Chapter 19 ZONING*
Chapter 19 ZONING*
*Cross references: Buildings and building regulations, ch. 4; planning,
ch. 13; roads, driveways, and parking lots, ch. 15; subdivision and land division
regulations, ch. 16.
State law references: Township rural zoning act, MCL 125.271 et seq.,
MSA 5.2963(1) et seq.; township planning, MCL 125.321 et seq., MSA 5.2963(101)
et seq.
ARTICLE I. IN GENERAL
Sec. 19-1. Title.
This chapter shall be known and may be cited as the Zoning Ordinance of the
Township of Milford.
(Ord. No. 101, § 1.01, 3-23-71)
Sec. 19-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Accessory use shall mean a use naturally and normally incidental and subordinate
to, and devoted exclusively to the main use of the premises.
Adult bookstore shall mean an establishment having as a substantial or significant
portion of its stock in trade, books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas, as
defined for adult mini motion picture theater, or an establishment with a segment
or section devoted to the sale or display of such material, and/or which adult
bookstores exclude minors by virtue of age.
Adult cabaret shall mean a cabaret which features go-go dancers, exotic dancers,
strippers, male or female impersonators or similar entertainers, and/or which
exclude minors by virtue of age.
Adult mini motion picture theater shall mean an enclosed building with a capacity
for less than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas for observation by patrons therein,
and/or which exclude minors by virtue of age.
For the purpose of this section, "specified sexual activities" is
defined as:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts of human masturbation, sexual intercourse or sodomy, fellatio and cunnilingus.
(3) Fondling or other erotic touching of human genitals, pubic region, buttock
or female breast.
And, "specified anatomical areas" is defined as:
(1) Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttock; and
c. Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Adult motion picture theater shall mean an enclosed building with a capacity
of 50 or more persons used for presenting material having as a common theme
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas for observation by patrons therein, and/or which exclude minors by virtue
of age.
Alley shall mean a public way which affords only a secondary means of access
to abutting property and not intended for general traffic circulation.
Alteration shall mean any change, addition or modification in construction or
type of occupancy; any change in structural members of a building, such as walls,
any partitions, columns, beams, girders or any change which may be referred
to herein as "altered" or "reconstructed."
Amusement parks shall mean a tract or area used as a permanent location for
carnival-amusement ride or devices or both.
Apartment shall mean a room or suite or rooms used as a dwelling for one family
which may do its cooking therein.
Apartment house shall mean a residential structure containing three or more
apartments.
Architectural features, shall mean a building, shall include cornices, eaves,
gutters, belt courses, sills, lintels, bay windows, chimneys and decorative
ornaments.
Automobile repair shall mean general repair, engine rebuilding, rebuilding or
reconditioning of motor vehicles, collision service, such as body, frame, or
fender straightening and repair, overall painting and vehicle rustproofing.
Automobile service station shall mean a building or structure designed or used
for the retail sale or supply of fuels (stored only in underground tanks), lubricants,
air, water and other operating commodities for motor vehicles, aircraft or boats,
and including the customary space and facilities for the installation of such
commodities on or in such vehicles, and including space for facilities for the
storage, minor repair, or servicing, but not including bumping, painting, refinishing,
major repairs and overhauling, steam cleaning, rustproofing, where the primary
use of the premises is such, or high speed washing thereof.
Automobile wash establishment shall mean a building, or portion thereof, the
primary purposes of which is that of washing motor vehicles.
Basement shall mean that portion of a building partly below grade but so located
that the vertical distance from the grade to the basement floor is greater than
the vertical distance from the grade to the basement ceiling. A basement shall
not be included as a story for height measurement, nor counted as floor area.
BASEMENT AND STORY DEFINITION
DRAWINGS--ms.1461
Bed and breakfast operations shall mean a use which is subordinate to the principal
use of a detached single-family dwelling as a single-family dwelling unit, and
a use wherein transient guests are provided a sleeping room in return for payment
and a breakfast at no extra cost. Such use is distinguished from a boarding
house, rooming house, hotel or motel.
Billboard shall mean any construction or portion thereof upon which a sign or
advertisement used as an outdoor display for the purpose of making anything
known to the general public, but not including bulletin boards used to display
official court or public office notices.
Block shall mean the property abutting one side of a street and lying between
the two nearest intersecting streets, or between one intersecting street and
railroad right-of-way, unsubdivided acreage, river to live stream or between
any of the foregoing and any other barrier to the continuity of the development.
Board of appeals shall mean the board of appeals for the township.
Boarding house shall mean a dwelling where meals, or lodging and meals, are
provided for compensation to three or more persons by prearrangement for definite
periods of not less than one week. A boarding house is to be distinguished from
a hotel, motel or a convalescent or nursing home.
Building shall mean any structure, either temporary or permanent having a roof
supported by columns or walls and used or built for the shelter or enclosure
of persons, animals, chattels or property of any kind.
Building, accessory, shall mean a building completely separated from every part
of a principal building on a lot and used for the purposes customarily incidental
to those of the principal building.
Building area shall mean the space remaining after the minimum open space requirements
of this chapter have been complied with.
Building height shall mean the vertical distance measured from the established
grade to the highest point of the roof surface if a flat roof; to the deck of
mansard roofs; and to the mean height level between eaves and ridge of gable,
hip and gambrel roofs.
BUILDING HEIGHT REQUIREMENTS
GRAPHIC LINK (not available):
Building line shall mean a setback line established, in general, parallel to
the front street line between which and the front street line no part of a building
shall project, except as otherwise provided by this chapter.
Building, main or principal, shall mean a building in which is conducted the
principal use of the lot on which it is situated.
Building official shall mean the official designated by the township board of
trustees or said official's authorized representative, charged with the responsibilities
of administering the zoning ordinance and other codes as adopted by the township
board of trustees. For the purpose of this definition, the terms "building
official" and "building inspector" shall be used interchangeably.
Building permit shall mean a building permit is the written authority issued
by the zoning administrator permitting the construction, removal, moving, alteration
or use of a building in conformity with the provisions of this chapter.
Campground shall mean a plot of ground upon which two or more campsites are
located, established or maintained for occupancy by camping units of the general
public as temporary living quarters for recreation or vacation purposes.
Carnival shall mean an enterprise devoted to offering amusement or entertainment
to the public in, upon or by means of amusement ride or devices or temporary
structures in any number or combination, whether or not associated with other
structures or forms of public attraction.
Carnival or amusement ride shall mean a device which carries or conveys passengers
along, around or over a fixed or restricted route or course for the purpose
of giving its passengers amusement, pleasure, thrills or excitement.
Club shall mean an organization of persons for special purposes or for the promulgation
of agriculture, sports, arts, science, literature, politics or the like, but
not for profit.
Commission or planning commission shall mean the township planning commission.
Convalescent or nursing home shall mean a home for the care of children or the
aged or infirm, or a place of rest for those suffering bodily disorders, wherein
three or more persons are cared for. Such home shall conform and qualify for
license under state law even though state law has different size regulations.
District shall mean a portion of the township within which, on a uniform basis,
certain uses of land and buildings are permitted and within which certain regulations
and requirements apply under the provisions of this chapter.
Drive-in establishment shall mean a business establishment so developed that
its principal retail or service character is dependent on providing a driveway
approach or parking spaces for motor vehicles so as to serve patrons while in
the motor vehicle (e.g., restaurants, cleaners, banks, theaters).
Dwelling shall mean any building which contains one or more dwelling units used,
intended or designed to be built, used, rented, leased, let or hired out to
be occupied or which are occupied for living purposes.
Dwelling, row (townhouse) shall mean a row of three or more attached one-family
dwellings, not more than two stories in height in which each dwelling has its
own front entrance and rear entrance.
Dwelling unit, multiple family, shall mean a building providing complete independent
living facilities for three or more families including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Dwelling unit, single-family, shall mean a single detached unit providing complete
independent living facilities for one family, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Dwelling unit, two-family, shall mean a detached building providing complete
independent living facilities for no more than two families including permanent
provisions for living, sleeping, eating, cooking and sanitation.
Efficiency unit shall mean a dwelling unit consisting of one room, exclusive
of bathroom, kitchen, hallway, closets or dining alcove directly off the principal
room.
Erected shall include built, constructed, reconstructed, moved upon or any physical
operations on the premises required for the building. Excavations, fill, drainage
and the like shall be considered a part of erection.
Essential services shall mean the erection, construction, alteration or maintenance
by public utilities or municipal departments or commission of underground, surface
or overhead gas, electrical, steam or water transmission or distribution systems,
collections, communication, including mains, drains, sewers, pipes, conduits,
wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
towers, poles and other similar equipment, and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such public utilities
or municipal departments or commissions 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 service equipment.
Excavating shall mean the removal of sand, stone, gravel or fill dirt below
the average grade of the surrounding land and/or road grade, whichever shall
be highest.
Family shall mean one or more persons living together and interrelated by bonds
of consanguinity, marriage or legal adoption, and occupying the whole or part
of a dwelling unit as a single nonprofit housekeeping unit as distinguished
from a group occupying a hotel, club, boarding house, fraternity or sorority
house. A family shall be deemed to include domestic servants, gratuitous guests
and not more than three boarded children.
Filling shall mean the depositing or dumping of any matter onto or into the
ground, except common household gardening.
Floor area shall mean the sum of the gross horizontal areas of the several floors
of the building measured from the exterior faces of the exterior walls or from
the center line of walls separating two buildings. The floor area of a building
shall include the basement floor area when more than one-half of the basement
height is above the established curb level, or finished lot grade, whichever
is higher. (See Basement definition.) Floor area shall not include elevator
shafts and stairwells at each floor, floor space used for mechanical equipment,
(except equipment, open or enclosed, located on the roof), attic space having
headroom of seven feet, ten inches or more, interior balconies and mezzanines.
Any space devoted to off-street parking or loading shall not be included in
floor area. Area of basements, utility rooms, breezeways, porches or attached
garages are not included.
GRAPHIC LINK: FLOOR AREA TERMINOLOGY
Floor area ratio (FAR) shall mean the ratio between the maximum allowable amount
of floor space on all floors in a building and the total area of the lot on
which the building is located. Example: A FAR of 2.0 would allow floor space
of twice the lot area, or a four-story building covering one-half of the lot.
A FAR of 0.5 would allow floor space of one-half the lot area, or a two-story
building covering one-quarter of the lot.
GRAPHIC LINK: FLOOR AREA RATIO (FAR)
Floor area, gross, shall mean the sum of the gross horizontal areas of the floors
within outside walls of a building including basement, elevator shafts and stairwells
at each story, floor space used for mechanical equipment, penthouse, half story
and mezzanine or interior balcony.
