CHAPTER 11

General Requirements

SECTION 1101. NONCONFORMITIES.

(1) INTENT. It is the intent of this Section to permit the continuation of any lawful use of a building, structure or land existing as of the effective date of this Ordinance, or amendments thereto. However, it is hereby declared that nonconformance with the provisions of this Ordinance is not in the best interests of the Township and ought to be discontinued as circumstances permit. Any nonconforming building, structure or use shall not be enlarged or expanded except as provided in Section 1101(5), Chapter 14 (Special Use Permit Requirements) and Section 1507 (Site Plan Review), and may be changed, repaired, or reconstructed only as prescribed by this Section.

Historical Notes: Subsection (1) amended by Ord 08-01, eff Feb 25, 2008.

Subsection (1) amended by Ordinance 04-05, eff Oct 7, 2004.

The 2008 amendment changed subsection (1) as follows: The words “structure” and “or amendments thereto” were added to the first sentence. The words “Section 1101(5)” were added to the last sentence.

Prior to the 2004 amendment, subsection (1) read: “ It is the intent of this Section to permit the continuation of any lawful use of a building or land existing as of the effective date of this Ordinance. However, it is hereby declared that nonconformance with the provisions of this Ordinance is not in the best interests of the Township and ought to be discontinued as circumstances permit. Any nonconforming building, structure or use shall not be enlarged or expanded and may be changed, repaired, or reconstructed only as prescribed by this Section.”

(2) HISTORIC PROPERTIES. Any nonconforming property in Tobacco Township, which is listed on the State or National Register of Historic Places, is specifically excluded from any requirement of this Section, which would damage the historic character of the property. When any such property is the subject of any administrative decision, the input of Michigan's State Historic Preservation Officer shall be requested in writing not less than 30 days before any regulatory action may take effect.

(3) LEGALITY OF NONCONFORMITIES. Nonconformities will be classified as "legal" or "illegal" based on the following guidelines. Regulation of nonconformities will vary based on their legality.

ILLEGAL nonconformities are those that have been developed in conflict with zoning regulations.

LEGAL nonconformities are those that meet each applicable criterion, listed below. Note that temporary signs are not considered legal nonconforming structures.

(a) The nonconformity existed legally before the effective date of this Ordinance.

(b) The nonconformity complied with the District Regulations of the previous zoning ordinance, or existed legally through a special use permit or variance.

(c) Nonconforming Setback or Lot Size only: The nonconformity resulted from land acquisition by a government agency, such as for a road right of way.

(d) Nonconforming Buildings or Structures only: The building or structure does not extend into a public right of way, or over a neighboring property line.

(4) LOSS OF LEGAL NONCONFORMING STATUS. If a nonconforming use of land or structure ceases for any reason for a period of one (1) year or more, any reuse of the land or structure must conform to all requirements of this Ordinance.

(5) EXPANSION OF NONCONFORMITY PROHIBITED. Except as provided in subsections (1) and (11), no structure may be enlarged or structurally altered in such a way as to increase its nonconformity. A reduction of the degree of nonconformance in one respect is not permitted to offset an increase in the degree of nonconformance in another respect. Thus, square footage may not be "traded" from one portion of a building to another. Nor may one nonconforming use be replaced by another unless the degree of nonconformance is reduced in some way.

Historical Notes: Subsection (5) amended by Ordinance 04-05, eff Oct 7, 2004.

The 2004 amendment added at the beginning of the subsection: “Except as provided in subsections (1) and (11)”.

(6) RECONSTRUCTION, RESTORATION OR REPAIR. Any lawful nonconforming use that is damaged may be restored, rebuilt, or repaired PROVIDED that said use be the same or more nearly conforming with the provisions of the district in which it is located. No repair may enlarge or structurally alter the structure in such a way as to increase the nonconformity.

(7) REPAIR. Nothing in this ordinance shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, or wear, PROVIDED that such repair does not enlarge or structurally alter the structure in such a way as to increase the nonconformity.

(8) CHANGING USES. If no structural alterations are made, the Board of Appeals may authorize a change from one nonconforming use to another nonconforming use, PROVIDED the proposed use would be more suitable to the zoning district in which it is located, than the nonconforming use which is being replaced. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not revert or be changed back to a nonconforming or less conforming use.

(9) NONCONFORMING LOTS. In any district in which single-family dwellings are permitted, a single-family dwelling and the accessory buildings may be erected on any single legal lot of record at the effective date of adoption or amendment of this Ordinance. Yard dimensions shall conform to the regulations for the district in which the lot is located.

