A.
Establishment of districts. For the purposes of this chapter, the
Lawrence Township, Michigan, is hereby divided into the following
districts:
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A-1 District: Agricultural District
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R-1 District: Rural Residential
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R-2 District: Medium Density Residential
|
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R-3 District: Waterfront Residential
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R-4 District: Multiple-Family Residential
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O-1 District: Professional Office District
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C-1 District: Business and Commercial District
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I-1 District: Manufacturing District
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B.
Zoning districts maps. The boundaries of the respective districts
are defined and established as depicted on the map entitled "Zoning
District Map of Lawrence Township, Michigan,"[1] which is an integral part of this chapter, and which,
with the explanatory matter thereon, shall be published as part of
this section and is hereby incorporated by reference.
(1)
The Zoning District Map of Lawrence Township, Michigan, and subsequent
amendments to the text shall be certified and bear the signature of
the Lawrence Township Clerk and the Township Supervisor. The Map shall
be attested to by the Clerk and shall bear the following words: "This
is to certify that the above map is the Official Zoning Map of this
chapter, adopted on the 24th day of October, 2002."
(2)
If amendments are made in district boundaries or other matters depicted
on the Official Zoning Map, such changes shall not be considered final,
and building permits shall not be issued until the appropriate amendments
have been made on the Official Zoning Map. Such amendments shall be
made within 10 normal working days after the effective date of the
amendment. Each amendment shall be accompanied by a reference number
on the Map, which shall refer to the official action of the Board
of Trustees. One copy of the Official Zoning Map shall be maintained
and kept up-to-date in the office of the Clerk of Lawrence Township.
A second copy shall be kept in the office of the County Clerk. A third
copy shall be kept in the office of the Building Official.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Replacement of Official Zoning Map. In the event that the Official
Zoning Map becomes damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes made thereto, the Board
of Trustees may, by ordinance, adopt a new Official Zoning Map which
shall supersede the prior Official Zoning Map. The new Official Zoning
Map may correct drafting or other errors or omissions on the prior
Official Zoning Map, but no such corrections shall have the effect
of amending this chapter or the prior Official Zoning Map. The new
Official Zoning Map shall be identified by the signature of the Supervisor
of the Lawrence Township, attested by the Clerk and bear the seal
of the Township under the following words: "This is to certify that
this is the Official Zoning Map referred to in this chapter of Lawrence
Township, adopted on 24th Day of October, 2002. Unless the prior Official
Zoning Map has been lost, or has been totally destroyed, the prior
map shall be preserved together with all available records pertaining
to its adoption or amendment."
If, because of the scale, lack of details, or illegibility of
the Official Zoning Districts Map, there is any uncertainty, contradiction,
or conflict regarding the intended location of any district boundaries
shown on the Map, the following shall govern:
A.
Where boundaries follow streets or highways, the center line of the
street or highway shall be the boundary line or lines.
B.
Where boundaries follow the shoreline of a stream, lake or other
body of water, a change in the shoreline shall change the boundaries.
Where boundaries follow the center line of a stream, river, canal
or other bodies of water, a change in the center line shall change
the boundaries.
C.
A boundary indicated as approximately following a recorded lot line
or the line bounding a parcel shall be construed as following such
line.
D.
A boundary indicated as following the municipal boundary line of
a city, village or township shall be construed as following such line.
E.
A boundary indicated as following a railroad line shall be construed
as following the right-of-way.
F.
A distance not specifically indicated in the Official Zoning Map
shall be determined by the scale of the map to the nearest foot. Should
the above not fully explain a question of boundaries, the Zoning Board
of Appeals shall have the authority to make an interpretation on appeal
based upon the aforementioned standards.
A.
General provisions:
(1)
Every building or structure erected, any use of land, building or
structure, any structural alteration or relocation of an existing
building or structure and any enlargement of, or addition to, an existing
use of land, building or structure occurring after the effective date
of this chapter shall be subject to all regulations of this chapter
which are applicable within the zoning district in which such land
use, building or structure shall be located.
(2)
Uses are permitted by right only if specifically listed as uses permitted
by right in the various zoning districts. Accessory uses are permitted
as indicated in the various zoning districts, and if such uses are
clearly incidental to the permitted principal uses. Special uses are
permitted as listed, or where provided for, and if the required conditions
are met.
(3)
A use of land, buildings, or structures not specifically mentioned
in the provision of this chapter shall be classified upon appeal by
the applicant or by request of the Building Official to the Planning
Commission. A decision of the Planning Commission may be appealed
by either party to the Zoning Board of Appeals.
(4)
When setback areas, open space areas, off-street parking areas or
loading areas are required for compliance with this chapter in connection
with any use of land, building or structure, such areas must be located
on the same property as the use of land, building or structure for
which it is required. No part of such areas may be utilized to meet
a similar requirement for any other use, building or structure on
an adjacent property, unless a special use permit is granted by the
Planning Commission.
C.
Zoning of vacated areas. If a street, alley or other public right-of-way
within the Township is vacated by official governmental action and
if the lands within the boundaries thereof attach to and become part
of lands adjoining the street, alley or public right-of-way, such
lands shall automatically acquire and be subject to the same zoning
regulations applicable to adjoining lands and shall be governed by
this chapter.
D.
Zoning of filled land and use of waters. If earthen fill is placed
in any lake or stream, the created land shall automatically and without
further government action acquire and be subject to the same zoning
regulations applicable for lands to which the land attaches or is
adjacent, and the created land shall be used for those purposes as
are permitted under this chapter for the adjoining lands.
E.
Zoning of annexed areas. When property is annexed into the Township,
the Planning Commission shall consider the appropriate district classification
and shall propose an amendment to this chapter concerning the annexed
land to the Board of Trustees within one year of the effective date
of the annexation. In the interim period, the existing zoning regulations
shall remain in effect.
F.
Application of regulations. The right to continue a land use or activity
which is either permitted by this chapter or established as a legal
nonconformity shall be vested with the property rather than with the
current property owner. No rights shall be terminated for reason of
transfer of ownership. The right to continue a land use or activity
shall transfer automatically upon the conveyance of the property as
long as there is no change in the characteristics or increase in the
intensity of use.
The regulations herein established in order to promote the public
health, safety, and general welfare of the residents of Lawrence Township
are uniform throughout each district and shall be applied consistently
to each class of land, building or structure within each district
of this chapter. Within each district so established there are three
categories of uses.
A.
Uses permitted by right. Such uses shall be allowed when in accordance
with the provisions of this chapter.
B.
