Meridian Charter Township
City Zoning Code
City Zoning Code
ARTICLE V
Supplementary Regulations
§ 86-461 Prior building permits.
[Code 1974, § 83-1.1]
Any building permit issued prior to the effective date of this chapter shall be valid, even though not conforming to the provisions of this chapter; provided, that construction is commenced within 90 days after the date of permit issuance, that construction is carried on diligently and without interruption for a continuous period in excess of 30 days, and that the entire building shall have been completed according to the plans filed with the permit application within two years after the issuance of the building permit.
§ 86-462 Access to a street.
[Code 1974, § 83-1.2]
Any one lot of record created before the effective date of this chapter without any frontage on a street shall not be occupied without access to a street provided by an easement or other right-of-way no less than 20 feet wide. No more than one lot may be served by such an access route.
§ 86-463 Rear dwelling prohibited.
[Code 1974, § 83-1.3]
No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchmen, caretakers, and domestic employees whose employment functions are related to the functions of the principal building, provided that all requirements of this chapter are satisfied.
§ 86-464 Manufactured homes.
[Code 1974, § 83-1.4]
Any manufactured home which does not conform to the standards of Subsection 86-368(b)(1) shall not be occupied as a dwelling within the Township unless located within an approved and licensed mobile home park.
Cross reference: Manufactured homes and trailers, ch. 42. |
§ 86-465 Unsafe buildings.
[Code 1974, § 83-1.5]
Nothing in this chapter shall prevent compliance with an order by an appropriate authority to correct, improve, strengthen, or restore to a safe condition any building or any part of a building declared to be unsafe.
§ 86-466 Building grades.
[Code 1974, § 83-1.6]
The finished surface of ground areas outside the walls of any building constructed or altered shall be so designed that surface water shall flow away from the building walls in such a direction and collection that inconvenience or damage to adjacent properties shall be avoided. All finished ground grades shall be subject to the approval of the Chief Building Inspector.
Cross reference: Buildings and building regulations, ch. 14. |
§ 86-467 Required water supply and sanitary sewerage facilities.
[Code 1974, § 83-1.7]
No structure for human occupancy shall after the effective date of this chapter be erected, altered, or moved upon any lot or premises and used in whole or in part for dwelling, business, industrial, or recreational purposes unless it shall be provided with a safe, sanitary, and potable water supply and with a safe and effective means of collection, treatment, and disposal of human excreta and domestic, commercial, and industrial wastes. All such installations and facilities shall conform with the minimum requirements as set forth by the county Health Department, the state Health Department, and the subdivision regulations (Chapter 62), state construction code adopted herein by reference, and the sewer ordinance (Chapter 78, Article III) of the Township. In no event shall an open well be permitted for a source of water nor shall privies or cesspools be permitted as means for disposal of human sewage.
Cross reference: Utilities, ch. 78. |
§ 86-468 Relocation of existing buildings and structures on parcels or lots in the Township.
[Code 1974, § 83-1.8]
No existing building or other structure within or from outside of the Township shall be relocated upon any parcel or lot located in the Township, unless the building design and construction are compatible with the general architectural design and construction of buildings or other structures presently located in the immediate area of the zoning district and construction are in conformity with the state construction code adopted by the Township and unless the building or structure can be located upon the parcel or lot and conform to the other requirements of the zoning district in which the parcel or lot is located, as determined by the Chief Building Inspector. This shall not be deemed to restrict houses of modular construction which meet the standards of the state construction code, as amended and adopted by the Township, and which are constructed away from the site and brought to the site to be erected.
Cross reference: Buildings and building regulations, ch. 14. |
§ 86-469 Access to commercial, research park and industrial districts.
[Code 1974, § 83-1.9; Ord. No. 2004-06, 9-5-2004]
§ 86-470 Lots along railroad rights-of-way.
[Code 1974, § 83-1.10]
Any lot created or recorded after May 9, 1988, that is adjacent to or along a railroad right-of-way shall not be used for any residential purpose unless it has a depth of at least 250 feet. In no case shall any dwelling unit be located closer than 175 feet from a railroad right-of-way.
§ 86-471 Setbacks from water features.
[Code 1974, § 83-1.11; Ord. No. 2007-12, 10-28-2007]
Generally. Recognizing the special conditions and relationships in transition areas between water features and developed areas, minimum setbacks are hereby established to prevent degradation of the water features of the Township, provide protection during high-water episodes in floodprone areas, and preserve the aesthetic values of water features. This regulation is based on the police power, for the protection of the public health, safety and welfare, including the authority granted in the Michigan Zoning Enabling Act PA 110 of 2006 (MCL § 125.3101 et seq.).
