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Chesterfield |
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Code of Ordinances |
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Code of Ordinances |
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Chapter 76. Zoning |
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Article IX. Agricultural and Residential Districts |
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76-331. Provisions applicable to agricultural and residential districts. |
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(a)
Accessory structures.
[Amended 8-21-2017 by Ord. No. 167] (1)
Accessory structures, except as otherwise permitted in this
chapter, shall be subject to the following regulations:
a.
Where the accessory structure is structurally attached to a
main building, it shall be subject to and must conform to all regulations
of this chapter applicable to the main building, except as specifically
cited herein.
b.
Accessory structures shall be consistent with the character
and materials of the principal structure.
c.
Pole barns shall only be permitted on residential parcels of
one acre or more.
(2)
Location requirements.
a.
Detached accessory structures shall not be located in any required
yard except for the rear yard, unless specifically cited herein.
b.
A detached accessory structure shall not be located closer than
six feet to any main building.
c.
Accessory structures on parcels up to one acre shall not be
located closer than three feet to any side lot line, or seven feet
to any rear lot line.
d.
On parcels over one acre, all accessory structures shall be
a minimum of 10 feet from any side or rear lot line.
e.
Accessory structures greater than 16 feet in height shall be
a minimum of 20 feet from any side or rear lot line.
f.
In no instance shall an accessory structure be located within
a utility easement or any dedicated easement right-of-way.
(3)
Accessory structures on corner lots shall maintain the specified
front setback from both streets, as required for main buildings in
the same zoning district.
(4)
In AG, R1-A, R1-B, and R1-C Districts, the following regulations
shall apply:
a.
Excess floor area for existing garages that exceed 920 square
feet shall be included in the calculations used to determine maximum
allowable size of accessory buildings.
b.
Existing accessory structures may limit future lot splits if
the accessory structures exceed the maximum allowable area for accessory
structures on the proposed lot. The Zoning Board of Appeals shall
not grant variances for existing accessory buildings which exceed
the maximum allowable area in order to facilitate a proposed lot split.
c.
Maximum height is measured as the vertical distance to the highest
point of the roof for flat roofs; to the deckline of mansard roofs;
and to the average height between eaves and the ridge for gable, hip
and gambrel roofs, measured from the curb level if the building is
not more than 10 feet from the front lot line or from the grade in
all other cases.
d.
Second story floor area shall not count toward the allowable
square footage of the structure.
e.
No more than the equivalent of three standard single-car garage
doors or openings designed to facilitate the entry and exit of three
vehicles simultaneously shall be facing a road frontage on the same
plane. A standard single-car garage door shall be nine feet in width
by eight feet in height.
(5)
No accessory building shall occupy a lot or parcel unless and
until a principal building occupies the site. Should the principal
structure be removed or rendered unusable for a period exceeding two
years, the accessory structure shall be removed from the site. The
accessory structure shall not be utilized during the period the principal
structure is removed or unusable. A principal structure shall be determined
unusable if a certificate of occupancy is not secured for the building.
(6)
Vehicles and containers shall be prohibited for use as accessory
buildings.
(7)
Over-the-road truck trailers, shipping containers, other enclosed
trailers, and similar vehicles and containers shall not be permitted
to be used as accessory buildings/structures in any zoning district.
(8)
Accessory buildings shall be incidental to the principal permitted
use and shall not involve any business, profession, trade or occupation,
unless specifically approved by the Planning Commission.
(9)
Accessory buildings shall be compatible with the character and
materials of the principal building. All exposed walls shall have
a finished appearance by the application of face brick, decorative
block, wood, aluminum, vinyl or composition siding, and shall have
a proper foundation and/or rat wall as required by the Building Department.
(10)
Accessory buildings with under 24 square feet of floor area
and with a height no greater than 10 feet shall not be regulated by
the Township. Any such structure shall meet the location requirements
of Subsection (a)(2).
(11)
With respect to this section, accessory buildings for those
premises abutting Anchor Bay and the Salt River south of Callen's
Road shall not be located in the front yard (waterfront).
(12)
One accessory structure per parcel may be permitted one overhang,
awning, lean-to, or similar structure, in the same character as the
attached structure, which does not extend beyond 12 feet from the
attached-to structure, nor exceed 25% of the allowable floor area
of the attached-to structure.
