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.
A.
Purpose. The purpose of this section is to recognize the correlation
between land use decisions and traffic safety and operations. This
section provides for the accurate evaluation of expected impacts of
proposed projects to assist in decisionmaking. This section of this
chapter is intended to regulate site plans, planned unit developments
(PUDs), plats, lot splits, etc.; it is not intended to regulate an
individual single-family residential dwelling site. However, the Zoning
Administrator may apply the standards of this chapter to one single-family
residential dwelling site, as appropriate. It is further intended
to help achieve the following objectives:
(1)
Provide a standard set of analytic tools and format for preparing
traffic impact studies.
(2)
Allow the community to assess the effects that a proposed project
may have on the community by outlining necessary information and evaluation
procedures to be used.
(3)
Provide clear access standards and roadway improvement policies that
provide property owners with reasonable access and relate improvements
to those specifically and uniquely attributable to the proposed development.
(4)
Ensure safe and reasonable traffic operating conditions on streets
and at intersections after development of the proposed site.
(5)
Reduce the negative impacts created by individual developments by
helping to ensure the transportation system can accommodate the expected
traffic in a safe and effective manner.
(6)
Realize a comprehensive approach to the overall impacts of developments
along arterials and collectors, rather than a piecemeal approach.
(7)
Protect the substantial public investment in the existing roadway
system.
B.
Application of standards for arterials and collectors.
(1)
The standards of this section shall be applied to land uses within
all zoning districts located on an arterial or collector road.
(2)
A traffic impact study [see Subsection B(3) below] shall be required for a rezoning, site plan, condominiums or subdivision plat under any of the following situations:
(a)
For any proposed rezoning, whether consistent or not with the
current Master Plan, when the proposed uses could generate at least
100 trips during the peak hour or over 750 trips in an average day.
The traffic impact study shall evaluate the changes between the potential
uses that are the most intense trip generators under the current zoning
and the zoning being requested.
(b)
For any proposed site plan when the proposed uses could generate
at least 100 trips during the peak hour or over 750 trips in an average
day.
(c)
For other proposed development projects, as may be requested
by the Planning Commission. Examples may include projects requiring
special land use permits or PUDs.
(3)
The traffic impact study shall be submitted at the time of site plan
application. The study shall be prepared by a professional engineer
registered in the State of Michigan or Community Planner with AICP
or PCP certification with education and experience in transportation
planning and/or traffic engineering. Data should be presented in tables,
graphs, maps, and diagrams whenever possible for clarity and ease
of review. The contents of the study shall include:
(a)
Description of site, surroundings, and study area. Illustrations
and a narrative should describe the characteristics of the site and
adjacent roadway system, including functional classification, number
of lanes, speed limits, etc. This description should include surrounding
land uses, expected development in the vicinity which could influence
future traffic conditions, special site features, and a description
of any committed roadway improvements.
(b)
Description of requested zoning or use.
[1]
For a rezoning or Master Land Use Plan amendment, a description
of the potential uses which would be allowed, compared to those allowed
under current zoning, should be provided.
[2]
For a site plan, plat, or development plan, a description of
factors, including but not limited to number and types of dwelling
units, the gross and usable floor area, or the number of employees
should be provided.
(c)
Description of existing traffic conditions. Roadway characteristics
shall be described and illustrated, as appropriate. Features to be
addressed include lane configurations, geometrics, signal timing,
posted speed limits, and any sight distance limitations.
(d)
Traffic counts. Existing conditions, including peak-hour volumes
and daily volumes on roads adjacent to the site, should be provided.
Existing counts and levels of service calculations for intersections
in the vicinity which are expected to be impacted should be provided.
Traffic count data shall not be over three years old, and shall be
adjusted by a growth factor to reflect current conditions. Counts
shall be taken on a Tuesday, Wednesday or Thursday of non-holiday
weeks. Additional counts on other weekdays or on weekends may be required
in some cases, as requested by the Planning Commission.
(e)
Traffic crash data and analysis. Crash data shall be evaluated,
covering the most recent three years of available information for
the study area.
(f)
Road right-of-way. The existing road right-of-way shall be identified,
along with any planned expansion of the right-of-way by the applicable
road agency.
(g)
Background traffic growth. For any project with an anticipated
completion date beyond one year from the time of the study, the analysis
shall also include a scenario analyzing forecast traffic at the date
of completion. The forecast shall be based on long range projections
from a network traffic assignment model, if available, historic annual
percentage increases, and/or future development in the area which
has been approved.
(h)
Trip generation.
[1]
Trip generation of the proposed use shall be forecasted for
the a.m. (if applicable) and p.m. peak hour and the average day. The
forecasts shall be based on the data and procedures outlined in the
most recent edition of Trip Generation published by the Institute
of Transportation Engineers (ITE).
