It is the purpose of this article to provide regulations for
miscellaneous and other requirements that may or may not apply in
all zoning districts.
A.
Application of regulations.
(1)
Administrative review.
(a)
Buildings and structures used, in whole or in part, for agricultural
processing or food storage that meet the following area thresholds
shall be reviewed administratively. The thresholds qualifying these
uses for administrative review include:
(b)
The building/structure area applies whether the subject building
is existing, new, and/or an addition to an existing building.
(2)
Administrative review process. The administrative review process
shall be conducted as follows:
(a)
A property survey, drawn to scale with dimensions, and showing
property lines and all structures and other improvements shall be
submitted to the Township with an application for zoning compliance.
(b)
The Zoning Administrator shall review the application and supporting
materials, using the standards of this section and other applicable
provisions of this chapter. The Zoning Administrator shall provide
approval or denial within 135 days from the date the complete application
is submitted. If the application is denied, the Zoning Administrator
shall notify the applicant in writing of such action and reasons for
such rejection.
B.
Standards.
(1)
Locally/regionally grown materials. Raw agricultural products
processed and/or stored at such facility shall be locally/regionally
grown and obtained from Michigan farms within a radius of no more
than 100 miles from the facility.
(2)
Setbacks. Facilities used for agricultural processing and/or
food storage shall be set back a minimum of 100 feet from any adjacent
residential structure.
(3)
Parking. Parking areas and surfaces shall be adequate to accommodate
anticipated traffic and vehicles on-site. No parking or maneuvering
lanes shall be permitted within any road right-of-way.
(4)
Hours of operation. The facility shall not create a nuisance
to nearby property owners, and shall operate any time between the
hours of 7:00 a.m. and 7:00 p.m.
(5)
Other permits. All other required permits shall be obtained.
A.
Application of regulations.
(1)
Community supported agriculture or associated distribution/pickup
center, u-pick operations, and farm markets occupying less than 1,500
square feet shall be reviewed administratively. The administrative
review process shall be conducted as follows:
(a)
A property survey, drawn to scale with dimensions, and showing
property lines and all structures and other improvements shall be
submitted to the Township with an application for zoning compliance.
(b)
The Zoning Administrator shall review the application and supporting
materials, using the standards of this section and other applicable
provisions of this chapter. The Zoning Administrator shall provide
approval or denial within 135 days from the date the complete application
is submitted. If the application is denied, the Zoning Official shall
notify the applicant in writing of such action and reasons for such
rejection.
(2)
Community supported agriculture or associated distribution/pickup
center, u-pick operations, and farm markets occupying 1,500 square
feet or more shall require review and approval from the Planning Commission.
B.
Standards.
(1)
Locally/regionally grown farm products. Agriculture products
distributed or sold at such facility shall be locally/regionally grown
and obtained from Michigan farms within a radius of no more than 100
miles from the facility. For value-added products sold at any facility,
at least 50% of the products' namesake ingredient must be produced
by a Michigan farm within 100 miles of the facility.
(2)
Minimum lot area. Minimum lot area shall be 2.5 acres.
(3)
Setbacks. Facilities or areas used for CSA or farm markets shall
be set back a minimum of 100 feet from any adjacent residential structure.
(4)
Parking. Adequate parking for the maximum number of expected
patrons must be provided on-site and outside of any road right-of-way.
Parking lot and maneuvering lane surfaces shall be adequate for the
number and types of vehicles accessing the facility.
(5)
Hours of operation. The facility shall operate any time between
the hours of 7:00 a.m. and 7:00 p.m.
(6)
Lighting. Lighting used in the operation of the CSA and/or farm
market shall be downward facing and shielded to minimize light trespass
onto adjacent properties. Lights, other than those needed only for
security, shall not be turned on when the CSA, or farm market facility
is not in use.
(7)
Nuisances. The CSA or farm market facility shall not create
nuisances for adjacent property owners. Such nuisances include, but
are not limited to, amplified music or sounds, excessive dust or odors,
and/or traffic that cannot be accommodated on-site.
(8)
Other permits. All other required permits shall be obtained.
(9)
Other marketing strategies. Other marketing strategies, activities,
and services designed to attract and entertain customers while they
are at the CSA or farm market require additional review by the Township,
the Planning Commission, and/or the Township Board.
A.
Application of regulations. The following agricultural commercial/tourism
businesses may be permitted after conditional land use review:
(1)
Cider mills or wineries selling product in a tasting room, containing
at least 50% of crops or produce grown on-site.
(2)
Seasonal outdoor mazes of agricultural origin, such as straw
bales or corn.
(3)
The processing, storage and retail or wholesale marketing of
agricultural products into a value-added agricultural product in a
farming operation if at least 50% of the stored or processed, or merchandised
products are produced by the farm operator.
(4)
U-pick operations.
(5)
Uses listed in Subsection A(1) through (4) above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the business is maintained and the income from these activities represents less than 50% of the gross receipts from the business.
(a)
Value-added agricultural products or activities, such as education
tours of processing facilities, etc.
(b)
Playgrounds or equipment typical of a school playground, such
as slides, swings, etc. (not including motorized vehicles or rides).
(c)
Petting farms, animal display, and pony rides.
(d)
Wagon, sleigh, and hayrides.
(e)
Nature trails.
(f)
Open air or covered picnic area with restrooms.
(g)
Educational classes, lectures, seminars.
(h)
Historical agricultural exhibits.
(i)
Kitchen facilities, for the processing, cooking, and/or baking
of goods containing at least 50% produce grown on site.
(j)
Gift shops for the sale of agricultural products and agriculturally
related products. Gifts shops for the sale of non-agriculturally related
products, such as antiques or crafts, limited to 25% of gross sales.
(6)
Other commercial/tourism business that are complementary and
accessory to the primary agricultural land use of the subject property,
including but not limited to: a) small-scale entertainment (e.g.,
music concert, car show, art fair), b) organized meeting space (e.g.,
for use by weddings, birthday parties, and corporate events.), c)
designated, permanent parking for more than 20 vehicles.
B.
Standards.
(1)
Minimum lot area of 10 acres.
(2)
A 200-foot open buffer shall be provided on all sides of the
property not abutting a roadway. Agricultural commercial/tourism business
activities shall not be allowed within this buffer area. Where possible,
crops shall remain within this buffer area to help maintain the agricultural
character of the site.
(3)
Buffer plantings shall be provided along the property line where
there is an abutting residence. Greenbelt plantings are intended to
screen views of the proposed operation from the adjacent home or property.
Buffer plantings shall meet the standards of § 40-13.02.
(4)
Must provide off-street parking to accommodate the use as outlined in Article XII.
(a)
Parking facilities may be located on a grass or gravel area
for seasonal uses, such as roadside stands, u-pick operations, and
agricultural mazes. All parking areas shall be defined by either gravel,
cut lawn, sand, or other visible marking.
(b)
All parking areas shall be located in such a manner as to avoid
traffic hazards associated with entering and exiting the public roadway.
(c)
Parking shall not be located in required setback or buffer areas.
Paved parking areas must meet all design and landscape screening requirements
as set forth in this chapter.
(5)
The following additional operational information must also be
provided as applicable:
(a)
Ownership of the property.
(b)
Months (season) of operation.
(c)
Hours of operation.
(d)
Anticipated number of customers.
(e)
Maintenance plan for disposal, etc.
(f)
Any proposed signs.
(g)
Any proposed lighting.
(h)
Maximum number of employees at any one time.
(i)
Restroom facilities.
(j)
Verification that all required permits have been granted, i.e.,
federal, state, and local permits.
(6)
All areas of the property to be used, including all structures
on-site, must be clearly identified.
A.
Adult foster-care family homes serving six persons or fewer. A state-licensed
adult foster-care home, foster family home, or foster family group
home serving six persons or fewer shall be considered a residential
use of property and a permitted use in all residential districts.
B.
Adult foster-care small group homes serving between seven and 12
persons.
(2)
The subject parcel shall meet the minimum lot area requirements
for the zoning district in which it is located, provided that there
is a minimum site area of 2,000 square feet per adult, excluding employees
and/or caregivers.
(3)
The property is maintained in a manner that is consistent with
the character of the neighborhood.
(4)
One off-street parking space per employee and/or caregiver shall
be provided.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
C.
Adult foster-care large group homes serving between 13 and 20 persons.
(1)
A separate dropoff and pickup area shall be required adjacent
to the main building entrance, located off of a public street and
the parking access lane, and shall be of sufficient size so as not
to create congestion on the site or within a public roadway.
(3)
The subject parcel shall meet the minimum lot area requirements
for the zoning district in which it is located, provided that there
is a minimum site area of 2,000 square feet per adult, excluding employees
and/or caregivers.
(4)
The property is maintained in a manner that is consistent with
the character of the neighborhood.
(5)
One off-street parking space per employee and/or caregiver and
one visitor shall be provided.
(6)
Appropriate licenses with the State of Michigan shall be maintained.
D.
Adult foster-care congregate facilities serving more than 20 persons.
(1)
A separate dropoff and pickup area shall be required adjacent
to the main building entrance, located off of a public street and
the parking access lane, and shall be of sufficient size so as to
not create congestion on the site or within a public roadway.
(3)
The subject parcel shall meet the minimum lot area requirements
for the zoning district in which it is located, provided that there
is a minimum site area of 2,000 square feet per adult, excluding employees
and/or caregivers.
(4)
The property is maintained in a manner that is consistent with
the character of the neighborhood.
(5)
One off-street parking space per employee and/or caregiver and
one visitor shall be provided.
(6)
Appropriate licenses with the State of Michigan shall be maintained.
(7)
The maximum length of an uninterrupted building facade facing
public streets and residentially zoned or used property shall be 30
feet. Facade articulation or architectural design variations for building
walls facing the street are required to ensure that the building is
not monotonous in appearance. Building wall offsets (projections and
recesses), cornices, varying building materials, or pilasters shall
be used to break up the mass of a single building.
(8)
Such facilities may include multipurpose recreational rooms,
kitchens, and meeting rooms. Such facilities may also include medical
examination rooms and limited space for ancillary services for the
residents of the facility, such as barber and beauty facilities.
A.
Maximum density. The maximum allowable density varies by housing
type, but shall not exceed the following:
(1)
Dwellings may be provided for as single-family detached, two-family
or multiple-family units. When such dwellings contain kitchens, the
minimum site area requirements for purposes of calculating density
shall be as follows:
|
Table 11.06.A-1
| |
|---|---|
|
Dwelling Unit Size
|
Site Area Required Per Unit
(square feet)
|
|
Efficiency/1-bedroom
|
2,000
|
|
2-bedroom
|
2,500
|
|
Each additional bedroom
|
500 additional per bedroom
|
(2)
Where facilities do not contain kitchen facilities within individual
dwelling units, the site area per bed shall be 1,500 square feet.
B.
Height, lot coverage, and setbacks. Height, lot coverage and setback requirements of the multiple-family districts as set forth in Article IV, multiple-family residential requirements, shall apply.
C.
Parking. Parking is not allowed in any required front yard. Parking
is permitted in side and rear yards, provided that a minimum twenty-foot
setback is observed.
D.
Facade. The maximum length of an uninterrupted building facade facing
public streets and residentially zoned or used property shall be 30
feet. Facade articulation or architectural design variations for building
walls facing the street are required to ensure that the building is
not monotonous in appearance. Building wall offsets (projections and
recesses); cornices, varying building materials or pilasters shall
be used to break up the mass of a single building.
E.
Dropoff and pickup area. A separate dropoff and pickup area shall
be required adjacent to the main building entrance, located in a manner
that will not create congestion on the site or within a public roadway.
A.
Standards. The limit upon the number of persons who may reside as
a functional equivalent of the domestic family may be increased or
enlarged upon a demonstration by the applicant of all of the following:
(1)
There are adequate provisions on the subject property for off-street
parking for each adult proposed to reside on the premises, and adequate
storage for each person proposed to reside on the premises;
(2)
The extent of increase or enlargement of the limit upon the
number of persons shall not, considered cumulatively with existing
and reasonable projected population concentration in the area, place
an unreasonable burden upon public services, facilities, and/or schools;
(3)
There shall be a minimum of 125 square feet of usable floor
space per person on the premises; and
(4)
If the property in question is not serviced with public water
and/or sewer facilities, an approval under this section shall be conditioned
upon approval by the County Health Department of the number of persons
on the premises in relation to sanitary sewage and water facilities.
B.
Planning Commission determination. If the Planning Commission grants
an application under this provision, the determination shall include
the specific maximum number of persons authorized to reside on the
property, and any minimum parking or storage requirements to be maintained.
A.
Site area. All such facilities shall be developed on sites having
a minimum area of one acre, or 2,000 square feet of site area for
each one bed in the facility, or for each person cared for in the
facility, whichever is greater. Within this area, a minimum of 500
square feet of contiguous open space shall be provided, apart from
areas required for vehicular uses, for each bed or for each person
cared for within the capacity of the building.
B.
Ingress and egress. The proposed site shall have at least one property
line abutting and restricting all vehicular ingress and egress to
a street classified as urban or suburban in the Township Master Plan.
C.
Yards. All yards shall be a minimum of 50 feet in width, shall be
kept free of parking and shall be landscaped.
D.
