A.
Each residential lot shall be allowed no more than
one private garage, either attached or detached, and one accessory
building.
[Amended 10-20-2003 by Ord. No. 280; 12-20-2010 by Ord. No. 305]
(1)
In addition, one gazebo may be erected on each residential
lot subject to the following conditions:
(a)
The maximum height of such gazebo shall be no
greater than 14 feet measured to the peak of the roof when such structure
is attached directly to the ground and no more than 12 feet when mounted
upon a deck, patio, terrace or other such structure. Height shall
be measured from the average grade along the building face opposite
and generally parallel to the river or canal frontage.
(b)
The maximum diameter or width of the structure
shall be no greater than 13 feet, not to exceed 170 square feet.
(c)
Railings shall be no greater than 36 inches
above the surface of the deck and must encircle the entire gazebo
except for doorway openings. No more than two doorway openings may
be provided.
(d)
The surface of the deck shall be no greater
than 10 inches above grade.
(e)
Storage shall not be permitted.
(2)
Review and approval of gazebos in accordance with
the above standards shall be the purview of the Building Official.
The Zoning Board of Appeals (ZBA) may grant an exception to allow
the approval of a gazebo that does not meet the minimum requirements
outlined above. In its review of a request to construct such a gazebo,
the ZBA may impose restrictions to height, location, area, and other
standards to assure that the building does not negatively impact adjacent
properties.
 |
B.
Where the accessory building or use is structurally
attached to a main building, it shall be subject to and must conform
to all regulations of this chapter applicable to main buildings, unless
otherwise provided.
C.
Attached residential garages. In no instance shall
an attached garage exceed 1,200 square feet.
[Amended 10-20-2003 by Ord. No. 280; 12-20-2010 by Ord. No. 305]
D.
Accessory buildings shall not be constructed as habitable
space, nor shall they be occupied.
E.
Exterior access to second story or loft areas shall
not be permitted.
F.
Detached accessory buildings, including detached private
garages.
[Amended 12-20-2010 by Ord. No. 305; 11-15-2021 by Ord. No. 323]
(1)
The floor area of each detached accessory building
shall not exceed the following:
|
Zoning Lot Size
(square feet)
|
Accessory Buildings
(square feet)
| |
|---|---|---|
|
Up to 21,780
|
60% of the total lot size or 1,200 square feet,
whichever is less
| |
|
More than 1/2 acre up to 2 acres
|
1,600
| |
|
More than 2 acres up to 5 acres
|
2,000
| |
|
More than 5 acres up to 10 acres
|
2,500
| |
|
More than 10 acres
|
4,500
|
(2)
Accessory buildings are subject to the restrictions of 480 Attachment 1:1, Schedule of Regulations.
G.
Height restrictions.
(1)
No detached accessory building in R-1, R-2, R-3, RM-1,
RM-2, LB, GB, IRO, OS-1, MC or P-1 Districts shall exceed 15 feet
in height, except as otherwise provided.
[Amended 7-17-2000 by Ord. No. 268; 1-7-2013 by Ord. No.
308]
(2)
In R-1, R-2 and R-3 Districts, if the roof ridge of
the main building is less than 15 feet, the roof ridge of the detached
accessory structure shall not exceed the height of the main building.
[Amended 7-17-2000 by Ord. No. 268]
(3)
Accessory buildings in I-1 and I-2 Districts may be
constructed to equal the permitted maximum height of structures in
said districts subject to Board of Appeals review and approval.
H.
Location on lot.
(2)
No detached accessory building may be located closer
than three feet to any side or rear lot line except as otherwise provided
for herein. Setbacks to property lines shall be increased one additional
foot for each one foot an accessory building parallel to a lot line
exceeds 40 feet in length, and/or taller than the fifteen-foot allowable
mean height adjacent to the said property line.
[Amended 11-15-2021 by Ord. No. 323]
(3)
Corner lots.
(a)
When an accessory building is located on a corner
lot, the side lot line of which is substantially a continuation of
the front lot line of the lot to its rear, said building shall not
project beyond the front yard line required of the lot in rear of
such corner lot.
(b)
When an accessory building is located on a corner
lot, the side lot line of which is substantially a continuation of
the side lot line of the lot to its rear, said building shall not
project beyond the required side yard setback of the lot in the rear
of such corner lot.
(4)
Accessory buildings shall not be erected in any minimum side yard setback nor in any front yard. This requirement is subject to the exception for lots having water frontage as set forth in Article 16, Schedule of Regulations, and § 480-80, Lots having river and canal frontage.
[Amended 10-20-2003 by Ord. No. 280]
(5)
In no instance shall an accessory building be located
within a dedicated easement or right-of-way.
I.
Farm buildings.
(1)
Barns, silos and other accessory buildings essential
to the operation of a bona fide farm are subject to the setbacks for
a main building, except as otherwise provided in this chapter as related
to specified uses. Such buildings are considered principal permitted
use buildings on any properties directly associated with the farm.
(2)
Farm buildings shall also be exempt from size and
height limitations imposed upon accessory buildings.
(3)
Nothing, however, is stated or implied in exemptions
for farm buildings which permits their use for any residential, commercial,
and/or industrial uses which are not accessory in nature.
J.
Any accessory building in any residential, business,
or office district shall be used only for the storage of motor vehicles,
lawn equipment, or other materials or equipment commonly accepted
as accessory to the principal use permitted.
K.
Trailer coach (mobile home) parking.
(1)
Nonresident owned, temporary. The parking of a trailer
coach (mobile home) not owned by a resident of the Township for periods
exceeding 24 hours on lands not approved for mobile home parks shall
be prohibited, except that the Building Official may extend temporary
permits allowing the parking of such a mobile home in a rear yard
on private property, not to exceed a period of two weeks.
(2)
Resident-owned and stored. Mobile homes owned by residents
of the Township and stored on their individual lots shall be allowed
for periods exceeding 24 hours with no permit required, provided that
such home is stored only within the confines of the rear yard and,
further, that its location respects the requirements applicable to
accessory buildings in this section insofar as distances from principal
buildings, lot lines, and easements are concerned.
(a)
For purposes of this chapter, area occupied by a stored mobile home shall be computed as lot coverage and shall not exceed the maximum permitted under Article 16, Schedule of Regulations.
(b)
Such resident-owned and stored mobile homes
shall not be connected to sanitary facilities and shall not be occupied.
L.
Accessory structures, except where otherwise permitted
and regulated in this chapter, shall be located in the rear yard and
shall meet the height and setback requirements of an accessory building
except as otherwise specified.
M.
Antennas and towers.
(1)
Structures such as private television antennas, pole
antennas or other private communication antennas, or towers (with
wind resistance surface of seven square feet or less) may be located
in the rear yard or on a rooftop so long as the height of the antenna
or tower does not exceed the height limitation of the district in
which it is located and the horizontal distance between its base (or
point of secure attachment to a building) and the nearest property
line is equal to the height of the structure.
(2)
Antennas in R-1, R-2, R-3, RM-1, RM-2, and OS-1 Districts,
with wind resistance surfaces over seven square feet, shall be located
in the rear yard only and shall be placed in accordance with the requirements
governing setbacks and height limitations for accessory buildings.
The antenna shall be so located as to minimize its view from adjacent
properties and streets.
[Amended 7-17-2000 by Ord. No. 268]
(3)
Antennas in LB, GB, MC, IRO, I-1 and I-2 Districts
with wind resistance surfaces over seven square feet may be located
on a rooftop, provided that the height of the top of the antenna not
exceed the height limitation of the district and the location on the
roof will obscure visibility from adjacent streets and residential
properties as much as possible. A freestanding antenna shall be located
in a rear yard or may be located in a side yard if visibility from
adjacent streets and properties is obscured.
[Amended 1-7-2013 by Ord. No. 308]
N.
Wind generators may be permitted in a rear yard when
the following conditions are met:
(1)
The highest point of any portion of the generator
shall not exceed 35 feet above the average grade of the rear yard.
