(a)

Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the provisions of this chapter. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived and construction is begun within six months of the effective date, said building or structure may be completed in accordance with the approved plans. Furthermore, upon completion the building may be occupied under a certificate of occupancy for the use for which the building was originally designated, subject thereafter to the provisions of article V of this chapter concerning nonconformities. Any subsequent text or map amendments to this chapter shall not affect previously issued valid permits.

(b)

Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, prosperity, and general welfare.

(c)

Relationship to other ordinances or agreements. This chapter is not intended to abrogate or annual any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this chapter. Where the regulations or standards of this chapter are more restrictive or impose higher standards or requirements than other ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(d)

Vested right. Nothing in this chapter should be interpreted or construed to give rise to any permanently vested rights in the continuation of any particular use, district, zoning classification, or permissible activities therein. Furthermore, such rights as may exist through enforcement of this chapter are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare.

(e)

Continued conformity with yard and bulk regulations. The owner of a building or the property on which it is located shall maintain all required setbacks, open space, and other minimum yard and bulk requirements for as long as the building is in existence. No portion of land area used in complying with the provisions of this chapter in connection with an existing or planned building, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.

(f)

Division and consolidation of land. No zoning lot shall hereafter be divided into two or more zoning lots and no portion of any zoning lot shall be sold, unless all zoning lots resulting from each such division or sale conform with all regulations of the zoning district in which the property is located.

(g)

Unlawful buildings, structures, site designs and uses. A building, structure, or use that did not lawfully exist at the time of adoption of this chapter shall not be made lawful solely by adoption of the ordinance from which this chapter is derived. In case any building, or part thereof, is used, erected, occupied or altered contrary to the provisions of this chapter, such building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down or abated by any legal means available to the township, and shall not be used or occupied until it has been made to conform to the provisions of this chapter. All public expenditures incurred in abating any such nuisance shall become a lien upon the land.

(h)

Voting place. The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a public election.

(Ord. of 7-16-1992, § 2.01)

Only the following uses of land, buildings, or structures shall be allowed in the township:

(1)

Uses lawfully established on the effective date of the ordinance from which this chapter is derived.

(2)

Uses for which a building permit had been issued in accordance with this chapter and the state construction code.

(3)

Permitted uses in the applicable zoning districts, subject to the requirements specified.

(4)

Conditional and special uses in the applicable zoning districts, subject conditions and requirements specified.

(5)

Temporary uses subject to the requirements specified in section 32-623.

(Ord. of 7-16-1992, § 2.02)

(a)

General requirements.

(1)

Timing of construction. No accessory building, structure, or use shall be constructed or established on a land parcel unless there is a principal building, structure, or use being constructed or already established on the same parcel of land.

(2)

Site plan approval. If submission of a site plan for review and approval is required for the principal building, structure, or use on a site, then site plan approval shall be required for the establishment of an and all buildings, structures, or uses accessory to the principal use. The site plan shall indicate the location of all proposed accessory buildings, structures, or uses.

(3)

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

(4)

Conformance with lot coverage standards. Accessory buildings and structures that physically cover a portion of the lot shall be included in computations to determine compliance with maximum lot coverage standards.

(5)

Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or street right-of-way, except as permitted in the regulations for essential services.

(6)

Use of accessory structures. Attached and detached accessory buildings or structures in residential districts shall not be used as dwelling units (except for permitted accessory structures) or for any business, profession, trade or occupation. A maximum of one private garage shall be permitted per residential zoning lot. Only vehicles owned by the current occupants of the principal structure to which it is accessory shall be stored within residential zoning districts.

(7)

Appearance. Accessory buildings and structures shall be designed and constructed in a manner compatible to the design and construction of the principal building on the site. All accessory buildings and structures shall be maintained in a manner consistent with the principal structure.

(8)

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

(b)

Attached accessory buildings.

(1)

Unless otherwise specified in this article, accessory buildings or structures that are attached to the principal building (such as an attached garage, breezeway, or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements. The floor area of any garage attached to a principal residence shall not exceed 40 percent of the floor area of the residence to a maximum of 900 square feet.

(2)

Attached accessory buildings shall not be located in any front yard or any required side yard, and shall either be flush with or recessed from any building line of the principal structure.

(3)

Attached garages may be either front-loading, side-loading, or rear-loading. Attached front-loading garages shall be recessed a minimum of five feet from the front building line. Attached side-loading garages shall either be flush with or recessed from any front or side building line. Attached rear-loading garages may be either flush with, recessed from, or extended from any rear building line, provided they do extend beyond rear setback line for that zoning district.

(c)

Detached accessory buildings.

(1)

Location and setbacks. Detached accessory buildings shall comply with the following location and setback requirements:

a.

Front yard setback. Detached accessory buildings, including garages, shall not be located in any front yard; except that the following accessory uses may be permitted in the front or side yards in commercial or industrial districts, subject to the specific approval of the planning commission: buildings for parking attendants; guard shelters; gate houses; telephone pedestals; and electric transformer pads.

b.

Side yard setback. Detached accessory buildings, including garages, shall comply with the side yard setback for the district in which they are located, but shall not be located within any side yard between the front and rear building lines.

c.

Rear yard setback. Detached accessory buildings, including garages, shall be located within a rear yard. Such detached accessory buildings may be erected in a required rear yard, but shall not be located within one foot of a rear lot line, nor encroach upon any recorded easement.

d.

Distance from other buildings. Detached accessory buildings, including garages, shall be located at least ten feet from the principal building on the site or any principal building on an adjacent lot. The zoning board of appeals may grant a variance from this requirement to allow an accessory building to be located within four feet of the principal building, upon finding that there will be no threat to public health and safety, and that fire safety standards related to the fire ratings of walls, emergency access, and similar standards are met.

e.

Setback on corner lots. On a corner lot where at least one residential structure on the same block fronts upon a street, accessory buildings shall comply with the front setback requirements for the applicable zoning district on any side that faces said street.

(2)

Size, lot coverage and number. Detached accessory buildings may occupy up to 40 percent of any required or nonrequired rear yard, provided that the total of all accessory buildings that relate to a principal structure shall not exceed a coverage of 625 square feet. In single-family zoned districts, no more than one accessory building, use or garage may be erected, except that a second accessory building not to exceed 80 square feet of ground floor area may be erected provided it meets all other requirements of this section for height, setbacks and is properly anchored.