(10) INVENTORY OF NONCONFORMITIES. The Township Zoning Administrator is hereby required to establish and maintain an Inventory of Legal Nonconformities known to exist in Tobacco Township. Listed properties shall be arranged in the order of the Township Assessor's parcel identification numbers. This inventory should not list illegal nonconformities. Illegal nonconformities are violations of the ordinance and should be kept in the active files of the Township Zoning Administrator. Generally, the inventory of legal nonconformities should only expand if a Board of Appeals action allowing the nonconformity is issued, or because of an amendment to this ordinance.

All listed properties shall also be identified on a large-scale map of the Township, which shall be available for public inspection.

Each listing in the Inventory of Nonconformities shall include the following information.

(a) Date each parcel listed on inventory.

(b) Parcel identification number.

(d) Current owner(s).

(e) Property description.

(f) Parcel dimensions.

(g) Current zoning district.

(h) Current use of property.

(i) Description of all nonconformities (Use, lot, structures, and signs), and date nonconforming status occurred, if known.

(11) Notwithstanding any other provision of this ordinance, residential dwellings which are nonconforming due to their location in a non-residential district may be remodeled or rehabilitated for the purpose of maintaining a safe, habitable dwelling place, including additions of dwelling space, provided that the cumulative first floor area of any such additions of dwelling space shall not exceed 50% of the first floor of the heated living area of the residential dwelling. Further, accessory buildings for storage space may be allowed, provided such accessory spaces shall not exceed seven hundred fifty (750) square feet. Approval for any addition or storage space that is proposed to be constructed pursuant to this subsection shall be obtained from the zoning administrator. Approval of the zoning administrator will be indicated by the issuance of a land use permit.

Historical Notes: Subsection (11) was added by Ordinance 04-04, eff Oct 7, 2004.

SECTION 1102. USE REGULATIONS.

(1) BUILDING PERMITS REQUIRED. All construction requires a building permit issued by the county building department, except for those structures exempted under the county building code. Property owner must obtain a Land Use Permit (LUP) from the township zoning administrator for all construction, without exception, in accordance with Section 1108. Upon presenting the LUP to the building department he will be issued a building permit or be informed that his project is exempt.

Historical Notes: Subsection (1) amended by Ordinance 04-05, eff Oct 7, 2004.

Prior to 2004 amendment, Subsection (1) read: “All construction requires a building permit”.

(2) PRIOR BUILDING PERMITS. Any building permit issued prior to the effective date of this Ordinance shall be valid, even though not conforming to the provisions of this Ordinance, provided that construction is commenced within ninety (90) days after the date the permit was issued and that the building is completed according to the plans filed with the permit application within two (2) years of the date of issuance.

(3) ACCESSORY USES. Nothing in this Ordinance shall be construed to prohibit the following accessory uses.

(a) Customary refreshment and service uses and buildings which are incidental to the recreational use of any park or recreational area.

(b) Buildings or structures necessary for provision of essential services.

(d) Fences, walls, and screens within required yard space.

(e) Retaining walls.

(f) Off street parking for licensed automobiles, recreational vehicles and other motor vehicles not including trucks over one (1.5) ton rated capacity.

(g) Home Occupations.

(h) Use of premises as a voting place.

(i) Storage sheds, playhouses, and shelters for transit or school bus passengers.

(j) Radio or TV antennas.

(k) Swimming Pools

(l) Front yard handicap access facilities in residential districts, with proof of need.

(4) INOPERATIVE OR DISMANTLED VEHICLES. See Tobacco Township‘s Inoperable Motor Vehicle Ordinance.

(5) CORNER CLEARANCE. No fence, wall, shrubbery, sign or other obstruction to vision above the height of three (3') feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of thirty (30') feet from their point of intersection.

(6) STORAGE OF GARBAGE. All garbage and rubbish must be stored in closed containers or within a building until the time of collection. No garbage or rubbish may be stored for a period of more than two weeks, or so as to cause hardship, health hazard, or annoyance to adjoining properties.

(7) FENCES, WALLS AND NONBOTANICAL SCREENS. In all agricultural, residential and commercial districts, no fence, wall or hedge plantings shall exceed a height of three (3') feet within twenty (20') feet of any street right-of-way line. Fences, walls or structural screens shall not exceed three (3') feet in any front yard or six (6') feet in any side or rear yard. Fences, which enclose public or institutional uses, playgrounds or public landscaped areas, shall not exceed eight (8') feet in height and shall not obstruct vision.

