Sparta Township City Zoning Code
MISCELLANEOUS PROVISIONS
§ 154.245 EFFECT OF ZONING.
(A) Zoning affects every structure, building and use. Except as hereinafter specified, no building, structure or lot shall be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except when in conformity with the regulations specified in this chapter and for the zoning district in which it is located.
(B) In case any building or part thereof is used, erected, altered or occupied contrary to law or to the provisions of this chapter, such building shall be declared a nuisance and may be required to be vacated, torn down or abated by any legal means and shall not be used or occupied until it has been brought into conformance.
(Ord. passed 7-12-2012, § 4.1)
§ 154.246 APPLICATION OF REGULATIONS.
(A) The regulations of this chapter and within each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
(1) All buildings, structures or land may hereafter be used, constructed, altered or occupied, only when in conformity with all of the regulations herein specified for the zoning district in which it is located.
(2) No building or other structure shall hereafter be altered:
(a) To accommodate or house a greater number of persons or families than permitted by the zoning district involved; or
(b) To have narrower or smaller rear yards, front yards or other side yards, or other than permitted.
(B) No yard or lot existing at the time of passage of this chapter shall be subdivided or reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. passed 7-12-2012, § 4.2) Penalty, see § 154.999
§ 154.247 SCHEDULE OF REGULATIONS; TABLES.
(A) (1) Regulations generally. Regulations affecting the use of buildings and land, and the bulk arrangement of buildings, materials and equipment occupying such land for each of the zoning districts are hereby established as set forth in the following table and in § 154.273 of this chapter.
(2) Use table. The table entitled “Table of Use Regulations” below shall be deemed to be part of this section (and this chapter), and is referred to herein as the “use table”.
(3) Bulk table. The table entitled “Table of General Bulk Regulations” in § 154.273 of this chapter shall be deemed to be part of this section (and this chapter), and is referred to herein as the “bulk table”.
(4) General regulations. In accordance with other township codes, ordinances and regulations duly adopted by the Township Board, and in accordance with this chapter, no building or land use activity shall hereafter be erected, relocated, altered, moved or expanded in its exterior dimension or use, and no excavation for any building shall be begun until a zoning permit has been issued. With respect to this chapter, eligibility for such a permit shall be established upon conformance with the provisions contained herein.
(5) Certificate of occupancy required. No building, dwelling or other structure, or land platted or unplatted subject to the provisions of this chapter shall be occupied, inhabited or used until a certificate of occupancy is issued.
(Ord. passed 7-12-2012, § 4.3)
(B) Appendix A, attached to the ordinance codified herein, is hereby adopted by reference and incorporated herein as if set out in full.
(Ord. passed 7-12-2012, App. A) (Ord. 15-02, passed 2-12-2015; Ord. 15-03, passed 2-12-2015)
§ 154.248 RESTORING UNSAFE BUILDINGS.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the township or the county’s Health Department.
(Ord. passed 7-12-2012, § 4.4)
§ 154.249 MINIMUM FLOOR AREA FOR DWELLING UNITS.
As shown in § 154.273 of this chapter, each new dwelling unit shall have a minimum finished interior floor area in accordance with the following standards.
(A) Single-family detached. Each new dwelling unit shall have a minimum total finished floor area of at least 720 square feet. In addition, for units of more than one story, a minimum of 720 square feet of finished floor area is required for the first floor. In the event the dwelling unit has less than 960 square feet of finished floor area, the dwelling unit must be so situated on the lot so as to have sufficient area in its rear and side yards so as to be able to construct an addition that would bring the finished total floor area up to at least 960 square feet.
(B) Attached single-family, or two-family. Each new dwelling unit shall have a minimum finished floor area of 720 square feet. In addition, for units of more than one story, a minimum of 720 square feet of finished floor area is required for the first floor.
(C) Multiple-family dwellings.
For: | Required Minimum Finished Floor Area/ Unit in Square Feet |
Efficiency | 375 square feet |
1 bedroom | 600 square feet |
2 bedrooms | 800 square feet |
3 bedrooms | 1,000 square feet |
In excess of 3 bedrooms | 1,000 square feet + 80 square feet for each additional bedroom |
(D) Sewer utilities. Each dwelling unit and principal structure shall be equipped with adequate sewage disposal facilities to comply with the county’s Sanitary Code (or successor code) in effect at the time of the erection or enlargement of said dwelling or principal structure. Where public utilities exist within 200 feet of the dwelling, the owner or developer shall be required to hook up with such system.
(Ord. passed 7-12-2012, § 4.5) Penalty, see § 154.999
§ 154.250 STRUCTURES TO HAVE ACCESS.
Every principal structure and building hereafter erected or moved shall be on a lot abutting a public street or private road.
(Ord. passed 7-12-2012, § 4.6) Penalty, see § 154.999
§ 154.251 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE PROHIBITED.
(A) In all zoning districts, not more than one building housing a permitted principal use may be erected on a single lot; except that, more than one building for business, commercial, industrial, agricultural or multi-family uses may be located on a single lot if the additional buildings are an integral part of the same business, commercial, industrial, agricultural or multi-family operation and provided that the use and the buildings otherwise comply with the provisions of this chapter.
(B) Not more than one principal use shall be conducted upon any lot or parcel of property, and only uses accessory to such principal use shall be permitted therefor.
(Ord. passed 7-12-2012, § 4.7) Penalty, see § 154.999
§ 154.252 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses shall be subjected to the following regulations.
(A) No accessory building or accessory use shall be erected or conducted in any front yard unless such accessory building or accessory use is located at least 300 feet away from the public road or private street upon which the lot involved is located.
(B) No accessory building or accessory use shall be erected or conducted within five feet of any other building or within ten feet of any property line.
(C) No accessory building shall be used for, or occupied as, a dwelling.
(D) Every single-family and two-family dwelling may provide one private garage for use by the occupants of the single- or two-family dwelling. This private garage may be attached to the dwelling or detached from the dwelling. The maximum size of such private garage shall not exceed the greater of 816 square feet or 70% of the floor area of the dwelling unit that it serves, but in no case shall the size of the private garage exceed 1,200 square feet.
(E) Every single-family dwelling and two-family dwelling may have not more than one primary accessory building and one smaller accessory building (noted below as a shed), in addition to the attached or detached garage permitted herein, provided that the following requirements are met:
(1) Accessory building height, as described below, is a measurement of side wall height, and is measured from the existing grade to the bearing point of the roof truss. Total accessory building height, measured from the existing grade to the peak of the roof, may not exceed 35 feet;
(2) On a parcel of property less than two acres in size, accessory buildings are permitted as follows:
(a) One shed, not larger than 120 square feet and not taller than 12 feet in height; and
(b) A primary accessory building that shall not exceed the total area stated as follows, as measured along the exterior walls, nor exceed the height of 16 feet.
