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Table of Contents ARTICLE I INTRODUCTION-PURPOSE____________________________________ 2 ARTICLE II TITLE ENACTING CLAUSE____________________________________ 2 ARTICLE III DEFINITIONS_______________________________________________ 3 ARTICLE IV ZONING DISTRICTS__________________________________________ 7 R - 1: SINGLE FAMILY RESIDENTIAL DISTRICT____________________________ 7 TR - 1: RESIDENTIAL TRANSITION________________________________________ 8 R - 2: MULTI-FAMILY RESIDENTIAL DISTRICT____________________________ 10 C: COMMERCIAL DISTRICT______________________________________________ 13 I: INDUSTRIAL DISTRICT_______________________________________________ 15 M-1 MANUFACTURING__________________________________________________ 18 R.A.F.: RECREATION, AGRICULTURE AND FORESTRY DISTRICT__________ 21 ARTICLE V LANDS FRONTING ON LAKE SUPERIOR_______________________ 22 ARTICLE VI PROPERTY USES ON LAKES AND STREAMS___________________ 23 ARTICLE VII HOME OCCUPATIONS______________________________________ 23 ARTICLE VIII CONDITIONAL USES_______________________________________ 24 ARTICLE IX REZONING_________________________________________________ 27 ARTICLE X VARIANCES_________________________________________________ 28 ARTICLE XI OFF-STREET PARKING______________________________________ 30 ARTICLE XII (UN)LOADING SPACE REQUIREMENTS______________________ 32 ARTICLE XIII FENCES AND OBSCURING WALLS__________________________ 33 ARTICLE XIV COMMUNICATION TOWERS________________________________ 34 ARTICLE XV CONSTRUCTION DEBRIS DISPOSAL_________________________ 35 ARTICLE XVI ADMINISTRATION_________________________________________ 35 ARTICLE XVII BUILDING PERMITS_______________________________________ 36 ARTICLE XVIII FEES____________________________________________________ 36 ARTICLE XIX AMENDMENTS AND SUPPLEMENTS________________________ 37 ARTICLE XX ORDINANCE PROVISION VALIDITY_________________________ 37 ARTICLE XXI NUISANCES_______________________________________________ 37 ARTICLE XXII OPEN SPACE R-1 AND TR-1 ZONING AREAS_________________ 41 ARTICLE XXIII ADOPTION AND EFFECTIVE DATE_______________________ 42 ARTICLE XXIV ADOPTION_______________________________________________ 44 Charter Revised 04/2006 ARTICLE I INTRODUCTION-PURPOSE
An ordinance enacted pursuant to the authority contained in Act 184 of the Public Acts of Michigan for 1943 (MCL 125.271, et seq.), known as the "Township Rural Zoning Act" for the establishment of zoning districts in the Charter Township of Ironwood, within which districts the use of land for agriculture, forestry, recreation, residence, industry, trade, soil conservation, water supply conservation and additional uses of land may be encouraged, regulated or prohibited; for the adoption for such districts of provisions designating or limiting the location, height, number of stories, size of dwellings, buildings and structures which may hereafter be erected or altered; for the regulation of the area of yards, courts, and other open spaces and the sanitary, safety and protective measures that shall be required for such dwellings, buildings and structures; for the designation of the maximum number of families which may be housed in buildings, dwellings and structures; to establish a zoning board of appeals, to grant authority to said board in addition to that expressly provided in said Public Act 184; to provide standards to guide actions and decisions of said board; to provide for the enforcement of the provisions of said ordinance and penalties and other relief for the violation of said ordinance; and to provide for the amendment thereof and the repeal of all ordinances or parts of ordinances in conflict therewith. PURPOSE
In accordance with the authority and intent of Act 184 of the Public Acts of 1943, as amended, the Charter Township of Ironwood desires to provide for the orderly development of the township which is essential to the well-being of the community and which will place no undue burden upon developers, industry, commerce, residents, food producers, the natural resources or energy conservation. The Township further desires to assure adequate sites for industry, commerce, food production, recreation and residences; to provide for the free movement of vehicles upon the streets and highways of the township; to protect industry, commerce, food producers, natural resources, energy consumption and residences against incongruous and incompatible uses of land; to promote the proper use of land and natural resources for the economic well-being of the Township as a whole; to assure adequate space for the parking of vehicles of customers and employees using commercial, retail and industrial areas; to assure that all uses of land and buildings within the Township are so related as to provide for economy in government and mutual support; and to promote and protect public health, safety, comfort, convenience and general welfare of all persons and property within the Township. The Township further desires, to the greatest extent possible, to preserve the character of neighborhoods, provide for the comfort and tranquility of the Township residents and, at the same time, allow for appropriate economic development that is consistent with the purposes stated herein. ARTICLE II TITLE ENACTING CLAUSE
The Charter Township of Ironwood, SHORT TITLE
This ordinance shall be known as the Charter Township of Ironwood Zoning Ordinance. LIMITATIONS IN ORDINANCE At the discretion of the property owner, the lawful use of any dwelling, building or structure, and of any land or premises as existing and lawful on the date of enactment of this Ordinance may be continued, even though such use may not be in conformity with the provisions of this ordinance. Any non conforming use which is abandoned for a period of two years or more, shall be deemed to have been discontinued. Thereafter, the nonconforming use shall no longer be considered in conformity with this section or in conformity with the provisions of this ordinance. Also, to the extent that a nonconforming use is decreased in size and scope, it may not later be resumed on its original scale. Further, any nonconforming use may not be expanded in any way. CLASSIFICATION OF ZONING DISTRICTS To achieve the purposes set forth in Article I, the unincorporated area of the Charter Township of Ironwood, R - 1 Single Family Residential TR- 1 Residential Transition R - 2 Multi-Family Residential C Commercial I Industrial M - 1 Manufacturing R.A.F. Recreation, Agriculture and Forestry W.H. Wellhead Protection ZONING DISTRICT MAP The boundaries of these districts are hereby established as shown on the map entitled "The Zoning Map of the Charter Township of Ironwood, AIRPORT ZONING The Charter Township of Ironwood Zoning Ordinance will be cognizant of, and shall conform to the applicable rules and regulations of the Gogebic County Airport Zoning Ordinance, which was adopted pursuant to P.A. 23 of 1950, as amended, providing for the safety and protection to users of the Airport and to the people who live in its vicinity. ARTICLE III DEFINITIONS
1) 2) Accessory Use: A use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main building; but not including their use for dwelling, residential, lodging or sleeping quarters for human beings. 3) Alley: Any dedicated public way, other than a street, providing a secondary means of access to property. 4) Basement: A story having part, but no more than seventy-five percent (75%) its height below the average level of the adjoining ground. 5) Billboard: Any permanent sign larger than 4' by 8' or 32 square feet in area. 6) Boarding House: A dwelling having one kitchen and used for the purposes of providing meals, lodging, or both for pay or compensation of any kind, computed by the day, week, month or year to persons other than family members occupying such dwellings. 7) Building: Any structure having a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals and/or property. 8) Building (Height of): The vertical measurement from the average elevation of the finished lot grade at the front of the building, to the highest point of the ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof; and to the average height between the plate and the ridge of a gable, hip or gambrel roof. 9) Building Permit: A written authority issued by the Building Inspector in conformity with the provisions of the B.O.C.A. Code. 10) Commercial: A business operated primarily for profit or non-profit, including those of retail trade and professional, personal, technical and mechanical services. 11) Cellar: A story having greater than seventy-five percent (75%) of its height below the average level of the adjoining ground and not having any part thereof used for dwelling purposes. 12) Conditional Use Permit: A permit issued by the Planning Commission to an applicant not in accordance with the provisions of this Ordinance, but which use will not be detrimental to the surrounding area, along with being required to meet and maintain certain criteria called performance standards. Conditional Use Permits are: (1) granted on a case-by-case basis, (2) granted for a term of up to one year, whereafter annual extensions shall be given at the discretion of the Planning Commission and (3) may be revoked at any time, at the discretion of the Planning Commission, if said performance standards are not complied with. 13) Dwelling: Any building, or portion thereof, which is designated or used exclusively as living quarters for families, but not including recreational vehicles, tents, portable buildings or basements: a) One-Family: A detached building designed for occupancy by one (1) family. b) Multiple-Family: A building or portion thereof used or designated as a residence for two (2) or more families living independently of each other, but not including hotels or motels. 14) Essential Services: The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground , surface or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal system, including poles, wires, call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. 15) Family: One or two persons, or parents, with their direct descendants and adopted children (and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in a room or rooms comprising a single housekeeping unit. Every additional group of two or more persons living in such housekeeping unit shall be considered a separate family for the purposes of this Ordinance. 16) Farms: The keeping of horses, swine, cattle, sheep, goats, chickens, geese, ducks, turkeys, rabbits and other domestic animals other than house pets, shall be permitted in connection with the farm use as an accessory use of one-family residence established and existing on the premises where such animals, poultry or birds are to be kept. 17) Fence: Any partition, structure, hedge or gate used as a dividing marker, barrier or enclosure. 18) Garage (Private): A detached accessory building or portion of the main building for the parking or temporary storage of not more than three (3) vehicles, each not exceeding one and one-half (1 1/2) ton in gross vehicle weight. 19) Garage (Public): A space or structure other than a private garage for the storage, care, repair, refinishing or servicing of motor vehicles. However, a structure or room used solely for the display and sale of such vehicles, in which they are not operated under their own power, and in connection with which there is no storage, repair, care, refinishing or servicing of vehicles other than those displayed for sale, shall not be considered a public garage. 20) Gross Floor Area: The area included within the exterior walls of a building. 21) Home Occupation: Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. 22) Industrial: A business operated primarily for profit or non-profit, including those of product manufacturing or conversion through the assembly of new or used products, or through the disposal or reclamation of salvaged materials, and including those businesses and service activities that are normal integral part(s) of an industrial enterprise. 23) Junk: Any motor vehicle, machinery, appliance, product, merchandise or scrap metals or other scrap which cannot be used, in its current state, for the purpose for which it was manufactured. 24) Living Space: That area within a structure intended, designed, erected or used for human occupancy, but excluding any cellar area or accessory use areas. 