(2)
The generator device shall be placed no closer to
any side or rear lot line than the total distance between the grade
of the lot at the base of the tower and the highest point of any portion
of the generator.
(3)
The construction of the tower, blades, base structure,
accessory building, and wiring shall meet all applicable local building
codes and ordinances.
O.
Freestanding solar panels shall be considered accessory
structures and shall be located in the rear yard and further subject
to the setback requirements for accessory buildings.
P.
Heating and/or cooling units located outside of single-family
homes shall comply with the following requirements:
(1)
A central air-conditioning condenser unit, heat pump,
or any other noise-producing mechanical system components which are
typically required to be located on the exterior of the house shall
be located within three feet of the main building within the rear
yard, and clear of side yard setbacks. For a waterfront lot, such
components shall be located on the street side.
(2)
A central air-conditioning condenser unit, heat pump,
or any other noise-producing mechanical system components which are
typically required to be located on the exterior of the house may,
when conditions make it necessary, be located in the side yard or
in any portion of a rear yard and the street yard of a waterfront
lot, subject to the following conditions:
(a)
Such units shall not be located in any minimum
yard setback;
(b)
The discharge outlet from such units shall be
directed upwards vertically or toward the rear yard;
(c)
[3]Such units adjoining a residence shall not be located adjacent
to an adjoining property owner’s living or sleeping area where
windows or doors are directly exposed to the unit on the side.
[3]
Editor’s Note: Former Subsection P(2)(c), regarding
the concealing air-conditioning units from view, was repealed 1-7-2013
by Ord. No. 308.
Q.
Outdoor wood-burning furnaces including outdoor wood boilers, hydronic
heaters, pellet and corn stoves or furnaces and the like shall be
subject to the following:
[Added 1-7-2013 by Ord. No. 308]
(1)
A minimum of two acres of land shall be required to install an outdoor
wood-burning stove or furnace on a property.
(2)
A maximum of one furnace may be permitted on a single parcel for
the first 10 acres of land. An additional furnace may be added for
each additional 10 acres of land provided.
(3)
The furnace shall be installed with all proper permits as obtained
from the Township and Construction Code Authority.
(4)
The furnace shall not be used to burn refuse, rubber materials (including
tires), synthetic rubber, any plastic materials, foam, wood that has
been painted, stained or otherwise treated, flammable liquid and gasoline,
etc.
(5)
All materials used as fuels shall meet manufacturer's specifications.
(7)
The height of the chimney shall be a minimum of 10 feet or at least
two feet above the height of any ridgeline of an adjacent residence
located within 1,000 feet, whichever is greater. If the required height
of the chimney is taller than manufacturer's specifications permit,
the furnace shall not be permitted.
(8)
The unit shall be laboratory tested and listed to comply with appropriate
safety standards such as UL (Underwriters Laboratories) or ANSI (American
National Standards Institute).
(9)
The unit shall be equipped with an approved and properly functioning
spark arrestor.
Special land uses are uses which possess unique
characteristics that make it difficult to anticipate all of the potential
impacts on the site and on surrounding areas. Thus, it may be impractical
to include them in a specific use district classification. Furthermore,
until sufficient public input is obtained and further study prepared
of the specific use, it may be impossible to create controls to sufficiently
assure that they do not adversely impact surrounding areas.
A.
The following land uses are considered special land
uses:
(1)
Outdoor theaters. Outdoor theaters may be permitted
within I-1 Districts subject to the following conditions:
(a)
The site in question shall be surrounded by
an I-1, I-2 or IRO Zoning District or some combination thereof.
(b)
Outdoor theaters shall abut directly upon a
major thoroughfare of not less than 120 feet of right-of-way.
(c)
Points of ingress and egress shall be available
to the outdoor theater only from abutting major thoroughfares of not
less than 120 feet of right-of-way width and shall not be available
from any residential street.
(d)
All vehicles, waiting or standing to enter the
facility, shall be provided off-street waiting space. No vehicle shall
be permitted to wait or stand within a dedicated right-of-way.
(e)
The area shall be laid out so as to prevent
the movie screen from being viewed from residential areas or adjacent
major thoroughfares. All lighting used to illuminate the area shall
be so installed as to be confined within, and directed onto, the premises
of the outdoor theater site.
(f)
The proposed internal design shall receive approval
from the Building Official and the Township Engineer as to adequacy
of drainage, lighting, screening, and other technical aspects.
(2)
Radio, television, public utility towers. Radio and
television towers, public utility microwaves and public utility television,
transmitting towers, and their attendant facilities may be permitted
in I Districts subject to the following conditions:
(a)
The site in question shall be surrounded by
an I-1, I-2 or IRO Zoning District or some combination thereof.
(b)
Said use shall be located centrally on a continuous
parcel having a dimension at least equal to the height of the tower
measured from the base of said tower to all points on each property
line.
(c)
The proposed site plan shall receive approval
from the Township Engineer as to adequacy of drainage, lighting, general
safety, and other technical aspects.
(3)
Kennels. The raising of any fur-bearing animals or
the operation of a commercial kennel may be permitted subject to the
following conditions:
(4)
Landfill and dumping operations.
(a)
The use of land for filling or dumping, earth,
sand, gravel, and putrescible or nonputrescible waste materials, not
in connection with general farming, agricultural, horticultural, or
landscape activities, shall comply with the provisions of all other
Township ordinances relevant thereto and only within an I-2 District.
(b)
Landfill and dumping operations on properties
formerly constituting the bed of the St. Clair River shall be subject
to the rights of Act No. 59, PA 1995 (MCLA § 324.30101 et
seq.), the public, and abutting riparian owners.
[Amended 4-19-2004 by Ord. No. 285]
(5)
Uses not otherwise included within a specific zoning
district. Uses may be proposed which are not specifically identified
within a particular zoning district. In such instances, the zoning
administrator may make a determination that a use is similar and no
more objectionable to another use within a district that is specifically
mentioned. If, in the opinion of the zoning administrator, a proposed
use is not similar to an already permitted use, it will be deemed
a special land use, and the Planning Commission will have the authority
to apply such standards and conditions as deemed necessary to assure
the health, safety and welfare of adjacent areas.
B.
Procedure.
(1)
Upon filing of an application and submittal of a site plan, the Township shall set a date for a public hearing in accordance with § 480-92, Public hearings. Such public hearing shall be held by the Planning Commission.
(2)
After receiving public comment, the public hearing
shall be closed and the Planning Commission shall review the submitted
special land use request. After undertaking such study and review
as deemed necessary, the Planning Commission shall make a recommendation
to the Township Board.
(3)
The Planning Commission may include conditions as
a part of its recommendations to the Township Board. Such conditions
shall meet all of the following requirements:
(a)
Be desired to protect natural resources, the
health, safety, and welfare and the social and economic well-being
of those who will use the land use or activity under consideration,
residents and landowners immediately adjacent to the proposed land
use or activity, and the community as a whole.
(b)
Be related to the valid exercise of the police
power, and purposes which are affected by the proposed use or activity.
(c)
Be necessary to meet the intent and purpose
of this chapter, be related to the standards established in the ordinance
for the land use or activity under consideration, and be necessary
to insure compliance with those standards.
(4)
Upon receiving the recommendations of the Planning
Commission, the Township Board shall make a decision to approve, approve
with conditions, or deny a special land use request.
For any development other than a single-family
residence, a detailed planting plan (landscape plan) shall be provided
for any yard abutting a street and for any areas requiring a greenbelt
or plantings by this chapter. Such plans shall be submitted for review
and approval by the Planning Commission prior to the issuance of a
building permit and shall be prepared in accordance with the following:
A.
Planting plan specifications.
(1)
Minimum scale of one inch equals 50 feet.
(2)
Existing and proposed grades at a contour interval
not to exceed two feet.
(3)
The planting plan shall indicate, to scale, the location,
spacing and starting size for all proposed landscape material within
the required greenbelt or landscaped area.
(4)
Typical straight cross section, including slope, height
and width of berms and type of ground cover or height and type of
construction for all proposed walls, including footings.
