ORDINANCE NO. 101
TITLE
AN ORDINANCE ENACTED UNDER ACT 184, PUBLIC ACTS OF MICHIGAN OF 1943, AS AMENDED, GOVERNING THE UNINCORPORATED PORTIONS OF THE TOWNSHIP OF GREEN LEAF, SANILAC COUNTY, MICHIGAN, TO REGULATE AND RESTRICT THE LOCATIONS AND USES OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND FOR PUBLIC AND SEMI-PUBLIC OR OTHER SPECIFIED USES: AND TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS, AND OTHER STRUCTURES, TO REGULATE AND TO DETERMINE THE SIZE OF YARDS, COURTS AND OPEN SPACES; TO REGULATE AND LIMIT THE DENSITY OF POPULATION; AND FOR SAID PURPOSES TO DIVIDE THE TOWNSHIP INTO DISTRICTS AND ESTABLISH THE BOUNDARIES THEREOF; TO PROVIDE FOR CHANGES IN THE REGULATIONS, RESTRICTIONS AND BOUNDARIES OF SUCH DISTRICTS; TO DEFINE CERTAIN TERMS USED HERE IN; TO PROVIDE FOR ENFORCEMENT; TO ESTABLISH A BOARD OF APPEALS; AND TO IMPOSE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
PREAMBLE
Pursuant to the authority conferred by The Public Acts of The State of Michigan
in such case made and provided, and for the purpose of promoting and protecting
the public health, safety, peace, morals, comforts, convenience, and general
welfare of the inhabitants of the township by protecting and conserving the
character and social and economic stability of the residential commercial
industrial and other use areas; by securing the most appropriate use of land;
preventing over crowding the land and undue congestion of population; providing
adequate light, air and reasonable access; and facilitating adequate and economical
provision of transportation, water , sewers, schools, recreation, and other
public requirements, and by other means, all in accordance with a comprehensive
plan; NOW, THEREFORE:
ENACTING
CLAUSE
THE TOWNSHIP OF GREENLEAF ORDAINS:
SECTION
100. Short Title:
This ordinance shall be known and may be cited as The Township of Greenleaf
Zoning Ordinance.
For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows:
All words used in the present tense shall include the future ; all words in the singular number include the plural number and all words in the plural number include the singular number; and the word "building" includes the word "structure", and the word "dwelling" includes "residence", the word person includes "corporation", "co partnership", "association", as well as an "individual"; the word "shall" is mandatory and the word "may" is permissive; the word "lot" includes the words "plot" or "parcel"; the words "used" or "occupied" includes the words "intended", "designed" or "arranged to be used or occupied" .
Terms not herein defined shall have the meaning customarily assigned to them.
Alterations: Any change, addition or modification to a structure or type of occupancy, any change in the structural members of a building, such as walls, or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
Auto Repair Garage: is a place where the following activities may be carried out: Vehicle body repair, engine rebuilding or repair, undercoating, painting, tire recapping, upholstery Work and auto glass work.
Basement: is that portion of a building which is partly, or wholly below grade, but so located so that the vertical distance from average grade to the floor is greater than the vertical distance from the average grade to the ceiling. if the vertical distance from the grade to the ceiling is over 5 feet, such basement shall be rated as a first story.
Building: is a structure, either temporary or permanent, having a roof supported by columns, or walls, and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. (This shall include tents, awnings or vehicles situated on private property and used for such purposes).
Building, Accessory: is a subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.
Building, Main: is a building in which is conducted the principal use of the lot on which it is situated.
Building Inspector: The Building Inspector or official designed by the township board.
District: A portion of the unincorporated part of the township within which certain regulations and requirements or various accommodations thereof apply under the provisions of this ordinance.
Dwelling unit: is a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
Dwelling, One Family: is a building designed exclusively for and occupied exclusively by one family.
Dwelling, Two Family: is a building designed exclusively for occupancy by two families, living independently of each other.
Erected: Any physical operations on the premises required for the construction or moving on and includes construction, reconstruction, alteration, building, excavation, fill drainage, installation of utilities and the like.
Essential Services: Means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electric, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, 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 or 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.
Family: Is one or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two persons not so related, living together in the whole or part of the dwelling unit comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this ordinance.
Floor Area: The floor area of a residential dwelling unit is the sum of the horizontal areas of each story of the building as measured from the exterior walls; exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
Gasoline Service Station: is a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of automobiles.
Grade: The highest of ground contacting any portion of the basement or foundation of a dwelling.
Home Occupation: is an occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.
Junkyard: Is an open area where waste, used or second hand materials are bought and sold, exchanged, stored, bailed, packed, disassembled or handled, including,' but not limited to, scrap iron. and other metals, paper', rags, rubber tires and bottles. A "junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping, or abandonment of junk, but does not include uses established entirely within enclosed buildings.
Kennel Commercial: Any lot or premises on which 3 or more dogs or cats are either permanently or temporarily boarded.
Lot: Is a parcel of land occupied, or which could be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this ordinance. A lot mayor may not be specifically designated as such on public records.
Lot of Record: Is a parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by township or county officials. and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.
Lot Area: The total horizontal area within the lot lines of the lot.
Motel: A series of attached, semidetached or detached rental units containing bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public travelling by motor vehicles as a facility for temporary residence.
Nonconforming Building: A building or portion thereof, existing at the effective date of this ordinance, or amendments thereto, that does not conform to the use provisions of the ordinance, or to the use regulation of the district in which it is located.
Nonconforming Use: A use which lawfully occupied a building or land at the time of this ordinance, or amendments thereto, became effective, that does not conform to the use regulations of the district in which it is located.
Occupied: Includes the meaning of intent, design or arranged for occupancy.