25) Lot: A parcel of land shown on a subdivision map, a record of survey map or a parcel described by metes and bounds, having an area for each main building as hereinafter required in each zone. 26) a) Front: In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of a lot from the street. b) Rear: A lot line which is opposite and most distant from the front lot line and, in the case of an irregular shaped lot, a line at least ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. c) Side: Any boundary line not a front or rear lot line. d) Width: The distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. e) Depth: The distance between the front and rear lot lines, measured in the average direction of the side lot lines. f) Area: The total area within the lot lines of a lot. g) Corner h) Interior 27) Nonconforming Structure: A structure lawfully existing at time of adoption of this Ordinance, or any amendments thereto, which does not conform to the regulations of the district in which it has been located, and for which a certificate of occupancy has been issued and is in force. 28) Nonconforming Use: A use which lawfully occupies a structure or land at the time of the adoption of this Ordinance, or any amendments thereto, which does not conform with the regulations of the district in which it is located, and for which a certificate of occupancy has been issued and is in force. 29) Nuisance: An offensive, annoying, unpleasant or obnoxious thing or practice, a course or source of annoyance, especially a continuing or repeated invasion of any physical characteristics of a use of activity across a property line, which can be perceived by or affects a human being or his/her property adversely. Nuisances include, but are not limited to: noise, odor, erosion, etc. 30) Performance Standards: Requirements set by the Planning Commission as conditions to be met for the issuance of a conditional use permit and that are consistent with the spirit and purpose of this Ordinance, with public safety and with substantial justice. 31) Recreation Vehicle (RVs): A vehicular type structure, primarily used as temporary living quarters for recreation, camping or travel use, which has either its own motive power or is mounted on or drawn by another vehicle which is self-propelled. An RV is not a trailer coach or a manufactured (mobile) home. 32) Sign - Permanent: Any construction, structure, device or portion thereof, which is larger than 2 square feet, whether attached to a structure, post, pole, or natural feature, upon which words, numerals, terms, figures, trademarks, or similar representations are used for the purpose of conveying information to the public. 33) Sign - Temporary: Any construction, structure, device or portion thereof, which is larger than 2 square feet, whether attached to a structure, post, pole, or natural feature, upon which words, numerals, terms, figures, trademarks, or similar representations are used for the purpose of conveying information to the public, that is displayed to the public on a temporary basis. Sign Exception: The regulations and provisions in this Ordinance pertaining to signs shall not apply to signs in adjacent areas, as regulated by the Highway Advertising Act of 1972, Public Act 106 of 1972 (MCL 252.301, et seq). 34) Special Care Facility: Any dwelling unit intended to be occupied (partially or entirely) for purposes of providing residential care for persons physically or mentally handicapped, mentally ill, drug or alcohol addicts and including any dwelling units used for similar occupants that are state licensed or state supported, but not including penal or correctional institutions, nor shall the conditions apply to any family related persons living within a single family unit. 35) Story: The portion of a building between one floor level and the floor level next above it, or between the uppermost floor and the roof. 36) Street: A dedicated and accepted public right-of-way for vehicular traffic, which is the primary means of access to abutting property. 37) Structure: Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including fences, signs, billboards, and towers of any kind. 38) Trailer Coach/Manufactured ( 39) Use: The purpose for which land or buildings are arranged, designated or intended, or for which either land or buildings are, or may be, occupied or maintained. 40) Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Ordinance: a) Front: A yard extending across the full width of a lot; the depth of which is the distance between the front lot line (street right-of-way) and the main wall of the building. b) Rear: A yard extending across the full width of a lot between the most rear of the main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest part of the main building at a ninety (90) degree angle from said building to the nearest point of the rear lot line. c) Side: A yard, between the main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the main building to the nearest part of the side lot line. The first two (2) feet of roof overhang shall be excluded in determining the nearest part of the main building. 41) Zoning Variance: A variation from the strict application of the provisions of this Zoning Ordinance, with as strict as possible adherence to the intent and purpose of the equal application of the law principle as is possible and additionally those variations specified in this Ordinance which can be granted by the Zoning Board of Appeals due to an unnecessary hardship (a variation of permitted use) or practical difficulties (a variation from a required dimensional or performance standard) due to unusual lot shape or size, or on-site natural characteristics as compared with other similarly zoned parcels in the district which it is located. ARTICLE IV ZONING DISTRICTS
R - 1: SINGLE FAMILY RESIDENTIAL DISTRICT
PURPOSE
The purpose of creating Single Family Residential District, R-1, is to provide areas in the Township dedicated primarily to residential uses in which each dwelling is located on an individual lot or premises adequate in size and shape to provide for safe water supply and sewage disposal facilities, to minimize hazards of spreading fires, and to require setback from the public thoroughfare to facilitate safe exit from and entrance to the premises. The requirements are intended to protect and stabilize the basic qualities of the District, and to provide suitable and safe conditions for residential living. The essential difference between this and any other Residential District is that a moderate density of urban type residential development will be permitted through the construction and occupancy of one-family structures on moderately sized lot areas. There is no intent to promote by these regulations for R- 1 Districts any lower quality of livability than that possible in any other Residential District. PERMITTED USES A. One-family dwellings. B. Schools, libraries and other municipal structures. C. Churches. D. Daycare facilities for up to (six) 6 children. E. Essential public utility services, excluding buildings and regulator stations. F. Pets may be kept as long as the pet(s) are not a health hazard, nuisance, or danger to residents. Permanent signs and billboards are prohibited in any R - 1 District. Temporary signs are allowed. USES WITH A CONDITIONAL USE PERMIT A. Community colleges, including dormitory facilities and Community Center Buildings. B. Essential public utility service buildings and regulator stations. C. Daycare facilities for seven(7)to twelve(12)children. D. Kennels ACCESSORY BUILDINGS A. Accessory buildings are permitted, but not prior to erection of the principal buildings, unless by prior written approval of the Planning Commission. B. Accessory buildings shall not occupy more than fifteen (15) percent of total lot size, nor shall it be closer to any front or rear lot line than twenty five (25) feet, or seven (7) feet, in the case of a side yard. C. One accessory building, in addition to the principal garage, is permitted, but may not exceed 200 square feet. D. No part of any front yard shall be used for an accessory building. REQUIREMENTS
The following minimum dimensions for lot area, width and floor area, together with maximum dimensions for lot coverage and structure heights, shall be required for every structure and land use in this District, except as noted: A. Minimum B. Minimum C. Minimum Yard Setbacks: 1) Front Yard: Twenty-five (25) feet. 2) Side Yard: Seven (7) feet minimum for both interior and corner lots. 3) Rear Yard: Twenty-five (25) feet. D. Maximum Structure Height: Not to exceed thirty-five (35) feet. Accessory buildings shall not exceed a height of fifteen (15) feet. E. Minimum Finished Living Space: Minimum finished living space area per family shall not be less than 900 square feet of floor area for the total of all floors. F. Maximum G. Parking Restrictions: Parking of motor or recreational vehicles with greater than one(l)ton carrying capacity, boats or trailers shall be permitted to park in side and rear yards only. H. Site Plan Review: In addition to all previous requirements of this Section, all construction projects must prepare a scaled site plan, showing all existing and proposed buildings, utilities, parking, open spaces and roads, which must be submitted for approval to the Zoning Administrator. At the discretion of the Zoning Administrator, the plan may also be submitted for approval by the Planning Commission. TR - 1: RESIDENTIAL TRANSITION
PURPOSE
The purpose of creating Residential Transition District, TR-1, is to provide controls within the township for those areas that are becoming a mix of residential, commercial and services. This zone provides that individual lots or premises are adequate in size and shape to provide for safe water supply and sewage disposal facilities, to minimize hazards of spreading fires, and to require setback from the public thoroughfare to facilitate safe exit from and entrance to the premises, and to protect the Single Family Residences from the problems associated with a mixed use zone. The requirements are intended to protect and stabilize the basic qualities of the District, and to provide suitable and safe conditions for all. PERMITTED USES MEETING REQUIREMENTS A. Those permitted uses in an R-1 District. B. Service Businesses. C. Commercial Businesses. Billboards are prohibited in any TR - 1 District. Temporary signs are allowed. Permanent signs are only permitted as provided in Requirements section B(8), below. ACCESSORY BUILDINGS A. Must meet the same requirements as in the R - 1 District. REQUIREMENTS
The following minimum dimensions for lot area, width and floor area, together with maximum dimensions for lot coverage and structure heights, shall be required for every structure and land use in this District, except as noted: A. R-1 Permitted uses must meet all the requirements as in the R - 1 District. B. Service/Commercial Businesses Uses: 1). Minimum 2). Minimum 3). Minimum Yard Setbacks: a) Front Yard: Fifty (50) feet. b) Side Yard: One hundred (100) feet minimum when adjoining a dwelling, otherwise Twenty Five (25) for both interior and corner lots. c) Rear Yard: Fifty (50)feet when adjoining a dwelling, otherwise Twenty-five (25) feet. 4). Maximum Structure Height: Not to exceed thirty-five (35) feet. Accessory buildings shall not exceed a height of fifteen (15) feet. 5). Maximum 6). Parking Restrictions: must meet the Commercial District (C-1) parking requirements. 7.) Service and Commercial Businesses using existing Structure: Businesses meeting the following criteria are permitted to use R-1 requirements over those of TR-1. a) the exterior of the existing structure is not modified except for cosmetic and access purposes. b) the business will be unobtrusive to the neighborhoods general character as determined by the Planning Commission. c) the business will operate only between the hours of seven (7) a.m. and six (6) p.m. d) all associated lighting to the building will be extinguished between ten (10) p.m. and seven (7) a.m. except that lighting normally associated with a dwelling shall be permitted at all times. 8) Signage will be limited to two signs, one unlighted and one illuminated, with an area of less than eight (8) square feet each. 9) Fencing All commercial/service businesses adjoining property containing a dwelling shall have a fence erected to a height of five (5) feet. The Planning Commission can approve the use of hedges or berms to replace fencing when they feel it meets the character of the project and the neighborhood. 10) Snow Removal and/or Storage All snow storage and removal must be accomplished in such a manner as to not infringe on adjoining property. Removal must be done in accordance with all Township, County, and State rules and laws and must be accomplished during normal use hours. In addition, snow removal shall be performed in such a manner as to not interfere with the public health, safety and welfare, including, but not limited to, infringement upon the rights of adjoining property and the right to unobstructed visibility near roadways. C. Site Plan Review: In addition to all previous requirements of this Section, all construction projects must prepare a scaled site plan, showing all existing and proposed buildings, utilities, parking, open spaces and roads, which must be submitted for approval to the Planning Commission. R - 2: MULTI-FAMILY RESIDENTIAL DISTRICT