[2]
If a particular land use code in Trip Generation has a data
set that is statistically significant, then a value one standard deviation
above the average value of the data set shall be used. If it is not
statistically significant, then the maximum value of the data set
shall be used.
[3]
Alternately, a published or unpublished trip generation study
for a comparable development may be utilized, if performed by a professional
engineer and subject to review and approval by the Township Engineer.
[4]
Trip reduction for pass-by trips, ride-sharing, transit, etc.
are generally not allowed without specific approval of the Township.
[5]
For projects intended to be developed in phases, the trip generation
by phase shall be described.
(i)
Trip distribution. The projected traffic generated shall be
distributed for inbound and outbound movements onto the existing road
network to forecast turning movements at site access points and nearby
intersections, where required. Forecasted turning movements shall
be illustrated in the report. A description of the application of
standard engineering procedures for determining the distribution should
also be included.
(j)
Impact analysis.
[1]
Capacity or level-of-service (LOS) analysis at the proposed
access points and intersections to be reviewed shall be performed
using the procedures outlined in the most recent edition of Highway
Capacity Manual, published by the Transportation Research Board. Generally,
capacity analyses shall be performed for all intersections in the
study area where the expected traffic generated at the site will comprise
at least 5% of the existing intersection capacity, and/or locations
experiencing a relatively high crash rate.
[2]
Gap studies and/or traffic signal warrant studies for unsignalized
intersections should be provided where applicable.
(k)
Other study items.
[1]
The need for, or provision of, any additional road right-of-way.
[2]
Changes which should be considered to the plat or site plan
layout.
[3]
The adequacy of the queuing (stacking) area for a drive-through
facility, or other facilities of concern.
[4]
Evaluation of sight distances at proposed site driveways.
(l)
Mitigation and alternatives. The study shall outline mitigation
measures specifically and uniquely attributable to the development
that are needed to maintain traffic flow to, from, and within the
site at an acceptable and safe level. It shall demonstrate any changes
to the level-of-service (LOS) achieved by these measures. The mitigation
measures may include, but are not limited to, items including, but
not limited to roadway widening, passing lanes, turning lanes, deceleration
tapers/lanes, changes to signalization, use of access management or
travel demand management techniques, and the reduction in the proposed
intensity of development.
(4)
The access management and driveway standards contained herein shall
be required in addition to, and, where permissible, shall supersede,
the requirements of the Michigan Department of Transportation (MDOT)
and/or the Wayne County Department of Public Services (WCDPS).
(5)
For expansion and/or redevelopment of existing sites, where the Planning
Commission determines that compliance with all standards of this section
is unreasonable, the standards shall be applied to the maximum extent
possible. In such situations, suitable alternatives which substantially
achieve the purpose of this section may be accepted by the Planning
Commission, provided that the applicant demonstrates that all of the
following apply:
(a)
Size of the parcel is insufficient to meet the dimensional standards.
(b)
The spacing of existing, adjacent driveways or environmental
constraints prohibit adherence to the access standards at a reasonable
cost.
(c)
The use will generate less than 500 total vehicle trips per
day or less than 75 total vehicle trips in the peak hour of travel
on the adjacent street, based on rates developed by the Institute
of Transportation Engineers.
(d)
There is no other reasonable means of access.
C.
Access controls. A single means of direct or indirect access shall
be provided for each separately owned parcel. Where possible, this
access shall be by way of a local road, shared driveway or a marginal
access (service) drive. Where it is not possible to provide shared
access, this access may be by a single driveway. The control of driveway
and local road access to arterial and collector roads in the Township
is critical to the safe and efficient operation of these facilities.
Experience has shown that implementation of these policies will minimize
highway congestion and crashes, while creating more attractive, function,
and economically viable places throughout the Township.
(1)
Direct access. The number of driveways shall be the minimum necessary
to provide reasonable access for regular traffic and emergency vehicles,
while preserving traffic operations and safety along the public roadway.
No more than one driveway (or a one-way pair) is allowed per property,
unless appropriate documentation is provided demonstrating the need
for additional driveways. Additional driveways may be permitted for
a property only under one of the following:
(a)
One additional two-way driveway may be allowed for properties
with a continuous frontage of over 500 feet, and one additional two-way
driveway for each additional 500 feet of frontage, if the Planning
Commission determines there are no other reasonable access opportunities.
(b)
Two one-way driveways may be permitted along a frontage of at
least 125 feet, provided that the driveways do not interfere with
operations at other driveways or along the road.
(c)
The Planning Commission may determine additional driveways are
justified due to the amount of traffic generated by the use, without
compromising traffic operations along the public road, based upon
a traffic impact study submitted by the applicant. Similarly, they
may determine that additional driveways are required due to community
interests, including but not limited to emergency vehicle access or
to avoid unduly concentrating traffic into or out of the site.