(13)
Each parcel may be permitted one gazebo or similar structure
(as determined by the Building Official) not to exceed 200 square
feet or 12 feet in height. This shall not count towards the total
allowable area of accessory buildings.
(14)
Accessory buildings in the mobile home park district shall be
limited and regulated as provided in Sec. 76-334. Multiple-family
residential accessory buildings are regulated as provided in Sec.
76-335.
(b)
(Reserved)
(c)
Central air-conditioning unit and permanent standby generators.
[Amended 9-8-2015 by Ord.
No. 150] (1)
Permit required. An electrical and mechanical permit are required
prior to the commencement of any construction or installation of an
central air-conditioning unit or standby generator.
(2)
Final inspection. As soon as the construction or installation
of a standby generator or central air-conditioning unit has been completed,
the permit holder or property owner, if authorized by contract, must
obtain a final inspection by the Township to ensure compliance with
all terms and conditions of this Code of Ordinances. The central air-conditioning
unit or standby generator shall not be used prior to obtaining final
inspection approval.
(3)
Location.
a.
The central air-conditioning unit and/or standby generator must
be permanently located on a concrete slab or prefabricated equivalent.
b.
A central air-conditioning unit and/or standby generator must
be located in the rear yard. A central air-conditioning unit and/or
standby generator must be immediately adjacent to the principal residence.
c.
A central air-conditioner unit and/or standby generator may
be permitted in the side yard if all of the following conditions are
met:
i.
If the Building Official determines that it is not possible
or practical for the central air-conditioning unit and/or standby
generator to be located in the rear yard, the Building Official may
grant written approval that the air conditioner unit and/or standby
generator may be located in the side yard; and
ii.
The air conditioner and/or standby generator installed maintains
a minimum side yard setback requirement of five feet from the outer
edge of the air conditioner and/or standby generator to the adjacent
property line.
d.
Placement of a central air-conditioning unit and/or a standby
generator in existing nonconforming side yards shall be prohibited.
e.
Central air-conditioning units and/or standby generators are
prohibited in the front yard, unless the property is lakefront property.
(4)
Enclosure; production of sounds; service doors; exhaust gases.
a.
The generating unit and muffler of a standby generator shall
be enclosed within a sound-attenuated cabinet or enclosure, unless
the unit itself is designed with sound-attenuated elements. The enclosure
service doors on the cabinet must be locked to prevent access by unauthorized
persons.
b.
Sound produced at full load by the central air-conditioning
unit or standby generator shall not exceed 80 decibels measured at
any property line and at a point 15 feet directly above the property
line.
c.
Any and all exhaust gases must be in compliance with all state
emissions regulations.
(5)
Fuels.
a.
Natural gas, propane, gasoline or diesel are the only fuels
permitted for use in the standby generator.
b.
Connections made to a natural gas line of a residence must be
in accordance with all applicable building codes.
c.
Fuel sources must meet all state and local requirements.
d.
Portable fuel sources are prohibited.
(6)
Electrical regulations for standby generator.
a.
Only a generator with a fully automatic transfer switch (ATS)
gear (double throw disconnect gear) may be installed.
b.
Transfer panels on the standby generator must be locked to prevent
unauthorized access to the switch gear.
c.
Panels on the standby generator must be approved by a recognized
certification agency, such as UL (Underwriter's Laboratory) or
CSA (Canadian Standards Association), and must comply with all applicable
electrical codes adopted by the Township.
(7)
Maintenance.
a.
Property owners are responsible for installing and maintaining
the standby generator and central air-conditioner unit in accordance
with all Township codes and ordinances.
b.
Automatic maintenance exercise testing for standby generators
is limited to not more than 10 minutes per week, and may only occur
on Monday through Friday, between the hours of 12:00 p.m. and 5:00
p.m.
(8)
Use of standby generators. Generators, as set forth in this
section, shall only be used in emergencies, where the normal power
source to the residence has been disrupted. As soon as normal power
has been restored, the operation or use of the standby generator must
be ceased.
Editor's Note: This ordinance also set forth that a violation of its provisions shall be a misdemeanor punishable by imprisonment for not more than 90 days and/or a fine of $500, or both, in addition to any other penalty provisions provided in the general penalty provisions of the Code. See Section 1-11.