PURPOSE The purpose of the regulations covering this District are to provide a stable and sound family residential environment with the highest type of neighborhood related urban utilities, facilities and services. The essential difference between this and other Residential Districts, is that a relatively high density of urban type residential developments will be permitted in a variety of multi-family dwelling structures on smaller area per dwelling unit ratios. PERMITTED USES A. R-1 Permitted uses must meet all the requirements as in the R - 1 District.. B. Single family dwellings. C. Duplex and multiple family dwellings. D. Schools, libraries and other municipal structures. E. Churches. F. Community colleges, including dormitory facilities and Community Center Buildings. G. Lodging and boarding facilities. H. Condominiums. I. Daycare care facilities for up to six (6) children. J. Essential public utility services, excluding buildings and regulator stations. Billboards and permanent signs are prohibited in any R - 2 District, except by the issuance of a Conditional Use Permit by the Planning Commission. Temporary signs are allowed. USES WITH A CONDITIONAL USE PERMIT A. Professional offices (such as doctors, dentists and lawyers). B. Transient tourist parks and campgrounds. C. Essential public utility service buildings, regulator stations, transformer stations and substations, but not including service or storage yards. D. Day care facilities for seven (7) to twelve (12) children. E. Kennels. ACCESSORY BUILDINGS A. Accessory buildings are permitted, but not prior to erection of the principal buildings, unless by prior written approval of the Planning Commission. B. Accessory buildings shall not occupy more than fifteen (15) percent of total lot size, nor shall it be closer to any front or rear lot line than twenty five (25) feet, or ten (10) feet, in the case of a side yard. C. One accessory building per structure is permitted, but may not exceed 400 square feet each. D. No part of any front yard shall be used for an accessory building, REQUIREMENTS The following minimum dimensions for lot area and width, the floor area, together with maximum dimensions for lot coverage and building heights shall be required for every structure and land use in this District, except as noted: A. Minimum 1) For single family dwellings, the minimum lot size requirements shall be the same as those provided in an R-1 District (Article IV, Requirements (A)). 2) For multiple family dwellings, minimum lot areas are as follows: a) 2 family dwellings 10,000 sq. ft. per family 3 - 4 family dwellings 9,000 sq. ft. per family 5 - 6 family dwellings 8,000 sq. ft. per family 7 + family dwellings 7,000 sq. ft. per family b) Additional lot size requirements: any dwelling shall have a minimum building footprint to lot size ratio of 1 to 4. c) The term dwelling units as used herein shall be interpreted to include all of the dwelling units on a parcel, which may, in order to accomplish a more desirable development, actually be contained in a number of physically separate, though functionally related buildings. d) For lots without public sewage service (with wells and septic system) the minimum lot area shall be: 1) based on the approval of a septic system by the Western U.P. Health Department and 2) not smaller than the minimum lot area for lots with public water and sewage service. B. Minimum Lot Width: One hundred (100) feet for the first two (2) dwelling units, and an additional forty (40) feet for each additional dwelling unit, that runs parallel with the front lot line. All other structures require a lot width not less than one hundred (100) feet. C. Minimum Yard Setbacks: 1) Front Yard: Twenty-five (25) feet. 2) Side Yards: Ten (10) feet for interior and corner lots. 3) Rear Yards: Twenty (20) feet. D. Maximum Structure Height: No structure shall exceed thirty-five (35) feet. E. Minimum Living Space: Minimum gross floor living space area per family shall not be less than six hundred (600) square feet. F. Maximum G. Minimum Specifications for group housing developments (For purposes of this section, “group housing developments” shall mean a lot or parcel that contains more than one dwelling, apartment, or condominium building.): 1) Between Dwellings on the same lot or parcel: Front-to- front, rear-to rear or front-to-rear, the minimum horizontal distance shall be fifty (50) feet for buildings one(1)story in height. This distance shall be increased by not less than ten (10) feet for every story added. The minimum distance between buildings may be decreased on one side by not more than ten (10) feet, if the distance on the other side is proportionately increased. If the buildings are staggered so as to permit free movement of air and allow ample sunlight to reach the ground, modifications may be permitted by the Planning Commission, if the planned development compensates by other space provisions. 2) Between Ends of Buildings: The distance shall not be less than twenty (20) feet when neither building exceeds two (2) stories and thirty (30) feet if one or both buildings exceeds two (2) stories. When the end of one building is opposite the long dimensions of an adjacent building, the minimum distance shall be thirty (30) feet if both buildings are one (1) story and forty (40) feet if at least one building is two (2) or more stories. 3) Play Areas: Play areas suitable for preschool children must be provided in all group housing developments. They shall preferably be located within sight of the dwelling units they serve. A minimum area of forty (40) square feet per dwelling unit shall be provided. H. Parking Restrictions: Parking of motor or recreational vehicles with greater than one (1) ton carrying capacity, boats or trailers shall be permitted to park in designated parking spaces only, as determined by the Planning Commission. I. Off-Street Parking and Loading and Unloading Requirements: Must meet the requirements of the Sections entitled “Off-Street Parking" and "(Un)loading Space Requirements." J. Snow Storage: On-site snow storage shall be provided for in the amount of ten(10) percent of the total required parking space. This storage amount shall be in addition to the required parking space. All snow storage and removal must be accomplished in such a manner as to not infringe on adjoining property. Removal must be done in accordance with all Township, County, and State rules and laws and must be accomplished during normal use hours. In addition, snow removal shall be performed in such a manner as to not interfere with the public health, safety and welfare, including, but not limited to, infringement upon the rights of adjoining property and the right to unobstructed visibility near roadways. K. Equine and Stables are permissible with five (5) acres for the first two adult animals and an additional one (1) acre required for each additional adult animal. Stables shall be located so as to not create a nuisance because of smell or pests to the surrounding dwellings. Equine in the above shall also include llamas and similar types of animals. L. Site Plan Review: In addition to all previous requirements of this Section, all group housing developments must prepare a scaled site plan, showing all existing and proposed buildings, utilities, parking, open spaces and roads, which must be submitted for approval to the Zoning Administrator. At the discretion of the Zoning Administrator, the plan may also be submitted for approval by the Planning Commission. C: COMMERCIAL DISTRICT
PURPOSE
This district is established for the purpose of accommodating retail and service establishments to be located along the major commercial corridor of the Township, and further, to permit those uses which can be appropriately located in such a central area. This District provides major retail and service facilities to the People of the Township, and extending to the immediately surrounding regions. PERMITTED USES A. Single and multiple retail establishments selling principally new merchandise. B. Personal and business services. C. Hotels, motels and other lodging units. D. Passenger terminals and information centers. E. Offices, banks, public buildings and public utility installations. F. Restaurants and drive-in businesses. G. Business, trade or public schools. H. Dancing and music studios. 1. Sales and showrooms, including automobiles and recreation vehicles. J. Funeral homes and mortuaries. K. Commercial recreational facilities. L. Commercial or public parking lots. M. Automobile service and repair stations. N. Bars, taverns, nightclubs or inns. 0. Household and family service businesses, including laundromats, dry cleaning establishments and similar establishments. P. Dwellings when occupied by the owner or operator of an adjoining commercial business. Q. Manufacturing and processing establishments, selling at least fifty (50) percent of the entire output at retail on the premises. R. Building supply and equipment stores. S. Storage yards are permitted when they are used for storage of retail sale products. Yards are not permitted when they are used for storage of inventory for wholesale sales or construction industry bulk sales. ACCESSORY BUILDINGS A. Accessory buildings are permitted, but not prior to erection of the principal buildings, unless by prior written approval of the Planning Commission. B. Accessory buildings shall not occupy more than fifteen (15) percent of total lot size, nor shall it be closer to any front or rear lot line than twenty five (25) feet, or ten (10) feet, in the case of a side yard. C. One accessory building per structure is permitted, but may not exceed 400 square feet each. D. No part of any front yard shall be used for an accessory building, REQUIREMENTS
