The regulations in this ordinance shall be subject to the interpretations and exceptions in this article.

(Ord. of 3-21-2005, § 2100)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the township, it being the intention hereof to exempt such essential services from the application of this ordinance.

(Ord. of 3-21-2005, § 2105)

For the purposes of this ordinance, railroad rights-of-way shall be permitted as authorized and regulated by state and federal laws, it being the intention of this section to exempt, railroad rights-of-way from the application of this ordinance.

1.

Building and structures. Buildings or structures intended to be erected or constructed within the railroad rights-of-way shall comply with the use, area and height regulations of the district in which it is located. In those instances where buildings or structures are essential to railroad operations, the facility may be permitted by the planning commission as a special land use under article 22.

2.

Spur tracks within I districts. Spur tracks shall be extended from railroad rights-of-way to adjacent industrial districts only when they are totally within industrial districts.

3.

Inactive rights-of-way. Railroad rights-of-way that become inactive shall not be exempt.

(Ord. of 3-21-2005, § 2110)

The provisions of this ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(Ord. of 3-21-2005, § 2115)

1.

General. The height limitations of this ordinance shall not apply to farm buildings, chimneys, church spires or bell towers, flag poles, decorative cupolas, public monuments or wireless transmission towers; provided, however, that the planning commission may specify a height limit for any such structure when such structure requires authorization as a special land use.

2.

Rooftop equipment. In any RMC, RM, OST, OR, C or I district, penthouse or rooftop structures for the housing of elevators, stairways, tanks, heating and air conditioning equipment, satellite reception antennas, and other similar apparatus may be erected above the height limit of the zoning district in which located when, after review by the planning commission, the plans are found to meet the following conditions:

a.

All rooftop equipment and apparatus shall be housed in a penthouse or structure constructed of building material compatible with the material used in the principal building.

b.

Penthouses or structures shall be set back from the outermost vertical wall or parapet of the principal building a distance equal to at least two times the height of such penthouse or structure and which shall in no instance exceed the height of ten feet.

c.

Such penthouse or structures shall not cover an area equal to more than 15 percent of the total roof area of the building.

3.

TV antennae. In any RSA, RU-1, RMC, RM, MHP or AR district, antenna structures for private, domestic radio or television reception, not including satellite reception antennas greater than two feet in diameter, may be erected and maintained on the roof of any building without a building permit, provided that the antenna does not exceed 12 feet in height.

(Ord. of 3-21-2005, § 2120)

In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this ordinance, one-half the width of such alley abutting the lot shall be considered as part of such lot.

(Ord. of 3-21-2005, § 2125)

When yard regulations cannot reasonably be complied with or where their application cannot be determined on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.

1.

Attached porches, decks, patios, or terraces in residential districts.

a.

An uncovered, unenclosed deck, porch, patio or paved terrace may project into a required front yard for a distance not exceeding ten feet, or may project into a required rear yard for a distance not exceeding 20 feet, but not to exceed a distance equal to 60 percent of the depth of the rear yard; provided, however, that this shall not be interpreted to include or permit fixed canopies.

b.

Such decks, porches, patios or paved terraces shall not be more than nine inches above the grade level of the lowest story (excluding a basement) of the main building except for the open, unenclosed railings which do not exceed four feet in height above the elevation (level) of the deck, porch, patio, or paved terrace.

c.

Such deck, porch, patio or paved terrace, together with all other accessory buildings and structures, shall not occupy more than 40 percent of the horizontal area of the rear yard.

d.

Accessory buildings, such as gazebos, may be placed on porches, decks or patios located in a rear yard setback; provided that they do not exceed 14 feet in height as measured from the surface of the porch, deck, or patio. Such building, along with other detached accessory buildings, shall not occupy more than 25 percent of a rear yard setback nor more than 40 percent of any rear yard in excess of the rear yard setback.

2.

Projections into yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three feet.

3.

Access drives. For the purpose of this ordinance, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards.

4.

Walks, terraces, or like pavement. Any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this ordinance not be considered to be a structure, and shall be permitted in any required yard.

(Ord. of 3-21-2005, § 2130)