All uses and structures, whether permitted by right or by special
use permit, shall be subject to the following general regulations
of this chapter.
A. Essential services. Essential services shall be permitted as authorized
and regulated by law and other ordinances of the Township, it being
the intention hereof to exempt such essential services from the application
of this chapter, except that all buildings hereunder shall be subject
to site plan review in accordance with this chapter. The Zoning Board
of Appeals may permit the erection of a building (or an addition to
an existing building of a public service corporation or for public
utility purposes), in any permitted district to a greater height or
of a larger area than the district requirements herein established
and may permit the location in any use district of a public utility
building, structure, or use, if the Zoning Board of Appeals finds
such use, height, area, building, or structure reasonably necessary
for the public convenience and services, and if such building, structure,
or use is designed, erected, and landscaped to conform harmoniously
with the general architecture and plan of such district.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Township uses. Municipal buildings and their accessory uses and structures, public parks and their accompanying activity areas operated under the authority of the Township and recreational uses as permitted by the Township Board, shall be treated as permitted uses in any zoning district, subject to the development standards of the respective districts and the site plan requirements of Article
XXIII.
It shall be unlawful for any person to install, erect, cause,
or permit the installation of a permanent structure (garage, building
or large tree) on or across an easement of record which will prevent
or interfere with the free right or opportunity to use or make accessible
such easement for its proper use.
A. Spatial relationship standards.
(1)
A basement shall not be included as a story for height measurement.
(2)
Lot width shall be measured at the building line.
(3)
The minimum required setback is the minimum depth of a front,
rear, or side yard necessary to conform to the required yard setback
provisions of this chapter.
B. Grades and elevation differentials.
(1)
The first floor elevation of a building constructed in a platted
area shall be at least 18 inches above curb level of the street at
the center of the lot. Where property is not platted the elevation
of the structure shall be established so as to drain away from the
structure.
(2)
The grading of all building lots shall be such so as to divert
water away from buildings and to prevent standing water and soil saturation
detrimental to structures, lot use, and surrounding property. However,
water should not be diverted to adjacent properties.
C. Retaining walls.
(1)
Retaining walls in excess of four feet in height shall require
a building permit in accordance with the requirements of the Building
Code in effect at the time. All retaining walls shall be designed
and built so as to safely resist lateral pressures of soil behind
them and be safely supported by soil beneath them. Additionally, retaining
walls shall be maintained in a structurally sound condition and shall
not impair drainage or create negative impacts on adjacent properties.
(2)
All retaining walls shall be constructed and/or painted, tinted,
or colored in a manner that is architecturally compatible with surrounding
buildings or structures.
(3)
For the purpose of this chapter, all supporting members, posts,
stringers, braces, pilasters, or other construction features of a
retaining wall shall be located and placed on the inside of the wall
away from public view.
(4)
No sign or advertising shall be placed, affixed, painted, or
designed thereon.
No structure, wall, fence, shrubbery, parked vehicle, stored
material, or trees shall be placed, erected, planted, or maintained
on any lot which will obstruct the view of the driver of a vehicle
approaching an intersection; excepting that shrubbery and low retaining
walls not exceeding three feet in height above the curb level and
trees where all branches are not less than eight feet above the street
level will be permitted. In the case of corner lots, this shall also
mean that there shall be provided an unobstructed triangular area
formed by the street property lines and a line connecting them at
points 25 feet from the intersection of the pavement edge lines, or
in the case of a rounded corner, from the intersection of the street
property lines extended.
Fences, walls, and privacy screens are permitted subject to
the following:
A. The erection, construction, or alteration of any fence, wall, or
privacy screen as defined herein, shall be constructed within all
Township and County Codes and shall require a zoning compliance permit.
B. Fences shall not be taller than four feet in a required front yard
nor higher than six feet in a required side or rear yard for parcels
located in all zoning districts.
C. Fences with barbed wire and electrical current are prohibited in
the residential zoning districts.
D. A four-foot fence shall surround all swimming pools in accordance
with the regulations outlined in the Michigan Building Code as amended.
A winery, brewery or distillery may be permitted by the Township as a special use in the AG District in accordance with Article
XXIV. An application for a winery, brewery or distillery shall include a site plan in accordance with Article
XXIII with detail on parking, sanitation, refuse and solid waste management, outdoor lighting, fencing, crowd control, on-site vehicular and pedestrian circulation, details on any public address system and equipment, signage and related existing and proposed facilities, as applicable. In addition, the application shall include a complete written description of the proposed use, the services to be provided, the maximum number of patrons anticipated on site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special use permit application to be relied upon by the Township in granting any approval.
A. The Planning Commission and Township Board shall evaluate the proposed
winery, brewery or distillery and the activities proposed to determine
whether it will be compatible with neighboring uses and other permitted
uses in the vicinity and zoning district.
B. The winery, brewery or distillery use shall comprise only a small
part of the property, so that the farm use of the site is predominant
and the winery, brewery or distillery use is secondary. The Township
may approve a proposed departure from this requirement if it finds
that the proposed winery, brewery or distillery and its activities
are substantially farm-related or that the establishment and its activities
would not have impacts on the vicinity similar to impacts generated
by a commercial business, including consideration of traffic, light
pollution, noise, blowing trash, signage, odor, and aesthetics.
C. The Township may impose requirements on the placement of the facility on the site to protect adjacent properties from its impacts and to maintain rural views from public roads. The facility and all of its outdoor ancillary structures and activities such as parking and gathering space shall be located at least 50 feet from property lines. The Township may approve a proposed departure from this requirement, if it finds that locational and layout attributes, buffers, adjacent uses and site configurations, and other features of the subject site and nearby property work together to minimize impacts of the proposed winery, brewery or distillery; provided, that dimensional requirements of §
300-4.04 and other regulations of this chapter are met.
D. The Township may require submittal of a traffic impact study, the
purpose of which shall be to analyze the effect of traffic generated
by the proposed use on the capacity, operations, and safety of the
public road system and to propose mitigation measures.
E. Tasting rooms and food service activities, if provided, shall at
all times comply with any and all requirements of the Berrien County
Health Department and the Michigan Liquor Control Commission and evidence
of applicable agency review and approval shall be provided to the
Township.
F. The Township may require landscaping and other features to screen
the use from adjacent properties and the Township may impose limitations
on the operation of the facility to protect adjacent properties from
its impacts. Such limitations may pertain to hours of operation, outdoor
lighting, outdoor activities, noise, and other elements.
G. The applicant shall demonstrate that all vehicular parking will occur
on the site. A pervious parking surface is permitted, subject to demonstration
by the applicant that dust would be controlled.
No garbage, filth, refuse, or other obnoxious matter shall be
kept in open containers, piled, or laid on the open ground; and all
containers shall be stored in such a way so as not to be accessible
to animals.
[Added 12-19-2019 by Ord. No. 118-2019]
A climate-controlled storage facility may be permitted by the Township as a special use in the Commercial District in accordance with Article
XXIV. An application for a climate-controlled storage facility shall include a site plan in accordance with Article
XXIII. In addition, the application shall include a complete written description of the proposed use, the services to be provided, the maximum number of patrons anticipated on-site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special use permit application to be relied upon by the Township in granting any approval.
A. Climate controlled self-service storage uses shall provide separate
storage areas for individual or business uses.
B. Accessory uses, such as security facilities and related office, may
be permitted, provided that such accessory uses do not occupy more
than 20% of the facility.
C. Storage areas shall not be used for sales, service, repair or any
other commercial business venture at this facility.
D. A climate-controlled storage facility shall be located on a parcel
with an area of at least three acres.
E. The storage of combustible or flammable liquids or fibers, explosive
or toxic materials, or illegal substances or items shall not be permitted.
F. All self-storage activities shall be contained within a single building
and conducted exclusively indoors. Individual storage units may be
accessed from inside the building only.
The outdoor storage or parking of any unlicensed airplane, regular
or antique or racing automobile, boat, boat hoist or dock, float,
trailer, trailer coach, camping trailer, motorized home, vacant or
unused mobile (manufactured) home, dismountable travel equipment of
the type adaptable to light duty trucks, and other equipment or vehicles
of a similar nature (not including typical farm equipment), shall
be prohibited for a period greater than 48 hours in all residential
and agricultural districts, except where the following minimum conditions
are met:
A. All such unlicensed vehicles or equipment may be placed within a
completely enclosed building, permitted according to the minimum requirements
of the building code. Unlicensed vehicles may not be stored on vacant
lots, parcels, or property.
B. Trailer coaches, motor homes and other vehicles or equipment designed
or adaptable for sleeping purposes may be utilized for up to 30 days
during the course of one calendar year for visitors. They shall otherwise
remain unoccupied and shall not be connected to sanitary sewer facilities,
water or gas. Such vehicles so kept or stored shall be in good repair.