(d)
Design standards. In any one-family residential district, there shall
be variation in the appearance of dwelling units using the following
subsections in this section as minimum standards. The foregoing standards
shall not apply to a mobile home located in a licensed mobile home
park, except to the extent required by state or federal law or otherwise
specifically required in this chapter pertaining to such parks.
(1)
The front elevation of single-family detached dwelling units
shall not re-occur in the same or a substantially similar structural
form on another dwelling within the same block frontage, without there
being at least three other dwellings with a different building elevation
between the dwellings that repeat the front elevation. Different colors
alone will not constitute different front elevations.
(2)
Plans for modulars, prefabricated units and similarly constructed
units shall be approved by the state construction code commission
as meeting the state construction code, Act No. 230 of the Public
Acts of Michigan of 1972 and Public Act No. 371 of the Public Acts
of Michigan of 1980 (MCL 125.1501 et seq.), as amended, prior to the
issuance of a building or occupancy permit. Mobile homes or trailers
shall meet or exceed the requirements imposed by the United States
Department of Housing and Urban Development Mobile Home Construction
and Safety Standards (24 CFR 3280 and as such standards may be amended).
The building official shall be furnished a certificate stating that
such dwelling meets the minimum building code requirements applicable
to such structure or shall include a seal attached to the unit. Any
addition to such mobile home must be designed and constructed by the
manufacturer of such mobile home, or must be based upon an architectural
plan deemed compatible with the overall design of the mobile home
and approved by the building official.
(3)
All construction shall meet the minimum lot size, yard spaces,
setbacks, parking and all other minimum site requirements applicable
to residential dwellings within the zoning district in which the use
will be located.
(4)
A dwelling unit shall meet the minimum living area standards
for one-family residential dwellings of the zoning district in which
such home is to be located.
(5)
All one-family dwelling units shall have a minimum width across
any front, side or rear elevation of 24 feet.
(6)
All dwelling units shall be attached to a permanent foundation constructed on the site in accordance with the building code in article II of chapter 14 and shall have a wall of the same perimeter dimensions of the dwelling and additions to the dwelling and constructed of such materials and type as required in the building code in article II of chapter 14. If the dwelling is a mobile home, as defined in article XVII of this chapter, such dwelling shall be installed pursuant to the manufacturer's set-up instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the state mobile home commission and shall have a continuous perimeter wall, as required in this subsection.
(7)
Single-family dwellings shall be aesthetically compatible in
design and appearance with other residences in the vicinity. Single-family
dwellings shall have either a roof overhang of not less than six inches
on all sides, or alternatively have roof drainage systems concentrating
roof drainage at collection points along the sides of the dwelling.
The dwelling shall have not less than two exterior doors, with the
second door being in either the rear or side of the dwelling. Steps
shall connect to such exterior door areas or to porches connected
to such door areas where a difference in elevation requires the steps.
In making such determination of compatibility, the building official
may consider the following factors: total square footage; length-to-depth
proportions; value and quality of construction; exterior building
materials; architectural style and design and roof line; the character,
design and appearance of a majority of the residential dwellings (excluding
mobile home parks) within 2,000 feet of the subject dwelling. These
factors 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.
(e)
Dwellings per lot or parcel. No more than one one-family residential dwelling shall be permitted per lot or parcel, except as provided in subsection (h) of this section.
(f)
Dwellings without basements. Each one-family and two-family dwelling
unit without a basement shall provide not less than an additional
100 square feet of floor area for utility rooms and/or storage space
greater than the minimum floor area per dwelling unit or the average
floor area of 50% or more of the dwellings located in the general
vicinity, whichever is greater.
(g)
Fences, walls, hedges and protective barriers. All fences of any
nature, type or description located in the township shall conform
to the following regulations:
(1)
The erection, construction or alteration of any fence, wall,
hedge or other type of protective barrier shall be approved by the
building administrator as to conformance to the requirements of the
zoning district in which such barriers are proposed, the requirements
of this section, and the township fence ordinance.
(2)
Fences in other than A-1 districts shall conform to the following
requirements:
a.
No fences shall be erected along the line dividing lots or parcels
of land or located within any required side or rear yard in excess
of six feet or less than three feet in height above the mean grade.
b.
