No parcel of land in common ownership and no yard, parking area
or other space shall be so divided, altered, or reduced as to make
such area or space of a size less than the minimum size required under
this chapter. If already less than the minimum size required under
this chapter, such area or space shall not be further divided or reduced.
A lot or parcel shall not be devoted to more than one principal
use, or contain more than one principal building, except for groups
of buildings consisting of multiple-family dwellings, office and retail
buildings and other commercial buildings, and industrial or agricultural
buildings, if such uses comply with the zone district provisions and
other applicable provisions of this chapter.
In any zoning district, a permitted use may be established on
any lawfully nonconforming lot or other parcel of land of record as
of the effective date of this chapter, or the effective date of any
amendment herein which causes the lot or other parcel of land to be
nonconforming, notwithstanding the other requirements of this chapter,
subject to the following:
A.
The required minimum front yard setback, the required minimum rear
yard building setback and the maximum building height limitation of
the zone district shall be complied with.
B.
The required minimum side yard building setback shall be 10% of the
width of the existing nonconforming lot, as measured at the front
lot line, but in any event, the required minimum side yard building
setback shall not be less than five feet.
A.
All yards abutting a public street right-of-way or private road easement shall be considered as front yards for building setback purposes, except as stated in Subsection C.
B.
In the case of a corner lot, each of the yards abutting a public
street right-of-way or private road easement shall both be considered
as front yards for building setback purposes.
C.
In the case of a lakefront parcel of land, the front yard building
setback shall be measured from the ordinary high-water mark of the
body of water.
A.
A lot or other parcel of land shall have frontage on a public street right-of-way or on a private road easement equal to at least the minimum lot width required in the zone district, except as provided in Subsection B. Farm buildings are exempt from this requirement.
B.
A lot or other parcel of land created after the effective date of this chapter shall have frontage on either a public street right-of-way or private road easement complying with Article 28 of this chapter, and such frontage shall be at least as long in distance as the minimum required lot width in the zone district, except as stated in Subsection C of this section.
C.
A lot or other parcel of land with a principal building or principal structure created after the effective date of this chapter and which does not have any frontage on either a public street right-of-way or private road easement, but is provided access by a driveway or shared driveway complying with § 450-28.11 shall comply with the following requirements:
(1)
The shortest property boundary line of a lot served by a driveway
or shared driveway shall be equal to or greater than the minimum lot
width required in the zoning district.
(2)
The shortest property boundary shall be treated as the front
lot line for purposes of application of setbacks, yards, and other
provisions of this chapter. If two or more boundary lines have the
same length, the property line first touched by the easement as it
extends from the public or private street shall be treated as the
front lot line.
(3)
In addition to the front setback required from the front lot
line as identified above, the principal building shall be set back
from the nearest right-of-way of the easement for the driveway or
shared driveway a distance at least equal to the minimum required
front setback in the district.
(4)
Farm buildings on existing lots are exempt from these requirements.
(5)
In addition to setbacks as otherwise required by this chapter,
a principal building located on a lot which is served or crossed by
an easement for a driveway shall be separated from the easement by
a distance at least equal to the minimum front setback required for
the district in which the property is located.
A.
Minimum required lot area shall be determined by measuring the entire
area within the boundaries of a parcel of land, excluding the area
of public street rights-of-way and private road easements.
B.
Lot width is the straight line distance between the side lines of
a parcel of land, measured at the front lot line. The front lot line
shall be at least as wide as required minimum lot width. Such minimum
width shall not be diminished throughout the depth of the lot.
C.
A corner lot shall have two front lot lines, one on each of the adjacent
street rights-of-way. Both of the front lot lines shall be at least
as wide as the required minimum lot width of the zone district. Such
minimum lot width shall not be diminished throughout the depths of
the lot that extend back from the two front lot lines. The rear lot
line shall be the lot line opposite the primary driveway entrance
to the lot. The remaining lot line shall be the side lot line.
D.
In the case of a lot abutting a cul-de-sac street, the minimum required
lot width shall be measured at the required minimum front yard building
setback line. Cul-de-sac lots shall have a minimum width of 40 feet
at the front lot line. For lots in the RR District which have their
entire frontage on a cul-de-sac, a minimum lot width of 175 feet shall
be achieved at a point within the lot that is no further back than
125 feet from the front lot line, and such minimum lot width shall
not be diminished throughout the further depth of the lot.
 |
A lot or other parcel of land shall have a depth that does not
exceed four times its width, except that in a planned unit development
(PUD) the PUD ordinance may require that the depth of a lot or other
parcel of land shall not exceed three times its width, or up to four
times its width.
A.
For purposes of this section, lot width shall be measured at the
front lot line, except that for a cul-de-sac lot width shall be measured
at the point at which required minimum lot width is first achieved.
The depth of a lot shall be measured from the front lot line, except
that for a cul-de-sac lot the depth shall be measured from the point
at which required minimum lot width is first achieved.
B.
In the case of a lot that has side lot lines of varying lengths,
the depth of the lot for purposes of this section shall be the average
of the lengths of the side lot lines, as measured from the front lot
line (or, for a cul-de-sac lot, as measured from the point at which
required minimum lot width is first achieved).
[Amended 7-23-2018 by Ord. No. 2018-5Z]
B.
The lot coverage of a lot or parcel of land shall not exceed the
following percentages of total lot area for each respective zone district,
as follows:
(1)
The RR Rural Residential District: 20%.
(2)
The R-2 Medium Density Residential District and the R-3 High
Density Residential District: 30%.