Loading and service areas. Delivery loading and service areas and
parking areas shall be screened from view of residentially zoned or
used property in accordance with the standards set forth in § 40-13.02.
E.
Facade. The maximum length of an uninterrupted building facade facing
public streets and residentially zoned or used property shall be 30
feet. Facade articulation or architectural design variations for building
walls facing the street are required to ensure that the building is
not monotonous in appearance. Building wall offsets (projections and
recesses), cornices, varying building materials, or pilasters shall
be used to break up the mass of a single building.
F.
Facilities. Such facilities may include multipurpose recreational
rooms, kitchens, and meeting rooms. Such facilities may also include
medical examination rooms and limited space for ancillary services
for the residents of the facility, such as barber and beauty facilities.
A.
Resident proprietor. The proprietor shall reside at the bed-and-breakfast
establishment.
B.
Length of stay. Guest stays shall not exceed 14 consecutive days
nor more than 30 days in one year.
C.
Primary residential use. The rooms utilized for sleeping shall be
a part of the primary residential use and not specifically constructed
for rental purposes; provided, however, that accessory dwellings in
existence as of the effective date of this section, and located on
the same parcel as a bed-and-breakfast may be utilized for sleeping
rooms, in accordance with this section.
D.
Minimum room square footage. The rental sleeping rooms shall have
a minimum area of 100 square feet for one or two occupants with an
additional 30 square feet for each occupant to a maximum of four occupants
per room.
A.
Purpose and intent. Accessory dwelling units are dwelling units which
are accessory to a principal dwelling unit located on the same lot
or parcel. The intent of these regulations is to:
(1)
Provide older homeowners with a means to stay more comfortably
in homes and neighborhoods they might otherwise be forced to leave;
(2)
Add moderately priced rental units to the housing stock to meet
the needs of smaller households and make housing units available to
moderate-income household who might otherwise have difficulty finding
housing;
(3)
Develop housing units in single-family neighborhoods that are
appropriate for households at a variety of stages in their life cycle;
(4)
Provide housing units for persons with disabilities; and
(5)
Protect stability, property values, and the residential character
of a neighborhood.
B.
Application of regulations. Accessory dwelling units shall be a conditional
use in the R-1A, R-1B, and AG Districts.
C.
Standards of approval.
(1)
The units shall be a separate housekeeping unit, and shall not
exceed 50% of the floor area of the principal residence.
(2)
Only one accessory dwelling shall be permitted on each lot or
parcel.
(3)
The owners of the principal residence shall continue to occupy
the principal residence.
(4)
The accessory dwelling unit shall not be occupied by more than
two persons meeting the definition of "family."
(5)
All setback and lot coverage requirements of the district shall
be met.
(6)
A minimum of one additional off-street parking space shall be
provided for the accessory dwelling.
Lodging that includes a restaurant, bar/lounge, auditorium,
exhibition, or public meeting space shall provide parking to accommodate
all uses on the site, in accordance with the standards set forth in § 40-12.05.
A.
Accessibility. Space devoted to nonresidential uses shall be accessible
from the dwelling area.
B.
Use of nonresidential space. Only residents of the dwelling shall
use the nonresidential space for purposes of employment.
C.
Floor area. The floor area of the dwelling unit shall be at least
500 square feet in area.
A.
Sale provisions. The business of selling new and/or used mobile homes
as a commercial operation in connection with the operation of mobile
home parks shall be prohibited. New or used mobile homes located on
lots within the mobile home park to be used and occupied on that site
may be sold by a licensed dealer or broker. This section shall not
prohibit the sale of a used mobile home by a resident of the mobile
home park, provided that the park's regulations permit the sale.
B.
Setbacks. A mobile home shall be in compliance with the following
minimum distances:
(1)
Twenty feet from any part of an attached or detached structure
of an adjacent mobile home which is used for living purposes.
(2)
Ten feet from an on-site parking space of an adjacent site.
(3)
Ten feet from either of the following: an attached or detached
structure or accessory of an adjacent mobile home which is not used
for living purposes.
(4)
Fifty feet from any permanent building.
(5)
Ten feet from the edge of an internal street.
(6)
Twenty feet from the right-of-way line of a dedicated public
street within the mobile home park.
(7)
Seven and one-half feet from a parking bay.
(8)
Seven feet from a common pedestrian walkway.
C.
Height. The maximum height of accessory structures in a mobile home
park shall be 15 feet. The height of a storage building on a mobile
home site shall not exceed the lesser of 15 feet or the height of
the mobile home.
D.
Parking requirements.
(1)
A minimum of two parking spaces shall be provided for each mobile home site. The minimum number of parking spaces for conditional uses permitted in a mobile home park may be reduced to 2/3 the number required for such uses as set forth in Article XII, herein, as part of a conditional use permit approval.
(2)
Additional parking facilities shall be provided as follows:
E.
Streets.
(1)
Vehicular access to a mobile home park shall be provided by
at least one hard surface public road.
(2)
Only streets within the mobile home park shall provide vehicular
access to individual mobile home sites in the mobile home park.
(3)
Two-way streets shall have a minimum width of 21 feet where
no parallel parking is permitted, 31 feet where parallel parking is
permitted, along one side of the street, and 41 feet where parallel
parking is permitted along both sides of the street.
(4)
The minimum width of a one-way street shall be 13 feet where
no parallel parking is permitted, 23 feet where parallel parking is
permitted along one side, and 33 feet where parallel parking is permitted
along both sides.
(5)
A dead-end road shall terminate with an adequate turning area.
A blunt-end road is prohibited. Parking shall not be permitted within
the turning area.
F.
Outdoor storage. Common storage areas for the storage of boats, motorcycles,
recreation vehicles, and similar equipment may be provided in a mobile
home park, but shall be limited to use only by residents of the mobile
home park. The location of such storage area shall be shown on the
site plan required herein. No part of such storage area shall be located
in any yard required on the perimeter of the mobile home park. Such
storage area shall be screened from view from adjacent residential
properties.
G.
Site constructed buildings. All buildings constructed on site within a mobile home park must be constructed in compliance with the all applicable Pittsfield Township Codes. Any addition to a mobile home unit that is not certified as meeting the standards of the United States Department of Housing and Urban Development for mobile homes shall comply with all applicable Pittsfield Township Codes. Certificates and permits shall be required as provided in Article III. A final site plan shall be approved prior to construction of any principal structure, not including mobile home units, in accordance with Article IX.
H.
Placement of a mobile home unit.
I.
Application of regulations. Construction of a mobile home park shall
require prior approval of a site plan by the Township Planning Commission.
For purposes of this section only, a site plan shall provide the following
information:
(1)
The site plan shall be prepared on standard twenty-four-inch
by thirty-six-inch sheets and shall be of a scale not greater than
one inch equals 20 feet or less than one inch equals 200 feet, and
of such accuracy that the Planning Commission can readily interpret
the plan.
(2)
Scale, North arrow, name, and date, plus date of any revisions.
(3)
Name and address of property owner and applicant; interest of
applicant in the property; name and address of developer.
(4)
Name and address of designer. A site plan shall be prepared
by an architect, landscape architect, engineer, or land surveyor registered
in the State of Michigan.
(5)
A vicinity map; legal description of the property; dimensions
and area; lot line dimensions and bearings. A metes and bounds description
shall be based on a boundary survey prepared by a registered surveyor.
(6)
Existing topography, at minimum of two-foot contour intervals;
existing natural features, such as trees, wooded areas, streams, and
wetlands; natural features to remain or to be removed; 100-year flood
hazard area.
(7)
Existing buildings, structures, and other improvements, including
drives, utility poles and sewers, easements, pipelines, excavations,
ditches, bridges, culverts; existing improvements to remain or to
be removed; deed restrictions, if any.
(8)
Name and address of owners of adjacent properties; use and zoning
of adjacent properties; location and outline of buildings, drives,
parking lots, and other improvements on adjacent properties.
(9)
Locations and size of existing public utilities on or surrounding
the property; location of existing fire hydrants; inverts of sanitary
and storm sewers; location of existing manholes and catch basins;
location of existing wells, septic tanks, and drainfields, if applicable.
(10)
Names and rights-of-way of existing streets on or adjacent to
the property; surface type and width; spot elevations of street surface
at intersections with streets and drives of the proposed development.
(11)
Zoning classification of the subject property; location of required
yards; total property area; dwelling unit density; schedule of dwelling
units, by type; phasing information.
(12)
Grading plan, at a minimum contour interval of two feet.
(13)
Location and exterior dimensions of proposed buildings and structures
other than mobile home dwellings; height and finished floor elevations
of such buildings and structures; location of mobile home and parking
spaces.
(14)
Location and alignment of all proposed streets and drives; rights-of-way,
where applicable; surface type and width; typical street sections;
location and details of curbs; curb radii.
(15)
Location and dimensions of proposed parking lots; number of
spaces in each lot; dimensions of spaces and aisles; typical section
of parking lot surface.
(16)
Location, width, and surface of proposed sidewalks and pedestrian
paths.
(17)
Location, use, size, and proposed improvements of open space
and recreation areas.
(18)
Location and type of proposed screens and fences; height, typical
elevations, and vertical section of screens, showing materials and
dimensions.
(19)
Location, type, size, area, and height of proposed signs.
(20)
General proposed utility layout for sanitary sewer, water and
stormwater systems.
(21)
An overall map at a smaller scale showing how this property
ties in with all other surrounding properties should be developed
to include:
(a)
Existing and proposed water mains, sanitary and storm sewers
in the area, including sanitary sewer service areas;
(b)
The road network in the area;
(c)
The relationship of existing and proposed drainagecourses and
retention basins in the general area that impact or are impacted by
this development as well as an area-wide drainage map showing all
the subareas that affect this site (all drainage must be directed
to retention ponds); the map should also be on a twenty-four-inch
by thirty-six-inch sheet.
(22)
Landscape plan showing location, type, and size of plant materials.
(23)
Location, dimension, and materials of proposed retaining walls;
fill materials; typical vertical sections.
J.
Building permits required. No mobile home may be placed on a mobile
home site until a building permit therefor has been issued by the
Pittsfield Township Building Department. A building permit shall not
be issued until all required state approvals have been obtained.
K.
Occupancy. A mobile home in a mobile home park shall not be occupied
until all required approvals have been obtained from the State of
Michigan and a certificate of occupancy is issued.
L.
Storm shelter. Storm shelters shall be provided for all mobile home
residential uses in conformance with the following requirements:
(1)
Shelters shall be located no more than 600 feet from any dwelling
unit and/or occupied area served and on the same property.
(2)
Shelters shall provide 5.5 square feet of floor area per occupant
and accommodate 100% occupancy of the facility. For residential use
types, this shall be computed for each unit as follows:
|
Efficiency/1-bedroom
|
5.5 square feet
|
|
2-bedroom
|
11.0 square feet
|
|
3-bedroom
|
16.5 square feet
|
|
4-bedroom and over
|
20.0 square feet
|
(3)
Shelters shall be designed to withstand a wind speed of 200
miles per hour and in accordance with the technical guidelines recommended
by the United States Federal Emergency Management Agency.
A building may be used for the temporary housing of seasonal
agricultural workers, provided that the farm where located is at least
60 acres. One mobile home may be used for the housing of one agricultural
worker and his family, provided that the farm where located is at
least 60 acres in size, is being used for agricultural purposes and
that the worker obtains at least 30% of his means from that farm where
living. The mobile home shall be located to the rear of the area of
farm buildings.
All home occupations/home offices, with the exception of agricultural
operations, shall be in single-family residences subject to the following
requirements:
A.
Incidental and secondary. A home occupation/home office must be clearly
incidental and secondary to the primary use of a dwelling unit and
conducted by a resident of the dwelling.
B.
Outside appearance. A home occupation/home office shall not change the character or appearance of the structure or the premises, or other visible evidence of conduct of such home occupation/home office. There shall be no external or internal alterations not customary in residential areas or structures. A home occupation/home office shall be conducted within the dwelling unit or within a building accessory thereto. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation/home office, with the exception of a nameplate sign as set forth in Article XV.
C.
Creation of nuisance. A home occupation/home office use shall not
create a nuisance or endanger the health, safety, welfare, or enjoyment
of any other person in the area by reason of noise, vibrations, glare,
fumes, odor, electrical interferences, unsanitary or unsightly conditions,
and/or fire hazards. Any electrical equipment processes that create
visual or audible interferences with any radio or television receivers
off the premises or which cause fluctuations in line voltages off
the premises shall be prohibited.
D.
Percentage. The home occupation/home office shall utilize no more
than 25% of the total floor area of any one story of the residential
structure therein located.
E.
Employees. No more than one employee shall be permitted other than
members of the immediate family residing in the dwelling unit.
F.
Number of customers. No more than two customers or clients shall
be permitted to visit the site at any given time. Adequate off-street
parking shall be provided for customers or clients.
G.
Vehicular traffic creation. There shall be no vehicular traffic permitted
for the home occupation/home office, other than as is normally generated
for a single-family dwelling unit in a residential area, both as to
volume and type of vehicles.
H.
Parking. Parking for the home occupation/home office shall not exceed two spaces. Such spaces shall be provided on the premises. Off-street parking is subject to all regulations in Article XII. Parking spaces shall not be located in the required front yard.
I.
