercial, industrial and other non-residential uses, centered on the street's roadway; and

d.

That any dead-end or cul-de-sac streets not exceed a length of 600 feet, as measured from the center of the intersecting street to the end of the cul-de-sac or dead-end street.

3.

For all roadways, the pavement thickness, width and cross-section shall be at least equal to the requirements adopted by the Macomb County Road Commission for the intended use.

4.

All residential developments, whether single family or multi-family, shall be served by concrete-paved roadways having a width (back to back of curbs) of 28 feet for local streets and a width of 36 feet for collector streets.

5.

All commercial and industrial developments shall be served by concrete-paved roadways having a width (back to back of curbs) of 36 feet.

6.

Where the Township Zoning Ordinance requires off-street parking, the parking areas shall be paved with either concrete pavement or a bituminous concrete pavement. Said parking areas and the pavement therefore shall be designed to meet the requirements of Chapter 14 of Macomb Township Code of Ordinances.

The development of all parcels in Macomb Township shall be predicated on having frontage on a public street, said frontage shall be in compliance with the provisions of this ordinance and any other applicable code or ordinance. Notwithstanding the above, land divisions may be permitted upon Cady Drive, Deneweth Drive, Ellynn Drive, Eshenburg Road, Hunt Drive, and Renata Drive provided that all resulting parcels shall meet all of the minimum requirements for area, width and depth of the applicable zoning district, Macomb County Health Department requirements for on-site sewage disposal systems or water supply, where a public water system is not available, and subject to the requirements of Article V of the Township Land Division Ordinance.

(Ord. No. 10-27, 2-23-05)

Any exterior audio-visual dish antenna or receiver being three (3) feet or larger in diameter, to be placed on a lot, parcel or building, shall be regulated as an accessory structure (building) in the applicable zoning district, and the location and height in the particular zoning district and according to the requirements of accessory buildings, Section 10.0331. Approval of such antennas is subject to the provisions of the Federal Communications Commission (FCC) and provisions of this ordinance with respect to yards, setbacks, heights, and distance from other structures.

No motor vehicle shall be parked or stored in any residential district unless it shall be in operating condition and currently licensed or located inside a building.

Parking and storage of recreational boats and/or recreational vehicles or trailers used for carrying such boats and recreational vehicles in residential districts.

No recreational boats or recreational vehicles such as, but not limited to, motor homes, cycles, off road type vehicles, ski-doos, wave runners, sleds, airplanes or gliders, or trailer or vehicles for carrying said boats and recreational vehicles, shall be permitted to be parked or stored in a private or public residential driveway for more than twenty-four (24) hours.

Further, storage, in excess of twenty-four (24) hours shall not be permitted in the front or side yards of residential lots or parcels.

No vehicle over 20,000 pounds gross vehicle weight (GVW) shall be allowed to be parked on a private or public street, drive or road in a residential area, where such parking causes a traffic hazard.

Storage in excess of twenty-four (24) hours shall not be permitted in the front or side yards of residential lots or parcels.

A.

Sidewalks. A five (5) foot wide concrete sidewalk shall be provided along both sides of all public and private roads and streets in all zoning districts. Additionally, all residential developments within the Township shall provide sidewalks along all private and public roads according to the requirements of Chapter 14 of the Macomb Township Code of Ordinances.

B.

Pedestrian pathway. An eight (8) foot wide asphalt pathway shall be required along both sides of all major roads as defined by the Township Master Thoroughfare Plan and according to the requirements of Chapter 14 of the Macomb Township Code of Ordinances.

(Ord. No. 10-8, § 1.2, 6-14-00)

Lighting in all use districts shall conform to the following requirements as to type, location and intensity.

1.

All exterior lighting shall be clearly shown on a site plan with appropriate symbols and labeling. Lighting and intensity and shielding details shall be noted for all exterior lighting.

2.

All outdoor lighting used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential property.

3.

All outdoor lighting shall be directed toward and confined to the ground area of lawns or parking lots.

4.

Lighting used for the external illumination of buildings, so as to feature the building, shall be placed and shielded so as not to interfere with the vision of persons traveling along the adjacent highway or the adjacent property.

5.

Artificial light shall be maintained stationary and constant in intensity and color at all times when in use. There shall be no flashing, oscillating, moving or intermittent type of lighting or illumination. In addition, there shall be no exposed bare bulb illumination of any kind exposed to public view.

6.

No lighting higher than fifteen (15) feet in height shall be located closer than seventy-five (75) feet to an adjoining residential zoning district. Light poles shall not exceed the height limits of the zoning district within which they are located.

7.

