Clinton County BZA approves special exception for accessory apartment on contracting business property

The Clinton County Board of Zoning Appeals on Jan. 28 approved a special exception allowing an accessory apartment in a detached accessory structure on a five-acre property on the north side of East State Road 28, between 380 East and 500 East in Section 9 of Michigan Township.

County planning staff described the request as "a request for a special exception for an accessory apartment in an accessory structure," noting the parcel is zoned agricultural and the property's primary use is a contracting business that dismantles, restores and reerects barns. The staff report said the apartment would be a new, detached structure and that the property owner intends to live there if the request is approved.

The staff report cited the development standards the board must find: that the accessory apartment be secondary and incidental to the principal use, be either attached or detached (this proposal is detached), limit one accessory apartment per parcel, and require the owner to reside on-site. The report also noted the owner has filed a soil-suitability report with the health department and that a septic system must be installed and approved before a certificate of occupancy will be issued.

County staff recommended approval with three conditions: (1) if the owner later splits the residential structure from the business or vice versa, a minor subdivision will be required; (2) the accessory structure must meet primary-structure setbacks to accommodate a possible future subdivision; and (3) the property owner must live in the accessory apartment or return to the BZA to seek a variance to use the unit otherwise.

Board members moved to approve the application "according to the findings of the staff report, which are incorporated in the motion by reference with the conditions," and adopted the staff-recommended conditions. The roll-call vote on the motion recorded four votes in favor and one abstention; the motion carried and the applicant was advised to coordinate permitting with county staff.

The board's approval allows the owner to proceed with permitting but does not waive building-code or health-department requirements; a permit and a functioning septic system will be required before occupancy.