(1)    General or specialized farming, truck gardening, greenhouses, and nurseries, provided that no commercial butchering shall be done on the farm other than of animals raised on the farm. Further, farms devoted to the housing or breeding of horses, including horse training facilities and other farm animals including cattle, swine, sheep or goats, shall have a minimum often 10 acres. For parcels having an area of less than 20 acres, the kennels or pens shall not be closer than 200 feet from all other residences. In cases where there is no residence on the adjacent parcel, the kennels or pens location shall be based on the assumption that the residence would be located at the minimum side yard setback line (see illustration). Farmers are permitted to pasteurize milk from their own farms and from not more than 3 other farms;

      (2)   Detached single family dwelling;

      (3)   Adult foster care family home;

      (4)   Adult foster care small group home;

      (5)   Family day care home;

      (6)   Foster family home;

      (7)   Foster family group home;

      (8)   A roadside stand may be built to the front property line, provided:

         (a)   That the structure shall be used solely by the owner, manager or tenant of the land on which it is located for the sale of produce grown on said land. No produce shall be sold on the state or county road right-of-way.

         (b)   That adequate off-street parking shall be provided and the owner or operator of the stand will not permit the customers to stand or park on the public right-of-way.

      (9)   Home occupations; and

      (10)   Accessory buildings when located in accordance with the requirements of this chapter.

      (1)   Migrant farm camps;

      (2)   Retail establishments designed to cater to the touring public and including such uses as cider mills, antique dealers, woodworking and quilt shops, and collectibles and craft stores;

      (3)   Campgrounds;

      (4)   Small aircraft airports;

      (5)   Private landing fields;

      (6)   Adult foster care large group homes and congregate care facilities;

      (7)   Two-unit dwellings;

      (8)   Veterinary clinics with outdoor runs;

      (9)   Kennels;

      (10)   Child care facilities;

      (11)   Group daycare home;

      (12)   Golf driving ranges;

      (13)   Golf courses;

      (14)   Excavation of gravel and sand;

      (15)   Temporary residence/structure;

      (16)   Raising farm animals on lots less than 10 acres in area;

      (17)   Temporary outdoor sales;

      (18)   Churches;

      (19)   Public, parochial, and private elementary, intermediate and/or high schools, and institutions of higher learning, offering courses in general education;

      (20)   Public libraries, cemeteries, governmental museums, fire stations, municipal buildings and essential services;

      (21)   Bed and breakfast operations; and

      (22)   Any other use which is determined by the Planning Commission to be of the same general character as, and compatible with, the above permitted uses.

      (1)   § 152.100 Schedule of Regulations;

      (2)   § 152.031 Performance Standards;

      (3)   §§ 152.065 and 152.067 Off-Street Parking and Loading;

      (4)   §§ 152.075 and 152.076 Fences and Walls;

      (5)   § 152.077 Screening of Trash Storage Areas;

      (6)   § 152.078 Landscaping; and

      (7)   § 152.085 Signs.

(Ord. Art. IX, passed 5-22-1997; Am. Ord. 446, passed 9-12-2013; Am. Ord. 464, passed 8-14-2014)

      (1)   Single-family detached dwelling;

      (2)   General or specialized farming, truck gardening, greenhouses, and nurseries, provided that no commercial butchering shall be done on the farm other than of animals raised on the farm. Further, farms devoted to the housing or breeding of horses, including horse training facilities and other farm animals including cattle, swine, sheep or goats, shall have a minimum of 10 acres. For parcels having an area of less than 20 acres, the kennels or pens shall not be closer than 200 feet from all other residences. In cases where there is no residence on the adjacent parcel, the kennels or pens location shall be based on the assumption that the residence would be located at the minimum side yard setback line (see illustration in § 152.105). Farmers are permitted to pasteurize milk from their own farms and that from not more than 3 other farms;

      (3)   A roadside stand may be built to the front property line, provided:

         (a)   That the structure shall be used solely by the owner, manager or tenant of the land on which it is located for the sale of produce grown on the land. No produce shall be sold on the state or county road right-of-way; and

         (b)   That adequate off-street parking shall be provided and the owner or operator of the stand will not permit the customers to stand or park on the public right-of-way.

