Silver Creek Township
City Zoning Code

NONCONFORMING BUILDINGS

OR STRUCTURES, USES, AND LOTS

§ 155.050 GENERAL REQUIREMENTS.

(A) Continuance of nonconforming structures, buildings, or uses.

(1) Except where specifically provided to the contrary and subject to the provisions of this chapter, the lawful use of any building or structure or of any land or premises which is existing and lawful on the effective date of this chapter, or in the case of an amendment of this chapter, then on the effective date of such amendment, may be continued although such use does not conform with the provisions of this chapter or any amendment thereto.

(2) In addition, except where specifically provided to the contrary and subject to the provisions of this section, a building or structure which is existing and lawful on the effective date of this chapter or, in the case of an amendment of this chapter, then on the effective date of such amendment, may be maintained and continued although such building or structure does not conform with the provisions of this chapter or any amendment thereto.

(3) Any use of a building or structure which is nonconforming by reason of parking and loading provisions and which is thereafter made conforming or less nonconforming by the addition of parking and/or loading space shall not thereafter be permitted to use such additionally acquired parking and/or loading space to meet requirements for any extension, enlargement, or change of use which requires greater areas for parking and/or loading space.

(B) Building or structure under construction on effective date of chapter. Any building or structure shall be considered as an existing and lawful nonconforming use, and for purposes of this section, to have been in use for the purpose for which constructed if, on the effective date of this chapter, a building permit has been obtained therefore, if a building permit was required, and substantial construction has occurred, which may include such operations as the pouring of foundations and other work as the Zoning Administrator may deem to be substantial, and is thereafter pursued diligently to conclusion.

(Ord. passed 7-30-2015)

§ 155.051 NONCONFORMING BUILDINGS AND STRUCTURES.

(A) Enlargements or extensions.

(1) No nonconforming use of any land or structure shall hereafter be enlarged or extended beyond the area occupied when the use became nonconforming.

(2) Where the nonconforming setback of a building or structure is equal to or less than one-half of the distance required by this chapter, the nonconforming setback of the building may be extended along the same horizontal plane as the existing nonconforming setback, provided that in so doing the setback distance does not become more nonconforming. This provision shall not be construed to apply to proposed extensions of buildings that are nonconforming by reason of height.

(3) Extensions of nonconforming buildings and structures shall be limited to no greater than 50% of the original nonconforming portion of the building or structure being extended.

(B) Reconstruction or movement.

(1) A nonconforming building may be rebuilt on its same nonconforming footprint, provided it complies with as many requirements as possible of the zoning district in which it is located.

(2) Should a nonconforming building or structure be moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this chapter.

(3) Should the owner of a nonconforming building or structure take any action that causes such building or structure to be removed, either partially or fully, any reconstruction of such building or structure shall be in compliance with the requirements of the zoning district in which it is located.

(C) Expansion of nonconforming buildings or structures. Buildings or structures nonconforming by reason of height, setback, and/or parking and loading space provisions only may be extended, enlarged, altered, remodeled, or modernized when the Zoning Administrator finds that the following conditions are met.

(1) The building or structure shall comply with all height, setback, and/or parking and loading provisions with respect to such extension, enlargement, alteration, remodeling, or modernization.

(2) Such alteration, remodeling, or modernization will not substantially extend the life of any nonconforming building or structure.

(D) Restoration and repair.

(1) Subject to the provisions of this section, nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure which is unsafe.

(2) None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would strengthen or correct any unsafe condition of the building or structure.

(3) All repairs and maintenance work required to keep a nonconforming building or structure in sound condition may be made, but it shall not be structurally altered to permit the use of such building or structure beyond its natural life, except for repairs necessary to maintain public safety.

(E) Where a lawful building or structure exists at the effective date of this chapter, or an amendment thereto, that does not comply with the requirements of this chapter because of restrictions, such as lot area, coverage, width, height, or yards, such building or structure may be continued so long as it remains otherwise lawful.

