The intent of this article is to recognize that there are certain conditions concerning land uses that warrant specific exceptions, regulations or standards in addition to the requirements of the zoning district in which they are permitted to be located. This article provides standards for both permitted and special uses which must be adhered to in addition to other standards of this chapter. See Article II, Terminology, and Article IV, Zoning District Regulations, for additional information related to the uses denoted within this article.
A.
Family day-care homes serving six or fewer adults or children shall
be considered a residential use of property and a permitted use in
all residential districts. The family day-care home shall receive
minor children for care and supervision for periods of less than 24
hours a day, unattended by a parent or legal guardian, except children
related to an adult member of the family by blood, marriage, or adoption.
Such facilities also include homes that give care to an unrelated
minor child for more than four weeks during a calendar year.
B.
Adult group day-care home with greater than six adults is subject
to the following:
(1)
The proposed use of the residence for group day-care shall not change
the essential character of the surrounding residential area, and shall
not create a nuisance in fact or law relating to vehicular parking,
noise, or additional congestion in excess of residential uses in the
district.
(2)
Where outdoor areas are provided, they shall be enclosed by a fence
that is at least four feet in height, but no higher than six feet.
(3)
The hours of operation do not exceed 16 hours within a twenty-four-hour
period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall
be limited so that the dropoff and pickup is not disruptive to neighboring
residents.
(4)
Appropriate license with the State of Michigan shall be maintained.
C.
Adult day-care centers are subject to the following conditions:
(1)
The property is maintained in a manner that is consistent with the
character of the neighborhood.
(2)
A separate dropoff and pickup area shall be provided adjacent to
the main building entrance, located off a public street and the parking
access lane, and shall be of sufficient size so as to not create congestion
on the site or within a public roadway.
(3)
Where outdoor activity areas are provided, they shall be enclosed
by a fence that is at least four feet in height but no higher than
six feet.
D.
Child group day-care homes with greater than six children are subject
to the following:
(1)
The proposed use of the residence for group day-care shall not change
the essential character of the surrounding residential area, and shall
not create a nuisance of the surrounding residential area, and shall
not create a nuisance relating to vehicular parking, noise, or additional
congestion in excess of residential uses in the district.
(2)
There shall be an outdoor play area of at least 500 square feet provided
on the premises. Said play area shall not be located within the front
yard. This requirement may be waived by the Planning Commission if
a public play area is within 500 feet of the subject parcel.
(3)
All outdoor play areas shall be enclosed by a fence that is designed
to discourage climbing, and is at least four feet in height, but no
higher than six feet.
(4)
The hours of operation do not exceed 16 hours within a twenty-four-hour
period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall
be limited so that the dropoff and pickup of children is not disruptive
to neighboring residents.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
(6)
The granting of the special land use application shall not impair
the health, safety, welfare, or reasonable enjoyment of adjacent or
nearby residential properties.
E.
Child day-care centers are subject to the following conditions:
(1)
The property is maintained in a manner that is consistent with the
character of the area.
(2)
A separate dropoff and pickup area shall be provided adjacent to
the main building entrance, located off a public street and the parking
access lane, and shall be of sufficient size so as to not create congestion
on the site or within a public roadway.
(3)
There shall be an on-site outdoor play area of the greater of 1,500
square feet or 75 square feet for each child. Said play area shall
not be located within the front yard. This requirement may be waived
by the Planning Commission if a public play area is available within
500 feet from the subject parcel.
(4)
All outdoor play areas shall be enclosed by a fence that is designed
to discourage climbing and is at least four feet in height, but no
higher than six feet.
(5)
For each child, a center shall have a minimum of 50 square feet of
indoor activity space for use by, and accessible to, the child, exclusive
of all of the following: hallways, storage areas and cloakrooms, kitchens
and reception and office areas.
(6)
Appropriate licenses with the State of Michigan shall be maintained.
A.
Intent. It is the intent of this section to establish standards for
child and adult foster care facilities that will insure compatibility
with adjacent land uses and maintain the character of the neighborhood.
B.
Adult foster care facilities.
(1)
Application of regulations.
(a)
A state-licensed adult foster care family home and adult foster
care small group home serving six persons or less shall be considered
a residential use of property and a permitted use in all residential
districts.
(b)
The Township may, by issuance of a special land use permit,
authorize the establishment of adult foster care small group homes
serving more than six persons and adult foster care large group homes.
(c)
The Township may, by issuance of a special use permit, authorize
the establishment of an adult foster care congregate facility.
(2)
Adult foster care small group homes serving between seven and 12 adults and adult foster care large group homes serving between 13 and 20 adults, shall be considered as a special land use subject to the requirements and standards of § 530-11 and the following additional standards:
(a)
The subject parcel shall meet the minimum lot area requirements
for the zoning district in which it is located, provided there is
a minimum site area of 1,500 square feet per adult, excluding employees
and/or care givers.
(b)
The property is maintained in a manner that is consistent with
the character of the neighborhood.
(c)
Appropriate licenses with the State of Michigan shall be maintained.
C.
Child foster care facilities.
(1)
Foster family homes serving less than four children shall be considered
a residential use of property and a permitted use in all residential
districts. Such facilities shall provide no less than 40 square feet
of sleeping room per child with all other requirements provided in
accordance with the applicable state standards.
(2)
Foster family group homes serving between four and eight children under the age of 17, no more than two of which may be under the age of one, shall be considered as a special land use subject to the requirements and standards of § 530-11 and the following standards:
(a)
The proposed use of the residence for foster family care shall
not change the essential character of the surrounding residential
area, and shall not create a nuisance of the surrounding residential
area, and shall not create a nuisance relating to vehicular parking,
noise, or additional congestion in excess of residential uses in the
district.
(b)
There shall be an outdoor play area of at least 1,000 square
feet provided on the premises. Said play area shall not be located
within the front yard. This requirement may be waived by the Planning
Commission if a public play area is available within 500 feet from
the subject parcel.
(c)
All outdoor play areas shall be enclosed by a fence that is
designed to discourage climbing, and is at least four feet in height,
but no higher than six feet.
(d)
Appropriate licenses with the State of Michigan shall be maintained.
In the development and execution of this section, it is recognized
that there are some uses which, because of their very nature, have
serious objectionable operation characteristics, particularly when
several of them are concentrated near to a residential zone, thereby
having a deleterious effect upon the adjacent areas. Special regulation
of these uses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood. These special regulations are itemized in this section.
These controls are for the purpose of preventing a concentration of
these uses within any one area, or to prevent deterioration or blighting
of a nearby residential neighborhood. These controls do not legitimize
activities which are prohibited in other sections of this chapter.
A.
Uses subject to these controls are as follows:
(1)
Adult book and supply store.
(2)
Adult cabaret.
(3)
Adult live stage performing theater.
(4)
Adult motion-picture theater.
(5)
Adult physical culture establishment.
(6)
Body piercing establishment.
(7)
Burlesque show.
(8)
Escort agency.
(9)
Massage parlor.
(10)
Nude modeling studio.
(11)
Tattoo parlor.
B.
Building shall be set back 80 feet from an existing or proposed right-of-way.
C.
Ingress and egress points shall be located at least 120 feet from
the intersection of any two streets measured from the road right-of-way
lines.
D.
A five-foot-high completely obscuring masonry wall compatible with
the surrounding area shall be provided where abutting districts are
zoned residential.
F.
Approval of any of the regulated uses listed in this section shall
be permitted only after a finding has been made by the Planning Commission
at a public hearing, as required for special land uses, that the following
conditions exist:
(1)
If the use is a use that is listed above in this section, it shall
be located in the I-1 Light Industrial District.
(2)
The use is not located within a one-thousand-foot radius of one other
such use, except that such restriction may be waived by the Planning
Commission if the following findings are made:
(a)
That the proposed use will not enlarge or encourage the development
of a blighted or deteriorating area in its immediate surroundings.
(b)
That the proposed use will not enlarge or encourage the development
of a blighted or deteriorating area in its immediate surroundings.
(c)
That the establishment of a regulated use, or an additional
regulated use, in the area will not be contrary to any program of
neighborhood conservation, nor will it interfere with any program
of urban renewal.
(d)
That all applicable state laws and local ordinances will be
observed.
G.
Limit on reapplication. No application for a regulated use which
has been denied wholly or in part shall be resubmitted for a period
of one year from the date of said order of denial, except on the grounds
of new evidence not previously available or proof of changed conditions.
A.
Satisfy all requirements of the Federal Aviation Administration (FAA)
and the Michigan Department of Transportation's Airport Division.
B.
The plans for such facility shall be given approval by the Federal
Aviation Administration prior to submittal to the Planning Commission
for their review and action.
C.
The standards for determining obstruction to air navigation as announced
in the FAA Technical Order N-18, April 26, 1950 (as amended July 30,
1952) and any other amendments thereto shall be complied with. This
standard shall be applied by the class of airport as determined by
the FAA.
D.
The area of the "clear zone" (FAA definition) shall be provided for
within the land area under airstrip ownership, and in no instance
shall the "clear zone" be above property zoned for single-family residential
use.
All animal rescues or shelters (also known as kennels) shall
conform to the Michigan Department of Agriculture, Animal Industry
Division, and Regulation Number 151, Pet Shops, Dog Pounds, and Animal
Shelters (by authority conferred on the Director of Agriculture by
Section 2 of Act No. 287 of the Public Acts of 1969, being MCLA § 287.332
of the Michigan Compiled Laws). All such uses shall also comply with
the following:
A.
The following are the types of vendors permitted at an artisan and/or
farmers market:
(1)
Farmers: raise agricultural products (i.e., fruits, vegetables, herbs,
flowers or nursery crops from seed or purchased "starters") that are
personally cared for, cultivated, and harvested.
(2)
Agricultural processors: farmers who choose to process their agricultural
products for prepackaged sale (i.e., milk, cheese, oils, vinegars,
meats, poultry, eggs, honey, soap and herbal preparations).
(3)
Food processors: sale of fresh food products which have been personally
prepared (i.e., juice, baked goods, jams, etc.).
(4)
Resellers: individuals who purchase produce from local farmers and
then resell directly to the customer.
(5)
Crafters: individuals who create craft objects made with their own
hands and imagination from "raw" materials (i.e., wax, clay, wood,
metal, leather, etc.).
B.
The hours of operation, parking, dimensional requirements, signage,
lighting, etc. shall be evaluated as a part of the special land use
request.
Automobile filling stations, repair garages, service stations,
and dealerships shall comply with the following conditions:
A.
The curb cuts for ingress to and egress from a filling or service
station are not permitted at such locations as will tend to create
traffic hazards in the streets immediately adjacent thereto. Entrances
shall be not less than 30 feet from a street intersection (measured
from the road right-of-way) or from adjacent residential districts.
No more than one curb opening shall be permitted for each 50 feet
of frontage or major fraction thereof along any street. No driveway
or curb opening shall be located nearer than 10 feet to any corner
or exterior lot line. No driveway shall be located nearer than 30
feet to any other driveway serving the site.
B.
The minimum lot area shall be 10,000 square feet, so arranged that
ample space is available for motor vehicles which are required to
wait.
C.
The minimum dimension of any lot line adjacent to a public right-of-way
shall be 140 feet.
D.
Separation shall be made between the pedestrian sidewalk and vehicular
parking and maneuvering areas with the use of curbs, wheel stops,
greenbelts or traffic islands.
E.
All activities related to automobile service and repair equipment
shall be entirely enclosed within a building located not less than
40 feet from any street lot line, and not less than 10 feet from any
side lot line.
F.
Driveways shall be designed to accommodate the type and volume of
vehicular traffic using the site and located in a manner which is
compatible with uses located adjacent to and across from the site.
G.
Inoperative or unlicensed vehicles shall not be stored outside for
more than seven days. Such storage shall not occur in front of the
building front line.
H.
Automobile sales shall not be permitted on the premises of any automobile
filling station, repair garage, service station, and automobile wash.
I.
All coverings of the service or filling station gasoline pumps shall
be no taller than the principal structure and constructed of compatible
materials. Such canopies shall not be lit internally for signage purposes.
All proposed lighting shall be fully recessed.
J.
Gasoline pumps shall be located not less than 15 feet from any lot
line, and shall be arranged so that motor vehicles do not park upon
or overhang any public sidewalk, street or right-of-way while waiting
for or receiving fuel service.
K.
A filling or service station shall have no more than eight gasoline pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two gasoline pumps and/or one enclosed stall may be included for each additional 2,000 square feet of lot area above the minimum area set forth in Subsection B.
L.
Where the filling or service station site abuts any residentially zoned district, the requirements for protective screening shall be provided as specified in § 530-117. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.
M.
All exterior lighting, including illuminated signs, shall be erected
and hooded or shielded so as to be deflected away from adjacent and
neighboring property.
N.
All combustible waste and rubbish, including crankcase drainings,
shall be kept in metal receptacles fitted with a tight cover until
removed from the premises. Sawdust shall not be kept in any gasoline
service station or place of storage therein, and sawdust or other
combustible material shall not be used to absorb oil, grease or gasoline.
A.
Coin-operated/self-service establishments.
(1)
All buildings shall have a front yard setback of not less than 30
feet.
(2)
All washing facilities shall be within an enclosed shelter.
(3)
Vacuuming and drying areas may be located outside the building, but
shall not be closer than 15 feet to any residential district.
(4)
All cars required to wait for access to the facilities shall be provided
space off the street right-of-way.
(5)
Ingress and egress points shall be located at least 60 feet from
the intersection of any two streets.
(6)
A five foot completely obscuring masonry wall shall be provided where
abutting a residential district.
B.
Full service establishments.
(1)
All buildings shall have a front yard setback of not less than 60
feet.
(2)
All washing facilities shall be within a completely enclosed building.
(3)
Vacuuming and drying areas may be located outside the building but
shall not be closer than 25 feet to any residential district.
(4)
All cars required to wait for access to the facilities shall be provided
space off the street right-of-way.
(5)
Ingress and egress points shall be located at least 60 feet from
the intersection of any two streets.
(6)
A five-foot completely obscuring masonry wall shall be provided where
abutting a residential district.
A.
Bed-and-breakfast establishments must be located on no less than
two acres.
B.
Each premises must be occupied and operated by its owner.
C.
The proposed use shall not cause a nuisance to adjoining residences
due to noise, odor, lighting or traffic.
D.
The total number of sleeping rooms is limited to six rooms. No bed-and-breakfast
sleeping room shall be permitted that does not comply with the State
Construction Code.
E.
There shall be no separate cooking facilities used for a bed-and-breakfast
stay.
F.
Bed-and-breakfast bedrooms shall be a minimum of 120 square feet
for the first two occupants and an additional 30 square feet for each
additional occupant.
G.
The stay of bed-and-breakfast occupants shall be no more than 14
consecutive days and not more than 30 days in any one calendar year.
H.
The operator of each facility shall keep a list of the names of all
persons staying at the bed-and-breakfast. The list shall be available
for inspection by the Zoning Administrator.
I.
One bathroom for every three sleeping rooms shall be provided, with
a minimum of two bathrooms.
J.
Every bed-and-breakfast bedroom shall contain a functional smoke
detector, and an approved fire extinguisher shall be located on each
floor on which such sleeping room is located.
L.
One off-street parking space shall be provided in the interior side
yard or rear yard area for each bed-and-breakfast bedroom. The Planning
Commission may increase or decrease required parking in order to meet
the purposes of this section and protect the public health and safety.
M.
All Wayne County Environmental Health Department regulations must
be complied with. Prior to beginning operation, the proprietor must
provide proof from the Environmental Health Department that on-site
disposal facilities are adequate.
A.
Any building in connection with the cemetery and the premises shall
be designed, constructed and landscaped according to a comprehensive
and approved plan.
B.
The use shall be in harmony with the general character of the district.
C.
No buildings or structures, containing bodies or remains (other than
subterranean graves), shall be located nearer than 200 feet to the
property line.
A.
All ingress and egress from said site shall be directly onto a major
or secondary thoroughfare as shown on the Master Right-of-Way Plan
of the Wayne County Department of Public Services.
All colleges, universities, technical training and other such
institutions of higher learning, or specialized training, public and
private, offering courses in general, technical or religious education,
all subject to the following conditions:
A.
Any use permitted herein shall be developed only on sites of at least
10 acres in area.
B.
All ingress and egress from said site shall be directly onto a major
or secondary thoroughfare as shown on the Master Right-of-Way Plan
of the Wayne County Department of Public Services.
C.
No building other than a structure for residential purposes shall
be closer than 50 feet to any property lines.
A.
The minimum area shall be one acre.
B.
The storage area shall be enclosed with a six-foot chain-link fence.
C.
The storage area shall be enclosed with additional screening as outlined in § 530-117 when adjacent to a residential district.
D.
The storage area surface shall be constructed of six inches of well
compacted subgrade with gravel or paved finish surface.
E.
The storage area surface shall be graded and drained so as not to
allow water to collect or pool.
F.
All stored vehicles shall be licensed annually and kept in good repair.
G.
Recreational vehicles and equipment, parked or stored, shall not
have fixed connections to electrical, water, gas or sanitary facilities,
and shall at no time be used for living or housekeeping purposes.
Community wastewater systems shall require a conditional use permit from the Township Board in accordance with the procedures and standards set forth in § 530-11, Special land use. Community wastewater utility system shall be strictly prohibited in areas of the Township served by public sanitary sewers unless it is determined, in the sole discretion of the Township Board, the proposed project to be served by the system provides a recognizable and material benefit to the community and/or provides long-term protection of natural resources and environmental features. In addition to the requirements established by the Township, the State of Michigan and/or Wayne County, the following site development and use requirements shall apply:
B.