Structure and grading setbacks. All structures and grading activities shall be setback from the edge of a water feature as follows:
Wetlands regulated by the Township, the state, or by federal law equal to or greater than one-quarter acre in area but less than two acres in area: 20 feet. The Township may require the applicant to have the precise boundary of the wetland in question delineated in accordance with Chapter 22, Article IV of this Code.
The Red Cedar River: 50 feet, as measured from the ordinary high-water mark on the side of the river where the structure is to be located or grading activity is to occur.
Open county drains or creeks: 50 feet, as measured from the top of the bank on the side of the drain where the structure is to be located or grading activity is to occur.
Lakes equal to or greater than two acres in area: 40 feet, as measured from the ordinary high-water mark.
Lakes equal to or greater than one-quarter acre in area but less than two acres in area: 20 feet, as measured from the ordinary high-water mark.
Natural vegetation strip. To minimize erosion, stabilize streambanks and wetland edges, protect water quality, and preserve fish and wildlife habitat, a natural vegetation strip shall be maintained from the edge of a water feature as follows:
The Red Cedar River: 25 feet, as measured from the abutting ordinary high-water mark.
Open county drains or creeks: 25 feet, as measured from the top of the abutting bank.
Lakes: 20 feet, as measured from the ordinary high-water mark.
Existing soil and organic matter shall not be altered or disturbed within the natural vegetation strip.
Natural ground cover shall be preserved to the fullest extent feasible, and where removed shall be replaced with other naturally occurring vegetation that is equally effective in retarding runoff and preventing erosion.
A lawn shall not be considered a natural vegetation strip.
Application of organic or synthetic pesticides, fertilizers, or other chemicals shall not be permitted in the natural vegetation strip.
Planting of perennial native species in the natural vegetation strip is encouraged, especially where exposed soil and steep slopes exist and in reforestation efforts.
Within the natural vegetation strip, trees, shrubs, and ground cover may be selectively pruned or removed to provide reasonable private access or views to water features, to remove potentially hazardous or nuisance exotic vegetation, and to improve or protect wildlife habitat. Such pruning and removal activities are subject to the following:
Exceptions. The following exceptions shall apply to this section. All uses that fall within such exceptions must comply with all other requirements and standards of this chapter and all other applicable regulations and laws.
Subsection (b) of this section shall not apply to the following:
Plats that have received Township preliminary or final approval prior to September 2, 1991.
Site plans and condominium plans that have received final approval prior to September 2, 1991.
Unplatted lots under two acres in area, created prior to September 2, 1991, on which an occupiable building is located for which a building permit was issued prior to September 2, 1991.
For plats that have received Township preliminary or final approval between September 2, 1991, and the effective date of this division, for site plans and condominium plans that have received final approval between September 2, 1991, and the effective date of this division, and for unplatted lots under two acres in area created between September 2, 1991, and the effective date of this division on which an occupiable building is located for which a building permit was issued between September 2,1991, and the effective date of this division, the requirements of subsection (b) of this section shall be modified to provide that when a forty-foot setback is required, decks, porches, and patios may project a maximum of 10 feet into the required setback.
The limitations as to grading activities in subsections (b) and (c) of this section shall not apply to the following:
Plats that have received preliminary or final approval prior to the effective date of this division, including littoral rights running with platted lots.
Site plans and condominium plans that receive final approval prior to the effective date of this division.
Unplatted lots under two acres in area, created prior to the effective date of this division, on which an occupiable building is located for which a building permit was issued prior to the effective date of this division, including littoral rights running with unplatted lots.
The limitations as to grading activities in subsections (b) and (c) of this section shall not apply to grading activities required by the Township Engineer under the Township's land development ordinances and regulations.
Bridges, docks, piers, sea walls, or wharves, incidental to the permitted uses of the zoning district in which a protected water feature is located are exempt from the water feature setback.
Structures that do not require a permit from the Township incidental to the permitted uses of the zoning district in which the protected water feature is located are exempt from the water feature setback.
County drain commission normal activities including, but not limited to, drain cleaning, dredging, depositing, and grading of dredge spoils are exempt from the water feature setback. The adverse effect on the natural vegetation strip shall be minimized.
Landscaping and lawn maintenance incidental to the principal use are permitted in the water feature setback, excluding the natural vegetation strip.
Other activities are exempt from the water feature setback to the extent the Township is prohibited from regulating by its ordinances or other laws.
