ARTICLE
4 - GENERAL PROVISIONS
4.00
4.0
GENERAL PROVISIONS
4.1 USE
REGULATIONS
Nothing in this Ordinance shall be construed to prohibit the following
accessory uses:
1.
Customary refreshment and service uses and buildings which are incidental
to the recreational use of any park or recreational area, not to exceed one
hundred eighty (180') square feet in floor area.
2.
Buildings or structures necessary for provision of essential services.
3.
Gardens, garden ornaments and usual landscape features within required
yard space.
4.
Fences, walls, and screens within required yard space.
5.
Retaining walls.
6.
Public playgrounds.
7.
Off-street parking for licensed automobiles, recreational vehicles and
other motor vehicles not including trucks over one and one half (1.5) ton rated
capacity.
8.
Use of premises as a voting place.
9.
Storage sheds, playhouses, and shelters for transit or school bus
passengers.
10.
Radio or TV antennas.
11.
Swimming Pools
B.
DUMPING OF SOIL, SAND, CLAY MATERIALS
The extensive dumping of soil, sand, clay or
similar materials shall not be allowed on any lot or parcel without approval of
the Planning Commission and subject to the requirements set forth by the
Planning commission.
C.
EXCAVATION AND HOLES
The construction, maintenance, or existence of
unprotected or unbarricaded holes, pits, wells, building pads, or similar
excavations which cause, or are likely to cause a danger to life, health, and
safety to the general public shall be prohibited.
This section shall not, however, prevent any excavation which is required
for constructing, remodeling, or expanding structures,
or for industrial or farming operations, including the mining of sand and
gravel, provided appropriate precautionary measures, such as the placement of
warning signs, fences, etc., have been approved by the Zoning Administrator and
placed on the premises. Nothing in
this section shall apply to bodies of water, ditches, streams, or other major
natural resources created or existing by the authority of the State of
Excavation resulting from the extraction of sand,
gravel, or other minerals for commercial purposes shall be required, upon
termination of such activities for a period of one (1) year or more, to be
refilled by the person, firm or corporation engaging in such excavation.
The excavated site shall be graded and returned, as far as possible, to
its natural state, including planting of vegetation indigenous to the area,
within ninety (90) days after the one (1) year anniversary of termination of
excavation or extraction activities. If the site is immediately vacated after
termination of activities, the site shall be graded and returned to its natural
state within ninety (90) days after activities are terminated. In all other
instances in which excavation of holes for construction or remodeling has
occurred, the filling and grading of such holes shall occur as soon as
practical.
D. STORAGE,
DUMPING OF WASTE, JUNK, ETC.
The use of land or water resources for the dumping
or disposal of scrap iron, metal, rubber, plastic refuse, junk, slag, ash shall
not be permitted, except in such cases where a temporary permit is obtained from
the Zoning Administrator, upon approval of the Planning Commission, after a
public hearing and in accordance with Part 115 of the Michigan Natural
Resources and Environmental Protection Act as amended.
Such permit shall not exceed one (1) year from the date of issuance and
may be renewed on an annual basis only after approval is granted by the Planning
Commission.
BOND/AGREEMENT. An
appropriate bond and agreement shall be required of the applicant to ensure
compliance with the directives set forth by the Planning Commission. Such
dumping or disposal shall not negatively affect the water table, or cause
pollution of stagnant or running water in any area of the Township or attract
rodents, vectors or other nuisances so as to create health or safety problems to
the natural environment and the inhabitants of the Township.
Nor shall the natural terrain be altered in any fashion to create safety
or health hazards at the expiration date of the permit. The character of the
land shall not be substantially altered so as to make it unusable for the uses
for which it was originally zoned.
E.
TEMPORARY USE PERMIT
The Zoning Administrator may issue temporary use
permits for the following uses after determining that these uses will not be
detrimental to adjacent conforming uses during the permitted period of use.
A second temporary use permit may be issued by the Zoning Administrator
at the end of a time limit if the applicant shows good cause.
The Zoning Administrator may attach the conditions and requirements
deemed necessary to meet the intent of the provisions of this section.
A third temporary use permit may only be authorized by the Zoning Board
of Appeals.
1.
Mobile homes.
An individual mobile home or other temporary structure may be used as
temporary living or working quarters for up to ninety (90) days while a
dwelling or structure is being constructed or reconstructed on the same
premises.
2.
Signs and
supplies. The storage of building
supplies and machinery; temporary storage buildings; the assembly of materials
associated with a customary trade; and contractor, architect, and identification
signs in connection with a construction project, may be authorized by the
Building Department for a period of up to twelve (12) months.
