No building or land shall be used and no building shall be hereafter erected, structurally altered, or relocated except for one or more of the uses herein permitted within the district in which such building, structure, or land is located or for a use similar to and harmonious with such permitted uses, except as provided in Article
XVII, Nonconforming Uses, Buildings and Lots, and Article
XVIII, Board of Appeals, of this chapter.
A variance may be granted by the Zoning Board of Appeals from
the strict terms of this section for an applicant to provide a ramp
necessary to access any principal residential or other structure to
comply with the Americans with Disabilities Act requirements. Standards for granting a variance shall
include a first preference for installation of such ramps in the rear
or side yards. Granting a variance for installation of a ramp in the
front yards shall only be considered in cases where no side or rear
access can be obtained in compliance with accessible ramp construction
requirements.
No obstruction to vision (other than an existing building, post,
column, grade, or tree) exceeding 36 inches in height shall be erected
or maintained on any lot within the triangle formed by the right-of-way
intersection and a line drawn between points along two rights-of-way
lines 25 feet from the intersection.
All fences hereinafter constructed in Three Oaks Township shall
conform to the following standards:
A. Except as provided herein, construction of a fence shall require
issuance of a zoning compliance permit issued by the Zoning Administrator
prior to construction or erection of the fence. The following fences
shall be exempt from this requirement:
(1)
Fences associated with a farm operation or hobby farm in the
AG-RR District.
(2)
Decorative fences as defined herein.
B. Fences regulated by this §
380-12.08 shall be constructed to present the finished outside fence appearance to adjacent property and public rights-of-way by either:
(1)
Symmetrical construction having identical inside and outside
face appearance, including main anchor posts and frame members.
(2)
Offset construction with main anchor posts and horizontal and
vertical frame members visible on the inside face only and vertical
and horizontal face members or materials mounted on the outside surface
of the frame and anchor post members.
C. Fences shall not exceed four feet in height in the front yard and
six feet in height located in the side or rear yard.
D. Any form of electrified and/or barbed wire, barbwire, or single-strand
wire fence or barrier is prohibited in all residential districts,
except in the AG-RR Agricultural - Rural Residential District.
E. Barbed wire, barbwire or any form of single-strand wire fence or
barrier is prohibited in any commercial or industrial district except
for the installation as cap wires on industrial-grade cyclone-type
fence with a minimum height of six feet.
F. Any fence erected or maintained in violation of this section shall
be deemed a hazard to public health and welfare and shall constitute
a violation of this chapter.
No property owner in any district may maintain, or allow to be maintained, any junk or inoperable cars, trucks, trailers, motorcycles, machinery or other similar equipment or vehicles on the premises in violation of Chapter
351, Vehicles, Junk and Inoperable, of the Code of the Township of Three Oaks. Any vehicle not bearing a valid registration license plate shall be considered inoperable under the terms of this chapter.
Where required by the terms of this chapter or by the Planning
Commission or Zoning Administrator in the conduct of its authorized
responsibilities under this chapter, the following standards shall
be used to govern landscaping requirements for developments in the
Township.
A. Required standards. The following table shall be applied to determine
the standards of this section that shall apply to proposed developments:
Project Description
|
Landscape Plan Requirements
|
---|
Single-family detached units with fewer than 10 units; all agricultural
uses
|
None
|
Single-family detached units with at least 10 units but not
more than 20 units
|
Minor landscape plan, per Subsection B hereof
|
Single-family detached units with 21 or more units, regardless
of phasing, and mixed-use developments
|
Complete landscape plan, per Subsection C hereof
|
Multifamily projects of fewer than 20 units
|
Minor landscape plan, per Subsection B hereof
|
Multifamily projects of 20 or more units
|
Complete landscape plan, per Subsection C hereof
|
Commercial, office, industrial, or institutional development,
including permitted uses and conditional land uses
|
Complete landscape plan, per Subsection C hereof, unless waived or modified pursuant to Subsection E hereof
|
B. Minor landscape plan. A minor landscape plan shall include detail on any proposed entry feature, such as an identifying sign or boulevard, as well as any mechanism to preserve and protect any existing vegetation on the site. This may include limitations on tree removal, reforestation requirements, street trees and any specimen plantings. In addition, a minor landscape plan shall include a viable mechanism acceptable to the Planning Commission or Zoning Administrator to assure that the landscape plan will be implemented and maintained. Nothing in this section shall prohibit an applicant from providing additional detail or information as described in Subsection
C hereof.