(3)
The R-1 Low Density Residential District, the LR Lakes Residential
District, the B-1 Neighborhood Business District, the B-2 General
Business District, the I Industrial District and Commercial and Industrial
PUD Districts: 40%.
(4)
For residential PUDs, unless the approving ordinance or resolution
makes specific lot coverage provisions for that project, maximum lot
coverage for each lot or unit shall be as provided for in the residential
zoning district with a minimum lot area which most closely corresponds
to the area of that lot or unit.
C.
Lot coverage, for purposes of this section, consists of the area
of a lot or parcel of land that is covered by the following:
(1)
Lands in the RR, R-2 and R-3 Districts: principal buildings
and accessory buildings.
(2)
Lands in the R-1, LR, B-1, B-2, I and Commercial and Industrial
PUD Districts: principal buildings; accessory buildings; hard-surfaced
driveways, parking areas and other paved and impervious surfaces;
sidewalks and hard-surfaced pathways and trails; patios and decks.
In these districts, up to an additional 10% of the lot may be covered
by a permeable surface designed to allow infiltration of at least
50% of surface runoff during a typical rain event, such as a patio
or deck with spaces between deck boards, porous asphalt, pervious
concrete, open jointed block pavers, green roof or similar construction.
A.
Certain architectural features, such as cornices, bay windows (or
windows without foundations), chimneys (attached to a building), handicap
access ramps, and similar features (but not enclosed or unenclosed
porches) may project no further than three feet into a required front
or rear setback, but may not project into a required side setback.
B.
Eaves and roof overhangs, including gutters, may project up to 24
inches into any required building setback.
A.
Farm buildings and related structures such as barns, silos, and grain
elevators shall be exempt from height regulations in all districts.
B.
Other buildings and structures shall not exceed the maximum height
limitations of the zoning district in which they are located; provided,
however, that structures appurtenant to nonresidential buildings,
including, but not limited to, parapet walls, chimneys, cooling towers,
elevator bulkheads, fire towers, stacks, elevated water towers, stage
towers, scenery lofts, monuments, cupolas, domes, spires, penthouses
housing necessary mechanical appurtenances, and HVAC or similar equipment
on the roof of the building may exceed the district height limitations
if approved by the Planning Commission in site plan review.
A.
Fences shall not be erected or maintained in any district in such
a way as to obstruct the vision of vehicle drivers within the triangular
area formed by the intersection of the street right-of-way lines and
a line connecting two points located on those intersecting right-of-way
lines 25 feet from the point of intersection with the right-of-way
lines.
 |
B.
No fence, wall, screen or any planting shall be erected or maintained
in such a way as to obstruct vision between a height of three feet
and 10 feet within the triangular area formed by the intersection
of a street right-of-way line and a driveway and a line connecting
two points, one of which is on the right-of-way line and the other
of which is on the boundary line of the driveway, with each of such
points being 15 feet from the point of intersection of the right-of-way
line and the boundary line of the driveway.
Any building, land use, or parcel of land which has been unlawfully
constructed, occupied, or created prior to the date of adoption of
this chapter shall continue to be unlawful, unless expressly permitted
by this chapter. Such buildings, uses or parcels shall not be lawful
nonconforming buildings, land uses or parcels of land under this chapter.
A.
Accessory buildings or garages shall be considered to be part of
the main building if structurally and architecturally integrated into
the main building, or if attached by an enclosed breezeway or similar
architectural device not greater than 10 feet in length.
B.
Residential accessory buildings shall be for the exclusive use of the persons residing in the dwelling on the property, or in the dwelling on adjacent property as permitted in the LR District by Subsection H below.
[Added 11-26-2018 by Ord.
No. 2018-7Z]
C.
Detached accessory buildings shall be located not closer to 10 feet
to the main building.
D.
The area of accessory buildings shall be included in the maximum
permitted lot coverage.
E.
No accessory building or accessory structure shall be located in
any front yard, or yard abutting the water on a waterfront lot, unless
it is set back at least 200 feet from the front lot line or the ordinary
high-water mark, respectively; provided, however, that on waterfront
lots in the LR District, an accessory building may be located within
the yard abutting the street if all minimum building setback requirements
for a principal building are complied with.
F.
Except as provided in Subsection I below, accessory buildings and accessory structures shall meet the minimum side and rear yard setbacks required for principal buildings.
G.
No accessory building or accessory structure shall be constructed
or occupied on a lot before the principal building or use on the lot
is constructed or occupied; provided, however, in the LR District,
one detached accessory building may be located on a lot that has no
principal building, in the following circumstances only:
(1)
If the lot is directly across a public street or private road
from a lot improved with a dwelling to which the building is accessory;
or
(2)
If the lot on which the detached accessory building is located
is adjacent to either side lot line of a lot directly across a public
or private street from a lot improved with a dwelling to which the
building is accessory.
H.
In the circumstances described in this subsection as to accessory
buildings in the LR District on lots that have no principal building,
not more than one detached accessory building may be located on an
unimproved lot across a public or private street, as described above.
The lot upon which the accessory building is constructed and the improved
lot to which it is accessory shall be held in common ownership. A
restrictive covenant confirming such common ownership and prohibiting
the separate conveyance of either lot shall be recorded with the Kent
County Register of Deeds prior to the issuance of a building permit
or installation of any accessory building.
I.