A. Minimum Lot Area: Thirteen thousand two-hundred (13,200) square feet. For lots without public sewage service (with wells and septic system) the minimum lot area shall be: 1) based on the approval of a septic system by the Western U.P. Health Department and 2) not smaller than the minimum lot area for lots with public water and sewerage service. B. Minimum C. Minimum Yard Setbacks: 1) Front Yard: Twenty-five (25) feet. 2) Side Yard: Fifteen (15) feet for interior and corner lots. 3) Rear Yard: Thirty (30) feet. D. Maximum Structure Height: Not to exceed thirty-five (35) feet. E. Maximum F. Lighting: Shall be installed and operated in a manner such that no illumination source shall be directed to adjoining property of more than one (1) foot candle. G. Vehicular Access: Shall be so designed and located as to create a minimum interference with traffic on the surrounding public streets. No more than two (2) driveways, each a minimum of eighteen feet, but not to exceed thirty (30) feet, in width at the property line, shall be permitted on each street frontage of the property. H. Off-Street Parking and Loading and Unloading Requirements: Must meet the requirements of the Sections entitled "Off-Street Parking" and “(Un)loading Space Requirements." I. Snow Storage: On-site snow storage shall be provided for in the amount of ten (10) percent of the total required parking space. This storage amount shall be in addition to the required parking space. All snow storage and removal must be accomplished in such a manner as to not infringe on adjoining property. Removal must be done in accordance with all Township, County, and State rules and laws and must be accomplished during normal use hours. In addition, snow removal shall be performed in such a manner as to not interfere with the public health, safety and welfare, including, but not limited to, infringement upon the rights of adjoining property and the right to unobstructed visibility near roadways. J. Storage: No vehicles, trailers or any other non-permanent structure may be used for storage of goods or equipment within this District, without permission of the Planning Commission. All temporary structures used for display and/or sale of goods or equipment shall first receive a permit from the Township Supervisor, prior to the erection of said structure. K. Signs: All signs to be located outside any building in a Commercial District shall conform to the following requirements: 1) They shall be placed flat against the main building, or parallel to the building on a canopy and may face only public streets or parking areas which are a part of the development. No signs or billboards shall be placed on or over a lot or public right-of-way in a Commercial District, not occupied by the principal structure for which the sign is for, without detailed plans and specifications regarding height, size, construction materials, location and appearance, and the subsequent approval of the Planning Commission. Each individual sign shall be determined on an individual basis, with regard to the aforementioned criteria. 2) They may not exceed in height, twenty (20) percent of the building height, and a total area of all signs shall not exceed thirty (30) percent of the area of the nearest building face with which the signs are parallel. 3) Signs may be illuminated, but not flashing. 4) One additional sign may be placed free-standing or attached to the building, but not extending over a public right-of-way, near one entrance on each street upon which the lot or parcel fronts. Such a sign shall convey only the identification of the permitted use, shall be located so that view of traffic is not obstructed for pedestrians and motorists and may not exceed twenty-five (25) square feet in area. 5) Signs purely for traffic regulation and direction within a development may be utilized as required, but may not exceed four (4) square feet. L. Site Plan Review: In addition to all previous requirements of this Section, all commercial projects must prepare a scaled site plan, showing all existing and proposed buildings, utilities, parking, open spaces and roads, which must be submitted for approval to the Zoning Administrator. At the discretion of the Zoning Administrator, the plan may also be submitted for approval by the Planning Commission. M. Grass: All developed or undeveloped lots shall be seeded with grass, except by permission of the Planning Commission. I: INDUSTRIAL DISTRICT
PURPOSE
This District is established for the purpose of encouraging within it the development of manufacturing, processing, storage and office establishments as one in which the principal use of the land is for industrial activities wholly compatible with all other uses permitted in this District. In general, the permitted uses include those which are of a type not requiring the customer to call at the place of business, but normally have contact by mail or agent. PERMITTED USES
In this District, no building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered or enlarged, except for the following uses: A. Any production, processing, cleaning, testing, repairing, storage and distribution of materials, goods, foodstuffs and products not involving a normal retail or service activity on the lot. B. Veterinary hospitals and kennels. C. Wholesale businesses or warehouses. D. Building supply and equipment stores and yards. E. Contractor's establishments not engaging in any retail activities on the lot. F. Accessory uses clearly related with the main use. ACCESSORY BUILDINGS A. Accessory buildings are permitted, but not prior to erection of the principal buildings, unless by prior written approval of the Planning Commission. B. Accessory buildings shall not occupy more than fifteen (15) percent of total lot size, nor shall it be closer to any front or rear lot line than twenty five (25) feet, or ten (10) feet, in the case of a side yard. C. One accessory building per structure is permitted, but may not exceed 400 square feet each. D. No part of any front yard shall be used for an accessory building, REQUIREMENTS A. Minimum B. Minimum Lot Width: One hundred fifty (150) feet. C. Minimum Yard Setbacks: 1) Front Yards: Thirty (30) feet. 2) Side and Rear Yards: Twenty five (25) feet, except that no structure shall be less than fifty (50) feet from any Residential District. If side and rear yards are used for parking or loading/unloading, a strip twenty-five (25) feet in width along roadways and adjacent to Residential Districts shall be excepted and reserved as an open space or planting strip. D. Maximum Structure Height: Not to exceed thirty-five (35) feet. However, this may be exceeded upon written approval by the State Fire Marshall of an approved on site fire protection system, and/or the Planning Commission. In no event shall height exceed a maximum of seventy-five (75) feet. E. Maximum F. Building Permit Application Requirements: Any application for a building permit for a use located in this District shall be accompanied by: 1) A plot or site plan of the gross property, showing the location of all present and proposed building drives, parking lots, utilities, waste disposal fields, screening fences or walls and other construction features on the lot as well as streets, alleys, highways, streams and other topographical features inside the lot and within 200 feet of the lot lines. 2) Building, structural and site plans and specifications prepared by a registered architect, engineer or landscape architect. 3) A description of the operations proposed in sufficient detail to indicate the effects of those operations on producing traffic congestion, noise, glare, air or water pollution, fire or safety hazards or the emission of any potentially harmful or obnoxious matter or radiation. 4) Engineering and architectural plans for the pre-treatment and disposal of sewage or industrial waste or any unusable by-product. 5) Engineering and architectural plans for the handling of any traffic congestion, noise, glare, air or water pollution, fire or safety hazards or the emission of any potentially harmful or obnoxious matter or radiation. G. Use Requirements: 1) Activities in this District shall be carried on in completely enclosed buildings, except by written approval of the Planning Commission. Storage or activities may be permitted outdoors, provided that when within one hundred (100) feet of any other District, all storage or activities shall be in a completely enclosed building or shall be effectively screened by a wall, fence or earth berm that shall be at least two (2) feet above the highest point of stored material or activity. 2) Noise emanating from a use in this District shall not exceed eighty (80) decibels at the boundaries of the lot. Short intermittent noise peaks (not to exceed 10 seconds in length) may be expected, but not to exceed more than one noise peak per hour. 3) Uses in this District shall be such that they: a) Emit no obnoxious, toxic or corrosive smoke, fumes or gases; except for those produced by internal combustion engines under design and operating conditions. b) Emit no odorous gases or other odorous matter in such quantities as to be offensive at or beyond any point on the boundary of the parcel, provided that any process which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. c) Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior to or subsequent to processing. d) Produce no heat, glare, noise or physical vibrations humanly perceptible at or beyond the boundary lines. e) Utilize all lighting in a manner which produces no glare on public streets or any other parcel. f) Produce no electromagnetic radiation or radioactive emissions injurious to human beings, animals or vegetation, or of any intensity that interferes with the lawful use of any other property. g) Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production. H. Lighting: Shall be installed and operated in a manner such that no illumination source shall create glare on any public street or exceed one (1) foot candle on adjoining property. I. Vehicular Access: Shall be designed and located as to create a minimum interference with traffic on the surrounding public streets. No more than two (2) driveways, each a minimum of eighteen feet, but not to exceed thirty (30) feet in width at the property line, shall be permitted on each street frontage. No motor vehicle driveway access to this District shall be through any other Zoning District. J. Off-Street Parking and Loading/Unloading Requirements: Must meet the requirements of the Sections entitled "Off-Street Parking" and "(Un)loading Space Requirements." K Snow Storage: On-site snow storage shall be provided for in the amount of ten (10) percent of the total required parking space. This storage amount shall be in addition to the required parking space. All snow storage and removal must be accomplished in such a manner as to not infringe on adjoining property. Removal must be done in accordance with all Township, County, and State rules and laws and must be accomplished during normal use hours. In addition, snow removal shall be performed in such a manner as to not interfere with the public health, safety and welfare, including, but not limited to, infringement upon the rights of adjoining property and the right to unobstructed visibility near roadways. L. Signs: All signs to be located outside any building in an Industrial District shall conform to the following requirements: 1) They may be placed flat against the main building, or parallel to the building on a canopy. No signs or billboards shall be placed over a public right-of-way. Signs shall not be installed in an Industrial District, without detailed plans and specifications regarding height, size, construction materials, location and appearance, and the subsequent approval of the Planning Commission. Each individual sign shall be determined on an individual basis, with regard to the aforementioned criteria. 2) They may not exceed in height, thirty (30) percent of the building height, and a total area of all signs shall not exceed thirty (30) percent of the area of the nearest building face with which the signs are parallel. A sign shall not exceed eighty (80) square feet in area on each face. 3) Signs may be illuminated, but not flashing. 4) One additional sign may be placed free-standing or attached to the building, but not extending over a public right-of-way, near one entrance on each street upon which the lot or parcel fronts. Such a sign shall convey only the identification of the permitted use, shall be located so that view of traffic is not obstructed for pedestrians and motorists and may not exceed twenty-five (25) square feet in area. 5) Signs purely for traffic regulation and direction within a development may be utilized as required, but may not exceed four (4) square feet. M. Site Plan Review: In addition to all previous requirements of this Section, all industrial projects must prepare a scaled site plan, showing all existing and proposed buildings, utilities, parking, open spaces and roads, which must be submitted for approval to the Zoning Administrator. At the discretion of the Zoning Administrator, the plan may also be submitted for approval by the Planning Commission. N. Grass. All developed or undeveloped lots shall be seeded with grass, except by permission of the Planning Commission. M-1 MANUFACTURING
PURPOSE
This District is established for the purpose of encouraging within it the development of manufacturing, and other land uses wholly compatible with all other uses permitted in the Township. In general, the permitted uses include those which are a type not requiring the customer to call at the place of business, but normally have contact by mail or agent. PERMITTED USES In this District, no building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered or enlarged, except for the following uses: A. Manufacturing B. Waste Storage Facilities C. Junk yards and salvage yards. D. Stone cutting and monuments. E. Lumber mills. F. The incineration, reduction or dumping of feces or garbage ACCESSORY BUILDINGS A. Accessory buildings are permitted, but not prior to erection of the principal buildings, unless by prior written approval of the Planning Commission. B. Accessory buildings shall not occupy more than fifteen (15) percent of total lot size, nor shall it be closer to any front or rear lot line than twenty five (25) feet, or ten (10) feet, in the case of a side yard. C. One accessory building per structure is permitted, but may not exceed 400 square feet each. D. No part of any front yard shall be used for an accessory building, REQUIREMENTS
