article 8.00 supplementary provisions effective may 6,...

Zoning Ordinance Hamburg Township, Livingston County, Michigan

Article 8.00 1 Supplementary Provisions Printed on: 3/2008

ARTICLE 8.00

SUPPLEMENTARY PROVISIONS Effective May 6, 2009

Section 8.1. Home Occupations Home occupations are occupations allowed as an accessory use clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes, carried on by the immediate family members inhabiting the dwelling unit. Typical home occupations may include but are not limited to hairdressing, accounting, home gardening, real estate and insurance sales, appliance and motor repair, and professional offices. The following conditions for home occupations shall be met. 8.1.1. General Requirements. The following requirements shall apply to all home occupations:

A. The home occupation shall involve no more than the equivalent of one on site full time employee

other than members of the immediate family residing on the premises. B. A home occupation shall not endanger or infringe upon the health, safety, welfare, or enjoyment

of any other persons in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, electrical interference, fire hazard, traffic, or parking congestion.

C. No structural alterations or additions which will alter the residential character of the structure in

terms of the use or appearance shall be permitted to accommodate a home occupation. D. All home occupation activities shall be conducted indoors, except gardening which may be

conducted outdoors. E. Only customary domestic or household equipment, or equipment judged by the Zoning

Administrator not to be injurious or a nuisance to the surrounding neighborhood shall be permitted.

F. There shall be no external evidence of such occupations except a small announcement sign as

specified per Section 8.8.2. Plants used in a gardening home occupation may be grown outside only for the time period, which is required for full growth.

G. A family day care home as defined by this Ordinance shall be permitted as a home occupation

with any Residential District provided all provisions of Section 8.1 are met. 8.1.2. Class I Home Occupations: Class I home occupations are allowed in the RAA, RA, RB, RC, WFR, NR, VC, and VR districts and do not require Planning Commission approval. In addition to the required general conditions, a Class I home occupation must also comply with the following restrictions: A. A Class I home occupation shall utilize no more than twenty-five (25) percent of the total floor

area on site.



B. Class I home occupations shall not have more than two customers and/or delivery vehicles on-site at one time, excluding the vehicles of the occupants of the home. Shipments or deliveries by vehicles having more than two (2) axles are prohibited.

C. A Class I home occupation may offer for sale any article or service which is incidental to

services performed or articles produced on the premises. 8.1.3. Class II Home Occupations: Class II home occupations are allowed in the RAA, RA, RB, RC, WFR, NR, VC, and VR districts after special approval per Section 3.5. In addition to the required general conditions, a Class II home occupation must also comply with the following restrictions, however the Planning Commission shall have the authority to modify or waive the general requirements in the special approval process: A. At no time shall the number of vehicles on the site of a Class II home occupation impose a

negative impact on adjacent uses. Frequent shipments or deliveries by vehicles having more than two (2) axles are prohibited.

B. Class II home occupations may offer for sale any article or service provided that the sale of any

articles or services by a Class II home occupation shall not have a negative impact on the surrounding uses.

C. The Planning Commission may stipulate hours of operation for a home occupation. D. Class II home occupations shall be located on parcels with frontage on an Arterial or Collector

Road. E. Any parking associated with a home occupation shall be located to the side or rear of the

principal building. F. Class II home occupations shall be required to submit an annual permit for administrative

review. All annual permits shall be received by the Zoning Administrator on January 15. If the applicant received their special use between October and January 14, they shall submit their annual permit one year from January 15 of the following year.

In the event the Zoning Administrator determines that the Class II home occupation no longer complies with the provisions of this section, Section 3.5, or any conditions places on the operation by the Township, the applicant will be required to submit a revised application for special use approval to the Planning Commission.

8.1.3 APPROVAL PROCEDURE FOR CLASS II HOME OCCUPATIONS

A. Class II home occupations can only be approved by the Planning Commission after a public

hearing and pursuant to the requirements of Section 3.5. B. A site plan for a home occupation does not need to be a formal site plan complying with the

requirements of Articles 4.00. The applicant shall submit a plot plan and letter describing the proposed use, the portion of the dwelling or other building devoted to the home occupation use,



lot identification (address and property number), size of lot, dimensions of lot lines, existing improvements, location of structures on adjacent lots within one hundred (100) feet, abutting streets, driveways, and parking areas.

C. Prior to granting approval, the Planning Commission must determine that a proposed Class II home occupation is compatible with existing land uses in the area, would not be detrimental to the safety or convenience of vehicular or pedestrian traffic, and complies with the general conditions of Section 3.5.

D. A home occupation approval shall be limited to the applicant and members of his or her

immediate family residing in the dwelling unit. Home occupation approval shall not be transferable with safe, rental, or lease of the dwelling unit.

Section 8.2 Signs The construction and alteration of outdoor signs shall be regulated so that such signs by reason of their size, location, or manner of display will not endanger public health and safety, mislead traffic, obstruct vision, or disrupt the rural atmosphere of the Township. 8.2.1 Definitions. The following definitions shall apply to specific types and surface areas of signs: A. Billboard: Any sign, whether freestanding or attached to another structure, that is not located on

the premises of the business or organization for which advertising or information is displayed, whether it is illuminated or not.

B. Building Frontage: The length of the building as measured on the side facing the front of the

property. In case of a corner lot, this shall mean the side facing the street that contains the main access point of the building.

C. Canopy Sign: A non-rigid fabric marquee or awning-type structure which is attached to the

building by supporting framework, which includes a business indentification message, symbol, and/or logo; see wall sign.

D. Construction Sign:A sign identifying the name(s) of project owners, contractors, developers,

architects, designers, engineers, landscape architects and financiers of a project being constructed or improved; and not including advertising of any product or announcement of space availability.

E. Decorative display: A temporary display designated for the entertainment or cultural

enrichment of the public and having no direct or indirect sales or advertising content. F. Directional Sign: a sign which assists motorists in determining or confirming a correct route;

specifically enter, exit and parking signs. Business identification or logo on such a sign is



considered and calculated as part of the allowable square footage for a pylon or ground sign. G. Freestanding Ground Sign: A sign permanently anchored in the ground, having one, and not

more than two faces or surfaces upon which announcements, declarations, displays, etc., may be placed. In the case of a two-face or surface sign, the faces or surfaces shall be constructed back-to-back.

H. Monument Sign: a free-standing ground sign that is mounted on a base. I. Political Sign: a temporary sign used in connection with local, state or national elections.

J. Pole Sign: a free-standing ground sign that is mounted on one or more poles, posts, or brackets.

K. Preferred Materials: Include wrought iron, stone, brick, and other natural materials. L. Projecting Sign: a sign, other than a wall sign, that is affixed to any building or wall and whose

leading edge extends more than twelve (12) inches beyond such building or wall. M. Real Estate Sign: an on-premise temporary sign advertising the property or structures

availability for sale or lease. N. Sign: Is any exterior announcement, declaration, display, illustration and insignia when

designed and placed so as to attract general public attention and shall include the use of any words, numerals, figures, devices, designs or trademarks by which anything is made known and visible to the general public such as are used to show an individual firm, profession, or business and also any banner, bulbs or other lighting devices, streamer, pennant, balloon, propeller, flag (other than the official flag of any nation or state) and any similar device of any type or kind whether bearing lettering or not.

O. Structural Trim: The molding battens, cappings, nailing strips, latticing, and platforms which

are attached to the sign structure. P. Surface: That part of the sign upon, against, or through which the message is displayed or

illustrated. Q. Temporary Community Event Sign: A sign, banner, or other advertising device promoting

civic welfare, charitable purposes or community events constructed of cloth, canvas, fabric, plastic, or other light temporary material, with or without a structural frame, or any other sign, intended for a limited period of display, which is not

permanently anchored in the ground. R. Temporary Commercial Sign: A sign, banner, or other advertising device promoting a sale or

limited-time commercial event constructed of cloth, canvas, fabric, plastic, or other light temporary material, with or without a structural frame, or any other sign, intended for a limited



period of display, which is not permanently anchored in the ground. S. Total Surface Area of the Sign: The sum total of all exterior surfaces of the sign (including

structural trim), computed in square feet. In the case of a broken sign (a sign with open spaces between the letters, figures, numbers, or symbols) the total surface area shall be measured by multiplying the height of the individual letters or combination of letters by the distance between the outer edges of the two (2) furthermost letters.

T. Wall Sign: A sign which is attached directly to a building wall with the horizontal sign surface

parallel to the building wall, including signs painted on any building wall. U. Window Sign: Any sign which is applied, affixed, or attached to the interior or exterior of any

building window. 8.2.2 General Conditions. A. No signs shall be constructed, altered, or relocated except in conformity with this Ordinance. B. Signs may be located within required front yards but not required side yards and may not

obstruct the views of motorists. No signs except those established by a governmental unit shall be located in or overhang a public right-of-way unless otherwise specified herein.

