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Chesterfield Charter Township, MI
Macomb County
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[1]
Editor's Note: Former Art. III, which regulated bicycles, adopted by Ord. No. 79, effective 10-14-1983, was repealed 6-19-2000.
[Ord. No. 121,[1] § 1, 8-20-2001]
The purpose of this article is to:
(1) 
Promote the public health, safety and general welfare;
(2) 
Provide for the regulation of the parking and storage of recreational vehicles, camper enclosures, boats, ATVs, utility trailers, and snowmobiles in one- and two-family residentially zoned areas;
(3) 
Reduce traffic hazards;
(4) 
Maintain unobstructed access to public sidewalks, thoroughfares, and rights-of-way;
(5) 
Preserve the residential character of neighborhoods within the township;
(6) 
Provide access to residential structures in case of police, fire and health emergencies; and
(7) 
Control and regulate potential or actual fire hazards.
[1]
Editor's Note: This ordinance was originally adopted as Ch. 63 of the Code, but was redesignated as Ch. 62, Art. III, in order to maintain the organizational style of the Code.
[Ord. No. 121, § 2, 8-20-2001]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ATV
A motor-driven vehicle designed for travel primarily off-road and restricted from operating on residential streets and highways as mandated by the Michigan Secretary of State and the department of natural resources.
BOAT
Any vessel that requires registration from the secretary of state for traveling in or on water including an unpowered unit, a powered by oars, paddles, sail or motor, and a raft whether rigid or inflatable.
CAMPER ENCLOSURE
Any structure or enclosure designed for mounting on a pickup truck, sport utility vehicle, or truck chassis in such a manner as will provide temporary sleeping or living quarters for recreational, camping or travel use.
CORNER LOTS
As a lot or parcel abutting two road rights-of-way or easements. A lot or parcel bounded on two sides of a curved street, where any two chords from such curve form an angle of 135° or less shall also be considered a corner lot. For the purposes of this article, the front yard shall be considered the yard located between the principal front of the housing unit and the abutting road right-of-way or road easement, which is utilized for street addressing (purpose of mailing). Other yards abutting a road right-of-way or road easement shall be considered a street-side yard. Recreational unit(s) may be parked on the side yard of a residence as long as it is not parked closer than 15 feet of the side yard lot line.
ESTABLISHING DRIVEWAY
A private access intended to serve as ingress and egress for vehicular traffic between a public right-of-way and other areas of a site.
FRONT YARD
An open space extending the full width of the lot, the depth of which is the minimum distance between the front lot line and the front setback line.
HOMESTEAD
All of an owner's unoccupied property classified as residential that is adjoining or contiguous to the dwelling subject to ad valorem taxes and that is owned and occupied as a principal residence by the owner. Contiguity is not broken by a road or right-of-way.
REAR YARD
An open space extending the full width of the lot, the depth of which is the minimum distance between the real lot line and the rear setback line.
RECREATIONAL UNIT
Any recreational vehicle, camper enclosure, boat, ATV, utility trailer or snowmobile as described in these terms and definitions.
RECREATIONAL VEHICLE
A vehicular unit originally designed, permanently altered, or in process of alteration, in such a manner as will provide temporary living quarters for recreational, camping or travel use. A recreational vehicle may have its own motive power or may be designed to be drawn by a motor vehicle. The term "recreational vehicle" shall include, but is not limited to, a motor home, a truck camper, a travel trailer, a folding camper trailer, a converted van or a converted bus.
RESIDENTIAL AREA
Any one- and two-family residential district as defined in the zoning ordinance and on zoning maps of the township for single- and two-family residential purposes. Specifically, "residential area" shall include those zoning classifications R-1-A, R-1-B, R-1-C and R-2.
SETBACKS
Shall be defined as the minimum required distance from the centerline of a road or from front, side, and rear property lines, within which no building or structure shall be erected or permanently maintained. Such required setbacks are defined within the zoning ordinance.
SIDE YARD
An open space extending from the front yard to the rear yard the width of which is the horizontal distance from the nearest point of the side lot line to the side setback line.
SNOWMOBILE
A motor-driven vehicle designed for travel primarily on snow or ice, of a type which utilizes sled-type runners or skis, an endless belt tread, or any combination of these, or other similar means of contact with the surface on which it is operated.
UTILITY TRAILER
A vehicle without motive power, designed to be drawn by a motor vehicle, to be used for carrying property including, but not limited to, a boat, motorcycle, ATV, snowmobile or other equipment for recreational, camping or travel use.