Subsections (b)(1), (2), and (c)(1) of this section shall not apply to any driveway, pathway, or sidewalk less than or equal to 12 feet in width and/or utilities that have been granted a permit to pass through a state department of environmental quality (MDEQ) or Township-regulated wetland. The exception shall apply only to the areas of the setback and natural vegetation strip which the driveway, pathway, sidewalk and/or utilities must pass through as it enters and/or exits the wetland. All conditions of the MDEQ or Township permit shall be met.
§ 86-472 Buildings greater than 25,000 square feet in gross floor area.
[Code 1974, § 83-1.12]
Notwithstanding any other provision of this chapter, any building or group of buildings with a combined gross floor area greater than 25,000 square feet and located on a lot shall require a special use permit in accordance with Article II, Division 4 of this chapter, regardless of the use or uses or the zoning district in which the building or buildings are located, as provided by § 86-658.
§ 86-473 Street trees.
[Code 1974, § 83-1.14; Ord. No. 2008-10, 7-20-2008; amended 2-16-2016 by Ord. No. 2016-04]
The purpose of this section is to protect, preserve and provide trees along and near streets within the Township; to provide for public health, safety, and general welfare gained from the visual aesthetics, air purification, and traffic-calming benefits of trees; to promote and retain the Township's natural beauty; and to identify, address, mitigate and resolve concerns regarding trees during the design phase of projects.
New street trees. New street trees shall be planted as part of any nonresidential or multiple-family developments, planned unit developments (PUD), mixed-use planned unit developments (MUPUD), and commercial planned unit developments (CPUD), using the following minimum standards:
Location of new street trees shall be determined by street classifications found in § 86-367.
Arterial streets. New street trees shall be planted in a manner determined appropriate by the Director of Community Planning and Development with input from the Ingham County Road Department and the Michigan Department of Transportation, as applicable.
Collector and local streets. Street trees shall be planted between the curbline and edge of pavement and the right-of-way line of the street, provided sight visibility shall be maintained in a manner consistent with § 86-474. The Director of Community Planning and Development with input from the Ingham County Road Department or Michigan Department of Transportation, as applicable, shall determine the appropriateness of the final location of proposed street trees.
In those cases where a street tree is planted less than five feet from the curbline or a sidewalk/pathway, materials shall be installed with the tree(s) which prevent heaving by deflecting the roots away from growing directly under the curb, street or sidewalk/pathway.
Tree size. New street trees shall be at least two inches in caliper when planted. Any tree which dies within two years after planting shall be replaced by the developer.
Existing trees. In an effort to preserve viable existing trees and in lieu of planting new street trees, existing trees located in the right-of-way of all street classifications may be preserved and used as street trees subject to the approval of the Director of Community Planning and Development with input from the Ingham County Road Department or Michigan Department of Transportation, as applicable. The following minimum standards shall be utilized for all existing trees located within the right-of-way:
Existing trees shall be identified by species and diameter at breast height (dbh) on plans submitted with applications for special use permits, planned unit developments (PUD), mixed-use planned unit developments (MUPUD), commercial planned unit developments (CPUD), and site plans if one or both of the following are proposed:
An applicant proposes to retain an existing street tree in lieu of planting a new tree.
An applicant proposes to remove one or more existing street trees located in the right-of-way abutting a development site and demonstrates the lack of feasible or prudent alternatives without causing undue hardship.
Evaluation of existing street trees for either substitution for a new street tree or for preservation shall be based on the following criteria: desirability of the existing tree's species, form, size, age, location and physical condition.
The preservation of individual existing trees meeting the criteria above should have priority over the design and location of proposed streets, access drives, and infrastructure when there are other practical alternatives to removing the tree(s).
The Township may impose conditions on the method and extent of the proposed activities in the right-of-way, as necessary, to ensure they will be conducted in a manner which will minimize damage, encroachment, or interference with the health and well-being of the tree(s).
Tree protection measures identified in § 22-179 of the Code of Ordinances may be required to assure the health and well-being of each existing tree to be preserved. Activities should not be conducted within the drip line of the tree, including but not limited to placing solvents, material, machinery, vehicles, or soil.
One replacement deciduous tree shall be planted for each preserved existing tree that dies within two years after completion of the project. Tree species and planting locations are subject to the approval of the Director of Community Planning and Development. Trees shall be a minimum of two inches in diameter.
Cross reference: Vegetation, ch. 82. |
§ 86-474 Sight triangle.