On any waterfront properties, privacy fences equal to or greater than six (6’) feet tall shall not be installed or erected closer than twenty (25’) feet from the normal water’s edge. Within twenty-five (25’) feet of normal water’s edge, fence must not obstruct the view of the water or exceed a maximum height of four (4’) feet.

Historical Notes: Second paragraph of subsection (7) amended by Ordinance 04-05, eff Oct 7, 2004.

Prior to 2004 amendment, last sentence of 2d paragraph, subsection (7) read: “ Within twenty (25’) feet of normal water’s edge, fence must be not obstruct the view of the water or exceed a maximum height of four (4’) feet”.

(8) STORAGE OF EQUIPMENT AND MATERIALS. In all commercial and industrial districts, the open storage of any equipment, vehicles and all materials, shall be screened from public view, from a street and from adjoining properties by an enclosure consisting of a wall equal in height to the equipment, vehicles and all materials to be stored. In no instance shall said wall be less than four feet six inches (4'6") in height measured from the surface of the adjacent building flooring.

Historical Notes: Subsection (8) amended by Ordinance 04-05, eff Oct 7, 2004.

Prior to 2004 amendment, last sentence of subsection (8) read: : In no instance shall said wall be less in height than four feet six inches (4’ 6”) measured from the surface of the adjacent building flooring”.

(9) HEAVY EQUIPMENT STORAGE. Overnight parking of commercial vehicles in excess of one and one half (1.5) ton rated capacity, including all semitruck tractors and trailers, is allowed in all districts, except that it is prohibited in any Residential Zoning District unless the lot size is greater than one (1) acre. This regulation does not apply to emergency vehicles or equipment.

SECTION 1103. DWELLING REGULATIONS.

(1) MUST COMPLY WITH CODE REQUIREMENTS. Every dwelling must comply with all pertinent housing, fire and construction codes as set forth by the Gladwin County Building Department.

(2) MOBILE HOME INSPECTION, USES, INSTALLATION

(a) MOBILE HOME INSPECTIONS. A Land Use Permit will not be issued until the mobile home has been inspected by the Zoning Administrator, or other authorized person.

1. All mobile homes moved into the township, or moved to a different parcel or lot within the township, must be inspected prior to installation as described below.

2. The inspection shall consist of a visual inspection to determine the general condition and appearance of the mobile home.

3. The inspection does not certify the mobile home as to safety, code requirements, etc.

4. Only HUD approved mobile homes will be approved. A HUD plate or sticker must be displayed on the mobile home.

5. After receipt of the township land use permit, the applicant must contact the Gladwin County Building Department, and the County Health Department, to obtain additional permits.

6. Generally, the inspection should be conducted prior to moving the mobile home into the township. However, upon written request of the applicant, the Zoning Administrator may authorize the mobile home to be inspected after being brought into the township, but prior to installation. The applicant shall sign a statement indicating he understands that if the mobile home fails the inspection that it must be removed from the township within 5 days.

7. A mobile home already in the township will, in all cases, be inspected while still located on the original parcel or lot.

8. If an applicant moves a mobile home into the township without prior inspection in accordance with 6 above, he does so at his own risk.

9. Cost of Inspection. The owner of the mobile home shall pay an inspection fee as set forth in the then current township general fee schedule, plus mileage to and from the home’s location.

(b) MOBILE HOME USES. A mobile home shall be used only as a dwelling. Mobile homes shall not be used for storage or other uses. Any mobile home used for any purpose other than as a dwelling must be removed from the township.

(c) MOBILE HOME INSTALLATION. In the event that a dwelling is a Mobile Home, it must be installed pursuant to the manufacturer's setup instructions with the wheels removed. It also must be secured to the ground by an anchoring system or device complying with the Gladwin County Building Code and the rules and regulations of the Michigan Mobile Home Commission. Each Mobile Home must have a perimeter wall or skirting which has the same dimensions as the Dwelling. No Mobile Home shall have any towing mechanism, undercarriage or chassis exposed. All mobile homes installed on or after the effective date of this Ordinance shall have a full four (4”) inch concrete slab under the mobile home or concrete piers measuring twelve (12”) inches square by forty-two (42”) inches deep and no more than ten (10’) feet apart or concrete footings being twelve (12) inches wide and forty two (42) inches deep for the full length of the mobile home.

