Putnam Township City Zoning Code
ARTICLE III
General Provisions
§ 340-8 Application of regulations.
A.
Unless otherwise noted, the regulations in this chapter apply throughout Putnam Township and within each district. They shall be minimum regulations and shall apply uniformly to each class or kind of structure, land or use.
B.
All buildings, structures or land may be used, constructed, altered or occupied, only when in conformity with all of the regulations specified in this chapter for the district in which it is located in accordance with this chapter.
C.
Except as otherwise permitted by this chapter, after the effective date of this chapter, no building or other structure shall be altered except in conformance with the requirements of the district in which the building or other structure is located.
§ 340-9 Clearing of land.
Unless associated with a bona fide forestry, agricultural practice or public works project (such as the installation of utilities or other similar activities conducted by, or on behalf of the state, federal government, county, or the Township), it shall be unlawful for any person to engage in land clearing of over one acre, including the stripping and removal of topsoil or existing vegetation, from any site, parcel, or lot within Putnam Township without first receiving site plan approval, pursuant to Article XIV of this chapter.
§ 340-10 Excavations.
No soil, sand, gravel, or other earth material shall be removed from any land within Putnam Township without special land use approval, with the following exceptions:
A.
When the earth removal is incidental to an operation for which a zoning compliance permit has been issued by the designated public official;
B.
When the earth removal involves any normal landscaping, driveway installation and repairs, or other minor projects;
C.
When the earth removal involves less than 500 cubic yards;
D.
When the earth removal is for the construction of a swimming pool.
§ 340-11 Main building or principal use.
Except as may otherwise be noted in this chapter, each parcel shall contain only one main building or principal use, except for groups of related commercial, industrial, and office buildings, and multiple-family dwellings, contained within a single, integrated complex as demonstrated by shared parking, signs, access, and other similar features which, in the opinion of the Zoning Administrator, form a unified function and appearance.
§ 340-12 Road access and frontage.
A.
All lots must abut on a public road, or on a private road or shared driveway easement, for an uninterrupted distance equal to the minimum lot width specified for the district in which it is located.
B.
Vehicular access to property shall be provided in conformity with the requirements and standards of the Livingston County Road Commission and this chapter.
C.
In order to preserve intersection operations and safety, the minimum distance between a driveway and an intersecting road right-of-way shall be 100 feet.
D.
Driveways in all nonresidential districts must be located a minimum of 15 feet from a side or rear property line, and driveways in residential districts must be located a minimum of five feet from side or rear lot lines.
§ 340-13 Lot width.
The minimum width of any lot or parcel shall be not less than that specified for the district where the lot is located. If a curvilinear street pattern produces irregularly shaped lots with nonparallel side lot lines, a lesser frontage width at the street line may be allowed, and the lesser frontage shall be a minimum of 1/2 of the stated lot width requirements, or 50 feet, whichever is greater, and the lot width at the minimum building setback line shall conform to the stated width for the district.
§ 340-14 Clear vision.
A.
No plantings, fencing, signs or other obscuring structures or elements shall be established or maintained on any corner lot which will obstruct the view of a vehicle driver approaching the intersection. On primary roads and state routes, as defined by the Livingston County Road Commission, the clear vision triangle shall be 25 feet. On all other roads, the clear vision triangle shall be 15 feet.
B.
The unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended (see graphic).
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C.
This section shall not prohibit the placement of shrubbery or other materials less than 30 inches in height at maturity, or required governmental signs.
D.
No vegetation shall be maintained in any setback area of any district, which, in the opinion of the Zoning Administrator, will obstruct the view from vehicles entering or leaving the site from driveways or adjacent roadways.
§ 340-15 (Reserved) [1]
[1]
Editor's Note: Former § 340-15, Setback measurements, was repealed 8-17-2022 by Ord. No. Z-118.
§ 340-16 Width-to-depth ratio.
A.
No lot shall be created with a lot depth that exceeds four times its width.
B.
The Township Board, after recommendation by the Planning Commission, may permit the creation of a lot or parcel which does not comply with this section. In determining whether to grant this approval, the Board shall first find that the greater depth is necessitated by conditions of the land in question, such as topography, road access, soils, wetlands, or floodplain, and that creation or use of the lot will not conflict with other ordinances and regulations, unless an appropriate variance is received from any other regulations.
 |
§ 340-17 Height exceptions.
A.
The following structural appurtenances shall be allowed to exceed the height limitations for authorized uses:
(1)
Purely ornamental items, such as: church spires, belfries, cupolas, domes, ornamental towers, flag poles, monuments, that may exceed the stated height limit by 50%.
(2)
Necessary appurtenances, such as: chimneys and smokestacks, water tanks, elevator and stairwell penthouses, ventilators, and similar structures that may exceed the stated height limit by 50%.
(3)
Structural extensions appropriate to the building design, such as cornices that will be limited to five feet above the stated height limit.
(4)
All other buildings and structures shall be limited to the stated height limit, unless specifically permitted by the Board of Zoning Appeals, and these exceptions shall be further governed by the requirement that the structure shall be removed from any lot line by a distance equal to the height of the structure plus the setback requirement along said lot line or boundary.
B.
The foregoing allowed exceptions may be authorized only when the following conditions are satisfied:
(1)
No portion of any building or structure allowed as a height limitation exception shall be used for human occupancy or commercial purposes.
(2)
Any structure allowed as a height limitation exception shall be erected no higher than the height as may be necessary to accomplish the purpose for which it is intended to serve.
(3)
Structures allowed as a height limitation exception shall not occupy more than 20% of the gross roof area of any building upon which they may be located.
§ 340-18 Projections into required setbacks.
[Amended 8-17-2022 by Ord. No. Z-118]
Certain architectural features and structures may project into required setbacks as outlined below:
A.
Architectural features. Architectural features, such as roof overhangs, cornices, bay windows (or windows without foundations), sills, gutters, chimneys, flues, pilasters, belt courses, window air conditioner units, approved signs, and similar features, may project a maximum of two feet into a required front or rear yard setback area; and shall not project into the required side yard setback, provided that no portion is within five feet of any lot line.
B.
Uncovered terraces, patios, porches, and decks. Uncovered terraces, patios, porches, and decks may project up to five feet into a required front, side, rear, or natural feature setback, subject the following conditions;
(1)
There shall be no roof, walls, or other form of solid enclosure;
(2)
The highest finished floor elevation shall be within 30 inches of the natural adjacent grades at all points;
(3)
Any railing shall have a maximum height of three feet from the finished floor and have a maximum opacity of 50%; and
(4)
Projections shall not extend closer than five feet to side lot lines and 20 feet to the ordinary high-water mark.
C.
Stoops and steps. Uncovered stoops and steps may project up to five feet into a required front, side, or rear setback, subject to the following conditions:
(1)
The stop or steps must provide direct access to a required exterior entrance for the building; and
(2)
Projections shall not extend closer than five feet to side lot lines.
D.
Fire escapes, exterior stairways, and balconies. Fire escapes, exterior stairways, and balconies may project up to five feet into a required front, side, rear, or natural feature setback, subject to the following conditions:
(1)
There shall be no roof, walls, or other enclosure, except for required railings; and
(2)
Projections shall not extend closer than five feet to side lot lines and 20 feet to the ordinary high-water mark.
E.
Basement access stairs. Basement access doors, also known as Bilco doors, may project up to five feet into a required front, side, rear, or natural feature setback provided it does not extend closer than five feet to side lot lines and 20 feet to the ordinary high-water mark.
F.
Residential barrier free ramps. An unroofed, barrier-free ramp for residential use may encroach into a required front, rear, or side-yard setback if all of the following are true:
(1)
There shall be no other reasonable alternatives for the location of such a ramp on the property;
(2)
The ramp shall be the smallest size necessary; and
(3)
The ramp shall be removed when it is no longer necessary for barrier-free access. This removal shall be outlined in a document approved by the Township.
G.
Mechanical equipment. Reference new language added for mechanical equipment.
§ 340-19 Accessory structures.
[Amended 8-19-2009; 11-17-2010 by Ord. No. 51; 5-15-2013 by Ord. No. Z-70; 10-16-2013 by Ord. No. Z-71; 9-21-2016 by Ord. No. Z-88; 2-17-2021 by Ord. No. Z-105; 8-17-2022 by Ord. No. Z-118; 7-17-2024 by Ord. No. Z-123]
A.
No accessory building shall be permitted on any lot which does not contain a principal building; except:
(1)
In the A-O District, a noncontiguous parcel of not less than 40 acres shall be allowed to have accessory buildings or structures if the principal residential dwelling of the applicant is located within the Township boundaries. These restrictions shall not apply to any agricultural activities conducted on property in the A-O District, or as permitted by § 340-36, Keeping and raising domestic animals, pursuant to the Right-to-Farm Act, Act 93 of 1981, being MCLA §§ 286.471 through 286.474.
(2)
In the Lake Residential Districts, an accessory structure may be located on a lot adjacent to or immediately across the street or road and under the same ownership as a lot containing a principal structure, provided that the accessory structure shall be accessory only to the adjacent principal use and shall not be owned or used by anyone other than the owner of the adjacent principal use.
(a)
For the purposes of this subsection, "immediately across the street" shall mean that any part of the contiguous lot lies within the boundaries of the extended side lot lines of the primary lot.
(b)
No accessory building shall be permitted on any waterfront lot which does not contain a principle building.
(3)
In all districts except Lake Residential, an accessory structure may be located on a lot adjacent to, on the same side of the street or road and under the same ownership as a lot containing a principal structure, provided that the accessory structure shall be accessory only to the adjacent principle use and shall not be owned or used by anyone other than the owner of the adjacent principal use.
(4)
Whenever practicable, contiguous parcels should be combined into one parcel if the principal residence occupies one parcel and an accessory structure is proposed to be built on the abutting parcel.
B.
Notwithstanding the above, the Township Board may authorize the construction of an accessory structure in the A-O District or in a single-family residential district prior to construction of the residential dwelling, provided that:
(1)
A building permit has been issued for the dwelling;
(2)
A bond or other legal surety in an amount equal to 125% of the construction value of the accessory structure is submitted and kept active for the life of the project;
(3)
The applicant certifies in writing that the principal dwelling shall be complete and an occupancy permit issued within one year after Township Board approval, and permits the Township to draw upon the bond and remove the accessory structure in the event of noncompliance;
(4)
In the event that an occupancy permit is not issued for the principal dwelling within the one-year period, the Township Board may draw upon the bond or other surety to cover the cost of removing the accessory structure. The Township Board may, at its discretion, allow for a reasonable extension of the time limit, provided that the applicant shows that the dwelling will be completed in a timely manner.
C.
Where the accessory building is structurally attached to the principal building, it shall be subject to, and must conform to, all regulations of this chapter that are applicable to principal buildings. When the distance between the principal building and accessory structure is covered by a breezeway, portico, covered colonnade or similar architectural device, the accessory structure must meet the setback requirements of the principal building, but is bound by the height restrictions in Subsection F below.
D.
Gross floor area for accessory structures.
(1)
Accessory structure attached to a dwelling. The maximum gross ground floor area of an accessory structure attached to a dwelling shall not exceed 100% of the total floor area of the dwelling to which it is attached. On parcels five acres or greater, the maximum gross ground floor area of an accessory structure attached to a dwelling shall not exceed 150% of the total floor area of the dwelling to which it is attached. The attached accessory structure shall have an exterior appearance that is consistent and complementary to the principal structure.
(2)
Detached accessory structures. The maximum gross ground floor area of all detached accessory buildings in the A-O, RR, RS-1, RS-2, RS-3, RS-4, LR-1, LR-2 and R-2 Districts shall be as follows:
Table 1: Gross Ground Floor Area for Detached Accessory Structures in Single-Family Districts | |
|---|---|
Lot Size | Gross Ground Floor Area |
Less than 12,300 square feet | 600 square feet |
12,300 square feet to 21,780 square feet | 800 square feet |
21,781 square feet to 0.99 acres | 1,250 square feet |
1 acre, up to 10 acres | 1,250 square feet plus 750 square feet for each additional full acre after the first acre plus the percentage thereof for any additional fraction of an acre1 |
10.01 acres and above | 8,000 square feet plus 750 square feet for each additional full acre over 10 plus the percentage thereof for any additional fraction of an acre up to a maximum of 15,500 square feet1 |
NOTE: | |
|---|---|
1 | Example: A 3.7 acre parcel would be allowed 1,250 square feet for the first acre, plus 750 square feet for each of the two additional full acres, plus 525 square feet for the fractional acre (0.7 x 750), for a total of 3,275 square feet (1,250 + 750 + 750 + 525 = 3,275). |
E.