Use permitted under special conditions. Such use shall be allowed,
subject to the specific conditions imposed for said use in this chapter.
C.
Use permitted by issuance of a special use permit. The special use
permit has been established to facilitate the inclusion within a district
of certain uses which present potential injurious effects upon the
surrounding property, public safety, public health, public services,
or the general welfare of the community.
A.
Intent and purpose. It is the goal of this district to preserve,
enhance, and stabilize existing areas within the Township which are
presently utilized for general and specialized farming and areas which,
because of their soil characteristics and/or natural flora, should
be conserved for agricultural use. Additionally, it is the intent
of this district to promote the orderly and harmonious development
of the Township by preserving predominately rural and agricultural
lands from development and to preserve the essential characteristics
and economic value of these areas as agricultural land.
B.
Uses permitted by right. In the A-1 Agricultural, no building or
parcel shall be used and no building erected except for one or more
of the following specified uses, unless otherwise provided in this
chapter.
(1)
One-family dwelling.
(2)
Field crop and fruit farming, truck gardening, horticulture, aviaries,
hatcheries, apiaries, greenhouses, tree nurseries, and similar agricultural
enterprises along with uses incidental to the above.
(3)
Raising and keeping of cattle, hogs, horses, ponies, and similar
livestock upon a lot having an area of one acre or more.
(4)
Raising and keeping of small animals, such as poultry, rabbits, sheep
and goats.
(5)
Public or private parkland of a noncommercial nature.
(6)
Public and private conservation areas and structures for the conservation
of water, soils, open space, forest, and wildlife resources.
(7)
Public areas, such as forest preserves, game refuges, and forest
type recreation areas, and similar public uses of low intensity recreational
character.
(8)
Child/adult day care or child/adult foster care providing care for
six or fewer individuals.
C.
Uses permitted under special conditions. In addition to the general
requirements of this district, the buildings and uses identified in
this section shall meet the following additional requirements.
(1)
Cemeteries, public or private subject to the provisions of Article VIII, Site Plan Review.
[Amended 4-12-2018]
(2)
Permanent roadside stands selling products grown in Van Buren County provided that contiguous space for the parking of customer vehicles is furnished off the public right-of-way and provided further that all of the requirements for accessory buildings contained in Article IX, Supplemental Regulations, are met.
(3)
Customary home occupations, provided the requirements for home occupations contained in Article IX, Supplemental Regulations, are complied with.
(4)
Public or private educational buildings or uses subject to the provisions of Article VIII, Site Plan Review.
(5)
Any accessory use or building shall be located on the same parcel
as the principal building or contiguous lot or lot separated by a
road or private road. Where a parcel is contiguous to a lot or parcel
fronting on a lake in a different zoning district, customary accessory
uses and buildings are permitted to be constructed, provided that
such uses and buildings are incidental to the residential use.
D.
Uses permitted by special use permit. The following uses of land and structures may be permitted in this district through the application and approval of a special use permit as provided for in Article VII of this chapter. The land uses identified in this section may have additional regulations specified in Article VII of this chapter.
(1)
Religious institutions: churches, convents, parsonages, and other
housing for religious personnel.
(2)
Public buildings or utility structures, which include storage yards,
substations and transformer stations.
(4)
Private airports or landing fields.
(5)
Commercial riding or boarding stables for the hiring, selling, or
boarding or 10 or more horses.
(6)
Campgrounds.
(7)
Greenhouses and nurseries selling at retail on the premises.
(8)
Game hunting or fishing preserves operated for profit.
(9)
Veterinary hospitals, clinics, and commercial kennels.
(10)
Seasonal labor residential complexes associated with agricultural
enterprises.
(11)
Sawmills and associated lumber processing operations.
(12)
Grain and seed elevators and sales: cold storage for cooperative
and/or wholesale agricultural products.
(13)
Golf courses, driving ranges, and country clubs.
(15)
Mobile home park developments.
(16)
Contractor's office.
(17)
Planned unit developments.
(18)
Bed-and-breakfasts.
(19)
Raising and keeping of cattle, hogs, horses, ponies, sheep,
and similar livestock upon a lot having an area less than one acre.
(20)
Wineries, cideries and microbreweries.
[Added 7-13-2017]
(22)
Special event facilities.
[Added 4-12-2018]
(23)
Grower facility: Class A, Class B and Class C, as regulated under § 1-7.2J.
[Added 12-12-2019]
(a)
The facility shall be located on a minimum of 40 acres for outdoor
grow facility and a minimum of 20 acres for indoor grow facility.
The minimum acreage requirement may be comprised of multiple parcels
if the parcels have common ownership and are contiguous to each other.
(b)
The facility, including outdoor grow operations, shall conform with
all setbacks such that no portion of the operation shall intrude into
the setbacks.
(25)
Large solar energy system.
[Added 7-9-2020]
(26)
Wind energy conversion system (WECS).
[Added 7-9-2020]
E.
Site development standards. The following maximum and minimum standards
shall apply to all uses and structures in the A-1 Agricultural District.
(2)
Single-family dwellings, either constructed on site or off site,
shall have a minimum gross foundation area of not less than 1,040
square feet and a minimum width of 20 feet across any horizontal elevation,
exclusive of basements, garages, porches, and breezeways, unless otherwise
allowed in the zoning district.
[Amended by 11-13-2014]
(5)
Maximum building height: Refer to Schedule A.[2] Structures for agricultural operations, such as barns
or silos, may be permitted up to 75 feet in height.
[2]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
A.
Intent and purpose.
(1)
It is the goal of this district to provide low-density residential
development to balance the demand for housing in a rural setting with
the need to preserve the natural and agricultural lands of the Township.
(2)
It is further the intent and purpose of this district to permit development
of low-density residential properties within areas of the Township
presently without public water and sewerage services and likely to
remain without such services for an indefinite period of time.
B.
Uses permitted by right. In the R-1 Residential District, no building
or parcel shall be used and no building erected except for one or
more of the following specified uses, unless otherwise provided in
this chapter.
C.
Uses permitted under special conditions. In addition to the general
requirements of this district, the buildings and uses identified in
this section shall meet the following additional requirements.
(1)
Any accessory use or building shall be located on the same parcel
as the principal building or contiguous lot or lot separated by a
road or private road. Where a parcel is contiguous to a lot or parcel
fronting on a lake in a different zoning district, customary accessory
uses and buildings are permitted to be constructed, provided that
such uses and buildings are incidental to the residential use.