Open storage of partially or disassembled component parts of said
uses (recreational vehicles and equipment) is prohibited. This provision
shall not pertain to farm implements, machinery and equipment utilized
for permitted agricultural operations.
C. Seasonal storage of licensed recreational vehicles shall be permitted.
D. The storage of vacant mobile homes in any district shall be prohibited;
with the exception of approved and permitted sales and service facilities
located in a designated commercial district.
E. The open storage of inoperable, disassembled or component parts for
any vehicle of any type within the front yard shall be deemed a nuisance
and shall be prohibited at all times. Said open storage shall be permitted
in any other yard in the Agriculture District as long as said storage
area complies with minimum setback standards, is effectively screened
year-round from view from neighboring properties and from public rights-of-way
and does not exceed a cumulative ground area equal to the lesser of
2% of the parcel area or 2,000 square feet.
F. The use of unlicensed or inoperable trailers, semi truck trailers,
sea containers, mobile homes or other similar equipment as storage
structures or accessory buildings in the R-1, R-2, R-3, R-4L, R-4R,
R-5 and RE Districts shall be prohibited. In the AG District, such
equipment may be used only if it is placed in the side or rear yard
in compliance with required side and rear yard setback requirements,
is effectively screened year-round from view from neighboring properties
and from public rights-of-way and does not exceed a cumulative ground
area equal to the lesser of 2% of the parcel area or 2,000 square
feet.
A. Farm workers/migrant help. All structures hereafter erected, or moved
onto farms and occupied as dwellings for employees thereon shall be
located no less than 150 feet from all highway right-of-way lines,
not less than 100 feet from all property lines, and not less than
250 feet from any neighboring dwelling. All structures maintained
as housing for farm employees shall be occupied by such employees
and their families only while engaged in work on the farm of residence.
B. Toilets. Outside toilets for migrant farm help are permitted on farms
provided such are a minimum distance of 150 feet from any public road,
100 feet from any property line and 250 feet from any dwelling house
on neighboring property. Outside toilets must meet the standards as
set by the Berrien County Health Department and other enforcement
agencies.
Any new or altered use (except agricultural and farming operations) which requires site plan review pursuant to Article
XXIII and has an outdoor trash storage area shall comply with the following requirements:
A. Any outdoor trash storage area shall be limited to normal refuse
which is collected on a regular basis and shall be maintained in a
neat, orderly and sanitary condition. This maintenance shall be the
responsibility of the owner of the premises on which the containers
are placed.
B. A decorative masonry wall or wooden privacy fence of six feet in
height shall enclose three sides of the storage area. Post bollards
and/or other protective devices shall be installed at the opening
and to the rear of any storage area to prevent damage to the screening
walls. The surface under any such storage area shall be constructed
of concrete.
C. In no instance shall any such refuse be visible above the required
enclosure.
D. Adequate vehicular access shall be provided to such containers for
truck pickup either via a public alley or vehicular access aisle which
does not conflict with the use of off-street parking areas or entrances
to or exits from principal buildings nearby.
E. Any such storage shall be located in a rear yard or be so located
and arranged as to minimize its visibility from adjacent streets and
uses. The Planning Commission may require an obscuring or screening
gate when the visibility of such a storage area, from a public street,
public right-of-way or adjacent use, is deemed to render an adverse
influence. In no instance shall any such area be located in a front
yard.
A. Permit application. All swimming pools shall comply with the Michigan
Residential Building Code, as amended. It shall be unlawful for any
person to construct an above-ground, in-ground, or on-ground swimming
pool with a depth in excess of 24 inches without first obtaining a
zoning compliance permit, and additionally, a building permit pursuant
to the Michigan Residential Building Code, if necessary. Application
for such permit shall be subject to the requirements of the Building
Code in effect at the time of the construction; shall show the name
of the owner, a plot plan of the property showing the location of
such swimming pool, a detailed plan and specifications for such swimming
pool, and full information as to the type, height and location of
the fence surrounding such swimming pool and the number of gates therein.
B. Location. Outdoor swimming pools may be erected in the side or rear
yard only, provided that they are located no closer than 15 feet from
the side or rear lot lines.
C. Fencing. All above- and below-ground swimming pools shall be protected
in a manner which meets the minimum requirements of the Michigan Residential
Building Code.
D. A swimming pool shall be considered an accessory structure for purposes
of calculating lot coverage.
Subject to the standards of this section, a home occupation
may be permitted in a single-family detached dwelling within a zoning
district where such dwelling is permitted either as a permitted use
or by special land use, subject to the following standards:
A. Minor home occupations. Home occupations shall receive a zoning permit
upon a finding by the Zoning Administrator that the proposed home
occupation shall comply with all of the following requirements.
(1)
No more than one person (not including the members of the family
residing on the premises) shall be engaged in such occupation provided
that one off-street parking space is provided for said employee.
(2)
The use of the dwelling unit for a home occupation shall be
clearly incidental and subordinate to its use for residential purposes,
and not more than 25% of the floor area of the floor on which the
occupation is being conducted may be used for the purposes of the
home occupation or for storage purposes in conjunction with the home
occupation.
(3)
A home occupation shall be conducted completely within the dwelling
unit or permitted accessory building. A home occupation conducted
within an accessory building shall not exceed 1,000 square feet.
(4)
There shall be no change in the outside appearance of the structure
or premises, or other visible evidence of conduct of such home occupation,
and there shall be no external or internal alterations not customary
in residential areas including the expansion of off-street parking
areas in excess of residential standards.
(5)
A home occupation shall not create noise, dust, vibration, smell,
smoke, glare, electrical interference, wireless communications interference,
fire hazard, or any other hazard or nuisance to any greater or more
frequent extent than would normally be generated in a similarly zoned
residential district.
(6)
Signs shall comply with the requirements of Article
XXI.
(7)
No outdoor display or storage of materials, goods, supplies,
or equipment used in the home occupation shall be permitted on the
premises. No storage or use of vehicles over five tons in capacity
gross vehicle weight (GVW) in conjunction with the business will be
allowed.
(8)
The use shall not include the sale or offering for sale on the
premises of any articles, goods, or merchandise.
(9)
Medical marijuana primary caregiver home occupation. In addition
to the regulations above, a primary caregiver home occupation shall
be subject to the following:
(a)
Purpose and intent. It is the purpose of this §
300-18.14A(9) to give effect to the intent of Initiated Law 1 of 2008, the Michigan Medical Marihuana Act (the MMMA), MCLA § 333.26421 et seq., and not to establish any local program or regulation that would violate or contravene any enforced state or federal statute. The MMMA authorizes a narrow exception to the general rule and law that the cultivation, distribution and use of marihuana amount to criminal acts. It is the purpose of this section to establish standards for the application of that narrow exception in the Township of Buchanan to enable the legitimate and legally-authorized practice of the Primary Caregiver activity as set forth herein. It is not the intent of this section to broaden the strict interpretation of the MMMA to apply to activities not explicitly provided for therein nor is it the intent of this section to encourage or sanction the cultivation, processing, refinement, distribution, transfer or use of marihuana except as permitted by a strict application of the terms of the MMMA and any rules or regulations duly promulgated thereunder. Such uses as dispensaries, combined grow operations, compassion clubs, smoke houses, storage and transfer facilities and other related uses not explicitly provided for in the MMMA are hereby prohibited.
(b)
A primary caregiver, cohabitating, as defined in §
300-2.02, assisting no more than one qualifying patient living in the same residence, shall be allowed without a zoning permit within any dwelling unit in the Township, providing such activity is conducted in strict accordance with the MMMA and the rules promulgated there under.
(c)
A primary caregiver serving more than one cohabitating qualifying
patient or one, but not more than five, noncohabitating qualifying
patients shall be permitted within the Agricultural District only,
subject to the following requirements:
[1] Primary caregivers shall deliver medical marijuana
to the qualified patients, as defined in the MMMA, and no dispensing
or sale of medical marihuana shall occur on the premises.
[2] Growing operations shall be fully contained within
a locked and secured building, in compliance with the MMMA.
[3] Only one person residing within dwelling shall
be permitted to be a primary caregiver for those who do not reside
within the dwelling.
[4] All growing, processing operations and use shall
be conducted in compliance with the MMMA, and other applicable state
laws and regulations.
[5] Structures containing a primary caregiver home
occupation shall conform to applicable standards of the ICC Property
Maintenance Code, or any successor code adopted by the Township.
[6] At the time of application, a primary caregiver
home occupation shall not be located closer than 1,000 feet from any
church, public or private school, park or day-care facility. Such
distance shall be measured in a straight line from the front door
of the primary caregiver home occupation to any such church, public
or private school or day-care facility. In the case of a park, the
distance shall be measured from the front door of the primary caregiver
home occupation to the nearest property line of the park.
