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031323334353637383940414243444546JEROME TOWNSHIP ORDINANCE NO. 98An ordinance to amend the "Jerome Township Zoning Ordinance no. 1" asamended, Midland County, Michigan.The Township of Jerome, Midland County, Michigan, pursuant to the authorityvested in it by the Zoning Enabling Act 110 of State of Michigan for 2006, asamended, hereby amends the "Jerome Township Zoning Ordinance no. 1" asamended to read as follows:ZONING ORDINANCE OF JEROME TOWNSHIPMidland County, MichiganAn ordinance to establish zoning districts within the unincorporatedportions of Jerome Township, Midland County, Michigan, in accordance withZoning Enabling Act 110 of the State of Michigan for the year 2006, asamended, to encourage certain uses of the land therein and regulate thelocation, size, area and height of buildings thereon and provide for theadministration and enforcement thereof.The Township of Jerome, Midland County, Michigan, pursuant to the authorityvested in it by Zoning Enabling Act 110 of the State of Michigan for 2006, asamended, ordains:ARTICLE ITITLE AND PURPOSESection 1.01 - TitleThis ordinance shall be known as the "Zoning Ordinance of JeromeTownship."Section 1.02 - PurposeThe fundamental purpose of this ordinance is to promote the publichealth, safety, convenience, morals and general welfare. The provisions areintended to encourage the use of lands and natural resources in the township inaccordance with their character and adaptability; to provide for the orderly growthof the township; to protect the character and economic stability of agricultural,residential, commercial, recreational and other local areas within the township; toprovide for safety in traffic and vehicle parking; to prevent the improper use ofland and structures; to facilitate the establishment of adequate and economicsystems of water, sewage, drainage and other public facilities; to conserve theexpenditures of funds for the public improvement and services in order to providethe most advantageous uses of land, resources and properties.Section 1.03 - Scope of RegulationAmendment 107 to Zoning Ordinance 98Page 1 of 74

72737475767778798081828384858687888990919293No structure or tract of land, or part thereof, shall hereafter be usedor occupied, and no structure, or part thereof, shall be erected, altered, ormoved, except in conformity with the provisions of this Ordinance.Furthermore, any business or organization in violation of local, state orfederal law is prohibited from locating or operating within the JeromeTownship. However, where a building permit for a building or structure hasbeen issued in accordance with law prior to the effective date of thisOrdinance and construction is begun within six (6) months of the effectivedate, said building or structure may be completed in accordance with theapproved plans. Any subsequent text or map amendments shall not affectpreviously issued valid permits.By resolution, the Jerome Township board declined to adopt an ordinanceauthorizing any of the five types of medical marihuana facilities authorizedby PA 281 of 2016, a “marihuana facility shall not operate in JeromeTownship”, this includes growers, processors, secure transporters,provisioning centers, and safety compliance facilities.Section 1.04 - General ProcedureFor the purpose of this ordinance all of the unincorporated area in thetownship of Jerome except state owned land, has been divided into districts ofvaried shape, kind and area, called "districts" and regulations adopted for eachsuch district, but with due consideration for the character of each district, itsparticular suitability for particular purposes and the general trend of land,buildings and population growth. Districts shall be of such number, kind andarea and of such common unity of purpose, adaptability or use that are deemedmost suitable to conserve the value of buildings and to encourage the mostappropriate use of land throughout the township.Section 1.05 - Conflict With Other LawsShould any provision of this ordinance conflict with any other law, then theprovisions of the more stringent requirements, regulations, restrictions, orlimitations shall govern.Section 1.06 – Public NotificationThe Planning Commission shall hold a public hearing or hearings uponapplication for a special use permit, site plan review, and zoning changerequests. All notices must be published once in a newspaper of generalcirculation within the Township of Jerome at least 15 days before the date of themeeting or hearing.The notice must:1. Describe the nature of the zoning request, application, or action.2. State the time, date, and place of the meeting.3. Indicate the street address of the property that is the subject of therequest.Amendment 107 to Zoning Ordinance 98Page 2 of 74

