This article provides procedures and review standards for special
uses of land or structures that, because of their unique characteristics,
require special consideration in relation to the welfare of adjacent
properties and the Township. The requirements and standards are designed
to allow practical latitude for the applicant while at the same time
maintaining adequate protection of the health, safety, convenience,
and general welfare of Putnam Township. All special land uses are
subject to the requirements and standards of this chapter.
A.
An application shall be submitted to the Clerk, accompanied by:
(1)
The payment of a fee as established by the Township Board.
(2)
A completed application form, as provided by the Township.
(3)
Twelve copies of a complete site plan as specified in Article XIV of this chapter. The applicant has the option of requesting preliminary site plan review; however, special land use shall only be considered during the final site plan review stage.
(a)
The Zoning Administrator may determine, based on the proposed use, that certain required elements on the site plan, as required by Article XIV of this chapter, may be waived.
(b)
If the proposed special land use will not result in any changes to the exterior of the site and does not require provision of parking spaces as required by Article XV of this chapter, a scaled survey of the property in question may serve as the required site plan. The scaled survey shall include a statement that the requested special land use will not change the exterior of the site.
B.
The Planning Commission shall hold a public hearing on the application
in accordance with the Michigan Zoning Enabling Act. The Planning
Commission shall review the application and other relevant information
made available during the public hearing or from other sources, including
recommendations or reports from the Township's planner, engineer,
or other parties. The Planning Commission shall recommend to the Township
Board to approve, approve with conditions, or deny the request, incorporating
in the recommendation the basis for their decision and any conditions
that should be imposed.
C.
Following the public hearing, the Planning Commission shall forward
their recommendation to the Township Board. The Board shall review
and make a final determination on the request. The Board may attach
reasonable conditions to the request to ensure that the purpose, standards
and requirements of this chapter are met.
D.
A special land use petition which has been denied shall not be resubmitted
for a period of one year from the date of denial. Exceptions may be
allowed after learning of new and significant facts or conditions,
which in the opinion of the Zoning Administrator, might reasonably
result in favorable action.
E.
Approval of a special land use shall be valid for one year from the
date of approval. If construction of the development has not begun
during this time, or if it does not show substantial progress toward
completion or beginning operation of the approved activity, then approval
shall be considered null and void, except as follows:
(1)
The Township Board may grant one six-month extension, provided
the applicant requests the extension in writing prior to the expiration
date of the special land use approval.
(2)
The extension may be approved if the applicant presents reasonable
evidence indicating that the development has encountered unforeseen
difficulties beyond the control of the applicant and the project will
either proceed or be completed within the extension period.
(3)
If neither of the above provisions are fulfilled or the six-month
extension has expired prior to construction or beginning operation
of the approved activity, the special land use approval shall be null
and void.
F.
The Township Board, after recommendation by the Planning Commission,
shall have the authority to revoke special land use approval after
it has been shown that the holder of the approval has failed to comply
with any of the applicable requirements of this chapter, other applicable
sections of this chapter, or conditions of the special land use approval.
Prior to any action, the Planning Commission shall conduct a public
hearing that follows the notification requirements for the original
approval.
A.
In addition to the requirements established for specific uses in this chapter, an application for a special land use shall be reviewed for compliance with the site plan review standards in § 340-152 of this chapter.
B.
Each application shall be reviewed to determine that the proposed
special land use:
(1)
Is designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that the use will not change
the essential character of the area in which it is proposed;
(2)
Is served adequately by essential public facilities and services
such as highways, streets, police, fire protection, drainage structures,
refuse disposal, water and sewage facilities;
(3)
Does not result in excessive additional requirements at public
cost for public facilities and services; and
(4)
Does not involve uses, activities, processes, materials, and
equipment or conditions of operation that will be detrimental to any
persons or property in the vicinity, or the general welfare, by reason
of excessive effects of traffic, noise, smoke, fumes, glare, or odors
or other effects determined relevant by the Planning Commission.
C.
The Planning Commission may stipulate conditions and safeguards as deemed necessary to comply with the general standards and specific requirements of this chapter. Failure to comply with these conditions may result in revoking the special land use approval, pursuant to § 340-106F above.
D.
The Zoning Board of Appeals shall have authority with regard to special
land uses as follows:
[Added 10-16-2013 by Ord. No. Z-71]
(1)
The
Zoning Board of Appeals shall have the authority to grant dimensional
or site design variances, provided such standards are not conditions
of special land use approval.
(2)
The
Zoning Board of Appeals shall not have the authority to reverse or
modify the Planning Commission or Township Board decision to approve
or deny a special land use.
A.
The general standards of § 340-107B are basic to all special land uses. The specific and detailed requirements set forth in the following sections relate to particular uses and are requirements which must be met by those uses in addition to the general standards and requirements.
B.
Except as specified in the following sections, all special land uses
are subject to the requirements of the zoning district in which the
use is located, as well as site plan review and site development requirements
specified within this chapter.
C.
All parking space requirements indicate minimum requirements.
A.
A proposed facility shall be consistent with and promote the intent
and purpose of this chapter. It shall be compatible with adjacent
land uses and the natural environment and shall not have a negative
impact on public service capacities and facilities. The Planning Commission
shall consider the following factors in making its determination:
(1)
The design and location of the proposed facility; the density
of population; the adequacy of educational, recreational, and other
public support facilities; traffic volumes and circulation; compatibility
with existing development; adequate provision of light and air; adequate
provision of parking; and accessibility of fire and police protection.
(2)
The density of similar uses in the area; the cumulative effects
of allowing the proposed facility (including the capacities of existing
community recreation, social service, and other support services and
facilities) and whether the proposed facility will alter the character
of the neighborhood. To prevent an excessive concentration of such
facilities, the alteration of a neighborhood's character and to protect
existing facilities from overdevelopment that could result in an institutional
atmosphere, a facility shall not be located within a one-thousand-five-hundred-foot
radius of any other state-licensed facility unless the Planning Commission
finds that a lesser distance is compatible with the goals of this
chapter and that the facility would not contribute to an excessive
concentration within a particular neighborhood.
(3)
Accessibility of the proposed facility to convenience services,
such as shopping, banking, health care, and public transportation;
employment opportunities and community resources and agencies, including
medical and social services that might be used by the facility's residents.
B.
The Planning Commission shall establish requirements for setback,
lot size, side yard, parking, screening, and other conditions as necessary
for the facility to conform with the character of the adjacent neighborhoods
and to protect adjacent property from adverse impacts.
C.
Parking. Two spaces for the resident family, plus one space per employee,
plus one space per each three beds, based on licensed capacity.
A.
Purpose. The purpose and intent of the provisions of this chapter
which pertain to the regulation of sexually oriented businesses is
to regulate the location and operation of, but not to exclude, sexually
oriented businesses within the Township, and to minimize the negative
secondary impacts of such businesses. It is recognized that sexually
oriented businesses, because of their very nature, have serious, objectionable
operating characteristics which cause negative secondary effects upon
nearby residential, educational, religious and other similar public
and private uses. The regulation of sexually oriented businesses is
necessary to ensure that their negative secondary effects will not
contribute to the blighting or downgrading of surrounding areas and
will not negatively impact the health, safety, and general welfare
of Township residents. The provisions of this chapter are not intended
to offend the guarantees of the First Amendment to the United States
Constitution or to deny adults access to sexually oriented businesses
and their products, or to deny sexually oriented businesses access
to their intended market. Neither is it the intent of this chapter
to legitimize activities that are prohibited by Township ordinance,
or by state or federal law. If any portion of this chapter relating
to the regulation of sexually oriented businesses or referenced in
those provisions is found to be invalid or unconstitutional by a court
of competent jurisdiction, the Township intends that such provision
or portion should be disregarded, redacted, or revised to the extent
necessary so that it is enforceable to the fullest extent permitted
by law. The Township further states that it would have passed and
adopted what remains of any portion or provision of this chapter that
relates to the regulation of sexually oriented businesses following
the removal, redaction, or revision of any portion determined to be
invalid or unconstitutional.
B.
Uses subject to these controls include: adult personal service establishment, adult bookstore, adult motion picture theater or adult live stage performing theater, adult model studio, adult motion picture arcade or mini motion picture theater, adult video store, adult outdoor motion picture theater, massage establishment and sexual paraphernalia store, as defined in Article II of this chapter.
C.
Establishments where uses subject to the control of this subsection
are located shall not be expanded in any manner without first applying
for and receiving the approval as provided herein. A special land
use for adult uses shall comply with the following requirements:
(1)
Adult uses shall not be allowed within 500 feet of another existing
adult use, within 500 feet from any residential district, or within
1,000 feet of any existing church, school, park or playground.
