SUMMARY OF SELECTED PROVISIONS OF

TOBACCO TOWNSHIP ZONING ORDINANCE

(To be furnished with each Land Use Permit,

along with a copy of appropriate District Regulations)

(This is a summary of zoning regulations-not a complete list. Applicants are responsible for complying with ALL zoning regulations. A copy of the ordinance may be reviewed in the reference section of the Beaverton Branch Library, or a copy purchased from the township supervisor or clerk.)

Word meaning: Many words are defined in the zoning ordinance in a somewhat different meaning than their common use meaning. Consult Chapter 2 of the zoning ordinance.

Accessory Structure: A structure attached or detached from a principal building on the same lot and customarily incidental to and subordinate to the principal building or use.

Dwelling: A building or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

Lot: A parcel of land occupied or intended for occupancy by a main building and accessory buildings thereto, together with such open spaces as are required under the provisions of this ordinance. Every lot shall abut upon and have permanent access to a public or private street or road.

Parcel: A parcel is a continuous piece of land under uniform ownership that is occupied or intended for occupancy by a principal building or use and any accessory structures or uses thereto. Every parcel shall abut upon and have permanent access to a public or private road. Also see “Lot”.

Setback: The distance between the street right of way or front, back or side lot line and the front, back or side of a building or any projection of the building, excluding uncovered steps.

Yard: An open space on the same lot with a building, which may not be occupied by buildings, man-made structures or parking areas, except as otherwise provided. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line (property line) and the building line.

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. Section 1102(7).

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.

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.

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.

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.

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.

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

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. Section 1103(13).

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. – (Section 1103(11)

ATTACHED GARAGE YARD REQUIREMENS. Attached garages shall be considered part of the principal building for the purpose of computing required yards. Section 1103(14).

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 1104.

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.

APPLICATION FOR LAND USE PERMIT. 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.

(Section 1108).

RASING THE GROUND LEVEL OF PARCELS OR LOTS. 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. Section 1110.

SIGNS: Signs are regulated by Chapter 13 of the zoning ordinance, and in most cases, requires a Land Use Permit prior to installation.