[Ord. No. 2006-06, 11-26-2006]
The following sight triangle standards shall apply to all zoning districts:
Street intersections. No plant material, berm, fence, wall screen, sign, or other structure shall obstruct the visibility of motorists, pedestrians, or cyclists within a sight triangle at street intersections between the height(s) of three feet and 10 feet, as measured from the back of the curb or edge of the pavement. The sight triangle shall be formed by measuring 45 feet in each direction from the intersection of the back of curb or edge of asphalt of each street and connecting the two points (See Figure 1).
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Intersection of a driveway and street. No plant material, berm, fence, wall screen, sign, or other structure shall obstruct the visibility of motorists, pedestrians, or cyclists within a sight triangle at street and driveway intersections between the height(s) of three feet and 10 feet, as measured from the back of the curb or edge of the pavement. The sight triangle shall be formed by measuring 35 feet along the back of curb or edge of asphalt of the street and edge of the driveway from the intersection of the driveway and then connecting the two points (See Figure 2).
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§ 86-475 Lake access.
[Ord. No. 2008-03, 3-16-2008]
Generally. The intent of this section is to protect the public health, safety, and general welfare of Meridian Township and its citizens by promoting the integrity, quality, safe use, and ecological balance of Lake Lansing by avoiding overuse of the lake and limiting the number of access points based on existing land use patterns around Lake Lansing.
Nothing in this section shall be construed to limit access of the general public to Lake Lansing through use of a public park or public access site provided by the Township, county, or state.
Recorded lots, parcels, sites, and easements held in common by a subdivision, condominium, association, similar agency, or group of individuals which abuts Lake Lansing and provided ingress and egress to Lake Lansing by pedestrian or vehicular traffic from offshore land, prior to the effective date of this section may continue to provide the same right of ingress and egress, subject to the marina operating permit requirements of the Michigan Department of Environmental Quality (MDEQ).
Requirements.
A lot, parcel, site, or easement which is held in common by a subdivision, condominium, association, similar agency or group of individuals and abuts Lake Lansing, and either, did not provide ingress and egress to Lake Lansing by pedestrian and vehicular traffic from offshore land prior to enactment of this section or was created after this section, may not be used as lake access property and provide ingress and egress to Lake Lansing by pedestrian or vehicular traffic from offshore land unless the following requirements are met:
Lake access property as defined in § 86-2 shall contain a minimum of 65 feet of continuous shoreline for each dwelling unit to which ingress and egress to the lake has been extended or dedicated. The shoreline shall be measured by a straight line which intersects each side lot line at the ordinary high water mark of Lake Lansing.
Lake access property as defined in § 86-2 shall not abut a man-made canal or channel on Lake Lansing. Canals or channels shall not be excavated for the purpose of increasing the shoreline required by this section.
Lake access property as defined in § 86-2 shall not also be used for residential purposes, for constructing a dwelling, for accessory structure(s), or for any nonresidential use.
No dock, raft, or similar equipment shall be placed in Lake Lansing by use of lake access property as defined in § 86-2.
No watercraft shall be moored or docked in Lake Lansing adjacent to lake access property.
Public easement.
The use of a public easement to Lake Lansing solely for pedestrian purposes shall be subject to the following:
§ 86-476 Temporary storage.
[Added 8-4-2022 by Ord. No. 2022-12]
Purpose. The purpose of this section is to regulate the use of temporary container units and PODS® within the Township.
No temporary container unit or PODS® are permitted without written approval of the Community Planning and Development Director. In any case, all temporary container units and PODS® are required to comply with the provisions of this section.
Temporary container units and PODS® are permitted to be on a property for a period of not to exceed 30 days. The use of such units shall be limited to no more than twice during any twelve-month period.
A temporary container unit of PODS® used in conjunction with a permitted home improvement or construction project are permitted for the duration of an active building permit.
No more than two temporary container units or PODS® shall be permitted on a property at any time.
A PODS® in the front yard must be placed on a driveway or other hard surfaced area. The Community Planning and Development Director may waive this requirement upon request.
A temporary container unit may be placed anywhere in the front yard outside of the road right-of-way, with the approval of the Community Planning and Development Director.
A temporary container unit or PODS® may not be placed in a road right-of-way without written permission from the Ingham County Road Department.
§ 86-477 Accessory dwelling units (ADUs).
[Added 11-9-2023 by Ord. No. 2023-05]
Generally. Recognizing the need for varied housing types while not having a negative impact on existing residential neighborhoods, accessory dwelling units can provide affordable housing options and opportunities to age in place, and create a new housing opportunity in the Township that will blend in with the existing fabric of a neighborhood.