Floor area, usable, shall mean any floor area within outside walls of a building
exclusive of areas in cellars, basements, utility areas, unfinished attics,
garages, open porches and accessory buildings.
Frontage shall mean all property fronting on one side of a street between intersecting
or intercepting streets, or between a street and right-of-way, water-way, end
of a dead-end street, or township boundary, calculated as the horizontal straight
line distance between side lot lines, measured between the two points where
the front setback line intersects the side lot lines.
Garage, commercial, shall mean any premises except those described as a private,
community or storage garage, available to the public, used principally for the
storage of automobiles or motor-driven vehicles, for remuneration, hire or sale,
where any such vehicle or engine may also be equipped for operation, repaired,
rebuilt or reconstruction, and where vehicles may be greased, washed or serviced.
Garage, community, shall mean a garage used for the storage of vehicles of residents
of dwelling units on the same or adjacent block or blocks, and providing only
incidental services to such vehicles as are stored therein.
Garage, private, shall mean a building used primarily for the storage of self-propelled
vehicles for the use of the occupants of a lot on which such building is located
and with a capacity of not more than three motor-driven vehicles. The foregoing
definition shall be construed to permit the storage on any one lot for the occupants
thereof, of not more than one commercial vehicle not exceeding a rated capacity
of three-fourth ton.
Garage, storage, shall mean any premises except those defined as a private garage,
used exclusively for the storage of self-propelled vehicles, and where such
vehicles are not repaired.
Grade shall mean the established grade of the street or sidewalk shall be the
elevation of the curb at the midpoint of the front of the lot. The elevation
is established by the township engineer or zoning administrator.
Greenbelt shall consist of a landscaped yard space with a width as determined
in section 19-85(f). Such greenbelt shall be made fertile and landscaped or
planted within six months from the date of issuance of a permit for use and
thereby reasonably maintained with permanent materials to provide a suitable
screen.
Hazardous substances shall include hazardous chemicals as defined by the state
department of public health and the state department of labor; flammable and
combustible liquids as defined by the state department of state police; hazardous
substances as defined by the U.S. Environmental Protection Agency; hazardous
materials as defined by the U.S. Department of Transportation; and hazardous
waste critical materials, and polluting materials as defined by the state department
of natural resources.
Heliport, personal use, shall mean any area used for the landing, take-off or
storage of a helicopter used for the transportation of persons or goods and
shall be restricted in use to the owner of the property and his immediate relatives.
At no time shall a personal use heliport be used for commercial purposes.
Heliport, private use, shall mean any area used for the landing, take-off or
storage of a helicopter used for the transportation of persons or goods and
shall be restricted in use to the owner of the property or other persons authorized
by such owner. A private use heliport may be owned by individuals, companies,
corporations or public bodies. In the case of a private use heliport being owned
by a public body, it shall be restricted to a single use such as, but not limited
to, a police department or hospital.
Home occupations shall meet the following requirements:
(1) A home occupation shall be incidental to the residential use of the premises.
(2) No article or service shall be sold or offered for sale on the premises
except such as is produced by or related to such occupation.
(3) The home occupation shall not require internal or external alterations or
construction features or outdoor storage.
(4) The home occupation shall not involve the use of commercial vehicles for
bulk delivery of materials or products to or from the premises.
(5) No equipment or machinery 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 site. No equipment or process shall
be used which creates visual or audible electrical interference in any radio
or television receiver off the premises or causes fluctuations in line voltage
off the premises.
(6) Only one nonilluminated name plate (of not more than one square foot in
area) shall be attached to a building.
(7) No home occupation shall require the employment of anyone other than the
dwelling occupant permanently residing on the premises.
Hospital shall mean an institution providing health services, primarily for
in-patients and medical or surgical care of the sick or injured, including as
an integral part of the institution, such related facilities as laboratories,
out-patient departments, training facilities, central service facilities and
staff offices.
Hotel shall mean a building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals with or without meals, and in
which there are more than five sleeping rooms, and in which no provision is
made for cooking in any individual room.
Junk shall mean any motor vehicles, machinery, appliances, product or merchandise
with parts missing or scrap metals or other scrap materials that are damaged,
deteriorated, or are in a condition which cannot be used for the purpose for
which the product was manufactured.
Junkyard shall include automobile wrecking yards and salvage areas and includes
any area of more than 200 square feet for the storage, keeping or abandonment
of junk, including scrap metals, other scrap materials or reclaimed materials,
or for the dismantling, demolition or abandonment of automobiles or other vehicles
or machinery or parts thereof, but does not include uses established entirely
within enclosed buildings.
Kennel shall mean any lot or premises on which more than three dogs, over four
months of age, are kept.
Laboratory shall mean a place devoted to experimental, routine study or basic
study such as testing and analytical operations and in which manufacturing of
product or products, except prototypes, is not performed.
Loading space shall mean an off-street space on the same lot with a building
or group of buildings, for temporary parking for a commercial vehicle while
loading and unloading merchandise or materials.
Lot shall mean a parcel of land occupied or intended for occupancy by a use
permitted in this chapter, including one main building with its accessory buildings,
and providing the open spaces, parking spaces and loading spaces required by
this chapter.
Lot area shall mean the total horizontal area within the lot lines of a lot.
For lots fronting or lying adjacent to private streets, lot area shall be interpreted
to mean that area within lot lines separating the lot from the private street
and not the centerline of such private street.
LOT TERMS
DRAWING--ms.1503
Lot, corner, shall mean a lot of which at least two adjacent sides abut for
their full length upon a street, provided that such two sides intersect at an
angle of not more than 135 degrees. Where a lot is on a curve, if tangents through
the extreme point of the street line of such lot make an interior angle of not
more than 135 degrees, it is a corner lot. In the case of a corner lot with
curved street line, the corner is that point on the street lot line nearest
to the point of intersection of the tangents described above.
Lot, double frontage, shall mean a lot other than a corner lot having frontage
on two more or less parallel streets. In the case of a row of double frontage
lots, one street will be designated as the front street for all lots in the
plat and in the request for a zoning compliance permit. If there are existing
structures in the same block fronting on one or both of the streets the required
front yard setback shall be observed on those streets where such structures
presently front.
Lot, interior, shall mean a lot other than a corner lot with only one lot line
fronting on a street.
Lot coverage shall mean the part or percent of the lot occupied by buildings
or structures, including accessory buildings or structures.
Lot depth shall mean the horizontal distance from the front street line to the
rear lot line.
Lot lines shall mean the property lines bounding the lot.
(1) Front lot line, in the case of an interior lot, abutting upon one public
or private street, shall mean the line separating such lot from such street
right-of-way. In the case of a corner or double frontage lot, the front lot
line shall be that line separating such lot from either street.
(2) Rear lot line, ordinarily, shall mean that lot line which is opposite and
most distant from the front lot line of the lot. In the case of an irregular,
triangular or goreshaped lot, a line ten feet in length entirely within the
lot parallel to and at the maximum distance from the front lot line of the lot
shall be considered to be the rear lot line for the purpose of determining depth
or rear yard. In cases where none of these definitions are applicable, the planning
commission shall designate the rear lot line (see Double frontage lot).
(3) Side lot line shall mean any lot line not a front lot line or a rear lot
line. A side lot line separating a lot from a street is a side street lot line.
A side lot line separating a lot from another lot or lots is an interior side
lot line.
(4) Street or alley lot line shall mean a lot line separating the lot from the
right-of-way of a street or an alley.
Lot of record shall mean a lot which actually exists in a subdivision plat as
shown on the records of the county register of deeds, or a lot or parcel described
by metes and bounds, the description of which has been so recorded.
Lot width shall mean the distance between the side lot lines, measured along
the minimum setback line, from the two (2) points where the required minimum
front yard setback line intersects the side lot lines. For lots fronting on
a curved road easement or right-of-way, or a cul-de-sac, lot width shall be
measured along the building setback established at section 19-526, Table A,
for the zoning district wherein the development exists.
Massage parlor shall mean any building, room, place or establishment where nonmedical
and nonsurgical manipulative exercises are practiced upon the human body with
or without the use of mechanical or bathing devices. Such manipulative exercises
shall include any method of treating the superficial parts of a patron for medical,
hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping,
pounding, vibrating or stimulating with the hands or any instrument, or by the
application of air, liquid or vapor baths of any kind whatever. The definition
of massage parlor shall not include establishments or activities operated by:
(1) Medical doctors, doctors of osteopathic medicine, doctors of chiropractic
medicine, physical therapists, psychiatrists, psychologists, clinical social
workers and family counselors who are licensed to practice their respective
professions in the state, or who are permitted to practice temporarily under
the auspices of an associate or establishment duly licensed in the state, clergymen,
certified members of the American Massage and Therapy Association and certified
members of the International Myomassethics Federation.
(2) Nurses who are registered under the laws of this state and who administer
a massage in the normal course of nursing duties.
(3) A trainer of any duly constituted athletic team who administers massage
in the normal course of training duties.
(4) Barbers and beauticians who are duly licensed under the law of this state
and who administer a massage in the normal course of their duties.
(5) Participants in growth seminars or sensitivity sessions provided such seminars
or sessions are conducted by a member of one of the exempted professions defined
in subsection (1) of this definition.
(6) Any duly licensed establishment in which the previously described persons
only and exclusively practice their respective professions.
Medical clinic shall mean a building where outpatients are studied, diagnosed
and/or treated by licensed physicians or medical practitioners who as a group
specialize in medical procedures or ailments. These physicians or medical practitioners
must work together as a group consisting of four or more specialists acting
as one legal entity in the delivery of health care services to patients.
Mobile home shall mean a detached single-family dwelling unit, exceeding 28
feet in length, designed to be transportable after fabrication on its own wheels,
suitable for year-round occupancy and containing a flush toilet, sleeping accommodations,
a tub or shower bath, kitchen facilities, plumbing and electrical connections
provided for attachment to appropriate external systems. A travel trailer is
not to be considered as a mobile home.
Mobile home site shall mean a plot of ground within a mobile home park designed
for the accommodation of one mobile home.
Mobile home park shall mean a parcel of land which has been planned and improved
for the placement of mobile homes for residential use.
Modular housing shall mean any dwelling constructed off-site made up of one
or more major building components which conform to the state construction code,
as promulgated by the state construction code commission under the provisions
of Act No. 230 of the Public Acts of Michigan of 1972 (MCL 125.1501 et seq.,
MSA 5.2949(1) et seq.), as amended.
Motel shall mean a series of attached, semidetached, detached rental units containing
bedroom, bathroom and closet space wherein each unit has a separate individual
entrance leading directly from the outside of the building. No kitchen or cooking
facilities are to be provided, with the exception of units for use of the manager
and/or caretaker.
