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******* Ord.#6 - Supplementary Provisions
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ZONING ORDINANCE
(Ord. No.6)
ARTICLE EIGHT
 
300.130           SUPPLEMENTARY PROVISIONS
300.131           Scope of ordinance.
Sec. 8.01. Except as otherwise provided in this Ordinance, no land or existing building shall be used, and no building or structure shall hereafter be located or erected or used on any premises other than in conformity with the provisions of this Ordinance.
(Ord. No.6, Eff. May 1, 1981)
300.132           Supplementary land and yard provisions.
Sec. 8.02.
8.02A Lots of record. Every non-farm dwelling hereafter erected or altered shall be located on a lot, the description of the boundaries of which are on record at the office of the Berrien County Register of Deeds, which description shall be on file with and satisfactory to both the Building Inspector and Supervisor as adequate for identifying the location of the premises.
8.02B Substandard lots. When the area or width of a lot on public record in any District permitting dwellings is less than the minimum required for a dwelling, if the required width of each side yard is reduced by no more than twenty-five (25%) percent of the requirement for a one-family dwelling but not less than six (6) feet in any distance, if the lot owner obtains prior approval in writing from the Zoning Board of Appeals such lot may be used for a one-family dwelling.
8.02C Use of yard space. No yard or open area shall be used for open-air storage, wrecking, parking, dismantling, accumulation or abandonment, either temporarily or otherwise of any disused, discarded or dismantled vehicles, machinery, apparatus implements, furniture, appliances, junk or similar prop­erty, unless otherwise provided in this Ordinance.
8.02D Grading. No premises shall be so filled or graded as to discharge surface runoff on abutting premises in such manner as to cause ponding or surface accumulation of such runoff thereon.
8.02E Road or highway intersections. No building, structure, trees, bushes or other vegetation or obstruction exceeding three (3) feet in height, except open fences through which there shall be clear vision, shall be erected, planted or maintained in a triangle formed by measuring 50' each way from the intersection of R.O.W.
8.02F Accessory buildings: attached and unattached. All attached accessory buildings and structures, including garages, open porches and breezeways, shall be considered a part of the main building in determining yard requirements. All unattached buildings shall be located not less than eight (8) feet from the side lot lines, and not less than the required setback of the main building from the public highway.
8.02G Corner lots. In every zoning district, whenever a lot or parcel of land is situated at a street intersection or intersection of a public street and a alley or easement serving more than one parcel of land, there shall be provided a side yard setback not less than twenty-five (25) feet. This requirement shall apply only on the side yard abutting the public street, alley, or easement.
8.02H Principal dwelling. Only one principal dwelling shall be located on any lot of record except as provided under an approved Planned Unit Development.
(Ord. No.6, Eff. May 1, 1981; Ord. No. 10, Eff. Sept. 16, 1983)
300.133           Nonconforming uses.
Sec. 8.03.
8.03AExisting lawful uses. At the discretion of property owners, the lawful use of any dwelling, building, structure or parcel of land as existing and lawful on the effective date of this Ordinance may be continued even though such use may not otherwise be in conformity with the provisions of this Ordinance.
8.03B Discontinuance. Any nonconforming use of land, building or structure shall be permitted only as long as such nonconforming use is continued. If discontinued through vacancies, lack of operation or otherwise for a period of six (6) months, such discontinuance shall be construed to be an abandonment of use, following which, any further use then shall conform to this ordinance.
8.03C Change. No nonconforming use shall be-changed to other than a conforming use, or shall any conforming use be reverted to a former nonconform­ing use after the use has been changed to a conforming use.
8.03D Extension. Extension of a nonconforming use throughout a building incompletely occupied by such use may be granted by the Zoning Board of Appeals on written application filed with the Zoning Administrator.
(Ord. No.6, Eff. May 1, 1981)
300.133           Nonconforming and substandard buildings and structures.
Sec. 8.04.
8.04A Minor repairs. Nothing in this Ordinance shall prevent such minor repairs of a nonconforming building existing on the date of enactment of this Ordinance as may be reasonably necessary to secure advantageous use thereof during its natural life, provided that no such repair shall result in change or enlargement of said nonconforming use, and the owner first obtain a Certificate of Compliance from the Zoning Administrator.
8.04B Reconstruction of damaged nonconforming buildings. No nonconforming building damaged by fire, explosion, storm, or similar uncontrollable cause exceeding twenty-five (25%) percent of its usable cubic space immediately prior thereto shall be restored except in conformity with the provisions of this Ordinance. If damaged to a lesser extent, such building may be repaired and restored to it previous use, provided that the owner shall first obtain a Certificate of Approval from the Zoning administrator and such repair is completed and use resumed within six (6) months from the date of damage.
8.04C Substandard dwellings. For the express purpose of promoting the health, safety and general welfare of the inhabitants of the Township, and of reducing hazards to health, life and property, no basement-dwelling, cellar dwelling, garage-house or other substandard structure shall hereafter be erected, altered or moved on any premise or used for dwelling purposes.
8.04D Unsafe buildings. Nothing in this Ordinance shall prevent compliance with action by an appropriate law enforcement officer or other appropriate authority to limit occupancy, to correct, improve, strengthen or remove, or to place in a safe condition any building or structure or part thereof found to be unsafe.
(Ord. No.6, Eft'. May 1, 1981)
300.135           Special land uses.
8.05.
8.05A Purpose.
1.      The purpose of this Section is to provide requirements and standards upon which decisions as to special land use approval will be based and required procedures. Special land uses are not essentially incompatible with permit­ted land uses in a given zoning district, but should not be permitted without application of standards hereafter stated by reason of special problems presented by the Special Land Use or its location in relation to neighboring properties and uses.
2.      The requirements of section 8.05B (3) (A) (7) will not apply to Special Land Uses which involve use of existing buildings for which no structural changes or changes in site grades, access or parking layout are required or proposed.
 
