ARTICLE IV
GENERAL PROVISIONS
Except as hereinafter specifically provided, the following general regulations shall apply:
SECTION 4.1. CONFLICTING REGULATIONS.
Whenever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this Ordinance shall govern.
SECTION 4.2. SCOPE.
No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, altered or maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this Ordinance.
SECTION 4.3. STREETS, ALLEYS, RAILROAD, AND PIPELINE RIGHTS-OF-WAY.
All streets and alley rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets or alleys. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. No structure shall be constructed within 75' from a pipeline carrying high-pressure gas or other volatile materials.
SECTION 4.4. PERMITTED USES.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purposes other than is permitted in the district in which the building or land is located.
SECTION 4.5. PERMITTED AREA.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any open spaces surrounding any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building is located.
SECTION 4.6. PERMITTED HEIGHT.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than twenty- five percent (25%) of the roof area of the building, nor shall such structure be used for any residential purpose or any commercial purpose other than a use incidental to the main use of the building.
SECTION 4.7. LOT AREA, YARDS, AND OPEN SPACE
REQUIREMENTS.
Space which has been counted or calculated as part of a side yard, rear yard, front yard, court, lot area or other open space to meet the requirements of this Ordinance for a building, shall not be counted or calculated to satisfy or comply with a yard, court, lot area or other open space requirement for any other building.
SECTION 4.8. YARD ENCROACHMENTS.
Certain architectural features such as cornices, covers, gutters, chimneys, fire escapes, outside stairways, balconies of open construction and similar features may project up to a maximum of three (3) feet into the required front and side yards and five (5) feet into the required rear yard.
The minimum yard spaces, including minimum lot area per dwelling unit and maximum lot coverage required by this Ordinance for all buildings existing at the time of the passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. (See Schedule of Regulations, Article VII.)
SECTION 4.9. USE OF YARD SPACES AND OTHER OPEN AREAS FOR STORAGE.
There shall be no outside storage of unlicensed vehicles, which are required to be registered by law, permitted in any residential lot. This shall not be applicable to new or used car lots and junk yards. No machinery, equipment, vehicles, lumber piles, crates, boxes, building blocks or other materials either discarded, unsightly or showing evidence of a need for repairs, with or without a current license, shall be stored, parked, abandoned or junked in any open area that is visible from the street, public place or adjoining residential property; and should such use of land occur, it shall be declared to be a nuisance. If such nuisance is not abated within ten (10) days after the owner of such land is notified by the Township, then the Township may perform the necessary work to eliminate the nuisance at the expense of the property owner; and in the event the property owner fails to reimburse the Township within thirty (30) days after receiving notice of the amount due from the Township Treasurer, then the amount shall become a lien upon said property.
SECTION 4.10. ESSENTIAL PUBLIC SERVICE FACILITIES.
Essential public service facilities reasonably necessary for the furnishing of adequate service by public utilities or departments or commissions, or for the public health or safety or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential public service equipment shall be permitted as authorized and regulated by law and other ordinances of the Township of White Oak in any use district, it being the intention hereof to exempt such erection, construction, alteration and maintenance from the application of this Ordinance.
SECTION 4.11. STREET ACCESS.
No dwelling, building or use shall be erected on any lot or parcel of land in the Township of White Oak that does not abut on a public street, road or highway certified by the Ingham County Road Commission (ICRC), or an existing private road.
This Ordinance shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected on the date of the adoption of this Ordinance upon a lot or parcel of land that does not so abut such a street or highway, except those which were part of a platted subdivision as of the date of adoption of this Ordinance.
SECTION 4.12. OBSTRUCTIONS TO VISION.
No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shrubbery and low retaining walls and fences not exceeding thirty-six (36) inches in height above the curb level and shade trees where all branches are not less than eight (8) feet above the street level will be permitted. For residential corner lots, this unobstructed area will be a triangular section of land formed by the two street curb lines and a line connecting them at points twenty-five (25) feet from the intersection of said curb lines.
SECTION 4.13. DWELLINGS IN NON-RESIDENTIAL DISTRICTS.
No dwelling unit shall be erected in the C-1 or M-1 Districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in said districts in conformance with the specific requirements of the particular district.
SECTION 4.14. ONE SINGLE-FAMILY OR MANUFACTURED HOME STRUCTURE PER LOT.
On lots located outside of mobile home parks, no single-family dwelling may be erected upon the same lot with another single-family dwelling, except as may be permitted with an approved condominium and except as allowed on a temporary basis under Section 4.20.
SECTION 4.15. OCCUPANCY: TEMPORARY GARAGES, ACCESSORY BUILDINGS, BASEMENT APARTMENTS PROHIBITED.
Buildings erected after the effective date of this Ordinance as garages or accessory buildings shall not be occupied for dwelling purposes. No basement or cellar apartment shall be used or occupied for dwelling purposes at any time (except when a one-year permit is issued by the Board of Appeals).
SECTION 4.16. ACCESSORY BUILDINGS, STRUCTURES AND USES IN SINGLE FAMILY RESIDENTIAL AND AGRICULTURAL ZONES.
Accessory buildings, structures and uses except as otherwise permitted in this Ordinance shall be subject to the following regulations:
A. Except when structurally attached to a principal building, accessory buildings shall not be erected in any required yard, (i.e., between the required minimum setback line and the lot line).
B. Where the residential accessory building is structurally attached to a principal residential building, it shall be subject to and must conform to all building codes and regulations of this Ordinance applicable to main or principal buildings.
C. A detached, non-agricultural accessory building shall not exceed twenty (20) feet in height, provided, that the total ground floor area of all detached accessory buildings on any lot shall not exceed 1,200 square feet in area. If the total of all accessory buildings exceeds 750 square feet in ground floor area, then any additional accessory building shall be located no closer to any lot line or principal building than a distance equal to the height of the accessory building.
D. In any residential District where the primary use is residential, the total area of all residential accessory buildings, including attached and detached may not exceed a total of 1,500 square feet, except on lots with an area of 2 acres or greater. On lots of two acres or greater, an accessory building may exceed the area requirements identified above, provided that such buildings:
1. Shall not exceed 2,400 square feet in total floor area.
2. Shall be located in a rear yard no less than one hundred and twenty (120) from the front lot line and must be consistent with the neighboring dwelling locations.
3. Shall be set back fifteen (15) feet from any side or rear lot line.
E. An accessory building may exceed area requirements (and exceptions) identified above if special approval, in accordance with the conditions and procedures established in this ordinance, is granted by the Township Board.
F. An accessory building shall be located to the rear of the building line of the principal building on the lot except when structurally attached to the principal building, and except that in a row house development or apartment buildings, off-street parking in the form of covered bays may be permitted in the rear of principal buildings if the location is approved by the Zoning Board.
G. No detached accessory building shall be located closer than ten (10) feet to a principal building.
H. In the case of double frontage or corner lots, accessory buildings shall observe front yard set-back requirements on both street frontages.
I. Satellite antennae shall be permitted in all districts only as an accessory use to a principal building subject to the following:
1. Permit Required. The construction or placement of a satellite antenna shall not commence before a building permit is issued in accordance with this Ordinance.
2. Limitation. Only one satellite antenna per lot shall be permitted.
3. Grounding. All such antennae shall be bonded to a grounding rod.
4. No satellite antenna shall be:
a. Located in any front yard or required side yard.
b. Taller than the height of principal building.
c. Supported by structural supports other than corrosion resistant metal.
5. Wind load. All such antennae shall be designed to meet wind load standards of the building code.
6. Glare. The surface of the antenna shall be painted or treated so as not to reflect glare from sunlight.
J. All accessory buildings shall be also built in accordance with the Ingham County Sanitary code and be located so as not to infringe on an existing septic tank filter field or preclude the adequate area which may be required for a replacement septic tank filter field in the future.
SECTION 4.17. PARKING AND STORAGE OF CAMPERS, TRAVEL TRAILERS, AND BOATS.
Campers, travel trailers, motorized homes, snowmobiles and trailers of any type, and boats may be parked or stored outdoors in any residential zoning district on occupied lots subject to the following requirements:
A. No more than one (1) camper or travel trailer, and no more than one (1) boat, and no more than two (2) snowmobiles may be parked on a lot of record which is zoned and used for residential purposes, and ownership of same must be in the name of a member of the immediate family of the lot's owner, tenant or lessee.
B. Campers and travel trailers may be parked anywhere on the premises for loading or unloading purposes for a period not to exceed forty-eight (48) hours.
C. Campers, travel trailers, snowmobiles, trailers, boats and the like, where parked or stored, shall be located only in the rear yard and, in addition, shall conform to the required yard space requirements for accessory buildings in the zoning district wherein located.
D. The maximum permitted lot coverage of all buildings plus any camper, travel trailer, or boat parking or storage space, shall not be exceeded.
E. Recreational equipment parked or stored shall not be connected to electricity, water, gas or sanitary facilities, and at no time shall same be used for living, lodging or housekeeping purposes in any zoning district outside of a recognized recreational travel trailer park.
F. The parking or storage of a manufactured home unit outside of a mobile home park, under these provisions, is expressly prohibited, except in conformance with this Ordinance.
SECTION 4.18. AUTOMOBILE SERVICE STATIONS AND PUBLIC GARAGES.
In order to regulate and control the problems of noise, odor, light, fumes, vibrations, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of automobile service stations; to regulate and control the adverse effects which these and other problems incidental to the automobile service station may exercise upon adjacent and surrounding areas; the following additional regulations and requirements are provided herein for automobile service stations located in any zone. All automobile service stations erected after the effective date of this Ordinance shall comply with all requirements of this section.
A. An automobile service station shall be located on a lot having a frontage along the principal street of not less than one hundred fifty (150) feet, and having a minimum area of not less than fifteen thousand (15,000) square feet.
B. An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than forty (40) feet from any street lot line.
C. All driveways providing ingress to or egress from an automobile service station shall not be more than thirty (30) feet wide at the property line. No more than one (1) curb opening shall be permitted for each fifty (50) feet of frontage or major function thereof along any street, and no more than two (2) curb openings are permitted on any street. No driveway or curb opening shall be located nearer than twenty-five (25) feet to any corner or exterior lot line, as measured along the property line.
D. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building.
E. An automobile service station located on a lot having an area of fifteen thousand (15,000) square feet shall include not more than eight (8) gasoline pumps and two (2) enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two (2) gasoline pumps and/or one (1) enclosed stall may be included with the provision of each additional two thousand (2,000) square feet of lot area.
F. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line.
G. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.
H. All automobile service stations shall conform to the regulations set forth in Act 207 of the Public Acts of 1941, State of Michigan, as amended, pertaining to the regulations of flammable liquids.
SECTION 4.19. BUILDING GRADES.
A. Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon. The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface waters from the said premises.
B. When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades.
SECTION 4.20. TEMPORARY AND PORTABLE BUILDINGS, USES, STRUCTURES AND SPECIAL EVENTS
A. The Zoning Board of Appeals may permit temporary buildings, structures, and uses for a period not to exceed six (6) months provided that all requirements and conditions relative to the type of structure and use, and timing and arrangements for termination and removal, are met. At the Township's discretion, the temporary building, structure, or use may be extended for a period not to exceed an additional six (6) months. The Zoning Board of Appeals may require safeguards related to setbacks, screening off-street parking, and other factors considered necessary to protect the health, safety, welfare and comfort of inhabitants of the Township. Further, the Zoning Board of Appeals may require site plan approval by the Township and performance guarantees as conditions of approval.
B. Mobile homes, mobile or temporary offices, trucks, truck trailers, vans or other passenger vehicles or trailers shall not be used for storage, warehousing, retail sales, services or offices, except by approval of the Zoning Board of Appeals and subject to conditions imposed by the Zoning Board of Appeals.
C. No temporary building shall be erected in any residential district unless a building permit has been issued for a permanent building on the same site. Before a certificate of occupancy shall be issued, any temporary building shall be removed from the site.
D. The Zoning Board of Appeals may permit one mobile home per lot in addition to an existing single family residence in the AG or RE districts for the exclusive use by a dependant parent of the owner of the lot. Such mobile home shall be temporary in nature, to be removed within six (6) months after the need for the dependant parent to remain no longer exists. The mobile home shall fully comply with the provisions of Section 4.44.
SECTION 4.21. BUILDINGS TO BE MOVED.
Any building or structure which has been wholly or partially erected on any premises within or outside the Township of White Oak shall not be moved to and/or placed upon any premises in the Township unless a building permit for such building or structure shall have been secured. Any such building or structures shall fully conform to all the provisions of this Ordinance in the same manner as a new building or structure.
SECTION 4.22. REMOVAL OF SOIL, SAND, CLAY, GRAVEL OR SIMILAR MATERIALS; QUARRY EXCAVATION; FILLING OPERATIONS.
From and after the effective date of this Ordinance or amendment thereto, it shall be unlawful for any person, firm, corporation, partnership, or other organization or entity to engage in or conduct a quarry excavation as defined, or strip any topsoil, sand, clay, gravel or similar material or to use lands for filling within White Oak Township without first submitting an application as prescribed to the White Oak Township Zoning Board, and procuring a permit therefore from the Township. The following regulations shall be applicable:
A. PERMITS. No permits shall be required for excavation or filling for building construction purposes, pursuant to a duly issued building permit under the White Oak Township Building Code.
B. APPLICATION. Prior to the approval and authorization of a building permit, the White Oak Township Zoning Board shall review and approve such application. A separate permit shall be required for each separate site. Each application for a permit shall be made in writing to the Township and shall contain the following information:
1. Names and addresses of parties of interest in said premises setting forth their legal interest in said premises.
2. Full legal description of the premises wherein operations are proposed.
3. Location of all buildings on the site and within five hundred (500) feet of any activity proposed for the site.
4. Detailed proposal as to method of operation, what type of machinery or equipment will be used, estimated period of time that such operation will cover, and all haul roads and truck entrance locations to be used.
5. Detailed statement as to exactly what type of deposit is proposed to be extracted or deposited.
6. A detailed restoration/relocation plan indicating how the natural resources area will be reused in a manner compatible with the Township's Land Use Plan.
7. Topographical survey map showing existing grades, maximum interim grades and final grades to be prepared by a registered civil engineer.
8. Location of all public drains on the site.
9. Such other information as may be reasonably required by the Township Zoning Board to determine whether a permit should be issued.
C. FEES. Application for a permit under this section shall be accompanied by a permit fee as established by the Township Board, the sum of which shall be used to defray administrative expenses occasioned by processing such application. A receipt shall be issued to the applicant showing the payment of said fee. Upon issuance of any permit, the fee therefor shall be paid into the General Fund of the Township.
Quarry excavation permits issued by White Oak Township shall be for a period of one (1) year from the date of the issuance, and shall be renewable upon payment of an annual inspection fee, the sum of which shall be established by the Township Board. Such permits shall be renewed as herein established, provided the permittee complies with all the provisions of this Ordinance and any other conditions set forth in the permit.
D. ISSUANCE OF PERMIT. The Township Zoning Board shall review, and approve or disapprove said application. A permit shall be issued only if the Zoning Board has determined that the issuance of the permit would not detrimentally affect the public health, safety, morals and general welfare of the citizens of White Oak Township.
E. MANDATORY REQUIREMENTS. The following requirements shall be mandatory:
1. Quarry Excavation.
a. Where an excavation in excess of five (5) feet will result from such operations, the applicant shall erect a fence with warning signs completely surrounding the portion of the site where the excavation extends, said fence will be of wire mesh or other suitable material and is to be not less than five (5) feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.
b. When operations cease at any quarry, the entire quarry excavation shall be fenced with a suitable fence, as required above and approved by the Zoning Board upon which there shall be placed and maintained appropriate signs warning the public of danger.
c. When quarrying operations result in a body of water, the owner, operator and/or permittee shall place appropriate "KEEP OUT - DANGER" signs around said premises not more than two hundred (200) feet apart.
d. Any roads used for the purpose of ingress or egress to said excavation site within three hundred (300) feet of occupied residences shall be kept dust free by hard- topping with cement, bituminous substance or chemical treatment.
e. No cut or excavation shall be made closer than one hundred (100) feet from the nearest street or highway right-of-way line nor nearer than five hundred (500) feet to the nearest residence, nor closer than one hundred (100) feet to any property line; provided however, that the Zoning Board may prescribe more strict requirements in order to give sub-lateral support to surrounding property where soil or geographic conditions warrant it.
f. The recommended slope of the banks within the second one hundred (100) feet measuring from the near edge of a public highway, or within the second one hundred (100) feet measuring from the property line of an adjoining land owner shall not exceed a minimum of one (1) foot vertical drop to each four (4) feet horizontal distance and where permanent ponded water results from the quarry operation the slope of all banks adjoining the pond must be maintained at the 1 to 4 ratio and must be extended into the water of such permanent pond to a water depth of at least five (5) feet.
g. The Zoning Board may require such other performance standards where, because of peculiar conditions, they deem it necessary for the protection of health, safety, morals and well being of the citizens of White Oak Township.
2. Regulations for Stripping or Removal Operations.
a. No soil, sand, gravel, clay or similar materials shall be removed below a point twelve (12) inches above the mean elevation of the centerline of the nearest existing or proposed street or road established or approved by the Ingham County Road Commission, except as required for the installation of utilities and pavements; provided further that where approved county drain ditches exist and/or are adjacent to the property under permit, that the grade and slope of removal will meet all requirements and approval of Ingham County Drain Commission.
b. Any roads used for the purpose of ingress or egress to said excavation site which are located within three hundred (300) feet of occupied residences shall be kept dust free by hard-topping with cement, bituminous substance or chemical treatment.
c. No soil, sand, clay, gravel or similar materials shall be removed in such manner as to cause water to collect or to result in a place of danger or a menace to the public health or safety. The premises shall at all times be graded so that surface water drainage is not interfered with.
d. Wherever topsoil exists, suitable for growing turf or for other land use, at the time the operations begin a sufficient quantity of topsoil shall be stockpiled on said site so that the entire site, when stripping or removal operations are completed, may be re-covered with a minimum of four (4) inches of topsoil and the replacement of such topsoil shall be made immediately following the termination of the stripping or removal operation. In the event, however, that such stripping or removal operations continue over a period of time greater that thirty (30) days, the operator shall replace the stored topsoil over the stripped areas as he progresses. Such replacement shall be in a manner suitable for growing turf or for other land uses.
e. The Zoning Board may require such other and further requirements as is deemed necessary in the interest of the public health, safety, morals and general welfare of the citizens of White Oak Township.
3. Regulations for Filling Operations.
a. The filling of land with rubbish or garbage or any other waste matter is hereby prohibited in areas of White Oak Township except that, such may be permitted pursuant to the terms and conditions of a permit that may be granted in a proper case by the Zoning Board.
b. No rubbish or garbage shall be burned, permitted to burn or smolder as a result of voluntary igniting of said material or as a result of involuntary internal combustion of said rubbish or fill material deposited at the site of the permitted operation.
c. The Zoning Board may require a temporary fence to be erected to prevent the scattering of rubbish, garbage and other waste material.
d. All rubbish and garbage fill when deposited must be thoroughly compacted with heavy equipment weighing not less than ten (10) tons.
e. All rubbish or garbage fill, within twenty-four (24) hours of depositing in the place or places authorized in the permit shall be covered with a layer of soil matter eighteen (18) inches thick of a kind and texture that will be suitable for growing of turf or for other land uses permitted within the District. Provided that under certain acceptable circumstances applying the standards of public health, sanitation and welfare of White Oak Township and Ingham County, the Zoning Board may extend the above twenty-four (24) hour period to such longer period as satisfactory under the circumstances.
f. All conveyance vehicles for rubbish or garbage shall not be open lid and while in transit shall be closed or covered so as to reduce odor and the scattering of the matter being carried. Any rubbish or garbage that is nevertheless dropped in transit shall be recovered by the carrier operator and the affected area restored to its prior condition. Further, any undue collection of soil matter deposited on the street or public highways by the tracking of the vehicles shall be removed by the carrier operator and the affected area restored to its prior condition.
g. Any roads used for the purpose of ingress or egress to said excavation site which are located within three hundred (300) feet of occupied residences shall be kept dust free by hard-topping with cement, bituminous substance or chemical treatment.
h. The Township may waive the regulations for filling operations above and waive the review by the Zoning Board after conducting an independent review to permit those filling operations which meet all of the following requirements:
(1) The fill material does not include garbage, rubbish, or any other waste matter.