Historical Note: Subsections (a) and (b) of Subsection (2) added by Ordinance 09-01, eff Dec 23, 2009.

(3) SITUATIONS IN, WHICH TEMPORARY DWELLINGS ARE ALLOWED. Use of a Mobile Home for a temporary Dwelling may be authorized under the following circumstances.

(a) SINGLE FAMILY HOME UNDER CONSTRUCTION BY OWNER. One (1) Mobile Home, housing only the owner(s) of a Parcel and their immediate family members, may be placed on any Parcel. The Temporary Permit shall be valid for up to one (1) year, and may be renewed not more than once for the same period by the Zoning Administrator.

(b) REPAIR OF DAMAGED CONFORMING SINGLE FAMILY DWELLING. One (1) Mobile Home may be placed temporarily on a Parcel. The housing may house only the owner(s) of the Parcel and immediate family members during the repair of a Single Family Home. The Temporary Permit shall be valid for up to six (6) months and may be issued by the Zoning Administrator under emergency conditions. The permit may be renewed not more than once for the same period by the Zoning Administrator.

(c) ADDITIONAL REQUIREMENTS. All of the following requirements must be met before any Temporary Permit may be issued for placement and temporary occupancy of a Mobile Home.

1. UTILITIES. The proposed water supply and sanitary facilities must be inspected and approved by the Central Michigan District Health Department.

2. BUILDING PERMIT. A building permit must have been issued to the Parcel owner(s) for construction or repair of a Single Family Home on the Parcel.

3. COMPLY WITH DISTRICT REGULATIONS. Placement of the Mobile Home must comply with all Setback and Lot Coverage requirements for the applicable Zoning District.

4. TEMPORARY OCCUPANCY: All applications for temporary mobile home and recreational vehicle occupancy shall be made to the Zoning Administrator and shall contain:

a. The name of the owner of the mobile home or recreational vehicle.

b. The location of the proposed parking site as to street or road and house number, business address or by legal property description where no house number or business address is available.

c. The make, width and length of the mobile home or recreational vehicle and the vehicle license number, if any.

d. The date of the application.

(4) STRUCTURES TO BE OF UNIFORM QUALITY. Any additions, rooms or other areas of a dwelling must be constructed using workmanship and materials similar or higher in quality than the original structure. Such additions, rooms or other areas must be permanently attached to the principal structure and must be supported by a foundation as required herein.

(5) MAINTENANCE. A dwelling must be properly maintained and protected against deterioration and damage from the elements or the passage of time by prompt and appropriate repairs, surfacing, coating and any other necessary protective measures.

(6) STORAGE AREA. Every dwelling unit must contain a storage area equal to ten (10%) percent of the square footage of the dwelling or one hundred (100) square feet, whichever is less, in a basement located under the dwelling, an attic area, closet areas, or a separate structure which meets all requirements of the Gladwin County’s adopted Building Code.

(7) ONE SINGLE FAMILY DWELLING PER PARCEL. Unless the structure is part of an approved Planned Unit Development, only one (1) single family detached dwelling will be allowed to be erected on a parcel.

(8) FOUNDATION. All dwellings, except mobile homes located in mobile home parks, must be firmly attached to a permanent foundation meeting the Gladwin County’s adopted Building Code requirements for such dwellings, the walls of which have the same perimeter dimensions as the dwelling. For mobile homes, see Section 1103, (2).

(9) DIMENSIONS. All single-family dwellings must have a minimum width across any front, side and rear elevation of fourteen (14') feet and comply in all respects with the County’s adopted Building Code or HUD, including minimum heights for habitable rooms.

(10) ROOF. All one or two family dwellings, other than mobile homes located inside mobile home parks, must have a pitched roof, the principal portion of which has a slope of no less than one (1) vertical unit to four (4) horizontal units. The eaves of this roof must project no less than six (6") inches beyond the walls.

(11) RECREATIONAL VEHICLES (RV). Recreational vehicles will not be used as a permanent dwelling. An RV occupied for a period of 3 months or more is defined as a permanent dwelling.

(12) ACCESSORY BUILDING NOT FOR DWELLING USE. No portion of an accessory building in any Zoning District is to be used as a dwelling.

(13) ACCESSORY BUILDING SIZE. These regulations exclude barns for agricultural purposes in the A-1 zone. In all zones, with property measuring 1 acre or less, garages as accessory buildings to residences, may not exceed twelve hundred (1,200) square feet. Accessory buildings, excluding garages, for residences that are greater than one hundred and twenty (120) square feet must meet the same yard requirements as those for the principal structure.