Commodities. No article shall be sold or offered for sale on the
premises except as is prepared within the dwelling or accessory building
or is provided as incidental to the service or profession conducted
therein.
J.
Storage. The exterior storage of material, equipment, or refuse associated
with or resulting from a home occupation/home office, shall be prohibited.
A.
Application of regulations.
(2)
The conditional use permit shall establish a limit on the number
of animals that may be boarded at one time.
(3)
The conditional use permit may limit the specific species of
animals that are permitted.
(4)
The conditional use permit may establish a limit on other measures
of the intensity of use.
B.
Standards.
(1)
The kennel shall be subject to the permit and operational requirements
of state and county regulatory agencies.
(2)
Pet grooming (including bathing, fur and nail trimming, brushing,
flea and tick treatment, and similar treatment) shall be permitted
for animals being boarded; for animals not being boarded, pet grooming
shall be permitted if specifically authorized in the conditional use
permit.
(3)
The sale of pet and veterinary products shall be incidental
to the kennel unless specifically authorized in the conditional use
permit.
(4)
Veterinary care shall be incidental to the kennel unless specifically
authorized in the conditional use permit.
(5)
Structures in which animals are kept, as well as animal runs
and exercise areas, shall not be located in any required front or
rear setback area and shall be located at least 50 feet from any dwelling
or building used by the public on adjacent land.
C.
Operations.
(1)
All animals shall be kept in an enclosed structure, except for
walking and outdoor exercise when accompanied and controlled by an
employee of the kennel. The conditional use permit may limit the time
during which the animals are permitted out of the building.
(2)
An operations and maintenance plan shall be submitted that specifically
addresses how noise will be attenuated and waste handled.
(3)
In districts other than agricultural districts, facilities must
be connected to public utilities where available.
(4)
The applicant shall include a waste management plan.
A.
Ingress and egress. All ingress and egress from said site shall be
directly onto a major arterial.
B.
Setbacks. No building shall be closer than 80 feet to any property
line that is residentially zoned or used. In all other cases, front,
side, and rear setbacks shall be a minimum of 40 feet.
C.
Off-street parking. Off-street parking areas shall be located at
least 50 feet from any residential property line.
D.
Service and maintenance buildings. Those buildings to be used for
servicing or maintenance, such as heating plants, garages, and storage
structures shall be screened from view of residentially zoned or used
property, in accordance with the standards set forth in § 40-13.02.
A.
Yards. All outdoor play areas shall be located in the rear or side
yards only and shall be enclosed with a durable fence six feet in
height, or four feet in height if adjoining a right-of-way.
B.
Approvals. All required state and local licenses, charters, permits
and similar approvals shall be issued prior to occupancy for any educational
purposes and shall be maintained in good standing.
C.
Off-street parking. Off-street parking shall be arranged so the area
for bus loading and unloading of students will not be in the path
of vehicular traffic.
D.
Service and maintenance buildings. Those buildings to be used for
servicing or maintenance, such as heating plants, garages, and storage
structures shall be screened from view of residentially zoned or used
property, in accordance with the standards set forth in § 40-13.02.
A.
Ingress and egress. The proposed site shall have at least one property
line abutting a major arterial of at least 120 feet of right-of-way
width. All vehicular ingress and egress shall be directly from a major
thoroughfare.
B.
Setbacks. The minimum distance of any main or accessory building
or structure from any boundary property line or street shall be 200
feet. A minimum depth of 100 feet of such required yards, adjacent
to property lines, shall be kept free of off-street parking.
C.
Accessory buildings and uses. Accessory buildings and uses may be
permitted, provided that the total floor area of such uses does not
exceed that of the main hospital complex. Ambulance and delivery areas
shall be screened from view of adjacent residentially zoned or used
property, in accordance with the standards set forth in Section 13.02.
D.
Off-street parking. Off-street parking shall be provided for such
uses in accordance with the requirements of § 40-12.05G.
Accessory building and uses parking shall be in addition to that required
for the main hospital complex.
E.
Hazardous materials. Any hazardous materials proposed to be stored, used or handled on site shall be disclosed by the applicant to the Township during the development review process, and all such storage, use, and handling shall be conducted in accordance with the standards set forth in Article XIV and any applicable state or federal requirements.
A.
Screening. Landscape screening meeting the standards set forth in § 40-13.02
shall be provided where a cemetery abuts a residentially zoned or
used parcel.
B.
Assembly. The use shall be so arranged that adequate assembly area
is provided off-street for vehicles to be used in a funeral procession.
This assembly area shall be provided in addition to any required off-street
parking area.
C.
Ingress and egress. Points of ingress and egress for the site shall
be designed so as to minimize possible conflicts between traffic on
adjacent major thoroughfares and funeral processions or visitors entering
or leaving the site.
D.
Setbacks. No building shall be located closer than 50 feet from a
property line that abuts any residentially used or zoned property.
A.
Fully enclosed building. All religious activities shall take place
in a fully enclosed building except as may be approved by the Township.
B.
Incidental facilities. Facilities incidental to the main religious
sanctuary must be used for church, worship, or religious education
purposes in a manner which is consistent with residential zoning and
compatible with adjacent residential property. Associated uses on
the site, such as recreation centers, retreat facilities, conference
centers, schools, convents, and others, shall meet all requirements
of this chapter for such uses.
C.
Frontage and access. The site shall have frontage on and primary
access to a major or minor arterial.
D.
Maximum height. Buildings of greater than the maximum height allowed
in the district in which a place of worship is located may be allowed,
provided that the front, side and rear yards are increased one foot
for each foot of building height which exceeds the maximum height
allowed.
E.
Setbacks. Front, side, and rear yard setbacks shall be a minimum
of 50 feet.
F.
Parking location. Parking shall not be permitted in the required
yards adjacent to any public street or adjacent to any land zoned
for residential purposes, other than that which is developed or committed
for uses other than the construction of residential dwellings. Such
yards shall be maintained as landscaped open space.
G.
Traffic control. Traffic from events, including church worship services
and other large assemblies, shall be controlled so as not to create
congestion or unreasonable delays on the public street.
A.
Accessory uses and buildings. Golf courses may also include accessory
uses, such as, but not limited to, clubhouses, restaurants, driving
ranges, pro shops, and maintenance buildings. Any accessory uses and
buildings associated with the golf course, and any buildings on the
site shall conform to setback and dimensional requirements of the
underlying zoning district.
B.
Layout. The design and layout of a golf course shall be configured
to prevent stray golf shots from traveling off the site and onto rights-of-way,
neighboring properties or lands within the golf course development
designed for uses other than the playing of golf.
C.
Off-street parking. All off-street parking shall be in compliance
with the standards set forth in § 40-12.05 of this chapter
to provide for adequate parking for golfers as well as for banquets,
weddings, golf tournaments, conferences, and other activities.
D.
Storage, service, and maintenance areas. All storage, service, and
maintenance areas shall be screened from view of residentially zoned
or used property in accordance with the standards set forth in § 40-13.02.
A.
Purpose and preliminary statements.
(1)
Sexually oriented businesses require special supervision from
the public safety agencies of the Township in order to protect and
preserve the health, safety, and welfare of the patrons of such businesses
as well as the citizens of the Township. There is convincing documented
evidence that sexually oriented businesses, as a category of establishments,
have deleterious secondary effects and are often associated with crime
and adverse effects on surrounding properties. The Board of Trustees
desires to minimize and control these adverse effects and thereby
protect the health, safety, and welfare of the citizenry; protect
the citizens from crime; preserve the quality of life; preserve the
character of surrounding neighborhoods and deter the spread of urban
blight.
(2)
Certain sexually oriented products and services offered to the
public are recognized as not inherently expressive and not protected
by the First Amendment. See, e.g., Heideman v. South Salt Lake City,
348 F.3d 1182, 1195 (10th Cir. 2003) ("[T]he Ordinance applies to
all 'sexually oriented businesses,' which include establishments such
as 'adult motels' and 'adult novelty stores,' which are not engaged
in expressive activity."); Sewell v. Georgia, 233 S.E.2d 187 (Ga.
1977) (upholding ban on commercial distribution of sexual devices),
dismissed for want of a substantial federal question, 435 U.S. 982
(1978).
(3)
Sexually oriented businesses have often manipulated their inventory
or business practices to avoid regulation while retaining their adult
nature. See, e.g., Z.J. Gifts D-4, L.L.C. v. City of Littleton, No.
99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001)
(finding retail adult store's "argument that it is not an adult entertainment
establishment" to be "frivolous at best"); People ex rel. Deters v.
The Lion's Den, Case No. 04-CH-26, Modified Permanent Injunction Order
(Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005) (noting
that adult store manager's testimony was "less than candid" and "suggested
an intention to obscure the actual amount of sexually explicit material
sold"); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999) (documenting
manipulation of inventory to avoid regulation); Taylor v. State, No.
01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002) (noting
that "the nonadult video selections appeared old and several of its
display cases were covered with cobwebs").
(4)
The manner in which an establishment holds itself out to the
public is a reasonable consideration in determining whether the establishment
is a sexually oriented business. See, e.g., East Brooks, Books, Inc.
v. Shelby County, 588 F.3d 360, 365 (6th Cir. 2009) ("A prominent
display advertising an establishment as an 'adult store,' moreover,
is a more objective indicator that the store is of the kind the Act
aims to regulate, than the mere share of its stock or trade comprised
of adult materials."); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215,
261 (1991) (Scalia, J., concurring in part and dissenting in part)
("[I]t is most implausible that any enterprise which has as its constant
intentional objective the sale of such [sexual] material does not
advertise or promote it as such."); Patterson v. City of Grand Forks,
Case No. 18-2012-CV-00742 (Nov. 1, 2012) (upholding sex paraphernalia
store location restriction which exempted stores in regional shopping
malls because malls on are on large parcels that buffer sensitive
land uses, have their own security personnel, and limit signage and
hours of operation). The Township intends to regulate such businesses
as sexually oriented businesses through a narrowly tailored ordinance
designed to serve the Township's content-neutral substantial interest
in preventing the negative secondary effects of sexually oriented
businesses, and its regulations shall be narrowly construed to this
end.
(5)
The purpose and intent of this section is to regulate sexually
oriented businesses in order to promote the health, safety, and general
welfare of the citizens of the Township, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Township.
(6)
The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content or reasonable
access to any communicative materials, including sexually oriented
materials. Similarly, it is neither the intent nor effect of this
chapter to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
chapter to condone or legitimize the distribution of obscene material.
B.
Findings and rationale.
(1)
Based on evidence of the adverse secondary effects of adult
uses presented in hearings and in reports made available to the Board
of Trustees, and on findings, interpretations, and narrowing constructions
incorporated in the cases of City of Littleton v. Z.J. Gifts D-4,
L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books,
Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277
(2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986);
Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen
Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S.
109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714
(1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City
of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S.
19 (1989); and Entm't Prods., Inc. v. Shelby County, 721 F.3d 729
(6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir.
2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010);
LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello
v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v.
Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties,
LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App.
2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th
Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360
(6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372
(6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d
291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City
of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village
of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee
County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City
of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South
Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan,
478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n,
Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A
Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang
On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy
Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois
One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007);
G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir.
2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir.
2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County,
256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols,
137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane,
75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d
380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d
368 (N.Y. 1999); Fantasyland Video, Inc. v. County of San Diego, 505
F.3d 996 (9th Cir. 2007); Bronco's Entm't, Ltd. v. Charter Twp. of
Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. of Van Buren
v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton
Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor
v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456
Mich. 704 (1998); Rental Property Owners Ass'n of Kent County v. City
of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc.
v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren
v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich.
App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974);
Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir.
1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th
Cir. 1994); Enlightened Reading, Inc. v. Jackson County, 2009 WL 792492
(W.D. Mo. March 24, 2009); MJJG Restaurant, LLC v. Horry County, 2014
WL 1314445 (D.S.C. Mar. 28, 2014); Cricket Store 17, LLC v. City of
Columbia, --- F.Supp.2d ---, 2014 WL 526339 (D.S.C. Feb. 10, 2014);
Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July
25, 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005);
Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696,
Memorandum Decision and Order (D. Colo. March 31, 2001); People ex
rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent
Injunction Order (III. Fourth Judicial Circuit, Effingham County,
July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No.
4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex.
May 26, 2005); Warren Gifts, LLC v. City of Warren, No. 2:02-cv-70062,
R. 26 (E.D. Mich. June 21, 2002) (denying motion for preliminary injunction);
Patterson v. City of Grand Forks, Case No. 18-2012-CV-00742, Memorandum
Decision and Order (Grand Forks Cnty. Dist. Ct. Nov. 1, 2012); and
based upon reports concerning secondary effects occurring in and around
sexually oriented businesses, including, but not limited to, "Correlates
of Current Transactional Sex among a Sample of Female Exotic Dancers
in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence
of Sexually Oriented Businesses Relate to Increased Levels of Crime?"
Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois
- 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida
- 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis,
Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky
- 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003;
Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale,
Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997;
Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson,
Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota -
1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984, 2009; Garden
Grove, California - 1991; Los Angeles, California - 1977; Whittier,
California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York
Times Square - 1994; the Report of the Attorney General's Working
Group On The Regulation Of Sexually Oriented Businesses, (June 6,
1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots:
The Case of Adult Businesses," 19 Criminal Justice Policy Review 153
(2008); "Stripclubs According to Strippers: Exposing Workplace Sexual
Violence," by Kelly Holsopple, Program Director, Freedom and Justice
Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually
Oriented Businesses: An Insider's View," by David Sherman, presented
to the Michigan House Committee on Ethics and Constitutional Law,
Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement
and Private Investigator Affidavits (Adult Cabarets in Forest Park,
GA and Sandy Springs, GA), the Board of Trustees finds:
(a)
Sexually oriented businesses, as a category of commercial uses,
are associated with a wide variety of adverse secondary effects, including,
but not limited to, personal and property crimes, prostitution, potential
spread of disease, lewdness, public indecency, obscenity, illicit
drug use and drug trafficking, negative impacts on surrounding properties,
urban blight, litter, and sexual assault and exploitation. Alcohol
consumption impairs judgment and lowers inhibitions, thereby increasing
the risk of adverse secondary effects.
(b)
Sexually oriented businesses should be separated from sensitive
land uses to minimize the impact of their secondary effects upon such
uses, and should be separated from other sexually oriented businesses,
to minimize the secondary effects associated with such uses and to
prevent an unnecessary concentration of sexually oriented businesses
in one area.
(c)
Each of the foregoing negative secondary effects constitutes
a harm which the Township has a substantial government interest in
preventing and/or abating. This substantial government interest in
preventing secondary effects, which is the Township's rationale for
this chapter, exists independent of any comparative analysis between
sexually oriented and nonsexually oriented businesses. Additionally,
the Township's interest in regulating sexually oriented businesses
extends to preventing future secondary effects of either current or
future sexually oriented businesses that may locate in the Township.
The Township finds that the cases and documentation relied on in this
chapter are reasonably believed to be relevant to said secondary effects.
(2)
The Township hereby adopts and incorporates herein its stated
findings and legislative record related to the adverse secondary effects
of sexually oriented businesses, including the judicial opinions and
reports related to such secondary effects.
C.
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
ADULT CABARET
ADULT MOTION-PICTURE THEATER
CHARACTERIZED BY
ESTABLISH or ESTABLISHMENT
(1)
(2)
(3)
(4)
FEATURE
FLOOR SPACE
NUDITY
PERSON
PREMISES
REGIONAL SHOPPING MALL (ENCLOSED)
REGULARLY
SEMINUDE MODEL STUDIO
(1)
(2)
(3)
SEMI-NUDE or SEMI-NUDITY
SEX PARAPHERNALIA STORE
SEXUAL DEVICE
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this chapter, the following additional
definitions shall apply:
A commercial establishment which, as one of its principal
business activities, offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter, or photographs, films, motion pictures, video
cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the
display of specified sexual activities or specified anatomical areas.
A "principal business activity" exists where the commercial establishment
meets any one or more of the following criteria:
At least 35% of the establishment's displayed merchandise consists
of said items; or
At least 35% of the retail value (defined as the price charged
to customers) of the establishment's displayed merchandise consists
of said items; or
At least 35% of the establishment's revenues derive from the
sale or rental, for any form of consideration, of said items; or
The establishment maintains at least 35% of its floor space
for the display, sale, and/or rental of said items (aisles and walkways
used to access said items, as well as cashier stations where said
items are rented or sold, shall be included in floor space maintained
for the display, sale, or rental of said items); or
The establishment maintains at least 500 square feet of its
floor space for the display, sale, and/or rental of said items (Aisles
and walkways used to access said items, as well as cashier stations
where said items are rented or sold, shall be included in floor space
maintained for the display, sale, or rental of said items.); or
The establishment regularly offers for sale or rental at least
2,000 of said items; or
The establishment maintains an adult arcade, which means any
place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically, or mechanically
controlled still or motion-picture machines, projectors, or other
image-producing devices are regularly maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are characterized by their emphasis upon matter exhibiting
specified sexual activities or specified anatomical areas.
A nightclub, club, bar, juice bar, restaurant, bottle club
or similar commercial establishment that regularly features live conduct
characterized by seminudity. No establishment shall avoid classification
as an adult cabaret by offering or featuring nudity.
A commercial establishment where films, motion pictures,
video cassettes, compact discs, slides, or similar photographic reproductions
which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas are regularly shown
to more than five persons for any form of consideration.
Describing the essential character or quality of an item.
As applied in this chapter, no business shall be classified as a sexually
oriented business by virtue of showing, selling, or renting materials
rated NC-17 or R by the Motion Picture Association of America.
In regard to sexually oriented business, means and includes
any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of a sexually oriented business to any other existing
sexually oriented business; or
The relocation of a sexually oriented business.
To give special prominence to.
The floor area inside an establishment that is visible or
accessible to patrons for any reason, excluding restrooms.
The showing of the human male or female genitals, pubic area,
vulva, or anus with less than a fully opaque covering, or showing
of the female breast with less than a fully opaque covering of any
part of the nipple and areola.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control, or supervision of the licensee, as described
in the application for a sexually oriented business license.
A group of retail and other commercial establishments that
is planned, developed, and managed as a single property, with on-site
parking provided around the perimeter of the shopping center, and
that is generally at least 40 acres in size and flanked by two or
more large anchor stores, such as department stores. The common walkway
or mall is enclosed, climate-controlled and lighted, usually with
an inward orientation of the stores facing the walkway.
The consistent and repeated doing of an act on an ongoing
basis.
A place where persons regularly appear in a state of seminudity
for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons. This definition does not apply to any place where persons
appearing in a state of seminudity did so in a class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at that point, or the showing of the male or female buttocks.
This definition shall include the lower portion of the human female
breast, but shall not include any portion of the cleavage of the human
female breasts exhibited by a bikini, dress, blouse, shirt, leotard,
or similar wearing apparel, provided that the areola is not exposed
in whole or in part.
A commercial establishment that regularly features sexual
devices. This definition shall not be construed to include any:
Any three-dimensional object designed for stimulation of
the male or female human genitals, anus, buttocks, female breast,
or for sadomasochistic use or abuse of oneself or others and shall
include devices commonly known as dildos, vibrators, penis pumps,
cock rings, and beads, butt plugs, nipple clamps, and physical representations
of the human genital organs. Nothing in this definition shall be construed
to include devices primarily intended for protection against sexually
transmitted diseases or for preventing pregnancy.
An adult bookstore or adult video store, an adult cabaret,
an adult motion-picture theater, a seminude model studio, or a sex
paraphernalia store.
D.
Standards.
(1)
(2)
For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of the structure used in conjunction with the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection D(1) above. If the sexually oriented business is located in a multitenant structure, the distance shall be measured from the closest part of the tenant space occupied by the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection D(1)above.
(3)
A sexually oriented business lawfully operating is not rendered
a nonconforming use by the subsequent location of a place of worship,
school, child-care facility, public park, residential district, or
a residential lot within 500 feet of the sexually oriented business.
However, if the sexually oriented business ceases operation for a
period of 180 days or more, regardless of any intent to resume operation,
it may not recommence operation in that location unless it achieves
conformity with the Pittsfield Township Ordinances.
[Amended 11-18-2020 by Ord. No. ZOA 20-211]
A.
Standards. A massage therapist must be licensed by the Department
of Licensing and Regulatory Affairs, Bureau of Health Professions.
All licenses shall be prominently displayed on the premises. Upon
request of any officer of the Township, licenses shall be provided
for review and verification.
B.
Authorized location. Massage therapy is considered a personal service.
C.
Inspection. Every establishment operated as a licensed massage therapy
establishment shall be open for inspection by duly authorized representatives
of the public safety, planning, or building department during operating
hours for the purpose of enforcing any provision of this section or
any other ordinance or regulation of the Township relating to public
health, safety and welfare. It shall be unlawful for any person to
refuse entry by Township representatives to the premises in which
a massage establishment is being operated for the purpose of making
lawful inspections.
A.
On-site stacking. Adequate on-site stacking space for vehicles shall
be provided for each drive-in window so that vehicles will not interfere
with vehicular circulation or parking maneuvers on this site. Access
to and egress from the site will not interfere with peak hour traffic
flow on the street serving the property. On-site vehicle stacking
for drive-in windows shall not interfere with access to, or egress
from the site or cause standing of vehicles in a public right-of-way.
B.
Traffic control. Projected peak hour traffic volumes which will be
generated by the proposed drive-in service shall not cause undue congestion
during the peak hour of the street serving the site.
C.
Ingress and egress. Ingress and egress to drive-through facilities
shall be part of the internal circulation of the site and integrated
with the overall site design. Clear identification and delineation
between the drive-through facility and the parking lot shall be provided.
Drive-through facilities shall be designed in a manner which promotes
pedestrian and vehicular operation and safety.
D.
Drive-through locations. Single-lane drive-throughs may be located
at the side of a building. Multiple-lane drive-throughs shall be located
in a manner that will be the least visible from a public thoroughfare.
Canopy design shall be compatible with the design of the principal
building and incorporate similar materials and architectural elements.
E.
Stacking space requirements. Each drive-through facility shall provide
stacking space meeting the following standards:
(1)
Each stacking lane shall be one-way, and each stacking lane
space shall be a minimum of 12 feet in width and 20 feet in length.
(2)
If proposed, an escape lane shall be a minimum of 12 feet in
width to allow other vehicles to pass those waiting to be served.
(3)
The number of stacking spaces per service lane shall be provided
for the uses as listed in Table 11.25.E-1. When a use is not specifically
mentioned, the requirements for off-street stacking spaces for the
use with similar needs, as determined at the discretion of the Zoning
Administration, shall apply.
|
Table 11.25.E-1
| |
|---|---|
|
Use
|
Stacking Spaces per Service Lane
|
|
Banks, pharmacy, photo service, and dry cleaning
|
4
|
|
Restaurants with drive-through
|
10
|
|
Auto washes (self-service)
| |
|
Entry
|
2
|
|
Exit
|
1
|
|
Auto washes (automatic)
| |
|
Entry
|
8
|
|
Exit
|
2
|
A.
Building design and materials.
(1)
Facades and exterior walls. The maximum length of an uninterrupted
building facade facing public streets, residentially zoned or used
property, and/or parks shall be 30 feet. Facade articulation or architectural
design variations for building walls facing the street are required
to ensure that the building is not monotonous in appearance. Building
wall offsets (projections and recesses), cornices, varying building
materials, or pilasters shall be used to break up the mass of a single
building.
(2)
Roofs. Roofs shall exhibit one or more of the following features
depending upon the nature of the roof and building design:
(a)
Flat roof. Parapets concealing flat roofs and rooftop equipment
or screening surrounding rooftop equipment such as HVAC units from
public view are required. Parapets shall not exceed 1/3 of the height
of the supporting wall at any point.
(b)
Pitched roof.
[1]
Overhanging eaves, extending no less than three feet past the
supporting walls;
[2]
An average slope greater than or equal to one foot of vertical
rise for every three feet of horizontal run and less than or equal
to one foot of vertical rise for every one foot of horizontal run;
[3]
Three or more roof slope planes.
B.
Site design.
(1)
Parking lot location. No more than 50% of the off-street parking
area devoted to the large-scale retail establishment shall be located
within the front yard and between the front facade of the principal
building and the abutting streets.
(2)
Primary entrance. The primary building entrance shall be clearly
identifiable and usable and located facing the right-of-way.
(3)
Pedestrian connection. A pedestrian connection shall provide
a clear, obvious, publicly accessible connection between the primary
street upon which the building fronts and the building. The pedestrian
connection shall comply with the following:
(a)
Fully paved and maintained surface not less than five feet in
width.
(b)
Unit pavers or concrete distinct from the surrounding parking
and drive lane surface.
(c)
Located in a separated sidewalk, within a raised median, or
between wheel stops to protect pedestrians from vehicle overhangs
where parking is adjacent.
(4)
Additional entrances. In addition to the primary facade facing
front facade and/or the right-of-way, if a parking area is located
in the rear or side yard, it must also have a direct pedestrian access
to the parking area that is of a level of materials, quality, and
design emphasis that is at least equal to that of the primary entrance.
(5)
Delivery/loading operations. Loading docks, trash collection,
outdoor storage, and similar facilities and functions shall be incorporated
into the overall design of the building and the landscaping so that
the visual and acoustic impacts of these functions are fully contained
and out of view from adjacent properties and public streets. Use of
screening materials that are different from or inferior to the principal
materials of the building and landscape is prohibited.
A.
Purpose. The purpose and intent of this section is to regulate firearm
retail sales, to promote the health, safety, morals, and general welfare
of the citizens of the Township, and to establish reasonable and uniform
regulations to prevent the concentration of firearm retail sales within
the Township because of their disruptive and deleterious effect on
adjacent properties, especially when constructed near residential
zones.
B.
Application of regulations.
(1)
It shall be unlawful to operate or cause to be operated a firearm
retail sales establishment or firearm retail sales as an accessory
use operation in any location in the Township, except as provided
for in this section.
(2)
Conditions of approval. The Planning Commission may recommend that the Township Board impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of firearm retail sales, as shall, in its judgment, considering the standards set forth in Article X of this chapter, be necessary for the protection of the public health, safety, welfare, and interest, except that any conditions imposed on any firearm retail sales as defined in this section shall be limited to those conditions necessary to assure compliance with the standards and requirements of § 40-11.27C. Any evidence and guarantee may be required as proof that the conditions stipulated in connection with the establishment, maintenance and operation of a firearm retail sales business shall be fulfilled.
