It is the intent of this section to permit the continuation of any lawful use of a building or land existing as of the effective date of this chapter. However, it is hereby declared that nonconformance with the provisions of this chapter is contrary to the best interests of the citizens of the Township and ought to be discontinued as circumstances permit.
A. 
Authority to continue. Except as otherwise provided in this article, any nonconforming lot, use, sign or structure lawfully existing on the effective date of this chapter or subsequent amendment thereto may be continued so long as it remains otherwise lawful. All nonconformities shall be encouraged to convert to conformity wherever possible and shall be required to convert to conforming status as required by this chapter. The burden of establishing that any nonconformity is a legal nonconformity as defined by this article shall in all cases be upon the owner of such nonconformity and not upon the Charter Township of Midland.
B. 
Legal nonconformities. Legal nonconformities are presumed to have existed before the adoption of zoning regulations in Midland Charter Township unless the nonconformity was illegal prior to the adoption of the zoning regulation. Illegal nonconformities have been developed in conflict with zoning regulations through oversight or error. Illegal nonconformities are required to cease immediately. Legal nonconformities are defined and/or characterized by at least one of the following:
(1) 
It complied with the district regulations of the previous zoning ordinance at any point in time.
(2) 
It had been recognized as a legal nonconforming use under the previous zoning ordinance.
(3) 
(Applies to nonconforming setback or lot size only.) The nonconformity resulted from land acquisition by a government agency, such as for a road right-of-way.
(4) 
(Nonconforming parcel only.) Parcels previously conforming that are made nonconforming in area, width and depth of the parcel are considered legal nonconformities if the area, width and depth of parcel and the number of off-street parking spaces provided are at least 90% of minimum requirements for the current zoning district.
C. 
Abandonment. When a nonconforming use of a structure or land is discontinued or abandoned for one year, the structure or land thereafter shall not be used for any use other than a conforming use of the district within which it is located.
D. 
Reconstruction and restoration. No nonconformity (whether it is a structure, a use, or a sign) shall be enlarged upon or expanded (including extension of hours of operation) unless such alteration is in full compliance with all requirements of this chapter. Normal maintenance and incidental repair of a legal nonconformity shall be permitted, provided that this does not violate another section of this article.
(1) 
Nothing in this article shall be deemed to prevent restoring a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided that such restoration is not otherwise in violation of the various provisions of this section prohibiting the repair or restoration of partially damaged or destroyed structure or signs.
(2) 
No nonconformity shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved, unless changes are being made to the site in conformance with other sections of this article.
(3) 
No use, structure or sign which is an accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all regulations of this chapter.
(4) 
Any lawful nonconforming use damaged by fire, explosion, an act of God or by other causes may be restored, rebuilt or repaired, provided that the reconstruction or restoration work does not increase the gross floor area or value of the structure to more than which is permitted in other sections of this article.
(5) 
A dwelling nonconforming due to its location in a nonpermitted district may be expanded or enlarged, for residential purposes, by up to 50% of the existing ground floor area. An accessory building may be constructed or expanded upon the same lot.
E. 
Repair. Nothing in this chapter shall prohibit the improvement or modernization of a lawful nonconforming building to allow for facility improvement, provided that such repair does not exceed 50% of the true cash value as determined by the state equalized value or increase the size of the primary structure by more than 30%. All improvements must be presented on a site plan developed in accordance with the data requirements of § 300-77 and approved by the Zoning Board of Appeals.
F. 
Changing uses.
(1) 
The Zoning Board of Appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which is being replaced. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not revert or be changed back to another nonconforming use unless such change shall be more nearly conforming.
(2) 
Transfer of ownership and use. Any nonconforming use status may be transferred with the same rights guaranteed the new owners as those belonging to the owners of record on the effective date of this chapter.
G. 
Prior construction approval. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this chapter, provided that construction is commenced within 30 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the permit.
H. 
Nonconforming lots.
(1) 
A nonconforming lot of record may be used for any principal use permitted in the zone in which the lot is located, provided that for any use which is to be served by an individual well and/or septic system, the nonconforming lot shall be of a size and design to meet the minimum requirements of the Midland County Health Department for such well or septic systems.
