ARTICLE VI: GENERAL
PROVISIONS
Section
6.01 Intent
and Purpose
The following general
provisions establish regulations, which are applicable in all zoning districts
unless otherwise indicated.
Section
6.02 Keeping of Animals
A. Wild
animals: No wild animal nor vicious animal shall be kept permanently or
temporarily in any district in the Township accept in an bona fide public zoo
or bona fide licensed circus, or by a person licensed by the State of Michigan
to temporarily harbor and treat injured animals or animals designated as
belonging to an endangered species until release into a permanent habitat is
possible.
B. Livestock: The
raising and keeping of livestock, and/or small animals such as poultry,
rabbits, and goats may be conducted on a lot of two (2) acres or larger in the
RR, Rural Residential and SR, Suburban Residential districts. Further, all such
raising and keeping or killing and dressing of poultry and animals processed
upon the premises, shall be for the use or consumption by the occupants of the
premises.
1. Animals
shall be owned and managed by the occupants of the premises.
2. The
occupants of the premises shall keep the odor, sounds and movement of the
animals from becoming a nuisance to adjacent properties.
3. No
storage of manure, odor or dust producing materials or use shall be permitted
within one hundred (100) feet of any adjoining lot line.
4. Animal
density shall not exceed 1.4 animal units per acre, except for private stables
as provided in Section 8.01.D.2 and Section 8.02.D.1.
C.
Household
pets: The keeping of household pets,
such as dogs, cats, and other animals generally regarded as household pets is
permitted as an accessory use in any residential zoning district provided that
the number of pets, except as provided below for dogs, does not exceed eleven
(11). If more than three (3) dogs are kept as household pets, none of the dogs
kept shall be counted as a household pet nor be considered a permitted
accessory use but instead the owner must obtain a hobby kennel permit as
provided herein.
D.
Hobby
kennels: The keeping of more than
three (3) dogs, but less than eleven (11) shall only be allowed subject to the
hobby kennel provisions of this ordinance and issuance of an appropriate permit
by the Township. Hobby kennels are permitted subject to the special conditions
in the Rural Residential (Section 8.01) and Suburban Residential District (Section
8.02). Hobby kennels are permitted only by special use permit in the Urban
Residential District (Section 8.03)
and are subject to the requirements of Section 17.19.B.
E.
Commercial
kennels: The keeping of eleven (11)
or more dogs shall be subject to the commercial kennel provisions of this
ordinance. Commercial kennels are only permitted by special use permit in the
Rural Residential (Section 8.01.E) and Suburban Residential (Section 8.02.E)
Districts and are subject to the requirements of Section 17.19A.
Section
6.03 Essential Services
Essential services shall be
permitted as authorized and regulated by law and other ordinances of the
Township, it being the intention hereof to exempt such essential services from
the application of this Ordinance, except that essential services do not
include public facilities separately regulated by Section 17.25 and
communication towers regulated by Section 17.10.
A. Classification:
A swimming pool shall be considered as an accessory building for the purposes
of determining required yard spaces. If the swimming pool is enclosed by a
roof, the enclosure area shall be included in the calculation of lot coverage.
B. Application:
The application for a land use permit to erect a swimming pool shall include
the name of the owner, the manner of supervision of the pool, a plot plan, and
location of adjacent buildings, fencing, gates, and other detailed information
affecting construction and safety measures deemed necessary by the Zoning
Administrator.
C. Fencing: Yard
areas with pools are to be fenced to discourage unsupervised access.
1. Such
fencing is to be a minimum of four (4) feet high, and equipped with a
self-closing and self-latching gate.
2. Latching
devices are to be located at a minimum height of three (3) feet above the
ground.
3. Such
fencing may be omitted where building walls without doorways abut the pool
area, provided that the entire perimeter of the pool area is secured.
4. Above
ground swimming pools with sides four (4) feet or more above grade, do not
require fencing but do require a removable access ladder that lifts for safety.
D. Placement:
No swimming pool shall be located in any easement.
E. Setbacks:
No swimming pool shall be located in any front yard.
F. Lighting:
No lights shall be erected, operated or maintained in connection with a
swimming pool in such a manner as to create an annoyance to surrounding
properties.
G. Overhead
Wiring: Service drop conductors and any other open overhead wiring shall
not be above a swimming pool.
