Ingress and egress to a parking lot, loading area, or to a use other than residential, shall not be permitted across or upon land zoned as residential. This provision shall not apply if the planning commission finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare.

Accessory buildings may not be located in a required front yard or in front of the principal building. Accessory buildings must also comply with the required side and rear yard setbacks of the district in which they are located. All accessory buildings or structures shall be architecturally and aesthetically compatible with the principal building and be located and landscaped to reduce the visual impact from surrounding properties and from public streets. Except when an accessory building is intended for the storage of private motor vehicles, accessory maintenance equipment, or other similar equipment, the accessory use shall be subject to planning commission approval. All accessory buildings and uses shall be subject to site plan review by the planning commission. Minor site plan amendments may be approved administratively by the planning director as provided for in section 7.03.2.

(Amend. of 10-21-2008)

No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that non-vicious dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Horses may be allowed as per requirements of section 3.19. All animals shall be kept and maintained so as not to create a nuisance. The maintenance of animals is further regulated by chapter 6, article I of the Shelby Township Code of Ordinances. Kennels may be allowed as a special land use in the HM, Heavy Manufacturing District subject to compliance with the requirements of Section 13.51.

(Ord. No. 212.5, § 2, 7-20-1999; Amend. of 10-21-2008; Ord. No. 212.89, 9-4-2012)

All territory which may hereafter be detached and annexed to the township shall maintain the existing or a similar zoning classification for a period of at least two years, or until rezoned by the township board.

No proposed plat of a new or redesigned subdivision shall hereafter be approved by either the township board or the planning commission, except as otherwise provided by section 2.03, unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this ordinance (see section 3.05 following), except as provided in the township's subdivision regulations. Such plat shall fully conform with the statutes of the State of Michigan, as amended, and the Subdivision Regulations of the Charter Township of Shelby.

Subject to approval of the township board and upon recommendation of the planning commission, a subdivider or developer may vary lot sizes and lot widths so as to average the minimum size per dwelling unit as required in each respective district. For the purposes of lot averaging, the following conditions shall be met:

1.

In meeting the average minimum lot size, the subdivision shall be so designed as not to create individual lots having an area or width more than ten percent below that area or width required in each respective district and shall not create an attendant increase in the number of lots.

2.

The technique of averaging minimum lot size shall be allowed only in those instances wherein the entire preliminary plat, which has received township board approval, is carried through final plat approval and is then recorded in its totality. Recording of portions of a preliminary plat shall not be allowed under this provision.

3.

All computations showing lot area and the average of said lots resulting through this technique shall be indicated on all preliminary plat drawings.

All buildings, except one-family dwellings, facing a street, including buildings located on a corner lot and having frontage on a side street, shall have exterior surface consisting of face brick or other similar decorative building material, as approved by the planning commission. This provision shall also apply to any lot fronting on a private road as defined by section 17.01. Any building with a brick facade shall not be painted or covered with another material that has not been unanimously approved by the planner, engineer, attorney and chairman of the planning commission. All plans for the reconstruction, remodeling, alteration, painting/repainting, or any other changes in the exterior or appearance of any building or structure front or fronts (other than single-family dwellings), including awnings and canopies, shall require planning commission approval. Building alterations of a minor nature may be approved administratively by the planning director as provided for in section 7.03.2.

(Amend. of 10-21-2008)

The grade of any building or structure constructed in the township shall observe the following requirements:

1.

Any structure requiring yard space, as determined by minimum site setback requirements established under this ordinance shall be located at such an elevation that a sloping grade will be maintained in order to cause the surface water to flow away from the walls of the structure. The height of the finished grade line at the center of the front of any dwelling shall be not less than 12 inches nor more than 24 inches above the curb or crown of the street where there is no curb, unless in accordance with an overall approved subdivision grading plan or necessitated to provide proper drainage or elevation for an onsite sewage system, as determined by the township engineer or Macomb County Health Department.

2.

When a new structure is to be constructed on a vacant site between two existing structures on adjacent sites, the grade shall be established in such manner as to harmonize with the respective grades of the adjoining sites so as to prevent unreasonable surface water run-off on any such adjoining sites.

3.

An established surface drainage grade shall not be altered in a manner or to an extent that would materially obstruct or deter the normal surface drainage.

