A.
Various land uses and activities possess unique characteristics which,
under certain conditions, require special limitations and controls
to insure compatibility with adjacent land uses, with the natural
environment, and with existing and projected capacities of public
services and facilities affected by such uses or activities.
B.
Such land uses, if provided for in this chapter, are special land
uses, subject to review and approval by the Planning Commission after
public notice and public hearing. In granting any such approval, the
Planning Commission may impose reasonable terms and conditions in
order to assure that public services and facilities will be capable
of accommodating increased service and facilities requirements, to
protect the natural environment and conserve natural resources, and
to promote the use of land in a socially and economically desirable
manner.
C.
Only the special land uses specifically stated in this chapter are
eligible for consideration and approval. This article includes provisions
for applications for special land uses; required procedures; standards
for approval of special land uses; and particular standards and requirements
for specific special land uses which are available if included in
the zone district articles or in other provisions of this chapter.
An applicant for a special land use shall proceed as follows:
A.
An application, on a form provided by the Township, shall be completed
by the applicant and submitted to the Zoning Administrator.
B.
The fee established for an application for a special land use shall
be paid at the time of the filing of the application. The applicant
shall also deposit the required sum into an escrow account with the
Township for use in reimbursing the Township for its expenses in the
consideration of the matter, as specified in the Township's zoning
escrow account procedures.
C.
A site plan and the required number of copies covering the special land use shall be submitted with the application. The site plan shall comply with all of the required contents of a site plan as stated in § 450-22.06A, except items waived under § 450-22.06B.
A.
When an application and site plan are received for an available special
land use, the Zoning Administrator shall determine whether the application
and the site plan are complete. If either is incomplete, the Administrator
shall return both to the applicant for correction or completion. Complete
applications and site plans shall be forwarded by the Zoning Administrator
to the Planning Commission for public hearing.
B.
Notice of a Planning Commission public hearing on a proposed special land use shall be published and mailed in accordance with Article 32 of this chapter.
C.
A special land use shall comply with all of the minimum requirements
provided in this chapter and in other applicable Township ordinances
for the special land use.
D.
In considering a special land use, the Planning Commission may require
the submission of additional reports, studies or information, including
an environmental impact assessment, traffic impact study, stormwater
drainage plan and other plans or studies, bearing upon the operation
and effects of the special land use.
E.
In its review of the application and the site plan, the Planning
Commission may submit the same for review and comment by the Township's
professional consultants.
F.
Following the public hearing, the Planning Commission shall approve the special land use, deny the use or approve the use with conditions, subject to Subsection G of this section. If the special land use is denied, the Planning Commission shall specify the grounds for denial in a resolution or in the minutes of the public hearing.
G.
In the case of a special land use that is subject to final approval
by the Township Board, the Planning Commission shall, after public
hearing, make a recommendation to the Board as to whether the special
land use shall or shall not be approved or, if approved, upon what
terms. Following such recommendation, the application, the site plan,
the minutes of the Planning Commission hearing and other relevant
information and materials on the matter shall be forwarded to the
Township Board for consideration and decision.
The Planning Commission shall approve a special land use only
if all of the following standards are satisfied, in addition to any
specific requirements stated in this chapter for the special land
use:
A.
The use is designed and constructed, and will be operated and maintained,
so as to be harmonious and appropriate in appearance with the existing
or intended character of the general vicinity, will be compatible
with adjacent uses of land, and will not change the essential character
of the area in which it is proposed.
B.
The use is, or will be as a result of the special land use permit,
served adequately by public services and facilities, including, but
not limited to, streets, police and fire protection, drainage structures,
refuse disposal, water and sewer facilities and schools.
C.
The use does not involve activities, processes, materials and equipment
or conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of traffic, noise, smoke,
fumes, glare or odors.
D.
The use will be compatible with the natural environment and will
be designed to encourage conservation of natural resources and energy.
E.
The site plan proposed for the use demonstrates compliance with the
special land use specific design standards and all other applicable
requirements of this chapter.
F.
The special land use must be consistent with the intent and purposes
of this chapter and the Master Plan.
In approving a special land use, the Planning Commission may
impose terms and conditions in order to achieve the following:
A.
To ensure public services and facilities affected by the proposed
use or activity will be capable of accommodating increased service
and facility loads necessitated by the proposed use.
B.
To ensure that the use is compatible with adjacent land uses and
activities.
C.
To protect natural resources, the health, safety, and welfare and
the social and economic well-being of those who will use the land
use or activity under consideration, residents and landowners immediately
adjacent to the proposed land use or activity, and the community as
a whole.
D.
To relate to the valid exercise of the police power and purposes
which are affected by the proposed use or activity.
E.
To meet the intent and purpose of this chapter, be related to the
standards established in this chapter for the land use or activity
under consideration, and be necessary to insure compliance with those
standards.
A.
Approval of a special land use shall be effective for a period of
one year, but such effectiveness shall continue so long as the development
and construction of the special land use commences within such period
of one year and is diligently pursued to completion and operation
thereafter.
B.
Upon written application by the applicant, the Planning Commission
may extend the one-year term of the special land use by an additional
period of up to one year upon a finding that there have been no changed
relevant conditions in the area or with respect to the use which would
require reconsideration of the special land use. An application for
an extension of the initial one-year period shall be submitted by
the applicant, in writing, prior to the expiration of the initial
one-year period; provided, however, that in the case of an untimely
application for such an extension, the Planning Commission shall nevertheless
have the option to consider, or not consider, the extension upon a
finding that extenuating circumstances or unforeseen events have prompted
the untimeliness and, further, that land use conditions in the area
of the special land use have not changed to such extent that the use
should be reconsidered under the same procedures that applied for
original consideration.
A.
An applicant may apply for an amendment in an approved special land
use by submitting a complete application form, a site plan depicting
the special land use and the requested amendment, together with payment
of the applicable application fee and zoning escrow deposit.
B.
The procedures whereby the Planning Commission may consider and approve
an amendment shall be the same as those specified for original approval
of a special land use, including public notice of and public hearing
by the Planning Commission.
C.
In considering any such amendment, the Planning Commission may review
the existing special land use, and all operational and other aspects
thereof, in order to determine whether the special land use, as amended,
may properly be approved. In approving a proposed amendment, the Planning
Commission may include terms and conditions.
A.
A violation of any of the terms and conditions of a special land
use shall be a violation of this chapter, and all penalties specified
herein for the violation of this chapter shall apply; the Township
shall also have such other enforcement remedies permitted by law.
B.
The Township may also take such other lawful action as may be necessary
to prevent or moderate the violation, including revocation of all
or part of the special land use. A decision to revoke a special land
use or any part thereof shall be made by the Planning Commission at
a public meeting. Prior to any Planning Commission consideration and
decision as to revocation, the Zoning Administrator shall notify the
applicant of the violation, in writing, and that, unless corrected,
the special land use or a stated component thereof shall be subject
to revocation. Such notice of violation shall be mailed to the applicant
at least 15 days prior to any consideration of revocation by the Planning
Commission.
The following sections of this article include standards and requirements for specific special land uses which must be satisfied in addition to compliance with the general special land use standards stated in § 450-23.04.
A.
An adult foster care small group home is a state-licensed foster
care facility for the supervision and care of not more than 12 adults.
C.
The small group home shall not include, or be state-licensed for,
the residence, care or treatment of persons who have been released
from a correctional institution or who are serving a term of probation
after being convicted of the commission of a crime involving violence,
illegal sale or use of a controlled substance or criminal sexual conduct.
D.
The small group home shall not be located within a 1,500-foot radius
of any other adult foster care home or any adult day-care facility,
measured from property lines, except that this provision shall not
apply to another adult foster care small group home that has been
approved as a special land use under the terms of this section.
E.
The small group home shall not commence operation until proof of
the issuance of the applicable state license has been submitted to
the Zoning Administrator.
F.
Residential services, supervision, care and other services permitted
under the terms of the state license shall be provided only to the
residents of the small group home.
G.
Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless
otherwise approved by the Planning Commission based upon a finding
under particular circumstances of no negative impact on neighboring
properties or the surrounding area.
H.
Parking shall conform to the parking regulations applicable in the
district in which the facility is located. The facility shall have
no less than one parking space for each owner/operator and one parking
space for every two persons being served (based on approved capacity).
I.
The facility shall be subject to the approval of the Township Fire
Chief and subject to all State and County Health Department requirements.
J.
All refuse collection facilities shall be screened from view by adequate
fencing.
A.
The creation of additional private airfields accommodating more than
two airplanes on a more or less permanent basis is hereby deemed to
be contrary to the sound development of the Township and the safety
of its residents.
B.
Existing private airfields may expand on the same property, provided
the Planning Commission finds that such expansion will not adversely
affect existing or future development of the area.
C.
Private airfields or landing strips accessory to a permitted agricultural
use on the same property are permitted if the Planning Commission
finds that:
(1)
Such use will not adversely affect existing or future development
of the district.
(2)
The takeoff and landing pattern within 1,000 feet of the end
of the runway does not pass over an occupied structure.
(3)
Not more than two airplanes, one of which is owned by the owner
of the premises, use the landing strip.
(4)
The landing strip is at least 200 feet from any property line.
(5)
The safety of the citizens of the Township is not adversely
affected.
(6)
The owner agrees, in writing, to move, relocate or abandon the
landing strip if any of the above provisions cannot be met in the
future.
(7)
The landing strip conforms to all Federal Aviation Administration
rules and regulations.
A.
A bed-and-breakfast establishment shall be located only in a detached
single-family dwelling which has at least 1,500 square feet of usable
floor area. For each guest room in excess of two, an additional 100
square feet of floor area shall be required.
B.
The bed-and-breakfast shall be the principal residence of the owner,
who shall reside there when the bed-and-breakfast is in operation.
If the owner is not in residence in the dwelling unit for 14 consecutive
days or more, the bed-and-breakfast shall be closed until the owner
returns.
C.
The bed-and-breakfast shall have no more than five guest rooms, plus
a common area for use by all guests.
D.
One sign, not exceeding four square feet, shall be allowed for identification
purposes only. Sign lighting shall be indirect and shielded from view
off site. Internally lighted signs are not permitted.
E.
Meals may be served only to the operator's family and overnight guests
of the establishment.
F.
Cooking facilities in bed-and-breakfast guest rooms are prohibited.
G.
Off-street parking shall be provided in addition to that required
for single-family dwellings at the rate of one vehicle parking space
per sleeping room and shall be located so as to minimize negative
impacts on adjacent and nearby lands.
H.
Exterior refuse storage facilities shall be screened from view on
all sides by a six-foot solid decorative fence or wall or by other
screening approved by the Planning Commission.
I.
The maximum stay for any guest of a bed-and-breakfast shall be 10
consecutive days, not to exceed a total of 30 days in any twelve-month
period. A guest register accurately showing the names of the guests
and the dates and duration of their stays shall be maintained by the
owner and made available to the Township for inspection upon request.
J.
Bed-and-breakfast establishments shall be located only in buildings
that are used and have been used as detached single-family dwellings.
No dwelling or other building shall be constructed or enlarged for
the purpose of having or operating a bed-and-breakfast establishment.
A building shall have been in use as a detached single-family dwelling
for at least five years prior to the issuance of any special land
use for the operation of a bed-and-breakfast establishment within
the building.
K.
In addition to the site plan required by this chapter, a floor plan
of the dwelling unit and the use of each room shall also be submitted
with the special land use application.
B.
In accordance with its state license, a child-care center shall receive
one or more preschool or school-aged children for care for periods
of less than 24 hours a day.
C.
Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless
otherwise approved by the Planning Commission based upon a finding
under particular circumstances of no negative impact on neighboring
properties or the surrounding area.
D.
Parking shall conform to the parking regulations applicable in the
district in which the facility is located. The facility shall have
no less than one parking space for each owner/operator and one parking
space for every two persons being served (based on approved capacity).
E.
The facility shall be subject to the approval of the Township Fire
Chief and subject to all State and County Health Department requirements.
F.