(2)
Customary agricultural operations, including general farming, truck
farming, fruit orchards, nursery, greenhouses, and usual farm buildings,
but subject to the following conditions:
(a)
Horses may be kept on a noncommercial basis when appropriately
housed and fenced. The minimum lot area requirement for the first
horse shall be one acre. For each additional horse to be housed and
fenced on the lot, an additional one acre per horse shall be provided.
(b)
Other customary farm animals may be kept on a noncommercial
basis when appropriately housed and fenced, providing that they do
not create a public nuisance.
(c)
All manure shall be kept out of the boundary setback.
D.
Uses permitted by special use permit. The following uses of land and structures may be permitted in this district through the application and approval of a special use permit as provided for in Article VII of this chapter.
(1)
Religious institutions: churches, convents, parsonages, and other
housing for religious personnel. Public buildings or utility structures,
which include storage yards, substations and transformer stations.
(2)
State-licensed day care or foster care providing care for seven or
more individuals.
(3)
Family accessory housing.
(4)
Private airports or landing fields.
(5)
Commercial riding or boarding stables for the hiring, selling, or
boarding of horses. Special land uses in this category shall require
a minimum of one acre per horse.
(6)
Greenhouses and nurseries selling at retail on the premises.
(7)
Game hunting or fishing preserves operated for profit.
(8)
Veterinary hospitals, clinics, and kennels.
(9)
Seasonal labor residential complexes associated with agricultural
enterprises.
(10)
Sawmills and associated lumber processing operations.
(11)
Grain and seed elevators and sales: cold storage for cooperative
and/or wholesale agricultural products.
(12)
Golf courses, driving ranges, and country clubs.
(14)
Mobile home park developments.
(15)
Contractor's office, provided there is no retail business establishment.
All equipment and material storage on site must be in an enclosed
building.
(16)
Planned unit developments.
(17)
Bed-and-breakfasts.
(19)
Special event facilities.
[Added 4-12-2018]
E.
Site development standards. The following maximum and minimum standards
shall apply to all uses and structures in the R-1 Residential District.
(1)
Dimensional requirements. All applicable requirements of Schedule
A shall be met.
(3)
Single-family dwellings, either constructed on site or off site,
shall have a minimum floor area of not less than 1,040 square feet
and a minimum width of 20 feet across any horizontal elevation, exclusive
of basements, garages, porches and breezeways, unless otherwise allowed
in the zoning district.
[Amended by 11-13-2014]
A.
Intent and purpose.
(1)
It is the goal of this district to provide medium-density residential
development in a traditional subdivision, site condominium, planned
unit development, or cluster housing option which is located in a
geographic area which is recommended by the Comprehensive Development
Plan for this type of development.
(2)
It is further the intent and purpose of this district to permit development
of medium-density residential properties within areas of the Township
which may have, but are not required to have, public water and sewerage
services.
B.
Uses permitted by right. In the R-2 Residential District, no building
or parcel shall be used and no building erected except for one or
more of the following specified uses, unless otherwise provided in
this chapter.
C.
Uses permitted under special conditions. In addition to the general
requirements of this district, the buildings and uses identified in
this section shall meet the following additional requirements:
(1)
Any accessory use or building shall be located on the same parcel
as the principal building or contiguous lot or lot separated by a
road or private road. Where a parcel is contiguous to a lot or parcel
fronting on a lake in a different zoning district, customary accessory
uses and buildings are permitted to be constructed, provided that
such uses and buildings are incidental to the residential use.
(2)
Customary home occupations.
D.
Uses permitted by special use permit. The following uses of land and structures may be permitted in this district through the application and approval of a special use permit as provided for in Article VII of this chapter.
(1)
Religious institutions: churches, convents, parsonages, and other
housing for religious personnel.
(2)
Public buildings or utility structures, which include storage yards,
substations and transformer stations.
(3)
State licensed day care or foster care providing care for seven or
more individuals.
(4)
Accessory apartment or elderly cottage housing opportunity (ECHO).
(5)
Private airports or landing fields.
(6)
Planned unit developments.
(7)
Cluster housing option.
(8)
Public or private educational buildings or uses which receive site plan approval from the Planning Commission under Article VIII.
(9)
Bed-and-breakfasts.
(10)
Any accessory use or building not located on the same parcel
as the principal building.
E.
Site development standards. The following maximum and minimum standards
shall apply to all uses and structures in the R-2 Residential District.
(1)
Dimensional requirements. All applicable requirements of Schedule
A[1] shall be met.
[1]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
(3)
Single-family dwellings, either constructed on site or off site,
shall have a minimum floor area of not less than 1,040 square feet
and a minimum width of 20 feet across any horizontal elevation, exclusive
of basements, garages, porches and breezeways, unless otherwise allowed
in the zoning district.
[Amended by 11-13-2014]
(4)
Duplex dwellings, either constructed on site or off site, shall have
a minimum gross foundation area of not less than 750 square per unit,
exclusive of basements, garages, porches, and breezeways.
(5)
Duplex dwellings shall provide 15,000 square feet of land area per
unit.
A.
Purpose and intent.
(1)
It is the goal of this district to provide residential development
in a waterfront recreational environment, located on an individual
parcel, traditional subdivision, site condominium, planned unit development,
or cluster housing option which is located in a geographic area recommended
by the Comprehensive Development Plan for this type of development.
(2)
It is further the intent and purpose of this district to permit development
of waterfront residential properties within areas of the Township
which may have, but are not required to have, public water and sewerage
services.
B.
Uses permitted by right. In the R-3 Waterfront Residential District,
no building or parcel shall be used and no building erected except
for one or more of the following specified uses, unless otherwise
provided in this chapter.
C.
Uses permitted under special conditions. In addition to the general
requirements of this district, the buildings and uses identified in
this section shall meet the following additional requirements.
(1)
Customary accessory uses and buildings, provided that such uses and
buildings are incidental to the residential use. Any accessory use
or building shall be located on the same parcel as the principal building
or contiguous lot or lot separated by a road or private road.
D.
Uses permitted by special use permit. The following uses of land and structures may be permitted in this district through the application and approval of a special use permit as provided for in Article VII of this chapter.
E.
Site development standards. The following maximum and minimum standards
shall apply to all uses and structures in the R-3 Waterfront Residential
District.
(1)
Dimensional requirements. All applicable requirements of Schedule
A shall be met.[1]
[1]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
(3)
Single-family dwellings, either constructed on site or off site,
shall have a minimum gross foundation area of not less than not less
than 1,040 square feet and a minimum width of 20 feet across any horizontal
elevation, exclusive of basements, garages, porches and breezeways,
unless otherwise allowed in the zoning district.