(Ord. passed 7-30-2015)

§ 155.052 NONCONFORMING USES.

(A) Enlargements or extensions. No nonconforming use of any land or structure shall hereafter be enlarged or extended beyond the area occupied when the use became nonconforming, except after the approval of the Zoning Board of Appeals, approval of which shall be granted only upon considering of all of the following facts:

(1) The enlargement or extension will not substantially extend the probable duration of such nonconforming use and that all enlargements since the use became nonconforming are upon and limited to the same parcel on which the nonconforming use was located at the time of the adoption of the existing Township Zoning Ordinance;

(2) The enlargement or extension will not become a precedent for other variations in the vicinity;

(3) The enlargement or extension does not, in total, exceed 50% of the area of the originally nonconforming area;

(4) The enlargement or extension will not interfere with the use of any other properties in the vicinity for the uses for which they have been zoned, nor with their compliance with all of the provisions of this chapter; and

(5) The enlargement or extension will not interfere with the use of other properties in the vicinity for the uses for which they have been zoned, nor with their compliance with all of the provisions of this chapter.

(B) Change or abandonment.

(1) The nonconforming use of a building or structure or of any land or premises shall not be:

(a) Changed to any other nonconforming use;

(b) Re-established after it has been changed to a conforming use; or

(c) Re-established if abandoned for any reason for a period of more than 12 months. In such cases, any subsequent use shall conform to the requirements of this chapter.

(2) A nonconforming use may be determined to be abandoned if one or more of the following conditions exists, and which may be deemed by the Zoning Administrator to constitute an intent on the part of the property owner to abandon the nonconforming use, if after 12 months:

(a) Utilities, such as water, gas, and electricity to the property, have been disconnected;

(b) The property, buildings, and grounds have fallen into disrepair;

(d) Removal of equipment or fixtures which are necessary for the operation of the nonconforming use; or

(e) Other actions which, in the opinion of the Zoning Administrator, constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.

(3) The Zoning Administrator’s decision shall be subject to appeal to the Zoning Board of Appeals and it shall determine if the use was abandoned.

(Ord. passed 7-30-2015; amended 3- -2010)

§ 155.053 NONCONFORMING LOTS OF RECORD.

(A) A lot which is platted, or otherwise lawfully of record as of the effective date of this chapter, may be used as specified in the district, provided the lot can meet the requirements of the County Health Department.

(B) The main building shall be located on the lot to assure maximum compliance with all yard and setback requirements for the district in which the lot is located.

(Ord. passed 7-30-2015; Res. 19-22, passed 11-13-2019)

§ 155.054 KEEPING OF PETS AND RAISING AND KEEPING FOWL OR ANIMALS.

(A) No more than three adult dogs or cats in combination shall be kept or housed per each dwelling unit in any residential district.

(B) Any other provision of this chapter notwithstanding, the keeping, housing, raising, or use of fowl or animals, other than customary house pets of an occupant of the premises, is prohibited in the residential districts.

(C) Where such activities are pursued or conducted in any other district as it may be allowed, the following is permitted:

(1) On lots of one-half acre, but less than one acre: raising and keeping fowl and/or rabbits and/or other small animals for pets, not to exceed three per family;

(2) On lots of one acre, but less than two acres: raising and keeping fowl and/or rabbits and/or other small animals commonly raised for human consumption in numbers no greater than is required to satisfy the personal needs of the human occupiers of the premises;

(3) On lots of two acres, but less than five acres: the uses permitted by division (C)(2) above, plus one horse or one cow or one pig per acre, provided that any pig pen or building or structure housing farm animals shall be a minimum of 50 feet from any property line; and

(4) On lots of five acres or more: the uses permitted by divisions (C)(2) and (C)(3) above, plus one additional head of horse, cow, pig, or other large domestic animal for each additional one-half acre above the first five acres; provided that any pig pen or building or structure housing farm animals shall be a minimum of 50 feet from any property line.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.055 PRIVATE EASEMENT/PRIVATE ROAD.