All lighting should be appropriate to the site and its surrounding in terms of style, scale and intensity of illumination. Low wattage systems are recommended, and all site lighting shall be shielded. All light fixtures or light standards must have deflectors or shields for positive cut-off of direct beams of light, or glare from bulbs or fixtures lenses, shining or casting light onto adjacent properties.

8.

The lighting of pedestrian walkways and plazas may include either shielded or exposed sources, but the height and intensity of the light shall be subdued.

9.

Flat lenses shall be required for soffit lighting fixtures.

No junk or waste materials, building materials, parts of motor vehicles, or parts of machines not generally suited for use on the premises shall be kept or stored outside a building or structure except as specifically permitted in the zoning district in which said structures are located.

Greenbelts shall be planted and maintained in a healthy growing condition by the owner of the property. It is noted that in the event greenbelt material dies it must be replaced with a similar plant of a size equal to the originally installed material. (See appendix for greenbelt specifications.)

No more than three (3) dogs or cats or combination of dogs and cats may be kept on any property. The resultant litters or births of pregnant pets, which result in the total number of pets to pass the allowable limit of three (3), may remain on said property for a period not to exceed six (6) months. After six (6) months, the number of pets must be reduced back to the allowable limit of three (3).

Whenever a wall is required by this Ordinance for screening or trash enclosures, such wall shall be a six (6) foot high decorative masonry wall constructed of brick, stone-textured poured concrete or brick-embossed poured concrete in accordance with the specifications provided by the Township Building Official. The wall shall be a minimum of six (6) inches thick and the height shall be measured from the highest grade on either side of the wall location. All walls are to be constructed with a cap, the angle of which shall be a minimum of 10 degrees to provide for positive drainage. The planning commission shall determine the type of masonry wall to be constructed at the public hearing pursuant to Sec. 10.2402. Further all walls must be constructed on a continuous foundation. Hung type walls (panels hung on channeled pillars) shall not be allowed.

(Ord. No. 10-29, § 1, 12-28-05; Ord. No. 10-51, § 1, 10-9-13)

1.

It is the intention of this section to provide special considerations to entrances designed to identify all development in Macomb Township. These developments shall include single family subdivisions, site condominium projects, condominium projects, mobile home parks, Planned Unit Developments (PUDs), apartment projects, office and commercial developments and industrial projects.

2.

These provisions shall apply to new subdivision plats, that are required by the provisions of the State Land Division Act and Chapter 14 of Township Code of Ordinances, to dedicate a twenty (20) foot landscape area along the borders of all subdivision that abut a major road, and to all other projects that are developed in Macomb Township. All features of the twenty (20) foot dedication, (and easements if not part of a recorded subdivision) including landscaping, decorative walls, signs, earth mounds and lighting become part of the twenty (20) area.

3.

Notwithstanding other provisions of this Ordinance, the following provisions apply to the development of the 20 (dedicated/easement) landscape areas as noted above.

a.

Setbacks of walls, signs and plants above twelve (12) feet in height from streets.

•

Local and collector streets: 15'

•

Major roads: 10'

•

Private drives: 15'

b.

A clear vision zone as measured by a line connecting points established by measuring twenty-five (25) feet along the property lines (or driveway line) as measured from their intersection at the street intersection, must be maintained with no planting or structures in this area to exceed a height of twelve (12).

In projects where a sign, walls, structures or plant materials are planned in boulevard islands they must be designed so as to meet all the standards of this provision and to maintain a ten (10) foot setback from the major road and a continuous ten (10) foot setback from any curb line. Further, if they are planned in a recorded subdivision or where there are public streets involved then they must be approved by the Macomb County Road Commission.

c.

Walls constructed within the twenty (20) foot dedicated landscaping easement shall not exceed a height of nine and one-half (9.5) feet, as measured from grade. Walls constructed under this sub-section do not require pointed caps.

d.

No sign shall be allowed to be installed with an area exceeding twenty (20) square feet or as otherwise allowed in office, commercial and industrial zones.

e.

No sign, either free standing or attached to a wall, shall exceed a height of five (5) feet or as otherwise allowed in office, commercial and industrial zones.

f.

All plant materials, structures and signs for the entire length of the twenty (20) feet landscaped area must be included on the site plan considered.

g.

All water lines, meters and irrigation lines must be indicated on the plan.

h.

An instrument must be recorded providing for the maintenance of the twenty (20) foot area and all plants and structures located within the area as noted in the site plan approved.

i.

If applicable, an illumination plan be submitted.

1.

Any lighting such as flood lights shall not create glare or reflection that would interfere with traffic or abutting properties.

2.

No flickering colored lights which may appear as traffic controls will be permitted.

j.

No stones or loose material will be permitted to be located within ten (10) feet of the curb or property lines.

k.