[Amended by 11-13-2014]
A.
Purpose and intent.
(1)
It is the goal of this district to provide high-density residential
development options in traditional subdivision, site condominium,
planned unit development, or cluster housing options which are located
in a geographic area which is recommended by the Comprehensive Development
Plan.
(2)
It is further the intent and purpose of this district to permit development
of medium-density residential properties within areas of the Township
which presently have, or are likely to have in the future, public
water and sewerage services.
(3)
Additionally, it is the intent of this district to permit the development
of duplex and multiple-family residential structures through the review
and approval of a special use permit.
B.
Uses permitted by right. In the R-4 Residential District, no building
or parcel shall be used and no building erected except for one or
more of the following specified uses, unless otherwise provided in
this chapter.
(1)
One family dwelling, two-family dwellings, and multiple-family dwellings.
(2)
Public buildings, including governmental, utility, or public service
use; excluding storage yards, transformer stations, and substations.
(3)
Public or private parkland of a noncommercial nature.
(4)
Family day care or adult foster care providing care for six or less
individuals.
C.
Uses permitted under special conditions.
D.
Uses permitted by special use permit. The following uses of land and structures may be permitted in this district through the application and approval of a special use permit as provided for in Article VII of this chapter.
(1)
State-licensed day care or foster care providing care for more than
seven individuals.
(2)
Family accessory housing.
(3)
Planned unit developments.
(4)
Public or private educational buildings or uses which receive site plan approval from the Planning Commission under Article VIII.
(5)
Seasonal, residential, recreational camps which meet the site development
standards of the R-4 District.
(6)
Mobile home parks.
E.
Site development standards. The following maximum and minimum standards
shall apply to all uses and structures in the R-4 Residential District.
(1)
Dimensional requirements. All applicable requirements of Schedule
A shall be met.[1]
[1]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
(3)
Dwelling units, either constructed on site or off site, shall have
a minimum gross foundation area of not less than 1,040 square feet
and a minimum width of 20 feet across any horizontal elevation, exclusive
of basements, garages, porches and breezeways, unless otherwise allowed
in the zoning district.
[Amended by 11-13-2014]
(4)
Duplex dwellings shall provide 10,000 square feet of land area per unit and shall meet the requirements of § 1-6.8E(3).
(5)
Multiple-family dwellings shall provide a minimum parcel size of
20,000 square feet for the first unit and 5,000 square feet for each
unit thereafter.
A.
Purpose and intent. It is the intent of this district to provide
areas for low-intensive office, administrative and institutional uses
in geographic locations where adequate public utilities are available
and access is provided by primary streets. The location of this district
shall be compatible with adjacent land uses.
B.
Uses permitted by right:
(1)
Offices for attorneys, accountants, architects, engineers, and similar
professions.
(2)
Offices for financial institutions, real estate offices, insurance
offices, credit reporting agencies, business management and consulting,
and similar business offices.
(3)
Photographic studios.
(4)
Professional services establishments providing human health care
on an outpatient basis.
(5)
Medical, optical and dental offices.
(6)
Medical, optical and dental laboratories.
(7)
Offices for nonprofit organizations, professional associations, labor
unions, civic-social-fraternal organizations, political organizations,
and religious organizations.
(8)
Mortuaries and funeral homes, not including crematories.
(9)
Religious institutions.
(10)
Private educational facilities.
(11)
Public buildings.
C.
D.
E.
Dimensional requirements. The following maximum and minimum standards
shall apply to all uses and structures in the O-1 Professional Office
District.
(1)
Dimensional requirements. Uses and structures in this district shall
meet the requirements of Schedule A.[2]
[2]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
(5)
Maximum building height. Refer to Schedule A.[3]
[3]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
A.
Purpose and intent.
(1)
It is the intent of this district to provide for a variety of commercial
establishments, business firms, and professional offices by right
that offer retail sales and services at logical and sound locations
near the population being served which minimize the day for convenience
goods and services. This district would permit a mixture of land uses
utilizing a variety of setbacks, buffer yards and other means of screening
so as to mitigate or minimize conflicts between neighboring, yet different,
land uses.
(2)
The district is also intended to provide for highway-oriented, shopping
center, and general commercial development which are intended to serve
a greater segment of the population under special conditions and special
use permits. Whether the intensity of the commercial activity is high
or relatively benign, the district shall be developed so as to not
harm adjacent residential areas. Public utilities, public sanitary
sewers and public water systems may be required before the larger,
denser commercial development can proceed.
(3)
Commercial land uses developed within this zoning district should
be in conformance with the recommendations of the Comprehensive Development
Plan.
B.
Uses permitted by right:
(1)
Arcades.
(2)
Boardinghouses and lodging houses/bed-and-breakfasts.
(3)
Convenience commercial establishments.
(4)
Convenience retail.
(5)
Comparison retail.
(6)
General retail and department stores.
(7)
Financial institutions, including drive-through services.
(8)
Medical services.
(9)
Motels and hotels.
(10)
Offices.
(11)
Personal and professional services.
(12)
Rapid copy and FAX centers.
(13)
Restaurants and taverns.
(14)
Secondhand and antique stores.
(15)
Mortuaries and funeral homes.
(16)
Seasonal farm markets.
(17)
Automobile parts sales and tire service.
(18)
Public buildings, public recreation, and open space.
(20)
Single-family dwelling.
C.
Uses permitted under special conditions. Uses permitted Under Special Conditions shall meet the general conditions identified in Article VIII, Site Plan Review, and any requirements identified in Supplemental Regulations (Article IX).
(1)
Customary accessory uses and accessory buildings.
(2)
Churches and other religious institutions.
(3)
Commercial garages (site plan review).
(4)
Drive-in facilities and theaters (site plan review).
(5)
Convalescent/nursing homes (site plan review).
(6)
Off-site parking (within 300 feet of principal use).
(7)
Building materials, hardware, farm equipment and garden supply.
(9)
Automobile service stations.
(10)
Retail greenhouse and nurseries.
(11)
Vehicle sales and service, recreational vehicles.
(12)
Planned shopping centers with less than 100,000 square feet
of floor space.
(14)
Premanufactured housing display and sales (major arterial and
site plan review).
D.
Uses permitted by special use permit. The following uses of land and structures may be permitted in this district through the application and approval of a special use permit as provided for in Article VII of this chapter. The land uses identified in this section may have additional regulations specified Article VII of this chapter.
(1)
Planned shopping center and shopping mall (ten-acre minimum).
(2)
Commercial recreational activities.