On nonwaterfront lots in the R-1, R-2, R-3 and LR Districts, an accessory
building or accessory structure which is equal to or less than 100
square feet in area and equal to or less than 10 feet in height may
be located in a rear yard as near as five feet from the side and rear
lot lines; provided, however, that if the rear lot line of the parcel
of land on which the accessory building or accessory structure is
located is also the side lot line of the adjacent parcel, then the
accessory building or accessory structure shall be set back the same
distance from the rear lot line as the required side yard setback
for a principal building.
J.
In the R-1, R-2, R-3, LR and PUD Districts, the total aggregate area
of all accessory buildings on a lot or parcel shall be limited in
floor area as follows:
(1)
Size of accessory buildings dependent on size of lot area.
|
Lot Area
(square feet)
|
Permitted Accessory Building Size
(square feet)
|
|---|---|
|
30,000 or less
|
Maximum 576
|
|
Greater than 30,000
|
Maximum 1,200
|
(2)
For lots greater than 30,000 square feet, accessory buildings
with an aggregate area larger than 1,200 square feet may be permitted
by the Planning Commission as a special land use if the Planning Commission
determines there would be no significant adverse effects upon adjacent
or nearby lands and if the Planning Commission determines that the
area, height and bulk of the accessory building would not seriously
compromise the residential character of the lot or adjacent or nearby
lands. If an applicant desires to obtain approval for an accessory
building with an aggregate area larger than 1,200 square feet in the
PUD District, such application can be considered and acted upon as
a part of the planned unit development review and approval process,
and in such cases an application for the special land use approval
shall not be required.
K.
Accessory buildings and structures in planned unit developments shall be subject to the same requirements as in the residential districts, except that Subsection I shall apply only to those lots with a lot area less than 30,000 square feet unless the planned unit development ordinance specifically provides otherwise. Accessory buildings with an aggregate area larger than 1,200 square feet in area may be considered and approved in accordance with Subsection J(2) of this section.
L.
Buildings and structures used in active commercial agricultural operations
are not considered accessory buildings and shall not be subject to
this section, except that no buildings or structures shall be located
within a required yard, and any building greater than 1,200 square
feet in area shall be located at least 50 feet from any rear or side
lot line.
M.
Swing sets, playground equipment, garden trellises, and similar aboveground
yard equipment accessory to a residential use shall be exempt from
the provisions of this section, except for height limitations, or
unless specific provision is made for such equipment by other Township
ordinance; provided, however, that a swing set, playground equipment
or similar children's play structure located within a yard abutting
the water on a waterfront lot shall be subject to the following:
(1)
A zoning permit shall be required.
(2)
There shall be no portion of the structure that is enclosed
for the purpose of storage.
(3)
There shall be no platform or deck that creates a horizontal
impervious surface greater than 50 square feet.
(4)
A roof, if any, shall not exceed 20 square feet in area.
(5)
There shall not be any portion of the structure enclosed by
walls, other than knee-high walls or railings which shall be no more
than 40% opaque and no higher than above grade or above the platform
surface than the minimum required by the applicable code for child
safety.
(6)
The swing set, playground equipment or similar children's play
structure shall be set back at least 20 feet from the water's edge
or the ordinary high-water mark, whichever is closer to the principal
building, and at least 10 feet from any side lot line. The structure
shall be no less than 10 feet from the principal building.
All dwelling units located outside of manufactured housing communities
shall comply with the following requirements:
A.
All dwelling units shall provide a minimum height between the interior
floor and ceiling of 7 1/2 feet or, if a manufactured home, it
shall meet the requirements of the United States Department of Housing
and Urban Development regulations entitled "Mobile Home Construction
and Safety Standards," effective June 15, 1976, as amended.[1]
[1]
Editor's Note: See 24 CFR 3280.1 et seq.
B.
The minimum width of any single-family dwelling unit shall be 24
feet for at least 67% of its length, measured between the exterior
part of the walls having the greatest length.
C.
All dwellings without basements shall provide a crawl space below
the entire floor of the dwelling four feet in depth, with a vapor
barrier consisting of two inches of concrete on the floor of the crawl
space. The crawl space shall also be provided with adequate drains
to drain any accumulation of water in the crawl space. The Building
Inspector may allow an alternative building plan to be utilized if
consistent with the approved construction code of the Township.
D.
All dwellings shall be firmly attached to the foundation so as to
be watertight as required by the construction code[2] adopted by the Township or, if a manufactured home, shall
be anchored to the foundation by an anchor system designed and constructed
in compliance with the United States Department of Housing and Urban
Development Regulations entitled "Mobile Home Construction and Safety
Standards."[3]
E.
The wheels, pulling mechanism, and tongue of any manufactured home
shall be removed prior to placement on a foundation.
F.
All dwellings shall be connected to a sanitary sewer system and water
supply system approved by the Township and the County Health Department.
G.
All dwellings shall provide steps or porch areas, permanently attached
to the foundation, where there exists an elevation differential of
more than one foot between any door and the surrounding grade. All
dwellings shall provide a minimum of two points of ingress and egress.
H.
All additions to dwellings shall meet all the requirements of this
chapter.
I.
All dwellings shall be aesthetically compatible in design and appearance
with other residences in the vicinity, with either a roof overhang
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 sides of the dwellings. The compatibility of design and
appearance shall be determined in the first instance by the Building
Inspector upon review of the plans submitted for a particular dwelling.
An appeal by an aggrieved party may be taken to the Zoning Board of
Appeals. Any determination of compatibility shall be based upon the
standards set forth in this section as well as the character, design
and appearance of residential dwellings located outside of manufactured
home communities within 500 feet of the subject dwelling. The foregoing
shall not be construed to prohibit innovative design concepts involving
such matters as solar energy, view, unique land contour, or relief
from the common or standard designed home.