(3)

Height.

a.

Detached accessory buildings in residential districts shall not exceed one story and 14 feet in height (as defined in this chapter).

b.

Detached accessory buildings in nonresidential districts shall not exceed the maximum height standards for the district in which they are located or the height of the principal structure, whichever is less.

(d)

Accessory structures.

(1)

General requirements. Accessory structures (for example, swimming pools, tennis courts, antennas) shall be located in the rear yard and shall comply with height, setback, and lot coverage requirements for detached accessory buildings, unless otherwise permitted in this chapter.

(2)

Solar panels. Freestanding solar panels shall be considered accessory structures and shall be located in the rear yard, subject to the setback requirements for detached accessory buildings.

(3)

Air conditioning and HVAC units. Exterior air conditioning and HVAC units shall be placed in a rear yard, and shall not be visible from any street right-of-way or an adjacent residential structure.

(Ord. of 7-16-1992, § 2.03)

(a)

Incompletely constructed structures. Any incompletely constructed structure that fails to meet any requirements of the state construction code or this chapter shall not be issued a certificate of occupancy and shall not be used as a dwelling. For the purposes of this section, a basement that does not have a residential structure constructed above it shall be considered as an incompletely constructed structure.

(b)

Caretaker residence. No dwelling shall be erected in a commercial or industrial district, except for the living quarters of a watchman or caretaker and his immediate family. Any such living quarters shall consist of a structure that is permanently affixed to the ground, constructed in accordance with the state construction code, and provided with plumbing, heating, bathroom, and kitchen facilities. Each caretaker residence shall be subject to site plan review by the planning commission and shall be considered accessory to the principal use. In no case shall such living quarters be used as a permanent single-family residence by anyone other than a watchman or caretaker and his immediate family.

(Ord. of 7-16-1992, § 2.04)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Grossly dissimilar means an immediately obvious difference apparent to professionals in the building trade, neighbors and potential residents.

Neighboring structure means any existing structure, or any proposed structure for which architectural control committee approval has been granted, which is situated on any one of the following lots, relative to the proposed construction:

(1)

Any lot within three lots, on the same side of the street on either side of the proposed construction, without regard to intersecting street lines;

(2)

Any lot within three lots of the property directly across the street from the proposed construction on the opposite side of the street, without regard to intersecting street lines; or

(3)

Any lot within two lots of the proposed construction, provided such lot is abutting a street intersecting the street upon which the proposed construction will be located and that the front elevations of the subject structures will be approximately 90 degrees to each other.

Significantly alter or remodel means any renovation, alteration, extension or expansion of the exterior building walls, roof, attachment or any other part of a residential structure, the estimated costs of which exceed 50 percent of the taxable value of the residential structure, as determined by the township assessor.

Substantially different means that a structure, when compared to another neighboring structure, differs from that structure as measured by three or more of the following five criteria:

(1)

Roof style. Roof style is determined by location and orientation of the principal ridge line and adjacent sloping sections. Different roof styles include but are not limited to gable, reverse gable, Cape Cod, gambrel, hip, mansard, flat, etc.

(2)

Roof pitch. Roof pitch is determined by measuring the ratio of vertical to horizontal units in the sloping segments of the principal section of the roof of a structure. Different roof pitches are three or more vertical units in 12 from each other including, for example, 6:12 and 9:12 or 8:12 and 11:12, etc.

(3)

Exterior material. Exterior material describes the material present on more than one-half of the exterior surface area of a structure. Different exterior materials include but are not limited to horizontal siding, vertical siding, shingles/shakes, brick, stone, and stucco, etc.

(4)

Location of major design features relative to main mass. Major design features include but are not limited to attached garages, porches, porticos, breeze ways, gables, dormers, and/or other similar major features. Different locations of major design features relative to the main mass of a structure include but are not limited to in front of, beside, on top of, and/or in some other location relative to the main mass of the structure.

(5)

Location of windows and doors relative to main mass. Windows and doors on a structure can take on various configurations. Different locations of windows and doors relative to the main mass of a structure include but are not limited to center door, off-center door, and no door, with windows on either or both sides of and/or above the door.

(b)

Purpose and intent. In order to preserve the substantial investment of property owners in single-family neighborhoods, these standards establish minimum requirements for the architectural design of single-family residential structures.

(1)

Standards are intended to encourage greater design variety and less repetition of design elements between neighboring structures, without being grossly dissimilar to the exterior design and appearance of such structures. Limiting the repetition of design elements is intended to encourage greater variety and interest in the design of individual buildings, as well as less repetition from structure-to-structure to avoid design monotony within neighborhoods.

(2)

Standards are established for materials used to finish exterior walls. These standards are intended to reduce the use of materials that are less permanent and/or that are not consistent with a residential appearance. Less permanent materials are discouraged because they tend to degrade more quickly and require greater maintenance over time. The use of more durable materials, such as brick and stone, are encouraged. Materials that tend to be easily damaged or that will quickly degrade, such as metal and plastic sidings, and materials that convey a nonresidential image, such as unfinished concrete, are discouraged.

(3)

The standards are intended to encourage substantially different neighboring structures while preventing grossly dissimilar structures, so as not to adversely affect the value of dwellings in the surrounding area, adversely affect the desirability of an area to existing or prospective homeowners, impair the stability of the environment, prevent the most appropriate use of real estate and lessen the opportunity to realize the development pattern envisioned in the township's master plan.

(c)

Application of standards.

(1)

Residential structures. Any residential structure, including manufactured dwellings not located in licensed mobile home parks, shall be erected or constructed only in compliance with the residential design standards contained in this section.

(2)

Planned developments. In the case of a planned development (PD) approved under article II, division 5 of this chapter, the standards of this section shall also be included as conditions of PD approval and applied during the review and approval of building plans and elevations submitted during the PD approval process.

(3)

Architectural control committee. An architectural control committee is hereby established, which shall consist of the chairperson of the planning commission, or the chairperson's designee, a liaison from the township board, the building official, and the township planner. The authority and responsibility of the architectural control committee to apply architectural standards to all residential development as required herein shall be entirely vested with the owner/developer of the project until the completion of all residential buildings on all lots or sites within the project.