Only decorative, non-obscuring split-rail fences, 24 inches
to 42 inches high, shall be permitted in a front yard. Similar fences
which are utilized and designed for the sole purpose of being an architectural/landscape
feature may be reviewed and approved by the planning commission. All
other fences shall not encroach into the front yard, except that portion
of a lot abutting Anchor Bay and the Salt River, south of Callens
Road. Only non-obscuring, decorative aluminum or wrought iron fences
(not exceeding 48 inches in height) shall be permitted in a waterside
front yard of Anchor Bay or the Salt River. Walls, hedges, chain link
or obscuring fences shall not be permitted in the water side front
yard of lots on Anchor Bay or the Salt River. No privacy fences shall
be permitted outside of the building envelope on any waterfront or
canal lot or parcel.
c.
All fences erected after the effective date of the ordinance
from which this section is derived shall be constructed of materials
customarily used for residential fences and be properly maintained
at all times. Barbed wire, or any other sharp or pointed object of
any kind, or electric current applied to such fences is prohibited.
d.
Street side yard fences, other than those permitted in subsection
(g)(2)b. of this section, shall be set back a minimum of five feet
from the side street right-of-way and may not intrude into the building
front yard. No fence shall encroach into a clear vision corner triangle
of 15 feet measured along the abutting road right-of-way and driveway
to the site.
(h)
Lot limitations. In all one- or two-family residential zoning districts,
only one principal building shall be placed on a lot of record, with
the exception of parcels of record described and designated as "out
lots," which may be so arranged or subdivided to provide for one or
more principal buildings when the land area allocated to each building
is equal to or greater than the lot area required for the district,
and the building and land comply with all the requirements of the
district in which it is located. No building shall be erected on land
subdivided in violation of Act No. 288 of the Public Acts of Michigan
of 1967 (MCL 560.101 et seq.), as amended.
(i)
Measuring minimum floor space requirements. Minimum floor space requirements
as established by the various provisions of this article for a residential
dwelling shall be measured from the exterior surface of enclosing
walls and the centerline of common partition walls for each dwelling
unit. Minimum floor area shall not include cellars or basements, attached
garages or attics, unheated breezeways, porches or decks.
(j)
Residential entranceway. In all residential districts, so called entranceway structures, including, but not limited to, walls, columns and gates, marking entrances to one-family subdivisions may be permitted and may be located in a required yard, as provided in subsection (d)(1) of section 76-176. Such entranceway structures shall comply to all codes and ordinances of the township and be approved by the planning commission.
(k)
Site condominium subdivision. The intent of these requirements is
to ensure that all site condominium subdivisions are developed in
compliance with accepted planning and engineering standards applicable
to similar forms of development, as reflected in this chapter and
requirements of the township. One-family detached condominiums may
be allowed as a permitted use in any one-family zoning district, subject
to site plan review by the planning commission. Commercial and industrial
condominiums that result in condominium units that exceed the building
envelopes shall also be regulated by this section.
(1)
Submission requirements. All site condominium subdivision plans shall be submitted for review, as required by article VII of this chapter and section 66 of the Condominium Act. These plans include the following additional information:
a.
A boundary survey of the site condominium subdivision site.
b.
A plan delineating all natural and man-made features on the
site, including, but not limited to, drains, ponds, lakes, streams,
floodplains, wetlands and woodland areas.
c.
The location, size, shape, area and width of all condominium
units and common areas and the location of all proposed streets.
d.
A copy of the master deed and a copy of all restrictive covenants
to be applied to the project. Such deeds shall include an acceptable
means of converting the project to a platted subdivision, under the
provisions of Act No. 288 of the Public Acts of Michigan of 1967 (MCL
560.101 et seq.), at some future date.
(2)
Review procedures. Pursuant to authority conferred by section
141 of the Condominium Act, all site condominium subdivision plans
shall require approval by the planning commission before units may
be sold or site improvement initiated. The planning commission shall
consult with the township attorney, planner and engineer regarding
the adequacy of the submission as it relates to this chapter and requirements
of the Condominium Act. The review process shall consist of the following
two steps:
a.