J.
Prior to issuance of a building permit for any dwelling unit, construction
plans, including a plot plan adequate to illustrate compliance with
the requirements of this chapter, shall be submitted to the Building
Inspector. If the dwelling unit is a manufactured home, there shall
also be submitted adequate evidence to assure that the dwelling complies
with the standards applicable to manufactured homes set forth in this
section.
K.
All manufactured homes shall meet the standards for manufactured
home construction contained in the United States Department of Housing
and Urban Development regulations entitled "Mobile Home Construction
and Safety Standards," effective June 15, 1976, as amended. All other
dwellings shall meet the requirements of the construction code adopted
by the Township.[4]
L.
A minimum of 100 square feet of enclosed storage space, excluding
closets, shall be provided for each dwelling. Said enclosed storage
space may consist of a basement, garage, shed or other structure approved
by the Zoning Administrator.
No cabin, garage, basement, tent, recreational vehicle, or other
temporary structure shall be used in whole or in part for dwelling
purposes in any district; provided a manufactured home may be used
as a temporary dwelling for a period not to exceed six months upon
application to and approval of a permit for such occupancy by the
Zoning Administrator upon determination that the following conditions
exist and are met:
A.
The permanent dwelling of the resident applicant has become uninhabitable
due to damage caused by fire, wind or other natural calamity or emergency.
B.
Due to undue hardship, the applicant is unable to obtain another
dwelling unit as a temporary residence.
C.
The structure is constructed so as to meet the minimum requirements
for the health, safety and welfare of the occupants and the surrounding
neighborhood.
D.
The temporary dwelling shall be served by sanitary sewer and potable
water, approved by the Township and Kent County Health Department.
The use of any basement for dwelling purposes is prohibited
in any zoning district, unless the basement complies with applicable
provisions of the Township construction code.[1] Buildings erected as garages or accessory buildings shall
not be occupied for dwelling purposes.
A.
Prior to the establishment of a home occupation, the owner of the
property involved and the operator of the proposed home occupation
shall sign a letter agreement, in a form provided by the Zoning Administrator,
acknowledging that the minimum conditions of this section apply to
the proposed home occupation and that all of such conditions will
be complied with, and if they are not, the permit for the home occupation
will be subject to revocation.
(1)
Upon receiving the signed letter agreement in satisfactory form
and content, and if the Zoning Administrator determines that the home
occupation would comply with the terms of this chapter, the Administrator
shall then issue a home occupation permit, which may include conditions
consistent with this section and other applicable provisions of this
chapter. If the Administrator determines that the proposed occupation
would not comply with this section or that it does not qualify as
a home occupation under the terms of this chapter, the Administrator
shall deny the home occupation permit, and provide, in writing, the
reasons for such denial.
(2)
In the Administrator's discretion, the request for the proposed
home occupation may be referred to the Planning Commission for review
and decision in accordance with this section and other applicable
provisions of this chapter.
B.
The home occupation shall be conducted entirely within the dwelling,
with the following exception(s):
(1)
The use may be conducted entirely within a dwelling, garage
or accessory building unattached to the dwelling in property zoned
in the RR District as long as the use is not prohibited in a planned
unit development ordinance, recorded deed restrictions or other similar
applicable recorded restrictions upon the parcel.
(2)
Any dwelling, garage or accessory building used in the home
occupation shall comply with all other applicable Township ordinances
and requirements.
C.
The use shall be conducted entirely within the dwelling, or in a permitted accessory building in the RR District, subject to Subsection B(1) above. It shall be carried on only by the residents of the dwelling and not more than one other person.
D.
The use of the dwelling for a home occupation shall be clearly accessory,
incidental and subordinate to the permitted principal residential
use, and shall not utilize more than 20% of the floor area of the
principal building.
E.
The appearance of the dwelling shall not be altered, nor shall the
occupation within the dwelling be conducted in any manner that would
cause the premises to differ from its residential character either
by the use of colors, materials, construction, lighting or the emission
of sounds, vibrations or light that carry beyond the premises.
F.
There shall be no selling of goods, merchandise, supplies or products,
except on an occasional basis, provided that orders previously made
by telephone or at a sales event off the premises may be filled on
the premises.
G.
No outdoor storage or display shall be permitted.
H.
No combustible, toxic or hazardous materials may be used or stored
on the premises, except in a safe manner and in full compliance with
all federal, state and other governmental requirements concerning
the use, handling, transport, storage and disposal of any such materials.
I.
There shall be no activity that would interfere with radio or television
transmission in the area, nor shall there be any offensive noise,
vibrations, smoke, dust, odors, heat or glare noticeable at or beyond
the property line.
J.
Traffic generated by the combined home and home occupation shall
be compatible with traffic normally expected in a residential district,
and shall in no case be greater than 20 vehicle trips per day (10
in and 10 out).
K.
The parking of motor vehicles resulting from the operation of the home occupation, on the parcel of land where the home occupation is located, shall be limited to not more than one commercial vehicle. Such parking generated by the operation of the home occupation shall be provided for on the driveway of the parcel of land. The driveway shall comply with the minimum size requirements for an off-street parking space stated in § 450-27.06. The parking of motor vehicles resulting from the conducting of the home occupation shall not be permitted on the adjacent street or in any yard of the parcel of land.
L.
There shall be no deliveries from commercial suppliers, other than
on an occasional or incidental basis.
M.