No existing building or
other structure within or outside of the Township shall be relocated upon any
parcel or lot within the Township unless the building design and construction
are compatible with the general architectural character, design and
construction of other structures located in the immediate area of the proposed
site; the building and all materials therein are in conformity with the
Building Code enforced in the Township; and the building or structure can be
located upon the parcel and conform to all other requirements of the respective
zoning district.
Section
6.06 Temporary Uses and
Buildings
All temporary uses and
buildings are permitted in all districts unless otherwise provided or otherwise
limited herein. Temporary buildings not greater than three hundred (300) square
feet in area and not to be used for dwelling purposes may be placed on a lot or
parcel of record and occupied only under the following conditions as authorized
by a temporary land use permit issued by the Zoning Administrator.
A. Fire
Damage: During renovation of a permanent building damaged by fire. The
temporary building must be removed when repair of fire damage is complete, but
in no case shall it be located on the lot or parcel for more than ninety (90)
days.
B. New
Construction: Temporary buildings incidental to construction work, except
single-family residences. Said temporary buildings shall be removed within
fifteen (15) days after construction is complete, but in no case shall the
building or structure be allowed for more than twelve (12) months, unless
expressly authorized after petition to the Zoning Board of Appeals.
C. Churches
and Schools: Temporary building incidental to a church or school, provided
that all wiring, plumbing, fire protection and exits are approved by the Fire
Chief and Building Inspector, and by relevant state agencies.
D. Habitation
of
E. Garage
Sales: Garage sales, rummage sales, yard sales, moving sales, and similar
activities shall be considered temporary uses within any residential zoning
district subject to the following conditions:
1. Any
garage sale, rummage sale or similar activity shall be allowed without a
temporary land use permit for a period not to exceed four (4) days within a six
(6) month period. Such activities in operation for a period of time in excess
of four (4) days shall require a temporary land use permit from the Zoning
Administrator.
2. In no
instance shall more than four (4) garage sales, rummage sales or similar
activities be held in any one location within any twelve (12) month period.
F. Outdoor
Display of Merchandise: Outdoor display and sales of merchandise is
permitted within the Highway Service District, but is limited to two (2) events
per calendar year, not exceeding four (4) consecutive days, limited to only
merchandise customarily sold on the premises by a permanently established
business on that lot.
G. Temporary Real Estate Offices: Temporary real estate offices are permitted within
approved development projects. No cooking or sleeping accommodations shall be
maintained. The permit shall be valid for not more than one (1) year, but is
renewable. The office shall be removed upon completion of the development. A
model home may be used as a temporary real estate office.
H. Auctions:
The public sale of property to the highest bidder shall be permitted for not
more than five (5) days. No sales activity shall occur within thirty (30) feet
of any road right-of-way.
I. Temporary
Dwellings: The following temporary dwellings may be permitted
provided the proposed dwelling meets the intent and requirements of one of the
following subsections.
1. Emergency
Housing: For construction of a new single-family dwelling or when a
dwelling is destroyed by fire, collapse, explosion, act of God, or acts of a
public enemy to the extent that it is no longer safe for human occupancy, as
determined by the Building Inspector, a temporary dwelling permit may be issued
by the Zoning Administrator or Township Supervisor to allow a mobile home less
than twenty (20) feet in width to be placed on the property upon the request of
the owner. Said permit shall be in effect for no more than one (1) year, any
extension must be approved by the Zoning Board of Appeals based upon a
showing of good cause as to why an extension should be granted, who may grant
the same for a period of not more than one (1) year during which time a
permanent dwelling shall be erected on the property.
2. Medical
Reasons: A person(s) may make application to occupy a mobile home as an accessory use to the
principal dwelling if a medical condition exists such that the intended
occupant requires continued supervision. A licensed physician, stating the
nature of the disorder and specifying the level, shall attest to such medical
condition and type of continued care needed by the patient. A temporary
dwelling permit shall be granted if adequate evidence of the need for supervision exists.
Such permit issued to the party with the medical condition is for the
applicant's use only and is not transferable to any other owner or occupant.
The permit shall expire in one (1) year, and an extension of one (1) year may
be issued upon review and a finding that the original conditions exist. All temporary dwellings shall be located
within two hundred (200) feet of the dwelling occupied by the person providing
the continued supervision and no closer than thirty (30) feet to an abutting
lot line.