Setbacks.
(1)
Detached accessory structures shall not be located between the front lot line and the face of the principal building, except as otherwise permitted in this section.
(2)
Corner and through lots. On a corner or through lot, an accessory structure may be located within the front yard adjacent to the side street (or rear street, in the case of a through lot), provided that it meets the setback requirements.
(3)
Detached accessory structures in the LR-1 Lakefront Residential District:
(a)
Side and rear setbacks. A detached accessory structure in the LR-1 Lakefront Residential District may encroach upon required side and rear setbacks if approved by the Zoning Board of Appeals, provided that no accessory building or structure shall be closer than five feet to any side or rear lot line.
(b)
Front yards. No accessory structure shall be allowed between the front lot line and the face of the principal building, except as follows:
[1]
A detached accessory garage in the LR-1 Lakefront Residential District may be located between the front lot line and the principal building, provided that the structure conforms to the front yard setback requirements of Article VI of this chapter.
[2]
One shed or similar accessory building in the LR-1 Lakefront District with a maximum gross floor area of 100 square feet and a maximum height of eight feet may be located between the front lot line and the principal building, provided that the structure conforms to the front yard setback requirements of Article VI of this chapter.
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(4)
On a lot or parcel that is five acres in area or greater, a detached accessory structure may be located between the front lot line and the principal building, provided that the accessory structure is set back from the front lot line a minimum of 250 feet or 1/3 of the depth of the lot, whichever is greater.
(5)
The required accessory structure setback from all side and rear lot lines shall be increased five feet for each 100 square feet or fraction thereof that an individual accessory structure exceeds 5,000 square feet to a maximum of 100 feet for the side yard setback, and 100 feet for the rear yard.
(6)
The gross ground floor area of all detached accessory structures in the R-3 District shall not exceed 25% of the gross ground floor area of the principal building.
(7)
All accessory structures shall be at least 10 feet from the principal building and any other structure.
F.
The maximum height of accessory structures shall be as follows:
Table 2: Height of Accessory Structures | ||
|---|---|---|
District | Lot Size | Maximum Height (feet) |
All districts | Below 3 acres | 18 |
3 to less than 5 acres | 26 | |
5 acres and above | 35 | |
Agricultural structures, A-O District | 50 | |
G.
Waterfront lots. The following shall apply to accessory structures on waterfront lots:
(1)
Any waterfront lot in any district except the LR-1 District shall be subject to the requirements of § 340-162, Natural features setback, of this chapter. The structures permitted below shall be incorporated into the required naturally vegetated strip.
(2)
Decks, wooden walkways/sidewalks, viewing platforms, and similar.
(a)
Detached decks, wooden walkways, etc. within a waterfront yard near the water at a lake or river with little or no slope at the bank shall comply with the following:
[1]
The structure must receive prior written approval from the Zoning Administrator to install or modify. The Zoning Administrator may attach reasonable conditions to the granting of any approval or permit.
[2]
The width of any such structure shall be no more than 20% of the lot width at the lake; however, no such structure shall exceed 20 feet in width.
[3]
The surface area in square feet of any such structure shall not exceed 150% of the width of the lot at the lake (i.e., lot width = 100 feet, then structure surface area cannot exceed 150 square feet), or 400 square feet, whichever is less. This shall apply at all points within 30 feet of the ordinary high water line of the lake or river.
[4]
The structure shall be set back at least eight feet from the side lot lines.
[5]
The structure may not be lakeside of either a lawful seawall or the ordinary high water line. Furthermore, no deck, walkway, or similar item or structure shall "cantilever" or extend over the lake, river, or the shoreline of either.
[6]
The structure must be made of wood or wood composite (which can include earth-tone recycled materials, but not metal) or other porous material.
[7]
No portion of the structure can be located higher than 12 inches above the natural/normal grade within 30 feet of the ordinary high water line and shall maintain, to a reasonable extent, an open and unobstructed view to the waterway from adjacent properties, roadways, and pedestrianways.
[8]
Each such structure shall be kept in good condition and reasonable repair at all times.
(b)
Any deck, viewing platform or similar item within a waterfront yard located at the top of a lake bank or river bank on a lot with a grade of 10% or more (where the bank is located between the lake or river and the dwelling or building site, and furthermore, where some or all of the deck/viewing platform or similar item is located between the dwelling or building site and the break of the bank, i.e., where the ground begins to fall away or slopes down toward the lake or river) shall comply with all of the following:
[1]
The structure must receive prior written approval from the Zoning Administrator to install or modify. Furthermore, the Zoning Administrator may attach reasonable conditions to the granting of any approval or permit.
[2]
The width of any such structure shall be no more than 20% of the lot width at the lake; however, no such structure shall exceed 20 feet in width.
[3]
The surface area in square feet of any such structure shall not exceed 150% of the width of the lot at the lake (i.e., lot width = 100 feet, then structure surface area cannot exceed 150 square feet), or 400 square feet, whichever is less. This shall apply at all points within 30 feet of the ordinary high water mark of the lake or river.
[4]
The structure may cantilever up to five feet beyond the break of the bank (i.e., beyond the point where the ground begins to fall away or slopes down toward the lake or river). No portion of the support structure may extend beyond the break of the bank.
[5]
The portion of the structure which extends beyond the break of the bank shall not exceed 100 square feet in surface area.
[6]
The structure must be kept in good condition and reasonable repair at all times. Furthermore, it must always be properly secured to the ground/bank so as to minimize any risk of collapse, migration, movement, breaking away, etc.
[7]
The structure must be made of wood or wood composite (which can include earth-tone recycled materials, but not metal).
(c)
Stairs/steps and walkways. A wooden walkway and stairs with railings to the waterfront shall be permitted when steep grades require them to safely access the waterfront. The wooden walkway and stairs shall not exceed five feet in width and shall be designed to allow water to flow freely under and around the walkway/stairs structure.
(3)
Sea walls.
(a)
In addition to the Township zoning compliance permit, any and all permits required from the Michigan Department of Environmental Quality, Livingston County, and other governmental units, shall be obtained and filed with the Township prior to any work beginning.
(b)
A seawall shall be installed only for the purpose of preventing shoreline erosion and shall not be constructed only to raise the grade of the property at the shoreline.
(c)
Any backfill material must be of a naturally pervious material such as gravel, sand, or soil, or similar material that will not restrict natural water flow.
(d)
All filling and grading work must be accomplished so as not to alter the natural drainage of the adjoining land.
(4)
Accessory buildings in the waterfront yard. Except for any other structure allowed by this section, one gazebo or similar structure shall be permitted within the waterfront yard, subject to the following:
(a)
An allowed gazebo shall not exceed 12 feet in height or exceed 155 square feet of gross floor area or area located under the roof.
(b)
An allowed gazebo shall be set back at least 15 feet from the ordinary high water line of the lake or river and from any side lot line.
(c)
In areas of excessive slope (10% or greater), an allowed gazebo may be placed on a "landing," sitting area, or similar item installed between the ordinary high water mark of the lake or river (or lawful seawall thereof) and the break in bank, subject to the above setback requirements.
(d)
The gazebo structure shall maintain, to a reasonable extent, an open and unobstructed view to the waterway from adjacent properties, roadways, and pedestrian paths.
(e)
No other building structure shall be located within the waterfront yard. Boathouses are prohibited.
(f)
A portable or movable gazebo shall be considered a permanent structure and shall meet all other requirements of this section.
(g)
Except as modified above, all other requirements for accessory structures shall apply.
H.
Metal, canvas and similar structures constructed on a rigid frame, whether enclosed or unenclosed, erected for the purpose of cover or storage of vehicles or other goods, or any other accessory structure that is constructed upon skids or other movable base, shall be considered accessory structures for the purposes of this section.
I.
No accessory structure or portion thereof may contain a dwelling unit.
§ 340-20 Satellite dish antennas.
A.
These regulations shall not apply to dish antennas that are one meter (39.37 inches) or less in diameter in residential districts or two meters or less in diameter in nonresidential districts.
B.
In all districts, the following restrictions shall apply:
(1)
The dish antenna shall be permitted in the side and rear yard or mounted on top of a building, and securely anchored.
(2)
The nearest part of the antenna shall be at least five feet from any property line.
(3)
The height shall not exceed the height restrictions in the district in which the proposed device is to be located.
(4)
No portion of the dish antenna shall contain any name, message, symbol, or other graphic representation intended for the purpose of advertising.
(5)
A site plan shall be prepared and submitted to and approved by the Zoning Administrator for approval prior to issuance of a building permit. The site plan shall include the proposed location and an elevation drawing showing the proposed height and foundation details.
(6)
The Zoning Administrator may waive these requirements where they make the dish unusable.
§ 340-21 Swimming pools.
A.
Any pool over 24 inches deep and with a surface area of more than 250 square feet shall comply with the requirements of this section and shall not be constructed, installed, enlarged or altered until a building permit has been obtained.
B.
The outside edge of the pool wall and/or the deck and any other appurtenances shall not be located closer than 10 feet from any rear or side property line. Swimming pools shall not be located in the required front yard.
C.
Below-ground pools shall be enclosed by a minimum four-foot-high fence sufficient to make the pool inaccessible to small children. The fence, including gates, shall not be less than four feet above the underlying ground; all gates must be self-latching with latches placed at least four feet above the underlying ground or otherwise made reasonably inaccessible from the outside to small children.
[Amended 11-19-2018 by Ord. No. Z-96]
D.
All swimming pool installations, including the required barrier, shall comply with the State Construction Code and all standard codes referred to therein.
[Amended 11-19-2018 by Ord. No. Z-96]
§ 340-22 Fences.
A.
All fences shall be kept clean and in a good state of repair and hedges must be kept trimmed not to overgrow their intended size and shape specified at the time of approval.
B.
Fences that are not maintained or that no longer serve the purpose for which they were erected, or that have been abandoned, shall be removed by the latest owner, or by the Township at the expense of the property owner.
C.
No fence shall be erected at any location where it may, by reason of its position, height, shape or other characteristic, interfere with the safety of traffic flow or obstruct the view of any authorized traffic sign. Fences shall not obstruct clear vision as required by § 340-14 of this chapter.
D.
All protective fences required by state and federal statues or Putnam Township codes and ordinances to regulate or prevent access to places of natural and/or man-made hazards shall be permitted in all use districts. This includes fences limiting access to building sites under construction.
E.
In residential districts, solid fences in the required front yard shall not exceed a height of three feet. An open fence not more than 20% solid may be permitted within the front setback area, provided it does not exceed a height of four feet. Fencing in any other portion of a lot shall not exceed six feet. Fences shall be constructed of durable materials, such as brick, stone, decorative concrete, metal, extruded vinyl, or decay-resistant wood; however, plastic inserts within a chain-link fence shall be prohibited.
[Amended 3-16-2016 by Ord. No. Z-87]
F.
In the LR-1 and LR-2 Districts, no solid fence (greater than 40% opaque) in the waterfront yard or any side yard adjacent to a waterfront yard may exceed 3 1/2 feet in height. A fence that is no more than 40% opaque may be erected to five feet in height.
G.
No fence in a nonresidential district shall exceed a ten-foot height. Barbed-wire strands may be used to enclose public services and installations, storage areas or other similar areas in nonresidential districts. The strands shall be restricted to the uppermost portion of the fence, which shall be set back at least 10 feet from the public right-of-way or perimeter property line abutting a residential district and shall not extend lower than a height of six feet from the nearest ground level.
H.
Barbed and electrified fences.
(1)
In all districts, barbed-wire crowns are permitted on fences enclosing essential services such as gas regulator stations, electrical transformer stations, and for other installations that the Zoning Administrator determines as having similar security requirements. No portion of the barbed-wire crowns shall be less than six feet above grade.
(2)
In the A-O, RR, RS-1 and RS-2 Districts, barbed-wire and electrified fences may be utilized for areas dedicated to livestock enclosures. No other use of such fences is permitted. Any electrified fence within 20 feet of a public street right-of-way line or within 100 feet of any residential structure shall be marked with flags or similar markers, at intervals no more than 50 feet apart that indicate that the fence is electrified.