291301311321331341351361371381391404. Indicate when and where written comments will be received concerningthe request.Notices must be sent by mail or personal delivery to all property owners andoccupants of structures within 300 feet of the property and to the owners of theproperty for which the approval is being considered.For zoning text amendment public hearings, a mail notice must be sent to theeach public utility, telecommunication service provider, and railroad operating inthe Township to the extent that the entity has registered their name and addresswith the Township Clerk for the purpose of receiving public hearing notices.Section 1.07 - Permits, Petition RequirementsProperty taxes, township fees, and all governmental liens must becurrent, paid and up to date in order to obtain a building permit or to applyfor a site plan, special use, variance, or rezoning.Section 2.02 – DefinitionsARTICLE IIDEFINITIONSAccess PropertyA property, parcel, or lot abutting a lake, and used or intended to be used,for providing access to a lake by pedestrian or vehicular traffic to and fromoffshore land.Accessory BuildingsA supplementary building or any structure on the same lot or parcel ofland as the main building.Any structure greater than 120 sq. ft. isconsidered an accessory building. Such use shall not include anyaccessory building for a dwelling.Access PropertyA property, parcel, or lot abutting a lake, and used or intended to be used,for providing access to a lake by pedestrian or vehicular traffic to and fromoffshore land.Accessory UseA use naturally and normally incidental to, subordinate to, and devotedexclusively to the main use of the land or buildings.Adult MediaMagazines, books, slides, prerecorded storage devices, or other mediathat are distinguished or characterized by their emphasis on matterdepicting, describing, or relating to sexually oriented hard-core material.Adult Media StoreAmendment 107 to Zoning Ordinance 98Page 3 of 74

74175176177178179180181182183An establishment that rents and/or sells adult media, and /or advertises orholds itself out in any form as “XXX,” “adult,” “sex”.Adult Motion Picture TheatreAn establishment emphasizing or predominately showing sexuallyoriented movies.Adult theatreA theater, concert hall, auditorium, or similar commercial establishmentwhich regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure ofspecified anatomical areas or by specified sexual activities.AlleyA public thoroughfare or way which affords only a secondary means ofaccess to abutting property.AgricultureThe use of land for tilling of the soil, the raising of tree and field crops andanimal husbandry.AlteredAny change in usage, location, square footage, or height of a building.ApartmentSee the definition of dwelling, multiple family.BasementThat portion of a building partly below average grade.BuildingAn independent structure having a roof supported by columns or wallsresting on a foundation.Building HeightThe vertical distance measured from the highest finish grade to thehighest point of the roof.Building Line:A horizontal line parallel to the structure wall, established by a vertical line, 90degrees to a level horizontal line, un-obstructed, from the ground upward,established by the outer most part of the structure.Amendment 107 to Zoning Ordinance 98Page 4 of 74

0201202203204205206207208209Building Line - Front:The building line on the street side of the building.Building Line - Side:The building line on the side of the building relative to the front building line.Building Line - Rear:The building line opposite the front building line.CarportsPortable or Stationary carports of any type shall be considered accessorybuildings.Commercial VehicleAny motor vehicle licensed as a commercial vehicle.Condominium unitA portion of a condominium subdivision designed and intended foroccupancy or use by the unit owner consistent with the provisions of themaster deed. A Condominium unit is not a lot or a parcel as those termsare used in this ordinance.Condominium useAny use as defined in the master deed.Amendment 107 to Zoning Ordinance 98Page 5 of 74