1. A parcel one acre in size or smaller - 1,200 square feet;
2. A parcel over one acre but two acres or less in size - 1,500 square feet;
(3) On a parcel of property at least two acres in size, but less than five acres in size, accessory buildings are permitted as follows:
(a) One shed, not larger than 200 square feet and not taller than 12 feet in height; and
(b) A primary accessory building that shall not exceed the total area stated as follows, as measured along the exterior walls, nor exceed the height of 16 feet.
1. A parcel over two acres but three acres or less in size - 1,800 square feet; and
2. A parcel over three acres but less than five acres in size - 2,100 square feet.
(4) On a parcel of property at least five acres in size, but less than ten acres in size, accessory buildings are permitted as follows:
(a) One shed, not larger than 240 square feet and not taller than 12 feet in height; and
(b) A primary accessory building that shall not exceed 2,400 square feet in total area, as measured on the exterior walls, nor exceed a height of 16 feet.
(5)
On any parcel of property ten acres or more in size, three detached, accessory buildings are permitted as follows:
(a) The total square footage of all three accessory buildings shall not exceed 3,520 square feet. The area shall be measured on the exterior walls of each building.
(b) The maximum size of any single accessory building shall not exceed 3,200 square feet.
(c) The maximum height of an accessory building shall not exceed 16 feet.
(d) One of the accessory buildings shall not exceed 320 square feet in size and 12 feet in height.
With clarification that the maximum height of any accessory building is to be measured at the bearing point of the roof trusses on the exterior wall (not the bottom of the roof trusses).
(Ord. passed 7-12-2012, § 4.8; Ord. 14-01, passed 9-11-2014; Ord. 2020-01, passed - -2020; Ord. 22-4, passed 12-8-2022) Penalty, see § 154.999
§ 154.253 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in § 154.273 of this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances, since the items are usually required to be placed above the roof level and not intended for human occupancy. However, height limitations shall apply to the above-mentioned structures and to all other structures located within the Airport Overlay Zone and as regulated in §§ 154.055 through 154.058 of this chapter.
(Ord. passed 7-12-2012, § 4.9)
§ 154.254 EXCEPTIONS TO YARD SETBACK REGULATIONS.
The setback limitations contained in § 154.273 of this chapter do not apply to steps, awnings or similar facilities that may project into a minimum required yard area; provided, however, that, said facilities may not extend more than five feet into the minimum required yard area.
(Ord. passed 7-12-2012, § 4.10) Penalty, see § 154.999
§ 154.255 UNDERGROUND HOMES.
An underground home, as defined in § 154.006 of this chapter, may be approved as a special use in any residential zoning district if the Planning Commission finds that all of the following requirements are met.
(A) The structure is in complete compliance with the Building Code and all local ordinances.
(B) The structure meets all the requirements for a dwelling within the particular district (yard, setback and the like).
(C) A performance bond or other security deemed acceptable by the township is supplied to the township with the proposed architectural and site plans.
(D) The aforementioned performance bond shall include final landscaping of the site.
(E) There is no evidence of detrimental effect to adjoining property owners.
(F) The structure is certified by a licensed engineer to be in compliance with all building codes, ordinances, zoning requirements and accepted engineering principles.
(Ord. passed 7-12-2012, § 4.11) Penalty, see § 154.999
§ 154.256 MOBILE HOMES.
No person shall use or permit the use or installation of any mobile home as a permanent residence or for any other use on any lot not specifically zoned as mobile home park, except as follows.
(A) It shall be unlawful for any person to use, to park or cause to be parked any mobile home on any street, alley, highway or other public place in the township or use the same as a dwelling or any other use, either temporarily or permanently, or for overnight stops outside of a licensed mobile home park, except as provided in this section or as allowed migrant housing accessory to a farm.
(B) (1) Except in mobile home parks licensed and supervised by a duly authorized governing body, no mobile home of similar structure shall be used for dwelling purposes for more than ten days during any one year without a building permit from the Building Inspector, nor for more than four months out of a 12-consecutive-month period or any parts thereof after a building permit therefor has been first obtained from the Building Inspector. Said building permit shall be issued only after proof satisfactory to said Building Inspector shall have been submitted showing that proper toilet and sanitary facilities are available for use, that no fire hazard will be created, and that no overcrowding therein will result from such use for residence purposes at the location desired. Said permit shall be good only for the location designated thereon and for the year only when issued. A fee, as set by the Township Board for each trailer or unit, shall be paid at the time of application for said permit. The permit may be revoked by the Building Inspector if the above requirements are not maintained.
(2) In the event a mobile home or similar structure is used for dwelling purposes during reconstruction of a residential building destroyed or partially destroyed by an “act of God”, a permit shall be required from the township for such period as permitted by this section.
(C) All mobile homes used for dwelling purposes 20 feet or more in length shall be provided with two exits that shall be spaced a sufficient distance apart to ensure a means of escape in the event of fire.
(D) (1) No mobile home shall be parked between the street right-of-way in the setback of any lot for a period longer than 24 hours during any seven-day period.
(2) Any such unit parked for over 30 days adjacent to the side of a house shall in all cases observe the side and rear yard requirements of this chapter.
(3) At no time whatsoever shall there be the parking for any purpose of such a unit longer than 30 feet within a residential zone other than in a licensed mobile home park.
(E) Mobile homes are considered dwelling units but are permitted in only those areas as, specified in this section, notwithstanding the fact that the term “dwelling” is used and stated to be allowed in other areas.
(F) A mobile home may be used outside of a licensed mobile home park as a single-family dwelling within the Ag-1, Ag-2, R-1 and R-2 Zoning Districts; provided that, the following conditions are met in addition to the requirements of the zoning district in which it is placed.
(1) There shall be a minimum square feet of living area equal to that required for a site built residence or dwelling in the zoning district in which it is placed.
(2) There shall be a minimum floor to ceiling height meeting the regulations of the United States Department of Housing and Urban Development.
(3) There shall be a minimum width throughout the entire length of the mobile home of at least 22 feet measured between the exterior part of the walls having the greatest length.
(4) There shall be a foundation around the entire exterior perimeter of the mobile home of concrete or block of a minimum depth of 42 inches below grade with a maximum height of 16 inches of exposed foundation and a minimum of eight inches exposed of foundation above grade of the same design as required by the Construction Code as adopted by the township for single-family residences. Installation of the mobile home shall be pursuant to manufacturer’s specifications or the equivalent thereof including placement on piers having a depth of 42 inches below grade or a cross beam configuration on the perimeter wall provided above.