A. Minimum B. Minimum Lot Width: One hundred fifty (150) feet. C. Minimum Yard Setbacks: 1) Front Yards: Thirty (30) feet. 2) Side and Rear Yards: Twenty five (25) feet, except that no structure shall be less than two hundred fifty (250) feet from any Residential District. If side and rear yards are used for parking or loading/unloading-, a strip twenty-five (25) feet in width along roadways and adjacent to Residential Districts shall be excepted and reserved as an open space or planting strip. D. Maximum Structure Height: Not to exceed thirty-five (35) feet. However, this may be exceeded upon written approval by the State Fire Marshall of an approved on-site fire protection system, up to a maximum of seventy-five (75) feet. E. Maximum F. Building Permit Application Requirements: Any application for a building permit for a use located in this District shall be accompanied by: 1) A plot or site plan of the gross property, showing the location of all present and proposed building drives, parking lots, utilities, waste disposal fields, screening fences or walls and other construction features on the lot as well as streets, alleys, highways, streams and other topographical features inside the lot and within 200 feet of the lot lines. 2) Building, structural and site plans and specifications prepared by a registered architect, engineer or landscape architect. 3) A description of the operations proposed in sufficient detail to indicate the effects of those operations on producing traffic congestion, noise, glare, air or water pollution, fire or safety hazards or the emission of any potentially harmful or obnoxious matter or radiation. 4) Engineering and architectural plans for the pre-treatment and disposal of sewage or industrial waste or any unusable by-product. 5) Engineering and architectural plans for the handling of any traffic congestion, noise, glare, air or water pollution, fire or safety hazards or the emission of any potentially harmful or obnoxious matter or radiation. G. Use Requirements: 1) Activities in this District shall be carried on in completely enclosed buildings, except by approval of the Planning Commission. Storage or activities may be permitted outdoors, provided that when within one hundred (100) feet of any other District, all storage or activities shall be in a completely enclosed building or shall be effectively screened by a wall, fence or earth berm that shall be at least five (5) feet above the highest point of stored material or activity. 2) Noise emanating from a use in this District shall not exceed sixty-five (65) decibels at the boundaries of the lot. Short intermittent noise peaks (not to exceed 10 seconds in length) may be expected, but not to exceed more than one noise peak per hour. 3) Uses in this District shall be such that they: a) Emit no obnoxious, toxic or corrosive smoke, fumes or gases; except for those produced by internal combustion engines under design and operating conditions. b) Emit no odorous gases or other odorous matter in such quantities as to be offensive at or beyond any point on the boundary of the parcel, provided that any process which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. c) Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior to or subsequent to processing. d) Produce no heat, glare, noise or physical vibrations humanly perceptible at or beyond the boundary lines. e) Utilize all lighting in a manner which produces no glare on public streets or any other parcel. f) Produce no electromagnetic radiation or radioactive emissions injurious to human beings, animals or vegetation, or of any intensity that interferes with the lawful use of any other property. g) Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production. H. Lighting: Shall be installed and operated in a manner such that no illumination source shall create glare on any public street or exceed one (1) foot candle on adjoining property. I. Vehicular Access: Shall be designed and located as to create a minimum interference with traffic on the surrounding public streets. No more than two (2) driveways, each a minimum of eighteen feet, but not to exceed thirty (30) feet in width at the property line, shall be permitted on each street frontage. No motor vehicle driveway access to this District shall be through any other Zoning District. J. Off-Street Parking and Loading/Unloading Requirements: Must meet the requirements of the Sections entitled "Off-Street Parking" and "(Un)loading Space Requirements." K. Snow Storage: On-site snow storage shall be provided for in the amount of ten (10) percent of the total required parking space. This storage amount shall be in addition to the required parking space. All snow storage and removal must be accomplished in such a manner as to not infringe on adjoining property. Removal must be done in accordance with all Township, County, and State rules and laws and must be accomplished during normal use hours. In addition, snow removal shall be performed in such a manner as to not interfere with the public health, safety and welfare, including, but not limited to, infringement upon the rights of adjoining property and the right to unobstructed visibility near roadways. L. Signs: All signs to be located outside any building in an Industrial District shall conform to the following requirements: 1) They may be placed flat against the main building, or parallel to the building on a canopy. No signs or billboards shall be placed over a public right-of-way. Signs shall not be installed in an Industrial District, without detailed plans and specifications regarding height, size, construction materials, location and appearance, and the subsequent approval of the Planning Commission. Each individual sign shall be determined on an individual basis, with regard to the aforementioned criteria. 2) They may not exceed in height, thirty (30) percent of the building height, and a total area of all signs shall not exceed thirty (30) percent of the area of the nearest building face with which the signs are parallel. A sign shall not exceed eighty (80) square feet in area on each face. 3) Signs may be illuminated, but not flashing. 4) One additional sign may be placed free-standing or attached to the building, but not extending over a public right-of-way, near one entrance on each street upon which the lot or parcel fronts. Such a sign shall convey only the identification of the permitted use, shall be located so that view of traffic is not obstructed for pedestrians and motorists and may not exceed twenty-five (25) square feet in area. 5) Signs purely for traffic regulation and direction within the development may be utilized as required, but may not exceed four (4) square feet. M. Grass. All developed or undeveloped lots shall be seeded with grass, except by permission of the Planning Commission. R.A.F.: RECREATION, AGRICULTURE AND FORESTRY DISTRICT
PURPOSE
The primary intended use of this District is to promote the proper use, enjoyment and conservation of the natural and other resources of the Township, peculiarly adapted to recreational and agricultural uses and/or forest industries. To facilitate such uses, certain commercial and other services may be permitted by Special Approval. PERMITTED USES
A. All permitted uses under the R-1: Single Family Residential District. B. Plant nurseries and greenhouses. C. All farm buildings and structures customarily utilized in farming operations. D. Roadside stands for the sale of farm products provided that the location of the stand, parking, entry and exit from a public road be approved by the County Road Commission as safe and adequate. E. Parks and playgrounds, including customary buildings and structures. F. Professional offices. G. Hunting, fishing and trapping, including cabins thereof. H. Forest industries. I. Production of forest products. J. Harvesting of any native or wild crops permitted by law, such as marsh hay, berries and seeds. K. Hydroelectric plants, dam and flowage areas. L. Trailer coaches. M. Farms, including production of field, fruit, hay crops, livestock, pasture, wood lots and farm forestry. N. Seasonal recreation facilities. ACCESSORY BUILDINGS A. Accessory buildings are permitted, but not prior to erection of the principal buildings, unless by prior written approval of the Planning Commission. B. Accessory buildings shall not occupy more than fifteen (15) percent of total lot size, nor shall it be closer to any front or rear lot line than twenty five (25) feet, or ten (10) feet, in the case of a side yard. C. One accessory building per structure is permitted, but may not exceed 400 square feet each. D. No part of any front yard shall be used for an accessory building, PERMITTED USES BY CONDITIONAL USE PERMIT A. Archery and shooting ranges. Any conditional use permit shall require that noise emanating from any permitted use shall not exceed sixty-five (65) decibels at the boundaries of the lot and shall provide for hours of operation which shall not include operation between the hours of 8:00 p.m. to 8:00 a.m. REQUIREMENTS The following minimum dimensions for lot area, width and floor area, together with maximum dimensions for lot coverage and structure heights, shall be required for every land use in this District, except as noted: A. Minimum Lot Area: Fifteen thousand (15,000) square feet. For lots without public sewage service (with wells and septic system) the minimum lot area shall be 1) based on the approval of a septic system by the Western U.P. Health Department and 2) not smaller than the minimum lot size for lots with public water and sewage service. B. Minimum Lot Width: Sixty (60) feet along a street upon which a lot fronts. C. Minimum Yard Setbacks. 1) Front Yard- Twenty (20) feet. 2) Side Yard: Seven (7) feet minimum for both interior and corner lots. 3) Rear Yard: Ten (10) feet. D. Maximum Structure Height: Not to exceed thirty-five (35) feet. Accessory buildings shall not exceed a height of fifteen (15) feet. E. Minimum Finished Living Space: Six hundred (600) square feet for the total of all floors. F. Maximum G. Site Plan Review: In addition to all previous requirements of this Section, all construction projects must prepare a scaled site plan, showing all existing and proposed buildings, utilities, parking, open spaces and roads, which must be submitted for approval to the Zoning Administrator. At the discretion of the Zoning Administrator, the plan may also be submitted for approval by the Planning Commission. SEASONAL RECREATION FACILITIES Seasonal recreation facilities include camps, cottages and other recreation oriented structures not intended for long-term occupation. A structure shall be deemed a seasonal facility if occupancy is less than ninety (90) days per calendar year. In the case of seasonal recreational facilities, the minimum finished living space may be two hundred (200) square feet. Seasonal recreation facilities shall also be located a minimum of two hundred (200) feet from any County right-of-way. SIGNS No signs or billboards shall be placed on or over a lot or public right-of-way in an R.A.F. District, without detailed plans and specifications regarding height, size, construction materials, location and appearance, and the subsequent approval of the Planning Commission. Each individual sign shall be determined on an individual basis, with regard to the aforementioned criteria. ARTICLE V LANDS FRONTING ON
On all lands fronting on Lake Superior, the harvesting of timber or the construction of roads within one hundred and fifty (150) feet of the high water mark of Construction of structures shall be setback a minimum of fifty (50) feet from the top bluff line of ARTICLE VI PROPERTY USES ON LAKES AND STREAMS
No cabins or buildings of any kind shall be constructed on any streams or inland lakes less than fifty (50) feet from the water's edge, without first receiving a conditional use permit from the Planning Commission. No wholesale cutting of timber shall be allowed less than one hundred (100) feet from the water's edge on any stream or inland lake, without first receiving a conditional use permit from the Planning Commission. ARTICLE VII HOME OCCUPATIONS