No sign identifying the home occupation shall be displayed.
A.
The natural grade upon which a building is to be constructed shall
not be altered in such a manner as to cause change in existing runoff
volume or patterns, excessive sedimentation, or other adverse effects
on neighboring properties, bodies of water, or public ways. Any alteration
to natural grade in excess of 24 inches shall be subject to review
and approval of the Township Building Inspector, in consultation with
the Township Engineer and Zoning Administrator as appropriate, to
determine whether such adverse effects will result. If maintenance
of a specific grade level was expressly required by an approval for
a planned unit development, site condominium, subdivision, special
land use, site plan, variance or other land use approval, the grade
shall not be altered except in compliance with the provisions of this
chapter for amendment of such approval.
B.
Grading or clearing vegetation for the purpose of preparing a lot
or parcel for building construction shall not be permitted prior to
receipt of a building permit for construction of a principal use on
the property.
The construction, maintenance, or existence within the Township
of any unprotected, unbarricaded, open, or dangerous excavations,
holes, pits, or wells, which constitute or are likely to constitute
a danger or menace to the public health, safety, or welfare, is hereby
prohibited; provided, however, that this section shall not apply to
the following:
A.
Any excavation approved under a permit issued by the Building Inspector
where such excavations are properly protected and warning signs posted
in such manner as approved by the Building Inspector.
C.
Streams, natural bodies of water, ditches, reservoirs, and other
bodies of water naturally created or existing by authority of governmental
units or agencies.
A.
Ordinary household pets, such as dogs and cats and other animals
customarily kept as pets, are permitted in the Township subject to
other provisions of this chapter, other Township ordinances, and applicable
law.
B.
Livestock such as, but not limited to, horses, cattle, goats, pigs,
sheep, llamas and buffalo are permitted in the RR District, on parcels
of two acres or more. Horses are permitted in the R-1 District on
parcels of 2 1/2 acres or more. On parcels of 10 acres or less
in the RR District and the R-1 District, the number of such permitted
animals shall not exceed one animal for each acre.
[Amended 11-26-2018 by Ord. No. 2018-7Z]
A.
It shall be unlawful for any person to park or cause to be parked
any mobile home or recreational vehicle on any street, alley, highway
or other public place in the Township for a period of more than two
hours.
B.
No mobile home or recreational vehicle, regardless of where located,
shall be used as a dwelling. This shall not prohibit the temporary
occupancy for periods of up to 48 hours of a recreational vehicle
if the recreational vehicle contains sleeping accommodations, is parked
on a lot in a residential district, and is for the use of the owner
of that lot or guests of the owner.
C.
All recreational vehicles shall be stored either within a permanent
building completely enclosed with walls and door, or outside, no closer
to five feet to any side or rear lot line, and, except for watercraft
in the LR District, not within the required front setback. In the
LR District, watercraft may be stored in the required setback on the
lake side of the principal building.
D.
Not more than three recreational vehicles may be stored outside of
a permanent building completely enclosed with walls and door, within
the outside areas permitted by this section. In the LR District, storage
of one additional boat or watercraft is permitted. Multiple recreational
vehicles in or on a single trailer are counted as one recreational
vehicle for this purpose. Additional unpowered canoes, kayaks or paddleboards
may be stored outdoors in permitted locations.
A.
The carrying out of repair, restoration and maintenance procedures
or projects on motor vehicles in any residential district, when such
work is not conducted entirely within the interior of a building,
shall be subject to the following requirements:
(1)
Procedures or projects exceeding 48 hours in duration or which
require the vehicle to be immobile or inoperable in excess of 48 hours
shall be carried out only within a garage. Only one such period of
vehicle repair requiring more than 48 hours shall be permitted within
a single thirty-day period.
(2)
Inoperable or unlicensed vehicles and vehicle parts shall be
stored inside a building.
B.
It shall be unlawful for the owner, tenant or lessee of any lands
within the Township to permit the open storage or parking of any inoperable
motor vehicle, machinery or equipment, or parts thereof, outside of
an enclosed garage or enclosed building for a period of more than
48 hours unless the registered owner of the vehicle has secured a
permit from the Zoning Administrator to extend the period for up to
one additional week. An inoperable motor vehicle for purposes of this
subsection shall include a motor vehicle which by reason of dismantling,
disrepair or other cause is incapable of being propelled under its
own power, or which is not permitted to be operated on the streets
and highways because of noncompliance with the Michigan Motor Vehicle
Code,[1] or because the vehicle is not currently licensed or registered,
as required for operation by the Motor Vehicle Code.
[1]
Editor's Note: See MCL 257.1 et seq.
C.
It shall be unlawful for the owner, tenant or lessee of any lot in
a residential district to permit the open storage or parking outside
of a building of semitruck tractors and/or semitruck trailers, bulldozers,
earth carriers, cranes or any other similar equipment or machinery,
unless parked solely for purpose of construction being conducted on
that lot.
D.
In the RR District it shall be unlawful for the owner, tenant or
lessee of any lot to permit the open storage or parking outside of
a building of semitruck tractors and/or semitruck trailers for more
than 20 days of any thirty-day period. Such vehicles shall be parked
so as to not block the vision of drivers on or entering any adjacent
street.
The installation and maintenance of essential service equipment
is permitted in all zone districts.
A.
No permit shall be issued for the construction of a building or structure
which is to have drinking water and/or sanitary facilities located
therein and which is to be located on a lot which is not served by
both public water and sewer facilities if its water and/or sewage
disposal facilities, as the case may be, does not comply with the
rules and regulations of the State and County Health Departments governing
waste and sewage disposal.