(5)
Significant construction details to resolve specific
site conditions, e.g., tree wells to preserve existing trees, culverts
to maintain natural drainage patterns.
(6)
Planting and staking details in either text or drawing
form to insure proper installation and establishment of proposed plant
materials.
(7)
Planting plans shall be prepared by a registered or
degreed landscape architect or by a company with membership with the
Michigan Association of Nurserymen.
B.
Plant material sizes and spacing.
(1)
Plant materials shall not be placed closer than four
feet from the fence line or property line.
(2)
Where plant materials are planted in two or more rows,
plantings shall be staggered in rows.
(3)
Evergreen trees shall have a starting size of at least
six feet in height. When planted in informal groupings, they shall
be spaced not more than 20 feet on center. When planted in rows, they
shall be spaced not more than 12 feet on center.
(4)
Narrow evergreens shall have a starting size of at
least four feet in height. When planted in informal groupings, they
shall be spaced not more than 10 feet on center. When planted in rows,
they shall be spaced not more than five feet on center.
(5)
Large deciduous trees shall have a minimum starting
size of 2 1/2 caliper inches. They shall be planted not more
than 30 feet on center when placed in informal groupings.
(6)
Small deciduous trees shall have a minimum starting
size of at least two caliper inches. They shall not be spaced more
than 15 feet on center when placed in informal groupings.
(7)
Large shrubs shall have a starting size of at least
30 inches in height. They shall be placed not more than six feet on
center when placed in informal groupings and not more than four feet
on center when planted in rows.
(8)
Small shrubs shall have a starting size of not less
than 24 inches in height or spread and be planted not more than four
feet on center.
|
Plant Materials: Spacing and Sizes Maximum
Spacing
(feet)
| ||||
|---|---|---|---|---|
|
Type of Plant Material
|
Grouping
|
Rows
|
Minimum Starting Size
| |
|
Evergreen trees
|
20
|
12
|
6 feet high
| |
|
Narrow evergreen trees
|
10
|
5
|
4 feet high
| |
|
Large deciduous trees
|
30
|
–
|
2 1/2 inch caliper
| |
|
Small deciduous trees
|
15
|
–
|
2.0 inch caliper
| |
|
Large shrubs
|
6
|
4
|
30 inches high
| |
|
Small shrubs
|
4
|
4
|
24 inches high
| |
(9)
Greenbelts shall be planted in a manner to insure
that the required horizontal and vertical obscuring effect of proposed
land uses will be achieved. The ultimate size of plant material shall
be such to insure adequate maturity and optimum screening effect of
proposed plant materials.
(10)
The Planning Commission shall consider the choice
and selection of plant materials to insure that root system will not
interfere with public utilities and that fruit and other debris (other
than leaves) will not constitute a nuisance within public rights-of-way,
or to abutting property owners.
(11)
The relationship between deciduous and evergreen
plant materials shall be such that a maximum obscuring effect will
be maintained throughout the various seasonal periods.
(12)
The following table lists some plant material
that may be acceptable for use in the Township. The list is not intended
to be all-inclusive but rather suggests certain material which is
commonly suitable for landscaping purposes.
|
Plant Material Type
|
Suggested Plant Materials
| |
|---|---|---|
|
Evergreen trees
|
Juniper, Hemlock, Pine, Spruce, Douglas Fir,
Fir
| |
|
Narrow evergreens
|
Columnar Honoki Cypress, Blue Columnar Chinese
Juniper, Pyramidal Japanese, Pyramidal White Pine, Columnar Giant
Arbor-Vitae, Hicks Yew, Douglas Arborvitae, Swiss Stone Pine
| |
|
Large deciduous trees
|
Oak, Linden, Hackberry, Hop Hornbeam, Ginkgo
(male), Hard Maples, Sweet Gum, Honey Locust (thorn less), Birch,
Beech, Sycamore, Ash (seedless), Bradford Pear
| |
|
Small deciduous trees
|
Hornbeam, Service berry, Mountain Ash, Hawthorn,
Magnolia, Redbud, Rose of Sharon, Flowering Crabs, Flowering Dogwood
| |
|
Large shrubs
|
Honeysuckle, Mock-orange, Buckthorn, Pyracantha,
Mugo Pine, Lilac, Euonymus, Ninebark, Bayberry, Savin Juniper, Viburnum,
Forsythia, Sumac, Flowering Quince, Cotoneaster (Pekin, Spreading),
Hazelnut, Border Privet, Pfitser Juniper, Yew
| |
|
Small shrubs
|
Regal Privet, Potentilla, Dwarf Mugo Pine, Low
Spreading Junipers (Hughes, Tamarix, etc.), Cotoneaster (Cranberry,
Rockspray), Fragrant Sumac, Compact Burning Bush, Spreading Yews,
Japanese Quince, Big Leaf Winter Creeper
| |
|
Trees not suggested
|
Box Elder, Poplars, Elms, Willows, Horse Chestnut
(nut bearing), Catalpa, Red Maple, Silver Maple, Tree of Heaven, Cottonwood
|
C.
Parking lot landscaping.
(1)
In an IRO, I-1 or I-2 District, one tree for each
4,000 square feet of the total of the paved driveway and parking lot
surface shall be provided.
(2)
In all other districts, one tree shall be required
for each 3,000 square feet of paved driveway and parking lot surface,
provided that no less than two trees are provided.
(3)
Trees shall be distributed evenly throughout the parking
area, and each tree shall be provided with an open land area of not
less than 150 square feet to provide area for infiltration and with
a minimum diameter of six feet at the trunk of the tree for protection.
(4)
A sprinkler irrigation system shall be installed.
[Amended 10-20-2003 by Ord. No. 280]
(5)
Tree plantings shall also be protected from automobiles
with curbing or other suitable device.
(6)
In a P-1, OS-1, MC, LB or GB District, when a parking
area abuts a residential district, a row of large deciduous trees
shall be provided on the nonresidential side of a required wall or
berm. Such trees shall be located in a lawn panel with a minimum width
of 10 feet as measured from the property line.
[Amended 1-7-2013 by Ord. No. 308]
D.
Maintenance. Landscaped areas and plant materials
required by this chapter shall be kept free from refuse and debris.
Plant materials, including lawn, shall be maintained in a healthy,
growing condition with a neat and orderly appearance. If any plant
materials required by this chapter die or become diseased, they shall
be replaced within 30 days of written notice from the Township or
within an extended time period as specified in said notice.
E.
Timing. The landscaping shall be planted within six
months from the date of completion of the building or improvement,
and shall thereafter be reasonably maintained with permanent plant
materials to provide the necessary affect. Final certificate of occupancy
shall be withheld until plantings have been installed and approved.
A temporary certificate of occupancy may be issued in the interim.
A.
For those zoning districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall or landscaped berm as required below, unless otherwise determined by the Planning Commission under Subsection H below. In any instance, a berm of equal height may be substituted for a wall, if desired. Furthermore, the Planning Commission may require the use of a berm rather than a wall.
[Amended 7-1-2013 by Ord. No. 308]
|
District or Use
|
Height
(feet)
| |
|---|---|---|
|
RM Districts (adjacent to one-family residential
districts)
|
4.5 to 6.0
| |
|
P-1
|
4.5
| |
|
OS-1, LB, GB and MC Districts
|
4.5 to 6.0
| |
|
IRO, I-1 and I-2 Districts
|
5.0 to 8.0
| |
|
Off-street parking and circulation (other districts)
|
4.5
| |
|
Storage areas
|
5.0 to 10.0
| |
|
Hospital ambulance and delivery areas
|
6.0
| |
|
Utility buildings, stations or substations
|
6.0
|
B.
The height of a wall or berm shall be measured from
the surface of the parking area or land on the nonresidential side
of the wall or berm.
C.
In the case of a variable wall or berm height as noted
above, the extent of obscuring wall or berm shall be determined by
the Planning Commission on the basis of land usage, provided, further,
that no wall or berm shall be less than the above required minimum,
nor greater than the above required maximum.
E.