(2)
All persons massaging any client or customer must be certified
as a massage therapist by the American Massage Therapy Association
or be a graduate of a School of Massage Therapy that is certified
by the State of Michigan, or have such other similar qualifications
which must be submitted to and approved by the Planning Commission.
All massage clinics are subject to inspection from time to time by
the Zoning Administrator and shall be required to file reports as
may be required by the City, at least annually, as to the names and
qualifications of each person who administers massages under the Authority
or supervision of the massage establishment. This definition shall
not be construed to include a hospital, nursing home, medical clinic,
or the office of a physician, surgeon, chiropractor, osteopath, or
physical therapist duly licensed by the State of Michigan, nor barber
shops or beauty salons in which massages are administered only to
the scalp, the face, the neck or the shoulder. This definition shall
not be construed to include a nonprofit organization operating a community
center, swimming pool, tennis court, or other educational, cultural,
recreational, and athletic facilities for the welfare of the residents
of the area.
(3)
Any sign or signs proposed for the adult use business must comply
with the requirements for ground and wall signs in the M-1 Industrial
District, and shall not include photographs, silhouettes, drawings,
or pictorial representations of any type, nor include any animated
illumination or flashing illumination.
(4)
Signs must be posted on both the exterior and interior walls
of the entrances, in a location which is clearly visible to those
entering or exiting the business, and using lettering which is at
least two inches in height, that state:
D.
No product for sale or gift, nor any picture or other representation
of any product for sale or gift, shall be displayed so that it is
visible by a person of normal visual acuity from the nearest adjoining
roadway or adjoining property.
E.
No adult use shall be open for business prior to 10:00 a.m. nor after
10:00 p.m. However, employees or other agents, or contractors of the
business are permitted to be on the premises at other hours for legitimate
business purposes such as maintenance, cleanup, preparation, recordkeeping,
and similar purposes not involving the general public.
F.
A buffer strip may be required to screen the business use from nearby
residential or institutional properties. Grass, plant materials, and
sight-obscuring fences or walls, of a type approved by the Planning
Commission, shall be placed within the buffer strip. The Planning
Commission shall use the applicable provisions of Section 13.05[1] when determining screening needs.
[1]
Editor's Note: So in original.
G.
Any booth, room, or cubicle available for use by a patron of a sexually
oriented business for the purpose of viewing any entertainment characterized
by the showing or depiction of specified anatomical areas or specified
sexual activity must comply with the following requirements:
(1)
It must be handicap accessible to the extent required by the
Americans with Disabilities Act;
(2)
It must be unobstructed by any door, lock, or other entrance/exit
control device;
(3)
It must have at least one side which is totally open to a public,
lighted aisle, so that there is an unobstructed view of any occupant
at all times from the adjoining aisle;
(4)
It must be illuminated so that a person of normal visual acuity
could look into the booth, room, or cubicle from its entrance adjoining
the public aisle and clearly determine the number of persons within;
and
(5)
It must have no holes or openings in any side or rear walls,
unless such holes or openings are for the purpose of providing utilities,
ventilation, or temperature control services to the booth, room or
cubicle, or unless such holes or openings are otherwise required by
building code requirements.
H.
Parking. Each use shall provide one space per each 300 square feet
of usable floor area.
A.
The establishment shall be located on property with direct access
to a public road which shall not include private roads or shared easements.
B.
These uses shall only be established in detached single-family dwellings
which shall be the principal residence of the operator.
C.
The lot on which the establishment is located shall meet the minimum
lot size requirements of the applicable zone district.
D.
The total number of guest rooms in the establishment shall not exceed
seven, plus one additional guest room for each 10,000 square feet
or fraction thereof by which the lot area of the use exceeds one acre,
not to exceed a total of 10 guest rooms.
E.
One off-street parking space per guest room, in addition to the required parking for the dwelling unit, shall be provided. All parking spaces shall conform to the regulations set forth in Article XV of this chapter.
F.
Exterior refuse storage facilities beyond what might normally be
expected for a detached single-family dwelling shall be screened from
view on all sides by a six-foot solid, decorative fence or wall.
G.
One sign, not exceeding 16 square feet in area or four feet in height, shall be allowed. Signs shall be indirectly illuminated. Internally lit signs are prohibited. The sign shall conform to the regulations set forth in Article XV of this chapter.
H.
Meals may be served only to the operator's family, employees, and
overnight guests.
A.
Requirements for all campgrounds.
(1)
Minimum lot size shall be 40 acres and the lot shall have direct
vehicular access to a public street or road.
(2)
Public stations, housed in all-weather structures, containing
an adequate water outlet, waste container, toilet and shower facilities
shall be provided. All sanitary facilities shall be designed and constructed
in strict conformance to all applicable county health regulations.
(3)
Campground-related facilities or operations which include play
sets, buildings, or storage areas shall not be located within 150
feet from all property lines and rights-of-way.
(4)
Nonmotorized trails or paths shall not be located within 100
feet from side and rear property lines. Motorized trails or paths
are prohibited.
B.
Transient campgrounds.
(1)
A commercial enterprise shall not be permitted to operate on
the lot, with the exception of a convenience shopping facility which
may be allowed if the lot contains more than 65 campsites. The convenience
store shall not exceed a gross floor area of 1,000 square feet.
(2)
Each campsite shall contain a minimum of 1,500 square feet and
shall be set back at least 150 feet from side and rear property lines
and 150 feet from any right-of-way or front property line.
(3)
Sites designed to accommodate motor homes, travel trailers or
similar recreational vehicles shall have direct access to a hard-surfaced,
dust-free roadway of at least 24 feet in width for two-way traffic
and 12 feet in width for one-way traffic. Parking on the roadway shall
not be allowed. Sites that are specifically designated and used for
tent camping do not have to have direct vehicular access to a street
or road.
(4)
A minimum of two parking spaces shall be provided for each campsite.
(5)
A minimum of two parking spaces per each 500 square feet of
usable floor area shall be provided for accessory office and retail
uses that serve the camp.
(6)
Up to two access roads shall be permitted to connect the internal
circulation roads with the public right-of-way crossing the one-hundred-fifty-foot
front setback.
C.
Group campgrounds.
(1)
Parking and drives:
(a)
Offices, dining halls and other administrative uses shall provide
one parking space per employee.
(b)
Indoor or outdoor theaters or similar performance spaces that
are intended to be open to persons other than campers shall provide
one parking space per each three seats.
(c)
Staff camps or similar accommodation areas shall provide one
parking space per each three staff beds.
(d)
Administration and registration centers shall provide parking
and stacking spaces adequate to serve bus and passenger vehicle dropoff
and parking.
(e)
The site plan shall clearly delineate all dropoff and patron
parking areas. The site plan narrative shall include maximum camper
and staff populations and shall show how the provision of parking
will be adequate to serve the maximum population.
(f)
Dropoff areas and any parking area designed to accommodate any
number of buses or 25 passenger vehicles or more shall be paved.
(g)
Access drives to the dropoff areas shall be paved with a hard
surface. At minimum, any drive accessing a public right-of-way shall
be hard-surfaced for the first 100 feet from the public street or
road. Any other internal drive may be paved with an aggregate material.
The Planning Commission and Township Board may waive this requirement
if it finds that the following apply:
(2)
An outdoor amphitheater or similar performance space shall have
a minimum setback of 200 feet from any property line in the A-O District
or any residential district.
(3)
Meals may be served only to campers and staff, or for events
that are clearly accessory to the operation and mission of the group
camp. Dining halls or other facilities shall not be used for any commercial
purpose.
A.
Minimum lot size of three acres is required.
B.
The proposed site shall front upon a paved primary road or state
route.
C.
All grave sites shall meet the minimum setback for the zoning district.
D.
In addition to the requirements of Article XIV of this chapter, the site plan must show any on-site roads and plot areas. Interior roads are not required to be paved.
E.
Parking. For cemeteries without chapels, the site plan shall show
that access roads provide adequate parking for funerals and visits.
For cemeteries with chapels, one parking space is required for each
three seats, or for each 400 square feet of usable floor area, as
applicable, within the chapel.
A.
A facility shall not operate between the hours of 10:00 p.m. and
6:00 a.m. unless the main building and any play area are separated
by more than 300 feet from any residence.
B.
Playground equipment shall not be located in a required side yard.
C.
Outdoor play areas shall be at least 50 feet from a residential district
and enclosed with at least a four-foot high fence that cannot be climbed.
D.
An off-street dropoff area that can accommodate at least four vehicles
must be provided in addition to the parking normally required for
employees.
E.
Activities associated with child care must only be provided in the
main building and shall not occur in an accessory building, structure,
or attached or detached garage.
F.
A usable outdoor area shall be provided for each child as required
by the State of Michigan.
G.
Parking. One space per four children the facility is licensed to
accept, plus one space per employee.