B.
No permit shall be issued for the construction of a building with
sanitary facilities and not served by public sewer, unless there has
been obtained from the County Health Department and submitted to the
Township a permit for two separate locations for private drain field
or other private sewage disposal facility on such lot or parcel.
C.
No building or structure shall be erected, constructed or placed
on any designated location for a private drain field or other private
sewage disposal facility.
Lots abutting or containing a lake, river or stream shall comply
with the following regulations:
A.
The lot width on the street side shall be the minimum width required
for the zoning district in which the lot is located.
B.
A lot shall be a minimum of 70 feet wide, measured at the ordinary
high-water mark between the side lot lines, except for lots in the
LR District that were legally established on or prior to January 8,
1996.
C.
Waterfront lots shall have the front yard on the water side and the
rear yard on the street side. The front yard on the water side shall
be the area between the ordinary high-water mark and the nearest wall
of the principal building. The rear yard on the street side shall
be the area between the street right-of-way line and the nearest wall
of the principal or accessory building.
A.
The purpose of this section is to encourage, protect, and preserve
the use of lakes and streams for recreational activities, such as
boating, fishing, and swimming; to prevent overuse, overcrowding,
and misuse of these water resources; to protect and preserve the quality
of these waters from pollution and to otherwise protect the health,
safety, and welfare of persons using these lakes and streams.
B.
This section is subject to the provisions of Chapter 126, Boat Launching and Docking, of the Code of the Township of Cannon, to the extent that such chapter pertains to lakes. If any provision of this section is contrary to or inconsistent with those provisions of Chapter 126, Boat Launching and Docking, with respect to lakes, the latter chapter shall control.
D.
No dock for boat use shall be located, utilized or placed within seven feet of the side lot lines of a lot or parcel as extended to the center of the lake or body of water, except that off-shore marine storage devices may be located within two feet of a side lot line as so extended to the center of the lake or body of water. No watercraft shall be launched, stored, moored or docked within two feet of the side lot lines of a property as extended to the center of the lake or body of water, except certain common docks as described and regulated in § 126-23 of Chapter 126, Boat Launching and Docking.
E.
In all zoning districts there shall be at least 70 feet of lake frontage,
as measured along the ordinary high-water mark of the lake, for each
dwelling unit, single-family dwelling, cottage, condominium unit,
site condominium unit, or apartment unit utilizing or accessing the
lake frontage. This restriction shall apply to all lots and parcels
on or abutting any lake in any zoning district, regardless of whether
access to the lake shall be by easement, park, common-fee ownership,
single-fee ownership, condominium arrangement, license or lease. This
paragraph shall not apply, however, to Lake Bella Vista or North Lake
Bella Vista, in that the current use of those lakes attributable to
nonfrontage lands is considered a lawful nonconforming use under the
terms of this chapter.
A.
Fences in any residential district shall not exceed six feet in height,
measured from the natural grade at the base of the fence to the top
of the fence.
B.
Fences erected within the required front yard in any residential
district, except the LR District, shall not exceed four feet in height.
This shall apply to each front yard of a corner lot.
C.
In the LR District, a fence up to four feet in height may be erected
within the required rear yard on the street side. Within the front
yard (water side), no fence shall be erected within 20 feet of the
ordinary high-water mark and no fence in the remaining required front
(water side) yard shall exceed a height of three feet.
D.
Fences shall not be erected within any public street right-of-way
or private road easement.
E.
In the residential districts, if both sides of the fence are not
identical, the finished side shall face the adjoining properties.
F.
Chain-link fences shall not be erected in any front yard within a
residential district, unless for the purpose of enclosing a retention
or detention pond that has been approved by the Planning Commission.
G.
No barbed wire or aboveground electrified fence shall be located
in any residential district, except for the purpose of enclosing crops,
orchards, pastures, or similar land included in a bona fide farm.
H.
A non-sight-obscuring security fence up to eight feet high may be
permitted around the perimeter of an essential public service building,
essential public service storage yard, towers, and outdoor storage
areas in the B-2 General Business District or the I Industrial District.
The security fence may include a maximum of one additional foot of
barbed wire.
One flagpole, not exceeding a height of 35 feet above average
grade, may be erected per lot or parcel. The flagpole shall be set
back at least 20 feet from all property lines. For flagpoles on nonresidential
property, all flags, ropes, or other devices and accessories related
thereto shall be fastened only to the flagpole; no part of any flag,
rope, or other flagpole device or accessory shall be fastened to the
ground or a building or any place other than the flagpole itself.
Freestanding radio, television or microwave antennas or towers
(including satellite dish antennas) are permitted in all zoning districts,
provided the following provisions are satisfied, unless specifically
exempted. Conventional VHF and UHF television antennas and satellite
dishes less than one meter in diameter shall be exempt from the regulations
of this section, provided the equipment is not located in the front
yard or on any portion of the building facing the front lot line.
A.
No freestanding antenna shall exceed a height of 30 feet above grade, or have any dimension exceeding 30 feet, including its mounting structure, except that freestanding antennas or towers exceeding such height or other dimension may be permitted by the Planning Commission as a special land use under Article 23.
B.
No portion of an antenna or tower shall display any name, symbol,
words, letters, advertising message, graphic representation or other
written or pictorial matter visible from adjacent or nearby lands.
C.
All antennas and towers shall be permanently secured to a stable
foundation.
D.