(4)
Public service and utility maintenance installations and storage
facilities.
(5)
Commercial indoor weapons firing range.
(6)
Mini warehousing.
(7)
General building contractor establishment with or without outdoor
storage.
(8)
Clinics: veterinary and animal hospital (when entirely indoors).
(9)
Processor
facility.
[Added 12-12-2019]
(10)
Safety compliance facility.
[Added 12-12-2019]
(11)
Secure transporter facility.
[Added 12-12-2019]
E.
Site development standards. The following maximum and minimum standards
shall apply to all uses and structures in the C-1 District.
(1)
Dimensional requirements. Structures and uses within the C-1 Commercial
District shall meet the lot area, lot width, yard setback, lot coverage,
and height requirement as identified in Schedule A.[2]
[2]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
(2)
All commercial and business development under this section shall be subject to site plan review as specified in Article VIII of this chapter.
(3)
Solid waste. All business and commercial establishments shall provide
an approved solid waste disposal system. Trash receptacles/dumpsters
shall be subject to site plan review.
(4)
All exterior lighting shall be directed toward the interior of the
site and not represent a nuisance to adjacent properties.
A.
Purpose and intent.
(1)
It is the intent of this district to provide for a variety of heavy
commercial and light industrial uses by right which are characterized
by relatively low traffic generation and the absence of objectionable
external effects in areas of the Township affording direct access
to county primary roads, railroads and airports. Such areas are intended
to have existing utilities, adequate water source, adequate sewer
and adequate stormwater drainage or retention. Such industrial areas
should be free of noncompatible uses and designed so as not to harm
adjoining land uses. In addition, this district is intended to provide
for more intense industrial development with the approval of a special
use permit in settings which are conducive to public health, economic
stability and growth, protection from blight, deterioration and nonindustrial
encroachment, and efficient traffic movement, including employee and
truck traffic. Land conducive to this intense development shall be
located on roadways and provided with public sanitary sewer, where
possible, adequate water supply and stormwater drainage.
(2)
Industrial and manufacturing uses of land and/or structures should
be in conformance with the recommendations of the Comprehensive Development
Plan.
B.
Uses permitted by right:
(1)
Sales and service of building materials, farm equipment, garden supplies,
heavy equipment, new mobile and modular homes, semitrailers, and containers.
(2)
Heavy construction companies.
(3)
Jobbing and machine shops.
(4)
Mini warehousing/storage.
(5)
Manufacturing (light).
(6)
Printing/publishing houses.
(7)
Research and development establishments.
(8)
Warehousing.
(9)
Monument and art stone production.
(10)
Processing of machine parts.
(11)
Trade/industrial schools.
(12)
Fabricating of small metal products.
(13)
Contractor establishments.
(14)
Grain and feed elevators.
(15)
Nursery or greenhouse.
(16)
Crop land and horticulture without livestock.
(17)
Public and private noncommercial parks and recreation facilities.
(19)
Junkyards.
C.
Uses permitted under special conditions. Uses permitted under special conditions shall meet the general conditions identified in this section, Article VIII, Site Plan Review, and any requirements identified in Article IX, Supplemental Regulations.
(1)
Public service and utility maintenance and storage facilities.
(2)
Commercial indoor weapons range.
(3)
Open outdoor storage.
(4)
Truck terminal.
(5)
Off-site parking (within 300 feet of principal use).
(6)
Industrial laundry.
(7)
Wholesale business without storage of flammable liquids or combustible
material.
(8)
Office incidental to the industrial use.
(9)
Restaurant or tavern without drive-through service.
(10)
Veterinary clinic and animal hospital with indoor kennels.
D.
Uses permitted by special use permit pursuant to Article VII of this chapter:
(1)
The aboveground or underground storage and sale of hazardous materials,
if permitted by and in compliance with state and federal law and regulations.
[Amended 4-12-2018]
(2)
Cement and asphalt plants.
(3)
Communication/commercial towers.
(4)
Drop forging, punch pressing, plating, and chemical processes.
(5)
Metal and wood stripping establishments.
(6)
Industrial parks.
(7)
Automobile salvage and junkyards.
(8)
Livestock auction yard and livestock transport facilities.
(9)
Refineries and power generating plants.
(10)
Rail terminals.
(11)
Meat or poultry processing plant and/or slaughterhouses.
(12)
Dry bulk blending plant and/or handling of liquid.
(13)
Nitrogen fertilizer and anhydrous ammonia.
(14)
Repair and temporary storage of damaged mobile homes.
(15)
Wood processing facility.
(16)
Impound lots.
(17)
Junkyards.
(18)
Grower facility: Class A, Class B and Class C, as regulated under § 1-7.2J. However, the grower facilities must be in a fully enclosed building; there are no outdoor grower facilities permitted in I-1.
[Added 12-12-2019]
(19)
Processor facility.
[Added 12-12-2019]
(20)
Safety compliance facility.
[Added 12-12-2019]
(21)
Secure transporter facility.
[Added 12-12-2019]
E.
Site development requirements. The following maximum and minimum
standards shall apply to all uses and structures in the I-1 District.
(1)
Dimensional requirements. Structures and uses within the I-1 District
shall meet the lot area, lot width, lot setback, lot coverage, and
height requirement as identified in Schedule A.[1]
[1]
Editor's Note: Schedule A, Zoning Ordinance–Dimensional Regulations, is included as an attachment to this chapter.
(2)
External areas for storage are permitted when screened on all sides
by an opaque fence of not less than six feet in height.
[Added 12-12-2002]
A.
Purpose and intent.
(1)
In accordance with Public Act 177 of 2002,[1] this district is intended to provide an alternative to
traditional subdivisions pursuant to the Zoning Enabling Act (P.A.
110 of 2006, MCLA § 125.3101 et seq.) for the purpose of
encouraging the use of Township land in accordance with its character
and adaptability; assuring the permanent preservation of open space,
agricultural lands, and other natural resources; allowing innovation
and greater flexibility in the design of the residential developments;
facilitating the construction and maintenance of streets, utilities
and public services in a more economical and efficient manner; ensuring
compatibility of design and use between neighboring properties; and
encouraging a less sprawling form of development, thus preserving
open space as undeveloped land.
[Amended at time of adoption of Code (see Ch. 20, Code Adoption,
Art. II)]
[1]
Editor's Note: See MCLA § 322.319.
(2)
Open space development has numerous environmental and community benefits,
including:
(a)
Reduces the impervious cover in a development. Impervious cover
contributes to degradation of water resources by increasing the volume
of surface runoff and preventing infiltration of rainfall into the
soil surface.
