NOTICE IS HEREBY GIVEN that at its regular meeting on March 16, 2021, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI 48346, the Charter Township of Independence Board of Trustees approved the Second Reading and Adoption of an Amendment to the Township’s Code of Ordinances, Chapter 50, “Article 2, “Definitions,” Section 2.02, “Definitions,” Article 4, “District Regulations,” Section 4.06, “R-1a Single-Family Residential,” Section 4.09, “R-1R Rural Residential,” Section 4.12, “R-4 Single-Family,” Section 4.13, “RMT Manufactured Home Park,” And Article 5, “General Provisions, Section 5.10, “Home Occupations.”
The following is a summary as prepared by Daniel J. Kelly, Charter Township of Independence Attorney, of Ordinance No. 2021-50-002 as adopted on March 16, 2021. It is the purpose of this Ordinance to address deficiencies in the current regulations relating to home occupations within the Township, pursuant to the Township’s police power to protect the health, safety, and general welfare of the citizens of the Township.
A true copy of the Ordinance is on file and available for viewing between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Ctr. Dr., Clarkston, MI 48346.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF INDEPENDENCE
ORDINANCE NO. 2021-50-002
ORDINANCE AMENDING ZONING ORDINANCE
(Text Amendments to Zoning Ordinance)
Section 1 of Ordinance
ARTICLE II. – DEFINITIONS
Sec. 2.02 – Definitions.
Definitions – provides the meaning of integral words and phrases in the ordinance. Definitions for Class I and Class II Home Occupations were added.
Sections 1 through 5 of Ordinance
Article IV – PERMITTED PRINCIPAL
USES AND SPECIAL LAND USES
Sec. 4.06 – 4.13
Sec. 4.06 – 4.13 states the Districts where Class I and/or Class II home occupations are authorized as a permitted principal use or as a special land use. Class I home occupations are authorized as a permitted principle use in the following Districts subject to the standards set forth in Section 5.10: R-1A Single-Family Residential; R-1R Rural Residential; R-2 Multiple Family Residential; R-4 Single-Family Attached; RMT Manufactured Home Park. Class II Home Occupations are authorized as a special land use in the following districts: R-1A Single-Family Residential; R-1R Rural Residential; R-2 Multiple Family Residential.
Section 6 through 10 of Ordinance
ARTICLE V. – Home Occupations
Sec. 5.10 – General Provisions
Sec. 5.10 addresses requirements applicable to all Home Occupations, including those specific to Class I Home Occupations and Class II Home Occupations. Class I Home Occupations do not require a permit, but are subject to the several requirements set forth in sec. 5.10(G)(1)-(5). Class II Home Occupations require special land use approval and are subject to the requirements set forth in Sec. 5.10(I)(1)-(8)
Section 11. REPEALER.
All ordinances, parts of ordinances or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.
Section 12. SEVERABILITY.
If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.
Section 13. SAVINGS.
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.
Section 14. EFFECTIVE DATE.
The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication. If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined. A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.
Ayes: Nallamothu, Ritchie, Kittle, Neubeck, Loughrin, Brown
Nays: None
Abstentions: None
Absent: Aliaga
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the sixteenth day of March 2021, the original of which is on file in my office.
CHARTER TOWNSHIP OF INDEPENDENCE
By: Cari J Neubeck, Clerk
Introduced: February 2, 2021
Published: February 17, 2021-Clarkston News
Adopted: March 16, 2021
Fees Adopted: March 16, 2021
Published: March 24, 2021
Effective: April 1, 2021