In those instances where the border between districts
or uses requiring a wall or berm is a major or secondary thoroughfare,
a landscaped greenbelt may be substituted for the wall or berm adjacent
to the thoroughfare.
F.
Required walls shall be located along the lot line
except in the following instances:
(1)
Where underground utilities interfere.
(2)
Where a landscaped street yard is required, the wall
shall be placed along the setback line.
(3)
Required walls may, upon approval of the Planning
Commission, be located on the opposite side of an alley right-of-way
from a nonresidential zone that abuts a residential zone when mutually
agreeable to affected property owners. The continuity of the required
wall on a given block will be a major consideration of the Planning
Commission in reviewing such request.
G.
Required berms shall be constructed as landscaped
earth mounds with a crest area at least four feet in width.
(1)
The exterior face of the berm shall be constructed
as an earthen slope.
(2)
The interior face of the berm may be constructed as
an earthen slope, or retained by means of a wall, terrace, or other
means acceptable to the Building Official.
(3)
Whenever an earthen slope is provided, it shall be
constructed with an incline not to exceed one foot of vertical rise
to three feet of horizontal distance.
(4)
Berm slopes shall be protected from erosion by sodding
or seeding. If slopes are seeded, they shall be protected with a straw
mulch held in place by jute netting until the seed germinates and
a permanent lawn is established. The straw mulch is not required if
the seeded slope is protected by a net that is specifically designed
to control erosion.
(5)
The berm area shall be planted with shrubs, trees
and lawn and shall be maintained in a healthy, growing condition.
 |
H.
In those instances where the following conditions
occur, the wall or berm may be waived by the Planning Commission:
(1)
The abutting or adjacent land is proposed on the Township
Master Plan of Land Use as a use other than residential.
(2)
The abutting or adjacent land is developed for a use
other than residential.
(3)
The Planning Commission determines that the abutting
or adjacent residential district will become nonresidential in the
future.
(4)
The abutting or adjacent residential district has
physical characteristics which preclude the necessity of a wall or
berm. Such conditions include but are not necessarily limited to:
I.
Walls and berms shall have no openings for vehicular
traffic or other purposes, except as otherwise provided in this chapter
or approved by the Planning Commission. Masonry walls may be constructed
with openings, above three feet in height which do not in any square
section (height and width) exceed 20% of the surface. Where walls
are so pierced, the openings shall be so spaced as to maintain the
obscuring character required, and shall not reduce the minimum height
requirement. The arrangement of the openings shall be reviewed and
approved by the Building Official.
J.
All walls herein required shall be constructed of
face brick or comparable nonporous facing materials on the exterior
sides facing a residential district and shall be approved by the Building
Official to be durable, weather-resistant, rustproof and easily maintainable;
and wood or wood products shall be specifically excluded. The top
of the wall shall be finished or capped to provide positive drainage.
 |
K.
The Planning Commission may require that a wall be
varied in height or stepped to match adjacent existing walls or to
assure that adequate sight distance is assured, provided that in no
instance shall a required wall or berm be permitted to be less than
30 inches in height.
No fence, wall, shrubbery, sign or other obstruction
to vision above a height of two feet from the established street grades
shall be permitted within the triangular area formed at the intersection
of any street right-of-way lines by a straight line drawn between
said right-of-way lines at a distance along each line of 25 feet from
their point of intersection, nor shall such obstruction to vision
be permitted at the intersection of any driveway or alley and a street
right-of-way line within a triangular area formed at such intersection
by a straight line drawn between the driveway or alley line and the
street right-of-way line at a distance along each line of 15 feet
from their point of intersection. In those instances where such triangular
area cannot be constructed on the property in question, a fifteen-foot
setback shall be required between the property line and the driveway
or alley.
 |
In all residential districts, so-called entranceway structures, including but not limited to walls, columns, and gates, marking entrances to single-family subdivisions or multiple-housing projects, may be permitted and may be located in a required yard, except as provided in § 480-65, Corner clearance, above; provided that such entranceway structures shall comply to all codes and ordinances of the Charter Township of East China, be approved by the Building Official, and a permit issued.
A.
Outdoor lighting used to illuminate the general area
of a specific site shall be shielded to reduce glare and shall be
so arranged as to reflect lights away from all adjacent residential
districts, uses or streets.
B.
Outdoor lighting shall be directed toward and confined
to the ground area of lawns or parking lots.
C.
All lighting of nonresidential uses for the external
illumination of buildings, so as to feature said buildings, shall
be placed and shielded so as not to interfere with the vision of persons
on adjacent highways or adjacent property.
D.
Illumination of signs and any other outdoor features
shall not be of a flashing, moving, or intermittent type. Artificial
light shall be maintained stationary and constant in intensity and
color at all times when in use.
F.
Lighting standards shall not exceed the maximum height limitations established for each district as set forth in Article 16, Schedule of Regulations.
A space for the location of waste receptacles shall be provided for each business, office, multiple-family or industrial use. A space for waste receptacles shall be provided whether or not their use is intended. Waste receptacles and enclosures may be permitted as accessory to any use except one-family residential. The provisions of § 480-61, Accessory buildings and structures, and the following conditions shall apply:
A.
Waste receptacles must be clearly accessible to servicing
vehicles.
B.
A concrete pad with a minimum dimension of nine feet
by six feet shall be provided.
C.
Waste receptacles shall be screened on all sides.
Such screening shall be constructed of an earth mound, brick or decorative
concrete block material with a minimum height of six feet or one foot
above the height of the enclosed dumpster, whichever is greater. Access
gates must provide screening and may be of wood construction.
D.
Waste receptacles and their screening enclosures shall
be located as far from single-family residential districts as practical.
E.
The location of waste receptacles shall be indicated
on the site plans, and the location and screening shall be subject
to approval of the Code Enforcement Officer, or of the Planning Commission
when the Planning Commission reviews the site plan.
F.
Detail drawings or a note shall be provided on the
plan to assure that the above requirements are met.
The standards of this section are intended to
promote safe and efficient travel within the Township; minimize disruptive
and potentially hazardous traffic conflicts; separate traffic conflict
areas by reducing the number of driveways; protect the substantial
public investment in the street system; and to ensure reasonable access
to properties, though not always by the most direct route. The following
standards shall apply to all uses except residential developments
involving less than five dwelling units. However, if it appears that
there would be unusual difficulty encountered in meeting these requirements
because of grade changes, existing or proposed intersections, driveways,
bridges, or other land restrictions, the Planning Commission, upon
recommendation of the Township Engineer, may waive or modify the requirements
of this section.
A.
Acceleration-deceleration-passing lanes.
(1)
Driveways providing ingress and egress to all two-lane,
paved major thoroughfares shall be provided with paved acceleration
and deceleration lanes and passing lanes.
(2)
Driveways providing ingress and egress to all three-lane,
paved major thoroughfares shall be provided with paved acceleration
and deceleration lanes.
(3)
Driveways providing ingress and egress to roads of
four or more lanes shall be provided with paved tapers or turning
lanes.
(4)
Required lanes or tapers shall be indicated schematically
on the site plan and shall be constructed in accordance with the standards
for such facilities as established by the Township Engineer.
B.
Alternative means of access. To reduce the number
of curb cuts to the Township’s major thoroughfares, alternative
means of access shall be encouraged in general. In such cases the
following alternative means of access may apply:
(1)
Shared driveways. Sharing or joint use of a driveway
by two or more property owners shall be encouraged. The shared driveway
shall be constructed along the midpoint between the two properties.
If a written easement is provided which allows traffic to travel across
one parcel to access another, or access the public street, the driveway
can be located entirely on one parcel.
(2)
Marginal access roads. In cases where a marginal access
road exists, is recommended in a plan adopted by the Planning Commission
and/or is proposed in an approved site plan for an adjoining lot or
parcel, access shall be provided via such road, rather than by direct
connection to the major thoroughfare. In areas where marginal access
roads are planned, but adjacent properties have not yet developed,
the site shall be designed to accommodate a future road. In such instances,
the Planning Commission may temporarily grant individual parcels a
direct connection to the adjacent major thoroughfare. A performance
bond or other financial guarantee must be provided which assures elimination
of the temporary access upon completion of the road. Occupancy permits
shall not be issued until such financial guarantee has been submitted
to the Township.