No temporary signs (such as garage sales, rentals, for sale etc.) will be allowed to be placed within the landscape area.

4.

Plans for any of the entrances to all developments, as outlined above, shall be made part of and apply to the overall site plan and or platting process of the property being developed.

5.

Specifics of these approvals shall be made part of the application process for platting or site plan approvals.

It is the intention of this section is to allow the same amount of residential development that is allowed in an entire given land area to be concentrated or clustered on a portion of the land to protect and preserve valuable land resources such as woodlands, fields, wildlife habitats, farmlands, scenic rural land features and recreational areas, subject to certain restrictions as set forth below:

a.

Land zoned R-1-S, R-1-E and R-1 pursuant to the Township Zoning Ordinance may be developed, at the option of the land owner, with the same number of dwelling units on a portion of the land specified in the Zoning Ordinance, but not more than fifty (50) percent that, as determined by the Township, could otherwise be developed under existing ordinances, laws, codes, rules, and planning documents on the entire land area, if all of the following apply:

1.

The land is zoned at a density equivalent to two (2) or fewer dwelling units per acre, or, if the land is served by public sewer systems, three (3) or fewer dwelling units per acre;

2.

Not less than fifty (50) percent of the land will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that run with the land;

3.

Development of the land does not depend on the extension of a public sewer or public water system, unless development of the land without the exercise of the option provided by this section, would also depend upon such an extension;

4.

The option provided pursuant to this section has not previously been exercised with respect to the land.

5.

The maximum number of units shall not exceed the density yield as required in subsection f.

b

The exercise of the option to develop the land under the Open Space Provisions of the Zoning Ordinance must be in writing in a form sufficient for recording, and must be recorded with the Macomb County Register of Deeds.

c.

The development of land under this section is subject to all applicable ordinances, codes, laws, rules, and planning documents including rules relating to suitability of ground water for on-site water supply for land not served by public water and rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.

d.

If the land owner exercises the option to develop the land pursuant to this section, the portion of land not developed will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

1.

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course, but may include a recreational trail, picnic area, children's play area, green way, or linear park. Land in an undeveloped state may be, but is not required to be dedicated to the use of the public.

2.

Greenway means a continuous or linear open space including habitats, wildlife corridors and trails, that link parks, natural reserves, cultural features, or historic sites with each other, for recreational and conservative purposes.

3.

Conservation easement means that term as defined in section 2140 of the Natural Resources and Environmental Protection Act, 1994 PA 451, being MCL 324.2140.

e.

Each residential lot or unit developed under this section must comply with the Township Zoning Ordinance provisions for the zoning classification applicable to the land; the Township Land Division Ordinance and all other planning documents, codes, laws, regulations, resolutions, etc. pertaining to the development of land.

f.

The land owner shall prepare and provide, as a prerequisite to review and approval under this Section, a density yield demonstrating the number of dwelling units or lots which could be developed on the land without exercising the Open Space Preservation provisions.

1.

The density yield shall be prepared for the zoning classification for which the Open Space Preservation option has been exercised.

2.

The density yield must comply with the Township Zoning Ordinance provisions applicable to the land; Township Land Division Ordinance; planning documents; codes; law; regulations; resolutions, etc.

3.

The density yield must be signed and sealed by a registered professional.

4.

Unbuildable natural features such as, but not limited to, drains, regulated wetlands, bodies of water, flood ways, etc., shall not be included in the density yield.

5.

The plan submitted to demonstrate a density shall be the form of a preliminary plat or site plan.

g.

Diversity and originality in parcel layouts shall be encouraged to achieve the best possible relationship between buildable and undeveloped land areas.

h.

Application and procedure for review and approval:

1.

Buildings, structures and parts thereof may be erected, altered or used and land may be used for the purposes of the Open Space Preservation Option as described in the above paragraphs subject to the Township site plan or land division requirements and procedures.

2.

A pre-application conference between the applicant, the site designer, and the Township to discuss the applicant's objectives of this section is required. Engineering, site plans or surveys, shall not be required for the pre-application conference. If necessary a site visit may be scheduled during the pre-application conference.

(Ord. No. 10-16, § 1.1, 11-13-02; Ord. No. 10-18, § 1, 4-28-04)

In all commercial, warehouse or industrial districts, where the respective zoning district line abuts and shares a common property line with parcel(s) AG, or any other residential zoning classifications, the building plan shall be subject to the following:

Except for required fire doors, any openings, including windows on a building elevation that face a residential zoning district shall have sound deadening devices installed, such as plastic strips, within the opening. The sound deadening method shall be approved by the planning commission as part of site plan review.