(2) 
If the proposed use is to be a single residential dwelling such that the lot is physically unable to provide the open space or yard requirements of this chapter, those yard requirements shall be adjusted by the Zoning Administrator.
I. 
Nonconforming signs. Subject to the following schedule, a nonconforming sign may be continued and shall be maintained in good condition, but it shall not be:
(1) 
Changed to another nonconforming sign. Changes in copy, color, or general maintenance.
(2) 
Structurally altered so as to prolong the life of the sign unless brought into conformance with the provisions of this chapter.
(3) 
Expanded.
(4) 
Reestablished after its discontinuance for 90 days, or reestablished after damage or deconstruction, if the estimated expense of reconstruction exceeds 50% of the appraised replacement cost, as determined by the Building Inspector and/or Zoning Administrator.
A. 
Building permits required. Any construction related to any type of zoning administrative approval shall be commenced only after a building permit has been obtained.
B. 
Prior building permits. Any building permit issued prior to the effective date of this chapter shall be valid.
C. 
Fences and walls. Prior to the erection of allowable fences, walls and screening structures, a zoning permit must be acquired. No fence, wall, or structural screen, other than plant materials greater than six feet in height from the original grade, shall be erected on any residential property. Neither shall any fence, wall, or hedge planting exceed a height of three feet within 25 feet of the road edge or in the front yard in a residential district. On a corner lot, no fence or planting shall be allowed that will interfere with traffic visibility across a corner. No fence, wall, or screening structure in a residential area shall have barbed wire, electrified components or otherwise be intended to cause harm in preventing entry to property. Properties in excess of five acres and used for agricultural production or enclosure of farm or domesticated animals are excluded from this provision.
[Amended 8-12-2015 by Ord. No. 97]
D. 
Screening requirements.
(1) 
Whenever screening is required between two zoning districts, there shall be provided at the time of development of any premises, and maintained thereafter, an obscuring screen which shall be a fence, wall, plant materials, or other screening device, or combination thereof that obstructs, at a minimum, 75% of the field of vision from the ground to a height of eight feet when viewed from a distance of five feet or more. Chain link fence is not acceptable screening. Open spaces within such screening shall not exceed a one-foot square, or exceed a two-foot square area when an elongated or irregular shape. Such screen shall be constructed in accordance with one or a combination of the following:
(a) 
A solid wall or solid fence, six feet in height, with a finished surface facing the residential district. All materials shall be new or other material if approved by the Building Inspector and/or Zoning Administrator. The use of stripping in chain link fence is not an acceptable method of complying with screening requirements.
(b) 
A landscape buffer not less than 15 feet in width consisting of a combination of earthen berm, fencing, and/or plant materials which will provide an obscuring screen.
(c) 
A buffer consisting of a combination of earthen berm, fencing, and/or plant materials which will provide an obscuring screen.
(d) 
All landscaped screening shall be a minimum of six feet in height as measured from the highest ground elevation within three feet on either side of the line separating the zoning districts. The height determined at the highest ground elevation within three feet shall be used for the entire length of the buffer.
(2) 
The developer shall submit plans and specifications for the type of screening to be employed at the time application is made for a building permit.
(3) 
The Zoning Board of Appeals may waive or modify these requirements where, in its opinion, the public interest would not be served by its strict application or the property owners on both sides of the buffer have agreed on an alternate means that achieves the intent and purpose of this Subsection D.
E. 
Inoperative or dismantled cars, trucks, recreational vehicles or buses. The storage of dismantled, wrecked and/or unlicensed vehicles, including recreational equipment, in any zoning district is expressly prohibited unless contained within a licensed junkyard or wholly within an enclosed structure. A dismantled, wrecked and/or unlicensed vehicle may be permitted to be stored outdoors, provided said storage does not exceed one week. Note that the storage period may be extended with written permission of the Building Inspector and/or the Zoning Enforcement Officer, not to exceed 30 days. It is further regulated by Chapter 277, Vehicle Storage and Repair, of the Code of the Charter Township of Midland.