F.
ZONING AFFECTS EVERY STRUCTURE AND USE OF PROPERTY
Except as specified, no building, structure, land or premises shall be
used or occupied, and no building or part of a building or other structure shall
be erected, raised, moved, placed, reconstructed, extended, enlarged, or
altered, unless it conforms with the regulations of the district in which it is
located.
4.2 GENERAL
DEVELOPMENT REGULATIONS
A.
MIXED OCCUPANCY
Before issuing a zoning permit for any construction
for any premises that is: 1) intended for a combination of dwelling and
commercial or dwelling and industrial occupancy, 2) which would result in an
increased number of dwelling units within a building partly occupied by business
or industrial use; or 3) which would result in an increased area devoted to
business or industrial use, within a building partly occupied as a dwelling, the
Zoning Administrator shall refer the plans to the Fire Chief and Health
Department for their review of any existing or anticipated fire or health
hazards. Recommendations as to additional provisions or changes in the interest
of safety or health shall be complied with before issuance of a permit.
B.
PRIVATE ROADS
Private roads are prohibited in
C.
PUBLIC NUISANCE, PER SE
Any building or structure which is erected,
altered, or converted, or any use of premises or land which is begun or changed
subsequent to the time of passage of this section and in violation of any of the
provisions thereof, is hereby declared to be a public nuisance per se, and may
be abated by order of any court of competent jurisdiction.
D. REVERSION
OF REZONED AREA
In the case of land which has been approved for a
zoning change, construction on the parcel must begin within a period of one year
from approval of the zone change. If
construction does not commence within this period, the Planning Commission may
initiate a rezoning to return the land to the previous zoning designation, or to
another designation. The process for
returning the land to its previous zoning designation must comply with the
amendment process provided in this Ordinance.
Upon adoption of this Ordinance, sidewalks are
required in accordance with the Tittabawassee Township Sidewalk Ordinance.
F.
STREETS
To provide for the public health and welfare
through adequate light and ventilation and for the safety of persons and
property in the use of the streets of the Township, all public streets platted,
laid out, or dedicated and accepted by the Township
shall have a right of way width of at least sixty-six (66’) feet.
4.3 STRUCTURE
REGULATIONS
A.
ABANDONED BUILDINGS AND STRUCTURES
Any building or structure not in continuous use as defined by Permitted, Special Land Use, or nonconforming uses in any district for a period greater than six (6) months shall be considered abandoned and come under the provisions of this ordinance and other Township codes for buildings and structures. In order to obtain a certificate of occupancy as a use in the future, once six (6) months have passed, the building or structure shall have to meet all the current standards of all applicable Township codes.
B.
No accessory building or structure may be built
upon any lot on which there is no principal building. Accessory structures and
buildings may not be inhabited. No
accessory building (except for school bus shelters) shall be placed in any
required front or side yard nor closer than ten feet to any other building.
See Article 13, Area, Height and Distance Regulations for additional
requirements.
Accessory Buildings include but are not limited to:
1.
Customary
refreshment and service uses and buildings that are incidental to the
recreational use of any park or recreational area.
2.
Buildings or
structures necessary for the provision of essential services.
3.
Gardens, garden
ornaments and usual landscape features within required yard space.
4.
Fences, walls,
and screens within required yard space.
5.
Retaining
walls.
6.
Public
playgrounds.
7.
Off-street
parking for licensed automobiles, recreational vehicles and other motor vehicles
not including trucks over one and one half (1.5) ton rated capacity.
8.
Home
occupations.
9.
Use of premises
as a voting place.
10.
Storage sheds,
playhouses, and shelters for transit or school bus passengers.
11.
Radio or
television antennas.
12.
Swimming pools.
13.
Front yard
handicap access facilities in residential districts, when proof of need in
shown.
1.
BUILDING PERMITS REQUIRED. Any construction related to any type of zoning
administrative approval shall be commenced only after a building permit has been
obtained.
2.
3.
OCCUPANCY PERMIT. Upon completion of a structure and all required site
improvements per approved site plan, and before moving into a building in any
district, an occupancy permit is required
D.
BUILDING SITE AND STORAGE REQUIREMENTS
1.
EXTERIOR LIGHTING. All lighting for parking areas or for the external
illumination of building or for the illumination of signs shall be directed away
from and shall be shielded from adjacent districts and shall also be arranged so
to not adversely affect driver visibility on adjacent thoroughfares.
2.
