Yankee Springs Township
City Zoning Code
City Zoning Code
ARTICLE XII
GENERAL REGULATIONS, DWELLING STANDARDS AND SETBACK REQUIREMENTS, PARCEL SIZE, MAXIMUM LAND COVERAGE, ACCESSORY BUILDINGS, DECKS, FENCES AND BARRIERS, PARKING, AND HEALTH AND SANITATION REGULATIONS1
(Ord. No. 12-08-2022, § IV, 12-8-2022; Ord. No. 08-10-2023-1, § II, 8-10-2023)
Editor's note— Ord. No. 10-01-2015, § I, adopted October 8, 2015, effective October 26, 2015, repealed the former article XII, §§ 12.1—12.14, and enacted a new article XII as set out herein. The former article XII pertained to similar subject matter and derived from Zoning Ordinance No. 3; Ord. No. 09-01-06, § III, 9-1-2006; Ord. No. 01-02-07, §§ III—V, 1-11-2007; Ord. No. 12-01-07, § I, 12-13-2007; Ord. No. 07-01-08, 7-10-2008; Ord. No. 09-01-09, § I, 9-10-2009; Ord. No. 09-02-09, § II, 9-2-2009; Ord. No. 10-01-10, § III, 10-14-2010; Ord. No. 07-24-13, § I, 7-24-2013.
Sec. 12.1.- General Regulations.
A.
Affected areas: All parcels of land within Yankee Springs Township, whether platted or unplatted shall be governed by the requirements and regulations of Article XII.
B.
Applicable regulations—Buildings: No building or structure shall be erected, nor shall any existing building or structure be altered, enlarged, moved or rebuilt except in conformity with all location regulations which apply to the zoning district in which such building or structure is located.
C.
Applicable regulations—Open Space:
1.
No open space surrounding any building or structure shall be encroached upon or reduced in any manner except in conformity with the yard, lot, area, and location regulations which apply to the zoning district in which such open space is located.
2.
No overlap: No yard or other open space provided near or surrounding any building or structure, for the purpose of complying with the provisions of this ordinance, shall be considered as a yard or open space for any other building or structure.
D.
Construction standards: All buildings shall be constructed and maintained by the applicable state building codes.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022)
Sec. 12.2. - Building and Zoning Permits Required.
No building, structure or other improvement shall be erected, placed, altered or excavation started until a building permit for such erection or alteration has been received.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022)
Sec. 12.3. - Dwelling Standards and Requirements.
These standards shall not apply to any manufactured house located within a licensed manufactured housing community except to the extent required by state law or otherwise specifically required in Article III concerning manufactured housing communities.
1.
Certificate of occupancy:
a.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or part of a building for which a building permit was issued until a certificate of occupancy has been granted.
b.
The issuance of a certificate of occupancy shall not be construed as permitting any violation of this ordinance.
2.
Number of dwellings per parcel: Only one (1) dwelling shall be constructed on a lot or parcel which is zoned for residential purposes, except as may be allowed elsewhere in this ordinance.
3.
Exterior dimensions:
a.
Minimum width: No new dwelling shall be constructed, or located on any lot or parcel, nor shall any existing dwelling be replaced with a new dwelling, unless the new dwelling shall have a core area within the structure of at least twenty-four (24) feet by twenty-four (24) feet as measured on the exterior.
b.
Height exceptions: The following exceptions shall apply to the height limits for all zoning districts as required by this ordinance:
(1)
Residential exceptions: Chimneys, elevator towers, mechanical equipment, flag poles, antennae for personal use, and similar structures, none of which are to include habitable space, shall not be included in calculating the height of the principal building, provided that the total area covered by such structures shall not exceed twenty (20) percent of the roof area of the principal building.
(2)
Residential limit: The items in subsection c. (1) above shall not exceed forty-five (45) feet from the finished grade, fifty-four (54) feet for dwellings with walk-out basements (per subsection b. (5) above), prior to construction. The only exception to this standard shall be antennae for personal use.
(3)
Public/semi-public exceptions: Church spires, public monuments, and water towers shall not be included in calculating the height of the principal building.