[Ord. No. 121, § 3, 8-20-2001]
No person shall park or store any recreational unit upon public or private property in a residential area, except in strict conformance with the conditions set forth in this article.
(1) 
No recreational unit shall be parked or stored on a residential lot in the front yard setbacks of any residential property. A recreational unit it shall be parked or stored, unless otherwise permitted hereafter, in the following areas:
a. 
In an enclosed building, such as a garage, or
b. 
In the rear yard under the following condition: in such cases the unit(s) shall be parked or stored no closer than three feet from any window or door of any residential building and does not violate any township ordinance relating to health and safety standards.
c. 
In the side yard under the following conditions:
1. 
Recreation unit(s) may be stored in the yard provided there is a minimum space of three feet clearance from the dwelling, a minimum space of one foot clearance from the property line of the adjoining property and provide a minimum space of three feet clearance from neighbors dwelling.
2. 
No part of the recreational unit(s) shall be permitted to extend beyond the front yard setback.
3. 
Recreational unit(s) must be located on an apron that consists of pavement, asphalt or gravel, however such pavement, asphalt or gravel shall not obstruct the required drainage on site. An apron shall not exceed 50 feet in length or 10 feet in width.
4. 
In those cases where an apron currently exists, it shall meet all requirements of this article.
5. 
Prior to construction of a storage or parking apron, a permit shall be obtained from the building department (gravel apron will not require a permit). A permit shall be issued once it is determined that the apron complies with applicable setback requirements and engineering standards.
d. 
In the case of residential properties, yards abutting navigable waterways (canals, rivers and lakes) shall be considered the front yard and yards abutting the road shall be considered a rear yard. This provision is not intended to supersede other township ordinances.
e. 
When recreational unit(s) are parked or stored on residential property abutting navigable waterways (canals, rivers and lakes), it shall be stored in such a manner so as not to violate any township ordinance relating to health and safety standards.
f. 
A property owner may obtain from the township a permit that will allow for the temporary parking of said recreational unit in the driveway. The permit will be for a total of seven consecutive days, with a total of two permits per year, per street address at no charge to the resident. A permit shall be obtained from the township clerk's department. The clerk's department shall notify the building and zoning departments that such permit was granted.
(2) 
For a period of time commencing upon the date this article is effective and continuing unit January 1, 2002, a recreational unit may be parked or stored upon an established driveway in the front yard provided parking or storage in an enclosed building is not available and there is no parking or storage space available in the rear yard or side yard, subject to the following limitations:
a. 
The recreational unit shall be parked or stored no closer than six feet from any public sidewalk, or no closer than 10 feet from the front lot line where no public sidewalk exists.
b. 
No more than one recreational unit shall be permitted to be parked or stored upon any established driveway at one time. For purposes of this limitation, recreational units used in conjunction with one another, such as a boat mounted on a boat trailer, shall be considered as one unit.
(3) 
Parking or storage of recreational units shall be limited to residentially developed sites or homesteads. Parking or storage shall be limited to recreational units owned by any of the occupants of such residence.
(4) 
All recreational units parked or stored outside of a building shall be kept in a state of proper repair and shall be secured to prevent unauthorized entry.
(5) 
No recreational unit shall at any time be used for living or housekeeping purposes.
(6) 
Notwithstanding any provision to the contrary contained herein, a recreational unit(s) may be parked or stored on an established driveway for a period not to exceed 48 hours for purposes of loading, unloading and trip preparation.
(7) 
Except as provided in subparagraph (6), no person shall park or store any recreational unit upon any public property located in a residential area, including public streets, stop streets, rights-of-way, sidewalks and planting areas between sidewalks and curb lines.
[Ord. No. 121, § 4, 8-20-2001]
The owners of a recreational unit parked or stored in a residential area and the owners(s) of such property upon which the recreational unit is parked or stored shall be responsible for compliance with the terms of this article. In any proceeding for violation of any provision of this article based upon recreational unit ownership, the person or persons to whom the recreational unit is registered, as determined from the registration plate displayed on such recreational unit, shall be presumed to be the owner of the recreational unit. In any proceeding for violation of any provision of this article based upon property ownership, the person to whom the property assessed as determined from the most recent tax assessment roll of the township shall be presumed to be the owner of the property.
[Ord. No. 121, § 5, 8-20-2001]
A violation of any of the terms and conditions of this article shall be a municipal civil infraction, which shall be enforced pursuant to and in accordance with the provisions of chapter 2 of this Code.