C. Flashing, animated, or moving signs shall not be permitted. This provision is not intended to

exclude those signs which give time and temperature, provided that no other animated messages are displayed.

D. All signs shall pertain to the sale, rental or use of the premises on which located, or to goods sold

or activities conducted thereon E. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from

any door, window or fire escape or prevent ventilation. F. Signs shall be in harmony and consistent with the architecture of the building and relate to the

features of the building in terms of location, scale, color, lettering, materials, texture, and depth. Signs shall not be dominant, but shall be proportionate and shall compliment the building, existing signs, and surroundings.

8.2.3 Signs Permitted in All Zoning Districts. A. Construction Signs. Signs advertising building(s) under construction may be erected for the

period of construction and shall not exceed a total face area of thirty-two (32) square feet. Such signs shall be erected on the building or lot where such construction is being carried on and shall be removed upon completion of construction as determined by the Township zoning administrator.



B. Directional Signs. Directional signs which indicate the direction of traffic flow, but contain no advertising, may be erected on parking lot, said signs shall be no more than two (2) square feet on a side, and may be illuminated.

C. Political Signs. Temporary signs for political campaigns shall be permitted in any district provided they are placed no sooner than thirty (30) days before the election and removed within seven (7) days following the election.

D. Real Estate Signs. Signs used for advertising land or buildings for rent, lease, or sale shall be

permitted in any district provided such signs are located on the property intended to be rented, leased, or sold. Signs advertising the rent, lease or sale of homes which are located within a residential subdivision or condominium may be permitted at the entrance to the subdivision or condominium, but may not be located within the road right-of-way. Such signs referring to residential uses shall not exceed an area of six (6) square feet. Such signs referring to non-residential uses shall not exceed twenty (20) square feet.

F. Temporary Community Event Signs. Temporary community event signs shall not exceed eight (8) square feet in area. Temporary signs shall be displayed or erected for a period not to exceed thirty (30) days within a ninety (90) day period. Signs located within a road right-of-way must comply with State, County and/or other controlling jurisdiction’s standards.

8.2.4 Signs Permitted in Residential Districts. A. Development Identification Sign. One (1) freestanding or wall-mounted sign per entrance

which identifies the name of a subdivision, condominium project, multiple-family complex or mobile home park not to exceed thirty-two (32) square feet in area. A freestanding sign shall not to exceed an overall height of six (6) feet above the ground level. A wall-mounted sign shall not project outward from the wall more than one (1) foot or above the top of the wall. Such signs are intended to be of a non-commercial, permanent nature. Signs located on a boulevard entrance within a road right-of-way shall be designed to insure the creation of a clear vision zone allowing exiting vehicles to have adequate sight lines for oncoming traffic.

B. Home Occupation Signs. One (1) freestanding or wall-mounted non-illuminated sign not to

exceed six (6) square feet and identifying the name of the occupant of the residence or the Home Occupation. Freestanding signs shall not exceed four (4) feet in height. Wall mounted signs shall not project outward from the wall more than one (1) foot or above the cornice or roof line. Class II home occupations may have illumination which meets Township zoning ordinance standards and receives site plan approval.

C. New Development Sale Signs. One (1) freestanding sign advertising the rental, lease, or sale of

dwelling units or lots for a new residential development is permitted only on the site within which the units for sale are located. Such signs are permitted for a period not to exceed two (2) years. Thereafter, extension may be permitted on an annual basis. Freestanding signs shall not exceed twenty (20) square feet in area and ten (10) feet in height.



D. Public/Semi-Public Identification Signs. Private schools and buildings housing governmental

functions and utilities of the township, county or state or any subdivision thereof, are permitted to erect a sign not to exceed thirty-two (32) square feet in are and a maximum overall height of six (6) feet. Churches are permitted to erect a sign not to exceed thirty-two (32) square feet.

E. Residential Management Signs. One (1) freestanding or wall-mounted sign identifying rental

or management officials associated with residential developments is permitted. Freestanding signs shall not exceed twenty (20) square feet in area and ten (10) feet in height. Wall-mounted signs shall not exceed twenty (20) square feet and shall not project outward from the wall more than one (1) foot or above the cornice or roof line.

8.2.5 Signs Permitted in Industrial Neighborhood Service, and Community Service Districts. A. Individual Development Identification Sign

1. For an individual commercial, industrial, church, school or hospital use as located on a lot or group of lots developed as one lot, one (1) freestanding and one (1) wall-mounted sign.

2. The total area of wall signs for each business shall not exceed one (1) square foot for

every two (2) lineal feet of building frontage, or one-hundred (100) square feet, whichever is less.

3. Substantial use of one or more of the preferred materials, as defined in this Ordinance,

the maximum total area of signs for each business can be increased by five (5) percent of the frontage, or twenty (20) square feet, whichever is less.

4. Sign designs that incorporate unique characteristics related to the business and/or that

enhance the architecture or historical significance of the building, the maximum total area of signs for each business can be increased by five (5) percent of the frontage, or twenty (20) square feet, whichever is less.

B. Multi-Tenant Identification Signs

1. For developments with multiple uses or tenants, such as a shopping center or office complex located on a lot or group of lots developed as one lot, one (1) monument sign to advertise the name of the shopping center or premises, and one (1) wall-mounted sign per each individual use.

2. Any such development shall be permitted a total of up to one (1) monument sign, to

advertise the name of the shopping center or premises. 3. Where total parcel frontage is five-hundred (500) feet or greater, two (2) ground signs

may be permitted, provided that the ground signs must be separated by a minimum of five-hundred (500) feet.


Article 8.00 - Draft May 13, 2009 8 Supplementary Provisions - Signs

4. For the purposes of enforcing these provisions, parcel frontage shall be along the front

lot line as designated on the plat, site plan review application, or request for a building permit.

5. In addition, in multi-tenant developments such as shopping centers, individual tenants or

uses shall be permitted to have one (1) wall sign not to exceed one (1) square feet per two (2) lineal foot of building frontage.

C. Industrial/Research/Office Park Identification Signs

1. For an industrial, research, or office park, one (1) monument sign per park and one (1) freestanding or wall-mounted sign, per section 8.2.5 A, for each individual use to be located on the lot of that individual use.

D. Temporary Commercial Signs

1. Temporary commercial signs may be permitted only in Industrial and Commercial Districts. Temporary commercial signs located off-site are not permitted. The Zoning Administrator may permit one (1) temporary sign to be erected for a period not to exceed ninety (90) days in the case of a new business or a change in ownership. For established businesses, the Zoning Administrator may permit one (1) temporary sign to be erected per calendar year for a period not to exceed thirty (30) consecutive days. Said signs shall not exceed a surface area of thirty-two (32) square feet for a single face and sixty-four (64) square feet for a double face sign and shall not exceed the sign height requirements of the District in which the temporary sign is located. Said signs shall only be located on the site for which the event is located and shall not be located within any road right-of-way. Failure to remove the temporary sign within the specified time period shall be considered a violation of this Ordinance.

8.2.6 Signs permitted in the Village Center and Village Residential Districts A. Projecting Signs: Projecting signs may be permitted for uses in the Village Center and Village Residential Districts. Projecting signs may not exceed four (4) square feet in area

and may not project more than two feet from the face of the building. A minimum clearance of eight (8) feet must be maintained when a projecting sign extends over a sidewalk.

Ground signs may be permitted upon review by the Planning Commission. 8.2.7 Specific Sign Standards A. Canopy signs: may be used as an alterative to wall signs and may project a maximum of six (6)

feet from the edge of the building, measured horizontally parallel to the ground. Any sign area on the canopy shall be included in calculations of maximum wall sign square footage.

B. Directional Signs: no more than one (1) directional sign shall be permitted per approved driveway, with a maximum sign area of two (2) square feet per sign, and a maximum height of



three (3) feet.

C. Monument Signs: are encouraged as an alternative to pole signs, with a minimum setback of ten (10) feet from the right-of-way, when located to ensure adequate sight distance for motorists. No ground sign serving a single tenant or multi-tenant building having a common entrance shall exceed a maximum height of six (6) feet, including a two (2) foot base as measured from the elevation at a point along the nearest right-of-way line the sign is directed to, determined by a line drawn from the closest point of the sign to the right-of-way at a ninety (90) degree angle. In no instance shall the sign be placed on an artificial mound or berm in such a manner to exceed the maximum height of six (6) feet.