(2)
Indirect access. The use of shared driveways, service roads, and
cross access, in conjunction with driveway spacing, is intended to
preserve traffic flow along arterials and collectors and minimize
traffic conflicts, while retaining reasonable access to the property.
Where noted herein, or where the Planning Commission determines that
reducing the number of access points may have a beneficial impact
on traffic operations and safety while preserving the property owner's
right to reasonable access, access from a side road, a shared driveway,
or service street connecting two or more properties or uses may be
required. In particular, service drives, frontage roads, or parking
lot maneuvering lane connections between lots or uses may be required
in the following cases:
(a)
Where the driveway spacing standards of this section cannot
be met.
(b)
When the driveway could potentially interfere with traffic operations
at an existing or potential traffic signal location.
(c)
The site is along a corridor within the Township where there
is congestion or a relatively high number of accidents.
(d)
The property frontage has limited sight distance.
(3)
Recirculation of traffic within sites. If developments are proposed
that utilize one-way circulation aisles, the site shall be configured
to allow the recirculation of traffic within the site without the
need to first exit out onto the street system. For those developments
that utilize cross access with adjacent properties, recirculation
of traffic may occur through the cross access, upon approval of the
Planning Commission.
(4)
Interconnection requirements between plats/site condos. All plats
or site condominiums constructed after the adoption date of this chapter
shall provide an interconnecting street or dedicated easement to adjacent
vacant properties and/or existing developments, when determined feasible
by the Planning Commission. Therefore, all interconnecting streets
shall be designed to the current WCDPS standard and, whether public
or private, shall be coordinated with adjacent property owners.
(5)
Access conflicts with major intersections. Driveways should be located
and designed to minimize interference with the operation of left-turn
lanes at arterial road intersections.
(6)
Driveway locations.
(a)
Driveways shall be so located that no undue interference with
the free movement of road traffic will result, to provide the required
sight distance, and the most favorable driveway grade.
(b)
Driveways, including the radii, but not including right-turn
lanes, passing lanes and tapers, shall be located entirely within
the permit applicant's right-of-way frontage, unless the driveway
is being shared by adjacent property owners. This right-of-way frontage
is determined by projecting the property lines to the edge of pavement
of the road. Encroachment of curb and radii on adjacent right-of-way
frontage shall be permitted only upon written certification from the
adjacent property owner agreeing to such encroachment or as necessary
to preserve the safety of the road.
(7)
Driveway spacing between driveways.
(a)
The minimum spacing between two driveways on the same side of
the street shall be based upon posted speed limits along the parcel
frontage. The minimum spacing indicated below is measured from center
line to center line.
|
Driveway (Two-Way) Spacing Standards for Arterial Roads
| ||
|---|---|---|
|
Posted Speed Limit
(mph)
|
Minimum Driveway Spacing
(feet)
| |
|
25
|
130
| |
|
30
|
185
| |
|
35
|
245
| |
|
40
|
300
| |
|
45
|
650
| |
|
50 +
|
455
| |
|
Driveway (Two-Way) Spacing Standards for Collector Roads
| ||
|---|---|---|
|
Posted Speed Limit
(mph)
|
Minimum Driveway Spacing
(feet)
| |
|
25
|
125
| |
|
30
|
150
| |
|
35
|
175
| |
|
40
|
200
| |
|
45
|
230
| |
|
50 +
|
275
| |
(b)
For sites with insufficient street frontage to meet the above
criterion, the Planning Commission may require construction of a driveway
out to a side street, a shared driveway with an adjacent property,
construction of a driveway along the property line farthest from the
other driveway, or require a service drive/frontage road.
(8)
Driveway spacing from intersections. A proposed driveway should be
located as far as practicable from an intersection, either adjacent
to it or on the opposite side of the road. The distance may be set
on a case-by-case basis by the Planning Commission during site plan
review, but in no instance shall be less than the distances listed
above. For sites with insufficient road frontage to meet the above
criterion, the Planning Commission may require construction of the
driveway along a side road, a shared driveway with an adjacent property,
construction of a driveway along the property line farthest from the
intersection, or require a service/frontage road.
(9)
Driveway offsets. To reduce left-turn conflicts, new driveways should
be aligned with driveways or roads on the opposite side of the roadway
where possible. If alignment is not possible, driveways should be
offset a minimum of 250 feet along an arterial highway and 150 feet
along collector roadways. Longer offsets may be required depending
on the expected inbound left-turn volumes of the driveways, or sight
distance limitations.
D.
Roadway improvement design concepts. In the event that roadway widening
is proposed to provide for safe access into the development of left-turning
traffic, the Township encourages the provision of center lanes for
left turns, and discourages the use of passing lanes. Passing lanes
shall not be permitted if any portion of the passing lane or its tapers
overlap or fall within 200 feet of any existing center lane for left
turns or its tapers. In such cases, the existing center lane for left
turns shall be extended to provide turning storage for access to the
proposed development.