PURPOSE A home occupation is an accessory use of the main dwelling that shall constitute either entirely or partially the livelihood of a person living in the dwelling, provided it comply with all applicable performance standards. A home occupation is also a use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. PROHIBITED HOME OCCUPATIONS The following are prohibited as home occupations: 1. Amusement or dance parlor. 2. Funeral home or chapel. 3. Health salons or gyms. 4. Kennel or other boarding of animals. 5. Medical or dental clinic or hospital. 6. Motor vehicle repair, parts sales, upholstery, sales, or fleet storage. 7. Nursing homes. 8. Private clubs. 9. Repair or testing of internal combustion engines. 10. Restaurants. 11. Taverns, bars, nightclubs. 12. Veterinary clinic or animal hospital. 13. Similar types of businesses as the above, as determined by the Planning Commission. The above list is not all inclusive. PERMITTED HOME OCCUPATIONS. The use of a single family residence by an occupant of same for a home occupation to give instruction in a craft or fine arts is permitted, but the Planning Commission may impose such regulations concerning noise, traffic, hours of operation, and other conditions as are consistent with this Ordinance and the public health, safety, and welfare. PERFORMANCE STANDARDS A home occupation must be conducted in compliance with the following standards and limitations. A. The occupation should not be the primary use of the dwelling. It should occupy no more than twenty-five (25) percent of the gross floor area, except by issuance of a conditional use permit. B. The business does not change the residential character of the dwelling, is not visible from the street, and does not result in outside storage unrelated to the use of the dwelling as a residence. C. It shall have no signs visible from the street, except signs allowed under this ordinance for that particular District. D. It shall not include the use of electrical or mechanical equipment that would change the fire rating of the structure, create visible or audible interference in radio and/or television receivers or cause fluctuations in line voltage outside the dwelling. E. It shall have no more than one (1) full-time employee on the premises which is not a resident of the premises, except by conditional use permit. F. It shall not create objectionable noises ten (10) decibels above ambient at the property lines, noticeable vibrations or objectionable odor at the property lines. G. It shall not generate sewage or water use in excess of what is normal in the District in which it is located. H. It shall not create vehicular nor pedestrian traffic, nor parking in excess of what is normal for the District in which it is located. I. Signs shall be limited to one (1) non-illuminating name plate, measuring one (1) foot by two (2) feet in size, and shall be attached flush to the front of the building. J. Home occupation shall be registered with the Township Supervisor by an annual date each year and pay the annual fee for same as established by the Township Board. APPLICATION REQUIRED An applicant shall apply with the Township Supervisor, pay the necessary fee and be approved by the Planning Commission prior to commencement of a home occupation. If a special Planning Commission meeting is desired by the applicant, prior to the regularly scheduled Planning Commission meeting, the applicant shall be assessed all Township incurred costs for holding the special meeting. Any proposed home occupation that is not listed in the "Prohibited Home Occupations" section shall be considered for approval or denial by the Planning Commission, upon consideration of the applicable "Performance Standards". In many cases, determination whether a proposed use may be conducted in a dwelling will rest on the nature and extent of the particular, operation, rather than its classification. The Planning Commission’s approval of a home occupation shall be evidenced by a home occupation permit. Any violation of any of the above conditions or failure to obtain a home occupation permit, will result in revocation of approval to conduct said operation, subject to enforcement action if operations do not cease within seven (7) calendar days of notification. ARTICLE VIII CONDITIONAL USES
PURPOSE In order to make this Ordinance flexible to meet the changing trends in development and new technology, the authorization of special uses to be conducted upon approval of the Planning Commission is made. In this way, the Ordinance does not become a rigid document that cannot be altered, but serves as a guideline upon which the Planning Commission, with the approval of the Township Board, may make enlightened judgments keeping developments within the general philosophy of this Ordinance. Land and structure uses not specifically mentioned in the foregoing text or possessing unique characteristics, are designated as conditional uses and, as such, may be authorized by the issuance of conditional use permits, with such conditions and safeguards attached in writing as may be deemed necessary for the protection of the pubic welfare. Mobile Home Parks For a new mobile home park or seasonal mobile home park refer to the Mobile Home Park Ordinance. A Conditional Use Permit is a permit issued by the Planning Commission to an applicant for a use not in accordance with the provisions of this Ordinance, but which use will not be detrimental to the surrounding area, along with being required to meet and maintain certain criteria called performance standards. Conditional Use Permits are: (1) granted on a case by-case basis, (2) granted for a term of up to one year, whereafter annual extensions shall be given at the discretion of the Planning Commission and (3) may be revoked at any time, at the discretion of the Planning Commission, if said performance standards are not complied with. The Township Clerk shall keep records concerning the issuance of conditional use permits. In that conditional use permits are issued on an annual basis, there shall be an annual fee of $20.00, or such other fee as may be established by the Township Board from time to time. PROCEDURES FOR MAKING APPLICATION The following procedures shall be followed for application of conditional use permits: A. Application submitted to the Planning Commission: Applications with the applicable fee shall be submitted through the Township Supervisor to the Planning Commission. B. Data Required in Application: Application shall be made listing the following information: 1) Name of applicant and the name of the owner of the premises. 2) Legally recorded description of the property. 3) Scale drawings of the total property involved, showing the location of all abutting streets, the location of all existing and proposed structures, parking facilities, water and sewer systems, the types of buildings and their uses. In addition, the site plan should show the use of all property within five hundred (500) feet of the property requesting the issuance of a conditional use permit. 4) Preliminary plans, specifications and uses of the proposed development. C. Review by the Planning Commission: The Planning Commission shall review the application and decide each application on the basis of whether or not the proposal will be harmonious with, and in accordance with, the general and specific objectives of this Ordinance and whether or not the proposal satisfies the performance standards. D. Notification of the Public: Upon receipt of an application for a conditional use permit, the following steps will be taken by the Zoning Administrator and the Planning Commission: 1) Once notice that a request for a conditional use permit has been received, one (1) notice of same shall be published in the Ironwood Daily Globe. 2) Copies of said notice will also be sent, by certified mail, to the persons who made the application, in addition to all property owners and occupants of structures within three hundred (300) feet of the property requesting issuance of a conditional use permit. If the name of an occupant is unknown, the term "occupant" may be used in the notice. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or special area owned or leased by different individuals, one occupant of each unit or special area shall receive notice. In the case where there are more than four (4) dwelling units in a structure or other distinct special areas owned or leased by different individuals, notification will be made to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance( s) to the structure. If the applicant has common ownership of contiguous properties, the notice shall be extended three hundred (300) feet from the common ownership boundaries. 3) The notice shall not be made less than five (5), nor more than fifteen (15) calendar days before the application will be considered. 4) The notice shall: a) Describe the nature of the request for conditional use permit. b) Indicate the property which is the subject of the request considered. c) State when and where the application will be considered. d) Indicate when and where written comments to the request can be made. e) Indicate that a public hearing on the request may be requested, by any property owner or the occupant of any structure located within three hundred (300) feet of the property being considered. If the applicant has common ownership of contiguous properties, the notice shall be extended three hundred (300) feet from the common ownership boundaries. E. Public Hearing: A public hearing on an application for issuance of a conditional use permit may be requested by the Zoning Administrator or the Planning Commission, or upon the request of the applicant, property owner or occupant of a structure located within three hundred (300) feet of the property under consideration. Notice of the public hearing shall be provided as specified in section D, above. The Planning Commission shall consider all public input into its consideration for the issuance of the conditional use permit. F. Issuance of Conditional Use Permit: The Planning Commission may deny, approve or approve with conditions all requests for a conditional use permit. If approved, the Planning Commission and applicant shall enter into a written agreement concerning exact plans, specifications and conditions to be met by the applicant in accordance with the approval. If the Planning Commission denies a request for a conditional use permit, it will submit, in writing to the applicant, notice of such denial and the factual basis for same. G. Appeal: Any resident of the township shall have the right to appeal any conditional use permit decision of the Planning Commission to the Township Board. Such appeal must be made in writing and submitted to the Township Clerk within 60 days of the decision of the Planning Commission. CANCELLATION OF CONDITIONAL USE PERMIT The Planning Commission may cancel any conditional use permit-when use authorized by said permit has not commenced within 180 days of the date of issuance of said conditional use permit or any of the conditions to be met by the applicant are violated. The Planning Commission may, at its discretion, choose not to renew the annual extension or may choose to revoke, at any time, the Conditional Use Permit if any Performance standards are not complied with. ARTICLE IX REZONING