(Amend. of 10-21-2008)

Any building or structure which has been wholly or partially erected on any premises, located either within or outside of this township, shall not be moved to and placed upon any other premises in this township until all applicable permits for such removal shall have been secured under article 16 of this ordinance. Any such building or structure shall fully conform to all the provisions of this ordinance in the same manner as a new building or structure.

Before a permit may be issued for moving a building or structure, the building director shall inspect same and shall determine if it is in a safe condition for moving. The building director shall also determine if it may be reconditioned to comply with the building code and other township requirements for the use and occupancy for which it is to be used. Provided these conditions can be complied with, a permit shall be issued for the moving of said building or structure.

Canopies over driveways in other than residential districts shall be a minimum of 14 feet in height, or such canopies shall be located in such manner that a driveway of no less than 20 feet in width unobstructed by such a canopy shall be provided to assure emergency vehicle access. A canopy in any district less than 14 feet in height shall have the height permanently and conspicuously posted on both sides of the canopy.

No obstruction to visibility shall be permitted on any corner site from the front lot line a distance of 25 feet or to the building setback line if that distance is less than the 25 feet. It shall be unlawful for any person to plant, maintain or allow any hedge, foliage, privacy screen, shrubbery or other substance or material which obscures visibility.

No dwelling shall be erected in any commercial, industrial or other non-residential districts. However, the sleeping quarters of a watchman or a caretaker, not constructed as a permanent dwelling or housekeeping facility, shall be in conformance with the specific requirements of the particular district in which it is a permitted use.

The construction, maintenance or existence within the township of any unprotected, unbarricaded, open or dangerous excavations, holes, pits, wells or mounds of unstable material, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued, pursuant to this ordinance, where such excavations are properly protected and warning signs posted in such manner as may be approved by the building director, and, provided further, that this section shall not apply to drains created or existing by authority of the state, county, township or other governmental agency.

Any and all fees paid or cash bonds deposited under the provisions of this ordinance shall immediately be delivered by the person receiving same to the township treasurer. In the case of such bonds, the township treasurer shall keep same in an escrow fund unless and until such bond shall be returned to the depositor or be forfeited to the township.

Surety bonds furnished under the provisions of this ordinance shall inure to the benefit of and run to the Township of Shelby.

Fences erected in other than one-family zoning districts shall require approval by the planning commission as part of site plan review. When it is determined that the addition of a fence represents a minor site plan amendment, the fence may be approved by the planning director as provided for in section 7.03.2.

The location of fences and the construction specifications shall be comply with all applicable requirements of article VIII of the Shelby Township Code of Ordinances.

All fences hereafter erected shall be of an ornamental nature. Barbed wire, spikes, nails or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in said fences, are prohibited. Barbed wire cradles may be placed on top of fences enclosing permitted rear yard storage in the general commercial and light manufacturing districts and permitted rear and side yard storage in the heavy manufacturing district and public utility buildings, as deemed necessary in the interests of public safety by the planning commission.

(Amend. of 10-21-2008)

Front setback requirements shall be in accordance with the street, road and thoroughfare classification as shown on the township's adopted master plan and Macomb County Road Commission standards, and where the plan and standards are in conflict, the planning commission shall determine which shall prevail. Building and front awning or canopy and parking lot setbacks shall be measured from the centerline of each road right-of-way in accordance with the township's master plan or as determined by the planning commission and as specified in each applicable zoning district. The T-1 transitional district off-street parking setbacks shall be the same as those of section 12.10.B.3.

Every dwelling or principal building shall be located on a lot which shall front upon an improved public or an existing private street, road or highway. The width of the lot shall comply with the requirements of the zoning district within which the lot is located.

(Amend. of 10-21-2008)

The sale or similar activity shall not be conducted for a period of more than four consecutive days. In no instance shall more than two garage sales or similar activity be held in any one location within any 12-month period. Overnight outside storage of goods or merchandise offered at said garage sale or similar activity is hereby prohibited.

(Ord. No. 212.5, § 3, 7-20-1999; Ord. No. 212.92, 5-20-2014)

Garbage, rubbish and waste shall not be piled or distributed on the open ground. All such matter or things shall be kept in enclosed containers, or tied together in bundles in the case of branches, which shall be periodically emptied in a manner of final disposal at least once every 30 days, or more frequently as needed to prevent waste from overflowing the container and from being distributed on the open ground.

(Ord. No. 212.5, § 4, 7-20-1999)

No horse shall be kept, harbored or allowed on any parcel of private land which is less than three acres. In addition to the initial requirement of three acres for the first horse, one contiguous acre shall be required for each additional horse.