(3)
In the M-1 District, barbed wire crowns are permitted to provide security on fences enclosing storage areas or similar secured areas, subject to approval by the Zoning Administrator. No portion of the barbed wire crowns shall be less than six feet above grade.
I.
Animal control. Fences may be required in agricultural and in large lot residential areas in accordance with animal control regulations contained in this chapter, in county ordinances and state legislation.
J.
Temporary fences.
(1)
Construction fences and sedimentation fences shall be removed upon completion of the project.
(2)
Special event fences shall be removed no more than 48 hours after the event or purpose for which the fence was erected has passed.
(3)
Snow fences shall be removed on or before April 1.
K.
Specific fence requirements table.
Table 3: Fence Requirements | |||
|---|---|---|---|
Height (feet) | |||
District | Minimum | Maximum | Barbed or Electrified Fence |
A-O | None | 61 | Permitted |
RR | None | 61 | Permitted |
RS-1 | None | 61 | Permitted for agriculture only |
RS-2 | None | 6 | Permitted for agriculture only |
RS-3 | None | 6 | Not permitted3 |
RS-4 | None | 6 | Not permitted3 |
LR-1 and 2 | None | 62 | Not permitted3 |
R-2 | None | 6 | Not permitted3 |
R-3 | 4 | 6 | Not permitted3 |
MHC | 4 | 6 | Not permitted3 |
RBR | None | 6 | Not permitted3 |
C-1 | 6 | 10 | Not permitted3 |
C-2 | 6 | 10 | Not permitted3 |
M-1 | 6 | 10 | Permitted |
NOTES: | |
|---|---|
1 | A special land use permit is required for fences over six feet in the A-O, RR, RS-1 and RS-2 Districts. |
2 | See Subsection F of this section for opacity limits |
3 | Subject to exceptions in Subsection H(2). |
L.
A property in the A-O, RR, RS-1 and RS-2 Districts may have a fence that exceeds the above requirements, provided that a special land use permit is approved.
§ 340-23 Regulations applicable to all single-family dwellings.
A.
It is the intent of this section to establish minimum standards of appearance and construction for all single-family dwellings, whether constructed on a lot, or a manufactured home. Construction and/or placement of a single-family dwelling on any lot or parcel shall be permitted only if the dwelling complies with the following regulations. As an exception, the Zoning Administrator may waive or modify any of the following regulations upon a finding that such change will be in keeping with the character of other dwellings in the area, will not be contrary to the intent of this section, and compliance with all other applicable codes and ordinances is provided. It shall be the responsibility of the petitioner to provide documentation confirming Code compliance from the Livingston County Building Department for any such requested change.
[Amended 10-16-2013 by Ord. No. Z-71]
B.
If the dwelling unit is a manufactured home, the manufactured home must have completed inspection reports that are traceable to the unit number (serial number) of the home meeting the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development of 1976, as amended, or any similar successor or replacement standards which may be promulgated.
C.
The dwelling unit shall comply with all applicable building, electrical, plumbing, fire, energy and other similar codes which are or may be adopted by the Township, and with applicable federal or state standards or regulations for construction, and shall be connected to a potable water supply and sanitary sewer disposal facilities approved by the appropriate agency.
D.
The dwelling shall be no more than three times longer than its width.
E.
Wheels and towing mechanisms shall be removed, and no portion of the underlying chassis or undercarriage shall be visible.
F.
The dwelling unit shall comply with all restrictions and requirements of this chapter, including, without limitation, the lot area, lot width, residential floor area, yard, and building height requirements of the district in which it is located.
G.
The dwelling unit shall be firmly attached to a permanent continuous twenty-four-inch minimum crawl space which complies with applicable provisions of the adopted building code.
[Amended 9-19-2012 by Ord. No. Z-65]
H.
Additions of rooms or other areas shall be constructed with similar materials and shall be similar in appearance and of similar quality of workmanship as the original structure.
I.
The dwelling unit shall have a minimum horizontal dimension across any front, side or rear elevation of 24 feet at time of manufacture, placement or construction.
J.
The dwelling unit shall have a minimum roof pitch of 4:12 and a roof overhang of at least 12 inches to direct storm or melt water away from the foundation, unless a gambrel roof or other design elements necessitate an alternative roof drainage system.
K.
The dwelling unit shall meet the minimum floor area requirements of the zoning district in which the dwelling is located.
L.
A storage area of at least 120 square feet shall be provided. The storage area may consist of a basement, closet area or attached garage in a main building, or as a detached accessory building.
M.
The foregoing shall not be construed to prohibit innovative design concepts involving matters such as (but not limited to) solar energy, view, or unique land contour.
N.
The foregoing standards shall not apply to a manufactured home located in a manufactured home community licensed by the Michigan Manufactured Home Commission and approved by the Township according to the provisions contained in Article VIII of this chapter, except to the extent required by state or federal law.
§ 340-24 Temporary uses or buildings.
[Amended 8-19-2009]
A.
Temporary uses. Upon application, and as noted herein, the Zoning Administrator may issue a permit for the following temporary uses. Each permit for these uses shall specify a location for the building or use.
(1)
Nonseasonal uses.
(a)
Temporary office building or construction yard incidental and necessary to construction at the site where located.
(b)
Temporary sales office or model home incidental and necessary for the sale or rental of real property in a new subdivision or housing project. In any case, the temporary office or model home shall be removed when 50% or more of the lots or units have been sold or leased.
(c)
A temporary use permit for a nonseasonal use shall be valid for a period of not more than 12 calendar months. The Zoning Administrator may grant the permit for a shorter period if the use is expected to cease in fewer than 12 months. The expiration of the permit shall be clearly stated on the permit.
(d)
Permits may be renewed by the Zoning Administrator for one additional successive period of six calendar months or less at the same location and for the same purpose, provided that the reason for the extension is due to circumstances beyond the immediate control of the applicant.
(2)
Seasonal uses.
(a)
The Zoning Administrator may issue a permit for the temporary sale in commercial districts of merchandise related to a seasonal or annual event, such as a holiday. These uses may include, but are not limited to, the sale of Christmas trees, pumpkins, fireworks, and similar activities.
(b)
The Township Board may issue a permit for temporary sales on a nonresidential use (churches, schools, etc.) in a residential district of seasonal or holiday merchandise as above.
(c)
In considering a request for a temporary permit, the Zoning Administrator or Township Board, as applicable, must determine that the operation of the use is seasonal in nature and will not be established as a permanent use, and that adequate off-street parking is available to accommodate the use.
(d)
A temporary use permit for a seasonal use shall be valid for a period of up to four calendar months. The expiration date shall be clearly stated on the permit.
(e)
Permits for seasonal uses may be renewed by the Zoning Administrator or the Township Board, as applicable, for one additional successive period of two calendar months or less at the same location and for the same purpose, provided that the reason for the extension is due to circumstances beyond the immediate control of the applicant or, for seasonal uses, the season or event to which the use relates is extended.
(3)
Special events. The Zoning Administrator (or the Township Board, as required below) may issue a permit for an outdoor event in a residential district, such as a civic or church festival, neighborhood or block party, or private outdoor party accommodating more than 100 persons or utilizing temporary structures, where it is reasonably certain that the event or gathering will not attract more than 750 persons. This permit does not include horse shows [see Subsection A(4) below].
(a)
Any event that will or is intended to attract more than 750 persons is subject to Chapter 106, Assemblies, Outdoor, of the Code of the Township of Putnam.
(b)
For any event utilizing amplified equipment resulting in noise levels discernible beyond the property line that are over 65 dBA, the permit must be approved by the Township Board.
(c)
Any event where alcoholic beverages will be sold may only be approved by the Township Board. All required licenses shall be issued prior to Township Board consideration of the event.
(d)
A temporary use permit for a special event shall be valid for a period of not more than five consecutive days. There may be no more than three permits issued for the same property within a single calendar year, and no permit may be issued for an event date less than 45 days after the expiration of a prior permit issued for the same property.
(e)
The permit application shall be accompanied by a site plan, drawn to scale, showing the location of all existing structures and any proposed temporary structures related to the event. Temporary structures made of flammable materials shall be located at least 10 feet from any permanent structure. Temporary structures shall be removed within five business days after the end of the event.
(f)
The required site plan shall show how parking for the event will be accommodated off the streets. Parking shall be permitted only on a durable, dustless surface that will not be rutted or creased by vehicles. The Zoning Administrator or the Township Board, as applicable, may require additional parking area if it is determined that the parking shown on the site plan will not reasonably accommodate the expected traffic.
(g)
The Zoning Administrator, or the Township Board, as applicable, may set hours during which the event may be held. No activity related to the event other than maintenance or cleanup may take place outside of the designated hours.
(h)
Mobile vending units, if proposed, are subject to the requirements of § 340-38 of this chapter.
(4)
Horse shows of 20 or more persons. Horse shows of 20 or more persons shall only be conducted at a public/commercial stable that meets the special land use requirements outlined in Article XIII of this chapter. A horse show with fewer than 20 persons is exempt from these requirements. The proposed location, time of day, duration, and estimated number of people in attendance at a horse show (participants, spectators and any others attending) will be reviewed by the Township Board. The Township Board shall review the criteria and grant the temporary use only if the Township Board determines that the use:
(a)
Will be harmonious and in accordance with the general objectives or any specific objectives of the Putnam Township Master Plan.
(b)
Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.
(c)
Will not be hazardous or disturbing to existing nearby uses.
(d)
Will be compatible with adjacent uses of land and will promote the use of land in a socially and economically desirable manner.
(e)
Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will adequately provide any of the required services or facilities.
(f)
Will meet all the requirements and standards of this chapter and any other applicable laws, standards, ordinances, and/or regulations.
B.
Temporary dwellings for construction purposes only.
(1)
Emergency use of temporary structures or mobile homes. In case of an emergency, including general disasters such as earthquake, flood, or windstorm, or individual disasters such as destruction by fire, the Township Board may grant temporary permits for the use of mobile homes or other specifically authorized temporary structures for housing persons displaced from their permanent dwelling. Such temporary permit shall remain in effect for six months. The Township Board may grant extensions of up to 90 days per each extension.
(2)
Use of trailer or mobile home for housing during construction of permanent dwelling. A trailer or mobile home may be used for housing during construction of a permanent dwelling, subject to the following:
(a)
A zoning permit shall have been obtained for the permanent dwelling.
(b)
A health permit shall have been obtained, and that certifies the safety of the well and septic system.
(c)
A building permit shall have been obtained for the construction of the permanent dwelling.
(d)
The permit shall expire after one year. An extension may be granted by the Township Board, upon presentation of evidence that diligent progress toward the completion of the permanent structure is being made.
(3)
Use of existing dwelling on a lot for housing during construction of a new dwelling. The Township Board may permit that an existing permanent dwelling may continue to be used for dwelling purposes while a new permanent dwelling is being constructed on the same lot, subject to the following:
(a)
A zoning permit shall have been obtained for the new permanent dwelling.
(b)
A building permit shall have been obtained for the construction of the new permanent dwelling.
(c)
Only one of the dwellings shall be used for dwelling purposes at any time. Upon completion and issuance of a certificate of occupancy for the new dwelling, the existing dwelling shall be vacated completely and demolished as soon as practicable.
(d)
During the construction process, the new dwelling shall conform in all respects with the requirements of the Zoning Ordinance. The existing dwelling shall continue to be in conformance; however, if the dwelling was nonconforming prior to beginning construction of the new dwelling, no action or construction related to the new dwelling shall cause the existing dwelling to become more nonconforming.
(e)
A performance guarantee, in an amount equal to 125% of the cost of demolition of the existing dwelling, as certified by a qualified demolition contractor, shall be submitted prior to beginning construction of the new home. The performance guarantee shall be released upon complete demolition of the existing dwelling, removal of all debris from the premises, restoration of the grade to a level condition and planting or installation of ground cover vegetation.
(f)
The permit shall expire after one year. An extension may be granted by the Township Board, upon presentation of evidence that diligent progress toward the completion of the permanent structure is being made.
C.
Standards for temporary uses and buildings. In considering authorization for the above temporary uses and buildings, the Zoning Administrator or the Township Board, as applicable, shall consider the following standards:
(1)
The use or building will not have an unreasonable detrimental effect upon adjacent properties;
(2)
The use or building is reasonably necessary for the convenience and safety of the construction proposed;
(3)
The use or building does not adversely impact the character of the surrounding neighborhood; and
(4)
Access to the use area or building is located safely.