Nonconforming building shall mean a building or portion thereof lawfully existing
at the effective date of this ordinance, or amendments thereto, and which does
not conform to the provisions of the chapter in the zoning district in which
it is located.
Nonconforming use shall mean a use which lawfully occupied a building or land
at the effective date of this ordinance, or amendments thereto, and that does
not conform to the use regulations of the zoning district in which it is located.
GRAPHIC LINK: NONCONFORMING USE
Nursing home, see Convalescent home.
Occupied shall include arranged, designed, built, altered, converted to, rented
or leased or intended to be occupied.
Off-street parking lot shall mean a facility providing vehicular parking spaces
along with adequate drives and aisles for maneuvering so as to provide access
for more than two automobiles.
Open-air business uses shall mean open-air business uses not conducted from
a wholly enclosed building, if operated for profit, shall include the following
uses:
(1) Bicycle, trailer, motor vehicle, boats or home equipment sale or rental
services.
(2) Outdoor display and sale of garages, swimming pools and similar uses.
(3) Retail sale of trees, fruit, vegetables, shrubbery, plants, seeds, topsoils,
humus, fertilizer, trellise, lawn furniture, playground equipment and other
home garden supplies and equipment.
(4) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature
golf, golf driving range, children's amusement park or similar recreation uses.
Open-front store shall mean a business establishment so developed that service
to the patron may be extended beyond the walls of the structure, not requiring
the patron to enter such structure.
Open storage shall mean all outdoor storage of building materials, sand, gravel,
stone, lumber, equipment and other supplies.
Parking space shall mean an area of such width and length, as provided in section
19-158, for each automobile or motor vehicle, such space being exclusive of
necessary drives, aisles, entrances or exits and being fully accessible for
the storage or parking of permitted vehicles.
Pet shall mean only such animals as may commonly be housed within domestic living
quarters.
Porch, enclosed, shall mean a covered entrance to a building or structure which
is totally enclosed, and projects out from the main wall of such building or
structure and has a separate roof or an integral roof with the principal building
or structure to which it is attached.
Porch, open, shall mean a covered entrance to a building or structure which
is unenclosed except for columns supporting the porch roof, and projects out
from the main wall of such building or structure and has a separate roof or
an integral roof with the principal building or structure to which it is attached.
Private service clubs, fraternal organizations and lodge halls shall mean those
uses which include non-profit service clubs and organizations such as American
Legion, VFW, Knights of Columbus, Benevolent Protective Order of the Elks, and
Amvets, which are privately owned but can be made available to the general public.
Public street shall mean:
(1) A public street which is dedicated to the public and which has been accepted
for maintenance by the county road commission; or
(2) Permanent and unobstructed private easement of record at the county register
of deeds.
Public utility shall mean any person duly authorized to furnish and furnishing,
under federal, state or municipal regulations, to the public, electricity, gas,
steam, communications, telegraph, transportation or water services.
Refreshment stand shall mean any place or premises used for sale, dispensing
or serving of food, refreshments or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or drink the
food, refreshments or beverages on the premises.
Road shall mean a public or private thoroughfare used, or intended to be used,
for passage or travel by motor vehicles. For purposes of this chapter, road
shall be defined to also include the term street. Roads are further classified
by the functions they perform.
(1) Local (minor) roads shall mean roads having an existing or planned right-of-way
of 60 feet primarily designed to provide access to immediately adjacent properties.
Through movement may be possible, but is not encouraged by operational controls;
it may be impossible in the case of cul-de-sacs. Part of the road width is usually
allocated to vehicle parking without restrictions, although special snow emergency
parking prohibitions may be necessary. Each abutting property may have a driveway
connection to the local (minor) road.
(2) Major (primary) thoroughfare shall mean roads have an existing or planned
right-of-way of 120 feet or greater primarily designed for the efficient movement
of through traffic at speeds which are as high as can be reasonably allowed
in view of safety considerations and the amount of access also being provided.
Capacity is obtained by provision of wide street cross sections and high capacity
controls at intersections or by elimination of intersections by grade separation.
Speed results from provision of good horizontal and vertical alignments and
removal of potential safety hazards, especially access friction.
Rooming house shall mean a building or part thereof, other than a hotel or motel,
where sleeping accommodations are provided for hire and where meals may be regularly
furnished.
Self-storage facilities shall mean facilities which are intended to provide
temporary storage needs for businesses, apartment dwellers and other individuals
on a self-service basis; and under strict standards, to ensure security, prevent
storage of flammable or toxic substances, create a pleasant environment and
allow proper access and circulation.
Separate ownership shall mean ownership of a parcel of property wherein the
owner does not own adjoining vacant property. Owner of a property may include
dual or multiple ownership by a partnership, corporation or other group. Provided,
that the owner of any number of contiguous lots of record may have as many of
such contiguous lots of record considered as a single lot of record for the
purpose of this chapter as he so elects, and in such case the outside perimeter
of such group of lots of record shall constitute the front, rear and side lot
lines thereof.
Setback shall mean the minimum horizontal distance between a structure, excluding
steps and unenclosed porches and the front street or right-of-way or lot line.
Sign shall mean any device designed to inform or attract the attention of persons
not on the premises on which the sign is located, provided, however, that the
following shall not be included in the application of the regulations herein:
(1) Signs not exceeding one square foot in area and bearing only property numbers,
post box numbers, names of occupants of premises, or other identification of
premises not having commercial connotations.
(2) Flags and insignia of any government except when displayed in connection
with commercial promotion.
(3) Legal notices; identification, informational or directional signs erected
or required by governmental bodies.
(4) Integral decorative or architectural features of buildings, except letters,
trademarks, moving parts or moving lights.
(5) Signs directing and guiding traffic and parking on private property, but
bearing no advertising matter.
Sign, accessory, shall mean a sign relating in its subject matter to the premises
on which it is located, or to products, accommodations, services or activities
on the premises.
Signs, number and surface area, for the purpose of determining number of signs,
a sign shall be considered to be a single display surface or display device
containing elements organized, related, and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of elements,
or where there is reasonable doubt about the relationship of elements, each
element shall be considered to be a single sign. The surface area of a sign
shall be computed as including the entire area within a regular geometric form
or combinations of regular geometric forms comprising all of the display area
of the sign and including all of the elements of the matter displayed. Frames
and structural members not bearing advertising matter shall not be included
in computation of surface area.
Soil removal shall mean removal of any kind of soil or earth matter, including
topsoil, sand, gravel, clay, rock or similar materials to a depth not greater
than 12 inches, except common household gardening and general farm care.
Sign types:
GRAPHIC LINK: Sign Types
Sign, billboard. A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than the premises
on which the sign is located.
Sign, business. A sign that directs attention to a business or profession conducted,
or to a commodity or service sold, offered or manufactured, or to an entertainment
offered on the premises where the sign is located.
Sign, directional. Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and
"exit."
Sign, directory. A sign listing the tenants or occupants of a building or group
of buildings and that may indicate their respective professions or business
activities. See figure below.
GRAPHIC LINK: Directory sign
Sign, facade. See "sign, wall."
Sign, face. The area or display surface used for the message.
Sign, freestanding. Any nonmovable sign not affixed to a building.
Sign, ground. Any sign, other than a pole sign, in which the entire bottom is
in contact with or is close to the ground and is independent of any other structure.
Sign, off-premise. See "sign, billboard."
Sign, wall. A sign fastened to or painted on the wall of a building or structure
in such a manner that the wall becomes the supporting structure for, or forms
the background surface of the sign and that does not project more than 12 inches
from such building or structure.
Sign, area. The entire face of a sign, including the advertising surface and
any framing, trim or molding, but not including the supporting structure.
State equalized valuation shall mean the value shown on the township assessment
roll as equalized through the process of state and county equalization.
State licensed residential facility shall mean a structure constructed for residential
purposes that is licensed by the state pursuant to Act No. 218 of the Public
Acts of Michigan of 1979 (MCL 400.701 et seq., MSA 16.610(51) et seq.), as amended,
which provides resident services for six or less persons under 24-hour supervision
or care for persons in need of that supervision or care.
Story shall mean that portion of a building, other than a cellar or mezzanine,
included between the surface of any floor and the floor next above it, or if
there be no floor above it, then the space between the floor and the ceiling
next above it.
(1) A "mezzanine" shall be deemed a full story when it covers more
than 50 percent of the area of the story underneath such mezzanine, or, if the
vertical distance from the floor next below it to the floor next above it is
24 feet or more.
(2) For the purposes of this chapter, a basement or cellar shall be counted
as a story if over 50 percent of its height is above the level from which the
height of the building is measured.
GRAPHIC LINK: BASIC STRUCTURAL TERMS
Story, half, shall mean the part of a building between a pitched roof and the
uppermost full story, such part having a floor area which does not exceed one-half
the floor area of such full story.
Street shall mean the public or private thoroughfare which affords traffic circulation
and principal means of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, road and other thoroughfare, except an
alley.
Structure shall mean anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
Structure alteration shall mean any change in the supporting members of a building
or structure, such as bearing walls or partitions, columns, beams or girders,
or any change in the width or number of exits, or any substantial change in
the roof.
Structure, outdoor advertising, shall mean any structure of any kind or character
erected or maintained for outdoor advertising purposes, upon which any outdoor
advertising sign or billboard may be placed, including outdoor advertising statuary.
Temporary building and use shall mean a structure or use permitted by the zoning
administrator to exist during periods of construction of the main use or for
special events, not to exceed six months.
Tents shall mean a shelter of canvas or the like supported by poles and fastened
by cords or pegs driven into the ground and shall not include those types of
tents used solely for children's recreational purposes.
Travel trailer shall mean a vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel and recreational purposes
having a body not exceeding eight feet in width or 28 feet in length.
Truck terminal shall mean a facility primarily for the receipt, transfer, short-term
storage, and dispatching of cargo and freight by trucks and where the cargo
and freight may be broken down or aggregated into smaller or larger loads for
transfer to other vehicles or modes of transportation.
Use shall mean the purpose for which land or premises of a building thereon
is designed, arranged or intended, or for which it is occupied, or maintained,
let or leased.
Usable floor area shall mean, for the purposes of computing parking, the net
floor area used for or intended to be used for the sale of merchandise or services
or for use to serve patrons, clients or customers. Such floor area which is
used or intended to be used principally for the storage of merchandise or for
utilities shall be excluded from this computation of usable floor area. Measurement
of gross floor area shall be the sum of gross horizontal areas of the several
floors of the building, measured from the interior faces of the exterior walls.