F. 
Storage of garbage. All garbage and rubbish must be stored in closed containers in a proper storage area or within a building until the time of collection. No garbage or rubbish may be stored for a period of more than two weeks, inside or outside, or so as to cause hardship, health hazard, or annoyance to adjoining properties.
G. 
Space used once. Any yard or other open space provided around any building or structure for the purpose of complying with the provisions of this chapter shall not be used as a yard or other required open space for another building or structure existing or intended to exist at the same time as such building or structure.
H. 
Use exceptions. Nothing in this chapter shall be constructed to prohibit the following accessory or incidental uses:
(1) 
Customary refreshment and service uses and buildings in any public park or recreational area incidental to the recreational use of such area.
(2) 
Essential services as defined in Article II.
(3) 
Garden, garden ornaments and usual landscape features within required yard space.
(4) 
Fences within required yard space provided the standards cited in § 300-8C are met.
(5) 
Retaining walls and public playgrounds.
(6) 
Off-street parking for motor vehicles as specified in Article IV, § 300-18.
(7) 
Home occupations as specified in residential district regulations and Article II.
(8) 
Use of premises as a voting place in connection with local, state or national elections.
I. 
Sand and gravel excavation. The excavation of sand, gravel, clay, topsoil or other earthwork is hereby regulated by Chapter 240, Soil Removal, of the Code of the Charter Township of Midland.
J. 
Parking of recreational equipment. Parking of recreational equipment owned by and licensed to an occupant of the dwelling unit is permitted within any residential or agricultural zoning district, except as follows:
(1) 
Within 20 feet from the road right-of-way.
(2) 
Within the required front yard area.
(3) 
Within four feet to any side or rear property line.
(4) 
Within any area that qualifies as a clear vision area.
(5) 
In multifamily developments, all parking and storage of recreation vehicles must be in a rear yard and approved by the owner of the property.
K. 
Parking of licensed vehicles. All licensed vehicles must be parked on an approved surface, as determined by the Zoning Administrator. One commercial vehicle, regardless of weight, may be parked overnight and on Saturdays, Sundays and holidays off the street and on an approved surface of the property of the vehicle's owner or custodian, provided that once it is parked, it is not moved or operated. Parking of a semitrailer or a tractor/trailer combination is prohibited in any residential district, nor shall any tractor run its engine for more than 15 minutes continuously at a residential site.
L. 
Garage/yard sales. Sales of used material from a single-family dwelling's side yard, rear yard or garage may occur twice a year for a period not to exceed four days for each occurrence.
M. 
Auto repair. Repair of vehicles not owned by a resident of the parcel on which such activity is occurring is expressly prohibited in any residential zoning district.
N. 
Soil erosion and sedimentation control. The provisions of the Soil Erosion and Sedimentation Control Act of 1972,[1] as amended, shall apply to all land uses, premises and earth changes as defined and regulated in said Act.
[1]
Editor's Note: The Soil Erosion and Sedimentation Control Act of 1972, MCLA § 282.101 et seq., was repealed 5-24-1995 by P.A.1994, No. 451, § 90102. See now MCLA § 324.9101 et seq.
O. 
Groundwater protection. All uses shall comply with the following provisions:
(1) 
Wastewater treatment systems, including on-site septic systems, shall be located to minimize any potential degradation of surface water or groundwater quality.
(2) 
Sites which include storage of hazardous materials or waste, fuels, oil, salt, fertilizers or chemicals shall be designed and constructed to prevent spills and discharges of polluting materials to surface of the ground, groundwater or nearby water bodies.
P. 
Floodplain management. No building, structure, or dwelling designed, constructed, intended, or used for human occupancy shall be moved on, constructed, erected, or occupied in the 100-year floodplain of the Pine and Tittabawassee Rivers and their tributaries without first complying with the provisions of Ordinance No. 45, Floodplain Management Amendment to Construction Code of the Charter Township of Midland.[2]
[2]
Editor's Note: Ordinance No. 45 was repealed without replacement 4-11-2007 by Ord. No. 93.