(3)
Parking lot connections. All parking lots shall be
designed in such a way as to allow for a connection to the parking
lot of an existing or future use. Such connection shall be a minimum
of 20 feet in width and shall be set back a minimum of 30 feet from
the planned future right-of-way of adjacent roads.
Where there is existing development in the area
or where the adjacent lands are subdivided, the grades about the new
development or construction shall be set to conform to the grades
of abutting existing development or subdivisions.
[Amended 10-20-2003 by Ord. No. 280]
The issuance of an approved fence permit shall
be required prior to construction of a new fence. Fences shall not
be subject to the provisions of this section if they have a height
of two feet or less. For the purposes of this section, a fence is
any man-made structure.
A.
Process.
(1)
Application for a fence permit shall be made on forms
provided by the Township.
(2)
The Building Official shall examine all applications
for fence permits and if it appears that the application complies
with all of the provisions of this chapter, does not appear to violate
any other applicable law, and all applicable fees have been paid,
a fence permit shall be issued to the applicant.
(3)
The applicant shall notify the Building Official or
his designee when the fence has been completed, and the Building Official
or his designee shall examine the construction to assure that it complies
with the standards of this chapter and the issued permit.
(4)
Any permit granted under this section shall become
null and void after six months from the date such permit is granted.
B.
General requirements.
(1)
Razor and barbed wire. The use of razor wire is not
permitted on any fence in any use district. Barbed wire may only be
placed on fences in nonresidential districts when constructed inward
of the fence. Barbed wire may be permitted in residential districts
when necessary for the keeping of animals on land used for agricultural
purposes.
(2)
Fences conducting electric current. Fences on residential
lots of record shall not conduct electric current or contain a charge
of electricity except when necessary for the keeping of animals on
land used for agricultural purposes. The use of subterranean electrical
devices for the containment of animals is permitted.
(3)
Unless otherwise provided for in this chapter, fences
(as defined in this chapter) shall not be permitted in a front yard.
The Township Building Inspector may permit the installation of a fence
in a front yard when the following conditions are met:
(a)
Except for otherwise provided in this chapter,
a fence shall not exceed a height of 36 inches.
(b)
For lots with frontage on the St. Clair River,
a fence may be permitted in the yard between a residence and a road
subject to the following:
[1]
A fence with a maximum height of 48 inches may
be permitted, except that such a fence shall be set back a minimum
distance of 20 feet from any road right-of-way.
[2]
A fence no greater than 36 inches in height
may be permitted up to the road right-of-way.
[3]
The fence shall be constructed in such a manner
that it has a minimum of 25% open unobstructed surface area, viewed
from a ninety-degree angle.
[4]
Shrubs, plants or hedges are not considered
to be a fence and there is no limitation on their height between the
house and the road.
(c)
The fence shall be constructed in such a manner
that it has a minimum of 73% of open unobstructed surface area, such
as a split rail fence, viewed from a ninety-degree angle.
(d)
Steel posts and wire mesh are not permitted
in any front yard.
(4)
Residential districts.
(a)
Unless otherwise provided in this chapter, fences
on all lots of record in all residential districts shall not exceed
a height of six feet measured from the surface of the ground.
(5)
Parks, playgrounds, or public areas. Fences which
enclose public or institutional parks, playgrounds, or public landscaped
areas situated within an area developed within recorded lots shall
not obstruct vision to an extent greater than 25% of their total area.
Such fences may be permitted to a height not to exceed eight feet.
(6)
Fences on lots having water frontage. In addition to the standards of Subsection B(3) above, the following standards shall apply to lots having water frontage:
The requirements set forth herein are intended
to provide guidelines to foster understanding between the developer
and the Township and its representatives. In this way, the Township
will be given sufficient detail to assure compliance with its plans
and ordinances and the preparation, submission and review of site
plans will be expedited.
A.
Review and approval is required before a building
permit may be issued for the construction of all structures and uses
proposed in the Township. Review and approval authority is as follows:
(1)
Administrative review and approval of a plot plan by the Building Official (see Article 22, Administration and Enforcement) is required before a building permit may be issued for the following:
(2)
Review and approval by the Building Official and review
and approval by the Zoning Board of Appeals is required before a permit
may be issued for any temporary structure or use.
(4)
The Building Official can, at his or her discretion,
require review and recommendation by the Planning Commission of any
item that would be otherwise approved administratively.
B.
No site plan shall be approved until same has been
reviewed by the Township Planner and Township Engineer for compliance
with the standards of the respective departments.
C.
In the process of reviewing the site plan, the Planning
Commission shall, at a minimum, consider the following:
(1)
One-family residential development on the basis of
a subdivision.
(2)
The location and design of driveways providing vehicular
ingress to and egress from the site, in relation to streets giving
access to the site, and in relation to pedestrian traffic.
(3)
The traffic circulation features within the site and
location of automobile parking areas; and may make such requirements
with respect to any matters as will assure:
(4)
The Planning Commission may further require landscaping,
fences, and walls in pursuance of these objectives, and same shall
be provided and maintained as a condition of the establishment and
the continued maintenance of any use to which they are appurtenant.
D.
Application for site plan review.
(1)
In order to be placed on the Planning Commission agenda,
an application for site plan review, with all requisite material,
shall be delivered to the office of the Township Clerk not less than
15 days in advance of a regularly scheduled Planning Commission meeting.
(2)
Content of application. The application shall include:
(a)
The legal description of the land involved,
the street address and the item number assigned on the St. Clair County
Property Description Maps. If separately described parcels of land
owned by more than one party are involved, then all the information
required in this and the following subsections shall be separated
and supplied as to each individual parcel.
(b)
The purpose of the proposed site development.
(c)
The name(s) of the owner(s) of the fee simple
legal and equitable title to the land, and current address and telephone
number of same, and if an artificial entity, the name, address, and
telephone number of natural person who is the legal representative.
E.
Eleven copies of the following shall be submitted:
(1)
An area map showing the site location relative to
the section, major thoroughfares, public lands, and abutting uses
and property lines. The area map shall be drawn on a separate sheet
either 8 1/2 x 11 inches or 11 x 15 inches, and one reproducible transparency
shall be provided.
(2)
Plans and data displaying the characteristics of the site and its surroundings (see Subsection F, Characteristics of site and surroundings, as follows).
(3)
Plans and data displaying the proposed developed condition of the site, including topographic alterations, improvements, facilities and structures (see Subsection G, Preliminary site plan requirements). The site plan shall show complete and detailed information with exact dimensions which, when approved by the Planning Commission, shall be understood to represent a firm commitment, and from which actual site development shall not deviate expecting upon approval by the Planning Commission of a revised site plan.
F.
Characteristics of site and surroundings. The following
information displaying the characteristics of the site and its surroundings
shall be provided:
(1)
Property survey. There shall be supplied a property
survey, presented on a drawing at suitable scale, signed and sealed
by a registered land surveyor with notation of the date of survey.
The property survey information may be presented on the required topographic
survey drawing. If on a separate drawing, the property survey shall
be submitted in 11 legible copies, one of which shall be a clearly
reproducible film transparency.
(2)
Topographic survey. There shall be supplied a topographic
map, made, signed, and sealed by a registered land surveyor or a civil
engineer licensed to practice in the State of Michigan. Accurate photogrammetric
surveys made under the direction of and verified by a registered land
surveyor or civil engineer and with supplemental details and data
added by one of the foregoing will be acceptable, and shall include:
(a)
Scale and sheet size. The topographic survey
shall be presented on plan or map drawn to a standard engineer’s
scale not smaller than 50 feet to one inch. Plan sheets shall be not
larger than 30 inches by 42 inches. Additional matching sheets shall
be used if the area covered at the scale used exceeds the thirty-inch-by-forty-two-inch
size.