Variance shall mean a modification of the literal provisions of this chapter
granted when strict enforcement of this chapter would cause undue hardship owing
to circumstances unique to the individual property on which the variance is
granted.
Yard shall mean an open space of prescribed width or depth on the same land
with a building or group of buildings, which open space lies between the building
or group of buildings, and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein. This regulation
shall not exclude eaves provided that an eight-foot height clearance is provided
above the adjacent ground level.
Yard, front, shall mean a yard extending the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot line and the
nearest line of the main building.
GRAPHIC LINK: YARD REQUIREMENTS
Yard, rear, shall mean a yard extending across the full width of the lot, the
depth of which is the minimum horizontal distance between the rear lot line
and the nearest line of the main building.
Yard, side, shall mean a yard between a main building and the side lot line,
extending from the front yard to the rear yard. The width of the required side
yard shall be measured horizontally from the nearest point of the side lot line
to the nearest point of the main building.
Zoning administrator shall mean the administrative official responsible for
the enforcement of this chapter.
Zoning district shall mean a portion of the township within which, on a uniform
basis, certain uses of land and buildings are permitted and within which certain
yards, open spaces, lot areas, and other requirements are established by this
chapter.
(Ord. No. 101, § 2.01, 3-23-71; Ord. No. A20, § 1, 8-12-81; Ord. No.
A21, § I, 3-24-81; Ord. No. A22, § 1, 5-26-82; Ord. No. A34, §
9, 10-15-86; Ord. No. A40, § 2, 9-16-88; Ord. No. A47, § 5, 3-16-88;
Ord. No. A49, § 1, 6-15-88; Ord. No. A52, § 1, 10-5-89; Ord. No. A54,
§ 2, 11-22-89; Ord. No. 156-A66, § 1, 4-20-94; Ord. No. 156-A71, §
1, 4-19-95; Ord. No. 156-A73, § 12, 3-20-96; Ord. No. 156-A75, § 1,
5-21-97; Ord. No. 156-A79, § 1, 7-21-99; Ord. No. 156-A83, § 1, 7-21-99;
Ord. No. 156-A85, §§ 1, 2, 9-20-00; Ord. No. 156-A86, § 1, 5-16-01;
Ord. No. 156-A89, §§ 1, 2, 5-16-01; Ord. No. 156-A92, §§
1, 2, 8-29-01; Ord. No. 156-A97c, § 1, 3-20-02)
Sec. 19-3. Interpretation, application.
In interpreting and applying the provisions of this chapter, they shall be held
to be the minimum requirements for the promotion of the public safety, health,
convenience, comfort, morals, prosperity and general welfare. It is not intended
by this chapter to interfere with or abrogate or annul any ordinance, rules,
regulations or permits previously adopted or issued, and not in conflict with
any of the provisions of this chapter, or which shall be adopted or issued pursuant
to law relating to the use of buildings or premises, and likewise not in conflict
with this chapter; nor is it intended by this chapter to interfere with or abrogate
or annul any easements, covenants or other agreements between parties; provided,
however, that where this chapter imposes a greater restriction upon the use
of buildings or premises or upon height of buildings or requires larger open
spaces, or larger lot area than imposed or required by such ordinance or agreements,
the provisions of this chapter shall control.
(Ord. No. 101, § 23.01, 3-23-71)
Sec. 19-4. Penalty for violation.
(a) Any person who shall violate any of the provisions of this chapter, or who
fails to comply with any of the regulatory measures or conditions of the board
of appeals, or the township board, adopted pursuant thereto, is responsible
for a municipal civil infraction, subject to payment of a civil fine as specified
in section 1-10 of this Code, plus costs and other sanctions, for each infraction.
Each day such violation continues shall be deemed a separate offense.
Repeat offenses shall be subject to increased fines as provided by section 1-10
of this Code. The imposition of any fine shall not exempt the offender from
compliance with the requirements of this chapter.
(b) Uses of land, and dwellings, buildings, or structures, including tents,
trailer coaches and mobile homes, used, erected, altered, razed or converted
in violation of any provisions of this chapter are hereby declared to be a nuisance
per se. The court may order such nuisance abated and the owner and/or agent
in charge of such dwelling, building, structure, tent, trailer coach, mobile
home or land may be adjudged guilty of maintaining a nuisance per se.
(Ord. No. 101, § 24.01, 3-23-71; Ord. No. A44, 11-18-87; Ord. No. 163,
§ 1, 4-8-98)
Secs. 19-5--19-30. Reserved.
ARTICLE II. MAPPED DISTRICTS
Sec. 19-31. Enumeration.
The township is hereby divided into zones or districts as shown on the official
zoning map and shall include the following:
TABLE INSET:
R-1-R Rural residential.
R-1-S Suburban residential.
R-1 Single-family residential.
R-2 Multiple-family residential.
R-3 Mobile home park.
RO-1 Restricted office.
C-1 Local business.
C-2 Planned shopping center.
REC Recreation.
E Proving ground.
M-1 Light industrial.
M-2 General industrial.
M-3 Extractive industrial.
(Ord. No. 101, § 3.01,
3-23-71)
Sec. 19-32. Map.
The boundaries of the zoning districts are shown upon the map attached hereto
and made a part of this chapter, which map is designated as the "Official
Zoning Map of the Township of Milford." The zoning map shall be maintained
and kept on file with the township clerk, and all notations, references, and
other information shown thereon are a part of this chapter and have the same
force and effect as if the zoning map and all such notations, references and
other information shown thereon were fully set forth or described herein.
(Ord. No. 101, § 3.02, 3-23-71)
Sec. 19-33. Interpretation of district boundaries.
(a) Except where reference on the official zoning map to a street or other designated
line by the dimensions shown on such map, the district boundary lines follow
lot lines or the centerlines of the streets, alleys, railroads or such lines
extended and the corporate limits of the township as they existed at the time
of the adoption of this chapter.
(b) Where a district boundary line, as established in this section or as shown
on the map, divides a lot which was in a single ownership and of record at the
time of enactment of this chapter, the use authorized thereon and the other
district requirements applying to the least restricted portion of such lot,
under this chapter, shall be considered as extending to the entire lot, provided
that the more restricted portion of such lot is entirely within 25 feet of such
dividing district boundary line. The use so extended shall be deemed to be conforming.
(c) Questions concerning the exact location of district boundary lines shall
be determined by the board of appeals after recommendation from the planning
commission, according to rules and regulations which may be adopted by it.
(Ord. No. 101, § 3.03, 3-23-71)
Secs. 19-34--19-55. Reserved.
ARTICLE III. GENERAL PROVISIONS
Sec. 19-56. Conflicting regulations.
Whenever any provision of this chapter imposes more stringent requirements,
regulations, restrictions or limitations than are imposed or required by the
provisions of any other law or chapter, the provisions of this chapter shall
govern.
(Ord. No. 101, § 4.01, 3-23-71)
Sec. 19-57. Scope.
No building or structure, or part thereof, shall hereinafter be erected, constructed,
reconstructed or altered and 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 the chapter.
(Ord. No. 101, § 4.02, 3-23-71)
Sec. 19-58. Street, alley, railroad rights-of-way.
All street, alley and railroad rights-of-way, shall be deemed to be in the same
zone as the property immediately abutting upon such street, alley or railroad
rights-of-way. Where the centerline 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 centerline.
(Ord. No. 101, § 4.03, 3-23-71)
Sec. 19-59. Permitted area and placement.
(a) All such dwellings must be permanently attached to a perimeter foundation
approved by the township building official. Such foundations shall extend a
minimum of 42 inches below the adjacent ground level for frost protection.
(b) In no instance shall any dwelling transported to the building site on its
own wheels, flatbed or other trailer be installed with the wheels on. Before
any such dwelling is so transported to any site within the township, pictures,
renderings and/or drawings shall be furnished by the owner of the structure
to the building official for the township for review as set forth in this chapter.
Should such pictures, renderings and/or drawings be unavailable, actual costs
shall be paid by the owner of such structure for the travel expenses of the
township building official to view the structure prior to its arrival within
the township.
In addition, no dwelling shall be moved into the township without conformance
to section 19-72 and no dwelling so moved into the township shall be permanently
located with any exposed towing mechanism, undercarriage or chassis.
(c) All dwellings shall be permanently connected to a source of potable water,
either public or private, which is approved by the local health department.
(d) All dwellings shall be permanently connected to a sanitary waste disposal
system, either public or private, which is approved by the local health department.
(e) All dwellings shall have a minimum horizontal dimension across all front,
side and rear building facades of 20 feet with the exception of minor architectural
features, including but not limited to vestibules, enclosed porches and attached
garages which may be less than 20 feet.
(f) All dwellings shall comply with the state construction code, as promulgated
by the state construction code commission under the provisions of Act No. 230
of the Public Acts of Michigan of 1972 (MCL 125.1501 et seq., MSA 5.2949(1)
et seq.), as amended.
Where a dwelling is required by law to comply with any federal or state standards
or regulations for basic construction that are in conflict with the Michigan
State Construction Code as outlined above, such federal or state standards or
regulations shall apply.
(g) All dwellings shall contain a storage capability of ten percent of the square
footage of the dwelling or 100 square feet, whichever is less.
Such storage area shall be located in a basement under the dwelling, in an attic
area, in closet areas or in a separate structure of construction similar to
and of equal or better quality than the principal dwelling.
(h) In order to facilitate the drainage of stormwater, all dwellings shall have
either a roof overhang of not less than six inches on all sides or alternatively
have window sills and roof drainage systems concentrating roof drainage at collection
points along the sides of the dwelling.
(i) No dwelling shall contain an addition or rooms or other area which is not
constructed with compatible quality workmanship and materials as the original
structure including but not limited to permanent attachment to the principal
structure and a perimeter foundation, as required in this chapter.
(j) All dwellings shall comply with all pertinent building energy and fire codes.
In the case of a mobile home, all construction and all plumbing, electrical
apparatus and insulation within and connected to such mobile home shall conform
to the "Mobile Home Construction and Safety Standards," as promulgated
by the United States Department of Housing and Urban Development, being 24 CFR
3280, and as the same may be from time to time amended.
(k) Notwithstanding any of the foregoing, no mobile home may be used or occupied
as a dwelling in an R-2, multiple family residential district, except as permitted
in this chapter for use as a single-family dwelling.
(l) The dwelling shall be aesthetically compatible in design and appearance
with other residences in the vicinity. There shall be no less than two exterior
doors with the second one being in either the rear or side of the dwelling with
steps connected to such exterior door areas or to porches connected to such
door areas where a difference in elevation requires the same.