C. Complete landscape plan. A complete landscape plan shall be prepared
in accordance with the following standards.
(1)
A landscape plan required under the terms of this section shall
be prepared by a registered landscape architect or by a qualified
landscape designer. Such landscape plan shall provide, to the greatest
extent possible, for the preservation and protection of existing natural
features on the site. The landscape plan shall address at least the
following items:
(a)
An inventory of existing trees, wood lots, streams, lakes, wetlands,
view sheds and other natural features of the site and detail on the
measures proposed to preserve and protect such features.
(b)
All proposed planting areas for grass, trees, shrubbery and
other green space intended to protect the natural features and character
of the site shall be illustrated in the landscape plan. Such illustration
shall include the species proposed, the number of plantings, the size
of such plantings, including the caliper (diameter at breast height)
and height, irrigation measures proposed and related information.
(c)
The location and nature of lighting, signs, utility fixtures,
earth changes, streetscape and any other matter that affect the appearance
of the site.
(2)
In all developments other than single-family detached developments,
all lots shall have a minimum of 25% of total lot area devoted to
landscaped open space. Landscaped open space shall not include driveways
and parking areas. To the greatest extent possible, existing trees
over five inches diameter at breast height shall be retained and protected.
Areas of a site plan intended for stormwater detention or retention
shall only be included in such required minimum landscaped area if
formally landscaped with shrubbery and turf and contoured such that
no fencing shall be required.
(3)
All required site plans shall include the location of all existing
trees having five inches or greater diameter breast height, identified
by common or botanical name. Trees proposed to remain, to be transplanted
or to be removed shall be so designated. A cluster of trees standing
in close proximity (three feet to five feet or closer) may be designated
as a "stand" of trees, and the predominant species, estimated number,
and average size shall be indicated.
(4)
The area between the edge of the street pavement and property
line, with the exception of paved driveways, sidewalks and parking
areas permitted by this chapter, shall be used exclusively for the
planting and growing of trees, shrubs, lawns, and other landscaping
designed, planted and maintained to serve as a healthy and attractive
amenity on the site.
(5)
In the event a proposed development includes uses more intense
in terms of noise, lighting, traffic, residential density or similar
impacts than an existing adjoining use, the landscape plan shall include
provision for plantings or other aesthetic screening to mitigate and
lessen the potential impact on such adjoining land use.
(6)
The applicant shall replace any trees, shrubbery or other plantings that fail to become established and remain viable for a period of two years following completion of all construction on the site. In accordance with §
380-16.05G, the Township shall require an irrevocable bank letter of credit, certified check or cash in an amount as determined by the Township, which shall be sufficient to assure the establishment of a viable landscaped area. In the event any of the landscaped materials do not become established and the applicant shall fail to provide a viable replacement, the Township shall utilize such irrevocable bank letter of credit, certified check or cash to install replacement landscaping materials. After two years of demonstrated viability of all landscape materials, the remaining balance, if any, of such irrevocable bank letter of credit, certified check or cash shall be returned to the applicant.
(7)
All landscaped areas required pursuant to this section shall
be equipped with a watering system capable of providing sufficient
water to maintain plants in a healthy condition. Irrigation systems
shall be maintained in good working order.
D. Landscape standards. The following standards shall be met in the
design, implementation and evaluation of landscape plans and installations.
(1)
Intent. The intent of this section is to establish minimum standards
for the design, installation, and maintenance of landscaping along
public streets, as buffer areas between uses, on the interior of sites,
within parking lots, and adjacent to buildings. Landscaping is a critical
element contributing to the aesthetics, development quality, stability
of property values, and the overall rural character in the Township.
The standards of this section are also intended to screen headlights
to reduce glare, integrate various elements of a site, help ensure
compatibility between land uses, minimize negative impacts of stormwater
runoff, and promote the preservation of healthy, desirable trees.
The landscape standards of this section are considered the minimum
necessary to achieve the intent. In several instances, the standards
are intentionally flexible to encourage creative design. Applicants
are encouraged to provide additional landscaping to improve the function,
appearance, and value of their property.
(2)
Parking lot landscaping shall be designed and installed in accordance with §
380-13.04.
(3)
Buffers between uses. For nonresidential developments, there
shall be provided and maintained on those sides abutting or adjacent
to a residential zoning district and/or a current residential use
a masonry wall or wooden privacy fence six feet in height, or between
six feet and eight feet in height in industrial districts, or a totally
obscuring landscape buffer or berm, at least partially comprised of
evergreen trees, sufficient to provide adequate, year-round screening
between uses for the purpose of protecting the quality and integrity
of the residential use.