43244245246247248249250251252253254255256Display PubliclyThe act of exposing, placing, posting, exhibiting, or in any fashiondisplaying in any location, whether public or private, an item in such amanner that it may be readily seen and its content or characterdistinguished by normal unaided vision viewing it from a street, highway,or public sidewalk, or from the property of others, or from any portion ofthe premises where items and material other than adult media are ondisplay to the public.DrivewaysA way or means of approach which provides access to one or moreprincipal buildings under one ownership and which is constructed andmaintained by the owner and is not dedicated for general public use.Driveways must meet the specifications of the Midland County RoadCommission, a county permit is required for new or modified connectionsto a public road.DwellingA building used as the living quarters for one or more families.Dwelling AreaThe dwelling area of a dwelling unit is composed of sleeping rooms,kitchen, dining room, bathrooms, family rooms, dens, hallways, closets,entry ways, and living rooms.Dwelling UnitThat portion of a dwelling providing complete living quarters for one family.Dwelling, One-FamilyA detached dwelling designed for or occupied exclusively by one family.Dwelling, Two-FamilyA dwelling designed for or occupied exclusively by two families livingindependently of each other.Dwelling, Multiple FamilyA dwelling used and designed as a residence for three or more families,living independently of each other.Electronic Video MediaFilms, motion pictures, video cassettes, slides, digital video disks, or othersimilar electronic, digital, or mechanical image productions, characterizedby an emphasis on the display of specified sexual activity or specifiedanatomical areas.Essential ServicesAs defined by state law.Amendment 107 to Zoning Ordinance 98Page 6 of 74

90291292293294295296297298299300301302FamilyA family is any number of persons living on the premises comprising asingle housekeeping unit and related by blood or marriage, and includingthe domestic employees thereof.FarmAny parcel of land which is used for gain in the production of field and treecrops, livestock, poultry and dairy products.FenceA constructed barrier used to prevent or control entrance, confine within,or mark a boundary. For the purpose of this ordinance an open fence has80% clear vision, a privacy fence has less than 80% clear vision.Foster family homeA private home in which 1 but not more than 4 minor children, who are notrelated to an adult member of the household by blood or marriage, or whoare not placed in the household under the Michigan adoption code,chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to710.70, are given care and supervision for 24 hours a day, for 4 or moredays a week, for 2 or more consecutive weeks, unattended by a parent orlegal guardian.Foster family group homeA private home in which more than 4 but fewer than 7 minor children, whoare not related to an adult member of the household by blood or marriage,or who are not placed in the household under the Michigan adoption code,chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to710.70, are provided care for 24 hours a day, for 4 or more days a week,for 2 or more consecutive weeks, unattended by a parent or legalguardian.Family day care homeA private home in which 1 but fewer than 7 minor children are received forcare and supervision for periods of less than 24 hours a day, unattendedby a parent or legal guardian, except children related to an adult memberof the family by blood, marriage, or adoption. Family day care homeincludes a home in which care is given to an unrelated minor child formore than 4 weeks during a calendar year.GarageA building used for storage purposes by a family or families living on thepremises.Group day care homeAmendment 107 to Zoning Ordinance 98Page 7 of 74

36337338339340341342343344345346347348349A private home in which more than 6 but not more than 12 minor childrenare given care and supervision for periods of less than 24 hours a dayunattended by a parent or legal guardian, except children related to anadult member of the family by blood, marriage, or adoption. Group daycare home includes a home in which care is given to an unrelated minorchild for more than 4 weeks during a calendar year.Home OccupationAn occupation conducted solely by members of a family residing on thepremises.Junk YardA place, structure, or parcel of land where junk, discarded waste, salvage,or similar materials such as old iron or other metal, wood, lumber, glass,paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought,sold, exchanged, baled, packed, disassembled, stored, including autowrecking yards, used lumber yards, house wrecking yards, and places oryards for use of salvaged house wrecking and structural steel materialsand equipment.KennelAny premises where four (4) or more licensable dogs are maintained, orboarded for gain or are kept for the purpose of sale.Land FillA solid waste disposal area as defined by the rules and regulationspromulgated by the State of Michigan in accordance with Public Act No.641 the Solid Waste Management Act of 1978, as amended.Loading SpaceAn off-street space on the same lot with a building, or group of buildings,for the temporary parking of a vehicle while loading and unloadingmerchandise or materialsLotA parcel of land which is a part of a subdivision and is shown on a mapthereof, or described by metes and bounds.Lot, CornerA corner lot is a lot of which at least two adjacent sides abut for their fulllength upon a road, provided that such sides intersect at an angle of notmore than 135 degrees. A lot abutting upon a curved road or roads shallbe considered a corner lot if the tangents to the curve at its points ofbeginning within the lot intersect at an interior angle of not over 135degrees. In the case of a corner lot with a curved road line the cornershall be considered to be that point on the road lot line nearest to thepoint of intersection of the tangents here described.Amendment 107 to Zoning Ordinance 98Page 8 of 74