(14) ATTACHED GARAGE YARD REQUIREMENS. Attached garages shall be considered part of the principal building for the purpose of computing required yards.

Historical Notes: Subsection (11) amended by Ordinance 10-03, effective Dec 30, 2010.

Prior to the 2010 amendment, subsection (11) read: “RECREATIONAL VEHICLES (RV). Recreational vehicles may be used as dwellings if they are placed on property owned by the resident of the RV and if they are not kept on the property more than six (6) months each calendar year. No RV may be rented to another party or occupied by another party other than the owner of the land on which the RV is placed. During the period when the RV is placed on the owner’s property it must be hooked to a well and septic system located on the same property.”

SECTION 1104. PARCEL REGULATIONS.

MINIMUM LOT FRONTAGE. The front lot lines of all parcels shall abut a public or private road or street and shall have a contiguous permanent frontage at the Front Lot Line equal to the required parcel width. Flag lots are not permitted. In the case of a cul-de-sac, parcel width is measured at the Front Yard Setback Line.

SECTION 1105. STRUCTURE REGULATIONS.

(1) PERMITTED YARD ENCROACHMENTS. The following items shall be considered to be

accessory structures, whether or not they are attached to a principal building, and may

project into the required yard setbacks for the principal building. Setbacks for all accessory

structures not listed in this section must be adhered to. (Refer to appropriate district

regulations.)

(a) Open porches, paved terraces and patios, landscape terraces, and decks may project

into the rear yard setback. (NOTE 1: Enclosed porches are considered to be part of

the principal building and are subject to all yard setbacks and area requirements.

NOTE 2: These structures may not be built so as to obstruct the water view of

adjacent lots in the Waterfront District)

(b) Fire escapes, outside stairways, and balconies, if of open construction, may

project into a rear yard.

yards shall run from the front lot line to the rear lot line.

(d) Signs, subject to the provisions of Chapter 13.

Historical Notes: Subsection (1) amended by Ordinance 06-01, eff March 30, 2006.

Prior to 2006 amendment, subsection (1) read: “PERMITTED YARD ENCROACHMENTS. The following items shall be considered to be accessory structures, even though they may be attached to a principal building, and may project into required side or rear yards for the principal building. Setbacks for accessory structures must be adhered to, as well as any requirements listed herein.

(a) Open porches, paved terraces and patios, provided the following restrictions apply. NOTE: Enclosed porches are considered to be part of the principal building, subject to all yard, setback and area requirements.

(b) Structural elements such as cornices, sills, chimneys, gutters, and similar features projecting a maximum of two and one half (2.5') feet.

(d) Signs, subject to provisions of Chapter 13.

(2) PERMITTED HEIGHT EXCEPTIONS. The following exceptions shall be permitted to height limitations of the DISTRICT REGULATIONS chapters, subject to an approved site plan. These permitted exceptions shall not be for human occupancy or dwelling.

(a) Appurtenances to mechanical or structural functions, such as elevator and stairwell penthouses, ventilators, heating or air conditioning equipment, water storage tanks, and safety equipment shall be permitted to a maximum height of fifty-five (55') feet in any Commercial Zoning District and sixty (60') feet in any Industrial Zoning District.

(b) Special structures, such as chimneys or smoke stacks, radio or television transmitting towers or antennas, or microwave relay towers shall be permitted to a maximum height of one hundred seventy five (175') feet in the C Zoning Districts or in any Industrial Zoning District, subject to the Special Use regulations for accessory uses.

(c) Residential television antennas or flagpoles shall be permitted to a maximum height of forty-five (45') feet in any Residential Zoning District. However, in no case shall the height of such antenna or flagpole exceed the height of the roof peak by more than fifteen (15') feet.

SECTION 1106. BUFFERING REGULATIONS.

(1) INTENT AND PURPOSE. The intent and purpose of the buffer zone is to protect residential uses from the negative impacts associated with nonresidential uses where residential and nonresidential uses abut. These negative impacts include noise, debris, odors, dust, dirt, traffic, soil erosion, rain water runoff and in some cases visible aspects of the abutting use. The buffer zone is also intended to prevent and improve blight in both residential and commercial areas by encouraging improvements to uses that abut residential districts. Buffer is in addition to yard requirements.