[7] A primary caregiver home occupation shall not bear
any sign or emblem that would indicated the presence of the activity.
B. Major home occupations. Home occupations that do not meet the standards of §
300-18.14A, may be approved by the Planning Commission as special land uses subject to the requirements of Article
XXIV and upon a finding of compliance with the following requirements:
(1)
In addition to the occupants of the residence and not more than
two nonresident employees on site, a major home occupation may employ
other persons, provided their work activities are generally undertaken
at locations other than the location of the dwelling.
(2)
The applicant shall disclose the nature, size and number of
any vehicles or other equipment associated with the major home occupation
and the Planning Commission may establish limits on the outdoor storage
and parking of such equipment or vehicles to preserve the essential
character of the neighborhood. Any outdoor storage of materials or
scrap shall be effectively screened from view from neighboring properties.
(3)
The operator of a proposed major home occupation shall attach
to the application an operational plan for the major home occupation
to the application for a zoning permit for the major home occupation.
The operational plan shall provide the following information:
(a)
The hours the major home occupation will operate.
(b)
A description of employee parking and workforce staging plans.
(c)
A site plan in accord with Article
XXIII indicating the location of any storage of materials, vehicles and equipment as well as any employee or customer parking.
(d)
A description of the shipping and delivery requirements of the
major home occupation.
(e)
A description of any material used in the major home occupation
which will be stored on the premises.
(4)
The Planning Commission shall review the application for a major home occupation under the terms of Article
XXIV and take action to approve it, if it finds that the proposed major home occupation shall meet the requirements of this section and Article
XXIV.
(5)
Any change or alteration in the nature or activities of a major
home occupation shall be regarded as a new major home occupation and
shall require a new application hereunder.
(6)
A failure to fulfill the terms of the major home occupation
special land use permit, the site plan and/or its attachments shall
be grounds for revocation of Planning Commission approval of a major
home occupation.
C. Fees for all home occupation permits shall be set by resolution of
the Township Board.
D. Exemption. No home occupation permit shall be required for an occupant
of a residence to give instruction in a craft or fine art within the
residence or for activities such as telecommuting, involving no outside
sign, little or no increase in traffic, and with only occasional visits
by members of the public to the home.
A. Temporary sales of farm produce and similar products, when a structure
is erected, may be permitted provided they comply with the following
standards and upon issuance of a zoning compliance permit:
(1)
The sale of farm produce employing permanent structures with
a floor area of less than 100 square feet shall be permitted only
in the AG District and in unplatted properties in the R-1 District.
(2)
The sale of farm produce employing permanent structures with
a floor area of 100 square feet or more may be permitted in the AG
District and upon approval of a Special Use Permit by the Planning
Commission.
(3)
All permanent structures used in the temporary (or intermittent) sale of farm produce shall comply with the four standards outlined in Subsection
B below.
(4)
For the purposes of this section, a structure shall be considered
permanent if it is mounted on a concrete slab, concrete or cement
block foundation or secured to the ground by anchor, rod, rod drill
or buried weight.
B. Temporary sales of farm produce and similar products, when no structures
are erected, may be permitted in the AG and R-1 Districts provided
they comply with the following standards and upon issuance of a zoning
compliance permit:
(1)
The location of the site shall be:
(a)
Off the road right-of-way at least 25 feet.
(b)
If located on a corner, the entrance/exit should be off of the
side road.
(2)
There shall be no permanent structures; all fixtures (i.e.,
signs, tables, chairs, produce, boxes, etc.) are to be removed at
the end of each season.
(3)
A maximum of two signs will be permitted. Signs shall be off
the road right-of-way and located on the applicant's property.
(4)
The operator shall comply with all state laws regarding public
health standards; sales and business tax regulations.
C. Structures erected for ice fishing and hunting purposes less than
100 square feet in area are permitted in the Township of Buchanan
and are exempt from the provisions of this chapter. Storage shall
be according to the provisions of this chapter relating to accessory
structures.
D. The office and storage trailers of building contractors used in association
with the construction of a legally permitted use shall be permitted
in all districts. Said office or storage trailer shall be setback
at least 10 feet from all property lines and be removed prior to issuance
of a certificate of occupancy for the building under construction
on the property.
E. Family hardship and temporary housing. A temporary dwelling may be
located in the AG District or on a residentially zoned lot in excess
of two acres.
(1)
General standards.
(a)
Application by the owner or his agent to obtain allowance for a family hardship or temporary housing special use permit shall be submitted to the Zoning Administrator in accordance with this chapter. Special use permit for such use shall be considered in accordance with this section and Article
XXIV, Special Use Permits.
(b)
In addition to the requirements of Article
XXIV, the applicant shall show through substantial evidence that no other dwelling option exists which would accommodate the temporary need.
(c)
The temporary dwelling shall be connected to an approved water
and septic system as required by the Berrien County Health Department.
(d)
Minimum road frontage, setback and yard requirements as specified
by this chapter shall be maintained.
(e)
The special use permit shall be reviewed and renewed annually
while it is in effect through submission by the applicant of documentation
that the circumstances necessitating the family hardship or temporary
housing have not changed. The temporary housing shall be removed within
120 days of the end of the hardship, or the circumstances necessitating
the temporary housing, including the vacating of the temporary housing,
the death or moving of the occupants, the completion of repairs to
the principal dwelling or other circumstance. In no event shall the
duration of a special use permit for family hardship or temporary
housing exceed five years. Provided, this provision shall not prevent
the Township from considering a new or replacement special use permit
prior to the expiration of a previous permit, upon the same terms
and conditions, and provided that all the circumstances necessitating
the original permit have not changed.
(f)
Upon approval of a special use permit for family hardship or
temporary housing, the property owner and the Township shall execute
a legally binding agreement prepared by the Township Attorney which
shall be in recordable form and which shall incorporate the terms
of the permit, including an acknowledgement of the terms of the permit
by the property owner. Such agreement may include a performance guarantee
for the eventual removal of the temporary dwelling unit, site restoration
and other associated costs as determined by the Township Board. This
agreement between the owner and the Township shall allow the Township
the right to remove the temporary dwelling upon the expiration or
termination of the special use permit, in the event the property owner
fails to do so. This binding agreement shall be provided by the Township
and signed by the owner of the property and the Township Supervisor.
(g)
Pursuant to §
300-24.06, the Township Board may establish conditions of approval as may be reasonable to ensure the compliance with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Family hardship housing. A special use permit may be considered
under this section for temporary occupancy by either the owner or
a member of the immediate family (grandmother, grandfather, mother,
father, son or daughter or in-law relatives) subject to the restrictions
and conditions outlined herein.
(3)
Temporary housing. It is the intent of this section to allow
relief of hardship for owners of single-family dwelling units which
have been rendered uninhabitable by fire, windstorm or other event
not intentionally caused by the owner of a dwelling. The owner of
the dwelling may, by approval of the Zoning Administrator, place one
mobile home sited in accordance with the County Health Department
Standards, to be occupied by the owner of the property as long as
prompt progress is being made toward repair or construction of the
principle dwelling.
F. Seasonal uses. The Zoning Administrator may issue a permit for the
temporary sale of merchandise related to a seasonal or period event.
Seasonal uses shall include the sale of Christmas trees, and similar
activities, but shall not include roadside stands. In considering
a request for a temporary permit, the Zoning Administrator shall determine
that the operation of the use is seasonal in nature and will not be
established as a permanent use.
(1)
The Zoning Administrator shall also determine:
(a)
That the use shall not have an unreasonable detrimental effect
upon adjacent properties.
(b)
That the use shall not impact the nature of the surrounding
neighborhood.
(c)
That access to the area shall not constitute a traffic hazard
due to ingress or egress.
(d)
That adequate off-street parking shall be available to accommodate
the use.
(e)
That the use complies with all setback requirements.
(2)
Each zoning compliance permit shall be valid for a period of
not more than two calendar months, and may be renewed by the Zoning
Administrator for up to one additional successive month, provided
the season or event to which the use relates is continued.
A. Any building or structure for which a building permit has been issued
and the construction of the whole or a part of which has been entered
into pursuant to a zoning permit issued prior to the effective date
of this chapter may be completed and used in accordance with the plans
and applications on which said building permit was granted.
B. A building which is lawfully under construction at the time of adoption
of this chapter shall be allowed to be completed within one year of
the passage of this chapter. Adoption of this chapter shall not require
any changes to the plans, construction or designated use of any such
buildings.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any part of any building or structure declared
unsafe by the Building Inspector or required compliance with his or
her lawful order, in accordance with the adopted Building and Property
Maintenance Codes. Furthermore, upon the determination of the Building
Inspector and official notification thereof to the property owner,
the Township Board may order the demolition and removal of any designated
unsafe building. In addition, the cost of said removal shall be borne
by the property owner. If the property owner fails to pay for the
cost of the removal within 60 days of the date the building was removed,
the Township may either place a lien on the property or place the
cost of said removal on the next available tax bill as a special assessment
against the property.
