Bedford Township Ordinance No. 44A-307

PAID PUBLIC NOTICE

 

BEDFORD  TOWNSHIP

 ORDINANCE  NO.  44A-307

ZONING  ORDINANCE  AMENDMENT

POOLS IN AG AGRICULTURAL ZONING DISTRICT

An Ordinance enacted pursuant to Act 110, Public Acts of 2006, as amended, better known as the “Michigan Zoning Enabling Act”, and according to the Master Plan of the Township as has been adopted and amended from time to time; to amend Bedford Township Ordinance No. 44, as amended, known as the “Township of Bedford Zoning Ordinance”, which originally became effective May 5, 1977; so as to allow for pools in an agricultural zoning district, and to do so by modifying and adding provisions to the end of Section 901 [400.901]; and for the purpose of promoting and protecting the public health, safety and general welfare of the residents and properties of the Township of Bedford.

THE  TOWNSHIP  BOARD  OF  THE  TOWNSHIP  OF  BEDFORD,  COUNTY  OF  MONROE,  STATE  OF MICHIGAN,  HEREBY  ORDAINS:

SECTION 1.  AMENDMENT TO SECTION 901, “PRINCIPAL USES PERMITTED IN ARTICLE IX, AG AGRICULTURAL DISTRICTS, TO ALLOW FOR POOLS.

Ordinance No. 44, known as the “Township of Bedford Zoning Ordinance”, shall be amended as follows:

A. New paragraph 14. shall be added to the end of Section 903 to immediately follow existing paragraph 13., and such new paragraph 14. shall hereafter state as follows:

  14. Private pools shall be permitted as an accessory use incident to a single-family dwelling within the rear yard or side yard, provided they meet the following requirements:

      (a) No swimming pool, or part thereof, shall be hereafter erected or constructed unless a building permit shall have been first issued for such work by the Township of Bedford Building Inspector.

      (b) There shall be a minimum distance of not less than ten feet between adjoining property lines, or alley right-of-way and the outside of the swimming pool wall. Side yard set-back shall apply if greater than ten feet.

      (c) There shall be a distance of not less than seven feet between the outside swimming pool wall and any building located on the same lot.

      (d) No swimming pool wall shall be located less than 35 feet from any street right-of-way line or any existing dwelling unit on abutting property.

      (e) No swimming pool shall be located in an easement.

      (f) For the protection of the general public, all areas containing swimming pools shall be completely enclosed by a fence not less than four feet in height above the surface of the ground, of chain link or equally impenetrable construction. All vertical members of said fence shall be on the swimming pool side thereof and all horizontal members shall be spaced not more than one and one-half inches apart. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate and not readily available for children to open. Gates shall be capable of being securely locked. Such enclosure shall be located not more than 100 feet distant from the swimming pool. A building or masonry wall at least four feet in height may be used as all or part of such swimming pool enclosure.  However, if the swimming pool is constructed above ground so that the exterior thereof is at least 44 inches above ground level, measuring perpendicularly from the top of said pool, and the exterior construction of said above-ground pool meets the minimum construction standards for pool enclosures contained in the preceding paragraph, and entry into such above-ground pool is only by means of a ladder that locks up into place when the pool is not in use, then the fence and gate required in the preceding paragraph of this Section shall not be required.  

SECTION 2. REPEAL

All ordinances or parts of ordinances in conflict with this Ordinance are, to the extent of such conflict, repealed.

SECTION 3. SEVERABILITY

This Ordinance, and the various parts, sentences, paragraphs, sections, subsections, phrases and clauses thereof are hereby declared to be severable and if any of them are adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected.

SECTION 4.  EFFECTIVE DATE

This Ordinance shall become effective eight (8) days after publication of a Notice of Adoption in a newspaper of general circulation in the Township of Bedford, Monroe County, Michigan, unless otherwise provided by law.

            THE  TOWNSHIP  BOARD,

            BEDFORD TOWNSHIP,

            COUNTY  OF  MONROE,

            STATE  OF  MICHIGAN:

            Trudy L. Hershberger,

            Bedford Township Clerk

AUTHENTICATED:

Greg W. Stewart,

Bedford Township Supervisor

        ADOPTED: August 16, 2016

        PUBLISHED: August 22, 2016

        EFFECTIVE: August 30, 2016

AUGUST 22, 2016