(4)
Farm exceptions: Barns, windmills, silos, and other nonresidential structures related to agricultural production shall not be subject to the height limits of this ordinance.
(5)
Towers and turbines: Wireless communication towers, television and radio antennas, and wind turbines approved by the township as a special exception use may be allowed to exceed the height limit of the zoning district provided they adhere to the standards provided within this ordinance and do not create a hazard to the public health, safety, or welfare.
(6)
Special exception uses: If any of the above listed structures or uses are considered special exception uses, the planning commission reserves the right to specify the height limit when granting the special exception use approval.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022)
Sec. 12.4. - Setback Requirements.
1.
State Highways and Patterson Road: Every dwelling or structure shall be setback at least thirty-five (35) feet from all state highways and Patterson Road.
2.
Special setback requirements:
a.
Residential Lake Front (RLF) zoning district:
(1)
Street/road side (rear yard):
(a)
Every dwelling or structure shall be setback at least twenty-five (25) feet from the public or private road right of way or easement boundary line, except Patterson Road and M-179 which shall be thirty-five (35) feet.
(b)
If the average setback of the dwellings or structures three hundred (300) feet on each side of the subject property is less than twenty-five (25) feet from the public or private road right of way or easement boundary line, then this average shall be the setback for the subject property.
i.
In no case shall the dwelling or structure be permitted to be closer than ten (10) feet from the public or private road right of way or easement boundary line.
ii.
For the purposes of administering this requirement and measuring distances for the average setback, distances may be measured from the edge of the as-traveled roadway and confirmed by the zoning administrator for accuracy. Except as indicated elsewhere herein, the setback requirement shall be taken from the road right of way or easement boundary line.
(c)
Where the road as traveled (the actual location of pavement or gravel) has been established outside the boundaries of the right of way or easement and is located on private property, the setback distance shall be measured from the closest edge of the as traveled road.
(d)
Where a road right of way or easement boundary line does not exist or cannot reasonably be determined, the setback measurement shall be taken from the closest edge of the as traveled road, including measurements necessary to determine the average setback of the adjacent structures, if necessary.
(2)
Waterfront (front yard): All dwellings or other principal building/structures and accessory building/structures, including any alteration of existing such buildings/structures, shall at a minimum be set back from the high-water shoreline of the lake, pond, stream, or river, the greater of:
(a)
Twenty-five (25) feet; or,
(b)
The average setback of the nearest existing dwellings or other principal buildings/structures on each side of (adjacent to) the lot at the time of application for a building permit.
b.
Gun Lake Residential Lake Front zoning district:
(1)
Street/road side (rear yard):
(a)
Every dwelling or structure shall be setback at least twenty-five (25) feet from the public or private road right-of-way or easement boundary line.
(b)
If the average setback of the dwellings or structure three hundred (300) feet on each side of the subject property is less than twenty-five (25) feet from the public or private road right-of-way or easement boundary line, then this average shall be the setback of the property.
i.
In no case shall the dwelling or structure be permitted to be closer than ten (10) feet from the public or private road right-of-way or easement boundary line.
ii.
For the purposes of administering this requirement and measuring distances for the average setback, distances may be measured from the edge of the as traveled roadway and confirmed by the zoning administrator for accuracy. Except as indicated elsewhere herein, the setback requirement shall be taken from the road right of way or easement boundary line.
(c)
Where the road as traveled (the actual location of pavement or gravel) has been established outside the boundaries of the right of way or easement and is located on private property, the setback distance shall be measured from the closest edge of the as traveled road.
(d)
Where a road right of way or easement boundary line does not exist or cannot reasonably be determined, the setback measurement shall be taken from the closest edge of the as traveled road, including measurements necessary to determine the average setback of the adjacent structures, if necessary.
(2)
Waterfront (front yard): All dwellings or other principal building/structures and accessory building/structures, including any alteration of existing such buildings/structures, shall at a minimum be set back from the high-water shoreline of the lake, pond, stream, or river, the greater of:
(a)
Twenty-five (25) feet; or,
(b)
The average setback of the nearest existing dwellings or other principal buildings/structures on each side of (adjacent to) the lot at the time of application for a building permit.
c.