A.
Minimum lot area shall be 10 acres.
B.
The Planning Commission may recommend that the entire premises be
surrounded by a six-foot fence at or near the property line.
C.
Parking. One parking space for each employee and one space for each
four beds.
D.
The applicant must obtain all required state and/or county permits,
licenses and/or approvals.
E.
The use must front onto a paved primary or secondary road.
A.
The lot shall be located so at least one side abuts a paved primary
road or state route and all access shall be from that road.
B.
Entry drives and parking areas shall be a minimum of 100 feet from
adjacent property lines.
C.
All main and accessory buildings shall maintain a separation of at
least 200 feet from any residential dwelling located on adjacent property.
D.
Maximum building coverage shall be 25%.
E.
Any outdoor recreation development located within 500 feet of any
adjacent dwelling shall not be open later than 10:00 p.m.
F.
The Township Board may require the entire premises to be surrounded
by a six-foot solid fence at or near the property lines.
G.
Ancillary uses, such as a restaurant or retail use, are permitted,
subject to the requirements for those uses in the applicable zoning
district.
H.
Each use shall provide, at minimum, a permanent structure with toilet
facilities for use by all users of the commercial sporting facility,
meeting the requirements of the County Health Department. Pit toilet
facilities are not permitted.
J.
Requirements specific to large-scale facilities:
(1)
The minimum lot area shall be three acres, except as otherwise
required by this section.
K.
Parking. One parking space per each employee, plus one space per
each three seats in spectator areas; 10 spaces per each athletic field
or basketball court; two spaces per tennis, squash or racquetball
court; one space per 100 square feet of pool area for a swimming pool;
four spaces per hole for golf courses, three spaces per hole on miniature
golf courses; two spaces per cage or pit for batting cages or horseshoe
pits.
A.
Minimum lot area shall be three acres.
B.
No parking area, shelter, or playground may be located within 100
feet of any property line in a residential district.
C.
Uses shall be limited to picnic facilities, playgrounds and associated
play structures, and similar passive recreational activities. Athletic
fields, courts and activity areas designed for active recreational
use are not permitted.
D.
Parking. Five parking spaces per playground structure and one space
per each four seats that can be accommodated in picnic shelters.
A.
Minimum lot area shall be three acres with a minimum lot width of
200 feet.
B.
Maximum building coverage (not including parking lots or paved areas):
25%.
C.
The lot shall be located so at least one side abuts a paved primary
road or state route and all access shall be from that road.
D.
Main and accessory buildings shall be set back at least 75 feet from
all property lines.
E.
The facility shall be designed to provide a minimum of 300 square
feet of open space for every bed used or intended to be used. This
open space shall include landscaping and may include driveways, required
yard setbacks and accessory uses.
F.
Access to the site shall be located at least 100 feet from any intersection
as measured from the nearest right-of-way line to the nearest edge
of the driveway intersection.
G.
Parking. One parking space for each employee and one space for each
four beds.
A.
Sufficient stacking capacity for the drive-through portion of the
operation shall be provided to ensure that traffic does not extend
into the public right-of-way nor does it interfere with internal circulation
of vehicles. A minimum of four stacking spaces for each drive-through
station shall be provided.
B.
Parking areas shall have a minimum front yard setback of 40 feet,
and minimum side and rear yard setbacks of 10 feet.
C.
The parking and maneuvering areas of the site shall be fenced and
screened from the view of any abutting residential district or use
by a decorative fence or wall, a landscaped equivalent, or combination
of both.
D.
Outdoor speakers for the drive-through facility shall be located
in a way that minimizes sound transmission toward adjacent property.
Amplified noise shall not exceed 65 dBA at the property line of any
adjacent residential property.
E.
Access driveways and service windows shall be at least 50 feet from
property lines.
F.
Access to the site shall be located at least 100 feet from any intersection
as measured from the nearest right-of-way line to the nearest edge
of the driveway intersection.
A.
Minimum lot area shall be two acres.
B.
No animal holding area or enclosure shall be located less than 50
feet from any lot line, or the setback required by the zoning district,
whichever is greater.
C.
Parking. Five parking spaces for outdoor facilities such as gardens,
preserves and petting farms, plus one parking space per each 500 square
feet UFA in educational buildings, visitor centers and similar facilities.
The Township Board, after recommendation by the Planning Commission,
may require additional parking based on the size and type of facility.
Extractive operations, as defined in this chapter and in Chapter 216, Mining, of the Code of the Township of Putnam, shall be considered a special land use and shall be reviewed and approved according to the requirements of this chapter. Application for a special land use permit for extractive operations shall follow the requirements of Chapter 216. Construction and operation of an extractive operation shall conform to Chapter 216, as well as the following requirements:
A.
The required site restoration plan shall include the following:
(1)
A written description of planned site rehabilitation and end
use(s), including potential methods of accomplishment and phasing;
(2)
All components of the proposed end use(s), including, at minimum,
types and approximate locations of proposed development, areas to
be dedicated to recreational use or open space, access to the development
from existing roads, and any other elements that illustrate the end
use(s).
(3)
A narrative description of the proposed methods or features
which will ensure that the end use(s) are feasible and can comply
with all applicable requirements of this chapter.
(4)
A financial guarantee (e.g., bond or letter of credit) shall
be provided, in an amount equal to the expected cost of the restoration,
to ensure that the proposed restoration is completed.
B.
The site plan shall show that there is adequate parking and stacking
space for employees, visitors and trucks, based on the anticipated
level of extraction activity. Vehicles will not be allowed to park,
queue, or idle on any public street.
A.
Minimum lot area shall be 20 acres.
B.
Ingress and egress to the site shall be from a paved primary road
or state route.
C.
Any outdoor activity areas, or buildings housing animals, storage
equipment or other similar buildings, shall be set back a minimum
of 100 feet from any residential district or lot containing a residential
use.
D.
Access driveways shall be located no less than 150 feet from the
nearest part of the intersection of any street or any other driveway.
E.
Parking. One space per each 1,000 square feet dedicated to visitors
and visitor activities. The site plan shall specify those areas and
include the area in square feet.
A.
Minimum lot area shall be 20 acres.
B.
Sales shall be limited to: woody plants and shrubs; flowers and plants;
sod, topsoil, humus, peat, and similar soil materials; mulch; aggregates
used in landscaping applications such as washed stone and similar
products; brick, stone and masonry used for landscaping applications
only; and organic fertilizer related to landscaping applications.
C.
The following are prohibited: sales or display of garden or farm
equipment; outdoor structures such as sheds and similar accessory
buildings; outdoor play structures; outdoor furniture; outdoor cooking
equipment, including brick, stone or masonry intended for construction
of outdoor cooking equipment; aggregates intended for fill or other
construction applications; brick, stone or masonry intended for construction
applications, pond construction materials and equipment; irrigation
equipment; and any other item not clearly intended for landscaping
applications.
D.
Processing of materials on site, such as washing of stone, making/drying
of mulch, etc., is prohibited.
E.
Any stockpiles of soil, aggregate, organic fertilizer, mulch or similar
loosely packaged materials shall be stored within a structure such
as a bunker or similar containment, sufficiently covered or contained
to prevent dust or blowing of materials. The outdoor storage of hazardous
materials is prohibited. The bunker or containment structure, and
the material contained within it, shall not exceed eight feet in height.
F.
All access drives leading to parking, loading and outdoor display/storage
areas shall be paved along their entire length with a permanent, durable
and dustless surface, which shall be graded and drained to dispose
of stormwater without creating a negative impact on adjacent property.
The paved portion of any access driveway shall be a minimum of 50
feet in length. The Township Board, following a recommendation from
the Planning Commission, may approve a dust-free gravel surface for
all or part of the parking area and low-intensity display and storage
areas, upon a finding that neighboring properties and the environment
will not be negatively impacted.
G.
No outdoor storage, display, sales, parking area, or driveway (except
a driveway providing direct access to the use) shall be permitted
in any required yard or within 100 feet from a street or right-of-way
line.
H.
The site shall include a building of no greater than 500 square feet
of gross floor area for office use in conjunction with the garden
center/nursery use. No items shall be displayed or sold within the
structure.
I.
All loading and truck maneuvering shall be accommodated on the site.
Loading, unloading and deliveries shall be limited to the hours of
8:00 a.m. to 7:00 p.m., Monday through Saturday.
J.
The site plan shall show a landscape buffer along all side and rear property lines adjacent to residential dwellings on adjacent properties, to screen the operation from adjacent residences. The buffer shall consist of earthen berms and/or living plant materials creating a visual barrier six feet in height. The Planning Commission shall determine the required type of landscape buffer, including design and location of berms and plants and the number of required plants. A greenbelt, in accordance with § 340-163B(11) of this chapter, shall be provided along all other property lines. The Planning Commission may require a more extensive buffer when dwellings on adjacent properties are within 50 feet of the subject property.