83384385386387388389390391392393394395MarihunaAlso known as marijuana or cannabis. That term shall have the meaninggiven to it in section 7601 of the Michigan public health code, 1978 PAS368, MCL 333.7106, and as is referred to in section 3(d) of the MichiganMedical Marihuana Act, P.A. 2008, Initiated Law, MCL 333.26423(d). Anyother term pertaining to marihuana used in this section and not otherwisedefined shall have the meaning given to it in the Michigan MedicalMarihuana Act and/or in the General Rules of the Michigan Department ofCommunity Health issued in connection with that Act.MediaAnything printed or written, or any picture, drawing, photograph, motionpicture, film, videotape or videotape production, or pictorial representation,or any electrical or electronic reproduction of anything that is or may beused as a means of communication. Media includes but shall notnecessarily be limited to books, newspapers, magazines, movies, videos,sound recordings, CD, other magnetic media, and undeveloped pictures.Media shopA general term, identifying a category of business that may includesexually oriented material but that is not subject to the special provisionsapplicable to adult media shops. In that context, media shop means aretail outlet offering media for sale or rent, for consumption off thepremises provided that any outlet meeting the definition of adult mediashop shall be treated as an adult media outletMedical Use of Marihuana.The acquisition, possession, cultivation, manufacture, use, internalpossession, delivery, transfer, or transportation of marihuana orparaphernalia relating to the administration of marihuana to treat oralleviate a registered qualifying patient's debilitating medical condition orsymptoms associated with the debilitating medical condition, as definedunder the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law,MCL333.26423(d).Mobile HomeA titled structure, which is built on a chassis and designed for minimalconveyance upon a public thoroughfare; and is constructed in such amanner as will permit occupancy thereof as a permanent dwelling.Mobile Home ParkA parcel of land upon which three or more mobile homes are located fordwelling purposes.MotelAmendment 107 to Zoning Ordinance 98Page 9 of 74

29430431432433434435436437438439440441442An establishment where individual rooms or suites are rented to transientsand shall not be construed to be a multiple dwelling.Nonconforming UseThe use of land or structures that does not conform to the regulations ofthe District in which it is situated.Open SpacesSee Section 11.12Parcel of LandLand under one ownership.PremisesA parcel of land together with the buildings thereon.PondsWhen more than 1200 square feet in surface area requires a site planreview by the Planning Commission and a township pond permit by thebuilding inspector.Private RoadA way or means of approach which provides access to two or moreprincipal buildings, and which is constructed and maintained by the owneror owners and is not dedicated for general public use. Parking aisles andparking lot maneuvering lanes shall not be construed to be private roads.Public RoadA way or means of approach which provides access and which isconstructed to the Midland County Road Standards and is dedicated forgeneral public use and maintained by the Midland County RoadCommission.Right of WayA public or private thoroughfare or easement of access includingwaterways.Right of Way LineThe established right-of-way line or if not established shall be thirty-three(33) feet from the center of the road.Road or StreetA public or private thoroughfare used for vehicular travel.Rooming HouseA dwelling in which rooms are rented to 1 or more persons.Amendment 107 to Zoning Ordinance 98Page 10 of 74