Preliminary plan review. In the preliminary review phase, the
planning commission shall review the overall plan for the site, including
basic road and unit configurations and the consistency of the plans,
with all applicable provisions of this chapter. Plans submitted for
preliminary review shall include information specified in subsection
(k)(1)a.—c. of this section.
b.
Final plan review. Upon receipt of preliminary plan approval,
the applicant shall prepare the appropriate engineering plans and
apply for final review by the planning commission. Final plans shall
include information as required by subsection (k)(1) of this section.
Such plans and information shall be reviewed by the township attorney,
engineer and planner. Such plans shall be submitted for review and
comment to all applicable local, county and state agencies. Final
approval shall not be granted until all applicable review agencies
have had an opportunity to comment on such plans.
(3)
District requirements. The development of all site condominium
subdivisions shall observe the applicable yard setback and minimum
floor area requirements of the zoning district within which the project
is located. The density of development of the project shall be no
greater and spacing no less than would be permitted if the property
were a platted subdivision.
(4)
Design standards. All development in a site condominium subdivision shall conform to the design and improvement standards of chapter 58, and/or section 58-153, pertaining to the assessor's plat; section 58-216, pertaining to minimum standards; chapter 30, pertaining to engineering design standards; section 76-71, pertaining to excavations or holes and article IV of chapter 34, pertaining to soil removal; article V of chapter 34, pertaining to landfills; and chapter 72, pertaining to waterways. All streets and roads shall be dedicated to the public, unless otherwise permitted by the planning commission as essential to the preservation of the overall character of the proposal. Street and road connections and/or stubs shall be required, where necessary, to provide continuity to the public road system. In any of these referenced sections, the term "plat" shall be substituted with the term "site condominium subdivision plan"; the term "tentative preliminary plat approval" shall be substituted with the term "preliminary plan review"; the term "final preliminary plat approval" shall be substituted with the term "final plan review"; and the term "proprietor" shall be deemed to refer to the applicant pursuant to this chapter. Any applications, fees, procedures for review or hearing, as set forth in this chapter and other provisions, shall be fully complied with, except as provided in this chapter.
(5)
Utility easements. The site condominium subdivision plan shall
include all necessary easements granted to appropriate authority for
the purpose of constructing, operating, inspecting, maintaining, repairing,
altering, replacing and/or removing pipelines, mains, conduits and
other installations of a similar character for the purpose of providing
public utilities, including, but not limited to, the conveyance of
sewage, water and stormwater runoff across, through and under the
property, subject to such easement.
(6)
Final acceptance. The township shall also require all the appropriate
inspections. After construction of the site condominium subdivision,
an as-built reproducible mylar of the completed site improvements
(excluding dwelling units) shall be submitted to the township for
review by the township engineer. A final certificate of occupancy
and any construction bonds or letter of credit will not be released
to the developer/owner until such as-built mylar has been reviewed
and accepted by the township.
(l)
Yards and special rules for certain locations. Any lot of record
in Anchor Bay Gardens, Anchor Bay Harbor and Anchor Bay Shores which
borders a canal or lake and extends from the canal or lake to a public
or private street shall meet the following requirements with reference
to setbacks:
(1)
Buildings, to include accessory structures, shall be set back
from a right-of-way line of a road and/or property line that is abutting
a lake or river. The distance of the setback shall be a distance equal
to the average of the first six like structures to the left and the
first six like structures to the right of the proposed building. Setbacks
for principal structures shall be determined by and referenced to
the aforementioned, prescribed number of adjacent principal structures.
Setbacks for accessory structures shall be determined by and referenced
to the aforementioned, prescribed number of adjacent accessory structures.
Where the existing number of structures to be referenced are less
than that required, then the setback shall be calculated by the average
of those like structures that are present.
(2)
The side setbacks shall not be less than three feet on the left
side and at least five feet on the right side as viewed from the road.
(3)
In no event shall a permit be issued for a structure which exceeds
60% of the lot area.
(m)
Residential open space developments.
(1)
Residential open space developments, as defined by the regulations
of this section, shall be considered a permitted use in the A-1, R-30,
R-20 and R-1-A and R-1-B single-family zoning districts. In no circumstance
shall multiple-family residential development (attached units) of
any type be permitted in a residential open space development.
(2)
Intent. The intent of this section of the zoning ordinance is
to provide a preferable alternative to conventional single-family
development regulations. All residential open space developments shall
promote the following objectives:
a.
