It is the intent of this section to permit the continuation
of any lawful use of a building or land existing as of the effective
date of this chapter. However, it is hereby declared that nonconformance
with the provisions of this chapter is contrary to the best interests
of the citizens of the Township and ought to be discontinued as circumstances
permit.
A.
Authority to continue. Except as otherwise provided in this article,
any nonconforming lot, use, sign or structure lawfully existing on
the effective date of this chapter or subsequent amendment thereto
may be continued so long as it remains otherwise lawful. All nonconformities
shall be encouraged to convert to conformity wherever possible and
shall be required to convert to conforming status as required by this
chapter. The burden of establishing that any nonconformity is a legal
nonconformity as defined by this article shall in all cases be upon
the owner of such nonconformity and not upon the Charter Township
of Midland.
B.
Legal nonconformities. Legal nonconformities are presumed to have
existed before the adoption of zoning regulations in Midland Charter
Township unless the nonconformity was illegal prior to the adoption
of the zoning regulation. Illegal nonconformities have been developed
in conflict with zoning regulations through oversight or error. Illegal
nonconformities are required to cease immediately. Legal nonconformities
are defined and/or characterized by at least one of the following:
(1)
It complied with the district regulations of the previous zoning
ordinance at any point in time.
(2)
It had been recognized as a legal nonconforming use under the previous
zoning ordinance.
(3)
(Applies to nonconforming setback or lot size only.) The nonconformity
resulted from land acquisition by a government agency, such as for
a road right-of-way.
(4)
(Nonconforming parcel only.) Parcels previously conforming that are
made nonconforming in area, width and depth of the parcel are considered
legal nonconformities if the area, width and depth of parcel and the
number of off-street parking spaces provided are at least 90% of minimum
requirements for the current zoning district.
C.
Abandonment. When a nonconforming use of a structure or land is discontinued
or abandoned for one year, the structure or land thereafter shall
not be used for any use other than a conforming use of the district
within which it is located.
D.
Reconstruction and restoration. No nonconformity (whether it is a
structure, a use, or a sign) shall be enlarged upon or expanded (including
extension of hours of operation) unless such alteration is in full
compliance with all requirements of this chapter. Normal maintenance
and incidental repair of a legal nonconformity shall be permitted,
provided that this does not violate another section of this article.
(1)
Nothing in this article shall be deemed to prevent restoring a structure
to a safe condition in accordance with an order of a public official
who is charged with protecting the public safety and who declares
such structure to be unsafe and orders its restoration to a safe condition,
provided that such restoration is not otherwise in violation of the
various provisions of this section prohibiting the repair or restoration
of partially damaged or destroyed structure or signs.
(2)
No nonconformity shall be moved in whole or in part, for any distance
whatsoever, to any other location on the same or any other lot unless
the entire structure shall thereafter conform to the regulations of
the zoning district in which it is located after being moved, unless
changes are being made to the site in conformance with other sections
of this article.
(3)
No use, structure or sign which is an accessory to a principal nonconforming
use or structure shall continue after such principal use or structure
shall have ceased or terminated, unless it shall thereafter conform
to all regulations of this chapter.
(4)
Any lawful nonconforming use damaged by fire, explosion, an act of
God or by other causes may be restored, rebuilt or repaired, provided
that the reconstruction or restoration work does not increase the
gross floor area or value of the structure to more than which is permitted
in other sections of this article.
(5)
A dwelling nonconforming due to its location in a nonpermitted district
may be expanded or enlarged, for residential purposes, by up to 50%
of the existing ground floor area. An accessory building may be constructed
or expanded upon the same lot.
E.
Repair. Nothing in this chapter shall prohibit the improvement or modernization of a lawful nonconforming building to allow for facility improvement, provided that such repair does not exceed 50% of the true cash value as determined by the state equalized value or increase the size of the primary structure by more than 30%. All improvements must be presented on a site plan developed in accordance with the data requirements of § 300-77 and approved by the Zoning Board of Appeals.
F.
Changing uses.
(1)
The Zoning Board of Appeals may authorize a change from one nonconforming
use to another nonconforming use, provided the proposed use would
be more suitable to the zoning district in which it is located than
the nonconforming use which is being replaced. Whenever a nonconforming
use has been changed to a more nearly conforming use or to a conforming
use, such use shall not revert or be changed back to another nonconforming
use unless such change shall be more nearly conforming.