Off Street Parking Lot: A facility providing vehicular parking spaces along with adequate drives and aisles for manoeuvring so as to provide access for entrance and exit for the parking of automobiles.
Parking Space: Is hereby determined to be an area of definite length and width and shall be exclusive of drives, drive ways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
Public Service: Public service facilities within the context of this ordinance shall include such uses and services as voting booths, pumping stations, fire halls, police stations, temporary quarters for welfare agencies, public health activities and similar uses including essential services.
Public Utility: Is any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal state, or municipal regulations to the public: gas, steam, electricity, sewage disposal communication, telegraph, transportation or water .
Setback: The distance required to obtain front, side or rear yard open space provisions of this ordinance.
Street: Is a public thoroughfare which affords the principal means of access to abutting property.
Structure: Is anything constructed or erected, the use of which requires location on the ground or attachment to some thing having location on the ground except driveways and pavement.
Temporary Building or Use: Is a structure or use permitted by The Board of Appeals to exist during periods of construction of the main building or use, or for special events.
Tourist Home: Any dwelling used or designed in such a manner that certain rooms in excess of those used by the family, and occupied as a dwelling unit are rented to the public for compensation and shall cater primarily to the public travelling by motor vehicle.
Trailer Court: Any plot of ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes, are or may be located.
Trailer Coach (Mobile Home): Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public street or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping space for one or more persons.
Travel Trailer: A vehicle designed as a travel unit for occupancy as a temporary or seasonable vacation living unit.
Use: Is the purpose for which land or a building is designed, arranged, or intended to he used, or for which land or a building is or maybe occupied.
Use, Accessory: Is a use subordinate to the main use of a lot and used for purposes clearly incidental to those of the main use.
Yards: The open spaces on the same lot with a main building or main use, unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance, and as defined herein:
(1) Front Yard is an open space 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.
(2) Rear Yard is an open space extending 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.
(3) Side Yard is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
Zoning Variance: Is a modification of the literal enforcements of the zoning ordinance granted when strict enforcement of the zoning ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. THE CRUCIAL POINTS OF VARIANCE ARE UNDUE HARDSHIP, AND UNDUE CIRCUMSTANCES, APPLIED TO PROPERTY. A VARIANCE IS NOT JUSTIFIED UNLESS ALL OF THESE ELEMENTS ARE PRESENT IN THE CASE.
Zoning Exception: An exception is a use permitted only after review by the Board of Appeals of an application; such review being necessary because of the provisions of the ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by the ordinance.
The "Exception" differs from the "Variance” in several respects. An exception does not require "undue hardship in order to be allowable. The exceptions that are found in this ordinance appear as conditional uses authorized by special permit or review by the zoning board, legislative body, or Board of Appeals. These land uses could not be conveniently allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
(1) They require large
areas.
(2) They are infrequent.
(3) They sometimes create an unusual amount of traffic.
(4) They are sometimes obnoxious or hazardous.
(5) They are required for public safety and convenience.
ARTICLE III ZONING DISTRICTS AND MAP
SECTION 300. Districts: For the purpose of this ordinance the township of Greenleaf is hereby divided into the following districts:
RA Residential
Agricultural
B Business
I-1 Light industrial
SECTION 301. Boundaries: The boundaries of these districts are hereby established as shown on the zoning map. Greenleaf Township Zoning Ordinance. which accompanies this ordinance and which with all notations, references, and other information shown thereon shall be as much a part of this ordinance as if fully described herein.
a. Unless otherwise shown. the boundaries of the district are lot lines. section lines. the center lines of streets. alleys. roads. or such lines extended. and the unincorporated limits of the township .
b. Where due to the scale. lack of detail or illegibility of the zoning map accompanying this ordinance. there is any uncertainty. contradiction. or conflict as to the intended location of any district boundaries. shown thereon. interpretation concerning the exact location of district boundary lines shall be determined. Upon written application. or upon its own motion, by the Board of Appeals.
SECTION 302. Zoning of Vacated Areas:
Whenever any street, alley. or other public way, within the township of Greenleaf shall have been vacated by official government action. And when the lands within the boundaries thereof attached to and become a part of the land formerly within such vacated street. alley or public way they shall automatically. and without further governmental action, thence forth acquire and be subject to the same zoning regulations as are applicable to the lands to which the same shall attach, and the same shall be used for that same use as is permitted under this ordinance for such adjoining lands.
SECTION 303. District Requirements: All buildings and uses in any district shall be subject to the provisions of general provisions and general exceptions.
ARTICLE IV - R A RESIDENTIAL AGRICULTURAL DISTRICTS
Preamble. The residential and agricultural DISTRICTSare designed to provide for dwelling sites and the residentially related uses in keeping with residential development in the township , and to provide home sites in areas which are rural in character. The uses permitted by right and on special condition are intended to promote a compatible arrangement of land uses for homes and farms, with the intent to keep neighborhoods relatively quiet and free of unrelated traffic influences.
SECTION 400. Except as otherwise provided by this ordinance no land or premise shall hereafter be used, and no buildings or structures, located, erected or used for other than one or more of the following purposes:
a. Principal Permitted Uses:
(I) One and two family dwellings.
(2) Farms including woodlots.
(3) The raising of common farm animals on parcels of ten acres or more.
(4) Publicly owned and operated parks, parkways and recreational facilities.
(5) Accessory buildings and uses customarily incident to any of the above permitted use.
(6) Storage of farm machinery and farm supplies.
(7) Home occupations.
SECTION 401: Conditional Uses: The following uses may be permitted up:)n the granting of a permit for such use by the planning commission or its equivalent, subject to the conditions hereinafter imposed for each use and subject further to such other reasonable conditions which in the opinion of the planning commission or its equivalent are necessary to provide adequate protection to the neighborhood and to abutting properties.