A. Any building or structure (except agricultural buildings) that has
been wholly or partially erected on any premises located within the
Township shall not be moved to or placed upon any other premises in
the Township until a zoning compliance permit for such removal has
been secured according to the requirements of this chapter. A zoning
compliance permit is required above and beyond any over-the-road permits
required by other jurisdictional authorities (police and Road Department).
Any such building or structure shall fully conform to this chapter
in the same manner as a new building or structure.
B. Before a permit may be issued for moving a building or structure,
the Building Inspector shall inspect same and determine if it is in
a safe condition to be moved, whether or not it may be reconditioned
to comply with the Building Code and other requirements for the use
and occupancy for which it is to be used, and the Zoning Administrator
shall determine whether or not it will be of similar character with
the buildings in the area where it is to be moved. In addition, clearances
shall be obtained from all utility companies ensuring that utilities
are discontinued and all facilities accounted for. Special inspection
fees as determined by the Township or County may be charged to cover
costs of inspecting the old site and the new site of such building
or structure. If these conditions are met, a zoning compliance permit
shall be issued to allow the reconstruction of such a building or
structure.
A. Recorded lots. Lots established by a legally recorded plat or legally
established and recorded by deed prior to the adoption of this chapter
which have less than the minimum area or width requirements established
by this chapter, may be used for any use permitted within the district
in which such lot is located. In addition, lots established by a recorded
plat or deed subsequent to the adoption of this chapter and which
met the requirements of said Ordinance at the time they were established,
but as a result of amendments thereto, can no longer meet the minimum
area or width requirements, may be used for any use permitted within
the district in which such lot is located.
B. Lack of public utilities. In areas not served by public or other
approved community water and/or sewage facilities, the minimum lot
areas required by this chapter shall be increased to include any additional
area deemed necessary by the appropriate Berrien County Health Department
requirements to insure safe water supply and/or adequate sewage disposal.
Each parcel in the Township shall be limited to not more than
one principal use; provided that multiple-tenant or multiple-occupant
commercial, industrial or mixed use developments may be regarded as
single uses if approved pursuant to the standards of this chapter.
The use of any portion of the basement of a partially completed
building found not to be in compliance with the Building Code, any
garage, or accessory building for dwelling or sleeping purposes in
any zoning district is prohibited. No dwelling unit shall be erected
in an Industrial district. However, the sleeping quarters of a watchman
or a caretaker may be permitted in an industrial district in conformity
with the specific requirements of the particular district.
A. Cornice, sill, chimney, or fireplace. A cornice, eave belt course,
sill, canopy, or other similar architectural feature (not including
bay windows or other vertical projections which shall be a part of
the main building), 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 or rear yard not more
than 36 inches. Chimneys or fireplaces may project into a required
front, side, or rear yard not more than two feet, provided the width
of such side yard is not reduced to less than five feet.
B. Fire escape. A fire escape may extend or project into any front,
side, or rear yard not more than four feet.
C. Open stairway or balcony. An open, unenclosed stairway or balcony
not covered by a roof or canopy, may extend or project into a required
yard not more than six feet and such balcony may extend into a required
front yard not more than six feet as long as all required setbacks
for that district are maintained.
D. Porch, open. An unenclosed platform or landing which does not extend
or project into any required front, side, or rear yard not more than
six feet is exempted from yard requirements provided that the width
of a side yard is not reduced to less than five feet. An overhang,
canopy, or portico may be placed over the open porch, but it shall
not be enclosed.
Access drives may be placed in the required front or side yards so as to provide access to a rear yard. Furthermore, any walk, terrace, or other pavement serving a like function shall be permitted in any required yard. Parking within the required front yard of a one or two-family dwelling shall only be permitted as specified in Article
XIX, Parking and Loading Standards.
Accessory buildings and structures, except as otherwise permitted
in this chapter, shall be subject to the following regulations:
A. Accessory buildings, structures and uses are permitted only in connection
with, incidental to, and on the same lot with a principal building,
structure, or use which is permitted in the particular zoning district.
An accessory building, structure, or use must be in the same zoning
district as the principal building, structure, or use on a lot.
B. No accessory building, structure, or use shall be occupied or utilized
unless the principal structure to which it is accessory is occupied
or utilized. No accessory building, structure, or use may be placed
on a lot without a principal building, structure, or use except as
otherwise provided for in the AG zoning district.
C. Where the accessory building is structurally attached to a main building,
it shall be subject to and must conform to all regulations of this
chapter applicable to main or principal buildings.
D. Accessory buildings may be built in a rear yard (or front yard, subject to §
300-18.24F); but such accessory buildings shall not occupy more than 30% of the yard in which they are located, subject to setback, lot coverage, and other standards of this chapter.
E. Accessory buildings with an area of 145 square feet or less, shall
be limited to one story (or 20 feet) in height.
F. Accessory buildings shall not be erected in a front yard unless the
accessory building is located 300 feet or more from the front lot
line and located on a lot of two acres or larger. The Agricultural
District (AG) is exempt from this subsection.
G. All accessory buildings shall be located to meet the minimum side
and rear yard setbacks for the district in which they are located.
H. In the case of double frontage lots, accessory buildings shall observe
front yard requirements on both street frontages wherever there are
any principal buildings fronting on such streets in the same block
or adjacent blocks.
I. No accessory building may be closer than six feet to any other accessory
building, unless determined that the distance shall be greater as
mandated by applicable provisions of the adopted Building Code.
A. Authorization.
(1)
In the preparation, enactment, and enforcement of this section,
it is recognized that there are some uses relating to sexual material
which, because of their very nature have serious operational characteristics
that have a detrimental effect upon residential, office, and commercial
areas. Because certain forms of expression relating to sexual material
have particular functional and inherent characteristics with a high
potential of being injurious to surrounding properties by depreciating
the quality and value of such property, it is the intent of this section
to provide a framework of reasonable regulatory standards which can
be used for approving or disapproving the establishment of this type
of use in a viable and accessible location, where the adverse impact
of their operations may be minimized.
(2)
However, it is recognized that these specified controlled uses
have legitimate rights under the United States Constitution as well
as locational needs similar to many other retail establishments. Special
designation and regulation in the Industrial District is therefore
necessary to ensure that adverse effects of such uses will not contribute
to the degradation of adjacent parcels and the surrounding area. Furthermore,
these controls are intended to provide commercially viable locations
within the Township where these uses are considered more compatible
and less detrimental.
B. Uses specified. Uses subject to these controls as defined herein
as "adult only businesses" are as follows:
(1)
Adult related businesses.
(2)
Adult motion-picture theaters.
(3)
Adult book and video stores.
(5)
Nude artist and photography studios.
C. Site location principles. The following principles shall be utilized
to evaluate the proposed location of any such use. These principles
shall be applied by the Planning Commission as general guidelines
to help assess the impact of such a use upon the Industrial District:
(1)
No adult-only business shall be located within 1,000 feet, measured
from the outermost boundaries of the lot or parcel upon which the
proposed adult use will be situated, from a residential structure,
church, monastery, temple, or similar place of worship, cemetery,
school, library, public park or playground, noncommercial assembly
facility, public office building, licensed day-care facility or arcade
as defined in Act 116 of the Public Acts of 1973, as amended (MCLA
§ 722.111 et seq.).
(2)
An adult-only business shall be permitted only in the Industrial
District.
(3)
No adult-only business shall be permitted within a one-thousand-foot
radius of an existing adult-only business. Measurement of the one-thousand-foot
radius shall be made from the outer most boundaries of the lots or
parcels upon which the proposed adult use will be situated.
D. Site development requirements.
(1)
The site layout, setbacks, structures, function, and overall
appearance shall be compatible with adjacent uses and structures.
(2)
Windows, displays, signs, and decorative structural elements
of buildings shall not include or convey examples of a sexual nature.
All such displays and signs shall be in conformance with this chapter
and shall be approved by the Planning Commission prior to their use.
(3)
All building entries, windows, and other such openings shall
be located, covered, or screened in such a manner as to prevent viewing
into the interior from any public or semipublic area as determined
by the Planning Commission.
(4)
No loud speakers or sound equipment shall be used by an adult
only business that projects sound outside of the adult only business
so that sound can be discerned by the public from public or semipublic
areas.
(5)
An adult-only business shall clearly post at the entrance to
the business, (or that portion of the business utilized for adult
only purposes), that minors are excluded.
E. Use regulations.
(1)
No person shall reside in or permit a person to reside in the
premises of an adult-only business.