C.
Standards.
(1)
It shall be unlawful to operate or cause to be operated a firearm
retail sales establishment within 500 feet (measured from the nearest
lot line to the nearest lot line on a straight-line basis) of any
of the following:
(2)
It shall be unlawful to cause or permit the operation of a firearm
retail sales establishment within 1,000 feet of another firearm retail
sales establishment. The distance between any such businesses shall
be measured from the nearest lot line to the nearest lot line on a
straight-line basis.
(3)
It shall be unlawful to cause or permit the operation or maintenance
of more than one firearm retail sales establishment in the same building,
structure, or portion thereof.
(4)
All off-street parking areas and entry door areas of firearm
retail sales establishments shall be illuminated from dusk until the
closing time of the business with a lighting system that provides
an average maintained horizontal illumination of one footcandle of
light on all parking surfaces and/or walkways. This requirement level
is to help ensure the personal safety of patrons and employees and
to reduce the incidence of vandalism and other criminal conduct.
(5)
Any firearm retail sales establishment shall be subject to all
the applicable requirements of this chapter.
(6)
A firearm retail sales establishment lawfully operating is not
rendered a nonconforming use by the subsequent location of a place
of worship, school, child-care facility, public park, residential
district, or a residential lot within 500 feet of the firearm retail
sales establishment. However, if the firearm retail sales establishment
ceases operation for a period of 180 days or more, regardless of any
intent to resume operation, it may not recommence operation in that
location except in conformity with the Pittsfield Charter Township
Ordinances.
(7)
No firearms or ammunition shall be displayed in window areas
visible from a street or sidewalk.
(8)
A firearm retail sales establishment shall have appropriate
measures to ensure the business can be secured at all times.
A.
Within wholesale establishments. Within wholesale establishments,
retail sales of items that are the same or are related by use or design
to such wholesale items that are sold on premises shall be permitted,
provided that the total amount of retail sales shall not exceed 25%
of the annual wholesale sales on the premises. Retail sales shall
be strictly incidental to wholesale sales.
B.
Within multifamily developments, elderly housing, hospitals, and
convalescent centers. Within multifamily developments, elderly housing,
hospitals, and convalescent centers, incidental services for convenience
of the buildings' residents, such as newsstands, delicatessens, restaurants,
personal service shops, and similar uses shall be permitted, provided
that the following standards are met:
(1)
Not more than 2%, including hallway space, of the total floor
area devoted to dwelling units within the apartment building(s) shall
be so used.
(2)
All such incidental services shall be situated within the interior
of a so that no part thereof shall be directly accessible from any
street or other public or private way.
(3)
No sign or window display shall be discernible or visible from
a sidewalk, street, or other public or private way.
(4)
Such incidental service shall not be located on any floor above
the first or ground floor.
C.
Within business, research, and/or industrial park. Within business,
research, and/or industrial park, incidental services allowed, provided
that:
(1)
Such facilities shall be of the kinds needed to serve customers
and employees of the research (industrial) park, such as but not limited
to restaurants, but not including drive-ins, auto service stations,
auto washes, gift shops, offices, and motels.
(2)
Such facilities shall be concentrated in a center, and the layout
of the site shall be such that the center is clearly oriented to the
research (industrial) park and not to the general public.
Building material sales, garden centers, and similar uses which
are characterized by outdoor storage and sales, unless otherwise specified
herein, shall be subject to the standards set forth in this section.
A.
Permanent sales office. A permanent sales and office building shall
be located on site. The building or buildings may also include activities
which are ancillary to the principal use, such as indoor storage of
equipment and materials and equipment repair.
B.
Outdoor storage. Outdoor storage of equipment and materials shall
be subject to the standards set forth in § 40-11.40, outdoor
storage of goods, materials, and equipment.
A.
Standards.
(1)
All recyclable materials shall at all times be stored within
a completely enclosed building.
(2)
The proposed use must be of such location, size, and character
that it will be in harmony with the appropriate and orderly development
of the surrounding area.
(3)
The location and size of the proposed use or uses, the nature
and intensity of the principal use and all accessory uses, the site
layout and its relation to streets giving access to it shall be such
that traffic to and from the use and uses, and the assembly of persons
in connection therewith, will not be hazardous or inconvenient to
the area nor unduly conflict with the normal traffic of the area.
Vehicles loading or unloading shall be contained within the property.
All driveways and parking areas on the site shall be hard-surfaced
to Township specifications.
(4)
The location, size, intensity, site layout, and periods of operation
of any such proposed use must be designed to eliminate any possible
nuisance likely to emanate therefrom which might be noxious to the
occupants of any other nearby permitted uses, whether by reason of
dust, noise, fumes, vibration, smoke, or lights, or the presence of
toxic materials.
(5)
All areas shall be screened from view of adjacent residentially
zoned or used property, in accordance with the standards set forth
in § 40-13.02.
A.
Incidental uses. Incidental accessory uses, such as the sale of boxes,
locks, and other supplies shall be permitted.
B.
Standards.
(1)
The storage of any toxic, corrosive, flammable, or hazardous
materials is prohibited.
(2)
Other than the storage of recreation vehicles, all storage and
accessory uses shall be contained within a building. All recreational
vehicle storage shall be screened from the view of residentially zoned
or used property and public roads in accordance with the standards
set forth in § 40-13.02.
(3)
Exterior walls of all storage units shall be of masonry construction.
A.
Outdoor storage. Dismantled, wrecked, or inoperable vehicles awaiting
repair shall not be stored outdoors for a period exceeding five days.
Outdoor storage shall be enclosed by an opaque fence up to eight feet
in height and/or landscape screening meeting the standards set forth
in § 40-13.02.
B.
Disposal containers. Suitable containers shall be provided and used
for disposal of used parts, and such containers shall be screened
from view.
C.
Enclosed buildings. All repair and maintenance activities, including
hydraulic hoists, lubrication pits, and similar activities, shall
be performed entirely within an enclosed building.
D.
Retail sales limitations. Retail sales shall be limited to those
items necessary to carry out the vehicle repair occurring on the subject
site.
A.
Setbacks. No vehicle shall be parked or displayed within 20 feet
of any street right-of-way.
B.
Noise. Loud speakers broadcasting voice or music outside of a building
shall not be permitted within 500 feet of any residential zoned or
used property.
C.
Repair and maintenance. All repair and maintenance activities shall
conform to the standards set forth in § 40-11.32.
D.
Vehicle delivery. Vehicle delivery shall be conducted on the premises
and shall not interfere with vehicular traffic on a public road.
A.
Setbacks. The following minimum setbacks shall apply to canopies
and pump facilities constructed in conjunction with fueling/multi-use:
|
Table 11.34.A-1
| |||
|---|---|---|---|
|
Setback
|
Canopy Support
(feet)
|
Pump Islands
(feet)
|
Canopy Edge
(feet)
|
|
Front
|
35
|
30
|
25
|
|
Side
|
20
|
20
|
10
|
|
Rear
|
30
|
20
|
20
|
B.
Fueling areas site arrangement. All fueling areas shall be arranged
so that motor vehicles do not park on or extend over abutting landscaped
areas, sidewalks, streets, buildings, or adjoining property while
being served.
C.
Canopy structures. Canopy structures shall be designed and constructed
in a manner which is architecturally compatible with the principal
building. The canopy structure shall be attached to and made an integral
part of the principal building unless it can be demonstrated that
the design of the building and canopy in combination would be more
functional and aesthetically pleasing if the canopy was not physically
attached to the principal building.
D.
Fire protection. Required fire protection devices under the canopy
shall be architecturally screened so that the tanks are not directly
visible from the street. The screens shall be compatible with the
design and color of the canopy.
E.
Canopy lighting. Canopy lighting shall be recessed so that the light
source is not visible from off-site.
F.
Pedestrian and vehicular safety. Vehicle fueling/multi-use stations
shall be designed in a manner which promotes pedestrian and vehicular
safety. The parking and circulation system within each development
shall accommodate the safe movement of vehicles, bicycles, pedestrians
and refueling activities throughout the proposed development and to
and from surrounding areas in a safe and convenient manner.
G.
Repair and services. All repair and maintenance activities shall
conform to the standards set forth in § 40-11.32. Dismantled,
wrecked, or immobile vehicles shall not be permitted to be stored
on site.
H.
Accessory vehicle wash. If a vehicle wash is proposed, it must comply
with the standards set forth in § 40-11.36.
A vehicle impoundment lot shall have a permanent office located
on-site. The building or buildings may also include activities which
are ancillary to the vehicle towing/impoundment business, such as
indoor storage of equipment and equipment repair. The impoundment
lot shall be located behind the front face of the building and shall
meet the standards set forth in § 40-11.40, outdoor storage.
A.
Use in building and setbacks. All washing activities shall be carried
on within a building. Vacuuming activities shall be located at least
50 feet from adjacent residentially zoned or used property.
B.
Mechanical dryer. Automatic car wash facilities shall have a mechanical
dryer operation at the end of the wash cycle.
C.
Exit ramp. All automatic car wash facilities must provide a demonstrated
means at the exit ramp for each wash bay to prevent pooling of water
or freezing.
A.
Intent and purpose. This section is intended to ensure that mineral
mining activity is compatible with adjacent uses of land, the natural
environment, and the capacities of public services and facilities
affected by the land use, and to ensure that mineral mining activities
are consistent with the public health, safety, and welfare of the
Township.
B.
Application of regulations. The mining of sand, gravel, stone, and/or
other mineral resources in the Township shall be prohibited unless
first authorized by the grant of conditional use and site plan approval
by the Township Board, after recommendation of the Planning Commission,
in accordance with this section and the requirements of applicable
statutes.
C.
Application requirements. The following information shall be submitted:
(1)
A completed application and all required information for site plan approval as set forth in Article IX of this chapter.
(3)
Market information. The applicant shall submit a report prepared
by a geologist and/or other experts with the credentials to represent
compliance with MCL 125.3205, Sections (3) and (4), that the natural
resources to be extracted shall be considered valuable, and the applicant
can receive revenue and reasonably expect to profit from the proposed
mineral mining operation. The applicant shall also provide documentation
that there is a need for the natural resources to be mined by either
the applicant or in the market served by the applicant.
(4)
There shall be not more than one entranceway from a public road
to said lot for each 660 feet of front lot line.
(5)
Such removal shall not take place before sunrise or after sunset.
(6)
No activities conducted in conjunction with the extractive operation
shall take place closer than 100 feet to any lot line.
(7)
All roads, driveways, parking lots, and loading and unloading
areas within 100 feet of any lot line shall be paved, watered, or
chemically treated so as to limit, on adjoining lots and public roads,
the nuisance caused by windborne dust.
(8)
All fixed equipment and machinery shall be located at least
100 feet from any lot line and 500 feet from any residential zoning
district, but that in the event the zoning classification of any land
within 500 feet of such equipment or machinery shall be changed to
residential subsequent to the operation of such equipment or machinery,
such equipment or machinery may continue henceforth but in no case
less than 100 feet from any lot line.
(9)
There shall be erected a fence of not less than six feet in
height around the periphery of the area being excavated. Fences shall
be adequate to prevent trespass, and shall be placed on level terrain
no closer than 50 feet to the top edge of any slope.
(10)
All areas within any single development shall be rehabilitated
progressively as they are worked out or abandoned to a condition of
being entirely lacking in hazards, inconspicuous, and blended with
the general surrounding ground form so as to appear reasonably natural.
(11)
The operator or operators shall file with the Township Planning
Commission and the County Health Department a detailed plan for the
restoration of the development area which shall include the anticipated
future use of the restored land, the proposed final topography indicated
by contour lines of an interval not greater than five feet, steps
which shall be taken to conserve topsoil, the type and number per
acre of trees or shrubs to be planted and the location of future roads,
drive, drainagecourses, and/or other improvements contemplated.
(12)
The restoration plans shall be filed with and approved by both
the Township Planning Commission and the County Health Department
before quarrying or removal operations shall begin. The plans shall
be certified by a soil or geology engineer. In restoration, no filling
operations shall be permitted which will likely result in contamination
of groundwater or surface water, or soils, through seepage of liquid
or solid waste or which will likely result in the seepage of gases
into surface or subsurface water or into the atmosphere.
(13)
The operator or operators shall file with the Township Planning
Commission a bond, payable to the Township and conditioned on the
faithful performance of all requirements contained in the approved
restoration plan. The rate per acre of property to be used for the
required bond shall be fixed by the Township Planning Commission.
The bond shall be released upon written certification of the County
Health Department that the restoration is complete and in compliance
with the restoration plan.
D.