(5) There shall be a crawl space below the entire bottom of the mobile home.
(6) The mobile home shall be firmly attached to the foundation so as to be reasonably water-tight.
(7) All wheels, hitches and axles shall be removed and none of the undercarriage shall be visible from outside the mobile home.
(8) There shall be connected to the mobile home public water and sewer and/or a well or septic system approved by the county’s Health Department.
(9) No storage of any personal property (except legally operable vehicles) shall occur outside the interior of the mobile home or a garage or other accessory building as may be allowed.
(10) There shall be permanently attached to the foundation steps and/or porch areas where an elevation differential exists between any door and surrounding grade.
(11) There shall be a minimum of a double pitched roof of not less than two and one-half feet of rise for each 12 feet of run, and the roof shall be covered by either asphalt, fiberglass or shake shingles unless 20% or more of the residences, excluding mobile homes, within one-half mile have a double pitched roof of less than two and one-half feet of rise for 12 feet of run, then a double pitched roof equal to the average pitch of said 20% residences may be used.
(12) There shall be exterior siding consisting of horizontal lap siding or other siding of the same materials and attached in the same manner as allowed under the Construction Code as adopted by the township or as required by the regulations of the United States Department of Housing and Urban Development, entitled Mobile Home Construction and Safety Standards, effective 6-15-1976, as amended.
(13) There shall be no additions to the living space of the mobile home unless it meets all the requirements hereof and is built according to the same standard as the mobile home or according to the state Construction Code adopted by the township or unless allowed as a special use by the Planning Commission.
(14) There shall be a minimum of two exterior doors to provide means of ingress and egress from the mobile home.
(15) Prior to a building or zoning permit being issued, plans, floor plan layouts and certification of meeting HUD mobile home standards of the mobile home and foundation shall be presented to the township along with a site plan showing compliance herewith and with all other requirements of this chapter, including, but not limited to, the requirements of the zoning district in which it is located.
(16) The mobile home must meet standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) Regulations and titled Mobile Home Construction and Safety Standards, effective 6-15-1976, as amended.
(Ord. passed 7-12-2012, § 4.12) Penalty, see § 154.999
§ 154.257 ANTENNAS.
(A) All antennas and/or dish antennas designed to receive or transmit radio, television, satellite and/or microwave communication or the like for the lot where it is located within the R-1, R-2, R-3, R-4, Ag-1 and Ag-2 Zoning Districts and on a lot where the principal use is a single-family, two-family or multiple-family dwelling must meet all of the following requirements.
(1) The antenna and/or dish antenna shall not be placed in a front yard or required buffer zone.
(2) The antenna and/or dish antenna shall meet the side yard requirements of the zone in which it is located.
(3) The antenna and/or dish antenna shall not be closer than its height to a rear property line or a side property line in the rear yard, or a side property line in a side yard.
(4) The antenna and/or dish antenna shall be permanently anchored to a foundation with such foundation being designed by an engineer or in accordance with specifications of the manufacturer but in no case shall the foundation fail to meet the requirements of the state’s Construction Code as adopted and enforced by the township.
(5) No portion of the antenna and/or dish antenna shall conduct or display any advertising message or other graphic representation other than manufacturer’s name, which in no case shall such name cover more than one square foot in area.
(B) All antennas and/or dish antennas designed to receive or transmit radio, television, satellite and/or microwave communications, or the like within the C-1, C-2, I-1 and I-2 Zoning Districts (except for property used principally for single-family, two-family and multiple-family dwellings) must meet all of the following requirements.
(1) The antenna and/or dish antenna shall be located either on a roof of a principal building or in the rear yard or side yard, and in no event shall it be closer to a property line than one-half its height.
(2) The antenna and/or dish antenna shall be permanently anchored to a foundation or roof structure with such foundation anchoring and/or attachment being designed by an engineer or in accordance with specifications of the manufacturer.
(3) No portions of the antenna and/or dish antenna shall conduct or display any advertising, message or other graphic representation other than the manufacturer’s name, which in no case shall such name cover more than one square foot in area.
(C) Dish antennas or similar equipment have been designed to receive and/or transmit satellite, radio, television and microwave communications or the like.
(D) The township wishes to encourage the use of such dish antennas and yet reasonably regulate the same in light of clearly defined health, safety and aesthetic considerations.
(E) The height of a dish antenna exceeding 15 feet in height is aesthetically out of character with other uses within the various zoning districts and with various residential uses.
(F) The placement of dish antennas on structures or buildings that are used as dwellings or that are in certain zoning districts are aesthetically out of character with such uses and districts.
(G) Permitting uses that are aesthetically out of character promotes premature economic obsolescence and decrease in property values.
(H) (1) Dish antennas by their design and construction have a greater surface area in a more dense configuration than other antennas.
(2) The dish antennas that exceed a height of 15 feet and/or are placed in residential and agricultural zoning districts or on buildings or structures that are used as residential dwellings limits the providing of adequate light and open space and increases the possible danger to inhabitants of dwellings from such dish antennas becoming detached in storms and high winds.
(3) Dish antennas within the R-1, R-2, R-3, R-4, Ag-1 and Ag-2 Districts (and on property in other zoning districts used principally for single-family, two-family or multiple-family dwellings) shall be mounted on the ground and shall not exceed a height of 15 feet including its mounting structure.
(4) Antennas on existing structures other than towers.
(a) In the Ag-1 District, any antenna that is attached to an existing structure other than a tower, as defined in this section, and any antennas attached to elevated water storage tanks, telephone poles or towers principally used for telephone or electric wires and lines, may be approved by the Zoning Administrator; provided:
1. The antenna does not extend more than 30 feet above the highest point of the structure;
2. The antenna complies with all applicable FCC and FAA regulations; and
3. The antenna complies with all applicable building codes and ordinances.
(b) In the C-1, C-2, I-1 and I-2 Zoning Districts, any antenna that is attached to an existing structure other than a tower, as defined in this section, may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, office, institutional or governmental use; provided that, all of the requirements of this section are satisfied.
(c) In the event of any conflict between this section and any other sections of this chapter or other applicable ordinances or codes, the more stringent provision shall govern.
(Ord. passed 7-12-2012, § 4.13) Penalty, see § 154.999
§ 154.258 LOTS.
(A) All lots shall have a buildable area. The net buildable area of a lot shall be a contiguous piece of land excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops and land encumbered by easements preventing the use of the land. In no case shall the net buildable area of a lot be less than 15,000 square feet unless otherwise specified herein.
(B) No lot shall be created that does not meet the minimum lot size and dimensional regulations of this chapter.
(C) On a corner lot, each lot line that abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect, and so designate in his or her application for a permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.
