The intent of this article is to provide for those regulations that generally apply, regardless of the particular zoning district and to those conditional uses that may be permitted in certain zoning districts.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the Township. The construction of buildings associated with essential services shall be subject to the provisions of §
530-12, Site plan review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.
In addition to other regulations set forth in this chapter, one additional detached single-family dwelling shall be permitted for seasonal agricultural workers. The additional dwelling unit shall conform to the following regulations:
A. An additional single-family dwelling constructed, erected, created or maintained according to these special provisions shall conform to all other regulations and restrictions set forth by this chapter that pertain to similar such structures and/or as modified by this section.
B. An additional single-family dwelling shall be allowed only on a lot containing no less than 10 acres.
C. A proposed additional single-family dwelling shall conform to all setback requirements for such structures according to §
530-39, in addition to Subsection
D below.
D. An additional single-family dwelling shall be located no less than 100 feet from any property lines.
E. The Planning Commission shall review the proposed additional single-family dwelling in accordance with the special land use process outlined in §
530-11.
Except as otherwise required by this chapter, the following regulations shall apply:
A. All districts.
Fences, walls and screens shall not to be located in any public right-of-way, clear zone (see §
530-56, Visibility at intersections) or any easement granted for the purposes of ingress or egress. These structures may be located on the property line, provided they do not interfere with underground utilities, and the applicant can provide evidence that the structure does not extend onto the adjacent property. The Zoning Administrator shall evaluate the
fence type to determine which side of a six-foot privacy shall face outward with the rule being that the finished side faces the neighbor.
B. AG District. Within the limits of the required front yard of a lot in the above district, no fence, wall, or other screening structure shall exceed four feet in height unless at least 50% of the surface area is open when viewed from the perpendicular as determined by the Zoning Administrator.
C. Residential districts. Within the limits of the required front yard of a lot within a residential district, no
fence, wall, or other screening structure shall exceed four feet in height. No such
fence, wall or other screening structure located within a side or rear yard shall exceed six feet in height. Refer to Article
II, Terminology, for the definition of required front, side and rear yards and setbacks.
D. Nonresidential districts. Within the limits of the required front yard of a lot within a nonresidential district, no fence, wall, or other screening structure shall exceed four feet in height. No fence, wall, or other screening structure shall exceed 10 feet in height.
E. The use of barbed wire, spikes, nails, or other sharp pointed instrument of any kind on top or on the sides of any
fence, electric current, or charge in said
fences is prohibited except in conjunction with agricultural operations and the following specific regulations ( see Subsection
F, below) for use in only Heavy Industrial District (I-2) outdoor storage areas. Barbed-wire cradles may also be placed on top of
fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.
[Amended 6-12-2013 by Ord. No. 13-03]
F. Electric
fences.
[Added 6-12-2013 by Ord. No. 13-03]
(1) The construction and use of electric fences shall be allowed only in the Heavy Industrial District (I-2) outdoor storage areas and as provided in this section, subject to the following standards.
(a) IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
(b) Electrification:
[1] The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.
[2] The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
(c) Perimeter fence or wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than six feet.
(d) Location. Electric fences shall be permitted only in heavy industrial outdoor storage areas after being reviewed by the Planning Commission. An electrical permit must be pulled.
(e) Height. Electric fences shall have a maximum height of 10 feet.
(f) Warning signs. Electric fences shall be clearly identified with warning signs that read: "Warning: Electric Fence" at intervals of not less than 60 feet.
(g) Electric fences shall be governed and regulated under burglar alarm regulations and permitted as such.
(h) It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.
(i) The area around electric fences shall be maintained to prevent vegetative overgrowth.
G. On waterfront lots, fences that are located between the rear of the principal building and the shoreline shall be of an open-air type, permitting visibility through at least 80% of its area.
H. Retaining walls shall be designed and constructed in accordance with applicable building code requirements.
I. Fenced dog runs and/or pens shall be located no less than 20 feet from all property lines in the RR and R-1 Zoning Districts and 10 feet from all property lines in the R-2 and R-3 Zoning Districts.