(1)
Measuring driveway spacing and offsets. For the purposes of determining
the distances between driveways, their offsets to one another, and
the spacing to intersections, the measurement shall be based on extending
the center line of the driveway(s) out to the center of the traveled
portion of the road, and measuring along the center of the road.
(2)
Sight distance.
(a)
The minimum and desirable sight distance for the indicated types
of approaches shall be in accordance with the following tables:
|
Commercial Driveways and Private Roads
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Speed Limit
(mph)
|
25
|
30
|
35
|
40
|
45
|
50
|
55
| |
|
Minimum sight distance, feet
|
360
|
430
|
490
|
560
|
620
|
680
|
760
| |
|
Desirable sight distance, feet
|
360
|
430
|
530
|
660
|
830
|
1030
|
1240
| |
|
Residential Drives, When Driving Forward Out Of The Driveway
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Speed Limit
(mph)
|
25
|
30
|
35
|
40
|
45
|
50
|
55
| |
|
Minimum sight distance, feet
|
250
|
300
|
350
|
400
|
450
|
500
|
550
| |
|
Desirable sight distance, feet
|
360
|
430
|
490
|
560
|
620
|
680
|
760
| |
|
Residential Drives, When Backing Out Of The Driveway
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Speed Limit
(mph)
|
25
|
30
|
35
|
40
|
45
|
50
|
55
| |
|
Minimum sight distance, feet
|
300
|
350
|
400
|
450
|
500
|
550
|
600
| |
|
Desirable sight distance, feet
|
375
|
440
|
520
|
600
|
700
|
830
|
980
| |
(b)
Sight distance shall be measured 15 feet from the edge of pavement.
The eye height will be assumed to be 3.25 feet and the object height
will be two feet. The posted speed limit will be used to determine
the required sight distance.
(3)
Driveway details. Driveways shall be designed according to the applicable
standards of the MDOT or WCDPS and in accordance with the following:
(a)
For high traffic generators, or for driveways along roadways
experiencing or expected to experience congestion, all as determined
by the Planning Commission, two egress lanes may be required, one
being a separate left-turn lane.
(b)
Where a boulevard entrance is designed by the applicant or required
by the Planning Commission, a fully curbed island shall separate the
ingress and egress lanes. The radii forming the edges on this island
shall be designed to accommodate emergency vehicles. The minimum area
of the island shall be 180 square feet. The Planning Commission may
require landscaping of the area located outside the public right-of-way.
Such landscaping shall be tolerant of roadway conditions. Direct alignment
of boulevard entrances across from one another is discouraged.
A.
Detached accessory buildings (residential). Except as otherwise permitted
in this Zoning Ordinance, all detached accessory buildings located
in a residential district, and less than 600 square feet in area,
are subject to the following:[1]
(1)
All accessory buildings shall be architecturally compatible with
the principal building (i.e., building materials, roof pitch, height,
etc.). A determination of architectural compatibility can be referred
to the Planning Commission at the sole discretion of the Zoning Administrator.
(2)
All multiple-story detached accessory buildings in the R-2 and R-3 Zoning Districts shall be subject to the special land use criteria and procedures of § 530-11.
(3)
Habitable space is allowed within a detached accessory buildings subject to the special land use criteria and procedures of § 530-11 and the following:
(a)
No more than 50% of the total floor area (combined first and
second floors, where applicable) may be occupied as habitable space.
(b)
The space may only be occupied by an immediate family member
(i.e., father, mother, daughter, son, grandparent, and grandchild).
(c)
Under no circumstance shall the space be rented or cause to
be occupied by someone other than an immediate family member.
(d)
All such detached accessory buildings shall be located no less
than 20 feet from a rear or side property line and no less than 30
feet another building.
(5)
Before a building permit can be issued, a certificate of zoning compliance
shall be sought and will be issued if determined by the Zoning Administrator
that all ordinance provisions have been satisfied.
[1]
Editor's Note: See Detached Accessory Buildings in Residential Districts, which is included as an attachment to this chapter.
B.
Detached accessory buildings (office and commercial). Except as otherwise
permitted in this Zoning Ordinance, all detached accessory buildings
located in an office or commercial district are subject to the following
regulations:
(1)
All buildings shall be subject to review by the Zoning Administrator.
(2)
All buildings shall be located in the rear yard only.
(3)
All buildings are subject to the same placement and height requirements
applicable to main structures in the district.
(4)
All buildings shall not exceed a ground floor area of 900 square
feet.
(5)
Before a building permit can be issued, a certificate of zoning compliance
shall be sought and will be issued if determined by the Zoning Administrator
that all ordinance provisions have been satisfied.
C.