Standards. The determination on applications submitted under this
section shall be based upon a determination by the Township Board
that no very serious consequences would result from the proposed mineral
mining based upon the consideration of the following factors:
(1)
The proposed mining operation shall not result in a probable
impairment, pollution, and/or destruction of the air, water, natural
resources, and/or public trust therein;
(2)
The proposed mining operation shall not result in a probable
impairment to the water table and/or private wells of property owners
within the reasonably anticipated area of impact during and subsequent
to the operation;
(3)
The proposed mining operation shall not create a probable impairment
of and/or unreasonable alteration in the course, quantity, and quality
of surface water, groundwater, and/or the watershed anticipated to
be impacted by the operation;
(4)
The proposed mining operation shall be compatible with surrounding
land uses currently in existence, or reasonably anticipated to be
in existence, during the operation of the mining operation based upon
application of generally accepted planning standards and principles;
(5)
The proposed mining operation shall not unreasonably burden
the capacity of public services and facilities; and
(6)
The proposed mining operation shall not unreasonably impact
surrounding property and/or property along all routes, endurance of
noise, dust, air, water, odor, light, and/or vibration, and further
shall not unreasonably impact upon persons receiving the operation
in terms of aesthetics.
E.
Additional requirements. In addition to meeting the standards set
forth in§ 40-11.37D, the following additional requirements
shall apply:
(1)
Access to the proposed extractive operation shall be limited
to a paved county primary road and have necessary and appropriate
load-bearing and traffic volume capacity in relation to the proposed
intensity of the use.
(2)
The proposed transportation route or routes within the Township
shall be as direct and minimal in detrimental impact as reasonably
possible, as determined in the discretion of the Township Board at
the time of application and thereafter.
F.
Removal or relocation of soil and/or fill material. It shall be unlawful
for any person to remove, deposit, or relocate any sand, gravel, topsoil,
clay, minerals, waste, or fill material, or other similar materials,
in or from lands in the Township except as hereinafter provided, without
first obtaining zoning compliance permit or an approved site plan,
whichever is applicable.
[Added 11-18-2020 by Ord. No. ZOA 20-211]
(1)
Application requirements. A zoning compliance application shall
be filed with the Zoning Administrator. In addition to the application
and required fee, the following supplemental materials shall be provided:
(a)
Maximum amount of material to be moved, removed, deposited,
or relocated.
(b)
Description of soil type and composition of material to be moved,
removed, relocated, or used for fill material.
(c)
Measure to be taken by the applicant to control noise, vibration,
dust, and traffic during the operations.
(d)
A description of any traffic control devices, public facilities,
or public services that will be required by the proposed operations
and that such costs be paid by the applicant.
(e)
Timing of removal, relocation, grading, etc., of all operations
to be undertaken with a completion date.
(f)
Verification, by the required regulatory authority, that the
material has been tested and is clean and suitable for removal/relocation.
(2)
In addition, the application shall describe in detail, by contour
maps or otherwise, the contour and condition of the lands as they
propose to leave them upon completion of the operations. Such a statement
shall include proposed plans of landscaping or other stabilization
control to be employed to leave the premises in a reasonably level
and usable condition and to prevent erosion, dust, and unsightly conditions.
(3)
Permit revocation. Each permit shall apply only to the lands
described in the application and may be revoked if the permit holder
operates in any manner inconsistent with the application requirements
or if the permit holder fails to comply with any special requirement
the Zoning Administrator set forth in the permit.
(4)
Exceptions. This section shall not apply to normal and necessary
excavation or grading done in the connection with construction of
roads, normal and acceptable farming procedures, drains, sewers, construction
of dwellings and other buildings where an applicable Township permit
is granted under other Township ordinances, nor shall it apply in
any case where the amount removed from or relocated or deposited on
any parcel of land in any one calendar year is less than 20 cubic
yards of sand, gravel, clay, minerals, waste, or fill material or
other similar materials. However, nothing contained in this section
shall in any way permit any kind of mining, mineral removal or relocation
or dumping of waste and fill materials in any amount where such use
would interfere with the public health, safety, or welfare or create
a public or private nuisance.
A.
Intent and purpose. It is the intent of this section to provide standards
for the location, construction and maintenance of wireless communication
facilities in a way which will retain the integrity, character, property
values, and aesthetic quality of neighborhoods and the Township, and
minimize the negative visual impact of wireless communication facilities
on neighborhoods, community landmarks, historic sites and buildings,
natural beauty areas and public rights-of-way. The priority of the
Township is to minimize the overall number of newly established locations
for wireless communication support facilities within the community
by encouraging the collocation of existing wireless communication
support facilities where possible. It is required that all new and
modified wireless communication support facilities (WCSFs) shall be
designed and constructed so as to accommodate collocation. This section
also requires that wireless communication antennas (WCAs), wireless
communication facilities (WCFs) and wireless communication support
facilities (WCSFs) shall adhere to all applicable local, state, federal
laws and regulations, and the standards of this section.
B.
Authorization.
(1)
Subject to the standards and conditions set forth in this section,
wireless communication facilities shall be permitted uses in the following
circumstances, and in any districts:
(a)
An existing structure which will serve as an attached wireless
communications facility where the existing structure is not, in the
discretion of the Township, proposed to be either materially altered
or materially changed in appearance.
(b)
A proposed collocation upon an attached wireless communication
facility which has been approved earlier by the Township.
(c)
An existing structure which will serve as an attached wireless
communication facility consisting of a utility pole located within
a right-of-way, where the existing pole is not proposed to be modified
in a manner which would materially alter the structure and/or result
in an impairment of sight lines or other safety interests.
(d)
An existing wireless communication support structure established
within a right-of-way having an existing width of more than 204 feet.
(2)
If it is demonstrated by an applicant that a wireless communication
facility is required to be established outside an area identified
in § 40-11.38B(1), then wireless communication facilities
may be applied for elsewhere in the Township and must follow the district
specific criteria and is subject to the criteria and standards set
forth in this chapter.
C.
General regulations.
(1)
Standards and conditions applicable to all facilities. All applications
for wireless communication facilities shall be reviewed in accordance
with the following standards and conditions, and, if approved, shall
be constructed and maintained in accordance with such standards and
conditions. In addition, if the facility is approved, it shall be
constructed and maintained with any additional conditions imposed
by the Township.
(a)
Facilities shall not be demonstrably injurious to neighborhoods
or otherwise detrimental to the public safety and welfare.
(b)
Facilities shall be located and designed to be harmonious with
the surrounding areas.
(c)
Wireless communication facilities shall comply with applicable
federal and state standards relative to the environmental effects
of radio frequency emissions.
(d)
The maximum height of the new or modified support structures
and antenna shall be the minimum height demonstrated to be necessary
for reasonable communication by the applicant and by other entities
to collocate on the structures. The accessory building contemplated
to enclose such things as switching equipment shall be limited to
the maximum height for accessory structures within the respective
district.
(e)
The setback of the support structure shall be equal to the height
of the structure.
(f)
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 thoroughfares 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 be needed to access the site.
(g)
The division of property for the purpose of locating a wireless
communication facility is prohibited unless all zoning requirements
and conditions are met.
(h)
Where an attached wireless communication facility is proposed
on the roof of a building, if the equipment enclosure is proposed
as a roof appliance or penthouse on the building, it shall be designed,
constructed and maintained to be architecturally compatible with the
principal building. The equipment enclosure may be located within
the principal building or may be an accessory building. If proposed
as an accessory building, it shall conform to all district requirements
for principal buildings, including yard setbacks.
(i)
The design and appearance of the support structure and all accessory
buildings shall be reviewed and approved so as to minimize distraction,
reduce visibility, maximize aesthetic appearance, and ensure compatibility
with surroundings. It shall be the responsibility of the applicant
to maintain the wireless communication facility in a neat and orderly
condition.
(j)
The requirements of the Federal Aviation Administration, Federal
Communication Commission, and Michigan Aeronautics Commission shall
be noted.
(k)
A maintenance plan, and any applicable maintenance agreement,
shall be presented and approved as part of the site plan for the proposed
facility. Such plan shall be designed to ensure the long-term, continuous
maintenance to a reasonably prudent standard.
D.
Standards and conditions. Applications for wireless communication facilities, which may be approved as conditional uses, and in addition to review requirements as set forth in Article X, shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions set forth herein.
(1)
The applicant shall demonstrate the need for the proposed facility
to be located as proposed based upon the presence of one or more of
the following factors:
(a)
Proximity to an interstate or major thoroughfare.
(b)
Areas of population concentration.
(c)
Concentration of commercial, industrial, and/or other business
centers.
(d)
Areas where signal interference has occurred due to tall buildings,
masses of trees, or other obstructions.
(e)
Topography of the proposed facility location in relation to
other facilities with which the proposed facility is to operate.
(f)
Other specifically identified reason creating need for the facility.
(2)
The proposal shall be reviewed in conformity with the collocation
requirements of this section.
E.
Application requirements.
(1)
A site plan prepared in accordance with Article IX, Site Plan Review, shall be submitted, showing the location, size, screening, and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.
(2)
The application shall include a signed certification by a State
of Michigan licensed professional engineer with regard to the manner
in which the proposed structure will fall, which certification will
be utilized, along with other criteria, such as applicable regulations
for the district in question, in determining the appropriate setback
to be required for the structure and other facilities.
(3)
The application shall include a description of surety to be
posted at the time of receiving a building permit for the facility
to ensure removal of the facility when it has been abandoned or is
no longer needed, as provided in § 40-11.38G, Removal. In
this regard, the surety shall be in a form approved by the Township
Attorney.
(4)
The applicant shall include a map showing existing and known
proposed wireless communication facilities within the Township, and
further showing existing and known proposed wireless communication
facilities within areas surrounding the borders of the Township in
the location, and in the area, which are relevant in terms of potential
collocation or in demonstrating the need for the proposed facility.
Any proprietary information may be submitted with a request for confidentiality
in connection with the development pursuant to MCL 15.243(1)(g). This
chapter shall serve as the promise to maintain confidentiality to
the extent permitted by law. The request for confidentiality must
be prominently stated in order to bring it to the attention of the
community.
F.
Collocation.
(1)
Feasibility of collocation. Collocation shall be deemed to be
feasible for purposes of this section where all of the following are
met:
(a)
The wireless communication provider entity under consideration
for collocation will undertake to pay market rent or other market
compensation for collocation.
(b)
The site on which collocation is being considered, taking into
consideration reasonable modification or replacement of a facility,
is able to provide structural support.
(c)
The collocation being considered is technologically reasonable,
e.g., the collocation will not result in unreasonable interference
given appropriate physical and other adjustment in relation to the
structure, antennas, and the like.
(d)
The height of the structure necessary for collocation will not
be increased beyond a point deemed to be permissible by the Township,
taking into consideration the several standards set forth herein.
(2)
Requirements for collocation.
(a)
An approval for the construction and use of a new wireless communication
facility shall not be granted unless and until the applicant demonstrates
that a feasible collocation is not available for the coverage area
and capacity needs.
(b)
All new and modified wireless communication facilities shall
be designed and constructed so as to accommodate collocation.
G.
Removal.
(1)
A condition to every approval of a wireless communication facility
shall be adequate provision for removal of all or part of the facility
by users and owners when the facility has not been used for 180 days
or more. For purposes of this section, the removal of antennas or
other equipment from the facility, or the cessation of operations
(transmission and/or reception of radio signals) shall be considered
as the beginning of a period of nonuse. The applicant shall notify
the Township upon cessation of operations or removal of antenna.
(2)
In the situations in which removal of a facility is required, as set forth in Subsection G(1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Township.
(3)
If the required removal of a facility or a portion thereof has
not been lawfully completed within 60 days of the applicable deadline,
and after written notice, the Township may remove or secure the removal
of the facility or required portions thereof, with its actual cost
and reasonable administrative charge to be drawn or collected from
the security posted at the time application was made for establishing
the facility.
A.
Outdoor display and sales. Outdoor display and sales are subject
to the following standards and conditions:
(1)
Outdoor display and sales that is the principal use of the property is permitted as a conditional use in the C-2, Regional Commercial District, and the I, General Industrial District subject to the approval of the Planning Commission in accordance with Article X.
(2)
An outdoor display and sales that is as an accessory use to
the principal use conducted on the premises is permitted within the
C-1, Neighborhood Commercial District, the C-2, Regional Commercial
District, the I, General Industrial District, BD, Business District
and form-based districts after obtaining a zoning compliance permit
from the Zoning Administrator. In the administration of these provisions,
the Zoning Administrator may refer a request to the Planning Commission
for review and approval where site conditions may create difficulty
in adherence to the standards contained herein.
(3)
The exterior of the premises shall be kept clean, orderly, and
maintained.
(4)
The Township shall not be held liable or responsible for any
type of damage, theft, or personal injury that may occur as a result
of an outdoor display.
(5)
The location of the outdoor display shall meet all required
setbacks, and shall be approved by the Zoning Administrator.
(6)
An outdoor display shall not occupy or obstruct the use of any
fire lane, roadway, drive aisle, drive entrance, storage area, off-street
parking, or landscaped area required to meet the standards of this
chapter.
(7)
Outdoor sale and display areas that abut residentially zoned
or used property shall be screened in accordance with § 40-13.02.
(8)
Only those products that are sold or are similar to the products
sold within the principal building on the same lot may be permitted
to be sold or displayed outdoors.
B.
Seasonal sales. The outside sale of seasonal items, such as Christmas
trees, flowers and plants, pumpkins, and other such seasonal items
that are grown shall require a permit from the Zoning Administrator
subject to the following standards and conditions:
(1)
Seasonal sales may be located within any required side or rear
yard and shall be no closer to a public road right-of-way than the
required front yard setback or existing building, whichever is less.