(b)
Datum. All elevations shall be on USC &
GS datum.
(c)
The topographic map shall be drawn true to scale
throughout and shall show at least the following information:
[1]
The surface configuration and elevation of the
land and all abutting streets, highways, and alleys.
[2]
All existing structures on the site and on abutting
property within such distance beyond the property lines as the topographic
map is required to extend as herein provided for various sizes and
types of sites. The dimensions, type of construction, and use of each
structure shall be noted.
[3]
All single trees having a trunk diameter of
six inches or more at six feet above the ground shall be shown and
identified. Wooded areas shall be delineated by symbolic lines tracing
the spread of outermost branches and shall be described as to the
general sizes and kinds of trees contained.
[4]
All watercourses, including defined intermittent
drainage lines, shall be located and identified as to character and
size.
[5]
All bridges and culverts which provide passage
of stormwater onto or away from the site, under abutting roads, shall
be shown with details of sections, length and elevation listed.
[6]
All recorded easements across the site shall
be shown, as shall all evidences of possible unrecorded easements
such as existing roadways, pipelines, pole lines, etc.
[7]
The details of improvements of abutting streets
and thoroughfares shall be shown, including width and kind of surfacing,
curbs, shoulders and ditches (all with all dimensions and elevations
requisite to provide a clear definition of existing conditions). Trees
or planting within street or highway right-of-way shall be shown.
[8]
All existing roadways or driveways entering
abutting streets or thoroughfares from the site, or from adjoining
land within the limits of survey overlaps hereinafter listed, and
all streets, roadways, or driveways entering the opposite sides of
abutting streets or highways within the same limits shall be delineated
on the map.
[9]
The use of properties on the opposite side of
abutting streets or thoroughfares and of all properties abutting the
site shall be noted on the map.
[10]
Where abutting thoroughfares have been officially
designated for eventual widening, the existing center line and the
proposed future right-of-way lines shall be shown.
[11]
All existing utilities, including storm and
sanitary sewers, water mains, gas mains, electric, and telephone lines
located in streets, alleys, or easements abutting the site shall be
identified and shown in their true locations and the locations dimensioned
in relation to right-of-way or easement lines. All visible utility
structures, including manholes, wells, shutoff boxes and catch basins,
shall be shown in their true locations. Field measured elevations
of flow lines of storm and sanitary sewers shall be shown. Known proposed
utility lines shall also be shown and identified.
(d)
The extent and type of topographic survey and
map shall be as follows:
[1]
For a site of not more than three acres, excluding
the existing right-of-way of any undedicated thoroughfare and the
declared future right-of-way of any existing thoroughfare, the survey
and map shall extend to a distance of at least 15 feet beyond the
lines between the site and abutting properties and shall cover abutting
streets or thoroughfares to distances not less than 30 feet beyond
the limits of the site.
[2]
For a site of more than three acres and not
more than 10 acres, excluding the existing right-of-way of any undedicated
thoroughfare and the declared future right-of-way of any existing
thoroughfare, the survey and the map shall be extended at least 40
feet beyond the lines of abutting properties and shall cover abutting
streets or thoroughfares to distances of not less than 100 feet beyond
the limits of the site.
[3]
For a site of more than 10 acres, the survey
and map shall be extended at least 100 feet beyond the lines of abutting
properties and shall cover abutting streets or thoroughfares to a
distance of not less than 200 feet.
[4]
Surface configuration of the surveyed area shall
be shown by contours which shall be at elevation intervals as follows:
|
Rate of Slope of Surface
|
Maximum Contour Interval
| |
|---|---|---|
|
Up to 3 feet in 100 feet
|
1.0 feet
| |
|
Between 3 feet and 20 feet in 100 feet
|
2.0 feet
| |
|
Greater than 20 feet in 100 feet
|
5.0 feet
|
[5]
Contour elevations shall be identified at sufficiently
frequent intervals to make the map readily comprehensible. At each
of the listed contour intervals, every fifth contour shall be accented.
Elevation in figures shall be noted at highest points within hilltop
contours, at lowest points within depression contours, and at control
points between equal contours denoting “saddle” formation.
Within street and thoroughfare rights-of-way, contours shall be supplemented
by noting in figures the elevation of all controlling points.
G.
Preliminary site plan requirements.
(1)
A site plan shall be prepared by a registered architect,
registered civil engineer, registered community planner, registered
land surveyor, or registered landscape architect (licensed to practice
in the State of Michigan).
(2)
The site plan shall be prepared at the same scale
and in the same sheet arrangement as the topographic map, so as to
permit ready comparison.
(3)
Each sheet of the site plan shall show a North arrow
and a notation of the drawing scale. The principal sheet of the plan
shall show a graphic scale as well as scale in figures.
(4)
The name of the proposed development and the name
and address of the proprietor or responsible developer shall appear
on each sheet of plan. Each sheet of plan shall bear a drawing number
and date of completion.
(5)
Any drawing altered after initial submission to the
Planning Commission shall bear notations stating the date and nature
of each revision.
(6)
The survey dimensions of the site shall be shown on
the site plan.
(7)
All abutting thoroughfare and street rights-of-way
with center line indicated, and all existing street improvements which
will be undisturbed by the site development, shall be reproduced on
the site plan.
(8)
All dividing lines between abutting properties shall
be shown to a distance of at least 20 feet from the boundaries of
the site, and all topographic survey information relative to abutting
properties shall be reproduced on the site plan for a distance of
at least 15 feet beyond the limits of the site.
(9)
The plan shall be completely dimensioned and shall
be specific relative to data presented.
(11)
A statement of density projected for site, including
the number of total rooms and/or dwelling units projected for site
eligible for computation of density.
(12)
A statement, with all computations included,
indicating usable area for the computation of off-street parking needs,
and the proposed number of spaces provided. The parking layout shall
be fully dimensioned.
(13)
Structure dimensions and locations.
(a)
Each structure shall be completely dimensioned
in plan or, alternatively if the structure outline involves many offsets
or jogs, the plan may show rectilinear envelope within which the structure
will be totally contained. If the latter alternative is adopted, spacing
between envelopes, property boundaries, roadways, and other features
shall be not less than the minimum spacing for structures in the same
circumstances.
(b)
The location and orientation of each structure
(or structure envelope) shall be positively fixed on the plan by dimensions
and directions.
(14)
Dimensioned floor plans and building elevations.
H.
Final site plan requirements. In addition to all items
outlined above for submittal with a preliminary site plan, the following
shall be submitted on or with a final site plan:
(1)
On a separate sheet, the following details shall be
superimposed on the site plan:
(a)
Finished elevations of grading and paving shall
be calculated to provide adequate slopes for surface drainage, and
all control elevations shall be shown to 0.01 foot.
(b)
On-site roadways, if any, shall have all controlling
elevations shown to 0.01 foot and shall be completely dimensioned
as to location, direction, and geometries.
(c)
The storm drainage system shall be shown in
specific location on the plan, with catch basins, manholes, and deflection
points in ditches (if any) positioned by dimension. Controlling flow
line elevations shall be shown.
(d)
On-site water mains, if any, shall be shown
in specific location on the plan, with valves, fire hydrants, deflections
in line, any special appurtenances, and service connection locations
positioned by dimensions.
(e)
On-site sanitary sewers, if any, shall be shown
in specific location on the plan, with manholes and building sewer
connection locations positioned by dimensions. Controlling flow line
elevations shall be shown.
I.
Dimensioning systems.
(1)
The position of a single structure on a site may be
identified by dimensions from the boundary lines of the site. Roadways,
parking areas, drainage lines and utility connections may be dimensioned
with respect to the structure or to site boundaries, as may appear
most useful. In either system, the closest approach of any of these
features to the structure or to any site boundary shall be dimensioned.