The compatibility of design and appearance shall be determined in the first
instance by the township 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 30 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 within definition of "dwelling unit,"
as well as the character, design and appearance of one or more residential dwelling
located outside of mobile home parks within 2,000 feet of the subject dwelling
where such area is situated within such area; or, where such area is not so
developed, by the character, design and appearance of one or more residential
dwellings located 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.
(m) The foregoing standards shall apply to any mobile home located within a
licensed mobile home park except to the extent required by state or federal
law or otherwise specifically required in the township ordinances pertaining
to such parks.
(n) For all dwelling units as set forth in the provisions of this section, in
order to facilitate the inspection of basements or crawl spaces during inclement
weather, or in case of a fire, undistinguishable odor, mechanical or electrical
problems, a readily-accessible access opening not less than 22 inches by 30
inches shall be provided from the interior of such dwelling.
(Ord. No. A22, § 1(b), 5-26-82; Ord. No. A48, § 1(4.04), 6-15-88)
Sec. 19-60. Permitted height.
(a) 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 penthouses or roof structures for 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 and domestic
television aerials and wireless mass (other than amateur radio/citizen radio
antennas), roof attached wireless communication facilities, water tanks or similar
structures may be erected to exceed by more than 15 feet than height limits
of the district in which it is located; nor shall such structures have a total
area greater than ten percent of the roof area of the building; nor shall such
structures be used for any residential purpose or any commercial or industrial
purpose other than a use incidental to the main use of the building, unless
that structure is a roof attached wireless communication facility.
(b) Amateur radio/citizen radio antennas shall not exceed 65 feet above grade
in an R-1-R, R-1-S, R-1, R-2 and R-3 district, or more than 30 feet above the
height limits of a nonresidential district in which it is located. A building
permit shall be required for any antenna support structure excluding the height
of any building to which the antenna support structure is attached, which exceeds
12 feet. No antenna shall protrude in any manner upon adjoining property or
upon public right-of-way. Ground-mounted antenna support structures may be erected
only in a rear or side yard.
(Ord. No. A51, § 2(4.05), 8-16-89; Ord. No. 156-A97b, § 1, 10-17-01)
Sec. 19-61. Lot limitations.
In single-family 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 "outlots" which may be so arranged or subdivided as to provide
for one or more principal buildings where 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 complies with all the other requirements on land subdivided according
to the Plat Act, MCL 560.101 et seq., MSA 26.430(101) et seq.
(Ord. No. 101, § 4.06, 3-23-71)
Sec. 19-62. Lots, yards and open spaces.
No space which for the purpose of a building has been counted or calculated
as part of a side yard, rear yard, front yard, or other open space, including
required lot area per dwelling unit, required by this chapter, may by reason
of change in ownership or otherwise be counted or calculated to satisfy or comply
with a yard or other open space or lot area requirements for any other building.
(Ord. No. 101, § 4.07, 3-23-71)
Sec. 19-63. Porches, patios and terraces.
An open, unenclosed porch, paved patio or terrace may project into the minimum
front or rear yard for a distance not to exceed ten feet.
(Ord. No. 101, § 4.08, 3-23-71)
Sec. 19-64. Projections into yards.
Architectural features, not including vertical projections, may extend or project
into a required side yard not more than two inches for each one foot of width
of such side yard and may extend or project into a required front yard or rear
yard not more than three feet.
(Ord. No. 101, § 4.09, 3-23-71)
Sec. 19-65. Required street frontage.
Any parcel of land which is occupied by a use or building shall front its full
width on, and provide direct access to a public street or private easement.
(Ord. No. 101, § 4.10, 3-23-71; Ord. No. 101A, § 1, 12-19-01)
Sec. 19-66. Appearance.
Any case where a building or accessory building in a nonresidential district
is erected or placed on any parcel of land fronting upon any public street,
all sides of such building or accessory building visible from a public right-of-way
or private road easement serving two or more parcels shall be constructed of
decorative materials such as, but not limited to, stone, face brick, aggregate
panels or other types of panels when applied on a masonry wall as decoration
only and having a guaranteed finish life of ten years or more. Painted masonry
or masonry units shall not be deemed as complying with this section. No building
shall be constructed of tarred paper, tin, corrugated iron or any form of pressed
board or felt or similar material within the limits herein specified.
(Ord. No. 101, § 4.11, 3-23-71; Ord. No. 156-A94, § 1, 1-24-01)
Sec. 19-67. Dwellings in nonresidential districts.
No dwelling shall be erected in the RO-1, C-1, C-2, E, REC, M-1, M-2 or M-3
zoning districts. However, the sleeping quarters of a watchman or a caretaker
may be permitted in such districts in conformance with the specific requirements
of the particular district.
(Ord. No. 101, § 4.12, 3-23-71)
Sec. 19-68. Dwellings in other than main structure.
No residential structure shall be erected upon any required rear yard of a lot
or upon a lot with another dwelling.
(Ord. No. 101, § 4.13, 3-23-71)
Sec. 19-69. Accessory buildings, structures, and swimming pools in residential
districts.
In residentially zoned districts, accessory buildings, structures and swimming
pools, except as otherwise permitted in this chapter, shall be subject to the
following regulations:
(1) Where the accessory building or structure is structurally attached to a
main building, it shall be subject to and must conform to all regulations of
this chapter applicable to main buildings. Detached accessory buildings and
structures shall not be erected in any required front yard.
(2) Detached accessory buildings, structures and swimming pools shall not be
erected in any front yard, except that in an R-1-R district a detached accessory
building, structure or swimming pool may be erected in a front yard subject
to the following standards:
a. A main farm barn building shall be set back not less than 150 feet from front
property line. (Refer also to section 19-526, footnote f).
b. For other than a main farm barn building, the setback shall be at least half
the front yard setback of the main house building but not less than the minimum
required front yard setback for the district wherein located.
c. Landscaping of accessory building environs is required.
(3) An accessory building, structure or swimming pool may occupy not more than
25 percent of a required rear yard, plus 40 percent of any nonrequired rear
yard; provided, that in no instance shall the accessory building exceed the
ground floor area of the main building. Notwithstanding the above, an accessory
building in an R-1-R or R-1-S district may exceed the ground floor area of the
main building on the lot if:
a. Such accessory building is customarily incidental to an existing permitted
principal use in the R-1-R or R-1-S district in which located.
b. Does not exceed 2,500 square feet in ground floor area.
c. Is not located closer than 25 feet to any property line.
d. Is located behind the rear building line of the principal building on the
lot.
e. Is located no closer than 100 feet from any dwelling.
(4) When an accessory building, structure or swimming pool is located on a corner
lot, the side lot line which is adjacent to the side street and which is a continuation
of the front lot line of the lot to its rear, said building, structure or swimming
pool shall not project beyond the front yard line required on the lot in rear
of such corner lot.
(5) No detached accessory building, structure or swimming pool shall be located
closer than ten feet to any principal building nor shall it be located closer
than three feet to any side or rear lot line, except that all accessory buildings
for the keeping and raising of horses, fowl, rabbits or other small animals
shall be located no closer than 100 feet to any principal building nor closer
than 25 feet to any property line. For accessory buildings 121 square feet or
more in floor area, minimum spacing from any side or rear lot line shall be
25 feet.
(6) No detached accessory building in a residential zoning district shall exceed
permitted height allowed for residential zoning districts in 19-526, Table A.
(7) With respect to existing legal nonconforming accessory buildings in an R-1-R
district as of May 17, 2000, such may be restored or structurally altered, without
approval of the zoning board of appeals, provided there is no increase in existing
building height or setbacks, and there is compliance with the township building
code.
(Ord. No. 101, § 4.14, 3-23-71; Ord. No. A43, § 4, 11-18-87; Ord.
No. A45, § 2, 12-16-87; Ord. No. 156-A65, §§ 1, 2, 12-15-93;
Ord. No. 156-A68, §§ 1, 2, 8-10-94; Ord. No. 156-A80, § 1, 10-21-98;
Ord. No. 156-A82, § 1, 5-17-00)
Sec. 19-70. Occupancy; temporary garages, accessory building, basement apartments
prohibited.
Buildings erected after the effective date of this chapter 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.
(Ord. No. 101, § 4.15, 3-23-71)
Sec. 19-71. 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 surface water
to run away from the walls of the building. A sloping grade beginning at the
sidewalk level, shall be maintained and established from the center of the front
lot line to the finished grade line at the front of the building, and also from
the rear lot line to the front, both grades sloping to the front property line.
However, this shall not prevent the grading of a yard space to provide sunken
or terraced areas, provided proper means are constructed and maintained to prevent
run-off of surface water from flowing onto the adjacent properties. Grade elevations
shall be determined by using the elevation at the centerline of the road in
front of the lot as the established grade or such grade determined by the township
engineer or zoning administrator.
(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 and not to permit run-off surface water to flow onto the adjacent property.
(c) Final grades shall be approved by the zoning administrator who may require
a "Certificate of Grading and Location of Building within the Township
of Milford," which has been duly completed and certified by a registered
engineer or land surveyor.
(Ord. No. 101, § 4.16, 3-23-71)
Sec. 19-72. Buildings to be moved.
No permit shall be granted for the moving of buildings or structures from without
or within the limits of the township to be placed on property within such limits
unless the zoning administrator shall have made an inspection of the building
to be moved and has found that it is structurally safe, will not adversely affect
the character of existing buildings in the neighborhood of the new location
and will fully comply with the building code and other codes regulating the
health, safety and general welfare of the township. In addition to securing
a permit, a performance bond shall be provided by the applicant desiring to
move a building or structure in an amount as established by the township board.
Such performance bond shall be of such amount as to permit the completion of
a new foundation and other improvements to such moved building or structure
in order to make it suitable for occupancy within a period of not less than
six months from date of such permit.
(Ord. No. 101, § 4.17, 3-23-71)
Sec. 19-73. Excavations or holes.
The construction, maintenance or existence within the township of any unprotected,
unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute
or are reasonably likely to constitute a danger or menace to the public health,
safety or welfare, are hereby prohibited; provided, however, this section shall
not prevent any excavation under a permit issued, pursuant to this chapter,
where such excavations are properly protected and warning signs posted in such
a manner as may be approved by the zoning administrator 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, the county, the township or other governmental agency.
(Ord. No. 101, § 4.18, 3-23-71)
Sec. 19-74. Restoring unsafe buildings.
Nothing in this chapter shall prevent the strengthening or restoration to a
safe condition of any part of any building or structure declared unsafe by the
zoning administrator, or required to comply with his lawful order.
(Ord. No. 101, § 4.19, 3-23-71)
Sec. 19-75. Construction begun prior to adoption.
Nothing in this chapter shall be deemed to require any change in the plans,
construction or design use of any building upon which actual construction was
lawfully begun prior to March 23, 1971 and upon which building actual construction
has been diligently carried on, and provided further, that such building shall
be completed within two years from March 23, 1971.