All operations shall be completely enclosed by a fence not less than
six feet high.
C.
All operations and structures shall be surrounded on all sides by a setback of at least 200 feet in width from the nearest dwelling located within a development project served by a community wastewater system and at least 200 feet from a property line shared with an adjacent property. Landscape buffering in accordance with § 530-117 shall be placed to minimize the appearance of the installation and to help confine the odors therein. The Township Planning Commission and Township Board shall have the authority to review the design and treatment of all buffer strips.
D.
The point of discharge of a community wastewater utility system shall
be located a minimum of:
E.
A community wastewater utility system should be restricted to a single
development project and shall not provide service to other properties
and/or development projects.
Container warehouse facilities are permitted as a special land
use in the I-2 District, and shall be subject to the following requirements
and conditions of this section:
A.
No activity other than the storage of containers (i.e., PODS®)
shall be allowed. No commercial, wholesale, retail, industrial or
other business use on, or operated from, the facility shall be allowed.
B.
The storage of any toxic, explosive, corrosive, flammable or hazardous
material is prohibited inside the container units.
C.
All batteries shall be disconnected from motor vehicles, boats, lawn
mowers or similar property to be stored inside a container unit.
D.
All storage shall be contained within a building.
E.
The exterior design of the building is subject to Planning Commission
review and approval, and must be compatible with adjacent properties
and the rural character of Huron Township. When a building is adjacent
to a zoning district that permits a residential use, or the adjacent
property is currently in residential use, the Planning Commission
may consider the use of a building material that is aesthetically
compatible.
F.
One space shall be provided on-site for every peak-hour employee.
G.
Direct ingress and egress shall be from a paved public road.
All drive-through windows for facilities, including but not
limited to restaurants, banks, etc., are restricted to the side or
rear elevations of all structures that provide drive-through services.
The following shall also apply:
A.
A setback of at least 60 feet shall be maintained from an existing
or proposed right-of-way.
B.
Ingress and egress points shall be located at least 60 feet from
the intersection of any two streets measured from the road right-of-way
lines.
C.
A five-foot-high completely obscuring wall, fence, berm, landscaping,
or combination thereof, compatible with the surrounding area shall
be provided where abutting districts are zoned residential.
A.
Intent and purpose. It is the intent and purpose of this section
to promote the underlying spirit and intent of the entire Zoning Ordinance,
but at the same time allow for the extraction, removing, filling,
depositing and dumping of minerals in locations where they have been
naturally deposited, and to insure that activity shall be compatible
with adjacent uses of land, the natural environment, and the capacities
of public or private services and facilities affected by the land
use, and, to insure that activities are consistent with the public
health, safety and welfare of the Township.
B.
Use restriction. Extraction, removal, filling, depositing and dumping operations may be considered as a special land use in the AG and I-2 Districts. These operations in the Township shall be prohibited unless first authorized by the granting of a special land use permit by the Township Planning Commission in accordance with this section and § 530-11, Special land uses. The following conditions shall apply to all such operations:[1]
(1)
No hydraulic dredging.
(2)
Containment of soil and windblown fines.
(3)
No topsoil is to leave the site without an engineer's report determining
the amount of topsoil on the site and the amount needed for reclamation.
(4)
Allow access to the entire property for inspection of the operations
on a yearly basis.
(5)
Allow inspection by any Township representative with 24 hours' notice
to determine the validity of any complaint.
(6)
No surface watercourse may be constructed or used without the permission
of the Township as part of the operation without a report from the
Township's Engineering Consultant demonstrating that there will be
no off-site impacts.
(7)
The Township's Engineering Consultant shall recommend a bond amount
for the reclamation of the site.
(8)
Provide a detailed plan and a timetable for the reclamation/restoration
of the site.
(10)
Operations shall be permitted only between the hours of 7:00
a.m. and 6:00 p.m., Monday through Friday, and on Saturday between
the hours of 7:00 a.m. and 12:00 p.m. Operations shall not be permitted
on Sunday and major holidays (federal and state), except by special
permit from the Zoning Board of Appeals. Major holidays are: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and
Christmas Day. (Source: United States Code, Title 5, Section 6103)
(11)
Provide a letter to the Township with specific date for the
start and completion of the operations once mining operations have
commenced.
(12)
No stockpiling of materials brought to the site.
(13)
There shall be not more than one entranceway from a public paved
road to said lot for each 660 feet of front lot line. Said entrance
shall be located not less than 500 feet from an intersection of two
or more public roads.
(14)
Stockpiles of stripped topsoil shall be seeded with grass or
other plant materials and shall be prevented from eroding onto other
properties.
(15)
On said lot, all roads, driveways, parking lots and loading
and unloading areas within 100 feet of any lot line shall be paved,
oiled, watered or chemically treated so as to limit the nuisance caused
by windborne dust on adjoining lots and public roads.
(16)
Each operator shall be held responsible for all public roads,
upon which trucks haul materials from the quarries, to keep these
roads in a drivable condition at least equal to that which existed
prior to the beginning of quarrying operations; and to keep the roads
dust-free and to clean up any and all spillage of material and dirt,
rock, mud and any other debris carried onto the roads by these trucks
or other equipment.
(17)
Any noise, odors, smoke, fumes, or dust generated on said lot
by any digging, excavating, loading or processing operation and borne
or able to be borne by the wind shall be confined within the lines
of said lot as much as is possible so as not to cause a nuisance or
hazard on any adjoining lot or public road.
(18)
Such activities shall not be conducted as to cause the pollution
by any material of any surface or subsurface watercourse or water
body outside the lines of the lot on which such use shall be located,
or of any existing body of water located within the premises.
(19)
Such activities shall not be conducted as to cause or threaten
to cause the erosion by water of any land outside the lot or of any
land on the lot so that earth materials are carried outside of the
lines of the lot. Such activities shall not be conducted as to alter
the drainage pattern of surface or subsurface waters on adjacent property.
In the event that such activities shall cease to be conducted, it
shall be the continuing responsibility of the owner(s) and the operator(s)
thereof to assure that no erosion or alteration of drainage patterns
shall take place after the date of the cessation of operation as specified
in this subsection.
(20)
All fixed equipment and machinery shall be located at least
160 feet from any lot line and 500 feet from any zoning district that
permits residential dwellings or that is currently used in a residential
manner. In the event the zoning classification of any land within
500 feet of such equipment or machinery shall be changed to a residential
classification subsequent to the operation of such equipment or machinery,
the operation of such equipment or machinery may continue henceforth
but in no case less than 160 feet from any lot line adjacent to the
residential district. A fence of not less than six feet in height
shall be erected around the periphery of the area being excavated.
Fences shall be adequate to prevent trespass.
(21)
All areas within a quarry shall be rehabilitated progressively
as they are worked out, so as to be nonhazardous. Further, these areas
shall be inconspicuously blended with the general surrounding ground
form, so as to appear natural.
(22)
The applicant shall submit a plan for the use of the property
during extracting, removing, filling, depositing and dumping operations
at the time of application for the permit. The Planning Commission
shall review and approve the plan. The plan shall provide the following
information:
(a)
Boundary lines of the property; dimensions and bearings of the
property lines, correlated with the legal description;
(b)
Aerial photo, showing property and adjacent areas, location
and outline of wooded areas, streams, marshes, and other natural features;
(c)
Existing site improvements, including but not limited to buildings,
drives, wells, and drain fields;
(d)
Existing topography at contour intervals of five feet;
(e)
Extent of future operations thereof;
(f)
Location and nature of structures and stationary equipment to
be located on the site during such operations;
(g)
Location and description of soil types;
(h)
An estimate of the kind and amount of material to be withdrawn
from or added to the site and the expected termination date of such
operations;
(i)
Description of all operations to be conducted on the premises,
including but not limited to digging, sorting and washing operations,
and the type, size and nature of equipment to be used with each operation;
(j)
Location and width of drives, sight distances; lane widening
on public roads at intersections of same with drives;
(k)
Tree areas and other natural features to be retained;
(l)
Description of pollution and erosion control measures;
(m)
Certified statement by a qualified engineer, with supporting
data and analyses, concerning expected impact on the water table and
water supply wells in the vicinity of the site; and
(n)
Map showing truck routes to and from the site.
(23)
The applicant shall file a plan for restoring the site to a
safe, attractive and usable condition. The plan shall be filed at
the time of application for the special land use permit. The Planning
Commission shall review and approve the plan. The restoration plan
shall provide the following information:
(a)
Boundary lines of the property, dimensions and bearings of the
property lines, correlated with the legal description;
(b)
Location and extent of all natural features to be retained during
such operations;
(c)
Contour lines at intervals of five feet of the proposed, restored
surface, clearly showing connection to existing undisturbed contour
lines;
(d)
Schedule and areas of progressive rehabilitation;
(e)
Proposed ground cover and other plantings to stabilize the soil
surface and to beautify the restored area;
(f)
Sketch plan of the proposed use of the site when restored; and
(g)
Description of methods and materials to be used in restoring
the site.
(24)
The applicant shall provide a security deposit in the name of
the Township, in the form and amount acceptable to the Township Planning
Commission, to guarantee restoration of the site and certification
of conformance by the Township Engineer.
(25)
The applicant shall provide a security deposit when required
by the Township Board, to maintain and replace public roads traversed
by trucks associated with the mining operation. The security shall
be deposited with the Wayne County Department of Public Services (WCDPS)
in the form and amount required by the WCDPS.
(26)
The Township Planning Commission shall not approve a special
land use permit for any such operation until the Commission has received
the plans required in this section, and until the required security
deposit has been provided.
(27)
The applicant shall provide a date for completing the operation,
such date to be based upon the estimated volume of material to be
extracted and/or added and an average annual extraction/filling rate.
The special use permit shall expire on that date. Any extension of
operations beyond that date shall require a new special land use permit,
which shall be applied for and processed as provided in this chapter.
(28)
Travel routes for trucks entering and leaving the pit shall
be shown on a map of the Township at the time of application for the
special use permit. Such routes except arterial streets or their equivalents
shall not pass through residential areas.
(29)
Only equipment owned or leased by the operator and used in the
operations of the facility shall be stored overnight or for longer
periods anywhere on the premises. Storage of any other equipment on
the premises shall be prohibited.
(30)
Potable water supply and sanitary sewage disposal systems shall
be approved by the County Health Department before a special use permit
is issued.
(31)
Concrete, cement or asphalt production shall not be allowed
as part of the operations.
C.
Exemption. Usual and customary land balancing by cutting and filling,
in preparation for immediately planned and approved development in
accordance with this and all other applicable ordinances and law,
shall be exempted from the provisions of this section. The following
are examples of such exemptions:
(1)
For the regrading, moving, or leveling of earth or rock materials
by a property owner solely upon his property. If more than one acre
of land is disturbed, a soil erosion permit may be required from the
county.
(2)
The filling of land where it is low or is in need of fill to make
the land buildable as long as the fill used does not contain any refuse
and is in an area of less than two acres in size and as long as it
does not affect the drainage of adjoining properties.
(3)
For the excavation and removal of soil from an industrial and/or
commercial site if the soil to be removed is the result of construction
of a building, structure, or facility for which a site plan and building
permit has been approved by the Township.
(4)
For the installation of public utilities or public roads.
D.
Application. An application shall be filed with the Zoning Administrator
and shall include the following:
(2)
Vertical aerial photograph, enlarged to a scale of one inch equals
200 feet, from original photograph flown at a negative scale no smaller
than one inch equals 660 feet. The date of the aerial photograph shall
be certified, and shall have been flown at such time when the foliage
shall be off of on-site trees; provided, if there are changes in the
topography from the date of the photograph, an accompanying text shall
be provided explaining each change. The vertical photograph shall
cover:
(a)
All land anticipated to be mined in the application, together
with adjoining land owned by the applicant.
(b)
All contiguous land, which is or has been used by the owner
or leasehold applicant for mineral extraction and processing and storage,
and all contiguous (land) in which the applicant or any affiliate
has a current interest.
(c)
All lands within 1/2 mile of the proposed mining area.
(d)
All private and public roads from which access to the property
may be immediately gained.
(e)
Boundary of the entire planned extracting, filling, removing,
filling, depositing and dumping area by courses and distance.
(f)
Site topography and natural features, including location of
watercourses within the planned mining area.
(g)
Means of vehicular access to the proposed operation.
(3)
Duration of proposed operation, and location, timing, and any other
relevant details with respect to the phasing and progression of work
on the site;
(4)
Land use study/drawing showing the existing land uses with specification
of type of use, e.g., single-family residential, multiple-family residential,
retail, office, etc., and density of individual units in areas shown,
including:
(5)
Geological/hydrological/engineering survey prepared by appropriate
and qualified experts, indicating:
(a)
Level of water table throughout the proposed mining areas;
(b)
Opinion as to each and every effect on the water table and private
wells and property owners within the reasonably anticipated area of
impact during and subsequent to the operation;
(c)
All qualitative and quantitative aspects of surface water, groundwater,
and watershed anticipated to be impacted during and subsequent to
the operation to the geographical extent reasonably expected to be
affected; and
(d)
Opinion whether the exposure of subterranean waters and the
impoundment of surface waters, where permitted, will establish a suitable
water level at the level or levels proposed as part of the operation,
and whether the same will not interfere with the existing subterranean
water or cause any harm or impairment to the general public.
(6)
Description of the vehicles, machinery and equipment proposed for
use on the property, specifying with respect to each, and the anticipated
noise and vibration levels.
E.
Review procedure.
(1)
The Township Clerk shall retain the original application for the
file, and forward the copies to the members of the Planning Commission,
the Township's Engineering and Planning consultants, the Wayne County
Department of Public Services and soil erosion control authority.
(2)
The Township Engineer and the Township Planner shall each file a
report with the Zoning Administrator, together with a recommendation
on the need for additional experts. The Zoning Administrator shall
retain the original of these reports for the file and forward copies
to the Planning Commission.
(3)
The Zoning Administrator shall request a report from the Wayne County
Department of Public Services regarding traffic safety relevant to
the application and any road improvements deemed appropriate to protect
the public health, safety and welfare.
(4)
After receiving all reports, including any additional reports of experts recommended by the Township Engineer and/or Planner, if deemed appropriate, the Planning Commission shall consider the application in accordance with the procedures set forth in § 530-11, Special land uses.
(5)
Reasonable conditions may be required with the approval of the application
for the special land use, to insure that public or private services
and facilities affected by proposed land use or activity will be capable
of accommodating increased service and facility loads caused by the
land use or activity, to protect the natural environment and conserve
natural resources and energy, to ensure compatibility with adjacent
uses of land, and to promote the use of land in a socially and economically
desirable manner. Conditions imposed shall be reasonable and shall
be in compliance with applicable law.
F.
Requirements and standards. The determination on applications submitted
under this section shall be based upon the following requirements
and standards, as determined in the discretion of the Planning Commission,
and if the application is approved, the applicant shall maintain such
standards and requirements as a condition to continued operation and
use:
(1)
Demonstration by the applicant that the proposed special land use
shall not result in a probable impairment, pollution, or destruction
of the air, water, natural resources, and public trust therein.
(2)
Demonstration by the applicant that the proposed special land use
shall not result in a probable impairment to the water table or private
wells of property owners within the reasonably anticipated area of
impact during and subsequent to the operation.
(3)
Demonstration by the applicant that the proposed special land use
shall not create a probable impairment of and/or unreasonable alteration
in the course, quantity, and quality of surface water, groundwater,
and/or the watershed anticipated to be impacted by the operation.
(4)
Taking into consideration the duration and size of the operation,
viewed within the context of the surrounding land uses in existence,
or reasonably anticipated to be in existence during the operation,
the proposed special land use shall not be incompatible with such
surrounding uses, based upon an application of generally accepted
planning standards and principles.
(5)
The proposed special land use shall not unreasonably burden the capacity
of public or private services and facilities.
(6)
The proposed special land use shall have immediate and direct access
to a paved public road having a planned right-of-way not less than
120 feet and having necessary and appropriate load-bearing and traffic
volume capacity in relation to the proposed intensity of the use.
(7)
The proposed special land use shall not unreasonably impact upon
surrounding property and/or property along haul routes, in terms of
noise, dust, air, water, odor, light, and/or vibration, and further,
shall not unreasonably impact upon persons perceiving the operation
in terms of aesthetics.
(8)
All activities conducted in connection with the operation shall occur
at least 160 feet from the nearest property line; provided, all processing
and stockpiling shall be conducted at least 260 feet from the center
of the nearest street and 200 feet from the nearest property line
and 300 feet from a zoning district which permits residential uses
or land is in residential use.
(9)
The hours of operation shall not reasonably interfere with usual
and customary uses of land within the surrounding area anticipated
to be impacted. Hours of operation are 7:00 a.m. to 6:00 p.m., Monday
through Friday, and on Saturday between the hours of 7:00 a.m. and
12:00 p.m. Operations shall not be permitted on Sunday and major holidays
(federal and state), except by special permit from the Zoning Board
of Appeals. Major holidays are: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving, and Christmas Day. For further information,
refer to the United State Code, Title 5, Section 6103.
(10)
Taking into consideration that the Township is conditionally
authorizing this special land use in residential districts and areas
used for residential purposes, and that this special land use is,
to some extent, inharmonious with child rearing and other residentially
related activities, and as an attempt to legislate a balance of interests
between the mineral mine user and the owners and/or the occupants
of residential property, the maximum duration of the proposed special
land use, if conducted in or immediately adjacent to a residential
zoning district, shall be 10 years.