In its approval of the child-care center, the Planning Commission
may require the establishment and use of an outdoor play area of at
least a specified size. The outdoor play area shall be completely
enclosed by a chain-link or solid fence of at least four feet in height.
If it is located adjacent to a residential use, it shall be screened
by vegetation having a height when planted of at least five feet.
G.
All refuse collection facilities shall be screened from view by adequate
fencing.
A.
A child day-care home is also known as a "group child-care home"
under the terms of the Child Care Organizations Act, Act 116 of 1973,
as amended.[1] The day -care home shall be state-licensed under the terms
of the Act. The owner and operator of the day-care home shall comply
with all applicable provisions of the Act.
[1]
Editor's Note: See MCL 722.111 et seq.
B.
Under the terms of its state license, the child day-care home may
provide care and supervision for more than six but not more than 12
minor children for periods of less than 24 hours a day, except children
related to an adult member of the family living in the home. A child
day-care home shall be located only in a private single-family detached
dwelling.
C.
Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless
otherwise approved by the Planning Commission based upon a finding
under particular circumstances of no negative impact on neighboring
properties or the surrounding area.
D.
Parking shall conform to the parking regulations applicable in the
district in which the facility is located.
E.
The facility shall be subject to the approval of the Township Fire
Chief and subject to all State and County Health Department requirements.
F.
In its approval of the child day-care home, the Planning Commission
may require the establishment and use of an outdoor play area of at
least a specified size. The outdoor play area shall be completely
enclosed by a chain-link or solid fence of at least four feet in height.
If it is located adjacent to a residential use, it shall be screened
by vegetation having a height when planted of at least five feet.
G.
All refuse collection facilities shall be screened from view by adequate
fencing.
A.
A church or other place of worship shall be located on a lot of at
least three acres in area.
B.
In considering the proposed special land use, the Planning Commission
shall consider the size, setbacks and other characteristics of the
church building; the amount of off-street parking to be provided;
any potential traffic congestion that may result from the church use;
and any adverse effects of the church and its use on adjacent properties
and the surrounding area.
C.
Safe, convenient and paved access drives and vehicle circulation
lanes within the site shall be provided.
D.
If located in a residential district, the principal building shall
be set back at least 100 feet from the street right-of-way line, or
the building shall have such lesser setback as may be permitted in
the terms of the special land use. If the use is located in a nonresidential
district, the applicable minimum required principal building setbacks
of the district shall apply.
E.
A spire or steeple may exceed the building height limitation that
would otherwise apply, if permitted in the terms of the special land
use.
F.
Parking lots shall be reasonably screened if located adjacent to
residential lands.
G.
Playgrounds, athletic grounds or similar recreational areas may be
permitted on the site, if approved within the terms of the special
land use.
H.
A child-care center may be operated in the church building or other
permitted principal building, if approved as a part of the special
land use, subject to compliance with the following requirements:
(1)
Appropriate fencing, child dropoff and pickup areas, outdoor
play areas, and other design elements and operational characteristics
for the safety of the children attending the facility shall be provided.
(2)
If the child-care center is required to be state-licensed, the
applicant shall obtain and comply with the applicable license, and
a copy thereof and of any renewal shall be promptly furnished to the
Zoning Administrator. If the facility is required to be state-licensed
under the terms of the Child Care Organizations Act,[1] it shall also comply with the requirements for the child-care center special land use stated in § 450-23.14 of this article.
[1]
Editor's Note: See MCL 722.111 et seq.
A.
Nature of composting materials.
(1)
The operation shall not involve the processing, storage or on-site
handling of general household refuse material and shall be limited
to the processing of source-separated yard waste and agricultural
by-products, including but not limited to the following: leaves, grass
clippings, brush, garden waste, tree trimmings, plant prunings, and
similar woody waste or other vegetative by-products.
(2)
The on-site processing of mixed refuse consisting of paper,
textiles, and other organic material classified as mixed municipal
solid waste shall be permitted only if the site in question has been
identified and included in the Kent County Solid Waste Management
Plan. Prior to the commencement of operations involving mixed municipal
solid waste, the facility shall be approved and licensed by the State
of Michigan as a solid waste processing facility as defined by Public
Act 641 of 1978, as amended.[1]
[1]
Editor's Note: Public Act 641 of 1978 was repealed by P.A.
451 of 1994, effective 3-30-1995. See now MCL 324.11501 et seq.
B.
Site development requirements.
(1)
To ensure maximum flexibility for operating areas, material
isolation, and buffering, the site shall consist of a minimum of 20
acres.
(2)
The site shall have direct access to a paved county primary
road or state highway and all access shall be limited to that road.
(3)
All windrows, material screening areas and material staging
areas used to temporarily stockpile material prior to placement in
windrows shall be located a minimum of 150 feet from property lines
and a minimum of 1,000 feet from any residential dwelling or any residential
lot within a platted subdivision or site condominium.
(4)
Material handling, staging and processing areas shall be located
in consideration of prevailing winds and situated to provide maximum
isolation and screening from adjacent properties.
(5)
Appropriate site grading and drainage shall be provided. Material
stockpiling and processing areas shall be a minimum of 200 feet from
wetlands, floodplains, or established surface waters. Grading plans
shall illustrate measures proposed to prevent ponding of surface water
and leachate runoff.
(6)
No operations shall be established on property where the prevailing
water table is less than six feet below the natural grade. Soil borings
shall be taken from throughout the property to determine the depth
to water table.
(7)
All primary access drives shall be paved. Internal service drives
shall be graveled to reduce dust conditions.
C.
Additional considerations. In addition to the site plan required by Article 22, a proposed operation and management plan shall be submitted containing the following information:
(1)
Type of organic material to be composted and otherwise processed
on the site.
(2)
Hours of operation and access by the public, if any.
(3)
Types of equipment to be utilized on site.
(4)
Size of windrows and rates of turning.
(5)
Source of water and method of irrigation.
(6)
Security measures such as gates and fences.
(7)
Operation and management techniques to be used to minimize odors.
(8)
Landscaping and buffering plans.
(9)
Measures to be taken in handling sorted material such as plastic
bags and other noncompostable material.
(10)
On-site associated accessory activities.
(11)
Prior to final approval, the applicant shall demonstrate that
all appropriate county and state agency permits have been obtained.
A.
The minimum lot area for a commercial kennel is two acres, plus an
additional 1/3 of an acre for each animal in excess of six.
B.
The minimum lot area for a commercial stable is 10 acres, not including
areas devoted to living quarters or other uses not incidental to the
stable.
C.
Buildings for the housing of animals shall not be located within
300 feet of any property line or street right-of-way.
D.
Areas for riding trails or riding purposes shall be located on the
same premises, unless the owner has written permission to use adjacent
lands for said purpose. Access to riding areas shall not necessitate
the riding or leading of animals upon or across a public road.
E.
The premises shall include storage adequate for the disposal of manure
and refuse, have proper insect control methods and be suitably fenced.
A.
Commercial accessory waterfront uses are limited to the keeping,
rental, launching and use of nonmotorized recreational watercraft
and other recreational buoyant devices (except rafts), but only insofar
as such use is accessory to a permitted principal commercial use located
on a property fronting on a lake in the B-1 and B-2 Districts.
B.
The nonmotorized recreational watercraft and other recreational buoyant
devices that may be kept, launched, rented and used in the special
land use are kayaks, canoes, rowboats, sailboats, paddleboats, paddleboards,
wind surfboards and similar nonmotorized watercraft and other nonmotorized
buoyant devices (except rafts) whereby persons may travel or float
for recreational purposes on a lake.
C.
The maximum number of nonmotorized kayaks, canoes, rowboats, sailboats and paddleboats that shall be docked or moored on or launched from a lakefront property shall not exceed six of such vessels, in any combination, in accordance with § 126-11 of Chapter 126, Boat Launching and Docking, of the Township of Cannon.
D.
The maximum number of paddleboards, wind surfboards and similar flat
buoyant devices (except rafts) that may be kept, launched, rented
and used on or from a lakefront property shall be as determined in
the approval of the special land use.
E.
The placement and use of a raft as an accessory use to a permitted principal commercial use shall not be subject to the special land use, but shall be regulated exclusively by § 126-24 and other applicable provisions of Chapter 126, Boat Launching and Docking. A raft shall be as defined in § 126-7 of Chapter 126, Boat Launching and Docking.
F.
The special land use shall be approved only in accordance with the special land use standards of § 450-23.05 and upon findings based on the following:
(1)
Whether the proposed use would contribute to significant overcrowding
of the lake.
(2)
Whether the proposed use would create a nuisance or impair the
condition or quality of the lake as a natural resource available for
reasonable recreational use.
(3)
Whether the proposed use would otherwise result in or substantially
contribute to adverse or unsafe conditions in or on the lake or adjacent
lands.
G.
The terms of the special land use shall not be inconsistent with applicable provisions of Chapter 126, Boat Launching and Docking, to the extent that such chapter may regulate the commercial accessory use of the nonmotorized watercraft and other buoyant devices as described in this section on and from waterfront lands in the B-1 and B-2 Districts.
A.
Adequate, safe and convenient driveways for the ingress and egress
of construction equipment and other contractor equipment shall be
provided.
B.
The contractor yard shall have such area and such minimum frontage
on a public street as is specified in the special land use.
C.
All storage areas shall comply with the same setback requirements
that are applicable to principal buildings and structures in the zone
district.
D.
Outdoor parking and storage of vehicles and equipment shall be set
back at least 200 feet from any residential zone or residential use;
provided, however, that the Planning Commission may reduce such setback
if the Commission determines that the parking area will be adequately
screened from residential lands with a solid fence or equivalent landscaped
screening.
E.
Adequate landscaping, buffering or other design features shall be
provided to ensure that the use is reasonably compatible with adjacent
and nearby land uses.
F.
In its approval of the special land use, the Planning Commission
may determine the maximum height of construction equipment being stored
out of doors, such as excavation equipment, cranes and the like.
G.
The Planning Commission may include conditions for the purpose of
avoiding adverse effects on other lands, such as fencing of the entire
contractor yard, measures for control of noise, dust and the like
and similar protective provisions.
A.
This special land use includes drive-through facilities for permitted
banks, credit unions, pharmacies, dry cleaners and other retail-related
drive-through facilities, but it does not include drive-through facilities
at restaurants, which are addressed elsewhere in this chapter.
B.
In considering the special land use, the Planning Commission shall
consider the following, among other factors: the proposed location
for the drive-through portion of the use; the size, setbacks and other
features of the building in which the drive-through facility would
be located; the proximity of the drive-through facility and the applicable
driving lane to adjacent lands and uses; and the off-street parking
spaces and areas provided for the business which includes the drive-through
facility.
C.
The entrance to and exit from the drive-through facility shall be
located so as to avoid potential traffic congestion or hazards resulting
from the entrance and exit of motor vehicles to and from the facility.
D.
There shall be adequate stacking space for vehicles on the site,
to avoid motor vehicles being lined up to an extent that will interfere
with other traffic circulation on the site or which may result in
infringement of entry or exit driveways.
A.
The materials, color and design of buildings shall be generally compatible
with the surrounding neighborhood.
B.
Buildings and structures shall comply with the setback requirements
of the district for principal buildings.
C.
Fencing or screening may be required in order to minimize the visual
impact of the facility or improve its compatibility with adjoining
properties.
A.
Adequate off-street parking shall be maintained in a dust-free condition.
B.
The building in which the operation is conducted shall be located
not less than 100 feet from any dwelling on a neighboring property.
C.
The minimum setback for all uses and structures associated with the
operation shall be in accordance with minimum setbacks for the district.
D.
All structures which are temporary in nature shall be removed when
the operation is not active.
E.
No building or display area shall extend into any required yard or
required parking or maneuvering areas for vehicles.
F.
The special land use shall include terms and conditions on the operations
of the farm market.
G.
Any merchandise offered for sale in addition to agricultural produce
shall be limited to items that are accessory to or reasonably related
to the produce being offered for sale.
A.
In considering the special land use, the Planning Commission shall
determine minimum lot area, minimum lot width and minimum building
setbacks for the use.
B.
The hotel or motel shall be located on and shall have direct access
from a major street.