(a) The objectives of this approach are, to give the Planning Commission and the proponent as much opportunity to achieve the regulations by any suitable means, according to a specific list of options noted in item (c), and to encourage business owners to continue to invest in commercial improvements, including relocating on lots where a strict interpretation of the distance requirement cannot be met.

(b) Buffers are required on commercial or industrial property on the side, which abuts residentially zoned property. Buffers are required even when the adjacent lot is unimproved. A buffer will be required when any parcel used for commercial or industrial purposes is expanded by way of an addition or demolition or a special land use approval is requested or a site plan review is requested.

(c) Location of Bufferyard: Bufferyards shall be located on any parcel of land where conflicts in land uses exist between the proposed new land use and existing adjacent land use. Responsibility for, and location of, the buffer yard will be 100% within the boundaries of the proposed new land use. These buffer yards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. Buffer yards shall not extend into or be located within any portion of an existing street right-of-way or yard.

(d) Buffer yard Requirements: The type of buffer yard required shall be determined based on the proposed new land use and existing land use by using the following chart. Should a developed use increase in intensity, the Planning Commission shall, during the site plan review process, determine if additional buffer yard is needed and if so to what extent and type.

BUFFER ZONE CHART

					Adjacent District
\|District in which buffer is required	WR	R-1, R-2	C-1, C-2	I
WR	None	A	B	C
R-1, R-2	A	None	B	C
C-1, C-2	B	A	None	A
I	C	B	A	None

(e) The Planning Commission shall determine the character of the buffer based on the following criteria:

1. Traffic impact

2. Increased building and parking lot coverage.

3. Increased outdoor sales, display and manufacturing area.

4. Physical characteristics of the site and surrounding area such as topography, vegetation, etc.

5. Visual, noise and air pollution levels

6. Health, safety and welfare of the Township.

(f) Buffer yard Types and Development Standards: buffer yard requirements are stated in terms of the depth of the buffer yard and the number of plant units required per every 100 linear feet of buffer yard. The requirements may be satisfied by any of the options indicated for any given buffer yard type. Illustrations of the various buffer yard types can be found at the end of this chapter.

1. The following illustrations graphically depict the acceptable buffer yard widths, plant material types, plant material densities, and structural or land forms for each bufferyard type.

2. Where required, berms shall be a minimum of three (3) feet in height measured from the average grade at the base to the top of the berm with a slope not greater than three (3) feet of run for each one (1) foot of rise. Fences, where required, shall be six feet in height and of the opaque variety. Additional plant materials, sufficient to provide a virtually opaque barrier may be substituted for a fence, where an opaque fence is required, upon approval of the Planning Commission after consultation with adjacent property owners, base holders or occupants.

3. Where required by this ordinance, plant material shall be as follows:

a. Deciduous trees shall be planted not more than thirty (30') feet nor less than fifteen (15') feet on centers.

b. Evergreen trees shall be planted not more than thirty (30') feet nor less than ten (10') feet on centers.

c. Multi stem deciduous trees shall be planted not more than ten (10') feet on centers.

d. Deciduous shrubs and spreading evergreens shall be planted not more than five (5') feet nor less than four (4') feet on centers.

e. Where plant materials are planted are planted in two (2) or more rows, planting shall be in staggered rows.

(g) Where fencing is required in a bufferyard it may be eliminated on approval of the Planning Commission when such fencing is considered by the Planning Commission to be incompatible with the character of the adjacent residential use. The fencing will be replaced with an evergreen hedge, minimum six (6') feet in height, with plant materials dense enough to provide opacity.

(h) Existing plant material or fences may be counted as contributing to the total bufferyard requirement.

(i) If berming is used for all or part of the buffer zone, all required plant material shall be placed on top and side slopes facing the exterior of the site.

(j) Buffers are required to extend into the front yard area but shall not be closer to a road right of way than fifteen (15') feet. The Planning Commission may require the buffer to extend to the road right of way if it deems it necessary to accomplish the intent of this ordinance.

(k) All plantings including grass must be maintained in good healthy condition and must be replaced if they should die at any time.

(l) A drawing of all required landscaping, top and side profile must be submitted to the Planning Commission for review prior to site plan approval.

(m) The Planning Commission may require a performance bond, cash, irrevocable letter of credit, or other similar financial assurance satisfactory to the Township. All financial deposits must be deposited with the Township prior to the issuance of a building permit, in the amount of the Planning Commission’s estimated cost of installing landscaping on a parcel and shall be held until all approved landscaping is installed. If landscaping is not installed in accordance with the approved site plan as determined solely by the Township, the deposited financial assurance may be used to install the required landscaping and only any unused portion thereof will be returned. If the financial assurance does not cover the entire cost of installation, the excess cost will be billed to the owner of the property.