Residential Single-Family (RSF) zoning district: Front yard setback requirements along all road frontages shall be the same as those along the road frontages (rear yards) in the Residential Lake Front (RLF) zoning district (see section 12.4.3.a.(1) above).
d.
Industrial (I-1) zoning district: In the Industrial (I-1) zoning district, every building shall be located no closer than:
(1)
One hundred fifty (150) feet from any residential zoning district.
(2)
No commercial or industrial use shall be made of the setback area.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 02-01-2016; § II, 2-11-2016; Ord. No. 05-02-21, §§ III, IV, 5-13-2021; Ord. No. 12-08-2022, § IV, 12-8-2022; Ord. No. 08-10-2023-1, § II, 8-10-2023)
Sec. 12.5. - Parcel Size Frontage Requirements.
1.
Lots, parcels, or building sites created before November 29, 1979, shall be recognized as buildable, except for platted out lots which are non-buildable.
2.
Lots, parcels, or building sites that front on bodies of water shall be required to maintain a minimum frontage along the water equal to seventy-five (75) feet at the ordinary high-water mark.
3.
Road frontage shall satisfy the minimum lot width standard for the zoning district. Lots, parcels or building sites located on the bulb end of cul-de-sacs or on curves, as determined by the planning commission, may have less than the required road frontage but must still maintain the minimum required lot width.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022; Ord. No. 08-10-2023-1, § II, 8-10-2023)
Sec. 12.6 - Maximum Building Coverage.
A.
Measurements for building coverage shall be taken to the edge of the exterior walls and shall not include projections from the structure (such as bay windows or chimneys).
B.
Maximum building coverage shall be the amount of the lot which is covered by the total footprint of buildings, attached and detached accessory structures, roofed porches, roofed decks and roofed patios divided by the lot area.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 09-01-2018, § II, 9-13-2018; Ord. No. 12-08-2022, § IV, 12-8-2022)
Sec. 12.7. - Outbuildings.
For the purposes of maintaining orderliness and property values, especially in residential zoning districts, consistent with the goals and objectives of the township land use plan, while providing adequate area for personal storage, the following provisions are intended to regulate the location of outbuildings customarily incidental to principal permitted uses.
1.
Definition of outbuildings: An outbuilding shall include all nonattached buildings and structures customarily incidental to the principally permitted use on site including, but not limited to, gazebos, garages, pole barns, carports, storage buildings and sheds, greenhouses and screened in structures. It shall not include dwellings.
2.
General requirements:
a.
The requirements of this section shall apply to all outbuildings in the Rural/ Agriculture (RA), Rural Residential (RR), Suburban Residential (SR), Residential Single-Family (RSF), Multi-Family (RMF), Residential Lake Front (RLF), and Gun Lake Residential Lake Front (GLRLF) zoning districts.
b.
Neither a manufactured home nor a recreational vehicle shall be used as an outbuilding.
c.
An outbuilding shall not be used as a dwelling.
d.
An outbuilding associated with a permitted and approved farming operation shall be exempt from the requirements of this section.
3.
Permitted uses: An outbuilding shall be permitted by right and be able to be approved by the zoning administrator if it satisfies one (1) or more of the following criteria:
a.
The outbuilding is located on the same lot as the principal dwelling.
b.
The outbuilding is located on the same side of a road as the principal dwelling if the lot is bisected by a road.
c.
The outbuilding is located on a lot that is at least two (2) acres in size.
d.
The principal structure already exists on the lot.
e.
If the principal structure does not already exist on the lot, the permit for the principal structure has already been approved or is being approved concurrently with the permit for the outbuilding.
4.
Special exception uses: Any outbuilding failing to meet the size, height, building coverage, or location requirements of this Article, or is located on an otherwise vacant lot, may be allowed as a special exception use, required to be approved through the special exception use process in Article IV.
5.
Design standards: In order to be approved as a special exception use under subsection 4. above, an outbuilding must satisfy the standards below:
a.
To the extent possible, the outbuilding shall be located to the rear of the site with sufficient room provided within the required setbacks to construct a principal structure in front of the outbuilding in the future and continue to use the outbuilding.
b.