(2) The actual area on which the filling operation is to be performed does not exceed ten thousand (10,000) square feet and does not lie within fifteen (15) feet of any property line.
(3) The fill does not alter the topography of drain easements or other public or private easements of record or cause an increase in stormwater runoff to adjacent properties. Final grades of the perimeter of the filled area must be compatible to existing grades off site.
(4) All requirements of the Michigan Department of Natural Resources must be met.
(5) The Township may require such other requirements deemed necessary for the public safety, health and welfare of the citizens of White Oak Township.
4. General Regulations: The following general regulations apply to any quarry excavation operation, stripping or removal operation, or filing operation:
a. All buildings, structures, fuel storage, active excavation areas, mining operations and storage of equipment shall be visually screened from view from all adjacent public roadways and adjacent parcels by means of a combination of earthen berms and dense year-round vegetative screening.
b. All activities including the removal of sand and gravel, ingress or egress by large vehicles or equipment, the mining or extracting of sand and gravel, processing and stockpiling, or any other operation of motor-driven vehicles, or equipment maintenance and repair shall be carried on exclusively between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday; Saturday 7:00 a.m. and 1:00 p.m.
c. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding the limits stated in Section 13.4, Table 13B, measured anywhere outside the lot line of its source.
d. Portland cement concrete batching plants and asphalt concrete mixing plats are not included in any form as a part of the operations included in this Section and are not permitted on premises.
F. SURETY BOND. The Township Zoning Board shall, to insure strict compliance with any regulations contained herein and required as a condition of the issuance of a permit either for quarrying, topsoil stripping and removal or filling operations, require the permittee to furnish a surety bond executed by a reputable surety company authorized to do business in the State of Michigan in an amount determined by the Township Board to be reasonably necessary to insure compliance hereunder. In fixing the amount of such surety bond, the Township Board shall take into account the size and scope of the proposed operation, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.
SECTION 4.23. EXCAVATIONS OR HOLES.
The construction, maintenance or existence within the Township of White Oak of any unprotected, unbarricaded, open or dangerous excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to public health, safety or welfare, is hereby prohibited; provided, however, this Section shall not prevent any excavation under a permit issued pursuant to this Ordinance, and provided further, that this Section shall not apply to streams, natural bodies of water or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the State of Michigan, the County of Ingham, the Township or other governmental agency.
SECTION 4.24. FARM PONDS.
Farm ponds which, unless otherwise determined by the Zoning Board of Appeals, shall be considered to be excavations more than two (2) feet in depth and/or more than one thousand (1,000) square feet in area which are used in support of agricultural pursuits shall be permitted by the Zoning Administrator on any farm (as defined in Article III) in the Agricultural District, subject to the issuance of a zoning permit and provided they are set back at least one hundred (100) feet from all property lines, road right-of-ways, and any dwellings, and further subject to applicable Department of Natural Resources and Conservation Service design standards.
SECTION 4.25. RECREATIONAL OR SCENIC PONDS.
Ponds excavated for recreational or scenic purposes (as distinct from farm ponds regulated under Section 4.24) will require issuance of a zoning permit. Issuance of a permit will require the applicant to provide a site plan consistent with engineering standards as put forth by applicable Department of Natural Resources and USDA Natural Resources and Conservation Services design standards.:
A. The pond must be located on a parcel of at least four (4) acres in size. Not more than one recreational or scenic pond shall be located on any one lot.
B. The pond must not have an area greater than thirty thousand (30,000) square feet and must be set back one hundred (100) feet from any property lines, road right-of-ways, or dwellings The pond must not have an area greater than thirty thousand (30,000) square feet and must be set back one hundred (100) feet from any property lines, road right-of-ways, or dwellings.
C. The pond shall not be permitted in any required front yard area.
D. The pond shall be constructed in conformance with the design standards of the Soil Conservation Service.
E. For the protection of the general public, appropriate safety measures shall be provided such as warning signs, rescue facilities, fencing, safety ramps, and so forth. Ponds with stabilized side slopes steeper than five (5) horizontal to one (1) vertical shall be completely enclosed by a chain-link fence not less than four (4) feet in height. All openings in any such fence shall be equipped with a self-closing, self-latching gate or door.
F. Written evidence shall be provided from the Ingham County Health Department that the separation distance between the pond and any septic system is sufficient, but in no case shall a pond be located closer than one hundred (100) feet to a septic system.
G. All earth excavated during construction of the pond shall not be removed from the parcel, unless it is determined by the Zoning Board that containment on the parcel could not be adequately accommodated.
SECTION 4.26. RESTORING UNSAFE BUILDINGS.
Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector or required to be brought into compliance with the Building Inspector's lawful order, except as provided in Article V.
SECTION 4.27. CONSTRUCTION BEGUN PRIOR TO ADOPTION OF ORDINANCE.
Nothing in this Ordinance shall be deemed to require any change in the plans, construction, design or use of any building upon which actual construction was lawfully begun prior to the adoption of this Ordinance, and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two (2) years from the date of passage of this Ordinance.
SECTION 4.28. VOTING PLACE.
The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with municipal or other public election.
SECTION 4.29. APPROVAL OF PLATS OR CONDOMINIUMS.
No proposed plat of a new subdivision or condominium development shall hereafter be approved by either the Township Board or the Zoning Board, unless the lots within such plat equals or exceeds the minimum size and width requirements set forth in the various districts of this Ordinance, and unless such plat fully conforms with the statutes of the State of Michigan and all other provisions of the White Oak Township Code.
SECTION 4.30. COMMUNICATION TOWERS.
All commercial radio and television, microwave, mobile phone, public utility television, and other transmitting or relay towers shall be permitted in the agricultural district subject to the following standards:
A. Such towers will be located on lots which have access to a major thoroughfare.
B. The setbacks for such towers from all abutting streets or adjacent property lines shall be a distance equal to the height of such tower.
C. An open weave, six (6) foot high chain link fence shall be constructed around the entire perimeter, in accordance with Section 4.34.
D. Such towers shall be monopoles, shall be limited in height to 100 feet and shall be of a white or silver color (not a blue or dark color) so as to blend in to the sky.
E. Such towers shall be designated and legally permitted to accommodate the co-location of other communication devices so as to minimize the number of towers in the Township thereby preserving the horizon from pollution as much as practical.
SECTION 4.31. OPEN AIR BUSINESS USES.
Open air business uses, where permitted in this Ordinance, shall be subject to the following regulations:
A. The minimum area of the site shall be ten thousand (10,000) square feet.
B. The minimum street frontage shall be one hundred (100) feet.
C. There shall be provided around all sides of the site, except at entrances, and along sides of premises enclosed by buildings, a fence five (5) feet in height in order to intercept wind-blown trash and other debris. Where the site abuts any residentially zoned district, the requirements for protective screening shall apply as specified in Section 4.32.
D. Off-street parking areas and aisles, as required under Article VI, shall be paved in accordance with the requirements of Section 6.3.
E. Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will cast direct illumination on adjacent properties.
F. Before approval is given for any use, a site plan shall be first submitted to the Building Inspector for review as to suitability of location of entrances and exits to the site, parking area, fencing, lighting, and other design features.
G. All open air business uses shall comply with all Township and County health regulations regarding sanitation and general health conditions.
SECTION 4.32. PROTECTIVE SCREENING OF NON-RESIDENTIAL AREAS FROM RESIDENTIAL AREAS.
In order to provide adequate protective screening for residential areas adjacent to non-residential areas:
A. Where a C-1 or M-1 District abuts directly upon a residential district, those districts shall be screened from such contiguous, residentially zoned district by a solid, ornamental masonry wall five (5) feet in height above grade on the property line of the commercial or industrial use int he C-1 or M-1 District.
B. If a legal commercial or industrial use existing prior to the effective date of this Ordinance is expanded, enlarged, moved or altered, the provisions of Section 4.32.A shall be enforced.
SECTION 4.33. LANDSCAPING REQUIREMENTS AND PLANT MATERIALS, BUFFER STRIP AND GREENBELT STANDARDS.
Whenever landscaping is required, it shall be in accordance with the specific standards as provided in this Section. All plant materials shall be installed within six (6) months of the date of issuance of a temporary certificate of occupancy. In the instance where such completion is not possible, a cash bond, letter of credit or corporate surety bond in an amount equal to the estimated cost of the landscape plan or portion thereof shall be deposited in accordance with Section 4.43.
A. GREENBELT OR BUFFER STRIP PLANTING: Whenever a greenbelt or buffer strip is required by this Ordinance or as a requirements of a site plan or special approval, it shall be installed so as to provide, within a reasonable time, an effective barrier to vision, light, physical encroachment, and sound. Maintenance shall be required to ensure its permanent effectiveness.
1. Greenbelt: Where required, greenbelts shall conform to the following standards:
a. The greenbelt area will be no less than twenty (20) feet in width.
b. A minimum of one (1) deciduous or evergreen tree shall be planted for each thirty (30) lineal feet or portion thereof of required greenbelt length, or alternatively, eight (8) large deciduous shrubs may be substituted for each required tree. Trees may be planted at uniform intervals, at random, staggered or in groupings.
c. Plantings should form an uninterrupted vegetative screen within two (2) years of planting.
d. The remaining ground surface area shall be seeded, sodded or planted with ground cover. Innovation and design of landscaping and berm placement is encouraged.
e. For the purposes of calculating required plant material, greenbelt length shall be measured along the exterior edge of the greenbelt.
2. Berms where provided, shall be at least two (2) feet in height and shall have a slope no greater than 1:2.5, i.e., 1 foot of vertical rise for each 2.5 feet of horizontal distance.
3. The owner of landscaping required by this Ordinance shall perpetually maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. All diseased and/or dead material shall be removed within thirty (30) days following Township notification and shall be replaced within the next appropriate planting season or within one (1) year, whichever comes first.