K.
The height of any material (except for loose materials as provided for in Subsection E of this section, above) and equipment stored in an outdoor storage area shall not exceed the height of any landscape screening, wall or fence, or eight feet, whichever is less. Storage of materials up to the height of the adjacent building wall may be permitted in the rear yard if it is illustrated on the site plan that the rear yard does not abut a residential district and the materials will not be visible from a neighboring property, or a public or private street, road, or right-of-way, and such storage is confined to within 20 feet of the building.
L.
Ingress and egress to the lot shall be from a paved primary road
or state route.
A.
Pursuant to the Michigan Zoning Enabling Act, a special land use
request for a group day care home shall be approved, provided that
the group day-care home:
(1)
Is located not closer than 1,500 feet to any of the following:
(a)
Another licensed group day-care home.
(b)
Another adult foster care small group home or large group home
licensed under the Adult Foster Care Facility Licensing Act, 1979
PA 218, MCL §§ 400.701 to 400.737.
(c)
A facility offering substance abuse treatment and rehabilitation
service to seven or more people licensed under Article 6 of the Public
Health Code, 1978 PA 368, MCL §§ 333.6101 to 333.6523.
(d)
A community correction center, resident home, halfway house,
or other similar facility which houses an inmate population under
the jurisdiction of the department of corrections.
(2)
Has appropriate fencing for the safety of the children in the
group day-care home.
(3)
Maintains the property consistent with the visible characteristics
of the neighborhood.
(4)
Does not exceed 16 hours of operation during a twenty-four-hour
period. The Township Board may limit but not prohibit the operation
of a group day-care between the hours of 10:00 p.m. and 6:00 a.m.
(5)
Meets the sign regulations of the applicable zoning district, as well as the general sign provisions of Article XV of this chapter.
(6)
A licensed or registered family or group day-care home that
operated before March 30, 1989, is not required to comply with the
requirements of this section.
B.
In addition to the above, a group day-care home shall meet the following
requirements:
(1)
There shall be provided, equipped and maintained, on the premises,
a minimum of 150 square feet of usable outdoor recreation area for
each client of the facility.
(2)
The outdoor recreation area shall be fenced and screened from
any abutting residential district or use by a decorative fence or
wall, or a landscaped equivalent.
(3)
A pickup and dropoff area, located completely upon the site,
shall be provided. This area shall accommodate a minimum of two vehicles
or one stacking space per each four children under care, based upon
the licensing limits of the facility.
(4)
The applicant shall provide evidence of the ability to comply
with all applicable state licensing requirements.
(5)
Parking. One space per each three children under care, computed
on the basis of the licensing limits of the facility.
A.
Ingress and egress to the site shall be from a paved primary road
or state route.
B.
The minimum lot or parcel area shall be five acres with a minimum
lot width of 200 feet.
C.
No more than 50% of the site area shall be covered by buildings.
D.
Setbacks.
(1)
Single-story structures shall meet the minimum setback requirements
of the district in which the use is to be located.
(2)
Buildings taller than two stories shall meet the minimum setback
requirement for the district in which the use is located, or 50 feet
for front, rear, and side yards, whichever is greater.
E.
Noise-producing activities, such as ambulance and delivery areas,
laundry, or power plants, shall not be located closer than 300 feet
from any residential lot or use.
F.
Ambulance and delivery areas shall be obscured from the view of adjoining
residential districts or uses by a solid masonry wall five feet in
height.
H.
Parking. One parking space for each three beds and one for each employee,
plus one for each 200 square feet of UFA of outpatient area.
A.
The minimum lot area shall be 10 acres.
B.
Maximum lot coverage of all buildings shall be 25%.
C.
Buildings in which animals are kept, outdoor runs and/or exercise
areas shall be set back a minimum of 150 feet from any adjacent property
line in a residential district.
D.
All principal use activities, other than outdoor dog run areas, shall
be conducted within a totally enclosed main building, and shall be
escape-proof to the extent possible.
E.
The required site plan shall include a floor plan, layout and specifications
for all indoor kennel enclosures and outdoor runs. Kennel enclosures
shall be designed so that no animal occupies a space that does not
allow it to stand at its full height, lay down and turn completely
around without contacting the walls and ceiling of the enclosure.
The floor of all enclosures shall consist of concrete or other nonporous
material that resists scratching or wear, and have proper drainage
to allow for cleaning and proper disposal of waste.
F.
For indoor canine enclosures, there shall be no wood exposed to the
dogs.
G.
Each facility shall provide adequate heating, ventilation and air
conditioning to the indoor animal holding areas. The site plan shall
include plans and specifications for air handling and climate control.
H.
Each facility shall include an indoor or outdoor exercise area with
a minimum area of 400 square feet.
I.
Wherever outdoor runs are located in areas where surrounding uses
may disturb the animals, the Township Board, after recommendation
by the Planning Commission, may require outdoor runs to be surrounded
by a solid fence.
J.
Parking. One space for each 400 square feet UFA.
K.
One caretaker's residence may be provided on the same property. At
least two additional parking spaces shall be provided to serve the
residence.
A.
Minimum lot area shall be two acres with a minimum lot width of 200
feet.
B.
A well designed and landscaped, paved off-street vehicle assembly
area shall be provided to be used in support of funeral procession
activity. This area shall not obstruct internal circulation within
the required off-street parking area or its related maneuvering space.
C.
A caretaker's residence may be provided within the main building.
At least two additional parking spaces shall be provided to serve
the residence.
D.
The proposed site shall front upon a paved public street. All ingress
and egress shall be from this thoroughfare.
E.
Parking. One space per each 50 square feet UFA.
A.
The proposed site shall front upon, and all ingress and egress shall
be from a paved primary road or state route.
B.
Unless greater setbacks are required by the district in which the
use is located, buildings and structures shall be set back at least
50 feet from the front lot line and 25 feet from the side and rear
lot lines.
C.
Parking. One space for each 400 square feet UFA.
[Amended 7-21-2010 by Ord. No. 49]
A.
Not more than one dwelling unit is generally permitted. Additional
dwelling units may only be allowed upon a determination by the Planning
Commission that additional year-round occupancy by campground staff
is needed due to the activities or programs being conducted.
B.
The dwelling unit(s) may be occupied only by the staff or caretaker
of the campground on the same site and his/her family.
C.
Parking. Two spaces shall be provided for the dwelling unit, in addition
to the parking requirements for the main use.
A.
Minimum lot area shall be 80,000 square feet, with a minimum lot
width of 200 feet.
B.
The Township Board may require a six-foot fence or wall to be constructed
along the rear and/or sides of the lot to keep trash, paper, and other
debris from blowing off the premises.
C.
All open-air businesses shall comply with all applicable Health Department
regulations regarding sanitation and general health conditions.
D.
The lot area used for the display or storage areas shall be provided
with a permanent, durable, and dust-free surface, and shall be graded
and drained so as to dispose of all surface water. The Township Board
may require the area to be paved with a hard surface, if it is determined
that a nonpaved surface would result in excess dust, rutting of the
ground, or drainage problems.
E.
Ingress and egress shall be provided as far as practicable from two
intersecting streets and shall be at least 100 feet from an intersection.
F.
All lighting shall be shielded from adjacent residential areas.
G.
No display area shall be located within 20 feet of a public road
right-of-way line.
H.
Parking. In addition to the parking requirements for the use within
the enclosed building, one space per each 600 square feet of outdoor
display or sales area shall be provided. Sales and display areas located
upon parking lots shall not reduce the number of spaces to less than
the minimum requirement for all uses on the site.
A.
Description and purpose. The purpose of an open space development
(OSD) is to permit greater flexibility in development than is generally
possible under standard district regulations. The intent of the regulations
is to foster more creative development design, using open space to
the advantage of the development, maintaining the rural character
of the Township, ensuring access to open spaces, foster the preservation
of significant natural features, large open spaces, or active agricultural
land that would otherwise be developed but will be preserved as a
result of the OSD, and other design objectives intended to foster
an improved living environment.
B.
A developer may opt to follow the requirements of the Planned Unit Development (PUD) District, which allows density bonuses in exchange for certain amenities. See Article XII of this chapter.
C.
Qualifying conditions.
(1)
The tract of land for which an OSD application is received must
be either under single ownership or the subject of an application
filed jointly by the owners of all affected properties.
(2)
The property which is the subject of an OSD application must
be a minimum of 20 contiguous acres. The Planning Commission may consider
a lesser development size if the proposed project substantially forwards
the purpose of the OSD regulations, or include a noncontiguous parcel
if significant natural features may be preserved as a result.