8.05B Special land use procedures.
1.      Applicant: Any person owning or having an interest in subject land may file an application for one or more Special Land Uses provided for in this Ordinance in the zoning district in which the land is situated.
 
2.      Pre-application Conference. Prior to submitting a Special Land Use Appli­cation, the pre-applicant· shall request a conference with the Township Supervisor and Township Clerk. The purpose of the pre-application confer­ence is to identify information required to accompany the application and a review of required procedures. The Supervisor and Clerk, at their discretion, may request additional persons to attend the pre-application conference. Each Special Land Use shall require separate application.
3.      Application. Application(s) for Special Land Use approval shall be submit­ted to the Township Clerk or other official who may be designated by the Township Board on a form for that purpose. Each application shall be accompanied by payment of a fee in accordance with the duly adopted "Schedule of Zoning Fees". No part of any fee paid shall be refundable.
(A) Data Required. In Application. On a form provided by the Township, the applicant shall supply the following information:
1.      Applicant's name, mailing address and telephone number.
2.      A statement the applicant is the owner of the subject property or has interest therein. If interest, a copy of a document evidencing the applicant's interest in the subject property shall be attached to the application form.
3.      Name, address and telephone number of land owner of record if applicant is not the owner of record.
4.      Address of subject property.
5.      A description of all proposed land uses.
6.      The applicant shall also provide an accurate drawing showing the following:
-Property boundary and legal description.
-Existing structures on the land and uses thereof.
-Location of all abutting streets, easements and similar public space right-of-ways.
-Existing zoning on the subject property and adjacent proper­ties.
7.      Twelve copies of a preliminary site plan shall be submitted, along with the Special Land Use Application, depicting the following:
-Topographic elevations at not greater than 10 ft. intervals.
-Existing woodlots, except where trees are less than 6 inches in diameter.
-Water courses and water bodies, including all public drainage­-ways.
-Dimensions of property to be included in the proposed develop­ment.
-Location of all public or private streets proposed.
-Location of proposed buildings and uses thereof.
-Location of proposed parking areas and number of parking spaces.
-Proposed tentative site grades and surface drainage.
-Proposed common open spaces and facilities.
-Proposed accessory buildings and accessory uses.
-A description of proposed waste water disposal and water supply systems.
4.      Procedure. On receipt of any application for Special Land Use, the Township Clerk or official designated by the Township Board shall refer the application and accompanying Preliminary Site Plan to the Township Planning Commission. The Township Clerk shall publish a notice in a newspaper of general circulation within Berrien Township that an application for Special Land Use has been submitted to the Township. The Township Clerk shall also mail notice of same to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to occupants of all structures within 300 feet. The notice shall be given not less than 5 nor more than 15 days before the date the application will be considered by the Planning Commission. The newspaper and mail notice shall specify:
(A)   A description of the special land use requested.
(B)   Identification of the property in question.
(C)   Statement of when and where the Special Land Use Appli­cation will be considered by the Planning Commission.
(D)   A public hearing will be held on the Special Land Use Application only on request by a property owner or occupant of any structure located within 300 feet of the property considered for a special land use, or by decision of the Township Board or Planning Commission that such a hear­ing is necessary.
8.05C Planning commission public hearing. The Planning Commission shall review the application at its next regular meeting following referral from the Township Clerk and shall set a date for public hearing within 45 days thereafter if a request for public hearing is received. Notice of public hearing shall be in the manner specified by Section 8.05B(4). Whether or not a public hearing is held, on review of the Application, the Commission may require one or more of the following data, information and analysis.
1.      Estimated population holding a capacity of residential or commercial accommodations to be included in the proposed development and general impact on community facilities such as schools and parks.
2.      An economic analysis justifying need for commercial facilities to be included in the proposed development. The analysis shall include a survey of competing commercial facilities serving the trade area of the proposed facility.
3.      A traffic analysis which relates to trip generation capacity of the proposed development, projected traffic volumes and patterns on surrounding streets and the traffic capacity of existing streets.
4.      An environmental impact assessment of the proposed development.
5.      A statement presenting probable impact of the special land use(s) upon adjoining property and existing land uses, including but not limited to, property values, quiet enjoyment, harmony of land use, odors, dust, vibra­tions, noise, visual impact and related factors .
6.      The Commission may also require written comments of other public agencies as to the proposed development as well as any other information pertinent to the Special Land Use Application.
8.05D Planning commission findings and recommendation. The Planning Commission shall formulate its findings and recommendations on the Special Land Use Application based on the record of the public hearing, terms of this Ordinance and its judgment of measures and safeguards necessary for protec­tion of public safety and welfare, the natural resources, local economy, local public services, and preservation of property values and prevention of values and prevention of discordant land uses within the Township or neighborhood therein. The Commission may recommend approval, denial or modified approval of any Special Land Use Application. Copies of the public hearing record, application material, and the Commission's findings and recommendations regarding the Special Land Use Application shall be forwarded to the Township Board.
8.05E Township Board action. The Township Board shall have final authority to accept or reject the findings and recommendations of the Planning Commis­sion. In acting to approve, deny or grant modified approval, the Board shall make its decision based upon competent, material, and substantial evidence contained in the public record and shall record its decision in writing. Approval of the special land use shall incorporate approval of the Preliminary Site Plan.