(Ord. No. 10-16, § 1.1, 11-13-02; Ord. No. 10-18, § 1, 4-28-04; Ord. No. 10-36, § 1, 1-10-07)

In the case of lots with frontage on streets with curved segments such as a cul-de-sac street or a street that contains an eye-brow there shall be a minimum frontage dimension as measured at the front lot line on a curve as follows: Fifty-five (55) feet in the R-1 District; Sixty (60) feet in the R-1-E District and Sixty-five (65) feet all other zoning districts including AG, Office, Commercial and Industrial Districts.

(Ord. No. 10-35, § 1, 12-13-06)

A.

Special Event as defined in Section 10.0202 must be clearly accessory or secondary to the principal uses or activities occurring within a permanent building on the same site.

B.

Special Event as defined in this Ordinance may be approved in any zone subject to the provisions herein. The approval/disapproval of any such Special Event is discretionary based on the nature of the request and the special demands said special event imposes on the site.

C.

An application must be filed with the Township Planning Department at least ten (10) days prior to the event that describes in detail the nature of the event. The application shall prescribe the information required for review by Township departments and consultants, including but not limited to required drawings, documents, costs to issue permits and cash bond.

D.

The event shall not cause disruption to the public including streets, walks or other rights of way and adjoining properties. Fire lanes must be maintained to the satisfaction of the Township Fire Marshal. Any temporary barriers placed on the site for the purpose of restricting or directing traffic flow on-site must be approved by the Fire Marshal, Building Official and the Township Engineer. Further, any special emergency lanes required by the Fire Marshal must be provided.

E.

The activities, instruments, or equipment that generate sound levels that may be a nuisance to surrounding properties shall be identified by the applicant in the "Application" submitted to the Township Planning Department. Any activities, equipment, or instruments deemed a nuisance by the Township Departments shall be prohibited or regulated. The Applicant will not use any equipment or instruments or conduct any activities at the Special Event to produce a sound level that is plainly audible at the property line between the hours or 11:00 p.m. and 7:00 a.m. during the Special Event without a separate approval from the Township Board.

F.

The Township Supervisor or person(s) designated by the Supervisor must approve or reject the application based on the reports and recommendations of the Township Departments.

G.

The applicant shall be responsible for restoring the site to its condition prior to the Special Event. Cleanup of site shall occur immediately following the completion of the Special Event. Cleanup shall include but not be limited to removal of all waste and debris generated by the event; removal of any signs, banners, temporary barriers or markers, tents, trailers portable/temporary seating, tables, dumpsters, and portable toilets.

H.

If the site has not been cleaned up and restored within two (2) days of the completion of the Special Event the Township may arrange for necessary cleanup and all charges for said cleanup paid for from the bond. If the bond is not sufficient a lien will be placed on the land with the parcel number listed on the application up to the amount of the difference between the cost of the cleanup and the bond posted.

I.

A Special Event may not occur for more than five (5) consecutive days unless extended by the Township Board.

J.

No more than four (4) special events up to twenty (20) days per calendar year may be permitted on any parcel of property with an assigned permanent parcel number. Further, there must be a minimum of twenty-eight (28) calendar days separating any Special Event from the preceding or succeeding special event.

K.

Signs. The size, type, locations and tenure of all signs to be used as part of the special event must be identified in the application and approved prior to installation. Removal of all said signs must be part of the clean-up process referenced in items G. and H. above.

L.

The applicant shall be responsible for any licenses or permits required by other governmental agencies including County of Macomb or State of Michigan. Evidence of any required license, permit, or certificates shall be included with the "Application for Special Event Approval."

(Ord. No. 10-38, § 1, 3-26-08; Ord. No. 10-60, § 1, 4-13-16)

A.

Any use of land regulated by this ordinance that involves Drive-through service as defined in Section 10.0202 must be approved by the Macomb Township Planning Commission subject to any regulations of this section specifically pertaining to the use or the Zoning District and further subject to the special land use permit review procedures of Section 10.2401 of this Ordinance.

B.

There shall be a lane provided on the site (stack-up lane) dedicated exclusively for the drive-through service window. The lane must be a minimum of nine (9) feet wide and shall not interfere with other traffic movements on the site.

C.

The stack-up lane shall provide a minimum of four (4) spaces for the storage of vehicles in the lane; with each space measuring twenty (20) feet in length unless otherwise provided for in this ordinance.

D.

There shall be a by-pass or escape lane with a minimum of ten (10) feet of width provided parallel to the stack-up lane.

E.

The Planning Commission shall make its decision on the site design issues relating to the location and length of the stack up and by-pass lanes based on reports from Township Departments.

F.

The Planning Commission shall make a determination if sound and lighting resulting from the drive-through service pick-up windows, call boxes or stack-up lanes affect adjoining properties. The Planning Commission may require lighting and sound data to be part of the application process and incorporate reports from Township Departments into the Planning Commission's decision.