CORNER CLEARANCE. No fence, wall, shrubbery, sign or other obstruction to
vision above the height of three (3') feet from the established street grades
shall be permitted within the triangular area formed at the intersection of any
street right-of-way lines by a straight line drawn between said right-of-way
lines at a distance along each line of thirty (30') feet from their point of
intersection.
3.
STORAGE OF GARBAGE. All garbage and rubbish must be stored in closed
containers or in a dumpster. In the
AG, R and Commercial districts, all containers and dumpsters must be fully
screened and secured with a locked gate. In
the industrial districts, garbage containers and dumpsters must not be visible
from the road. If the dumpster or
storage containers are already screened by an opaque fence or other suitable
means, to be determined by the Planning Commission, additional screening is not
required. Garbage may be stored in a building until the time of collection. No
garbage or rubbish may be stored for a period of more than two weeks, or so as
to cause hardship, health hazard, or annoyance to adjoining properties.
4.
FENCES, WALLS AND NONBOTANICAL SCREENS. In all agricultural, residential
and commercial districts, no fence, wall or hedge plantings shall exceed a
height of three (3') feet within street side yard or front yard setbacks of any
street right-of-way line, except on a corner lot. Fences, walls or structural
screens shall not exceed three (3') feet in any front yard or six (6') feet in
any side or rear yard. Fences which
enclose public or institutional uses, playgrounds or public landscaped areas,
shall not exceed eight (8') feet in height and shall not obstruct vision.
Any building or structure which has been wholly or
partially erected on any premises located within or outside the Township shall
not be moved and/or be placed upon any premises in the Township unless there is
full compliance with Township ordinances. Any
such building or structure shall fully conform to all provisions of
this ordinance and applicable housing codes, and be compatible with the
general character and design of surrounding properties.
Such compatibility shall first be determined by the Zoning Administrator
after reviewing the structure and site. The
Zoning Administrator's determination may be appealed to the Zoning Board of
Appeals within fifteen (15) days of receipt of the determination.
Compatibility shall be based upon the definition of "dwelling"
and the character of similar structures located within two thousand (2,000)
feet, in the same zoning district. The application for a permit to move a
building shall require a fee, which shall be determined by the Township Board.
Surface drains, ground water drains, and foundation
or footing drains shall be connected whenever possible to an enclosed storm
sewer, but they shall not discharge to a sanitary sewer or private waste water
treatment plant.
The following standards shall be applied to each
dwelling unit constructed or placed in the
1.
It complies with the minimum square footage requirements of Article 13
for the zone in which it is located.
2.
It has a minimum width across any section of twenty (20’) feet and
complies in all respects with the Township building code, including minimum
heights for habitable rooms. Where a
dwelling is required by law to comply with any federal or state standards or
regulations for construction, and where the standards of construction are less
stringent than those imposed by the Township building code, then the more
stringent Township regulations shall apply.
3.
It is firmly attached to a permanent foundation, constructed on the site
in accordance with the Township building code and co-extensive with the
perimeter of the building, which attachment shall also meet all applicable
building codes and other state and federal regulations.
4.
It does not have exposed wheels, towing mechanism, undercarriage, or
chassis.
5.
The dwelling is connected to a public sewer and water supply or to
private facilities approved by the
local Health Department.
6.
The dwelling contains storage area either in a basement located under the
dwelling, in an attic area, in closet areas, or
in a separate structure being of standard construction similar to or of
better quality than the principal dwelling.
The storage shall be in addition to the space for
the storage of automobiles and shall be equal to not less than fifteen
(15%) percent of the minimum square footage requirement of Article 13 for the
zone in which the dwelling is located. In
no case, however, shall more than two hundred (200) square feet of storage area
be required by this provision.
7.
The dwelling is aesthetically compatible in design and appearance with
other residences in the vicinity, with either a roof overhang of not less
than six (6”) inches on all sides, or alternatively with window sills
and roof drainage systems concentrating roof drainage along the sides of the
dwelling. Also, not less than two
exterior doors, with one being in the front of the dwelling and the other being
either at the rear or side of the dwelling, and with permanently-attached steps
or ramps connected to the exterior door areas or to porches connected
to the door areas where a difference in elevation requires these steps or
ramps.
8.
The compatibility of design and appearance shall be determined in the
first instance by the Building Official upon review of the plans submitted for a
particular dwelling, subject to appeal by an aggrieved party to the Zoning Board
of Appeals within a period of fifteen (15) days from the receipt of notice of
the Building Official’s decision. Any
determination of compatibility shall be based upon the standards set forth in
the definition of DWELLING as well as the character of residential development
outside of mobile home parks within two thousand (2,000’) feet of the subject
dwelling where the area is developed with dwellings to the extent of not less
than twenty (20%) percent of the
area, or where the area is not so developed, by the character of residential
development outside of mobile home parks throughout the Township.