(3)
The applicant must demonstrate that the property proposed for
the OSD contains unique site conditions, significant natural features,
large open spaces, or active agricultural land, which could be otherwise
developed but will be preserved as a result of the OSD.
(4)
Only traditional agricultural activities (except intensive livestock
operations) and single-family dwellings and their accessory uses may
be approved as part of the OSD.
D.
Review procedures.
(1)
Sketch plan approval.
(a)
To be considered as an OSD, the applicant shall be required
to first receive approval of a sketch plan in accordance with the
requirements of this section.
(b)
In addition to the requirements for a preliminary site plan in Article XIV of this chapter, the application materials shall include 12 copies of all of the following information, unless the Zoning Administrator determines that some of the required information is not reasonably necessary:
[1]
Written documentation that the proposal meets the standards
of this section.
[2]
If a phased development is proposed, identification of the areas
included in each phase. The density, lot area and setbacks of proposed
housing units within each phase and for the total OSD.
[3]
Arrangement and area calculations for open space, including
upland and wetland open space areas.
(c)
Parallel plan. The maximum base density and number of dwelling
units permitted in the OSD shall be determined through the completion
and submission of a parallel plan which shall indicate the number
of dwelling units that may be developed under the existing zoning
classification. The parallel plan shall meet the following minimum
requirements:
[1]
The parallel plan shall contain enough detail to permit the
Township to evaluate the feasibility of development for each indicated
lot and/or dwelling unit. The Planning Commission may require additional
detail or information as it may determine necessary to evaluate the
feasibility of the parallel plan.
[2]
All lots or buildings shown on the parallel plan shall be located
on buildable lots, which, for the purposes of this section shall mean
lots or building areas that have an areas of sufficient size and shape
to accommodate the proposed main building, septic and well systems
(where no public sanitary sewer or water system is to be used), and
required driveways, streets, or other means of permitted access.
[3]
Areas of wetlands, water bodies, and other unbuildable areas
shall not be included within buildable areas, but may be included
in the lot area calculations.
[4]
While intended as a conceptual plan, the Planning Commission
shall only approve the parallel plan after a determination is found
that the submitted plan would otherwise be approvable under current
Township ordinances and review considerations.
 |
E.
The Planning Commission shall review the sketch plan in accordance
with the requirements of this chapter and deny, approve, or approve
with conditions, the sketch plan.
F.
Final site plan approval.
(1)
After receiving approval of a sketch plan, the applicant shall
within one year submit a final site plan to the Planning Commission.
(2)
The final site plan may be for either the entire project or
for one or more phases.
(3)
The application materials shall include all the following information,
unless the Zoning Administrator determines that some of the required
information is not reasonably necessary:
(a)
Current proof of ownership of the land to be utilized or evidence
of a contractual ability to acquire the land, such as an option or
purchase agreement, or a signed agreement from the property owner
indicating permission to file the application.
(b)
If a phased development is proposed, identification of the areas
included in each phase. The density, lot area and setbacks of proposed
housing units within each phase and for the total OSD.
(c)
Arrangement and area calculations for open space, including
upland and wetland open space areas.
(d)
A completed application form, supplied by the Zoning Administrator.
(4)
Failure to submit a final site plan for approval within the
one-year period shall void the previous sketch plan approval and a
new application shall be required to be submitted and approved in
accordance with these provisions.
(5)
The Planning Commission shall, upon receiving all required materials,
recommend denial, approval, or approval with conditions, of the final
site plan for the OSD.
(6)
After receiving the recommendation of the Planning Commission,
the Township Board shall approve, deny, or approve with conditions
the OSD.
G.
Design principles. The overall intent of the open space development
regulations is to foster more creative development design, using open
space to the advantage of the development, maintaining the rural character
of the community, ensuring access to open spaces, preserving natural
features, and other design objectives intended to foster an improved
living environment. To this end, the following general guidelines
will be considered by the Planning Commission in evaluating proposed
open space developments.
(1)
Open space. Any open space provided in the OSD shall meet the
following considerations and requirements:
(a)
Open space areas shall be large enough and of proper dimensions
so as to constitute a usable area, with adequate access, through easements
or other similar arrangements, so that all properties within the entire
OSD may utilize the available open space.
(b)
The OSD shall have a minimum of 50% open space. Any area used
in the calculation of required open space shall have a minimum dimension
of 50 feet.
(c)
All land set aside as open space shall be deed-restricted, protected
by conservation easement, or other similar permanent restriction,
to ensure that the open space remains in a natural and undisturbed
condition in perpetuity. Land set aside for agriculture may, at the
discretion of the property owner(s), be converted to open space, but
shall not be used as land for the construction of additional dwellings,
nor used for any other development.
(d)
All open space shall be in the joint ownership of the property
owners within the OSD. A property owner's association shall be formed
which shall take responsibility for the maintenance of the open space.
(2)
Development setback.
(a)
Any building area, which for the purposes of this section shall
mean any lot on which a principal use is located, shall be located
at least 200 feet from any public street right-of-way not constructed
as part of the OSD.
(b)
No native or natural vegetation shall be removed from the two-hundred-foot
setback, nor any grading or changes in topography occur, except that
necessary for entrance roads, required utilities, or drainage improvements.
The Planning Commission may allow thinning of undergrowth or removal
of noxious or invasive species. The Planning Commission may require
natural vegetation to augment the natural buffer.
(c)
The Planning Commission may reduce this setback if existing
landscaping provides a natural screen, or the proposed development
provides a landscape screen. In any case, the setback shall be not
less than one 100 feet. The one-hundred-foot landscape screen shall
meet all of the following minimum requirements:
[1]
Occupy at least 70% of the lineal distance of the property line
abutting any public street right-of-way.
[2]
Be on a strip of unoccupied land at least 50 feet in depth.
[3]
Have at least 50% opacity from the roadside view at the time
of planting.
[4]
Consist of existing vegetation, land forms, or landscaped areas
using native or natural materials, or a combination thereof.
(d)
OSD sites abutting more than one public street shall be permitted
to reduce the setback on the shortest side of the abutting streets
to 100 feet without a natural screen. No native or natural vegetation
shall be removed from the one-hundred-foot setback, nor any grading
or changes in topography occur, except that as may be necessary for
entrance roads or utilities.
(3)
Open space.
(a)
Open space should be provided where significant natural features
may be preserved, active agricultural land maintained, or be used
for passive or active recreation.
(b)
Open space should generally be used to group areas of residential
neighborhoods as clusters of housing units. This is intended to avoid
the suburban development type normally found in urbanized areas. Generally,
neighborhood clusters should have not more than eight to 10 units
per cluster for projects of less than 50 dwelling units and not more
than 10 to 15 for projects with 50 or more dwelling units.
(c)
The open space development should be designed with due regard
for views from adjacent roadways as well as adjacent properties. Where
possible, substantial setbacks from adjacent development should be
provided, except where internal roadways are designed to connect to
adjacent properties for the purposes of providing a network of internal
connections between properties.
(d)
Open space within the development should generally be accessible
from as many places within the development as possible, rather than
limited to individual easements between development lots. To this
end, providing open space segments along the internal roadways will
be considered a high priority by the Township. These areas should
be large enough to appear as open space, rather than a vacant lot
for future development, and kept in their natural state. These areas
may, however, incorporate trails or other internal pedestrian circulation
paths.
(4)
The overall design of the open space development should emphasize
the rural character of the Township, provide views to open spaces
from as many areas of the development as possible, and avoid long,
straight street segments and rows of homes.
H.
Review standards.
(1)
The following review standards will be used by the Planning
Commission and Township Board in their consideration of an OSD. Before
these developments may be approved, the Planning Commission and Township
Board shall find:
(a)
That the OSD meets the stated purposes of this section.
(b)
The OSD is in substantial compliance with the design principles
of this section.
(c)
That the OSD does not substantially alter the character of the
general neighborhood in which the development is proposed.
(d)
That the location of the buildings of the OSD do not unduly
impact other single-family uses in the vicinity of the proposed development.
(e)
That the OSD preserves, in perpetuity, unique site conditions,
such as significant natural features, large open space areas, or active
agricultural land.
(f)
That the OSD can accommodate adequate and safe disposal of sanitary
sewer and can provide an adequate, assured source of water for domestic
use.
[Added 3-16-2011 by Ord. No. 54]
A.
Outdoor display or storage shall be prohibited.
B.
Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m.
C.
Security measures shall be provided which are not visible from the
exterior of the building.
D.
Such uses shall not be allowed within 500 feet of another pawnshop,
adult use, or residential district, or within 1,000 feet of any existing
church, school, park or playground. If the one-thousand-foot requirement
cannot be met, the Planning Commission or Board has the authority
to approve a distance of less than 1,000 feet.