One ADU, meeting all the standards of the Zoning Ordinance, is permitted per lot which already contains a detached single-family residential home.
Minimum lot area and width. ADUs are only permitted on lots that meet the minimum area and width standards of the zoning district in which they are located.
Setbacks. All ADUs shall meet the required setbacks for the underlying zoning district where the structure is being constructed.
Maximum floor area. An ADU shall not be larger than 600 square feet and in no circumstance shall be larger than the primary structure.
Parking. No additional parking shall be permitted or required beyond the standard parking required for a single-family home.
Maximum occupancy. No more than two individuals may reside in an ADU.
Access. The primary structure and the ADU shall share the same vehicular access to the property.
Utilities. An ADU shall be connected to the water and sanitary facilities for the existing single-family structure. No new utility connections shall be permitted for ADUs.
Owner occupancy requirement. Either the principal dwelling unit or the accessory dwelling unit shall be occupied by the person who has a legal or equitable ownership interest with the property, and who bears all or part of the economic risk of decline in value of the property and who receives all or part of the payment, if any, derived from the lease or rental of the dwelling unit. The owner-occupant shall prove residency by means acceptable to the Township.
Accessory to main use. ADUs shall be clearly accessory to the main use of the property as a single-family dwelling.
Rental licensing. If an ADU is occupied by someone other than the property owner or a family member of the property owner, an active, valid rental license is required. No more than one dwelling unit on any property shall be licensed as a rental unit.
Attachment options. Accessory dwelling units may either be attached to the main structure (such as building over a garage) or detached from the main structure.
Deed restrictions. To ensure continued compliance by current and subsequent owners, the applicant shall provide and record in the Ingham County Register of Deeds a covenant in a form acceptable to the Township that the existence of the ADU is predicated upon the occupancy of either the principal or accessory dwelling unit by a person who owns the property, and that the ADU shall remain in the ownership of the person who owns the property. The applicant shall provide the Township with a recorded copy of the restrictive covenant prior to and as a condition of the issuance of the building permit for development of the ADU. Any owner of the property must notify a prospective buyer of the limitations of this section. Violations of the terms of this covenant shall result in the loss of the occupancy for the § 1. ADU.
Duration of lease or rental. No ADU may be leased or rented for less than 30 days.
§ 86-501 Uses of structures for temporary dwelling.
[Code 1974, § 83-2.1]
No structure shall be used for dwelling purposes that does not meet the minimum standards as defined in this chapter and in the state construction code. In addition, no temporary structure may be occupied for temporary dwelling purposes for any length of time unless by issuance by the Chief Building Inspector of a special occupancy permit which may be valid for a period not to exceed six months. No permit may be transferable.
§ 86-502 Accessory building.
[Code 1974, § 83-2.2]
Authorized accessory buildings may be erected as part of the principal building or may be connected to it by a roofed-over porch, patio or breezeway, or similar structures, or they may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building as provided in the preceding statement shall not be nearer than 10 feet from any other separate structure on the same lot.
§ 86-503 Outdoor storage of vehicles and/or trailers.
[Code 1974, § 83-2.3; Ord. No. 2009-02, 4-19-2009]
No inoperative or unlicensed or unregistered, as applicable, recreational vehicle, watercraft and/or trailer shall be parked, kept or stored outdoors, in any residential district, and no recreational vehicle, watercraft and/or trailer shall, at any time, be outdoors in any residential district if in a state of major disassembly, disrepair, or in the process of being stripped or dismantled or leaking oil, fuel or antifreeze.
The outdoor storage or overnight parking of commercial vehicles over one-ton capacity and semi-truck trailers or other commercial trailers shall not be permitted in any residential district. Commercial vehicles or trailers specifically used as part of a farm operation, as defined by the Michigan Right to Farm Act (Public Act of 1981), shall be exempt from this section.
§ 86-504 Excavation of topsoil.
[Code 1974, § 83-2.4]
Topsoil shall not be stripped, excavated, or otherwise removed from any premises for sale or for use other than on the premises on which the topsoil was originally located; except that, in accordance with all other requirements of this chapter, construction grading, excavation, or sod farming may be done by special use permit in accordance with Article VI of this chapter.
§ 86-505 Excavation of soils and minerals other than topsoil.