Maintain the township's remaining open space and rural
setting;
b.
Preserve the township's natural resources, including woodlands,
wetlands topography, floodplains and similar natural assets;
c.
Preserve open space and productive agricultural land;
d.
Achieve a balance between open space and growth and agriculture;
e.
Encourage a creative approach to the development of parcels
exhibiting unusual characteristics and/or land use relationships;
f.
Provide alternatives to conventional residential developments.
(3)
Submission and preservation requirements.
a.
All natural assets and cultural/historic features on the site
must be identified on the plan. Such assets shall include natural
stands of trees, wetlands, floodplains, topography, bodies of water
(i.e. streams, rivers), land which serves as a natural habitat for
wildlife, or other natural assets which should be preserved. Regulated
natural features such as, but not limited to, wetlands and floodplains
must be identified through documentation from the appropriate federal,
state and/or local authorities. Cultural and historic features may
include farmhouses, stone fence lines and buildings of historic value.
Residential open space developments shall preserve all of the above
amenities to the extent feasible and desirable to the township.
b.
A detailed map of the parcel identifying soil conditions shall
be provided. Soil borings may also be required by the planning commission.
c.
All open space developments, shall include an improved trail
way system throughout the residential open space development and common
open space areas.
(4)
Density.
a.
The maximum number of units allowed shall be determined by the
submission of a "yield plan". The yield plan shall be provided by
the developer and shall be a feasible development under the requirement
standards of the specified zoning district with regard to lot width,
lot area, width-to-depth ratios, setbacks, frontage, and other applicable
provisions of such district. The yield plan shall meet all applicable
requirements of the state Land Division Act and all applicable township
ordinances. The yield plan shall also meet all requirements of the
Charter Township of Chesterfield Land Division Regulations Ordinance
and Zoning Ordinance, as applicable to the type of development.
The planning commission may require soil and ground water perk
tests for lots of a suspect nature. They may also require test wells
if adequate well water is questionable. If it is determined through
these tests that the number of housing lots proposed is unfeasible,
the site plan will be revised and resubmitted, minus the number of
house lots that failed the perk and/or water test. Detailed engineering
is not required at this stage.
b.
The planning commission shall award the applicant a development
bonus with regard to the number of residential units permitted within
an open space development. Such bonus shall be a 5% increase in the
number of residential units permitted in the development. Where a
resultant fraction occurs with the 5% calculation, an additional lot
shall be granted.
(5)
Open space requirements.
a.
A minimum of 50% of the development shall be set aside for common
open space, as defined below. The open space shall be irrevocably
reserved for common open space as required in this section.
b.
The developer may, at his election, choose to deed such land
to Chesterfield Township for public playgrounds, parks or recreation
areas subject to township acceptance of such property. For the purposes
of this section, the township shall only consider acceptance of a
minimum of five acres of contiguous common open space. The failure
of the township to accept such property shall not relieve the developer
from the requirements of the open space requirements.
Common open space shall be defined as follows: all areas within
the open space development, not individually owned or part of a limited
common area, which are designed and intended to preserve open land
resources for the common use and enjoyment of the resident of the
entire development for any of the following uses: recreation, forest
land and/or open space conservation, prairies, and meadows. The common
open space requirements shall not be met by land uses such as rights-of-way
or easements designated for road or utility purposes, areas within
lots, detention/retention ponds (and associated land surrounding the
ponds) golf courses or other commercial recreational uses, or land
area dedicated as limited commons.
c.
A minimum of 50% of all dwelling units within the development
shall abut the dedicated common open space.
d.
Trail ways shall be located throughout the common open space
and shall link the internal sidewalk/walking path system of the housing
development with the open space areas. Such trail ways shall be a
minimum of five feet in width and constructed of asphalt in upland
areas and pressure treated wood plank decking (or similar durable
material) in wetland areas.
e.
A minimum of one access point to the common open space, being
a minimum of 50 feet in width, shall be provided for each 12 households.
These access points shall link the common open space to the sidewalks
and the remainder of the development.
f.
All dwelling units shall have side, rear, or alley entry garages,
or other configurations not opening directly to the street; except
that the planning commission may approve dwelling units with garages
that face the road if such garage is set back a minimum of five feet
from the front plane of the living quarters of the dwelling.
g.