(b)
Reduces pollutant loads to streams and other water resources.
(c)
Reduces soil erosion potential by reducing the amount of clearing
and grading on the site.
(d)
Preserves green space.
(e)
Preserves open space for recreation.
(f)
Reduces the capital cost of development.
(g)
Reduces the cost of stormwater management.
(h)
Provides a wider range of feasible sites to manage stormwater.
(i)
Reduces the cost of public services needed by the development.
(j)
Can increase future property values.
(k)
Preserves/creates wildlife habitat.
(l)
Creates a sense of community and pedestrian movement.
(m)
Can support other community planning goals, such as farmland
preservation, affordable housing and architectural diversity.
(3)
It is the desire of Lawrence Township to protect the natural community
resources by promoting open space development within the jurisdiction.
These regulations are intended to preserve a traditional rural character
to the land use pattern within the Township through the creation of
small residential nodes contrasting with open space and less intensive
land uses. These regulations are intended to result in a specific
development substantially consistent with zoning ordinance standards,
yet allow for modifications from the general standards. The Open Space
Overlay District shall be established as an overlay district applicable
to the following districts:
B.
Scope. For the purposes of this article, an "open space community"
is defined as a predominately single-family residential development
in which dwelling units are placed in close proximity in one or more
groupings within a defined project area. The dwelling units are separated
from adjacent properties or other groupings of dwellings by substantial
open space that is and will remain in an undeveloped state. Dwelling
units other than single-family units, such as duplexes, attached condominium
units, or apartments, commercial, office, and those permitted in the
underlying district, are permitted when the project has a minimum
gross site area of 25 acres.
C.
Eligibility.
(1)
Minimum project size. The minimum size of an open space community
shall be five acres of contiguous land.
(2)
Open space. The proposed development shall preserve a minimum of
50% of the gross land area as open space, maintained in an undeveloped
state.
(3)
Unified control. The proposed development shall be under single ownership
or control, such that there is a single person or entity having proprietary
responsibility for the full completion of the project. The applicant
shall provide sufficient documentation of ownership or control in
the form of agreements, contracts, covenants, and/or deed restrictions
that indicate that the development will be completed in its entirety
as proposed.
(4)
Open space requirements:
(a)
The applicant shall guarantee to the satisfaction of the Township
Planning Commission that all open space portions of the development
will be set aside by the developer through an irrevocable conveyance
that is found acceptable to the Planning Commission, such as recorded
deed restrictions, covenants that run perpetually with the land or
a conservation easement.
(b)
The conveyance shall assure that the open space will be protected
from all forms of development, except as shown on an approved site
plan, and shall never be changed to another use. The conveyance shall
also indicate the proposed allowable use(s) of the dedicated open
space; require that the dedicated open space be maintained by parties
who have an ownership interest in the open space (such as a homeowner's
association); provide standards for scheduled maintenance of the open
space; and provide for maintenance to be undertaken by Lawrence Township
in the event that the dedicated open space is inadequately maintained
or is determined by the Township to be a public nuisance, with the
assessment of costs upon the property owners.
(c)
The conveyance shall provide that residents of the development
have access to the open space at all times and dictate whether open
space is for the sole benefit of the development or may be open to
residents of the Township.
(d)
The following land areas are not included as dedicated open
space for the purposes of this article: setbacks and lawns (lots),
the area of any street right-of-way or any portion of the project
used for commercial purposes.
(e)
The dedicated open space shall forever remain open space, subject
only to uses approved by the Township on the approved site plan. Further
subdivision of open space land or its use for other than recreation,
conservation or agricultural purposes (except for easements for utilities
and septic systems) shall be strictly prohibited. Any changes to the
open space not designated on the approved plan shall be approved by
the Lawrence Township Planning Commission.
(f)
The following are considered high priorities for inclusion in
designated open space: resource buffers, high-quality forest resources,
individual trees, critical flora/fauna habitat areas and/or high-quality
soil resources.
(g)
At least 75% of designated open space shall be contiguous, with
no portion less than 100 feet wide.
(h)
Impervious cover, tennis courts, paved walkways, picnic shelters,
etc.) shall not exceed 5% of the total open space area.
D.
Design criteria.
(1)
The total number of residential units allowable within an open space
development shall not exceed the number of units that would otherwise
be allowed in the existing zoning district using conventional development
after exempting out all existing and proposed road and utility rights-of-way
and any land that includes wetlands, submerged areas, land within
the 100-year floodplain, and slopes of 25% or greater.
(2)
Frontage distance may be reduced to 25% of the underlying zoning
district requirements.
(3)
Rear, front, and side yard setbacks may be reduced to 50% of the
requirements in the underlying zoning district.
(4)
Lot size may be reduced to 25% of the area required in the underlying
district.
(5)
Irregular lot shapes and shared driveways are permitted in open space
design.
(6)
Open space developments may incorporate duplex, attached residential
units and/or apartment units so long as the overall permitted density
of the development are maintained.
(7)
Open space developments may incorporate commercial land use components,
provided that the following are met:
(a)
The total area occupied by the commercial land uses may not
exceed 5% of the gross area of the open space community, or a maximum
of five acres, whichever is less.
(b)
All commercial uses shall be compatible with the residential
area.
(c)
The Planning Commission finds that the architectural design
of the structures is compatible with the balance of the development.
(d)
All commercial structures are connected to a pedestrian access
system servicing the project.
(e)
All parking and loading areas serving the commercial uses shall
be to the rear of the commercial structure and fully screened from
view of any public roadway.
(f)
The allowable commercial uses within such an area shall be recorded
as a deed restriction on the property and shall be restricted to the
following:
[1]
Food and beverage stores.
[2]
Personal service establishments such as hair salons, barbershops,
tailors, dry-clean pickup and dropoff (no processing) and similar
uses.
[3]
Child-care/day-care centers, preschool, public and private K
through 12 schools.
[4]
Convalescent homes and retirement homes.
[5]
Offices for professionals, including doctor, dentist, attorney,
engineer, accountant, architect, financial consultant or broker, publisher,
real estate, secretarial services and similar uses.
(8)
Direct access onto a county road shall be required for an open space
community.
(9)
If an existing use of the property shall remain after the open space
development is approved, it must be incorporated into the development
plan.
E.
Site plan review and approval process.
(1)
An application for approval of an open space community plan shall
be executed by or on behalf of the landowner and filed with the Township
Building Official. A filing fee as set forth by resolution of the
Township Board, payable to the Township, shall be submitted with the
application.