C.
Driveways and parking areas shall have sufficient space to accommodate
vehicles of patrons waiting to check into the hotel or motel or waiting
to depart therefrom.
D.
There shall be sufficient landscaping, buffering and isolation area
from other lands to avoid adverse impacts by reason of view, traffic
noise or other adverse effects.
E.
Driveways and parking areas for delivery and service vehicles may
be required to be separated from driveways and parking areas used
by the public.
F.
In approving the special land use, the Planning Commission shall
determine other required aspects of the use, including public water
and sanitary sewer service, stormwater drainage measures, landscaping,
signage and other aspects of the use.
A.
Only storage uses shall be permitted, except for sales of products
and supplies incidental to the principal use, such as packing materials,
labels, rope, locks, tape or similar items.
B.
The storage of combustible or flammable liquids, combustible fibers
or explosive materials, as defined in the Fire Protection Code, or
toxic materials, is prohibited.
C.
Site access shall be directly from a paved public street.
D.
Individual businesses other than the storage use itself are prohibited.
E.
The minimum separation between self-storage buildings shall be 24
feet.
F.
Internal drive aisles shall be at least 24 feet wide and shall be
clearly marked to indicate the direction of traffic flow.
G.
Adequate parking spaces and loading and unloading spaces shall be
provided.
H.
Storage buildings shall not exceed one story in height. The Planning
Commission may limit the floor area of an individual storage building.
I.
All goods and items shall be stored only in an enclosed building.
J.
Storage unit doors shall not face a public street right-of-way.
K.
In approving the special land use, the Planning Commission may include
terms and conditions for the purpose of avoiding adverse effects of
the use on adjacent or nearby lands.
A.
The site shall be a sufficient area to provide space for the parking
of vehicles at the repair shop, including vehicles being repaired,
those being parked for repair at a future time and the temporary parking
of vehicles for service or departure from the site.
B.
Driveways, service areas and off-street parking areas shall be paved.
They shall be graded and drained so as to properly dispose of all
accumulated surface water.
C.
The number of driveways and the location and width thereof shall
be subject to Planning Commission approval.
D.
The setbacks of buildings, internal driveways and other features
shall be as determined by the Planning Commission.
E.
All motor vehicle repair and related services shall be conducted
only in a fully enclosed building, except for necessary parking of
vehicles out of doors when repair activities are not occurring.
A.
In approving the special land use, the Planning Commission shall
determine minimum lot area, minimum lot width and minimum street frontage.
B.
The Planning Commission shall determine the location and number of
driveways for the use and the width thereof.
C.
All fueling pumps shall be at least 30 feet from any lot line or
street right-of-way and shall be arranged to prevent motor vehicles
waiting to be serviced from encroaching on a sidewalk, street, intersection
or other right-of-way.
D.
Minor vehicle repair work may be permitted if conducted inside a
fully enclosed building, except for incidental services, such as adding
of motor oil, windshield wiper fluid and other fluids or minor additions
or adjustments.
E.
All areas designed for vehicles shall be paved.
F.
If the use adjoins a residentially zoned property, the Planning Commission
may require a six-foot-high solid wall or fence, or substantial landscaped
screening, along the shared property line.
G.
All outside storage areas for trash, auto parts and similar items
shall be located in the rear yard and shall be fully enclosed.
H.
Accessory retail uses in the service station building may be permitted
in accordance with conditions included in the special land use. Adequate
off-street parking for customers of any such accessory retail uses
shall be provided.
A.
All washing activities must be carried on within a building, except
for outdoor temporary drying of vehicles.
B.
Vacuums shall be at least 100 feet from any building on an adjoining
property.
C.
The entrances and exits of the vehicle wash building and areas provided
for the outdoor drying of vehicles shall be arranged to prevent queued
or parked motor vehicles from encroaching on a sidewalk, street, intersection
or other right-of-way.
D.
Adequate vehicle stacking spaces shall be provided for each self-serve
wash stall and for each automatic wash lane.
E.
All off-street parking areas and maneuvering lanes shall be adequately
drained to prevent water from flowing onto adjacent property or street
rights-of-way.
A.
In approving the special land use, the Planning Commission shall
determine minimum parcel area, minimum parcel width, minimum street
frontage and minimum setbacks for buildings, playgrounds and other
elements of the use.
B.
Access driveways shall be a sufficient distance away from intersecting
streets so as to avoid adverse traffic conditions.
C.
There shall be adequate and convenient water supply and sanitary
sewage disposal for the use.
D.
Those portions of the use which may involve public assembly, or which
may have other characteristics which may result in noise or other
adverse impacts, shall be located a sufficient distance away from
other lands, or shall be adequately shielded and buffered, to avoid
the transmission of noise or other adverse impacts onto other lands.
E.
Adequate off-street vehicle parking area shall be provided. The minimum
provisions for all off-street parking areas shall be determined by
the Planning Commission in its approval of the special land use.
F.
Any accessory commercial uses shall be limited to those necessary
to serve only the persons making use of the park, playground or similar
facility.
G.
All sanitary facilities shall be designed and constructed in compliance
with Kent County Health Department regulations.
H.
Adequate trash receptacles shall be provided throughout the site.
I.
Operating hours shall be as determined by the Planning Commission,
based on the nature of the use and the potential for the use to result
in adverse effects on adjacent lands and uses.
A.
The minimum lot area shall be as determined by the Planning Commission,
but in any case, it shall not be less than two acres.
B.
The Planning Commission shall determine minimum lot width, minimum
street frontage and the number, location and width of access driveways.
D.
No part of any building may be closer than 100 feet to an adjacent
lot line, except that the Planning Commission may reduce this setback
requirement to not less than 25 feet if it finds that such reduction
in the setback will not be injurious to the use or enjoyment of nearby
properties; will not result in traffic or other safety hazards; and
will not materially impair the intent and purpose of this chapter
or the public's interest.
E.
Each building must provide the equivalent of 250 square feet of floor
area for each tenant or occupant, exclusive of basement or attic space,
whether or not such spaces are in a finished condition.
F.
If the use is required to be state-licensed, any such license shall
be maintained in full force and effect and all of its terms and conditions
shall be fully complied with; a copy of the license and each instrument
of renewal thereof shall be promptly furnished to the Township Zoning
Office.
G.
All refuse collection facilities shall be screened from view by adequate
fencing.
A.
The sale or outdoor display of merchandise shall not be permitted
within the required setback areas.
B.
The Planning Commission may require a fence or wall to be constructed
along the rear and/or sides of the lot to keep trash, paper, and other
debris from blowing off the premises.
C.
The lot area used for parking shall be hard-surfaced and the display
or storage areas shall be provided with a permanent, durable, and
dustless surface and shall be graded and drained so as to dispose
of all surface water.
D.
All lighting shall be shielded from adjacent residential areas.
E.
For a plant materials nursery, the storage of any soil, fertilizer,
or similar loosely packaged materials shall be sufficiently contained
to prevent any adverse effect upon adjacent properties.
F.
For new and used car sales and rentals, vehicle display or storage
shall not be carried out in areas required for visitor, employee or
service parking.
A.
All concerts and events shall conform to Chapter 113, Assemblies, Outdoor, of the Code of the Township of Cannon.
B.
A special use request shall be subject to approval by the Township
Board, after recommendation by the Planning Commission. In its approval
of the special land use, the Township Board may depart from the Planning
Commission's recommendation. In any approval of the special land use,
the Township Board may include other or additional terms and conditions
applicable to the use.
C.
The special use approval shall be reviewed annually, provided the
Township Board may, at its discretion, extend the review period to
multiple years. The review shall be conducted in the same manner as
the original special use approval, provided a public hearing shall
not be required. The review shall evaluate compliance with the general
special use standards, all applicable requirements specific to the
use, prior conditions of approval and any associated impacts, such
as, but not limited to, traffic congestion, noise, litter and citizen
complaints. If the Township Board finds that the use has failed to
comply with the applicable standards, requirements and conditions,
it may revoke the special use approval.
D.
Once a special use has been approved, the Township Board may delegate authority to approve some or all individual concerts or events, in accordance with the licensing provisions of Chapter 113, Assemblies, Outdoor. If desired, the approval of any concert or event may be conditioned upon the subsequent submission of an additional or revised site plan or other specific information by the applicant at a later time. If additional plans and/or information are required, the special land use shall specify which body, bodies or individual will be responsible for review and approval of that material.
E.
In addition to the information required by Chapter 113, Assemblies, Outdoor, a parking and traffic control plan shall be submitted with each special use application and, if required, shall be provided for individual concerts or events. At a minimum, the parking and traffic control plan shall contain:
(1)
A drawing of the site and surrounding area that shows:
(2)
A narrative and/or graphic that specifies:
(a)
Average daily and peak-hour traffic volumes on all roads abutting
the subject site for the day(s) on which the concert or event will
be held.
(b)
Current daily and peak-hour capacity of all abutting roads and
level of service.
(c)
Expected peak hour(s) for traffic movement into and out of the
site.
(d)
Projected attendance (daily and peak hour) at the concert or
event.
(e)
Projected traffic (daily and peak hour) for ingress and egress
at each driveway/entry point.
(f)
Traffic control devices, temporary signage and dust control
measures that will be employed.
(g)
Number of personnel to be used to direct and control traffic,
provide security and facilitate vehicle parking, and the times when
such personnel will be used.
(h)
An evacuation plan in the event of an emergency.
F.
Organized snowmobile racing event at a winter ski area or resort.
[Added 8-26-2019 by Ord.
No. 2019-5Z]
(1)
The snowmobile racing event shall be organized, sponsored and
under the supervision of a recognized snowmobile organization, such
as but not limited to the Michigan Snowmobile Association, or a local
organized snowmobile club.
(2)
The snowmobile racing event shall take place on only up to two
consecutive days of a weekend (a weekend being a Friday, Saturday
and Sunday).
(3)
Only one snowmobile racing event shall take place during a winter
season (being the months of December, January, February and March)
and shall not take place during any other months of the year.
(4)
The snowmobile racing event, including practice, time trials
and engine tuning, shall commence not earlier than 10:00 a.m. and
shall end not later than 9:30 p.m., except that one additional hour
is permitted for the departure of customers, guests and others and
the closing of the ski area or resort.
(5)
The location must be in active operation as a winter ski area
or resort during the season in which the event is to be held.
A.
Such uses may include a golf course, country club, ski area and other
outdoor recreation use.
B.
The use shall have direct access to a paved public street.
C.
No clubhouse, restaurant or similar building shall be located within
200 feet of the front property line or 400 feet of the side or rear
property lines.
D.
Restaurants, including restaurants serving alcoholic beverages, and
retail sales and repair of equipment of a type used for activities
at the facility may be permitted as additional special land uses,
in accordance with the general standards for special land uses.
E.
Tees, fairways, greens and trails shall be arranged in a manner to
limit stray golf shots and trespassing onto neighboring properties.
The Planning Commission may require fencing to prevent trespassing
onto neighboring properties.
F.
Lighting shall be no brighter than necessary to provide for safe
use of the recreational facility and shall be directed away from adjoining
properties and public rights-of-way. The Planning Commission may,
as a condition of special land use approval, require the reduction
or extinguishment of lighting during periods when the area is not
being used for its intended purpose.
A.
Such outdoor storage shall be permitted only in the I Industrial
District.
B.
All materials, motor vehicles, equipment and other goods and items
stored outside of an enclosed building shall be effectively screened
from view by a fence, wall, landscaping or a combination thereof.
C.
The location of such outdoor storage on the site of the use permitted
in the I District shall be as determined by the Planning Commission,
including the setbacks thereof from property lines.
A.
The primary business activity of the restaurant or cafe shall be
the serving of meals.
B.
The sale and consumption of beer, wine and alcohol shall be only
an incidental and subordinate business activity of the restaurant
or cafe.
C.
The sale and consumption of alcoholic beverages at the restaurant
shall be state-licensed; a copy of the license and any instrument
of renewal thereof shall be promptly furnished to the Township Zoning
Office.
D.