(11)
The site shall be secured with fencing and screened from all
adjacent public highways and residentially used parcels in a manner
which meets the maximum requirements of this chapter.
(12)
The total area (or areas) being mined, and which has (or have)
not been reclaimed, shall at no time exceed the lesser of 75 acres
and 40% of the entire parcel approved as a special land use.
(13)
The activities of the proposed special land use shall not result
in a demand for local services and/or facilities that are or become
unavailable, including, without limitation, road and/or drainage facilities,
maintenance and repair.
(14)
The proposed transportation route or routes within the Township
shall be as direct and minimal in detrimental impact as reasonably
possible, as determined at the discretion of the Planning Commission
at the time of application and thereafter.
G.
Reclamation. Reclamation of the site shall be in accordance with
a reclamation plan approved by the Planning Commission as part of
the application review process. There shall be no final slopes having
a grade in excess of a minimum ratio of one foot vertical to five
feet horizontal, and, for permanent water areas, for a distance of
not less than 10 feet nor more than 50 feet, the submerged slopes
shall be graded from the water's edge at a grade not in excess of
a minimum ratio of one foot vertical to seven feet horizontal; the
entire site shall be planted with sufficient vegetation so as to sustain
short- and long-term growth, in order to avoid erosion and washout
and, to the extent necessary to achieve this objective, suitable soils
shall be placed on the property; and all structures, machinery, equipment
and improvements shall be removed from the site unless, following
approval of the Planning Commission, the same are deemed consistent
with the zoning district in which the site is situated. The Planning
Commission or Township Board shall have the right to impose performance
bonds to insure that the reclamation and restoration plans as submitted
are implemented.
The purpose of regulating a funeral home or mortuary is to assure
adequate off-street parking and staging room for cars lined up for
the funeral procession plus compatibility in the area. A funeral home
is permitted subject to the following conditions:
A.
The funeral home shall be a licensed facility by the State of Michigan.
B.
A funeral home may contain a dwelling unit for the owner.
D.
The lot area shall be adequate to accommodate an off-street assembly
area for a funeral procession in addition to any required off-street
parking area.
E.
The site shall be so located as to have at least one property line
abutting a major thoroughfare of not less than 120 feet of right-of-way
width, either existing or proposed, and all ingress and egress for
the site shall be directly onto said major thoroughfare, or a marginal
access service drive thereof.
F.
Points of ingress and egress for the site shall be so laid out as
to minimize possible conflicts between traffic on adjacent major thoroughfares,
and funeral processions or visitors entering or leaving the site.
G.
No building shall be located closer than 50 feet to the outer perimeter
(property line) of the district when said property line abuts any
residential district.
H.
Loading and unloading area used by ambulance, hearse, or other such
service vehicles shall be obscured from all residential view with
a solid wall, fence, berm, landscaping, or combination thereof, six
feet in height.
A.
A contractor's office building shall be of permanent construction.
Temporary construction trailers shall not be permitted to be occupied
as the office of the contractor. Outdoor storage shall be strictly
and clearly accessory to the contractor's principal office use of
the property. Only products, materials and equipment owned and operated
by the principal use shall be permitted for storage. Storage of all
motorized equipment shall be on a paved surface.
B.
Storage shall not be located within the required front yard. Stored
materials shall not be located in any required parking or loading
space(s). Storage of any kind shall not interfere with ingress and
egress of fire and emergency vehicles and apparatus.
C.
Open storage of building materials, sand, gravel, stone, lumber, open storage or construction contractor's equipment and supplies, provided such are enclosed within an obscuring wall on those sides abutting any residential district and on any front yard abutting a public thoroughfare. Storage shall be screened from the view of a public street and adjacent properties in accordance with the requirements of § 530-117.
D.
The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including a description of materials, height, and typical elevation of the enclosure, shall be provided as part of the information submitted under § 530-12, Site plan review.
E.
The loading and unloading of equipment shall be conducted entirely
within the site and shall not be permitted within a public right-of-way.
A.
All such hospitals shall be developed only on sites of at least five
acres in area.
B.
The proposed site shall have at least one property line abutting
a major thoroughfare of at least 120 feet in right-of-way as indicated
on the current Master Right-of-Way Plan of the Wayne County Department
of Public Services. At least two ingress routes shall be provided
for the facility.
C.
The minimum distance of any main or accessory building from bounding
lot lines or streets shall be at least 50 feet for front, rear and
side yards for all two-story structures. For every story above two,
the minimum yard distance shall be increased by at least 20 feet.
D.
Ambulance and delivery areas shall be obscured from all residential
view with an obscuring wall or fence six feet in height. Ingress and
egress to the site shall be directly from a major thoroughfare.
E.
All ingress and egress to the off-street parking area for guests,
employees, staff or other users of the facility shall be directly
from a major thoroughfare.
Golf courses and country clubs, including accessory uses, including
but not limited to clubhouses, driving ranges, pro shops, maintenance
buildings, tennis courts, swimming pools, restaurants, caretaker residence,
and other similar facilities, shall be subject to the following conditions:
A.
Minimum site area shall be 40 acres.
B.
The location of structures, including but not limited to the clubhouse
and accessory buildings, and their operations shall be reviewed by
the Planning Commission to insure minimum disruption of the adjacent
properties, and as much distance as is practicable shall be provided
between golf course structures and activities and abutting residential
properties. In no case shall any structure be located any closer than
100 feet from adjacent residentially zoned or used property.
C.
All storage, service and maintenance areas when visible from adjoining residentially zoned land or land presently used for residential purposes shall be screened from view according to § 530-117.
D.
All proposed outdoor lighting and sound systems shall be reviewed
by the Planning Commission to ensure that they do not have an impact
on adjacent land uses. In no case shall such speakers or lights be
directed towards land currently zoned or used for residential purposes.
E.
The caretaker's residence must meet the minimum requirements of the
district that the golf course is located in.
F.
Direct ingress and egress shall be from a paved public road.
A.
Enclosed within a building:
(1)
A minimum lot area of not less than 10 acres shall be maintained,
unless the Planning Commission permits a smaller area.
(2)
The structure for the completely enclosed firing and archery range
shall be bulletproof.
(3)
This structure shall be not less than 500 feet from any residential
use or district, or highway right-of-way.
(4)
Adequate paved parking is maintained.
(5)
A license for such a range be obtained from the Township Board.
(6)
Adequate public liability and property damage insurance for injuries
arising from the operation of the range shall be maintained.
(7)
An annual fee as determined by the Township Board shall be paid to
the Township for range inspection by the Police Department.
(8)
There shall be continuous supervision by a responsible person when
such range is in operation.
B.
Outdoor.
(1)
A minimum lot area of not less than 40 acres shall be maintained,
unless the Planning Commission permits a smaller area.
(2)
The gun firing lines of the range shall be not less than 5,000 feet
in length from the firing point, and shall be at least 1/4 mile from
the nearest residential use district in any direction from the firing
point.
(3)
The shooters shall fire in a northerly direction at all times, away
from any traveled highways.
(4)
Shooters shall fire into a thirty-foot-high hill or suitable backstop
to be approved by the Zoning Administrator and Police Department.
(5)
A six-foot chain-link fence shall be provided and maintained to prevent
persons from moving into the area and firing line.
(6)
A license for such range shall be obtained from the Township Board.
(7)
Adequate public liability and property damage insurance for injuries
arising from the operation of the range shall be maintained.
(8)
An annual fee as determined by the Township Board shall be paid to
the Township for range inspection by the Police Department.
(9)
There shall be continuous supervision by a responsible person when
such range is in operation.
A.
Housing for the elderly shall comply with the following conditions:
(1)
All housing for the elderly shall provide for the following:
(a)
Independent living for the elderly. Dwellings may be provided
for as one-family detached, two-family or multiple-family units. The
minimum site area requirements for purpose of calculating density
shall be as follows:
|
Dwelling Unit Size
|
Site Area/Unit
(square feet)
| |
|---|---|---|
|
Efficiency/1 bedroom
|
2,000
| |
|
2 bedroom
|
4,000
| |
|
Each additional bedroom
|
500
|
(b)
Assisted living for the elderly. Where such facilities contain individual dwelling units with kitchen facilities, the density requirements set forth in Footnote (d) of the Schedule of Area, Height and Placement Regulations (§ 530-39), shall apply. Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be 200 square feet.
(c)
Both independent and assisted-living facilities shall be contained
within a building which does not exceed 250 feet in overall length,
measured along the front line of connecting units, inclusive of any
architectural features which are attached to or connect the parts
of the building together. The Planning Commission may permit buildings
of greater length when it can be demonstrated that architectural design
and natural and topographic features ensure that the building is in
scale with the site and surrounding areas.
(d)
Building setbacks shall comply with the following:
[1]
Perimeter setbacks shall be no less than 75 feet from the front
property line and 50 feet from all other property lines.
[3]
Internal setbacks for one- and two-family dwellings not located
on an individual lot shall be as follows:
|
Multiple-Family
(feet)
|
One- or Two-Family
(feet)
| ||
|---|---|---|---|
|
Internal drives/streets
|
25
|
25
| |
|
Side/side orientation
|
30
|
20
| |
|
Side/front, side/rear
|
30
|
35
| |
|
Front/front, front/rear, rear/rear
|
50
|
50
|
(e)
Minimum floor area. Each dwelling unit shall comply with the
following minimum floor area requirements, excluding basements:
|
Floor Area
| |||
|---|---|---|---|
|
Dwelling Type
|
Assisted Living Unit
(square feet)
|
Independent Living Unit
(square feet)
| |
|
Efficiency
|
400
|
500
| |
|
1 bedroom
|
550
|
650
| |
|
2 bedroom
|
700
|
800
| |
|
Additional bedroom
|
150 per
|
150 per
| |
(f)
Building height. The maximum height of a building is two stories
or 35 feet in all zoning districts except the CBD Central Business
District, which by right may be three stories tall. In the remaining
zoning districts, the Planning Commission may, at its discretion,
permit up to three stories only if the following conditions are met:
[1]
The site contains significant natural resources, including but
not limited to slopes or wetlands.
[2]
No increase in density shall be allowed.
[3]
Approval by the Fire Department is required.
[4]
An increased front, rear and side yard setback distance and
spacing requirements between buildings. The extent of increase, if
any, for each setback measurement shall be established as part of
the approval of the Planning Commission.
[5]
In no event shall the maximum height of any such building exceed
45 feet as calculated in accordance with the terms of this chapter.
(g)
Open space/recreation. Open space and recreation shall be provided
in accordance with the following requirements:
(h)
Accessory uses. Support uses offered solely to residents may
be permitted, provided they are contained within the principal building
and are strictly accessory to the principal use as an elderly residential
facility. Such support may include: congregate dining; health care;
personal services; and social, recreational, and educational facilities
and programs.
B.
Nursing homes and convalescent centers shall comply with the following
conditions:
(1)
Minimum lot size shall be based upon no less than 2,000 square feet
per bed.
(2)
The site shall be so developed as to create a land-to-building ratio
on the lot or parcel whereby for each bed in the nursing homes/convalescent
centers there shall be provided not less than 1,500 square feet of
open space. Such space shall provide for landscape setting, off-street
parking, service drives, loading space, yard requirements, employee
facilities and any space required for accessory uses. The one-thousand-five-hundred
square foot requirement is over and above the building coverage area
requirement.
(3)
No building shall be closer than 40 feet from a property line.
(4)
The lot location shall be such that at least one property line abuts
a collector street, secondary thoroughfare, or primary thoroughfare.
More than one point of vehicle ingress and egress shall be provided
directly from said thoroughfare.
(5)
Area for access of emergency vehicles shall be provided for each
primary building entrance.
A.
In no instance shall a waste lagoon pond be closer than 500 feet
to an existing or proposed street right-of-way or abutting residential
district.
B.
An eight-foot wall or fence shall be erected around the entire site
and control gates shall be installed. In addition, an earth embankment
in the form of a berm with a minimum height of eight feet may be required
at the discretion of the Planning Commission.
C.
All such ponds shall also comply with all applicable state and county
regulations.
A.
The minimum parcel size for the industrial park as a whole shall
be 20 acres while the minimum lot size within an industrial park shall
be two acres.
B.
Outside storage.
(1)
The outside storage of materials, supplies, vehicles, equipment or
similar items is allowed only when such storage is specifically shown
on the site plan as approved by the Planning Commission.
(2)
Outside storage shall be limited to the rear yard area.
(3)
Outside storage areas shall be completely fenced with a chain-link
fence at least eight feet high.
(4)
Outside storage areas shall be screened from view of all roadways.
This screening shall be a wall, fence, berm, landscaping or combination
thereof.
C.
Off-street parking.
(1)
No parking area or driveway shall be closer than 20 feet to the adjacent
property line. However, if the parcel in question abuts a residentially
used or zoned parcel, then no parking area or driveway shall be closer
than 50 feet to the adjacent property line.
(2)
The off-street parking areas and access driveways shall be screened
from view from any adjoining residential property. Such screening
shall consist of earth berms, permanent walls or evergreen landscaping,
subject to approval of the Planning Commission.
D.
Internal roadway. The internal roadway shall not be closer than 100
feet to an adjacent property line.
E.
Loading and unloading.
Incineration of any refuse, industrial, hazardous or other waste
when conducted within an approved and enclosed incinerator plant,
subject to the following conditions:
A.
Any incinerator facility (incinerator, storage area and receiving area) shall be at least 1,000 feet from the perimeter of the parcel. Any nonhazardous waste incinerator facility with a capacity of 1,000 pounds per hour, or less, shall be exempt from these setback requirements, except for items in Subsections B and C below. Industrial buildings for other uses may be allowed in the one-thousand-foot buffer when part of a cooperative energy recovery development and nonhazardous waste incinerator.
B.
Any other structure, building or materials, other than the incinerator,
receiving area, and waste storage shall be set back a minimum of 100
feet from all abutting property lines, streets, and railroad rights-of-way;
however, any structure or building higher than 40 feet shall be set
back an additional one foot in height in excess of the minimum one-hundred-foot
setback, but in no instance shall this distance be less than 500 feet.
All stack heights shall follow U.S. Environmental Protection Agency
guidance for Good Engineering Practice (EPA 450/2-78-046) and demonstrations
shall be provided that ground-level concentrations (GLCs) at the property
line shall not cause a nuisance or community air pollution impact.
C.
The entire site shall be surrounded by a planted and maintained greenbelt conforming to § 530-117.
D.
All uses permitted in this subsection shall be subject to the provisions
of Act 451 of the Public Acts of 1994, specifically MCLA § 324.11101
et seq., Hazardous Waste Management, and MCLA § 324.11501
et seq., Solid Waste Management.[1]
E.
All residues resulting from the operation of an incinerator shall
be removed from the site of the incinerator and disposed of in an
approved disposal site.
F.
Any request for approval of a hazardous waste incinerator shall include
an operations and maintenance plan in graphic and text form describing
the method and practices to be followed in the actual day-to-day operation
of the incinerator. Data necessary to be submitted and included as
a part of the operational plan include the following:
(1)
A complete environmental impact report prepared pursuant to the specifications
of the Michigan Environmental Protection Act, Act 451 of 1994, MCLA
§ 324.1701 et seq. This shall also include a review of alternative
sites. This plan shall be supplemented by a detailed analysis of impacts
from noise, vibration, odor, visual impairment and air pollutants
past the property line and in the surrounding communities.[2]
(4)
A market analysis report indicating the economic feasibility of the
proposed use.
(5)
A site operational plan describing the methodology of transfer of
wastes from vehicles to the incineration point, methods of mitigating
hazardous waste spills and accidents, staffing expectations, hours
of operation, and methods for closing and removal of the buildings,
structures, and facilities should the incinerator cease operation
for a period exceeding six months.
G.
Paved access with curbing that will retain rainfall and potential
spills shall be available to each site, and each site shall abut a
paved major thoroughfare proposed to be at least 120 feet in right-of-way.
H.
All storage drums, or material to be incinerated, other than that
stored in large holding tanks, shall be stored within a totally enclosed
building(s). In addition, loaded tank trucks shall be parked only
within a diked area which shall be at least 1 1/2 times the volume
of the amount to be stored, and shall not include the access road(s).
I.
There shall be no unlicensed or nonmanifested carriers on the site
at any time.
J.
All facilities for rail tank cars or other rail container cars shall
be provided with storage facilities under the storage rails to assure
that any spillage shall be contained until removal to the approved
storage area. Said storage shall be at least 1 1/2 times the
volume of the amount to be stored.
K.
Security methods including fencing for the incinerator facility shall
be submitted with the required site plan.
L.
Fire and explosive hazard control shall be outlined and submitted
with the required site plan.
M.
Methods of controlling and avoiding any spillage of liquids or materials
into the storm sewer system or off the property shall be outlined
for all operational areas, including access.
N.
The storage capacity of the material to be incinerated on the site
shall not exceed 20 days at the rated capacity of the plant. Residue
storage shall not exceed 120 cubic yards at any time, and shall be
stored inside on a contained concrete or superior surface.
O.
The site for the disposal facility shall be at least 1,000 feet from
any existing or proposed overhead utility lines.
P.
Facilities shall be provided for washing all carriers and containers
prior to departure from the disposal site. An approved method shall
be provided to store used liquids used for washing until movement
to the approved disposal site.
New livestock production facilities must follow and be in conformance
with all generally accepted agricultural and management practices
(GAAMPs) for site selection and odor control for new and expanding
livestock production facilities.