(D) (1) A lot shall be considered to be a cul-de-sac lot if the lot has more than one-half of its required road frontage on the cul-de-sac. The one-half required road frontage shall be determined prior to reducing the required frontage permitted by division (D)(3) below. Thus, if the required road frontage is 150 feet, the lot must have more than 75 feet of road frontage on the cul-de-sac portion in order to qualify for the reduction in total road frontage as specified in division (D)(3) below.
(2) The cul-de-sac shall be determined to commence at the intersection of the radius of the cul-de-sac with the street right-of-way line.
(3) A lot on a cul-de-sac shall have road frontage on a cul-de-sac that is not less than 60% of the minimum lot width required for the zoning district in which it is located.
(Ord. passed 7-12-2012, § 4.16) Penalty, see § 154.999
§ 154.259 UTILITIES.
(A) (1) The installation of all electrical work, including equipment, shall in every case be done in a safe and workmanlike manner. The regulations of the current National Electrical Code (or the equivalent) that is in effect at the time of the beginning of construction of any building shall be considered as good standards practice by the Zoning Administrator.
(2) Installation shall comply with the requirements of the electrical utility company servicing the area.
(B) The installation of all interior plumbing work shall comply with Art. I through XI, inclusive, of the Plumbing Code of the state (or the equivalent).
(Ord. passed 7-12-2012, § 4.17) Penalty, see § 154.999
§ 154.260 PARKING.
(A) Off-street parking. All buildings located in the township shall provide off-street parking adequate for the use intended, as specified in § 154.247 of this chapter. A parking space shall be ten feet by 20 feet or 200 square feet. Parking lots shall include aisle space of 25 feet in width.
(B) Parking, storage or use of recreational equipment in platted areas. For purposes of these regulations, recreational equipment is construed as including boats and boat trailers, recreational vehicles and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
(1) Recreation vehicle or boat larger than 19 feet in length shall not be parked or stored in any required front yard of any lot in a platted residential subdivision, except when temporarily parked for not more than 24 hours during loading or unloading (no such equipment shall be used for permanent living or housekeeping purposes when parked or stored on any residential lot).
(2) Parking and storage of the above defined recreational equipment must be within a building located in the side or rear yards and must observe the requirements for accessory buildings, as provided elsewhere in this chapter.
(C) Inoperable vehicles/unlicensed vehicles. No inoperable or unlicensed vehicle shall be parked or stored, except when in a completely enclosed structure.
(Ord. passed 7-12-2012, § 4.18) Penalty, see § 154.999
§ 154.261 OUTDOOR FURNACES.
(A) Definition. An OUTDOOR FURNACE is defined as a furnace, heating system, stove or boiler that is a separate structure not located in a building (which building is intended for habitation by humans or domestic animals), but which provides heat or hot water for such building or structure located on the same lot.
(B) Applicability.
(1) One outdoor furnace is permitted per lot in the Ag-1, Ag-2, R-1 and R-2 Zoning Districts subject to the requirements of this section and the issuance of a building permit (or its equivalent) by the township’s Building Inspector (or such other official as is designated by the Township Board).
(2) Any outdoor furnace that was lawfully located on a lot and in operation prior to the date of adoption of this section shall be allowed to continue, but must comply with divisions (A) above and (C) below. In addition, such lawfully existing furnaces shall also comply with all of the following requirements.
(a) If a smoke stack on an existing outdoor furnace is to be replaced or modified, the new or modified smokestack shall comply with the height requirements of division (D) below.
(b) If the existing furnace does not meet the setback requirements of this section, it shall not be moved so as to decrease the existing setbacks. Any moving of the outdoor furnace shall be considered a modification and the furnace must then comply with the setback, smoke stack and other requirements of this section.
(c) If any of the major components of an outdoor furnace system (such as the heat exchanger, smokestack, water pump or underground pipes) are to be replaced or modified or the outdoor furnace is proposed to be moved on the lot, then the entire outdoor furnace shall comply with all of the requirements of this section. However, if the township’s Building Inspector (or such other official as is designated by the Township Board) determines that any such modification or replacement will promote safety and public health, but that the owner of the lot will not do such replacement or modification if the outdoor furnace is required to be moved and be in full compliance with all of the requirements of this section, the township’s Building Inspector (or other equivalent township official) can allow such modification or replacement to be made while waiving some or all of the requirements of this section regarding the location and other aspects of a new outdoor furnace.
(C) Operating requirements.
(1) Outdoor furnaces shall be installed (and operated) according to the manufacturer’s instructions and all applicable building and mechanical codes at all times.
(2) Each outdoor furnace shall only be used to burn wood without additives, wood pellets without additives and agricultural seeds in their natural state. The following materials are specifically prohibited as items or materials to be burned in outdoor furnaces:
(a) Rubbish or garbage including, but not limited to, food waste, food, wraps, packaging, animal carcasses, paint, petroleum products or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes;
(b) Waste oil or other oily wastes;
(c) Treated or painted wood;
(d) Any plastic material including, but not limited to, nylon, PVC, polystyrene or urethane foam and synthetics fabrics, plastic films and plastic containers;
(e) Rubber, including tires and synthetic like products; and
(f) Newspapers, corrugated cardboard, container board or office paper.
(3) Outdoor furnaces shall be kept in a reasonable condition and repair at all times.
(4) No outdoor furnace shall be used or operated in such a fashion as to become a nuisance to the owners or occupiers of any adjoining or nearby properties or dwellings or in such a fashion that smoke emissions unreasonably interfere with the safe or reasonable enjoyment of any of the owners or occupants of nearby or adjoining properties.
(D) Location and smokestack height.
(1) Every outdoor furnace shall be located at least 100 feet from the nearest dwelling unit that is not on the same lot as the outdoor furnace.
(2) Each outdoor furnace shall be located a minimum of 50 feet from all property lines and shall not be located between the principal building on the lot and the public or private street.
(3) (a) Each outdoor furnace shall have a smokestack that extends at least ten feet above the ground surface. In addition, if any dwelling or other principal building is intended to be occupied by humans and which is not on the same lot as the outdoor furnace, but which is located within 300 feet of the outdoor furnace, the height of the smokestack shall be no lower than the roof peak of such dwelling or principal building.
(b) The Building Inspector (or other person so designated by the Township Board) may approve a lesser smokestack height if necessary to comply with the manufacturer’s recommendations and if it can be demonstrated that smoke from the lower smokestack height will not create a nuisance for residents of nearby existing dwellings. Factors that shall be considered by the Building Inspector (or Township Board designee) in making a determination to permit a lower smokestack height shall include, but are not limited to, topography, height of nearby dwellings, prevailing wind direction, type of furnace and proposed smokestack height.