The outbuilding shall not be located on a vacant waterfront lot. If the vacant waterfront lot is bisected by a road, the outbuilding shall not be located on the waterfront side of said lot.
(1)
Gazebos, three-season rooms, pump houses, and similarly related outbuildings may be permitted on a lot by itself and/or on a waterfront lot in the front yard with the approval of a special exception use, Such approval shall consider the impact of the proposed development on the adjacent properties and their abilities to view and enjoy the water. Pump houses not exceeding thirty-six (36) inches in height may be allowed within the required front yard near the water's edge.
6.
Development standards:
a.
Setback and dimensional requirements:
(1)
All outbuildings shall be subject to the setback and lot coverage limits set forth in this ordinance that are generally applicable to principal buildings and structures.
(a)
In the Residential Lake Front (RLF) and Gun Lake Residential Lake Front (GLRLF) zoning districts, no outbuilding shall be located in the front yard, unless otherwise stated herein.
(2)
Maximum height: Except in the Rural/Agriculture (RA) zoning district, the height of an outbuilding shall not exceed sixteen (16) feet from the finished grade to the bottom of the eaves, as measured at the exterior wall. If there are multiple sets of eaves, the measurement shall be taken to the uppermost set of eaves that extend for greater than fifty (50) percent of the width of that side of the structure.
(a)
The height of an outbuilding that is depressed into the grade shall be measured from the average finished grade from each side of the structure.
(3)
Maximum square footage: The total combined floor space of the outbuilding(s) shall not exceed the limits set for in the following schedule:
b.
Temporary outbuildings: Outbuildings may be allowed on a temporary basis without a permit at the discretion of the zoning administrator. Temporary outbuildings shall be removed within fourteen (14) days and shall satisfy all setback requirements of the district.
7.
Outbuilding guest quarters:
a.
Outbuilding guest quarters are intended to provide temporary living space within an outbuilding for guests of the occupants of the principal dwelling to which the guest quarters are accessory.
b.
To be approved as a special exception use all outbuilding guest quarters must comply with the following requirements:
(1)
Outbuilding guest quarters must be located within an outbuilding which is being or has been approved.
(2)
An outbuilding with guest quarters must provide for adequate parking.
(3)
Outbuilding guest quarters may have sleeping areas, bathrooms and common areas. Kitchens are not allowed.
(4)
Outbuilding guest quarters may not have an area larger than four hundred and eighty (480) square feet.
(5)
No more than one outbuilding with guest quarters may be located on a lot.
(6)
Guest quarters shall be used only to house guests of the occupants of the principal dwelling to which the guest quarters are accessory.
(7)
Guest quarters shall not be leased or rented for occupancy, or otherwise used for any commercial purpose.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 02-23-2023, § I, 2-23-2023)
Sec. 12.8. - Decks.
A.
General requirements:
1.
The height of any railing shall not exceed forty-eight (48) inches from the floor of the deck to the top of the railing.
2.
Steps exceeding eighteen (18) inches in height shall be considered as part of the structure and shall be subject to the setback and lot coverage limits set forth in this ordinance.
B.
Decks less than eighteen (18) inches in height:
1.
Decks less than eighteen (18) inches in height shall not be considered as part of the structure and shall not be subject to the setback or lot coverage limits set forth in this ordinance.
2.
No roof structures or permanently attached seating, tables etc. shall be permitted on structures in this category.
C.
Decks eighteen (18) inches or higher:
1.
Decks eighteen (18) inches or higher shall be considered as part of the structure and shall be subject to the setback and lot coverage limits set forth in this ordinance.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.9. - Fences, walls, and/or other protective barriers.
All fences, walls, and/or other protective barriers of any type or description located in all zoning districts shall conform to the following:
A.
Definitions:
1.
Barrier height: The height of the fence, wall, or protective barrier shall be the distance from the finished grade at the base of the barrier to the tallest part of the barrier structure, except as otherwise provided below. If the finished grade is more than three (3) feet higher than the existing grade prior to construction of the barrier, then the height shall be based on the existing grade.
2.
Fence: A linear structure of definite height and location made of wood, iron, wire, plaster, or similar materials serving as: a physical barrier to property ingress or egress; a screen from objectionable views or noise; a landscape feature; or a requirement of this ordinance.
a.