(4)

Architectural control committee approval. No approval shall be granted by the architectural control committee of an application to erect, construct, and/or significantly alter or remodel any building or structure within the township, unless the proposed structure is determined by the architectural control committee to be substantially different but not grossly dissimilar, as herein defined, from any neighboring structure, and unless materials proposed for exterior walls comply with minimum and maximum standards set forth in this section.

(d)

General requirements. The following requirements and standards shall apply to all new and significantly altered or remodeled residential structures, including manufactured dwellings not located in a licensed mobile home park.

(1)

Compatibility with other residences. New residential structures shall be aesthetically compatible with all neighboring structures, as defined herein. To assess compatibility, the architectural control committee shall evaluate the design and position of windows, exterior wall colors and color combinations, and other features of the new structure in relation to existing nearby structures.

(2)

Area and bulk regulations. A residential structure shall comply with the height, setback, and minimum floor area requirements specified for the zoning district in which the structure is located and as follows:

a.

Manufactured dwellings not located in a licensed mobile home park shall comply with all regulations normally required for site-built housing in the zoning district in which it is located, unless specifically indicated otherwise herein.

b.

New residential structures shall be constructed on lots which comply with the requirements of section 32-599, schedule of regulations, for the zoning district within which they are constructed. However, in no case shall lots be combined and/or subdivided to achieve a lot width of greater than 60 feet for construction of a new residential structure.

c.

New residential structures shall be constructed with a maximum width to depth ratio of 2:1.

(3)

Foundation. Any residential structure shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. The foundation shall be constructed in accordance with the state construction code. A manufactured dwelling shall be securely anchored to its foundation in order to prevent displacement during windstorms. The wheels, tongue and hitch assembly, and other towing appurtenances, shall be removed before placing a manufactured dwelling on a permanent foundation. The foundation shall fully enclose the undercarriage and chassis.

(4)

Exterior building walls and materials. The exterior siding of any residential structure shall consist of materials that are generally acceptable for site-built housing, provided that the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel, and provided further that any such exterior is comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction of neighboring structures as defined herein. In addition to the requirement that a structure be found to be substantially different but not grossly dissimilar, as defined herein, the following schedule regulating exterior building walls shall apply to all structures granted approval by the architectural control committee.

Notes.

(a) All exposed exterior surfaces of a building, inclusive of window and door surfaces, shall be included in the calculation to determine the total exposed building wall area. That total area shall represent 100 percent of the exterior building wall area. Wall area includes the entire vertical surface of all exterior walls, including the flat area of a gable end, but not the facia or any part of the roof.

(b) Includes all common types of aluminum siding and all other aluminum, porcelain, stainless steel, steel or other metal siding.

(c) At least 50 percent of the total wall area of residential structures shall be finished with brick or stone. The 50 percent minimum requirement for brick or stone includes the area of all exterior walls and may be met by any combination of brick or stone on each wall, provided that the total area of all walls is at least 50 percent brick or stone.

(d) Scored block shall not be construed to be included in the category of shadow pattern or split face block. Scored block may be used for architectural accents only and shall not exceed ten percent of the exposed exterior wall area.

(e) T-111 wooden siding shall be prohibited.

(5)

Roof pitch. The pitch of the roof for residential structures shall have a minimum vertical rise of one foot for each four feet of horizontal run, and the minimum distance from the eaves to the ridge shall be ten feet, except where the specific housing design dictates otherwise (i.e., French provincial, Italianate, etc.). Flat roofs shall be prohibited for any single-family residential structure and also for permitted accessory building in residential zoning districts. Roofs shall be finished with a type of shingle or other material that is commonly used in standard on-site residential construction.

(6)

Roof overhang. Residential structures shall be designed with either a roof overhang of not less than six inches on all sides or with window sills and roof drainage systems to concentrate roof drainage at collection points along the sides of the dwelling. Concrete spill blocks shall be required for all runoff systems not connected to a public storm system.

(7)

Exterior doors. Residential structures shall have a minimum of two functional exterior doors for ingress and egress that shall not be located on the same side of the residential structure. At least one door shall be located along the front building line and shall be visible from the street fronting the residential structure.

(8)

Garage orientation. In addition to the requirement that a structure be found to be substantially different as defined herein, all new residential construction shall have either detached or attached garages. Detached and attached garages shall also comply with the requirements of section 32-619, accessory buildings and structures.

(9)

Attachments and projections. Any exterior attachments, building accessories, or extensions onto a residential structure such as entry steps and storage buildings, shall be subject to permit requirements and shall comply fully with the state construction code, this section, and other regulations of the township. Architectural features, such as eaves, overhangs, awnings, chimneys and window bays, may extend or project into a required side yard not more than two feet for each required side yard, and may not extend or project into a required front yard or rear yard more than three feet. Building accessories, such as but not limited to open porches, terraces, decks, and light control fixtures, may project into a front or rear yard up to a distance of ten feet, but shall in no case project nearer than 12 feet to any front or rear lot line. When located in a front yard or rear yard the height shall not exceed three feet above finished grade.

(10)

Storage area. Residential structures shall contain a storage area equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less. This storage area shall consist of a basement, attic or attached garage, or in a separate detached accessory structure which complies with the standards of this section regarding accessory buildings and structures. The intent of these standards is to limit the extent of outdoor storage.

(11)

Utility connections. All residential structures shall be connected to public sewer and water systems.

(12)

Dimensions for manufactured dwellings. The dimensions and placement of manufactured dwellings located outside of a licensed mobile home park shall be comparable to typical dimensions and placement of all nearby structures, as defined herein. A manufactured dwelling shall be located on the lot so that the minimum width of the front elevation is no less than 34 feet and the minimum dimension along any side or rear elevation is no less than 16 feet. If there are any extensions or additions to the front of a manufactured dwelling, the minimum width of any such secondary front elevation shall be 16 feet. Such dimensions shall be measured from the outermost extremities and shall include additions to the main body of the manufactured dwelling, such as living or recreation rooms, garages, carports, utility rooms, and the like, the front portions of which are within ten feet of the front of the main body of the manufactured dwelling.