If a distinct or separate part of the establishment is designated
or used primarily for the sale and consumption of beer, wine and/or
intoxicating liquors, that part shall not occupy more than 1/3 of
the total floor area of the establishment accessible to customers.
E.
Outdoor seating may be permitted where it is determined that:
A.
The site shall be designed and constructed to provide sufficient
vehicle stacking space in the drive-through lanes so no vehicles will
extend into any abutting street. In its consideration of the application
for special land use, the Planning Commission may consider the appropriate
minimum number of stacking spaces for vehicles utilizing the service
ordering station. All vehicle stacking space shall be located so as
not to interfere with the circulation of other vehicles on the site
and shall not block or interfere with the use of designated parking
spaces.
B.
In addition to the minimum number of parking spaces otherwise required,
the Planning Commission may require up to three additional parking
spaces, placed in close proximity to the exit area of the drive-through
portion of the restaurant site, for customers waiting for the delivery
of orders.
C.
All site access shall be from a county primary road.
D.
Site access and circulation shall be designed to minimize traffic
conflicts, congestion and disruption on adjacent streets and nearby
driveways.
E.
Any loudspeakers shall not face adjoining residentially zoned or
used lands and shall be modulated so that any generated sound is not
audible beyond property boundaries.
F.
All outdoor trash receptacles shall be fully enclosed.
G.
Adequate and regular measures to prevent or control wind-blown trash
and litter shall be employed to avoid or prevent adverse effects on
adjacent or nearby lands and streets.
H.
All service areas, including loading and unloading areas and drive-through
and driving lanes, shall be set back from property lines for such
distance as determined by the Planning Commission.
A.
Outdoor seating and dining shall be accessory to a principal restaurant
use.
B.
The Planning Commission shall determine the hours of operation of
the outdoor dining area.
C.
The Planning Commission shall determine the maximum seating capacity
of the outdoor dining area.
D.
There shall be adequate separation between the outdoor dining area
and the adjacent or nearby driving lanes or parking areas by means
of adequate distance, curbing, barriers or other measures.
E.
When the outdoor dining area is not in use during inclement weather
months, the chairs, tables and other equipment used in the outdoor
dining activities shall be stored indoors.
F.
The Planning Commission may regulate outdoor lighting, outdoor amplification
of music and other sound, and other aspects of the use which may result
in adverse effects on other lands or nearby streets.
A.
Retail stores greater than 10,000 square feet but not greater than
50,000 square feet are an available special land use in the B-1 District.
B.
Retail stores exceeding 50,000 square feet are an available special
land use in the B-2 District.
C.
The special land use shall comply with the minimum provisions of
the zone district in which it is located, except that in approving
the special land use, the Planning Commission may impose stricter
minimum provisions, in view of the size and scope of the special land
use and its expected impact on other lands and adjacent streets.
D.
Adequate off-street parking shall be provided in accordance with the applicable provisions of Article 27, or such parking shall be in accordance with other requirements specified in the special land use.
E.
The use shall be located only on a major public street. There shall
be safe and convenient motor vehicle access to the site and exit from
the site. The Planning Commission shall determine the location, configuration,
and width of access driveways.
F.
In approving the special land use, the Planning Commission shall
determine all relevant aspects of the use, including additional building
setbacks; separation of vehicle traffic from pedestrian areas; water
supply and sanitary sewer service; stormwater drainage measures; landscaping;
signage; screening of the use from residentially zoned or residentially
used lands; and other provisions for the purpose of avoiding or moderating
adverse impacts resulting from the use.
A.
All vehicles, parts, material and equipment must be stored within
enclosed buildings or within an area completely enclosed by a screening
fence at least eight feet in height.
B.
The screening fence must be of such design as to completely obstruct
vision. No chain-link fence, with or without covering, shall be permitted.
C.
The screening fence shall be set back from all property lines in
accordance with the minimum yard requirements of the district.
D.
No materials shall be stacked higher than the screen fence.
E.
All materials shall be stockpiled in neat and orderly rows with adequate
aisle space provided between rows to accommodate emergency vehicles
and equipment.
F.
No storage area shall be located within 500 feet of a residential
district or street.
A.
The removal or extraction of mineral resources in quantities less
than 5,000 cubic yards or the reshaping, enlarging, straightening,
damming or diminution of lakes, waterways, ponds or other bodies of
water is permitted only with the intent and in such manner as to prepare
or render the premises suitable for the primary intended uses of the
district in which the premises is located or as envisioned in the
Township Master Plan.
B.
Mineral removal or extraction activities and other operations covered
by the terms of this section shall be permitted only upon compliance
with the following provisions:
(1)
Exceptions. The provisions of this section shall not apply to
the following:
(a)
Where the removal or extraction of mineral resources is more
than 500 feet from any street or property line, occupies not more
than two acres in area, does not constitute a weekly average intensity
of use of more than five yards of material per day, and creates no
area which fills with water other than a watering pond for farms.
(b)
Where only natural resources processing, storage or refining
takes place in the I Industrial District.
(c)
The control and regulation of oil or gas wells.
(2)
Procedure for permit. No zoning permit shall be issued to the
owner of any parcel of land or body of water desiring to proceed with
any undertaking set forth in this section until application to the
Planning Commission for a special use permit has been approved. The
application shall include the following information, in lieu of the
site plan requirements of Section 17.02.A.1,[1] and applicable fees:
(a)
A fee of $5 for each acre of land affected or from which natural
resources are to be removed.
(b)
A map of the parcel to be so changed depicting all buildings,
streets, drainage facilities and natural features within 200 feet
thereof, which map shall show contour elevation readings at five-foot
intervals along the perimeter of the subject property or portion involved.
(c)
A two-foot interval contour plan of proposed final elevations,
the location of proposed temporary structures, drives, parking areas,
loading equipment, drainage facilities and the extent of the operation
during the first year.
(d)
A written statement describing the equipment to be used and
the process involved, estimating the time such removal will require,
describing the proposed use of the premises after such removal, and
an agreement to conform to the provisions of this section.
[1]
Editor's Note: So in original.
(3)
Required conditions. The following conditions shall be complied
with:
(a)
Final grades shall be harmonious with surrounding grades and shall not be in excess of 5% unless demonstrably necessary for the future intended use of the land. No topsoil shall be removed from the property unless demonstrably necessary for the proper intended use of the property. All remaining topsoil shall be redistributed properly upon termination of the zoning permit. Except as provided in Subsection B(3)(c) below, no final grades shall create any area which will fill with water after the removal operation. No removal shall be permitted below the grades of the proposed plan unless a cash bond satisfactory to the Township Board, or, at its discretion, a surety bond or letter of credit, is posted with the Township to insure that the final grades of the plan will be met by the expiration date of the permit.
(b)
No mechanical processing of natural resources shall be permitted
in any residential or business district where such operation would
be detrimental to an adjacent use of land. Stormwater runoff shall
be led to existing drainage systems in a manner approved by the Township
and the County Drain Commissioner.
(c)
The creation or enlargement of a lake shall only be permitted
where the applicant demonstrates from engineering and geological studies
that such water will not become polluted or stagnant; submits a plan
for future use of the lakeshore and lake; and shows that such lake
has been approved by the state environmental agency and the Kent County
Drain Commissioner.
(d)
The alteration, straightening, damming, widening or diminution
of a waterway or body of water shall be approved by the said state
environmental agency and the Drain Commissioner.
(e)
No removal, storage area, structure, access drive, or loading
area shall be closer than 150 feet to a principal structure on adjoining
property. All unpaved areas and roadways shall be regularly maintained
and kept in a dust-free condition.
(f)
Truck routing shall be only on streets established by the Planning
Commission under such conditions and securities as may be imposed
by the Township or the county to protect or repair the roads and to
insure the safety of the public.
(g)
All structures and stored material equipment shall be removed
from the property within six months of the discontinuance of the use
for removal or extraction of natural resources. All land shall be
graded to final elevations and reseeded so as to avoid erosion following
the expiration of activities.
(h)
To the extent required by the Planning Commission, areas of
steep grades or other areas of hazard shall be enclosed by a chain-link
fence at least four feet high or other suitable fence, so as to prevent
or inhibit persons who may enter the removal area from being in parts
of the removal area where there may be hazards.
(i)
The Planning Commission shall examine the proposed plans in
relation to the Township Master Plan, the effects of such use or change
upon the area involved, and the effects of proposed ultimate uses
on planned and future streets, lots, grades and waterways proposed.
(4)
Determination by Planning Commission. Following public hearing,
the Planning Commission shall determine the proper disposition of
the application. If approved, the special use permit shall be for
a specified duration, not exceeding three years, and may be renewed
in accordance with Section 17.07.L.6.[2] In making its determination, the Planning Commission will
consider the following standards, in addition to the general standards
of Section 17.03:[3]
(a)
The proposed mineral removal is intended to prepare the premises
for a permitted primary use within a reasonable period of time.
(b)
Not create any very serious adverse consequences or serious
environmental impact on adjacent or nearby lands or other lands elsewhere
in the Township or the area.
[1]
The Planning Commission, in considering whether
any such very serious adverse consequences or serious environmental
impact would result from the proposed removal operations and activities,
shall consider the type of resource involved, the market demand and
availability of supply, the presence on the site or in its immediate
proximity of any significant natural features that would be affected
by the proposed removal operation, and other relevant factors and
conditions which determine the relative benefit to the public from
the proposed removal operations and activities.
[2]
The Planning Commission shall issue a permit only
if the proposed removal operations and activities do not, considering
the nature and extent of public benefit from the resource removal,
result in very serious adverse consequences or serious environmental
impact. Safety concerns and additional noise occasioned by the proposed
operations, including additional truck traffic; decreased air quality
caused by dust and odors from the operations and truck traffic; diminution
of nearby property values; decrease in residential or other development
in the area; loss of property tax revenues; and other relevant factors,
may be considered in determining whether very serious adverse consequences
or serious environmental impact would result from the removal operations
and activities.
(5)
Authorization. Upon approval of the special use permit, the
Planning Commission shall inform the Township Board of its action,
of the amount of bond required, and of special conditions imposed.
Upon receipt of the cash bond, or, in its discretion, upon approval
of a corporate surety bond or letter of credit by the Township Board,
the Township Board shall direct the Zoning Administrator to issue
any necessary zoning permit and an occupancy permit for a one-year
period. All approved plans, sureties, recommendations, reports and
special conditions shall be filed by the Zoning Administrator for
future reference.
(6)
Renewal of permit. A special use permit may be renewed for up
to three years at a time or for the duration of an accepted surety
bond or letter of credit, whichever is lesser, upon a finding by the
Planning Commission that all conditions and plans are being complied
with and no nuisance has been created by prior operations. Where any
new removal or operational area is to be considered, proceedings for
such purpose shall be the same as those for an original application.
(7)
Revocation of permit. The Planning Commission shall revoke a
special use permit where operations do not conform to approved plans
or special conditions. All operations shall cease following notification
by the Zoning Administrator of such violations, unless such conditions
are corrected. Reinstatement of a revoked permit shall require a new
application and approval.
A.
Objectives and required approvals.
(1)
This special land use is for the purpose of authorizing the
removal of sand, gravel and other mineral material equaling or exceeding
5,000 cubic yards from specified lands within the Township and also
for the purpose of authorizing resulting land uses, after the completion
of planned mineral removal operations, in accordance with an approved
site rehabilitation plan. Under the terms of the special land use,
mineral removal is required to be accomplished without serious adverse
consequences to other lands and other land uses in the vicinity and
elsewhere in the Township.
(2)
This special land use is subject to recommendation by the Planning
Commission and subsequent approval by the Township Board. After its
public hearing on the special land use, the Planning Commission shall
make a recommendation to the Township Board as to whether the special
land use shall or shall not be approved or, if approved, whether such
approval shall be subject to specified terms and conditions. Following
Planning Commission action, the application, the site plan, the minutes
of the Planning Commission public hearing and other relevant information
and materials shall be forwarded to the Township Board for consideration
and decision on the special land use.
B.
Qualifying conditions. Lands proposed for mineral removal shall be
located in the RR District.
C.