(2)
In multiple-structure developments where the structures
are placed in a totally rectangular arrangement, paralleling one site
boundary line, structure positions may be identified by dimensions
from the site boundaries and dimensions between structures. In such
case, a reference line, in a convenient location either parallel with
or normal to the controlling boundary, shall be shown on the plan
and shall be monumented and preserved on the site as a means of locating
and verifying the locations of structures and other features of the
development. Roadways, parking areas, and utility lines and utility
service connections may be dimensioned from this reference line, and
from structures. The closest approach of any of these features to
a structure, or to a boundary of the site, shall be dimensioned.
(3)
In large or complex developments, particularly where
the arrangement of structures, roadways or utilities is not essentially
rectangular, the site plan shall be controlled by a rectangular coordinate
system, with north-south and east-west axis oriented in conformity
with the bearings of the site boundary survey. The origin of coordinates
shall be selected so that all of the site and abutting streets shall
lie in the northeast quadrant (having positive coordinates) in the
coordinate system.
(a)
Structures (or structure envelopes) shall be
positioned by noting the coordinates of at least one corner, with
the directions of exterior lines indicated by bearings. (One bearing,
only, will suffice for a rectangular structure.)
(b)
Control points of roadways shall be positioned
by coordinates. Roadway tangents shall have bearings and lengths noted.
Roadway curves shall be tangent circular curves, with radius, central
angle, and arc length noted.
(c)
Parking area control points shall be positioned
by coordinates, and parking area orientation shall be shown by bearings.
(d)
Points controlling location of utility lines
shall be positioned by coordinates and bearings, and lengths of lines
between coordinates shall be noted; excepting that where utility lines
parallel roadways or structures they may be dimensioned from the roadway
or structure.
(e)
Points of closest approach of structures to
structures, or of structures, roadways, utility lines, parking areas,
or site boundaries to each other shall have calculated dimensions
noted wherever the separation does not clearly exceed the permissible
minimum.
(f)
Monuments shall be placed and maintained on
the site at intersections of principal coordinate lines, at intervals
not exceeding 400 feet, to facilitate correct layout of the development
and checking of construction for conformity to plan.
(g)
The coordinate system may be applied to developments
of relatively minor size and complexity at the developer’s option.
J.
Approval process.
(1)
At the discretion of the applicant, site plans maybe
submitted for review by the Planning Commission in a two-step process:
preliminary and final. A preliminary submittal allows a developer
to submit a less detailed plan to the Planning Commission than would
otherwise be required for final plan approval and thus forgo some
expense should plan revisions be required. Approval of a preliminary
site plan by the Planning Commission shall remain firm for a period
of one year. If a final plan is not submitted within that time, preliminary
approval shall be null and void. However, at the request of an applicant,
the Planning Commission may grant a six-month extension.
(2)
Approval of a final site plan by the Planning Commission
shall remain firm for a period of one year, during which construction
of the development covered by the plan shall be initiated and carried
on with reasonable diligence.
(3)
Approval null and void with abandonment.
(a)
If construction is not initiated within one
year from the date of approval of the site plan, such failure shall
be considered abandonment of the plan and shall render its approval
null and void.
(b)
If construction, once started under an approved
site plan, is discontinued for a period of one year, the undeveloped
portion of the plan shall be considered abandoned and its approval
shall be null and void.
(4)
If extended approval is desired for a site plan upon
which construction is not started within one year or for the uncompleted
portion of a site plan upon which work has been discontinued for one
year, a new application shall be made to the Planning Commission who
will reconsider the plan in the light of regulations and conditions
then existing. The duration of any extension of approval granted by
the Planning Commission shall be determined by the Planning Commission,
but in no case shall be more than one year, for any one extension.
(5)
Fees for review of site plans shall be established
by a resolution of the Township Board.
A.
Engineering plans and inspections. Subsequent to site
plan approval, and before any construction proceeds, complete engineering
plans and specifications for construction of storm sewers and drains,
sanitary sewers, water mains, roads, and parking area improvements,
all conforming to East China Township standard requirements, shall
be submitted for review and approval by the Township and, when required,
by county and state agencies.
B.
Inspection deposit; construction permit. Construction
of any of the above improvements shall not be commenced until the
requisite deposit to cover inspection costs has been paid to the Township
and a Township construction permit is issued.
[Added 11-6-2006 by Ord. No. 293]
A.
Purpose and intent. It is the general purpose and
intent of the township to carry out the will of the United States
Congress by authorizing communications facilities needed to operate
personal wireless service (PWS) systems. It is further the purpose
and intent of the township to provide for such authorization in a
manner which will retain the integrity of residential neighborhoods
and maintain the character, property values, and aesthetic quality
of the township at large.
B.
Personal wireless services permitted.
(1)
Personal wireless service (PWS) antennas and
support structures may be permitted by the Building Official in any
use district, under any one of the following circumstances:
(a)
The antennas and support structures shall be
concealed from view and shall be located within the building or structures
of the principal use, provided that:
[1]
The zoning lot shall have frontage directly
on a major thoroughfare or collector street.
[2]
The principal use shall be a conforming use
and the building shall be a conforming structure.
[3]
In the R, RM, PND and MHP Districts, such antennas
shall be permitted only with uses that are other than residential
uses.
(b)
The antennas and support structure may be attached
to an existing tower, such as a water tower or similar structure in
existence at the date of the adoption of this amendment,[1] or as a collocation on a PWS tower that has been approved under the applicable requirements of § 480-73.1.
[1]
Editor's Note: "This amendment" refers to
Ord. No. 293, adopted 11-6-2006.
(c)
The antennas and support structure are attached
to an existing steel, lattice-type electric transmission tower located
in an electric utility company easement or right-of-way that is separate
from a public road right-of-way.
(2)
Personal wireless service (PWS) antennas and
support structures may be permitted when attached to a building in
the R, RM, PUD, OS-1, LB, GB, MC, IRO, or I Districts, provided that
the following conditions are met:
[Amended 1-7-2013 by Ord. No. 308]
(b)
The antennas are attached to an existing building
or structure in such a manner as to minimize the identity of the antennas.
In order to achieve this goal, the antennas shall not extend above
or beyond the silhouette of the building or structure or shall be
located so that the building or structure provides a backdrop to the
antennas. Color and building material of the antennas shall be compatible
with the color and material of the building.
(c)
The principal use shall be a conforming use
and the building shall be a conforming structure.
(d)
In the R, RM or PND Districts, such antennas
shall be permitted only with uses that are other than residential
uses.
(3)
Personal wireless service (PWS) antennas and
support structures shall be permitted to be attached to buildings
in the LB, GB, MC, IRO or I Districts, subject to the following conditions:
[Amended 1-7-2013 by Ord. No. 308]
(b)
The principal use is a conforming use and the
building is a conforming structure.
(c)
If connected directly to the main building,
antennas may be attached to any portion of the building. If the support
structure extends above the highest point of the roof or parapet of
the building, the distance between the base and the top of the supporting
structure shall not exceed the height of the building on which it
is located. Any structure that supports antennas shall be set back
from the outer most vertical wall or parapet of the building, at a
distance equal to at least two times the height of such supporting
structure.
(d)
A structure that supports antennas may exceed
the maximum height permitted in the district by not more than 10 feet,
and the top of antennas may exceed the height permitted by not more
than 20 feet.
(4)
Personal wireless service (PWS) antennas, support
structures and towers may be permitted in the LB, GB, MC, IRO and
I Districts, provided that the following conditions are met:
[Amended 7-1-2013 by Ord. No. 308]
(a)
The use shall be subject to the review and approval
of a site plan by the Planning Commission.
(b)
The height, including antennas, shall not exceed
100 feet, measured from the grade at the base of the tower when occupied
by one PWS provider. In the event the tower provides antennas for
more than one provider, the maximum height may be increased to not
more than 150 feet.
(c)
The base of the tower shall have a minimum setback
of 300 feet to any lot line located in an R, RM, PND or MHP District.
(d)
The base of the tower and any other structures
connected therewith shall provide the minimum setback required by
the district, provided that the setback shall be not fewer than 200
feet from any public street right-of-way and 30 feet from any other
lot line.
(e)
If located on the same zoning lot with another
permitted use, such tower and any other structures connected therewith
shall not be located in a front yard or in a side yard abutting a
street.