(2)
Transfer of ownership and use. Any nonconforming use status may be
transferred with the same rights guaranteed the new owners as those
belonging to the owners of record on the effective date of this chapter.
G.
Prior construction approval. Nothing in this chapter shall prohibit
the completion of construction and use of a nonconforming building
for which a building permit has been issued prior to the effective
date of this chapter, provided that construction is commenced within
30 days after the date of issuance of the permit and that the entire
building shall have been completed according to plans filed with the
permit application within one year after the issuance of the permit.
H.
Nonconforming lots.
(1)
A nonconforming lot of record may be used for any principal use permitted
in the zone in which the lot is located, provided that for any use
which is to be served by an individual well and/or septic system,
the nonconforming lot shall be of a size and design to meet the minimum
requirements of the Midland County Health Department for such well
or septic systems.
(2)
If the proposed use is to be a single residential dwelling such that
the lot is physically unable to provide the open space or yard requirements
of this chapter, those yard requirements shall be adjusted by the
Zoning Administrator.
I.
Nonconforming signs. Subject to the following schedule, a nonconforming
sign may be continued and shall be maintained in good condition, but
it shall not be:
(1)
Changed to another nonconforming sign. Changes in copy, color, or
general maintenance.
(2)
Structurally altered so as to prolong the life of the sign unless
brought into conformance with the provisions of this chapter.
(3)
Expanded.
(4)
Reestablished after its discontinuance for 90 days, or reestablished
after damage or deconstruction, if the estimated expense of reconstruction
exceeds 50% of the appraised replacement cost, as determined by the
Building Inspector and/or Zoning Administrator.
A.
Building permits required. Any construction related to any type of
zoning administrative approval shall be commenced only after a building
permit has been obtained.
B.
Prior building permits. Any building permit issued prior to the effective
date of this chapter shall be valid.
C.
Fences and walls. Prior to the erection of allowable fences, walls
and screening structures, a zoning permit must be acquired. No fence,
wall, or structural screen, other than plant materials greater than
six feet in height from the original grade, shall be erected on any
residential property. Neither shall any fence, wall, or hedge planting
exceed a height of three feet within 25 feet of the road edge or in
the front yard in a residential district. On a corner lot, no fence
or planting shall be allowed that will interfere with traffic visibility
across a corner. No fence, wall, or screening structure in a residential
area shall have barbed wire, electrified components or otherwise be
intended to cause harm in preventing entry to property. Properties
in excess of five acres and used for agricultural production or enclosure
of farm or domesticated animals are excluded from this provision.
[Amended 8-12-2015 by Ord. No. 97]
D.
Screening requirements.
(1)
Whenever screening is required between two zoning districts, there
shall be provided at the time of development of any premises, and
maintained thereafter, an obscuring screen which shall be a fence,
wall, plant materials, or other screening device, or combination thereof
that obstructs, at a minimum, 75% of the field of vision from the
ground to a height of eight feet when viewed from a distance of five
feet or more. Chain link fence is not acceptable screening. Open spaces
within such screening shall not exceed a one-foot square, or exceed
a two-foot square area when an elongated or irregular shape. Such
screen shall be constructed in accordance with one or a combination
of the following:
(a)
A solid wall or solid fence, six feet in height, with a finished
surface facing the residential district. All materials shall be new
or other material if approved by the Building Inspector and/or Zoning
Administrator. The use of stripping in chain link fence is not an
acceptable method of complying with screening requirements.
(b)
A landscape buffer not less than 15 feet in width consisting
of a combination of earthen berm, fencing, and/or plant materials
which will provide an obscuring screen.
(c)
A buffer consisting of a combination of earthen berm, fencing,
and/or plant materials which will provide an obscuring screen.
(d)
All landscaped screening shall be a minimum of six feet in height
as measured from the highest ground elevation within three feet on
either side of the line separating the zoning districts. The height
determined at the highest ground elevation within three feet shall
be used for the entire length of the buffer.
(2)
The developer shall submit plans and specifications for the type
of screening to be employed at the time application is made for a
building permit.
(3)
The Zoning Board of Appeals may waive or modify these requirements where, in its opinion, the public interest would not be served by its strict application or the property owners on both sides of the buffer have agreed on an alternate means that achieves the intent and purpose of this Subsection D.