76477478479480481482483484485486487488489Service StationsAny area of land including the structures thereon, that is used or designedto be used for the retail supply of gasoline, oil, other fuels and which mayinclude facilities used or designed to be used for polishing, greasing,washing, spraying, dry cleaning, cleaning or servicing such motorvehicles, including towing service.Sexually Oriented BusinessAn inclusive term used to describe collectively: adult cabaret, adult motionpicture theater; adult media store; bathhouse; massage shop; modelingstudio and/or sex shop. This collective term does not describe a specificland use and should not be considered a single-use category.Sexually Oriented Toys or NoveltiesInstruments, devices, or paraphernalia either designed asrepresentations of human genital organs or female breasts, or designed ormarketed primarily for use to stimulate human genital organs.Storage shedA small structure with four enclosed side walls, a peaked roof, or a singlesloped roof (such as a potting shed), and the roof will have a minimum of15 degree of roof pitch regardless of shed style. A shed may or may notbe built from a prepackaged kit and may or may not be located on aconcrete slab or be anchored. A storage shed shall have maximum floordimensions of 10 feet X 12 feet, overhang of less than 1 foot on a side,and be a maximum of 10 feet 6 inches tall from grade. Note: Largeroverhangs than 1 foot per side is permitted but the excess will count aspart of the floor dimension. Storage sheds must be positioned anddesigned to be portable or movable if conditions require. Storage Shedsdescribed here are not considered accessory buildings as defined inJerome Township Ordinance NO. 98 and do require a zoning permit, ifthey meet all requirements set forth in this ordinance. Storage Shed “likestructures” with a floor area of less than 25 square feet ( i.e. 5 foot X 5foot ) some examples of which are (but not limited to) very small storageunits, children bus shelter, wood box, dog house, etc. are exempted fromthe requirements of this ordinance.StructureAny combination of materials to form any type of construction whatsoever.Some examples of structures include but is not limited to; sheds, fences,signs, and decks.Special UseHearing required, see Article X.TowersSee Section 11.13.Amendment 107 to Zoning Ordinance 98Page 11 of 74

23524525526527528Tourist HomeA dwelling in which overnight accommodations are rented to transientguests.VarianceA modification of the specific regulations of this ordinance granted byresolution of the Board of Appeals in accordance with the terms of thisordinance.Wireless Communication FacilitiesSee Section 11.13.Yard, FrontAn unoccupied space between the road right-of-way and the front buildingline.Yard, RearAn unoccupied space between the rear property line and the rear buildingline.Yard, SideAn unoccupied space between the side building line and the adjacent sideproperty line.Yard Requirements – permitted projection into required yardrequirement:An open unenclosed and uncovered porch, paved terrace, or deck within3 feet of ground level, may project no further than 10 feet in the requiredfront yard nor more than 15 ft into the required back yard. No projectioninto the side yard requirement is permitted. Any porch, terrace, deck, orbalcony, which is enclosed, shall meet the minimum set backrequirements of the main building or accessory building to which it isattached. Sidewalks and driveways at ground level have no set backrequirement within the property boundary.Amendment 107 to Zoning Ordinance 98Page 12 of 74

529530531532533534535536Section 2.03 Undefined TermsAny term not defined herein shall have the meaning of common orstandard use.Amendment 107 to Zoning Ordinance 98Page 13 of 74

3554555556557558559560561562563564565566ARTICLE IIIESTABLISHMENT OF DISTRICTS AND ZONING MAPSection 3.01For the purpose of this ordinance all of the unincorporated area in thetownship of Jerome except state owned land is hereby divided into the followingdistricts, to be known as, and having the following symbols:District A - Residential, One FamilyDistrict B - Residential, Multiple FamilyDistrict C - Commercial, BusinessDistrict D - Commercial, GeneralDistrict E - AgriculturalDistrict F - IndustrialSection 3.02 - Zoning MapSaid districts are bounded and defined as shown on a map entitled"Zoning Map of Jerome Township" which accompanies and which, with allexplanatory matter thereon, is hereby made a part of this ordinance.Section 3.03 - Location of District BoundariesWhere the boundaries of districts are so indicated that they appear as:A. approximately following the center lines of streets or highways orB. approximately following platted lot lines orC. approximately following shorelines orD. approximately following the center lines of streams or rivers shall beconstrued as such. If no distance is indicated such dimensions shall bedetermined by use of the scale on said Zoning Map.Amendment 107 to Zoning Ordinance 98Page 14 of 74