(Ord. No. 101, § 4.20, 3-23-71)
Sec. 19-76. Voting place.
The provisions of this chapter shall not be so construed as to interfere with
the temporary use of any property as a voting place in connection with a township
or other public election.
(Ord. No. 101, § 4.21, 3-23-71)
Sec. 19-77. Approval of plats.
No proposed plat of a new or redesigned subdivision shall be approved by either
the township board or planning commission unless the lots within such plat equal
or exceed the minimum size and width requirements set forth in the various districts
of this chapter, and unless such a plat fully conforms with the statutes of
the state and chapter 16 as may be adopted.
(Ord. No. 101, § 4.22, 3-23-71)
Sec. 19-78. Essential services.
Essential services shall be permitted as authorized under any franchise or that
which may be regulated by any law of the state or any ordinance of the township,
it being the intention hereof to exempt such essential services from the application
of this chapter.
(Ord. No. 101, § 4.23, 3-23-71)
Sec. 19-79. Signs.
(a) Intent. The township finds that signs and other visual outdoor advertising
tends to promote commerce and are related to the health, safety, and/or general
welfare of the residents of the community, and that the preservation of the
existing character of the community requires regulation of signs and of other
visual outdoor advertising. The township finds that failure to regulate the
size, location, and construction of signs and other outdoor advertising may
have an adverse effect upon the promotion of business and commerce in the township,
may lead to poor identification of businesses, may have an adverse effect upon
the existing aesthetic character of the township and may cause deterioration
of business and residential areas of the community. Therefore, the purpose of
this section and the subsections thereunder is to:
(1) Permit such signs and visual outdoor advertising as will not, by reason
of their size, location, or manner of display endanger public health and/or
safety, confuse or mislead traffic, or obstruct vision necessary for traffic
and pedestrian safety;
(2) Regulate signs and other visual outdoor advertising in such a way as to
prevent the placement of signs, and other visual outdoor advertising in a manner
that will conceal or obscure other signs and other visual outdoor advertising
on adjacent businesses;
(3) Keep the number of signs and sign messages at a minimum level reasonably
necessary to identify a business and its products;
(4) Keep signs within a reasonable scale with respect to the buildings to which
they relate;
(5) Prevent off-premise signs from conflicting with business, residential and
public land uses; and
(6) Prohibit signs and other visual outdoor advertising which will have an adverse
effect upon the existing aesthetic character of not only the zoning district
in which they are located, but also upon the overall existing aesthetic character
of the township.
(b) Definitions.The following definitions shall apply to the specific type signs.
(See also Sign Types diagram.)
Accessory shall mean a sign which is accessory to the principal use of the premises
such as, but not limited to, a wall sign.
Banner shall mean a sign usually consisting of a larger square or rectangular
piece of cloth, netting, etc., duly inscribed and suspended in public view,
as across a street, in front of a building, or from a light fixture or pole.
Canopy (awning) sign shall mean a sign that is painted on, attached to, and
made an integral component of an awning or canopy that is otherwise permitted
by ordinance.
Changeable copy sign shall mean a sign or portion thereof with characters, letters,
or illustrations that can be changed or rearranged without altering the face
or the surface of the sign. A sign on which the message changes more than eight
times per day shall be considered an animated sign and not a changeable copy
sign for purposes of this section. A sign on which the only copy that changes
is an electronic or mechanical indication of time, or temperature or stock market
messages shall be considered a "time/weather/stock market" portion
of a sign and not a changeable copy sign for purposes of this section.
Construction sign shall mean temporary signs identifying active or pending development
projects constructed or installed in accordance with the requirements in subsection
19-79(j).
Decorative display shall mean a temporary display designated for the entertainment
or cultural enrichment of the public and having no direct or indirect sales
or advertising.
Directory sign shall mean an off-premises ground sign listing only the name(s)
of tenants or occupants of a building, group of buildings, and/or business district,
their professions or business activities, and their direction or location.
Freestanding sign shall mean a sign attached to a permanent foundation, supported
above the ground not less than five feet, as measured from grade to the bottom
of the sign by one or more poles, posts, or similar uprights with or without
braces, upon which announcements, declarations, displays, etc., may be placed.
Inflatable sign shall mean a sign consisting of a balloon or other gas filled
figure.
Monument sign shall mean a sign extending upward from grade which is attached
to a permanent foundation for a distance not less than 50 percent of its length,
and which may be attached or dependent for support from any pole, posts, or
similar uprights provided such supports are concealed within the sign structure.
Marquee sign shall mean a sign attached to or hung from a marquee, canopy, or
other structure projecting from and supported by the building and extending
beyond the building wall.
Nonaccessory shall mean any sign which contains a message unrelated to or not
advertising a business transacted or goods sold or produced on the premises
on which the sign is located; also called a remote sign, billboard, or off-premise
sign.
Political sign shall mean a sign, typically temporary in nature, which promotes
political parties, candidates, or proposals.
Portable sign shall mean any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels; sign
converted to a- or t-frames; menu and sandwich board signs; balloons used as
signs; umbrellas used for advertising; and signs attached to or painted on vehicles
parked and visible from the public right-of-way, unless said vehicle is used
in the normal day-to-day operations of the business.
Projecting sign shall mean a sign which is affixed to any building or structure
other than a marquee, and any part of which extends beyond the building wall
and the horizontal sign surface is not parallel to the building wall.
Residential development sign shall mean a sign identifying the name of a subdivision,
condominium complex, or other residential development.
Roof sign shall mean a sign which is erected, constructed, and maintained above
any portion of the roof or exterior wall of a building or structure.
Sign shall mean any announcement, declaration, display, billboard, illustration,
or insignia when designed and placed so as to attract general public attention
and convey a message and may include the use of any words, numerals, figures,
devices, designs, or trademarks by which anything is made known and visible
to the general public such as are used to show an individual firm, profession,
business, or business location, and also any banner, bulbs, or other lighting
devices, streamer, pennant, balloon, propeller, flag (other than the official
flag of any nation or state) and any similar device of any type or kind whether
bearing lettering or not.
Temporary construction sign shall mean a sign identifying the names of the project
developers, contractors, engineers, architects, and financial institutions,
along with the project name and its features, which is located on a site being
developed or improved.
Temporary sign shall mean a sign, or other advertising device constructed of
cloth, canvas, fabric, plastic, or other light temporary material, with or without
a structural frame, or any other sign, intended for a limited period of display
such as, but not limited to, banners or portable signs.
Wall sign shall mean a sign which is attached directly to a building wall with
the horizontal sign surface parallel to the building wall, including signs painted
on any building wall.
Window sign shall mean a sign painted on or affixed to glass surfaces of windows
or doors and pertaining to and identifying only the lawful business conducted
therein, or the products or services offered on site.
(c) Scope of application. All signs erected or located in any zoning district
shall comply with the following regulations; however, the following signs shall
not be included in the application of the regulations contained herein:
(1) Signs not exceeding one square foot in area and bearing only property numbers,
post box numbers, names of occupants of premises, or other identification of
premises not having commercial connotations. Numbering of buildings shall conform
to the requirements of section 4-84 of this Code.
(2) Flags and insignia of any government except when displayed in connection
with commercial promotion.
(3) Legal notices or identification, informational or directional signs erected
or required by governmental bodies.
(4) Integral decorative or architectural features of buildings, including ornamental
banners used at a private residence, except letters, trademarks, moving parts
or moving lights.
(5) Signs directing and guiding traffic and parking on private property, but
bearing no advertising matter.
(6) Yard sale signs; provided that no person shall attach in any way posters,
notices or advertisements to utility poles, meter posts, or trees in or along
any street right-of-way within the township; and that no person shall put up
any notice upon any building, wall or fence or other property of another person
without having first obtained the consent of the owner of such property. The
maximum time limit for all yard sale signs is three consecutive days within
six calendar months.
(7) Gasoline price signs; provided the total sign area is less than 12 square
feet.
(8) At gasoline stations, corporate identification signs of less than ten square
feet for each side of the canopy, attached directly to a canopy providing coverage
to pump islands.
(9) Signs painted on, or affixed to, glass surfaces of windows or doors and
pertaining to and identifying only the lawful business conducted therein, not
exceeding two square feet in area.
(10) Wall murals and similar graphics containing no direct advertisement, subject
to the review and approval of the planning commission.
(11) All incandescent light sources shall be shielded from view of a residential
property.
(d) Prohibited signs.
(1) Marquee, projecting or roof signs.
(2) Permanent exterior banners, pennants, spinners, and streamers.
(3) Exterior string lights used in the connection with commercial premise, other
than holiday decorations.
(4) Any sign which is structurally or electrically unsafe.
(5) Signs painted directly on structures or signs painted on, attached, or affixed
to any tree, rock, or similar organic or inorganic natural matter.
(6) Freestanding signs, except as may be provided by subsection (i)(4)a. below.
(7) Nonaccessory signs, except as provided under temporary signs in subsection
(j) below.
(8) There shall be no flashing, oscillating, intermittent or running circulatory
lights on any sign in the township, except that time/weather/stock market signs
may be permitted provided the frequency of the message change shall be not less
than every ten seconds, the illumination of the sign shall be no brighter than
one footcandle measured four feet from the sign, and the area displaying time/weather/stock
market messages is included within the maximum sign area permitted on site.
(See also definition of changeable copy sign.)
(9) There shall be no red, blue or green illumination on any sign located in
the same line of vision as a traffic control system, no interference with vision
clearance along any highway, street or road or at any intersection of two or
more streets. No sign shall be so located, directed, [or] constructed as to
be a hazard to pedestrians or vehicular traffic safety as determined by the
county sheriff or township building official.
(e) General conditions. Except as otherwise provided, the following conditions
shall apply in all districts:
(1) A building permit shall be required for the erection, construction or alteration
of any sign, except as herein provided, and each such sign shall be approved
by the township building official as to its conforming to the requirements of
the zoning district wherein such sign is to be located and the requirements
of this section.
(2) No sign, except those placed and maintained by the township, county or state
shall be located in, overhang or encroach upon any public right-of-way.
(3) Historical marker signs of a recognized township, state, county or federal
historical preservation agency are permitted in any zoning district provided
they do not exceed ten square feet in area on each side, seven feet in height,
and provide a minimum ten-foot setback from any property line. Signs may be
freestanding signs or placed on a wall face.