(Ord. No. 10-38, § 1, 3-26-08)

It is the intention of this section to provide consideration to landscape plans required pursuant to subsection 10.2402-B-6 of this [zoning] ordinance and Section 17-162 of the Land Division Ordinance. Any such landscape plan must be prepared and submitted in accordance with the standards as noted in the following paragraphs:

A.

A complete landscape plan shall be prepared and sealed by a registered landscape architect licensed by the state of Michigan to prepare such plan. The plan must be drawn to scale, dimensioned and labeled to explain all features, and must include two (2) separate detail sheets as follows:

1.

A planting plan must be drawn to a minimum (engineer) scale of one (1) inch equals thirty (30) feet. The plan must be dimensioned to show the finished grades. The topography including berms, drainage, the location of all trees and shrubs including their spacing and size, signs, lighting and other landscape features of all areas where landscape elements are to be part of the plan. The scaled drawing must show all plants on the landscape plan to represent their true size at the time of installation, as well as the projected size of plants, drawn to scale, at maturity.

2.

A scaled structure and improvement plan must show the landscape areas in relationship to the structures built on the subject parcel, the sidewalks, catch basins, slopes, watering systems, underground utility lines, and easements. The structure plan must be drawn to scale and include dimensions, in plan and elevation view, for all structures located within landscape area.

3.

The planting plan must show a complete plant list with the number, size, genus and species of each plant noted. Although a specific number of plants are not required, the number of trees and shrubs planted must effectively screen residential areas from incompatible features and land uses.

4.

An ample variety and quantity of ornamental plants, trees and shrubs should be used in the plan. Some dominant types are usually chosen with subordinate types interspersed for accent. Repeating certain types creates unity, but no types should be overused. Variety should be achieved with respect to seasonal changes, species selected, texture, color and size at maturity.

5.

The planting plan must also indicate the planting and staking details of all plantings to be installed. Further, all plant materials used in the plan shall be of acceptable varieties and species shall be hardy in Macomb County, shall conform to standards of the American Association of Nurserymen, and shall have passed any inspections required under state regulations. All plants must be planted in fertile soil.

6.

The following plant materials are specifically prohibited for use in any plan considered under provisions of these regulations: ash, boxelder, soft maple, elm, poplar, willow, nut bearing horse chestnut, tree of heaven, catalpa, fruit bearing trees, all thorned trees and shrubs, gooseberry and cottonwood.

7.

The acceptable size of the plant materials used in the plan must meet or exceed the sizes listed in of the following charts:

8.

Any dedicated landscape area and all common areas upon which the parcel has frontage, except for regulated wetlands or defined natural areas, must be sodded with pregrown grass seed and irrigated, as noted in subsection 9. below, and placed to enhance the tree and shrub installation.

Common areas shall include any unpaved portions of public rights-of-way, unpaved portions of required setbacks, parks, greenbelts, access easements, parking lot islands, basin areas and/or other areas not intended for immediate development but planned to be developed as a unit or portion of the site.

9.

Except as noted herein; all areas that require sod must be provided with a watering system that is separately metered and utilized to provide the plants with scheduled watering to maintain the landscaping in a health growing condition. Adequate drainage must be provided per township engineering standards. Development of stormwater facilities, including plantings, slopes, drainage and irrigation shall be reviewed and approved by the municipal engineer.

10.

All signs and landscape features such as walls, light standards or fixtures, kiosks and/or other ornamental structures such as gazebos and arches must be shown on the plan and constructed in accordance with township standards, including section 10.0345 of the zoning ordinance, chapter 10 of this Code.

11.

The construction of any feature of the plan must not encroach into any required easements.

12.

The restrictive covenants of the subdivision for plats or the master deed for condominiums must make provision for the responsibility and maintenance of the dedicated landscape area.

13.

The location of all landscaping must respect the property lines of each lot or unit.

14.

Landscape plans shall be designed so as not to impede or trap drainage. Berms shall not be used adjacent to screening walls or other berms unless appropriate measures for drainage are provided and shown on the landscape plan.

15.

Notwithstanding other provisions of this ordinance, the following provisions apply to all landscape plans submitted as required by this ordinance:

a)

A clear vision zone as measured by a line connection points established by measuring twenty-five (25) feet along the property lines (or driveway line) as measured from their intersection at the street intersection must be maintained with no planting or structures in this area to exceed a height of twelve (12) inches.

b)

A clear vision zone as described in Section 10.0313 of this ordinance shall apply to all areas on the parcel at all intersection drives or maneuvering lanes within off-street parking areas

c)

All water lines, meters and irrigation lines must be indicated on the landscape plan.

d)

No loose material shall be permitted closer than forty-two (42) inches from a face of a curb surrounding any paved parking areas including drives, maneuvering lanes and landscape islands. Loose material includes wood chips, shredded bark, stones less than three (3) inches in diameter, gravel or any other mulch material.

e)

The plan must be prepared and sealed by a registered landscape architect. A landscape architect shall prior to the release of the site plan and/or landscape bond(s) posted relative to subject parcel, certify that the plant materials and site features as noted in the landscape plan submitted for review and approved by the Planning Commission have been installed in accordance with said landscape plan.