Attached accessory buildings (residential). Except as otherwise permitted
in this Zoning Ordinance, all attached accessory buildings located
in a residential district are subject to the following regulations:
|
Maximum Building Height
| ||||
|---|---|---|---|---|
|
Districts
|
Floor Area
|
Stories1
|
Feet1
| |
|
RR, R-1, R-2, R-3
|
40% of the principal building
|
2
|
30
| |
|
RM
|
40% of the principal building
|
2 1/2
|
35
| |
|
MHP
|
40% of the principal building
|
See § 530-90
|
See § 530-90
| |
|
NOTES:
| ||
|
1
|
The height shall not exceed that of the existing main building.
| |
(1)
All accessory buildings shall be architecturally compatible with
the main building (i.e., building materials, roof pitch, height, etc.).
A determination of architectural compatibility can be referred to
the Planning Commission at the sole discretion of the Zoning Administrator.
(3)
Before a building permit can be issued, a certificate of zoning compliance
shall be sought and will be issued if determined by the Zoning Administrator
that all ordinance provisions have been satisfied.
D.
Decks. Decks requiring a foundation shall be subject to the following:
(1)
The total square footage, excluding steps, shall not exceed the ground
floor area of the principal building.
(2)
Decks shall be subject to the following minimum setback requirements:
(a)
A deck shall comply with the side yard requirements of the district
in which it is located.
(b)
A deck shall be permitted to encroach in the required rear and/or
front yard by no more than 10 feet, provided the portion of a deck
that occupies the required yard shall not be above the elevation of
the first floor of the residence. Furthermore, the portion of a deck
that occupies the required yard shall not contain any enclosed or
covered structures, including but not limited to a gazebo or screened
porch.
(3)
Before a building permit can be issued, a certificate of zoning compliance
shall be sought and will be issued if determined by the Zoning Administrator
that all ordinance provisions have been satisfied.
E.
Private swimming pools. Except as otherwise permitted in this Zoning
Ordinance, all private swimming pools (above or below ground) shall
be subject to the following:
(1)
Only permitted in the rear or side yard.
(2)
No swimming pool shall be located within five feet of any building.
(3)
There shall be a distance of not less than 10 feet between the adjoining
property line and the outside of the pool wall.
(4)
No swimming pool shall be located less than 35 feet from a front
lot line.
(5)
No less than a twenty-five-foot separation is required between a
pool and a private water well and 75 feet from a public or semipublic
water well.
(6)
The pool shall be three feet horizontally from any sewer line and
10 feet from any septic field.
(7)
The pool shall be at least 10 feet horizontally from any point directly
under any overhead electrical or telephone line.
(8)
No swimming pool shall be located in an easement.
(9)
The pool area shall be constructed so that runoff from the pools
will not flow onto adjoining property. The construction of a pool
near a property line could require a curb or mounding of the earth
to prevent runoff on adjoining property.
(10)
All pools shall be constructed so that there will not be a cross-connection
between potable water system and pool circulation system. The water
supply to the pool shall be protected against back flow by use of
an approved back flow preventer.
(11)
All pools shall be protected by a four-foot wall or fence. Any
gate or access to the pool shall be equipped with a lock. The fencing
material shall be such so that it is not easy for children to climb.
The stair or ladder, if it can be locked in an up position so that
one cannot climb into the pools, can be used to secure an aboveground
pool.
(12)
Before a building permit can be issued, a certificate of zoning
compliance shall be sought and will be issued if determined by the
Zoning Administrator that all ordinance provisions have been satisfied.
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.
D.
An additional single-family dwelling shall be located no less than
100 feet from any property lines.
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.
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.
[1]
Editor's Note: Former § 530-47, Home businesses,
was repealed 8-10-2022 by Ord. No. 22-04]
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.
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.
(2)
Animal
hospitals.
(3)
Antique
shops.
(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.
(8)
Trailer
rental.
(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.
A.
Whenever the preservation of open space is required by this chapter,
the applicant shall provide a demonstrated means that all open space
portions of the development will be maintained in the manner approved.
Documents shall be presented that bind all successors and future owners
in fee title to commitments made as a part of the proposal. This provision
shall not prohibit a transfer of ownership or control, provided notice
of such transfer is provided to the Township and the land uses continue
as approved in the open space community plan. The dedicated open space
shall be set aside by the applicant through an irrevocable conveyance
that is found acceptable to the Planning Commission, including but
not limited to:
(1)
Recorded deed restrictions.
(2)
Covenants that run perpetually with the land.
(3)
Conservation easements, including but not limited to those established
per the State of Michigan Conservation and Historic Preservation Easement
Act, Public Act 60 of 1995 (MCLA § 324.2140 et seq.), as
amended.[1]
(4)
Land trust.
B.
Such conveyance shall assure that the open space will be protected
from all forms of development, except as shown on an approved site
plan, and shall never be changed to another use. Such conveyance shall:
(1)
Indicate the proposed allowable use(s) of the dedicated open space.