(2)
No person shall operate an adult only business unless there
is conspicuously placed in a room where such business is carried on,
a notice indicating the fees for all services performed therein. No
person operating or working at such a place of business shall solicit
or accept any fees except those indicated on any such notice.
(3)
The owners, operators, or persons in charge of an adult only
business shall not allow entrance into such building or any portion
of a building used for such use, to any minors as defined by MCLA
§ 722.51 et seq., as amended.
(4)
No adult only business shall possess, disseminate, or permit
persons therein to possess or disseminate on the premises any obscene
materials as defined by MCLA § 752.361 et seq., as amended.
(5)
No person shall operate an adult personal service business without
obtaining a zoning compliance permit and building occupancy permit.
Such licenses shall be issued by the Zoning Administrator, Building
Inspector, or duly appointed designee following an inspection to determine
compliance with the relevant ordinances of the Township of Buchanan.
Such license shall be subject to all regulations of federal, state,
and local governments.
(6)
No person shall lease or sublease, nor shall anyone become the
lessee or sub-lessee of any property for the purpose of using said
property for an adult entertainment business without the express written
permission of the owner of the property for such use and only upon
having obtained the appropriate licenses and permits from the Township
of Buchanan, County of Berrien, and State of Michigan.
(7)
Conditions and limitations. Prior to the granting of any permit
herein provided, the Planning Commission or Township Board may impose
any such conditions or limitations upon the location, construction,
maintenance or operation of the establishment or regulated use, as
may in its judgment, be necessary for the protection of the public
interest. Failure to follow such limitation or condition will act
to immediately terminate any permit or license issued.
(8)
Limit on re-application. No application for an adult use which
has been denied wholly or in part shall be resubmitted for a period
of one year from the date of the order of denial, except on the grounds
of new evidence not previously considered or proof of a change in
conditions from the original request.
A. Purpose. In order to regulate and control the problems of noise,
odor, light, fumes, vibration, dust, danger of fire and explosion,
and traffic congestion which result from the unrestricted and unregulated
construction and operation of automotive fueling stations and service
stations and to regulate and control other problems incidental to
these uses that they may exercise upon adjacent and surrounding areas,
the following regulations and requirements shall be required in any
zoning district. All automotive fueling stations and service stations
erected after the effective date of this chapter shall comply with
this section. No automotive fueling station or service station existing
on the effective date of this chapter shall be structurally altered
so as to provide a lesser degree of conformity with this section than
existed on the effective date of this chapter.
B. Minimum area and frontage. An automotive fueling station, service
station, repair center, or public garage shall be located on a lot
having a frontage along the principal street of not less than 150
feet and having a minimum area of 15,000 square feet.
C. Setbacks. An automotive fueling station, service station, repair
center, or public garage building housing an office and/or facilities
for servicing, greasing, and/or washing motor vehicles shall be located
not less than 40 feet from any street lot line and not less than 40
feet from any side or rear lot line directly adjoining a residential
zoning district.
D. Driveway and curbs. All driveways providing ingress to or egress
from an automotive fueling station, service station, repair center,
or public garage shall comply with the access management standards
of this chapter. All drive approaches shall otherwise meet Berrien
County Road Department or Michigan Department of Transportation standards
for construction, turning lanes, and placement.
E. Paved areas. All parking areas, aisles, driveways and loading areas
shall be hard surfaced with concrete or a plant-mixed bituminous (asphalt)
material, except undeveloped and landscaped areas. All parking areas,
isles, driveways and loading areas shall be exclusive of the public
right-of-way.
F. Equipment location. All lubrication equipment, motor vehicle washing
equipment, hydraulic hoists and pits shall be enclosed entirely within
a building. All gasoline and fuel pumps shall be located not less
than 15 feet from any lot line and shall be arranged so that motor
vehicles shall not be supplied with gasoline or serviced while parked
upon or overhanging any public sidewalk, street, or right-of-way.
G. Number of pumps. An automotive fueling station, service station,
or repair center located on a lot having an area of 15,000 square
feet or less shall include not more than four double gasoline and
fuel pumps or eight single gasoline and fuel pumps and two enclosed
stalls for servicing, lubricating, greasing, and/or washing motor
vehicles. An additional two gasoline and fuel pumps and/or one enclosed
stall may be included with the provision of each additional 200 square
feet of lot area.
H. Walls and screening. Where an automotive fueling station, service
station, repair center, or public garage adjoins property located
in any residential zoning district, screening shall be provided.
I. Lighting. All exterior lighting, including illuminated signs, shall
be erected and hooded or shielded so as to be deflected away from
adjacent and neighboring property and shall comply with all requirements
of this chapter.
J. Outdoor storage and parking. All major repair work shall be conducted
completely within an enclosed building. Minor repair work (i.e., the
replacement of wipers, light bulbs, batteries, etc.) taking one hour
or less to complete shall be permitted. There shall be no storage
of vehicle components, parts, trash, supplies, or equipment outside
of a building. Outdoor storage or parking of vehicles or trailers,
other than private passenger vehicles, shall be prohibited between
10:00 p.m. and 7:00 a.m. of the following day, except that equipment
rental operations shall be permitted if incidental to the automotive
fueling station, service station, or repair center, and if restricted
to travel trailers or campers of under 21 feet overall length, car-top
carriers, and similar auto accessories. Such operations shall be within
fenced enclosures observing the same setbacks required for buildings
in the zoning district wherein the automotive fueling station, service
station, or repair center is located.
K. Removal of underground storage tanks. In the event that an automotive
fueling station, service station, repair center, or public garage
use has been abandoned or terminated for a period of more than one
year, all underground storage tanks for any petroleum product or waste
oil shall be removed from the premises in accordance with state and
federal regulations and statute.
A. All applicable requirements in the IND or RS Districts must be met.
B. The proposed buildings and structures shall be so situated as to
minimize adverse effects therefrom upon owners and occupants of adjacent
properties.
C. Any adverse effects of the junkyard shall be minimized by screening,
fencing, landscaping, setbacks, building location, structures, and
entryways.
D. There must be a proper relationship between the existing streets
and highways within the vicinity and proposed deceleration lanes,
service drives, entrance and exit driveways, and parking areas to
ensure the safety and convenience of pedestrian and vehicular traffic.
E. Mitigation of off-site impacts. Potential off-site impacts from a
junkyard or salvage operation on nearby dwelling units, churches,
schools, public buildings, public or semipublic places, including
parks and recreation areas, shall be effectively mitigated as provided
below.
(1)
A separation distance of at least 300 feet between the site
and such uses shall be deemed sufficient isolation distance to mitigate
off-site impacts.
(2)
Where a separation distance of 300 feet is not achievable, any
combination of screening, buffering and management and operational
procedures which the Planning Commission finds will mitigate such
off site impacts to prevent detriment to such uses, may substitute
for such separation distance.
F. The operational areas of the site shall be effectively screened from
view from the roadway by vegetation, landscaping or a solid fence.
Materials on the site shall not be stacked higher than 50 feet.
G. Operational plan. The proposed operator shall provide a proposed
facility operational plan as part of the special land use application.
Such operational plan shall consist of procedures to comply with applicable
state and federal statutes and regulations as well as the requirements
of this chapter. The Planning Commission shall evaluate the operational
plan and may require adjustments in its terms to fulfill the intent
of this section. Any special land use approved under this section
shall incorporate the terms of the operational plan as a condition
of approval. A copy of the operational plan shall be maintained on
site available for inspection by Township personnel upon request.
(1)
Such operational plan shall describe in detail design features,
equipment and operational measures to be implemented to control and
mitigate the following potential adverse effects of the facility:
(a)
Litter and accumulation of debris on site.
(b)
Dust and airborne fumes and odors.
(c)
Soil and groundwater contamination from motor oil, solvents,
lubricants and other hazardous and recyclable fluids on site. The
operational plan shall set forth measures to ensure continual compliance
with relevant local, county, state and federal laws and regulations.
(e)
Noise and vibration from equipment, vehicles and operations
on site.
(f)
Glare and light pollution.
(2)
The operational plan shall provide detail on the management
of the facility including hours of operations, personnel safety procedures,
procedures to prevent the purchase of stolen materials, after-hours
facility security and related matters.
(3)
The operational plan shall include, an emergency preparedness
plan which shall be filed with the local emergency services authorities
(police and fire) indicating the location, character, and extent of
any hazardous or flammable materials, along with their Materials Safety
Data Sheets.
H. No dumping or burning of garbage or trash shall be permitted.
I. The site shall not create a nuisance adversely affecting adjoining
properties.
J. A junkyard or salvage operation shall be subject to periodic inspection
and review by the Zoning Administrator.
K. The site and operations shall at all times meet all requirements
of local, state, and federal law for groundwater protection, stormwater
collection and treatment, and collection and disposal of hazardous
wastes.