D.
Conditions. The Zoning Administrator or Township Board, as applicable, may attach reasonable conditions to temporary uses or structures to ensure that the standards and requirements of this section are met.
E.
Planning Commission review. A request for a temporary use or building as listed above may be submitted to the Planning Commission for a final decision, at the discretion of the Zoning Administrator or the Township Board, as applicable. In making its decision, the Planning Commission shall consider the same standards as enumerated in Subsection C above.
F.
Performance guarantee. For any temporary use or temporary building, a performance guarantee may be required to insure compliance with the terms of a temporary use permit.
§ 340-25 Roadside stands.
Roadside stands are permitted in the Agricultural-Open Space District subject to the following:
A.
Maximum square footage of a roadside stand shall be 200 square feet. A roadside stand that exceeds this maximum may be allowed as a special land use, subject to the review and approval process of Article XIII of this chapter.
B.
A roadside stand shall only provide for sales of produce or agricultural products raised or grown on the same property, by the proprietor or a member of his family. A roadside stand of any size that sells produce or agricultural products raised or grown elsewhere may be allowed as a special land use, subject to the review and approval process of Article XIII of this chapter.
C.
Parking spaces shall be provided on the property and outside the public road right-of-way. The parking spaces shall be located so that vehicles do not have to maneuver on the right-of-way.
D.
The roadside stand and any display of produce or other goods shall be set back a minimum of 15 feet from any lot line.
E.
One nonilluminated on-site sign may be permitted of up to 16 square feet in area, located outside of the road right-of-way and adhering to clear vision requirements, and having a height limit of eight feet from the ground to the top of the sign.
§ 340-26 Illegal dwellings.
The use of any basement for dwelling purposes is prohibited in any zoning district unless the basement meets the appropriate adopted building codes for the Township. Buildings erected as garages or accessory buildings shall not be occupied for dwelling purposes.
§ 340-27 Damaged buildings.
A.
A building which has collapsed or been damaged by fire, flood, storm, or act of God to such an extent that the cost of repair and reconstruction exceeds 50% of its replacement value at the time the damage occurred shall be repaired, removed, or reconstructed by commencement within 90 days and completion within one year of the damage and according to the provisions of this chapter and the building code relative to new construction.
B.
A building damaged by wear and tear, deterioration and/or depreciation to such an extent that the cost of repair and rehabilitation exceeds 50% of its replacement value shall be repaired, removed, or rehabilitated by commencement within 90 days and completion within one year of the date of notice given by the Zoning Administrator, according to the provisions of this chapter and the building code relative to new construction.
C.
A building permit shall be secured before reconstruction of a building is commenced. The Zoning Administrator shall determine the extent of destruction, deterioration or depreciation prior to granting permission to apply for a building permit.
D.
The Zoning Administrator may require that damaged buildings be secured at the doors and windows or that the building be removed.
§ 340-28 Demolition permits.
No buildings shall be razed until a zoning compliance permit has been obtained from the Zoning Administrator, who may require a plot plan and performance bond in an amount set by the Township Board. This bond shall be conditioned on the applicant completing the razing within a reasonable period as prescribed in the permit and complying with any requirements of the building code, including, but not limited to, requiring all debris being eliminated from the site rather than being buried in a collapsed foundation, filling excavations, sealing wells or eliminating septic tanks, and proper termination of utility connections.
§ 340-29 Essential services.
Essential services shall be permitted as authorized under any franchise in effect within the Township, subject to regulation as provided in any law of the State of Michigan or Putnam Township. It is the intent of this section to insure conformity of all structures and uses to the requirements of this chapter, wherever this conformity shall be practicable and not in conflict with specific requirements of any franchise, state legislation, or Township regulation. In the absence of a conflict, this chapter shall prevail.
§ 340-30 Storage and repair of vehicles.
A.
The carrying out of repair, restoration and maintenance procedures or projects may occur on vehicles in any residential district, provided the vehicle or vehicles is owned or leased by the owner or occupant of the property. These repair projects must be conducted within a fully enclosed building.
B.
No parts or vehicles not in a legally operable condition shall be stored outside of an enclosed building.
§ 340-31 (Reserved) [1]
[1]
Editor's Note: Former Section 24, Home occupations, was repealed 2-16-2011 by Ord. No. 53.
§ 340-32 Nonconforming lots, uses or structures.
A.
Intent.
(1)
It is recognized that there exist in zoning districts certain lots, buildings and structures, and uses which were lawful before this chapter was passed or amended, which would be prohibited, regulated, or restricted under the terms of this chapter. It is the intent of this section to permit legal nonconforming lots, buildings and structures, and uses to continue until they are removed, but not to encourage their survival.
(2)
Nonconforming lots, buildings and structures, and uses are declared by this chapter to be incompatible with permitted uses in the districts in which they are located. It is the intent of this section that these nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district.
(3)
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 prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently conducted.
B.
Nonconforming lots of record.
[Amended 6-16-2010 by Ord. No. 47]
(1)
Where a lot of record in existence at the time of the adoption or amendment of this chapter does not meet the minimum requirements for lot width or lot area, the lot of record may be used for any permitted use as outlined in the zoning district in which the lot is located, subject to approval of water supply and sanitary sewer or septic system by the County Health Department, or other proper agency having jurisdiction, provided that all other requirements of this chapter are met.
(2)
Reductions in side yard setbacks for significantly nonconforming lots in the A-O, RR and RS Districts.
[Amended 12-21-2011 by Ord. No. 60; 8-16-2017 by Ord. No. Z-89]
(a)
Nonconforming due to lot area. In the event that a nonconforming lot of record within the A-O, RR or RS Districts that, on the date of enactment of this chapter, is less than the minimum lot area required by § 340-48 (for A-O) or § 340-56 (for RR and RS), the required minimum side yard setbacks may be reduced as shown in the following table:
Table 4: Nonconforming Lots in the A-O, RR, and RS Districts | ||
|---|---|---|
No side yard may be less than: | ||
Area of Nonconforming Lot | Side Yard: Lease Side (feet) | Side Yard: Total of Two (feet) |
Less than 8,500 square feet | 5 | 10 |
8,500 square feet but less than 1/2 acre | 10 | 20 |
1/2 acre but less than 1 acre | 25 | 50 |
1 acre but less than 3 acres | 30 | 70 |
3 acres or more | 40 | 100 |
(b)
Nonconforming due to lot width. On a nonconforming lot of record within the A-O, RR or RS District that, on the date of enactment of this chapter, has a lot width less than the minimum requirement of the zoning district, the required side yard setbacks may be reduced by the same percentage as the difference between the width of the lot and the required zoning district minimum lot width, provided that no side yard setback shall be less than five feet.
(c)
In an instance where both the lot area and lot width are nonconforming, the more restrictive side yard setback requirements of Subsection B(2)(a) and (b) above shall prevail.
C.
Nonconforming uses. No nonconforming use shall be enlarged or increased, nor extended to occupy a greater floor or land area that was occupied at the effective date of the adoption or amendment of this chapter, except under the following conditions:
(1)
No part of any nonconforming use shall be moved unless the movement eliminates or decreases the nonconformity.
(2)
If a nonconforming use is abandoned for any reason for a period of more than one year, any subsequent use shall conform to the requirements of this chapter. A nonconforming use shall be determined to be abandoned if the Zoning Administrator determines that one or more of the following conditions exists, which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
(a)
Utilities, such as water, gas and electricity to the property, have been disconnected.
(b)
The property, buildings, and grounds, have fallen into disrepair.
(c)
Signs or other indications of the existence of the nonconforming use have been removed.
(d)
Equipment or fixtures necessary for the operation of the nonconforming use have been removed.
(e)
Other actions, which in the opinion of the Zoning Administrator constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.
D.
Nonconforming buildings and structures.
(1)
Where a lawful building or structure exists at the effective date of this chapter, or an amendment thereto, that does not comply with the requirements of this chapter because of restrictions such as lot area, coverage, width, height, or yards, the building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
Should a nonconforming building or structure be destroyed by fire, act of God, public enemy or other reason to any extent that is not the fault of the owner, it may be reconstructed only in a way that will not increase its nonconformity.
(b)
Should a nonconforming building or structure be moved for any reason and for any distance, it shall be moved to a location that complies with the requirements of this chapter.
(c)
No such building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by no more than 1/2 the distance required by this chapter (see graphic). Only in these cases may the nonconforming setback be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.
 |
(2)
None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would prevent strengthening or correcting any unsafe condition of the building or structure.
E.
In cases where public health, safety, and general welfare are at risk, the Township may acquire, through purchase, private nonconforming buildings, structures, or land. The Township Board may make this purchase of private property in the manner provided for by law.
F.
Special requirements applying to the LR-1 District. Because of the historic resort nature of dwellings within the LR-1 District, a nonconforming dwelling on an existing lot of record, which exists on and after the date of adoption of this subsection, may be replaced by a new structure upon the same footprint, provided that:
(1)
The new residence does not increase any nonconformity or result in any new nonconformity;
(2)
The new residence does not have a ground floor area more than 30% larger than the structure it replaces;
(3)
Notwithstanding the location of the original dwelling footprint, the new structure may be no closer than 2 1/2 feet from any side lot line.
(4)
Front yard setback requirements shall conform to § 340-54B(2)(d) of this chapter.
(5)
All other district regulations for the LR-1 District, as outlined in Article VI of this chapter, shall apply.
§ 340-33 Private roads and shared driveways.
A.
Purpose and applicability.
(1)
The purpose of this section is to regulate the construction, maintenance and use of new and existing private roads within the Township, to provide procedures for review and appeal, and to promote and protect the public health, safety and welfare. It is further the purpose of this section to encourage property owners to make use of private roads to prevent additional curb cuts on public roads, and to ensure that private roads are maintained by the private property owners who own and use the road.
(2)
The provisions of this section shall apply to the creation, construction, improvement and maintenance of shared driveways and private roads.
B.
Definitions. In addition to the definitions in Article II of this chapter, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
APPLICANT
A person who holds a legal interest in land and who submits an application seeking approval for a private road on the land.
CLASS A PRIVATE ROAD
A private road designed to serve seven or more single-family residential lots, or has the potential to be extended to serve a total of seven or more single-family residential lots, or designed to serve four two-family residential lots, or any combination of two-family residential lots with single-family lots that total more than seven units. The road may also serve two or more nonresidential uses, or any combination of residential and nonresidential uses, not including agricultural uses and farm buildings.
CLASS B PRIVATE ROAD
A private road designed to serve four to six single-family residential lots or designed to serve two or three two-family residential lots or any combination of two-family residential lots and single-family residential lots that total between four and six family units.
IMPROVED
Improvement of the road surface with gravel aggregate or a hard surface such as concrete or asphalt.
RECORDABLE FORM
For purposes of this chapter, this term shall apply to an easement statement and easement maintenance agreement(s) which are legally binding and which are written in a form so as to be recordable with the Livingston County Register of Deeds.
SHARED DRIVEWAY
A driveway designed to serve three or less single family residential lots or any combination of two-family residential lots and single-family residential lots that total three or fewer family units.
C.
General requirements.
(1)
No zoning compliance permit shall be issued by the Township, or official of the Township, unless the structure, building or improvement for which a zoning compliance permit is required, is on a lot or parcel of land which meets the minimum lot width for the district in which it is located. All lots must abut on a public road, private road or shared driveway easement for an uninterrupted distance equal to the minimum lot width specified for the district in which it is located.
(2)
Land located within a private road or shared driveway easement shall not be counted in determining compliance with lot area and lot width requirements.
(3)
Conveyance of interest in land abutting a private road. Whenever an owner of land in the Township sells or otherwise grants an interest in land that fronts on or is served by a private road, or accepts any offer to purchase an interest in the land, the owner shall provide notice, in recordable form, to the purchaser that the land abuts a private road. This notice shall:
(a)
Explain the maintenance, care, and other responsibilities concerning the private road.
(b)
Explain that the maintenance, care, and other responsibilities concerning the private road shall not be the responsibility of the Township, Livingston County Road Commission, State of Michigan, or any other governmental entity.
(c)
Explain that the purchaser shall assume all responsibilities immediately upon purchase of the land that fronts on or is served by a private road.