1. Churches, schools, colleges, educational institutions, libraries and public owned buildings.
2. Hospitals, clinics, sanatoriums, nurseries, convalescent and old folks homes and similar buildings and structures designed for human care.
3. Privately owned parks, playgrounds, golf grounds, swimming pools, and similar facilities for outdoor exercises and recreation.
4. Community centres, clubs, lodges, and social organizations, if nonprofit and limited to members.
5. Tourist homes, boarding or lodging houses.
6. Boarding kennels and veterinary hospitals.
7. Sand and gravel pits.
8. Airfields and landing fields.
9. Public service buildings and yards, publicly owned buildings, public utility buildings and yards.
10. Guide signs, billboards and outdoor advertising signs.
11. Roadside stands.
12. Brine wells and oil wells.
13. Dwellings for seasonal labor .
14. Farm equipment sales and services.
15. Public waste disposal areas.
16. Water wells for other than residential purposes, it being expressly understood that residential water wells are permitted in all districts.
17. Basement dwellings, not to exceed 18 months use, said dwellings thereafter to be completed above the basement level.
18. Drag strips, racetracks, and/or go-cart race tracks subject to the following conditions:
a. All parking shall be provided as off street parking within the boundaries of the development.
b. All sides of the development not abutting at road shall be provided with a 50 foot buffer strip for protection and a fence or wall.19. Accessory Buildings and Uses customarily incident to any of the above conditional uses.
SECTION 402: A sign not more than 9 square feet in area advertising the sale, rental or lease of the premises on which located, or a home occupation being carried on the premises shall be permitted within the residential and agricultural districts.
SECTION 403: Size of Premises:
a. Dwellings. Every parcel of land upon which a single family dwelling is hereafter erected shall be not less than 12,000 square feet if it has access to both public sewer and public water, 20,000 square feet if it has access to either public sewer or public water, and one acre if it has access to neither public sewer nor public water. Every parcel of land upon which a two family dwelling is hereafter erected shall be not less than 20,000 square feet if it has access to both public sewer and public water, one acre if it has access to either public sewer or public water. and 55,000 square feet if it has access to either public sewer or public water. No such parcel shall be less than 150 feet in width for one family dwellings, and not less than 200 feet in width for two family dwellings, except that it shall be permissible to build single family dwellings on lots within legally platted subdivisions 80 feet in width or greater. None of the above shall prevent the use of a lot or parcel of land of lesser size provided that the same was of legal record on the date of passage of this ordinance.
b. Buildings and uses other than dwellings: The minimum area and width of parcels of land required for other permitted or approved buildings and uses, including accessory uses thereto, shall be determined by the Board of Appeals upon written application of the owner of the premises to the board as may be reasonable for such use and in conformity with the purposes of this ordinance.
SECTION 404: Setback and Yards:
a. Setback. The front line of every building or structure hereafter erected on any premises shall be located not less than 35 feet from the highway right of way line or front lot line as the case may be, except on state highways, in which case no building or structure shall be erected less than 75 feet from the highway right of way of any said state highways.
b. Side Yards. No building per structure hereafter erected on any premises shall be located less than 10 feet from the side lot line of the premises upon which it is erected.
c. Rear Yard. No building or structure hereafter erected on any premises shall be located less than 35 feet from the rear lot line of the premises upon which it is erected.
SECTION 405: Floor Area of Dwellings:
a. Everyone family dwelling hereafter erected shall contain no less than 720 square feet of floor area at the first floor level and every two family dwelling not less than 720 square feet of floor area for each family unit. No such area shall include space in an attached garage, open porch, or other structure.
b. Mobil homes Every house trailer or mobile home hereafter moved upon any premises, except those permitted under SECTION 711 paragraphs d e f, shall be 12 x 60 or larger and shall be set on a concrete slab and skirted with concrete blocks or aluminium.
ARTICLE V-B BUSINESS DISTRICTS
PREAMBLE: The B Business districts are designed to provide for the establishment of shopping areas, personal services, professional office areas and diversified business types that are primarily compatible with, and of service to, township one family residential and agricultural uses.
SECTION 500. Principal Uses Permitted: in a B Business District no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this ordinance:
a. Office buildings for any of the following occupations: Executive, administrative, professional governmental and sales offices.
b. Medical and dental offices, including clinics.
c. Banks and financial institutions.
d. Any generally recognized retail business which supplies such commodities as: Groceries, meats, dairy products, baked goods or other foods, drugs, dry goods and notions or hard ware.
e. Any personal service establishment which performs $,\(;h services as but not limited to: Shoe repair, tailor shops, beauty parlors, barber shops, interior decorators, photographers, dry cleaners and self-service laundries.
f. Private clubs and lodge halls.
g. Churches. ,
h. Theatres" assembly halls and similar places of assembly when conducted completely within enclosed building.
i. Auto laundries when completely enclosed in building.
j. New Automobiles sales or showroom.
k. Restaurants, supper clubs and taverns.
l. Bowling alleys, pool or billiard parlor or clubs.
m. Commercial printing and newspaper offices.
n. Business school or private schools operated for profit.
o. Offices and showrooms of' plumbers, electricians, or similar trades. All storage of material or any incidental repairs shall be within the confines of enclosed buildings.
p. Governmental offices or other governmental uses; Public utility offices and uses, utility exchanges, transformer stations,
pump stations and service yards; and other public service
facilities. .
q. Utility and public service facilities and uses when. operating requirements necessitate the locating of said facilities within the District in order to serve the immediate vicinity.
r. All uses shall be subject to the following limitations:
1. All business establishments shall be retail or service establishments dealing directly with consumers. Ali goods produced on the premises shall be sold at retail on the premises where produced.