D. Temporary Grand Opening Signs: One temporary grand opening signs may be permitted on the site for a period not to exceed fourteen (14) days for those businesses which are new to a particular location. A business shall only be allowed to use a temporary grand opening sign once during its stay at the same location or have new owners; this does not apply to new operators or management. The sign shall be no larger than thirty-five (35) square feet in surface display area per side and shall not exceed ten (10) feet in height. Wind-blown devices, such as pennants, spinners, and streamers shall also be allowed on the site of the business advertising a grand opening for the fourteen day time period designated for the grand opening sign.

E. Wall Signs: signs shall not project beyond or overhang the wall or any permanent architectural

feature by more than one (1) foot and shall not project above the roof or parapet by more than one (1) foot from the structure surface to which it is attached.

F. Window Signs: The total of all window signs, temporary and permanent, shall not exceed one-

third (1/3) of the total window area. The area of permanent window signs shall also be counted in determining compliance with standards for total area of wall signs.

G. The Planning Commission may modify the specific standards of the section. Provided the result

is consistent with the intent of this ordinance and furthers a public purpose. 8.2.8 Billboards A. This section is adopted for the following general purposes:

1. To promote traffic safety in Hamburg Township; 2. To protect public and private investment and property values in buildings, land

development, and open land in Hamburg Township; 3. To prevent obstruction of light and sunshine; 4. Promote and preserve the natural features and rural character of Hamburg Township,

and,



5. Limit the adverse impact that would be caused by a proliferation of billboards and off-premises advertising signs and resulting visual pollution contrary to the master plan, M-36 Corridor Plan, and Village Center Plan adopted by the Township and protect the public health, safety, and general welfare.

B. Based on the Planning Commission’s recommendation made after it conducted a public hearing

on the regulations set forth in this section and after it received reports from the Township’s consultants concerning the proposed ordinance, the Township determined that: 1. Billboards or off-premises advertising signs are not appropriate in the various areas

zoned CE, RAA, RA, RB, RC, WFR, NR, MHP, PPRF, OH, VC, VR, for residential purposed in that the advertising activity is commercial in nature. Such activity would be harmful to property values, aesthetics and the quality of life in residential areas;

2. Billboards or off-premises advertising signs are not appropriate in the various areas

zoned CS because development in this area has the potential to be intense which is inconsistent with the additional visual clutter and distraction caused by billboards or off-premises advertising signs;


zoned NS because this district involves small commercial activity adjacent to residential areas. Such visual clutter, distraction caused by the intense commercial nature of billboards would be harmful to property values, aesthetics and the quality of life in residential areas;


zoned OH, VC or VR given the planned character of these areas with little or no setbacks, significant pedestrian and vehicular traffic, and given the style of development that is not compatible with the use of billboards;

5. The limited presence of billboards or off-premises advertising signs is compatible only in

those portions of the LI and GI Zone Districts along M-36, subject to spacing and other limitations to promote traffic safety. Other areas of these zone districts are not compatible with the presence of billboards or off-premises advertising signs. Areas of these districts involve heavy commercial or industrial traffic with unlimited access to the road. Much of the LI and GI districts involves campus style development with an appearance incompatible with billboards or off-premises advertising signs.

6. There are currently 4 billboard or off-premises advertising sign structures with 8 sign

faces in Hamburg Township and there are approximately 20 billboard sign faces on structure in the area surrounding Hamburg Township.

7. Billboards are incompatible with the views of natural features and rural countryside that


Article 8.00 - Draft May 13, 2009 11 Supplementary Provisions - Signs

the Township has preserved through the use of open space and other planning policies contained in the Township Master Plan, M-36 Corridor Plan, and Village Center Plan.

8. Billboards represent competition for the visual attention of drivers and thus, must be

limited due to the traffic levels and patterns in the various areas of Hamburg;

9. The limitations on the number, size, height, setback, and spacing of billboards in the proposed ordinance are necessary based on the volume and nature of traffic patterns in areas where billboards are allowed, to limit the proliferation of billboards or off-premises signs and to promote the purposes set forth herein;

10. The regulation of billboards or off-premises advertising signs are necessary to limit the

visual impact of outdoor advertising signs on the Township; to improve the appearance of the Township; to enhance the visual quality of new and older business areas; to enhance and insure the compatibility between outdoor advertising signs and adjacent land uses; to limit the impact of billboards or off-premises advertising signs in terms of the visual sign clutter and confusion in the community; to ensure appropriate proportional scale with adjacent land uses and adjacent on-premises signage; and,

11. Extensive construction of billboards is contrary to the master plan of the township, the

M-36 Corridor Plan, and the Village Center Plan and represents a form of visual or aesthetic pollution;

C. Billboard or off-premises advertising signs shall be allowed as a permitted use only in the

following zone districts:

1. Those portions of the LI - Limited Industrial and GI - General Industrial Districts within 300 feet of the M-36 right-of-way.

2. Billboard or off-premises advertising signs shall not be permitted in any zone district

except as defined in sub-section (3) of this Section. 3. No billboard shall have a total area of all faces in excess of one-hundred twenty (120)

square feet or sixty (60) square feet per sign face. 4. No billboard shall have a maximum height greater than ten (10) feet in height. 5. No billboard shall be closer than two thousand (2,000) feet to any other billboard on

either side of the right-of-way. For the purposes of this Section, the linear feet between billboards shall be measured along the center line of the highway or street right of way form points on the center line which are directly opposite the center of the bases of those structures being measured and shall apply to both side of the street or highway.

6. The area of any billboard shall be included in the calculations for the total amount of

signage permitted on any site. 7. For the purposes of determining the number of freestanding signs on a parcel under this

Article, a billboard or off-premises advertising sign shall be considered a freestanding sign. Other than for purposes of determining the number of freestanding signs on a parcel, billboard or off-premises advertising signs shall not be considered freestanding



signs. 8. No billboard or off-premises advertising sign shall be allowed closer than 500 feet to the

intersection of M-36 and another public or private street, nor closer than 500 feet to the intersection of M-36 and property used for railroad purposes. The distance from a billboard to an intersection shall be measured from the center of the bases of those structures being measured to the center line of the intersection.

9. No billboard shall be constructed within two thousand (2,000) feet of any, CE, RAA, RA, RB, RC, WFR, NR, MHP, PPRF, OH, VC, VR district, residential use, church, school, or park. For the purpose of determining the distance for setbacks, the distance shall be measured at ground level directly below the farthest protruding portion of the billboard or off-premises advertising sign to the closest point on the subject property line.

10. Each billboard or off-premises sign shall be set back at least 100 feet from the front yard

property line and 50 feet from each side or rear yard property line. 11. No billboard or off-premises advertising sign shall have sign faces which change its

copy, display, or message by the use of motorized copy, digital imaging, or other enhancement.

12. No portion of the sign display shall project more than 18" in front of a sign face. 13. Any extension of the sign face above, below, or to the side of a sign face shall be

counted in the area of the sign face and height of the billboard or off-premises advertising sign.

14. Lighting for any billboard or off-premises advertising sign shall comply with the lighting

standards of the Township, including; all lighting must be downward directed toward the sign face and shall be shielded to prevent glare on adjacent property or roadways.

15. Billboards or off-premises advertising signs shall be subject to site plan review and

approval according to the provisions of Article 4.0. 8.2.9 Permits, Applications, Plans, Specifications, Revocation, Appeal. A. No sign shall be erected, repaired or altered on the same or another premises or maintained

within the Township without first obtaining a permit from the zoning administrator. Said erection, repair, alteration or relocation shall be completed within one (1) year from the date of permit issuance. (As Amended 5/14/85) Political signs do not require obtaining a permit from the zoning administrator.

B. When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign shall be

unlawfully installed, erected or maintained in violation of any of the provisions of this Ordinance, the owners thereof or the person or firm maintaining same, shall upon written notice of the Zoning Administrator forthwith in the case of immediate danger and in any case within



not more than ten (10) days, make such sign conform to the provisions of this Ordinance or shall remove it. If within ten (10) days the order is not complied with, the Zoning Administrator may remove such sign at the expense of the owner or lessee thereof. )

C. This section shall not be construed to prevent repair or restoration to a safe condition of any part

of an existing sign when said sign is less than fifty percent (50%) destroyed or damaged and when said destruction or damage occurs by storm or other accidental emergency.

8.2.10 Schedule of Sign Regulations Except as otherwise provided herein, signs shall be permitted in zoning districts according to this Schedule of Sign Regulations.