(d)
A copy of this notice shall be supplied to the Township Assessor upon transfer of the property deed.
(4)
Parcels with access to both a private road and a public road shall be accessed from the private road only, unless the Planning Commission finds that, because of topography, site distance, interference with utilities or natural features, or other reason not the fault of the property owner, that the public road affords more efficient or safer access. In such a case, the access shall be separated from the private road intersection by a minimum of 25 feet, measured center line to center line.
D.
Application requirements.
(1)
No construction shall begin on any shared driveway or private road until a permit has been issued, on forms provided for that purpose by Putnam Township, and following compliance with the requirements as set forth in this chapter. This requirement applies to all new construction, extensions or improvements of a private road or shared driveway.
(2)
Shared driveway. A shared driveway may be approved by the Zoning Administrator upon review of an application accompanied by the following:
(a)
A plan drawn and sealed by a civil engineer licensed by the State of Michigan, showing all lots to be served, the location and width of the shared driveway easement, the width of the proposed pavement, the materials to be used for pavement, the frontage of all lots served by the shared driveway, and any drainage or utility structures to be located in the easement.
(b)
Easements and easement maintenance agreements for the shared driveway, as required by Subsection H of this section. The Zoning Administrator may forward these documents for review by the Township Attorney prior to approval of the shared driveway.
(c)
If the shared driveway intersects a public road or state trunk highway, permits from the appropriate agency shall be submitted. If the shared driveway intersects an existing private road, written permission from the owners, association or authority that owns the private road shall be submitted.
(d)
The Zoning Administrator shall require a performance guarantee in an amount determined necessary by the Township Engineer to insure that the shared driveway is built to the standards listed in this or any other Township ordinance.
(3)
Private road. A private road may be approved by the Township Board, after recommendation from the Planning Commission. Twelve copies of an application for a permit shall be delivered to the Zoning Administrator and filed with the Township Clerk at least 30 days before the Planning Commission meeting at which the proposal is proposed to be reviewed. No application shall be accepted until all of the following information is supplied, unless waived by the Zoning Administrator:
(a)
A completed application, on a form supplied by the Township.
(b)
All fees required by the Township, as determined by the Township Board.
(c)
A set of completed plans, prepared and sealed by a civil engineer registered in the State of Michigan, which includes all required information. The Zoning Administrator may waive the requirement of a separate set of road plans only where the required road construction information is incorporated into the overall site plan of a development.
(d)
The names and addresses of the lot or parcel owners to be served by the private road.
(e)
A vicinity map of a minimum scale of one inch equals 2,000 feet, showing the location of the private road in the Township, including any access roads and cross streets, road names, a scale and a North arrow.
(f)
Existing topography at one-foot contour intervals for the portions of the site sufficient to determine drainage from the private road easement to a suitable stormwater outlet. Elevations shall be based on the most current United States Geological Survey (USGS) data.
(g)
Proposed improvements (including but not limited to roads, sewers and ditches) shown in the plan and profile indicating all materials, grades, dimensions and bearings in compliance with the standards set forth in Subsections F and G of this section.
(h)
All existing and proposed grades, the location of all existing and proposed drainage facilities, the location of existing and/or proposed utilities and structures, other structures, physical and natural features adjacent to such improvements, and any connections to existing public and private roads.
(i)
Soil borings within the proposed route of the road. Existing tree coverage and wetland areas within 100 feet of either side of the proposed route shall be included.
(j)
The location of existing buildings on the lots or parcels being served or intended to be served by the private road as well as any existing building or structures in or adjacent to any proposed road easement.
(k)
The existing or proposed location of public and/or private utilities and easements, such as gas, electric, water, sewer, telephone, cable television, etc.
(l)
A complete statement of all terms and conditions of the proposed road easement, including copies of all easement document and easement maintenance agreement(s), submitted in accordance with the requirements of Subsections H and I of this section. The easement and maintenance agreement(s) shall be in recordable form.
(m)
A letter from a Michigan licensed attorney stating that the easement document and the easement maintenance agreement(s) meets all county, state, and federal laws.
E.
Private road application review procedures.
(1)
Staff review. The private road application and related plans and materials shall be reviewed by the Township planner and engineer. A private road that intersects a public road shall require review and approval by the Livingston County Road Commission. A private road that intersects a state trunk line shall require review and approval by the Michigan Department of Transportation. The applicant shall be responsible for application and coordination of approvals from other agencies. All permits, reviews and recommendations shall be forwarded in writing to the Planning Commission and Board.
(2)
Planning Commission review and recommendation. The Planning Commission shall review all private road applications along with all Township planner's and engineer's reviews and recommendations, at a regularly scheduled public meeting. The Planning Commission shall recommend to the Township Board approval, approval with conditions, or denial of the private road application based on the requirements of this section.
(3)
Township Board review and determination. After receiving recommendation from the Planning Commission, the Township Board shall review all private road applications along with all planning and engineering reviews and recommendations, at a regularly scheduled public meeting. The Township Board shall approve, approve with conditions, or deny the private road application based on the requirements of this section.
(4)
The applicant shall post a performance guarantee in an amount determined necessary by the Township Engineer to insure that the private road is built to the standards listed in this or any other Township ordinance. If the applicant fails to construct the private road according to the approved plan, the Township shall use the applicant's performance guarantee to correct any problems or errors in construction created by the applicant or their contractors.
(5)
Expiration of approval. If the construction, including the removal of vegetation and/or soil disturbance, of the private road does not commence within nine months of final approval, or if construction has not been completed within 12 months after it has commenced, the private road approval shall become null and void and a new application shall be required. Before the end of the 11th month of the private road approval, an applicant may request in writing to the Township Board for a six-month extension of a private road approval. The Township Board may grant the extension if it finds that the approved site plan adequately represents current conditions and the plan conforms to current ordinance standards.
(6)
Administrative relief. Where there are practical difficulties restricting an applicant from meeting the strict letter of this section, the Township Board, based on recommendations from the Planning Commission, Township Engineer and/or Planner, shall have the authority to grant relief of specific requirements. Relief shall only be granted for the following purposes:
(a)
Preservation of natural features or to prevent an excessive amount of grading and/or alteration of the land.
(b)
When the road is an existing nonconforming road due to easement width and additional easement right-of-way cannot be reasonably obtained.
F.
Shared driveway: design and construction requirements.
[Amended 6-18-2014 by Ord. No. Z-73]
(1)
All shared driveways shall be located within an easement with a minimum width of 33 feet. In the event that a shared driveway is expanded to a private road, the new private road must meet the current Livingston County Road Commission standards and all parcels must meet the current standards of Putnam Township Zoning Ordinance.
(2)
The improved area shall have a minimum width of 16 feet and shall be constructed of gravel aggregate or a hard surface.
(3)
All improved areas shall be drained according to Livingston County Road Commission standards.
(4)
The maximum length of the improved section of a shared driveway shall be 1,000 feet. Notwithstanding the foregoing length limitation, the length of the improved section of a shared driveway may exceed 1,000 feet, but only where the extended length is necessary and based on specific and unique conditions of the site upon which the shared driveway will be located and upon the recommendation by the Township Engineer. The shared driveway easement may extend beyond the improved section to provide necessary frontage as required by the zoning district, or to provide for future connections to adjacent properties.
[Amended 9-19-2018 by Ord. No. Z-94]
(5)
Any lot added to a shared driveway that increases the number of lots served by the driveway to more than three lots shall be upgraded to meet the requirements for a Class A or Class B private road as required by this section.
G.
Private roads: design and construction requirements.
[Amended 6-18-2014 by Ord. No. Z-73]
(1)
All private roads shall be located within an easement with a minimum width of 66 feet.
(2)
Compliance required. It shall be unlawful for any person, association, organization or corporation to create, establish or build a private road within the Township, unless it is constructed in accordance with the current Livingston County Road Commission standards for public roads unless otherwise provided for in this chapter.
(3)
Private roads shall be named and, upon construction of the road, appropriate signs shall be erected to identify the road name. Names of private roads shall be approved by the Livingston County Road Commission.
(4)
All private roads shall be drained according to Livingston County Road Commission standards.
(5)
Class A private road.
(a)
A Class A private road shall be improved with a hard surface meeting Livingston County Road Commission requirements.
(b)
The road shall be designed to connect with another public road or another Class A private road.
(c)
The private road shall be designed so that it has a reasonable probability of dedication as a public road at a future time.
(d)
The maximum length shall be 3,500 feet, measured on the roadway center line from the right-of-way of the public or private road it intersects with, to either the right-of-way of another intersecting roadway with access to a public street or road, or to the center of a cul-de-sac. Any Class A private road that exceeds this length shall have at least one additional access to a public street or road, or shall be upgraded to public street standards and dedicated to Livingston County.
(e)
The road may also serve two or more nonresidential uses, or any combination of residential and nonresidential uses, not including agricultural uses and farm buildings.
(6)
Class B private road.
(a)
A Class B private road shall be paved improved with a hard surface or gravel aggregate meeting the Road Commission's roadway standards, with the exception that the hard-surfaced pavement is excluded and the aggregate base shall be MDOT Specification 23A as opposed to the 22A required as a base on paved roadways.
(b)
The roadway of the private road shall not exceed a length of 2,000 feet (regardless of the number of lots served), measured on the roadway center line from the right-of-way of the public or private road it intersects with, to either the right-of-way of another intersecting roadway, or the center of a cul-de-sac. Any Class B private road that exceeds this length shall be upgraded to a Class A private road or shall be upgraded to public street standards and dedicated to Livingston County.
(7)
Inspections.
(a)
The applicant shall notify the Township 48 hours prior to commencement of construction to facilitate inspection at various stages of construction by the Township Engineer. Inspections conducted by the Township Engineer are intended to ensure that the road is being constructed in compliance with the standards in this or any other ordinance and the approved site plans.
(b)
Spot inspections during construction may be conducted to ensure proper completion of the following work items where applicable:
[1]
Grade and alignment;
[2]
Preliminary drainage and utility structures;
[3]
Finish subgrade;
[4]
Base and paving materials;
[5]
Bituminous or concrete parking;
[6]
Curb and gutter;
[7]
Compaction of subsoils; and
[8]
Soil erosion and sediment control.
(c)
Approval of any construction phase by the Township Engineer does not guarantee approval of subsequent phases or final approval of the constructed road.
(d)
Upon completion of the private road, the applicant or its engineer shall submit two sets of as-built drawings to the Zoning Administrator and two sets to the Township Engineer. The Township Engineer shall review the as-built drawings and conduct a final inspection to insure that all visible construction, including cleanup, has been satisfactorily completed.
(e)
Final inspection. An inspection shall be conducted by the Township Engineer upon completion of the private road to ensure that the road is constructed in compliance with the requirements in this or any other section of this chapter and the approved private road plans.
(f)
Performance guarantee. To assure completion and/or maintenance of a private road in accordance with the requirements set forth in this section, the Township shall require the applicant to provide a performance guarantee in an amount determined necessary by the Township Engineer to insure that the private road is built to the standards listed in this and any other Township ordinance. If the applicant fails to construct the private road according to the approved plan, the Township shall use the applicant's performance bond to correct any problems or errors in construction created by the applicant or its contractors.
H.
Private road or shared driveway easement.
(1)
Easement document. The applicant shall submit a shared driveway or private road easement, in recordable form, meeting the following minimum requirements:
(a)
A detailed legal description of the easement.
(b)
A provision providing for unrestricted access for emergency and public vehicles used in performance of necessary public services.
(c)
A description of the method by which the initial costs of construction will be paid. If more than one property owner will share in the cost of initial construction, then the easement document shall specify the formula that will be used to apportion the costs.
(d)
A description of the method for apportioning costs to subsequent users for any subsequent extensions or improvements to the road.
(e)
Language prohibiting any property owner served by the shared driveway or private road from restricting or interfering with the normal ingress or egress of other property owners, their families, guests, invitees, tradespeople, and others traveling to or leaving from any of the properties served by the road.
(f)
A statement that the Township Board may require that future abutting private roads or public roads connect to the existing private road.
(g)
Apportioning costs to subsequent users:
[1]
The easement shall indicate that the method of apportioning costs applies whether the subsequent users are a result of:
[a]
Extension of the private road beyond its initial length;
[b]
Improvements necessary to upgrade the road as a result of subsequent land divisions; or
[c]
Connection to another private road.