(4) An outdoor furnace shall be located no closer than ten feet to a propane tank or similar flammable container.
(Ord. passed 7-12-2012, § 4.19) Penalty, see § 154.999
§ 154.262 ANIMALS, LIVESTOCK AND FOWL.
(A) No animals, livestock or fowl, other than common household pets, shall be permitted to be used, sheltered or stored in the R-4 or RR Zoning Districts unless otherwise specified in this chapter.
(B) Where animals, livestock and fowl other than common household pets are permitted to be used, sheltered or stored either by right, or by special use permit, or as any accessory use, the following requirements shall be met:
(1) The property on which animal, livestock, or fowl are kept shall contain a single-family dwelling.
(2) All buildings or structures used for shelter, storage or feeding shall be set back a minimum of 50 feet from any lot line and shall be so constructed and maintained that odor, dust, noise, or drainage shall not constitute a nuisance or hazard to adjoining or nearby parcels.
(3) Such animals, shall not be pastured, kept or stored within the front 35 feet of any front yard.
(4) All premises and structures used for any such animals shall continuously be maintained in a sanitary condition and shall be subject to inspection by the township at any reasonable time and shall not emanate objectionable odors that would be a nuisance to adjacent neighbors.
(5) The use, storage or keeping of such animals shall not cause any erosion and no animal wastes shall run off onto any adjacent property.
(6) The township, upon violation of any of the provisions hereof, may issue a stop work order. The stop work order shall continue until the premises have been brought into compliance, their causes of non-compliance removed or remedied, and the township has approved the premises.
(7) Any person keeping animals, livestock and fowl shall remain subject to public nuisance and other associated codes and ordinances, including, but not limited to, noise, odor and blight.
(8) Number of poultry allowed.
(a) On a property one acre or less in area:
1. No more than six hens may be kept at any time.
2. Roosters and crowing chickens shall be prohibited.
(b) On a property more than one acre but less than five acres in area, no more than 20 poultry may be kept at any time.
(c) On a property more than five acres in area, no limit to the number of poultry kept as long as it is in compliance with all other regulations contained within this section and all other applicable local, state and federal regulations.
(9) The keeping and raising of domesticated animals and livestock not customarily kept as household pets, such as horses, cattle, goats and pigs, is permitted; provided, however, that on parcels of ten acres or less in area, the number of domesticated animals (other than household pets) shall not exceed two animal for the first one and one-half acres of land area plus one additional animal for each additional one-half acre of land area.
(C) Pet regulations; prohibition on exotic and dangerous animals.
(1) All pets, dog owners and pet owners shall fully comply with the Kent County Animal Control Ordinance, as amended.
(2) The keeping of more than three dogs is prohibited, unless approved by the township as a lawful kennel pursuant to this section. Notwithstanding such prohibition, any litter of dogs that causes the limit of three to be exceeded shall not constitute a violation of this provision for a period of six months after birth. Kennels shall comply with § 154.212.
(3) No person shall keep, house, board, breed, or possess any exotic or dangerous animal within the township. Such prohibition includes, but is not limited to, lions, tigers, wolves, bears, coyotes, elephants, alligators, crocodiles, primates, snakes over three feet in length, wild or exotic cats (such as, but not limited to, bobcat, cheetah, cougar, lynx, panther, mountain lion, or puma), wild pigs or boar, venomous snakes, spiders, scorpions and other dangerous reptiles. This division shall not apply to lawful zoos or circuses.
(4) No person owning or having charge, care, possession, custody or control of any dog or other animal shall allow or permit such dog or animal at any time, by loud or frequent or habitual barking, noise, yelping, screaming or howling to become a nuisance, be unreasonably loud, cause annoyance or audible pain to any person in the neighborhood or any person utilizing adjacent or nearby public roads or property or cause an unreasonable disturbance.
(5) No person owning or having charge, control, possession, custody or care of any dog or other animal shall cause, permit or allow the same to run at large or be upon any private property (without the consent of the owner of such land), public property or road unless such dog or animal is restrained by a chain or leash and is under the direct charge, care, possession, custody or control of a person of 18 years of age or older with the ability to control and restrain the animal.
(D) Clean premises. All premises on which animals are kept or housed shall be kept sanitary and shall be subject to inspection at any reasonable time or times by the Zoning Administrator of the township.
(E) County regulations. No provision of this section shall be interpreted to conflict with the Kent County Animal Control Ordinance (as amended) or be enforced to the degree that it conflicts with the Kent County Animal Control Ordinance in any fashion that is not consistent with Public Act 339 of 1919, being M.C.L.A. § 287.289a.
(Ord. passed 7-12-2012, § 4.20; Ord. 24-4, passed 9-12-2024, § 8) Penalty, see § 154.999
§ 154.263 CHURCHES; DAY CARE AND CHILD CARE CENTERS.
Notwithstanding any other provision of this chapter, a child care or day care center shall be permitted as an accessory use of a church in any zoning district (including a church that is a non- conforming use in the zoning district in which it is located).
(Ord. passed 7-12-2012, § 4.21)
§ 154.264 TRANSITION ZONING.
(A) A residentially zoned lot having its side yard abutting a commercial or industrial zoning district boundary that is located within the township may be used as a special use in accordance with the least restrictive residential district requirements for new residential structures. Such transition lot cannot be construed to extend for more than 150 feet from such commercial or industrial zoning district boundary. In addition, said land may be used for offices for doctors, dentists, architects and similar professions.
(B) For approval of these uses on a transitional lot, a detailed site development plan and an architectural profile of all structures to be erected shall be submitted to the Zoning Administrator to determine that site development meets the following requirements:
(1) Yard and area requirements of the zoning district;
(2) Adequate parking areas and access drives;
(3) Landscaping and screening to safeguard adjacent residential uses; and
(4) The proposed building has a residential appearance in keeping with the character of the adjacent neighborhood.
(Ord. passed 7-12-2012, § 4.22)
§ 154.265 LIGHTING, SCREENING AND FENCES.
(A) Lighting. All lighting upon any premises, regardless of zone, shall be so arranged that such lighting does not produce any glare that is a nuisance or annoyance to residents or occupants of adjoining premises or to the traveling public or public highways.
(B) Screening. A buffer yard shall be provided wherever a business, commercial, or industrial use abuts a residential district or use. The purpose of buffer yards is to buffer incompatible use, moderate harsh or unpleasant sounds, remove air pollutants, reduce the glare from vehicle headlights, or otherwise lessen conflicts between uses.
(1) The buffer yard requirements of this section shall apply to all new construction, and all expansions, renovations, or alterations that increase the size of an existing structure or building.
(2) Buffer yards shall be located within a minimum required building setback.