(13)

Other regulations. Residential structures shall be constructed in compliance with applicable state, federal, or local laws or ordinances. Manufactured dwellings shall comply with the most recent regulations specified by the United states Department of Housing and Urban Development (HUD), mobile home construction and safety standards (24 CFR 3280), as amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Where there are conflicting applicable regulations, the more stringent shall apply.

(14)

Use. Residential structures shall be used only for the permitted uses in the zoning district in which they are located.

(15)

Exceptions. The standards of this section shall not apply to a manufactured dwelling located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this chapter and pertaining to such parks. Manufactured dwellings which do not conform to the standards of this section shall not be used for dwelling purposes within the township unless located within a licensed mobile home park or a manufactured housing subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this chapter.

(Ord. of 7-16-1992, § 2.05)

(a)

General requirements. Home occupations shall be subject to the requirements of the zoning district in which they are located, as well as the standards set forth in this section, unless otherwise specified elsewhere in this chapter. The following uses, by the nature of their operation, have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses are strictly prohibited as home occupations (unless otherwise permitted subject to special approval):

(1)

Animal hospitals or commercial kennels.

(2)

Antique shops.

(3)

Barbershops and beauty parlors.

(4)

Concrete, excavation, or similar contractors.

(5)

Fortunetellers (including palm or tarot card readers).

(6)

Landscape installation and maintenance businesses, including lawn mowing businesses.

(7)

Medical clinics and hospitals.

(8)

Millinery shops.

(9)

Private clubs.

(10)

Repair shops and service establishments.

(11)

Restaurants.

(12)

Snow plowing and/or removal businesses.

(13)

Vehicle or trailer rental.

(14)

Vehicle and engine repair businesses.

The list set forth in this subsection is a partial listing and does not include all uses that are prohibited as a home occupation. For a home occupation to be considered an allowable use, it must comply with all requirements of this subsection.

(b)

The general practice offices of the following professionals are generally prohibited. Home offices may be permitted, provided that the residence is used only for consultation, emergency treatment, business matters, or procedures that can be completed solely by the professional:

(1)

Accountant.

(2)

Doctor.

(3)

Insurance agent.

(4)

Lawyer.

(5)

Real estate agent.

(6)

Tax preparers.

(7)

Veterinarian.

(c)

A permit shall be required from the building official prior to establishing any home occupation.

(d)

Home occupations must be clearly incidental to the use of the dwelling as a residence.

(e)

The outdoor display or outdoor storage of materials, goods, supplies, or equipment used in the home occupation shall be strictly prohibited on the premises.

(f)

The appearance of the principal structure shall not be altered, nor shall the home occupation be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.

(g)

Only the current residents of a dwelling unit may be engaged in the home occupation on the premises.

(h)

The home occupation may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. No more than ten customers or clients shall come to the dwelling unit for services or products during any 24-hour period. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

(i)

No home occupation shall require internal or external alterations to the structure or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

(j)

Signs advertising products or services are prohibited. One nonilluminated nameplate, not more than one square foot in area, shall be permitted. Said sign shall be attached flat to the building wall, and shall display only the name and occupation of the resident on the premises.

(k)

A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater extent or frequency than would normally be generated in a similarly zoned residential district.

(l)

No home occupation shall involve the sale of regulated substances or products unless accomplished in full compliance with all applicable federal, state, and local law and/or regulations.

(m)

Any activity that is considered illegal or illicit is prohibited as a home occupation.

(n)

No home occupation shall be conducted in such a manner as to become a public nuisance.

(Ord. of 7-16-1992, § 2.06)

Temporary buildings and structures shall comply with the following requirements:

(1)

Temporary structures used for residential purposes. A building or structure may be approved for temporary residential use while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the public safety and building officials, and subject to the following conditions:

a.

Such permits may be issued by the building official for up to six months in duration and may be renewed for periods of up to three months, provided that work is proceeding in an expeditious manner.

b.

The total duration of a temporary permit for residential use shall not exceed 12 months.

c.

Temporary structures shall comply with the setback standards for the district in which they are located.

d.

The temporary structure shall be connected to public sewer and water. The building official shall approve all utility connections to any temporary structure.

e.

An approved temporary structure may be moved onto a site 14 calendar days prior to commencement of construction and shall be removed within 14 calendar days following issuance of a certificate of occupancy for the permanent dwelling.

f.

The temporary residential structure, shall be limited for use as a residence to the individuals of the family who resided in the principal structure prior to the emergency situation.

g.

The applicant shall furnish the township with a performance guarantee in the amount as currently established or as hereafter adopted by resolution of the township board from time to time to ensure prompt removal of the temporary structure.

(2)

Temporary structures used for nonresidential purposes. Temporary buildings for nonresidential use, including semitrucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a licensed contractor or licensed builder in conjunction with a construction project, and only after review and approval by the building official. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a certificate of occupancy for the project.

(3)

Permits. Pursuant to the state construction code, approval from the construction board of appeals shall be required before the building official may issue a permit for a temporary structure. Any such permit shall specify a date certain for removal of the temporary structure, but the period of approval shall not exceed 12 months.

(4)

Use as an accessory structure. A temporary residential building or structure shall not be used as an accessory building or structure, except as permitted herein.

(5)

Special events and other temporary uses. The building official may grant temporary use of land and structures for special events and other temporary uses, as defined in section 32-4, subject to all of the following conditions:

a.

Written permission for the intended use is provided from the owners of the affected property, provision of adequate off-street parking;

b.

The applicant specifies the duration of the temporary use;

c.

Electrical and utility connections are approved by the building official;

d.

The township may require a performance bond to assure proper clean-up and restoration of the site.

(6)

Conditions that apply to specific temporary uses. The following conditions apply to specific temporary uses:

a.

Carnival or circus.

1.

Maximum duration: 14 days.

2.

Operator or sponsor: nonprofit entity.

3.

Location: shall not be located in or adjacent to any developed residential area except on church, school or park property.

b.

Sidewalk display and sale of bedding plants.

1.

Maximum duration: 30 days.

2.

Location: in commercial districts only.

3.

Sidewalk coverage: shall not cover more than 50 percent of the width of a public sidewalk.

c.

Christmas tree sales.

1.

Maximum duration: 45 days.

2.

Cleanup: stumps, branches, and other debris shall be completely removed from site. Leftover trees shall be removed within one week after Christmas.