Within seven (7) days of Township Board action on any Special Land Use Application, a copy of the Board's decision shall be provided the applicant.
8.05F Issuance of a special land use permit. Upon approval by the Township Board of an application for Special Land Use, the Township Clerk or other official designated by the Board, shall issue a Special Land Use Permit which shall be subject to Final Site Plan approval of all uses authorized by the Special Land Use Permit and further subject to compliance bonds authorized by Section 16F of the Township Rural Zoning Act.
8.05G Validity of the special land use permit.
1.      Township Board approval of a Special Land Use Permit upon specified lands shall be valid regardless of a change of land ownership, provided all terms, conditions and zoning regulations are complied with by the new owner. A copy of Special Land Use Permits shall be maintained in the office of the Township Clerk.
2.      Where development authorized by the Special Land Use Permit has not commenced within two years of issuance, the Permit shall be null and void and all rights granted thereunder shall be suspended. Upon written application by the property owner, the Township Board may authorize a single time limit extension of one year.
8.05H Final special land use site plan.
A.     Within twelve (12) months of the issuance of a Special Land Use Permit, a final site plan for the proposed development shall be filed with the Township Clerk. The final site plan shall be in substantial compliance with the Special Land Use Permit and approved Preliminary Site Plan. Information required in Section 8.05B (3) shall be shown and shall be prepared by a Registered Professional Engineer or Architect, except home occupations.
The Final Site Plan may represent a phasing of development so long as each phase is consistent with the Approved Preliminary Site Plan.
B.     Upon receipt of the Final Site Plan, it shall be acted upon by the Township Board within 90 days. The Board shall approve or deny the Final Site Plan stating its reasons for denial in writing. The Board shall make its decision as to the Final Site Plan based upon the following standards:
(A) All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property and the type and size of buildings. The site will be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permit­ted in this Ordinance.
(B) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.
(C) The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walks, barriers 'and landscap­ing shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants.
(D) All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides.
(E)   Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use.
(F)   There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system. In order to ensure public safety, pedestrian under­passes or overpasses may be required in the vicinity of schools, playgrounds, local shopping areas and other uses which generate a considerable amount of pedestrian traffic.
(G) The arrangement of public or common ways for vehicular and pedes­trian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of any existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry.
(H) All public streets shall be developed in accordance with the Township Subdivision Control Ordinance and Berrien County Road Commission specifications.
(I)     Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for the construction of sewer facilities including grading, gutters, piping, and the treatment of turf to . handle storm water, prevent erosion and the formation of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in paved areas.
(J)    All loading and unloading areas and outside storage areas including areas for the storage of trash which face or are visible from residential districts or public thoroughfares shall be screened by an opaque wall not less than six feet in height.
(K)Exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.
(L)   In approving the site plan, the Township Board may set a bond or other financial guarantee acceptable to the Township of ample sum to be furnished by the developer to ensure compliance for such requirements as drives, walks, utilities, parking, landscaping and the like.
8.05I Building permits. No building permit or construction approval shall be issued for buildings and uses under the Special Land Use Permit until Final Site Plan Approval has been granted by the Berrien Township Board and financial guarantees required by Section 8.05H(2)(L) have been filed with the Township Clerk.
8.05J Uses subject to special land use provisions. All uses referenced, identified or which are similar to uses specified in Sections 3.02B [300.032], 4.02B [300.052], 6.02B [300.092] and 7.02B [300.112] of this Ordinance shall be subject to provisions of Section 8.05.
8.05K Amending the special land use permit and approved site plan. Amend­ments to the Approved Special Land Use Permit Preliminary or Final Site Plans shall be accomplished in the same manner as the original approval as specified in this Section 8.05.
(Ord. No.6, Eff. May 1, 1981)
300.136           Water supply and sewage disposal.
8.06.
8.06A General standards. Every building or structure hereafter erected on any premises and used in whole or in part for human occupancy or frequency shall be provided with a safe and sanitary water supply, and a septic tank system of sewage disposal erected and maintained in accordance with the standards of material and installation recommended by the Berrien County Health Depart­ment.
8.06B Inadequate soil conditions. Where soil conditions are inadequate for the erection and maintenance of a safe septic tank system of sewage disposal, a special means shall be provided to safeguard health conditions, which means shall be approved by the Berrien County Health Department.
(Ord. No.6, Eff. May 1, 1981)
300.137           Vehicular parking.
Sec. 8.07. Off-street parking space with adequate access to all spaces shall hereafter be provided in all districts at the time of erection or enlargement of any main building or structure that is in general adequate for the parking, loading and unloading of vehicles in proportions no less than shown in the following tables. Approval of each exit and entrance shall be obtained from the County Road Commission or State Highway Department, which approval shall include the design and construction thereof in the interests of safety, adequate drainage and other public requirements. A minimum of two hundred (200) square feet located on the property intended to be served shall comprise one vehicular parking space. Adequate space shall be included in the parking area to facilitate turning of vehicles so that entry on the highway may be in forward manner and not by backing into the highway.
Use
 