In the event the owner fails to maintain the landscape area in a neat and orderly manner, free from debris, the Township shall mail to the owner a written notice setting forth the manner in which there has been failure to maintain said landscaping and require that the deficiencies of maintenance be cured within thirty (30) days from date of said notice. If the deficiencies set forth in the notice shall not be cured within thirty (30) days, or any extensions thereof granted by the Township shall have the right to enter upon such property and correct such deficiencies and the costs thereof shall be charged, assessed and collected.
4. In instances where healthy plant materials exist on a site prior to its development, the Zoning Board may adjust the application of the above standards to allow credit for such plant material if such an adjustment is in keeping with, and will preserve the intent of this Ordinance.
B. PLANTING, SOIL AND DRAINAGE REQUIREMENTS: Whenever landscaping is required, the plant materials will be installed in fertile soil with good surface drainage and provided maintenance as required to ensure their health and permanence.
SECTION 4.34. FENCES, WALLS AND OTHER PROTECTIVE BARRIERS.
All fences, walls and other protective barriers (referred to in this Section as "fences") of any nature, located in the Township of White Oak shall conform to the following regulations:
A. Except on farms (as defined herein) and in the AG District, the erection, construction or alteration of any fence shall be approved by the Zoning Administrator in compliance with the provisions of this Ordinance.
B. Fences in other than AG or M-1 Districts, unless specifically provided otherwise, shall conform to the following requirements:
1. No fence shall hereafter be erected in any required yard space in excess of six (6) feet in height above the grade of the surrounding land, unless the Board of Zoning Appeals shall approve.
2. All fences hereafter erected shall be of an ornamental nature. Barbed wire, spikes, nails or any other sharp instrument of any kind are prohibited on top or on the sides of any fence, except that barbed wire cradles may be place on top of fences enclosing public utility buildings or equipment in any district or wherever deemed necessary in the interests of public safety, or protection of private property.
C. Fences in the AG and M-1 Districts may be located on property or road right-of-way lines of a lot provided that such fences shall be maintained in a good condition and shall not constitute a hazard.
D. No fence shall be erected, established or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection, with the exception that shade trees shall be permitted where all branches are not less than eight (8) feet above the road level.
SECTION 4.35. OUTDOOR TRASH CONTAINERS.
Outdoor trash containers shall be permitted in the C-1 and M-1 Districts provided that they comply with the following requirements:
A. Adequate vehicular access shall be provided to such containers for truck pickup which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby.
B. A solid ornamental screening wall or fence shall be provided around all sides of trash containers (if the container is in public view) which shall be provided with a gate for access and be of such height as to completely screen said containers, the maximum height of which shall not exceed six (6) feet.
C. There shall be compliance with all Township, County and State health ordinances and statutes.
D. Unless otherwise allowed by the Zoning Board of Appeals, any trash container shall not be located in the rear yard of the property.
SECTION 4.36. PRIVATE SWIMMING POOLS.
All swimming pools erected in the Township of White Oak shall comply with the requirements of this Section.
A. APPLICATION. The application for a building permit to construct and maintain a swimming pool shall include the name of the owner, a plot plan and location of adjacent buildings, fencing, gates, public utilities, plan and specifications to scale of pool walls, slope, bottom, walkways, and diving boards, type and rating of auxiliary equipment, piping and valve layout, and any other detailed information affecting construction and safety features affecting the public health deemed necessary by the Township.
B. POOL LOCATION. Minimum side yard setback shall comply with the provisions of the respective districts as set forth in this Ordinance. Furthermore, the pool or its fence shall not be built within the required front yard or required corner lot side yard. Rear yard setback shall not be less than four (4) feet as measured from the outside wall of the pool to the rear property line, or less than the established easement width at the rear property line. There shall be not less than four (4) feet between the wall of the pool and any building on the lot.
C. FENCE. For the protection of the general public, all swimming pools shall be completely enclosed by wood, chain link, 2" by 4" welded wire, or masonry fence, of not less than four (4) feet in height nor more than six (6) feet in height and located not less than four (4) feet and not more than fifteen (15) feet from the outside perimeter of any pool wall, provided that if a building not having any means of access thereto is located on the lot not more than fifteen (15) feet from any side of the pool, a fence shall not be required on any such side. All openings in any such fence shall be equipped with a self-closing, self- latching gate which shall be securely locked with a tamper-proof lock when the pool is not in use. The conditions described herein regarding the materials, height and setback of a fence shall not apply when said pools are located in a yard which is completely enclosed by an existing fence which is in a satisfactory condition and/or repair.
Where all parts of all sides of an above-ground pool exceed four feet above grade, a fence shall not be required if a ladder or stairs, which lifts or retracts either manually or automatically and is in good operating condition, is attached to the pool. The intent is to prevent accidental access to small children.
D. WIRING. All electrical installations or wiring in connection with below-grade swimming pools shall conform to the provisions of the White Oak Township Electrical Code. If service drop conductors or other utility wires cross under or over the proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of the swimming pool.
E. PERMIT. Upon compliance with all requirements of this Section and upon determination by the Building Inspector and the Ingham County Health Department that the proposed swimming pool will not be injurious to the general public health, safety and welfare of the Township and its citizens, the Building Inspector shall issue a permit conditioned upon compliance of the permit holder with the requirements of this Section.
F. SUPERVISION. No person shall maintain an outdoor swimming pool on his or her premises without providing adequate supervision at all times when the pool is in use so that no person may be injured or drowned therein.
G. SANITATION. No outdoor swimming pool shall be used unless adequate public health measures are periodically taken to insure that the use thereof will not cause the spread of disease. The water of all pools shall be sterilized by chlorinated water. The current standards set by the State Department of Public Health to protect public health in the use of such swimming pools are hereby adopted and made a part of this Ordinance.
SECTION 4.37. COMMERCIAL BULK STORAGE OF FLAMMABLE SUBSTANCE.
No commercial bulk storage of gasoline or flammable liquid or toxic/hazardous substance, as defined in this Ordinance, shall be made in tanks or other containers unless said tanks or containers are completely below the ground level and are leak proof unless local authority is superseded by state or federal agencies. This provision shall not apply to storage of hazardous substances on bona fide farms, as defined herein, designed for use on the same farm or by the same farm operator.
SECTION 4.38. SITE PLAN REVIEW AND APPROVAL PROCEDURES
A. STATEMENT OF PURPOSE. The purpose of site plan review is to provide for consultation and cooperation between the land developer and the Township in order to accomplish the developer's land utilization objectives in harmony with the existing and prospective use and development of adjacent properties. It shall further be the purpose of this section to insure that each proposed use and its components, appearance, and function is in compliance with this ordinance, other township ordinances and state and federal statutes. Further purposes of site plan approval shall include: privacy, efficiency for the public and local government servicing, preservation of the natural landscape, emergency access, effective drainage, vehicular and pedestrian safety and conveniences, control of temporary flooding, preventing stagnant water and ponding in intensively used areas; prevention of air, water and noise pollution; limitation of obnoxious odors, reduction of glare; exposure to toxic particles, substances and wastes.
B. SITE PLAN REVIEW REQUIRED. In the district and uses cited, no erection of any building, structural alteration of use, creation or the addition of a new use, expansion of off-street parking, or filling, grading or excavation shall be undertaken until the Township has reviewed and approved a site plan for each use. A structural alteration shall be defined as one that changes the location of the exterior walls and/or the area of the building. Filling, grading or excavation which causes more than five cubic yards of earth material to be disturbed shall require a site plan approval, unless a building permit is in effect.
C. DISTRICTS AND USES REQUIRING SITE PLAN REVIEW
1. Permitted and Special Approval Uses except single family residential or home occupations in:
Multiple-Family Residential District
Local Commercial District
Light Industrial District
General Industrial District
2. All special approval uses in all districts
3. Any use abutting a major thoroughfare except single family residential.
4. Any rezoning petition which, in the opinion of the Planning Commission, may produce a subsequent request to the Board of Appeals for a difficult or complex variance or numerous variances.
5. Uses which are regulated elsewhere in this ordinance where site plan approval is specifically required.
D. REQUIRED INFORMATION. The site plan shall contain the following information:
1. Name of development, general location sketch, name, address and phone number of owner(s), developer and designer. Date drawn and revision dates shall be indicated on the site plan.
2. The seal of one of the following professionals registered in the State of Michigan: Registered Architect, Registered Civil Engineer, Registered Landscape Architect, or Registered Professional Community Planner. The architectural plans of the buildings shall be prepared by and bear the seal of the Registered Architect. A site plan for an alteration or addition to existing structures may be prepared by the builder or contractor.
3. A legal description and address of the property in question.
4. Boundary dimensions (to the nearest foot) of the property clearly indicated on the site plan, differentiated from other contiguous property.
5. Existing zoning classification of the parcel and adjacent land uses and zoning. If the parcel is a part of a larger parcel, boundaries of total land holding.
6. To facilitate determination of off-street parking needs and similar matters, the applicant shall indicate the name and nature of the establishments proposed to occupy the buildings if this has been determined, and should indicate cases where exact occupancy has not yet been determined.
7. All plans shall include a north arrow and scale. The scale of the site plan shall be not less than 1" = 20' if the subject property is less than 3 acres, and 1" = 100' if three acres or more. All plans shall include the area of the site in square feet and acres excluding all existing and proposed public rights-of-way.
8. The dimensions of all lots and property lines, showing the relationship of the subject property to abutting properties and all required minimum setbacks from the existing or proposed right-of-way and from adjacent properties.
9. The location and dimension of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property.
10. The location and right-of-way widths of all abutting streets and alleys, and driveway locations across abutting public streets.
11. Traffic and pedestrian circulation patterns, both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any required pedestrian sidewalks.
12. Parking lots including layout and typical dimensions of parking spaces, number of spaces provided (including how computed, per ordinance requirements) and type of surfacing. (If carports, so designate).
13. Existing ground elevations on the site of an appropriate grid or contours, including existing ground elevations of adjacent land within 100 feet of the subject property and existing building, drive and/or parking lot elevations or any adjacent unusual surface conditions.
14. Proposed finish grade of buildings, driveways, walkways, parking lots and lawned areas.
15. With nonresidential proposals, the number of offices, number of employees, the number of floors and typical floor plans and cross sections.