Agricultural fence: A fence constructed for the purpose of enclosing farm animals and protecting farms and other agricultural uses.
b.
Privacy fence: A fence constructed of wood, vinyl, or similar materials that blocks vision to an extent greater than eighty (80) percent.
3.
Wall: A linear structure of definite height and location constructed of masonry, concrete, stone, brick or similar materials serving as; a physical barrier to property ingress or egress; a screen from objectionable views or noise; a landscape feature; an engineering device to support higher ground; or a requirement of this ordinance.
a.
Landscaping wall: A wall that serves primarily as a decorative feature and does not serve as a screening wall or a retaining wall. A landscaping wall shall not create a physical barrier for ingress and egress.
b.
Retaining wall: A wall or similar structure or device used at a grade change to hold the soil on the uphill side from slumping, sliding, or falling.
c.
Screening wall: A wall constructed for the purposes of obscuring or blocking the view from adjacent properties to the subject property or specific portions of the subject property.
B.
Required site plan review and approval: The erection, construction, or alteration of any fence, wall, or barrier, except for agricultural fences or landscaping walls, shall require site plan review and approval by the zoning administrator to assure conformance to the requirements of this ordinance. If site plan approval is otherwise required for improvements to the site, the proposed fence, wall, or barrier must be shown on the required plans. In both cases, the location of the fence, wall, or barrier must be demonstrated on the plan and a profile must be provided indicating the height and materials.
C.
Materials:
1.
Acceptable fence materials: Fences shall be of an ornamental design. They may be constructed of wood, plastic, ornamental metal, metal, and similar. materials.
2.
Wall materials and design: Walls shall be constructed of masonry material that is architecturally compatible with the materials used on the facade of the principal structure on the site, such as face brick, decorative block, or poured concrete with simulated brick or stone patterns.
3.
Prohibited materials: The use of barbed wire, spikes, nails, or other sharp points or instruments of any kind, or electric current on the top or side of any fence, wall, or barrier, except as elsewhere provided within this ordinance, is prohibited.
D.
Fence height and location: No fence exceeding six (6) feet in height shall be erected in any zoning district. All fences may be located adjacent to the property line, but not on the property line, with the following restrictions:
1.
All residential zoning districts, except the Residential Lake Front (RLF) and Gun Lake Residential Lake Front (GLRLF) zoning districts:
a.
Side and rear yard: Fences, including privacy fences, up to six (6) feet in height may be erected in the side and rear yards starting at the front edge of the dwelling and continuing to and along the rear lot line
b.
Front yard: Fences, including privacy fences, up to four (4) feet in height may be erected from the front edge of the dwelling to within fifteen (15) feet of the road right-of-way. Fences not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the front edge of the dwelling to and along the road right-of-way.
2.
Residential Lake Front (RLF) zoning district:
a.
Side and rear yard: Fences, including privacy fences, up to six (6) feet in height may be erected in the side yard starting at the front edge of the dwelling and continuing to the rear edge of the dwelling. Fences, including privacy fences, up to four (4) feet in height, may be erected from the rear edge of the dwelling to within fifteen (15) feet of the road right-of-way. Fences not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the rear edge of the dwelling to and along the road right-of-way.
b.
Front yard: Fences, not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the front edge of the dwelling to and along the high water shoreline.
3.
Gun Lake Residential Lake Front (GLRLF) zoning district:
a.
Side and rear yard: Fences, including privacy fences, up to six (6) feet in height may be erected in the side yard starting at the front edge of the dwelling and continuing to the rear edge of the dwelling. Fences, including privacy fences, up to four (4) feet in height, may be erected from the rear edge of the dwelling to within fifteen (15) feet of the road right-of-way. Fences not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the rear edge of the dwelling to and along the road right-of-way.
b.
Front yard: Fences, not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the front edge of the dwelling to a point no less than ten (10) feet from the high water line. Privacy fences must be setback no less than thirty (30) feet from the high water line, unless the front edge of the dwelling is located closer than thirty (30) feet to the high water line, in which case the setback for privacy fences shall be to the front edge of the dwelling.
4.