(4) Illumination of signs shall be in accordance with the following standards:
a. In no case shall any sign exceed a lighting level of eight hundredths (0.08)
footcandles and a luminous brightness of 2,400 foot lamberts, when measured
at the property line. For purposes of this section, foot lambert shall be defined
as the average "brightness" of any surface emitting or reflecting
one lumen per square foot.
b. No glare or direct view of the light source (lamp) shall be observed from
any adjacent property or roadway.
c. Signs in residential districts shall not be internally illuminated; instead,
such lighting may only be provided by a projecting light source which is shielded
to reduce glare and so arranged to reflect lights away from neighboring residences.
In addition, all illuminated signs shall be located not less than 100 feet from
an abutting residentially zoned property.
(5) All site plans submitted in accordance with section 19-84 shall identify
the location(s), height, type, and size of all existing and proposed signs.
(6) Signs shall contain no wording, symbol, figure, or similar form expressing
obscene, immoral, pornographic, or otherwise offensive and objectionable reference.
(7) Any sign, which is placed in a manner to attract the attention of the general
public outside of the building, whether the sign is located inside of the building
or installed on the exterior of the building is to be considered a wall sign/window
sign and shall comply to all applicable sections of the zoning ordinance.
(f) Methodology for calculating sign area and height.
(1) Sign area. The area of sign shall be computed as including the entire area
within a regular geometric form or combination of such forms suitable as the
display area of the sign and including all of the elements of the matter displayed.
An area so created shall include all solid surfaces including cladding, as well
as all openings. Where a sign has two or more faces, the area of all faces shall
be included in determining the area of the sign, except that where two such
faces are placed back-to-back, parallel to one another, and less than 24 inches
apart, the area of the sign shall be the area of one face. Where a sign has
two or more faces, that portion of the sign structure connecting the sign faces
shall not be used for display purposes. (Refer also to sign types area calculations
diagram below.) For purposes of this section, sign surface area and signage
shall have the same meaning.
(2) Sign height. The height of a sign shall be computed as the distance from
the base of the sign at normal grade to the top of the highest attached component
of the sign. Normal grade shall be construed to be the existing grade prior
to construction; or, the newly established grade after construction, both exclusive
of or not credited toward any filling, berming, mounding, or excavating solely
for the purpose of locating the sign. In cases in which the normal grade cannot
reasonably be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal to the elevation
of the nearest point of the crown of a public street or the grade of the land
at the principal entrance to the principal structure on the zoning lot, whichever
is lower.
(g) Maximum total allowable sign surface area, sign height and sign placement
restrictions. Unless otherwise provided in this section, the total surface area
devoted to all signs on any lot shall not exceed the limitations set forth in
this section, and all signs except temporary signs, shall be included in this
calculation.
(1) The maximum total allowable signage permitted on any single-family residential
lot or parcel shall be two square feet.
(2) The maximum total allowable signage allowed, and sign height above grade,
shall not exceed the amounts specified in the table below.
GRAPHIC LINK: Max. Total Allowable Sign Area
(3) If a lot has frontage on more than one major thoroughfare, then the maximum
total allowable signage permitted on that lot shall be the sum of the sign surface
area allotments related to each street on which the lot has frontage. However,
the maximum allowable total signage that is oriented toward a particular street
may not exceed the portion of the lot's maximum total allowable sign surface
area allocation that is derived from frontage on the street.
(4) Whenever a lot is situated such that it has no street frontage on any lot
boundary and an applicant desires to install on such a lot a sign that is oriented
toward a street, then the maximum total allowable signage permitted on that
lot shall be the sign surface area that would be allowed if the lot boundary
closest to the street toward which such sign is to be oriented fronted on such
street. The applicant shall be restricted to using only one street and the closest
lot boundary to this street for determining the maximum total allowable signage
permitted. However, the applicant shall be given the opportunity to determine
the one street used in the calculations.
(5) The sign surface area of any sign located on a wall of a structure may not
exceed 20 percent of the total surface area of the wall on which the sign is
located.
(6) Except as may otherwise be provided herein, freestanding and monument signs
shall be setback a minimum of ten feet back of the property line, except that
such signs shall not be located closer than a distance equal to its height to
an abutting residential district.
(7) No sign may extend above any parapet or be placed upon any roof surface,
except that for purposes of this section, roof surfaces constructed at an angle
of 75 degrees or more from horizontal shall be regarded as wall space.
(8) No sign attached to a building may project more than 14 inches from the
building wall.
(9) Monument signs shall not exceed a height of ten feet and shall be subject
to height and setback limitations imposed by the following diagram.
GRAPHIC LINK: Monument Sign Height Limitations
(h) Permitted signs in residential districts and the REC district. Signs are
allowed in the R-1, R-1-R, R-1-S, R-2, R-3 and REC districts subject to the
following:
(1) One unlighted sign announcing a home occupation, or professional service,
not-to-exceed two square feet in area shall be permitted. The sign shall be
attached flat against the front wall of the building, or placed immediately
adjacent to the main driveway serving the site.
(2) Residential development signs indicating only the name of the development
and the management/developer thereof, shall be permitted, subject to the following:
a. The residential development signs shall be monument signs.
b. There shall not be more than one residential development signs for each major
point of vehicular access to a development.
c. Residential development signs shall not exceed 32 square feet in gross surface
area.
d. Residential development signs may be located in any required yard but shall
not extend over any lot line or within 15 feet of any point of vehicular access
from a zoning lot to a public roadway or private easement. The location and
arrangement of all residential development signs shall be subject to the review
and approval of the building official.
e. Residential development signs shall not project higher than eight feet.
f. Residential development signs may be located within a public right-of-way
of a local or collector residential street provided it is sited within a landscaped
entryway island and located no closer than five (5) feet to the right-of-way
of the intersecting street.
(3) Two signs consisting of a combination of wall, and/or monument signs (or
freestanding sign if approval under subsection (i)(4)a. below) identifying a
park, school, farms, church, public building, and any other authorized use shall
be permitted subject to the following:
a. Each sign shall not exceed 24 square feet in area, except that on sites of
40 acres or more, signs up to 50 square feet shall be allowed.
b. Freestanding or monument signs shall not exceed five feet in height, and
placed no closer to the street right-of-way line than one-third the minimum
authorized front yard depth.
(4) One unlighted sign announcing a bed and breakfast establishment or similar
use not-to-exceed two square feet in area shall be permitted. The sign shall
be attached flat against the front wall of the building.
(5) Scoreboard(s) or nonaccessory signs made an integral part of a recreational
building or athletic field shall be allowed, provided that such signs do not
exceed a maximum area of 100 square feet.
(6) In the R-2 district, one monument sign indicating the name of the multiple-family
development shall be allowed. It shall not exceed eight feet in height, a sign
area of 32 square feet, and placed no closer than one-third the minimum authorized
front yard depth.
(7) Signs in the REC district shall be allowed subject to the following:
a. One monument sign shall be permitted for each primary point of vehicular
access from a public right-of-way and/or parkway street. Monument sign(s) shall
not exceed a height of eight feet and 50 square feet in area per sign face.
Monument signs may be located anywhere back of the property line, provided,
however, that such signs shall not be placed closer than 50 feet to any residential
district or another freestanding sign, or a distance equal to its height to
an adjacent public right-of-way and/or parkway street, or adjacent nonresidential
property.
b. One wall sign shall be permitted for each building on the building side having
the primary entrance. Wall signs shall be attached to, and parallel to, the
wall of the building. The maximum size of any such sign shall not exceed ten
percent of the building face to which it is attached, however, in no instance
shall such sign exceed 100 square feet.
c. Scoreboards or nonaccessory signs shall be permitted by right provided they
are made an integral part of a recreational stadium or similar use area and
do not exceed a maximum area of 100 square feet.
d. The following additional types of signs are permitted without limitation
as specified in this subsection.
1. Monument signs erected to designate hours of activity or conditions of use
for parks, parking lots, recreational areas, and other similar use areas provided
they do not exceed 24 square feet in area per sign face.
2. Directional signs used in conjunction with trails, drives or off-street parking
areas, provided any such sign does not exceed four square feet in area per sign
face, is limited to traffic control functions, does not obstruct traffic vision,
and does not contain any advertising copy or logo.
3. Menu boards, not exceeding 20 square feet in total area, when used in conjunction
with a food service area or concession stand.
4. Signs used for public convenience identifying public restrooms, first aid
stations, telephones, and similar use areas, provided they do not exceed four
square feet in area per sign face.
5. Informational kiosks intended for public or semi-public use not exceeding
a height of ten feet or 20 square feet in area, per sign face.
(i) Permitted signs in the nonresidential districts. Signs are allowed in the
RO-1, C-1, C-2, M-1, M-2 and M-3 districts subject to the following conditions:
(1) Number of signs permitted. Except as may be otherwise specified herein,
there shall not be more than two signs allowed for any one business establishment
or composite of businesses under single ownership or control with frontage on
a single public street or dedicated easement or three signs allowed for any
one business or composite of businesses under single ownership or control with
frontage on more than one public street or dedicated easement.
(2) Wall signs.
a. Flat wall signs shall be attached to, and be parallel to, the wall of the
building to which they are attached and may not be painted or otherwise imprinted
directly upon any building wall.
b. Wall signs shall be limited in number to one wall sign for each business
having an individual means of customer access. The maximum size of any such
sign shall not exceed 20 percent of the applicable building face area to which
it is attached provided, however, that no such individual sign shall exceed
100 square feet in area.
c. In the instance of several tenants utilizing a common public entranceway,
such as in the case of a shopping mall or multi-story office building, a common
wall sign not exceeding 20 percent of the building face to which it is attached
shall be permitted. Only one such sign per side of building having an individual
means of customer access shall be permitted.
(3) Canopy signs.
a. Canopy signs may be installed in lieu of wall signs provided the canopy structure,
to which they are a part, do not extend into a public right-of-way or encroach
over abutting property lines.
b. The maximum size of any canopy sign shall not exceed 20 percent of the building
facade to which they are pertinent, however, no such sign shall exceed 100 square
feet in area.
c. Any such canopy structure shall not be less than two feet from any vehicular
parking space or maneuvering lane.
d. A minimum underclearance of seven feet shall be maintained above the sidewalk
by all canopy structures.
e. Canopies hereafter erected shall, whenever practicable, match the established
underclearance height and projection of canopies which exist on abutting parcels
and/or businesses.
f. Only the copy area of the canopy should be identified as sign area used for
calculation purposes.