00601602603604605606607608609610611612613ARTICLE IVDISTRICT A - RESIDENTIAL, ONE FAMILYSection 4.01 - Uses PermittedNo building or structure, or any part thereof, shall be erected,altered, or used, or land or premises used, in whole or in part, forother than one or more of the following specified uses:1. Detached one-family dwellings2. Home occupations when carried on by the occupants within thedwelling and/or garage. The home occupation, activities,processes, materials, equipment, and conditions of the homeoccupation will not be detrimental to the public welfare, personsor property by reason of excessive production of traffic, noise,smoke, fumes, flare, or odors.3. Tourist homes4. Accessory uses, buildings and structures customarily incidentalto any of the above permitted uses, including not more than oneunattached accessory building with side walls not to exceedtwelve (12) feet in height from the floor level to the top of theupper plate, with ground floor square footage not to exceed 600square feet or 3% of the lot area whichever is greater not toexceed 1200 square feet on large lots. The structures musthave finished exterior siding, within which may be stored notmore than one commercial vehicle.5. The keeping of not more than two (2) roomers or boarders andstate licensed residential facilities as per PA 110 section125.3206 as amended.6. Unlighted Signs pertaining to the sale, lease or rental of a lot orbuilding placed thereon, shall not exceed eight (8) square feetin area on any one parcel. Unlighted General signs not toexceed 2 square feet on any one parcel when flush mounted tothe dwelling or garage.7. Recreational vehicles, campers, tents or similar movablestructures shall not be considered and or used as accessorybuildings or structures.8. No more than one storage shed per residential dwelling isallowed. Storage Sheds are not allowed to be used fortemporary living quarters, dwelling, camping; storing or parkingautomobiles.All trailers, a few examples of which are,recreational vehicles, campers, tents, livestock trailers,construction trailers, shall not be considered sheds under thisordinance or used as Storage Sheds.9. No trailer, RV, pop-up tent camper, motor home, travel trailer,fifth wheel, tent or any noncompliant dwelling structure withinthe zoning district may be used as living space outside theboundaries of a state licensed campground for more than 30Amendment 107 to Zoning Ordinance 98Page 15 of 74

47648649650651652653654655656657658659660days per calendar year provided safe water and access tosanitary waste facilities are available on the premises.10. Each residence is allowed 4 “garage or yard sales” for amaximum of 5 days each with at least 30 days between salesper calendar year. Garage sales must be managed in anydistrict in which they are held so as not to create traffic hazardsor impinge on neighbors to the extent they create a nuisance.All signs must be removed at the end of the sale and theowners address shall be identified on each sign.11. Special uses as provided by Article X:A.Privately owned and publicly owned cemeteries.B.Schools and educational institutions.C.Hospitals, sanitariums and rest homes.D.Institutions of a philanthropic or charitable nature.E.Public utility substations, buildings and towersincluding law enforcement, fire protection, andemergency medical facilities.F.Churches, missions, and other buildings wheremeetings of a religious nature are to be held,however, no live-in facilities beyond that which arenormally allowed as dwellings for that district will beallowed.G.Libraries and museums.H.State licensed residential group day care homes asper PA 110 section 125.3206 as amended.I.Open Space Preservation - see Section 11.12J.Wireless Communication Facilities - see Section11.13K.Conversion of an accessory structure to a dwelling.Section 4.02 - Size of Dwelling LotsEvery parcel of land upon which a dwelling is hereafter erected or alteredshall be not less than 15,000 square feet in area nor less than one hundred(100) feet in width at the building site; provided, however that this requirementshall not apply to a parcel of land less in size than said area and identified underone ownership on record prior to November 5, 1968. Every parcel of land shallprovide a minimum width of thirty (30) feet at the point of access to the premises.Section 4.03 - Yard RequirementsEvery lot on which a building is erected shall have a front yard not less thantwenty-five (25) feet in depth from the right-of-way, a rear yard of not less thanthirty-five (35) feet in depth and side yards of each side not less than ten (10)feet in width. Side yards of lots may be reduced to eight (8) feet, provided thelots are of

1 JEROME TOWNSHIP ORDINANCE NO. 98 2 3 An ordinance to amend the "Jerome Township Zoning Ordinance no. 1" as 4 amended, Midland County, Michigan. 5 6 The Township of Jerome, Midland County, Michigan, pursuant to the authority . 108 current, paid and up to date in order to obtain a buildin