E.
Inoperative or dismantled cars, trucks, recreational vehicles or buses. The storage of dismantled, wrecked and/or unlicensed vehicles, including recreational equipment, in any zoning district is expressly prohibited unless contained within a licensed junkyard or wholly within an enclosed structure. A dismantled, wrecked and/or unlicensed vehicle may be permitted to be stored outdoors, provided said storage does not exceed one week. Note that the storage period may be extended with written permission of the Building Inspector and/or the Zoning Enforcement Officer, not to exceed 30 days. It is further regulated by Chapter 277, Vehicle Storage and Repair, of the Code of the Charter Township of Midland.
F.
Storage of garbage. All garbage and rubbish must be stored in closed
containers in a proper storage area or within a building until the
time of collection. No garbage or rubbish may be stored for a period
of more than two weeks, inside or outside, or so as to cause hardship,
health hazard, or annoyance to adjoining properties.
G.
Space used once. Any yard or other open space provided around any
building or structure for the purpose of complying with the provisions
of this chapter shall not be used as a yard or other required open
space for another building or structure existing or intended to exist
at the same time as such building or structure.
H.
Use exceptions. Nothing in this chapter shall be constructed to prohibit
the following accessory or incidental uses:
(1)
Customary refreshment and service uses and buildings in any public
park or recreational area incidental to the recreational use of such
area.
(3)
Garden, garden ornaments and usual landscape features within required
yard space.
(5)
Retaining walls and public playgrounds.
(8)
Use of premises as a voting place in connection with local, state
or national elections.
I.
Sand and gravel excavation. The excavation of sand, gravel, clay, topsoil or other earthwork is hereby regulated by Chapter 240, Soil Removal, of the Code of the Charter Township of Midland.
J.
Parking of recreational equipment. Parking of recreational equipment
owned by and licensed to an occupant of the dwelling unit is permitted
within any residential or agricultural zoning district, except as
follows:
(1)
Within 20 feet from the road right-of-way.
(2)
Within the required front yard area.
(3)
Within four feet to any side or rear property line.
(4)
Within any area that qualifies as a clear vision area.
(5)
In multifamily developments, all parking and storage of recreation
vehicles must be in a rear yard and approved by the owner of the property.
K.
Parking of licensed vehicles. All licensed vehicles must be parked
on an approved surface, as determined by the Zoning Administrator.
One commercial vehicle, regardless of weight, may be parked overnight
and on Saturdays, Sundays and holidays off the street and on an approved
surface of the property of the vehicle's owner or custodian,
provided that once it is parked, it is not moved or operated. Parking
of a semitrailer or a tractor/trailer combination is prohibited in
any residential district, nor shall any tractor run its engine for
more than 15 minutes continuously at a residential site.
L.
Garage/yard sales. Sales of used material from a single-family dwelling's
side yard, rear yard or garage may occur twice a year for a period
not to exceed four days for each occurrence.
M.
Auto repair. Repair of vehicles not owned by a resident of the parcel
on which such activity is occurring is expressly prohibited in any
residential zoning district.
N.
Soil erosion and sedimentation control. The provisions of the Soil
Erosion and Sedimentation Control Act of 1972,[1] as amended, shall apply to all land uses, premises and
earth changes as defined and regulated in said Act.
[1]
Editor's Note: The Soil Erosion and Sedimentation Control
Act of 1972, MCLA § 282.101 et seq., was repealed 5-24-1995
by P.A.1994, No. 451, § 90102. See now MCLA § 324.9101
et seq.
O.
Groundwater protection. All uses shall comply with the following
provisions:
(1)
Wastewater treatment systems, including on-site septic systems, shall
be located to minimize any potential degradation of surface water
or groundwater quality.
(2)
Sites which include storage of hazardous materials or waste, fuels,
oil, salt, fertilizers or chemicals shall be designed and constructed
to prevent spills and discharges of polluting materials to surface
of the ground, groundwater or nearby water bodies.
P.
