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Definition of a Structure

D

Deercreek

REGISTERED
Joined
Jan 1, 2021
Messages
3
Location
Michigan
My Township just passed an amendment classifying propane tanks and generators as a “structure”. What are the ramifications of this change?
 
It looks like Michigan May have a statewide building code

www.michigan.gov

Code Books

www.michigan.gov www.michigan.gov

Maybe the state amended it also ???


If statewide, not sure if a city can amend it??!
 
Do you know the state statutes that deal with the state building code?
 
No. The township cannot modify the building code.

STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT (EXCERPT)

Act 230 of 1972,
125.1502a Additional definitions.
Sec. 2a.
(bb) "Structure" means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner. Structure does not include a structure incident to the use for agricultural purposes of the land on which the structure is located and does not include works of heavy civil construction including, but not limited to, a highway, bridge, dam, reservoir, lock, mine, harbor, dockside port facility, an airport landing facility and facilities for the generation, transmission, or distribution of electricity. Structure includes a part or parts of the structure and all equipment in the structure unless the context clearly requires a different meaning.
 
Regarding what was determined by the Township, here are the minutes from the August meeting:

Discussion centered on three topics. First, are LP Tanks structures? Secondly, is a text amendment needed to require LP Tanks to meet setbacks like other structures. Lastly, can a resolution can be passed stating that from this point forward LP Tanks are to be required to adhere to regulations like other structures. Generators were suggested to be in the same category as LP tanks. It was agreed that LP Tanks were structures and the attorney was directed to develop a resolution for the next meeting.

from the September minutes:
Watershed Event Resolution: The township’s attorney was asked to develop a resolution regarding enforcement of setbacks for small structures such as propane tanks, generators, and similar structures.

rogerpa: If i understand your point, the State of Michigan has set the definition of a structure and the Township cannot change it. If the issue they are attempting to resolve is related to setback rules, they are free to establish setback rules that fit the Township needs. Correct?
 
Deercreek said:
Regarding what was determined by the Township, here are the minutes from the August meeting:

Discussion centered on three topics. First, are LP Tanks structures? Secondly, is a text amendment needed to require LP Tanks to meet setbacks like other structures. Lastly, can a resolution can be passed stating that from this point forward LP Tanks are to be required to adhere to regulations like other structures. Generators were suggested to be in the same category as LP tanks. It was agreed that LP Tanks were structures and the attorney was directed to develop a resolution for the next meeting.

from the September minutes:
Watershed Event Resolution: The township’s attorney was asked to develop a resolution regarding enforcement of setbacks for small structures such as propane tanks, generators, and similar structures.

rogerpa: If i understand your point, the State of Michigan has set the definition of a structure and the Township cannot change it. If the issue they are attempting to resolve is related to setback rules, they are free to establish setback rules that fit the Township needs. Correct?
Click to expand...


Not my area,,,

But sounds more like what I would call a. Zoning issue.

I think they can do that

There should be one or two public hearings.
If enough people do not want it to happen
They need to voice that
Hopefully the powers will listen

As far as if it goes into affect, just a matter of where the tank/ gen can be located.

I think we do not allow lpg in front yards
 
Deercreek said:
Regarding what was determined by the Township, here are the minutes from the August meeting:
Click to expand...
Ok, this makes a lot more sense than the original posting. They are not including generators in the definition of a structure, they are applying structure zoning to generators. I can agree with that.
 
I will question the Zoning official. Here is what I read: (copied from above minutes) Generators were suggested to be in the same category as LP tanks. It was agreed that LP Tanks were structures... I can only assume a generator is now considered a structure under this wording.

I learned the person who was the subject of the complaint received a letter indicating a propane tank is considered a structure and the take needed to be moved off the property line, consistent with the offsets for a structure.
 
Treat it as a definition impacting zoning codes not structural building codes. This seems to be the intent of the city. If you try to apply this definition to the building code structural provisions you will go down a rabbit hole.

Most people, including most city council members, do not appreciate the fact that the laws authorizing zoning regulations and building codes are different
 
Be easier to just say propane & generators need to meet the same setbacks as accessory & other structures. But hey let's make it complicated.;)
 
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