PURPOSE In order to make this Ordinance flexible to meet the changing trends in development and new technology, the rezoning of districts is authorized upon approval of the Planning Commission and the Township Board. In this way, the Ordinance does not become a rigid document that cannot be altered, but serves as a guideline upon which the Planning Commission, with the approval of the Township Board, may make enlightened judgments keeping developments within the general philosophy of this Ordinance. A Rezoning is a changing of zoning classification, which use will not be detrimental to the surrounding area, along with being a better use of the property than what the property was originally zoned for. A rezoning shall not be granted if: 1) an individual parcel less than 40 acres, is not adjoined to the zoning classification the rezoning is requested for; 2) the rezoning serves to benefit an individual land owner, rather than the broad public interest; 3) the rezoning is not a more logical use for the property and 4) the new zoning classification will be a detriment to public health, safety and welfare. PROCEDURES FOR MAKING APPLICATION The following procedures shall be followed in application for rezoning: A. Application submitted to the Planning Commission: Applications shall be submitted through the Township Supervisor to the Planning Commission. B. Data Required in Application: Application shall be made listing the following information: 1) Name of applicant and the name of the owner of the premises. 2) Legally recorded description of the properties requested for rezoning. 3) Scale drawings of the total property involved, showing the location of all abutting streets, the location of all existing and proposed structures, parking facilities, water and sewer systems, the types of buildings and their uses. In addition, the site plan should show the use of all property within five hundred (500) feet of the property requesting rezoning. 4) Preliminary plans, specifications and uses of the proposed development. C. Review by the Planning Commission: The Planning Commission shall review the application and decide each application on the basis of whether or not the proposal will be harmonious with, and in accordance with, the general and specific objectives of this Ordinance and the applicable performance standards. D. Notification of the Public: Upon receipt of an application for rezoning the following steps will be taken by the Zoning Administrator and the Planning Commission: 1) Two (2) notices of hearing shall be published in the Ironwood Daily Globe. The first notice must be published not more than thirty (30) days nor less than twenty (20) days before the hearing. The second notice must be published not more than eight (8) days before the hearing. 2) At least eight (8) days before the hearing, copies of said notice will also be sent, to the person(s) who made the application, in addition to all property owners and occupants of all single and 2-family dwellings within three hundred (300) feet of the property requesting rezoning. If the name of an occupant is unknown, the term "occupant" may be used in the notice. If the applicant has common ownership of contiguous properties, the notice shall be extended three hundred (300) feet from the common ownership boundaries. 3) Not less than twenty (20) days notice of the time and place of the hearing shall also be given by mail to each electric, gas, pipeline, and telephone public utility company, and to each railroad operating within the district or zone affected, that registers its name and mailing address with the Township Planning Commission for the purpose of receiving the notice. 4) An affidavit of mailing shall be maintained for all notices. 5) The notice shall: a) Describe the nature of the requested rezoning. b) Indicate the properties which are the subject of the request. c) State when and where the public hearing will be held. d) Indicate that comments to the request can be made at the public hearing. E. Public Hearing: A public hearing on an application for rezoning must be held by the Planning Commission. The hearing must be held in conformance with the above notice provisions and the Open Meetings Act, MCL 15.261, et seq. The Planning Commission shall consider all public input into its consideration for rezoning. F. Rezoning of Properties: The Township Planning Commission shall transmit a summary of comments received at the public hearing and its proposed zoning amendments and map to the Township Board. The Township Board may hold additional hearings if the Township Board considers it necessary. Notice of any public hearing held by the Township Board shall be published in a newspaper which circulates in the Township. The notice shall be published not more than 15 days nor less than 5 days before the hearing. If the Township Board considers additional amendments not in the text provided by the Planning Commission, the Township Board shall refer those amendments to the Planning Commission for a report thereon within the time specified by the Township Board. The Township Board shall grant a hearing on a proposed Ordinance provision to any property owner who by certified mail addressed to the clerk of the Township Board requests a hearing and the Township Board shall request the Planning Commission to attend the hearing. After any hearings called for, or after a regular meeting or at a special meeting, the Township Board may adopt, by majority vote, amendments to this Zoning Ordinance. Any amendments shall take effect seven (7) days after publication of same, unless a later date is specified by the Township Board. ARTICLE X VARIANCES
PURPOSE The Zoning Board of Appeals shall have the power to authorize, upon an application specific variances from such dimensional requirements as lot width and area regulations, structure height and bulk regulations, yard width and depth regulations, setbacks and such provision requirements as, off-street parking and loading space, as specified in this Ordinance, when ALL of the conditions in the following are satisfied. CONDITIONS A. Dimensional zoning requirements cannot be physically met by an existing lot due to narrowness, shallowness, irregular shape, or topography or natural characteristics of the site that inhibit the lawful location of a structure or its accessory. B. The physical hardship is unique and not shared by neighboring properties in the same zone. If the Zoning Board of Appeals finds that the hardship is not unique, amending the Ordinance or rezoning can be pursued. C The practical difficulty was not created by an action of the applicant and either existed at the time of adoption of the requirement from which the variance is requested, or is necessary as a result of a government action. D. The variance would not alter the essential character of the area or neighborhood. E. The conditions upon which the petition for variance is based would not be applicable to other property within the same zoned district. F. The purpose of the variance request is not based merely upon a desire to generate greater revenue out of the property. G. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood, in which the property is located. H. The variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood. I. The variance is the minimum variation necessary to permit reasonable use of the land and building. RULES In addition to the foregoing conditions, the following rules shall be applied in the granting of variances: A. In granting a variance, the ZBA shall specify, in writing, to the applicant, such conditions in connection with the granting that will, in its judgment, secure substantially the objectives of the regulation or provision to which such variance applies. The breach of any such condition automatically invalidates the permit granted. B. Each variance granted under the provisions of this Ordinance shall become null and void, unless: 1) The construction authorized by such variance or permit has been commenced within ninety (90) days after the granting of the variance and is being carried progressively to completion. 2) The occupancy of land, premises or buildings authorized by the variance has taken place within one (1) year after the variance was granted. C. No application for variance which has been denied wholly or in part by the ZBA, shall be resubmitted for a period of one (1) year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions, found upon inspection by the ZBA to be valid. Under all these circumstances, the only reduction or modification that shall be authorized, is that necessary to overcome the evidenced difficulty; or as specifically authorized in other Sections of this Ordinance, but in no case, shall the requirements be reduced by more than fifty (50) percent, except that the Zoning Board of Appeals may permit construction beyond the front yard setback when sixty (60) percent of the buildings on the same block frontage do not meet the current standards, up to the average setback of ALL buildings, excluding accessory structures, on said block front Appointment of Zoning Board of Appeals. The Township Zoning Board of Appeals (ZBA) shall be appointed by the Township Board as prescribed by statute with all the powers and authority prescribed by law or delegated to it under specific provisions of this Ordinance. The ZBA shall consist of five members; one member shall be a member of the Township Planning Commission. An elected officer of the Township shall not serve as chairman of the ZBA and an employee or contractor of the Township Board may not serve as a member or an employee of the ZBA. However, one member of the ZBA shall be a member of the Township Board. Term of Office. The term of each member of the ZBA shall be for three years, or until a successor has been appointed and qualified. Staggered terms shall be affected. Members on the ZBA from the Township Board and from the Planning Commission shall have terms limited to their respective other official terms, or to such lesser period determined by resolution of the Township Board. Conflict of Interest. A ZBA member shall disqualify himself/herself from a vote in which he/she has a conflict of interest. ARTICLE XI OFF-STREET PARKING
PURPOSE Parking spaces shall be provided and adequately maintained by each property owner in every zoning district for the storage of motor vehicles for use by occupants, employees and patrons of each building or structure constructed, altered or enlarged after the effective date of this Ordinance. FLOOR AREA, DEFINITION As used in this Section, the term "Floor Area," as applied to offices, merchandise or service types of uses, shall mean the gross floor area used or intended to be used for services, but excluding floor area so restricted that customers, patients, clients and the general public are denied access. PARKING SPACE REQUIREMENTS Parking space for motor vehicles in all districts, in connection with every residential, institutional, recreational, instructional, cultural, commercial and industrial land use shall be provided in accordance with the following: A. Dwelling: One (1) space for each dwelling unit or family in each dwelling. B. Auto Courts, Hotels, Motels: One (1) space for each sleeping room, plus two (2) spaces for operating personnel. C. Hospitals, Sanitariums, Nursing Homes, Homes for the Aged: One (1) space for every four (4) beds, plus one (1) space for every two (2) employees. D. Libraries, Museums, Post Offices: One (1) space for every 800 square feet of floor area, plus one (1) space for every three (3) employees. E. Schools: One (1) space for every two (2) employees, including administrators, teachers, and support personnel. F. Banks, Businesses and Professional Offices: One (1) space for every 200 square feet of floor area. G. Retail Stores: 1) Clothing, Furniture, Appliance, Automobiles, Machinery Sales, Wholesale Sales: One (1) space for every 800 square feet of floor area, plus one (1) space for every two (2) employees. 2) Supermarkets: One (1) space for every 200 square feet of floor area. 3) Barber and Beauty Shops: Two (2) spaces for each chair, plus one (1) space for every two (2) employees. 