Height restriction exemptions: The zoning administrator or planning commission may grant an exemption to the height restriction at the gateway area of the fence only for arches, trellises, or other similar design projections. The area of the exemption shall be confined to the gateway area (defined as the area between the fence posts immediately adjacent to the gate, entry, or similar opening in the fence).
E.
Wall height and location:
1.
Retaining walls:
a.
Retaining walls required due to the grading and topography of the site shall be permitted.
b.
A guard shall be required along the top of a retaining wall located along a property boundary line where the grade differential between the two (2) sides of the wall exceeds thirty (30) inches to prevent people and objects from falling over the edge. Guards shall also be required wherever a wall is adjacent to a walkway or driveway and the grade differential exceeds thirty (30) inches. Wingwalls created for walk-out basements shall be exempt from the requirements for barriers.
(1)
The guard shall be a minimum of forty-two (42) inches in height and a maximum of four (4) feet in height, when measured from the ground elevation on the high side of the retaining wall. The height of the guard shall be determined by the requirements of subsection D. above and the location of the wall/guard on the adjacent property.
(2)
The guard shall be maintained by the party responsible for maintenance of the retaining wall, unless otherwise agreed upon.
(3)
The guard shall have an open design of no greater than sixty (60) percent opacity. A chain link or picket-style fence is an example of an acceptable guard, provided it meets the standards of paragraph (4) below.
(4)
The guard shall be designed with balusters or ornamentation such that a four-inch diameter sphere cannot pass through any opening within the guard. This shall satisfy the standards of Section 1012.3 of the Michigan Building Code regarding opening limitations.
2.
Screening walls:
a.
Unless otherwise specified herein, screening walls shall be subject to the same height and location standards established for fences in subsection D. above.
b.
If the wall is intended for screening permitted uses in commercial or industrial districts from adjacent land zoned for residential or agricultural use, the screening wall shall be six (6) feet in height.
c.
If the wall is intended to screen parking from an adjacent roadway or land zoned for residential or agricultural use, the wall shall be between three (3) and four (4) feet in height if adjacent to a roadway, and between three (3) and six (6) feet in height if adjacent to land zoned for residential or agricultural use.
3.
Landscaping walls: Landscaping walls shall be subject to the same height and location standards established for fences in subsection D. above.
F.
Barriers on corner lots or parcels: No fence, wall, protective barrier, or other manmade obstruction shall be erected or maintained on any lot or parcel within thirty (30) feet of the intersection of two (2) streets. Such unobstructed corner shall consist of a triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street property lines or in the case of a rounded property corner, from the intersection of the street property lines extended. A corner lot shall be any lot or parcel where the interior angle of two (2) adjacent sides at the intersection of the two (2) streets is less than one hundred thirty-five (135) degrees.
G.
Barriers by special exception use permit: The following materials may be used only after the approval of a special exception use permit by the planning commission. The applicant must demonstrate to the satisfaction of the planning commission the need for such materials.
1.
Barbed wire: Barbed wire, installed in cradles designed for not more than three (3) strands of barbed wire, may be erected on the top of barriers serving permitted or special exception uses, upon approval of a special exception use permit. If approved, the barbed wire cradle shall not be considered as part of the barrier for determining compliance with the maximum height limitation set forth above.
H.
Exemptions:
1.
Barriers protecting municipal or public utility installations may exceed the maximum heights established herein and barbed wire may be placed on the top of said barriers enclosing municipal or public utility installations or where deemed necessary in the interest of public safety without requiring a special exception use permit as required in subsection G.1. above.
2.
Parcels in the Rural/Agricultural (RA) zoning district with a lot area of ten (10) acres or greater shall be exempt from the standards of subsection G.1. listed above. Parcels in the Rural/Agricultural (RA) zoning district with a lot area smaller than ten (10) acres shall be exempt from the standards of subsection G.1. listed above only after approval of a special exception use permit by the planning commission.
I.
If because of the design or construction, one side of a fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot. Posts must be installed inside the property line, facing the interior of the lot.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.10. - Parking Regulations.
A.
Residential parking: At least two (2) parking spaces shall be provided per single-family dwelling unit, including multi-family units.