16. Proposed sanitary sewer facilities and location of all existing utilities, easements, vacations and the general placement of lines, manholes, tap ins, pump stations, and lift stations.
17. Proposed storm sewer facilities (sewers and appurtenances) including outlets (enclosed or open ditches) and proposed methods of storm water retention on site, if any.
18. Sufficient off-site drainage basin data and estimated run off in cubic feet per second to permit review of any proposed retention of off-site drainage swale.
19. Proposed water service.
20. Locations of existing and proposed fire hydrants with reasonable access thereto for fire fighting, police and other emergency equipment.
21. Location and typical dimensions of rubbish storage areas and screening construction.
22. Elevations of proposed buildings and proposed type of building materials, roof design, projections, canopies and overhangs, screen walls and accessory buildings, and any other outdoor mechanical equipment, such as: air conditioning, heating units and transformers that will be visible from the exterior.
23. Required easements for public right-of-way, utilities, access and shared access.
24. Notation of any variances which have been secured.
25. Performance guarantees to be provided, amounts, type and length of time.
26. Soil erosion and sedimentation control measures.
27. Detailed landscaping plan indicating location, types and sizes of material, a maintenance plan and schedule for pruning, mowing, watering, fertilizing, and replacement of dead or diseased materials. Cross section of berms shall be provided.
28. Location of all existing trees over 12 inches in diameter.
29. The dimensions and locations of all signs, free-standing signs and lighting structures and shielding.
30. Types of soils; location of floodplain and wetland, if any.
31. All proposed screen and free standing architectural walls, including typical cross-sections and the height above ground on both sides.
32. The location of any outdoor storage of material(s) and the manner in which it shall be screened or covered.
33. Proposed toxic and/or hazardous waste storage and disposal plan.
34. Inventory of toxic/hazardous substances stored on site, quantity of substances, and substance names and characteristics.
35. Information on proposed method of toxic/hazardous waste storage. If an underground tank is used, the location, size, construction and use of the tank shall be specified in the site plan. A monitoring plan for underground tank usage and safety shall be included for tanks in excess of 500 gallons.
36. Proximity of toxic/hazardous waste storage facilities to natural features such as groundwater aquifers, wetlands, surface waters, etc.
37. Proximity of toxic/hazardous waste storage facilities to existing man-made features such as wells, storm sewers, storm drains, sanitary sewers, and similar underground utility lines. Proximity to planned man-made features should also be reviewed.
38. Plan for the transfer and/or transport of toxic/hazardous wastes by a licensed toxic/hazardous waste hauler to a licensed disposal facility or to a local holding facility if one exists.
39. Information and special data which may be critical to the adequate review of the proposed use and its impact on the site or Township. Such data requirements may include traffic studies, market analysis, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services and estimates of potential costs to the Township due to failures as a basis for performance guarantees.
40. Information and statement of how applicant proposes to comply with State, Local and Federal laws, as applicable to this site or use.
41. The names of any Township officials or employees who will benefit financially from the approval of the site plan shall be disclosed.
42. Other data which the Township may reasonably deem necessary for adequate review.
E. CRITERIA FOR TOWNSHIP APPROVAL OF SITE PLANS. The following criteria shall be used by the Zoning Board as a basis upon which site plans will be reviewed and approved.
The Township shall adhere to sound planning principles, yet may allow for design flexibility in the administration of the following standards:
1. All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use. The site will be developed so as not to impede the normal and orderly development or improvement of surrounding properties for uses permitted on such property.
2. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements as set forth in the Schedule of Regulations unless otherwise provided in this ordinance.
3. The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.
4. There shall be reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users.
5. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
6. Where possible and practical, drainage design shall recognize existing natural drainage patterns.
7. There shall be a pedestrian circulation system that is insulated as completely as possible from the vehicular circulation system.
8. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. Streets and drives that are a part of an existing or planned street system serving adjacent developments shall be of an appropriate width to the volume of traffic they are planned to carry and shall have a dedicated right-of-way equal to that specified in a Township recognized source of reference. The applicant may be required to dedicate adequate land and improvements to the Township in order to achieve access which is safe and convenient.
9. Appropriate measures shall be taken to insure that the removal of surface waters will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of storm-water facilities, and the prevention of erosion and dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties.
10. Off-street parking, loading and unloading areas and outside refuse storage areas, or other storage areas that face or are visible from adjacent homes, or from public thoroughfares, shall be screened by walls or landscaping of effective height. Dumpster enclosures shall have gates.
11. Exterior lighting shall be arranged so that it is deflected from adjoining properties and so that it does not impede vision of drivers along adjacent streets.
12. Adequate services and utilities including sanitary sewers shall be available or provided, located and constructed with sufficient capacity and durability to properly serve the development.
Any use permitted in any zoning district must also comply with all applicable Federal, State, County and Township health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, gases, electromagnetic radiation and drifting and airborne matter, toxic and hazardous materials, erosion control, floodplains, water management and requirements of the State Fire Marshall.
13. An objective of the site plan review shall be to prevent any discharge into the ground waters of any substance that is, or may become, injurious to the public health, safety, or welfare, or to the domestic, commercial, industrial, agricultural, recreational, or other uses which are or may be made of the groundwater.
14. An objective of site plan review shall be to protect and to promote public health, safety and general welfare by requiring the screening, buffering and landscaping of sites and parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve underground water reservoirs and return precipitation to the ground water strata; to act as a natural drainage system and solve storm water drainage problems; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values, to conserve energy, provide visual and sound privacy and to otherwise facilitate the creation of a convenient, attractive and harmonious community; to relieve the stark appearance of parking lots; and to generally preserve a healthful and pleasant environment in keeping with Township character.
15. It is an objective of site plan review to improve the quality of existing developments as they are expanded, contracted, redeveloped or changed in keeping with the predominant site development standards of the Township in rough proportion to the changes proposed.
16. All development phases shall be designed in logical sequence to insure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon improvements of a potential subsequent development.
17. All sites shall be designed to comply with State and local barrier-free requirements and to reasonably accommodate the handicapped and elderly.
F. APPLICATION FOR SITE PLAN APPROVAL. Application for site plan approval shall be made to the Township by filing of not less than ten (10) copies of the detailed site plan with the office of the Township Clerk at least 15 days in advance of the regularly scheduled Zoning Board meeting at which the plan is to be first considered are required to be paid within the fee schedule in effect as established by the Township at time application is made.
G. REVIEW OF SITE PLANS. The Clerk shall review and forward all site plans along with comments to the Township Zoning Board and Zoning Administrator for its review. The Zoning Board and Zoning Administrator shall review the plans and may solicit further comments from the Township Building Inspector and Township Engineer, Planning Consultant and other agencies, groups or persons.
H. SITE PLAN APPROVAL AND RECORD. The Zoning Board is hereby authorized to review and approve, to approve with conditions or review and deny approval, all site plans submitted under this ordinance. Guidelines for consideration of each case shall follow the zoning ordinance and any other applicable ordinances. Each action taken with reference to site plan review and approval shall be duly recorded in minutes of the Zoning Board. When the Zoning Board approves a site plan with conditions from the applicant, the Zoning Administrator shall require a revised site plan with a revision date, indicating said conditions on the site plan.
When a site plan approval is required, no building permit shall be issued until four copies of the final site plan, which includes all conditions of approval, a revision date and notation of all variances has been signed by the Zoning Board Chair, the Zoning Administrator and/or their designees. Prior to issuance of a permit, one copy of the final signed plan shall be filed with each of the following: Clerk, Zoning Administrator and the Applicant.
I. CONSTRUCTION UNDER PLAN. When an applicant receives site plan approval as provided previously herein, the applicant shall develop the site in complete conformity with the approved site plan. Complete construction plans including component phases, shall be submitted for review by the Building Inspector. Upon review and finding by the Building Inspector that the construction plans meet the requirements of Zoning Boards' site plan approval and applicable ordinances of the Township, the Building Inspector shall issue a building permit for said construction. Site Plan approval hereunder shall be valid for one year from the date of Zoning Board approval.
J. ZONING PERMIT shall be withheld by the Zoning Administrator in any case where the site plan and major conditions as approved by the Township have not been complied with. Any minor variations may be approved by the Zoning Administrator and shall be reported within ten (10) days to the Zoning Board after the issuance of a zoning permit.
SECTION 4.39. SPECIAL APPROVAL REQUIREMENTS
A. INTENT. The types of uses requiring special approval shall be deemed to be permitted uses in their respective districts, subject, as to each specific use, to satisfaction of the procedures, requirements and standards set forth in this section. Each specific use for which a permit is sought shall be considered as an individual case and shall conform to the detailed application of the following procedures and standards in a manner appropriate to the particular circumstances of such use. Each use as listed in any district requiring special approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is suggested and will not be detrimental to the orderly development of adjacent districts and uses.
B. PUBLIC HEARINGS. Upon the request for special land use authorization, a public hearing with notification as required for a notice of a request for special land use approval as provided in 4.39.C below shall be held before a decision is made on a special land use request. No decision on a special land use request shall be made unless notification of a public hearing on a special land use request is given as required.
C. PROCEDURE OF NOTICE. Upon receipt of an application for a permitted principal use permitted subject to special approval, one notice of a public hearing shall be published in the newspaper of general circulation in the Township; said notice shall be posted in the Township offices, and shall be sent by mail or personal delivery to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than 5 and not more than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:
1. Describe the nature of the special land use request.
2. Indicate the property which is the subject of the special land use considered.
3. State when and where the special land use request will be considered.
4. Indicate when and where written comments will be received concerning the request.
D. REVIEW AND APPROVAL. The Zoning Board shall review and recommend to the Township Board action on the request. The Township Board may deny, approve, or approve with conditions, requests for special land use approval. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.
E. SITE PLAN REVIEW AND INFORMATION REQUIRED. For all special approval uses, a site plan shall be required and submitted in accordance with Section 4.38 of this ordinance. Approval shall run with the land and shall not be issued for specified periods, unless the use is temporary or time-related in nature.
F. PERFORMANCE GUARANTEES. Performance guarantees may be required by the Township Board to insure compliance with special approval conditions, in accordance with Section 4.43.