Where outdoor displays abut residentially zoned property, landscape
screening in accordance with § 40-13.02 shall also be provided.
(2)
Seasonal sales shall not occupy or obstruct the use of any fire
lane, required off-street parking, or landscaped area required to
meet the requirements of this chapter.
(3)
Ingress and egress shall be provided in a manner so as not to
create a traffic hazard or nuisance.
(4)
Such sales shall be permitted for a period not to exceed 90
days.
(5)
Upon discontinuance of the seasonal use, any temporary structure
shall be removed.
Outdoor storage of goods, materials, and equipment shall be
prohibited unless otherwise specifically permitted in this section.
For those uses where the outdoor storage of goods, materials, and
equipment is permitted either by right or through a conditional use,
the following conditions shall apply:
A.
General regulations.
(1)
Such storage shall be strictly and clearly incidental to the
principal use, and only products and materials owned or produced by
the principal business, and equipment owned and operated by the principal
use shall be permitted for storage under the subsection.
(2)
Location and size.
(a)
The location and size of areas for such storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the conditional use permit application and indicated on a site plan, as set forth in Article IX.
(b)
Such storage shall not be located within the area between the
front face of the building, as extended across the entire width of
the lot, and to the right-of-way; in any required side or rear yard;
or in any required transition strip.
(c)
Such storage shall not be located in any required parking or
loading space.
(3)
Screening. The area for such storage shall be screened from
view on all sides. Screening shall be constructed of wood or masonry
materials. Wire fences with inserted strips of metal, plastic and
similar materials shall not be substituted for the required screening.
The screen shall not be less than the maximum height of the product
being stored.
B.
Contractors/landscapers yard.
(1)
The contractor's office building shall be of permanent construction.
(2)
Outdoor storage shall be accessory to the contractor's principal
office use of the property. Such outdoor storage shall not be located
within the front yard and shall be enclosed by an opaque fence up
to eight feet in height and/or landscape screening meeting the standards
set forth in § 40-13.02C.
(3)
All travel surfaces shall be paved as a condition of approval.
(4)
Cranes, booms or other extensions on equipment, trucks or other
vehicles parked on site shall be stored in the lowest possible configuration.
A.
General standards.
(1)
Outdoor seating and service operated by a restaurant or other
food establishment which sells food for immediate consumption may
be permitted in the C-1, C-2, BD, and form-based districts.
(2)
Outdoor seating and service shall be allowed only during normal
operating hours of the establishment.
(3)
The exterior of the premises shall be kept clean, orderly, and
maintained or the permit may be revoked. All food preparation shall
be inside of the premises.
(4)
The Township shall not be held liable or responsible for any
type of damage, theft, or personal injury which may occur as a result
of a sidewalk cafe operation.
(5)
All sidewalk seating areas shall comply with applicable regulations
of the County Health Department and the state.
B.
Application. An application depicting the location and layout of
the cafe facility shall be submitted to the Zoning Administrator.
Administrative site plan approval in accordance with § 40-9.05
shall be required. The Zoning Administrator may refer any application
for outdoor seating and service to the Planning Commission. A permit
shall remain in effect, unless there is a change in ownership or the
operation fails to meet the standards contained herein.
C.
Design standards.
(1)
An outdoor seating and service area shall be located on the
same property as the principal establishment. All required setbacks
must be met.
(2)
The outdoor seating and service area shall be located in a manner
which does not obstruct pedestrian access. If an outdoor cafe is located
on a sidewalk, not less than five feet of unobstructed, pedestrian
access along the sidewalk shall be maintained. Seating and service
areas shall be enclosed with decorative fencing and/or landscaping.
(3)
If additional seating is proposed as a result of outdoor seating
and service area, all off-street parking requirements shall be met.
A.
Days and hours. The event can only be carried on for a period not
exceeding four consecutive days and only between the hours of 7:00
a.m. and 10:00 p.m.
B.
Permits allowed in calendar year. In any calendar year, no more than
five permits for such events may be approved for a particular business
establishment.
C.
Parking location. Parking for such activity is provided on same site.
D.
Temporary structures. The total number, size, and location of tents
or other temporary structures shall be subject to the review and approval
of the Zoning Administrator based on factors, such as the size and
overall layout of the site, the street frontage, and the design and
occupancy of the building.
E.
Total area. The total square footage dedicated to the outdoor promotional
activity cannot exceed 10% of the lot area.
F.
Setbacks. Outdoor display and sale of merchandise is conducted at
least 100 feet from any premises used or zoned for residential purposes.
G.
Traffic control. The event does not occupy or utilize the street
right-of-way nor block traffic movement on the street, and allows
pedestrians to utilize the sidewalks.
H.
Sanitation facilities. Available sanitation facilities are adequate
to meet the requirements of the expected attendance, and any temporary
facilities are approved for use by the Washtenaw County Health Department.
I.
Fire or other hazards. Equipment and products used in the event pose
no unusual fire or other hazard.
J.
Nuisance. The use of any sound system shall be controlled so as not
to become a nuisance to adjacent properties.
K.
Application rejections. The Zoning Administrator may reject such
applications for cause, including, but not limited to, the advice
of the Department of Public Safety or the Township Engineer.
L.
Special events permits applications. Events that fall under the Pittsfield
Charter Township Special Events Policy require a special events permit.
A.
Physical barriers and setbacks. Such facilities that include paintball,
archery, and/or shooting ranges shall employ effective physical barriers
and isolation distances to assure that no projectile shall carry,
or be perceptible, beyond the property limit.
B.
Fencing. The Planning Commission may require that any or all of the
property of a club facility be fenced to contain any debris or materials
used or discarded on site and/or to prevent unauthorized access to
the grounds.
C.
Noise. Loud speakers broadcasting voice or music outside of a building
shall not be permitted within 500 feet of any residentially zoned
property.
A.
Lot size. An outdoor wood boiler may be installed and used only on
a lot that is five acres or more.
C.
Fuel.
(2)
Prohibited fuels. All other combustible materials are prohibited
from being burned in an outdoor wood boiler, including without limitation:
(a)
Treated or painted wood, including but not limited to plywood,
composite wood products, or other wood products that are painted,
varnished, or treated with preservatives.
(b)
Waste petroleum products, paints, varnishes, or other oily wastes.
(c)
Asphalt and products containing asphalt.
(d)
Any plastic, nylon, PVC, ABS, urethane foam, and other synthetic
materials.
(e)
Rubber products.
(f)
Newspapers, corrugated cardboard, container board, office paper,
and other paper products.
(g)
Grass clippings, brush trimmings, leaves, and general yard waste.
(h)
Rubbish, garbage, construction or demolition debris, or other
household or business wastes.
(i)
Any materials containing asbestos, lead, mercury, heavy or toxic
metals, or chemicals.
D.
Chimney. An outdoor wood boiler shall have a permanent attached chimney
(or stack) that extends at least 15 feet above the ground surface.
(1)
Exception. If the outdoor wood boiler is located more than 300
feet but less than 500 feet from a principal building on any adjacent
lot, then the chimney shall extend to a height equal to or greater
than the peak of the roof of the principal building on the adjacent
lot. Where two or more adjacent lots have principal buildings within
the above range of distances, the required chimney height shall be
equal to or greater than the highest of the roof peaks of the adjacent
principal buildings. In no event shall the chimney be less than 15
feet in height.
E.
Applicability. Does not apply to grilling or cooking food using charcoal,
wood, propane, or natural gas in cooking or grilling appliances nor
apply to the use of propane, acetylene, natural gas, gasoline, or
kerosene in a device intended for heating, construction, or maintenance
activities.
A.
Standards. The owner or occupant of any one- or two-family residence
may conduct up to six garage, rummage, or yard sales per calendar
year. Each sale may be for a period not to exceed 72 hours. Signage
for said sale(s) shall be as permitted in § 40-15.04B.
A.
Retail sales. Retail sales of the product produced on-site are allowed.
If to be consumed off-site, the product must be in the original packaging.
The product may also be sold and served on-site, and accessory retail
sales of related items are permitted.
B.
Wholesale. No more than 50% of the product may be produced for sale
to a wholesaler and at least 50% of the product must be sold for retail
use, to be consumed either on- or off-site.
C.
Enclosed buildings. All equipment used in the production and all
products produced must be located within the principal building.
D.
Nuisance. The production process shall not produce odors, dust, vibration,
noise, or other external impacts that are detectable beyond the property
lines of the subject property.
A.
Limitations. Smoking lounges shall only be permitted as a conditional
use in the C-2, Regional Commercial; I, Industrial; or BD, Business
Districts and only if approved by the State of Michigan Department
of Community Health as a tobacco specialty retail store or cigar bar
and possess a valid exemption of the State of Michigan smoking prohibition
as set forth in Section 12606a of the Michigan Clean Indoor Air Act
(MCL 333.12606a). Smoking lounges or cigar bars not possessing a valid
state exemption as a tobacco specialty retail store or cigar bar are
prohibited.
B.
Standards.
(1)
Off-street parking. Smoking lounges shall provide off-street
parking per the standard for Restaurants and Cafes, Standard restaurant
in Table 12.05.G-1.
(2)
Mechanical ventilation required. Mechanical ventilation shall
be supplied in compliance with the Michigan Mechanical Code to ensure
sufficient ventilation of the smoking lounge. The recirculation and
the natural ventilation of air from the smoking lounge are prohibited.
The air supplied to the smoking lounge shall be exhausted and discharged
to an approved location in compliance with the Michigan Mechanical
Code.
(4)
Notice on exterior. A clearly visible notice shall be posted
by the entry door to the premises that:
(6)
Alcoholic beverages. No alcoholic beverages shall be sold or
consumed on the premises.
(7)
Minors. No persons under 18 years of age shall be permitted
within the business.
(8)
The interior of the smoking lounge shall be maintained with
adequate illumination to make the conduct of patrons within the premises
readily discernible to persons with normal visual acuity.
(9)
No window coverings shall prevent visibility of the interior
of the smoking lounge from outside the premises during operating hours.
Any proposed window tint shall be approved in advance by the Township
Public Safety Department.
(10)
Smoking lounges may only be located on premises that are physically
separated from any areas of the same or adjacent establishments in
which smoking is prohibited by state law and where smoke does not
infiltrate into those nonsmoking areas. "Physically separated" shall
mean an area that is enclosed on all sides by any combination of solid
walls, windows, or doors that extend from the floor to ceiling.
[Added 5-25-2022 by Ord.
No. ZOA 21-215]
A.
Intent. The purpose of this section is to implement land use regulations
consistent with the provisions of the Michigan Medical Marihuana Facilities
Licensing Act (MMFLA), so as to protect the public health, safety,
and welfare of the residents and patients of the Township by setting
forth the manner in which medical marihuana facilities can be operated
in the Township. Further, the purpose of this section is to:
(1)
Provide for a means of cultivation, processing, and distribution
of marihuana to patients who qualify to obtain, possess, and use marihuana
for medical purposes under the Medical Marihuana Facilities Licensing
Act (MCL 333.27101 et seq.) and the Marihuana Tracking Act (MCL 333.27901
et seq.).
(2)
Protect public health and safety through reasonable limitations
on medical marihuana entities as they relate to noise, air and water
quality, neighborhood and patient safety, security for the facility
and its personnel, and other health and safety concerns.
(3)
Provide for the location/placement of marihuana facilities in
locations determined suitable for lawful marihuana facilities and
to minimize adverse impacts regulating the siting, design, placement,
security, and removal.
(4)
Impose fees to defray and recover the cost to the Township of
the administrative and law enforcement costs associated with medical
marihuana facilities.
(5)
Coordinate with laws and regulations that may be enacted by
the state addressing medical marihuana.
B.
CO-LOCATION
Definitions. Except as expressly defined below, all words and phrases
shall have the meaning given in the definitions section of the Medical
Marihuana Facilities Licensing Act, as appropriate.
Multiple marihuana licenses operating at the same location
as allowed by MMFLA.
C.
Applicability.
(1)
The overlay districts of this chapter apply in combination with
the underlying base district to impose regulations and standards that
address special geographic areas or land use issues.
(2)
In the event of conflict between overlay district regulations
and the regulations of the underlying base district, the overlay district
regulations govern. In all other cases, both the overlay district
and base district regulations apply.
D.
Medical marihuana facilities authorized.
(1)
Pursuant to the MMFLA, Pittsfield Township authorizes the operation
in the Township of the following marihuana facilities, provided they
possess a state operating license issued under the MMFLA state license
or licenses and they comply with the additional requirements of this
chapter, and all other applicable laws and ordinances:
(2)
Uses by subdistrict are outlined in § 40-11.48E(2).
E.
F.
Standards by type.
(1)
Grower. Applicable standards for grower facilities:
(a)
All grower facilities and operations must be within an enclosed
building.
(b)
A grower may hold more than one class of grower license.
(c)
Class A grower and Class B grower only permitted.
(d)
No pesticides or insecticides which are prohibited by applicable
law for fertilization or production of edible produce shall be used
on any marihuana cultivated, produced, or distributed by a marihuana
business.