Floodplain management. No building, structure, or dwelling designed,
constructed, intended, or used for human occupancy shall be moved
on, constructed, erected, or occupied in the 100-year floodplain of
the Pine and Tittabawassee Rivers and their tributaries without first
complying with the provisions of Ordinance No. 45, Floodplain Management
Amendment to Construction Code of the Charter Township of Midland.[2]
[2]
Editor's Note: Ordinance No. 45 was repealed without replacement
4-11-2007 by Ord. No. 93.
A.
Permitted yard encroachments.
(1)
Driveways shall not be subject to yard requirements.
(2)
Paved terraces, patios and uncovered porches, excluding driveways,
shall not be subject to yard requirements, provided:
(a)
The area is unroofed and without walls or other forms of solid
continuous enclosure that link the area to the principal dwelling.
Such areas may have noncontinuous windbreaks or walls not over six
feet high and not enclosing more than 1/2 the perimeter.
(b)
The highest finished elevation is not over two feet above the
average surrounding finished grade area.
(c)
No portion of any paved area is closer than five feet from any
lot line nor projects into any front yard setback area.
(3)
Unenclosed covered or uncovered porches or decks may project into
a required side or rear yard area a distance not to exceed four feet,
provided:
(4)
Enclosed porches shall be considered part of the principal building
and shall be subject to all yard and area dimensional requirements
established for principal buildings.
(5)
Signs may encroach into yard area but no sign, or portion thereof,
shall be closer to any lot line or street right-of-way than 10 feet.
B.
Yard exceptions. In cases where less than the full required future
right-of-way width of the street has been deeded or dedicated and
is represented in the survey of the property, the building setback
on any property abutting thereon shall be measured from the future
required 66 feet of road right-of-way line. The required street width
shall be determined by the standards set forth and adopted by the
Midland County Road Commission.
C.
Access to a street. Any lot of record created after the effective
date of this chapter shall have frontage on a public street, or as
may otherwise be specifically approved by the Zoning Board of Appeals.
D.
Ponds. Ponds are permitted as a landscaping enhancement to a residential
use subject to the following:
(1)
Excavation guidelines.
(a)
Soils excavated for the creation of ponds may not be taken off
the parcel site.
(b)
Sites of ecological significance, such as wetlands, should be
avoided.
(c)
Ponds should be located in areas which will minimize the chance
of pollution from sources such as feedlots, farmsteads, corrals or
septic tanks.
(d)
Excavations may not extend closer than 50 feet to a power line.
(e)
Side slopes must not exceed a four to one slope for a distance
of 25 feet out from pond edge.
(f)
Parcels must be at least five acres in area.
(g)
All ponds' edges must be set back a minimum distance of 50 feet
from any lot line.
(2)
Ponds of less than 500 surface feet may be constructed without site
plan approval.
(3)
Ponds greater than 500 surface feet may be constructed after site plan review and issuance of a building permit by the Township. The site plan should be submitted according to the requirements of § 300-78. Ponds greater than 1,500 surface feet are subject to special approval under Article XII of this chapter.
(4)
No building permit will be issued for any pond unless and until the
property owner can produce an approved permit from Midland County
Drain Office for soil erosion control and can demonstrate that this
pond is not a regulated wetland, as identified by the State of Michigan.
E.
Freestanding solid-fuel-burning furnaces. Such structures shall be regulated in accordance with the provisions for residential detached accessory structures, § 300-11. The storage of wood or other solid fuel shall be considered as an accessory structure, § 300-11. The use of freestanding solid-fuel-burning furnaces is prohibited on parcels less than one acre in size and/or parcels with less than 100 feet of frontage.
A.
Permitted exceptions for structural appurtenance. The following kinds
of structural appurtenances shall be permitted to exceed the height
limitations for authorized uses.
B.
Permitted exceptions: residential districts.
(1)
No height exceptions are permitted for residential structures.
(2)
Principal hospital and church structures may be permitted to exceed
height limitations with a maximum total height limit of 75 feet, provided
each front, side and rear yard requirement is increased one foot for
each additional one foot above the district requirement.
(3)
Ornamental in purpose, such as church steeples, belfries, cupolas,
domes, ornamental towers and flag poles, provided that such structural
elements do not exceed 20% of the gross roof area.
C.
Permitted exceptions: business and industrial districts.
(1)
In any business or industrial district, any principal building may
be erected to a height in excess of that specified for the district,
provided each front, side and rear yard minimum is increased one foot
for each additional one foot of height above the district requirement.