The foregoing shall not be construed to prohibit innovative design
concepts involving such matters as solar energy, view, unique land contour, or
relief from the common or standard designed home.
9.
The dwelling contains no additions or rooms or other areas except those
which are constructed with similar materials, are similar in appearance, and
have similar quality of workmanship as the original structure, including the
above-described foundation and permanent attachment to the principal structure.
10.
The dwelling complies with
all pertinent building and fire codes including, in the case of mobile homes,
the standards for mobile home construction as contained
in the United States Department of Housing and Urban Development (HUD)
regulations entitled "Mobile Home construction and Safety Standards,"
effective
11.
The foregoing standards shall not apply to a mobile home located in a
licensed mobile home park except to the extent required by the state or federal
law or otherwise specifically required in the code of the Township pertaining to
these parks
H. HEIGHT AND AREA ZONING EXCEPTIONS
The height and area requirements of all zones shall
be subject to the following exceptions:
1.
HEIGHT. Height exceptions
include parapet walls not exceeding four (4’) feet in height; chimneys;
cooling towers; elevator bulkhead; fire towers; gas tanks; grain elevators;
stacks; stage towers or scenery lofts; flour mills; food processing plants;
television antennas; refineries; tanks; water towers; radio towers; ornamental
towers; monuments; cupolas; domes and spires; necessary mechanical
appurtenances; and additions to existing buildings which now exceed the height
limitations of the zone district.
2.
PERMITTED YARD ENCROACHMENTS. The following items shall be considered to
be accessory structures, even though they may be attached to a principal
building, and may project into
required side or rear yards for the principal building.
(a)
Open porches, paved terraces and patios, provided the following
restrictions apply. NOTE: Enclosed porches are considered to be part of the
principal building, subject to all yard, setback and area requirements.
(1) The
highest finished elevation of the paved area or porch is not over three (3) feet
above the average surrounding finished grade.
(2) If
roofed, a porch is unenclosed, and the roof is no higher than one (1) story. A
roofed area may not exceed ten (10%) percent of the required side or year yard.
(3) If
unroofed, paved areas or porches may have non-continuous wind breaks or walls
not over six (6') feet high and not enclosing more than one half (1/2) the
perimeter of the paved area or porch.
(b)
Structural elements such as cornices, sills, chimneys, gutters, and
similar features projecting a maximum of two and one-half (2.5') feet.
(c)
Fire escapes, outside stairways, and balconies, if of open construction,
projecting a maximum of five (5') feet.
(d)
Signs.
I. RESTORING
UNSAFE BUILDINGS
Nothing in this ordinance shall prevent the
strengthening or restoring to a safe condition of any part of any building or
structure declared unsafe by the Zoning Administrator.
Any such strengthening or restoring shall be in accordance with the
building code of the Township.
J. ROOF AND
SURFACE DRAINAGE
If a building is equipped with gutters or other
means for collection of roof water, the downspouts and/or roof water conductor
pipes shall be discharged on unpaved ground or paved surface at a distance of at
least three (3') feet from the building wall. Further the grade line at the
building wall shall be sloped away from the wall at the rate of at least one
inch per foot (1": F), for a minimum of five (5') feet. Where settlement of
the ground has occurred at the building wall, then the property owner is
required to add fill to correct the condition to conform with this requirement.
1.
SMOKE. It shall be unlawful for any person, firm or corporation to permit
the emission of any smoke from any source whatever to a density greater than
that density described as No. 1 of the Ringlemann Chart; provided that the
following exceptions are permitted; smoke, the shade or appearance of which is
equal to, but not darker than No. 2 of the Ringlemann Chart for a period, or
periods, aggregating four minutes in any thirty (30) minutes. Method of
measurement: For the purpose of grading the density of smoke, the Ringlemann
Chart, as now published and used by the U.S. Bureau of Mines, shall be the
standard. The Umbrascope readings of smoke density may be used when correlated
with Ringlemann's Chart.
2.
DUST, DIRT AND FLY ASH. No person, firm or corporation shall operate or
cause to be operated, maintain or cause to be maintained, any process for any
purpose, or furnace or combustion device for the burning of coal or other
natural or synthetic fuels, without maintaining and operating, while using said
process or furnace or combustion device or contrivance to reduce the quantity of
gas-borne or airborne solids or fumes emitted into the open air, which is
operated in conjunction with said process, furnace or combustion device so that
the quantity of gas-borne or airborne solids shall not exceed 0.20 grains per
cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.