(Ord. No. 10-38, § 1, 3-26-08)

The following regulations shall apply to all housing for older persons developments as defined in Article II of this Ordinance.

Housing for Older Persons shall be permitted as a special land use in R-2-L, R-2, R-2-H, CF, or MTC districts subject to procedures of Section 10.2401 of this ordinance except that the Township Board shall exercise approval authority following receipt of a recommendation from the Planning Commission based on the standards set froth in Section 10.2401-B-5-a-(1-8) and the following specific set of standards in paragraphs A—L below:

A.

Required Frontage on Major Road. The proposed site shall have at least one (1) property line abutting a major thoroughfare of at least one hundred twenty (120) feet of right-of-way width, existing or proposed in the Macomb Township Master Thoroughfare Plan. All vehicular ingress and egress shall be directly from a major thoroughfare.

B.

Maximum Density. The maximum density shall be fifteen (15) independent living units per acre. However, the calculation of maximum density shall not include any assisted living units, nursing home units or medical beds that may be contained with the "Housing for Older Persons" development.

C.

Requires Minimum Usable Floor Area in Square Feet Per Dwelling Unit.

1.

Independent Living Units: Efficiency/studio and one-bedroom dwelling unit: six hundred fifty (650) square feet; Two-bedroom dwelling unit: eight hundred fifty (850) square feet.

2.

Assisted Living Units: A minimum of three hundred fifty (350) square feet including a separate full bathroom, closet and visitation area shall be provided for each unit. In every unit with a separate bedroom, each bedroom shall contain a minimum of one hundred ten (110) square feet. However, no more than two (2) bedrooms shall be provided. Further, neither kitchen nor cooking facilities shall be permitted, except that one microwave, one hot plate and a refrigerator limited to five (5) cubic feet would be permitted.

D.

Minimum Yard Setback.

1.

Front and street-side setbacks for both buildings and parking areas shall be maintained in accordance with the following dimensions as measured from the center line of the street upon which the property is located. For reference, the street or road definitions are those defined in the Macomb Township Master Thoroughfare Plan.

In the case of M-59 (Hall Road) and Gratiot Avenue, setbacks shall be seventy (70) feet as measured from the right-of-way line as established by the Michigan Department of Transportation.

2.

Side yard: Minimum setback - Fifty (50) feet. If the side yard abuts any residential district, the primary building(s) shall be setback no less than 1.50 the height of the primary structure nearest the property line.

3.

Rear yard: Minimum setback - Fifty (50) feet. If the rear yard abuts any residential district, the primary building(s) shall be setback no less than 1.50 × the height of the primary structure nearest the property line.

E.

Open Space. A minimum of fifty (50) percent of the total land area, exclusive of public road right-of-way shall be maintained as landscaped open space. Landscape open space may include all open areas within the subject parcel except for any of the following: areas paved for parking, drives, or maneuvering lanes, fire lanes, building footprints, and the areas between the centerline of the public street and the future right-of-way lines. Any indoor area on the first floor that opens onto a courtyard approved as part of the plan that is exclusive of corridors; contains a minimum of two thousand four hundred (2,400) square feet used for activity/gathering purposes not limited to fountains, permanent seating, raised beds for gardens and other interior features set aside for residents and guests to socialize or rest; may however, be computed as part of the required open space.

F.

Building Facade and Length. Given that the buildings are to provide housing for "Older persons" and that such buildings are to be found primarily in residential districts, the structures built as part of any development considered under this Section shall present an image of being residential in nature with respect to the architecture of building facades, the composition and use of exterior wall surface materials and the length of the buildings. Any structure greater than one hundred (100) feet in length shall provide for variations in the outside building facade and roof line to meet the following minimum standards:

1.

All exterior walls and surface materials shall be durable exterior rated.

2.

The type and maximum percentage of said materials shall be as follows:

(a)

Masonry 4-inch brick veneer - 100%

(b)

Stone - 100%

(c)

Metal panelized veneer - 20%

(d)

EIFS (synthetic stucco) - 20%

(e)

Siding, either cement fiber, vinyl or composite PVC - 20%

3.