(4)
Front yard landscaping. In addition to the provisions of §
380-13.04, where front yard parking exists or is proposed, a minimum of one deciduous tree shall be planted between the parking area and the street per every 30 feet of linear frontage. Base plantings, such as shrubs and perennials, shall be required along the front of the building. Additional front yard landscaping is encouraged and may be required by the Planning Commission where it is found that such additional landscaping would enhance and protect the Township's rural character.
(5)
Planting specifications. Plant materials permitted in required
landscaped areas shall be hardy to the climate of Michigan, long-lived,
resistant to disease and insect attack, and shall have orderly growth
characteristics.
(a)
Trees. Required trees shall be of the following sizes at the
time of planting, unless otherwise stated in this chapter.
[1] Deciduous trees shall be two-and-one-half-inch
caliper minimum trunk measurement at four feet off the ground, with
a minimum eight feet in height above grade when planted.
[2] Evergreen trees shall be six feet in height above
grade when planted.
(6)
The following plant materials are not permitted for planting
in a public right-of-way or as required by the minimum landscaping
standards of this chapter due to susceptibility to storm damage, propensity
for root clog of drains and sewers, susceptibility to disease or insect
pests, or other undesirable characteristics, such as being an exotic
invasive species: silver maple, box elder, thorned honey locust, gingko
(female), mulberry, black locust, willow, Siberian elm, slippery elm
and red elm, Chinese elm, horse chestnut, poplar, ailanthus, catalpa,
Osage orange, cottonwood, European barberry, purple loosestrife, autumn
olive, and Russian olive.
E. Waivers. The Planning Commission may waive or modify any requirement
of this section as not applicable to particular development circumstances
and providing that such waiver does not detract from the aesthetics
or quality of the natural environment of the Township.
No residential or business operation or activity shall cause
to be placed alongside the street any trash, garbage, recycling container,
bin or any other receptacle used for the disposal of any matter prior
to the evening of the day before a scheduled trash/garbage pickup.
All trash, garbage or recycling containers, bins or any other receptacle
used for the disposal of any matter shall be retrieved from the side
of the street or road by sundown on the day of the scheduled garbage/trash
pickup.
No person, firm or corporation shall operate a recycling center/operation,
store, dump, or cause to be dumped any garbage, tin cans, papers,
automobile vehicles or truck bodies or parts, machinery, stoves, refrigerators,
junk, movable structures, or waste materials of any kind on any land,
private or public, situated in the Three Oaks Township unless such
place has been licensed as a state solid waste management site.
The Township Board may issue permits for the temporary use and
occupancy of property for uses not otherwise provided for in this
chapter (carnivals, special events, flea markets, environmental testing
devices) and which do not require the erection of any structures requiring
foundations or connection to public water or sewer. For the purpose
of this section, a temporary activity shall not extend for more than
six months in any year. There shall be no minimum duration for a temporary
activity; provided, however, that sales of personal items from a private
residence or church, such as garage or yard sales, shall not be considered
a temporary activity if such sale does not extend for more than three
days in any ninety-day period.
A. Temporary activities shall only be permitted in the C-1 District
B. The Township Board shall issue temporary activity permits in response
to a properly completed application, if it finds that such activity
shall:
(1)
Conform with applicable minimum development standards, including
but not limited to setbacks, off-street parking and loading, and signs;
(2)
Maintain adequate setbacks between stalls, fixtures and equipment
to allow emergency access;
(3)
Be compatible with the physical character and the use of nearby
properties;
(4)
Not adversely impact the public health, safety, and general
welfare of the Township, its residents and businesses.
C. The Township Board shall establish a definite time limit for the
existence of any such temporary use, which shall not exceed six months.
D. The Township Board may establish conditions upon the approval of
a temporary activity permit, including establishment of a definite
time limit for the existence of any such temporary use, which shall
not exceed six months
While not specifically classified in this chapter as a permitted
use, it is recognized that some uses may be sufficiently similar to
uses listed as permitted by right that the Planning Commission may
consider such unlisted uses as being of a similar character and warranting
similar regulation as such uses. In such event, the terms of this
section shall be applied.
A. Upon application, the Planning Commission shall consider an unclassified
use as sufficiently similar to a classified permitted use when it
finds that such unclassified use will be similar in character and
impact to a classified use in terms of:
(1)
The generation of traffic and congestion.
(3)
The production of fumes or odors.