Outdoor storage and sales that is accessory to a permitted or
special land use shall be subject to the following requirements:
A.
Outdoor storage or sales located within an enclosure that has a roof
structure shall be considered to be within an accessory building and
shall be subject to all applicable requirements. If the enclosure
is attached to the principal building, it shall be considered to be
a part of the principal building and subject to all of the requirements
for the principal building.
B.
No sales, display or storage area may be located within a required
yard.
C.
Parking areas may not be used for storage. Sales or display areas
on parking lots may be permitted, provided that:
(1)
The items displayed or sold must be seasonal in nature, and
the display area must be constructed as temporary.
(2)
If any parking spaces are displaced by the sales or display
area, there shall be enough remaining parking spaces to meet the minimum
parking space requirement for the use(s) on the site.
(3)
Sales and display areas shall not interfere with safe and efficient
traffic and pedestrian movements on the site.
D.
Outdoor storage and sales areas located within any yard adjacent
to a residential district (except for a yard separated from the residential
district by a street right-of-way) shall be screened with a solid
fence or decorative wall with a maximum height of six feet and landscaping.
Materials stored or displayed shall not be visible above the screening
fence or wall. Landscaping shall be planted so that there is never
a horizontal break in landscaping along the fence or wall that is
wider than 10 feet.
A.
The facility shall be located on a minimum lot size of two acres;
plus an additional 15,000 square feet for each 100 seating capacity
or fraction thereof in excess of 100 members.
B.
The facility shall have a minimum of 200 feet of frontage and have
direct access to a public street or road.
C.
Access driveways shall be located no less than 150 feet from the
center line of the intersection of any street or 50 feet from any
residential driveway.
D.
The main and accessory buildings and structures shall not be located
within 50 feet of any residential district.
E.
Lighting for parking or outdoor activity areas shall be shielded
to prevent light from spilling over the property line.
F.
Parking. One parking space per each three seats in the main unit
of worship.
A.
Minimum lot size shall be three acres with a minimum of 200 feet
of frontage on a public street or road.
B.
All points of entrance or exit for motor vehicles shall be located
no closer than 100 feet from the intersection of any two streets.
C.
The site plan shall show a landscape buffer along all side and rear property lines adjacent to residential dwellings on adjacent properties, to screen the operation from adjacent residences. The buffer shall consist of earthen berms and/or living plant materials creating a visual barrier six feet in height. The Planning Commission shall determine the required type of landscape buffer, including design and location of berms and plants and the number of required plants. A greenbelt, in accordance with § 340-163B(11) of this chapter, shall be provided along all other property lines. The Planning Commission may require a more extensive buffer when dwellings on adjacent properties are within 50 feet of the subject property.
D.
Where the site adjoins a residential district, outdoor loudspeaker
systems shall not be used.
E.
The intensity level of sounds leaving the site shall not exceed 65
decibels (dBA) at the lot line of residential uses.
F.
Parking. One space per each 300 square feet of UFA in offices and
administration areas; one space per each 500 feet of GFA in recreation
areas.
A.
Minimum lot area shall be three acres for the first horse or similar
equine animal, plus 1/2 acre per each additional horse boarded or
housed.
B.
An accessory building used as a stable shall not be located nearer
than 75 feet to any dwelling.
C.
The facility shall be constructed and maintained such that odor,
dust, noise, or drainage shall not be a nuisance or hazard to adjoining
premises.
D.
Riding trails shall be located no less than 25 feet from any lot
line in a residential district.
E.
Parking. One space per employee, plus one space per each two horses
or similar equine, based on the design capacity of the facility.
A.
Sufficient stacking capacity for the drive-through portion of the
operation shall be provided to ensure that traffic does not extend
into a private or public right-of-way, with a minimum of 10 stacking
spaces. Stacking spaces shall be located so as not to interfere with
vehicular circulation, access to parking spaces, and egress from the
property by vehicles not using the drive-through facility.
B.
Parking. Restaurants with drive-through facilities shall meet the parking requirements of restaurants without drive-through, as required in Article X of this chapter.
C.
In addition to parking space requirements, at least three parking
or waiting spaces shall be provided, in close proximity to the exit
of the drive-through portion of the operation, to allow for customers
waiting for delivery of orders. The waiting spaces shall be designed
to allow maneuvering without being blocked by another vehicle, and
shall not impede traffic flow on the site.
D.
Any paved area shall have minimum side and rear yard setback of 20
feet.
E.
Public access to the site shall be located at least 100 feet from
any intersection as measured from the nearest right-of-way line to
the nearest edge of the access.
F.
The parking and maneuvering areas of the site shall be fenced and
screened from the view of any abutting residential district or use
by a decorative fence or wall, or a landscaped equivalent.
G.
The intensity level of sounds leaving the site shall not exceed 65
decibels (dBA) at the lot line of residential uses.
H.
Outdoor menu boards shall be located behind the front building line.
A.
Parking. Restaurants taverns and other places serving food or beverages providing dancing and entertainment shall meet the parking requirements of restaurants without drive-through, as required in Article X of this chapter.
B.
Minimum lot area shall be one acre.
C.
No drive-through facility shall be permitted.
[Amended 9-20-2017 by Ord. No. Z-90]
D.
All buildings shall be set back a minimum of 50 feet from any property
line in an adjacent residential district.
E.
Parking areas shall be set back a minimum of 15 feet from any property
line in an adjacent residential district.
F.
The use shall be fenced and screened from the view of any abutting
residential district or use by a decorative fence or wall, or a landscaped
equivalent.
[Amended 3-18-2015 by Ord. No. Z-75]
A.
The use shall be developed on lots of at least two acres. No more
than 70% of the lot may be used for buildings, parking lots and access.
B.
The lot shall abut and gain access from a paved primary road or state
route.
C.
Access to the site shall be located at least 100 feet from any intersection
as measured from the nearest right-of-way line to the nearest edge
of the intersection.
D.
A six-foot fence of a material acceptable to the Planning Commission shall enclose the area occupied by the use. If the use is adjacent to a residential zone or use, screening shall be in accordance with the provisions of § 340-163. The wall or fence shall be set back at least 30 feet from the front property line.
E.
Outdoor storage of boats and recreational vehicles is permitted, provided the storage area is behind storage buildings and screened in accordance with the provisions of § 340-163 of this chapter.
F.
Minimum side and rear yards as specified for the district shall be
maintained. No buildings or outdoor storage areas are permitted within
the required setbacks.
G.
There shall be a minimum of 35 feet between storage facilities for
driveway, parking, and fire lane purposes. Where no parking is provided
within the building separation areas, the building separation need
only be 25 feet.
H.
Traffic direction and parking shall be designated by signs or painting.
I.
The storage of hazardous or toxic materials is prohibited.
J.
The lot area used for parking and access shall be provided with a
paved surface and shall be drained to dispose of all surface water;
however, the Planning Commission may permit the use of stone or gravel
in areas used to access storage buildings or for outdoor storage provided
appropriate dust control measures are used as needed.
A.
Lighting for parking areas or outdoors activity areas shall be designed
to prevent light from spilling onto any residential district use or
property line.
B.
Main buildings shall be set back a minimum of 100 feet from any residential
district use or property line.
C.
For uses exceeding a seating capacity of 250 persons, a traffic impact
study shall be required to be submitted by the applicant which describes
internal circulation and projected impacts on traffic operations,
capacity and access on adjacent and nearby streets which are likely
to provide access to the site.
D.
Access driveways shall be located no less than 100 feet from the
center line of the intersection of any street or any other driveway.
E.
Parking. One space per each three seats.
A.
Minimum lot area shall be one acre.
B.
Minimum lot width shall be 200 feet.
C.
Except as stated below, all buildings, structures, and equipment
shall be located not less than 50 feet from any right-of-way line
and not less than 50 feet from any side or rear lot line abutting
a residential district.
D.
No more than one curb opening shall be permitted for every 100 feet
of frontage (or major fraction thereof) along any street, with a maximum
of one per street when located on a corner lot, and two for any other
street.
E.
No drive or curb opening shall be located nearer than 75 feet to
any intersection or more than 25 feet to any adjacent residential
district property line. No drive shall be located nearer than 50 feet,
as measured along the property line, to any other driveway. A driveway
shall not be permitted where, in the opinion of the Planning Commission,
it may produce a safety hazard to adjacent pedestrian or vehicular
traffic.
F.
A raised curb six inches high shall be constructed along the perimeter
of all paved and formal landscaped areas.
G.
All areas for driving and parking shall be paved.
H.
All lubrication equipment, hydraulic hoists, and pits shall be enclosed
entirely within a building.
I.
Gasoline pumps are permitted within the front yard, provided that
no gasoline pump shall be located less than 50 feet from any lot line.