The development shall include a minimum of a two-hundred-ten-foot
roadway setback-buffer measured from the road centerline along any
regional, major, or secondary road with a right-of-way of 120 feet
or less. For those roads with a right-of-way greater than 120 feet
the roadway buffer shall be increased one-half foot for each one foot
over 120 feet.
h.
A minimum buffer width of 30 feet shall be provided between
any subdivision or condominium lot and streams, lakes, ponds or wetlands
and similar man-made features such as detention/retention basins.
i.
Non-agricultural open fields shall be planted with native prairie
grass or similar types of ground cover. In addition, 10 trees shall
be planted for each one acre of open field. Deciduous trees shall
be a minimum size of two-and-one-half caliper and evergreen trees
shall be a minimum of six feet in height. Such trees shall be planted
and maintained within the open field area and be native to Michigan.
(6)
Utilities. All utilities shall be placed underground when feasible.
The applicant shall provide adequate sanitary sewage treatment, water
supply and storm water drainage systems to serve the development.
Evidence shall be submitted indicating that all such systems have
received preliminary approval from appropriate county or state authorities.
The township shall have sole authority for final approval of any utility
system. In the absence of a township utility system, all utilities
to serve the site shall be constructed and maintained by the township,
shall be required.
(7)
Roads. Roadways shall conform to the Road Commission of Macomb
County standards.
(8)
Street trees. The entrance and roadways shall be landscaped
and planted with street trees, to create an attractive vista. Such
trees shall be planted no more than 30 feet on center and shall be
located outside of the road right-of-way and utility easements. The
trees shall meet the size and species requirements of this section.
(9)
Pedestrian circulation. Sufficient right-of-way width shall
be provided so that sidewalks may be installed on both sides of all
streets. A five-foot-wide concrete sidewalk shall be located one foot
from the property line (within the street right-of-way). This requirement
may be waived by the planning commission when an acceptable and more
imaginative solution to pedestrian circulation is proposed by the
applicant.
(10)
Setbacks. The following building setbacks shall be required:
a.
All structures shall meet the setback requirements for the zoning
district in which they are located.
b.
Rear yard setbacks may be reduced to 20 feet for lots with rear
yards which abut common open space or alleys. All other lots shall
meet the rear yard setback of the zoning district for the site.
c.
No lot, property line or building site shall be located within
an exterior roadway setback-buffer.
(11)
Fencing. The use of perimeter fencing around building sites
is prohibited except as permitted herein. Rear yards and side yards
may be enclosed with picket type, wrought iron, or other similar decorative
fencing. Such fences shall not exceed 48 inches in height. In no case
shall view obscuring fences, privacy fences, chain-link fences or
other similar wire fences be permitted on a site. Fences are prohibited
in the front yard or street-side (front) yard. Fence restrictions
shall be included in the master deed or deed restrictions, as applicable.
(12)
Dedication of common open space and/or development rights. The
dedicated common open space shall be set aside in an irrevocable conveyance
that is acceptable to the township attorney and approved by the township
board, such as the following:
a.
A conservation easement as established by the State of Michigan
Conservation and Historic Preservation Act, Public Act 197 of 1980,
as amended (M.C.L. 399.251).
b.
Master deed as established by the State of Michigan Condominium
Act, Act 59 Public Act of 1978, as amended.
(13)
Unless otherwise provided for in this section, all other applicable
zoning ordinance provisions shall apply.
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| Ord. No. 110, § 9.00, eff. 11-1-1996; Ord. No. 110-22, § 1 (9.00, 9.00(A)—(C), (G)), eff. 4-21-1999; Ord. No. 110-34a, § 1, 5-21-2001; Ord. No. 110-38, § 1, 6-18-2001; Ord. No. 110-41, §§ 1(1.1), 1(1.2), 12-3-2001; Ord. No. 110-47, § 1, 12-2-2002; Ord. No. 110-48, § 1, 12-2-2002; Ord. No. 110-60, § 1, 11-3-2003; 110-68, § 1.2, 4-5-2004; Ord. No. 110-98, § 1, 7-5-2011; Ord. No. 110-100(Revised), 12-17-2012 |