Zoning District

Sign Type NS, CS, LI, GI, MD VC/VR Canopy X X Directional X X Ground X Upon Review Projecting X X Temporary X X Wall X X Window X X


Article 8.00 14 Supplementary Provisions Printed on: 5/13/09

8.2.11 Illustrations



Section 8.3. Accessory Buildings and Structures Accessory buildings and structures, except as otherwise provided for in this Ordinance, shall be subject to the following provisions: 8.3.1. Authorized accessory buildings may be erected as part of the principal building; may be connected to the principal building by a roofed porch, patio, breezeway, or similar structure; or may be completely detached from the principal building. 8.3.2. All accessory buildings shall meet front and side yard requirements, except where such accessory buildings are detached and located completely to the rear of the principal building, in which case an accessory building may be located no nearer than five (5) feet to any side lot line. In any District where lots abut water bodies and the yard is adjacent to the water may be considered the front yard, an accessory building may be located no nearer than fifteen (15) feet from the lot line which abuts the street and no less than ten (10) feet from one side lot line and no nearer than five (5) feet from the opposite side lot line to provide access for emergency vehicles to the principal structures. 8.3.3. No accessory building shall be located nearer than five (5) feet to any rear lot line or occupy more than thirty (30) percent of any rear yard area. 8.3.4. An accessory building which is detached from the principal building shall not be located nearer than ten (10) feet to any separate building or structure on the lot. 8.3.5. On a corner lot in any Residential District, no accessory building shall be located nearer to the side street lot line than the side yard setback of the principal building on said lot. In all cases, the garage entrance shall be located to allow adequate sight distance and off-street parking. When the rear lot line forms a part or all of a side lot line of an adjacent lot, a garage shall be no nearer than five (5) feet to the rear lot line. 8.3.6. In Residential Districts, private swimming pools are permitted as an accessory use, provided that: A. They are accessory to an existing dwelling; B. The pool, including all connections and appurtenances, is located either:

1. Entirely within a rear yard, maintains a minimum setback of five (5) feet from the rear and side property lines and pump and filter installations are located a minimum of ten (10) feet from the adjoining property lines; or

2. Entirely within a side yard or partially within a side yard and rear yard and

maintains a minimum setback from any property line equal to or greater than the required minimum rear yard setback as stated in Section 7.6.1., including footnotes, for the zoning district in which it is located;



C. A masonry wall or approved fence between four (4) and eight (8) feet in height shall enclose the pool. All openings in the wall or fence shall be equipped with self-closing, self-latching gates or doors.

8.3.7. In Residential Districts abutting a water body, docks and boat storage buildings for the use of the individual residential property owners are permitted as an accessory use to a residential use. Such docks and boat storage buildings may be located in the water but not nearer than five (5) feet from any side lot line. Any gazebo exceeding a floor area of one hundred forty four (144) square feet, a width in any direction of thirty (30) feet or a height of twelve (12) feet shall meet all setback requirements for principal structures. All structures located within the Natural River District shall also comply with the requirements of Section 7.5.1 (F), Natural River District. 8.3.8. Detached accessory buildings located within Residential Districts which have an 8/12 or less pitched roof (8 foot or less vertical rise for each 12 foot horizontal run) shall not exceed 14 feet in height, as defined. Detached accessory buildings located within Residential Districts which have a greater than an 8/12 pitched roof (more than 8 foot vertical rise for each 12 foot horizontal run) shall not exceed 17 feet in height, as defined.This provision shall not apply to parcels of land containing five acres or more 8.3.9. No accessory building or structure shall be permitted prior to the construction of the main building or structure.

8.3.10. Accessory Buildings, Structures and Uses in Waterfront Districts.In the Waterfront Residential District (WFR) and the Natural River Residential District (NR), accessory garage structure(s) may be placed on a separate lot of record than the principal structure if the following provisions are met and a permit has been issued by the Zoning Administrator: A. The lot upon which the principal building is located must be a waterfront or riparian lot. B. The garage can only be constructed on a non-waterfront lot. C. The accessory structure(s) can be used only for a garage or storage facility. Garages or

storage facilities may not exceed a combined total of 800 square feet of ground floor area. One shed may be permitted in addition to the 800 square feet of accessory buildings.

D. There shall be common ownership between the principal building or residence and lot

being used for the garage. E. The lot upon which the principal building is located must not be more than 66 feet from

the lot being used for the garage. F. The accessory structure(s) shall maintain all required front, side, rear yard setbacks and

lot coverage regulations associated with a principal structure as specified in Section 7.6.1. Height shall conform with Section 8.3.8.

Section 8.4. Essential Services



Essential services shall be permitted as authorized and regulated by law and other ordinances of the Township. The construction of buildings associated with essential services shall be subject to the provisions of Article 4.00, Site Plan Review, with the exception that the Planning Commission shall only provide a written recommendation to the Township Board which shall approve, approve with conditions, or deny the site plan application for all essential services after receipt of such recommendation. Approvals, permits, and agreements required by other Township Ordinances must be obtained prior to application for site plan review. Approvals granted under other ordinances in no way constitute site plan approval. Otherwise, the con-struction, maintenance and alteration of essential services shall be exempt from the provisions of this Ordinance. Section 8.5. Single-Family Dwellings, Mobile Homes, Prefabricated Housing No single-family dwelling (site built), mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless said dwelling unit conforms to the following standards: 8.5.1. Square Footage. Each such dwelling unit shall comply with the minimum square footage requirements of this Ordinance for the zone in which it is located. 8.5.2. Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of twenty (20) feet and shall comply in all respects with the Michigan State Construction Code Commission, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then and in that event such federal or state standard or regulation shall apply. 8.5.3. Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the Michigan State Construction Code Commission and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code. All dwellings shall be securely anchored to the foundation in order to prevent displacement during windstorms. 8.5.4. Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis. 8.5.5. Sewage Disposal or Water Supply. Each such dwelling unit shall be connected to a public sewer and water supply or to such private facilities approved by the local health department. 8.5.6. Storage Area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10 percent of the square footage of the dwelling or 100 sq ft, whichever shall be less.



8.5.7. Architecture. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity. All homes shall have a roof overhang of not less than six inches on all sides. The dwellings shall not have less than two (2) exterior doors with the second one being in either the rear or side of the dwellings. Steps shall also be required for exterior door areas or to porches connected to said door areas where a difference in elevation requires the same. 8.5.8. Compatibility Determination. The compatibility of design and appearance shall be determined in the first instance by the Township Zoning Administrator. Any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within two thousand (2,000) ft. of the subject dwelling where such area is developed with dwellings to the extent of not less than 20 percent of the lots situated within said area; or, where said area is not so developed, by the character, design, and appearance of one or more residential dwellings located outside of mobile home parks throughout the Township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home. 8.5.9. Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar quality, materials and workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

8.5.10.Code Compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. 8.5.11.Building Permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Michigan State Construction Code provisions and requirements. 8.5.12.Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Ordinance and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the Township unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this Ordinance. Section 8.6 Public or Private Elementary, Junior, or Senior High Schools, and Institutions of Higher Education Schools and educational institutions shall be subject to the minimum requirements of the District in which they are located and the following additional standards.



8.6.1. Minimum lot size shall be five (5) acres. 8.6.2. No building shall be located nearer than one hundred (100) feet from any property line. 8.6.3. Such use shall be located with frontage on a hard surface public street having a right-of-way of at least sixty-six (66) feet. Section 8.7. Group Day Care Homes, Child Care Centers, and Day Care Centers Group day care homes, child care centers, and day care centers shall be subject to the minimum requirements of the District in which they are located, State licensing requirements, and the following additional standards. 8.7.1. The number of children permitted for child care centers and day care centers shall not exceed one child per five hundred (500) square feet of usable lot area. The number of children permitted for group day care homes shall be subject to the provisions of State licensing requirements. 8.7.2. A fenced play area of one hundred (100) square feet per child shall be provided.

8.7.3. The site shall be designed to minimize nuisance to adjoining property and protect the safety of children using the facility. Section 8.8. Division of Lots in Recorded Plats and Division of Unplatted Parcels 8.8.1. No divisioning or partitioning of any parcel in a recorded plat is permitted unless specifically approved by the Township Board in accordance with Section 560.263 of Act 288, P.A. of 1967, as amended, and the provisions of this Ordinance. A. The owner seeking approval to divide a lot shall file an application accompanied by a

filing fee as determined by the Township Board. Said application shall set forth the reasons for the proposed division and shall be accompanied by a plat plan prepared in accordance with the provisions of Section 3.3.2.

B. Where the application states that the purpose is to add to adjoining existing building sites

and not to create separate building sites, the Township board may approve the application. When a separate building site is created by division of a recorded lot in a plat, no approval of the application by the Township Board shall be given until assurance is provided that t septic system and well can be installed in accordance with the standards of the Livingston County Health Department.