A guesthouse may be permitted by special use permit in the AG
Agricultural District, the R-1 Low Density Rural Residential District,
and the R-4L Lakefront Residential and R-4R Riverfront Residential
Districts subject to the following conditions:
A. A guesthouse shall not be the principal use on the site.
B. A guesthouse may be located on a lot or parcel in combination with
a single-family dwelling, provided that the guesthouse complies with
the accessory building location guidelines (see "accessory building")
and is a minimum of 30 feet from the principal single-family dwelling.
C. A guesthouse may only be used for sleeping accommodations. If lavatory
facilities are provided, the guesthouse must be heated. Sanitary facilities
must meet the requirements of the Berrien County Health Department.
D. A guesthouse may not exceed 480 square feet in total floor area including
loft, nor shall it exceed the height of the principal dwelling.
E. At no time shall the guesthouse be used as an income producing property.
F. A guesthouse must remain as an accessory structure and shall not
be eligible for consideration as a principal structure on its own
lot or parcel.
G. A guesthouse must be in compliance with the Building Code of the
State of Michigan.
No zoning district in the Township shall be considered an appropriate
district for dumping of any kind. No person shall deposit, throw or
place any garbage, rubbish or trash in any street, alley or other
public place within the Township. No person shall place or keep any
garbage, rubbish, or trash upon any private property whether owned
by such person or not unless the same is enclosed in a proper receptacle
or container as hereinafter provided. No person shall allow any garbage,
rubbish, or trash to collect or lie upon any property owned or occupied
by him in such a manner that it attracts flies, vermin or rodents,
or emits noxious odors, or is unsightly, or may blow or scatter on
adjoining lands or otherwise offends the public health, safety, comfort
or repose.
A. There shall be no operations involving excavation, removal, deposit
or relocation of sand, gravel, topsoil, clay, marl, fill materials
and other similar materials that involve an amount in excess of 400
cubic yards per year, except as:
(1)
Relating to excavation for permitted construction that has been approved by the Township through Article
XXIII of this chapter.
(2)
Uses accessory or incidental to another lawful use, including
parking, landscaping, gardening and similar uses that do not exceed
an amount of material to be excavated, removed, deposited, or relocated
in excess of 400 cubic yards.
(3)
Uses accessory or incidental to farming operations.
(4)
Residential construction and improvements involving a plat duly
approved and recorded pursuant to the Land Division Act, Public Act
No 288 of 1967 (MCLA § 560.101 et seq.); and
(5)
Operations necessary by a governmental agency in the construction
of highways, sewers, drains and flood control projects.
(6)
Permitted according to the provisions of this section of this
chapter.
B. Permit required. It shall be unlawful for any person to remove, deposit
or relocate any sand, gravel, topsoil, clay, marl, minerals, waste
or fill materials, or other similar materials, in or from lands in
the Township except as hereinafter provided, without first obtaining
a special use permit from the Township.
C. Permit application. Any person desiring to obtain a special use permit as provided in Article
XXIV shall first file an application with the Zoning Administrator. Such application shall be addressed to the Township board and shall set forth the following information:
(1)
Maximum amount of material to be moved, removed, deposited or
relocated.
(2)
Type or kind of material to be moved, removed or relocated or
used for fill material.
(3)
Proposed method of removal and equipment intended to be used
in the removal.
(4)
Measures to be taken by the applicant to control noise, vibration,
dust and traffic during the operations.
(5)
A description of any traffic control devices, public facilities
or public services that will be required by the proposed operations,
an estimate of the costs of the traffic control devices, public facilities,
or public services, and the proposed method of funding for the traffic
control devices, public facilities or public services.
(6)
Any measures the applicant proposes to take to ensure public
safety, the exclusion of children from the premises, and the lateral
support of surrounding land and structures.
(7)
A phasing plan including the time required for the proposed
operations.
(8)
The application shall document in detail by engineered drawings
at a scale of one inch to 100 feet or larger, by contour maps or otherwise,
the contour, condition, and use of the land as proposed upon completion
of the operations. These plans shall include proposed landscaping,
and soil and earth stabilization control to be employed to leave the
premises in a fully usable condition for a land use consistent with
the Township of Buchanan Master Land Use Plan and to prevent erosion,
dust, weeds, and unsightly conditions.
(9)
A map of the parcel involved showing all buildings, streets,
drainage facilities and natural features within 200 feet thereof shall
accompany the application.
(10)
Certification by the Berrien County Road Department, Berrien
County Drain Commissioner, Berrien County Health Department, and the
Berrien County Soil Conservation Service, and the Michigan Department
of Environmental Quality that the proposed use will not severely threaten
the public safety or property rights of others and that sedimentation
control standards of the local, state and federal law will be met.
D. Permit fee. Each application for a permit required by this section
shall be accompanied by a fee in an amount set by resolution of the
Township Board from time to time.
E. Findings of Township Board. No permit shall be issued unless the
Township Board, after considering the application and the recommendation
of the Planning Commission, if any, and after giving the applicant
an opportunity to be heard in person or by counsel, shall find that:
(1)
The proposed operations are not likely to cause any dangerous,
unsanitary or unhealthy condition;
(2)
They will impose no undue financial burden upon the Township;
(3)
They are not likely to create any public or private nuisance;
(4)
They are not likely to be conducted in violation of any state
law or Township ordinance;
(5)
There is adequate assurance that the premises will be left in
such condition as will prevent soil erosion and sedimentation that
will affect adjacent property and of the waters of the State; and
(6)
After completion of the operations, the land will be reclaimed
for a land use compatible with the anticipated future land use of
the Township of Buchanan Master Development Plan.
(7)
As a condition of granting the special use permit, the Township
Board may require the applicant to post a financial guarantee to assure
that operations will be conducted and the reclamation completed as
required in this chapter.
F. Other considerations. In addition to the matters mentioned in the
findings of the Township Board, the Township, in considering the granting
of a permit, may hear any other person or consider any other factor
that may bear on the public health, safety or general welfare in the
particular situation. The effect upon the surrounding property values
may be considered as a factor affecting the general welfare, but no
permit shall be denied solely because its granting would have an adverse
effect upon property values.
G. Permit revocation. Each permit shall apply only to the lands described
in the application and may be revoked if the permit holder operates
in any manner inconsistent with the statements in the application
or any amendment or fails to comply with any special requirement the
Township board may order set forth in the permit to protect the public
health, safety and welfare in the special circumstances of the situation,
or if it shall at any time appear that any of the findings set forth
in this section could not be made if the matter were then before the
Township board for decision; however, no permit shall be revoked unless
the permit holder is given written notice, mailed or personally served
at least five days prior to the date of the meeting at which revocation
is considered, and the opportunity is given to the permit holder to
be heard in person or by counsel. The notice shall specify the date,
time and place of the meeting at which revocation will be considered
and inform the permit holder of the reasons why revocation is under
consideration and of his right to be heard either in person or by
counsel. Revocation of a permit shall not exempt the permit holder
from punishment for any violation of this article.
H. Application. This section shall not apply to normal and necessary
excavation or grading done in the connection with construction of
roads, farm ponds, farm erosion control projects, normal and acceptable
farming procedures, drains, sewers, construction of dwellings and
other buildings where a construction permit is granted under other
Township ordinances, nor shall it apply in any case where the amount
removed from or relocated or deposited on any parcel of land in any
one calendar year is less than 500 cubic yards of sand, gravel, clay,
marl, minerals, waste and fill materials or other similar materials.
However, nothing contained in this article shall in any way permit
any kind of mining, mineral removal or relocation or dumping of waste
and fill materials in any amount where such use would be apt to interfere
with the public health, safety or welfare, or create a public or private
nuisance, or such use would be apt to endanger children or deprive
adjoining owners of property of the beneficial use and enjoyment of
their lands.
I. Other provisions:
(1)
The change in the natural contour of the land during mining
operations and at the cessation of same shall be maintained as safe
for any person having reason to be within the area of mining activity
and all trespassers.
(2)
No business or industrial structures or buildings of a permanent
nature shall be erected without prior approval.
(3)
No truck parking or truck storage shall be located within 200
feet of any adjacent residence or within 50 feet of any adjoining
property or nearer than a two-foot lateral ratio per one foot of cut.
(4)
A well maintained wire or painted wooden fence shall be erected
on any side adjoining a residential property.
(5)
No part of the removal process shall take place closer than
200 feet to the nearest adjacent residence or closer than 50 feet
to any street line. Any cut shall not exceed a ratio of one foot of
cut per two lateral feet of property in relation to the property line
original contour.
(6)
The proposed restoration elevations shall be compatible with
surrounding areas and adequate safeguards shall be made to insure
proper drainage.
(7)
The property shall be restored by the replacement of topsoil
and such soil shall be stabilized by appropriate plantings.