Commercial kennels include any establishment wherein or whereon
three or more dogs, cats or other domestic animals are confined and
kept for sale, boarding, breeding or training purposes, for remuneration.
The purpose of regulating kennels is to maintain adequate health standards,
and to protect the general public:
B.
A minimum lot area shall be provided of not less than 10 acres, with
a minimum lot width of not less than 500 feet.
C.
A kennel shall provide an area of not less than 1/4 acre for each animal boarded and cared for as part of such kennel facilities, but shall not be less than Subsection B above.
D.
All buildings, pens and runways, for housing or keeping of such animals,
shall not be less than 150 feet from any adjacent property line.
E.
Pens and runways shall be screened from view from the road, either by the building or a greenbelt of plantings in accordance with § 530-117.
F.
All yard space used for pen areas shall be fenced with woven wire
or other approved fence material except barbed wire, which shall not
be acceptable as sole fence material, and said fence shall not be
less than five feet in height. Such fence shall be maintained in good
condition.
G.
Adequate sanitary facilities shall be provided for the cleaning of
the kennels, and the burning of any waste or refuse shall be prohibited.
H.
Any permit, after being issued by the Planning Commission for such
use, shall terminate immediately when the lot area requirements herein
set forth are decreased in any manner.
Private kennels include any building and/or land used for the
temporary or permanent boarding, breeding, training or care of dogs
or cats or other domestic animals belonging to the owner for the purposes
of show, hunting or as pets, and subject to the following:
A.
The lot or parcel shall be adequate in size to provide a distance
of not less than 150 feet to any dwelling and 20 feet to a side or
rear lot line, from any cage or pen housing the animals.
B.
The boarding, breeding, training or care of such animals shall be
incidental to the principal use of the premises and shall not be for
purposes of remuneration or sale.
C.
Adequate sanitary facilities shall be provided for the cleaning of
the kennels, and the burning of any waste or refuse shall be prohibited.
These provisions are intended to regulate retail establishments
of greater than 30,000 square feet of floor area, whether located
as an individual use on a single site or as part of a shopping center
with a grouping of attached and/or detached buildings. While it is
recognized that large-scale retail establishments may provide goods
and services to Township residents, such stores are primarily focused
on attracting consumers from a market area larger than the Township.
Therefore, specific standards are required to ensure that large-scale
retail stores can be adequately served by and do not create an inordinate
impact upon roads, utilities, storm drainage and police and fire services
and are subject to the following conditions:
A.
Building design standards.
(1)
Facades and exterior walls:
(a)
Facades greater than 100 feet in length, measured horizontally,
shall incorporate projections or recesses extending at least 20% of
the length of the facade. No uninterrupted length of any facade shall
exceed 100 horizontal feet.
(b)
Ground floor facades that face public streets shall have arcades,
display windows, entry areas, awnings or other such features along
no less than 50% of their horizontal length.
(c)
Building facades must include a repeating pattern that includes
no less than two of the following elements:
(2)
Roofs. Roofs shall have no less than two of the following features:
(a)
Parapets concealing flat roofs and rooftop equipment, including
but not limited to HVAC units from public view are required. Parapets
shall not exceed 1/3 of the height of the supporting wall at any point.
Such parapets shall feature three-dimensional cornice treatment;
(b)
Overhanging eaves, extending no less than three feet past the
supporting walls;
(c)
Sloping roofs with an average slope greater than or equal to
one foot of vertical rise for every three feet of horizontal run and
less than or equal to one foot of vertical rise for every one foot
of horizontal run; and
(d)
Three or more roof slope planes.
(3)
Materials and colors.
(a)
Predominant exterior building materials shall be high-quality
material, including but not limited to brick, stone, and integrally
tinted/textured concrete masonry units.
(b)
Facade colors shall be low reflectance, subtle, neutral or earth-tone
colors. The use of high-intensity colors, metallic colors, black or
fluorescent colors shall be prohibited.
(c)
Building trim and accent areas may feature brighter colors,
including primary colors, but neon tubing shall not be an acceptable
feature for building trim or accent areas.
(d)
Exterior building materials shall provide texture to at least
50% of the facade and shall not be completely made up of smooth-faced
concrete block, tilt-up concrete panels or prefabricated steel panels.
(4)
Entryways. Each principal building on a site shall have clearly defined,
highly visible customer entrances.
B.
Site design standards.
(1)
Parking lot location. No more than 50% of the off-street parking
area devoted to the large-scale retail establishment shall be located
between the front facade of the principal building and the abutting
streets.
(2)
Connectivity. The site design must provide direct connections and
safe street crossings to adjacent land uses. Pavement/material changes
at drive crossings should be installed where possible to better define
pedestrian crosswalks.
(3)
Pedestrian circulation.
(a)
Internal pedestrian walkways, no less than six feet in width,
shall be provided connecting the public sidewalk to the principal
customer entrance of all principal buildings on the site. At a minimum,
walkways shall connect focal points of pedestrian activity, including
but not limited to transit stops, street crossings, building and store
entry points, and shall feature adjoining landscaped areas that include
trees, shrubs, benches, flower beds, ground covers or other such materials
for no less than 50% of the length of the walkway.
(b)
Sidewalks, no less than eight feet in width, shall be provided
along the full length of the building along any facade featuring a
customer entrance, and along any facade abutting public parking areas.
Such sidewalks shall be located at least 10 feet from the facade of
the building to provide planting beds for foundation landscaping,
except where features, including but not limited to arcades or entryways,
are part of the facade.
(c)
All internal pedestrian walkways which cross or are incorporated
with vehicular driving surfaces shall be distinguished from such driving
surfaces through the use of durable, low-maintenance surface materials,
including but not limited to pavers, bricks or scored concrete to
enhance pedestrian safety and comfort, as well as the attractiveness
of the walkways. Surface materials used for internal pedestrian walkway
shall be designed to accommodate shopping carts.
(4)
Central features and community space. Each large-scale retail establishment
subject to these standards shall contribute to the establishment or
enhancement of community and public spaces by providing at least two
of the following: patio/seating area, pedestrian plaza with benches,
transportation center, window shopping walkway, outdoor playground
area, kiosk area, water feature, clock tower or other such deliberately
shaped area and/or a focal feature or amenity that, in the judgment
of the Township, adequately enhances such community and public spaces.
Any such areas shall have direct access to the public sidewalk network,
and such features shall not be constructed of materials that are inferior
to the principal materials of the building and landscape.
A.
Design and development standards. Live/work units shall be subject
to the following criteria:
(1)
At the time of application approval and for the reasonable foreseeable
future the commercial site and surrounding area are suitable for joint
residential and commercial use.
(2)
The project is designed to provide flexible work space in conjunction
with living areas that are conducive to work environment.
(3)
Residential and commercial uses are integrated in such a manner as
to address noise, hazardous materials, and other health and safety
issues on-site as well as off-site.
(4)
The project site must remain primarily in commercial use. At no time
shall more than 50% of the combined floor area of buildings identified
for reuse or new buildings constructed on a project site be dedicated
or used for noncommercial use. All remaining floor area on a project
site shall be dedicated and reserved exclusively for other commercial
and uses allowable in the B-1 District.
(5)
All designated work space shall be designed to accommodate commercial
uses as evidenced by the provision of flooring, interior storage,
ventilation, storefront windows, roll-up doors and/or other physical
improvements of the type commonly found in exclusively commercial
facilities used for the same work activity.
(6)
The living area of the live/work unit shall be at least 500 square
feet and shall not be occupied so that each person residing therein
shall have less than 200 square feet of living space.
(7)
The living area of the live/work unit shall be attached to or part
of the primary building in which a business is normally operated.
B.
Integration of commercial and living space. The commercial use shall
be the primary focus of the front of the building. Living space shall
be physically integrated into the commercial space and shall not be
separately rented, leased, or sold. Mezzanines and lofts within the
unit may be used as living space subject to compliance, with the other
provisions of this section.
C.
Parking requirements. Live/work units shall comply with the parking standards set forth in Article X. However, the Planning Commission may modify this requirement as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.
D.
Operating requirements.
(1)
A live/work unit shall be occupied and used only by the owner of
the business within the unit and his/her immediate family.
(2)
Notice to occupants. The owner or developer of any structure containing
live/work units shall provide written notice to all live/work occupants
and users that the surrounding area may be subject to levels of dust,
fumes, noise, or other effects associated with commercial uses at
higher levels than would be expected in more typical residential areas.
Noise and other standards shall be those applicable to commercial
properties in the CBD District.
(3)
An ongoing business must exist to allow residential occupancy of
the live/work unit. If the business ceases to operate, the special
land use permit shall end and the living area must be vacated within
six months of the last day of business.
(4)
The business and residential areas must be maintained separately
and no business activity, inclusive of but not limited to storage
of any inventory or servicing or maintenance of any product, shall
be allowed in the residential area.
Those who wish to operate a livestock auction market must first
obtain bonding and a livestock dealer/broker license from the Animal
Industry Division, Michigan Department of Agriculture, Lansing, Michigan.
The following must be provided:
A.
General site development standards.
(1)
No manufactured housing park shall be constructed within the limits
of Huron Township unless the owner and/or operator hold a valid construction
permit issued by the Michigan Department of Labor and Economic Growth
in accordance with the provisions of Public Act 96 of 1987, as amended,[1] and a copy of said permit is given to the Township.
[1]
Editor's Note: See MCLA § 125.2301 et seq.
(2)
A permit and certificate of occupancy shall be obtained from the
Building Department for each manufactured home connected to the Township
water, sanitary sewer, and electrical, and the placement of the home.
Skirting shall be installed within 30 days after the certificate of
occupancy is issued, weather permitting.
(3)
A permit shall be obtained from the Building Department for construction
of a canopy, awning, sun room, carport, or other accessory or year-round
enclosure detached or attached to a manufactured home.
(4)
Fees for the above-mentioned permits shall be set by the Township
Board.
(5)
Each road access point to a manufactured housing park from a county
or state highway shall have prior written approval of the Wayne County
Department of Public Services having jurisdiction within the Township.
(6)
It shall be the duty of the Building Inspector or assistant to personally
inspect all of the development, construction, or installation of the
facilities in the mobile home park for which a state permit has been
issued. The Township Building Inspector is hereby granted the power
and authority to enter upon the premises of any manufactured housing
park at any reasonable time for the purpose herein set forth and for
the purpose of enforcing any provisions of this chapter.
(7)
It shall be the duty of the owner and operator of each manufactured
housing park to enforce the following regulations:
(a)
The keeping of all domestic pets shall be in compliance with
Township ordinances.
(b)
The operation, maintenance and supervision of the manufactured
housing park shall be by a responsible person who shall be available
at all times in case of emergencies.
(c)
It shall be the duty of each manufactured housing park owner
and operator to report to the Wayne County Health Inspector and Township
Supervisor the existence of any known unsanitary conditions prevailing
within the boundaries of the manufactured housing park.
(d)
It shall be the further duty of the manufactured housing park
owner or operator, in order to safeguard against the hazards of a
fire, to prohibit the parking of any manufactured home or trailer,
not possessing two exits, within any manufactured housing park. One
such exit may be of the emergency type, provided that it is capable
of being easily operated by small children, and provided approval
has been granted by the Township or State Fire Marshal.
(8)
School officials of the affected districts shall be notified of the
proposed development.
B.
Lot and stand conditions.
(1)
The manufactured housing park shall be developed with sites averaging
5,500 square feet per manufactured home unit. The 5,500 square feet
for any one site may be reduced by 20%, provided that the individual
site shall be equal to at least 4,400 square feet. For each square
foot of land gained through the reduction of a site below 5,500 square
feet, at least an equal amount of land shall be dedicated as open
space, but in no case shall the open and distance requirements be
less than that required under Public Act 96 of 1987, as amended.[2]
[2]
Editor's Note: See MCLA § 125.2301 et seq.
(2)
For irregular-shaped manufactured home lots, the access point to
the lot must be of sufficient width to accommodate the required on
site parking and must be at least 20 feet.
(3)
No manufactured home shall be located closer than 50 feet to the
right-of-way of a public thoroughfare, nor closer than 80 feet to
a railroad right-of-way, nor closer than 10 feet to any dedicated
easement or road right-of-way within a manufactured housing park.
(4)
The manufactured home foundation shall be of concrete piers, slabs
or runners to be designed and constructed in conformance with the
standards established in Public Act 96 of 1987, as amended.
(5)
All manufactured homes shall be anchored with only those systems
which are approved by Public Act 96 of 1987, as amended.
(6)
If provided, patios and bases of storage sheds shall be constructed
of four-inch-thick concrete.
C.
Accessory structures and enclosures.
(1)
Storage areas. No storage of any personal property except licensed
operable motor vehicles shall be stored outside or under any manufactured
home. Storage sheds may be utilized for any such storage but need
not be supplied by the owner of the manufactured home development.
(2)
Canopies and awnings may be attached to any manufactured home and
said accessory structures shall conform to all area, height, and placement
regulations applicable to the manufactured home itself, except it
may occupy a portion of the side yard, provided it is located no closer
than 10 feet to another manufactured home.
(3)
Canopies and awnings may be enclosed with screens for summer recreation
or sun room purposes, or they may be enclosed with glass for climatic
reasons, but no enclosure shall be used for permanent living purposes.
(4)
If any permanent living area is added to a manufactured home, such
addition shall conform in every way to the placement regulations of
the principal structure.
(6)
There shall be no storage underneath any manufactured home of any
item except for the hitch and wheels and tires of that manufactured
home, and each manufactured home lot should be maintained in the manner
that it was originally constructed.
D.
Roads, parking and walks.
(1)
Streets shall be provided on the site where necessary to furnish
principal trafficways for convenient access to the manufactured home
site, and other important facilities on the property. The street system
shall provide convenient circulation by means of minor streets and
properly located collector and arterial streets. Closed ends of dead-end
streets shall be provided with a turnaround capability.
(2)
The roads shall be of adequate widths to accommodate the contemplated
traffic load but shall not be less than 21 feet in width.
(3)
Curbing shall be required; provided, however, the Planning Commission
may approve plans without curbs, where such plans show other adequate
means for the control of surface drainage. Protection of the edges
of the pavement and protection to the roadway shoulder shall be provided
to prevent erosion along the shoulder and berm of the roadway.
(5)
Hard-surfaced off-street parking spaces shall be provided on manufactured
home site in sufficient number to meet the needs of the occupants
of the property and their guests, without interference with normal
movement of traffic. Such facilities shall be provided as required
by Public Act 96 of 1987, as amended.
(6)
For the protection of the park residents and the easy passage of
fire apparatus, there shall be no parking on any road in the manufactured
housing park unless they meet the standards established in Public
Act 96 of 1987, as amended.
(7)
The manufactured housing park primary walk system, if provided, including
walks along main drives and secondary streets shall meet requirements
of Public Act 96 of 1987, as amended.
(8)
Recreational vehicle storage. The storage or parking of recreational
vehicles, motor homes, boats, snowmobiles, or other vehicles or items
ordinarily towed, driven or used for a special purpose, if storage
or parking of such is permitted in the manufactured housing park,
shall be in accordance herewith. The storage of the vehicles or items
in the manufactured housing development is specifically prohibited
except in the storage area. The storage area shall be screened by
solid-type fence five feet in height around its perimeter or by some
other similar screening device.
E.
Utilities and trash disposal.
(1)
Fire hydrants of a size and with a pressure approved by the Township
of Huron Fire Department shall be placed along each street within
the manufactured housing park within 10 feet of a roadway and at intervals
not exceeding 500 feet so that no mobile home shall be more than 250
feet from a hydrant.
(2)
Running water from a public or a state-tested and approved water
supply shall be piped to each manufactured home and shall be adequately
protected from frost.
(3)
Plumbing fixtures shall be connected into a public sanitary sewer
or Township-approved facilities.
(5)
Streetlights, sufficient in number and intensity to permit the safe
movement of vehicles and pedestrians at night, shall be in conformance
with Public Act 96 of 1987, as amended.
(6)
Garbage and rubbish shall be disposed of in a manner which creates
neither a nuisance nor a menace to health and shall be approved by
the State Health Department and the Township of Huron. Manufactured
housing parks shall provide for removal of rubbish as required in
Public Act 96 of 1987, as amended.
F.
Recreation and open space.
(1)
The front yard and the side yard adjacent to a public thoroughfare
shall be landscaped and the entire manufacturing housing park shall
be maintained in a clean, presentable condition at all times.
(2)
A greenbelt planting strip not less than 10 feet in width shall be
placed or located along the perimeter of the manufactured housing
park. Such a greenbelt shall be so constructed as not to cause or
constitute a traffic hazard and plantings shall be at least 20 feet
back from an intersection. The requirements for a greenbelt along
the perimeter of a manufactured housing park does not apply when the
abutting land is zoned MHP Manufactured Housing Park District.
(4)
Manufactured home lot line fences, when provided, shall be uniform
in height 36 inches in height and shall be constructed in such a manner
as to provide firemen access to all sides of each manufactured home
and shall be provided with two gates.
(5)
Models may be placed on lots in the manufactured housing park, if
they are installed in accordance with Public Act 96 of 1987, as amended,
and a temporary certificate of occupancy is issued. These models are
to be used primarily for sales in the park and shall not be occupied
as living units. Also, they shall not have any bright or flashing
lights on the units.
A.
No guest shall rent a unit at a motel or hotel for more than 30 consecutive
days within any calendar year.
B.
Each unit shall contain not less than 250 square feet of floor area.