2. All business, servicing or processing, except for off street parking or loading, shall be conducted within a completely enclosed building.
s. Uses similar in character to the above listed uses. t. Accessory buildings and uses customarily incidental to the above permitted uses.
SECTION 501. Conditional Uses: The following uses may be permitted upon the granting of a permit for such use by the Planning Commission or its equivalent, subject to the conditions hereinafter imposed for each use and subject further to such other reasonable conditions which in the opinion of the planning commission or its equivalent are necessary to provide adequate protection to the neighborhood and abutting properties.
a. Gasoline service stations for the sale of gasoline, oil and minor accessories.
b. Drive-In restaurants or open front stores.
c. Motels, hotels, cabin courts and tourist lodging facilities.
d. Outdoor sales space for the exclusive sale of second hand automobiles, house trailers, travel trailers and rentals of the same.
e. Commercially used outdoor recreational space for children's amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, and golf driving ranges.
SECTION 502. Floor Area. No building hereafter erected, altered or moved upon any premises shall have less than 400 square feet of floor area at the first floor level.
SECTION 503. Every building hereafter erected, altered, or moved upon the premises shall be provided with yards having no less than the following sizes:
1. Front Yards: 40 feet in depth from highway right of way line or front lot line as the case may be.
2. Side Yards: 5 feet in width on each side, provided, how ever, that no side yard shall be required when the walls of a building that are butting on an interior lot are wholly without windows or other openings and are of fire resistant construction; provided, further, that any buildings erected adjacent to a parcel or lot occupied by Of' zoned for dwellings shall provide a side yard abutting such parcel not less than 10 feet in width.
3. Rear Yards: Every building hereafter erected, altered or moved upon any premises shall provide a rear yard no less than 40 feet in depth and such yard shall) be kept open and unobstructed for the access of fire fighting equipment.
SECTION 504. Height of Buildings: No buildings shall here after be erected, altered, or moved upon any premises exceeding a height of 40 feet unless approved by the township Board as within the fire fighting facilities of the township )J, upon written application of the owner of the premises.
ARTICLE
V I-L LIGHT INDUSTRIAL DISTRICTS
PREAMBLE: The V I-L Light industrial districts are designed
so as to primarily accommodate wholesale activities, warehousing, and industrial
operations whose external physical effects are restricted to the area of the
district and in no manner affect in a detrimental way any of the surrounding
districts. The I-L District is so structured as to permit along with any specified
uses, the manufacturing, compounding, processing, packaging, assembly, and/or
treatment of finished or semi-finished products from previously finished material.
SECTION 600. Principal Uses Permitted: in a light industrial district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this ordinance:
a. Any use charged with the principal function of basis research, design and pilot or experimental product development when conducted within a completely enclosed building. The growing of any vegetation requisite to the conducting of basis research shall be excluded from the requirement of enclosure.
b. Any of the following uses:
1. Warehousing and wholesale establishments and trucking facilities.
2. The manufacture, compounding, processing, packaging, repairing, altering, finishing, assembling, fabricating or storing of goods, provided, however, that there is not therewith the operation of any activity or the storage or display of goods in such a manner as to be obnoxious by reason of odors, fumes, dust, smoke, vibration or nose.
3. Laboratories, experimental film, or testing.
4. Storage and transfer and electric and gas service buildings and yards. Public utility buildings, telephone ex change buildings, electrical transformer stations and substations, and gas regulator stations, water supply and sewage disposal plants. Water and propane tank holders. Railroad transfer and storage tracks. Railroad rights of way. Freight terminals.
5. Storage facilities for building materials, sand, gravel stone, lumber, or storage of contractor's equipment and supplies.
c. Central dry cleaning or laundries.
d. Automotive repair garages, auto engine and body repair, and undercoating shops when completely enclosed.
e. Non-accessory signs.
f. Commercial Kennels.
g. Other uses which are similar to the above uses.
h. Accessory buildings and uses customarily incident to the above permitted uses.
i. Wholesale uses and storage uses when in a completely enclosed building, except that new vehicles and/or earth moving equipment for sale may occupy a rear yard area.
SECTION 601. Conditional Uses: The following uses may be permitted upon the granting of a permit for such use by the planning commission or its equivalent, subject to the conditions hereinafter imposed for each use and subject further to such other reasonable conditions which in the opinion of the planning commission or its equivalent are necessary to provide adequate protection to the neighborhood and to abut ting properties.
a. All commercial uses as provided for in commercial districts.
b. Lumber and cleaning mills when completely enclosed and when located in the interior of the district so that no property line shall form the exterior boundary of the "11 " district.
c. Metal plating" buffering and polishing, subject to appropriate measures to control the height of process to prevent noxious results and/or nuisances.
d. Junkyards, subject to any provisions and restrictions imposed by any other ordinance of the township of Greenleaf concerning junk or dismantled cars.
SECTION 602. Floor Area: No building hereafter erected, altered or moved upon any premises shall have less than 1,000 square feet of floor area at the first floor level.
SECTION 603. Yards: Every building hereafter erected, altered or moved upon the premises shall be provided with yards having no less than the following sizes :
1. Front Yards: 40 feet in depth from highway right-of-way line or front lot line as the case may be.
2. Side Yards: 15 feet in width on each side, provided, however, that no building shall be closer than 150 feet to the outer perimeter (property line) of such district when said property line abuts any residential district.
3. Rear Yards: 40 feet in depth.
SECTION 604. Height of buildings: No buildings shall here after be erected, altered or moved upon any premises exceeding a height of 40 feet unless approved by the township board as within the fire fighting facilities of the township , upon written application of the owner of the premises.