(8)
All truck traffic shall be directed away from residential streets.
(9)
The Planning Commission may recommend, the Township Board may
approve a time limit for the removal and processing of sand, gravel
and topsoil to occur.
(10)
The Planning Commission may recommend, and the Township Board
may approve a performance guarantee to ensure that the site is restored.
A. The Michigan Building Code, as amended, shall govern circumstances
and standards to require building permits.
B. Prior to issuance of a building permit, a zoning compliance permit
is required from the Zoning Administrator to assure that the proposed
building activity is in compliance with the provisions of this chapter.
C. Application for a building permit or zoning compliance permit must
be accompanied by a site plan, specification line drawings, floor
plans and other data which the Zoning Administrator/Building Inspector
may reasonably require to assure compliance with the provisions of
this chapter.
D. If the proposed excavation, construction, moving, or alteration,
or use of land as set forth in the application, and site plan when
required, is in conformity with the provisions of this chapter, the
Zoning Administrator shall approve a zoning compliance permit. If
an application for such permit is not approved the Zoning Administrator
shall state in writing on an appropriate denial form the cause for
such disapproval.
E. All structures once commenced shall be fully completed within one
year from date of issuance of the building permit. An extension of
time may be granted by the Zoning Administrator upon showing of necessity
for good cause.
A single-family dwelling as defined in this chapter shall meet
the following minimum standards:
A. The dwelling shall comply with the minimum square footage requirements
for the zone in which it is located.
B. The dwelling shall have a minimum width across front, side and rear
elevations of 24 feet and comply with the Building Code, including
minimum ceiling heights for habitable rooms. Where a dwelling is required
by law to comply with any federal or state standards or regulations
for construction and where such standards or regulations for construction
are different than those imposed by the Building Code, the most restrictive
standard shall apply. The provisions of this section shall not have
the effect of making one family dwellings, which exist as of the effective
date of this chapter, nonconforming.
C. The dwelling shall be firmly attached to a permanent foundation constructed
on the site in accordance with the Building Code and shall have a
wall of the same perimeter dimensions of the dwelling and constructed
of such materials and type as required in the applicable building
code for one-family dwellings.
D. The dwelling contains a storage capability area in a basement located
under the dwelling, in an attic area, in closet areas, or in a separate
structure of standard construction equal to or of better quality than
the principal dwelling, which storage area shall be equal to 10% of
the square footage of the dwelling or 100 square feet, whichever shall
be less.
E. A single-family dwelling shall be aesthetically compatible in design
and appearance with other residences in the vicinity. The compatibility
of design and appearance shall be determined by the Zoning Administrator
upon review of the plans submitted for a particular dwelling subject
to appeal by an aggrieved party to the Construction Board of Appeals
within a period of 30 days from the receipt of notice of the Zoning
Administrator's decision. Any determination of compatibility shall
be based upon the standards set forth in this chapter as well as the
character, design and appearance of residential dwellings located
on property within 1,300 feet of the subject site.
F. The dwelling shall contain no additions or rooms or other areas which
are not constructed with a quality of workmanship equal to the original
structure, including permanent attachments to the principal structure
and construction of foundations as required herein.
G. A single-family dwelling shall have all of the following:
(1)
A roof over-hang of not less than six inches on all sides, or
alternatively with window sills or roof drainage systems concentrating
roof drainage at collection points along the sides of the dwelling;
(2)
Not less than two exterior doors with the second one being in
either the rear or side of the dwelling;
(3)
Steps connected to exterior door areas or to porches connected
to door areas where a difference in elevation requires the same.
(4)
A roof pitch of four feet horizontal to one foot (or greater)
vertical.
H. The dwelling complies with all local building, electrical, plumbing,
mechanical, and fire codes. Additionally, all dwellings shall meet
or exceed all applicable roof snow load and strength requirements.
I. This section shall not be construed to prohibit innovative design
concepts involving such matters as solar energy, view, unique land
contour, or architectural design.
J. No construction may be commenced until a building permit has been
obtained in accordance with the applicable provisions of this chapter
and the applicable building code.
Except as provided herein, all new parcels of land, land divisions,
subdivision lots, or condominium units which front on and take their
primary access from, a public roadway shall be entitled to not more
than one driveway. The location of said driveway shall be determined
by the Berrien County Road Department.
A. Corner lots. Corner lots as defined herein, may be entitled to not
more than one driveway for each road which abuts the parcel, subject
to the approval of the Road Department.
B. Multiple driveways. Subject to Road Department approval, parcels
with large frontage on a public road may be entitled to multiple driveways,
providing all proposed driveways can meet the following minimum separation
requirements pertaining to existing and proposed driveways and public
and private roads, both on the site and on adjacent parcels:
Posted Speed Limit of Abutting Roadway
(mph)
|
Minimum Driveway and Intersection Separation
(measured center line to center line)
(feet)
|
---|
25
|
105
|
30
|
125
|
35
|
150
|
40
|
185
|
45
|
230
|
50+
|
275
|
C. Utility and other uses. The requirements of this section shall not
apply to a driveway or other access used exclusively to access farmlands
or uses at which no one resides or regularly works, such as cellular
towers, water wells, pumping stations, utility transformers or similar
uses.
D. All residential, commercial, or industrial parcels fronting on the
primary roadways shall meet the minimum access spacing requirements
by increasing the frontage of new parcels or providing shared access
for multiple parcels that meet the above requirements.
E. The Planning Commission may consider a modification of the above
requirements based upon the inability of a parcel to meet Road Department
Rules for sight distance, clear vision area, drainage, and driveway
profile. Such requests must be accompanied by documentation sufficient
to clearly illustrate and describe how such parcel in unable to meet
Road Department Rules, and may, at the discretion of the Planning
Commission, be required to include the following:
(1)
Traffic impact analysis of the proposed development and the
proposed traffic access on the affected roadway.
(2)
Review and concurrence by the Berrien County Road Department
or MDOT (as applicable) that the proposed access configuration will
result in a greater level of roadway capacity and safety than if the
specific requirements of this section were followed.
Outside of the AG District small scale livestock operations
and keeping of chickens (hens) shall be considered a permitted accessory
use, subject to the restrictions of this section. Within the AG District,
livestock operations of any scale shall be considered a part of normal
farm operations not subject to this section.
A. Small scale livestock operations.
(1)
Minimum parcel area. A minimum area of five acres comprised
of a single parcel or lot, or contiguous parcels under the same ownership,
shall be required for any small scale livestock operation, outside
of the AG District.
(2)
Number of animals permitted. The number of animals permitted
in a small scale livestock operation shall be determined based on
the total area of the parcel without regard to the portion of the
parcel devoted to keeping livestock.
(3)
Animal units. The maximum number of combined individual animals
shall be determined based on equivalent animal units as defined herein,
per the following table:
Animal
|
Number of Animals per Animal Unit
|
---|
Slaughter or feeder cattle/buffalo
|
1
|
Dairy cattle
|
0.7
|
Equine, llama/alpaca
|
1
|
Swine (over 55 pounds)/ostrich
|
2.5
|
Goat/sheep
|
3
|
Turkeys
|
7
|
Laying hens and broilers
|
10
|
Rabbits
|
10
|
Other livestock
|
1,000 divided by the average mature animal weight
|
(4)
Maximum animals allowed.
(a)
The following table shall be applied to determine the total combined number of individual animals permitted under this §
300-18.35 as a small scale livestock operation. Determine the parcel area in question and multiply the number of animal units allowed by the number of animals per animal unit from the table above. For the purpose of this section, animals shall not be counted toward animal units until they are weaned in the case of mammals or one month after hatch, in the case of fowl.
Minimum parcel area (in acres)
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12 or greater
|
Maximum animal units allowed
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
(b)
Manure or animal waste piles shall be kept a minimum of 100
feet from all property lines.
B. Keeping of chickens (hens) on parcels under five acres. The purpose
of this subsection is to provide standards and requirements for the
keeping of chickens in residential areas. It is intended to enable
residents to keep up to six chickens on a noncommercial basis while
limiting and mitigating any potential adverse impacts on surrounding
properties and neighborhoods. The keeping of up to four chickens that
are utilized exclusively by the person(s) occupying a one-family dwelling
as a locally grown food source for the consumption of eggs or meat
is permitted as an accessory use in all districts if all of the following
are satisfied:
(1)
Roosters are not permitted.
(2)
Chickens shall be kept only in the rear yard and shall be kept
within a coop and attached pen during nondaylight hours. During daylight
hours, chickens may be allowed to roam outside of the coop and pen
and only within an area completely enclosed by a fence with a minimum
height of three feet.
(3)
The coop and pen shall be designed to provide safe and healthy living conditions for chickens while minimizing adverse impacts on other residents and the neighborhood. The coop shall comply with the accessory building setback guidelines as set forth in §
300-18.24.