These regulations shall not be construed to preclude standard accepted farm
practices.
Method of measurement: For the purpose of determining the adequacy of
such devices, these conditions are to be conformed to when the percentage of
excess air in the stack does not exceed fifty (50%) percent at full load. The
foregoing requirement shall be measured by the A.S.M.E. Test Code for
dust-separating apparatus. All other forms of dust, dirt and fly ash shall be
completely eliminated insofar as escape or emission into the open air is
concerned. The Building Inspector may require such additional data as is deemed
necessary to show that adequate and approved provisions for the prevention and
elimination of dust, dirt, and fly ash have been made.
3.
GLARE AND RADIOACTIVE MATERIALS. Glare from any process (such as or
similar to arc welding or acetylene torch cutting) which emits harmful rays
shall be performed in such a manner as not to extend beyond the property line,
and as not to create a public nuisance or hazard along lot lines. Radioactive
materials and wastes, and including electromagnetic radiation such as X-ray
machine operation, shall not be emitted to exceed quantities established as safe
by the U.S. Bureau of Standards, when measured at the property line.
4.
DUMPING OF HAZARDOUS / RADIOACTIVE WASTES.
Dumping of hazardous waste materials and/or nuclear wastes shall not be
allowed within
5. NOISE. No operation or activity shall be carried out which causes or creates measurable noise levels exceeding the maximum sound pressure levels prescribed below, measured on or beyond the boundary lines of said districts.
Maximum Permitted Sound Pressure Levels in Decibels
Octave Band 1-1,
1-2
(Cycles Per Second H2)
Day
Night
------------------------------------------------------------
00 to 74
76
70
75 to 149
70
62
150 to 299
64
56
300 to 599
57
49
600 to 1199
51
44
1200 to 2399
45
39
2400 to 4799
38
33
4800 and above
36
31
(a)
A db(A) scale will be used (for monitoring purposes). Sounds of very
short duration, which cannot be measured accurately with the sound level meter,
shall be measured by an impact noise analyzer; and the measurements so obtained
may be permitted to exceed the maximum levels provided in Tables A and B by no
more than five (5) decibels. For purposes of this ordinance, impact noises shall
be considered to be those noises whose peak values are more than seven (7)
decibels higher than the values indicated on the sound level meter.
(b)
Where street
traffic noises directly adjacent to the boundary line exceed these maximum
permitted levels, the intensity levels permitted may then exceed those levels
specified in the tables but may not exceed the level of the subject adjacent
street traffic noise.
Maximum
Permitted Sound Pressure Levels in Decibels
(Post
1600 Preferred Frequencies)
Center Frequency
1-1,
1-2
(Cycles
Per Second H2)
Day
Night
---------------------------------------------------------------------------
3.15
77
72
63
73
68
125
67
62
250
62
57
500
55
50
1000
51
46
2000
44
39
4000
37
32
8000
33
28
In addition, sounds of an intermittent nature, or
characterized by high frequencies, which the Building Inspector deems to be
objectionable in adjacent districts, shall be controlled so as not to generate a
nuisance in adjacent districts, even if the decibel measurement does not exceed
that specified in those tables.
6.
VIBRATION. Machines or operations which cause vibration shall be
permitted, but no operation shall be permitted to produce ground transmitted
oscillations which cause a displacement exceeding that specified in the
following tables as measured at the property line. These vibrations shall be
measured with a seismograph or accelerometer; preferably the former. For
purposes of the ordinance, steady state vibrations are vibrations which are
continuous, or vibrations in discrete impulses more frequently than sixty (60)
per minute. Discrete impulses which do not exceed sixty (60) per minute shall be
considered impact vibrations.
Maximum
Permitted Steady State
Vibration in Inches
Frequency
Cycle
(Cycles
Per Second)
1-1, 1-2
--------------------------------------------------------------------------------------------
10 and below
0.001
10 to 19
0.0008
20 to 29
0.0005
30 to 39
0.0003
40 and above
0.0001
Between the hours of
Maximum
Permitted Impact Vibration in Inches
|
Frequency Cycle (Cycles Per Second) |
I
- Industrial District |
|
10
and below
|
0.002 |
|
10
to 19
|
0.0015 |
|
20
to 29 |
0.001 |
|
30
to 39 |
0.0005 |
|
|