C.
A minimum fifty-foot front yard setback shall be maintained.
D.
Signs may be permitted to be a maximum of 50 feet in height when
adjacent to a freeway.
A.
General standards.
(1)
An outdoor display shall be considered as an accessory use to the
principal use conducted on the premises.
(2)
The exterior of the premises shall be kept clean, orderly and maintained.
(3)
The Township shall not be held liable or responsible for any type
of damage, theft or personal injury that may occur as a result of
an outdoor display.
(4)
In the administration of these provisions, the Zoning Administrator
shall be permitted to refer a request to the Planning Commission for
review and approval where site conditions may create difficulty in
adherence to the standards contained herein.
B.
Standards within CBD District.
(1)
An outdoor display may be located in front of or adjacent to the
establishment. An outdoor display that extends beyond the property
lines of the applicant shall require the permission of the affected
property owners.
(2)
If an outdoor display is located on a public sidewalk, a minimum
of five feet of unobstructed, pedestrian access along the sidewalk
shall be maintained. Sufficient room shall also be provided to allow
car doors to open along the curbside. An outdoor display on a public
sidewalk shall be confined to normal business hours.
C.
Standards within B-1 and B-2 Districts.
(1)
An outdoor display may be located within any required yard but shall
not be located within any public road right-of-way.
(2)
An outdoor display shall not occupy or obstruct the use of any fire
lane, required off-street parking or landscaped area required to meet
the requirements of this Zoning Ordinance.
D.
Building materials, nursery stock and garden supplies.
(1)
Outdoor sales areas shall not be located within the required front
setback, except for sales of living nursery stock. Ornamental displays
associated with the sale of nursery stock shall be permitted; however,
in no case shall the outdoor storage or sale of bulk materials, including
but not limited to topsoil, mulch or gravel, whether packaged or not,
be permitted within the front yard setback.
A.
Active recreation. All active outdoor recreational facilities for
adults or children, including but not limited to paint ball, 3-D archery,
motocross and other similar uses are subject to the following:
(2)
Parking areas shall be provided off the road right-of-way and shall
be enclosed with a four-foot wall, fence, berm and/or evergreen plantings.
(3)
No less than one acre of land are required to accommodate any active
outdoor recreational facility (except motocross) with no less than
a twenty-foot open space along all parcel perimeters. Motocross facilities
shall require no less than five acres, 150 feet of frontage and no
less than 100 feet of open space along all parcel perimeters.
B.
Passive recreation. All passive outdoor recreational facilities for
adults or children, including but not limited to amusement parks,
carnivals miniature golf courses, drive-in theaters and other similar
uses, except public parks, are subject to the following:
(2)
Parking areas shall be provided off the road right-of-way and shall
be enclosed with a four-foot wall, fence, berm and/or evergreen plantings.
(3)
Children's amusement parks must be fenced on all sides with a four-foot
wall or fence.
(4)
Drive-in theaters shall have a solid fence around the site and all
lighting shall be shielded from adjacent parcels.
Outdoor sales of new and used automobiles, boats, mobile homes,
lawn care and construction machinery and other vehicles shall be subject
to the following requirements:
A.
Separation shall be made between the pedestrian sidewalk and vehicular
parking and maneuvering areas with the use of curbs, wheel stops,
greenbelts or traffic islands.
B.
All activities related to vehicle washing, service and repair equipment
shall be entirely enclosed within a building.
C.
Driveways shall be designed to accommodate the type and volume of
vehicular traffic using the site and located in a manner which is
compatible with uses located adjacent to and across from the site.
D.
Inoperative vehicles or discarded or salvaged materials shall not
be stored outside.
E.
Vehicle sales shall not be permitted on the premises of any automobile
service station, automotive wash or automobile or vehicle repair garage.
G.
A landscaped greenbelt measuring a minimum of 10 feet in width shall
be provided. No vehicles or merchandise shall be displayed within
the required greenbelt.
H.
There shall be no broadcast of continuous music and/or announcements
over any loudspeaker or public address system.
I.
The automobile sales agency must be located on a site having frontage
of no less than 150 feet and area of no less than 35,000 square feet.
A.
A pond shall not be created, built, or used until a plan is submitted,
and a permit shall have been obtained from Zoning Administrator and
a permit fee and any inspection fees shall have been paid in an amount
as set by the Township Board of Trustees.
B.
No pond shall be located closer than 20 feet from the side and rear
lot lines, nor closer than 150 feet from the front right-of-way line,
nor closer than 50 feet from the principal structure, nor closer than
100 feet from any septic tank and/or septic field.
C.
Material excavated from the pond site shall be disposed of on the
site with the proper grading to allow no alteration in the runoff
to adjoining lots or parcels.
D.
No pond shall be located closer than 50 feet from any telephone,
electrical or other utility line.
E.
A pond shall be constructed in such a manner that no overflow, spillage,
or seepage shall encroach on adjacent lots or parcels.
F.
The side slopes of the pond shall not be greater than one foot vertical
to four feet horizontal to a water depth of five feet.
G.
The pond shall have a minimum depth of 10 feet in the middle of the
pond.
H.
The plan shall be a scale drawing that must provide sufficient information
and details concerning the following:
(1)
The size and dimensions of the proposed pond including at least one
cross section of the pond.
(2)
The proposed location of the pond and its relationship to all existing
dwellings within 800 feet, existing or proposed building on the subject
parcel, existing septic system and drainfield on the subject parcel
and adjacent parcels, utility lines including gas, electric, telephone
and cable, property line of the subject parcel with verification by
a mortgage survey, and dimensions from all property lines and the
street right-of-way.
(3)
Proposed site grading and finished elevations shall be illustrated
on the site plan in sufficient detail to determine the direction of
stormwater runoff and the drainage system to receive the runoff.
(4)
Material to be excavated shall be used on the subject parcel and
graded to conform to the natural landscape.
I.
Refer to the Building Code for swimming pool regulations.
A.
Class I animals may be maintained in any zoning classification district,
subject to specific restrictions herein.
B.
Class II Animals may be maintained in the AG, RR and R-1 Districts only. While horses and equine type animals are considered Class II, commercial riding stables are regulated under § 530-97 herein.
C.
The following stocking densities are suggested by the Michigan State
University Extension Service. These stocking densities are suggested
without knowing anything about the agricultural management practice
of any individual, adjacent land uses, soils, or agricultural productivity.
For those individuals living on parcels of 10 acres or less in close
proximity to their neighbors, these stocking densities are meant to
be suggestions for good neighbor practices.
|
Suggested Stocking Densities for Class II Animals on Parcels
of 10 Acres or Less in the Agriculture Districts
| |||
|---|---|---|---|
|
Animal
|
Number of Animals
|
Area
(acres)
| |
|
Beef cattle
|
1
|
1.5
| |
|
*Beef cattle with calf
|
1
|
1.5
| |
|
Dairy cow
|
1
|
1.5
| |
|
Pigs
|
1
|
1.5
| |
|
Sheep, goats, alpaca
|
1
|
1.5
| |
|
Llama
|
1
|
1.5
| |
|
Horses/equine type animals
|
1
|
1.5
| |
|
NOTES:
| ||
|
*
|
One beef cattle with calf is considered one animal until the
calf is fully grown.
| |
(1)
There should be adequate fencing, or other restraining devices for
the purpose of maintaining animals within the restricted areas provided
for in this chapter.
(2)
Structures housing Class II animals should be located at least no
nearer than 50 feet to any adjacent lot line. The Michigan Department
of Agriculture Right-to-Farm Program may advise that a greater setback
be met if a voluntary site plan for a manure management plan is filed.
(3)
The refuse and wastes resulting from the maintenance of animals should
be controlled upon the premises in accordance with the Michigan Right
to Farm Act,[1] Generally Accepted Agricultural Practices for Site Selection
and Odor Control for New and Expanding Livestock Production Facilities.
[1]
Editor's Note: See MCLA § 286.471 et seq.
(4)
All feed and other substances and materials on the premises for the
maintenance of animals should be stored in accordance with the Michigan
Right to Farm Act, Generally Accepted Agricultural and Management
Practices for the Care of Farm Animals.
(5)
It is highly recommended that property owners in the AG, RR and R-1
Districts who plan to raise Class II livestock contact the Michigan
Department of Agriculture, Right to Farm Program for advice on how
to write and implement a site plan for manure management. Every property
owner who raises livestock should be aware of their rights and responsibilities
contained in the Michigan Right to Farm Act.
D.
Class III Animals may be maintained in the AG, RR and R-1 Districts
only. The following stocking densities are suggested by the Michigan
State University Extension Service. These stocking densities are suggested
without knowing anything about the agricultural management practice
of any individual, adjacent land uses, soils or agricultural productivity.
For those individuals living on parcels of 10 acres or less in close
proximity to their neighbors, these stocking densities are meant to
be suggestions for good neighbor practices.
|
Suggested Stocking Densities for Class III Animals on
Parcels of 10 Acres or Less in the AG, Agriculture District
| |||
|---|---|---|---|
|
Animal
|
Number of Animals
|
Area
(acres)
| |
|
Geese, ducks, turkeys
|
125
|
1
| |
|
Chickens (broiler hens, layers)
|
250
|
1
| |
|
Rabbits
|
250
|
1
| |
(1)
There should be adequate fencing, or other restraining devices, for
the purpose of maintaining animals within the restricted areas provided
for in this chapter.
(2)
Structures housing Class III animals should be located, at least,
no nearer than 50 feet to any adjacent lot line. The Michigan Department
of Agriculture, Right to Farm Program may advise that a greater set
back be met if a voluntary site plan for a manure management plan
is filed.
(3)
The refuse and wastes resulting from the maintenance of animals should
be controlled upon the premises in accordance with the Michigan Right
to Farm Act, Generally Accepted Agricultural Practices for Site Selection
and Odor Control for New and Expanding Livestock Production Facilities.
(4)
All feed and other substances and materials on the premises for the
maintenance of animals should be stored in accordance with the Michigan
Right to Farm Act, Generally Accepted Agricultural and Management
Practices for the Care of Farm Animals.
(5)
It is highly recommended that property owner's in the AG, RR and
R-1 Districts who plan to keep/raise Class III livestock contact the
Michigan Department of Agriculture, Right to Farm Program for advice
on how to write and implement a site plan for manure management. Every
property owner who raises livestock should be aware of their rights
and responsibilities contained in the Michigan Right to Farm Act.
E.
Regulation of animals in residential districts.
(1)
Class II and Class III animals are not permitted to be maintained
in residential districts with the following exceptions:
[Amended 9-12-2012]
|
Stocking Densities for Class II and III Animals
in Residential Districts
| ||||
|---|---|---|---|---|
|
Class of Animal
|
Animals
|
Number of Animals Permitted
|
Area Required for First Animal
|
Additional Animals1
|
|
Class II
RR and R-1 Districts
|
Beef cattle
|
1
|
1.5 acres for first animal
|
1 acre per additional animal up to a maximum of 10
animals
|
|
Dairy cow
|
1
|
1.5 acres for first animal
|
1 acre per additional animal up to a maximum of 10
animals
| |
|
Pigs
|
1
|
1.5 acres for first animal
|
1 acre per additional animal up to a maximum of 10
animals
| |
|
Sheep, goats, alpaca
|
1
|
1.5 acres for first animal
|
1 acre per additional animal up to a maximum of 10
animals
| |
|
Llama
|
1
|
1.5 acres for first animal
|
1 acre per additional animal up to a maximum of 10
animals
| |
|
Horses/equine type animals
|
1
|
1.5 acres for first animal
|
1 acre per additional animal up to a maximum of 10
animals
| |
|
Class III
RR and R-1 Districts
|
Geese, ducks, turkeys
|
10
|
1.5 acres for first 10 animals
|
4,356 square feet (1/10 acre) for each additional animal
to a maximum of 50 animals
|
|
Geese, ducks, turkeys
|
3
|
Under 1 acre
|
4,356 square feet (1/10 acre) for each additional animal
to a maximum of 50 animals
| |
|
Chickens
(broiler hens, layers)
|
10
|
1.5 acres for first 10 animals
|
4,356 square feet (1/10 acre) for each additional animal
to a maximum of 50 animals
| |
|
Chickens
(broiler hens, layers)
|
3
|
Under 1 acre
|
4,356 square feet (1/10 acre) for each additional animal
to a maximum of 50 animals
| |
|
Rabbits
|
10
|
1.5 acres for first 10 animals
|
4,356 square feet (1/10 acre) for each additional animal
to a maximum of 50 animals
| |
|
Rabbits
|
3
|
Under 1 acre
|
4,356 square feet (1/10 acre) for each additional animal
to a maximum of 50 animals
| |
|
Class III
R-2 and R-3 District
|
Chickens
(broiler hens, layers)*
|
3
|
Not applicable
|
Not applicable
|
|
Rabbits
|
3
|
Not applicable
|
Not applicable
| |
|
NOTES:
| |
|
1
|
Special land use approval is required to exceed the
maximum of 10 Class II animals and 50 Class III animals.
|
|
*
|
Geese, ducks, turkeys and roosters are not permitted
in R-2 and R-3 Zoning Districts.
|
(2)
Keeping
of chickens and rabbits in the R-2 and R-3 Zoning Districts.
[Added 9-12-2012]
(a)
The animals shall be provided with a covered, predator-proof pen
that is thoroughly ventilated, of sufficient size to admit free movement
of the animals, designed to be easily accessed, cleaned and maintained
by the owners and be at least two square feet per animal in size.
All enclosures shall be so constructed or repaired as to prevent rats,
mice, or other rodents from being harbored underneath, within, or
within the walls of the structure.
(b)
No animal pen will be located closer than 40 feet to any residential
structure occupied by someone other than the owner of the animals.
(c)
The animals shall be shut into their pen at night from sunset to
sunrise.
(d)
A person shall not keep animals in any location on the property other
than in the backyard. For purposes of this section, "backyard" means
the portion of a lot enclosed by the property's rear lot line and
the side lot lines to the points where the side lot lines intersect
with an imaginary line established by the rear of the single-family
or two-family structure and extending to the side lot lines.
(e)
The area containing the animals shall be adequately fenced to protect
and contain the animals and to prevent access to the animals by dogs
and other predators.
(f)
Stored feed must be kept in rodent and predator-proof container.
(g)
It is unlawful for the owner, custodian, or keeper of any Class III
animal to permit the animal to be a nuisance to any neighbors, including
but not limited to: noxious odors from the animals or their enclosure;
and noise loud and persistent and habitual by nature. The Zoning Administrator
will determine whether or not a nuisance exists on a case-by-case
basis.
(3)
As a part of the special land use review process, the Planning Commission
may choose to impose any reasonable conditions, including conditions
on the following items:
F.
Conformance to law. In reference to the above provisions, the following
may apply: all federal, state and local laws and regulations to include,
but not limited to the Michigan Right to Farm Act,[2] all adopted Generally Accepted Agricultural Management
Practices, and all Michigan Department of Agriculture rules and regulations.
All violations of the Michigan Right to Farm Act are investigated
by and can be reported to the Michigan Department of Agriculture.
[2]
Editor's Note: See MCLA § 286.471 et seq.
A.
A minimum lot area shall be provided of not less than 10 acres, with
a minimum lot width of not less than 500 feet.
B.
A commercial stable shall provide an area of not less than two acres for each horse stabled and used as a part of such commercial stable use, but shall not be less than Subsection A above.
C.
All buildings, corrals, and runways for housing or keeping of such
animals shall not be less than 150 feet from any adjacent property
line; provided, however, such yard space may be used for pasture in
connection with a riding stable.
D.
All yard space used for pasture or riding areas shall be fenced with
woven wire or other approved fence material except barbed wire, which
shall not be acceptable as sole fence material, and said fence shall
not be less than five feet in height. Such fence shall be maintained
in good condition.
E.
Any permit after being issued for such uses shall terminate immediately
when the lot area requirements herein set forth are decreased in any
manner.
Because roadside stands and markets are seasonal in character
and utilized on a temporary basis, roadside markets that sell produce
that has been purchased for resale shall be permitted by the Zoning
Administrator subject to the following requirements:
A.
The sale of products shall not take place in the dedicated right-of-way
of any thoroughfare within the Township, and assurances shall be made
to the Township that off-street parking and adequate ingress and egress
has been provided.
B.
Upon discontinuance of the temporary use, any temporary structures
shall be removed from the roadside.
C.
All requirements of a temporary permit shall be met.
A.
A portion of an owner-occupied, single-family dwelling unit or accessory
building.
B.
The portion of the owner-occupied, single-family dwelling or accessory
building used as a rooming or boarding house shall not exceed a total
of 1,000 square feet in area, with or without separate kitchen facilities
for not more than six individuals other than family, for an extended
period of time, for compensation.
A.
The area of the storage yard shall not exceed 1/2 the area of the
building utilized for dismantling.
B.
The storage yard shall be completely enclosed with a wall, fence,
berm, landscaping or combination thereof at least six feet high, and
must obscure all items stored and/or outside machinery (cranes and
wreckers).
C.
Nothing shall be stored within four feet of the fence.
D.
An office sales outlet area which can be entered from the outside
shall be provided, and include a sales area free of normal parts storage.
Storage may be located behind a service counter. This office may be
of modular construction, but must have a foundation.
E.
Parking shall be provided outside the yard and shall be paved with
cement, asphalt or other permanent surface approved by the Township
Engineer. There shall be at least 10 spaces plus one space for each
employee.
F.
Operating hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Saturday.
G.
Normal sanitary facilities and a lunch room area may be provided
for the employees.