A. 
Permitted yard encroachments.
(1) 
Driveways shall not be subject to yard requirements.
(2) 
Paved terraces, patios and uncovered porches, excluding driveways, shall not be subject to yard requirements, provided:
(a) 
The area is unroofed and without walls or other forms of solid continuous enclosure that link the area to the principal dwelling. Such areas may have noncontinuous windbreaks or walls not over six feet high and not enclosing more than 1/2 the perimeter.
(b) 
The highest finished elevation is not over two feet above the average surrounding finished grade area.
(c) 
No portion of any paved area is closer than five feet from any lot line nor projects into any front yard setback area.
(3) 
Unenclosed covered or uncovered porches or decks may project into a required side or rear yard area a distance not to exceed four feet, provided:
(a) 
The porch is no higher than one story and is erected on supporting piers.
(b) 
The porch shall not be closer than five feet to any side or rear lot line.
(4) 
Enclosed porches shall be considered part of the principal building and shall be subject to all yard and area dimensional requirements established for principal buildings.
(5) 
Signs may encroach into yard area but no sign, or portion thereof, shall be closer to any lot line or street right-of-way than 10 feet.
B. 
Yard exceptions. In cases where less than the full required future right-of-way width of the street has been deeded or dedicated and is represented in the survey of the property, the building setback on any property abutting thereon shall be measured from the future required 66 feet of road right-of-way line. The required street width shall be determined by the standards set forth and adopted by the Midland County Road Commission.
C. 
Access to a street. Any lot of record created after the effective date of this chapter shall have frontage on a public street, or as may otherwise be specifically approved by the Zoning Board of Appeals.
D. 
Ponds. Ponds are permitted as a landscaping enhancement to a residential use subject to the following:
(1) 
Excavation guidelines.
(a) 
Soils excavated for the creation of ponds may not be taken off the parcel site.
(b) 
Sites of ecological significance, such as wetlands, should be avoided.
(c) 
Ponds should be located in areas which will minimize the chance of pollution from sources such as feedlots, farmsteads, corrals or septic tanks.
(d) 
Excavations may not extend closer than 50 feet to a power line.
(e) 
Side slopes must not exceed a four to one slope for a distance of 25 feet out from pond edge.
(f) 
Parcels must be at least five acres in area.
(g) 
All ponds' edges must be set back a minimum distance of 50 feet from any lot line.
(2) 
Ponds of less than 500 surface feet may be constructed without site plan approval.
(3) 
Ponds greater than 500 surface feet may be constructed after site plan review and issuance of a building permit by the Township. The site plan should be submitted according to the requirements of § 300-78. Ponds greater than 1,500 surface feet are subject to special approval under Article XII of this chapter.
(4) 
No building permit will be issued for any pond unless and until the property owner can produce an approved permit from Midland County Drain Office for soil erosion control and can demonstrate that this pond is not a regulated wetland, as identified by the State of Michigan.
E. 
Freestanding solid-fuel-burning furnaces. Such structures shall be regulated in accordance with the provisions for residential detached accessory structures, § 300-11. The storage of wood or other solid fuel shall be considered as an accessory structure, § 300-11. The use of freestanding solid-fuel-burning furnaces is prohibited on parcels less than one acre in size and/or parcels with less than 100 feet of frontage.
A. 
Permitted exceptions for structural appurtenance. The following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized uses.
B. 
Permitted exceptions: residential districts.
(1) 
No height exceptions are permitted for residential structures.
(2) 
Principal hospital and church structures may be permitted to exceed height limitations with a maximum total height limit of 75 feet, provided each front, side and rear yard requirement is increased one foot for each additional one foot above the district requirement.
(3) 
Ornamental in purpose, such as church steeples, belfries, cupolas, domes, ornamental towers and flag poles, provided that such structural elements do not exceed 20% of the gross roof area.
C. 
Permitted exceptions: business and industrial districts.