(5)
In order to promote the collocation of antennas
and limit the number of towers in the township, the Planning Commission
may permit replacement of a PWS tower existing at the date of adoption
of this amendment[2] or subsequently erected in conformance with this chapter,
provided that the following conditions are met:
(a)
The use shall be subject to the review and approval
of a site plan by the Planning Commission.
(b)
The height of the tower and antennas shall not
exceed 100 feet measured from the grade at the base of the tower;
provided, however, that if the base of the tower is greater than 300
feet from any lot line located in an R, RM, PND or MHP District, the
tower and antennas shall not exceed 150 feet measured from the grade
at the base of the tower.
[2]
Editor's Note: "This amendment" refers to
Ord. No. 8293, adopted 11-6-2006.
(6)
Personal wireless service (PWS) antennas, support
structures and towers may be permitted in any district by the Township
Board as a special land use, after review and recommendation by the
Planning Commission, provided that it is demonstrated by an applicant
that a PWS facility cannot reasonably be established as a permitted
use under other sections of this chapter, subject to the following
conditions:
(a)
Public hearings required for a special land use shall be held by both the Planning Commission and the Township Board in accordance with the procedure established for special land use in § 480-62B.
(b)
The petitioner shall demonstrate that operating
requirements necessitate the location proposed and that sites or buildings
where PWS facilities are permitted by this chapter are not available
within the same general area. In order to evaluate these criteria,
the Township may seek the advice of experts in the field for technical
assistance in evaluating the proposal. The Township Board may, by
resolution, establish a fee that will cover the costs of such review.
C.
Standards for PWS facilities. The following conditions
shall be applicable to PWS facilities located in any use district,
in addition to other requirements set forth herein:
(1)
If equipment buildings are located on a site
with other principal buildings, the entire exterior building facade
shall be of finished building material that is equal to or better
than the finish building material of the principal building. Such
buildings shall adhere to the setback requirements of the district
in which located and shall not be located in a front yard or in a
yard abutting a street.
(2)
Lattice-type construction of freestanding PWS
towers shall be permitted only in the MC and I Districts or if permitted
as a special land use. All towers shall be painted as determined by
the Planning Commission, unless otherwise required.
(3)
The area at the base of a tower and around any
building accessory to the PWS facility shall be landscaped in accordance
with a plan reviewed and approved by the Planning Commission.
(4)
The applicant shall deposit with the Township
a performance guarantee in an amount established by Township Board
resolution as security for the removal of the facility if abandoned
or discontinued for use as a PWS facility for a period of six consecutive
months or more.
D.
Liability. Personal wireless service facilities, including
support structure, antennas, and towers, shall not be permitted in
any zoning district unless, prior to construction, the applicant,
petitioner, or person or company responsible for constructing and
installing such facilities agrees in writing to hold the Township
harmless against any claims as a result of permitting such facilities.
Such agreement shall require that the Township be provided with proof
of insurance naming the Township as an additional insured against
all claims which may result during the construction of the personal
wireless service facilities and all times that such facilities are
in place.
[Added 3-21-2011 by Ord. No. 306]
A.
Intent.
(1)
Voters in the State of Michigan approved a referendum authorizing
the use of marihuana for certain medical conditions, being the Michigan
Medical Marijuana Act, MCLA 333.26421, et seq. ("the Act").
(2)
The specified intent of the Act is to enable certain specified
persons who comply with the registration provisions of the law to
acquire, possess, cultivate, grow and use marihuana as well as to
assist specifically registered individuals identified in the statute
without being subject to criminal prosecution under state law in limited,
specific circumstances.
(3)
Despite the specific provisions of the Act and the activities
identified in the Act, marihuana remains a controlled substance (Schedule
1 drug) under Michigan law. The activities set forth in the Act have
a potential for abuse. Such activities should be closely monitored
and, to the extent permissible, regulated by local authorities.
(4)
If not closely monitored or regulated, the presence of marihuana,
even for the purposes specified by the Act, may present an increase
in illegal conduct and/or activity which adversely affects the health,
safety and welfare of the residents of East China Township.
(5)
Nothing in this section shall be construed to allow persons
to engage in conduct that endangers others or causes a public nuisance,
or to allow use, possession or control of marihuana for nonmedical
purposes or allow any other activity relating to cultivation/growing,
distribution or consumption of marihuana that is otherwise illegal.
B.
Medical marijuana dispensary, grow facility, compassion club and
similar operations. It shall be unlawful for any person or entity
to own, manage, conduct, or operate a medical marihuana dispensary,
grow facility, compassion club or similar operation, or to participate
as an employee, contractor, agent or volunteer, or in any other manner
or capacity, in any medical marihuana dispensary, grow facility, compassion
club or similar establishment in East China Township.
C.
Registered primary caregiver. A registered primary caregiver, in
compliance with the general rules of the Michigan Department of Community
Health, the Michigan Medical Marijuana Act P.A. 2008, Initiated Law,
MCLA 333.26423(d) and the requirements of this chapter, shall be permitted
to grow marihuana. Nothing in the chapter, or in any companion regulatory
provision adopted in any other provision of the Code, is intended
to grant, nor shall they be construed as granting, immunity from criminal
prosecution for growing, sale, consumption, use, distribution, or
possession of marihuana not in strict compliance with the Act and
the general rules. Also, since federal law is not affected by the
Act or general rules, nothing in this chapter, or in any companion
regulatory provision adopted in any other provision of this Code,
is intended to grant, nor shall they be construed as granting, immunity
from criminal prosecution under federal law. The Michigan Medical
Marijuana Act does not protect users, caregivers or the owners of
properties on which the medical use of marihuana is occurring from
federal prosecution, or from having their property seized by federal
authorities under the Federal Controlled Substances Act.[1] The following requirements for a registered primary caregiver
shall apply:
(1)
A primary caregiver shall be prohibited from engaging in the
distribution, cultivation, growing or processing of medical marihuana
in any commercial or industrial zoning district;
(2)
A primary caregiver shall be required to occupy the site where
medical marihuana is grown as their principal residence;
(3)
The medical use of marihuana shall comply at all times and in
all circumstances with the Michigan Medical Marijuana Act and the
general rules of the Michigan Department of Community Health, as they
may be amended from time to time;
(4)
A registered primary caregiver must be located outside of a
one-thousand-foot radius from any school, including child-care or
day-care facility, to insure community compliance with federal drug-free
school zone requirements. The radius shall be measured from a point
beginning at the property line of the school site;
(5)
A registered primary caregiver must be located outside of a
one-thousand-foot radius from any public or private park property
or public library property (as measured from the property lines);
(6)
Not more than one primary caregiver shall be permitted to service
qualifying patients on a parcel or within an approved livable dwelling
unit;
(7)
All medical marihuana shall be contained within the building
in an enclosed, locked facility inaccessible on all sides and equipped
with locks or other security devices that permit access only by the
registered primary caregiver or qualifying patient;
(8)
All necessary building, electrical, plumbing and mechanical
permits, as required by the building code, shall be obtained for any
portion of the structure or accessory building in which electrical
wiring, lighting and/or watering devices that support the cultivation,
growing or harvesting of marihuana are located;
(9)
That portion of the structure or accessory building where energy
usage and heat exceeds typical use, such as a grow room, and the storage
of any chemicals such as herbicides, pesticides, and fertilizers shall
be subject to inspection and approval by the appropriate Fire Code
Enforcement Officer to insure compliance with the Michigan Fire Protection
Code;
(10)
The premises shall be open for inspection upon request by the
appropriate Fire Code Enforcement Officer and law enforcement officials
for compliance with all applicable laws and rules;
(11)
The disposal of plant material shall be done in a safe and secure
manner which does not permit those without the proper permits to access
or obtain any disposed plant material;
(12)
Lights utilized in the growing process that are visible from
the exterior of a structure shall not be permitted to operate between
the hours of 11:00 p.m. and 6:00 a.m.
[1]
Editor's Note: See 21 U.S.C. § 801 et seq.