(4)
All feed and other items associated with the keeping of chickens
that are likely to attract or to become infested with or infected
by rats, mice or other rodents shall be stored and used so as to prevent
infestation by rats, mice or other rodents.
(5)
The outdoor slaughter of chickens is prohibited.
(6)
The keeping of chickens shall not generate excessive noise,
odors, dust, fumes, unsanitary conditions or other comparable nuisances.
(7)
All licensing required by the State of Michigan and Berrien
County, as well as all other statutes, ordinances and codes shall
be satisfied.
A. General provisions.
(1)
The erection, construction or alteration of any dock, boathouse,
or mooring facility shall first require a zoning compliance permit.
(2)
No dock, boathouse, or mooring facility, whether seasonal or
permanent, shall:
(a)
Be built closer to any property line than 10 feet.
(b)
Have a height greater than five feet from the elevation of the
mean water level.
(c)
Project into the waterway more than 35 feet beyond an elevation
which is three feet below the ordinary high-water mark. The Zoning
Administrator, Planning Commission or Township Board may require a
professional land surveyor licensed in the State of Michigan to certify
this elevation.
(d)
Be so constructed or arranged so as to constitute a hazard to
navigation.
(e)
No dock shall obstruct the navigable waters of the state and
all docks shall conform to any applicable requirements of the Michigan
Environment, Great Lakes, and Energy Department or any other federal
or state requirements.
B. Private docks. Private docks shall be subject to the following requirements:
(1)
No more than three boats, including personal watercraft, shall
be regularly moored at any private dock serving a single parcel.
(2)
Private docks shall not be used for commercial purposes or rented
for compensation in any form.
(3)
No private dock shall include T or L diversions that extend
more than 10 feet in any direction from the central dock.
(4)
Shared docks shall have a recorded easement and be approved
by all owners.
C. Community docks. Community docks shall be subject to the following
requirements:
(1)
No more than 12 boats, including personal watercraft, shall
be regularly moored at any community dock serving a single entity
or organization.
(2)
Community docks shall not impede access to nearby docks by way
of size, orientation or design.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the AG, R-1 and R-2 Districts, spas and wellness centers as defined herein, shall be treated as special land uses subject to the provisions of Articles
XXIII and
XXIV, and the following provisions.
A. Management plan. In addition to the site plan and special use submittal
requirements an applicant or operator shall provide a detailed management
plan for the conduct of the spa and retreat. Said plan shall detail
the range of services to be offered, the qualifications, credentials
and licensing of key personnel to be on site or on-call, the hours
of operation and staff supervision plan. The management plan shall
distinguish between the extent of services, therapy or instruction
offered to overnight guests and those offered by appointment or to
walk-in clients that are not overnight guests. The management plan
shall describe in detail any and all licenses and permits required
by any legitimate governmental authority pertaining to the facility
and the personnel. The management plan shall detail any retail products
to be offered on site and outline the hours of operation during which
retail sales will be conducted. The Planning Commission or Zoning
Administrator may set forth additional informational requirements
for the management plan.
B. Overnight stays. Overnight stays shall not exceed 14 days.
C. Licenses and permits. As a condition of approval of a special land
use for a spa and wellness center, the facility and all personnel
shall, at all times, maintain required licenses and permits; including,
but not limited to, professional licenses, permits for kitchen facilities,
and wastewater discharge permits. The Planning Commission may grant
conditional approval to a spa and wellness center pending the issuance
of all required licenses, provided that a spa and wellness center
shall not commence operation until such required licenses and permits
have been issued.
D. A spa and wellness center shall not be used as a "half-way house"
or any adjunct facility associated with the criminal justice, corrections
system, juvenile justice or community mental health system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever an activity is conducted in conjunction with another
principal use and the former use; 1) constitutes only an incidental
or insubstantial part of the total activity that takes place on a
lot, or 2) is commonly associated with the principal use and integrally
related to it, then the former use may be regarded as accessory to
the principal use and may be carried on underneath the umbrella of
the permit issued for the principal use. For example, a swimming pool/tennis
court complex is customarily associated with and integrally related
to a residential subdivision or multifamily development and would
be regarded as accessory to such principal uses, even though such
facilities, if developed apart from a residential development, would
require a special land use approval.
[Added 12-3-2020 by Ord.
No. 121-2020]
An event venue may be permitted by the Township as a special use in the Agricultural District and Recreational District in accordance with Article
XXIV. An application for an event venue shall include a site plan in accordance with Article
XXIII. The application shall include a complete written description of the proposed use, with detail on parking, sanitation, refuse and solid waste management, outdoor lighting, fencing and on-site vehicular and pedestrian circulation, the services to be provided, the maximum number of patrons anticipated on-site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special use permit application to be relied upon by the Township in granting any approval.
A. This specific use shall be permitted in the Agricultural and Recreational
Zoning Districts with a special land use.
B. The site shall have a minimum area of five acres identified by a
single property (parcel) ID.
C. An improved parking area, as determined by the Planning Commission, will be required. The applicant must demonstrate the capacity of the site to accommodate vehicle parking and circulation without disruption of normal traffic flow on the public right-of-way. All parking areas shall be screened from view of an abutting residential use by either a greenbelt, obscuring fence, or masonry wall when it is determined by the Planning Commission to be appropriate. Any other parking requirements shall be determined by the Planning Commission in accordance with Article
XIX.
D. The applicant must demonstrate fire code compliance and receive Fire
and Building Department approval.
E. The applicant must secure all necessary permits from the Berrien
County Health Department, Buchanan Township Zoning and Building Departments,
Township Fire Department, Berrien County Road Department, as applicable,
and must comply with all government regulations.
F. Sanitary facilities, that may consist of portable stations, must
be properly maintained and located within a side or rear yard and
screened from public view.
G. All waste products shall be screened from public view, properly disposed
of on a regular basis and shall in no way be allowed to become a nuisance
to adjacent properties.
H. Hours of operation will be determined through the special use standards of §
300-24.07E(5).
I. All events must be conducted by persons who own the premises, or
their designees.
[Added 9-16-2021 by Ord. No. 123-2021]
A. These
provisions shall not apply to towers located on existing buildings,
or to an antenna located on existing structures.
B. Antennas
for commercial wireless telecommunications services shall be required
to locate on any existing or approved tower or suitable publicly or
privately owned structure within a three-mile radius of the proposed
tower unless one or more of the following conditions exists:
(1) The planned equipment would exceed the structural capacity of the
existing or approved structure, tower or building, as documented by
a qualified and registered professional engineer, and the existing
or approved tower cannot be reinforced, modified, or replaced to accommodate
planned or equivalent equipment at a reasonable cost.
(2) The planned equipment would cause interference materially affecting
the usability of other existing or planned equipment at the structure,
tower or building as documented by a qualified and registered professional
engineer and the interference cannot be prevented at a reasonable
cost.
(3) Existing or approved structures, towers and buildings within a three-mile
radius cannot accommodate the planned equipment at a height necessary
to function reasonably as documented by a qualified and registered
professional engineer.
(4) Other unforeseen reasons that make it infeasible to locate the planned
equipment upon an existing structure, tower or building.
C. Any
proposed tower for commercial wireless telecommunication services
shall be designed, structurally, electrically, and in all other respects,
to accommodate both the applicant's equipment and comparable equipment
for at least two additional users. Towers must be designed to allow
for future rearrangement of equipment upon the tower and to accept
equipment mounted at varying heights. Adequate space shall be reserved
on the site for ground-mounted equipment serving the additional users.
D. Communications
towers shall be designed to blend into the surrounding environment
through the use of color and architectural treatment, except in instances
where color is dictated by other state or federal authorities. Towers
shall be of a monopole design unless the Planning Commission determines
that an alternative design would better blend into the surrounding
environment.
E. The
tower base shall be set back from all lot lines a minimum distance
equal to 1/2 the height of the tower. The tower height shall be measured
from the grade at the base of the tower to the topmost element of
the tower and all antennas.
F. Tower
height shall be limited to 300 feet, including antenna.
G. The
Planning Commission may require structures or equipment on the ground
to be screened with landscaping, berms, walls, or a combination of
these elements.
H. Communications
towers shall not be illuminated unless required by other state or
federal authorities. No signs or other advertising not related to
safety or hazard warnings shall be permitted on any part of the tower
or associated equipment or buildings.
I. A performance
guarantee shall be provided for communication towers to ensure that,
if they are abandoned or unused, the tower shall be removed, along
with any associated structures or equipment, within 12 months of the
cessation of operations, unless a time extension is granted by the
Zoning Administrator. One three-month extension shall be permitted
only if the Zoning Administrator finds that the owner or former operator
of the facility is taking active steps to ensure its removal or reactivate
its use.