(2)
Demonstrate to the satisfaction of the Township that dedicated open
space shall be maintained.
(3)
Provide standards for scheduled maintenance of the open space.
(4)
Provide for maintenance to be undertaken by the Township in the event
that the dedicated open space is inadequately maintained, or is determined
by the Township to be a public nuisance, with the assessment of costs
upon property owners within the proposed development.
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.
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.
(2)
Landscaped greenbelts.
(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.
(5)
Buildable areas.
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.
E.
Lot size reduction.
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.
A.
Construction standards. Minimum construction standards for all one-family
dwellings shall be pursuant to all applicable state, federal and/or
local laws, codes and ordinances.
B.
Unit size and dimensions. Each dwelling unit shall comply with the
minimum square footage requirements of the zoning district in which
it is located. Each dwelling unit shall have a minimum width on all
elevations of 24 feet.
C.
Foundation and anchoring.
(1)
Single-family dwellings must be installed on a permanent foundation.
At a minimum, this shall include a cement block or poured foundation
with cement footings around the complete outside perimeter of the
dwelling. A basement, in accordance with applicable Township codes,
may be substituted for equivalent portions of the foundation. If the
foundation or basement does not meet specifications for imposed load
capacity, adequate additional support shall be provided.
(2)
A crawl space of not less than 24 inches shall be provided between
the bottom of the home and the ground level. The crawl space shall
not be utilized for storage purposes.
(3)
A minimum of two exterior doors must be provided. All means of access,
including but not limited to porches, steps and ramps, shall be fixed
to the foundation of dwellings.
D.
Roof design.
(1)
The roof of each dwelling unit shall be pitched with a minimum 6:12
slope and shingled, with an overhang of not less than 12 inches on
all sides. The roof must be permanently attached to and supported
by the dwelling and not by exterior supports. All dwellings shall
have roof drainage systems concentrating roof drainage at collection
points. Eaves troughs must be provided where appropriate.
(2)
Exceptions to roof design and materials may be granted when said
roof design and materials are typical of a particular architectural
style and/or are compatible with dwelling units in the surrounding
area. Sealed architectural plans shall be furnished to the Zoning
Administrator for his or her review as to this exception.
E.
Sewer and water service. All single-family dwellings shall be served
by public sewer and water service, where available, or approved on-site
systems in the case where public sewer and water service are not available.
F.
Storage areas. All single-family dwellings shall contain inside storage
areas equal to 10% of the square footage of the building, or 100 square
feet, whichever is less. Such storage areas may be located in a basement
beneath the dwelling, in an attic area, in one or more closet areas
or in an attached or detached structure, with construction standards
and material of equal quality and durability to the principal structure.
G.
Compatibility determination.
(1)
In terms of construction standards, character, materials, design,
appearance, aesthetics and quality, all dwellings shall be compatible,
(i.e., meet equal or greater standards), as compared with existing
dwellings in the area. The Zoning Administrator shall make the determination
of compatibility in the first instance, based upon the plans, specifications
and elevations that shall be presented upon application for a building
permit.
(a)
Such determination shall be made in view of the following:
[1]
The area of consideration. If the dwelling is to be located
in a platted subdivision, planned unit development or site condominium
development, it shall be compatible with the houses in the plat. If
not in a platted subdivision, planned unit development or site condominium
development, it shall be compatible with the dwellings within 500
feet of the property in question.
[2]
The square footage of floor space.
[3]
The length, width and height of the structure.
[4]
The architectural type and design, including, without limitation,
exterior materials, the custom nature of the design, the roof style
and the like, to the extent that the same would likely bear upon property
values.
[5]
The attachment of garages.
(b)
These regulations shall not be construed to prohibit innovative
design concepts involving such matters as energy conscious devices,
including solar energy, view, unique land contour and/or custom qualities.
(2)
The Zoning Administrator may request a review by the Planning Commission
of any dwelling unit with respect to this section. The Zoning Administrator
or the Planning Commission shall not seek to discourage architectural
variation, but shall seek to promote the reasonable compatibility
of the character of dwelling units, thereby protecting the economic
welfare and property value of surrounding residential uses and the
Township at large.
H.
Criteria for permitting single-family dwellings within a building
containing another permitted use.
(1)
First floor uses. Due to the potential for incompatibilities of use
when a residential dwelling unit is located on the first floor of
a building in a nonresidential area, certain criteria must be satisfied
as part of the special land use request. The criteria associated with
a first floor residential use include the following:
(a)
Compatibility of architecture. The front facade of the building
shall be designed to be compatible with the adjacent structures when
located in a predominantly nonresidential area.
(b)
Driveways. Only one driveway will be permitted for the structure
unless located on a corner lot.
(c)
Location of off-street parking. The required parking shall be
provided on-site and located within the rear of the property.