ARTICLE VII: GENERAL PROVISIONS
SECTION 701. Dwellings Per Unit of Land:
Every nonfarm dwelling hereafter erected or moved upon any premises shall be located upon a lot of record, and not more than one dwelling shall be erected on such lot. Where the principal use of the premises is for farming, one dwelling in addition to farm dwellings may be erected on the premises for hired persons employed on the farm. or for the use of persons directly related to the owners of the farm.
SECTION 702. Residential Yard and Area Requirements:
In conforming with yard and area requirements, no area shall be counted as accessory to more than one dwelling or principal building or use. and no area necessary for the yard requirements of one dwelling or building shall be included or counted in the calculation of the space requirements for any other dwelling or building.
SECTION 703. General Rear Yard Requirements:
a. Everyone story dwelling shall have a rear yard not less than 35 feet in depth. and every two story dwelling not less than 40 feet in depth. An additional depth of 5 feet shall be added for each additional story or part thereof.
b. All rear yards shall be kept open and unobstructed for access of fire fighting equipment.
SECTION 704. Location of buildings other than dwellings in relation to dwellings. No building which is not a dwelling shall hereafter be erected less than 15 feet from any dwelling located on abutting property nor from the boundary line of any lot located in residential districts.
SECTION 705. Exceptional Lot Conditions. Where size or shape of a lot of public record at the date of enactment of this ordinance. or other local conditions, result in conditions which would cause undue hardship if this Ordinance were strictly enforced. a zoning variance may be granted by the Board of Appeals. provided. however, that such variance shall not jeopardize water supply or sewage disposal facilities. or reduce safety to vehicular traffic, or increase fire hazards on the lot or on property neighboring thereto.
SECTION 706. Grading. No premises shall be so filled or graded as to discharge surface runoffs on abutting per neigh boring property in such a manner as to cause ponding or surface accumulation of such runoff on said neighboring or abutting property.
SECTION 707. Vehicular Parking Space. For each dwelling. commercial industrial. manufacturing or other enterprise or service establishment hereafter erected or moved upon any premises. including buildings or structures used principally as a place of public assembly. there shall be provided and maintained suitable space for off street parking with adequate access to all spaces. Any area once designated as required off street parking shall never be changed to another use unless and until equal facilities are provided elsewhere. The minimum number of off street parking spaces by type of use shall be determined in accordance with the following schedule. .
|
LAND USE |
REQUIRED PARKING SPACES |
|
Dwellings |
1 per dwelling unit |
|
Church or Auditorium |
1 per four seats or per every 6 ft. of pews. |
|
Hospital & similar institutions |
1 per bed |
|
Home Occupations |
3 in addition to one for the dwelling |
|
Retail stores and similar commercial enterprises |
1 per 100 sq. feet of floor area |
|
Office and/or other personal services |
1 per 200 sq. feet of floor area |
|
industry |
1 per each employee or per 150 SQ. ft. of floor area |
|
Tourist, boarding & lodging homes |
1 per each two persons served |
|
Taverns |
1 per two seats |
SECTION 708. Substandard Dwelling Structures: For the express purpose of promoting the health, safety, morals and general welfare of the inhabitants of the township , and reducing hazards to health, life and property, no fixed or movable substandard building or structure shall hereafter be erected or moved upon any premises and used for dwelling purposes.
SECTION 709. Trailer Parks and Courts. Trailer Parks and Courts are allowed in residential and agricultural DISTRICTS only, and shall be allowed only when the following conditions are met:
a. All trailer court developments shall comply with Act 243 of The Public Acts of The State of Michigan, 1959, as amended.
b. There shall be provided for each trailer court a recreational area equal in size to at least 200 square feet per mobile home site. Said recreational area shall be no longer than 1 1/2 times its width. Such area shall be graded, developed, sodded and maintained by the management, so as to provide recreation for the residents of the trailer court.
c. The front yard, and any side yard adjacent to a street shall be landscaped within 1 year and the entire trailer court shall be maintained in a good, clean, presentable condition at all times.
d. No business of any kind shall be conducted in any trailer court except for separate, permanent structures which contain facilities such as the management's office, laundry and dry cleaning facilities or similar uses which are designed to serve only the residents of the trailer court.
e. There shall be no storage of any kind under trailer coaches unless skirted.
f. Trailer coach lots shall abut a service drive. All service drives shall be constructed of concrete or asphalt at Sanilac County Road Commission standards within one year after issuance of a permit. A cash security guaranteeing monies for such work shall be issued to the township in a bonfire amount from parties performing such work.
g. The trailer court shall be designed to provide a concrete walk at least 36 inches wide from the entrance of the park to all trailer coach sites and all required service facilities.
h. Street and yard lights sufficient to permit safe movement of vehicles and pedestrians at night shall be provided, and shall be so located and shaded as to direct the light away from adjacent properties.
i. Trailer coach sites shall be provided with a concrete apron of not less than 10 feet wide by 50 feet long and 4 inches in depth.
SECTION 710. Application for the erection of a trailer coach park or court shall be accompanied by the following:
1. Written opinion of all owners of premises contiguous with the land where it is proposed to erect said park, and of all owners of dwellings within 1,500 feet of the perimeter of the proposed site.
