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Palace Chrysler-Jeep

Orion Township


, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Articles II, V, VI, VII, and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 5.02, 5.13, 5.24, 6.02, 7.02, and 27.02, to define and regulate hom



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July 13, 2011 - NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION

AMENDMENT TO ORD. 78, ZONING ORDINANCE

ARTICLES II, V, VI, VII, AND XXVII

HOME OCCUPATION

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, August 1, 2011, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Articles II, V, VI, VII, and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 5.02, 5.13, 5.24, 6.02, 7.02, and 27.02, to define and regulate home occupation; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.

THE CHARTER TOWNSHIP OF ORION ORDAINS:

SECTION 1 of Ordinance

Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Articles II, V, VI, VII, and XXVII are amended by adding the herein after language in the Articles as follows:

ARTICLE II Construction of Language and Definitions

* * *

Section 2.01 Definitions

* * *

Home Occupation: Any use customarily conducted entirely within the dwelling and carried on by the inhabitants occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas. One (1) non-illuminated name plate, not more than one (1) square foot in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, kennels, and millinery shops, among others, shall not be deemed to be home occupations.

* * *

ARTICLE V Single Family Residential: SF, SE & SR

Section 5.02 Accessory Uses Permitted

* * *

I. Home occupations shall be permitted in any residential dwelling, provided that such home occupations conform to the standards set forth in Section 27.02 (B) of this Ordinance. Permitted home occupations include, but are not necessarily limited to, the following:

1. Artists and pottery makers.

2. Authors and composers.

3. Dressmakers, seamstresses, and tailors.

4. Family day care homes, limited to not more than six (6) children.

5. Home crafts, such as model making, rug weaving, lapidary work, and jewelry making.

6. Music or dancing teachers, provided that the instruction is limited to one (1) pupil at a time.

7. Office facility of a physician, dentist, lawyer, architect, clergyman, or other professional person, provided that residence is used only for consultation, emergency treatment, or business matters that can be carried on by the professional alone, but not for the general practice of the profession. Installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession shall be prohibited.

8. Office facility of a salesperson, sales representative, or manufacturer's representative.

9. Taxidermy excluding any tanning operations.

10. The following uses, by the nature of their operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of the surrounding residential neighborhood. Therefore, the uses specified below shall not be permitted as home occupations:

a. Animal hospitals and kennels.

b. Auto repair, minor and major.

c. Antique shops.

d. Barber shops and beauty parlors.

e. Clinics and hospitals.

f. Mortuaries or funeral homes.

g. Private clubs.

h. Renting of trailers.

i. Restaurants and tea rooms.

j. Tourist homes.

k. Repair shops or service establishments.

Section 5.13 Accessory Uses Permitted

H. Home occupations shall be permitted in any residential dwelling, provided that such home occupations conform to the standards set forth in Section 27.02 (B) of this Ordinance. Permitted home occupations include, but are not necessarily limited to, the following:

1. Artists and pottery makers.

2. Authors and composers.

3. Dressmakers, seamstresses, and tailors.

4. Family day care homes, limited to not more than six (6) children.

5. Home crafts, such as model making, rug weaving, lapidary work, and jewelry making.

6. Music or dancing teachers, provided that the instruction is limited to one (1) pupil at a time.

7. Office facility of a physician, dentist, lawyer, architect, clergyman, or other professional person, provided that residence is used only for consultation, emergency treatment, or business matters that can be carried on by the professional alone, but not for the general practice of the profession. Installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession shall be prohibited.

8. Office facility of a salesperson, sales representative, or manufacturer's representative.

9. Taxidermy excluding any tanning operations.

10. The following uses, by the nature of their operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of the surrounding residential neighborhood. Therefore, the uses specified below shall not be permitted as home occupations:

a. Animal hospitals and kennels.

b. Auto repair, minor and major.

c. Antique shops.

d. Barber shops and beauty parlors.

e. Clinics and hospitals.

f. Mortuaries or funeral homes.

g. Private clubs.

h. Renting of trailers.

i. Restaurants and tea rooms.

j. Tourist homes.

k. Repair shops or service establishments.

Section 5.24 Accessory Uses Permitted

H. Home occupations shall be permitted in any residential dwelling, provided that such home occupations conform to the standards set forth in Section 27.02 (B) of this Ordinance. Permitted home occupations include, but are not necessarily limited to, the following:

1. Artists and pottery makers.

2. Authors and composers.

3. Dressmakers, seamstresses, and tailors.

4. Family day care homes, limited to not more than six (6) children.

5. Home crafts, such as model making, rug weaving, lapidary work, and jewelry making.

6. Music or dancing teachers, provided that the instruction is limited to one (1) pupil at a time.

7. Office facility of a physician, dentist, lawyer, architect, clergyman, or other professional person, provided that residence is used only for consultation, emergency treatment, or business matters that can be carried on by the professional alone, but not for the general practice of the profession. Installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession shall be prohibited.