(3) The requirements of this section are the minimum requirements for buffer yards. The requirements are as follows:
(a) A buffer yard shall be a minimum of ten feet wide.
(b) For each 20 linear feet abutting the adjacent property, one tree shall be planted within the buffer yard. Trees shall be a mixture of evergreen, canopy, and ornamental trees. Two shrubs shall be planted for each tree and each shrub shall be a minimum of 30 inches at planting and reach a minimum height of five feet at maturity. All plantings shall meet the following requirements:
1. Plant materials shall not be placed closer than eight feet to a fence line or property line.
2. Evergreen trees shall be planted not more than 20 feet on center and shall be not less than four feet in height at planting.
3. Ornamental trees or tree-like shrubs shall be planted not more than ten feet on center and shall not be less than four feet in height at planting.
4. Deciduous shrubs shall be planted not more than four feet on center and shall not be less than 30 inches in height at planting.
5. Deciduous trees shall be planted not more than 25 feet on center and shall not be less than two inches in caliper measured at breast height at planting.
6. All landscaping shall be hardy plant materials and maintained thereafter in a neat, healthy, and orderly manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season.
(c) If a berm three to six feet in height is used for all or part of the greenbelt, required plant material quantities may be reduced by 25%. The berm shall not exceed six feet in height. All plant materials shall be placed along the top and exterior side slope of the berm. The greenbelt width shall be increased as needed to accommodate maximum berm side slopes of one foot vertical rise to three feet horizontal.
(d) A screen wall or solid fence may be used for all or part of the greenbelt. If a solid fence or screen wall is used, the following regulations shall apply.
1. Required quantities of plant materials may be reduced by 50% for that area abutting the fence or wall.
2. The fence or wall shall be of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises, not less than five feet in height and maintained in a neat and attractive manner, commensurate with the adjoining residential district. No such wall or fence shall terminate closer than ten feet from any adjoining street right-of-way line.
3. The fence or wall shall comply with the applicable regulations of this chapter.
(4) The Planning Commission is hereby given the authority to increase, decrease or otherwise modify the screening requirements of this section. In so doing, the Planning Commission shall consider the following criteria:
(a) The amount of space on the site available for landscaping;
(b) Existing landscaping on the site and on adjacent properties;
(c) The type of use on the site and size of the development;
(d) Existing and proposed adjacent land uses;
(e) The effect the required landscaping would have on the operation of the existing proposed land use; and
(f) Whether additional landscaping is necessary to mitigate the adverse effects of the proposed use or adjoining land uses, to reduce headlight glare, reduce noise and to otherwise achieve the objectives of this section.
(C) Fences.
(1) Unless specifically provided for elsewhere in this chapter, a front yard fence in a residential zone may not exceed a height of four feet and shall not be more than 50% solid.
(2) It is unlawful to construct any private fence or barrier within a public right-of-way.
(3) In all districts, the frontage for corner lots shall follow the same limitations as provided for residential front yard screening.
(4) Barbed wire fences are prohibited only within the R-1 and R-2 Zoning Districts on land that has been platted or made part of a site condominium. Notwithstanding the above, barbed wire fence may be used to enclose schools, public buildings and structures, and utility and essential service buildings and structures.
(5) Above ground electrical fences are prohibited only within R-1 and R-2 Zoning Districts on land that has been platted or made part of a site condominium. Notwithstanding the above, electrical fences may be used to enclose schools, public buildings and structures, and utility and essential service buildings and structures.
(Ord. passed 7-12-2012, § 4.23; Ord. 23-7, passed 9-14-2023, § 1) Penalty, see § 154.999
§ 154.266 AMATEUR RADIO TOWERS.
In order to reasonably accommodate licensed amateur radio operators as required by Federal Code of Regulations, 47 C.F.R. part 97, as amended, and Order and Opinion (PRB-1) of the Federal Communication Commission of September, 1985, a licensed amateur radio operator may locate a tower not to exceed 100 feet in height in the R-1and R-2 Zoning Districts and 195 feet in height in any other zoning district; provided, the following requirements are met.
(A) The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means.
(B) The color of the tower and any antennas located thereof must all be the same and such that it blends into the sky, to the extent allowed under requirements set forth by either the Federal Aviation Administration or the state’s Department of Transportation, Bureau of Aeronautics.
(C) No advertising logo, trademark, figurines or other similar marking or lettering shall be placed on the tower or any attachments thereto, or any building used in conjunction therewith.
(D) No signs shall be used in conjunction with the tower, except for one sign not larger than eight and one-half inches high and 11 inches wide.
(E) Towers may be located upon a site where there is another principal use and shall not constitute a second principal use.
(F) Towers must be at least three-quarters of its height from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse, it falls within itself, and in that event, it must be located at least one-third of its height from any property line.
(G) Towers must be at least 100% of its height from a dwelling on an adjacent parcel.
(H) Tower space shall not be leased or rented to commercial users. Towers shall not accommodate commercial users and shall not otherwise be used for commercial purposes.
(I) All towers must meet all applicable state and federal statutes, rules and regulations.
(Ord. passed 7-12-2012, § 4.24) Penalty, see § 154.999
§ 154.267 MEDICAL MARIJUANA DISPENSARIES AND OTHER FACILITIES.
No medical marijuana dispensary, medical marijuana provisioning center, medical marijuana grower facility, medical marijuana safety compliance faculty, medical marijuana secure transporter, medical marijuana processor facility or similar facility or use shall be conducted, commenced, operated or utilized in any zoning district or on or from any property within the township. Furthermore, no person shall frequent, patronize or obtain or purchase any marijuana from any medical marijuana dispensary, medical marijuana provisioning center or similar facility, business or operation within the township.
(Ord. passed 7-12-2012, § 4.25; Ord. 17-2, passed 12-14-2017) Penalty, see § 154.999
§ 154.268 MISCELLANEOUS USES.
Any use, use of land, activity, building, structure or development activity not expressly allowed by this chapter is prohibited, unless the Zoning Administrator finds that the proposed use is identical in character to a use or item listed in this chapter. Uses, activities, enterprises or purposes that are contrary to, or violate federal, state or county laws or regulations, this chapter, or other township ordinances are prohibited. An individual may apply to the Planning Commission for consideration of an amendment to this chapter to include a proposed use in one or more of the zoning districts of this chapter, either as a permitted use or a special use. At their option and discretion, the Planning Commission and Township Board may consider an appropriate amendment to this chapter, but are not required to do so.
(Ord. passed 7-12-2012, § 4.26)
§ 154.269 MINING; NATURAL RESOURCES.