J. Open storage.
(1) There shall be no outdoor storage of any industrial or commercial equipment, vehicles and/or other materials, including wastes, unless otherwise provided by this chapter. Any storage shall be screened from public view from a public street and from adjoining properties by an enclosure consisting of a wall not less than the height of the equipment, vehicles and all materials to be stored, except in I-1 and I-2 Districts, and unless specifically covered in this chapter. Whenever such open storage is adjacent to a residential zone, special purpose or mobile home park in either a front, side or rear lot line relationship, whether immediately abutting or across a right-of-way from such zone, there shall be provided an obscuring masonry wall or wood fence of at least six feet in height.
(2) Such masonry wall or wood fence shall be repaired, maintained and kept in good condition by the owners, and where necessary, if the wall or fence is not properly maintained, money shall be put in escrow for repair and maintenance so as to not allow disrepair to continue.
The regulations in this chapter shall be subject to the following interpretations and exceptions:
A. Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the Township of Huron, it being the intention hereof to exempt such essential services from the application of this chapter.
B. Voting place. The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Township or other public election.
C. Height limit. The height limitations of this chapter shall not apply to chimneys, church spires, flagpoles, essential services or public monuments; provided, however, that the Planning Commission may specify a height limit for any such structure when such structure requires special land use approval. The Planning Commission shall only give approval if the total height is not adverse to the character of the area, detrimental to the use and/or value of the surrounding properties, and not injurious to the health, safety, and welfare of the Township of Huron. In addition, any height requirement, variance, or waiver in excess of 70 feet shall require mandatory approval of the Federal Aviation Agency.
D. Lots adjoining alleys. In calculating the area of a lot that adjoins a dedicated alley or lane, for the purpose of applying lot area requirements of this chapter, 1/2 the width of such alley abutting the lot shall be considered as part of such lot.
E. Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned unit development in the multiple-family district, or where their application cannot be determined on lots existing and of record at the time this chapter became effective, and on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified as determined by the Board of Appeals by the granting of a variance.
F. Multiple dwelling side yard. For the purpose of side yard regulations, a two-family or multiple dwelling shall be considered as one building occupying one lot.
G. Terrace. An open, unenclosed paved terrace may project into a front yard for a distance not exceeding 10 feet, but this shall not be interpreted to include or permit fixed canopies.
H. 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. Architectural features shall not include those details which are normally demountable.
All home occupations, with the exception of agricultural operations, shall be in single-family residences, subject to the following requirements:
A. A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit used for dwelling purposes (up to 20% of usable floor area of the principal building or up to 50% of an accessory building).
B. A home occupation shall not change the character or appearance of the structure or the premises, or other visible evidence of conduct of such home occupation. There shall be no external or internal alterations not customary in residential areas or structures.
C. A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibrations, glare, fumes, odor, electrical interferences, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation. Any electrical equipment processes that create visual or audible interferences with any radio or television receivers off the premises or which cause fluctuations in line voltages off the premises shall be prohibited.
D. A home occupation shall not generate sewage or water use in excess of what is normally generated from a single-family dwelling in a residential area.
E. No employees shall be permitted other than members of the immediate family residing in the dwelling unit.
F. A home occupation shall be conducted within the dwelling unit or within a building accessory thereto. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation, with the exception of a sign (nameplate) as described in Article
IX.
G. There shall be no vehicular traffic permitted for the home occupation, other than as is normally generated for a single-family dwelling unit in a residential area, both as to volume and type of vehicles.
H. Parking for the home occupation shall not exceed two spaces. Such spaces shall be provided on the premises. Off street parking is subject to all regulations in Article
X, Off-Street Parking and Loading. Parking spaces shall not be located in the required front yard.