C. No lot in a recorded plat shall be divided into more than four (4) parts. D. No application shall be approved unless the minimum requirements of the Zoning

Ordinance are met. 8.8.2. Land Divisions and Combinations



A. Statement of Purpose. TThis Section is intended to establish an orderly procedure and

standards of review for divisions of land within the Township in a manner consistent with the Master Plan, the purpose of this Zoning Ordinance, the protection of property values, to insure adequate vehicular access to lots and as a means to promote compliance with the Hamburg Township Subdivision Control Ordinance.

B. Applicability. This Section regulates divisions of land or lease of more than one (1)

year, or for building site development, for any parcel of unplatted land proposed to be divided into not more than four (4) parcels each containing ten (10) acres or less, or into additional parcels each containing more than ten (10) acres. A combination of unplatted lots shall be in accordance with the same standards and procedures.

C. Procedures

1. The applicant shall submit an application requesting to divide property including the information listed in Section 8.8.2(D) below. As a part of the application the applicant shall provide verification from the Township Assessor that lot splits are available on the subject lot. The applicant shall also provide verification from the Township Treasurer and any other taxing agencies that all taxes have been paid on the lot or lots in question.

2. The Zoning Administrator shall review the request in consideration of the

standards of this section, standards of the zoning district of the subject site and other applicable ordinances.

3. The Zoning Administrator shall not take action if any dimensional variances

relating to the land are needed until a decision has been made by the Board of Appeals.

4. The Zoning Administrator shall request review and comments from the

Supervisor and Assessor. The Zoning Administrator may request review and comment from public safety agencies, the fire department, the Township Engineer and Township Planner.

5. The request for land division shall be placed on the agenda of the next scheduled

non-work session meeting. The Planning Commission shall be provided with copies of any review comments.

6. The Planning Commission shall either approve, approve with conditions or deny

the request land divisions. If denied, the reasons for denial shall be stated in the motion.

7. If the land division is approved by the Township Planning Commission, the

applicant shall provide the Zoning Administrator with documentation of the recording of the land division by the Livingston County Register of Deeds. The Zoning Administrator shall forward this information to the Township Assessor. The applicant shall include with the documentation from the Livingston County



Register of Deeds, a certified copy of the survey in compliance with P.A. 132 of 19780 Certified Surveys.

D. Submittal Requirements. Ten (10) copies of a plan shall be submitted to the Zoning

Administrator at least fourteen (14) days prior to the Planning Commission at which the request is to be considered. The submittal shall include all of the following:

1. The name and signatures of all owners of any legal or equitable interest in the

property(ies), and their signatures.

2. A copy of the most recent tax bill pertaining to the land and verification from the Township Treasurer and any other taxing agencies that all taxes have been paid.

3. A signed statement by the Township Assessor that a lot split(s) are available on

the subject lot.

Note: A land division will not be processed without the required information request in 8.8.2(D)(2) and 8.8.2(D)(3) above.

4. A statement indicating any restrictions and/or covenants which apply to or run

with the land having bearing upon the proposed division.

5. If access is along a public road, the applicant shall provide documentation stating the proposed lot(s) has adequate sight distance from the Livingston County Road Commission.

6. Where easements are needed, written documentation of their availability shall be

provided. 7. A survey and plan of the lot to be divided, accurately drawn at a scale of not

smaller than one inch equals one hundred feet (1" = 100'), prepared by a Registered Land Surveyor or Civil Engineer licensed to practice in the State of Michigan. The plan shall show:

a. All existing buildings and structures on the site and located on abutting

property within fifty (50) feet of the lot to be divided; b. Driveways on the lot to be divided and within two hundred fifty (250) feet

of any lot frontage (on both sides of the roadway); c. Boundaries of any water body or wetland over two (2) acres in size; d. All proposed divisions, with complete dimensions and area of each

proposed resultant parcel; e. Proposed easements locations, with dimensions;



f. Proposed limits within which principal structure and accessory building shall be confined on such parcel, with dimensions

E. Standards for Review. In reviewing a requested land division regulated by this section,

the following shall be considered:

1. The land division will not create or increase nonconforming situations, unless a variance has been granted by the Board of Appeals.

2. Net area: Each parcel resulting from the proposed division shall have, exclusive

of any area occupied by an access easement, a net area not less than that required for a lot in the zoning district.

3. Building envelope: Within each parcel shown on such site plan, there shall be delineated and fully dimensioned, an area within which the principal structure shall be confined (i.e. illustrate the building setback lines to illustrate the total area where the building could be placed). The building envelope shall not infringe on any lake, stream, drain, regulated wetland, wetland setback or easements; shall demonstrate compatibility with existing development in the vicinity; and shall be of sufficient size to meet minimum dimensional requirements of the zoning district.

4. Easements: Any lot or parcel created shall include adequate provision or easements for current or future public utilities and franchised utilities.

5. Access: No lot or parcel shall be created unless accessibility is provided either by

a public street or private road within a permanent easement. All public roads shall meet the standards of the Livingston County Road Commission. All private roads shall be designed and constructed according to the Hamburg Township Private Road Ordinance. The number, spacing, location and design of driveways meets the standards contained in Section 10.8.

Section 8.9. Temporary Structures 8.9.1. No structure shall be used for dwelling purposes that does not comply with the requirements of this Ordinance or applicable building codes, except as provided in this section. Section 8.9.2. Temporary Buildings and Uses. A. Permitted Temporary Buildings and Uses. The following buildings and uses are

permitted subject to meeting all of the following requirements of this section:

1. Temporary Dwellings. No temporary dwelling shall be erected or moved onto a lot and used for dwelling purposes except during construction of a permanent dwelling on the premises which has been issued a building permit. The reasonable date for removal of the temporary dwelling, established on the permit issued by the Zoning Administrator, shall not to



exceed one (1) year from the date of occupancy of the permanent structure. The temporary dwelling shall be connected to private water supply and sewage disposal systems approved by the County Health Department or to public water supply and sewage disposal systems. No temporary dwelling shall be erected in any lot which is a part of a platted subdivision.

2. Temporary Construction Structures. Temporary building and/or

structure used for storage of equipment and construction offices may be used only during construction of a permanent structure which has been issued a building permit. The temporary building and/or structure shall be removed from the site prior to issuance of a certificate of occupancy.

3. Special Events and Other Temporary Uses. The Township Zoning

Administrator may grant temporary use of land and structures for special events and other temporary uses. The following conditions apply to specific temporary uses:

a. Carnival, Circus and Musical Concert or Other Transient Entertainment or

Recreational Enterprise (1) Maximum duration: 10 days. (2) Operator or sponsor: Non-profit entity (3) Location: Shall not be located in or adjacent to any developed

residential area except on church, school or park property. b. Sidewalk or Tent Sale or Other Similar Outdoor Sale

(1) Maximum duration: 7 days. (2) Location: In commercial districts only. (3) Sidewalk Coverage: Shall not cover more than 50 percent of the

width of the sidewalk. (4) Parking Lot Coverage: Sufficient number of parking spaces shall

remain to meet the existing zoning requirements for that district. c. Christmas Tree Sales

(1) Maximum duration: 45 days. (2) Location: Shall not be located in or adjacent to any developed

residential area. (3) Clean-up: Stumps, branches, and other debris shall be completely

removed from site. d. Sporting or Outdoor Recreational Event and any overnight camping

associated with these events. (1) Maximum duration: 10 days.

e. Search light or other apparatus used for the projection of a high intensity light beam.



C. Temporary Building or Use Permit. A temporary building or use shall require issuance of a land use permit from the Zoning Administrator under Section 3.3 of the Zoning Ordinance. The Township Zoning Administrator may also require the applicant to submit a minor site plan under Section 4.8 of the Zoning Ordinance. Applications shall be accompanied by payment of a fee in accordance with the duly adopted schedule of fees, to cover costs of processing the application.

The Township Zoning Administrator shall make a determination that the location of any temporary buildings or uses will not adversely affect adjoining properties, nor adversely affect public health, safety, and the general welfare of the Township. The permit shall establish a reasonable date for removal of the temporary structure and/or use, and shall set forth other conditions of permission as deemed necessary by the Zoning Administrator. Any temporary buildings shall be placed so as to conform to all yard requirements of the zoning district in which it is located.

D. Conditions. In order to protect the adjacent property owners and citizens of the

Township, the Township shall impose conditions and restrictions on all temporary buildings and uses to insure the following:

1. Adequate off-street parking shall be provided. 2. The applicant shall specify the exact duration of the temporary use. 3. Electrical and utility connections shall be approved by the Building Official. 4. Adequate site and surrounding area clean up shall be done following event.

5. A minimum of one toilet shall be provided for each 50 persons estimated to attend.

6. Closure of commercial or similar activity shall be from midnight to 9:00 a.m.

7. One security person shall be provided for each 50 persons estimated to attend. 8. There will be no gambling or use of alcohol or controlled substances contrary to

law.