An antenna or tower shall be located only in the rear yard or the
side yard and shall not be closer to a property line than its height
or the depth of the required rear or side yard setback, whichever
is the greater.
E.
For purposes of determining whether a proposed antenna or tower complies
with the setback requirements of a district, the dimensions of the
entire lot or parcel of land shall control, even though the antenna
or tower may be located on leased parcels within such lot or parcel.
(1)
If an antenna or tower is to be placed on a vacant lot or parcel,
the location and setbacks of the antenna or tower shall be determined
by the Zoning Administrator.
(2)
Lots or parcels on which an antenna or tower is the principal
use need not satisfy the minimum street frontage or the minimum lot
area requirements of this chapter.
F.
An antenna or tower may be mounted on the roof of a principal or
accessory building, provided it shall not exceed a height of 10 feet,
as measured from the roof at the base of the antenna or tower.
G.
All antennas and towers must be grounded to protect against damage
from lightning.
H.
An antenna or tower shall not be so located or constructed as to
have a serious adverse effect on adjacent or nearby land uses.
I.
An antenna or tower shall not be illuminated by artificial means
and shall not display strobe lights unless specifically required by
the Federal Aviation Administration or other state or federal authority
having jurisdiction over the antenna or tower. If lighting is required,
the lighting as installed shall cause only the least possible disturbance
to surrounding land uses and shall not exceed FAA minimum standards.
J.
Antennas and towers for commercial communications services, including cellular telephone antennas and towers, shall be approved only as special land uses under the terms of Article 23, Special Land Uses.
K.
The provisions of this section shall apply to towers and antennas
owned and operated by a federally licensed amateur operator and used
solely for amateur radio communications purposes, but shall not be
applied so as to preclude the construction and operation of an antenna
or tower for amateur radio communications purposes. If the provisions
of this section prohibit the construction of a particular amateur
radio communications antenna or tower, then the Township shall seek
to reasonably accommodate the proposed operator's desire to conduct
amateur radio communications by considering other feasible designs,
locations, methods of accessing repeater systems or the use of existing
structures as an alternative to the operator's desired amateur radio
communications antenna or tower.
A.
Purpose. A wind energy conversion system (WECS) shall be permitted
only in accordance with the provisions of this section.
B.
ON-SITE SERVICE WECS
WECS HEIGHT
WIND ENERGY CONVERSION SYSTEM (WECS)
(1)
(2)
(3)
(4)
(5)
Definitions. The following words and phrases in this section shall
have the meanings stated respectively below.
A single WECS placed upon a lot or parcel with the intent
to service the energy needs of only the structures and uses on the
same lot or parcel.
The distance between the ground (at normal grade) and the
highest point of a WECS, as measured from the ground (at normal grade)
to the highest point of the WECS (being the tip of the blade, when
the blade is in the full vertical position).
The equipment, structures, land area and other components
designed and operated for the purpose of converting wind energy into
electrical energy and consisting of the following:
A surface area (typically a blade, rotor, or similar device),
either variable or fixed, for utilizing the wind for electrical power;
A shaft, gearing, belt, or coupling utilized to convert the
rotation of the surface area into a form suitable for driving a generator,
alternator, or other electricity-producing device;
The generator, alternator, or other device to convert the mechanical
energy of the surface area into electrical energy, housed in a nacelle;
The tower, pylon, building mount or other structure upon which
any, all, or some combination of the above are mounted; and
Other components not listed above but associated with the normal
construction, operation, and maintenance of a WECS.
C.
On-site service WECS general requirements.
(1)
An on-site service WECS shall be permitted in the RR Rural Residential/Agriculture
District, the B-1 Neighborhood Business District, the B-2 General
Business District and the I Industrial District, subject to the requirements
of this section.
(3)
The wind rating of the WECS turbine shall not be greater than
50 kwh.
(4)
The WECS shall provide energy only to the property where the
tower is located and must be owned by the owner of the property upon
which the WECS is placed.
(5)
No sound attributed to the WECS in excess of 55 dB(A) shall
be discernible at the property line.
(6)
There shall be no signs on the WECS other than the name of the
manufacturer, which may be affixed only to the nacelle.
(7)
The WECS shall be painted in a neutral color, such as gray or
light blue, to blend into the background.
(8)
Each WECS shall also comply with all applicable federal, State
of Michigan, and county requirements, in addition to Township ordinances.
(9)
A WECS shall be removed when the device or equipment is no longer
operating or when it has been abandoned.
(10)
A WECS shall not be installed in any location where its proximity
to existing fixed broadcast, retransmission or reception antenna for
radio, television or wireless telephone or personal communications
systems would produce electromagnetic interference with signal transmission
or reception.
D.
Ground-mounted on-site service WECS.
(1)
Lots accommodating a WECS in the RR Rural Residential/Agriculture
District and the B-1 Neighborhood Business District and the B-2 General
Business District shall be a minimum two acres if the WECS height
does not exceed 60 feet, and five acres if the WECS height exceeds
60 feet.
(2)
In the I Industrial District, the minimum lot area shall be
one acre.
(3)
The diameter of the rotor shall not be greater than 50 feet.
(4)
The WECS height shall not exceed 130 feet.
(5)
The minimum rotor blade tip clearance from grade shall be 20
feet.
(6)
The tower used to support a WECS shall be adequately anchored,
as certified by an engineer.
(7)
The setback for placement of a WECS shall be at least equal
to 1.5 times the WECS height. No part of a single WECS (including
guy wire anchors) shall be located within or above any required setback.
E.
Building-mounted on-site service WECS.