2. The official written opinion of the school board for the district in which said site is located.
SECTION 711. Temporary Dwellings. No person may erect or occupy a temporary dwelling on any lot except as here in after provided:
a. A building, including a basement home, which does not comply with the area requirements of its district may be occupied as a temporary dwelling for a period of not more than 18 months if construction of a permanent dwelling is actually underway and in active progress during occupancy of such temporary dwelling. Two consecutive additional 12 month periods of occupancy may be granted at the discretion of The Board of Appeals. in the event that any person shall reside in any such temporary dwelling for a period of more than 18 months and has had extensions granted by the Board of Appeals for the two additional periods, the zoning board, the township board, any delegated official or any interested party may proceed to have such extended use abated as a nuisance, or may enforce this Ordinance by other means herein provided.
b. The Board of Appeals may permit the use of a house trailer or mobile home as an accessory dwelling to a permanent dwelling. Not more than 1 trailer may be used and occupied as such accessory dwelling, and then only if the occupants of such trailer have access to and the unlimited use of sanitary facilities of the permanent dwelling.
c. The use of tents as a temporary dwelling in connection with recreational activities may be permitted upon application to the. zoning board of appeals showing that the necessary and proper health, sanitation, plumbing and fresh water facilities are provided.
d. The Board of Appeals may permit on application the use of a trailer as a temporary dwelling for a period of one year when the occupant of said trailer is definitely engaged in the erection of a permanent dwelling on said lot and when necessary and proper health, sanitation, plumbing and fresh water facilities are provided. if substantial progress has been made to ward completion of the building, the Board of Appeals may grant an extension for six months.
e. One house trailer at each dwelling brought by visitors for traveling purposes may be occupied and allowed for 30 days if the visitors occupying said trailer use the sanitary facilities of the dwelling of the property owner or occupants there visiting, or make other suitable provision for sanitary facilities.
f. House trailers may be maintained in properly designated and licensed trailer parks.
SECTION 712. Conditional Uses.
a. Conditional uses, where provided, shall be subject to the requirements of this SECTION in addition to the requirements and standards of the zoning district where located to prevent conflict with or impairment of the principal uses thereof. All conditional uses shall be deemed to possess characteristics of such unique form to the district that each shall be considered as an individual case.
b. Specified Requirements.
1. Written application shall be made to the township zoning board for all conditional uses. The application shall show the following:
a. Name of applicant and owner of the premises.
b. Legal recorded description of the premises.
c. Description of proposed use.
d. Location of proposed building or use.
e. Location of existing roads and highways providing access thereto.
f. Sewage disposal facilities, existent or proposed, on and for the premises.
g. Use of properties of adjacent premises.
h. Location of dwellings or principal buildings on all adjacent premises.
i. Use of properties located on opposite side of road, street or highway within 500 feet of the opposite midpoint.
j. Location of parking area if required.
2. The zoning board may hold a public hearing on the application, the cost of advertising for which shall be borne by the applicant.
3. in reaching its determination of the application, the board shall consider the following:
a. Whether the location, use, nature and intensity of operation will be in conflict with the principal permitted uses of the zoning district.
b. Whether the sewage disposal and water supply facilities will be adequate and safe.
c. Whether the setback and yard conditions will be in harmony with the orderly and proper development of the district.
d. Whether adequate access to the building or use will be provided by either existing roads or public or other roads to be constructed.
e. Whether the building or use will be more objectionable to nearby properties by reason of traffic, noise, vibration, dust, fumes, smoke, fire hazard, bright or flashing lights, or disposal of waste or sewage from the operation of any principal use.
f. Whether the building or use will discourage or hinder the appropriate development and use of adjacent lands and buildings.
SECTION 713. Conflicting Regulations. Whenever any provision of this ordinance imposes more stringent requirements, regulations, restrictions or limitations then are imposed or required by the provisions of any other law or ordinance, then the provisions of this ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements then are imposed or required by this ordinance, then the provisions of such law or ordinance shall govern.
SECTION 714. Nonconforming Lots, Nonconforming Uses of Land, Nonconforming Structures, and Nonconforming Uses of Structures and Premises.
1. Intent. It is the intent of this ordinance to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival.
It is recognized that there exists within the districts established by this ordinance, and subsequent amendments, lots, uses of land, structures and uses of structures and premises which were lawful before this ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. Such lots, uses of land, structures, and uses of structures and premises are declared by this ordinance to be incompatible permitted uses in the districts involved. it is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction provided that work shall be diligently carried on until completion of the building involved.
2. Nonconforming Lots.
a. In any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply even though such lot fails to meet the requirements for area, or width, or both, that are generally applicable in the districts; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.
b. If 2 or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.
3. Nonconforming uses of land. Where at the effective date of adoption or amendment of this ordinance lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
a. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land then was occupied at the effective date of adoption or amendment of this ordinance .
b. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.
c. if such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
4. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:
a. No such structure may be enlarged or altered in a way which increases its nonconformity; for example, existing residences on lot of a width less than required herein may add a rear porch provided that other requirements relative to yard space and land coverage are met.
b. Should such structure be destroyed by any means to an extent of more than 60% of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
c. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
5. Nonconforming Uses of Structures and Land. if a lawful use of a structure, or of structures and land in combinations, exists at the effective date of adoption or amendment of this ordinance, it would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:
a. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of structure to a use permitted in the district in which it is located
b. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.
c. in any districts, if no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule or by making findings in this specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. in permitting such changes, the Board of Appeals may require appropriate condition:; and safeguards in accord with the purpose and intent of this ordinance. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.
d. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
6. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs . or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
7. Uses Allowed as Conditional Uses Not Nonconforming Uses. Any use which is permitted as a conditional use as provided in this ordinance shall not be deemed a nonconforming use but shall without further action be deemed a con forming use in such district.
8. Change of Tenancy or Ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.
9. Completion. No basement, cellar, garage or any incompleted structure in use as a dwelling at the date of enactment of this ordinance or any amendment hereto shall be used as a dwelling for more than 24 months following said date, unless it has been brought to a state of completion in conformity with the regulations of this ordinance and amendments hereto relative to dwellings in the zoning district in which said structure is located.