[Code 1974, § 83-2.5]
The excavation of peat, muck, sand, gravel, clay, shale, or other natural mineral deposit, including the quarrying of rock materials, but except crude oil, may be authorized in any district by the Planning Commission by the issuance of a special permit upon the completion of procedures and with the imposition of the conditions and safe-guards outline in Article VI of this chapter. A special permit may include authorization for the erection, installation, and use of necessary buildings, apparatus, and appurtenances incidental to the excavation operation.
§ 86-506 Maximum height of fences, walls and screens.
[Code 1974, § 83-2.6; Ord. No. 2006-06, 11-26-2006; amended 5-17-2022 by Ord. No. 2022-05]
In any residential district, no fence, wall, or screen shall be erected higher than six feet.
In any nonresidential district, the height of a fence, wall, or screen may be increased to eight feet upon approval of the Director of Community Planning and Development.
The height of any fence, wall, or screen shall be measured from the ground upon which it sits to its highest point. Altering the existing grade, such as but not limited to mounding or terracing of land, shall not be permitted to increase the height of the fence, wall, or screen, unless the combined height of such grading, mounding, or terracing together with the fence, wall, or screen meets the height standards of this section.
§ 86-507 Satellite television antennas.
[Code 1974, § 83-2.7]
The following regulations shall apply to all satellite television antennas, earth stations, dish antennas, or similar devices:
Satellite television antennas are permitted in any zoning district and shall be placed in accordance with the setback requirements established for detached accessory buildings under § 86-565.
The total height of a satellite television antenna shall not exceed 15 feet and the diameter of the dish shall not exceed 10 feet.
In residential districts only one satellite dish shall be permitted on any individual lot.
Satellite television antennas shall conform to all applicable building and electrical codes of the Township.
Satellite television antennas shall be constructed in a wind resistant manner and must be properly grounded.
Satellite television antennas shall not be utilized as a sign for purposes of advertising or identification unless in conformance with Article VII of this chapter.
Upon evidence presented by the property owner that a signal cannot be received, a variance may be granted by the Zoning Board of Appeals from the height and locational requirements of this division.
Satellite television antennas with a total height greater than 3 1/2 feet and a dish diameter greater than two feet are also subject to the following regulations:
Satellite television antennas must be placed in a rear yard, except when it has been found that a usable signal cannot be obtained from a rear yard location. In this event, the side yard may be utilized. Satellite television antennas may be permitted in the front yard or on the roof of a structure only on approval of the Zoning Board of Appeals.
A building permit shall be obtained prior to installation of any satellite television antenna.
The following regulations shall apply to satellite television antennas equal to or less than 3 1/2 feet in overall height with a dish diameter equal to or less than two feet:
Satellite television antennas may be placed in a rear yard, side yard, or mounted on the side or rear walls of a structure.
Satellite television antennas may be roof-mounted and may project above the roof peak. If roof-mounted, satellite television antennas shall extend no higher than three feet above the ridge line of a structure.
§ 86-531 Exception to required lot area and lot width for residential district.
[Code 1974, § 83-3.1]
Any residential lot created and recorded prior to the effective date of this chapter and zoned in a single-family category may be used for single-family residential purposes even though the lot area and/or dimensions are less than those required for the district in which such a lot is located, provided:
§ 86-532 Variance of requirements for lots of record.
[Code 1974, § 83-3.2]
Upon proper application pursuant to Article II of this chapter, the Zoning Board of Appeals may vary the yard requirements for substandard lots recorded prior to the effective date of this chapter when all conditions stated in Article II of this chapter are complied with. No more than the minimum variance from the terms of this chapter shall be granted which is necessary to relieve the practical difficulty of building on any substandard lot of record.
§ 86-533 Lot area can be allocated once.
[Code 1974, § 83-3.3]
No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed building, or the alteration of an existing building.
§ 86-534 Accessory building.
[Code 1974, § 83-3.4]
An accessory building shall not occupy more than 30% of the area of any rear yard.
§ 86-535 Continued conformity with regulations.
[Code 1974, § 83-3.5]
The maintenance of yards, lot area, and parking and loading spaces legally required for a building or use shall be a continuing obligation of the owner of such building or use or owner of the property on which the building is located.
§ 86-561 Front yard reductions.
[Code 1974, § 83-4.1]
Any front yard in any single-family residential district may be reduced below the minimum required only when the front yards of existing principal structures within 200 feet of a proposed principal building location are less than the minimum required, in which case the Township Board of Appeals shall establish the required minimum front yard.
§ 86-562 Side yard reductions.
[Code 1974, § 83-4.2]
For single-family residential lots adjoining an alley, the least width of a required side yard may be measured to the centerline of the alley, provided that no building shall be erected any closer than three feet to the nearest alley right-of-way line.