SECTION 1107. ANIMALS, AND ANIMAL HOUSING AND SHELTER.

(1) No structure or building intended for use as housing or shelter for animals, other than those commonly known as “pets”, shall be used, moved to, or constructed on any parcel or lot, except in the A-1 district as provided in Chapter 4, or by Special Use Permit as provided in the WR and R-1 districts (Chapter 5 and 6).

(2) No animals, other than those commonly known as “pets”, shall be kept on any parcel or lot, except in the A-1 district as provided in Chapter 4, or by Special Use Permit as provided in the WR and R-1 districts in Chapters 5 and 6.

(3) Pets are defined as cats and dogs.

Historical Notes: Subsections (1) and (2) amended by Ordinance 10-02, eff Oct 7, 2010.

Prior to 2010 amendment, subsections (1) and (2) read as follows:

“(1) No structure or building intended for use as housing or shelter for animals, other than those commonly known as “pets”, shall be used, moved to, or constructed on any parcel or lot, except in the Agricultural (A-1) district as provided in Chapter 4

(2) No animals, other than those commonly known as “pets”, shall be kept on any parcel or lot, except in the Agricultural (A-1) district as provided in Chapter 4.”

SECTION 1108. LAND USE PERMIT

(1) APPLICATION. Before proceeding with the erection, alteration, moving, or use of any building or structure, or the use of any premises subject to the provisions of this ordinance, the owner thereof shall first obtain a Land Use Permit from the Zoning Administrator. Applications shall be made in writing upon forms provided by the township. It shall be the duty of all architects, contractors, and other persons having charge of erection or movement to determine that the proper permit has been issued before undertaking any such work, and all persons performing such work in violation of this ordinance shall be deemed guilty of a violation of this ordinance in the same manner as the owner of the premises.

(2) ISSUANCE OF PERMIT. If the Zoning Administrator finds that the application conforms to the requirements of this ordinance and other applicable laws and ordinances, he shall mark all copies approved over his signature and date. One copy shall be filed with the township clerk, a copy will be filed with the county building department, when appropriate, and a copy will be delivered to the applicant, together with a card signed by the Zoning Administrator, stating the terms of the permit, which shall be attached to and remain on the construction site during the progress of the work authorized. Such permit shall be valid for twelve (12) months from the date of issue, but may be renewed subject to the terms of the ordinance then in effect.

(3) REVOCATION OF PERMIT. The Zoning Administrator shall have the power to revoke any permit in case of failure or neglect to comply with any provision of this ordinance, or in case of a false statement or misrepresentation made in the application, or to correct an error. The owner of the premises shall be notified of any such revocation.

Historical Notes: Section 1108 was added by Ordinance 04-05, eff Oct 7, 2004.

SECTION 1109. OUTDOOR DISPLAY OF MERCHANDISE.

Outdoor display of items of merchandise in any Commercial Zoning District is subject to the following limitations:

(1) Display items must be examples only of merchandise available within the store. The full inventory of the business is not to be displayed outdoors.

(2) Items not normally sold outdoors may be displayed outdoors, and within the required yard, only during the hours when the store is open for business.

(3) Point of sale for such merchandise must remain within the store building. However, reasonable exceptions are allowed for special sales events, such as tent sales or sidewalk sales.

(4) Merchandise normally sold outdoors may be displayed outdoors, but not in the front yard setback area of the parcel.

Historical Notes: Section 1109 was formerly located in Chapter 13 and was numbered Section 1309. It was moved to Chapter 11, without any change in wording and renumbered 1109, by Ordinance 04-05, eff Oct 7, 2004.

1110. RAISING THE GROUND LEVEL OF PARCELS OR LOTS

(1) It is the intent of this section to protect property adjacent to property undergoing a change in the ground level by establishing rules, standards, and enforcement procedures to regulate those changes.

(2) No part of the ground level of any parcel or lot shall be raised above that of adjacent property without first complying with this section and obtaining appropriate permits.

(3) Applicant shall file an application to raise the level of the property with the Planning Commission. The request shall include, at a minimum, the following documents and/or information:

(a) A statement that explains the work to be accomplished and the reasons therefore.