(d)
Trash containers. All such containers shall be located within
an enclosure situated within the rear of the property.
(e)
Building occupancy. A residential use shall not occupy more
than 50% of the gross first floor area.
A.
No motor vehicle shall be kept, parked or stored in any district
zoned for residential use unless it shall be in operating condition
or properly licensed, or kept inside a building. The purpose of this
provision is to prevent the accumulation of junk motor vehicles, and
therefore, it shall not apply to any motor vehicle ordinarily used,
but temporarily out of running condition. If a motor vehicle is being
kept for actual use, but is temporarily unlicensed, the Planning Department
may grant the owner a reasonable time, not to exceed six months, to
procure such license.
(1)
Likewise, no old, rusty and unsightly machinery, machines or part
of machines not suited for use upon the premises, or quantities of
old and used materials, shall be kept or stored outside of a building;
provided, however, that building materials fit to be used to improve
the premises may be kept if it is piled off the ground so as not to
become a rat and rodent harbor.
(2)
If a motor vehicle is to be stored outdoors for a long period because
a family member is in the military service, or some other similar
reason, and the vehicle does not have an appearance detrimental to
the area, the Planning Department may grant the right to store the
vehicle for said period, without a license, under the best conditions
available, which conditions shall be stated in writing.
B.
The open parking and/or storage of a travel trailer, boat or similar vehicle not owned by a resident of the Township, for periods exceeding 72 hours on land not approved for said parking or storage shall be expressly prohibited unless the provision of § 530-55, Temporary buildings and structures, apply to the proposed use. All travel trailers, boats, recreational vehicles, and similar vehicles owned by residents of the Township and stored on their individual lots, shall be stored within the rear yard.
C.
The storage of vehicles exceeding one-ton rated capacity shall be
permitted in AG (Agricultural) Districts when such vehicles are utilized
for farming purposes, licensed as such, and meet the following conditions:
(1)
The parcel of land on which it is stored shall be five acres or more
which is actively being farmed.
(2)
The vehicle shall be owned and/or operated by a resident of the premises.
A.
Structures and buildings of historic significance shall be permitted to be used as a special land use for any purpose permitted by this chapter, notwithstanding the specific regulations of the zoning district within which they are located, provided the conditions of this section and § 530-11 are met.
B.
In determining whether the proposed special land use shall be permitted
with regard to any structure or building, the Planning Commission
shall first make a determination of whether the structure or building
is of historic significance by considering the factors listed in this
subsection. The Planning Commission shall make findings of fact with
regard to each factor.
(1)
Is the building or structure designated by the State of Michigan
or the United States of America as a historical site?
(2)
Is the building or structure associated with important events, people
or institutions?
(3)
Does the building or structure represent the distinctive characteristics
of a given period, type of building or method of construction?
(4)
Is the building or structure design, exterior or interior, odd or
picturesque?
(5)
Does the building or structure represent an important innovation
in the history of architecture and/or structural technology?
(6)
Is the building or structure located on the original site?
(7)
What are the realistic possibilities of authenticating the original
appearance of the building or structure?
(8)
Will the building or structure yield information on history or prehistory
during its rehabilitation?
(9)
How old is the building or structure?
(10)
How many similar buildings or structures remain in the area?
(11)
Is the building or structure a part of a harmonious larger context
which would be harmed by its removal?
(12)
Is the building or structure characteristic of physical surroundings
in which past generations lived?
(13)
Any other factor relevant to a determination of historical significance.
C.
If the Planning Commission determines that the structure or building is of historic significance, it shall then determine whether the structure or building shall be permitted to be used in the manner requested by the special land use applicant. In making this determination, the Planning Commission shall grant the special land use if the standards listed in this subsection as well as those factors listed in § 530-11 of this chapter are met. The Planning Commission shall make findings of fact with regard to each factor considered.
(1)
The building or structure may be in immediate danger of being lost
to the community by reason of deterioration, demolition, alteration
or removal.
(2)
There must be a realistic possibility of reusing the building or
structure in a manner which would preserve its historical significance.
(3)
If preserved, the building or structure must protect or enhance nearby
property values.
(4)
The proposed special land use, if granted, must encourage the use
of land, structures and buildings in accordance with their character
and adaptability.
(5)
The proposed special land use, if granted, must promote a needed
change in the character of the neighborhood within which it is located
or must promote needed stability in the character of the neighborhood
within which it is located.
(6)
The proposed special land use, if granted, must not be detrimental
with the uses of nearby land.
D.
In addition to such other special conditions as the Planning Commission may impose pursuant to § 530-11 of this chapter, the Planning Commission shall impose the following special conditions where appropriate and necessary to insure preservation of the building or structure under consideration, enhance the goals of this chapter with respect to protection of adjacent properties, and limit the abuse of this method of historic preservation.