(2)
Plan requirements. A site plan shall be required per Article VIII of this chapter, regardless of uses. Additionally, the applicant shall be required to submit the following.
(a)
Statement of purpose.
(b)
General plan of development, including designation of proposed
land uses by relative intensity and proportion of land area intended
for each land use.
(c)
Program and time line of development outlining the proposed
stages of development. In the case of plans which call for development
over a period of years, a schedule showing the time within which application
for final approval of all parts of the planned development are intended
to the filed.
(d)
The location, function, ownership and manner of maintenance
of common open space.
(e)
The use, location, approximate height, bulk and location of
buildings and other structures.
(f)
The plan for disposition of sanitary waste and stormwater.
(g)
The substance of covenants, grants of easement or other restrictions
to be imposed upon the use of the land, buildings and structures,
including proposed easements for public utilities.
(h)
The location and width of proposed streets and the relationship
of proposed streets and other public facilities in proximity to the
development.
(i)
The proposed conditions and form of performance bonds or irrevocable
bank letters of credit to ensure the proper implementation of the
plan.
(3)
A public hearing shall be held by the Planning Commission on the
tentative plan for an open space community, and a report and recommendation
thereof submitted to the Township Board.
(4)
The Township Board shall hold a public hearing on the tentative plan.
The tentative plan may be approved, approved subject to modifications,
or rejected by the Township Board, after a report and recommendation
from the Planning Commission.
(5)
Approval by the Township Board of a tentative plan shall constitute
the rezoning of the subject land to OS, open space.
(6)
Approval by the Township Board of a tentative plan shall qualify
an area for application for approval of a final plan and development
as an open space community for two years. If a final plan is not approved
for development within such time, the Board may extend the designation
for an additional two-year period, or initiate rezoning proceedings
to redesignate the property to the land use classification previously
existing or the land use that would be deemed suitable for the property.
(7)
Final plan for development of open space.
(a)
A final plan for development of the open space community shall
be submitted to the Planning Commission for review and approval. The
application for approval conditions and form of bonds as were set
forth by resolution at the time of tentative approval. In accordance
with the schedule proposed in the application for a tentative approval,
the applicant may elect to submit for final approval on a portion
of the development. The final plan shall be in substantial compliance
with the previously approved tentative plan approved by the Township
Board and shall not:
(b)
If the final plan varies more than the limits set forth in Subsection E(7)(a)[1] through [3] above, the Township Board must approve the final plan after a public hearing.
(8)
After a final plan is approved, construction must start within 12
months. If development is not begun within such time, the final plan
must be resubmitted for approval.
[Added 3-10-2022]
A.
Purpose and intent.
(1)
In accordance with the Zoning Enabling Act (P.A. 110 of 2006, MCLA
§ 125.3101 et seq.) and the Planning Enabling Act (Act 33
of 2008, MCLA § 125.3801 et seq.), this district is intended
to overlay existing zoning districts and provide an alternative to
development within those districts under certain conditions.
(2)
This section's purpose is to encourage the use of Township land in
accordance with its Master Plan; assure the preservation of the agricultural
nature of the Township; reduce barriers to agricultural businesses
suited to redevelop closed and/or blighted facilities and undeveloped
properties; and encourage the marihuana industry to focus its development
near these properties and existing marihuana facilities.
B.
Findings. The Township finds that marihuana facilities may under
certain circumstances provide a benefit to the community, are consistent
with its Master Plan, and can avoid negative aesthetic issues associated
with them if certain conditions are met:
(1)
The existence of underutilized land, blighted properties, and closed
factories and facilities decreases area property tax values, affects
the overall economy in that there is either a loss (closed facility)
or lack (undeveloped land) of jobs, and generally harms the community.
Due to the agricultural nature of the Township, there are few industries
that can take over a formerly closed facility or factory, and few
industries willing to develop these underutilized properties.
(2)
The marihuana industry is one such industry, as it needs enclosed
facilities to grow year-round to meet market demand. Further, the
negative aesthetic issues around the marihuana industry can be mitigated
by the use of smell-mitigating technology, and the use of enclosed
facilities, buffers, shielding, clustering, and other methods of mitigation.
(3)
To the extent parcels placed into the overlay on this date are in
a commercial or agricultural district, the Township finds their use
has not developed or maintained development in a meaningful way, consistent
with that zoning, and allowing enclosed agricultural operations may
actually be more consistent with the properties' potential use and
Master Plan. As such, an overlay related to agricultural operations,
which adopts a flexible use of the property, is warranted.
(4)
The properties incorporated into the Marihuana Agribusiness Overlay
District on this date are either undeveloped, contain largely blighted
or unused structures, currently contain marihuana agribusinesses,
or are surrounding properties to the aforementioned.
C.
Districts. These regulations are intended to result in development
substantially consistent with Zoning Ordinance standards and the Master
Plan. The Marihuana Agribusiness Overlay District shall be established
as an overlay district applicable to the following districts:
D.
Scope. For the purposes of this article, a "marihuana agribusiness" is defined as a grower facility and/or processor facility under § 1-4.3 [definition of "medical and/or recreational marihuana facility," Subsection A(1) and (2), respectively]. For parcels where the underlying zoning district is C-1 Commercial, a "marihuana agribusiness" is also defined as a retail facility under § 1-4.3 [definition of "medical and/or recreational marihuana facility," Subsection A(5)].
[Amended 10-13-2022]
E.
Eligibility.
(1)
The parcels in the Marihuana Agribusiness Overlay District at this
time include the following:
[Amended 8-10-2023]
(a)
80-13-019-005-10.
(b)
80-13-019-002-11.
(c)
80-13-018-007-10.
(d)
80-13-012-010-00.
(e)
80-13-012-001-00.
(f)
80-13-012-024-00.
(g)
80-13-012-022-25.
(h)
80-13-012-022-30.
(i)
80-13-017-015-01.
(j)
80-13-020-001-00.
(k)
80-13-021-001-00.
(l)
80-13-021-006-00.
(m)
80-13-022-033-01.
A map is hereby adopted and may be amended from time to time
by resolution of the Township Board. See attached.[1]
[1]
Editor's Note: The updated Zoning Map is included as an attachment to this chapter.
(n)
80-13-022-003-01.
(o)
80-13-022-033-10.
(2)
In reviewing additions to the Marihuana Agribusiness Overlay District
in the future, the Township shall focus on the circumstances surrounding
the properties, including whether they are vacant or underutilized
properties, or blighted or vacant buildings, as well as clustering
marihuana agribusinesses together.