(1) 
In any business or industrial district, any principal building may be erected to a height in excess of that specified for the district, provided each front, side and rear yard minimum is increased one foot for each additional one foot of height above the district requirement.
(2) 
In commercial and industrial districts, appurtenances to mechanical or structural functions, such as chimneys and smokestacks, water tanks, elevator and stairwell penthouses, ventilators, radio or television towers, aerials, windmills, and fire and base towers, provided the total height of the structure of the building and appurtenances be 175 feet or less from the ground. The forgoing permitted exceptions shall not be for human occupancy or dwelling.
[Amended 8-12-2015 by Ord. No. 97; 7-10-2019 by Ord. No. 104; 3-8-2023 by Ord. No. 107]
A. 
Required yards. The following regulations apply to all districts unless otherwise stated:
(1) 
Front yard. Except as set forth herein, no accessory building shall project into any front yard. On parcels of 10 acres or more and having a front yard of greater than 300 feet, accessory buildings may be located in the front yard not less than 100 feet from the front lot line.
(2) 
Side yard. No accessory building, including attached or detached garages, shall be erected closer to any side lot line than the permitted distance within that district for principal buildings, except in residential districts, accessory buildings may be set a minimum of 10 feet from the lot line.
(3) 
Rear yard. No accessory building, including attached or detached garages, shall be erected closer to rear lot line than permitted distance within the district for the principal building, except in a residential district, accessory buildings may be a minimum of five feet from the rear lot line.
(4) 
On a corner lot. No accessory building shall be closer to the side street lot line than the front yard setbacks of the principal building on the lot. Where the rear line of a corner lot coincides with sideline of an adjoining lot in a residential district, an accessory building shall not be closer than five feet to the rear lot line.
(5) 
Must get a zoning permit for any accessory building under 200 square feet.
(6) 
All accessory buildings must be located a minimum of 10 feet from any other structure.
B. 
Maximum size. Accessory buildings may occupy not more than 4% of the lot area.
C. 
Height. In a residential district, the height of an accessory building may not exceed a total height of 25 feet.
D. 
Uses. Accessory building(s) shall not be used in any part for residential dwelling purposes and are intended only for typical accessory functions for the district in which they are located.
E. 
Garages as accessory buildings. Garages not physically connected to the dwelling or principal use by common wall or roof shall be deemed as "accessory buildings" for the purposes of this chapter. In no case shall the entrance or roof of a garage be less than 45 feet from a front lot line. Attached garages shall be considered part of the principal use or dwelling.
F. 
Storage containers. In a residential zoning district, no building nor structure initially constructed or designed for use as a mobile home, mobile office, shipping container, recreational vehicle, other vehicle or parts of vehicles, including trucks, buses, truck cabs, truck boxes and semitrailers, shall be used as an accessory building or for storage.
G. 
Additional accessory structure requirements for residential districts. The terms "accessory building" or "accessory structure" are used interchangeably and have the same meaning. An "accessory structure" is any unattached subordinate building or structure, which is incidental to that of the main building and located on the same parcel with the main building. The term "accessory structure" includes but is not limited to: garages, pole barns, sheds, animal cages, open porches, private antenna receivers and anything similar to any of the above. An "accessory structure" may be determined to be temporary. Temporary structures must be removed within 60 calendar days after installation.
(1) 
These rules apply to all accessory structures regardless of construction method and material, including structures covered by a roof or enclosed by exterior walls composed of fabric, canvas, plastic, PVC or similar materials, even if built elsewhere and delivered to the site as a kit or fully erected.
(2) 
All accessory buildings, including temporary structures, less than 200 square feet require a zoning permit and are limited to two structures per parcel. Accessory buildings more than 200 square feet also require a building permit.
(3) 
All accessory buildings must be properly anchored to the ground. Refer to anchoring requirements below.
(4) 
No accessory building or structure may be inhabited by humans either permanently or temporarily for any reason.
(5) 
All accessory structures must meet the minimum setbacks from the property lines as defined in the Midland Township Zoning Ordinance.
(6) 
No accessory structure of 200 square feet or less can exceed the maximum building height of 12 feet.