[2]
The method of apportioning costs shall be the responsibility of the applicant and shall be based on a ten-year period of full depreciation. The apportionment formula shall be designed to apportion costs in relation to the benefit to be derived from the private road.
[3]
The apportionment formula may include provisions to reduce the cost for parcels that have existing access to another public or private road, and therefore would not derive full benefit from the private road.
(2)
A private road or shared driveway easement shall be submitted to the Township Zoning Administrator and reviewed by the Township Attorney. After making any necessary revisions, the private road or shared driveway easement shall be recorded with the County Register of Deeds. Proof of this recording shall be submitted to the Township Zoning Administrator prior to any construction of the private road, including the removal of vegetation and/or soil disturbance.
I.
Easement maintenance agreements. Continued maintenance of private roads and road drainage facilities shall be the responsibility of the property owner(s) served by the road. Prior to issuance of construction permits, all property owner(s) shall enter into a legally binding easement maintenance agreement, which shall be submitted in recordable form.
(1)
At a minimum, the easement maintenance agreement shall contain the following:
(a)
Provisions for the establishment of a private road association, which shall be responsible for the maintenance of the private road. The association shall consist of all owners of property that are served by the private road.
(b)
Language to specifically address the liability and responsibility of the association and the parties to the agreement to maintain the private road according to the specifications of this section, including, but not limited to, the responsibility of removing snow, repairing and/or grading the private road(s).
(c)
A statement that the agreement runs with the land, and shall include the requirements of Subsection C of this section, pertaining to notification of future owners of their maintenance responsibilities.
(d)
The agreement shall acknowledge that the road surface and easement area are privately owned and therefore all construction and improvements within the easement will be contracted and paid for by the private road association.
(e)
Methods of apportioning maintenance costs.
[1]
Original users. The easement maintenance agreement shall describe the method by which maintenance costs and costs of improvements will be apportioned by the original users.
[2]
Apportioning costs to subsequent users. The easement maintenance agreement shall describe the method for apportioning subsequent users for proportionate share of the maintenance costs and costs of improvements.
[3]
The easement maintenance agreement shall indicate that the method of apportioning costs applies whether the subsequent users are a result of:
[a]
Extension of the private road beyond its initial length;
[b]
Connection to another private road; or
[c]
Division of property that is to be served by the private road.
(f)
Continuing obligation. The easement maintenance agreement shall specify that obligation to maintain the easement shall be an obligation running with the land to be served by the private road, and shall be binding upon the owner(s) of such land and their heirs, successors, and assigns.
(g)
The agreement shall specify, placing on notice all future purchasers, mortgagees and others with possible interest in the development, that the Township will not approve any building permits for construction on any parcel before it is served by the road in compliance with the standards set forth in this chapter.
[Added 9-19-2018 by Ord. No. Z-94]
(2)
Township responsibility. The provisions in the easement maintenance agreement shall in no way be construed to obligate the Township to perform regular inspections of the easement area or to provide necessary repairs or maintenance.
(3)
The Township shall intercede in the maintenance of a private road only if a potential health or safety hazard could be created if the road is not being maintained in accordance with Township standards. Enforcement of the maintenance agreement shall be the responsibility of each private road association.
(4)
Special assessment provision. The easement maintenance agreement shall contain a provision to permit the Township Board to authorize the repair of any private road which is not being maintained adequately to allow for safe access by users and emergency vehicles, and to assess the cost of such repair, including the cost of engineering and administration, to the owners of property served by the private road on an equal basis. The decision to authorize repair of a private road shall be at the Township Board's sole discretion in accordance with its legislative powers.
(5)
Maintenance needs. The easement maintenance agreement shall acknowledge the responsibilities of the private road association to maintain the following: surface grading and resurfacing at regular intervals, snow and ice removal, repair of potholes, maintenance of road drainage systems; maintenance of unobstructed vision at any intersection with another private or public road; annual dust control; and regular cutting of weeds and grass within the easement.
(6)
The easement maintenance agreement shall be submitted to the Zoning Administrator and reviewed by the Township Attorney. After making any necessary revisions, the easement maintenance agreement shall be recorded with the County Register of Deeds. Proof of this recording shall be submitted to the Zoning Administrator prior to any construction of the private road, including the removal of vegetation and/or soil disturbance. Any amendments to or terminations of an easement maintenance agreement must be submitted to the Township for review and approval prior to execution and recording with the County Register of Deeds.
[Amended 9-19-2018 by Ord. No. Z-94]
(7)
Any lot added to a private road existing at the time of the adoption of this chapter shall be responsible for its fair share of the road maintenance as required by the easement maintenance agreement. If the addition of new lots is not addressed by the existing agreement, or if there is no agreement, the new lot shall not be created until an easement maintenance agreement is changed to acknowledge the addition of new lots or a new agreement is created. The easement maintenance agreement shall meet the requirements of this section.
J.
Extension and/or improvements of an existing private road. An existing private road that is not in compliance with current standards or the requirements of this section may be extended or improved, provided:
(1)
The private road shall be upgraded to current Livingston County Road Commission standards, at the direction of the Township Engineer, to safely carry the expected traffic load and provide year-round access to adjoining properties, including access by emergency vehicles. Upon approval, the aforementioned road must also meet all applicable Township, county and state road construction specifications.
(2)
The applicant(s) requesting such extension(s) or improvement(s) shall assume the financial responsibility for covering the entire costs associated with the design and construction of a road extension or improvement, unless an alternate method of shared costs is developed and unanimously agreed upon as an amendment to the maintenance agreement by all existing property owners served by the private road and the applicant. The amendment shall be recorded and submitted to the Zoning Administrator before final approval of the road extension and/or improvements.
(3)
All legal and financial details regarding alternative methods of apportioning costs for the extension(s) or improvement(s) of a private road shall be negotiated between the applicant and the existing property owners served by the road. Putnam Township shall not be responsible for any costs for extensions or improvements made to private roads.
(4)
Notwithstanding the above, if the owners of a conforming private road that complies in all respects with the requirements of this section opt to upgrade or improve the road, the plans, which shall in all respects conform to the requirements of this section, shall be reviewed, and upon a recommendation of approval from the Township Engineer and planner, approved administratively by the Zoning Administrator. It shall be the responsibility of the owners of the private road to show that the existing road is in complete conformance with the requirements of this section.
K.
Commercial access. Commercial properties shall not gain direct access from a private road that is already serving residential properties unless the request to gain access is approved unanimously by all existing property owners served by the road.
L.
Additional parcels to an existing nonconforming private road or conforming private road. Lands directly abutting an existing nonconforming private road or conforming private road, if divided in accordance with Chapter 200, Land Division, of the Code of the Township of Putnam and the Michigan Land Division Act (1997 P.A. 87, as amended),[1] may obtain access to the private road subject to the following provisions:
(1)
If the parcel is located on a conforming Class A private road, the parcel may be added, subject to any additional conditions and requirements as per the Michigan Land Division Act, 1997 P.A. 87, as amended.
(2)
If the parcel is on a nonconforming Class A private road, the parcel may be added if the road is extended and/or improved to a conforming Class A road, in accordance with this section.
(3)
If the parcel is on a nonconforming or conforming Class B private road and the result of the land division is such that the number of parcels served by said road is increased to a total of seven parcels or more, the parcel may be added if the entire road is extended and/or improved to a conforming Class A road, in accordance with this section.
(4)
If the parcel is on a nonconforming Class B private road and the result of the land division is such that the number of parcels served by the road remains at or below a total of six parcels, the parcel may be added if the road is extended and/or improved to a conforming Class B road, in accordance with this section.
(5)
The petitioner may add the parcel without upgrading the road if at least 75% of the other owners vote to allow the parcel to be added. Should the vote fail, then Subsection L(1), (2), (3) or (4) above, as applicable, shall apply in full. Should the vote pass, the petitioner is still responsible for any extension of the private road to the new lot.
(6)
If the parcel is on a conforming Class B private road and the result of the land division is such that the number of parcels served by said road remains at or below a total of six parcels and no extension or improvement to the existing road is required, the parcel may be added if approved by all property owners served by the private road and a share of the original construction costs are apportioned to the added parcel according to the original formula and paid to the original property owners.
(7)
The deed to any parcels added to an existing, improved or extended private road shall be recorded as subject to the easement agreement and maintenance agreement.
[1]
Editor's Note: See MCLA § 560.101 et seq.
M.
Existing streets without easement and/or maintenance agreements. Prior to improvement, extension, or adding parcels to any existing private street approved prior to adoption of this chapter, which does not have a legally enforceable easement and/or maintenance agreement conforming to this section, the owners shall submit an easement and/or maintenance agreement for review by the Township Attorney. The easement and/or maintenance agreement shall be approved and recorded prior to approval or construction of any improvement, extension or addition of parcels to the private street.
N.
Existing private roads: appropriate remedies.
(1)
If, after appropriate investigation, the Township Engineer, the Zoning Administrator or the Fire Chief determine that any private road has become obstructed, impassable, unsafe or has deteriorated to such disrepair that the Township may not be able to supply adequate police, fire and emergency vehicle access to residences located on the private road, the zoning administrator shall give written notice of the violation to those property owners served by the private road and to the private road association, if one exists.
[Amended 9-19-2018 by Ord. No. Z-94]
(2)
If there is no reply from the property owners and/or the private road association within 21 days of notification, or repairs and corrective maintenance are not corrected or abated by the date specified, the Zoning Administrator shall request authorization from the Township Board to bring the road up to the design standards specified in this chapter, and assess owners of parcels served by the private road for the improvements according to Subsection I(4), Special assessment provision, plus an appropriate administration fee, to reimburse costs incurred by the Township, as permitted by appropriate law. No public funds of the Township shall be used to build, repair or maintain the private road.
(3)
If the property owners respond to the Township within 21 days of notification and request an extension of time, the Zoning Administrator shall review the information submitted with the reply. Upon finding that an extension is warranted because of unique circumstances and that an extension will not cause imminent peril to life, health or property, the Zoning Administrator may request the Township Board to extend the specified time limit to a date certain, if the Board concurs that the reply indicates that the violation shall be corrected or abated by the date certain and that all future maintenance will comply with the regulations as set forth herein.
O.
Timing of construction of shared driveways or private roads for land divisions. The construction, extension or improvement of any shared driveways or private roads in conjunction with a land division application under Chapter 200, Land Division, of this Code and the Michigan Land Division Act (1997 P.A. 87, as amended)[2] must be completed prior to final approval of the land division. The Township may require a performance guarantee pursuant to § 340-33E(4) and G(7)(f) of this Code to ensure completion of the shared driveway or private road and to ensure compliance with the proposed land division plan. Prior to final approval of the land division, the applicant must provide a shared driveway or private road easement maintenance agreement in recordable form that is approved by the Township and which must be recorded with the Livingston County Register of Deeds at the expense of the applicant. No building permits will be issued for any proposed divisions or resulting parcels until all of the requirements of this Code have been met.
[Added 9-19-2018 by Ord. No. Z-94]
[2]
Editor’s Note: See MCLA § 560.101 et seq.
P.
Exemptions. The provisions of this section shall not apply where private roads are proposed as part of site plan review required by this Code and are reviewed and approved by the Planning Commission and/or the Township Board, including, but not limited to, planned unit developments, subdivision plats, and site condominiums.
[Added 9-19-2018 by Ord. No. Z-94]
§ 340-34 Site condominiums.
A.
Purpose. The purpose of this section is to regulate the creation and use of condominiums within Putnam Township and to promote and protect the public health, safety and welfare. This section is enacted pursuant to the statutory authority conferred by the Condominium Act, P.A. 59 of 1978, as amended[1]; the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended[2]; and the Township Ordinances Act, P.A. 246 of 1945, as amended.[3]
[1]
Editor's Note: See MCLA § 559.101 et seq.
[2]
Editor's Note: See MCLA § 125.3101 et seq.
[3]
Editor's Note: See MCLA § 41.181 through 41.187.
B.
General requirements.
(1)
Condominium unit defined. A "site condominium unit" shall be a unit created by the division of land on the basis of condominium ownership which is not subject to the provisions of the Land Division Act, Public Act 288 of 1967, as amended.[4]
[4]
Editor's Note: See MCLA § 560.101 et seq.