9. There will be no generation of bright lights, loud noises, or strong odors at a level or intensity sufficient to create a nuisance to adjacent properties.

E. Performance Guarantee. The Township may require a deposit by the applicant

with the Township Clerk in the form of a certified check, cash, or a surety bond in an amount sufficient to hold the Township free of all liabilities incident to the operation of a temporary building or use, to indemnify any adjoining land owner for any damages resulting from the operation of such activity and to ensure proper and complete clean-up after temporary use and removal of all temporary buildings. The amount of such bond, cash, or check shall be estimated by the Zoning Administrator. The Township shall rebate to the applicant upon satisfactorily removal of all



temporary buildings and uses. Such rebate shall be based upon the report and recommendation of the Zoning Administrator. The Zoning Administrator may refer the application to the Township Engineer for review of the proposed improvements and recommendations of performance guarantees.

Section 8.10. Unsafe Buildings Nothing within this Ordinance shall be construed to prevent compliance with an order by the appropriate authority to correct, improve, strengthen, or restore to a safe or healthy condition, any part of a building or premises declared unsafe or unhealthy. Section 8.11. Structural Damage Any structure or building which may be in whole or in part destroyed by fire, windstorm, or other such cause, if rebuilt, shall be rebuilt in accordance with this Ordinance and other pertinent codes and ordinances or shall be restored to a safe and healthy condition with all debris removed from the site within ninety (90) days from the occurrence of such damage. Section 8.12. Building Grades The finished surface of ground areas outside the walls of any building or structure hereafter erected, altered, or moved shall be so designed that surface water shall flow away from the building walls in such a direction and with such a method of collection that inconvenience or damage to adjacent properties will not result. When property is developed adjacent to existing properties previously developed, existing grades shall have priority. Section 8.13. Street Closures Whenever any street, alley, or other public way is vacated by official action, the zoning district adjoining each side of such public way shall automatically be extended to the center of such vacation, and all area included therein shall henceforth be subject to all appropriate regulations of that district within which such area is located. Section 8.14. Fences, Walls and Screens Section 8.14.1. All fences, walls and other protective barriers (referred to in this section as “fences”) of any nature, description located within any district of Hamburg Township shall meet all of the following regulations:



A. All structures shall be located entirely on or within the lot lines of the lot upon which they

are located; and shall not be located within any public road right-of-way or private road easement. Fences on any corner lot must also comply with the setback requirements of Section 8.15, Intersection Visibility.

B. Fences shall consist of materials commonly used in conventional fence construction, such

as wood or metal. Razor wire shall not be permitted. Fences, which carry electric current shall be permitted only in conjunction with the raising and keeping of horses or other domesticated animals permitted under Section 7.7.1. Barbed wire may be permitted in industrial districts, provided that the barbed wire is at least six (6) feet above ground.

C. If, because of the design or construction, one side of the fence has a more finished

appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot.

F. A fence shall not be erected where it would prevent or unreasonably obstruct the use of

adjacent property or the safe use of an existing driveway or other means of access to adjacent property.

G. Fences shall be erected in a manner to allow emergency access to the rear yard of a lot by

placing a gate and providing sufficient space between the building line of any structure and the fence on at least one-side of the yard.

H. Fences shall be maintained in good condition. Rotten or broken components shall be

replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated.

Section 8.14.2. In addition to the standards of Section 8.14.1. all fences, walls, or other screening structures, other than necessary retaining walls, located within a single-family residential district shall not exceed the following maximum heights: (see figure 1-5). A. Any fence located in the front yard area may not exceed a maximum height of four (4)

feet. B. Any fence located between the front line of the principal building and the rear lot line, or

in situations of corner lots the lot lines opposite the front lot lines, may not exceed a maximum height of six (6) feet.

C. Any fence located along the rear lot line within any rear yard area may not exceed a

maximum height of eight (8) feet. D. In situations where a lot fronts onto multiple right-of –way(s), public or private road(s)

and /or access easement(s), any lot line fronting a right-of-way for which access is restricted through a plat, site plan restriction, covenant or deed restriction, shall be allowed a fence not exceeding eight (8) feet in height

E. Where lots abut a water body, any fence located in the non-required waterfront yard area,



between the required waterfront yard setback and the front line of the principal building, may not exceed a maximum height of four (4) feet. No fence shall be permitted in the required waterfront yard between the shoreline and the required waterfront yard setback, other than railings as permitted under Section 8.17.9.

F. Where the side or front yard space of a lot abuts the rear yard space of one or more

adjoining lots, the height of the fence shall not exceed eight (8) feet along that portion of the common lot line.

G. Wire fences used to contain livestock and farm animals are exempt from height requirements.

Section 8.15. Intersection Visibility On any corner lot in any District having front and side yards, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of street vehicular traffic between the heights of three (3) feet and ten (10) feet in an area measuring thirty (30) feet from the point of intersection of the street right-of-way lines and the tangent connecting the thirty (30) foot extremities of the intersecting right-of-way lines. Section 8.16. Access to a Street Any lot of record created prior to the effective date of this Ordinance without any frontage on a public street or way shall not be occupied except where access to a public street or way is provided by a public or private easement or other right-of-way no less than twenty (20) feet in width and meeting the requirements of Section 10.8. Access to commercial, industrial, or recreational uses shall not be designed so as to pass through residential neighborhoods. Section 8.17. Yard Encroachments The following shall apply to all buildings and structures, whether temporary or permanent. 8.17.1. Terraces and patios may project into a required yard provided that such structures are: A. Unroofed and without walls or other continuous enclosure. B. That no such structure shall be permitted nearer than five (5) feet to any lot line, C. That such areas and structures may have open railings or fences not exceeding three (3)

feet in height. D. That such structures may have noncontinuous windbreaks, visual screens, or walls not

exceeding eight (8) feet in height in a rear yard, or four (4) feet in height in a front or side



yard, and not enclosing more than one-half the perimeter of said terrace, patio, or similar structure.

8.17.2. Decks and balconies may project into a required yard a distance not to exceed six (6) feet, provided: A. That such structure shall not be permitted within eight (8) feet of any lot line. B. That no building shall have more than one (1) such deck in any one (1) yard. C. That such areas and structures may have open railings or fences not exceeding three (3)

feet in height. D. That such structures may have non-continuous windbreaks, visual screens, or walls not

exceeding eight (8) feet in height in a rear yard, or four (4) feet in height in a front or side yard, and not enclosing more than one-half the perimeter of the deck, or similar structure.

8.17.3. Unenclosed or enclosed porches and other enclosed appurtenances to a principal building shall be considered an integral part of the building to which they are attached and shall be subject to all yard requirements thereof. 8.17.4. Chimneys, flues, belt courses, sills, pilasters, bay windows, awnings, approved signs, window air conditioners, cornices, eaves, gutters, and similar features may project into any required yard a maximum of twenty-four (24) inches. 8.17.5. Unenclosed and unroofed fire escapes, outside enclosed or unenclosed stairways, and excavated stairways may project into any required yard a maximum of five (5) feet. 8.17.6. Accessory structures and buildings, including gazebos, decks, terraces, patios and similar features, which are not attached to a principal building, shall comply with the requirements of Section 8.3, Accessory Buildings and Structures. 8.17.7. Access drives may be placed in the required front, side, or rear yards so as to provide access to rear yards or accessory or attached structures. Further, any walk, terrace or other pavement serving a like function, shall be permitted in any required yard, providing the pavement is no higher than nine (9) inches above grade. 8.17.8. Stoops or steps must lead to an exterior entrance to a building and shall not encroach into any required yard more than five (5) feet. 8.17.9. Decks, Patios, and Terraces may abut a waterbody and the following conditions shall apply: A. Said structures shall not exceed 12 inches in height above the average surrounding grade. B. Yard coverage shall not exceed 30 percent for all structures on the lot including the

principal building.



C. The horizontal distance of said structures shall not exceed 50 percent of the width of the lot line that abuts the waterbody.

D. Said structures shall be at least five (5) feet from a side lot line. E. Said structures shall not extend over the water more than 24 inches. This provision shall

not apply to seasonal docks. F. Railings shall not exceed 3 feet in height and shall not obstruct view by more than 30

percent. Section 8.18. Supplementary Height Regulations 8.18.1. The following structural appurtenances shall be permitted to exceed the height limitations for authorized uses in any district. A. Those purely ornamental in purpose such as church spire, belfries, domes, cupolas,

ornamental towers, flagpoles, and monuments. B. Those necessary to mechanical or structural functions such as chimneys, smoke stacks,

water tanks, elevator and stairway penthouses, ventilators, bulkheads, aerials, and antennas, electronic devices, heating and cooling units, and fire towers.