A canopy over the gasoline pumps may be located in the front yard,
provided that the leading edge of the canopy is not less than 20 feet
from the front lot line and not less than 10 feet from any other lot
line.
J.
When adjoining a residential district, parking and storage areas
shall be fenced and screened from the view of any abutting residential
district or use by a decorative fence or wall, or a landscaped equivalent.
K.
All outside storage areas for trash, used tires, auto parts and similar
items shall be enclosed by a six-foot high sight-obscuring wall or
fence. No outside storage area shall exceed an area of 200 square
feet. Outside parking of disabled, wrecked, or partially dismantled
vehicles (not to exceed a maximum of five vehicles) shall be permitted
for a period not exceeding 10 days.
L.
All exterior lighting, including signs, shall be designed and erected
so as to shield the glare of the lights from view by adjacent property.
M.
Parking requirements:
(1)
One parking space per each 300 square feet UFA dedicated to
office area, plus three spaces per service bay.
(2)
If retail sales of convenience items is included, one parking
space per each 400 square feet UFA shall be provided.
(3)
Where applicable, vehicle queuing space shall be provided in
front of each service bay for at least one vehicle.
A.
Minimum lot area for establishments with self-service bays only shall
be 1/2 acre. For establishments with a combination of self-service
and automatic wash bays, the minimum lot area shall be one acre.
B.
No more than one curb opening shall be permitted for every 100 feet
of frontage (or major fraction thereof) along any street, with a maximum
of one per street when located on a corner lot, and two for any other
street.
C.
No drive or curb opening shall be located nearer than 75 feet to
any intersection or more than 25 feet to any adjacent residential
district property line. No drive shall be located nearer than 50 feet,
as measured along the property line, to any other driveway. A driveway
shall not be permitted where, in the opinion of the Planning Commission,
it may produce a safety hazard to adjacent pedestrian or vehicular
traffic.
D.
All washing activities must be carried on within a building.
E.
Vacuuming activities may not be conducted in any required yard.
F.
Parking and stacking:
(1)
There shall be two parking spaces, plus one space per each employee.
(2)
Each self-service wash bay shall provide a minimum of three
stacking spaces. An automatic wash bay shall provide a minimum of
10 stacking spaces.
(3)
Each self-service vacuum station shall provide at least one
stacking space in addition to the space located in front of the vacuum
station.
(4)
Stacking spaces shall not interfere with vehicle circulation
on the site.
A.
Minimum lot area for facilities for large animals and livestock shall
be two acres. Minimum lot area for all other facilities shall be one
acre.
B.
Buildings wherein animals are kept, dog runs, and/or exercise areas
shall be set back a minimum of 50 feet from any lot line in an adjacent
residential district. No dog runs and/or exercise areas shall be located
in a front yard or in any required rear or side yard.
C.
Parking. One parking space per examination room, plus one per employee.
[Amended 1-16-2013 by Ord. No. Z-69]
A.
Purpose.
The purpose of these regulations is to establish guidelines for the
siting of wireless communication towers. The goals of these regulations
are, among other things, to:
(1)
Encourage
the placement of towers in nonresidential areas;
(2)
Minimize
the total number of towers within the community necessary to provide
adequate personal wireless services to residents of Putnam Township;
(3)
Encourage
the joint use of new and existing tower sites among service providers;
(4)
Locate
wireless communication towers in areas where adverse impacts on the
community are minimized;
(5)
Encourage
the design and construction of wireless communication towers to minimize
adverse visual impacts; and
(6)
Enhance
the ability of the providers of telecommunications services to deliver
such services to the community effectively and efficiently.
B.
Application
of regulations.
(1)
Except as provided by Subsection C(3), these provisions shall not apply to any wireless communication tower for which special use approval has been properly granted prior to the effective date of this section or to attached wireless communications facilities (towers located on existing buildings or antennas to be co-located on existing structures).
(2)
These
provisions shall not apply to governmental wireless communication
towers or facilities. Private wireless communication towers and facilities
on governmental property are not exempt.
C.
General
provisions.
(1)
There
shall be no more than one wireless telecommunications tower and related
facilities per lot.
(2)
A
caretaker's residence may be provided within a main building. At least
two additional parking spaces shall be provided to serve the residence.
(3)
Antennas
for wireless communications services shall be required to locate on
any existing or approved tower or suitable publicly or privately owned
structure within a three-mile radius of the proposed tower unless
one or more of the following conditions exist:
(a)
The planned equipment would exceed the structural capacity of the
existing or approved structure, tower or building, as documented by
a qualified and registered professional engineer, and the existing
or approved tower cannot be reinforced, modified, or replaced to accommodate
planned or equivalent equipment at a reasonable cost.
(b)
The planned equipment would cause interference materially affecting
the usability of other existing or planned equipment at the structure,
tower or building, as documented by a qualified and registered professional
engineer, and the interference cannot be prevented at a reasonable
cost.
(c)
Existing or approved structures, towers and buildings within a three-mile
radius cannot accommodate the planned equipment at a height necessary
to function reasonably, as documented by a qualified and registered
professional engineer.
(d)
Other unforeseen reasons that make it infeasible to locate the planned
equipment upon an existing structure, tower or building.
(4)
Any
proposed tower for wireless communication services shall be designed,
structurally, electrically, and in all other respects, to accommodate
the applicant's equipment and comparable equipment for at least two
additional users. Towers must be designed to allow for future rearrangement
of equipment upon the tower and to accept equipment mounted at varying
heights. Adequate space shall be reserved on the site for ground-mounted
equipment serving additional users.
(5)
Wireless
communication towers shall be designed to blend into the surrounding
environment through the use of color and architectural treatment,
except in instances where color is dictated by other state or federal
authorities. Towers shall be of a monopole design unless the Federal
Communications Commission requirements or engineering requirements
require an alternate design.
(6)
In
the M-1 (Light Industrial District) and C-2 (General Business District)
Zoning Districts, the tower base shall be set back at least 1/2 the
full height of the tower from all lot lines, and no tower in the M-1
and C-2 Zoning Districts shall be located less than 500 feet from
any property line of adjacent property zoned RR, RS-1, RS-2, RS-3,
RS-4, LR-1, LR-2, R-2 or R-3 or less than 500 feet from any residential
dwelling (either existing or under construction) in any other zoning
district at the time of the application.
(7)
In
the A-O (Agricultural/Open Space) Zoning District, the tower base
shall be set back at least the full height of the tower from all lot
lines, and no tower in the A-O Zoning District shall be located less
than 500 feet from any property line of adjacent property zoned RR,
RS-1, RS-2, RS-3, RS-4, LR-1, LR-2, R-2 or R-3 or less than 500 feet
from any residential dwelling (either existing or under construction)
in any other zoning district at the time of the application.
(8)
The
tower height shall be measured from the grade at the base of the tower
to the topmost element of the tower and all antennas. Notwithstanding
any of the setbacks required by this section, the Planning Commission
and/or the Township Board may reduce the setbacks, provided the Planning
Commission and/or the Township Board finds that reducing the setbacks
will not adversely affect immediately adjacent property and is in
the best interest of the public health, safety and welfare.
(9)
Wireless
communication towers shall be less than 200 feet tall and no taller
than is reasonably necessary to accommodate wireless communications.
(10)
The Planning Commission may require structures or equipment on the
ground to be screened with landscaping, berms, walls, or a combination
of these elements. The Planning Commission may also allow or require
fencing around the tower and equipment area, if deemed necessary.
(11)
Wireless communication towers shall not be illuminated unless required
by other state or federal authorities. No signs or other advertising
not related to safety or hazard warnings shall be permitted on any
part of the tower or associated equipment or buildings.
(12)
A performance guarantee shall be provided for communication towers
to ensure that if they are abandoned or unused, the tower shall be
removed, along with any associated structures or equipment, within
12 months of the cessation of operations, unless a time extension
is granted by the Zoning Administrator. One three-month extension
shall be permitted only if the Zoning Administrator finds that the
owner or former operator of the facility is taking active steps to
ensure its removal or reactivate its use.
D.
Design
and construction details.
(1)
Applicants
shall provide all information required by this Code and any additional
information reasonably required or requested by the Township to consider
a request under this section.
(2)
Towers
shall be designed by a licensed professional engineer and shall be
a monopole design. No guy wires are permitted.
(3)
Identification
by a licensed professional engineer as to the necessary collapsible
area on the site should the tower collapse for any reason. No structures,
other than those associated with the facility, shall be located within
this area.
(4)
Tower
design shall prevent climbing, except for those persons required to
do so.
(5)
Identification
of the feasible number of co-locations to be accommodated on the tower
and the site.
[Added 2-17-2016 by Ord.
No. Z-84]
A.