Minimum number of parking spaces per unit
Banks, business offices, and professional offices of architects, engineers, lawyers and similar professions.
 
-One for each four hundred (400) square feet of usable space

Barber shops and beauty parlors
 
-Two for each beauty or barber shop chair

Bowling alleys
 
-Five for each bowling lane

Churches, theaters, auditoria
 
-One for each three seats
Community clubs, dance halls, fra­ternal organizations, private clubs
 
-One for each one hundred (100) square feet of usable floor space

Dwellings
 
-One for each family
Hospitals, clinics and similar estab­lishments
 

-One for each four (4) beds and one for each two (2) employees and staff members


Laundromats
 
-One for each two (2) wash machines
Professional offices; doctors, dentists, and similar professions
 
-One for each 100 square feet of usable floor area, and not less than 4 spaces, whichever is greater


Restaurants and similar establish­ments for sale and services of food and drinks, except liquor and drive-ins
 
-One for each one hundred (100) square feet of usable floor space
Retail stores
 
-One for each one hundred fifty (150) square feet of usable floor space


Tourist, boarding and lodging homes
 
-One for each guest room
Loading and unloading space. Every building or structure engaged in loading and unloading goods shall provide space on the premises in addition to that required for parking, for the loading, unloading and standing of all vehicles, in addition to that required for parking, as hereinbefore provided, to avoid undue interference with public use of the public highway.
(Ord. No.6, Eff. May 1, 1981)
 
 
 