No structure or building, other than a fence or screening wall, may be erected in a public or private easement unless permission is granted by the easement holder.

(Amend. of 10-21-2008)

On all lands used for one-family and two-family residences, only one principal building shall be placed on a parcel or a lot of record. This regulation shall not apply to condominiums approved pursuant to the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.). No building shall be erected on lands divided in violation of the Subdivision Control Act [Land Division Act], Public Act No. 288 of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended, or in violation of any township ordinance.

No portion of any lot or parcel used in compliance with the various provisions of this ordinance may again be used in determining site compliance with the provisions of this ordinance for any proposed additional concurrent use of such lot or parcel or portion thereof. For example, a side yard, rear yard, front yard or other open space, including required lot area per dwelling unit required by this ordinance, may not, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open space or lot area requirements for any other building.

The owner or occupant of all land, structures and/or every part thereof, shall have the duty to maintain the same in a clean and sanitary condition, free from any accumulation of dirt, filth, weeds, rubbish, garbage and vermin, and the duty not to act or omit to act so as to create or permit the existence of a nuisance as defined in this ordinance. This duty shall extend to any area of land between the site line and adjoining streets and curbs, including the abutting road right-of-way.

The measurement for determining front, rear and side setback requirements shall be made from the exterior wall of the principal building to the nearest applicable site line.

The location of all non-residential driveways, entrances and exits shall be subject to approval by the Macomb County Road Commission and by the township planning commission after considering the effects on surrounding property, pedestrian and vehicular traffic, and the movement of emergency vehicles.

No person or business shall use any sidewalk or that space between the sidewalk and curb, or any planted strips, landscaped areas, or any parking area, or any area of a road right-of-way for displaying for sale, or for any other purpose, any goods or any other articles; or leave any goods, boxes, trucks, barrels, trunks or any other article or thing in or on such areas for a longer time than is necessary for the removal thereof from the transporting vehicle into the place of business or residence to the transportation vehicle to which the sale is intended to be moved. Commercial sidewalk sales may be permitted for defined time periods by the planning director as a minor temporary use pursuant to the requirements of section 16.09.

(Amend. of 10-21-2008)

Editor's note— An amendment on Oct. 21, 2008, deleted § 3.27 in its entirety. Former § 3.27 pertained to outdoor storage and/or display lots. For a complete history of former § 3.27 see the Code Comparative Table.

Any basement dwellings, garage dwellings and/or other temporary residential structures, which have been erected or occupied, are hereby declared to be unlawful for residential purposes. In no case shall a travel trailer, motor home, automobile chassis, tent or portable building be considered a dwelling. Mobile homes shall not be used as dwellings, excepting when located in and as part of a mobile home park or when permitted in zoning districts set forth in this ordinance or when permitted by the building director as a temporary dwelling pursuant to the standards of section 3.37. All travel trailers, motor homes and mobile homes parked or stored on lands not approved for such use as herein set forth shall not be connected to sanitary facilities and shall not be occupied.

In the case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this ordinance and shall comply with the provisions thereof relative to dwellings.

(See sign section 5.05).

The intent of these requirements is to protect the health, safety and welfare of the residents and traveling public by regulating the location, installation and design of utility cabinets on public property and in public rights-of-way. These regulations are necessary to assure that public utility cabinets:

• Do not create an obstacle in any public right-of-way.

• Do not block a driver's view of the street or sidewalk.

• Do not create an attractive nuisance to children.

• Do not interfere with essential services.

• Do not detract from the streetscape.

• Protect property owner's rights to attractive, well-maintained public spaces and right-of-way, while ensuring that the legitimate needs of utility companies are met.

1.

Permit requirements. A building permit is required for the installation of a utility cabinet. Prior to approving a building permit, the building department shall refer the application to the township engineer and planning director for review and approval. The permit application shall be accompanied by a three sets of complete construction plans including a boundary survey of all land within 100 feet of the proposed utility cabinet. The survey shall be prepared by a registered land surveyor and shall inclue the following:

a.

Name, address and telephone phone number of the surveyor.

b.

Date of the drawing, north arrow and site location map.

c.

Scale of the drawing (not less than one inch equals ten inches).

d.

Lot lines and right-of-way boundaries including the location of any benchmarks or property corners found or set.

e.

Location of the proposed equipment.

f.

Location of neighboring houses, garages or other buildings, driveways, sidewalks, fences, trees, telephone poles, fire hydrants, play equipment, etc.

g.