(A) Purpose and intent. The purpose of this section is to provide for the use of lands that have significant gravel and/or sand deposits and which, if mined for such deposits under the regulations of this subchapter and this chapter, would not constitute a hazard to the public health, safety and welfare. The regulations are intended to result in: mining and excavation operations that will not be detrimental to the public health, safety and welfare; and operations that will be conducive to and result in the reclamation of the land so that it will be suitable for other purposes, including single-family residential and agricultural uses and purposes. Further, it is the intent of these provisions to preserve the natural resources of the township.
(B) Zoning districts. Mining and mineral extraction shall be allowed in any zoning district if approved by the Planning Commission as a special use.
(C) Site plans. A site plan for the proposed mining or mineral extraction operation (together with a reclamation plan) shall be filed with the township and shall be reviewed and approved, approved with conditions or denied by the Planning Commission as part of the special use review process.
(D) Standards. In order to approve a special use for mining or mineral extraction, the Planning Commission must find that no very serious consequences would result from the mining or mineral extraction operation, use or activities. In making that determination, all of the following factors may be considered if applicable:
(1) The relationship of extraction and associated activities with existing land uses;
(2) The impact on existing land uses in the vicinity of the property involved;
(3) The impact on property values in the vicinity of the property involved and along the proposed hauling route serving the property involved, based on credible evidence;
(4) The impact on pedestrian and traffic safety in the vicinity of the property involved and along the proposed hauling route serving the property involved;
(5) The impact on other identifiable health, safety and welfare interests in the township; and
(6) The overall public interest in the extraction of the specific natural resources on the property involved.
(E) Conditions. If the Planning Commission approves a special use for a mining or mineral extraction use, activity or operation, the Planning Commission can attach reasonable conditions to such approval regarding the following areas and topics:
(1) Hours of operation;
(2) Noise;
(3) Dust control;
(4) Blasting hours; and
(5) Traffic.
(Ord. passed 7-12-2012, § 4.28)
§ 154.270 BED AND BREAKFAST ESTABLISHMENTS.
A bed and breakfast establishment may be approved by the Planning Commission as a special use in the Ag-1 and Ag-2 Zoning Districts upon compliance with the following requirements.
(A) Bed and breakfast establishments shall be located only in buildings that are used and have been used as detached single-family dwellings with a minimum of 2,000 square feet of finished floor area. No dwelling or other building shall be constructed or enlarged for the purpose of having or operating a bed and breakfast establishment.
(B) Off-street parking shall be provided in addition to that required for residential purposes at the rate of one vehicle parking space per sleeping room. Such parking need not be paved.
(D) No use shall be permitted that is not also a permitted use within the zoning district in which the bed and breakfast establishment is located.
(E) Meals may be served only to the operator’s family and lodgers of the establishment.
(F) Cooking facilities in bed and breakfast guest rooms are prohibited.
(G) The bed and breakfast shall comply with all applicable regulations of the county’s Health Department for the serving of food. In addition, if a bed and breakfast is approved by the Planning Commission, the property owner shall provide documentation from the county’s Health Department that the well and septic system on the property is capable of serving the proposed use. This documentation shall be provided to the township’s Zoning Administrator before the bed and breakfast is open for business.
(H) The dwelling unit in which the bed and breakfast is located shall be the principal residence of the operator/owner, and the operator/owner shall live in the dwelling unit when the bed and breakfast operation is active.
(I) Exterior refuse storage facilities in addition to what would normally be expected for a detached single-family dwelling shall be screened from view on all sides by a six-foot solid decorative fence or wall, or by other screening approved by the Planning Commission.
(K) The maximum stay for any lodger of a bed and breakfast (excluding the operator/owner) shall be ten consecutive days, not to exceed to a total of 30 days during any 12-month period.
(L) (1) The Building Inspector and Fire Chief shall conduct an inspection of the dwelling proposed for the bed and breakfast establishment following approval by the Planning Commission in order to ensure compliance with the applicable requirements of the Building Code and Fire Code.
(2) Any measures required to comply with these codes shall be completed before the bed and breakfast shall open for business.
(Ord. passed 7-12-2012, § 4.29) Penalty, see § 154.999
§ 154.272 COMMUNICATION TOWERS.
Communication towers, as defined within the Federal Telecommunication Act of 1996, as amended (47 U.S.C. § 332(c)(7)(C)), and for functionally equivalent services (including those provided as essential services) must meet the following requirements.
(A) The tower and any antenna located thereon shall not exceed 250 feet in height.
(B) The tower must be of a monopole or free standing lattice design, capable of supplying its own support without the assistance of guy wires or other supports.
(C) The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means, except when lighting is required by either the Federal Aviation Administration or the state’s Department of Transportation, Bureau of Aeronautics.
(D) The color of the tower and any antennas located thereof must all be the same and such that it blends into the sky, to the extent allowed under requirements set forth by either the Federal Aviation Administration or the state’s Department of Transportation, Bureau of Aeronautics.
(E) No advertising logo, trademark, figurines or other similar marking or lettering shall be placed on the tower or any attachments thereto or any building used in conjunction therewith.
(F) The tower shall be located a distance equal to (or greater than) its height from any existing residential structure located on another parcel of property, unless a licensed engineer certifies that the tower and method of construction is such that the tower will not collapse or that it will collapse within itself and in that event, it must be located at least one-half of its height from any residence located on another parcel of property.
(G) (1) Any equipment used in conjunction with the tower (other than antennas placed upon the tower) shall be located within a completely enclosed unmanned building.
(2) The building shall not be larger than 500 square feet in area.
(3) Only one low wattage (150 w or less) shielded wall-mounted security light over the entrance to the building is permitted.
(4) Shielding of the light shall be to direct light down to the ground.
(5) There shall be no storage or placement of personal property outside such building.
(H) No signs shall be used in conjunction with the tower, except for one sign not larger than eight and one-half inches high and 11 inches wide.
(I) Personnel are not allowed to be continuously on the site, but may come onto the site for servicing, maintenance and related work necessary to the operation of the tower and related equipment.
(J) (1) No toxic, hazardous, or other dangerous substances of any kind shall be stored, placed or used on the property, except for gasoline used specifically for emergency electrical generators and which is located within gas tanks directly attached to such generators.
(2) Notwithstanding the above, maintenance crews may bring onto the property, while maintenance is being conducted, lubricants and other materials reasonably necessary to properly maintain the facility; provided, there is compliance with all applicable township, county, state and federal ordinances, statutes, rules and regulations.
(K) All access drives and areas used for vehicular use shall be composed of at least 12 inches of compacted road gravel (MDOT 21AA or 22A).
(L) Towers may be located upon a site where there is another principal use and shall not constitute a second principal use.
(M) A tower must be located at least three-quarters of its height away from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse, it falls within itself and in that event, it must be located at least one-third of its height from any property line.
(N) All towers must meet all applicable state and federal statutes, rules and regulations.