H.
Screening by berm, shrubs, or fencing (walls) shall be provided wherever
nearby property within 1,000 feet would normally look into the storage
yard.
I.
Metal crushers may be operated during regular business hours, but
must meet Township performance standards.
J.
A permanent performance bond or deposit in addition to other bonds,
including but not limited to construction or landscape bonds, equivalent
to the cost of the fencing and $0.10 per square foot of yard space
is required as a performance bond since this type of operation could
become a nuisance (yearly evidence of the bond shall be evidenced
to the clerk).
K.
All dismantling operations will be done within a totally enclosed
building. Individual parts may be removed from vehicles in the front,
side or rear yard.
L.
There shall be no incineration of refuse.
M.
There can be no parking, storage or standing of inoperative vehicles
in the front yard.
N.
Storage of vehicles shall be on inflated tires, supports, or stands
and not set on the ground.
O.
Vehicular storage shall be in neat, organized rows with accessible
aisles, and vehicles shall be uniformly perpendicular or parallel
with access aisles.
P.
Vehicles shall be stored no more than one level high unless in racks,
and no higher than the screening fence.
Q.
If screening slats are used in a chain-link fence, they must be wooden
rather than metal.
R.
Any other specific requirements to assure the requested usage will
not produce a detrimental effect on the surrounding area and the Township
as a whole may be required.
S.
Utility information shall detail the method of stormwater retention
or detention, and information shall be provided to indicate the retention
of liquids that may seep onto the ground.
The sale of seasonal items, including but not limited to Christmas
trees, flowers and plants, pumpkins and other such seasonal items,
and the sale of any other merchandise by persons other than the owner
or occupant of the premises, shall require a permit from the Zoning
Administrator, subject to the following standards and conditions:
A.
Transient or seasonal sales may be located within any required yard, provided a ten-foot landscaped greenbelt meeting the requirements of § 530-117 is provided between any outdoor display and any public road right-of-way. Where outdoor displays abut residentially zoned property, landscape screening in accordance with § 530-117 shall also be provided.
C.
All such sales shall be conducted in a manner so as not to create
a nuisance to neighboring properties through adequate on-site parking
and ingress and egress to the site.
D.
Upon discontinuance of the seasonal use, any temporary structures
shall be removed.
E.
Signs shall conform to the provisions of the district in which the
seasonal use is located.
A.
Requirements and conditions. Self-storage facilities shall be subject
to the following requirements and conditions of this section:[1]
(1)
No activity other than the rental of storage units and the rental
of outside storage space for operable and licensed recreational vehicles,
boats and watercraft shall be allowed. No commercial, wholesale, retail,
industrial or other business use on, or operated from, the facility
shall be allowed.
(2)
Only the sale of incidental supplies and similar material related
to the self-storage business shall be allowed from the facilities
office.
(3)
The storage of any toxic, explosive, corrosive, flammable or
hazardous material is prohibited inside the storage units. Fuel stored
in motor vehicle tanks of cars, boats or other motorized devices may
be subject to separate regulation by the proprietor.
(4)
All batteries shall be disconnected from motor vehicles, boats,
lawn mowers or similar property to be stored inside a storage unit.
(5)
Other than the storage of recreational vehicles, boats and watercraft, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with § 530-117, Landscaping and screening.
(6)
The exterior design of the storage units is subject to Planning
Commission review and approval, and must be compatible with adjacent
properties and the rural character of Huron Township. When a building
is adjacent to a zoning district that permits a residential use, or
the adjacent property is currently in residential use, the Planning
Commission may consider the use of a building material that is aesthetically
compatible.
(7)
All storage units must be accessible by safe circular drives
clearly marked to distinguish direction (if one-way) and separate
from parking lanes. Parking lanes a minimum of 10 feet wide shall
be provided for loading and unloading adjacent to all storage units.
A combination parking lane-driveways must meet the following minimum
standards:
(8)
A residence for a caretaker or watchman is permissible and is
subject to reasonable conditions that may be imposed by the Planning
Commission as well as the following:
(a)
The caretaker or watchman's residence must have at least the
minimum square footage of living space to meet the Zoning Ordinance's
requirements for a single-family residence, not including the office
space for the self-storage facility.
(b)
Exterior design of the caretaker or watchman's residence is
subject to the review and approval of the Planning Commission.
(c)
The caretaker or watchman's residence is subject to all area
and setback requirements of the district that it is located in.
(d)
The maximum height of the caretaker or watchman's residence
shall be 35 feet or 2.5 stories.
(9)
Parking requirements. One space for every 150 self-storage units
with a minimum of three spaces to be provided adjacent to the office.
(10)
Direct ingress and egress shall be from a paved public road.
B.
Waiver. Where the Planning Commission determines that compliance
with all of the above standards are unreasonable, the standards shall
be applied to the maximum extent possible. In such a situation, the
Planning Commission may accept suitable alternatives that substantially
achieve the purpose of this section, provided that the applicant demonstrates
that one of the following apply:
A.
A sidewalk cafe service operated by a restaurant or other food establishment
that sells food for immediate consumption may be permitted in the
CBD Central Business District and the PDA Pinnacle Development Area
District, subject to the following conditions:[1]
(1)
An outdoor cafe shall be allowed only during normal operating
hours of the establishment.
(2)
If a sidewalk cafe is located on a public sidewalk, a minimum
of five feet of unobstructed pedestrian access along the sidewalk
shall be maintained.
(3)
All food preparation shall be inside the establishment.
(4)
If alcoholic beverages are to be served, the current Liquor
Control Commission Rules and Regulations must be abided.
(5)
No music, intercom or other noise shall be permitted that impacts
adjacent properties.
(6)
Appropriate screening and/or fencing shall be provided as determined
to be necessary and advisable by the Planning Commission in the course
of its site plan review process.
(7)
Cafe service areas shall comply with all regulations and provisions
required for the establishment/building.
(8)
The exterior of the premises, including the sidewalks, shall
be kept clean, orderly and maintained or the permit may be revoked.
All food preparation shall be inside of the premises.
(9)
The Township shall not be held liable or responsible for any
type of damage, theft or personal injury that may occur as a result
of a sidewalk cafe operation.
B.
Seasonal outdoor dining. Seasonal outdoor dining operated by a restaurant
or other food establishment that sells food for immediate consumption
may be permitted as an accessory use within the B-1 Local Business
District and B-2 General Business District, subject to the following
conditions:
(1)
A seasonal outdoor dining area may be allowed only during normal
operating hours of the establishment.
(2)
No such dining area shall be located within the public sidewalk
and/or road right-of-way.
(3)
All food preparation shall be inside the establishment.
(4)
If alcoholic beverages are to be served, the current Liquor
Control Commission Rules and Regulations must be abided.
(5)
No music, intercom, or other noise shall be permitted that impacts
adjacent properties.
(6)
When located adjacent to a residentially zoned and/or used parcel,
the outdoor dining area shall be screened as determined to be necessary
by the Zoning Administrator.
(7)
The exterior of the premises shall be kept clean, orderly, and
maintained or the permit may be revoked.
A.
The physical plant structure, pens, stockyard or cages shall in no
instance be closer than 2,000 feet to any adjacent residential district.
B.
A minimum six-foot-high chain-link fence shall be provided around
the entire site to assure that individuals will not unknowingly trespass
on the property, particularly the stockyard area.
C.
The site shall have at least one continuous boundary 500 feet in
length along a major thoroughfare of at least 120 feet in right-of-way
as indicated on the current Master Right-of-Way Plan of the Wayne
County Department of Public Services.
A.
The facility shall be 1,000 feet from the perimeter of the parcel.
B.
Sludge processing and similar resource recovery operations shall
not include hazardous materials.
D.
Any residue resulting from the operation shall be removed from the
site or disposed of in an approved disposal site.
E.
Any stocks shall meet the height requirements of the U.S. Environmental
Protection Agency guidelines for Good Engineering Practice (EPA 450/2-78
046).
F.
A market analysis report indicating the economic feasibility of the
proposed use shall be submitted.
G.
A site operational plan describing the methodology of transfer of
material from vehicles to the operation, methods of mitigating spills
and accidents, staffing expectations, hours of operation, and methods
for closing and removal of the buildings, structures, and facilities
should the operation cease for a period exceeding six months.
H.
There shall be no unlicensed or nonmanifested carriers on the site
at any time.
I.
All facilities for any rail tank cars or other rail container cars
shall be provided with storage facilities under the storage rails
to assure that any spillage shall be contained until removal to the
approved storage area. Said storage shall be at least 1 1/2 times
the volume of the amount to be stored.
J.
Security methods including fencing for the operation shall be submitted
with the required site plan.
K.
Fire and explosive hazard control shall be outlined and submitted
with the required site plan.
L.
Methods of controlling and avoiding any spillage of liquids or materials
into the storm sewer system or off the property shall be outlined
for all operational areas, including access.
[Added 2-8-2023 by Ord. No. 23-02]
A.
Purpose The purpose of this section is to provide regulation for
the following permitted types of solar energy systems.
(1)
Personal-scale solar energy systems (ground-mounted and building-mounted):
permitted within all zoning districts in the Township of Huron as
accessory structures or uses under the conditions that they are located
within a rear or side yard, comply with all applicable setback requirements,
and are intended to be solely used for private purposes rather than
commercial resale.
(2)
Large-scale solar energy systems (ground-mounted): permitted
within the (I-2) Heavy Industrial District as a special land use.
B.
General standards for all solar energy systems.
(1)
All solar energy systems must be compliant with all Township
ordinances and other applicable regulations.
(2)
All solar energy systems shall be installed, maintained, and
used only in accordance with the manufacturer's directions. Upon
request, a copy of such directions shall be submitted to the Township
Building Official prior to installation. The Building Official may
inspect the completed installation to verify compliance with the manufacturer's
directions.
(3)
All solar energy systems, whether ground-mounted or building-mounted,
shall be permanently and safely attached to whatever surface it is
mounted to.
(4)
No building-mounted solar energy system shall exceed the dimensional
height permitted in the zoning district in which it is located. No
ground-mounted solar energy system shall exceed the height of the
principal structure or 14 feet in height, whichever is less. Height
is to be measured from the average grade at the base of the pole to
the highest edge of the system. The Planning Commission may increase
the maximum height requirements at their discretion dependent upon
location and other factors.
(5)
All solar energy systems are to be neutral in color to minimize
reflectance onto surrounding properties and streets.
(6)
The following items shall apply to all solar energy systems;
however, additional flexibility or stricter regulations may be placed
upon the solar energy system dependent upon the site's location
within the Township and the land uses of adjacent parcels per the
discretion of the Planning Commission.
(a)
Electrical fencing is not permitted, unless also housing livestock
or similar animals.
(b)
Personal-scale solar energy systems are to be screened so that
any mechanical equipment used as part of the solar energy system may
not be seen from other residentially zoned properties.
(c)
The perimeter of all sites containing large-scale solar energy
systems shall be screened and buffered per the direction of the Planning
Commission.
C.
Additional standards for large-scale solar energy systems. Large-scale solar energy systems where the primary use of the land is to generate electric energy or other energy by converting sunlight for the sale, delivery or consumption of the generated energy with a capacity greater than one megawatt (MW) shall require site plan review, the receipt of a special land use permit, and fulfill the following standards supplemental to those established in Subsection B.
(1)
A large-scale solar energy system may be located on one or more
parcels with an aggregate area of 10 acres or greater.
(2)
Setbacks. A minimum setback distance of 100 feet from all exterior
property lines of the large-scale solar energy system and existing
public roads and railroad rights-of-way shall be required for all
buildings and solar arrays, provided that a setback of 250 feet shall
be required adjacent to any residential structure.
(3)
FAA approval, if necessary.
(4)
Design and operation of all large-scale solar energy systems
must be compliant with all applicable provisions of local, state,
and federal laws and regulations.
(5)
All large-scale solar energy systems shall be subject to § 530-116, which delineates glare and exterior lighting standards. Lighting on sites housing a large-scale solar energy system shall be located, designed, and maintained to prevent the reflection and glare of light that would otherwise create a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses, and to promote dark skies in keeping with the rural character of the Township.
(6)
The Township shall have the right, at any reasonable time, to
provide same-day notice to the applicant to inspect the premises on
which any large-scale solar energy system is located.
(7)
The Planning Commission may require a study as to the amount
of electrical interference that might arise and an assessment of the
environmental impact (animals, plant life and otherwise) as the electromagnetic
field created by the panels may interfere with wireless communications
and the focus of intensity of sunlight onto the panels may affect
surrounding wildlife.
(8)
Noise. No component of any large-scale solar energy system shall
emit noise exceeding 65 dBA measured at the exterior property boundary
or the existing ROW line.
(9)
The owner or operator of a large-scale solar energy system shall
maintain a current insurance policy with a bond rating acceptable
to the Township to cover installation and operation. The amount of
the policy shall be established as a condition of special land use
approval.
(10)
The owner or operator of a large-scale solar energy system shall
provide a groundwater management plan consisting of regular sampling
and analysis.
(11)
Screening/security: A large-scale solar energy system shall
be completely enclosed by perimeter security fencing to restrict unauthorized
access. Such fencing shall be six feet in height with a one-foot extension
arm consisting of a minimum of three strands of barbed wire placed
above the fencing and slanting outward as measured from the natural
grade of the fencing perimeter. Electric fencing is not permitted.
The perimeter of large-scale solar energy systems shall also be screened
and buffered by installed evergreen or native vegetative plantings
whenever existing natural vegetation does not otherwise reasonably
obscure the large-scale solar energy system from adjacent residential
structures, subject to the following requirements:
(a)
The evergreen or native vegetative buffer shall be composed of native
or evergreen trees that at planting shall be a minimum of four feet
in height and shrubs two feet in height. The evergreen trees shall
be spaced no more than 15 feet apart on center (from the central trunk
of one plant to the central trunk of the next plant), native trees
shall be placed no more than 30 feet apart on center and shrubs shall
be spaced no more than seven feet apart on center. All unhealthy (60%
dead or greater) and dead material shall be replaced by the applicant
within one year, or the next appropriate planting period, whichever
occurs first.
(b)
All plant materials shall be installed between March 15 and
November 15. If the applicant requests a final certificate of occupancy
from the Township and the applicant is unable to plant during the
installation period, the applicant will provide the Township with
a letter of credit, surety or corporate guarantee for an amount equal
to 1.5 times the cost of any planting deficiencies that the Township
shall hold until the next planting season. After all plantings have
occurred, the Township shall return the financial guarantee.
(c)
Failure to install or continuously maintain the required vegetative
buffer shall constitute a violation of this section and any special
land use permit may be subject to revocation.
(12)
Abandonment and decommissioning.
(a)
Abandonment. Any large-scale solar energy system that ceases
to produce energy on a continuous basis for 12 months will be considered
abandoned. It is the duty of the responsible party or parties to remove
all equipment and facilities and completely restore the parcel to
its original condition prior to the installation of the solar facility.
[1]
Upon determination of abandonment, the Zoning Administrator
shall notify the party or parties responsible that they must remove
the large-scale solar energy system and restore the site to its condition
prior to the development of the facility within six months of notice
by the Planning Commission or its designee. If the responsible party
or parties fail to comply, the landowner is then responsible for removal
of the facility.
[2]
If the facility is not removed and the land restored
to its prior condition within the six-month time period, the Township
or its designee may remove the solar facility, sell any removed materials,
and initiate judicial proceedings or take any other steps legally
authorized against the responsible parties to recover costs required
to remove the solar facility and restore the site to a nonhazardous
predevelopment condition.
(b)
Decommissioning. Following the operational life of the project,
the applicant shall perform decommissioning and removal of the large-scale
solar energy system in its entirety. Prior to the issuance of the
necessary permit, a decommissioning plan containing the following
items must be submitted.
[1]
Anticipated project life;
[2]
Estimated costs of decommissioning in current dollars;
[3]
Method(s) of ensuring funds are to be available
for the decommissioning of the project, including, but not limited
to, activities for the removal of structures, roads, fencing, foundations,
etc. These funds shall be in the form of a bond, letter of credit
or other form approved by the Township.
[4]
Anticipated manner in which the project will be
decommissioned, and the site restored.
D.
Application procedures and approvals. Special land use and site plan
approvals or permits under this section shall be valid for two years
and, if requested by the applicant prior to that expiration date,
shall automatically be extended for an additional one-year period.
(1)
Approval required. Except where noted in this Section, it shall
be unlawful to construct, erect, install, or alter any large-scale
solar energy system within Huron Township unless a special land use
permit has been obtained pursuant to this section.
(2)
Site plan drawing and supporting materials. All applications
for large-scale solar energy systems must be accompanied by detailed
site plans drawn to scale and dimensioned and certified by a registered
engineer licensed in the State of Michigan. Site plans shall display
the following information:
(b)
Physical features and land uses of the project area, both before
and after construction of the proposed project;
(c)
Locations of all above- and below-ground drainage systems, including,
but not limited to, farm tiles, county drains, wetlands, and road
ditches;
(d)
Proposed setbacks from the solar array(s) to all existing and
proposed structures within the large-scale solar energy system;
(e)
Plan(s) showing the location of the proposed large-scale solar
energy system, underground and overhead wiring (including the depth
of underground wiring), new drainage facilities (if any), access drives
(including width), substations and accessory structures on-site and
within 100 feet of all exterior property lines;
(f)
Land elevations for the solar array(s) to all existing and proposed
structures within the large-scale solar energy system at a minimum
of five-foot contours;
(g)
Access driveways within and to the large-scale solar energy
system accompanied with a detailed narrative regarding dimensions,
composition, and maintenance of each proposed driveway. All access
drives shall be subject to Wayne County approval and shall be planned
to minimize the use of lands for that purpose;
(h)
Anticipated construction schedule;
(i)
Description of operations, including anticipated regular and
unscheduled maintenance, types of maintenance to be performed, and
decommissioning and removal procedures;
(j)
A complete description of proposed technologies, including type
of solar panel and system, fixed-mounted versus tracking, number of
panels and angles of orientation;
(k)
Proof of all necessary agreements and approvals by all applicable
agencies including Wayne County;
(l)
Additional detail(s) and information as required by the special
land use requirements of the Huron Township Zoning Ordinance;
(m)
Additional information as required by the Planning Commission,
including, but not limited to, planned security measures, screening,
lighting, description of routes to be used by construction and delivery
vehicles, etc.