(4) Monument signs.
a. Except as authorized by this subsection, no development may have more than
one monument sign; however, a freestanding sign may be approved in its place
by the planning commission only when consistent with the intended use of the
property and upon an affirmative finding of facts that monument sign(s) will
not provide adequate identification of the premises owing to restricted sight
visibility caused by area topographic conditions, the desire to preserve plant
materials on site, the juxtaposition of existing signs and/or buildings in the
vicinity, or roadway geometrics.
b. If a development is located on a corner lot that has at least 100 feet of
frontage on each of the two intersecting public streets and/or dedicated easements,
then the development may have not more than one monument sign or freestanding
sign if approved under subsection (4)a. above, along each side of the development
bordered by such streets or easements.
c. If a development is located on a lot that is bordered by two public streets
and/or dedicated easements that do not intersect at the lot's boundaries (double
frontage lot), then the development may have not more than one monument sign
or freestanding sign if approved under subsection (4)a. above, on each side
of the development bordered by such streets or easements.
d. The maximum sign area allowed for freestanding sign(s) if approved under
subsection (4)a. above, shall be 50 square feet, except that a maximum sign
area of up to 100 square feet shall be permitted for planned shopping centers
containing a gross floor area of not less than 50,000 square feet. In addition,
the area of a monument sign may be increased in size by 20 percent over that
allowed for freestanding signs as an incentive to reduce overhead visual clutter
and to improve site aesthetics on township business properties.
e. Notwithstanding the above limitations, the planning commission may permit
additional monument signs or freestanding signs when approved under subsection
(4)a. above, which shall be found to meet the following conditions:
1. That the sign shall be related and reasonably necessary or convenient for
the satisfactory and efficient operation of a complete and integrated planned
shopping center;
2. That the sign shall be of such character, size and location as not to adversely
affect vehicular or pedestrian traffic; and
3. That the sign shall be of such character and design as to uphold and enhance
the character of the planned shopping center district and its peculiar suitability
for particular uses and to conserve property values.
(5) Window signs and changeable copy signs.
a. Additional window signs shall be permitted in the C-1 or C-2 districts provided
they do not, in combination with any wall signs which may also be used, exceed
20 percent of the building face area to which they are a part, and do not exceed
50 percent of the window surface area to which they are attached. In addition,
windows providing interior views to passersby shall maintain such views equal
to not less than 50 percent of horizontal straight line measurement of the total
window width.
b. A changeable copy sign shall be allowed in the C-1 and C-2 districts in addition
to the conditions of this subsection provided the ownership identification or
advertising copy does not exceed ten percent of the total sign area and further
provided that the total sign area does not exceed 32 square feet.
(j) Temporary signs.
(1) Special decorative displays or signs used for holidays, public demonstrations
or promotion of civic welfare or charitable purposes when authorized by the
township building official. In evaluating such a petition, the township building
official shall consider the following standards:
a. The size, character, and nature of the display or sign shall consider the
proposed site of display for proper scale and relationship with the site and
adjoining properties.
b. The duration of the time period during which the display or sign will be
utilized shall coincide with the purposes for which it was approved.
c. The arrangements made for the removal of the sign or display after the termination
of the event.
d. The effect of the proposed sign or display on light and air circulation for
lots which are both adjoining and in the surrounding neighborhood of the proposed
sign or display.
e. Whether or not the sign or display will constitute a traffic hazard.
(2) Temporary signs for up to four special events per year such as grand openings,
fairs and festivals, and announcements of new products, service, or management
shall be permitted subject to the following:
a. Nonilluminated portable signs shall be permitted subject to the following:
1. They do not exceed 40 square feet in area on any side.
2. They are not located closer than ten feet to a public right-of-way.
3. No portable sign shall exceed ten feet in height.
4. No portable sign shall be located in such a manner as to interfere with vehicular
or pedestrian traffic flow or visibility.
5. Only one portable sign per lot shall be permitted.
b. Search lights, twirling signs, sandwich board signs, sidewalk or curb signs,
or inflatable signs are permitted, provided they are located only in an office,
business or industrial district, or a residential development site containing
more than 20 acres.
c. Banners, pennants, spinners, or streamers are permitted provided they are
located only in an office, business, or industrial district.
d. Special event signage shall be limited to not more than 14 days per event.
(3) Temporary construction signs identifying construction projects to occur
or occurring, subject to the following:
a. There shall not be more than one temporary on-site construction sign for
each project or development, except that where a project or development abuts
two or more streets, additional such signs, one oriented to each abutting street,
shall be permitted.
b. Not more than two temporary off-site construction signs for each project
or development are permitted.
c. On-site temporary construction signs shall not exceed 64 square feet. Off-site
temporary construction signs shall not exceed 24 square feet.
d. Temporary construction signs may be located in any required yard but shall
not extend over any lot line or within 15 feet of any point of vehicular access
or public roadway.
e. Temporary construction signs shall not project higher than 15 feet.
f. Temporary construction signs shall be permitted only as accessory to an approved
project or development. Temporary construction signs may be erected and maintained
for not more than a six-month period and shall be removed within 14 days of
the termination of construction of the project or development, except that the
planning commission may at its discretion, upon application by the owner and
for cause shown, provide extensions, each no longer than six months in duration.
g. The site where off-site construction signs are installed shall not contain
such signs which exceed a ratio of one off-site construction sign per acre of
land. In addition, such signs shall be located not less than 100 feet apart
from each other or from any other sign on the same premises or adjoining property.
(4) Political signs promoting political parties, candidates, or proposals shall
be permitted within any zoning district for a maximum posting period of 120
days within any one calendar year. Signs in residentially zoned areas shall
not exceed 32 square feet in total for all signs so provided on each zoning
lot.
(5) Real estate signs shall be permitted subject to the following:
a. In areas principally zoned for single-family residential use, there shall
be not more than one sign not more than six square feet in area per parcel or
lot (developed or undeveloped) and such sign shall not require a permit.
b. In areas principally zoned for other than single-family residential use,
there shall be not more than one sign not more than 32 square feet in area.
The sign must be located on the property which is offered for sale, rent, or
lease. The sign may be a wall or ground sign.
c. Real estate signs shall be removed immediately after the property is sold,
rented, or leased. Modifications of the sign by placing a "sold,"
"rented," or "leased" sticker or similar exhibit indicating
the property is no longer for sale, rent, or lease is prohibited. For purposes
of this section, a property shall be considered sold, rented, or leased when
a purchase agreement or similar document which limits the availability of the
property has been executed by all parties in interest.
(k) Nonconforming signs. Any sign which was of record on the effective date
of the ordinance from which this section derives (September 19, 2001) that could
not be established under the terms of this section may be continued so long
as it remains otherwise lawful. Nonconforming signs, however, shall not:
(1) Be re-established after the activity, business, or use to which it relates
has been discontinued for 90 days or longer.
(2) 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. This shall not preclude
the general maintenance and repair of nonconforming signs to keep them in a
safe condition and in good repair.
(3) Be re-established after damage or destruction, if the estimated expense
of reconstruction exceeds 50 percent of the replacement cost as determined by
the township building official. If a nonconforming sign advertises a business,
service, commodity, accommodation, attraction, or other enterprise or activity
that is no longer operating or being offered or conducted at that site for a
period of 14 days, that sign shall be considered abandoned and shall be removed
within 30 days after such abandonment by the sign owner, owner of the property
where the sign is located, or other party having control over such sign. In
case of a violation of this section, the sign owner, owner of the property,
and any other party having control over such sign may be prosecuted.
(Ord. No. 101, § 4.24, 3-23-71; Ord. No. A27, § 2(4.24(b)), 5-16-84;
Ord. No. 156-A73, §§ 4--11, 3-20-96; Ord. No. 156-A96, § 1, 9-19-01)
Sec. 19-80. Fences, walls and other protective barriers.
All fences of any type or description shall conform to the following regulations:
(1) The erection, construction or alteration of any fence, wall or other type
of protective barrier shall be approved by the zoning administrator as to their
conforming to the requirements of the zoning districts wherein they are required
because of land use development, and the requirements of this section.
(2) Fences which are not specifically required under the regulations for the
individual zoning districts shall conform to the following requirements:
a. No fence shall hereafter 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 grade of the surrounding land.
b. No fence shall hereafter be located in front yard, that being the area between
the building front facade and the abutting road right-of-way or easement, except
as noted below.
All fences shall be of an ornamental nature with the finished side facing the
nearest boundary of adjacent property, street or road. Barbed wire, spikes,
nails or any other sharp point or instrument of any kind on top or on the sides
of any fence, or electric current or charge in such fences is prohibited, except
in an R-1-R district. Barbed wire cradles may be placed on top of fences enclosing
public utility buildings and such fences may exceed six feet in height and be
located in a front yard wherever deemed necessary in the interests of public
safety, provided that shrubs or evergreens are planted which will eventually
screen such barbed wire cradles.
Where security fencing is desired around property in M-1, M-2 and M-3 districts
other than in the front yard, same shall [be] located on the inside of any required
berm at a maximum height of eight feet.
(3) No fence, wall, structure, tree or planting shall be erected, established
or maintained on any corner lot which will obstruct the view of a driver of
a vehicle approaching the intersection. Such unobstructed corner shall mean
a triangular area formed by the street property lines and a line connecting
them at points 25 feet from the intersection of the street lines or in the case
of a rounded property corner from the intersection of the street property lines
extended. This shall not prohibit the establishment of shrubbery of not more
than 18 inches at mature height. (See diagram A-A [at the end of this article])
(Ord. No. 101, § 4.25, 3-23-71; Ord. No. A18, § 2, 8-20-80; Ord. No.
156-A71, § 2, 4-19-95; Ord. No. 156-A79, § 1, 9-16-98)
Sec. 19-81. Filling operations.
It shall be unlawful for any person to use land for filling with materials of
any kind without approval of the township board and subject to requirements
as may be appropriate.
(Ord. No. 101, § 4.26, 3-23-71)
Sec. 19-82. Outdoor storage in residential and nonresidential districts.
The outdoor storage or parking of recreational vehicles, such as an airplane,
antique or racing automobile, boat, float, raft, trailer, camping or travel
trailer, motorized home, demountable travel equipment of the type adaptable
to light duty trucks or other equipment or vehicles of similar nature, and certain
types of motorized vehicles as specified below or commercial vehicles, such
as trucks and/or tractor trailers, shall be regulated as follows:
(1) For a period greater than 48 hours in any two-week period in all residential
districts, except where expressly permitted by other provisions of this chapter
or other ordinances, the above outside storage shall be prohibited, unless the
following minimum conditions are met:
a. All such vehicles or equipment shall be placed within a completely enclosed
building or located behind the front face of the principal building, but not
closer than three feet to any side or rear lot line.
b. Nonenclosed storage or parking shall be limited to a lot or parcel of land
upon which is located an inhabited dwelling unit and the vehicle or equipment
is owned by the occupant.
c. Travel trailers and other vehicles or equipment intended or adaptable for
sleeping purposes shall remain unoccupied and shall not be connected to sanitary