10. Exemption of farm buildings and structures. All buildings and structures hereafter erected on farms and used in connection with customary farming operations, but not including dwellings, shall be exempt from the provisions of this ordinance except for compliance with minimum set back and yard requirements; provided, further, that no pen or limited enclosure, or building housing cattle, poultry or other animals be located less than 200 feet from any adjacent interior property line.
SECTION 715. Platting of Proposed Subdivisions. The Greenleaf Township Board shall on proposed subdivisions, have the authority to require a plat proprietor to furnish and present whatever engineering data the said board shall deem necessary to safeguard the health, safety and welfare of the people and property of the township .
a. The Greenleaf Township Board shall determine whether or not such plats shall be approved with due consideration to water supply and sewage disposal soil and subsoil topography and average water table together with the engineers report.
b. Platting and Subdividing. if any person intends to offer for sale more than 4 lots, it shall be required that such person shall have such property platted and subdivided, and have it approved and registered with the township Board and such authorities or commissions as may be required. The Township Board shall require a statement and agreement to the effect that the township shall be free of any expense to the Township for improvements such as building sidewalks and roads and construction of any essential public services on such platted area or subdivision before accepting and approving such sub division, and cause such agreement to be properly recorded therewith.
SECTION 716. Boundaries. No new lot boundaries of an already existing site may be established less than 15 feet from a building on such a building site.
SECTION 717. Essential Services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the township , such essential services being exempt from the provisions of this ordinance. Electric power generating stations and peak load generating stations are not exempt.
ARTICLE VIII ADMINISTRATION AND ENFORCEMENT
SECTION 800. Enforcement. The provisions of this Ordinance shall be administered and enforced by the Building Inspector or by such deputies of his department as the Building Inspector shall delegate to enforce the provisions of this ordinance.
SECTION 801. Duties of Building Inspector. The Building Inspector shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. it shall be unlawful for the Building Inspector to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this ordinance.
Under no circumstances is the Building Inspector permitted to make changes in this ordinance nor to vary the terms of this ordinance in carrying out his duties as Building Inspector.
The Building Inspector shall not refuse to issue a permit when conditions imposed by this ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.
SECTION 802. Plot Plan. The Building Inspector shall require that all applications for building permits shall be accompanied by plans and specifications including a plot plan, drawn to scale, showing the following:
1. The actual shape, location and dimensions of the lot.
2. The shape, size and location of all buildings or other structures, to be erected, altered or moved and of any building or structures already on the lot.
3. The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
4. Such other information concerning the lot or adjoining lots as may be essential for determining whether the pro visions of this ordinance are being observed.
SECTION 803. Permits. The following shall apply in the issuance of any permit:
1. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this ordinance.
2. No building or structure, or part thereof shall be here in after erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered and "repaired shall include any changes in structural parts, stairways, types of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the township building code, housing law of Michigan, or this ordinance, except for minor repairs or changes not involving any of the aforesaid features.
SECTION 804. Certificates. No land, building or part thereof, shall hereafter be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply to the issuance of any certificate.
1. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.
2. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the. new or different use.
3. No certificate of occupancy shall be issued for any building, structure, or part thereof, or for the use of any land, which is not in accordance with all the provisions of this ordinance.
4. Certificates Required. No building or structure, or parts thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.
5. Certificates of Occupancy as Required by The township Building Code for New Buildings or Structures or Parts thereof, or for alterations to or changes of use of existing buildings or structures shall also constitute certificates of occupancy as required by this ordinance.
6. Certificates of Occupancy shall be issued for existing buildings, structures or parts thereof, or existing uses of lands, if after inspection, it is found that such buildings and structures or parts thereof or such use of land are in conformity with the provisions of this ordinance.
7. A record of all certificates issued shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
8. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan when completed at the same time as such dwelling.
9. Application for certificates of occupancy shall be made in writing to the Building Inspector on forms furnished by him, and such certificates shall be issued within 5 days after receipt of application if it is found that the building or structures or part thereof, or the use of land is in accordance with the provisions of this ordinance. if such certificate is refused for cause, the applicant there fore shall be notified of such refusal and cause thereof within the aforesaid 5 day period.
SECTION 805. The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof, shall notify the Building Inspector immediately upon the completion of the work authorized by such permit, for a final inspection.
SECTION 806. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued' under the provisions of this ordinance may be collected by the Building Inspector in advance of issuance. The amount of such fees shall be established by resolution of the township board and shall cover the cost of inspection and supervision resulting from enforcement of this ordinance.
SECTION 807. in interpreting and applying this ordinance, the provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. it is not intended by this ordinance to repeal abrogate, annul or in anyway to impair or interfere with any existing provision of law or ordinance other than the above described zoning ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this ordinance imposes a greater restriction than is required by existing ordinances or by rules, regulations or permits, the provisions of this ordinance shall control.
SECTION 808. The township zoning board is hereby designated as the commission specified in SECTION ii of Act 168 of The Public Acts of 1959, and shall perform the duties of said commission as provided in the statute in connection with the amendment of this ordinance.
SECTION 809. in cases where the planning commission is empowered to approve certain uses of premises under the provisions of the ordinance, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper consideration of the matter .
The planning commission shall investigate the circumstances of each such case and shall notify such parties, who may in its opinion be affected thereby, of the time and place of any \hearing which may be held relative thereto as required under its rules of procedure.
The planning commission may impose such conditions or limitations in granting approval as may in its judgment be necessary to fulfill the spirit and purse of this ordinance.
SECTION 810. Changes and Amendments. The township board may from time to time, on recommendations from the planning commission, on its own motion, or own petition, amend, supplement or change this ordinance in accordance with the procedures established in Act 184 of The public Acts of 1943 as amended.