8. Office facility of a salesperson, sales representative, or manufacturer's representative.

9. Taxidermy excluding any tanning operations.

10. The following uses, by the nature of their operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of the surrounding residential neighborhood. Therefore, the uses specified below shall not be permitted as home occupations:

a. Animal hospitals and kennels.

b. Auto repair, minor and major.

c. Antique shops.

d. Barber shops and beauty parlors.

e. Clinics and hospitals.

f. Mortuaries or funeral homes.

g. Private clubs.

h. Renting of trailers.

i. Restaurants and tea rooms.

j. Tourist homes.

k. Repair shops or service establishments.

Article VI Single Family Residential: R-1, R-2 & R-3

Section 6.02 Accessory Uses Permitted

D. Home occupations shall be permitted in any residential dwelling, provided that such home occupations conform to the standards set forth in Section 27.02 (B) of this Ordinance. Permitted home occupations include, but are not necessarily limited to, the following:

1. Artists and pottery makers.

2. Authors and composers.

3. Dressmakers, seamstresses, and tailors.

4. Family day-care homes, limited to not more than six (6) children.

5. Home crafts, such as model making, rug weaving, lapidary work, and jewelry making.

6. Music or dancing teachers, provided that the instruction is limited to one (1) pupil at a time.

7. Office facility of a physician, dentist, lawyer, architect, clergyman, or other professional person, provided that residence is used only for consultation, emergency treatment, or business matters that can be carried on by the professional alone, but not for the general practice of the profession. Installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession shall be prohibited.

8. Office facility of a salesperson, sales representative, or manufacturer's representative.

9. Taxidermy excluding any tanning operations.

10. The following uses, by the nature of their operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of the surrounding residential neighborhood. Therefore, the uses specified below shall not be permitted as home occupations:

a. Animal hospitals and kennels.

b. Auto repair, minor and major.

c. Antique shops.

d. Barber shops and beauty parlors.

Article VII Multiple Family Residential Districts, RM-1 & RM-2

Section 7.02 Accessory Uses Permitted

I. Home occupations shall be permitted in any residential dwelling, provided that such home occupations conform to the standards set forth in Section 27.02 (B) of this Ordinance. Permitted home occupations include, but are not necessarily limited to, the following:

1. Artists and pottery makers.

2. Authors and composers.

3. Dressmakers, seamstresses, and tailors.

4. Family day-care homes, limited to not more than six (6) children.

5. Home crafts, such as model-making, rug-weaving, lapidary work, and jewelry-making.

6. Music or dancing teachers, provided that the instruction is limited to one (1) pupil at a time.

7. Office facility of a physician, dentist, lawyer, architect, clergyman, or other professional person, provided that the residence is used only for consultation, emergency treatment, or business matters that can be carried on by the professional alone, but not for the general practice of the profession. Installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession shall be prohibited.

8. Office facility of a salesperson, sales representative, or manufacturers' representative.

9. Taxidermy, excluding any tanning operations.

10. The following uses, by the nature of their operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of the surrounding residential neighborhood. Therefore, the uses specified below shall not be permitted as home occupations:

a. Animal hospitals and kennels.

b. Auto repair, minor and major.

c. Antique shops.

d. Barber shops and beauty parlors.

e. Clinics and hospitals.

Article XXVII General Provisions

Section 27.02 Buildings, Structures, and Uses

B. Home Occupations.

Home occupations shall be subject to the requirements of the zoning district in which they are located, as well as the following standards:

1. The home occupation must be clearly incidental to the use of the dwelling as a residence.

2. No outdoor display or storage of outdoor materials, outdoor goods, outdoor supplies, or outdoor equipment used in the home occupation shall be permitted on the premises.

3. The appearance of the structure shall not be altered nor shall the home occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

4. The home occupation shall not occupy more than thirty percent (30%) of the total floor area of the dwelling. Only the residents of the dwelling unit may be engaged in the home occupation.

5. The home occupation may increase vehicular traffic flow and parking by no more than two (2) additional vehicles at a time for any clients, employees, contractors, or other individuals associated with the home occupation who are not residents. The delivery of goods, presence of employees (other than resident employees), or the visit of customers shall not occur before 6am or after 8pm. one (1) additional car at a time. No more than ten (10) customers or clients shall come to the dwelling unit for services or products during any one (1) day. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

6. No home occupation shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

7. No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity, telephone, trash removal, etc.) so that the combined total use for the dwelling unit and home occupation exceeds the average for residences in the neighborhoods.

8. One (1) non-illuminated nameplate, not more than one (1) square foot in area, shall be permitted. Said sign shall be attached flat to the building wall, and shall contain only the name and occupation of the residents of the premises.

9. A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than normally occurs in a similarly zoned residential district.

10. At any given time, not more than one (1) employee, who does not live at the residence, shall be allowed to work at the residence conditioned upon the resident supplying the Township with the name and address of that employee.

11. No home occupation shall produce a product at the residence whose production is regulated by state, county or federal law.

12. No home occupation shall manufacture a product at the residence whose manufacturing is regulated by state, county or federal law.

13. No home occupation shall store any product or materials at a residence whose storage is regulated by state, county or federal law.

14. No home occupation shall distribute a product directly from the residence whose distribution is regulated by state, county or federal law.

SECTION 2 of Ordinance

All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby

SECTION 3 of Ordinance

The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

SECTION 4 of Ordinance

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.

SECTION 5 of Ordinance

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 1st day of August, 2011, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 07.13.11

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