300.138     Junkyards.
Sec. 8.08. The erection, use and alteration of any building, structure and use of premises for a junkyard shall be subject to the following requirements in addition to the provisions of Sections 8.05 [300.135]:
1.         The entire premises shall be surrounded and obscured by a permanent wall, evergreen hedge or the equivalent thereof not less than eight (8) feet in height which shall be maintained in good condition at all times and constructed of wood, metal, masonry or other comparable material. An earth formed berm of eight (8) feet in height, properly protected from erosion, may be substituted if approved by the Township Board.
2.         Glare from any process, such acetylene torch cutting which emits harmful ultra-violet rays shall not be visible beyond the boundaries of the premises and shall be limited to the hours between 8:00 A.M. and 3 P.M. No burning or emissions whatsoever shall be permitted on any Saturday, Sunday, legal holidays or during adverse weather conditions.
(Ord. No.6, Eff. May 1, 1981)
300.139     Unlisted property uses and buildings.
Sec. 8.09. The Planning Commission shall have the power, on written request of a property owner, to classify a use or building not listed in any District with a comparable permitted or prohibited use, giving due consideration to the purposes of this Ordinance as expressed by Section 1. 02 [300.012].
(Ord. No.6, Eff. May 1, 1981)
300.140     Public utility buildings and structures.
Sec. 8.10. The erection, alteration and maintenance of public utility and publicly owned structures, and of power, communications, supply, distributions and similar facilities, including accessories therewith, as authorized and regu­lated by law shall be permitted in every Zoning District, it being the intent hereof to exempt such structures and facilities from the application of this Ordinance, but not including buildings required with such structures and facilities, nor storage yards.
(Ord. No.6, Eff. May 1, 1981)
300.141     Signs.
[Sec. 8.11.]
[8.11A Purpose and intent. The] provisions [in this section are] intended to regulate the size, number, location and manner of display of signs in Berrien Township consistent with the following intent and purpose:
A.     To protect the safety and welfare of Township residents; to conserve and preserve the character of the Township; to promote economic viability and at the same time enhance quality of living by minimizing visual clutter.
B.     To enable the public to locate goods, services and facilities without difficulty and confusion.
C.     To prevent traffic hazards caused by signs that obstruct vision or are distracting or confusing.
D.     To promote uniformity in size, number and placement of signs within zoning districts.
[8.11B] General provisions.
[1.] Signs prohibited, all districts.
A.        Any sign that has flashing, moving, oscillating or blinking lights, excluding time and temperature signs which are permitted.
B.        Billboard signs where not regulated by state highway authority.
C.        Signs that are not stationary or do not pertain to the business or activity conducted on the premises, except for political and community special events and where signs may be approved by zoning adminis­trator, planning commission or as otherwise permitted in this ordi­nance.
D.        Signs painted on a building structure.
E.         Signs posted on utility poles including support cables (signs, nails and staples present a danger to utility workers).
F.         Any other signs not expressly permitted by this ordinance.
[2.] Signs exempted (no permit required), all districts.
A.        Governmental signs and flags.
B.        Signs that are directional and for essential services.
C.        Historical markers.
D.        Memorial signs or tablets.
E.         Trespassing, safety/caution, family events and holiday decorative displays when located on private property.
F.         Signs with an address and/or name of the owner, occupant or residence as follows:
1.      Not more than two (2) square feet in area, attached to a mail box, light fixture or exterior wall;
2.      Not more than one (1) square foot in area if freestanding
G.        Garage/yard/estate/craft/bazaar, construction/job site and signs of the like not to exceed four (4) square feet in area. Such signs are temporary and shall be removed within 48 hours after the event.
H.        Election campaign signs not to exceed four (4) square feet in area and can be placed no sooner than 30 days before the voting date and removed within 48 hours after the voting date.
[8.11C] Signs permitted by district.
1. Residential/mobile home districts.
[(a)] No sign permit required.
A.     One (1) sign advertising the sale, rent, or lease of the lot or building, not to exceed six (6) square feet in area on anyone (1) lot. Such sign shall be placed no closer to the front property line (street right-of-way) than one-half (112) the required setback.
B.     It shall be permissible to place a nameplate on a dwelling. Such nameplate not to be more than two (2) square feet in area. In the case of a dwelling wherein a professional occupation is main­tained, said nameplate may contain the name and occupation of the occupant of the premises.
[(b)] Sign permit required.
A.     One (1) sign advertising a recorded subdivision or development not to exceed four (4) feet by eight (8) feet may be permitted on each arterial road, not closer than 500 feet between signs, and placed no closer to any street right-of-way than one-half (112) the required setback and, furthermore, placed so as not to interfere with the full view of traffic.