C. Those necessary to proper building design such as cornices and parapet walls, which shall

not exceed the height limitations by more than five (5) feet and shall have no window openings.

8.18.2.The foregoing permitted exceptions may be authorized only when the following conditions are satisfied: A. No portion of any building or structure permitted as an exception to a height limitation

shall be used for human occupancy or commercial purposes. B. Any structure permitted as an exception to a height limitation shall be erected no higher

than such height as may be necessary to accomplish the purpose for which it is intended to serve.

C. Structures permitted as exceptions to height limitations shall not occupy more than twenty

(20) percent of the gross roof area of any building upon which they may be located. Section 8.19. Continued Conformance with Regulations The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear vision areas, parking and loading spaces, and all other requirements for a building or use specified within this Ordinance shall be a continuing obligation of the owner of such building or property on which such building or use is located.



Section 8.20. Garage Sales, Rummage Sales, and Similar Activities Garage sales, rummage sales, yard sales, moving sales, and similar activities shall be considered temporary accessory uses within any residential Zoning District subject to the following conditions: 8.20.1. Any garage sale, rummage sale or similar activity shall be allowed without a land use permit for a period not to exceed four (4) days within a six (6) month period. such activities in operation for a period of time in excess of four (4) days shall require a temporary land use permit from the Zoning Administrator. In no instance shall more than two (2) garage sales, rummage sales or similar activity be held in any one location within any twelve (12) month period. 8.20.2. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. 8.20.3. All such sales shall be conducted a minimum of twenty (20) feet from the front lot line of the premises of such sale. 8.20.4. Overnight outside storage of goods or merchandise offered at such sale is prohibited. 8.20.5. No signs advertising a garage sale or similar activity shall be placed upon public property. Two signs advertising a garage sale are permitted to be placed upon private property with the consent of an owner of said property and shall be removed within twenty-four (24) hours of the conclusion of said garage sale or similar activity. Section 8.21. Seasonal Sales The sale of Christmas trees, and other seasonal items shall be considered temporary accessory uses within any Zoning District subject to the following conditions: 8.21.1. A temporary land use permit renewable on an annual basis shall be secured from the Township Zoning Administrator. 8.21.2. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. 8.21.3. Adequate parking and ingress and egress to the premises shall be provided. 8.21.4. Upon discontinuance of the seasonal use, any temporary structures shall be removed. 8.21.5. Signs shall conform to the provisions of the District in which the seasonal use is located.



8.21.6. Any lighting shall be directed and controlled to not create a nuisance to neighboring property owners. Section 8.22. Firewood Sales The sale of firewood shall be considered permitted uses in the RAA, RA, NS, and CS Districts subject to the following conditions: 8.22.1. A land use permit renewable on an annual basis shall be secured from the Township Zoning Administrator. 8.22.2. In the RAA and RA Districts, storage of firewood shall be restricted to the side and rear yards. 8.22.3. All sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. 8.22.4. Adequate parking and ingress and egress to the premises shall be provided. 8.22.5. Signs shall conform to the provisions of the District in which firewood sales are located. Section 8.23. Apartments in the NS, CS, and OH Zoning Districts The following conditions shall apply to all buildings containing residential uses in the NS, CS, and OH Districts: 8.23.1. One-Family Dwellings, Two-Family Dwellings, and buildings consisting solely of Multiple Family Dwelling are prohibited. 8.23.2. The gross square footage available for apartments within a building or structure shall not exceed the gross square footage available for business occupancy within the building. 8.23.3. All construction within the building shall comply with adopted building and fire codes for mixed use buildings. 8.23.4. When a building is used for both business and residential occupancy, the uses shall be located as follows:

- Apartments may only occupy areas above the first story and shall not be located on the same story as a business, office or parking use.

- No business, office or parking use shall be located on the same story or above any story that contains a residential use.



8.23.5. The minimum gross area of an apartment, not including common entryways and common hallways, shall be 400 square feet for an efficiency or one (1) bedroom unit with an additional 200 square feet of gross area required for each additional bedroom. 8.23.6. Each building that contains a business and a residential use shall provide and maintain an enclosed entrance to the interior for the exclusive use of the occupants of the residential portion of the building that is separate from the access commonly used for business activity. 8.23.7. All accessory structures, such as garages or storage sheds, related to the apartments shall be so designated on the site plan and subject to approval by the Planning Commission. 8.23.8. A parking area shall be reserved on the same lot or parcel as the principal building and designated for the exclusive use of the apartment occupants. Two (2) parking spaces shall be required for each apartment. 8.23.9. Modifications to a building or a site that includes residential uses are subject to the requirements For site plan review as stated in Article 4.0 of this Ordinance. 8.23.10. The conversion of an approved apartment to a use permitted for the zoning district in Section 7.5.1. shall not require special use approval. The conversion of an approved apartment to another use shall be considered an immediate and a complete abandonment of the residential use. No residential occupancy shall be allowed following such a conversion unless a special use approval is approved by the Township. Section 8.24 Bed and Breakfast Inn Development Standards A. Bed and Breakfast Inn establishments shall be located in residential buildings that have

frontage on a roadway which is capable of safely accommodating the additional traffic, as determined by the Planning Commission. Bed and Breakfast Inn establishments with access from a private road shall have the approval of the association or representative of all lots that have rights of access or maintenance responsibility.

B. Use

1. Residential buildings proposed as bed and breakfast inn operations shall require a building inspection by the Zoning Administrator, Fire Chief and Building Inspector prior to any approval or uses as a bed and breakfast inn operation. Any code violation(s) shall be corrected prior to approval or uses as a bed and breakfast operation.

2. The dwelling unit which the bed and breakfast inn takes place shall be the

principal residence of the owner and said owner shall be on the premises when the bed and breakfast inn operation is active.

3. Dining facilities for the purpose of serving meals shall not exceed a seating

capacity of two and on-half (2.5) times the number of sleeping rooms in the bed and breakfast establishment. No restaurant shall be permitted. Food service shall



be limited to continental breakfast served to at no extra cost to the transient tenants.

4. The sale and/or display of merchandise, other than souvenirs of the inn, is prohibited.

5. Each operator shall keep a log of the names of all persons staying at the bed and

breakfast inn operation. The log shall show the name, arrival and departure dates of all guests. Such log shall be available for inspection by Township Officials at any time.

6. The maximum stay for any guests/occupants of bed and breakfast inn

establishments shall be twenty-one (21) days. 7. Bed and breakfast inns may not offer boating amenities, such as docking facilities,

boat rental or boating tours, to guests. This provision shall not preclude the resident owner from docking or utilizing a boat for their own personal use.

C. Site Development

1. A structure utilized for a bed and breakfast inn must be located at least 200 feet from any adjacent residence, measured between principal structures.

2. A structure utilized for a bed and breakfast inn that is within 500 feet from the

shoreline of any lake or river must be connected to a public sanitary sewer.

A structure utilized for a bed and breakfast inn that is further than 500 feet from the shoreline of any lake or river must meet all of the following conditions:

a. A sanitary septic system must be provided which has been reviewed by

the Livingston County Health Department and approved for the number of rooms proposed in the bed and breakfast inn.

b. The sanitary septic system must be located further than 500 feet from a

body of water. Ponds which are completely contained within the subject parcel and not contiguous to any off site body of water may be within 500 feet of the structure utilized for a bed and breakfast inn and/or the sanitary septic system.

3. A structure or premise utilized for a bed and breakfast inn must have at least two

(2) exits to the outdoors from such structure or premise, and rooms utilized for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants with an additional thirty (30) square feet or each additional occupant, to a maximum of four (4) occupants per room.

Each sleeping room used fort the bed and breakfast inn operation shall have a separate smoke detector alarm. Lavatories and bathing facilities shall be available



to all persons using any bed and breakfast inn operation. In no case shall there be less than one (1) lavatory and bathing facility for each four (4) sleeping rooms.

4. Bed and breakfast inn operations shall be limited to eight (8) guest sleeping

rooms. 5. Applicants shall submit a site plan, landscape plan and a floor plan of the

residential dwelling unit illustrating that the proposed operation meeting the requirements of Article 4.00 of the Zoning Ordinance.

6. Minimal outward modification of the structure may be made only if such changes

are compatible with the character of the area or neighborhood and the intent of the zoning district in which the bed and breakfast inn is located. Any modifications are subject to architectural review by the Planning Commission at the time of Special Use permit review.

7. Parking shall meet the requirements of Article 10.00 for boarding and lodging

houses. The parking areas shall not be located with the required yard setbacks. Landscape buffer strip, designed in accordance with Section 9.3, shall be provided between the parking lot and all adjacent residentially zoned land.

8. Signs for a bed and breakfast establishment shall meet the requirements for

Section 8.2 for the district in which it is located.