Exterior wall facade shall not maintain the same approved surface material for a span of more than sixty (60) feet without an offset and transition in surface materials. The offset and transition must include one or a combination of the following options:

(a)

Change to another approved exterior surface material.

(b)

Offset in the building elevation of a minimum of three (3) feet in depth. If the building exceeds three hundred (300) feet in length, a horizontal building face offset of at least thirty (30) feet in depth must also be provided.

(c)

Exterior Chimneys.

(d)

Bay windows.

(e)

Architectural Quoins.

4.

Roof lines shall provide for variation through the use of gable roof offsets at the eave line as well as in the roof slope or tympana set into the roof line at the eave.

5.

No portion of a building face shall exceed six hundred (600) feet in length.

G.

Screening Requirements.

Greenbelt: There shall be provided within any parcel to be developed for housing for older persons housing between any building or off-street parking lot and any adjoining street or parcel, a landscaped area in accordance with the following:

1.

A 75-foot greenbelt shall be provided in any yard adjacent to a residential district. If the adjoining parcel contains a public use such as a library, museum, administrative office, police or fire department facility, church or place of religious worship, parochial and other private elementary, intermediate and/or high school offering courses in general education, college university, and other institution of higher learning, public and private, offering courses in general, technical or religious education, public utility sub-station, telephone exchange building, gas regulator station or transformer, or recreation areas and public or private parks, a 25-foot greenbelt shall be provided.

2.

A 50-foot wide greenbelt shall be provided adjacent to a non-residential district.

3.

Greenbelts shall be landscaped in accordance with an approved plan. The landscape plan shall be submitted for review in accordance with Section 10.0351 of the zoning ordinance.

H.

Parking Requirements. For any housing of older persons development, there shall be a minimum number of parking spaces in accordance with the type of housing or combination of housing provided as follows:

1.

Independent Housing: up to one and one-quarter (1.25) spaces per housing unit including spaces for visitors and employees. The number of improved spaces shall be determined by the Township Board. If less than one and one-quarter (1.25) spaces per housing unit are to be improved as party of the approval, the required balance shall be set aside in open space separate from the required open space as provided above in paragraph E. If the Township Board determines, based on reports from the building official or fire marshal that additional space is necessary for public safety, then the applicant shall be required to develop additional spaces up to the one and one-quarter (1.25) per unit maximum.

2.

Assisted Living: One (1) space per living unit for the first one hundred (100) units; thereafter, one-quarter (.25) spaces per bed shall be provided.

3.

Skilled Nursing Facility: One (1) space per bed for the first one hundred (100) units; thereafter one-quarter (.25) spaces per bed shall be provided.

I.

Accessory Uses.

1.

Medical offices or office space within the primary structure for visiting doctors, nurses, dentists, therapists, or other medical care professionals to care for residents only.

2.

Floor space up to one thousand five hundred (1,500) square feet may be made available for the sale of apothecary, medical supplies, or personal needs items to serve the needs of residents only.

3.

Access to any such offices or sales areas shall only be from within buildings intended for use as "Independent Housing", "Assisted Living", or "Skilled Nursing". There shall be no separate access to the outside except for emergency doors.

4.

There shall be no signs permitted either on a wall sign or ground sign relating to the medical services, apothecary, personal needs or medical supplies.

J.

In No Case Shall Any Living Unit Within the Development Contain More than Two (2) Bedrooms.

K.

All Living Units Shall Be Provided with Wheelchair Accessible Compartments for Water Closets and Toilet Compartments, Shower Compartments, Sinks Within Bathrooms, Floor Surfaces in All Rooms, Changes in Level in Floor Surfaces and All Door Widths Pursuant to the "Accessible and Usable Buildings and Facilities" Manual Published by the American National Standards Institute, Inc. 2003, as Amended.

L.

Building Height. The maximum height of any building within a "Housing for Older Persons" development shall be eighty-five (85) feet.

M.

In the Event of a Conflict Between the Following Regulations and Those of the R-2-L, R-2, R-2-H, CF or MTC District, the Regulations Set Forth in Section 10.0352 (A-L) Shall Apply.

(Ord. No. 10-39, § 1, 6-24-09; Ord. No. 10-42, § 1, 5-26-10)

Uses that are contrary to federal law, state law, or local ordinance are prohibited.

(Ord. No. 10-46, § 1, 4-11-12)

Central air condition units and other exterior equipment such as, but not limited to pool filters/ heaters, generators, heat pumps, and water pumps shall be located behind the rear wall of the principal structure. In a case where a non-financial practical difficulty exists which prevents the equipment from being located in a rear yard, the equipment may be located in a side yard. The Township Building Official shall make the determination of whether a practical difficulty exists which prevents a rear yard location. If located in a side yard such equipment shall be screened with either fencing or landscaping and shall be set back a minimum of three and one-half (3.5) feet from the side lot line. Installation of any such equipment shall comply with all applicable provisions of this ordinance and the current building code.