(1)
Alteration of the building, structure, or site and its environment
shall be kept to the minimum necessary to adapt the building, structure
or site to the special land use permitted.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall not be permitted.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to any property.
(9)
Contemporary design for alterations and additions to existing properties
shall be permitted only when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
(10)
New additions or alterations to structures shall be done in
such a manner that if such additions or alterations were to be removed
in the future, the essential form and integrity of the structure would
be unimpaired.
(11)
Preservation of the building or structure shall include techniques
of arresting and retarding the deterioration through a program of
ongoing maintenance.
(12)
Reinforcement required for structural stability or the installation
of protective or code required mechanical systems shall be concealed
whenever possible so as not to intrude or detract from the structures
aesthetic and historical qualities, except where the concealment will
result in the alteration or destruction of historically significant
materials or spaces.
(13)
State and national historical designations shall be aggressively
pursued.
A.
No temporary dwelling, whether of a fixed or movable nature, may
be erected, altered, or moved upon or used in whole or in part for
any dwelling purpose whatsoever for any time whatsoever except as
permitted in the following situations:
(1)
If a permanent principal residential structure is destroyed in whole
or in part by a natural or man-made event, including but not limited
to fire, flood, windstorm, or tornado, to an extent that it is uninhabitable
for a period of time, a mobile home, travel trailer or motor home
may be occupied as an emergency temporary structure by the family
so displaced during repair or replacement of the permanent dwelling
for a period of up to six months. The Zoning Administrator may renew
the permit for the use of a temporary dwelling for such purposes for
a second six-month period; however, in any case, the use of a temporary
dwelling for such purpose shall not exceed one year.
(2)
A temporary use permit may be granted for the storage and occupancy
of a motor home or travel trailer, providing the following conditions
are met:
(a)
The vehicle may be stored and occupied on-site for no more than
three months out of any given year.
(b)
The vehicle is properly licensed.
(c)
The vehicle is stored in the rear yard, but may be stored in
the side yard, provided it is at least 10 feet from the property line
and no less than 20 feet from or adjacent to a residential dwelling
and maintains the required front yard setback.
(d)
The vehicle shall be maintained to appear as if it is unoccupied,
including the storage of all paraphernalia within the vehicle.
B.
Requirements and procedures. A temporary dwelling, when permitted, shall conform to the following requirements and procedures. No permit shall be issued and no temporary dwelling occupied until requirements in Subsection B(1) through (4) listed below are met:
(1)
An application for a permit for the temporary use and installation
of a mobile home, modular, or prefabricated dwelling unit shall be
made to the Zoning Administrator. The application shall be accompanied
by a plot plan showing the location of the proposed structure to verify
compliance with all yard requirements of the zoning district in which
it is located, unless a more restrictive provision exists herein.
(2)
The application shall be reviewed by a committee composed of the
Zoning Administrator and two Township Board members. Approval of the
application may be granted by a majority vote of the committee upon
a finding that all of the following conditions are met:
(a)
The principal residential structure has been destroyed in whole
or in part by fire, explosion, or natural disaster and therefore is
uninhabitable.
(b)
The temporary dwelling unit shall be connected to public sewer
and water.
(c)
The temporary dwelling unit shall comply with all applicable
zoning district requirements, including setback, area, bulk, and other
requirements, except minimum house size requirements.
(3)
The granting of a permit for an emergency temporary dwelling unit
shall be for a period of up to one year from the date of approval
by the committee. Up to one six-month extension may be requested in
accordance with the same provisions noted above. Any conditions of
approval shall be specified in writing on the permit. When occupancy
in a nonemergency temporary dwelling is anticipated to last longer
than three months, the dwelling shall be connected to private water
supply and sewage disposal systems approved by the Wayne County Health
Department, or to a public water supply or sanitary sewer system.
(4)
The permit shall establish a reasonable date for the vacation or
removal of the temporary emergency structure, whichever is applicable;
said date shall be within two weeks of the date of occupancy of the
constructed, replaced, or repaired dwelling, with the date of occupancy
to be as listed on the certificate of occupancy of the permanent dwelling.
A performance or cash bond, in an amount to be determined by resolution
of the Township Board shall be provided to the Zoning Administrator
to insure the vacation or removal of the temporary structure, whichever
is applicable.
(5)
The Zoning Administrator shall provide a written statement setting
forth the conditions of the use permit to the residents of a temporary
dwelling and shall retain a copy in the files of the Zoning Administrator.
Upon receiving the permit, the owner/occupant shall indicate by his/her
signature that he/she has full knowledge of the terms of the permit
and penalty pertaining thereto.
(6)
Any permit issued under this section shall not be transferable to
any other owner or occupant.
(7)
The Zoning Administrator shall promptly notify the Township Board
and Planning Commission in writing of each approval granted and all
conditions attached thereto under this section.
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).