Location of all other public utilities in the right-of-way.

h.

For ground-mounted cabinets, the elevation of the land and the surrounding property and any proposed change in elevation (based on U.S.G.S. datum).

2.

Notification requirements. At least 14 days prior to the installation of a utility cabinet, the applicant shall give notices of such installation by first-class mail to all property owners with in 100 feet of the proposed utility cabinet.

3.

Location. The placement of a utility cabinet shall observe the following setback requirements:

a.

Fifteen feet from a fire hydrant.

b.

Twenty feet from a crosswalk.

c.

Thirty feet from the approach to a stop sign or traffic control signal located at the side of the road.

d.

No cabinet shall be located so as to block egress from an emergency exit.

e.

Ten feet from the intersection of a sidewalk or street and the edge of a driveway.

f.

Seventy-five feet from the center of the intersection of two streets.

g.

Ten feet from a tree.

h.

Ten feet from a mailbox owned by the United States Postal Service.

i.

Thirty feet from a bus stop.

j.

Ten feet from an underground utility.

4.

Other requirements. Utility cabinets may be located in the public right-of-way subject to the approval of the Road Commission of Macomb County. Cabinets may be located in other public or private easements with the permission of the easement holder. Cabinets located on private property shall require the approval of the property owner.

(Amend. of 10-21-2008)

The installation or extension of all railroad lines, sidings and spurs shall be subject to prior approval of the Shelby Township board. In any case where such installation will cross a street or highway, plans shall first be submitted to the township engineer, township police department, and Macomb County Road Commission for approval.

Sanitary sewer systems shall be subject to the following regulations:

1.

Public sewer not available. In any proposed use of any site, a private sanitary disposal system and septic tank and fields shall be installed in accordance with all rules and regulations pertaining to public health and sanitation and, in particular, the rules of the Macomb County Health Department.

2.

Where public sewer available. All new structures shall be connected to such public sewer system at the time of construction. Existing structures shall be connected to such public sewer system when same is made available, as required by Public Act No. 768 of 1978, § 12753 (MCL 333.12753, MSA 14.15(12753).

3.

No outside toilet shall be permitted in connection with any site, except portable toilets approved for special events by the township board or the zoning board of appeals. Portable toilets for construction sites shall require approval from the building department [planning and zoning coordinator].

Exterior audio-visual dish antennas or receivers (a "satellite-dish antenna") with a diameter of one meter or less located in residential districts and two meters or less in commercial or industrial districts are exempt from the height and placement requirements of the zoning ordinance. Satellite dish antennas exceeding these size standards shall comply with the regulations applicable to accessory buildings when located in a single-family zoning district. In all other zoning districts, satellite dish antennas shall observe a side and rear yard setback of at least 20 feet to the property line. In no instance shall a satellite dish antenna be located in a required front yard setback. Said equipment shall also observe the required height limits applicable to the district in which they are located.

(Ord. No. 212.5, § 5, 7-20-1999)

The placement of all buildings on corner lots and lots having frontage on two or more streets shall observe the required front yard setback from all streets as required by the zoning district within which the site is located, except as modified below. This provision applies to corner lots and double frontage lots. When a rear yard abuts a side yard, the minimum width of the side yard abutting a street shall not be less than 25 feet in all single-family zoning districts. When a rear yard abuts a rear yard, the minimum width of the side yard abutting the street shall not be less than 20 feet in the R-1-A district and 15 feet in the R-1-B and R-1-C districts. This provision only applies to lots in existence prior to the adoption of this zoning ordinance. All lots created after the effective date of the zoning ordinance [October 19, 1997] are required to observe front yard setbacks from both streets.

(Ord. No. 212.5, § 6, 7-20-1999)

No site shall be used for the storage, accumulation, dumping and/or collection of waste, except upon approval by the township board in compliance with article 13 of this ordinance or as otherwise permitted under this ordinance in any district; provided, however, the depositing of dirt, sand or earth materials shall be permitted in any district in accordance with the following requirements:

1.

Any finish grade to be established shall be approved by the township engineer.

2.

The finish grade shall be graded not later than 60 days after approval of the deposits on the land, in a manner so as to prevent the collection of water and which will leave the ground surface in a condition suitable for other permitted uses within the district in which the site is located.

Trash dumpsters shall be required for all construction sites for the purpose of disposing of all construction debris. The number of required dumpsters shall be determined by the township.