§ 86-563 Rear yard reductions.
[Code 1974, § 83-4.3]
When a lot of record in any single-family residential district has a depth of less than 115 feet prior to the effective date of this chapter, the rear yard of such lot may be reduced one-quarter of the distance the lot depth is less than 115 feet; provided, that no rear yard shall be less than 20 feet in depth, except that, if a rear lot line abuts an existing or proposed street, the Township Board of Appeals shall establish the required minimum rear yard.
§ 86-564 Yard encroachments permitted.
[Code 1974, § 83-4.4]
Uncovered paved terraces, patios, and porches. Uncovered paved terraces, patios, and porches shall not be subject to yard requirements, provided:
The paved area is unroofed and without such walls, parapets, or other forms of solid, continuous enclosure when that link to the paved area to the principal building that an enclosed area is formed which appears functionally a part of the principal building.
The highest finished elevation of the paved area is not over three feet above the average surrounding finished ground grade.
No portion of the paved area is closer than four feet from any lot line. Such paved area may have an open railing or fence not over three feet high and may have noncontinuous windbreak or visual screen fences or walls not over six feet high.
Unenclosed porches. Roofed or unroofed porches may project into a required side or rear yard a distance not to exceed eight feet, provided:
[Amended 5-17-2022 by Ord. No. 2022-06]
Enclosed porches. Enclosed porches, either one-story, two-story, or an unenclosed porch having solid foundations and capable of being enclosed shall be considered an integral part of the building and shall, therefore, be subject to all yard and area dimensional requirements established for principal buildings.
Special structural elements. Special structural elements, such as cornices, sills, beltcourses, chimneys, gutters, eaves, pilasters, and similar structural features may project into any yard area up to a maximum of 2 1/2 feet.
Fire escapes, outside stairways, and balconies. Fire escapes, outside stairways, and balconies, if of open construction, may project into the yard up to a maximum of five feet.
§ 86-565 Accessory buildings.
[Code 1974, § 83-4.5]
The following shall apply to accessory buildings:
In a front yard. No accessory building shall project into any front yard.
In a rear yard. No accessory building shall be closer than five feet to any lot line.
In a side yard. No accessory building shall be closer than five feet to any lot line.
On a corner lot. No accessory building shall be closer to the side street lot line than the side yard setback of the principal building on the lot.
Where the rear line of a corner lot coincides with the side line of an adjoining lot in a residential district, an accessory building shall not be closer than eight feet to the common lot line.
In no case shall the entrance of a garage be less than 25 feet from a street line.
§ 86-566 Driveway setback.
[Code 1974, § 83-4.6]
No driveway in a single-family residential zone shall be located closer than two feet from the side or rear lot line.
§ 86-591 Permitted exceptions, structural appurtenances.
[Code 1974, § 83-5.1; Ord. No. 2010-13, 10-3-2010]
The following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized uses:
Those purely ornamental in purpose such as church spires, belfries, cupolas, domes, ornamental towers, flag poles, monuments.
Those necessary appurtenances to mechanical or structural functions, such as chimneys and smoke stacks, water tanks, elevator and stairwell penthouses, ventilators, bulkheads, radio towers, masts and aerials, television antennas, fire and hose towers, wire transmission structures, and cooling towers.
Those structural extensions deemed necessary for appropriate building design, such as cornices or parapet walls may extend to a maximum of five feet above the height of the building and shall have no window openings.
The foregoing permitted exceptions may be authorized only when the following conditions can be satisfied:
No portion of any building or structure permitted as an exception to a height limitation shall be used for human occupancy or for commercial purposes.
Any structural exception to height limitations shall be erected only to such height as may be necessary to accomplish the purpose it is intended to serve, and no higher.
The area occupied by structural appurtenances may not exceed 20% of the gross area of the roof. If structural elements exceed 20% of the gross area of the roof, they shall be considered as integral parts of the whole structure and thereby shall not be eligible for permission to exceed height limitations.
§ 86-592 Residential district.
[Code 1974, § 83-5.2]
There shall be no exceptions permitted for residential structures; however, certain nonresidential structures in residential districts may be permitted to exceed height limitations as specified in Article VI of this chapter.
§ 86-616 Generally.
[Code 1974, § 83-6.1]
It is recognized that there exists within the districts established by this chapter and subsequent amendments uses of land, structures, and uses of land and structures together which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments, herein referred to as nonconformities.