Permitted uses. Land, buildings and structures on the site shall
be used only for removal of sand, gravel and other mineral resources
in accordance with the terms of this section. Any resulting use following
mineral removal activities and operations shall conform to the Future
Land Use Map designation of the Township Master Plan.
D.
Operational requirements.
(1)
Operations and activities for mining, extracting, excavating
for, processing, removal and transport of mineral materials shall
be located only as follows:
(a)
No activity shall be closer than 500 feet to any dwelling located
on lands other than lands included in the special land use, unless
a closer distance is authorized by the special land use.
(b)
No activity shall be closer than 500 feet to any residential
district or R-PUD district; provided, however, that they may be located
up to 100 feet away from any RR District boundary and 300 feet from
any existing dwelling in the RR District.
(c)
No activity shall be closer than 200 feet to the right-of-way
of Belding Road, Cannonsburg Road or any other county primary road
within the Township.
(d)
The special land use may include a modification or waiver of
a perimeter setback requirement if the adjacent property is owned
by the owner or operator of the subject lands.
(e)
There shall not be more than one entrance to and exit from the
site of removal operations, from and to a public street, unless additional
entrances or exits are approved as a part of the special land use.
Any entrance and exit shall also be subject to the approval of the
Kent County Road Commission. The locations of entrances and exits
shall, if reasonably feasible, be placed so that the travel of mineral
transport vehicles over primarily residential streets shall be avoided.
(f)
Not more than 21 acres of land shall be authorized for removal
operations or activities at any one time. Of this number or some lesser
number of acres, not more than 1/3 shall at any one time be used for
site preparation; not more than 1/3 shall at any one time be used
for removal of mineral material; and not more than 1/3 shall at any
one time be used for site reclamation, in accordance with an approved
site rehabilitation plan.
(2)
There shall be an inspection by the Township Zoning Administrator
or designee of each completed phase, so as to verify compliance with
the terms of this chapter.
(3)
Upon the completion of each phase, the applicant shall notify
the Township that the phase is ready for inspection and the Township
shall make the inspection within a reasonable time. Until such inspection
is made, and until approval of the completed phase has been given
by the Township, the applicant shall not commence work on any subsequent
phase.
(4)
Any work or other action undertaken by the applicant in or with
respect to a subsequent phase before the Township inspection and approval
of the previous phase shall be a violation of the special land use
and a violation of this chapter.
(5)
Each site rehabilitation plan shall be reviewed by the Planning
Commission and shall comply with all of the following standards and
requirements:
(a)
Topsoil shall be replaced on the site to a depth of not less
than six inches, except where the resulting uses do not involve the
growing of vegetation. Slopes shall be graded and stabilized to accommodate
the proposed use. The plan shall indicate the sequence and phasing
of operations.
(b)
Final grades shall have a slope not exceeding 1:3 at the conclusion
of each individual phase of mineral removal.
(c)
Final surface water drainagecourses and areas of surface water retention shall be laid out and constructed at such locations and in such manner as to avoid adverse effects on adjacent or nearby lands as a result of stormwater runoff, erosion or other damage to the lands. The applicant shall apply for any required stormwater permit under any Chapter 388, Stormwater Management, provisions, and the site rehabilitation plan shall comply with any Chapter 388, Stormwater Management, provisions.
(6)
Grasses, shrubs, trees and other vegetation shall be planted
on the site to maximize erosion protection, enhance the natural beauty
of the site, and screen the view from other lands.
(7)
Landscaping and, where appropriate, earthen berms shall be used
to screen special land use activities from view from other lands and
to moderate noise levels from operation of equipment and vehicles.
(8)
Trees and shrubbery shall be of sufficient height and spacing
to effectively screen the view from adjacent lands and to moderate
noise levels from operations. Dead or diseased trees and other vegetation
shall be promptly removed and replaced to assure the continuance and
effectiveness of any landscaped screening.
(9)
The site rehabilitation plan shall not provide for the storage
or dumping of stumps, concrete, asphalt, discarded materials or any
other materials, objects or debris not associated with the mineral
removal operations. Further, no storage or dumping of these materials
shall occur at any other time during operations, unless authorized
in the special land use permit or the plan.
E.
Additional review standards.
(1)
The end uses shall conform to the uses designated by the Township
Master Plan. The special land use shall require compliance with the
requirements of the zoning district having the greatest similarity
to the Master Plan designation.
(2)
The Planning Commission, in considering whether any very serious
adverse consequences or serious environmental impact would result,
shall determine the degree and extent of public interest in the removal
of the minerals from the applicant's land, considering the type of
resource involved, the market demand and availability of supply, and
other relevant factors and conditions which determine the relative
benefit to the public from the proposed removal operations and activities.
(3)
The special land use shall be approved only if the proposed
removal operations and activities do not, considering the nature and
extent of public benefit from the resource removal, result in very
serious adverse consequences or serious environmental impact. Safety
concerns and additional noise occasioned by the proposed operations,
including additional truck traffic; decreased air quality caused by
dust and odors from the operations and truck traffic; diminution of
nearby property values; and decrease in residential or other development
in the area, may be considered in determining whether very serious
adverse consequences or serious environmental impact would result
from the removal operations and activities.
(4)
The approval of the special land use shall include provisions
requiring compliance with specified conditions relating to mineral
removal activities and operations. Such conditions shall include the
following:
(a)
Mineral removal operations shall be approved for a duration
of not more than three years, unless the Planning Commission recommends
and the Township Board determines that there are unusual circumstances
which justify a removal period of greater duration.
(b)
Upon or prior to the expiration of the special land use, the
Planning Commission may recommend and the Township Board may approve
the renewal of the use for a successive period of not more than three
years duration, unless the Planning Commission recommends and the
Township Board determines that there are unusual circumstances which
justify a use renewal period of greater duration.
(c)
In considering whether the special land use shall be renewed,
the Planning Commission may, but need not, convene a public hearing.
The public notice for any such hearing shall be the same as otherwise
required for the original granting of the special land use.
(d)
Mineral removal, processing and transport operations and activities
shall not commence earlier than 7:00 a.m. and shall not continue after
6:00 p.m., Monday through Friday only, except that there may be minor
equipment maintenance work at the site on Saturdays from 9:00 a.m.
to not later than 3:00 p.m. Minor equipment maintenance shall be limited
to maintenance work that does not generate noise which carries beyond
the mineral removal lands, and provided that the special land use
may include additional limitations on the hours and days of operation
in order to avoid serious adverse consequences upon adjoining or nearby
lands.
(e)
Processing equipment which emits noise louder than 80 decibels,
measured at a distance of 50 feet from said equipment when operating,
shall not be located closer than 1/4 mile to the nearest occupied
dwelling, unless the special land use authorizes other noise emission
requirements. In addition, the special land use may require that particular
vehicles and/or processing and removal equipment shall be utilized
only at certain locations or within certain areas of the site, so
as to avoid adverse impacts on adjacent or nearby lands.
(f)
Access to and from a mineral removal site, and the routes to
be taken by vehicles hauling mineral material from the site and returning
to the site, shall be only by means of those streets designated on
the approved mineral removal plan or by other routes, as may be specified
as a part of the operating conditions included in the special land
use.
(g)
During activities and operations for the removal of mineral
material, no mineral material or other excavated material shall be
left during weekends or overnight in a condition or manner that constitutes
a danger to persons who may enter the removal area.
(h)
After operations each day, all banks of excavated material shall
be graded to slopes not steeper than one foot of elevation for each
two feet of horizontal distance, or a substantial fence, at least
four feet in height, shall be erected to fully enclose all the areas
of steep slopes, so the slopes cannot be inadvertently approached
by persons who may enter the removal area. The special land use may
include other measures deemed sufficient to protect persons from harm
within the removal area during times when operations are not occurring.
(i)
All entrance and exit roads and other routes into or from the
site shall be securely gated. Gates shall extend across the entire
width of any entrance or exit road or route and shall be locked securely
when operations are not occurring. These gates shall be located to
prevent unauthorized vehicles from entering the mineral removal lands.
(j)
Entrance and exit roads shall be configured to provide adequate
and safe distances for stacking trucks within the lands, to avoid
the parking or backing up onto the adjacent streets of trucks waiting
to be loaded, to enter the property, or otherwise. The special land
use may require paving of entrance and exit roads within the site
for a distance sufficient for adequate handling of removal vehicles,
the reduction in accumulation of dust and dirt, and for other purposes.
(k)
Measures to control dust and dirt arising from mineral removal
operations shall be undertaken in accordance with conditions included
in the special land use. Dust control measures may include the application
of dust-inhibiting solvents or similar nonpolluting surface treatments,
particular road-surfacing measures, or other actions as specified
in the special land use.
(l)
Stormwater drainage on and from the mineral removal site shall
be controlled so that adjacent or nearby lands shall not be adversely
affected by surface water drainage, erosion or other similar effects.
The mineral removal site shall be contoured and graded to avoid the
unintended impoundment of water, except where ponds or other bodies
of water are proposed in an approved site rehabilitation plan.
(m)
Unless authorized by the terms of the special land use, no storage
of soil from lands outside the mineral removal area may take place
on the mineral removal site.
(5)
The special land use may include such other conditions as necessary
to assure compliance with the terms of this section. Conditions may
include, though are not limited to, weed control; erosion and sedimentation
controls; measures to prevent the tracking of dirt and other debris
onto public streets; fencing and other visual screening; groundwater
monitoring wells; preservation of trees and other vegetation; and
limitations on the loading or storage of fuel for vehicles and equipment.
F.
Special land use.
(1)
A recommendation on the special land use by the Planning Commission
shall be accomplished by means of a resolution adopted by the Commission,
which shall include all of the terms and conditions of the recommendation.
Likewise, an approval of the special land use by the Township Board
shall be accomplished by a resolution adopted by the Board which shall
include all of the terms and conditions of the approval.
(2)
An applicant for the special land use shall submit a performance
bond, with an approved surety, in an amount recommended by the Planning
Commission and approved by the Township Board. The performance bond
shall be conditioned upon the timely and faithful performance by the
applicant of all of the terms and conditions of the special land use,
the mineral removal plan and the site rehabilitation plan.
(a)
The performance bond shall not be refunded or reduced until
the mineral removal operations and activities, land reclamation or
restoration, and all other required activities have received final
inspection and approval by the Township.
(b)
If the performance bond is revoked or if it expires and is not
renewed, the Planning Commission and Township Board need not approve
the renewal of the special land use until such bond has been satisfactorily
reinstated.
(3)
The special land use shall not be transferred to a person or
party other than the applicant to whom it was issued unless the transfer
is first considered and approved by the Planning Commission and the
Township Board at public meetings.
(4)
Mineral removal operations and activities authorized by the
terms of the special land use shall be commenced not later than one
year after approval of the special land use and shall be diligently
pursued thereafter, unless the special land use provides otherwise.
In the absence of timely commencement and diligent prosecution of
such operations and activities, the special land use shall be of no
further force or effect. Mineral removal activities or operations
shall not thereafter be commenced unless a new special land use has
been obtained pursuant to the procedures set forth in this section.
(5)
An applicant whose application for the special land use has
been denied shall not resubmit an application covering the same lands,
or substantially the same lands, within 18 months after the date of
denial, except that a new application may be submitted and considered
if there are significantly changed conditions which are determined
by the Planning Commission and Township Board to be sufficient to
justify reconsideration of the application or petition.
(6)
Upon the effective date of this section, special land uses which
have been previously issued under the terms of this chapter shall
continue in effect until, but not after, the authorized amount of
mineral material has been removed and any required site rehabilitation
completed. In the case of special land uses which did not designate
the amount of mineral material which may be removed, the uses shall
continue in effect for the remainder of the period of time for which
they were issued or last renewed, and also for an additional period
not exceeding one year thereafter, at the discretion of the Planning
Commission and the Township Board. Mineral removal activities and
operations shall not thereafter be conducted on the lands covered
by the special land use unless a subsequent special land use has been
granted.
G.