I. No signs (wall, ground, or vehicular) shall be used to advertise the business.
J. No article shall be sold or offered for sale on the premises except as is prepared within the dwelling or accessory building or is provided as incidental to the service or profession conducted therein.
K. The exterior storage of material, equipment, or refuse associated with or resulting from a home occupation shall be prohibited.
L. The following list of uses (representative, but not exhaustive) and similar uses, by the nature of their operation, have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses shall not be permitted as home occupations:
[Added 8-10-2022 by Ord. No. 22-05]
(1) Medical clinics and hospitals.
(4) Landscape installation and maintenance businesses, including lawn mowing businesses.
(5) Trade shops for contractors, such as, but not limited to electricians, plumbers and welders.
(6) Snow plowing and/or removal businesses.
(7) Concrete, excavation and similar contractors.
(9) Fitness center or gymnasium, but this is not intended to prohibit personal trainers.
(10) Restaurants and tearooms.
(11) Repair shops and service establishments.
(12) Uses similar to the above, as determined by the Zoning Administrator.
At the option of the owner, land zoned AG, RR, R-1, R-2 or R-3 may be developed for detached single-family residential subdivisions and condominiums in the fashion established under MCLA § 125.3506, Developments combining increased density of dwelling units and open space preservation, of the Michigan Zoning Enabling Act, as amended. Land developed under this option must adhere to the following requirements:
A. Minimum open space required. In all developments proposed under the standards of this option, up to 50% of the "gross buildable area" of the subject property may be perpetually preserved as open space. "Gross buildable area" is defined as that portion of the gross site area that is buildable and specifically excluding areas that are not buildable including, but not limited to: open bodies of water, streams, floodplains, wetlands and other such non-buildable areas as defined by the MDEQ.
B. The following land areas shall not be applied toward satisfaction of the open space provision stated under §
530-50A above:
(1) Unbuildable land, including wetlands, floodplain area, open bodies of water and streams.
(a) The area of any public road right-of-way or private road easement.
(b) Areas within established lots or units within the development.
(c) Public or private golf courses.
(d) Any other area that is not buildable.
C. The following land areas may be applied toward satisfaction of the open space provision stated under §
530-50A above:
(1) Uncleared areas of the site left in their natural condition.
(3) Public and private parks developed with recreational amenities, including but not limited to landscaping, gazebos, benches, play equipment, pathways (woodchip or paved), and wildlife enhancements.
(4) Stormwater management facilities, including detention, retention and sedimentation basins, up to 25% of the total amount of open space required under §
530-50A above.
D. Open space standards. Open space intended to satisfy the provisions stated under §
530-50A must adhere to the following standards:
(1) Open space shall be centrally located, located along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces throughout the development.
(2) Open space must be left in its natural condition, provided with recreational amenities, or landscaped. Preserved open space shall not be left primarily as lawn. This subsection shall not apply to stormwater management basins.
(3) Open space provided along exterior public roads shall generally have a depth of at least 100 feet, and be either landscaped or left in a natural wooded condition. In either case, open space along exterior public roads shall be provided with a minimum of one evergreen or canopy tree for each 40 feet of road frontage. Such plantings shall be planted in staggered rows or clustered into natural groupings to provide a natural appearance. Preservation of existing trees may be credited towards meeting this frontage landscaping requirement.
(4) Open space must be accessible. Access can be provided via sidewalks and pathways throughout the development or where open space abuts road rights-of-way within the development.
(5) The Planning Commission may require connections with adjacent open space, public land or existing or planned pedestrian/bike paths.
(6) Views of open spaces from lots (or units) and roads within the development are encouraged. For larger developments (over 100 residential units or golf course communities), the Planning Commission may require view sheds of lakes or other areas as a condition of site plan approval. A viewshed shall be composed of at least 100 lineal feet of road frontage having an unobstructed view of a lake or other landscape feature found acceptable to the Planning Commission.
(7) Where lakes and ponds are located within or abut a development, the Planning Commission may require open space to provide lake access.