(A) Generally. The township has hereby determined that as large tracts of land are divided, sold, transferred, and developed; private access roads are being created to provide access to the newly divided properties which are not subject to regulation under the Michigan Subdivision Control Act of 1967 and other state regulations. The township determines it is in the best interest of the public health, safety, and welfare to regulate the construction, improvement. Extension, relocation, and use of private roads to assure:

(1) That private roads are designed with width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.

(2) That private roads are constructed of suitable materials to ensure minimal maintenance and safe passage.

(3) That private roads will be constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the Township.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PRIVATE ROAD. A road under private ownership which has been constructed upon a private road easement for the purpose of providing access to five or more parcels of land.

PRIVATE ROAD EASEMENT. A private road that provides access solely to four parcels of land and does not require the private road to be constructed.

(C) Private road easement; minimum width. A private road easement which only provides access to a maximum of four single-family lots or dwelling units may have a minimum width of 40 feet. The center of the traveled portion of the road shall be located in the center of the easement.

(D) General requirements to private road easement/private road.

(1) A private road shall not be constructed, except in accordance with the standards and requirements of this section and must meet Cass County Road Commission specifications.

(2) If an existing private road is proposed to be extended then the existing portion shall be improved, along with the new portion, to meet the standards and requirements of this section and must meet Cass County Road Commission specifications.

(3) Private roads are permitted in all zoning districts.

(4) Private road easements/private road shall not interconnect with the public street network in a manner that will preclude the extension of public streets if necessary to further the logical, orderly and efficient development of the overall public street network.

(5) Private roads that may be exempt from this section are those private roads that would be subject to site plan review per this section, such as but not limited to: planned unit development, manufactured housing park, shopping centers.

(E) Minimum standards for private road.

(1) (a) A private road shall be located within a private road easement. Such easement shall not be less than 66 feet in width.

(b) The center of the traveled portion of the road shall be located in the center of the private road easement.

(2) At the dead end of such easement, the easement shall widen such that there is space adequate to provide for a turnaround to accommodate emergency and maintenance equipment.

(3) A parcel shall have frontage on the private road easement which is at least equal to the minimum parcel width required for the zoning district in which the parcel is located.

(4) A private road easement/private road shall intersect and connect to a public road. A private road easement/private road shall not be approved which accesses a public road by another private road easement/private road.

(5) A private road shall be constructed or extended when a private road easement serves five or more parcels.

(6) A private road shall be given a street name that is not the same or similar to any other street name in the county, to be verified by Cass County Road Commission. A street sign meeting Cass County Road Commission standards shall be erected and maintained by the applicant where such private road intersects any public road.

(7) A dwelling unit on a private road shall display a house number, minimum of three inches in height, in a manner so that the number is at all times readily visible from the private road.

(8) In determining the location of a private road easement, consideration shall be given to safety of traffic entering and exiting the private road easement in relationship to the public road.

(F) Road maintenance agreement. The owner(s) and any other parties with legal interest in the proposed private road shall provide to the township, a road maintenance agreement, access easement agreement, list of parcel numbers, and deed restrictions, all must be recorded with Cass County, which shall provide for the perpetual private maintenance of such roads and/or easements to a necessary and reasonable standard to serve the parties having an interest in the private road. These documents shall, at a minimum, contain the following provisions:

(1) A method of initiating and financing of such road in order to keep the road is a reasonably good and usable condition that will not constitute a danger to the health, safety, and welfare of the inhabitants of the township and are readily accessible to and usable by emergency vehicles in all types of weather.

(2) A workable method of apportioning the costs of maintenance and improvements, including the potential of future paving.

(3) A notice that no public funds of the township are to be used to build, or maintain the private road. All costs shall be the responsibility of the property owners.

(4) Easements to the public for purposed use of utilities, emergency and other public vehicles for whatever public services are necessary.

(5) A provision that the owners of any and all of the property using the road shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen, and others bound to tor returning from any of the parcels having a right to use the road.