B.     One (1) sign identifying a public park or building, church or other authorized use. Said sign shall be compatible with the neighbor­hood and be placed no closer to the front property line (street right-of-way) line than one-half (112) the required setback. Maxi­mum square footage is 72 square feet.
[(c)] Restrictions.
A.        Signs in the residential/mobile home district shall not be illumi­nated except for signs allowed for public buildings, schools and churches.
B.         Signs in residential/mobile home districts shall not be illumi­nated by other than electrical means. All flood or spot lighting for illumination of signs shall be directed away from and shall be shielded from any residences. Illumination shall be arranged so as not to affect adversely the view of drivers on adjacent thor­oughfares.
2.Agricultural/residential [districts].
 [(a)] No sign permit required.
A.        All signs not requiring a permit in the residential/mobile home districts are also permitted in agricultural/residential districts.
B.         Identification (incidental) signs, not to exceed two (2) advertising the type of farm products is permitted. Such sign shall not exceed thirty-two (32) square feet in area and shall be located off the road right-of-way so as not to interfere with the full view of traffic.
C.        Signs for agriculture produce sales (such as "road side stand" or "U-pick" operations).
D.        No sign shall be closer than two (2) feet from the front property line (road right-of-way) or ten (10) feet from the side property lines. A sign shall not be located in such a manner as to interfere with vehicular traffic and be located a minimum of five (5) feet from the nearest driveway.
[(b)] Sign permit required.
A.        All signs requiring a permit under residential/mobile home will also be required in agricultural/residential districts.
[(c)] Restrictions. Same as residential/mobile home.
3.Commercial/industrial districts.
 [(a)] No sign permit required.
A.         One (1) sign advertising the sale, rent or lease of the lot or parcel of land/building upon which the sign is erected is permitted. No sign shall be located closer than two (2) feet to a front property line (road right-of-way), and ten (10) feet from a side property line. A sign shall not be located in su.ch a manner as to interfere with or obstruct clear vision of vehicular or pedestrian traffic. A sign shall be located a minimum of five (5) feet from the nearest driveway, contain not more than thirty-two (32) square feet of area and shall be removed within five (5) days of the sale, closing or rental.
[(b)] Sign permit required.
A.        A freestanding sign is allowed only where it advertises a business occupying the same lot or parcel of land upon which the sign is erected. No sign shall be located closer than two (2) feet from the front property line (road right-of-way), or ten (10) feet from the side of the property line: A sign shall not be located in such a manner as to interfere with vehicular or pedestrian traffic. A sign shall be located a minimum of five (5) feet from the nearest driveway.
B.         One (1) projecting sign may be permitted per building when no other wall signs exist and shall not exceed a maximum of fifty (50) square feet in area.
C.         Each commercial building will be allowed one wall sign per public or private street frontage where no other projecting signs are evident. Wall signs cannot exceed 12% of building face to which it is attached or be larger than 150 square feet in area.
D.         Portable signs shall be only permitted for grand openings and charitable/community related events. Portable signs are viewed as temporary and allowed placement up to 30 days prior to the event and removed within 48 hours after the event. They shall not exceed more than 64 square feet in area and be no closer than 15 feet from the front property line (road right-of-way). Excep­tions may be granted by variance.
E.          Where permitted by the planning commission, ground signs shall not exceed 72 square feet or be over six (6) feet higher than grade. Pole signs shall not exceed 64 square feet or be over 25 feet high. All other signs, banners etc. are at the discretion of the Planning Commission and/or the applicable highway authority.
[8.11D] Sign applications and permits.
A.         A sign permit shall be required for the erection, use, construction or major alteration of all signs except for those exempted by the terms of this ordinance.
B.         An application for a sign permit shall be made to the Zoning Administrator and shall include submission of such fee as required by resolution. The Zoning Administrator shall grant permits provided all provisions of this ordinance and other related ordinances as set forth are met. Any application not meeting the provisions of this ordinance will be directed to the Planning Commission by the zoning administrator for their recommendation to the township board. The township board will either grant approval, suggest changes that would be appropriate for approval or disallow issuance of permit.
C.        All signs requiring electrical service shall be reviewed for compliance with the current Township electrical code.
D.        A sign authorized by permit shall be under construction within six (6) months of the date of issuance of the sign permit and installed within twelve (12) months or the permit shall expire.
E.         Prior to erection of a sign or banner overhanging a public right-of-way, approval of the proper governmental agency (Road Commission, Dept. of Transportation etc.) will be required before a sign permit can be authorized.
             