(2)
Units shall meet zoning requirements. A site condominium unit shall be treated as a separate lot or parcel and may have buildings constructed and uses conducted thereon as allowed in the zoning district, provided the unit meets the development requirements for the zoning district in which it is located.
(3)
Relocation of boundaries. The relocation of boundaries, as described in Section 48 of the Condominium Act, shall conform to all applicable Township ordinances.
(4)
Information to be kept current. All information applicable to a condominium project shall be furnished to the Zoning Administrator and shall be kept updated until such time as certificates of occupancy for all units have been issued.
(5)
Amendment of master deed. Any proposed amendment of a master deed that would have any direct or indirect effect upon any matter reviewed or approved under this article shall be reviewed and approved by the Planning Commission prior to recording.
(6)
Issuance of zoning compliance permits. Zoning compliance permits for units shall not be issued by the Zoning Administrator until the roads servicing the condominium unit in question have been constructed and approved, and approval of county and state entities having jurisdiction can be demonstrated.
C.
Procedures.
(1)
Required review and approval. A site plan, including all the condominium documents required for the establishment of a condominium, shall be reviewed and approved by the Planning Commission in accordance with the site plan review process of Article XIV of this chapter.
(2)
Additional filings required. Subsequent to the recording of the master deed, bylaws and deed restrictions and subsequent to the construction of improvements, the developer shall file the following information with the Township Clerk:
(a)
One Mylar copy and five prints of the as-built condominium subdivision plans.
(b)
Two copies of the recorded master deed, bylaws and deed restrictions with all pertinent attachments.
(c)
Certification from the developer's engineer that improvements have been installed in conformance with the approved construction drawings and monuments.
§ 340-35 Outdoor wood stoves and outdoor furnaces.
The Zoning Administrator may issue a zoning compliance permit for an outdoor wood stove or outdoor furnace located outside a building only under the following conditions:
A.
The stove/furnace shall be for the purpose of heating a dwelling and/or accessory structure(s) on the same lot.
B.
The lot shall be a minimum of two acres in area.
C.
The stove/furnace unit shall be 40 feet from any other structure.
D.
The stove/furnace unit shall be located a minimum of 100 feet from any property line.
E.
The unit shall not be located in the front yard.
F.
An area at least 30 feet in diameter around the unit shall be free of ignitable vegetation and debris.
G.
The outdoor stove/furnace shall utilize a chimney with a minimum height of 20 feet.
H.
The unit shall not constitute a nuisance to neighboring properties.
§ 340-36 Keeping and raising domestic animals.
A.
General requirements.
(1)
Animals kept for livestock must be completely enclosed in a fenced area that is of suitable height and construction to contain the animals, subject to the limitations in § 340-22 of this chapter.
(2)
All waste, including manure, shall be managed so there are no unsanitary or unsafe conditions.
(3)
Any proposed shelter shown on the site must be at minimum a rigid structure, designed to withstand normal wind and snow loads. Accessory buildings shall meet all applicable building codes.
B.
Animal units.
(1)
There shall be a limit on the keeping and raising of non-household domestic animals in the agricultural and single-family residential districts according to the number of animal units that may be kept on a single parcel or lot or upon contiguous parcels under the same ownership. For the purposes of this section, animal units shall be determined by the following table:
Animal Units | |||
|---|---|---|---|
Animal | Animal Unit Equivalent | Number of Animals Per Animal Unit | |
Slaughter or feeder cattle/buffalo | 1 | 1 | |
Horses | 1 | 1 | |
Horses (small pony or miniature: 34 inch or less at withers) | 0.2 | 5 | |
Swine (over 55 lbs.)/ostrich | 0.4 | 2.5 | |
Mature swine under 55 lbs. | 0.1 | 10 | |
Goats, sheep, llamas, alpacas | 0.1 | 10 | |
Turkeys | 0.018 | 55 | |
Laying hens and broilers | 0.01 | 100 | |
Rabbits | 0.02 | 50 | |
Other livestock | Average mature animal weight divided by 1,000 | ||
(2)
Animals shall not be counted towards animal units until they are weaned.
C.
A-O District.
(1)
On parcels smaller than 10 acres in the A-O District, the density of animal population shall be limited according to the Table of Standards for Keeping Livestock-Small Scale, below. On parcels 10 acres or greater, domestic animals may be kept and raised without restriction as to the number of animal units; however, the requirements for medium scale livestock operations or intensive livestock operations, as applicable, shall be met.
(2)
In the A-O District, previously existing lots of three acres or more may be used for animal breeding, provided that the number of mature animals does not exceed the maximum animal units allowed.
D.
Small scale livestock operations:
(1)
A small-scale livestock operation shall be defined as 10 or less animal units on a property. Generally, a small-scale operation shall be livestock kept for noncommercial (e.g., hobby, 4-H, etc.) purposes.
(2)
On property at least two acres in area within the RR, RS-1 and RS-2 Districts, or on property at least two acres but less than 10 acres in the A-O District, the noncommercial keeping of private livestock shall be limited to the following maximum combined number of animal units, as follows:
Table of Standards for Keeping Livestock — Small-Scale | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Minimum number of acres | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 or greater | |
Maximum Number of Animal Units Allowed | ||||||||||||
A-O District | 0.7 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | ||||
Single-Family Residential Districts (RR, RS-1, RS-2) | 0.5 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 10 | |
(3)
Keeping livestock on parcels less than two acres is prohibited.
(4)
Manure storage areas shall be a minimum of 75 feet from any wellhead or dwelling and 25 feet from all property lines.
E.
Medium-scale livestock operations:
(1)
A medium-scale livestock operation is defined as more than 10 but less than 25 animal units on a property; however, this definition does not include a public/commercial stable.
(2)
Medium-scale livestock operations shall be permitted in the A-O, RR, RS-1 and RS-2 zoning districts.
(3)
Minimum lot area:
(a)
A-O District: 10 acres.
(b)
RR, RS-1 or RS-2 Districts: 12 acres.
(4)
Manure storage areas shall be a minimum of 75 feet from any wellhead or dwelling and 25 feet from all property lines.
F.
Intensive livestock operations:
(1)
An intensive livestock operation is defined as 25 or more animal units on a property. An intensive livestock operation shall be permitted in the A-O District only.
(2)
Manure storage areas shall be a minimum of 75 feet from any wellhead or dwelling and 25 feet from all property lines.
(3)
Accessory buildings or structures used to house livestock or manure storage areas shall not be required to be set back from property lines at a greater distance than that required by the State of Michigan's Generally Accepted Agricultural Management Practices (GAAMPS).
(4)
The location of buildings or structures used to house intensive livestock operations and manure storage areas shall conform to all applicable GAAMPS. The State of Michigan Department of Agriculture periodically revises GAAMPS and the Michigan Department of Agriculture should be consulted for the current version of GAAMPS. Compliance with all applicable GAAMPS must be demonstrated by the property owner housing the animals.
(5)
The minimum lot size for an intensive livestock operation shall be 10 acres. Two or more contiguous animal feeding operations are deemed to be a single animal feeding operation if they are under common ownership, operation, or share a common area or system for waste disposal.
G.
Equestrian facilities and private stables.
(1)
A private stable or building housing animals associated with an equestrian facility shall not be located nearer than 75 feet to any dwelling.
(2)
The facility shall be constructed and maintained such that odor, dust, noise, or drainage shall not be a nuisance or hazard to adjoining premises.
H.
Household domestic pets (dogs and cats). In residential districts, the number of dogs and/or cats permitted on a property shall be as stated. These requirements shall not apply to dogs or cats less than six months in age.
(1)
A-O, RR, RS-1 through RS-4 and LR Districts:
(a)
Up to three dogs, cats or combination thereof may be kept on a property of one acre or less in area.
(b)
On properties greater than one acre, two additional dogs, cats or combination thereof may be kept for each additional acre of lot area, or major portion thereof (fractional acreage of 0.5 acre or above may be rounded up to the next whole acre). The maximum number of dogs, cats or combination thereof permitted on any property is 10.
(c)
Any outside enclosure, run or kennel designed for more than five dogs and/or cats shall be set back a minimum of 75 feet from any adjacent property in a residential district.
(2)
R-2, R-3 and MHC Districts. No more than one dog or one cat, or one of each, may be kept per dwelling unit.
§ 340-37 Septic systems.
All septic systems and any associated drainfield or other appurtenances shall be located wholly within the boundaries of the property containing the use served by the system.
§ 340-38 Mobile vending.
A.
General requirements.
(1)
Mobile vending units shall comply with all applicable state and county health requirements, and shall provide proof of required permits.
(2)
No mobile vending unit shall exceed nine feet in width or 18 feet in length.
(3)
A mobile vending unit may not have a freestanding sign. Flashing lights, beacons or any other attention getting means, other than a sign painted on the surface of the unit, are prohibited.
(4)
Mobile vending units may not operate between 11:00 p.m. and 6:30 a.m.
B.
Township property. A mobile vending unit shall be permitted on Township property for special events and festivals, provided that the event is approved or sanctioned by the Township Board.
C.
Mobile vending on private property.
(1)
Commercial districts. Mobile vending units are permitted on properties in the C-1 and C-2 Districts.
(2)
Residential districts. Mobile vending units shall be permitted in conjunction with the following, provided that no mobile vending unit may be located on a property for more than four consecutive days:
(a)
Special events located upon nonresidential properties (i.e., churches, schools, etc.).
(b)
Special events on residential properties, provided that the property is at least 10 acres and the event has been approved by the Township Board.
(c)
Outdoor gatherings permitted under Chapter 106, Assemblies, Outdoor, of the Code of the Township of Putnam.
(3)
Mobile vending units on private property shall obtain a permit from the Zoning Administrator and pay a fee as set by the Township Board. The permit application shall include a site plan that shows the location of the unit, the setback from property lines, the distance of the unit from any building(s), and the dates and hours of operation. The Zoning Administrator may require additional information if necessary to determine that the applicant can comply with all requirements.
(4)
A mobile vending unit in the C-1 or C-2 District must be located on a hard-surfaced parking area. All others shall be located upon a dry, durable surface that allows vehicular passage without rutting or creasing the ground. The unit and any ancillary equipment (such as tables, etc.) may not occupy more than three parking spaces and may not be located in such a manner as to prevent safe and efficient traffic movements on the parking lot.
(5)
A mobile vending unit may not be located within the required front yard.
(6)
Mobile vending units on private property are permitted only from March 15 through November 30 and must be removed from the premises at all other times.
§ 340-39 Alternative energy systems.
[Added 8-19-2009; amended 6-16-2010 by Ord. No. 46; 5-16-2018 by Ord. No. Z-92]
A.
Wind energy conversion systems.
(1)
Purpose. This section establishes requirements and procedures by which the installation and operation of an on-site service WECS shall be governed within Putnam Township.
(2)
Definitions. As used in this section, the following terms shall have the meanings indicated:
ON-SITE SERVICE WECS
A single WECS placed upon a lot or parcel with the primary intent to service the energy needs of only the structures and uses on the same lot or parcel.
WECS HEIGHT
The distance measured between the ground (at normal grade) and the highest point of a WECS (for a horizontal axis WECS, the measurement shall be to the tip of the rotor blade when the blade is in the full vertical position).
WIND ENERGY CONVERSION SYSTEM (WECS)
A combination of:
(a)
A surface area (typically a blade, rotor, or similar device), either variable or fixed, for utilizing the wind for electrical power;
(b)
A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device;
(c)
The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy, generally housed in a nacelle;
(d)
The tower, pylon, building mount or other structure upon which any, all, or some combination of the above are mounted; and
(e)
Other components not listed above but associated with the normal construction, operation, and maintenance of a WECS.
(3)
Only on-site service WECS shall be allowed. A WECS with the primary purpose of providing power to the utility grid is not permitted.
(4)
Review requirements. All WECS shall be subject to the plot plan requirements of Article XIV of this chapter.
(5)
Test equipment. The Zoning Administrator may issue a permit to erect a test tower containing anemometer equipment for testing if adequate wind potential exists on the site proposed for a WECS, provided that the tower does not exceed the height maximum allowed for a WECS on the same site. The test tower permit shall be valid for a period of up to one year.
(6)
On-site service WECS general requirements:
(a)
Except as may otherwise be required by this chapter, an on-site service WECS shall be allowed as an accessory use in any zoning district, subject to the requirements of this section.
(b)
Power rating of the WECS turbine shall not be greater than 50 kW.