This subsection applies only to the renewal of a special land use
for extraction of sand, gravel and other minerals from the same location
or locations as permitted under an existing special land use. Applications
for permission to expand mineral removal operations beyond the location
approved under an existing special land use shall comply with the
procedure set forth in this section for the granting of a special
land use.
(1)
If renewal of a special land use is desired, an applicant shall
apply for renewal at least 120 days before the expiration of the existing
special land use.
(2)
All of the applicant's rights and privileges arising under the
special land use shall terminate at the expiration thereof, if the
use has not then been renewed, and, in that event, all removal operations
covered by the expiring special land use shall then cease, except
approved emergency operations required to protect the public safety
and except as otherwise provided herein.
(3)
The termination of rights and privileges under a mineral removal
special land use, at the time of expiration of the special land use,
shall take place even though an applicant may have applied for renewal
thereof and even though proceedings for such renewal may have commenced,
unless the Planning Commission and the Township Board, in their discretion,
vote by majority vote of those present to temporarily extend an expiring
special land use during the period required for proceedings to consider
renewal of the use (however, such vote for temporary extension of
the use may be rescinded in the event that the applicant unduly delays
such proceedings, whether by action or inaction).
(4)
Upon the conclusion of proceedings for renewal of a special
land use, if the use is renewed, removal operations may be resumed
if and to the extent covered by the special land use as renewed.
(5)
An application for renewal of a mineral removal special land
use shall consist of the following:
(a)
The Zoning Administrator's certificate of compliance, as described
in Subsection G(6)below.
(b)
A copy of the original application for the special land use,
with addendum updating the information from the original application
and supplying any information missing on the original application.
(c)
A revised mineral removal plan, drawn and sealed by a registered
civil engineer, showing the areas of the site which are currently
under excavation, which are in the process of reclamation, and which
have been reclaimed.
(d)
The required application fee and any required deposit of funds
into an escrow account for reimbursement of Township expenses in the
matter.
(e)
The Township may require additional information if necessary
in the consideration of the requested renewal, or the Township may
waive any of the above-stated application requirements, but the requirement
of the certificate of compliance shall not be waived.
(6)
Neither the Planning Commission nor the Township Board shall
consider an application for renewal unless the applicant submits a
certificate of compliance signed by the Township Zoning Administrator,
which states that the mineral removal operation, as of the date of
signing of the certificate of compliance, is in compliance with the
present special land use and all Township ordinances and that all
required mineral removal fees and escrow deposits have been paid.
(7)
Upon request by an applicant for a certificate of compliance,
the Township shall promptly arrange to have the operation reviewed
and inspected. If the Zoning Administrator finds that the operation
is in compliance, the Zoning Administrator shall issue a certificate
of compliance. The certificate shall also describe any past violations
which have been rectified.
(8)
If the Zoning Administrator finds that the operation is not
currently in compliance, the Zoning Administrator shall notify the
applicant of the steps necessary to cure such deficiency.
(9)
The issuance of a certificate of compliance does not require
the Planning Commission to recommend or the Township Board to approve
a renewal of the special land use.
(10)
In making decisions regarding renewal, the Planning Commission
and the Township Board shall apply the standards for approval applicable
to new special land uses under this chapter, taking into consideration
current conditions in the vicinity, the operational history under
the previous special land use, and any complaints or comments about
the operation. The Planning Commission may convene a public hearing
on the renewal application. Conditions may be attached to the renewal
which are in addition to or different from those contained in the
previous permit.
H.
Fees.
(1)
The applicant for the special land use shall pay the established
application fee and shall deposit the required amount into a zoning
escrow account when the application or petition is filed with the
Township.
(2)
The applicant shall also pay to the Township annually a fee
(the "surveillance fee") to defray the Township's cost of administration,
surveillance and enforcement of the special land use, including but
not limited to costs for review of applications, testing, monitoring,
sampling, surveying, personnel expenses, enforcement, legal, engineering
and other consultant fees, and other related costs and expenses. The
fee shall be $0.03 per ton of mineral material removed during the
entire removal operation; provided, however, in that no event shall
the fee be less than $1,000 annually.
(3)
At any time, if the amount on deposit with the Township from
the surveillance fee paid by the applicant is reduced to less than
$1,000 (or to such lesser sum, based on the above-stated amount per
cubic yard of mineral material removed, or to the above-stated minimum
annual amount) by reason of expenditure by the Township under the
terms of this section, then the Township shall notify the applicant,
in writing, and the applicant shall pay to the Township promptly,
but in any event not later than 30 days after such notification, sufficient
additional surveillance fee so as to increase the amount of such funds
to the amount specified by the Township.
(4)
In such notification by the Township to the applicant for additional
deposit of surveillance fee, the amount specified by the Township
shall not exceed that amount which will cause the balance on hand
to be $1,000, unless the Township reasonably expects to incur costs
greater than $3,000 within a year after such notification for additional
surveillance fee, in which case the Township shall specify the amount
reasonably expected to be incurred during such ensuing year.
(5)
Funds received from the application fee shall be deposited in
the Township's general fund or in such other Township fund as is established
for other zoning application fees. Funds received from the surveillance
fee shall be accounted for separately on the books of the Township,
as to each special land use.
(6)
The surveillance fee, at the above-stated rate of mineral material
removed, shall be paid by the applicant annually. Not later than January
31 of each year, the Township shall notify the applicant, in writing,
to submit copies of load tickets or other written proof accurately
showing the total amount of mineral material removed during the preceding
year (or during any such lesser preceding period, in the case of the
recent commencement or termination of a special land use). Such notification
by the Township shall indicate a period of time for response by the
applicant, and the requested information shall be submitted by the
applicant to the Township within that time.
(7)
Based upon the amount of mineral material removed as stated
in the written response received from the applicant, the Township
shall calculate the amount of surveillance fee due and shall then
send to the applicant an invoice in that amount. The applicant shall
promptly pay to the Township the amount indicated on the invoice.
In the event that the Township desires further or more complete information
as to the amount of mineral material removed, the Township shall notify
the applicant accordingly, and the applicant shall respond promptly
and fully. In its discretion, the Township may make inquiries of mineral
haulers or others who may have knowledge concerning the amount of
mineral material removed.
(8)
When the special land use expires, the Township shall also notify
the applicant to provide, in writing, a statement of the amount of
mineral material removed, since the last previous such statement,
and the Township shall then prepare and forward a final invoice for
payment of the surveillance fee based upon the above-stated per-ton
rate, and the applicant shall promptly pay the amount indicated on
the invoice.
(9)
If an expired or soon-to-expire special land use is renewed,
the Township may retain any surveillance fee amounts then on hand
and apply them to defray the costs of review of the application for
renewal and for applicable costs subsequently incurred following renewal
of the special land use. As in the case of annual surveillance fee
payments, the applicant shall furnish to the Township any requested
load tickets or other written proof with respect to the amount of
mineral material removed during the last removal period before expiration
of the special land use.
(10)
After expiration of a special land use without renewal, the
Township shall refund, without interest, any unused surveillance fee
amounts that have been received from the applicant.
(11)
In its discretion, the Township may request from the applicant,
and the applicant shall promptly provide, load tickets or other written
proof of mineral material removed at times other than the annual surveillance
fee payment period.
(12)
As to each special land use, the Township shall maintain a record
of surveillance fee payments made by the applicant and expenditures
made by the Township with respect to the operation.
(13)
Surveillance fee payments made by the applicant shall not limit
the applicant's liability for civil infraction penalties, damages,
or other sanctions for violation of a special land use, Township ordinances
or other laws or regulations.
I.
Enforcement.
(1)
Enforcement of the terms of the special land use may be directed
against the applicant and all operators acting or purporting to act
under such special land use, or any of them. Full and timely compliance
with all of the terms of this article and all of the terms of the
applicable special land use is a condition for the continued effectiveness
of the special land use or any renewal thereof.
(2)
In the enforcement of the provisions of this section and those of any mineral removal special land use, the Township may avail itself of all procedures and remedies described in Article 32 of this chapter and all other remedies provided by law.
(3)
The Township Zoning Administrator or other designated Township
representative shall act as the agent of the Township Board in the
administration, supervision and enforcement of the special land use.
(4)
The Township Zoning Administrator or other designated Township
representative shall be entitled to access to the applicant's mineral
removal lands during reasonable business hours for the purpose of
verifying compliance with the special land use requirements.
(5)
The Zoning Administrator is authorized to demand compliance
with the terms of this section and the special land use. In the absence
of such compliance, the Zoning Administrator may issue an order directing
the applicant and any operator to cease immediately all mineral removal
work on or from the premises and all other operations relating thereto.
(6)
Upon the issuance of a stop-work order, the applicant and any
mineral removal operator shall have no further right or privilege
to continue or to conduct any mineral removal operations, except permitted
emergency operations required to protect the public safety and except
any authorized limited operations which may be authorized by any such
order.
A sexually oriented business may be approved by the Planning
Commission as a special land use in the B-2 District upon compliance
with the following requirements:
A.
It is not the intent of this special land use to suppress any activity
protected by the First Amendment of the United States Constitution
or the Michigan Constitution, but to enact a content-neutral ordinance
which addresses the adverse secondary effects of sexually oriented
businesses.
(1)
There are some uses which, because of their very nature, are
recognized as having serious objectionable operational characteristics,
particularly when several of them are concentrated under certain circumstances,
thereby having a deleterious effect upon adjacent areas. Special regulation
of these uses is necessary in order to insure that these adverse effects
will not contribute to the blighting or downgrading of the surrounding
area. These special regulations are itemized in this section.
(2)
A primary goal of regulation of these uses is to prevent a concentration
of the uses in any one area of the Township; to minimize and/or prevent
the well-documented adverse secondary effects of such uses; to insure
the integrity of the Township's residential and agricultural areas;
and to protect the integrity of churches, synagogues or other places
of religious worship, schools, licensed day-care facilities, parks
and playgrounds, and other areas where persons congregate. Nothing
in this section shall be construed as permitting or allowing a violation
of any state or federal law.
B.
A sexually oriented business includes, but is not limited to, an
adult bookstore or adult video store; an adult nightclub or cabaret,
bar or restaurant; an adult motel; an adult motion-picture theater;
and other establishments catering to adult patrons and which may involve
the actual or depiction of specified anatomical areas and/or specified
sexual activities, as those terms are commonly understood, or by means
of video, motion pictures, photographic reproductions or other visual
media, or in which a person or persons may appear in a state of nudity
or in live performances that are characterized by the exposure of
specified sexual activities or specified anatomical areas.
C.
A sexually oriented business shall not be located or operated within
800 feet of another sexually oriented business, a church or other
place of worship, a park, playground, school or licensed day-care
facility, a dwelling or dwelling unit, or an agricultural or residential
zoning district. For purposes of determining the above-stated distance,
measurement shall be made by extending a straight line from the property
line of the sexually oriented business to the nearest property line
occupied by any other of the above-stated land uses or zone districts.
D.
Entrances to the sexually oriented business shall be posted on both
the exterior and interior walls, in a location clearly visible to
those entering and exiting the business, and using lettering no less
than two inches in height that:
E.
Alcoholic beverages of any type shall not be sold, consumed, or permitted
on the premise of any sexually oriented business.
F.
No product or service for sale or gift, or any picture or other representation
of any product or service for sale or gift, shall be displayed so
as to be visible from the nearest adjoining road right-of-way or a
neighboring property.
G.
Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m.,
Mondays through Saturdays.
H.
All signs shall be in accordance with Article 25; provided, however, that no sign visible from the nearest adjoining road right-of-way or a neighboring property shall display or depict any specified anatomical areas or specified sexual activities.
I.
All parking shall be in accordance with Article 27; provided, however, that all off-street parking areas shall be illuminated during all hours of operation of the sexually oriented business and until one hour after the business closes, such that the off-street parking areas are visible from the nearest adjoining road right-of-way.
J.
Any booth, room or cubicle available in any sexually oriented business,
excepting an adult motel, used by patrons for the viewing of any entertainment
characterized as showing specified anatomical areas or specified sexual
activities shall:
(2)
Be unobstructed by any door, lock or other entrance and exit
control device.