(3)
Conditions and modifications. Any conditions and/or changes
approved by the Planning Commission shall be recorded in the Planning
Commission's meeting minutes. The Planning Commission may, in
addition to other reasonable conditions, require additional environmental
studies, walls, fences, and other improvements that are reasonable
in relation to and consistent with the nature of the applicable or
adjacent zoning districts. After approval, at least two copies of
the final approved site plan shall be signed and dated by the Chairman
of the Planning Commission and authorized representative of the applicant.
One copy shall be kept on file by the Township Clerk, and one copy
shall be returned to the applicant's authorized representative.
(4)
Escrow. An escrow account shall be set up when the applicant
applies for a special land use permit for a large-scale solar energy
system. The monetary amount filed by the applicant with the Township
shall be in accordance with the fee schedule set by the Township Board.
These funds are used to cover all reasonable costs and expenses associated
with the special land use permit and site plan review and approval
process, which costs can include, but are not limited to, fees of
the Township Attorney, Township Planner, and Township Engineer, as
well as any reports or studies which the Township anticipates it may
have done related to the zoning review process for the particular
application. At any point during the zoning review process, the Township
may require that the applicant place additional monies into escrow
with the Township should the existing escrow amount filed by the applicant
prove insufficient. If the escrow account needs replenishing and the
applicant refuses to do so within 14 days after receiving notice,
the zoning review and approval process shall cease until and unless
the applicant makes the required escrow deposit. Any escrow amounts
which are in excess of actual costs shall be returned to the applicant.
(5)
Complaints, administration and enforcement. Any complaints by a resident or property owner in the Township regarding any violations of this section shall be filed with the Township Zoning Administrator or his/her designee. Any and all violations of this section are subject to the penalties set forth in § 530-17. Method(s) of ensuring funds are to be available for the decommissioning of the project, including, but not limited to, activities for the removal of structures, roads, fencing, foundations, etc. Funds for any and all enforcement shall be provided and in the form of a bond, letter of credit or other form approved by the Township.
A.
The purpose of this section is to ensure the safety and general welfare
of the public, it being necessary to limit the number, size and place
of various transient and temporary amusement enterprises, including
but not limited to carnivals, fairs, circuses, outdoor socials, benefits
and other fund-raising affairs.
B.
The Township Board may permit transient and temporary amusements
to be set up in any district.
C.
Transient and temporary amusement establishments may be permitted:
(1)
When engaged in by schools, churches, fraternal societies, and
similar nonprofit organizations as an accessory use for the sole purpose
of raising money for the financial support of such institutions in
pursuit of their natural functions.
(2)
When such use and occupancy is temporary and/or seasonal only.
(3)
When such use and occupancy is not detrimental to adjacent surrounding
property.
(4)
When such use and occupancy is not disturbing to the public
peace and tranquility.
(5)
When such use and occupancy will not create undue traffic hazard
and congestion.
D.
Permits for such uses may be granted for periods not to exceed eight
days consecutively, and may be renewable for not more than eight days.
A.
Each specific camp site shall be identified by a number, shall be
graded so that surface water will run off and not pond, shall be of
sufficient size to allow for the parking of the recreational vehicle
or recreational trailer and motor vehicle used for towing, with a
separate space for picnic table and privacy between sites. Sites may
be pull-through type or back-in type with space for motor vehicle
located in front or at the side of the recreational vehicle.
B.
The minimum size for travel trailer parks and campgrounds shall be
20 acres.
A.
For small animals, including but not limited to dogs and cats and
other Class I animals:
(1)
All activities must take place inside of a building.
B.
C.
Front, side and rear setbacks for veterinary hospitals or clinics
serving Class II or Class III animals are as follows:
A.
In the following circumstances, a proposal to establish a new wireless communication facility shall be deemed a principal permitted use, subject to site plan and the conditions set forth in Subsection C below, and if approved, constructed and maintained in accordance with the standards and conditions of this section.
(1)
Attached wireless communication facilities within all SP, B-1,
B-2, I-1 and I-2 Districts only, where the existing structure is not,
in the determination of the Planning Commission, proposed to be either
materially altered or materially changed in appearance.
(2)
Co-location of an attached wireless communication facility which
has been preapproved for such co-location as part of an earlier approval
by the Planning Commission.
(3)
Attached wireless communication facilities consisting of a utility
pole located within a public right-of-way, where the existing pole
is not proposed to be modified in a manner which, in the determination
of the Planning Commission, would materially alter the structure and/or
result in an impairment of sight lines or other safety interests.
(4)
Monopole wireless communication support structures in all SP,
B-2, B-2, I-1 and I-2 Districts only.
(5)
All wireless communication support structures established within
a public right-of-way having an existing width of more than 204 feet.
(6)
All wireless communication facilities which are located, attached
or sited on property which is owned, leased, or controlled by the
Huron Charter Township.
B.
If it is demonstrated to the satisfaction of the Planning Commission by an applicant that a wireless communication facility may not reasonably be established as principal permitted use under Subsection A above and is required to be established outside of a district identified in Subsection A in order to operate a wireless communication service, then wireless communication facilities may be permitted elsewhere in the Township by special land use approval only subject to the requirements set forth in Subsection C, and subject further to the special land use approval procedures of § 530-11 and if approved, constructed and maintained in accordance with the standards and conditions of this section, and also subject to the following criteria and standards:
(1)
At the time of the submittal, the applicant shall demonstrate
that a location within an allowable district cannot reasonably meet
the coverage and/or capacity needs of the applicant.
(2)
Wireless communication facilities shall be of a design, including but not limited to a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood, and general area, as approved by the Planning Commission, and shall comply with the co-location requirements of Subsection C(14).
(3)
In AG Districts, site locations shall be permitted on a priority
basis upon the following sites, subject to application of all other
standards contained with this section:
C.
General requirements. All applications for wireless communication
facilities shall be reviewed, in accordance with the following standards
and conditions, and if approved, shall be constructed and maintained
in accordance with such standards and conditions. In addition, if
a facility is approved, it shall be constructed and maintained with
any additional conditions imposed by the Planning Commission at its
discretion.
(1)
All applications for the required permit to place construct
or modify any part or component of a wireless communication facility
shall include the following:
(a)
A site plan prepared in accordance with § 530-12 showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.
(b)
A disclosure of what is proposed, demonstrating the need for
the proposed wireless communication support structure to be located
as proposed based upon the presence of one or more of the following
factors:
[1]
Proximity to an interstate highway or major thoroughfare.
[2]
Areas of population concentration.
[3]
Concentration of commercial, industrial and/or other business
centers.
[4]
Areas where signal interference has occurred due to buildings,
masses of trees or other obstructions.
[5]
Topography of the proposed facility location in relation to
other facilities within which the proposed facility is to operate.
[6]
Other specifically identified reason(s) creating need for the
facility.
(c)
The reason or purpose for the placement, construction or modification
with specific reference to the provider's coverage, capacity and/or
quality needs goals and objectives.
(d)
The existing form of technology being used and any changes proposed
to that technology.
(e)
As applicable, the planned or proposed and existing service
area of the facility and the attached wireless communication facility,
and wireless communication support structure height and type, and
signal power expressed in ERP upon which the service area has been
planned.
(f)
The nature and extent of the applicant/provider's ownership
or lease interest in the property, building or structure upon which
facilities are proposed for placement, construction or modification.
(g)
The identity and address of all owners and other persons with
a real property interest in the property, building or structure upon
which facilities are proposed for placement, construction or modification.
(h)
A map showing existing and known proposed wireless communication
facilities within Huron Township, and further showing existing and
known proposed wireless communication facilities within areas surrounding
the borders of the Township in the location, and in the area, which
are relevant in terms of potential co-location or in demonstrating
the need for the proposed facility. The map shall also show existing
buildings and/or other structures of the same approximate height within
a one-half-mile radius of the proposed site which could accommodate
a feasible co-location of the applicant's proposed attached wireless
communication facility.
(i)
If and to the extent the information in question is on file
with the Township, the applicant shall be required only to update
as needed. Any such information which is trade secret and/or other
confidential commercial information which, if released would result
in commercial disadvantage to the applicant, may be submitted with
a request for confidentiality in connection with the development of
governmental policy. This chapter shall serve as the promise to maintain
confidentiality to the extent permitted by law. The request for confidentiality
must be prominently stated in order to bring it to the attention of
the Township.
(j)
For each location identified in the applicant/provider's survey
maps and drawings, the application shall include the following information,
if known, with the applicant/provider expected to exercise reasonable
due diligence in attempting to obtain information through lawful means
prior to application:
[1]
The structural capacity and whether it can accommodate the applicant's
facility, as proposed or modified.
[2]
Whether property owner approvals exist or have been requested
and obtained.
[3]
Whether the location could be used by the applicant/provider
for placement of its attached wireless communication facility, or
if not, a disclosure of the technological considerations involved,
with specific reference to how use of the location would prohibit
the applicant/provider from providing wireless communication services.
(k)
A certification by a State of Michigan licensed and registered
professional engineer regarding the manner in which the proposed structure
will fall. The certification will be utilized, along with other criteria,
including but not limited to applicable regulations for the district
in question, in determining appropriate setbacks to be required for
the structure and other facilities.
(l)
A description of the security to be posted at the time of receiving a building permit for the wireless telecommunication support structure to ensure removal of the structure when it has been abandoned or is no longer needed as provided in Subsection C(20). The security shall, at the election of the applicant, be in the form of cash, surety bond, letter of credit, or an agreement in a form approved by the Township Attorney and recordable at the office of the Wayne County Register of Deeds, a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for payment of any costs and attorney's fees incurred by the Township in securing approval.
(m)
The site plan shall include a landscape plan where the wireless
communication support structure is being placed at a location which
is not otherwise part of another site plan with landscaping requirements.
The purpose of landscaping is to provide screening for the wireless
communication support structure base, accessory buildings and enclosures.
In all cases there shall be fencing of at least six feet in height,
which is required for the protection of the tower.
(n)
Evidence of site plan approval from the Federal Aviation Administration,
if required due to a site's proximity to the Detroit Metropolitan
Wayne County Airport, or evidence that such approval is not required.
(o)
The name, address and telephone number of the person to contact
for engineering, maintenance and other notice purposes. This information
shall be continuously updated during all times the facility is on
the premises.
(2)
The wireless communication support structure shall not be injurious
to the neighborhood or otherwise detrimental to the public safety
and welfare. The wireless communication support structure shall be
located and designed to be harmonious with the surrounding areas,
and to be aesthetically and architecturally compatible with the natural
environment, as well as the environment as altered by development.
(3)
The maximum height of all new or modified attached wireless
communication facilities and wireless communication support structures
shall be 175 feet, or such lower maximum heights as approved and/or
allowed by the Federal Aviation Administration under 14 CFR Part 77.
The accessory building contemplated to enclose such things as switching
equipment shall be limited to the maximum height for accessory structures
within the respective district.
(4)
The setback of a monopole wireless communication support structure
from any lot line shall be in accordance with the required setbacks
for main or principal buildings as provided in the schedule of regulations
for the zoning district in which the monopole is located. The setback
of all other wireless communication support structures from any lot
line shall be no less than the height of the structure, unless it
can be demonstrated and certified by a registered professional engineer,
to the satisfaction of the Township Engineer, that the wireless communication
support structure has a shorter fall-zone distance.
(5)
Where the wireless communication support structure abuts a parcel of land zoned for other than residential purposes, the minimum setback of the wireless communication support structure and accessory structures shall be in accordance with the required setbacks for the main or principal buildings as provided in the schedule of regulations for the zoning district in which the wireless communication support structure is located. See Subsection C(1)(j).
(6)
There shall be an unobstructed access to the wireless communication
support structure for operation, maintenance, repair and inspection
purposes, which may be provided through an easement. This access shall
have a width and location determined by such factors as the location
of adjacent thoroughfares and traffic circulation within the site;
utilities needed to service the wireless communication support structure
and any attendant facilities; the location of buildings and parking
facilities; proximity to residential districts and minimizing disturbances
to the natural landscape; and the type of equipment which will need
to access the site.
(7)
The division of property for the purposes of locating a wireless
communication support structure is prohibited unless all zoning requirements
and conditions are met.
(8)
The Zoning Board of Appeals may grant variances only for:
(9)
Where a wireless communication facility is proposed on the roof
of a building, if the equipment enclosure is proposed as a roof appliance
or penthouse on the building, it shall be designed, constructed and
maintained to be architecturally compatible with the principal building.
The equipment enclosure may be located within the principal building
or may be an accessory building, provided that an accessory building
conforms to all district requirements for accessory buildings, including
yard setbacks and building height.
(10)
The Planning Commission shall, with respect to the color of
the wireless communication support structure and all accessory buildings,
review and approve so as to minimize distraction, reduce visibility,
maximize aesthetic appearance, and ensure compatibility with surroundings.
It shall be the responsibility of the applicant to maintain the wireless
communication facility in a neat and orderly condition.
(11)
Wireless communication support structures shall be constructed
in accordance with all applicable building codes and shall include
the submission of a professional soils report from a geotechnical
engineer licensed in the State of Michigan. This soils report shall
include soil borings and statements confirming the suitability of
soil conditions for the proposed use. The requirements of the Federal
Aviation Administration, Federal Communication Commission, and Michigan
Aeronautics Commission shall be noted.
(12)
A maintenance plan, and any applicable maintenance agreement,
shall be presented as part of the site plan for the proposed facility.
Such plan shall be designed to ensure the long-term, continuous maintenance
to a reasonably prudent standard.
(13)
If a provider fails or refuses to permit co-location on a facility
owned or otherwise controlled by it, where co-location is feasible,
the result will be that a new and unnecessary additional structure
will be compelled, in direct violation of and in direct contradiction
to the basic policy, intent and purpose of Huron Township. The provisions
of this subsection are designed by carry out and encourage conformity
with the policy of the Township.
(14)
Any proposed commercial wireless communication support structures
shall be designed, structurally, electrically and in all respects,
to accommodate both the applicant's attached wireless communication
facility and comparable attached wireless communication facilities
for additional users. Wireless communication support structures must
be designed to allow for future rearrangement of attached wireless
communication facilities upon the wireless communication support structure
and to accept attached wireless communication facilities mounted at
varying heights.
(15)
A proposal for a new wireless communication support structure
shall not be approved unless and until it can be documented by the
applicant that the communications equipment planned for the proposed
wireless communication support structure cannot be feasibly co-located
and accommodated on an existing or approved wireless communication
support structure or other existing structure due to one or more of
the following reasons:
(a)
The planned equipment would exceed the structural capacity of
the existing or approved wireless communication support structure
or building, as documented by a qualified and licensed professional
engineer, and the existing or approved wireless communication support
structure cannot be reinforced, modified or replaced to accommodate
planned or equivalent equipment.
(b)
The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the wireless
communication support structure or other existing structure as documented
by a qualified and licensed professional engineer and the interference
cannot be prevented by any other means.
(c)
Existing or approved wireless communication support structures
and buildings within the search radius cannot accommodate the planned
equipment at a height necessary for the coverage area and capacity
needs to reasonably function as documented by a qualified and licensed
professional engineer.
(d)
Other unforeseen reasons that make it infeasible to locate the
planned communications equipment upon an existing wireless communication
support structure or building.
(16)
Co-location shall be deemed to be "feasible" for the purposes
of this section where all of the following are met:
(a)
The wireless communication provider entity under consideration
for co-location will undertake to pay market rent or other market
compensation for co-location.
(b)
The site on which co-location is being considered, taking into
consideration reasonable modification or replacement of a facility,
is able to provide structural support.
(c)
The co-location being considered is technologically reasonable,
e.g., the co-location will not result in unreasonable interference,
given appropriate physical and other adjustments in relation to the
structure, antennae, and the like.
(d)
The height of the structure necessary for co-location will not
be increased beyond a point deemed to be permissible by the Township,
taking into consideration the several standards contained within this
subsection.
(17)
If a party who owns or otherwise controls a wireless telecommunication
support structure shall fail or refuse to alter a structure so as
to accommodate a proposed and otherwise feasible co-location, such
facility shall thereupon and thereafter be deemed to be a nonconforming
structure and use, and shall not be altered, expanded or extended
in any respect.