(1)
Minimum lot area shall be one acre.
(2)
The diameter of the rotor shall not exceed 20 feet.
(3)
The WECS height shall not exceed the maximum height for principal
buildings in the zone district, plus 25 feet.
(4)
The WECS shall be set back from adjoining property lines a distance
equal to 1.5 times the height of the WECS. The setback shall be measured
from the property line to the closest extension of the rotor when
horizontal and perpendicular to the property line.
Every land use shall be so conducted and operated that it does
not create a nuisance and so that it does not result in serious adverse
effects on other lands and uses by reason of heat, light, glare, fumes,
dust, odor, noise, vibration or other adverse effects.
It shall be unlawful for any person to accumulate, place, store,
or allow or permit the accumulation, placement or storage of trash,
litter or junk on premises in the Township, except in a lawful sanitary
landfill, a lawful junkyard, or not to exceed eight days storage in
watertight storage receptacles designed for the temporary accumulation
of trash. Waste receptacles shall not be left unattended in the front
yard (or on the street side of a lakefront lot) longer than a period
of 48 hours, unless they are kept or enclosed in a permanent receptacle
designed to prevent disturbance of such receptacles by animals or
severe weather conditions.
As a condition of approval of land development, the Township
may require that on-site septic systems be pumped at a regular interval
for the purpose of preservation of ground and surface water, and promotion
of public health and welfare.
A.
If pumping of septic tanks is required, they shall be pumped every four years, except as stated in Subsection C.
B.
Such septic tank pumping, if required, shall apply to all land developments,
including planned unit developments, cluster developments, site condominiums,
subdivisions, special land uses, and land uses approved by site plan
review.
C.
In those situations in which septic tank pumping is a condition of
approval, the approving body may require an interval different from
four years, based upon conditions in the area and upon an express
finding which specifically overrides the uniform septic tank pumping
interval specified in this section.
A.
An accessory dwelling unit is an attached or detached dwelling that
is subordinate to a principal use consisting of a single-family detached
dwelling located on the same lot or parcel as the accessory dwelling
unit. The dwelling unit may contain sleeping quarters, a bathroom,
living area and a kitchen.
B.
An accessory dwelling unit may be located only in the RR District.
Only one such dwelling unit shall be permitted on a parcel of land.
The dwelling unit shall not have an address separate from that of
the principal dwelling on the property.
C.
An accessory dwelling unit shall be used only for a residential use
that is accessory to the principal dwelling on the parcel, such as
a dwelling for guests of the residents of the principal dwelling,
a dwelling unit for an elderly family member or for other residential
accessory use.
D.
An accessory dwelling unit shall be permitted only on a lot or parcel
with an area of at least four acres. It shall comply with all setback
requirements applicable to a principal dwelling.
E.
The accessory dwelling unit shall be at least 500 square feet in
area; but no larger than 35% of the usable floor area of the principal
dwelling or 1,500 square feet, whichever is less. Space within a garage
which is in the same building as the accessory building shall not
be counted against the maximum area limitation for an accessory dwelling
unit.
F.
The accessory dwelling unit, if attached, shall be designed as an
independent housekeeping unit that can be isolated from the principal
dwelling space.
G.
Approval of on-site septic and well systems by the Kent County Health
Department shall be required. The accessory dwelling unit shall not
have a separate mailing address, or, except as provided below, separate
meters for public utilities, such as electric and gas. Separate meters
for public utilities may be permitted by the Planning Commission,
or by the Zoning Administrator after approval of the request, if separate
metering is required by code, ordinance, or policy of the utility.
If separate meters are provided, the owner shall be the customer and
responsible party for both billings.
H.
At least one parking space shall be provided for the accessory dwelling
unit, and vehicular access shall be from the driveway serving the
principal dwelling.
I.
A detached accessory dwelling unit shall meet all requirements of § 450-3.14; provided, however, that the minimum width may be reduced to 20 feet for 67% of its length.
J.
The accessory dwelling unit shall have a residential appearance consistent
with the design and the exterior materials of the principal dwelling.
K.
The applicant and property owner shall prepare a restrictive covenant
or another legal instrument, subject to the approval of the Zoning
Administrator, whereby the use of the accessory dwelling unit shall
be limited as stated in this section. The instrument shall be recorded
with the county register of deeds. The instrument shall include substantially
the following:
(1)
A statement that the principal dwelling and the accessory dwelling
unit shall remain in the same ownership.
(2)
A statement that the accessory dwelling unit shall not be used
as a rental dwelling or for other commercial purpose.
(3)
Other restrictions may be required by the Zoning Administrator
to be included in the restrictive covenant or similar instrument,
consistent with the provisions hereof.
If a principal dwelling or other principal building is demolished
and removed, or, if in the case of an approved land division, a former
accessory building remains on the parcel of land, in the absence of
a principal building, the Zoning Administrator may permit the former
accessory building to remain on the land temporarily, during the period
of construction of a new dwelling or other new principal building,
upon the condition that the property owner deposits into a Township
escrow account that sum of money estimated by the Township Building
Official to fund the cost of demolition of the former accessory building,
in the event that a new principal dwelling or other new principal
building is not constructed and completed and approved for occupancy
by the date specified in an escrow agreement to be signed by the property
owner, in a form and content satisfactory to the Township. The escrow
agreement shall also grant to the Township and to its agents and contractors
the right to enter the land, and demolish and remove the former accessory
building if the conditions of the escrow agreement have not been satisfied,
including the timely construction of a new dwelling or other new principal
building as stated above.