[8.llE] Non-conforming signs.
A.        Signs erected prior to the adoption of this Ordinance (with the exception of signs posted on utility poles) may be continued except as hereinto provided. Non-conforming signs shall not:
1.          Have any changes made in the words or symbols used or the message displayed on the sign unless the sign and the message are specifically designed for periodic change of message;
2.         Be structurally altered so as to change the shape, size, type or design of the sign;
3.          Be reestablished or continued after the activity, business ownership or use to which it was intended has been discontinued. At that time, a new application for permit shall be made and may either be allowed "as is," with specified changes, and/or be altered to conform to the provisions of this section, or removed at the owner's expense by discretion of the zoning administrator.
4.          Present a danger to the public because of placement, location, condi­tion or disrepair. Non-conforming signs determined to present a danger to the public are to be relocated or removed by the owner. Such relocation shall be in compliance with this ordinance and all other applicable ordinances and codes. The Township Zoning administrator may order any dangerous sign removed at the owner's expense. If the owner fails to do so and upon notice of not less than 30 days to the property owner on which the sign is located if the owner of the sign is not also the owner of the property, the Township may cause the sign to be removed and collect all costs associated therewith against the property on which the sign was located. This remedy shall be cumu­lative and in addition to any other remedy available to the Township.
[8.llF] Unauthorized signs.
A.         The Berrien Township zoning administrator shall submit a written notice of unauthorized or non-compliance to the owner of said sign(s) and/or the property owner so proper steps may be taken to obtain a permit for a sign (meeting the requirements of this ordinance) or removal of said sign. The owner/property owner of the sign(s) will have 15 days after receipt of notice to comply.
[8.11G] Definitions and/ or clarity.
A.        Words and phrases within this section, which are not clearly defined, are available for review at the township hall.
(Ord. No.6, Eff. May 1, 1981; ; Ord. Adopt. May 11, 2004)

300.142          Yard Sales, Rummage Sales, Garage Sales and the like.

Sec. 8.12   In order to discourage continuous yard / rummage sales of household goods within a residential zoned area:

A.     All owners, tenants, or lessees of a property and/or residence, including non-profit institutions may conduct a personal property (domestic household goods) sale upon the premises of their residence. The term of the sale shall not exceed four (4) consecutive days, and three (3) sales are allowed per calendar year.

B.     Prior registration of an intended yard/rummage sale is required (at no cost), and is to be obtained by calling the Berrien Township office.

(Ord. No.6, Eff. May 1, 1981; Ord. Adopt. April 8, 2008)


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