(8) Preservation of open space. Open space shall be set aside by the developer through an irrevocable recorded document that is found acceptable to the Planning Commission and Township Board as per §
530-15.
(9) Preservation of open space as described above under §
530-49 shall assure that open space will be protected from all forms of development, except as shown on an approved plat or site plan, and shall never be changed to another use. The recorded document utilized shall indicate the proposed allowable use(s) of the preserved open space. The Planning Commission and Township Board may require the inclusion of open space restrictions that prohibit or require the following:
(a) Prohibit dumping or storing of any material or refuse.
(b) Prohibit activity that may cause risk of soil erosion or threaten any living plant material.
(c) Prohibit cutting or removal of live plant material, except for removal of dying or diseased vegetation or seasonal pruning and necessary maintenance.
(d) Prohibit use of motorized off-road vehicles.
(e) Prohibit cutting, filling or removal of vegetation from wetland areas.
(f) Prohibit use of pesticides, herbicides or fertilizers within or adjacent to wetlands.
(g) Require that parties who have an ownership interest in the open space maintain the preserved open space.
(h) Require for the provision of standards for scheduled maintenance of the open space.
(i) Require for the provision of maintenance to be undertaken by Huron Township, at the Township's option, in the event that the preserved open space is inadequately maintained, or is determined by the Township to be a public nuisance, with the assessment of costs upon the property owners. Subject to §
530-15, Performance guarantee.
(10) Continuing obligation. The preserved open space shall remain perpetually in an undeveloped state subject only to uses approved by the Township on the approved site plan or plat. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited.
(11) Allowable structures. Any structure(s) or building(s) accessory to a recreation, conservation or agriculture use may be erected within the preserved open space, subject to the approved site plan.
(a) Accessory structures may include:
[3] Recreation structures (gazebos, boardwalks, docks, etc.);
[4] Other structures as approved by the Planning Commission.
(b) These accessory structure(s) or building(s) shall not exceed, in the aggregate, 1% of the required open space area.
E. Lot size reduction.
(1) The minimum width and area for lots or units in single-family detached residential developments, as prescribed in §
530-39, Schedule of Area, Height and Placement Regulations, of the Zoning Ordinance, may be reduced by up to 50% when developed using the option provided under this section.
(2) Every square foot of lot area reduction proposed below the minimum lot area normally permitted for the district must be preserved as open space, and may be counted toward the open space described above under §
530-50A.
F. Required yard setbacks shall not be reduced.
G. Land shall not be developed using this option in a manner that would necessitate the extension of public sewer or water outside of the Township's established utility district(s).
Land uses which are not contained by name in a zoning district list of uses permitted by right, special land uses, or accessory uses may be permitted by the Zoning Administrator, provided that such uses are clearly similar in nature and/or compatible with the listed or existing uses in that district. However, the Zoning Administrator may refer any or all such uses to the Planning Commission when there is a question of compatibility.
A. Determination of compatibility. In the evaluation of a proposed use, the Zoning Administrator shall consider specific characteristics of the use in question and compare such characteristics with the characteristics of uses expressly permitted in the district. Such characteristics shall include, but not be limited to, daily traffic generation, types of merchandise or service provided, types of goods produced, expected hours of operation, and building characteristics.
B. Type of use. If the Zoning Administrator finds that the proposed use is similar in nature and/or compatible with permitted or existing uses, the Zoning Administrator shall determine whether the proposed use shall be permitted by right, a special land use, or permitted as an accessory use. Uses that possess unique characteristics or unusual features that serve an area larger than the Township, or require large tracts of land shall be designated as special land uses, subject to the provisions set forth in §
530-11. Uses permitted by right or as accessory uses shall be subject to the review and approval requirements of the district in which they are located.
On any corner lot in any district having front and side yards, no
fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of street vehicular traffic between the heights of 30 inches and 12 feet above the road grade in an area bounded points 25 feet back from the corner along the street (see illustration in Article
II).