(18)
If a party who owns or otherwise controls a wireless telecommunication
facility shall fail or refuse to permit a feasible co-location, and
this requires the construction and/or use of a new wireless communication
support structure, the party failing or refusing to permit a feasible
co-location shall be deemed to be in direct violation and contradiction
of the policy, intent and purpose of this section of the Zoning Ordinance
and, consequently, such party shall take responsibility for the violation
and be subject to any and all penalties applicable to a violation
of the Zoning Ordinance, and shall also be prohibited from receiving
approval for a new wireless communication support structure with Huron
Township for a period of five years from the date of the failure or
refusal to permit the co-location. Such a party may seek and obtain
a variance from the Zoning Board of Appeals if and to the limited
extent the applicant demonstrates entitlement to variance relief which,
in this context, shall mean a demonstration that enforcement of the
five-year prohibition would unreasonably discriminate among providers
of functionally equivalent wireless communication services, or that
such enforcement would have the effect of prohibiting the provision
of personal wireless communication service.
(19)
Review of an application for co-location, and review of an application for a permit for use of a facility permitted under Subsection A(2), above, shall be expedited by Huron Township.
(20)
When a wireless communications facility has not been used for
180 days or more, or six months after new technology is available
which permits the operation of a wireless communication facility without
the requirement of a wireless communication support structure, the
entire wireless communications facility, or that portion of the wireless
communications facility made obsolete by the new technology, shall
be removed by the users and/or owners of the wireless communications
facility. For the purposes of this section, the removal of antennas
or other equipment from the facility, or the cessation of operations
(transmission and/or reception of radio signals) shall be considered
as the beginning of a period of nonuse. The situation(s) in which
removal of a wireless communications facility is required may be applied
and limited to a portion of the facility.
D.
Upon the occurrence of one or more of the events requiring removal,
the property owner or persons who had used the wireless communications
facility shall immediately apply for and secure the application for
any required demolition or removal permits, and immediately proceed
with and complete the demolition/removal, restoring the condition
which existed prior to the construction of the wireless communications
facility.
E.
If the required removal of the wireless communications facility or
a portion thereof has not been lawfully completed within 60 days of
the applicable deadline, and after at least 30 days' written notice,
the Township may remove or secure the removal of the facility, or
required portions thereof, with its actual costs and reasonable administrative
charges to be drawn or collected and/or enforced from or under the
security posted at the time application was made for establishing
the wireless communications facility.
F.
Wireless communication facilities shall comply with applicable federal
and state standards relative to the environmental effects of radio
frequency emissions.
Uses located within the Pinnacle Development Area (PDA) District
are subject to the following development procedures and regulations,
and shall be applicable to all uses within the district.
A.
Review procedures. All developments within the PDA District shall
consist of no less than 10 net acres:
(1)
Preliminary. As part of the preliminary PDA plan review phase,
the applicant shall submit a conceptual site layout and development
agreement for input from the Planning Commission prior to Township
Board consideration. The Planning Commission shall schedule a public
hearing to consider the preliminary plan submittal, which shall include
the following information:
(a)
Evidence of ownership; location and description of site; dimensions
and area;
(b)
General topography and natural features;
(c)
Scale, North arrow, date of plan;
(d)
Existing zoning and land use of the site and adjacent parcels;
location of existing building, drives and streets on the site and
adjacent parcels;
(e)
Location, type and land area of each proposed land use;
(f)
Estimated location, size and uses of open space;
(g)
General form of ownership and maintenance;
(h)
General landscape concept, including existing features to be
maintained;
(i)
General description of existing and proposed utilities;
(j)
Conceptual site plan with road layout, parking, and interior
circulation;
(k)
Development phases, if applicable; and
(l)
Development agreement and conceptual elevations which denotes
the range of lot area, building height, lot coverage, and placement
(i.e., setbacks) requirements; regulations for external and internal
circulation; building massing, materials (color, type and texture),
and roof type; parking/loading regulations (location, quantity, materials,
size, screening); signage standards; open space/community amenities;
lighting standards, etc.
(2)
Final. Following conceptual site layout and development agreement review by the Planning Commission, and subsequent approval by the Township Board, a final site plan (by phase or entirety) shall be submitted in accordance with the informational requirements and criteria of § 530-12. Each final plan submittal shall be reviewed by the Planning and Zoning Director, Zoning Administrator, engineering consultant, Water Department, Building Department, and any others deemed necessary. Deviations from the preliminary plan may be subject to Planning Commission and/or Township Board review. Upon approval, the plans shall be effective for 24 months, after which the plans shall be considered null and void.
B.
Area, height, bulk, and placement requirements. Buildings and uses
in the PDA district are subject to the following:
(1)
Front yard. There shall be no less than a thirty-five-foot setback
for Sibley, Vining, and Wahrman Roads, a thirty-foot setback along
Prescott, Pennsylvania, and Wayne Roads, and a twenty-foot setback
along all other roads; however, a lesser building setback may be considered
for noncommercial (i.e., nonretail) uses when no more than two tiers
of parking is provided within the front yard. Additionally, all such
areas shall be densely landscaped with no less than a double staggered
row of evergreens.
(2)
Side yard. The side yard setback shall be determined based upon
the proximity to another building, the associated uses within, and
the mass and scale of the two buildings. However, in no case shall
there be less than 20 feet between buildings in the side yard(s),
unless a non-self-created hardship exists.
(3)
Rear yard. The necessity for a rear yard setback shall be determined
based upon the types of uses contained within, and its proximity to
other rear-facing buildings. However, in no case shall there be less
than 20 feet between buildings in the rear yard(s), unless a non-self-created
hardship exists.
(4)
Residential setback. No less than a fifty-foot setback is required
when located adjacent to a property zoned and/or used for residential
purposes.
(5)
Height regulations. No building or structure shall exceed seven
stories or 100 feet. However, when a building is to be located (as
measured at the property line) within 300 feet of a property zoned
and/or used for residential purposes, it shall be no more than four
stories or 50 feet. Height shall be measured to the top of the parapet
and/or midpoint of a pitched roof (excludes rooftop equipment).
C.
Access. Access to public roads for both pedestrians and vehicles
shall be controlled in the interest of public safety. Each building
or group of buildings and its parking or service area shall be subject
to the following restrictions:
(1)
Rear loading access. All buildings shall be served by a rear
alley or other demonstrated means of rear access for loading and unloading
for warehouse deliveries.
(3)
Cross access. Wherever practical, provisions for circulation
between adjacent parcels shall be provided through coordinated or
joint parking and circulations systems.
(4)
Driveways. Wherever practical, driveways shall be shared to
minimize congestion and potential conflicts on the adjacent public
roads. Additionally, on Sibley Road, curb cuts shall be limited to
no less than 650 feet apart, unless a non-self-created hardship exists.
D.
Open/public space requirement and computation. No less than 20% (50%
of which may be wetlands) of the total land area contained within
the preliminary site plan application (10% per building site) shall
be maintained as open/public space areas. Wetlands and county drains
shall not be used towards compliance with the minimum standards per
building site. However, retention/detention basins may be used towards
compliance with the minimum total open space as well as building site
open space standards. Open space shall be arranged in a manner which
will provide connections to other open space and preservations areas
on the same and/or contiguous sites. Preservation of natural features
shall receive the highest priority in meeting the open space requirement.
Each building site shall also include at least two of the following:
patio/seating area, pedestrian plaza with benches, outdoor recreational
space, kiosk area, water feature, focal feature, or amenity that,
in the judgment of the Township, adequately enhances such community
public spaces. Any such areas shall have direct access to the pedestrian
pathways/sidewalk network and such features shall not be constructed
of materials that are inferior to the principal materials of the building
and landscape. Two adjacent occupants may provide combined open/public
space amenities where the resulting space is more beneficial to the
Township due to size and location.
E.
Parking/loading. All off-street parking areas shall conform to Article X unless a stricter provision is provided below:
(1)
Off-street parking. There shall be no less than a thirty-five-foot
setback along Sibley, Vining, and Wahrman Roads, a thirty-foot parking
lot setback along Prescott, Pennsylvania and Wayne Roads, and a twenty-foot
setback along all other roads; however, a lesser setback may be considered
for noncommercial (i.e., nonretail) uses when no more than two tiers
of parking is provided within the front yard. Interior setbacks shall
be no less than 10 feet unless located adjacent to a residentially
zoned and/or used parcel which requires a thirty-foot setback.
(2)
Loading and unloading. All loading areas shall be located within
rear yard areas.
(3)
Modifications. To minimize the quantity of unnecessary pavement,
the quantity of required off-street parking and loading/unloading
spaces may be reduced and/or banked through a mutual agreement with
the developer/property owner. All such reductions/deviations shall
be detailed in the development agreement.
F.
Pedestrian pathways/sidewalks. Vehicular access and circulation shall
be planned to ensure safe pedestrian movement within the development
area. Pedestrian systems shall provide safe, all-weather surface,
efficient, and aesthetically pleasing means of on-site movement and
shall be an integral part of the overall site design concept. Pedestrian
sidewalk connections to parking areas, buildings, other amenities,
and between on-site and perimeter pedestrian systems shall be planned
and installed wherever practical. All sidewalks and pathways shall
be a minimum of five feet wide, constructed of concrete or similar
material. However, when a pathway is located along a county drain,
it shall be no less than eight feet wide and constructed of a combination
of pervious and impervious materials. A pedestrian sidewalk/pathway
master plan shall be submitted as a part of the preliminary plan and
each shall comply with the above-noted criteria.
G.
Signage. All signs permitted within this district shall be subject to the provisions of Article IX, Signs, unless a different provision is provided below. The intent of this section is to ensure that signs shall be compatible in size, design, appearance, and material, and subject to the following requirements and standards:
(1)
Billboards and roof signs are strictly prohibited.
(2)
No signs shall be attached to exterior glass, nor contain exposed
neon tubing.
(3)
All signs shall be designed to be integral and compatible with
the architecture and landscaping components of the development.
(4)
Conceptual sign designs shall be submitted with the preliminary
plan submittal.
(5)
Wall signs.
(a)
Multi-tenant buildings with a shared entrance may have one wall
sign that measures 1.5 times the total area permitted for a wall sign.
(b)
Multi-tenant buildings with separate entrances may each have
one wall sign per tenant that complies with the sign area permitted
in this subsection.
(c)
Corner tenants may have two signs, one on the face of each facade
facing a public road. The second sign may measure up to 75% of the
area permitted for the principal wall sign.
(d)
The face of each wall sign shall measure no larger than 75 square
feet. However, an additional 25 square feet may be approved by the
Planning Commission when the following criteria are met:
(e)
All walls signs, if illuminated, shall be illuminated in a manner
that is not intermittent, or causes a hazard to others.
(6)
Ground (freestanding) signs.
(a)
Only one ground sign is permitted at each perimeter road entryway,
provided it identifies multiple tenants and/or the name of the development.
A secondary ground sign fronting on an interior road entryway is also
permitted, provided it does not exceed 75% of the permitted perimeter
road signage. The interior road signage shall be located at the driveway
entrance to the building and shall only identify the occupants of
the building.
(b)
All ground signs shall be set back a minimum of 10 feet from
the public right-of-way and public utility easements, 10 feet from
the edge of the pavement of any driveway and 10 feet from the public
sidewalk.
(c)
No ground sign shall be within 100 feet of another ground sign.
(d)
All ground signs, if illuminated, shall be illuminated in a
manner that is not intermittent or causes a hazard to others.
(e)
All ground signs shall be no taller than 10 feet above grade.
(f)
No ground sign message area shall exceed 80 square feet per
side (excludes sign structure).
(g)
The base of all signs shall be of equal length as the sign surface
area and constructed of a masonry material.
H.
Lighting. All lighting shall conform to the requirements of § 530-116 in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details, unless a contradictory provision exists below.
(1)
All streetlighting shall be installed in accordance with Township
standards.
(2)
Architectural lighting, which is strongly recommended, shall
articulate the particular building design, as well as provide the
required functional lighting for safety of pedestrian movement.
(3)
Pedestrian walk lighting shall clearly identify the pedestrian
walkway and direction of travel.
(4)
No light poles shall exceed 25 feet from grade. However, in
all cases the lights shall be a consistent height throughout the development
area.
I.
Landscaping/greenbelts/buffers/screening elements. All landscape features of the site shall conform to the requirements detailed in § 530-117 in order to ensure that the image of the Township is promoted by the organization, unification, and character of the district. However, the following shall also apply:
(1)
Where a thirty-five-foot parking lot setback is required, a landscaped 4:1 sloped berm shall be located within the setback, and landscaped in accordance with § 530-117D.
(2)
Where a thirty-foot parking lot setback is required, a landscaped 3:1 sloped berm shall be located within the setback and landscaped in accordance with § 530-117D.
(3)
Where a twenty-foot parking lot setback is required, there is no requirement for a berm, but the setback area shall be landscaped in accordance with § 530-117D.
(4)
Where deemed necessary by the Planning Commission, a decorative
wall/fence (brick, wrought iron, etc.) may be used in place of, or
in combination with, the above noted berm and landscaping requirements.
J.
General site design/architectural guidelines for nonresidential uses.
It is the intent of the district to provide an environment of high
quality and complementary building architecture and site design. Special
emphasis shall be placed upon methods that tend to reduce the large-scale
visual impact of buildings, to encourage tasteful, imaginative design
for individual buildings, and to create a complex of buildings compatible
with the streetscape.
(1)
Miscellaneous design criteria.
(a)
Building entries shall be readily identifiable and accessible,
with at least one main entrance facing and open directly onto a connecting
walkway with pedestrian frontage.
(b)
Architecture will be evaluated based upon its compatibility
and relationships to the landscape, and vice versa.
(c)
LEED certified projects are strongly encouraged.
(2)
Building massing and form.
(a)
Commercial (i.e., retail) buildings:
[1]
Architectural interest shall be provided with repetitious patterns
of color, texture, and material modules, at least one of which shall
repeat horizontally. Each module should repeat at intervals of no
more than 50 feet.
[2]
Building facades greater than 100 feet in length shall incorporate
recesses, projections, or spandrel windows along at least 20% of the
length.
[3]
Windows, awnings, and arcades must total at least 60% of a facade
length abutting a public street or connecting pedestrian frontage.
The scale of each shall be compatible with that of the building height
and length.
[4]
Primary building entrances shall be clearly defined and recessed
or framed by a sheltering element such as an awning, arcade, or portico
in order to provide shelter from the summer sun and winter weather.
(b)
Industrial and office buildings:
[1]
Architectural interest shall be provided with repetitious patterns
of color, texture, and material modules that continue around the entire
building perimeter. Each horizontal module should repeat at intervals
of no more than 50 feet, while vertical modules shall repeat at intervals
of no more than 100 feet.
[2]
Building facades greater than 100 feet in length shall incorporate
recesses or projections along at least 20% of the length of the front
facade.
[3]
Windows of a scale comparable to the structure's height and
length shall be provided at each entryway.
(3)
Materials.
(a)
Low maintenance shall be a major consideration.
(b)
Materials shall blend with those existing on adjacent properties
within the district.
(c)
One dominant material shall be selected, with a preference towards
masonry, brick, and stone.
(d)
Preengineered metal buildings, corrugated metal siding, and
other similar materials are prohibited. The use of EFIS/dryvit is
only permitted when located no less than 10 feet above grade.
(4)
Building roofs.
(a)
In instances where roof vents, roof-mounted mechanical equipment,
pipes, etc., can be viewed from above, they shall be grouped together
(if feasible), painted to match roof color to reduce their appearance.
(b)
In instances where flat roof areas can be viewed from below,
all roof vents, roof-mounted mechanical equipment, pipes, etc., shall
be screened from view.
(c)
Where practical for commercial (i.e., retail) uses, there shall
be variations in roof lines to reduce the massive scale of the structure
and add visual interest.
(d)
Green roof systems are strongly encouraged.
(5)
Color and texture.
K.
Loading docks, outdoor storage, and refuse collection areas.
(1)
Loading docks and refuse collection areas are prohibited within
the front yard and shall not be visible from the front yard.
(2)
No outside storage shall be permitted within the front yard
and visible from the public road right-of-way. All such areas shall
be screened with a decorative masonry wall that complements the building
materials of the principal structure.
(3)
Refuse collection area screening materials shall be comparable
to those of the principal structure. Three sides shall be a masonry
product while the fourth shall be a lockable gate, each being no less
than six feet tall, or one foot taller than the dumpster/trash compactor.
Where feasible, these areas shall be incorporated into the principal
walls of the structure.
(4)
Loading docks and refuse collection areas shall not be visible
from adjacent residentially zoned and/or used parcels.
L.
Screening of exterior mechanical/electrical equipment and transformers.
(1)
Transformers that may be visible from the public road shall
be screened with a durable noncombustible enclosure that is compatible
with the overall architectural theme. Where feasible, the screen walls
shall be incorporated into the principal walls of the structure.
(2)
Exterior-mounted electrical equipment shall be located where
it is substantially screened form public view. Such equipment shall
never be located on the street side or primary exposure side of any
building. Screening shall be a combination of either plantings or
a durable noncombustible enclosure. The preference is for a wall that
is integrated into the principal walls of the structure.
M.
Utilities and communication devices.
(1)
All exterior on-site utilities, including but not limited to
drainage systems, sewers, gas lines, water lines, and electrical,
telephone, and communications wires and equipment, shall be installed
and maintained underground whenever possible.
(2)
On-site underground utilities shall be designed and installed
to minimize disruption of off-site utilities, paving, and landscape
during construction and maintenance, and shall comply with the Township's
engineering standards.
(3)
The entire development shall be constructed to provide a wireless
Internet system.
N.
Cross-parcel coordination. The intent of the PDA District is to provide
a continuous development pattern that flows between uses and developments.
Therefore, a developer shall show proof that an attempt has been made
to coordinate all elements of a development with existing adjacent
developments and property owners to ensure a coordinated development
pattern within the area.