(3)
Secure transporter. Applicable standards for secure transporter:
(a)
A secure transporter license authorizes the storage and transport
of marihuana, marihuana-infused products and money associated with
the purchase or sale of marihuana and marihuana-infused products between
marihuana facilities at the request of a person with legal custody
of the marihuana, marihuana-infused products, or money. It does not
authorize transport to a registered qualifying patient or registered
primary caregiver who is not a licensee.
(4)
Provisioning center. Applicable standards for provisioning centers:
(a)
Only one provisioning center license per parcel or lot.
(b)
All provisioning center activities must be conducted within
an enclosed building.
(c)
A provisioning center license authorizes the provisioning center
to transfer marihuana to or from a safety compliance facility for
testing by means of a secure transporter.
(d)
No live marihuana plants shall be located in a provisioning
center.
(e)
A provisioning center shall be closed for business, and no sale
or other distribution of marihuana in any form shall occur upon the
premises or be delivered to or from the premises, between the hours
of 9:00 p.m. and 7:00 a.m.
G.
Regulations applicable to all districts.
(1)
All other applicable state laws, rules, and regulations.
(2)
No person shall establish or operate a medical marihuana entity
in the Township without first having obtained from the state a license
for each such facility to be operated. License certificates shall
be kept current and publicly displayed within the facility. Failure
to maintain or display a current license certificate shall be a violation
of this section subject to § 40-3.07.
(3)
Applicant shall be fully licensed with the State of Michigan
and any other required licensing body including compliance with all
other applicable Township ordinances.
(4)
Standards.
(a)
It shall be unlawful to operate or cause to be operated a marihuana
facility or establishment within:
[2]
For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of the structure used in conjunction with the marihuana retail sales operation to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection G(1), (2), and (3) above. If the marihuana operation is located in a multitenant structure, the distance shall be measured from the closest part of the tenant space occupied by the marihuana operation to the closest point on a property boundary or Pittsfield Township Zoning Ordinance, § 40-11:28 right-of-way associated with any of the land use(s) identified in Subsection G(1) and (2) above.
[3]
A marihuana facility or establishment lawfully operating is
not rendered a nonconforming use by the subsequent location of another
noted use listed above within the distances specified in this section
of the marihuana facility or establishment. However, if a marihuana
facility or establishment ceases operation for a period of 180 days
or more, regardless of any intent to resume operation, it may not
recommence operation in that location unless it achieves conformity
with the Pittsfield Township ordinances.
(b)
Co-location shall be permitted in accordance with the Cannabis
Regulatory Agency rules.
(c)
Visibility of activities.
[1]
All activities of marihuana entities, including, without limitation,
the cultivating, growing, processing, displaying, manufacturing, selling,
and storage of marihuana and marihuana-infused products shall be conducted
indoors and out of public view.
[2]
No marihuana or paraphernalia shall be displayed or kept in
a business so as to be visible from outside the licensed premises.
(d)
Control of emissions.
[1]
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting a marihuana entity
must be provided at all times. In the event that any odors, debris,
dust, fluids or other substances exit a marihuana entity, the owner
of the subject premises and the licensee shall be jointly and severally
liable for such conditions and shall be responsible for immediate
full cleanup and correction of such condition. The licensee shall
properly dispose of all such materials, items and other substances
in a safe, sanitary and secure manner and in accordance with all applicable
federal, state and local laws and regulations.
[2]
No person, tenant, occupant, or property owner shall permit
the emission of any odor from any source to result in detectable odors
that leave the premises upon which they originated and interfere with
the reasonable and comfortable use and enjoyment of another's
property or could be detected by a person with a normal sense of smell
at the exterior of the marihuana business or at any adjoining use
or property.
[3]
Whether or not an odor emission interferes with the reasonable
and comfortable use and enjoyment of a property shall be measured
against the objective standards of a reasonable person of normal sensitivity.
[4]
A grower or a processor shall install and maintain in operable
condition a system which precludes the emission of marihuana odor
from the premises.
(e)
Amount of marihuana. The amount of marihuana on the permitted
property and under the control of the permit holder or owner or operator
of the facility or establishment shall not exceed that amount permitted
by the state license or applicable law.
(f)
Sale of marihuana. The marihuana offered for sale and distribution
must be packaged and labeled in accordance with state law.
(g)
Use of marihuana. The sale, consumption or use of alcohol or
tobacco products on the permitted premises is prohibited. Smoking
or consumption of controlled substances, including marihuana, on the
permitted premises is prohibited except as expressly allowed by state
law.
(h)
Distribution. No person operating a facility or establishment
shall provide or otherwise make available marihuana to any person
who is not legally authorized to receive marihuana under state law.
(i)
Permits. All necessary building, electrical, plumbing, and mechanical
permits must be obtained for any part of the permitted premises in
which electrical, wiring, lighting or watering devices that support
the cultivation, growing, and harvesting of marihuana are located.
(j)
Waste disposal. The permit holder, owner and operator of the
facility or establishment shall use lawful methods in controlling
waste or by-products from any activities allowed under the license
or permit.
(k)
An authorized person shall consent to the entry into a marihuana
facility by the Building Official and Zoning Inspector for the purpose
of inspection to determine compliance with this chapter pursuant to
a notice posted in a conspicuous place on the premises two or more
days before the date of the inspection or sent by first-class mail
to the address or the premises four or more calendar days before the
date of the inspection.
H.
Revocation. Any approved registered marihuana facility or establishment
that violates the terms of this section is grounds for revocation
of any or all approvals.
[Added 5-25-2022 by Ord.
No. ZOA 21-215]
A.
Intent. The purpose of this section is to implement land use regulations
consistent with the provisions of the Michigan Regulation and Taxation
of Marihuana Act (MRTMA), so as to protect the public health, safety,
and welfare of the residents and patients of the Township by setting
forth the manner in which adult-use marihuana establishments can be
operated in the Township. Further, the purpose of this section is
to:
(1)
Provide for a means of cultivation, processing, and distribution
of marihuana to patients who qualify to obtain, possess, and use marihuana
for adult purposes under the Michigan Regulation and Taxation of Marihuana
Act (MCL 333.27001 et seq.) and the Marihuana Tracking Act (MCL 333.27901
et seq.).
(2)
Protect public health and safety through reasonable limitations
on adult-use marihuana entities as they relate to noise, air and water
quality, neighborhood safety, security for the facility and its personnel,
and other health and safety concerns.
(3)
Provide for the location/placement of marihuana establishments
in locations determined suitable for lawful marihuana establishments
and to minimize adverse impacts regulating the siting, design, placement,
security, and removal.
(4)
Impose fees to defray and recover the cost to the Township of
the administrative and law enforcement costs associated with adult
use marihuana establishments.
(5)
Coordinate with laws and regulations that may be enacted by
the state addressing adult marihuana.
B.
CO-LOCATION
Definitions. Except as expressly defined below, all words and phrases
shall have the meaning given in the definitions section of the Michigan
Regulation and Taxation of Marihuana Act, as appropriate.
Multiple marihuana licenses operating at the same location
as allowed by MRTMA.
C.
Applicability.
(1)
The overlay districts of this chapter apply in combination with
the underlying base district to impose regulations and standards that
address special geographic areas or land use issues.
(2)
In the event of conflict between overlay district regulations
and the regulations of the underlying base district, the overlay district
regulations govern. In all other cases, both the overlay district
and base district regulations apply.
D.
Adult-use marihuana establishments authorized.
(1)
Pursuant to the MRTMA, Pittsfield Township authorizes the operation
in the Township of the following marihuana establishments, provided
they possess a state operating license issued under the MRTMA state
license or licenses and they comply with the additional requirements
of this chapter, and all other applicable laws and ordinances:
(2)
Uses by subdistrict are outlined in § 40-11.49E(2).
E.
F.
Standards by type.
(1)
Grower. Applicable standards for grower facilities:
(a)
All grower facilities and operations must be within an enclosed
building.
(b)
A grower may hold more than one class of grower license.
(c)
Class A grower and Class B grower only permitted.
(d)
No pesticides or insecticides which are prohibited by applicable
law for fertilization or production of edible produce shall be used
on any marihuana cultivated, produced, or distributed by an adult-use
marihuana business.
(3)
Secure transporter. Applicable standards for secure transporter:
(a)
A secure transporter license authorizes the storage and transport
of marihuana, marihuana-infused products and money associated with
the purchase or sale of marihuana and marihuana-infused products between
marihuana facilities at the request of a person with legal custody
of the marihuana, marihuana-infused products, or money. It does not
authorize transport to a registered qualifying patient or registered
primary caregiver who is not a licensee.
(4)
Retailer. Applicable standards for retailer:
(a)
Only one retailer license per parcel or lot.
(b)
All retailer activities must be conducted within an enclosed
building.
(c)
A retailer license authorizes the retailer to transfer marihuana
to or from a safety compliance facility for testing by means of a
secure transporter.
(d)
No live marihuana plants shall be located in a retailer.
(e)
A retailer shall be closed for business, and no sale or other
distribution of marihuana in any form shall occur upon the premises
or be delivered to or from the premises, between the hours of 9:00
p.m. and 7:00 a.m.
G.
Regulations applicable to all districts.
(1)
All other applicable state laws, rules, and regulations.
(2)
No person shall establish or operate an adult-use marihuana
commercial entity in the Township without first having obtained from
the state a license for each such facility to be operated. License
certificates shall be kept current and publicly displayed within the
facility. Failure to maintain or display a current license certificate
shall be a violation of this section subject to § 40-3.07.
(3)
Applicant shall be fully licensed with the State of Michigan
and any other required licensing body including compliance with all
other applicable Township ordinances.
(4)
Standards.
(a)
It shall be unlawful to operate or cause to be operated a marihuana
facility or establishment within:
[2]
For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of the structure used in conjunction with the marihuana retail sales operation to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection G(1), (2), and (3) above. If the marihuana operation is located in a multitenant structure, the distance shall be measured from the closest part of the tenant space occupied by the marihuana operation to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection G(1) and (2) above.
[3]
A marihuana facility or establishment lawfully operating is
not rendered a nonconforming use by the subsequent location of another
noted use listed above within the distances specified in this section
of the marihuana facility or establishment. However, if a marihuana
facility or establishment ceases operation for a period of 180 days
or more, regardless of any intent to resume operation, it may not
recommence operation in that location unless it achieves conformity
with the Pittsfield Township ordinances.
(b)
Co-location shall be permitted in accordance with the Cannabis
Regulatory Agency rules.
(c)
Visibility of activities.
[1]
All activities of marihuana entities, including, without limitation,
the cultivating, growing, processing, displaying, manufacturing, selling,
and storage of marihuana and marihuana-infused products shall be conducted
indoors and out of public view.
[2]
No marihuana or paraphernalia shall be displayed or kept in
a business so as to be visible from outside the licensed premises.
(d)
Control of emissions.
[1]
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting a marihuana entity
must be provided at all times. In the event that any odors, debris,
dust, fluids or other substances exit a marihuana commercial entity,
the owner of the subject premises and the licensee shall be jointly
and severally liable for such conditions and shall be responsible
for immediate full cleanup and correction of such condition. The licensee
shall properly dispose of all such materials, items and other substances
in a safe, sanitary and secure manner and in accordance with all applicable
federal, state and local laws and regulations.
[2]
No person, tenant, occupant, or property owner shall permit
the emission of any odor from any source to result in detectable odors
that leave the premises upon which they originated and interfere with
the reasonable and comfortable use and enjoyment of another's
property or could be detected by a person with a normal sense of smell
at the exterior of the marihuana business or at any adjoining use
or property.
[3]
Whether or not an odor emission interferes with the reasonable
and comfortable use and enjoyment of a property shall be measured
against the objective standards of a reasonable person of normal sensitivity.
[4]
A grower or a processor shall install and maintain in operable
condition a system which precludes the emission of marihuana odor
from the premises.
(e)
Amount of marihuana. The amount of marihuana on the permitted
property and under the control of the permit holder or owner or operator
of the facility or establishment shall not exceed that amount permitted
by the state license or applicable law.
(f)
Sale of marihuana. The marihuana offered for sale and distribution
must be packaged and labeled in accordance with state law.
(g)
Use of marihuana. The sale, consumption or use of alcohol or
tobacco products on the permitted premises is prohibited. Smoking
or consumption of controlled substances, including marihuana, on the
permitted premises is prohibited except as expressly allowed by state
law.
(h)
Distribution. No person operating a facility or establishment
shall provide or otherwise make available marihuana to any person
who is not legally authorized to receive marihuana under state law.
(i)
Permits. All necessary building, electrical, plumbing, and mechanical
permits must be obtained for any part of the permitted premises in
which electrical, wiring, lighting or watering devices that support
the cultivation, growing, and harvesting of marihuana are located.
(j)
Waste disposal. The permit holder, owner and operator of the
facility or establishment shall use lawful methods in controlling
waste or by-products from any activities allowed under the license
or permit.
(k)
An authorized person shall consent to the entry into a marihuana
facility by the Building Official and Zoning Inspector for the purpose
of inspection to determine compliance with this chapter pursuant to
a notice posted in a conspicuous place on the premises two or more
days before the date of the inspection or sent by first-class mail
to the address of the premises four or more calendar days before the
date of the inspection.
H.
Revocation. Any approved registered marihuana facility or establishment
that violates the terms of this section is grounds for revocation
of any or all approvals.