(c)
The WECS shall provide energy only to the structures and uses on the same property upon which the tower is located and must be owned or leased by the owner of the same property; however, this does not prevent the distribution to the local utility company of any power that is generated beyond the needs of the structures or uses on the property. Except for the local utility company, power generated by the WECS may not be provided to any other property or entity.
(d)
No sound attributed to the WECS in excess of 55 dBA shall be discernible at the property line.
(e)
There shall be no signs on the WECS other than the name of the manufacturer, which may only be affixed to the base of the tower or to the nacelle. No sign shall exceed three square feet in area.
(f)
There shall be no lighting on or directed to the WECS, unless a beacon is required by the Federal Aviation Administration.
(g)
The WECS shall be painted in a neutral matte color, such as gray or light blue, to blend into the background. A building-mounted WECS may be painted in similar colors to those on the building.
(h)
A WECS shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over-speeding.
(i)
A WECS shall not be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or personal communication systems would produce electromagnetic interference with signal transmission or reception.
(j)
The applicant shall provide written evidence that the WECS complies with all applicable federal, state and county requirements, in addition to Township ordinances.
(k)
All WECS installations shall comply with applicable ANSI (American National Standards Institute) standards.
(l)
A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned. A WECS shall be deemed abandoned when it has not produced electrical energy for 12 consecutive months.
(m)
An existing and approved WECS may be repaired and maintained. Any new or replacement WECS must be approved via the plot plan review process. For the purposes of this subsection, a "new or replacement WECS" shall mean all of the WECS, excluding the tower or support structure.
(n)
A performance bond or letter of credit, in favor of the Township, in an amount equal to the estimated costs of the WECS removal, as determined by an engineer, shall be required prior to the erection of a WECS. Such performance bond or letter of credit shall remain in effect during and after the operation of a WECS until its operations have ceased and it has been removed.
(7)
Ground-mounted on-site service WECS.
(a)
There shall be no more than one ground-mounted WECS per parcel or lot.
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(b)
The WECS shall be located on the property so that it is set back from the nearest property line(s) a distance equal to 1 1/2 times the WECS height. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line (see graphic). No part of a single WECS shall be located within or above any required setback.
(c)
Lot area. The WECS height shall be limited by available setbacks as required in Subsection A(7)(a) above; however, no WECS height shall exceed 50 feet on a property less than one acre in area; 75 feet on a property at least one acre but less than three acres in area; or 100 feet on a property three acres in area or greater.
(d)
The minimum rotor blade tip clearance from grade shall be 20 feet.
(e)
The minimum rotor blade tip clearance from any structure shall be 20 feet.
(f)
The diameter of the rotor shall be dependent upon maximum WECS height and rotor blade tip clearance, but in no case shall it exceed 50 feet.
(g)
The tower used to support a WECS shall be adequately anchored meeting ANSI standards, as certified by an engineer.
(h)
The first six feet of the WECS shall employ an anticlimbing device or be designed to prevent climbing and unauthorized access. A fence may be required around the base of the WECS to further restrict access.
(i)
Guy wires, including guy anchors, must be located at least five feet from any property line. Guy wires are not permitted in front yard or required side or rear yard setbacks. Guy wires must be provided with a conspicuous protective sleeve, at least three inches in diameter, to a height of eight feet above ground.
(8)
Building-mounted on-site service WECS.
(a)
There may be more than one WECS mounted on a single building; however, each individual WECS shall meet all of the requirements in this subsection, and each WECS shall be separated from any other WECS no less than 10 feet, measured between the maximum extension of the rotors.
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(b)
The diameter of the rotor shall not exceed 20 feet.
(c)
The WECS height shall not exceed the maximum height for principal buildings in the district, plus 25 feet, including a minimum of five feet between the roof surface and any part of the WECS, except for the support structure.
(d)
The WECS shall be mounted so that it is set back from the nearest property line(s) a distance equal to 1 1/2 times the combined height of the WECS and the height of the portion of the structure on which it is mounted. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line (see graphic).
B.
Solar energy systems.
(1)
Purpose. This Subsection B establishes requirements and procedures by which the installation and operation of an on-site solar energy system shall be governed within Putnam Township.
(2)
Definitions. As used in this Subsection B, the following terms shall have the meanings indicated:
BUILDING-INTEGRATED PHOTOVOLTAICS (BIPVs)
A private or commercial solar energy system that is integrated into the structure of a building, such as solar roof tiles and solar shingles.
COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system where the principal design, purpose or use of such system is to provide energy to off-site uses or the wholesale or retail sale of generated electricity to any person or entity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A private or commercial solar energy system that is not attached to or mounted to any roof or exterior wall of any principal or accessory building.
PRIVATE SOLAR ENERGY SYSTEM
A solar energy system used exclusively for private purposes and not utilized for any commercial resale of any energy, except for the sale of surplus electrical energy back to the electrical grid.
ROOF- OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM
A private or commercial solar energy system attached to or mounted on any roof or exterior wall of any principal or accessory building, but excluding BIPVs.
SOLAR ENERGY SYSTEM
Any part of a system that collects or stores solar radiation or energy for the purpose of transforming it into any other form of usable energy, including but not limited to the collection and transfer of heat created by solar energy to any other medium by any means.
(3)
General requirements. All solar energy systems are subject to the following general requirements:
(a)
All solar energy systems must conform to the provisions of this chapter and all county, state, and federal regulations and safety requirements as well as applicable industry standards.
(b)
Solar energy systems shall be located or placed so that concentrated solar glare shall not be directed toward or onto nearby properties or roadways at any time of the day.
(4)
Private solar energy systems.
(a)
Private solar energy system BIPVs. Private solar energy system BIPVs shall be permitted in all zoning districts, provided such BIPVs conform to applicable county, state and federal regulations and safety requirements, including the Michigan Building Code. A Putnam Township zoning compliance permit and Livingston County building permit shall be required for the installation of any BIPVs.
(b)
Roof- or building-mounted private solar energy systems. Roof- or building-mounted private solar energy systems shall be considered an accessory use in all zoning districts, subject to the following requirements:
[1]
No part of the solar energy system erected on a roof shall extend beyond the peak of the roof. If the solar energy system is mounted on a building in an area other than the roof, no part of the solar energy system shall extend beyond the wall on which it is mounted.
[2]
No part of a solar energy system mounted on a roof shall be installed closer than three feet from the edges of the roof, the peak, or eave or valley in order to maintain pathways of accessibility.
[3]
No part of a solar energy system mounted on a roof shall extend more than two feet above the surface of the roof.
[4]
In the event that a roof- or building-mounted solar energy system has been abandoned (meaning not having been in operation for a period of one year), it shall be removed by the property owner within six months from the date of abandonment.
[5]
A Putnam Township zoning compliance permit and Livingston County building permit shall be required for installation of roof- or building-mounted private solar energy systems.
(c)
Ground-mounted private solar energy systems. Ground-mounted private solar energy systems shall be considered an accessory use in all zoning districts, subject to the following requirements:
[1]
Prior to the installation of a ground-mounted solar energy system, the property owner shall submit a site plan to the Zoning Administrator. The site plan shall include setbacks, panel size, and the location of property lines, buildings, fences, greenbelts, and road rights-of way. The site plan must be drawn to scale.
[2]
A ground-mounted solar energy system shall not exceed the maximum building height for adjacent accessory buildings, but in no case shall the maximum height of any ground-mounted solar energy system exceed 15 feet above the ground when oriented at maximum tilt.
[3]
A ground-mounted solar energy system shall be located in side or rear yards and shall meet the side and rear yard setback requirements applicable in the zoning district in which the solar energy system will be located.
[Amended 8-17-2022 by Ord. No. Z-118]
[4]
All power transmission or other lines, wires or conduits from a ground-mounted solar energy system to any building or other structure shall be located underground. If batteries are used as part of the ground-mounted solar energy system, they must be placed in a secured container or enclosure.
[5]
There shall be greenbelt screening around any ground-mounted solar energy systems and equipment associated with the system to obscure the solar energy system from any adjacent residences. The greenbelt shall consist of shrubbery, trees, or other noninvasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence (meeting the requirements of this chapter applicable to fences) may be used.
[6]
No more than 20% of the total lot area may be covered by a ground-mounted solar energy system.
[7]
In the event that a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of one year), it shall be removed by the property owner within six months from the date of abandonment.
[8]
A Putnam Township zoning compliance permit and Livingston County building permit shall be required for installation of a ground-mounted solar energy system.
(5)
Commercial solar energy systems. Commercial solar energy systems shall only be allowed in the A-O Agricultural/Open Space Zoning District as a special land use approved by the Planning Commission and the Township Board. In addition to any other requirements for special land use approval, commercial solar energy systems shall be ground-mounted and are subject to the following requirements:
(a)
The property owner or applicant for a commercial solar energy system shall provide the Planning Commission with proof of ownership of the subject property, a copy of any lease agreement for a commercial solar energy system, together with an operations agreement which shall set forth the operations parameters, the name and contact information of the certified operator, inspection protocol, emergency procedures and general safety documentation.
(b)
Commercial solar energy systems shall be located on parcels of land no less than 20 acres in size.
(c)
The commercial solar energy system shall meet the minimum front, side and rear yard setbacks of the zoning district.
(d)
The height of the commercial solar energy system and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(e)
Landscaping and/or decorative fencing (meeting the requirements of this chapter applicable to fences) shall be provided to screen the system from view on all sides.
(f)
Prior to installation, the applicant shall submit a site plan in accordance with Article XIV, Site Plan and Plot Plan Review, of this chapter, to the Planning Commission which includes where and how the commercial solar energy system will connect to the power grid.
(g)
No commercial solar energy system shall be installed until evidence has been given to the Planning Commission that the electric utility company has agreed to an interconnection with the electrical grid or a power purchase agreement. Any such agreement shall be furnished to the Planning Commission.
(h)
To ensure proper removal of a commercial solar energy system upon discontinued use or abandonment, applications shall include a description of the financial security guaranteeing removal of the system, which must be posted with the Township within 15 days after approval or before a Putnam Township zoning compliance permit is issued for the facility. The financial security shall be: a cash bond; or an irrevocable bank letter of credit or a performance bond, in a form approved by the Township. The amount of such guarantee shall be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments. The estimate shall be prepared by the engineer for the applicant and shall be subject to approval by the Township.
(i)
A Putnam Township zoning compliance permit and Livingston County building permit shall be required for installation of a commercial solar energy system.
(j)
If the owner of the facility or the property owner fails to remove or repair the defective or abandoned commercial solar energy system, the Township, in addition to any other remedy under this chapter, may pursue legal action to abate the violation by seeking to remove the solar energy system and recover any and all costs, including attorneys' fees.
§ 340-39.1 Generators and HVAC units.
[Added 2-17-2021 by Ord. No. Z-106]
Mechanical equipment, including ground-mounted generators, ground-mounted air-conditioning condensers, and ground-mounted heat pump condensers, shall meet the standards outlined below in addition to other applicable standards of this chapter.
A.
Setbacks. Mechanical equipment shall meet the minimum setbacks for principal buildings outlined below.
(1)
Lake Residential Districts. Mechanical equipment in Lake Residential Districts shall meet the minimum side-yard setbacks and may be placed up to five feet into the minimum rear- or front-yard setbacks.
(2)
All other districts. Mechanical equipment in all other districts shall meet the minimum setbacks in those districts.
(3)
Windows and openings. Generators shall be set back at least five feet from operable windows, doors, or other openings in walls. This shall be increased to match a manufacturer's specifications that is greater than five feet.
B.
Generator clearances. Generators shall meet the following minimum clearances. If any of the clearances listed below are less than the distance required by a manufacturer's specifications, the clearances required by the manufacture shall be controlling.
(1)
Wall clearance. Generators shall be at least 18 inches from any wall. This distance may be reduced if a one-hour firewall is installed and a lesser clearance is allowed in the manufacturer's specifications.
(2)
Fence panels. Generators shall be at least three feet from solid fence panels.
(3)
Overhead clearance. Generators shall have an overhead clearance of at least five feet from any structure, overhang, wall projections, or deck.
C.
Generator noise. The exhaust pipe for generators shall be directed away from windows on adjacent properties. Generators are exempt from noise standards for maintenance or during manufacturer-recommended exercising between the hours of 10:00 a.m. and 4:00 p.m. and when used during a power outage.