(O) The applicant must demonstrate by way of a written opinion of a registered engineer that the proposed tower meets all applicable local, state and federal building requirements.
(P) The owner or operator of the tower and any subsequent owner or operator of the tower must make reasonable accommodation for co-location of antennas or other similar devices to provide for personal wireless services and/or for functionally equivalent services by other providers upon payment of reasonable compensation under all of the circumstances; and, provided, such co-location is technically and legally feasible.
(Q) No tower shall be closer than one-half mile to a similar such tower, that is capable of supporting the required antenna loading at the necessary height; provided, co-location on such tower can be obtained.
(R) There must be submitted to the township an engineering study showing that there is a reasonable need for the tower in order to provide for personal wireless services or functionally equivalent services and that it is not reasonably possible to co-locate on an existing tower to provide such service.
(T) All other requirements of the zone in which they are located must be met.
(U) A site plan showing compliance with the requirements hereof, shall be submitted and approved by the Planning Commission.
(V) Antennas used for personal wireless service as defined within the Federal Telecommunication Act of 1996, as amended, 47 U.S.C. § 332(c)(7)(C), and for functionally equivalent services that are four feet in length or less may be placed in any zoning district on elevated water storage tanks, telephone poles and towers whose principal use is for telephone wires and lines on poles or towers whose principal use is for electrical distribution or transmission wires, cables or lines.
(W) In order to reasonably accommodate licensed amateur radio operators as is required by Federal Code of Regulations, 47 C.F.R. part 97, as amended, and Order and Opinion (PRB1) of the Federal Communication Commission of September, 1985, a licensed amateur radio operator may locate a tower not to exceed 100 feet in height in the R-1 and R-2 Zoning Districts and 200 feet in height in any other zoning district; provided, the requirements above are met.
(Ord. passed 7-12-2012, § 4.32) Penalty, see § 154.999
§ 154.273 SCHEDULE OF BULK REGULATIONS.
Appendix B, attached to the ordinance codified herein, is hereby adopted by reference and incorporated herein as if set out in full.
(Ord. passed 7-12-2012, App. B)
§ 154.274 CERTAIN PROHIBITED LAND USES.
(A) Land uses, activities, structures, enterprises or purposes that are contrary to or which violate federal or state laws, county ordinances, this chapter or other township ordinances are prohibited.
(B) No zoning approval, permit, variance, rezoning, site plan approval or zoning compliance permit shall be issued or granted by the township for any use, activity, structure or building that is illegal under state law or federal law.
(C) The following applies to certain marijuana (marihuana) establishments and facilities.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IHRA. The Industrial Hemp Research Act, Public Act 547 of 2014, being M.C.L.A. §§ 286.841 et seq.
MARIJUANA ESTABLISHMENT. As defined in the MRTMA.
MARIJUANA FACILITY. As defined in the MMFLA.
MMFLA. The Medical Marijuana Facilities Licensing Act, Public Act 281 of 2016, being M.C.L.A. §§ 333.27101 et seq., as amended.
MMMA. The Michigan Medical Marijuana Act, 2008 IL 1, being M.C.L.A. §§ 333.26421 et seq., as amended
MRTMA. The Michigan Regulation and Taxation of Marijuana Act, 2018 IL 1, being M.C.L.A. §§ 333.27951 et seq., as amended.
(2) (a) Pursuant to § 6 of the MRTMA, marijuana establishments are prohibited within the boundaries of the township.
(b) Marijuana facilities are also prohibited within the boundaries of the township.
(3) (a) This division (C) shall not affect the rights or privileges of any individual or other person under § 5 of the MRTMA, being M.C.L.A. §§ 333.27955, as amended.
(b) This division (C) does not affect the rights or privileges of a marijuana facility outside of the township to engage in activities within the township that it is permitted to engage in under the MMFLA within a municipality that has not authorized marijuana facilities to operate within its boundaries.
(c) This division (C) does not affect the rights or privileges of registered qualifying patients or registered primary caregivers under the MMMA or the MMFLA.
(d) This division (C) does not affect the rights or privileges of any individual or other person under the IHRA.
(e) This division (C) does not affect the rights or privileges of any individual or other person under any other federal or state law, rule or regulation related to the medical use of marijuana.
(Ord. 19-2, passed 3-14-2019) Penalty, see § 154.999
§ 154.275 CERTAIN RESIDENTIAL DEVELOPMENTS AS PLANNED UNIT DEVELOPMENTS.
(A) Certain large scale residential developments (being those which include 20 or more lots, parcels or site condominium units in the AG-2, R-l, R-2, and R-3 zoning districts) shall be approved and developed only as planned unit developments (PUD). The regulating of such development on a PUD basis will enable the township to control and moderate the size, scope and impact of such development, in accordance with the Township Master Plan and the purposes of this chapter. The requirements of this section shall apply whether such development involves simple land divisions, platted subdivisions, site condominium units or any other type of land division, conveyance or development resulting in a number of lots, parcels, site condominium units or other land divisions greater than 20.
(B) For purposes of this section, SUBDIVISION includes any lands, whether contiguous or not, if the number of lots, parcels of land, site condominium units or other units or interests more than 11 are offered as part of a common promotional plan for sale or conveyance, or where the subdivision is being developed or is offered for sale, transfer or building construction by one developer or landowner, or more than one developer or landowner, whether acting individually or in concert.
(C) In the AG-2, R-l, R-2, and R-3 zoning districts, no subdivision shall be established or created and no lot, site condominium unit, or parcel of land in a subdivision shall be sold, conveyed, transferred or otherwise established, nor shall any building permit or zoning approval permit be issued, for any land in a subdivision unless such subdivision shall have been approved by the township as a planned unit development (PUD).
(D) If parcels of land are contiguous or if they are known, designated or advertised as a single or common development, or by a single or common name, the land shall be deemed to be offered for disposition as part of a common promotional plan and shall accordingly be deemed to be part of a subdivision, if the total number of lots, parcels of land, site condominium units, other interests, or any combination thereof, exceeds 11.
(E) For purposes of this section CONTIGUOUS land means any additional land adjacent to or adjoining the subdivided or divided land included in any previous subdivision.
(F) If a parcel of land is created, divided or split from or out of another parcel of land, and if either or both of such parcels are further divided, split or site condominium units are created, or if any of such actions is proposed, within seven years after the recording of the first land division or land split, then each parcel shall be considered a subdivision for purposes of this section, and accordingly, each parcel shall be subject to planned unit development (PUD) approval, if the number of lots, parcels of land, or site condominium units created or developed from or out of such parcels or either of them exceeds 20 in total.
(Ord. 2022-1, passed 1-13-2022, § 4.33)