Zoning

Chapter 19 ZONING*

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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