(Ord. No. 10-49, § 1, 10-9-13; Ord. No. 10-61, § 1, 2-8-17)

A.

The owner and/or occupant of any one- or two-family residence may conduct up to four (4) garage, moving, lawn, attic, rummage, estate, yard, backyard, front yard, patio, porch, basement and/or similar sales per calendar year.

B.

Each sale shall be for a period not to exceed four (4) consecutive days.

C.

No two (2) sales from a residence shall take place within forty-five (45) days of each other.

D.

Such sales shall be permitted to operate only between the hours of 8:00 a.m.—8:00 p.m..

E.

Temporary signage for said sale(s) shall be as permitted on private properties (with the owner's permission) for the duration of the sale only. Such signage shall not exceed six (6) square feet in sign area and shall not exceed four (4) feet in height.

F.

The individual or individuals operating a garage sale and the owner or tenant of the property upon which the garage sale is conducted shall not permit:

1.

Any loud or boisterous conduct on the premises,

2.

Vehicles to impede the passage of traffic on any road or street in the area of the premises.

3.

Vehicles to impede access to driveways or mailboxes.

(Ord. No. 10-54, § 1, 2-26-14)

A.

Covered patios, gazebos, pergolas, pavilions, and similar type "open-air" structures shall be permitted on single-family residential lots, units or parcels for accessory recreation or leisure use provided they meet the following requirements:

1.

The "open-air" structures shall not be enclosed or partially enclosed with walls.

2.

The structures shall be located in a manner to meet the required setbacks and locations for a patio or deck as cited in Section 10.0311.E.f.2, however, shall not be required a separation distance from the principal structure or swimming pool.

3.

The structures shall not exceed twelve (12) feet in height.

4.

The structures shall not be counted towards the allowance for accessory building area or towards the number of accessory buildings permitted. The coverage of the structures shall be counted towards the "Maximum Lot Coverage" ratio.

(Ord. No. 10-63, § 2, 9-13-17)

Nursery schools, day care centers and similar uses shall be permitted for special land use consideration by the Planning Commission exclusively within the O-1, C-1 and C-2 Zoning Districts, subject to the following requirements and subject to all applicable special land use standards specified in this Ordinance:

1.

The use shall be screened from existing or zoned adjacent residential properties by a six (6) foot high masonry wall and a landscape buffer.

2.

The lot shall be provided with an outdoor play area with a minimum of three thousand (3,000) square feet or one hundred (100) square feet per child at maximum capacity, whichever is greater. Said play area shall be defined on the required site plan and fenced. Landscaping shall be provided to improve site aesthetics.

3.

The outdoor play area shall be setback a minimum of twenty-five (25) feet from all property lines. In instances where the outdoor play area is in a yard abutting residential uses or a residential zone, the Planning Commission may increase the setback to address potential noise impacts.

4.

All plans shall detail adequate and safe drop-off and pick-up areas.

(Ord. No. 10-65, § 1, 7-11-18)

A.

Building requirements.

1.

Stand-alone building. A boarding facility located in a stand-alone building cannot exceed the noise emission level as established by Article III, Noise Control Ordinance.

2.

Multiple-tenant building. A facility sharing a common interior wall with an adjacent tenant cannot exceed the noise emission level as established by Article III, Noise Control Ordinance.

3.

All operations shall be conducted completely within an enclosed building. Outdoor pens and runs may be allowed only when the site is located adjacent to parcels zoned M-1, M-2, C-4 and FLX and shall not be located adjacent to any residential zoning district or use.

4.

The areas within a building where animals are boarded shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to surrounding properties as determined by the building department.

5.

Any pets boarded overnight shall be confined to the building from the hours of 7:00 p.m. to 6:30 a.m.

6.

An indoor exercise area with a minimum area of three hundred (300) square feet shall be available to any dog kept in the facility for longer than twenty-four (24) hours.

B.

Outdoor run or exercise area.

1.

Outdoor runs shall be completely enclosed by an eight-foot opaque fence or wall and shall not be visible from a public road.

2.

The minimum size shall be two thousand (2,000) square feet, inclusive of all separate dog runs, and there shall be no more than ten (10) dogs in the run at any given time.

3.

Outdoor runs shall be human supervised at any time that one (1) or more dogs are in the run.

4.

An outdoor run or exercise shall not be located in a front yard, in a required side or rear yard setback area, and shall be located at least one hundred (100) feet from any residential dwelling or public building.

(Ord. No. 10-74, § 1, 3-27-24)