(3)
Have at least one side totally open to a public, lighted aisle
so that there is an unobstructed view at all times from the adjoining
aisle of any occupant.
(4)
Be illuminated by a light bulb of wattage not less than 25 watts.
(5)
Have no holes or openings, other than doorways, in any side
or rear walls.
K.
In addition to the information and documents required to be submitted
with an application for a special land use in accordance with the
requirements of this article, an applicant for a special land use
to establish a sexually oriented business shall submit the following:
(1)
A floor plan of the premises showing the following:
(a)
Location and dimensions of any manager's station, demonstrating
that there is an unobstructed view from a least one of the manager's
stations of every area of the premises to which any patron is permitted
access for any purpose, excluding restrooms.
(b)
Location of all overhead lighting fixtures.
(c)
Identification of any portion of the premises in which patrons
will not be permitted.
(d)
The location of any stage.
(e)
Identification of the use of each room or other area of the
premises.
L.
A straight-line drawing depicting the property lines of the site
of the sexually oriented business and the property lines of any other
sexually oriented business, church or other house of worship, park,
playground, school, licensed day-care facility, dwelling or dwelling
unit or agricultural or residential zoning district within 800 feet
of the nearest property line of the site on which the business will
be located.
M.
The special land use shall not be approved if the Planning Commission
determines that one or more of the following is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant has failed to provide information required by this
chapter or has knowingly answered a question or request for information
falsely.
(3)
The premises to be used for the sexually oriented business has
not been approved by the Building Inspector and the Zoning Enforcement
Officer as being in compliance with applicable laws and ordinances.
(4)
The applicant or a director, officer, partner, member, principal
manager or chief executive officer of the applicant has had a sexually
oriented business license or adult business license revoked or suspended
within one year prior to the date of application.
(5)
The applicant is not in good standing or authorized to do business
in Michigan.
(6)
The application fee has not been paid.
(7)
An application of the proposed sexually oriented business is
in violation of or is not in compliance with any of the provisions
of this chapter.
N.
The applicant or owner shall permit all representatives of the Township,
the county and the State of Michigan to inspect the premises for the
purpose of insuring compliance with this chapter, any county ordinance
and applicable state law.
O.
The following interior structural requirements shall be complied
with:
(1)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms may not contain video reproduction
equipment.
(2)
A manager's station shall not exceed 32 square feet of floor
area.
(3)
No private viewing rooms or booths shall be constructed unless
one side is always open to a central public area. No door shall be
placed on any viewing room or peep booth, and no holes or openings
shall be placed or allowed to remain in the wall between any two adjacent
viewing rooms or peep booths.
P.
The following requirements as to registration of managers, entertainers
and employees shall be complied with:
(1)
No person shall work as a manager, entertainer or employee at
a sexually oriented business without being registered under this section.
(2)
All managers, entertainers and employees shall provide to the
Township their legal name and any aliases, social security number,
home address, telephone number, date of birth and satisfactory proof
that they are 18 years of age or older, and any other necessary identifying
information for the Township to conduct a criminal background check
on the manager, entertainer or employee.
(3)
The owner or manager of a sexually oriented business shall provide
the Township with the names, any aliases, dates of birth, and social
security numbers of all managers, entertainers and employees within
five days of employment. This information will be used to verify the
information submitted by the manager, entertainer or employee, who
must also register with the Township within five days of employment.
A.
The special land use shall not be located within 1,000 feet of any
residential use.
B.
The applicant shall submit a detailed site plan identifying any outdoor
storage areas, outdoor display areas or other areas in which stone,
brick or other such material may be cut, shaped or produced.
C.
Any outdoor storage area shall be completely enclosed by a fence
or wall of sufficient height to enclose and obscure the view of all
materials stored. The fence or wall shall be of uniform appearance
and it shall be continuously maintained in good condition.
D.
The minimum lot area, minimum lot width, minimum street frontage
and details of the means of access as to the use shall be as determined
by the Planning Commission.
E.
The cutting or breaking of stone or other activity generating substantial
noise shall take place only at such time of day or in such location
as not to have a serious adverse effect upon adjacent or nearby lands.
Other aspects of the use shall be so arranged or accomplished as to
avoid serious adverse effects on other lands or adjacent streets.
A.
The temporary or seasonal storage of recreational vehicles or other
motor vehicles in agricultural buildings may be permitted as stated
in this section.
B.
Only buildings existing on January 1, 1994, and originally used for
agricultural purposes may qualify for storage use. Buildings constructed
after January 1, 1994, shall not be used for this purpose.
C.
The storage use shall be operated as an accessory use within the
RR District solely by the owner or owners of the land where the building
is located.
D.
All storage shall take place only within a fully enclosed building.
E.
Storage shall be permitted on a seasonal basis only, except that
antique motor vehicles may be stored year round.
F.
No repairs, maintenance or other work shall be permitted on any stored
vehicles or equipment, except the property owner may repair or maintain
his or her own equipment to the extent permitted in the zone district.
G.
Any buildings used for such storage shall be located at least 15
feet away from any property line.
H.
There shall be adequate off-street parking available for motor vehicles
in connection with the transporting of the stored items to and from
the property.
I.
Any application for the special land use shall include information
on whether gasoline or other fuel will be kept in the tanks of any
stored vehicles or equipment and, if so, the application shall state
the method to be used to safeguard the building from fire. A copy
of the application shall be forwarded to the Township Fire Chief for
review and comment.
J.
The special land use, if approved, shall be granted for two years. Not sooner than six months prior to the expiration of the special land use permit, the owner may request, in writing, a renewal for a period of up to an additional two years. Successive renewals may be applied for in the same manner. Requests for renewal shall be submitted to, reviewed and decided by the Zoning Administrator, without public hearing or other proceedings by the Planning Commission. In considering the renewal request, the Zoning Administrator shall determine whether the conditions of this section and § 450-23.04 have been satisfied. In the discretion of the Zoning Administrator, any request for renewal may be referred for a decision by the Planning Commission, but without the need for public hearing.
K.
Nothing in this section shall be deemed to prohibit storage by the
property owner of his or her own equipment and/or vehicles under the
terms of the zone district or other provisions whereby such storage
is permitted.
A.
Access driveways shall be of sufficient width so as to accommodate
the transportation vehicles that will utilize the site.
B.
Access driveways shall be so located and spaced that the trucks and
other vehicles using the site may readily enter and exit the site
without adverse traffic impacts or hazardous conditions.
C.
Any trucks and trailers to be parked overnight on the site shall
be set back from the front lot line at least 100 feet.
D.
The principal building and any accessory buildings and structures
shall be located at least 200 feet away from any residential use or
residential district.
E.
There shall be sufficient off-street parking area so as to accommodate
the trucks and other transportation vehicles utilizing the site.
F.
The off-street parking area shall be graded and drained so as to
dispose of all surface water in a safe and effective manner without
causing ponding or adverse impacts upon other lands or the public
streets.
G.
Buffering, greenbelts or other protective measures may be required
so as to avoid serious adverse effects upon other lands.
H.
Any vehicles or equipment stored outside of an enclosed building
shall not be located within any required yard.
I.
No outside storage shall be permitted. However, licensed inoperable
vehicles may be stored out of doors within an area and at a location
approved by the Planning Commission and, if required, within a fully
enclosing fence.
A.
The Planning Commission shall determine the minimum lot area, minimum
lot width and minimum street frontage for the use.
B.
All buildings and structures shall comply with the minimum setback
requirements of the zone district in which the use is located or they
shall have such further setback as may be required by the Planning
Commission in its approval of the special land use.
C.
Any outdoor animal holding area shall be enclosed by a wall or a
fence of a height sufficient to contain animals within the holding
area.
D.
All kennels, pens and other areas for the confinement of animals
shall be located at least 200 feet from a front property line and
at least 50 feet away from a side or rear property line.
E.
In approving the special land use, the Planning Commission may include
terms and conditions for the purpose of avoiding or moderating any
adverse effects of the use on adjacent or nearby lands.
A.
The Planning Commission shall determine the minimum lot area, minimum
lot width, minimum street frontage and minimum required principal
building setbacks for the special land use.
B.
Outside storage shall not be permitted.
C.
No toxic, hazardous, flammable or explosive materials shall be stored
in a warehouse building or otherwise be permitted on the site.
D.
The site shall provide such length for driveways so that there shall
be sufficient stacking capacity for motor vehicles making deliveries
to the site or removing stored goods or materials from the site.
E.
Screening and buffering of the use from other lands may be required.
F.
This special land use does not include mini warehouses or self-storage
warehouse facilities, both of which are addressed elsewhere in this
chapter.
A.
This special land use authorizes wind energy conversion systems (WECS) that exceed 60 feet in height. A WECS that is 60 feet or less in height is regulated under § 450-3.30.
B.
ON-SITE SERVICE WECS
WECS HEIGHT
WIND ENERGY CONVERSION SYSTEM (WECS)
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A single WECS placed upon a lot or parcel with the intent
to service the energy needs of only the structures and uses on the
same lot or parcel.
The distance between the ground (at normal grade) and the
highest point of a WECS, as measured from the ground (at normal grade)
to the highest point of the WECS (being the tip of the blade, when
the blade is in the full vertical position).
 |
A combination of:
A surface area (typically a blade, rotor, or similar device),
either variable or fixed, for utilizing the wind for electrical power;
and
A shaft, gearing, belt, or coupling utilized to convert the
rotation of the surface area into a form suitable for driving a generator,
alternator, or other electricity-producing device; and
The generator, alternator, or other device to convert the mechanical
energy of the surface area into electrical energy, housed in a nacelle;
and
The tower, pylon, building mount or other structure upon which
any, all, or some combination of the above are mounted.
Other components not listed above but associated with the normal
construction, operation, and maintenance of a WECS.
C.
On-site service WECS general requirements.
(1)
An on-site service WECS is permitted in the RR Rural Residential/Agriculture
District, the B-1 Neighborhood Business District, the B-2 General
Business District and the I Industrial District, in accordance with
the requirements of this section.
(2)
The minimum requirements for the special land use shall be those stated in § 450-3.30, but as to any such provisions that are specified more strictly in this section, then such provisions in this section shall apply and control.
(3)
The wind rating of the WECS turbine shall not be greater than
50 kwh, except that a greater rating may be permitted by the Planning
Commission.
(4)
The WECS shall provide energy only to the property where the
tower is located and must be owned by the owner of the property upon
which the WECS is placed.
(5)
No sound attributed to the WECS in excess of 55 dB(A) shall
be discernible at the property line.
(6)
There shall be no signs on the WECS other than the name of the
manufacturer, which may only be affixed to the nacelle.
(7)
The WECS shall be painted in a neutral color, such as gray or
light blue, to blend into the background.
(8)
Each WECS shall also comply with all applicable federal, State
of Michigan, and county requirements, in addition to Township ordinances.
(9)
A WECS shall be removed when the device or equipment is no longer
operating or when it has been abandoned.
(10)
A WECS shall not be installed in any location where its proximity
to existing fixed broadcast, retransmission or reception antenna for
radio, television or wireless phone or personal communication systems
would produce electromagnetic interference with signal transmission
or reception.
D.
Ground-mounted on-site service WECS.
(1)
The minimum lot area for a parcel of land on which a WECS exceeding
a height of 60 feet is located shall be five acres if located in the
RR, B-1 or B-2 Districts.
(2)
A WECS in the I District shall be located on a parcel of land
of at least one acre.
(3)
The diameter of the rotor may not be greater than 50 feet, or
may be such greater diameter as may be permitted by the Planning Commission.
(4)
The WECS height shall not exceed 130 feet or shall not exceed
such greater height as may be permitted by the Planning Commission.
(5)
The minimum rotor blade tip clearance from grade shall be 20
feet, or it shall be such greater clearance as may be required by
the Planning Commission.
(6)
The tower used to support a WECS shall be adequately anchored,
as certified by an engineer.
(7)
The setback for placement of a WECS shall be at least equal
to 1.5 times the WECS height. No part of a single WECS (including
guy wire anchors) shall be located within or above any required setback.
E.
Building-mounted on-site service WECS.