(2)
In commercial and industrial districts, appurtenances to mechanical
or structural functions, such as chimneys and smokestacks, water tanks,
elevator and stairwell penthouses, ventilators, radio or television
towers, aerials, windmills, and fire and base towers, provided the
total height of the structure of the building and appurtenances be
175 feet or less from the ground. The forgoing permitted exceptions
shall not be for human occupancy or dwelling.
A.
Required yards. The following regulations apply to all districts
unless otherwise stated:
(1)
Front yard. Except as set forth herein, no accessory building shall
project into any front yard. On parcels of 10 acres or more and having
a front yard of greater than 300 feet, accessory buildings may be
located in the front yard not less than 100 feet from the front lot
line.
[Amended 8-12-2015 by Ord. No. 97]
(2)
Side yard. No accessory building, including attached or detached
garages, shall be erected closer to any side lot line than the permitted
distance within that district for principal buildings, except in residential
districts, accessory buildings may be set a minimum of 10 feet from
the lot line.
(3)
Rear yard. No accessory building, including attached or detached
garages, shall be erected closer to rear lot line than permitted distance
within the district for the principal building, except in a residential
district, accessory buildings may be a minimum of five feet from the
rear lot line.
(4)
On a corner lot. No accessory building shall be closer to the side
street lot line than the front yard setbacks of the principal building
on the lot. Where the rear line of a corner lot coincides with sideline
of an adjoining lot in a residential district, an accessory building
shall not be closer than five feet to the rear lot line.
(5)
Must get a zoning permit for any accessory building under 200 square
feet.
(6)
All accessory buildings must be located a minimum of 10 feet from
any other structure.
B.
Maximum size. Accessory buildings may occupy not more than 4% of
the lot area.
C.
Height. In a residential district, the height of an accessory building
may not exceed a total height of 25 feet.
D.
Uses. Accessory building(s) shall not be used in any part for residential
dwelling purposes and are intended only for typical accessory functions
for the district in which they are located.
E.
Garages as accessory buildings. Garages not physically connected
to the dwelling or principal use by common wall or roof shall be deemed
as "accessory buildings" for the purposes of this chapter. In no case
shall the entrance or roof of a garage be less than 45 feet from a
front lot line. Attached garages shall be considered part of the principal
use or dwelling.
F.
Storage
containers. In a residential zoning district, no building nor structure
initially constructed or designed for use as a mobile home, mobile
office, shipping container, recreational vehicle, other vehicle or
parts of vehicles, including trucks, buses, truck cabs, truck boxes
and semitrailers, shall be used as an accessory building or for storage.
[Added 7-10-2019 by Ord.
No. 104]
After the effective date of this chapter, no structure shall
be erected, altered or moved upon a lot or premises and used in whole
or in part for a dwelling, business, industrial or recreational purpose
unless it shall be provided with a safe, sanitary and potable water
supply and with a safe and effective means of collection, treatment
and disposal of human excreta and domestic, commercial and industrial
waste. All such installations and facilities shall conform with the
minimum requirements of the Midland County Health Department and applicable
state and federal regulations.
It is prohibited to keep animals or fowl other than household
pets in residential or business districts unless when adequately housed
and fenced, the parcel is at least five acres in area; where the building
housing the animal is at least 500 feet from the nearest adjoining
residence and the fence or corral is a minimum of 100 feet from the
nearest adjoining residence.
A.
Must comply with code requirements. Every dwelling must comply with
all adopted construction codes. This includes meeting or exceeding
all applicable roof snow loads and strength requirements. If the dwelling
is a manufactured home, all construction, insulation, plumbing, or
electrical apparatus shall conform to the "Mobile Home Construction
and Safety Standards" of the United States Department of Housing and
Urban Development. Where any state or local regulation sets a more
stringent standard than the "Mobile Home Construction and Safety Standards,"
then the state or local standard shall apply.
B.
Manufactured home installation. In the event that a dwelling is a
manufactured home, it must be installed pursuant to the manufacturer's
setup instructions with the wheels removed. It also must be secured
to the ground by an anchoring system or device complying with the
Township Building Code and the rules and regulations of the Michigan
Mobile Home Commission. Each manufactured home must have a perimeter
wall or skirting which has the same dimensions as the dwelling. No
manufactured home shall have any towing mechanism, undercarriage or
chassis exposed.