SECTION 811. Fees Petition for Amendment. Under presentation of petition for amendment of the zoning ordinance by the owner of real estate to be affected, such petition shall be accomplice by a fee. The amount of such fee shall be set by resolution of the township board and shall be placed in the general fund to partly defray the expense of publishing the required notices of public hearings and the expenses of said public hearing.
SECTION 812. Violations. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanour, and upon the conviction thereof, shall be subject to a fine of not more than $100.00 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail not to exceed 90 days for each offence, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.
SECTION 813. Public Nuisance Per Se. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this ordinance and in violation of any of the pro visions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
SECTION 814. Fines and imprisonment. The owner of any building, structure or premises or part thereof, where any condition in violation of this ordinance shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offence and upon conviction thereof shall be liable to the fines and imprisonment herein provided.
SECTION 815. Each day a separate offence. A separate offence shall be deemed committed on each day during or when a violation occurs or continues.
SECTION 816. Rights and remedies are cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
SECTION 900. Creation and Membership. There is. hereby established a Board of Appeals. hereinafter called The "Board" .which shall perform its duties and exercise its powers as provided in Act 184 of The Public Acts of 1943. as amended. and in such a way that the objectives of this ordinance shall be observed. public safety and welfare secured and substantial justice done. The Board shall be composed of the three following members:
1. The first member shall be the chairman of the Township planning commission for the period of his term of office.
2. The second member shall be a member of the township board appointed by the township board for the period of his term of office.
3. The third member shall be selected or appointed by the first two members of the board from among the electors residing in the unincorporated area of the township for a period of three years.
No elected officer of the township nor any employee of the township may serve simultaneously as a third member of, or as an employee of the Board of Zoning Appeals.
SECTION 901. Meetings. All meetings of the Board of Appeals shall be held at the call of the chairman and at such time as such board may determine. All hearings conducted by said board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question. or if absent. or failing to vote. indicating such fact; and shall also keep records of its hearings and other official actions. The board shall have the power to subpoena and require the attendance of witnesses. administer oaths. compel testimony and the production of books. papers. files. and other evidence pertinent to the matters before it.
SECTION 902. Appeal. An appeal may be taken to the Board of Appeals by any person. firm or corporation. or by any officer , department, board or bureau affected by a decision of the Building Inspector. Such appeal shall be taken within such time as shall be prescribed by The Board of Appeals by general rule, by filing with the Building Inspector and with The Board of Appeals a notice of appear specifying the grounds thereof. The Building Inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board of Appeals after notice of appeal has been. Filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record. The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appeal and testify at the hearing, either in person or by duly authorized agent or attorney.
A fee shall be paid to the Secretary of the Board of Appeals at the time the notice of appeal is filed, which the secretary shall forthwith pay over to the township treasurer to the credit of the general revenue fund of the township . The fees to be charged for appeals shall be set by resolution of the township board.
SECTION 903. Jurisdiction. The Board of Appeals shall have the following powers and shall be its duties :
(1) To hear and decide on all matters referred to it upon which it is required to pass under this ordinance.
(2) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or de termination made by the Building Inspector in the enforcement of this ordinance.
(3) in hearing and deciding appeals the Board of Appeals shall have the authority to grant special exception and to grant such variance there from as may be in harmony with their general purpose and intent so that the function of this ordinance be observed, public safety and welfare secured and substantial justice done, including the following:
a. May interpret the provisions of the ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this ordinance where street layout actually on the ground varies from the street layout as shown on the map afore told.
b. May permit the erection and use of a building or use of premises in any use district for public utility purposes, upon recommendation of the planning commission.
c. May permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modifications 'Hill not be inconsistent with the purpose and intent of such requirement.
d. May permit modification of wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development.
e. May permit, upon proper application, the following character of temporary uses, not otherwise permitted in any district, not to exceed 12 months with the granting of 12 month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.
The Board of Appeals in granting permits for the above temporary uses, shall do so as closely as possible to the following conditions:
The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein temporary use is permitted.
The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.
All setbacks, land coverage, off street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the township shall be made at the discretion of the Board of Appeals.
In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures relating to the permitted use of the land; recreation developments such as, but not limited to, golf driving ranges, and outdoor archery courts, or structures which do not require foundations, heating systems or sanitary connections.
The use shall be in harmony with the general character of the district.
No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in SECTION 905 of this ordinance.
f. May permit the winning of top soft clay, sand, gravel rock or aggregates from any land use district. in granting such approval the Board of Appeals may grant a permit for an initial period not to exceed 5 years, with the granting of subsequent two year renewal extensions being permissible, and shall be subject to the following:
(1) The Board of Appeals shall first seek the findings and recommendations of the planning commission clearly demonstrating that the winning of natural resources will not permanently impair the intended land use potential of the property in question.
(2) The Board of Appeals shall issue said permit only after a proper notice shall have been made and only after a public hearing shall have been held.
(3) The Board of Appeals shall find that all requirements set forth in the township board's resolution establishing standards, operating requirements, application and review procedures and the existing of bonds shall have been met.
(4) The Board of Appeals may require the applicant to execute and file with the township Clerk, a bond to the Township of Greenleaf with a surety company authorized to do business in Michigan as surety in a penal sum of $2,000.00, conditioned that the applicant conform to the provisions of this ordinance:
(a) The applicant will maintain a grade of 12 inches above the existing crown of any road adjacent to or abutting the property.
(b) The applicant will so seed and establish a sod after removal to maintain a stable surface on the land.
(5). Where owing to special conditions a literal enforcement of the provisions of this ordinance would involve practical difficulties or cause unnecessary hardships, within the meaning of this ordinance, The Board of Appeals shall have power upon appeal in specific cases to