(7) 
The sum of the square footage of all buildings (primary and accessory) may not exceed the maximum lot coverage.
(8) 
All accessory buildings must be maintained to be visually and structurally sound. Any accessory building found to be in disrepair as determined by the Township Ordinance Enforcement Officer and/or Building Inspector must be repaired or removed within 30 days and to the satisfaction of the inspector.
H. 
Additional requirements for corner and through lots.
(1) 
On a corner lot, the side setback for an accessory structure on a side adjoining a roadway shall be equal to the required front setback for the primary structure.
(2) 
On a through lot, the setback for an accessory structure to a road right-of-way shall be equal to the required front setback for the primary structure.
I. 
Anchoring requirements. Per the Michigan Building Code, "freestanding accessory structures with an area of 600 square feet or less, of light frame construction, with an eave height of 10 feet or less, shall not be required to have frost protection" (i.e., footings or foundations). Such buildings can be placed on grade, without footings or in-ground support posts, provided the following anchoring requirements are complied with:
(1) 
Wind anchorage for a storage shed constructed on treated wood runners supported on grade shall be provided as follows:
(a) 
Sheds up to 20 feet in length: 4 earth anchors, 2 along each side, located a minimum of 12" and a maximum of 24" from each corner.
(b) 
Sheds up to 40 feet in length: 6 earth anchors, 3 along each side, located a minimum of 12" and a maximum of 24" from each corner and at the center.
(2) 
Earth anchors shall be one of the following:
(a) 
Auger type with a minimum 30" shank length and single 4" flutes.
(b) 
Duckbill type with a minimum 1,000 pounds pull out rating.
(3) 
Sheds shall be secured to each earth anchor with either of the following:
(a) 
Anchor straps or cable, tensioned snug to limit motion. Each anchor strap shall be attached to a suitable bracket or loop rated at a working load of 350 pounds, anchored through the exterior wall sheathing and into the floor framing rim joist with a minimum of 1-1/2" thru bolt or 2-3/8" lag screws.
(b) 
1-1/2" HOG lag screw with oversize HOG washer. The single lag screw shall be anchored through the exterior wall sheathing and into the floor framing rim joist.
J. 
Repair, alteration, and completion of non-conforming accessory buildings. Nothing in this section shall prevent the repair, reinforcement, improvement or rehabilitation of the non-conforming building or part thereof existing at the date of this section, rendered necessary by wear and tear, deterioration and depreciation provided. However, such repair, reinforcement, improvement or rehabilitation of said building or part thereof, and any enlargement of, or addition to, shall comply with this section.
After the effective date of this chapter, no structure shall be erected, altered or moved upon a lot or premises and used in whole or in part for a dwelling, business, industrial or recreational purpose unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human excreta and domestic, commercial and industrial waste. All such installations and facilities shall conform with the minimum requirements of the Midland County Health Department and applicable state and federal regulations.
It is prohibited to keep animals or fowl other than household pets in residential or business districts unless when adequately housed and fenced, the parcel is at least five acres in area; where the building housing the animal is at least 500 feet from the nearest adjoining residence and the fence or corral is a minimum of 100 feet from the nearest adjoining residence.
A. 
Must comply with code requirements. Every dwelling must comply with all adopted construction codes. This includes meeting or exceeding all applicable roof snow loads and strength requirements. If the dwelling is a manufactured home, all construction, insulation, plumbing, or electrical apparatus shall conform to the "Mobile Home Construction and Safety Standards" of the United States Department of Housing and Urban Development. Where any state or local regulation sets a more stringent standard than the "Mobile Home Construction and Safety Standards," then the state or local standard shall apply.
B. 
Manufactured home installation. In the event that a dwelling is a manufactured home, it must be installed pursuant to the manufacturer's setup instructions with the wheels removed. It also must be secured to the ground by an anchoring system or device complying with the Township Building Code and the rules and regulations of the Michigan Mobile Home Commission. Each manufactured home must have a perimeter wall or skirting which has the same dimensions as the dwelling. No manufactured home shall have any towing mechanism, undercarriage or chassis exposed.