G. STANDARDS. In addition to specific standards which may be applicable, the following standards shall serve the Township Board as the basis for decisions involving special land uses and other discretionary decisions contained in this ordinance. Each proposed use or activity shall:
1. In location, size and intensity of the principal and/or accessory operations, be compatible with adjacent uses and zoning of land;
2. Be consistent with and promote the intent and purpose of this ordinance;
3. Be compatible with the natural environment and conserve natural resources and energy;
4. Be consistent with existing and future capabilities of public services and facilities affected by the proposed use;
5. Protect the public health, safety, and welfare as well as the social and economic well-being of those who will use the land use or activity, residents, businesses and landowners immediately adjacent and the Township as a whole;
6. Promote the use of land in a socially and economically desirable manner;
7. Not be in conflict with convenient, safe and normal neighborhood vehicular and pedestrian traffic routes, flows, intersections, and general character and intensity of neighborhood development.
8. Be of such a design and impact that the location and height of buildings; the location, nature and height of walls or fences; and the nature and extent of landscaping on the site shall not hinder nor discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
9. In the nature, location, size and site layout of the use, be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and characteristic groupings of uses of said district.
10. In the location, size, intensity and site layout be such that operations will not be objectionable to nearby dwellings, by reason of noise, fumes, glare or flash of lights.
H. RECORD. All conditions imposed with respect to the approval of a use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Township Board and the applicant. The Township Board shall maintain a record of changes granted in conditions.
SECTION 4.40. KEEPING OF HORSES, LIVESTOCK
AND OTHER ANIMALS
A. 1. In the RE and RM districts, horses and other livestock may be kept on any lot with a minimum area of two (2) acres. The maximum number of animals allowed shall be in accordance with the following schedule:
HORSES, Two (2) acres for the first animal and one (1) animal per
PONIES, each one (1) acre thereafter.
COWS & OTHER
SIMILAR FOUR-
LEGGED ANIMALS:
PIGS, SHEEP, GOATS: Two (2) per acre. If a combination of horses, cows, sheep, goats and pigs are to be maintained two (2) sheep, goats or pigs may replace either cow or a horse in the total number allowed as indicated above.
POULTRY: Thirty-five (35) per acre, in any combination, in addition to other livestock.
2. In the Agricultural district the number of horses, livestock and other animals permitted shall be consistent with RTFA/GAAMPS: Right to Farm Act/Generally Approved Agricultural Management Practices.
B. All animals shall be properly fenced and contained.
C. Barns suitable for housing of animals and storage of the necessary hay and grain they consume may be constructed on the premises in accordance with this Ordinance. All barns and outbuildings shall require a zoning permit. When such buildings abut a residentially zoned or used lot, barns and outbuildings shall conform to minimum setback requirements for principal residential buildings.
D. Lots on which animals are kept shall be fenced. Special training or exercising corrals shall be located not less than one hundred (100) feet from any lot line.
E. Except on farms, accumulations of manure shall be limited to a single designated area and shall be a minimum of 150 feet from all public rights-of-way, a minimum of 100 feet from side and rear lot lines, and a minimum of 100 feet from all dwellings. All manure and stable refuse shall be treated and handled in a manner so as to control odor and flies and shall be screened from view off-site.
F. Other animals which are not specifically permitted hereunder are prohibited except for pets and other animals permitted by the Zoning Board of Appeals and under conditions designed to protect the public health, safety and welfare.
SECTION 4.41. SIGNS.
A. FINDINGS PERTAINING TO SIGNS. It is hereby determined that regulating the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to prevent wasteful use of natural resources in competition among businesses for attention, to prevent hazards to life and property and to assure the continued attractiveness of the community and to protect property values. It is further determined that signs which may lawfully be erected and maintained under the provisions of this Ordinance are consistent with customary usage.
B. DEFINITIONS
1. On-Premises Sign, means a sign which advertises only goods, services, facilities, events or attractions available on the premises where located, or identified the owner or occupant or directs traffic on the premises. All other signs are off-premises signs.
2. Premises, means a lot as otherwise used in this Ordinance.
3. Temporary Signs are signs for which a permit has been issued by the Zoning Administrator for a maximum period of two (2) months.
4. Political Signs: A sign commenting on the election or appointment of a person, or an issue or a matter to be voted upon by a public body.
C. DISTRICT REGULATIONS
1. Signs Permitted in the AG District. On-premises signs are permitted having an area not exceeding 1 square foot for each ten (10) feet of street frontage with a maximum of 100 square feet for each sign. Signs permitted by this section are exempt from the front setback requirements.
2. Signs Permitted in the RE, R-M Districts. One sign identifying each subdivision or mobile home park per vehicle entrance, having an area not exceeding 20 square feet and a height not exceeding 8 feet, is permitted. During development of a subdivision or other property for a period not exceeding two years, one sign, having an area not exceeding 50 square feet and a height not exceeding 12 feet, is permitted in the subdivision, together with signs having an area not exceeding 6 square feet each and a height not exceeding 6 feet, directing the public to or identifying models. Signs permitted by this section are exempt from the setback requirements.
3. Signs Permitted in the C-1 District. On-premises signs are permitted having an area not exceeding 3 square feet for each 10 feet of street frontage or 30 square feet for each acre (or fraction) of area of the lot, whichever is larger. Where any lot has more than one occupant, permitted area shall be divided among them in the same proportion as floor space and outdoor sales space is occupied by them. The minimum height and setback rules pertaining to buildings are applicable to signs.
4. Signs Permitted in the M-1 District. On-premises signs are permitted having an area not exceeding 6 square feet for each 10 feet or fraction thereof of street frontage, or 60 square feet for each acre or fraction thereof of the premises, whichever is larger. No sign shall have an area exceeding 100 square feet. Where any lot has more than one occupant, the total permitted sign area shall be divided among the occupants in the same proportion as floor space and outdoor sales space on the premises is occupied by them. Signs shall be subject to the height and setback rules applicable to buildings in the zoning district where located.
D. OTHER SIGN PROVISIONS
1. Exemptions From Sign Regulations. Signs having an area of not more than 6 square feet each, the message of which is limited to warning of any danger, prohibition or regulation of the use of property or traffic or parking thereon, or advertising the premises for sale or rent; signs located on motor vehicles or trailers bearing current license plates which are traveling or lawfully parked upon public highways, or lawfully parked upon any other premises where the primary purpose of such parking is not the display of any sign and where the number of vehicles bearing a sign or signs of any one advertiser does not exceed one; church or institutional bulletin board without interior illumination having an area not exceeding 32 square feet; on any election day, signs advocating or opposing a candidate for public office or a position on an issue to be determined at the election located at least 100 and not more than 200 feet from any entrance to a polling place; signs visible only from the premises on which located or visible off the premises only through a window or windows; signs posted by duly constituted public authorities in pursuance of their public duties are exempt from regulation under this ordinance.
2. Temporary Signs. Temporary signs other than political signs covered under Section 4.40(d)11., shall be authorized by the Building Inspector for not more than two months at a time by written permit which shall show the size, shape, content, height, number, type of construction and location of such signs and the period during which authorized, upon a finding by the Building Inspector, on the basis of written information furnished by the applicant that the proposed sign or signs are for the direction and/or information of the public and not contrary to the spirit and purpose of this Ordinance, and upon payment of a fee set by the Township Board of each permit and renewal. If such signs are placed on public property the Building Inspector shall remove them without notice.
3. Non-Conforming Signs
a. It is intended to eliminate nonconforming signs, except as otherwise specifically set forth in this section, as rapidly as the police power of the Township permits. Any lawfully erected sign maintenance of which is made unlawful by this Ordinance may continue to be maintained exactly as such existed at the time when the maintenance thereof became otherwise unlawful under the provisions of this Ordinance.
b. No non-conforming sign:
(1) Shall be changed to another non-conforming sign;
(2) Shall have any changes made in the words or symbols used or for message displayed on the sign unless the sign is an off-premises advertising sign, or a bulletin board, or substantially similar type of sign, specifically designed for periodic change of message;
(3) Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;
(4) Shall be re-established after the activity, business or usage to which it relates has been discontinued for 60 days or longer; or
(5) Shall be re-established after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of the reproduction cost.
c. The Zoning Board of Appeals shall permit variances from subsection (2) of this section or variances permitting the erection or maintenance of a non-conforming sign only upon the grounds established by law for granting of zoning variances upon a finding that the grant of a variance will reduce the degree of non-conformance of an existing sign or will result in the removal of one or more lawfully non-conforming signs and replacement by a sign or signs more in keeping with the spirit, purpose and provisions of this Ordinance.
4. Obsolete Signs. It is unlawful to maintain for more than 30 days any sign which has become obsolete because of discontinuance of the business, service or activity which it advertises, removal from the location to which it directs or for any other reason. The fact that an obsolete sign is non-conforming shall not be construed as modifying any of the requirements of this section.
5. Permission of Owner or Occupant. It is unlawful to erect or maintain any sign on any property, public or private, without the consent of the owner or occupant thereof.
6. Restrictions on Movement. It is unlawful to erect or maintain any sign, except a cloth flag moved only by natural wind, which moves or has any visible moving or animated parts or image, whether movement is caused by machinery, electronics or otherwise, including swinging signs. It is unlawful to erect or maintain strings of flags or streamers.
7. Illumination. It is unlawful to erect or maintain any illumination sign where the light source moves or is not of constant intensity and color, or where any light bulb can shine directly into the eyes of any occupant of any vehicle traveling upon any highway, driveway or parking area or into any window of any residence within 200 feet, of where the illumination interferes with the visibility or readability of any traffic sign or device.
8. Exceptions. Paragraphs 6. and 7. shall not be applied to prevent the erection or maintenance of Christmas lights each year or signs which convey changing information such as time or temperature.
9. Signs Located on or Projecting Over Public Property. It is unlawful to erect or maintain any sign on, over or above any public land or right-of-way if any part of such sign extends more than four feet over such land or right-of-way, is less than nine feet above ground level or has an area exceeding eight square feet. Signs placed upon a public right-of-way contrary to the provisions of this Ordinance shall be removed by the Building Inspector without notice. This Ordinance does not apply to signs posted by duly constituted public authorities in the performance of their public duties. A provision of this sort allows small signs to enable pedestrians walking down a sidewalk to look ahead for the store they are seeking without creating an unattractive sign alley.
