Ordinance Adoption – Webster Township 8/21/18





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ORDINANCE 07-18

WEBSTER TOWNSHIP

AMENDMENT TO WEBSTER TOWNSHIP ZONING ORDINANCE



At  a regular meeting  of  the Township  Board  of Webster  Township,  Washtenaw County, Michigan, held at the Webster Township Hall on Thursday, August 21, 2018, at 7:00 p.m.,

Member Scharf moved to introduce the following Ordinance, which motion was seconded by Member Calleja:

An  Ordinance to  amend  the Webster  Township  Zoning Ordinance and to repeal any ordinances or parts of ordinances or resolutions in conflict with this Ordinance.

THE TOWNSHIP OF WEBSTER ORDAINS:

Amendment of Article 2, Section 2.10 of the Zoning Ordinance: Definitions:  The Webster Township Zoning Ordinance, Article 2, Section 2.10 shall be amended by deleting the defined term “Inoperable or Abandoned Motor Vehicle” and replacing it with the following:

Inoperable or Junk Motor Vehicle. Any Motor Vehicle that either: (i) is intended to be self-propelled but is incapable of being propelled under its own power, whether by reason of dismantling, disrepair or other cause; or (ii) does not bear an affixed current license plate and current vehicle registration.

Amendment of Article 2, Section 2.10 of the Zoning Ordinance: Definitions:  The Webster Township Zoning Ordinance, Article 2, Section 2.10 shall be amended by revising the definitions of “Junk” and “Junk Yard” to read as follows:

Junk. Any Motor Vehicles, machinery, appliances, products, or merchandise with parts missing, or scrap metals or other trash, rubbish, refuse, paper, building materials and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, plastic, cordage or scrap materials that are damaged or deteriorated whether or not the same could be put to any reasonable use, except if in a completely enclosed building. Junk includes any Inoperable or Junk Motor Vehicle and shall also include, whether licensed or  not, any  Motor  Vehicle that  is  inoperative for  any reason  and  that is  not  in  a completely enclosed building.

Junk Yard. An open lot or any accessory buildings where waste, used, or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to, scrap iron and other metals, paper, rags, tires, wood, and bottles. The term junk yard shall include automobile graveyards.

Amendment of Article 2, Section 2.10 of the Zoning Ordinance: Definitions:  The Webster Township Zoning Ordinance, Article 2, Section 2.10 shall be amended to insert the following definition in its proper alphabetical order:

Motor Vehicle. “Motor Vehicle” means, but is not limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, boat trailers, utility trailers, or other similar devices capable of moving or being moved on public right-of- way, and shall also include parts of vehicles, but shall not

include farm machinery, prominently displayed ornamental machinery, devices designed to be moved by human or animal power, or devices used exclusively upon stationary rails or tracks.

Amendment of Article 13, Section 13.105.A.(2) of the Zoning Ordinance: Parking and Storage of Vehicles/Trailers: The Webster Township Zoning Ordinance, Article 13, Section 13.105.A.(2) shall be amended to read as follows:

(2)       Inoperable or Junk Motor Vehicles shall not be parked or stored other than (i) in completely enclosed, permanent structures or (ii) otherwise in a manner that is not visible from surrounding properties or from any public place.  Notwithstanding the foregoing,  the   following  are   exempt  from  the   provisions  of  this   Section

13.105.A.(2):

(a)       Any Inoperable or Junk Motor Vehicle that is not visible from a public or private street or road, or from other public or private property;

(b)       Up to  two  Inoperable or Junk  Motor  Vehicles that  are  in  the process of restoration, and that are recognized by national vehicle organizations such as the Vintage Motor Car Club of America, the Specialty Equipment Market Association or the Classic Car Club of America as an antique, vintage, historic, classic, or muscle or special interest vehicle.  Such vehicles, when located in public view prior to or during the restoration process, shall, upon request by the Zoning Administrator, be moved to a storage or work area not readily visible by the general public;

(c)       Up to  two  Inoperable or  Junk  Motor Vehicles  for  which the landowner can show current registration in his or her name, and for which (s)he submits a declaration expressing his or her intent to bring the same into operating condition within one year from the date of the declaration, and which are not parked on public roads or shared easements; and placed so as minimize public view, and which are kept free of accumulating garbage and other health hazards; and

(d)       With respect  to  agricultural farm  operations  located in  the Agricultural zoning district, one Inoperable or Junk Motor Vehicle shall be permitted on each such farm operation, provided that the vehicle is either operable, or not readily visible from any public place or from surrounding private property.

Amendment of Article 13, Section 13.160 of the Zoning Ordinance: Storage of Materials: The Webster Township Zoning Ordinance, Article 13, Section 13.160 shall be amended to read as follows:

Section 13.160 : Storage   of   Rubbish,  Scrap,   Unused   Items  and   Similar Materials

  1. Garbage,trash and  similar  refuse to  be  stored outside  a  building in  the Commercial (C), Office (O) and Industrial (I) Districts shall be stored within lidded containers and said containers shall be stored within a screened enclosure. The enclosure shall be constructed of an opaque material, such as wood, concrete blocks,

or bricks, and shall be enclosed on at least three (3) sides. The fourth side may be open for access or access may be provided by one or more gates. The storage area shall have a concrete floor at least four (4″) inches thick.

  1. Thelocation  and  storage of  abandoned,  discarded, unused,  unusable,  or inoperative appliances;  furniture; equipment; vehicles  (including  Inoperable or Junk Motor Vehicles); boats; trailers; cars; vans; trucks; junk; or materials such as wood, metal, plastic, glass, rubber and synthetic materials shall be regulated as follows, except for junk yards, in which case the regulations pertaining to junk yards shall apply.

(1)       Unless otherwise specifically provided as part of a special use or site plan approval, the owner or tenant shall locate and store such materials within a completely enclosed structure. Such storage shall be for future transfer to other premises and shall not be for the purpose of hire or sale.

(a)          Notwithstanding the foregoing Section 13.160.B.(1), with respect to Junk or Inoperable Motor Vehicles located on a property dedicated exclusively to residential use (and provided that such property does not constitute or contain a junk yard as defined in this Ordinance), the provisions of Section 13.105.A.(2) shall control and govern with respect to the storage of such Junk or Inoperable Motor Vehicles on such residential property.

(2)       On any lot or parcel in any Industrial District (I), the owner or tenant shall locate and store such materials:

(a)          Within a completely enclosed building, where required; or

(b)          Where outdoor storage is permitted, within an area surrounded by a solid, non-pierced fence or wall at least seven (7′) feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for said districts.

Effective Date: This Ordinance shall take effect seven (7) days after publication of a notice of adoption of this Ordinance, unless referendum procedures are initiated under MCL125.3402. If referendum procedures are initiated, this Ordinance will take effect in accordance with MCL 125.3402.

YEAS:   Koch, Kleinschmidt, Scharf, Calleja, Kingsley, Whitney, Westman

ORDINANCE DECLARED ADOPTED.

 

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Seth Kinker

Reporter/Digital Media for The Sun Times News

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