      (4)   Adult foster care family home;

      (5)   Adult foster care small group home;

      (6)   Family day care home;

      (7)   Foster family home;

      (8)   Foster family group home;

      (9)   Home occupations; and

      (10)   Accessory buildings when located in accordance with the requirements of this chapter.

   (C)   Principal uses permitted subject to special conditions. The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with §§ 152.130 through 152.136 and §§ 152.150 through 152.152.

      (1)   Greenhouses;

      (2)   Tree and shrub nurseries;

      (3)   Adult foster care, large group homes and congregate cave facilities;

      (4)   Group day care home;

      (5)   Small aircraft airports and landing fields;

      (6)   Two-unit dwellings;

      (7)   Child care facilities;

      (8)   Golf courses;

      (9)   Temporary residence/structure;

      (10)   Public libraries, cemeteries, governmental museums, fire stations, municipal buildings;

      (11)   Public, parochial, and private elementary, intermediate and/or high schools, and institutions of higher learning, offering courses in general education;

      (12)   Churches;

      (13)   Bed and breakfast operations;

      (14)   Any other use which is determined by the Planning Commission to be of the same general character as, and compatible with, the above permitted uses.

      (1)   § 152.100 Schedule of Regulations;

      (2)   § 152.031 Performance Standards;

      (3)   §§ 152.065 and 152.067 Off-Street Parking and Loading;

      (4)   §§ 152.075 and 152.076 Fences and Walls;

      (5)   § 152.077 Screening of Trash Storage Areas;

      (6)   § 152.078 Landscaping; and

      (7)   § 152.085 Signs.

(Ord. Art. X, passed 5-22-1997; Am. Ord. 454, passed 10-10-2013; Am. Ord. 462, passed 8-14-2014)

      (1)   Single-family detached dwelling;

      (2)   General or specialized farming, truck gardening, greenhouses, and nurseries, provided that no commercial butchering shall be done on the farm other than of animals raised on the farm. Further, farms devoted to the housing or breeding of horses, including horse training facilities and other farm animals including cattle, swine, sheep or goats, shall have a minimum of 10 acres. For parcels having an area of less than 20 acres, the kennels or pens shall not be closer than 200 feet from all other residences. In cases where there is no residence on the adjacent parcel, the kennels or pens location shall be based on the assumption that the residence would be located at the minimum side yard setback line (see illustration in § 152.105). Farmers are permitted to pasteurize milk from their own farm or farms and that from not more than three other farms;

      (3)   A roadside stand may be built to the front property line, provided:

         (a)   That the structure shall be used solely by the owner, manager, or tenant of the land on which it is located for the sale of produce grown on said land. No produce shall be sold on the state or county road right-of-way;

         (b)   That adequate off-street parking shall be provided and the owner or operator of the stand will not permit the customers to stand or park on the public right-of-way.

      (4)   Adult foster care small group home;

      (5)   Adult foster cave family home;

      (6)   Family day care home;

      (7)   Foster family home;

      (8)   Foster family group home;

      (9)   Home occupations; and

      (10)   Accessory buildings when located in accordance with the requirements of this section.

   (C)   Principal uses permitted subject to special conditions. The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with §§ 152.130 through 152.136 Site Plan Review, and §§ 152.150 through 152.152.

      (1)   Greenhouses;

      (2)   Tree and shrub nurseries;

      (3)   Child care facilities;

      (4)   Group day care home;

      (5)   Two-unit dwellings;

      (6)   Adult foster care large homes and congregate care facilities;

      (7)   Golf courses;

      (8)   Temporary residence/structure;

      (9)   Kennels;

      (10)   Public libraries, cemeteries, governmental museums, tire stations, municipal buildings and essential services;

      (11)   Public, parochial, and private elementary, intermediate and/or high schools, and institutions of higher learning, offering courses in general education;

      (12)   Churches;

      (13)   Bed and breakfast operations; and

      (14)   Any other use which is determined by the Planning Commission to be of the same general character as, and compatible with, the above permitted uses.

      (1)   § 152.100 Schedule of Regulations;

      (2)   § 152.031 Performance Standards;

      (3)   §§ 152.065 and 152.067 Off-Street Parking and Loading;

      (4)   §§ 152.075 and 152.076 Fences and Walls;

      (5)   § 152.077 Screening of Trash Storage Areas;

      (6)   § 152.078 Landscaping; and

      (7)   § 152.085 Signs.