Construction supplies not being used as part of a current project shall not be stored on any residential parcel.

The storage of firewood is permitted on residential lots and parcels for home heating purposes only. All firewood shall be neatly stacked on the site where it is used for home heating. The sale of firewood on residential lots and parcels is not permitted.

(Ord. No. 212.5, § 7, 7-20-1999; Ord. No. 212.92, 5-20-2014)

No motor vehicle shall be kept or stored in any zoning district, unless it shall be in operating condition and properly licensed or located inside a building. The only exception to this provision shall be licensed auto dealers or another approved use.

(Ord. No. 212.5, § 8, 7-20-1999)

In the case of an existing house fire, tornado or similar act of God, the building director may permit the temporary occupancy of a mobile home or trailer. The approval shall be for a maximum period not to exceed six months, with one extension allowed. Utilities meeting the requirements of the township or county shall be provided. The building director may also require cash deposit or letter of credit to provide for the removal of the structure when the approval is expired.

Editor's note— An amendment of Oct. 21, 2008, deleted § 3.38 in its entirety. Former § 3.38 pertained to utility approval. For a complete history of former § 3.38 see the Code Comparative Table.

Whenever any street, alley or other public way within the township shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zone district as the property to which it is attached.

Lots located between a road and a body of water shall have access to the water. The minimum width of the water access shall equal at least 40 percent of the required lot frontage for the zoning district in which the site is located.

The water supply on any site for any proposed use shall be tested and approved in accordance with the requirements of the Macomb County Health Department prior to the issuance of any occupancy permit for such site and use and, if for human and domestic consumption, it shall be found satisfactory for domestic consumption.

Front yard. The portion of a site in front of any dwelling shall be used only for ornamental landscaping, driveways and parking spaces located within such driveways, except as otherwise prohibited in this ordinance.

Side and rear yards. Side and rear yards may be used for any detached garage or accessory building other than a garage, or parking of motor vehicles, except as otherwise prohibited in this ordinance.

Editor's note— An amendment of Oct. 21, 2008, deleted § 3.43 in its entirety. Former § 3.43 pertained to zero lot line. For a complete history of former § 3.38 see the Code Comparative Table.

1.

Intent

The intent of the open space preservation option is to encourage the long-term preservation of open space and natural features and the provision of recreation and open space areas in accordance with P.A. 110 of 2006 (M.C.L. 125.3101 et seq.).

2.

Eligibility Standards

A.

In areas that are served by municipal sewers, eligible properties shall be zoned for three or fewer dwelling units per acre (R-l, R-l-A, and R-l-B). In areas which are not served by municipal sewers, eligible properties shall be zoned for two or fewer dwelling units per acre (R-l).

B.

The cluster housing development option in section 13.14 of this Ordinance also permits alternatives in the design and layout of developments in one-family residential districts. Properties that do not meet the eligibility requirements of this section or property owners that prefer an alternative to development not provided for in this section should consider the cluster housing option.

3.

Density

A.

Land meeting the above eligibility requirements may be developed with the same number of dwelling units on a portion of the site, but not more than 50 percent, that, as determined by the approving body, could otherwise be developed under existing ordinances, laws, and rules on the entire land area.

B.

All calculations of density shall be based upon the maximum number of dwelling units that could be developed under conventional development standards. To establish the maximum number of units, the applicant shall be required to submit a parallel plan (preliminary design plan). A parallel plan shall identify how a parcel could be developed, including all roads and other infrastructure improvements, under the conventional development standards of the township. All unbuildable areas and areas with limitations to development must be accurately identified on the parallel plan including but not limited to wetlands, watercourses, drains, floodplains, steep slopes, habitat areas, woodlands and similar features. The approving body shall make the determination that a parallel plan is acceptable once it meets all applicable township ordinance requirements and, based on the plan, determine the number of dwelling units that would be permitted under the open space preservation option. A separate review fee for the parallel plan shall be submitted with the application.

4.

Design Requirements

A.

A minimum of 50 percent of the gross site area shall be preserved as permanent open space in an undeveloped state.

B.

Permanent open space shall include important natural, environmental, agricultural, and/or cultural features, such as:

1.

Steep slopes,

2.

Wetlands, floodplains, natural watercourses,

3.

Woodlands,

4.

Scenic views,

5.

Agricultural or equestrian components,

6.

Historical structures, historical sites

7.

Archeological sites

8.