C.
Structures to be of uniform quality. Any additions, rooms or other
areas of a dwelling must be constructed using workmanship and materials
similar in quality to the original structure. Such additions, rooms
or other areas must be permanently attached to the principal structure
and must be supported by a foundation as required herein.
D.
Aesthetically compatible. Dwellings must be aesthetically compatible
in design and appearance with other residences in the vicinity, with
a roof overhang of not less than six inches on all sides and contain
steps connected to the exterior door areas where a difference of elevation
requires steps. The compatibility of design and appearance shall be
determined initially by the Township Zoning Administrator upon review
of the plans submitted for a dwelling.
(1)
The determination of aesthetic compatibilities is subject to appeal
by an aggrieved party to an Appeals Board.
(2)
Any determination of compatibility shall be based on the standards
set forth herein, as well as the character, design, and appearance
of one or more residential dwellings located outside of mobile home
parks and within 2,000 feet of the subject dwelling, where such area
has at least 20% of lots developed, or where said area is not so developed,
by the character, design, and appearance of one or more residential
dwellings located outside of manufactured home parks throughout the
Township.
(3)
The foregoing shall not be construed to prohibit innovative design
concepts involving such matters as solar energy, view, unique land
contour, or relief from the common or standard home design.
E.
Maintenance. A dwelling must be properly maintained and protected
against deterioration and damage from the elements or the passage
of time, by prompt and appropriate repairs, surfacing, coating and
any other necessary protective measures.
F.
Use of manufactured home for temporary dwelling. A temporary dwelling
may be placed on the premises and occupied on a temporary basis subject
to the following:
[Amended 8-12-2015 by Ord. No. 97]
(1)
Temporary dwellings may be located and occupied only during the construction
of a single-family dwelling upon the parcel on which the temporary
dwelling is placed or during the repair of a single-family dwelling
which had been occupied up to the date it was damaged, by casualty
or otherwise, to the degree that it cannot be occupied. A permit issued
by the Building Inspector shall be required prior to the location
and occupancy of such temporary dwellings.
(2)
The Building Inspector, upon application of the parcel owner, may
issue a permit for such temporary occupancy upon finding that these
provisions are satisfied. A permit for temporary occupancy during
construction of a single-family dwelling shall not exceed six months'
duration. A permit for temporary occupancy during repairs of a single-family
dwelling damaged by casualty shall not exceed six months' duration.
Such permits may be renewed by the Building Inspector one time only
for a period not to exceed the applicable six-month period of the
initial permit.
(3)
The temporary dwelling shall be a mobile home meeting all construction
insulation, plumbing, and electrical apparatus standards of the "Mobile
Home Construction and Safety Standards" of the United States Department
of Housing and Urban Development.
(4)
The temporary dwelling shall be located only on the same parcel as
the dwelling under construction or repair.
(5)
The proposed water supply and sanitary facilities must be inspected
and approved by the Midland County Health Department.
(6)
A building permit must have been issued to the parcel owner(s) for
construction or repair of a single-family dwelling on the parcel.
(7)
The temporary dwelling must comply with all setback and lot coverage
requirements for the applicable zoning district.
G.
Storage area. Every dwelling unit must contain a storage area equal
to 10% of the square footage of the dwelling or 100 square feet, whichever
is less, in a basement located under the dwelling, an attic area,
closet areas, or in a separate structure which meets all requirements
of the Township Building Code.
H.
Foundation. All single-family dwellings, except mobile homes located
in mobile home parks, must be firmly attached to a permanent foundation
meeting the Township Building Code requirements. The walls for a dwelling
must have the same perimeter dimensions as the dwelling.
I.
Dimensions. All single-family dwellings must have a minimum width
across front, side, and rear elevations of 24 feet and comply in all
respects with the Township Building Code, including minimum heights
for habitable rooms.
J.
Roof. All one- or two-family dwellings, other than mobile homes located
inside mobile home parks, must have a pitched roof, the principal
portion of which has a slope of no less than one vertical unit to
four horizontal units. The eaves of the roof must project no less
than six inches beyond the walls.
K.
Exterior doors. Every single-family dwelling must have exterior doors
on not fewer than two sides with steps and porches connected to the
doors where required due to a difference in elevation.