It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed or abandoned but not to encourage their continuance.
Such nonconformities are declared by this chapter to be incompatible with permitted uses in the districts involved. The regulations in this division are designed to ensure that such nonconformities are properly regulated so as to minimize disharmony with the uses and structures in conformance with this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, except as set forth herein, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun in reliance upon a validly issued building permit prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
§ 86-617 Nonconforming uses of land.
[Code 1974, § 83-6.2]
Where, at the effective date of adoption or amendment of this chapter, a formerly lawful use of land exists that is prohibited under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
No nonconforming use of land shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
A nonconforming use of land shall not be extended or enlarged after passage of this chapter by addition of other uses that are not permitted in the district involved.
If a nonconforming use of land ceases for any reason for a period of three consecutive months, or for nine months during any three-year period, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
§ 86-618 Nonconforming structures.
[Code 1974, § 83-6.3]
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that would be prohibited under the terms of this chapter, as adopted or amended, by reason of restrictions on building area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
Nonconforming single-family structures may be altered, expanded, or modernized without prior approval of the Zoning Board of Appeals; provided, that such structural alteration or extension shall not increase the extent of the nonconformity and shall satisfy all other applicable site development regulations.
Nonconforming structures, other than single-family structures, may be altered, expanded, or modernized without prior approval of the Zoning Board of Appeals; provided, that structural alterations or extensions shall not increase the area, height, bulk, use, or extent of the structure and shall satisfy all other applicable site development regulations.
If a nonconforming structure is destroyed by any means to an extent of more than 50% of its replacement costs, exclusive of the foundation, it may be reconstructed only in conformity with the provisions of this chapter. The estimated cost of reconstruction shall be determined by a Chief Building Inspector. Persons aggrieved by the determination of estimated replacement cost by the Chief Building Inspector may appeal such determination to the Zoning Board of Appeals.
If a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
§ 86-619 Nonconforming uses of structures and land.
[Code 1974, § 83-6.4]
If a lawful use of a structure or structure and land in combination exists at the effective date of adoption or amendment of this chapter that would be prohibited in the district under the terms of this chapter, as adopted or amended, the formerly lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
No existing structure devoted to a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered unless the use of the structure is changed to a use permitted in the district in which it is located.
The portion of a structure occupied by a nonconforming use shall not be increased, expanded, or enlarged, nor shall any additional nonconforming uses be added to the existing nonconforming use.
If no structural alterations are made, a nonconforming use of a structure or structure and land in combination may be changed to another nonconforming use; provided, that the Zoning Board of Appeals finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may require conditions and safeguards in accordance with the purpose and intent of this chapter. Where a nonconforming use of a structure or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
If a structure or structure and land in combination formerly devoted to a nonconforming use is changed to a permitted use, it shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed.
When a nonconforming use of a structure or structure and land in combination is discontinued or ceases to exist for three consecutive months, or for nine months during any three-year period, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. When a seasonal nonconforming use of a structure or structure and land in combination is discontinued or ceases to exist for two consecutive seasons, the structure or structure and land in combination shall not be used except in conformance with the regulations of the district in which it is located.
If a structure or structure and land in combination devoted to a nonconforming use is removed or destroyed the nonconforming use shall not be reestablished and the land shall be used in conformance with this chapter.
§ 86-620 Repairs and maintenance.
[Code 1974, § 83-6.5]
Any building devoted in whole or in part to any nonconforming use may be repaired to correct deterioration or wear or by replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the assessed value of the building; provided, that the area, height, bulk, use, or extent of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition any building or part of any building declared to be unsafe by an official charged with protecting the public safety.
§ 86-621 Change of tenancy or ownership.
[Code 1974, § 83-6.6]
The tenancy, ownership, or management of any legally existing nonconforming use of a structure, land, or structure and land in combination may change without altering the status of the nonconforming use.
§ 86-622 Acquisition of nonconforming uses.
[Ord. No. 2007-12, 10-28-2007]
The Township may acquire private property or an interest in private property by purchase, condemnation or otherwise for the removal of nonconforming uses in accordance with the Michigan Zoning Enabling Act PA 110 of 2006 (MCL § 125.3101 et seq.).
§ 86-623 Burden of proving nonconforming uses.
[Code 1974, § 83-6.8]
Any landowner or interested person claiming a lawful nonconforming use must prove through clear and convincing evidence that the claimed nonconforming use lawfully existed prior to the adoption or amendment of this chapter. Otherwise, such uses are unlawful uses and shall be immediately discontinued.