(1)
The minimum lot area shall be one acre.
(2)
The diameter of the rotor shall not exceed 20 feet.
(3)
The WECS height shall not exceed the maximum height for principal
buildings in the district, plus 25 feet.
(4)
The WECS shall be set back from adjoining property lines a distance
equal to 1.5 times the height of the WECS. The setback shall be measured
from the property line to the closest extension of the rotor when
horizontal and perpendicular to the property line.
F.
Discretionary conditions. The Planning Commission may impose other
terms and conditions regulating the construction, installation, use,
maintenance, repair and removal of any WECS authorized by the terms
of this section. Such other terms and conditions may include, though
are not limited to, the following:
(1)
The screening or buffering of structures (other than towers)
with landscaping, berms, walls or any combination thereof. Fencing
may be required by the Planning Commission to secure the site and
tower.
(2)
The preservation of existing trees and other existing vegetation
not required to be removed for installation of a WECS.
(3)
The reasonable replacement of trees or other vegetation removed
or destroyed during the construction or installation of a WECS.
(4)
A requirement for a performance bond or letter of credit, in
favor of the Township, and conditioned upon the timely and faithful
performance of all required conditions of the special land use, including
but not limited to the timely and complete removal of a WECS, regulated
under the terms of this section, when required. Such performance bond
or letter of credit shall remain in effect during and after the operation
of a WECS, until its operations have ceased and it has been removed.
A.
Purpose and intent.
(1)
The regulations of this section are intended to conform to federal
laws and administrative rules governing facilities needed to operate
wireless communication systems and to set forth procedures and standards
for review and approval for the location of such facilities within
the Township. It is the Township's intent to reasonably regulate the
location and design of these facilities to retain the integrity of
neighborhoods and the character, property values and aesthetic quality
of the Township.
(2)
Given the increase in the number of wireless communications
facilities requested as a result of new technology and the Federal
Telecommunications Act of 1996,[1] it is the policy of the Township that all users should
co-locate on attached wireless communications facilities and wireless
communication support structures. Co-location is proposed in order
to assure the most economic use of land and to prevent the proliferation
of duplicative services.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
(3)
In recognition of the Township's concern that technological
advances may render certain wireless communications facilities obsolete
or unnecessary in the future, requirements are set forth for the removal
of unused or unnecessary facilities in a timely manner and provide
security for removal.
B.
Zoning districts and limitations for wireless communications facilities.
Wireless communications facilities may be located within the Township
in accordance with the table set forth below, provided the location
is consistent with the master plan prepared for wireless communications
facilities in the Township.
|
Type/Location of Wireless Communication Facility
|
Districts Permitted
|
|---|---|
|
Attached to existing structures
| |
|
Attached to an existing conforming structure that
will not be materially altered or changed in appearance
|
All districts
|
|
Attached to an existing utility pole that will not
be modified or materially alter the pole or impair sight lines or
compromise safety
|
All districts
|
|
Co-location upon an attached wireless communications
facility previously approved for such co-location
|
All districts
|
|
New facility
| |
|
Monopole
|
RR, B-1, B-2, I Districts
|
|
Lattice tower where it can be demonstrated that a
monopole is not feasible
|
Industrial District
|
C.
Application requirements. The following information shall be provided with the application, in addition to other submittal requirements for site plan, as required in Article 22.
(1)
Signed certification by a professional engineer licensed by
the State of Michigan with regard to the manner in which the proposed
structure will fall in the event of damage, accident or injury (i.e.,
"fall zone"), and that the setback area provided shall accommodate
the structure should it fall or break and provide a reasonable buffer
in the event the structure fails.
(2)
A description of performance guarantee to be posted at the time
of receiving a land use permit for the facility to ensure removal
of the facility when it is abandoned or is no longer needed. The applicant
shall demonstrate that funds will be available to the Township for
removal of any structure used for wireless communication in an amount
which reasonably reflects the cost of removal of the facility and
restoration of the property or structure upon which the facility is
located or placed. Adequate funds shall also be provided to cover
the Township's administrative costs in the event that the applicant
or its successor does not remove the wireless communications facility
in a timely manner.
(3)
The security shall, at the election of the Planning Commission,
be in the form of 1) cash; 2) security bond; 3) letter of credit;
or 4) an agreement in a form approved by the Township Attorney and
recordable at the office of the Register of Deeds, establishing a
promise of the applicant and owner of the property, or their successors,
to remove the facility in a timely manner as required under this section.
It shall further be provided that the applicant, owner or successor
shall be responsible for payment of any costs or attorney fees incurred
by the Township in securing removal.
(4)
A map that illustrates existing and known proposed wireless
communications facilities within the Township and adjacent communities
which are relevant in terms of potential co-location or to demonstrate
the need for the proposed facility. 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. Any request for confidentiality must be prominently
stated in the application for the special land use.
(5)
For all new facilities, in recognition of the Township's policy
to promote co-location, a written agreement, transferable to all Assessors
and assigns, that the operator shall make space available on the facility
for co-location.
(6)
The name, address and phone 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.
D.
Review standards applicable to all facilities. All wireless communications
facilities shall be constructed and maintained in accordance with
the following standards:
(1)
Facilities shall be located and designed to be harmonious with
the surrounding areas through the use of color, materials, screening,
landscaping, and architectural treatment. The Planning Commission
may require unique design of the structure to diminish the visual
impact, minimize adverse effects on nearby properties and land uses,
or to create an architectural feature that will contribute to or enhance
community character.
(2)
All new and modified wireless communications facilities shall
be designed and constructed to accommodate co-location of both antenna
and equipment structures by five or more wireless communication providers.
A written agreement in a format approved by the Township Attorney
shall be provided to that effect.
(3)
A permit for the construction and use of a new wireless communications
facility shall not be granted until the applicant demonstrates substantially
equivalent services are not feasible through co-location on an existing
structure elsewhere in the Township or surrounding communities.
(4)
The total height of the facility, including tower, antenna,
or any other portion of the tower, shall not exceed 199 feet, unless
required by state or federal law or otherwise necessary for public
safety.
(5)
Landscaping, consisting of evergreen trees at least six feet
in height and 15 feet on center, shall be provided to screen the structure
base, accessory buildings and enclosure from adjacent uses and public
rights-of-way.
(6)
Elevations of the accessory buildings shall be provided. All
accessory buildings shall be constructed of brick, provided the Planning
Commission may waive this requirement for a building that is located
in the industrial district and is not visible from a public right-of-way
or nonindustrial zoning district.
(7)
Accessory buildings shall be a maximum of 14 feet in height
and shall be set back in accordance with the requirements for principal
buildings in that zoning district.
(8)
A six-foot-high fence shall be provided for protection of the
support structure and to provide security from children and other
persons who may otherwise access facilities.
(9)
All towers, antenna, construction, installation, operation,
and maintenance shall comply with all applicable federal, state, and
local regulations. If, upon inspection, the Township determines that
a tower fails to comply with any regulation, the Zoning Administrator
shall provide written notice to the owner of the tower, who shall
have 90 days to comply with the applicable regulation. Failure to
comply within this period shall constitute grounds for requiring removal
of the antenna or tower at the owner's expense.
(10)
The applicant shall demonstrate that the requested height of
the new or modified support structure and antenna, including additional
height to accommodate future co-location, shall be the minimum height
necessary for reasonable communication by the applicant.
(11)
All antennas and towers adjacent to a lot or parcel improved
with a dwelling and/or adjacent to a residential district shall maintain
a separation distance equal to the height of the tower, including
antenna, or 200 feet, whichever is greater. The tower separation distance
shall be measured by drawing a straight line between the base of the
proposed tower and the lot line of the adjacent residential lot or
zoning district. For purposes of determining the required setback
distances, the dimensions of the entire lot or parcel shall control,
even if the tower is located within a leased portion of a larger lot
or parcel.
(12)
There shall be unobstructed access to the support structure,
for operation, maintenance, repair and inspection purposes, which
may be provided through or over an easement. This access shall have
a width and location determined by such factors as the location of
adjacent throughfares and traffic and circulation within the site;
utilities needed to service the tower and any attendant facilities;
the location of buildings and parking facilities; proximity to residential
districts and minimizing disturbance to the natural landscape; and
the type of equipment which will need to access the site.
(13)
Where a wireless communications 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. If proposed as an accessory
building, it shall conform to all district requirements for principal
buildings, including yard setbacks.
(14)
An antenna or tower shall not be illuminated and shall not display
strobe lights, unless specifically required by the Federal Aviation
Administration or other federal or state authority. Any such required
aviation hazard lighting shall be detailed on the plans. Lighting
of buildings or structures shall be fully shielded to prevent glare
or light emissions toward adjacent property.
(15)
As a condition of every approval, the applicant shall agree
to remove all or part of any facility when the facility has been abandoned
or unused for a period of 180 consecutive days, unless an extension
of time is granted by the Zoning Administrator. An extension of not
more than six months may be granted if the Zoning Administrator determines
that the owner or former operator is taking active steps to place
the facility back in operation or accomplish its removal. The Zoning
Administrator shall be notified by the owner or applicant of any changes
in the status of the facility, including a cessation of use.
E.
Discretionary conditions. The Planning Commission, in its reasonable
discretion, may impose other terms and conditions regulating the construction,
installation, use, maintenance, repair and removal of any wireless
communications facility. Other terms and conditions may address matters
such as:
(1)
Prohibiting the construction, use, or occupancy of specified
dwellings, buildings or structures within a defined isolation distance
from the antenna or tower.
(2)
Preserving existing trees or vegetation not required to be removed
to accommodate installation of the tower antenna.
(3)
Restoring trees or vegetation removed or destroyed during the
construction or installation of a wireless communications facility.
(4)
Requiring reasonable modification or accommodations on existing
buildings to ensure the safety, structural integrity, and appearance
of the existing building will not be compromised by the addition of
the wireless communications facility on the existing structure.
F.
Removal. As a condition of every approval of a wireless communications
facility, adequate provision shall be made for its removal. Documentation
(such as signed lease, deed, or land contract restrictions) shall
be provided to the Township which demonstrates that the applicant
is required to remove the tower and associated facilities upon cessation
of its operations.
G.
Co-location.
(1)
It is the policy of the Township to minimize the overall number
of newly established locations for wireless communications facilities
and wireless communication support structures within the Township
and to encourage the use of existing structures for attached wireless
communications facilities. If a provider fails or refuses to permit
co-location on a facility owned or controlled by it where co-location
is feasible, the result will be that a new and unnecessary additional
structure will be required, in contradiction with Township policy.
Co-location shall be required unless an applicant demonstrates that
co-location is not feasible.
(2)
Co-location shall be deemed feasible for the purpose of this
subsection where all of the following are met:
(a)
The wireless communication provider or property owner where
co-location is proposed will accept market rent or other market compensation
for co-location, and the wireless communication provider seeking the
facility will pay such rates.
(b)
The structure 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 technically reasonable,
e.g., the co-location will not result in unreasonable interference,
given appropriate physical and other adjustments in relation to the
structure, antennas and the like.
H.
Modification of standards and requirements. The Planning Commission
may permit a modification of the standards of this section where it
is determined that the modification would be consistent with the intent
and purpose of this section, and where it is determined that the modification
will not have a serious, adverse effect upon neighboring properties
or otherwise impair the health, safety, and welfare of Township residents.
I.
Amateur radio communications. The provisions of this subsection shall
apply to towers and antennas owned and operated by a federally licensed
amateur radio operator and used solely for amateur radio communication
purposes, but shall not be applied so as to preclude the construction
and operation of an antenna or tower for amateur radio communication
purposes. If the provisions of this section prohibit the construction
of a particular amateur radio communications antenna or tower, the
Township shall nevertheless reasonably accommodate the proposed operator's
amateur radio communications by considering other feasible designs,
locations, methods of accessing repeater systems or the use of existing
structures as an alternative to the operator's desired amateur radio
communications antenna or tower. In any event, the Township's regulations
with respect to amateur radio communications shall be only the minimum
practicable provisions to accomplish the Township's legitimate governmental
purposes.