C. 
Structures to be of uniform quality. Any additions, rooms or other areas of a dwelling must be constructed using workmanship and materials similar in quality to the original structure. Such additions, rooms or other areas must be permanently attached to the principal structure and must be supported by a foundation as required herein.
D. 
Aesthetically compatible. Dwellings must be aesthetically compatible in design and appearance with other residences in the vicinity, with a roof overhang of not less than six inches on all sides and contain steps connected to the exterior door areas where a difference of elevation requires steps. The compatibility of design and appearance shall be determined initially by the Township Zoning Administrator upon review of the plans submitted for a dwelling.
(1) 
The determination of aesthetic compatibilities is subject to appeal by an aggrieved party to an Appeals Board.
(2) 
Any determination of compatibility shall be based on the standards set forth herein, as well as the character, design, and appearance of one or more residential dwellings located outside of mobile home parks and within 2,000 feet of the subject dwelling, where such area has at least 20% of lots developed, or where said area is not so developed, by the character, design, and appearance of one or more residential dwellings located outside of manufactured home parks throughout the Township.
(3) 
The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard home design.
E. 
Maintenance. A dwelling must be properly maintained and protected against deterioration and damage from the elements or the passage of time, by prompt and appropriate repairs, surfacing, coating and any other necessary protective measures.
F. 
Use of manufactured home for temporary dwelling. A temporary dwelling may be placed on the premises and occupied on a temporary basis subject to the following:
[Amended 8-12-2015 by Ord. No. 97]
(1) 
Temporary dwellings may be located and occupied only during the construction of a single-family dwelling upon the parcel on which the temporary dwelling is placed or during the repair of a single-family dwelling which had been occupied up to the date it was damaged, by casualty or otherwise, to the degree that it cannot be occupied. A permit issued by the Building Inspector shall be required prior to the location and occupancy of such temporary dwellings.
(2) 
The Building Inspector, upon application of the parcel owner, may issue a permit for such temporary occupancy upon finding that these provisions are satisfied. A permit for temporary occupancy during construction of a single-family dwelling shall not exceed six months' duration. A permit for temporary occupancy during repairs of a single-family dwelling damaged by casualty shall not exceed six months' duration. Such permits may be renewed by the Building Inspector one time only for a period not to exceed the applicable six-month period of the initial permit.
(3) 
The temporary dwelling shall be a mobile home meeting all construction insulation, plumbing, and electrical apparatus standards of the "Mobile Home Construction and Safety Standards" of the United States Department of Housing and Urban Development.
(4) 
The temporary dwelling shall be located only on the same parcel as the dwelling under construction or repair.
(5) 
The proposed water supply and sanitary facilities must be inspected and approved by the Midland County Health Department.
(6) 
A building permit must have been issued to the parcel owner(s) for construction or repair of a single-family dwelling on the parcel.
(7) 
The temporary dwelling must comply with all setback and lot coverage requirements for the applicable zoning district.
G. 
Storage area. Every dwelling unit must contain a storage area equal to 10% of the square footage of the dwelling or 100 square feet, whichever is less, in a basement located under the dwelling, an attic area, closet areas, or in a separate structure which meets all requirements of the Township Building Code.
H. 
Foundation. All single-family dwellings, except mobile homes located in mobile home parks, must be firmly attached to a permanent foundation meeting the Township Building Code requirements. The walls for a dwelling must have the same perimeter dimensions as the dwelling.
I. 
Dimensions. All single-family dwellings must have a minimum width across front, side, and rear elevations of 24 feet and comply in all respects with the Township Building Code, including minimum heights for habitable rooms.
J. 
Roof. All one- or two-family dwellings, other than mobile homes located inside mobile home parks, must have a pitched roof, the principal portion of which has a slope of no less than one vertical unit to four horizontal units. The eaves of the roof must project no less than six inches beyond the walls.
K. 
Exterior doors. Every single-family dwelling must have exterior doors on not fewer than two sides with steps and porches connected to the doors where required due to a difference in elevation.