10. Billboards. All off-premises signs placed contrary to the provisions of these regulations, but in accordance with the Highway Advertising Act of 1972 (P.A. 106 of 1972) shall be set back 75 feet from any public right-of-way.
11. Political Signs: Political signs shall be permitted subject to the following conditions:
a. Maximum Area and Number: No more than four (4) political signs shall be placed on any lot, and the area of each sign shall not exceed sixteen (16) square feet. Political signs shall not be located closer than fifteen (15) feet to the edge of the traveled portion of the roadway and not in a dedicated right-of-way or attached to any utility pole. Political signs shall be ground or wall signs. No ground sign shall be higher than forty-eight (48) inches above average mean grade of the yard on which it is placed.
b. Political signs shall be removed within ten (10) calendar days after the election or event to which it relates. Signs that express an opinion unrelated to an election date are limited to a period of display not to exceed thirty (30) days (whether consecutive or not) in one (1) calendar year on any premises.
c. Such signs shall not be erected in such a manner that they will or reasonably may be expected to interfere with, obstruct, confuse or mislead traffic.
SECTION 4.42. MANUFACTURED HOUSING OUTSIDE MOBILE HOME PARKS.
A. Intent Manufactured houses shall be permitted in all zoning districts wherein conventionally on-site built single-family dwellings are a principal permitted use, subject to the following standards, which are intended to:
1. establish Township aesthetic standards for manufactured houses in a reasonable code; and,
2. assure that the manufactured house will be comparable with site-built housing in size, safety and attractiveness; and,
B. Regulations Said manufactured houses shall:
1. comply with all the minimum requirements of Article VIII, Schedule of Regulations.
2. in order to have a minimum core living area, a minimum width of twenty (20) feet along all exterior elevations, with minimum of twenty (20) feet at the required front set-back and a minimum of interior floor to ceiling height of seven and one-half (7 1/2) feet;
3. be firmly attached to a permanent foundation constructed on the site in accordance with the Township Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a masonry perimeter wall;
4. be so placed and situated so that all wheels shall be removed and the towing mechanisms, underside, or chassis of mobile homes shall be completely enclosed and connected to the foundation;
5. be connected to public sewer and water service or to private facilities approved by the Ingham County Health Department.
6. have no additions of rooms or other areas which are not constructed of similar materials, appearance, and quality of workmanship as the original structure, including foundation and permanent attachment to the principal structure;
7. be constructed to the most current State or Federal Building Standards. These include the Michigan Construction Code Act of 1972 (Act 230, P.A. 1972, as amended) and the National Manufactured Housing Construction and Safety Standards Act of 1979, as amended;
8. be aesthetically compatible in design and appearance with on-site built homes; and all dwellings include;
- front and rear or front and side exterior doors,
- permanently attached steps or porch where a difference in elevation requires same,
- a pitched roof no less than 12:4;
9. have construction commenced only after a building permit has been obtained in accordance with the Township Building Code;
10. be placed upon the site in such a way that its design and appearance shall be compatible with surrounding single-family dwellings constructed on-site in compliance with the district's zoning regulations.
11. The foregoing standards shall not apply to a mobile home single-family dwelling located within a licensed mobile home park except to the extent required by State law or otherwise specifically set forth in the Township ordinance pertaining to such parks.
C. Any use of a manufactured home for other than a single-family dwelling is not permitted, such prohibition shall include: motels, rowhouses, apartments, use for the sale or processing of farm products, housing of seasonal employees, dairying, kennels, greenhouses, nurseries, multiple (including two-family) family dwellings and similar non-single family residential uses.
SECTION 4.43. PERFORMANCE GUARANTEES.
A. To insure compliance with this Zoning Ordinance and any conditions imposed under this Zoning Ordinance, including conditions of the site plan approval, special approval and street access approval, the Township Zoning Board may require that financial security acceptable to the township Treasurer be deposited with the Township Treasurer to insure faithful completion of improvements as defined in (B) below. The amount of the cash deposit, certified check or irrevocable bank letter of credit shall be determined by the Township Zoning Board, and shall cover the estimated cost of improvements associated with a project and other reasonable incidental costs associated therewith, for which approval is sought.
B. "Improvements" means those features and actions associated with a project which are considered necessary by the Township Zoning Board to protect natural resources, or the health, safety, and welfare of the residents of the Township and future uses or inhabitants of the proposed project or project area, including roadways, lighting, utilities, landscaping, paving of parking and circulation areas, sidewalks, screening, and drainage. "Improvements" does not include the entire project which is the subject of the approval.
C. The performance guarantee shall be deposited with the Township Treasurer at the time of the issuance of the permit authorizing the activity or project.
D. The applicant shall be required to provide the performance guarantee or financial security in one or a combination of the following arrangements, whichever the applicant elects.
1. Irrevocable letter of credit: An irrevocable letter of credit issued by a bank authorized to do business in Michigan in an amount to cover the cost of the contemplated improvements as estimated by the Township.
2. Escrow fund: A cash deposit, or deposit by certified check sufficient to cover the cost of the contemplated improvements as estimated by the Township shall be deposited with the Township Treasurer. The escrow deposit shall be for the estimated time period necessary to complete the required improvements.
E. In the case of cash deposits, the Township Clerk shall rebate or release to the applicant, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project, after approvals described below.
F. Completion of Improvements and Acceptance for Maintenance of Required Public Improvements.
1. Certification by the Developer's Engineer. The applicant shall furnish the Township Treasurer a letter or document signed by a registered engineer indicating satisfactory completion of the required improvements.
2. Inspection of Public Improvements by the Township's Engineer. After the completion of the construction of the required public improvements, the Township Engineer or the County, State or Federal agency with jurisdiction to grant approval or accept, shall conduct a final inspection. This inspection shall be made to assure the improvements are completed according to the approved plans and specifications.
3. Partial Street. In no case will a partial street be accepted for maintenance.
G. In case the applicant shall fail to complete the required improvements within such time period as required by the conditions or guarantees as outlined above, the Township Board may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit or certified check, or by drawing upon the letter of credit.
H. Prior to the acceptance by the Township of public improvements, a three year maintenance bond in an amount equal to 35 percent of the total cost of the public improvements shall be deposited with the Township Treasurer by the applicant.
I. This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to the Subdivision Control Act, No. 288 of the Public Acts of 1967, as amended, being section 560.101 to 560.293 of the Michigan Compiled Laws.
SECTION 4.44. HOME OCCUPATION.
This type of business shall be permitted in AG and RE zoning districts subject to the following conditions:
A. No article or service shall be sold or offered for sale on the premises except such as is produced by such occupation.
B. No home occupation shall be conducted in any accessory building.
C. Such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customarily in residential areas.
D. No home occupation shall generate other than normal residential traffic either in amount or type.
E. Parking needs generated by a home occupation shall be provided for in an off-street parking area, located other than in a required front yard.
F. Employees shall be limited to those people residing in the primary structure.
G. One (1) non-illuminated nameplate, not more than six (6) square feet in area is permitted and shall contain only the name and occupation of the resident of the premises.
H. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
I. Child-care centers, adult-regulated uses, tea-rooms, veterinarian's office, tourist homes, animal hospitals, kennels, millinery shops, barbershops and beauty shops among others, shall not be deemed to be home occupations.
J. Home occupations shall include, but not be limited to, such businesses as insurance sales and adjusting, consulting, professionals such as a certified public accountant, taxidermy, tradesperson, electrician, and similar professions, provided that 4.44.A through G above are met.
SECTION 4.45. ADULT-REGULATED USES.
A. INTENT AND RATIONALE. In the development and execution of this Ordinance and this Section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances, thereby having deleterious effect upon adjacent areas. Special regulations of these uses is necessary to insure that these adverse effects will not contribute to the blighting, deterioration and/or down-grading of the area, and that area adjacent thereto. These special regulations are itemized in this Section.
It is recognized in the development of this Ordinance that the prohibition against the establishment of more than one adult-regulated use within 1,200 feet of each other serves to avoid the clustering of a blighted or deteriorated area frequented by vagrants, and the like; such prohibition further serves to avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of Adult-Regulated Uses (as defined in this Ordinance) immediately adjacent to residential neighborhoods; such prohibition further serves to prevent the deleterious effect of blight and devaluation of recreational, educational and/or religious uses. It is further recognized in the development of this Ordinance and this Section that concern for, and pride in, the orderly planning and development of the neighborhood and area should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood and area.
B. ITEMIZATION OF "ADULT REGULATED USES". Uses as defined in this Ordinance, subject to the controls set forth in this Section shall be as follows, and are referred to herein as "Adult Regulated Uses".
1. Adult Book Store
2. Adult Mini-Motion Picture Theater
3. Adult Motion Picture Theater
4. Amusement Gallery
5. Cabaret
6. Massage Parlor
7. Modeling Studio
C. REQUIREMENTS:
1. The adult regulated use shall be located only in a C-1, Local Commercial District and shall not be located within 400 feet of the property line of any other zoning district.
2. The structure of any adult regulated use shall be at least 2,640 feet from the nearest property line of any public, private or parochial school, library, park, playground or other recreational facility which admits minors, day-care center, or nursery schools; and at least 2,640 feet from the nearest property line of any church, convent, monastery, synagogue, or other similar place of worship, except as provided below.
3. Application to establish any adult regulated use shall not be approved if there is already in existence, or a site plan approved and effective for one or more adult regulated use within 1,200 feet of the boundaries of the site of the proposed adult regulated use, except as provided below.
4. The measurement used to determine the application of any of the above restrictions shall be made from the nearest boundary line of the proposed adult regulated use on a plane to the nearest boundary line of the use in connection with which the measurement is being taken.
D. APPLICATION AND REVIEW:
1. Any person desiring to establish an adult regulated use shall submit an application for special use approval to the Township Clerk, who shall place the application on the Zoning Board agenda for formal receipt at the next regular meeting.
2. A date for public hearing shall be set by the Zoning Board. The public hearing of the Zoning Board shall be conducted as soon as reasonably possible, and in any event shall not exceed forty-five (45) days from the filing of the application.