Recreational pathways and facilities,

9.

Buffers from major thoroughfares and more intensive land uses,

10.

Farmland, pastures and meadows,

11.

Wildlife habitat, and

12.

Similar features acceptable to the approving body.

C.

No lot shall be of an area, width or setbacks less than that required in the R-1-C zoning district. Additional modifications to lot width, area and setback standards from those specified above may be permitted if the approving body determines that a smaller minimum size is necessary to comply with the requirements of P.A 110 of 2006 (M.C.L. 125.3101 et seq.). In such cases the approving body may modify lot area and lot width requirements so as to assist in the creation of open space in order to comply with state law. In those instances where lot sizes are reduced in accordance with the open space preservation option, yard requirements for a given lot shall be governed by that zoning district which has minimum lot area and width standards that correspond to the dimensions of the particular lot.

D.

Open space areas shall be accessible to all lots in the development either directly from a pathway system or from the internal sidewalk or street network.

E.

Preserved open space shall be connected with adjacent open space, public land, and existing or planned pedestrian/bicycle paths, where feasible, as determined by the approving body. The intent of this provision is to provide for uninterrupted connections between open space, recreation areas, stream corridors, and wildlife corridors. Preserved open space on the site should utilize the most significant environmental portions of the land.

5.

Open Space Maintenance

A.

All open space shall remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

B.

All open space ownership and maintenance agreements are required shall be reviewed and approved as to form and content by Township legal counsel prior to acceptance by the approving body. The appropriateness of allowing for public use of the open space shall be considered during the review process.

C.

All open space agreements which involve donations of land to the township or which name the township as a party to any agreement shall be approved by the township board prior to final approval of the development.

6.

Review Process

A.

All proposed open space preservation option developments shall be reviewed in compliance with the appropriate procedure for the type of development (lot split, subdivision, site condominium etc.) and in accordance with the development standards in this section and other applicable ordinances.

B.

All open space preservation option plans shall include a resource inventory that contains the following:

1.

All floodplains, wetlands, and water bodies;

2.

A woodlands analysis identifying all regulated woodlands;

3.

An analysis of on-site soils and topography to identify limitations to development;

4.

An analysis of wildlife resources; and

5.

An analysis of the cultural features of the site, such as scenic views, historic structures, patterns of original farm fields, fences or stone walls, recreational uses, archeological resources and the like.

C.

The approving body shall determine that the open space preservation option plan satisfies the intent of subsection 4.B above.

(Ord. No. 212.31, 12-17-2002; Ord. No. 212.71, 9-3-2007)

Whenever a common landscaping treatment is required for a residential subdivision or condominium development, a landscaping maintenance agreement acceptable to the township attorney shall be provided as a requirement of township approval of the project.

(Amend. of 10-21-2008)

Editor's note— An amendment adopted Oct. 21, 2008, supplied provisions to be added to the Code as § 3.44. In order to maintain the numbering system of the Code, this provision has been redesigated as § 3.45 to read as set out herein.

Home occupations may be allowed in the one-family residential districts subject to the following:

A.

No persons other than residents of the home shall be engaged in such occupation.

B.

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 20 percent of the floor area of the dwelling unit (excluding the basement) shall be used for the purpose of the home occupation.

C.

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

D.

Such home occupation shall not require internal alterations or construction, outdoor storage or the use of equipment or machinery (except for office equipment and equipment used for fine arts and crafts as defined by statute) not customary in residential areas.

E.

The activities of the home occupation shall be carried out completely within such dwelling. No home occupation shall be conducted, in whole or in part, in any accessory structure, attached or detached, including garages, breezeways, porches, patios and the like.

F.

There shall be no sales of any goods, articles or services on the premises, except such as is produced by such approved home occupation.

G.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

H.

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

I.

Such home occupation shall not be carried on to an extent so as to require parking in excess of that required for the residence in which it is located.

J.

Hours of operation of a home occupation shall be limited to between 9:00 a.m. and 8:00 p.m.

K.

The home occupation shall comply with the performance standards of section 5.07 and shall not impair the residential character of the premises nor impair the reasonable use, enjoyment, and value of other residential property in the neighborhood.

L.

The sale of firearms may be allowed as a home occupation provided that the business obtains appropriate approvals and permits from the U.S. Bureau of Alcohol, Tobacco and Firearms and the Shelby Township Police Department.

(Amend. of 7-7-2009; Ord. No. 212.89, 9-4-2012)