(6) That any structures or parcels thereafter created or constructed on the private road shall also be subject to the road maintenance and that said agreement shall run with the land.

(G) Procedure for private road. An application to establish or extend a private road shall be filed with the township along with a fee as set by the Township Board. The application shall contain or be accompanied by the following information:

(1) The name(s) of the owners and any other parties having any legal interest in the private road and the parcels across which it is to be constructed.

(2) Parcel numbers of the parcels over which the private road is to be constructed.

(3) A scaled drawing showing the location, grade, elevation, route, dimensions, specifications and design of the private road and any proposed extensions of the road, existing or proposed curb cuts and the location and distance to any public street which the private road is to intersect.

(4) A scaled drawing illustrating the proposed lot division.

(5) An approved driveway permit from the Cass County Road Commission.

(6) A statement from the Cass County Road Commission indicating there is no known duplication of the proposed private road name.

(7) The permit application, drawings and other required information shall be reviewed by the Zoning Administrator for completion and then go before the Planning Commission for a decision.

(H) Final compliance requirements.

(1) Upon completion of the private road, the following shall be on file with the township:

(a) A letter from the Cass County Road Commission that the road has been constructed in compliance with Cass County Road Commission specification;

(b) Documentation that the road maintenance agreement, access easement and deed restrictions have been recorded with the Cass County Register of Deeds office;

(c) A driveway permit for the private road from the Cass County Road Commission or the State of Michigan Highway Department, whichever applies;

(d) A verification letter from the Cass County Road Commission that the new street name is not the same or similar to any other street name in the county; and

(e) Planning Commission minutes and/or signatures verifying approval.

(2) Upon verification of all items required for final compliance, the Township Supervisor shall issue a letter of final approval.

(I) Permits for dwellings on private road. A building permit shall not be issued for any principal dwelling which derives its primary access from a private road unless a letter of final approval of the private road has been issued.

(J) Township liability. The owner(s) of the private road agree by applying for and securing approval to construct the private road that they shall indemnify and save and hold the township harmless from all claims for personal injury and/or property damage arising out of the failure to properly construct, maintain, repair and replace the private road. Such wording shall appear on the application for approval and be signed by the applicant.

(Ord. passed 7-30-2015; amended 11- -2007; Ord. 16-02, passed 11-9-2016)

§ 155.056 STORAGE AND REPAIR OF VEHICLES.

(A) The carrying out of repair, restoration, and maintenance procedures or projects on vehicles in any residential district, when such work is not conducted entirely within the interior of a building, shall be subject to the following limitations.

(1) Procedures or projects exceeding 48 hours in duration or which require the vehicle to be immobile or inoperative in excess of 48 hours shall be carried out within a garage. Only one such period shall be permitted within a single 30-day period.

(2) Inoperative or unlicensed vehicles and vehicle parts shall be stored inside a building.

(B) It shall be unlawful for the owner, tenant, or lessee of any lot in a residential district to permit the open storage or parking outside of a building of:

(1) Mobile homes not used as dwellings (except as may be permitted in § 155.028); and/or

(2) Semi-tractor trucks and/or semitrailers, bulldozers, earth carriers, cranes, or any other similar equipment or machinery, unless parked thereon while in use in construction being conducted on such lot.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.057 LIGHTING.

(A) All lighting upon any premises, regardless of the district, shall be arranged so that such lighting does not produce any glare which is a nuisance or annoyance to residents or occupants of other premises or to the traveling public on public roadways.

(B) Light fixtures shall be no higher than 20 feet and shall be provided with light cut-off fixtures that direct light downward. For parking lots serving a single building or groups of related commercial, industrial, or office buildings in excess of 100 spaces, the Planning Commission may permit a higher light fixture in selected locations within the parking lot where existing or planned residential areas will not be affected.

(Ord. passed 7-30-2015)

§ 155.058 MAINTENANCE OF LANDSCAPING AND BUFFERS.