B.
Commercial and industrial parking: Off-street parking spaces of not less than ten (10) feet in width and twenty (20) feet in length shall be provided as listed below for each of the following uses:
C.
Industrial parking lot requirements:
1.
All parking lots shall be paved and maintained with at least one and one-half (1½) parking spaces for each employee on the largest shift, plus five additional spaces for visitors.
2.
All parking lots shall be located not closer than twenty-five (25) feet from an adjacent parcel and twenty-five (25) feet from an adjacent road right of way.
3.
All parking lots shall be lighted between dusk and dawn when the building is occupied. Such lighting shall not create a nuisance to neighboring zoning districts.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 10-01-2017, § III, 10-12-2017)
Sec. 12.11. - Industrial Utility Requirements.
A.
Utilities:
1.
All utilities shall be installed underground.
2.
Public sewer and water shall be utilized, if available.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.12. - Health, Sanitation, and Welfare Regulations.
A.
Public well-being: No open ditch, drain, pond, basin, or similar device shall be used or maintained by any person, firm, association or corporation within the township which shall be a menace to or endanger the health, comfort and well-being of the residents of Yankee Springs Township, the public or surrounding territories. No sewerage or contaminating materials shall be used or maintained by any person, firm, association or corporation which shall harbor mosquitoes, larva, or disease-carrying insects or which shall emanate obnoxious odors.
B.
Public dumping: Except as approved by Yankee Springs Township and licensed by the State of Michigan, no public dumping shall be created or maintained within the township, and no person, firm, association or corporation shall dump, deposit, leave or abandon any place within the township any scrap or waste material of whatsoever nature.
C.
Accumulation of debris, junk or other refuse: The accumulation of debris, junk, or other refuse on any premises, whether occupied or unoccupied, in any zoning district within the township, for longer than thirty (30) days is prohibited and deemed to be a violation of this ordinance.
D.
Inoperable or unlicensed vehicles: The presence of one or more inoperable or unlicensed motor vehicles, boats, or similar equipment, or any accumulation of parts thereof, exposed to public view, on any premises for more than sixty (60) days shall be deemed a violation of this ordinance.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.13. - Temporary Housing.
During the construction of a new dwelling or remodeling of an existing dwelling within the township, the home owner may request planning commission approval of the use of a mobile home, travel trailer, motor home or recreational vehicle as temporary housing on the construction site. The following restrictions and conditions shall apply:
1.
The temporary dwelling shall be connected to sewerage and water systems approved by the Barry County Health Department or include a self-contained sewerage and water system acceptable to the planning commission.
2.
The temporary housing shall be approved only for the use of the family that will occupy the completed dwelling.
3.
A waste collection company shall be hired to remove all garbage and waste products. Such products shall not be allowed to accumulate on the project site.
4.
The temporary housing shall be used for a period of not more than twelve (12) months from the date of approval by the planning commission.
5.
At the completion of the project or the approval period, whichever is sooner, the temporary housing shall be disconnected from all systems and vacated. If the temporary housing is a mobile home it shall be removed from the property.
6.
Such other conditions as the planning commission shall deem necessary to protect the site and the neighboring properties.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.14. - Outdoor Furnaces.
A.
Permit required: No person shall cause, allow or maintain the use of an outdoor furnace without first having obtained a zoning permit from the zoning administrator and all appropriate construction permits.
B.
Permitted fuel: Only firewood, wood pellets, untreated lumber, and untreated agricultural products such as corn pellets or seeds are permitted to be burned in any outdoor furnace. Burning of any other materials, including, but not limited to, garbage, painted or treated wood, rubber, or newspaper, in an outdoor furnace is prohibited.
C.
Permitted districts: Outdoor furnaces shall be permitted only in the Rural/Agricultural (RA) and Rural Residential (RR) zoning districts.
D.
Minimum lot size: Outdoor furnaces shall be permitted only on lots of one (1) acre or more.
E.
Minimum setbacks: Outdoor furnaces shall be set back not less than seventy-five (75) feet from the front, rear and side lot lines, and not less than two hundred (200) feet from the nearest existing dwelling on abutting property.
F.