(4)
The production of dust or other debris.
(5)
The consistency with the intent of the district in which it
is located.
B. Where a proposed use of land or use of a building is not expressly authorized, contemplated or named by this chapter in any of the zoning districts, or where the Zoning Administrator has a question as to the appropriateness of a use that involves other features which are not expressly authorized, contemplated or specified in this chapter, the Zoning Administrator may determine that the use is unclassified. In the case of an unclassified use, an amendment to classify, permit and regulate the use may be initiated pursuant to Article
XX, Amendments. Unclassified uses may not be treated as a special land use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. Features not contemplated. Where a proposed use, while classified
in this chapter, incorporates elements, services or features that
are unusual and not contemplated in this chapter, the Planning Commission
shall evaluate such elements, services or features and determine whether
their effect is to render the use itself sufficiently unique to be
considered a separate land use. In reaching such an evaluation, the
Planning Commission shall consider any impacts on surrounding properties
that may result from such elements, services or features that are
unusual and not contemplated in this chapter. If the Planning Commission
finds that such impacts on surrounding properties will significantly
exceed those that would otherwise be expected from the classified
use, such use shall be prohibited.
D. Nothing in this §
380-12.20 shall be construed to prohibit a future amendment of this chapter pursuant to Article
XIX or
XX to provide standards to regulate a land use that may be currently excluded.
Site condominium developments shall be regulated in the same
manner as plats developed pursuant to the Land Division Act and in accord with Chapter
205, Land Division and Subdivision.
Detached single-family conservation subdivisions, as defined herein, shall conform to the provisions of Chapter
205, Land Division and Subdivision, the site plan review provisions of Article
XVI and the provisions of this section. A conservation subdivision shall be the preferred design approach for any residential subdivision in Three Oaks Township and shall be a use permitted by right in the R-1, R-2, R-3 and R-4 Zoning Districts. In the AG-RR Zoning District, a conservation subdivision may be allowed subject to the provisions of §
380-15.27.
A. Minimum open space requirement. The development density which would
normally be realized on the entire parcel shall be transferred to
the area of the parcel which is not the 50% area of the parcel, which
shall be kept as usable open space in perpetuity by conservation easement,
plat dedication, restrictive covenant, or other legal means.
B. Determining maximum number of lots. The maximum number of new lots
which may be created within the parcel shall be the same number that
would be permitted on the site under the provisions of the zoning
district. To determine this density, the applicant shall either:
(1)
Submit a conceptual plan of division of the parcel. This conceptual
plan shall contain proposed parcels, roads, rights-of-way, areas which
are not in the buildable area, and other pertinent features, in compliance
with Township ordinances and stipulations. This plan must be drawn
to scale; or
(2)
Multiply the buildable area of the parcel, as defined herein,
by 85% to account for rights-of-way, and divide the result by the
minimum parcel area in the zoning district.
C. Open space standards. Open space areas shall include irreplaceable
natural features located in the tract (such as, but not limited to,
stream beds and significant stands of trees). It is intended that
this space be for recreation or use by the lot owners within the development
and should be easily accessible to pedestrians. Such permanent open
space shall be determined through the preparation and submittal of
a detailed site analysis which shall identify native soils, water
features, wetlands, topography, vegetation, wildlife corridors, views
to water and prominent meadows from off site, steep slopes (in excess
of 20%) and other unique or aesthetic features.
(1)
Based on the site analysis, the applicant shall identify the
portion of the parcel to be maintained in the perpetually undeveloped
state, incorporating features in the following order of priority,
to the greatest extent possible:
(e)
Viewsheds to prominent meadows or woodlands.
(2)
Lands running parallel to an existing public road adjoining
the parcel to a depth of not less than 30 feet shall be included within
the preserved open lands and shall be maintained as natural woodlands.
If such lands do not include existing forest, the applicant shall
commit to a reforestation plan, sufficient to provide visual screening
to the development, within not more than 10 years.
(3)
Any portion of the open space with a least dimension of less
than 50 feet shall not be considered a part of the open space for
the purpose of determining the required 50% provided in this section.
(4)
Lands to be included within permanently dedicated open space
may not include areas containing or impacted by gas or oil wells,
personal wireless communication facilities, electrical transmission
lines or similar elements; but may include detention or retention
facilities if designed to reflect a natural wetland.
D. Application and site plan review process. A conservation subdivision shall be processed in accordance with Article
XVI, pertaining to site plan review, and Chapter
205, Land Division and Subdivision.