Section 8.25 Wireless Communication Facilities Section 8.25.1 Wireless Communication Facilities A. Wireless communication facilities shall be a permitted use in the following

circumstances, subject to site plan approval by the Planning Commission:

1. In the Public and Private Recreation Facilities District. 2. Located on any government owned property. 3. A proposed collocation upon an attached wireless communication facility, which

had been facility, which had been pre-approved for such collocation as part of an earlier approval by the Township.

4. An existing structure, which serves as an attached wireless communication

facility where the existing structure is not altered or materially changed in appearance, as determined by the Planning Commission.

B. If the applicant demonstrates to the satisfaction of the Planning Commission that a

wireless communication facility may not be reasonably established as a permitted use in the above listed areas, then, wireless communication facilities may be



permitted elsewhere in the community as a special land use, subject to the additional standards and conditions set forth below:

1. The applicant shall demonstrate to the satisfaction of the Planning

Commission the need for the proposed facility to be located outside the permitted areas.

2. The proposal shall be reviewed in conformity with the collocation

requirements of this Section. 3. At the time of the submittal, the applicant shall demonstrate that a location

within the permitted areas cannot reasonably meet the coverage and/or capacity needs of the applicant.

4. Wireless communication facilities shall be of a design such as (without

limitation) a steeple, bell tower, or other form, which is compatible with the existing character of the proposed site, neighborhood, and general area as approved by the Township.

Section 8.25.2 General Regulations for All Facilities. A. The maximum height of the new or modified support structure and antenna shall be the

minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure). The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

B. The setback of the support structure from all lot lines or public, or private road rights-of-

way shall be no less than the height of the structure. Information in regard to the manner in which the proposed structure will fall shall be provided which is to be certified and signed by a State of Michigan licensed professional engineer. Other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities must also be provided.

C. There shall be unobstructed access to the support structure, for operation, maintenance,

repair, inspection purposes, and for emergency vehicles, which may be provided through or over an easement.

D. The Planning Commission shall, with respect to the color of the support structure and all

accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

Section 8.25.3 Application Requirements A. Applicants shall submit a site plan and landscape plan site illustrating that the proposed

operation meets the requirements of Article 4.00 of the Zoning Ordinance.



B. The support system shall be constructed in accordance with all applicable building codes

and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

C. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

D. The application shall include a description of security to be posted at the time of receiving

a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) letter of creditor, (3) an agreement in a form approved by the Township Attorney and recordable at the office of the County Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney fees incurred by the community in securing removal.

E. The application shall include a map showing existing and known proposed wireless

communication facilities within the Township, and further showing existing and known proposed wireless communication facilities within areas surrounding borders of the Township. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy MCL 15.243(1)(g). This ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the Township.

F. The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

G. The application shall include a signed certification by a State of Michigan licensed

professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

Section 8.25.4 Collocation A. Statement of Policy. It is the policy of the Township to minimize the overall number of

newly established locations for wireless communication facilities and wireless communication support structures within the community. The provisions of this



subsection are designed to carry out and encourage conformity with this policy. B. Feasibility of Collocation. Collocations shall be deemed to be "feasible" for purposes of

this section where all of the following are met: 1. The wireless communication provider entity under consideration for collocation

will undertake to pay market rent or other market compensation for collocation. 2. The site on which collocation is being considered, taking into consideration

reasonable modification or replacement of a facility, is able to provide structural support.

3. The collocation being considered is technologically reasonable, e.g., the

collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

4. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the several standards contained in Section 8.25.2.

C. Requirements for Collocation

1. A land use permit or special land use permit (where applicable) for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

2. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

3. The policy of the community is for collocation. Thus, if a party who owns or

otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

4. If a party who owns or otherwise controls a wireless communication facility shall

fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the Township, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the Township for a period of five(5) years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five (5) year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or



that effect of such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

Section 8.25.5. Removal A. A condition of every approval of a wireless communication facility shall be adequate

provision for removal of all or part of the facility by users and owners when the Township becomes aware that a facility has not been used for one hundred eighty (180) days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

B. The situations in which removal of a facility is required, as set forth in paragraph (A)

above, may be applied and limited to portions of a facility.

C. Upon the occurrence of one or more of the events requiring removal, specified in paragraph (A) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition consistent with Township codes and ordinances determined by the Zoning Administrator.

D. The Township may remove or secure the removal of the facility if the following has not

occurred:

1. The required removal has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice.

2. An application for reuse of the facility has not been submitted to the Township within the one hundred and eighty (180) days. An application for reuse is subject to the review procedures and standards outlined in this Ordinance.

E. Any and all costs incident to the removal of the facility, including, but not limited to administrative charges, legal fees, court cost, construction costs, or expenses shall be the sole responsibility of the owner of the facility or any security deposits as may have been required by the Township at the time the application was made for establishing the facility.

Section 8.26 Adult Foster Care Large and/or Small Group Home A. The lot shall be at least 1,500 feet from any other state licensed residential facility .

B. Minimum lot size shall meet the requirement ofthe district, but in no case shall be less

than one acre in size,

C. The required buffer zone "C", as described in Section 9.4.6 (E), shall be provided around the perimeter of the property.



D. The applicant shall demonstrate to the satisfaction of the Planning Commission that adequate off-street parking will be provided.

Section 8.27 Accessory Dwelling Unit 8.27.1 To address the identified need of providing and preserving affordable and secure housing for all the population of the Township, while preserving the appearance and character of the Township's residential areas; by permitting, as an accessory use, the creation of a separate self-contained dwelling unit within, incidental and subordinate to, an existing single-family residence. The creation of such accessory dwelling units will promote the general welfare of the Township, without increasing the number of residential buildings, by allowing all the population to continue to live in the Township, either in their present home of in the accessory dwelling units permitted hereunder.

8.27.2 An accessory dwelling unit shall be located on the same premises as a one-family residence as a permitted use in an open space community. Village Center (VC) District, and Village Residential (VR) District. Accessory dwelling units shall be subject to the following conditions and requirements: A. A principal owner of the principal dwelling must reside in either the principal dwelling of

the accessory swelling unit throughout the duration of the permit referred to in Section 8.27.3.

B. The accessory dwelling unit shall not exceed 600 square feet or forty (40) percent of the floor area of the existing residence, whichever is greater. .

C. The number of off-street parking spaces for the accessory dwelling unit shall be not less than one.

D. The occupancy of the accessory dwelling unit shall be no more than two (2) persons.

E. All zoning district bulk and setback requirements shall apply to the site.

F. Accessory dwelling units shall be reviewed by the Planning Commission to ensure compliance to the following standards:

1. Architectural design, style and appearance of the principal residential building

must be maintained; 2. If an addition is proposed as part of the creation of the accessory dwelling unit,

the addition must be consistent with the existing facade, roof pitch, building materials and colors and windows of the building;

3. Access to an attached accessory dwelling unit shall be limited to a common

entrance foyer or exterior entrance to be located on the side or rear of the building;



G. If public water and sewer are not available to the residence, the use of private water and septic systems for the accessory dwelling unit shall be subject to the approval of the County Health Department. The accessory dwelling unit shall comply with all applicable housing, building, fire and health code requirements.

8.27.3 Application Procedure A. The applicant shall submit the following information for Planning Commission review:

1. A plat plan showing the location of the proposed accessory dwelling unit, lot identification (address and property number), size of lot, dimension of lot lines, existing improvements, location of structures on adjacent lots within one hundred (100) feet, abutting streets, driveways, and parking areas.

2. Sufficient architectural drawings or clear photographs to show the exterior

building alterations proposed.

3. Interior floor plans showing the floor area of the proposed accessory dwelling unit and primary dwelling.

B. Prior to granting approval, the Planning Commission must determine that a proposed

accessory dwelling unit is compatible with existing land uses in the area, would not be detrimental to the safety or convenience of vehicular or pedestrian traffic.

C. Following approval from the Planning Commission, the applicant shall receive a permit

for the Accessory Dwelling Unit specifying the conditions, restrictions and details of the approval.

8.27.4 Duration A. The permit and any other form of approval for an accessory dwelling unit issued

hereunder shall be subject to revocation by the Township upon a finding by the Township or its lawfully authorized designee, that there is in fact noncompliance with the conditions and requirements contained in Section 8.27.

8.27.5 Sale of Residence A. Upon sale of a residence containing an accessory dwelling unit, the new owner of said

residence shall file with the Zoning Administrator within thirty days of the transfer of title to such residence a notice on a form to be supplied by the Zoning Administrator, stating whether or not such new owner intends to continue the accessory dwelling unit use.

article 8.00 supplementary provisions effective may 6,...

Documents