(Ord. of 7-16-1992, § 2.07)

A land use not cited by name as a permitted use within a zoning district may be permitted only upon written determination by the building official that such use is clearly similar in nature and compatible with the listed or existing uses in that district. In making such a determination, the building official shall consider the following:

(1)

Uses listed in another district. No use shall be permitted in a district under the terms of this section if the use is specifically listed herein as a use permitted by right or as a special use in any other zoning district.

(2)

Determination of compatibility. In making the determination of compatibility, the building official shall consider specific characteristics of the use in question and compare such characteristics with those of the uses that are expressly permitted in the district. Such characteristics shall include, but are not limited to, traffic generation, types of service offered, types of goods produced, methods of operation, and building characteristics.

(3)

Conditions under which use may be permitted. If the building official determines that the proposed use is compatible with permitted and existing uses in the district, the building official shall then decide whether the proposed use is permitted by right, a special use, or a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located.

(4)

Planning commission determination. In the event that the building official is unable to determine if a use should be considered a permitted use in a particular zoning district, then the determination shall be made by the planning commission. The planning commission may elect to resolve the case by initiating an amendment to this chapter.

(Ord. of 7-16-1992, § 2.08)

All lots, buildings, and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this chapter:

(1)

Minimum lot size. Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this chapter shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located.

(2)

Minimum yard setbacks. No yard setbacks in existence on the effective date of the ordinance from which this chapter is derived, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter.

(3)

Number of principal uses per lot. Only one principal building shall be placed on a lot of record, zoning lot or site in any single-family residential district.

.....

(4)

Projections into required yards. Fire escapes, fire towers, chimneys, platforms, balconies, boiler flues, and other projections shall be considered part of the building, subject to the setback requirements for the district in which the building is located. The following table identifies permitted projections in required yards:

*See additional regulations in this chapter

X = Permitted

Notes:

(a) Architectural features. Bay windows, window sills, belt courses, cornices, eaves, overhanging eaves, and other architectural features may project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend into any front or rear yard not more than 24 inches.

(b) Terraces and porches. Open paved terraces and open porches may project into a required rear yard up to ten feet, provided that the unoccupied portion of the rear yard has a depth of at least 25 feet.

(c) Access drives and walkways. Access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. Further, any walls terrace or other pavement serving a like function, shall be permitted in any required yard, provided the pavement is not higher than six inches above grade.

(d) Unenclosed porches with or without roof. Unenclosed porches may project into required front yard up to six feet, and shall maintain a minimum side yard setback of three feet.

(e) Unobstructed sight distance. No fence, wall, structure, or planting shall be erected, established, or maintained on any lot that will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway (see diagram). Fences, walls, structures, or plantings located in the triangular area described below shall not be permitted to obstruct cross visibility between a height of 30 inches and six feet above the lowest point of the intersecting roads. Trees shall be permitted in the triangular area provided that limbs and foliage are trimmed so that they do not extend into the cross visibility area or otherwise create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any driveway or road pavement within the triangular area.

(f) Unobstructed sight area. The unobstructed triangular area is described as follows:

(1) The area formed at the corner intersection of two public right-of-way lines, the two sides of the triangular area being 25 feet in length measured along abutting public rights-of-way lines, and third side being a line connecting these two sides; or

(2) The area formed at the corner intersection of a public right-of-way and a driveway, the two sides of the triangular area being ten feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two sides.

(g) Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purposes of applying lot area and setback requirements, 1½ of the width of said alley shall be considered a part of the lot. However, if a portion of the lot is occupied by an alley currently in use (i.e., not vacated), then such area shall not be used in lot area computations related to the landscaping standards.

(Ord. of 7-16-1992, § 2.09)

.....

(a)

Intent. Unimpeded, safe access to parcels of land throughout the township is necessary to provide adequate police and fire protection, ambulance services, and other public services, and to otherwise promote and protect the health, safety, and welfare of the public. The standards and specifications set forth herein are determined to be the minimum standards and specifications necessary to meet the above stated intentions.

(b)

Public access required. The front lot line of all lots shall abut onto a publicly dedicated road right-of-way.

(c)

Driveway dimensions. Driveways providing access to residential, commercial or industrial properties shall comply with the dimensional standards specified in article VI of this chapter.

(d)

Access across residential district land. Any land that is located in a residential district shall not be used for a driveway, walkway, or access purposes to any land that is located in a nonresidential district, unless such access is by way of a public road.

(e)

Service roads. If the planning commission determines that proposed or anticipated development will result in an excessive number of entrance or exit drives onto a public road, thereby creating potentially hazardous traffic conditions and diminishing the carrying capacity of the road, the commission may permit or require construction of service roads across abutting parcels and generally parallel to the arterial street to allow traffic to circulate from one parcel to another without re-entering the public road. The front edge of any such secondary access drive shall be located no closer to the road than the future right-of-way line. Such secondary access drive shall conform to the minimum specifications established by the road commission for the county.

(f)

Performance guarantee. To ensure completion of a private road or service road in conformance with the requirements set forth herein, the building official may require the applicant or owner to provide a performance guarantee, in accordance with section 32-634.

(Ord. of 7-16-1992, § 2.10)

(a)

Intent and scope of requirements. Compliance with the grading regulations set forth herein shall be required as follows:

(1)

Intent. Grading regulations are established to control the excavation and filling of land, to assure adequate drainage away from structures and to a natural or established drainage course, and to assure protection of trees on sites where grading is to take place. The regulations set forth herein also establish procedures and requirements for grading permits, inspection of finished grading operations, and penalties for violation of the grading regulations.

(2)

Scope of application. A permit shall be required in all instances where grading, excavating, filling, stockpiling, or other alteration to the land are proposed. Filling shall include the dumping of soil, sand, clay, gravel, or other material on a site. However, where minor alterations to the land that do not affect the storm drainage pattern are proposed, a grading permit shall not be required.

(b)

Grading plan procedure.

(1)

Submitted for approval. In the event that a grading permit is required, the applicant shall first submit a grading plan for review and approval by the building official. Grading plans may be submitted in conjunction with a site plan review, or may be submitted as a separate plan. Such plans shall be prepared by a registered land surveyor or civil engineer.

