The Berrien Township Planning Commission met on February 16, 2009 at 7:00 p.m. at the township hall. Vice-Chairman Ron Harner called the meeting to order and opened the meeting with the pledge to the flag.
Roll call: Vice-Chairman Ron Harner, Secretary Doug Shelton, Dave Riedlinger, Robert Norris. Absent were Chairman Dale Sherwood, Ross Rogien, and Edwin Kerlikowske Jr.
Also present were: Building Inspector Jim Hoover, Supervisor Paul Bixby, Clerk Mary Jane Dean and recording secretary Teri Jenks
Dave Riedlinger made a motion seconded by Doug Shelton to approve the January 19, 2009 minutes as written. All ayes. None opposed. MOTION CARRIED.
Jim Hoover presented the building permit report. There was nothing to report for the month of January. There were two electrical permits totaling $274.
There was continued discussion on the proposed Zoning Ordinance. Questions were presented and discussion followed:
Side yards, it doesn’t make sense to have two different requirements for houses and garages. Jim commented that 8 feet works well for all. Bob commented that it would not be good to have a home large enough to have only 8 feet on both sides. Jim said we would discourage that at permit time. Harner comments make it the same what ever it is. Jim also commented that the 25’ front and back works well as well. All of the suggested measurements should be re-worked.
Fencing requirements, Harner – isn’t it standard operating procedure that finished side goes to neighbor? Jim says he has always thought that if he is putting up the fence he should have the choice. Also he always tells someone to always place the fence inside the property line. Discussion on property lines moving to a fence line, this does not happen because of property tax description. Jim suggests that the wording should be changed to be discretion of owner which side is placed towards neighbor. Shall we also put in ordinance how far in from line?
Easements – we do not currently recognize private roads and easements. Harner, we should strike the wording regarding this.
Two-family dwellings – Jim says it should be normal in A-R and not allowed in R-1; we need more teeth as to what constitutes a “family”.
Minimum square footage for a house is currently 720 sq. ft. This is pretty small; maybe 1000 sq. ft. would be better. Jumping to 1200 might be a little too big a change.
Adult businesses – we have to provide for it, we need to look at it more to make the requirements more strict.
Kennels – Jim we should specify space regulations for both kennels and livestock. Currently there are no regulations for domestic animals and the only regulation for livestock is that the housing and fencing must be at least 150’ from a neighboring dwelling. We need to look at this some more. Now is the time to take care of this.
Building permit fee schedule should be re-worded to agree with recent board action. Also maybe a statement on the permit that if work does not begin within a certain time period the permit holder needs to come to the township and explain what is going on. And the permit is not renewable at the discounted price. Also, what if they never start the project should we refund fee? Doug – it should be stated what the policy is. Maybe non-refundable after 6 months. Riedlinger – it should never be 100% refundable.
Building inspections – currently Jim requires a footing inspection and Jim asks where the property line is, next a rough framing, and completion. This section needs to be re-worked to comply with what Jim is doing now.
Comments from Bob Norris:
Article 2-11 – comment on gasoline station, would it be wrong to allow consumption of food onsite.
Article 2-16 – places of public assembly – fifty or more. Jim – International Code Book covers this.
Same section - Nursery or greenhouses – include retail sales locations in this definition.
Article 2-20 – specified sexual activities – the text references “1-3 above” it is unclear what are they referring to.
Same Section - Structure; what is a “pergola”?
Discussion – do we have to have all the detailed references and definitions to adult activities? Bixby commented that when we get done hashing it all out; ask the attorney if we have to have all of this.
Article 2-22 – Wood Burner - should we insert definitions for types of furnaces that use fuel other than wood
Article 4-1 – have we resolved all of our height issues. Jim – there was discussion with Tom Stiles that it is not so much the height at the peak that we are concerned with. It is the height of the top floor and highest window.
Article 4-4 – B-1, this is confusing and something seems to be missing
Article 11-17 – mortuary, b-1 this is confusing is it one acre or five acres?
Article 11-35 – road side markets #4 – should eliminate wording “removed when not in use”
Same Section #7 – should be “not more than two” instead of one.
Update on penalty portion (civil infraction) of all ordinances. This has been published in the Journal Era and is now in effect no further action is needed by the planning commission.
Update on PUD Ordinance. This is included in the proposed Zoning Ordinance.
Request from Board to look at Land Division Ordinance – 591 of 1997. Harner commented that the ordinance is, in his opinion, clear in regards to the four to one requirement. That any split less than 40 acres must comply.
Motion to adjourn by Bob Norris, seconded by Dave Riedlinger. All ayes, none opposed. MOTION CARRIED. Meeting adjourned at 9:03
Next Meeting is March 16th
Joint Meeting with Board of Trustees set for April 20th