4) All other retail stores: One (1) space for every 200 square feet of floor area, plus one (1) space for every two (2) employees. H. Restaurants, Cafeterias: One (1) space for every five (5) patron seats, plus one (1) space for every four (4) employees. I. Places of Public Assembly (Churches, Stadiums, Theaters, etc.): One (1) space for every three (3) seats, plus one (1) space for every two employees. J. Industrial Establishments: One (1) space for every two (2) employees or one (1) space for every 200 square feet of gross floor area, whichever provides the greatest parking accommodation. K. Laundromats: One (1) space for every two (2) washing machines. L. Bowling Alleys: Five (5) spaces for each lane. M. Community Clubs, Dance Halls, Fraternal Organizations and Private Clubs: One (1) space for every one hundred (100) square feet of usable floor area. LOCATION OF PARKING AREAS Off-street parking areas shall be located near the use they are intended to serve: A. All Residential Districts: Parking requirements shall be on the same or adjacent lot for any use in a Residential District. B. Commercial Uses: On the same lot or on immediate premises of the developed site, must be within 500 feet, measured from the nearest point of the parking lot to the nearest pedestrian entrance and exit to the building. C. Public and D. Driveways and Entrance/Exit Approaches: Shall be paved if the grade exceeds eight (8) percent. DESIGN AND CONSTRUCTION REQUIREMENTS The following design and construction standards shall be followed in all off-street parking areas. A. In all zoning districts except those listed in (C.) below, a minimum of 280 square feet of surface shall be provided for vehicular parking, with each space being clearly designated and accessible separately from public street or highway. Except by permission of the Planning Commission, the parking lot must be gravel and graded to specifications established by the Planning Commission or paved. B. Except for a parking space provided on Residential lots, an access drive shall be provided, of not less than twenty (20) feet wide. C. In the industrial, commercial, residential transition, and manufacturing districts, no parking lot shall be less than 1,000 square feet in area, except by written permission of the Planning Commission. Except by permission of the Planning Commission, the parking lot must be gravel and graded to specifications established by the Planning Commission or paved. D. Parking areas shall be surfaced with a material that will provide a durable and smooth surface and shall be graded and provided with adequate drainage facilities, all as approved by the Township Building Inspector. E. When a parking area for four (4) or more vehicles adjoins a Residential area, a buffer strip at least twenty (20) feet wide shall be provided between the parking area and the adjoining property. The buffer strip shall be attractively landscaped or provided with vertical screening, not less than eight (8) feet in height. F. Parking areas located on a Commercial zoned parcel shall be at least twenty (20) feet from any Residential zoned parcel. G. If any parking area on a Commercially zoned parcel is to be located in the yard adjacent to a Residential zoned parcel, the parking area shall be screened either by an eight (8) foot fence or wall, or by evergreen shrubbery at least four (4) feet in height at planting time, which is located in and for the full length of the area separating the parking area from the adjacent Residential zoned parcel lot line. Spacing of shrubbery, as well as variety of shrubbery used, will be determined by the Planning Commission. H. Paved parking may be required if drainage or dust problems arise that constitute a public nuisance or a hazard to public health or safety. INCREASES IN PARKING AREAS Any increase in effective capacity of any premise(s) use for which off-street parking is required, shall be accompanied by the provision and maintenance of parking spaces in proper ratio to the increased. JOINT USE OF PARKING AREAS In situations where joint use or parking facilities by two (2) or more uses is practicable and satisfactory to each of the uses intended to be served, joint use of parking facilities shall be approved by the Planning Commission. ARTICLE XII (UN)LOADING SPACE REQUIREMENTS
PURPOSE In order to prevent undue interference with public use of streets and alleys, every manufacturing storage, warehouse, department store, wholesale store, retail store, market, motel, hotel, hospital, laundry, dry cleaning, dairy, mortuary and other uses similarly and customarily receiving and distributing goods by motor vehicle, shall provide space on the premises for that number of vehicles that will be on the premises at the same time on an average day of full use. Every structure, housing such a use, and having over 5,000 square feet of gross floor area, shall provide at least one (1) truck standing, loading and unloading space on the premises, not less than twelve (12) feet in width, sixty (60) feet in length, and fourteen (14) feet in height. STORAGE OF REFUSE All space required for the accumulation and out-loading of garbage, trash, scrap, waste products and empty containers within Residential or Commercial Districts, shall be provided entirely within a building or screened area. ACCESS TO A TRUCK STANDING, LOADING AND UNLOADING SPACE Access shall be provided directly from a public street or alley, or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of truck vehicles. ADDITIONAL TO PARKING SPACE Loading space as required under this Section shall be provided as area additional to off-street parking space. ARTICLE XIII FENCES AND OBSCURING WALLS
PERMITS No fence or obscuring wall shall hereafter be erected or altered within any District, without first obtaining a permit from the Township Supervisor. No new permanent barbed wire fences will be permitted in the Township without the approval of the Planning Commission. PLACEMENT AND HEIGHT A. Front Yard: No permanent fence shall be erected on the front lot line which exceeds thirty-six (36) inches in height. B. Side Yard: No fence shall be erected on the side yard lot line which exceeds six (6) feet in height; provided, however, that no fence exceeding thirty-six (36) inches in height above the established grade shall be erected or maintained nearer the front property line than the front line of the main dwelling thereon. C. Rear Yard: No fence shall be erected on the rear lot line which exceeds -six (6) feet in height. D. Corner Lots: No fence over thirty-six (36) inches in height above the established sidewalk grade shall be permitted within twenty (20) feet of any street intersection, so as to interfere with traffic visibility. E. Commercial and Industrial Districts: When a commercial or industrial district parcel is located adjacent to any R- 1, TR-1, R-2 or R.A.F. district or parcel, a fence or obscuring wall of at least six (6) feet in height for commercial properties and twelve (12) feet in height for industrial properties shall be installed prior to commencement of activities on the commercial or industrial property. OPENINGS AND CONSTRUCTION REQUIREMENTS A. All walls required in this title shall be constructed of materials, approved by the Building Inspector, to be durable, weather resistant, rustproof and fully maintained. B. Masonry walls shall be erected on a concrete foundation which shall have a minimum depth of forty-eight (48) inches below a grade approved by the Building Inspector and shall be no less than four (4) inches wider than the width of the wall to be erected. C. Masonry walls may be constructed with openings which do not, in any square section (height and width), exceed twenty (20) percent of the surface. Where walls are so pierced, the openings shall be placed as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed by the Building Inspector. POSITION OF FINISHED SIDE A. The finished side of any fence shall face away from the structure to be fenced in (the finished side shall face the neighbors). B. All cyclone fences shall have the finished edge on the top side. MAINTENANCE A. Fences must be maintained so as to not endanger life or property. Any fence which through lack of repair, type of construction or otherwise imperils life or property shall be deemed a nuisance. The Township Supervisor shall notify the owner of the property upon which the fence is located, of the existence of such a nuisance and that the nuisance must be abated. Notice shall be sent by certified mail, specifying the work to be done and the deadline for the conditions of this Section to be met. All expenses thereof, shall be assessed to the owner(s) for work conducted by the Township if compliance of the notice is not met by the deadline. In addition, action may be taken pursuant to the Nuisance Article of this Ordinance or pursuant to any other applicable law, Zoning Ordinance section or ordinance.
The maximum height of any communication structure (tower) shall not exceed four hundred fifty feet (450 feet). The structure may support multiple use devices such as approved antennas and satellite dishes not exceeding sixty feet (60’) height in all areas, except airport zoning areas, or other residential/commercial restricted zones. The Gogebic Airport Zoning Ordinance is hereby referenced and incorporated herein. A permit application must be filed with the Township Supervisor, accompanied by detailed drawings and site location sixty (60) days prior to proposed erection date to allow for public input before approval action. Documentation from the F.A.A. (Federal Aeronautics Agency), or other concerned regulatory agencies shall accompany this data. Application for a variance, or conditional use permit may be submitted, should site conditions warrant such action. Proper notification of intent shall be made to all property owners adjoining the proposed site. Written documentation shall be required and received by the Township Supervisor thirty (30) days prior to permit action. All entities must state their views regarding the proposed structure within this timeframe. This Article does not apply to public safety communications as provided under the Radio Broadcasting Stations Act, MCL 28.281, et seq. ARTICLE XV CONSTRUCTION DEBRIS DISPOSAL
Michigan Solid Waste Management Act, MCL 324.11501, et seq., specifically states that all construction materials shall be taken to a type 3 landfill for disposal. Hazardous or toxic waste materials must be placed in a type 1, or certified type 2 landfill. Compliance with N.E.S.H.A.P. (National Emission Standards for Hazardous Air Pollutants) disposal statutes is also required. It is a violation of the Solid Waste Management Act to bury, burn, or utilize any other method to dispose of these materials. Privately owned lands are not exempt from this statute. The Charter Township of Ironwood does indeed support and comply with the provisions of the Solid Waste Management Act. Violation of the articles of this Act could result in fines and other severe penalties. Refer to the Soil Removal Ordinance. Contact the Township Supervisor’s Office for the data specified on all types of waste. ARTICLE XVI ADMINISTRATION
ENFORCEMENT This Ordinance shall be enforced by the Zoning Administrator, Township Supervisor, or any other official, as may from time to time, be designated by the Township Board. Refer to Minicipal Civil Infraction Ordinance. VIOLATIONS Any person, corporation, firm or other entity who violates, disobeys, omits, neglects, or refuses to comply with any provision of this Ordinance or permit, license, or exception granted hereunder, or any lawful order of the Zoning Administrator, Zoning Board of Appeals, Planning Commission, or the Township Board, issued in pursuance of this Ordinance shall be guilty of a municipal civil infraction and shall be punished in accordance with the Township’s Municipal Civil Infraction Ordinance. Each day that a violation occurs shall be deemed a separate offense. In addition to the penalties that can be imposed under the Township’s Municipal Civil Infraction Ordinance, any violator shall be responsible for all costs of cleanup, plus costs incurred to rectify the problem, including administrative expenses and legal fees. Imposition of the penalties provided under the Township’s Municipal Civil Infraction Ordinance shall not exempt an offender from compliance with this Ordinance, or any permit, license, or exception granted hereunder, or any lawful order of the Zoning Administrator, Zoning Board of Appeals, Planning Commission, or the Township Board issued in pursuance of this Ordinance. The foregoing shall be in addition to the other rights of the Township to proceed at law or equity for other proper remedies. Persons filing a complaint concerning any infraction of the zoning ordinance shall do so in writing, submitting the document to the Township Supervisor for action. The Supervisor shall consult with the Township Board and/or Planning Commission prior to issuing the notice of ordinance infraction to the alleged violator. PROCEEDINGS The Zoning Administrator, the Township Board, or any owner of real estate may institute injunction, mandamus, abatement, or any other appropriate action or proceedings to prevent, enjoin, abate, or remove any unlawful erection, alteration, maintenance, violation, or nuisance. The rights and remedies provided herein are cumulative in addition to all other remedies provided by law. APPEAL Any final decision of the Planning Commission, Township Supervisor, and/or Zoning Administrator dealing with the provisions of this Ordinance may be appealed in writing within 30 days of the decision to the Township Board. OTHER PROHIBITIONS The Township Supervisor shall have the power to designate as public nuisances other situations that would create hazards to health and public safety, and prohibit them with concurrence of the Planning Commission in all non-emergency situations. These nuisances shall be subject to the penalties provided in this Section.
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