(2)

Standards. At a minimum, grading plans shall show grade elevations adjacent to existing and proposed structures and at the nearest side of structures on adjacent properties, and sufficient existing and proposed elevations on the site to be altered and on as much of the adjacent property as is necessary to establish the proposed surface water drainage pattern. If excavation or filling is proposed, the amount of material to be excavated or filled shall be indicated on the grading plan. All elevations shall be based on USGS datum. Elevations and location of bench marks used for determining elevations shall be shown on the plan.

(3)

Subdivision plans. For any proposed subdivision, a grading plan prepared by a registered land surveyor or civil engineer shall be submitted with the preliminary subdivision plan. The grading plan shall show the topography of the area to be platted, the existing drainage pattern, and the proposed surface water drainage pattern. Drainage easements shall be provided across private property where necessary for handling surface drainage from adjacent properties.

(c)

Grading standards.

(1)

Slope away from buildings. All buildings and structures shall be constructed at an elevation that provides a sloping grade away from the building or structure, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course. Unless insufficient space exists on a site, a minimum five percent slope away from all sides of a building or structure shall be provided for a minimum distance of ten feet.

(2)

Runoff onto adjacent properties. Newly established grades shall not permit an increase in the runoff of surface water onto adjacent properties, except through established drainage courses.

(3)

Replacement grade following demolition. If a structure or other improvements to a parcel are demolished or otherwise removed, the grade shall be returned to a condition consistent with the topography of abutting properties. Positive drainage shall be achieved throughout the parcel as to prevent the ponding of water.

(d)

Review, inspection and approval procedures. Grading plans shall be submitted by an applicant and reviewed by the building official. In the event that the grading plan is submitted in conjunction with a site plan submission, the planning commission shall review the grading plan as a part of normal site plan review. The building official shall issue a grading permit after the determination has been made that the proposed action complies with the requirements set forth herein and in other applicable township ordinances. For residential properties, compliance with a grading plan or general subdivision grade plan and permit shall be verified by the building official after visual on-site inspection. For nonresidential uses, the building official may request assistance from the township engineer in verifying compliance with grading plans and permits, with all costs for inspection to be charged to the applicant. The rough grading of any site must be completed before final inspection and issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued subject to inspection of a final grade. Final grading shall be completed no later than six months after a certificate of occupancy has been issued.

(Ord. of 7-16-1992, § 2.11)

(a)

Lighting sufficiency of common areas. Subject to the following provisions, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas:

(1)

Permitted lighting. Only nonglare, color-corrected lighting shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from all adjoining properties. The lighting source shall not be directly visible from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists (see diagram).

(2)

Intensity. In parking areas, the light intensity shall average a minimum of 1.0 footcandle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 footcandles, measured five feet above surface.

(3)

Height of fixtures. Except for public street lighting and in exceptions as noted below, lighting fixtures shall not exceed a height of 25 feet measured from the ground level to the centerline of the light source. Fixtures should provide an overlapping pattern of light at a height of approximately seven feet above ground level. The planning commission may modify these height standards in commercial and industrial districts, based on consideration of the following:

a.

The position and height of buildings, other structures, and trees on the site;

b.

The potential off-site impact of the lighting;

c.

The character of the proposed use; and

d.

The character of surrounding land use.

(b)

Lighting specifications and detail. In no case shall the lighting exceed the maximum building height in the district in which it is located.

(1)

Sign lighting. Signs shall be illuminated in accordance with the regulations set forth in the state construction code and any other applicable ordinances.

(2)

Site plan requirements. All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects.

(Ord. of 7-16-1992, § 2.12)

The dumping of waste or other materials, grading, excavating, filling, and similar "earth changes" shall be subject to the following regulations:

(1)

Dumping of waste, junk, or similar materials. The use of land for the storage, collection or accumulation of used construction materials, or for the dumping or disposal of refuse, ash, garbage, rubbish, waste material or industrial by-products shall not be permitted in any district.

(2)

Excavation. The excavation or continued existence of unprotected holes, pits, or wells that constitute or are reasonably likely to constitute a public nuisance, a danger or menace to the public health, safety, and welfare is prohibited. However, this restriction shall not apply to excavations for which a permit has been acquired, provided such excavations are properly protected with fencing, guard rails, and warning signs. The following excavations may be permitted if proper permits are acquired: excavation related to construction of a driveway, walk, a permitted wall, or building or part thereof, or movement of soil within the boundaries of a parcel for the purposes of preparing a site for building construction or another permitted use.

(3)

Dumping of soil, sand, clay, gravel or similar material. The dumping or filling with soil, sand, clay, gravel or similar earthen material (excluding waste, junk, or contaminated material) on any lot or parcel of land shall not occur unless the plans for such dumping or filling have first been reviewed and appropriate permits issued by the building official. Land within a drainage easement shall not be filled unless approved by action of the township board. Land within a street right-of-way shall not be filled unless approved by the appropriate governmental unit.

(4)

Removal of soil, sand or similar materials. Approval of the building official shall be required prior to the removal of topsoil, sand, gravel, or similar earthen material from any site in the township. A permit shall be issued only upon finding that such removal will not cause stagnant water to collect or leave the surface of the land in an unstable condition or unfit for the growing of turf and other land uses permitted in the district in which the site is located.

State law reference— Soil erosion and sedimentation control, MCL 324.9101 et seq.

(Ord. of 7-16-1992, § 2.13)

Dumpsters may be permitted or required by the planning commission as accessory to any use other than single- and two-family residential uses, subject to the following standards and conditions for location and screening of trash dumpsters:

(1)

Location. Dumpsters shall be permitted in the side or rear yard provided that no dumpster shall extend closer to the front of the lot than any portion of the principal structure, and provided further that the dumpster shall not encroach on a required parking area, is clearly accessible to servicing vehicles. Dumpsters shall comply with the setback requirements for the district in which they are located. Dumpsters shall be located as far as practicable from any adjoining residential district.

(2)

Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad shall extend a minimum of three feet in front of the dumpster enclosure.

(3)

Screening. Dumpsters shall be fully screened from view from adjoining property and public streets and thoroughfares. Dumpsters shall be screened on three sides with a permanent building, decorative masonry wall, wood fencing, or earth mound, not less than six feet in height or at least six inches above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque locking gate that is the same height as the balance of the enclosure.