3. Notice of public hearing shall be published, mailed and delivered as required by Section 4.39.B and C of this ordinance.
4. The Zoning Board shall recommend to the Township Board approval of the application at the public hearing if all of the following findings are made:
a. All locational requirements of this Section 4.45.C above are met.
b. The site layout and its relation to streets giving access to it, shall be such that vehicular and pedestrian traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be clearly hazardous, endangered, or inconvenient to the neighborhood. In applying this standard the Zoning Board shall consider, among other things: convenient routes for pedestrian traffic, the relationship of the proposed use to main vehicular traffic thoroughfares and to streets and road intersections, and the intensity of the existing and potential development of the neighborhood. The Zoning Board shall determine that the proposed use will not have a clear detrimental effect.
c. The proposed use will not clearly cause a nuisance, and/or harm the public health, safety and general welfare and/or an unreasonable diminution to the value of other property in the immediate area.
5. The Zoning Board shall waive the locational provision requiring minimum distances between adult regulated uses and a public, private or parochial school, library, park, playground, or other recreational facility, which admits minors, day-care center or nursery school, church, or other similar place or worship, if all of the following findings are made after public hearing:
a. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Ordinance will be observed; and,
b. That the proposed use will not contribute to, create, enlarge and/or encourage a blighted or deteriorated area; and,
c. That all applicable regulations of this Ordinance will be observed; and
d. There is no other reasonable location in the Township at which the use is suited.
6. Prior to granting a permit for any adult regulated use, the Township Board may impose any such conditions or limitations authorized by law in connection with the granting of special uses.
E. DISCONTINUANCE. An adult regulated use granted pursuant to the terms of this Ordinance may not be re-established after discontinuance for a period of 90 consecutive days without a new grant of special use approval by the Township Board pursuant to the procedures of Section 4.39.
SECTION 4.46. CONDOMINIUM PROJECTS.
The following regulations shall apply to all condominium projects within the Township:
A. PRELIMINARY REVIEW-INITIAL INFORMATION REQUIRED. The following information with respect to any condominium project shall be provided to the Township Clerk for preliminary review by the Zoning Board, Zoning Administrator and Building Inspector prior to formal site plan review, by any persons intending to develop a condominium project, concurrently with the notice required to be given the Township pursuant to Section 71 of Public Act 59 of 1978, as amended (MCL 559.171):
1. The name, address and telephone number of:
a. All persons with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, leasee, or land contract vendee).
b. All engineers, attorneys, architects or registered land surveyors associated with the project.
c. The developer or proprietor of the condominium project.
2. The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.
3. The acreage area of the land on which the condominium project will be developed.
4. The purpose of the project (for example, residential, commercial, industrial, etc.).
5. Approximate number of condominium units to be developed on the subject parcel.
6. Whether or not a community water system is contemplated.
7. Whether or not a community septic system is contemplated.
B. SITE PLAN REVIEW AND ENGINEERING REVIEW. After preliminary review by the Zoning Board and prior to recording of the Master Deed required by Section 72 of Public Act 59 of 1978, as amended (MCL 559.108), the condominium project shall undergo site plan review and approval pursuant to Section 5.41 of this Ordinance. In addition, the Township shall require appropriate engineering plans and inspections prior to the issuance of any Certificates of Occupancy.
C. INFORMATION TO BE UPDATED. All information required to be furnished under this section shall be kept updated until such time as a Zoning Permit has been issued pursuant to Section 14.4 of this Ordinance.
D. SITE PLAN REVIEW FOR EXPANDABLE OR CONVERTIBLE PROJECTS. Prior to expansion or conversion of a condominium project to additional land the new phase of the project shall undergo site plan review and approval pursuant to Section 4.38 of this Ordinance.
E. MASTER DEED, RESTRICTIVE COVENANTS AND "AS BUILT" SURVEY. The condominium project developer or proprietor shall furnish the Building Inspector with the following: One (1) copy of the proposed Master Deed, one (1) copy of all proposed restrictive covenants and two (2) copies of an "as built survey" for review by the Zoning Board prior to site plan approval. The "as built survey" shall be reviewed by the Township Engineer for compliance with Township Ordinances. Fees for this review shall be established by resolution of the Township Board. One (1) copy of the recorded Master Deed and all restrictive covenants shall be filed with the Township prior to the issuance of any Zoning Permit.
F. MONUMENTS REQUIRED - SITE CONDOMINIUM PROJECTS. All condominium projects which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this subsection.
1. Monuments shall be located in the ground and made according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.
2. All monuments used shall be made of solid iron or steel bars at least one-half (1/2) inch in diameter and thirty-six (36) inches long and completely encased in concrete at least four (4) inches in diameter.
3. Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and at the intersection of all limited common elements and all common elements.
4. If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.
5. If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half (1/2) inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight (8) inches.
6. All required monuments shall be placed flush with the ground where practicable.
7. All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least eighteen (18) inches long and one-half (1/2) inch in diameter, or other approved markers.
8. The Township Board may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one (1) year, on the condition that the proprietor deposits with the Township Clerk cash or a certified check, or irrevocable bank letter of credit running to the Township, whichever the proprietor selects, in an amount not less than Twenty-Five dollars ($25.00) per monument and not less than One Hundred Dollars ($100.00) in total. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.
G. MONUMENTS REQUIRED - ALL CONDOMINIUM PROJECTS. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of Section F.2 above.
H. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW. All condominium projects shall comply with Federal and State Statues and local ordinances.
I. STATE AND COUNTY APPROVAL. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the fresh water system for the proposed project and with regard to the waste water disposal system for the proposed project.
J. TEMPORARY OCCUPANCY. The Township may allow temporary occupancy of the Condominium project for a period of no longer than six (6) months before all improvements required by this Ordinance are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the Temporary Occupancy Permit without expense to the Township.
K. SINGLE FAMILY DETACHED CONDOMINIUMS. Single family detached condominiums (also referred to as site condominiums) shall be subject to all requirements and standards of the applicable RE and R-M Districts including minimum floor area requirements, but not including minimum lot size. For the purpose of computing density, the number of condominium units per gross acre shall not exceed the following:
|
Zoning District |
|
Maximum Number of Dwelling Units Per Acre |
|
RE |
|
1.00 |
|
R-M |
|
4.80 |
Building envelopes and condominium lot boundaries shall be depicted on the site plan to assure that the minimum requirements set forth in Article VIII for front yard, rear yard, side yard (least one), and total of two (2) side yards can be met.
L. STREET AND ROAD REQUIREMENTS IN ALL CONDOMINIUM PROJECTS. All streets and roads in a condominium project shall, at a minimum, conform to the standards and specifications promulgated by the Ingham County Road Commission.
M. After submittal of the condominium plan and by-laws as part of the Master Deed, the proprietor shall furnish to the Township a copy of the site plan on a mylar sheet of at least thirteen by sixteen (13 x 16) inches with an image not to exceed ten and one-half by fourteen (10 1/2 x 14) inches.
SECTION 4.47 STATE LICENSED RESIDENTIAL CARE FACILITIES
A. State licensed child and adult care facilities, as defined in Article 3, Definitions, are allowed within a residential structure only as provided for in the following table.
|
Type of facility |
Zoning District |
|
|
|
AG and RE |
RM |
|
Adult foster care family home (6 or fewer adults) |
Permitted |
Permitted |
|
Adult foster care small group home (12 or fewer adults) |
Special Use |
Special Use |
|
Adult foster care large group home (13 to 20 adults) |
Not Allowed |
Special Use |
|
Foster family home (4 or fewer children 24 hours per day) |
Permitted |
Permitted |
|
Foster family group home (5 to 6 children 24 hours per day) |
Special Use |
Permitted |
|
Family day care home (6 or fewer children less than 24 hours per day) |
Permitted |
Permitted |
|
Group day car home (7 to 12 children less than 24 hours per day) |
Special Use |
Special Use |
Permitted: Permitted by right.
Special Use: May be allowed upon review and approval of a Special Land Use Permit, in accordance with the standards of Section 4.39, Special Approval Requirements.
Not Allowed: Not allowed in zoning district.
B. The Township Board shall not grant special use approval for an adult foster care large group home or small group home unless the following conditions can be met:
1. The lot containing the proposed adult foster care large group home or small group home shall not be located closer than 1500 feet to any other lot containing an adult foster care group home or foster care family home.
2. The facility will not result in an excessive concentration of adult care facilities within a neighborhood.
C. Child care centers, and day care centers shall be subject to the minimum requirements of the District in which they are located , State licensing requirements, and the following additional standards.
1. The number of children permitted for child care centers and day care centers shall not exceed one child per five hundred (500) square feet of usable lot area. The number of children permitted for group day care homes shall be subject to the provisions of State licensing requirements.
2. A fenced play area of one hundred (100) square feet per child shall be provided.
3. The site shall be designed to minimize nuisance to adjoining property and protect the safety of children using the facility.
SECTION 4.48 EXOTIC ANIMALS
No person shall sell, keep, board, house, possess or maintain within the Township any of the following life forms: lions, tigers, bears, poisonous reptiles, alligators, crocodiles, poisonous fish, insects, arachnids or any other wild, undomesticated or untamed animals. This section shall not de deemed to prohibit a circus, zoo, menagerie, serpentarium, aquarium, laboratory or department or agency of community and human services from keeping the above where the same are securely confined under the care and custody of an attendant insuring the public that the public will not be harmed; provided further that this section shall not apply to the keeping of birds, dogs, cats or other harmless and domesticated pets as defined herein.
SECTION 4.49 WELLS
A. Special Use Approval Required
1. Any structure associated with a well whose regulation is not pre-empted by the Michigan Department of Natural Resources, the Environmental Protection Agency or the Ingham County Health department shall be permitted in any zoning district only after special use approval.
2. Special use approval for such structures shall be granted by the Zoning Board subject to the conditions and standards of section 4.39, parts G1 through G10.
3. Special use approval may include a provision for an "abandonment or reclamation plan" and may require a financial performance guarantee for removal of any associated structures following well abandonment as allowed under Section 4.43 Performance Guarantees.
B. Exceptions Any structure associated with any water supply well is not subject to the above (Section 4.49 paragraph A) requirements.