3. Conditions:
A temporary dwelling permit shall be granted provided the following conditions
are met:
a. Evidence
that the proposed location of the temporary dwelling will not be detrimental to
property within three hundred (300) feet.
b. Proposed
water supply and sanitary facilities have been approved by the Livingston
County Health Department.
c. Proposed
temporary dwelling unit meets the requirements of the Building Code in effect
in
d. All
applicable dimensional requirements within said district shall apply to
temporary dwellings.
J. Performance
Guarantee: A performance guarantee shall be required in the form of cash or
check and shall be deposited with the Township Clerk in an amount equal to the
estimated cost of removing any temporary building and any associated legal
fees. The Township Board shall set the amount of the performance guarantee. The
applicant shall similarly sign an affidavit holding the Township harmless
against any claim for damages if the Township were to subsequently use the
performance guarantee to remove the temporary structure after its authorized
period had expired and the applicant had failed to remove the temporary
structure according to the terms established by the Township and/or had failed
to remove the temporary structure upon notice by the Township to remove the
structure. The performance guarantee shall be returned when all the terms and
conditions of the temporary land use permit have been met and the temporary use
or building has been removed.
K. Application:
A temporary land use permit may be approved, modified, conditioned, or denied
by the Zoning Administrator. The Zoning Administrator may refer the application
to the Planning Commission for a recommendation before issuance of the permit.
L. Permits:
A written temporary land use permit will be issued for all temporary uses and
buildings if the use and/or building meets the terms and conditions hereof and
shall contain the following information:
1. The
applicant's name.
2. The
location and effective dates of the temporary use or building.
3. Conditions
specified by which the permit was issued, such as:
a. use
and placement of signs.
b. provision
for security and safety measures.
c. control
of nuisance factors.
d. submission
of performance guarantee.
4. Signature
of the Zoning Administrator on the permit.
M. Conditions
of Approval:
1. The
nature and intensity of the temporary use and the size and placement of any
temporary building shall be planned so that the temporary use or building will
be compatible with existing development.
2. The
parcel shall be of sufficient size to adequately accommodate the temporary use
or building.
3. The
location of the temporary use or building shall be such that adverse effects on
surrounding properties will be minimal, particularly regarding the traffic
generated by the temporary use or building.
4. Off-street
parking areas are of adequate size for the particular temporary use or building
and properly located and the entrance and exit drives are laid out so as to
prevent traffic hazards and nuisances.
5. Signs
shall conform to the provisions of this Ordinance. (See Article XV, Section
15.02.)
6. Any
lighting shall be directed and controlled so as to not create a nuisance to
neighboring property owners.
7. The
Zoning Administrator may impose conditions with the issuance of the permit
which is designed to insure compliance with the requirements of this Ordinance.
The Zoning Administrator may revoke a permit at any time for nonconformance
with the requirements of this Section, any conditions imposed by the Zoning
Administrator or the permit issued thereunder.
8. Permits
which are renewable shall have an application filed for renewal at least
fifteen (15) days prior to the expiration date of the current permit, except
that applications for renewal or extension of a permit for less than fifteen
(15) days may be applied for no later than three (3) days prior to the
expiration date of the current permit.
N. Revocation:
Upon expiration or revocation of a temporary land use permit, the temporary use
shall cease and all temporary buildings shall be removed from the parcel of
land. A temporary land use permit may be revoked or modified by the Zoning
Administrator upon a finding of any one of the following:
1. That
circumstances have changed.
2. That
the temporary land use permit was obtained by misrepresentation or fraud.
3. That
one (1) or more of the conditions of the temporary land use permit have not
been met; or,
4. That
the use is in violation of any statute, Ordinance, law, or regulation.
O. Appeal:
An appeal of a decision by the Zoning Administrator relative to denial of a
temporary land use permit for a temporary use or renewal thereof may be taken
to the Zoning Board of Appeals pursuant to
Section 5.05 of this Ordinance.
Section
6.07 Accessory Uses and Structures
Accessory buildings, structures and uses are
permitted only in connection with and on the same lot with a principal
building, structure or use, provided such buildings, structures and uses are
incidental to the principal building or use and does not include any activity
conducted as a living quarters, except for farms or other uses otherwise
permitted in this Ordinance that may be permitted on a separate lot in
conjunction with the permitted activity, and shall be subject to the following
regulations:
1.
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