(4)

Bollards. Bollards (concrete filled metal posts) or similar protective devices shall be installed at the opening of the dumpster to prevent damage to the screening wall or fence and at other locations, as required, to protect buildings, vehicles or landscaped areas from damage.

(5)

Site plan requirements. The location, design, and method of screening of dumpsters shall be detailed on all site plans.

(Ord. of 7-16-1992, § 2.14)

(a)

Public service access. All structures shall be provided with adequate access for fire, police, sanitation, and public works services.

(b)

Fire protection. All structures shall be provided with adequate fire protection, including adequate water supply for firefighting purposes, adequate internal fire suppression system, use of firewalls and fireproof materials, and other fire protection measures deemed necessary by the fire chief or building official.

(1)

Fire protection systems. The fire chief or building official shall have the authority to require fire protection and suppression systems installed in any zoning district.

(2)

Site development standards. To facilitate fire protection during site preparation and construction of buildings, consideration shall be given to the following:

a.

Water mains and fire hydrants shall be installed prior to construction above the foundation. Hydrants shall be spaced to provide adequate firefighting protection for all buildings and uses, subject to applicable codes and review by the appropriate township officials.

b.

Prior to construction of buildings and other large structures, a hard surfaced roadbed shall be provided to accommodate access of heavy firefighting equipment to the immediate job site at the start of construction. The roadbed shall be maintained until all construction is completed or until another means of access is constructed.

c.

Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers, or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

d.

The building permit holder shall provide scheduled daily cleanup of scrap lumber, paper products, corrugated cardboard and other debris. Construction debris shall be disposed of in accordance with methods approved by the building official.

(Ord. of 7-16-1992, § 2.15)

(a)

Essential services. Essential services, as defined in section 32-4, shall be permitted in any zoning district as authorized and regulated by state, federal, and local ordinances and laws. It is the intent of this chapter to exempt such essential services from those regulations governing area, height, placement, and use of land in the township where it would not be practical or feasible to comply with district requirements. Communication towers that emit wireless transmission shall be subject to site plan review and are not consider the function of an essential service. Replacement of existing essential services shall not require site plan review. Although exempt from certain regulations, proposals for the construction of new or expanded essential services shall be subject to site plan review, it being the intention of the township to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with all applicable regulations that do not affect the basic design or operation of said services.

(b)

Exemptions to height standards. The height limitations of this chapter shall not apply to chimneys, church spires, public monuments, water towers, and flag poles, provided that the following requirements are met:

(1)

Wind-driven energy devices. The maximum height of wind-driven energy devices shall be 35 feet, provided that the device is set back from all property lines a distance equal to the height of the device. Such devices shall be located in the rear yard of a residential district.

(2)

Antennas in residential districts. Private television antennas, pole antennas, and other private communication antennas or towers shall be permitted in residential districts as follows:

a.

Antennas with a wind resistance surface of seven square feet or less shall be located in the rear yard or on a rooftop, provided that freestanding antenna towers shall be set back from all property lines a distance equal to the height of the tower. Such antennas shall comply with the height standards for the district in which they are located, except as hereinafter provided.

b.

Antennas with a wind resistance surface of over seven square feet shall be located in the rear yard only, and shall be subject to the setback and height standards for the district in which they are located. Any such antennas shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.

c.

Notwithstanding the requirements of subsections (b)(1) and (2) of this section, open element and monopole antennas shall be permitted in residential districts, provided they do not exceed the maximum height allowable for the zoning district.

d.

Satellite dish antennas shall be subject to the regulations in section 32-636.

(3)

Antennas in nonresidential districts. Antennas with a wind resistance surface of seven square feet or less shall be permitted on the rooftop of any building or in the rear of a nonresidential district provided that the antennas comply with the height standard for the district in which it is located, and are obscured from view from adjacent properties and roads, to the maximum extent possible. A freestanding antenna may be located in the side yard if its visibility from adjacent properties is obscured.

(4)

Communication towers. Towers that emit wireless transmissions and exceed the height limitation for the zoning district in which they are proposed shall be subject to variance procedures as stated in subsection (5) of this section.

(5)

Variances. Variances from height standards may be sought from the zoning board of appeals. In considering such a request, the zoning board of appeals shall consider, at minimum, the character of the surrounding uses, the height of surrounding structures, the potential to obscure light or view to or from existing buildings or surrounding properties, and potential detriment to the use or value of surrounding properties.

(Ord. of 7-16-1992, § 2.16)

Sidewalks shall be subject to the requirements of chapter 24, article II, and the following regulations:

(1)

Location and width. Required sidewalks shall be five feet in width and shall be located one foot off the property line within the road right-of-way, except where a planned right-of-way is greater in width than the existing right-of-way, in which case the sidewalk shall be located one foot inside the planned right-of-way. The planning commission may modify this requirement in consideration of the location of utilities, existing landscaping, or other site improvements.

(2)

Design standards. Sidewalks shall be constructed of concrete.

(3)

Alignment with adjacent sidewalks. Sidewalks shall be aligned horizontally and vertically with existing sidewalks on adjacent properties. The planning commission may modify this requirement if existing adjacent sidewalks are not constructed in conformance with the standards set forth herein.

(4)

Maintenance. The owner of the property that fronts on the sidewalk shall be responsible for maintenance of the sidewalk, including patching cracked or deteriorated pavement, snow removal, and removal of glass and other debris. The property owner shall be liable for damages in the event that a person is injured while using a sidewalk that said property owner has not properly maintained.

(5)

Permits. It shall be the responsibility of the owner or developer to secure any required permits from township, county or state agencies to allow sidewalk construction in the road right-of-way.

(Ord. of 7-16-1992, § 2.17)

(a)

Intent and scope of requirements. To ensure compliance with the provisions of this chapter and any conditions imposed thereunder, the planning commission may require that a performance guarantee be deposited with the township to ensure faithful completion of improvements, in accordance with section 505 of Public Act No. 110 of 2006 (MCL 125.3505). Improvements for which the township may require a performance guarantee include, but are not limited to, roadways, lighting, utilities, sidewalks, screening, and drainage.

(b)

General requirements. The performance guarantee shall meet the following requirements:

(1)

The performance guarantee shall be in the form of a cash deposit, certified check, surety bond, or performance bond that names the property owner as the obligor and the township as the obligee.