(b) A site plan drawn to scale showing the contours of the land as it presently exists and showing the contours as proposed.

(c) “Temporary water control measures” means interim control measures which are installed or constructed to control the flow of water to adjacent property and which are not maintained after project completion. Applicant shall include such a plan with the request for permits.

(d) “Permanent water control measures” means control measures which are installed or constructed to control the flow of water and which are maintained after project completion. Applicant shall include such a plan with the request for permits.

(4) The plans required in subsections (3)(a) and (b) may be copies of the Soil Erosion and Sedimentation Control plan approved by the county enforcing agency, if said plan meets the requirements of this section.

The SESC plan required by the county does not require the control of the flow of clear water to adjacent properties, and therefore such plan may not meet the standards of this section.

(5) If the request is approved by the Planning Commission it shall issue a permit to the applicant, in writing, which shall include any conditions deemed necessary or appropriate by the commission. If the request is disapproved, the Commission shall provide the applicant with the reasons for disapproval, in writing.

(6) A person engaged in a ground level change shall plan, implement, and maintain acceptable water flow control measures as required by this section, which effectively reduce accelerated soil erosion and off-site sedimentation and water flow.

(7) A person shall make the permits and plans available for inspection at all times at the work site.

Historical Notes: Section 1110 added by Ordinance 04-05, eff Oct 7, 2004.

SECTION 1111. ZONING COMPLIANCE PERMIT (ZCP)

(1) The Zoning Compliance Permit (ZCP) is required before a project that has been previously authorized under this ordinance, by issuance of a Land Use Permit, is occupied or used.

(2) The purpose of the ZCP is to ensure that the project was completed in compliance with this ordinance (i.e., to ensure changes in design or use that were not authorized by the original Land Use Permit or this ordinance were not made).

(3) Upon completion of the project, the property owner shall contact the Zoning Administrator for an inspection of the completed project authorized by the Land Use Permit. If the property owner has not requested a compliance inspection prior to the expiration of the Land Use Permit (12 months from date of issuance) the Zoning Administrator shall conduct an inspection to determine the status of the project approved by the Land Use Permit and take appropriate action, including, but not limited to, extending the time limit of the Land Use Permit, terminate the Land Use Permit, issue a violation notice.

(4) The Zoning Administrator shall, within 3 days of property owner’s request, conduct an inspection of the property or project for the purpose of:

(a) After construction, that a new structure is of the same size, location and setbacks as the

one for which the Land Use Plan was granted.

(b) Before occupation, use is the same as the use for which the Land Use Plan was granted

and no new uses have been added.

previously imposed.

(d) A Zoning Compliance Permit shall also be required prior to occupying an existing

structure or parcel with a new type of use.

(e) If the property owner has complied with all requirements and conditions a Zoning

Compliance Permit shall be issued. If the property owner has not complied with all

requirements and conditions a violation notice shall be issued.

(f) The ZCP may also be used to document lawfully existing nonconforming use and

nonconforming structures.

Historical Note: Section 1111 added by Ord 08-01, eff Feb 25, 2008.

SECTION 1112. HOME OCCUPATION PROCEDURES AND PERMITS

(1) APPLICATION. Persons desiring to operate a home occupation (as defined in Chapter 2- Definitions) shall submit an application to the Planning Commission on forms provided by the township. Home occupations are “permitted by right” in the Agricultural and Residential Districts, however, the applicant must receive approval from the Planning Commission to ensure that the proposed use complies with the restrictions listed in Chapter 2, other provisions of the Zoning Ordinance and other township ordinances.

(2) VARIENCES AND EXCEPTIONS TO HOME OCCUPATION REGULATIONS. The Planning Commission may grant reasonable exceptions to the mechanical equipment restrictions of subsection (d) of the Home Occupation definition. The Planning Commission must consider any impact that the grant of exceptions would have on neighboring properties and residents, and that the request does not violate other provisions of the Zoning Ordinance or other township ordinances. Exceptions shall be fully explained and justification made on the record. Other exceptions to the Home Occupation regulations must be reviewed by the Zoning Board of Appeals as a nonuse variance.

(3) PERMITS. Upon approval of the application by the Planning Commission (and/or the Zoning Board of Appeals) the Zoning Administrator shall issue a Land Use Permit (LUP). A copy of the Planning Commission and/or Zoning Board of Appeals approval shall be attached to all copies of the LUP.

Historical Note: Section 1112 added by Ordinance 09-01, eff Dec 23, 2009.

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Adjacent District