The site shall be located so at least one side abuts a county road
or state highway and access shall be to/from that road.
B.
Except for the access point to/from a road, drive(s) and parking
area(s) shall be a minimum of 75 feet from any lot line.
C.
The site shall have a lot area of not less than 20 acres.
D.
No new building or spectator seating shall be located within 200
feet of any lot line.
E.
The site shall be enclosed around the entire periphery with an obscuring
screen fence at least six feet in height. Screen fences shall be of
permanent finished construction, painted or otherwise finished neatly,
attractively and inconspicuously. The Township may modify this requirement
where existing and/or proposed landscaping sufficiently mitigates
views and noise or where property conditions preclude the installation
of such fencing.
F.
The applicant shall provide evidence of compliance with all appropriate
federal, state, county and local permits as appropriate.
G.
The site shall provide dedicated off-street parking and passenger
loading areas.
H.
Sufficient stacking areas shall be provided on-site for vehicles
entering the site such that traffic will not back up onto the road.
I.
Uses which may have events with an anticipated capacity of 200 or
more people shall provide letters of review from the County Sheriff
and Livingston County Road Commission with respect to the proposed
event. Notice shall also be provided to the Township at least 30 days
in advance of such an event.
J.
The use shall not result in the excessive creation of dust, noise,
traffic or trespassing upon adjacent properties.
K.
Accessory commercial activities shall be limited to those necessary
to serve only the patrons attending the event. In no case shall an
accessory activity operate in the absence of the principal use.
L.
No temporary sanitary facility or trash receptacle shall be located
within 200 feet of any lot line.
M.
All sanitary facilities shall be designed and constructed in strict
conformance with requirements of the Livingston County Health Department.
N.
Adequate trash receptacles shall be provided throughout the site,
and the applicant shall describe the timing and method of trash/waste
disposal.
O.
The applicant shall provide an indication of hours of operation,
which may be modified by the Township based on the nature of the use
and the nuisance potential to surrounding property owners.
P.
Central loudspeakers/paging systems are prohibited adjacent to residential
zoning districts.
Q.
The intensity level of any sound generated on site shall not exceed
65 decibels at the property line where adjacent to a nonresidential
zoning district, or 55 decibels at the property line where adjacent
to a residential zoning district.
R.
Parking shall be provided at a rate of one space per each employee,
plus one space per each three seats in spectator areas and/or one
space per each three persons of occupancy.
S.
A landscaped greenbelt meeting the requirements of § 340-163 and of not less than 50 feet in width shall be provided on all sides of the site. The Township may modify this requirement if existing vegetation provides suitable screening for surrounding properties.
T.
Before the issuance of a permit, the permittee shall obtain public
liability insurance with limits of not less than $1,000,000 per occurrence
and property damage insurance with a limit of not less than $100,000
from a company or companies approved by the Commissioner of Insurance
of the State of Michigan, which insurance shall insure liability for
death or injury to persons or damage to property which may result
from the conduct of the assembly or conduct incident thereto and which
insurance shall remain in full force and effect in the specified amounts
for the duration of the permit. The evidence of insurance shall include
an endorsement to the effect that the insurance company shall notify
the Clerk of the Township, in writing, at least 30 days before the
expiration or cancellation of said insurance. The Township must be
named as an additional insured on this policy.
[Added 5-16-2018 by Ord.
No. Z-92]
Please refer to § 340-39B(5), for specific use requirements.
[Added 8-21-2019 by Ord.
No. Z-102]
A.
Intent and purpose. It is the intent of the Township to allow, with
special land use approval, agritourism activities as defined in this
Zoning Ordinance that are accessory to the primary agricultural land
use in the A-0 Agricultural/Open Space District. The purpose of these
regulations is to provide clear expectations for operators, residents,
other businesses, and local officials regarding the standards of agritourism
activities.
B.
Except as otherwise preempted by the Michigan Right to Farm Act,
Act 93 of 1981, as amended,[1] the agritourism activities and standards described below may only be permitted with special land use approval pursuant to Article XIII of this chapter.
(1)
Cider mills or wineries selling product, in a tasting room,
containing at least 50% of crops or produce grown on site.
(2)
Seasonal outdoor mazes of agricultural origin, such as straw
bales or corn.
(4)
The processing, storage and retail or wholesale marketing of
agricultural products into a value-added agricultural product in a
farming operation if at least 50% of the stored or processed, or merchandised
products are produced by the farm operator.
(5)
U-pick operations in accordance with the following standards:
(a)
Any buildings or structures associated with such use shall not
be greater than 500 square feet total in area.
(b)
Suitable trash containers shall be placed on the premises for
public use.
(c)
Any building or structure containing or associated with a roadside
stand or farm market shall not be located within any setback as established
for the zoning district in which such use is located.
(d)
Adequate off-street parking shall be provided and may be allowed
in the required front setback area. Parking shall conform to the parking
regulations of the Zoning Ordinance.
(e)
Two signs, not to exceed eight square feet each, may designate
such use. Such signs shall not create a traffic hazard and shall not
be located closer than 25 feet to the nearest edge of the roadway.
Such signs shall be deemed temporary in nature, nonilluminated, and
approved as to safety and stability by the Township Zoning Official.
(f)
Any other signage or advertising media, including, but not limited
to, flags, strings of lights, pennants, banners, searchlights, bare
light bulbs, moving or twirling signs or any portion thereof, balloons,
and/or other similar advertising devices, shall be prohibited.
(6)
Community-supported agriculture or CSA.
(7)
Uses listed above as Subsection B(1) through (6) may include any or all the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the farm is maintained and the income from these activities represents less than 50% of the gross receipts from the farm.
(a)
Value-added agricultural products or activities, such as education
tours of processing facilities, etc.
(b)
Playgrounds or equipment typical of a school playground, such
as slides, swings, etc. (not including motorized vehicles or rides).
(c)
Petting farms, animal display, and pony rides.
(d)
Wagon, sleigh and hayrides.
(e)
Nature trails.
(f)
Open-air or covered picnic area with restrooms.
(g)
Educational classes, lectures, seminars.
(h)
Historical agricultural exhibits.
(i)
Kitchen facilities, for the processing, cooking, and/or baking
of goods containing at least 50% produce grown on site.
(j)
Gift shops for the sale of agricultural products and agriculturally
related products. Gifts shops for the sale of non-agriculturally related
products such as antiques or crafts limited to 25% of gross sales.
(8)
Other commercial/tourism business that is complementary and
accessory to the primary agricultural land use of the subject property,
including, but not limited to: a) small-scale entertainment (e.g.,
music concert, car show, art fair), b) organized meeting space (e.g.,
for use by weddings, birthday parties, and corporate events), c) designated,
permanent parking for more than 20 vehicles.
[1]
Editor's Note: See MCLA § 286-471 et seq.
C.
Supplemental regulations.
(1)
Minimum lot area of 20 acres.
(2)
Access to road types.
(a)
(b)
All other uses permitted by this section, not noted above, may
have access on any road type within the Township with the condition
that the increase in traffic shall not create a nuisance to nearby
residents by way of traffic or noise, or increase the public cost
in maintaining the roadway.
(3)
A 200-foot open buffer shall be provided on all sides of the
property not abutting a roadway. Agricultural commercial/tourism business
activities shall not be allowed within this buffer area. Where possible,
crops shall remain within this buffer area to help maintain the agricultural
character of the site.
(4)
A greenbelt buffer shall be provided according to the standards of § 340-163B(11) along the property line where there is an abutting residence. Greenbelts are intended to screen views of the proposed operation from the adjacent home or property. Landscaping shall meet the standards of § 340-163.
(5)
Must provide off-street parking to accommodate use as outlined in § 340-160.
(a)
Parking facilities may be located on a grass or gravel area
for seasonal uses such as roadside stands, u-pick operations, and
agricultural mazes. All parking areas shall be defined by either gravel,
cut lawn, sand, or other visible marking.
(b)
All parking areas shall be constructed in such a manner to avoid
traffic hazards associated with entering and exiting the public roadway.
(c)
Paved or unpaved parking areas shall not be in required setback
or buffer areas. Paved parking areas must meet all design and landscape
screening requirements as set forth in this Zoning Ordinance.
(6)
The following additional operational information must also be
provided, as applicable:
(a)
Ownership of the property.
(b)
Months (season) of operation.
(c)
Hours of operation.
(d)
Anticipated number of customers.
(e)
Maintenance plan for disposal, etc.
(f)
Any proposed signs.
(g)
Any proposed lighting.
(h)
Maximum number of employees at any one time.
(i)
Restroom facilities.
(j)
Verification that all outside agency permits have been granted,
i.e., federal, state and local permits.
(7)
All areas of the property to be used, including all structures
on site, must be clearly identified.