(2)

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate, based on the type of performance guarantee submitted, the township shall deposit the funds in an interest-bearing account in a financial institution with which the township regularly conducts business.

(3)

The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the building official.

(4)

The entire performance guarantee, including interest accrued, shall be returned to the applicant following inspection by the building official and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent shall be held back on each component until satisfactory completion of the entire project.

(c)

Unsatisfactory completion of improvements. Whenever required improvements are not installed within the time stipulated or maintained in accordance with the standards set forth in this chapter, the township may complete the necessary improvements either through its own personnel or by contract to an outside party. All costs so incurred shall be assessed against the performance bond or other surety, including any interest accrued on said bond or surety. Prior to completing said improvements, the township shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements by requested mail at least seven calendar days in advance of initiation of completion by the township.

(Ord. of 7-16-1992, § 2.18; Ord. of 3-11-2010, § 2.18)

(a)

General requirements.

(1)

Fence materials. Fences shall consist of materials commonly used in conventional fence construction, such as wood or metal. Razor wire shall not be permitted. Fences that carry electric current are prohibited. Barbed wire may be permitted in industrial districts, provided that the barbed wire is at least eight feet above the ground, and provided further that the barbed wire shall be installed on supports that extend toward the interior of the site. Fence posts shall be sunk into the ground a minimum of three feet, and all steel or metal posts shall be encased in concrete.

(2)

Finished appearance. If, because of the design or construction, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot.

(3)

Obstruction to use of adjoining property. No fence in any district shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence be erected where it would obstruct, prevent, or interfere with the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the building official may require a fence to be set back a minimum distance from a driveway or property line.

(4)

Fence maintenance. Fences shall be maintained in good condition. Rotten or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated. If a fence is found to be in need of repair by the building official, he may issue orders to complete such repairs. Failure to comply with a written notice from the building official shall be deemed a violation of this chapter.

(5)

Location. Any fence shall be located entirely on the private property of the person constructing it. Adjoining property owners may jointly apply for a fence permit, in which case the building official may permit it to be constructed upon their common property line.

(6)

Corner clearance. Fences located on corners shall be designed to provide unobstructed sight distance for drivers in accordance with section 32-625(4).

(b)

Review and approval procedures.

(1)

Application for permit. If a fence is proposed in conjunction with a development that requires site plan review then the fence shall be shown on the site plan and shall be reviewed according to normal site plan review procedures. In all other cases, an application for permit to construct a fence shall be filed with the building official. The application shall be accompanied by a survey by a licensed surveyor and drawings or other information that illustrate the dimensions and design of the proposed fence. The survey shall clearly delineate all lot lines. All lot lines shall be permanently staked on the property.

(2)

Review by the building official. The building official shall review the fence application and supporting data with respect to the standards set forth in this chapter, the state construction code, and other applicable regulations. The building official may grant a permit to construct a proposed fence upon finding that it complies fully with all applicable regulations.

(3)

Appeal of a decision. An applicant may appeal a decision of the building official or planning commission concerning a proposed fence to the zoning board of appeals. The zoning board of appeals shall review the appeal in accordance with the standards and procedures set forth in this chapter.

(c)

Fence regulations in residential districts.

(1)

Location and height.

a.

Fences in residential districts shall not exceed four feet in height, except that a maximum height of six feet shall be permitted in or adjoining a multifamily residential district.

b.

No fence shall be permitted to extend closer to the front of the lot than the front setback line or any portion of the principal structure, whichever is greater, except as noted in this subsection (c).

c.

Fences shall be permitted along the side street lot line on corner lots between the established building line and the front lot line. Such fences shall taper from four feet in height at the building line, to two feet at the front lot line; alternately, such fences may have a uniform height of two feet.

d.

Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk.

(2)

Fences enclosing public areas. Fences that enclose public parks, playgrounds, or similar public areas located within a residential district shall not exceed eight feet in height, measured from, the surface of the ground.

(3)

Privacy screens. Fences or privacy screens may be placed on the interior of the lot in the rear yard, subject to the following:

a.

A minimum clearance of six feet shall be provided between the proposed privacy screen and any other fence, structure, or property line.

b.

Privacy screens shall not exceed six feet, six inches in height as measured from the surface of the ground.

c.

Privacy screens shall be designed to screen a selected use or area (such as a swimming pool or patio) and not the entire property line.

d.

Privacy screens shall be constructed of the materials cited previously in this section, and may also include masonry materials, subject to review and approval by the building official.

e.

Privacy screens shall be freestanding and self-supporting.

(d)

Fence regulations in nonresidential districts.

(1)

Location.

a.

Fences shall be permitted in the rear or side yards of nonresidential districts, provided that no fence shall extend toward the front of the lot than any portion of the principal structure.

b.

Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk.

c.

Fences on corner lots shall comply with the corner clearance requirements in section 32-625(4).

(2)

Height. Fences in commercial districts shall not exceed six feet in height. Fences in industrial districts shall not exceed eight feet in height, except that barbed wire shall be at least eight feet above ground, as specified in subsection (a) of this section.

(e)

Walls. This section shall in no way alter or affect the requirements for walls set forth in article VIII of this chapter.

(Ord. of 7-16-1992, § 2.19)

Satellite dish antennas may be permitted as an accessory use in any zoning district, subject to the following conditions:

(1)

Roof-mounted antennas. Roof-mounted dish antennas up to ten feet in diameter shall be permitted in commercial and industrial districts only, provided that the antennas comply with the height standards for the district in which they are located.

(2)

Ground-mounted antennas. Ground-mounted antennas up to ten feet in diameter shall be permitted in all districts subject to the following conditions:

a.

Maximum height permitted shall be 20 feet.

b.

The satellite dish structure shall be securely mounted and anchored to a pole and secured in accordance with the requirements of the manufacturer and the state construction code.

c.

If elevated off of the ground, all such antennas shall be located so that there is an eight-foot clearance between the lowest part of the dish and grade.

d.

Satellite dish antennas shall comply with setback requirements for the district in which they are located, and shall not be permitted in front yards.

e.

All electrical and antenna wiring shall be placed underground.

f.

The surface of the dish shall be painted or treated as not to reflect glare from sunlight, and shall not be used as any sign or message board. All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.

(Ord. of 7-16-1992, § 2.20)