(A) The owner of the land on which landscaping or buffers have been required by this chapter or by action of the township, pursuant an approval granted by this chapter or other township ordinances, shall initially plant or cause to be planted the landscaping and/or buffer and shall, thereafter, make and perform or cause to be made and performed all necessary maintenance and replacement for the landscaping and/or buffer.

(B) All trees or other landscape material required or used as part of the landscaping and/or buffer which is lost, dies, or is seriously damaged for any reason shall be replaced not later than the following planting season with equivalent landscape material.

(Ord. passed 7-30-2015)

§ 155.059 STORAGE OF RECREATIONAL EQUIPMENT.

Recreational equipment may be located outside of an enclosed building on any lot within a residential district.

(A) If located on an interior lot, recreational equipment shall not be located within the front yard. If located on a corner lot, recreational equipment shall not be located in the side yard facing the street. If located on a through lot, recreational equipment shall not be located in the front yard or rear yard between a public street and rear yard setback.

(B) Notwithstanding the provisions of this section, recreational equipment may be parked within a yard, but not within the required yard setback, for cleaning, loading, or unloading purposes for not more than 72 hours within a seven-day period.

(C) Recreational equipment may be used for living or housekeeping purposes for a period not exceeding 14 days in any calendar year, provided that running water or indoor sewage facilities within such equipment is not utilized and provided that the storage requirements of this section are met.

(Ord. passed 7-30-2015)

§ 155.060 FLOOR AREAS AND GRADE LEVEL.

No building or structure intended for human use or habitation shall be constructed on land which are subject to flooding or on land where a minimum of one foot between finished grade level and flood level cannot be maintained. Filling to bring to grade level is not permitted.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.061 MEDICAL MARIHUANA.

(A) A primary caregiver shall be allowed as a permitted home occupation in the Residential, R-1 and R-2, Agricultural Residential AR, and WD Waterfront Districts pursuant to compliance with the Administrative Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, Public Act 208, being M.C.L.A. §§ 333.26421 et seq. and the requirements of this section. As a permitted home occupation, it is at all times subordinate and incidental to the use of the dwelling as a residence.

(B) The requirements for a primary caregiver as a permitted home occupation shall be as follows.

(1) The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq. (“Act”), and the Administrative Rules of the Michigan Department of Community Health, (“Administrative Rules”), as they may be amended from time to time.

(2) A primary caregiver must be located outside of a 1,000-foot radius from any real property where children are regularly present, comprising specifically of: a daycare facility; a church, synagogue, or other place of religious worship; a recreational park, public community center, private youth center, playground, public swimming pool, or video arcade facility; a public or private preschool, elementary school, middle school, high school, community college, vocational or secondary school, a public or private college, junior college, or university; any and all other schools that have different name references but serve students of the same age; or housing facilities owned by a public housing authority.

(3) Not more than one primary caregiver within a single-family dwelling shall be permitted to service qualifying patients who do not reside with the primary caregiver.

(4) Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week.

(5) All medical marihuana shall be contained within the main residential structure in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or qualifying patient.

(6) All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting, and/or watering devices are located, installed, or modified that support the cultivation, growing, or harvesting of marihuana.

(7) If a room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.

(8) Nothing in this section or in any companion regulatory provision adopted in any other provision of this section is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Act and the Administrative Rules and this section. To this end, the sale, distribution, cultivation, manufacture, possession, delivery, or transfer of marihuana to treat or alleviate a qualifying patient shall only be conducted as a home occupation, and shall not be permitted in any other zoning classification of this chapter. Also, since federal law is not affected by the Act or the Administrative Rules, nothing in this section or in any companion regulatory provision adopted in any other provision of this section is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. Neither this section nor the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq., protects users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having his or her property seized by federal authorities under the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq.

(9) Patients may visit the site only during the hours of 8:00 a.m. to 8:00 p.m. No more than five patients may visit the site in any single day, and no more than two patients shall be on the premises at any one time.

(Ord. passed 7-30-2015; amended 6- -2011; Ord. 17-04, passed 5-10-2017) Penalty, see § 155.999