F.
District restrictions.
(1)
Underlying Lawrence Township zoning district restrictions on the
parcels enrolled in the Marihuana Agribusiness Overlay District, including
those of the underlying zoning district, remain in full force and
effect except as modified herein.
(2)
Marihuana agribusinesses within the Marihuana Agribusiness Overlay
District are to be considered a use permitted under special conditions
instead of a use permitted by issuance of a special use permit.
G.
Use permitted under special conditions. A marihuana agribusiness
may utilize property within the Marihuana Agribusiness Overlay District
without special use permit approval, subject to the following conditions:
(2)
They must comply with all state, county, and Township laws and regulations.
(3)
The property must obtain site plan approval.
(a)
For all buildings in existence at the time of this section's
adoption, or that exist at the time the parcel upon which they sit
is incorporated into the Marihuana Agribusiness Overlay District,
they must obtain administrative site plan review and approval by the
Zoning Administrator to confirm compliance with the conditions herein.
(b)
For all other buildings or expansions of buildings, the Planning
Commission must review and approve the site plan to the extent that
they would if the project was governed by a special use permit.
(c)
The site plan review for fencing and other site plan requirements
that do not involve a building is administrative.
(4)
All grow operations must be contained within an enclosed facility.
(a)
No garbage or dumpsters may be visible from neighboring properties.
(b)
Smell-mitigating technology, including carbon filtration, air
treatment systems, neutralizing agents, and oxidation systems that
prevent the odors from the facility from being discernable by the
human nose at the property line, shall be used.
(5)
Infrared cameras must be used to avoid light pollution at night.
No lights on the visible spectrum may be visible outside of buildings
at night except as required by law (such as Public Act 154 of 1974,
MIOSHA).[2] No light may be visible through windows of the facility.
To the extent lights are required, they shall be directed away from
neighboring properties and shall not exceed the minimum number of
lumens to meet their purpose.
[2]
Editor's Note: See MCLA § 408.1001 et seq.
(6)
No loading and unloading can occur at the facility before 7:00 a.m.
and after 9:00 p.m.
(7)
Setback and acreage relief.
(a)
The parcel twenty-acre requirement for indoor grow facilities
is inapplicable to indoor grow facilities in the Marihuana Agribusiness
Overlay District.
(b)
The general setback requirements for the underlying zoning district
govern the siting of marihuana agribusinesses within the Marihuana
Agribusiness Overlay District. There are no marihuana-specific setback
or minimum separation requirements in the Marihuana Agribusiness Overlay
District, for example, the requirement that a processor facility be
100 feet from right-of-way and property lines is inapplicable in the
overlay district, and the minimum separation distances from a permanent
dwelling, whether or not occupied, are inapplicable.
(c)
A nonconforming structure may be utilized irrespective of setbacks
if otherwise in conformity with the requirements of the Marihuana
Agribusiness Overlay District.
(8)
Noxious smell.
[Amended 8-10-2023]
(a)
To mitigate malodorous emissions, buildings used for grower
and/or processor facilities shall be equipped with one of the following:
[1]
An activated carbon filtration system for odor control to ensure
that air leaving the building through an exhaust vent first passes
through an activated carbon filter. The filtration system shall consist
of one or more fans and activated carbon filters. The filter(s) shall
be rated for the applicable CFM of exhaust air. The filtration system
shall be maintained in working order and shall be in use whenever
growing and/or processing activities are occurring. The filters shall
be changed a minimum of once every 365 days or as determined by the
manufacturer's recommendations.
[2]
An active odor elimination system, non-VOC (volatile organic
compound) type, for odor control to ensure that air leaving the building
through an exhaust vent first passes through a misting type of odor
eliminator device. The product used for odor elimination shall not
mask odors or replace one odor with another less-obtrusive odor, but
rather shall neutralize the odors produced within the space. The system
shall consist of one or more fans and misting rings. The misting rings
shall be rated for the applicable CFM of exhaust air and fan(s) dimension(s).
The odor elimination system shall be maintained in working order and
shall be in use whenever growing and/or processing activities are
occurring.
[3]
An alternative odor control system is permitted if the applicant
submits and the Township of Lawrence Planning Commission accepts a
report by a mechanical engineer licensed by the State of Michigan
demonstrating that the alternative system will control odor as well
as or better than the activated carbon filtration system otherwise
required. The Township of Lawrence may hire an outside expert to review
the alternative system design and advise as to its comparability and
whether, in the opinion of the expert, it should be accepted.
|
For all systems: At a minimum, the fan(s) shall be sized for
cubic feet per minute (CFM) equivalent to the volume of the building
(length multiplied by width multiplied by height) divided by three.
Negative air pressure shall be maintained inside the building. Doors
and windows shall remain closed, except for the minimum length of
time needed to allow people to ingress or egress the building.
|
(b)
This standard does not relate to purity.
(9)
Sign limitations.
(a)
Unless required by law, no signs with any content may be legible,
nor may images be discernible, from neighboring properties, except
retail business may post one freestanding sign that does not exceed
30 square feet per side and no more than 16 feet in height and one
nonanimated window sign, not exceeding two square feet, indicating
whether the business is open or closed. "Nonanimated" means the sign
cannot include action, motion, flashing, or color changes, or the
optical illusion of action, motion, flashing, or color changes. No
signs shall be artificially illuminated when the business is not open.
[Amended 10-13-2022]
(10)
Buffer zone.
(a)
Unless contained within an existing facility at the time the
property was placed within the Marihuana Agribusiness Overlay District,
the following buffer requirements apply:
[1]
The marihuana agribusiness must be shielded from view of neighboring
lots by the planting of buffers around the property. Where planting
is not possible, privacy fencing must be utilized. Where a building
abuts neighboring lots preventing fencing or the planting of a buffer,
or the building is visible despite said shielding, the facade and
visible portions of the building must be updated with painting, siding,
and roofing, unless previously painted, sided, or reroofed within
the last 10 years.
H.
Nonelection. Nothing herein shall prevent the marihuana agribusiness
from submitting a special use permit application pursuant to the requirements
in the underlying zoning district in which the property sits. Nothing
herein shall bar a request for a variance from either the Marihuana
Agribusiness Overlay District's or the underlying zoning district's
requirements. This may allow the applicant to avoid conditions herein
to the extent those conditions could be avoided pursuant to the special
use permit process or pursuant to a variance.
I.
Nonvesting. A marihuana agribusiness utilizing this overlay district
establishes no vested right to continue the business and upon the
termination of this overlay district would be required to obtain a
special use permit.