Chimney height: The height of the chimney shall satisfy the manufacturer's recommendations.
G.
Spark arrestors: All outdoor furnaces shall be equipped with properly functioning spark arrestors.
H.
Seasons of operation: Outdoor furnaces shall not operate during the months of June, July or August.
I.
Effect of other regulations: Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by any federal, state, regional or local agency. Outdoor furnaces and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace shall be installed, operated and maintained in conformity with the manufacturer's specifications and recommendations and all local, state and federal codes, laws, rules and regulations.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.15. - Drainage.
A.
No property shall be filled or graded so as to cause a discharge of surface water run-off onto abutting premises.
(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)
Sec. 12.16. - Storage Containers.
A.
Cargo containers shall be allowed as a permitted use in RA, C-1, C-2, C-3, LI-1, and L-1 zoning districts as an accessory use. They may be allowed as a special exception use in any other zoning district on a lot size of three (3) acres or greater. Cargo containers shall be subject to the following requirements:
1.
All cargo containers (permanent or temporary).
a.
Location:
(1)
Cargo containers shall be located in the rear yard.
(2)
Cargo containers shall not occupy required off-street parking, fire lanes, loading/unloading areas or landscape areas nor shall they be located where they may cause hazardous conditions or constitute a threat to public safety.
b.
Setbacks: Cargo containers shall be subject to the setback limits set forth in this ordinance that are generally applicable to principal buildings and structures.
c.
Height: Cargo containers shall not be stacked above the height of a single container.
d.
Lot coverage: The surface area covered by the cargo container(s) shall be included in the lot coverage calculations for the lot, unless it is sited over an existing impervious surface.
e.
Utilities: Cargo containers shall not be provided plumbing service.
f.
Use: Cargo containers shall not be used as living quarters nor as housing for livestock or pets.
g.
Nonconforming lot/use: The placement of a cargo container on a nonconforming lot or to serve a nonconforming use shall not be considered an expansion of the nonconformity.
2.
Permanent use of cargo containers: Cargo containers may be permanently placed on property for storage purposes, subject to the following requirements in addition to those requirements in subsection (A)(1):
a.
All applicable building regulations shall apply.
b.
Cargo containers shall not be used as signage or for advertising and shall be kept free of all alphanumeric signage and writing.
c.
Any writing or graffiti placed on the container shall be the responsibility of the property owner and shall be removed.
d.
A Zoning Compliance Permit is required and shall be obtained from the Township Zoning Administrator.
3.
Temporary use of cargo containers: Cargo containers may be temporarily placed on property for storage purposes, subject to the following requirements:
a.
A Zoning Compliance Permit is required and shall be obtained from the Township Zoning Administrator.
b.
Cargo containers shall be removed from the property within ninety (90) calendar days from the date of initial placement. One (1) extension of up to ninety (90) calendar days may be approved by the Zoning Administrator.
c.
The temporary use of cargo containers associated with construction sites approved building construction project shall be permitted to remain on-site until the earlier occurrence of approval of the project's final building inspection or the expiration of the building permit.
B.
Portable storage containers shall be allowed as a permitted use in all zoning districts as accessory uses, upon issuance of a temporary land use permit from the Zoning Administrator and shall adhere to the following restrictions:
1.
Location:
a.
Portable storage containers used within a residential district or associated with a residential use shall be located on a driveway or paved area.
b.
Portable storage containers used in a non-residential district or associated with a non-residential use shall not occupy required off-street parking, fire lanes, loading/unloading areas or landscape areas nor shall they be located where they may cause hazardous conditions or constitute a threat to public safety.
c.
Portable storage containers may not be located on a vacant lot, unless the lot is associated with an approved building construction project.
2.
Height: Portable storage containers shall not be stacked above the height of a single container.
3.
Utilities: Portable storage containers shall not be provided electrical or plumbing service.
4.
Use: Portable storage containers shall not be used as living quarters nor as housing for livestock or pets.
5.
Time limits: Portable storage containers shall be removed from the property within ninety (90) calendar days from the date of initial placement. One (1) extension of up to ninety (90) calendar days may be approved by the Zoning Administrator.
(Ord. No. 12-12-2024A, § II, 12-12-2024)