(Ord. Art. XI, passed 5-22-1997; Am. Ord. 455, passed 10-10-2013; Am. Ord. 463, passed 8-14-2014)

      (1)   To encourage the construction of, and the continued use of the land for 1-family dwellings;

      (2)   To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district;

      (3)   To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

      (4)   To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets;

      (5)   To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for 1-family dwellings;

      (1)   Detached 1-family dwelling;

      (2)   Adult foster care small group home;

      (3)   Adult foster care family home;

      (4)   Family day care home;

      (5)   Foster family home;

      (6)   Foster family group home;

      (7)   Home occupations; and

      (8)   Accessory buildings when located in accordance with the requirements of this chapter.

      (1)   Churches;

      (2)   Public, parochial, and private elementary, intermediate and/or high schools, and institutions of higher learning, offering courses in general education;

      (3)   Child care facilities;

      (4)   Group day care home;

      (5)   Private noncommercial recreational areas, institutional or community recreation centers, and nonprofit swimming pool clubs;

      (6)   Public libraries, cemeteries, governmental museums, fire stations municipal buildings, and essential services;

      (7)   Two-unit dwelling;

      (8)   Temporary residence/structure;

      (9)   General or specialized farming, truck gardening, greenhouses, and nurseries, provided that no commercial butchering shall be done on the farm other than of animals raised on the farm. Further, farms devoted to the housing or breeding of horses, including horse training facilities and other farm animals including cattle, swine, sheep or goats, shall have a minimum of 10 acres. For parcels having an area of less than 20 acres, the kennels or pens shall not be closer than 200 feet from all other residences. In cases where there is no residence on the adjacent parcel, the kennels or pens location shall be based on the assumption that the residence would be located at the minimum side yard setback line (see illustration in § 152.105). Farmers are permitted to pasteurize milk from their own farms and that from not more than three other farms; and

      (10)   Any other use which is determined by the Planning Commission, to be of the same general character as, and compatible with, the above permitted uses.

      (1)   Land area where a building is to be erected, altered or used shall not be less than 30,000 square feet nor have a width of less than 150 foot frontage where the property is not serviced and connected to either public sewer or public water. Where the property is serviced and connected to a public sewer, but not public water, shall be not less than 17,500 square feet with a minimum frontage of 100 feet. Where the property is serviced and connected to both public sewer and public water, the minimum land area shall be 13,500 square feet with a minimum frontage of 100 by depth of 135 feet. In the case of irregular shaped lots, the minimum frontage may be measured on front building line rather than the front lot line, but minimum lot areas must be maintained.

      (2)   Front yard setbacks shall be based on the requirements of § 152.100, footnote (a). When 50% percent of the lots arc built upon that block at the passage of this section the front yard setback shall be the mean average of the buildings in that block not to exceed 25 feet.

      (3)   Any lot which is less than 150 feet in width shall not be deeper than 4 times its width.

      (4)   Land areas where a building is to be erected, altered or used for 2-family dwellings shall be not less than 30,000 square feet with not less than 150 feet of frontage.

(Ord. Art. XII, passed 5-22-1997; Am. Ord. 404, passed 5-22-1997; Am. Ord. 456, passed 10-10-2013; Am. Ord. 461, passed 8-14-2014)

      (1)   All uses permitted in the FS residential district. The standards applicable to the FS district shall apply as minimum standards when one-family detached dwellings are erected.

      (2)   Boarding and lodging house (not over 5 guest rooms).

      (3)   Two-family dwellings.

      (4)   Multiple-family dwellings.

      (5)   Accessory buildings when located in accordance with the requirements of this section.

      (1)   All special condition uses in the FS District.

      (2)   Home for the aged (congregate care facility).

      (3)   Temporary residence/structure.

      (4)   Any other use which is determined by the Planning Commission, to be of the same general character as, and compatible with, the above permitted uses.

      (1)   Land areas where a building is to be erected, altered or used for two family dwellings shall be not less than 21,000 square feet with not less than 120 feet of frontage.

      (2)   For multiple dwelling uses, other than those that provide individual driveways and attached garages such as townhouses, required front yards shall not be used for vehicular parking or driveways but shall be maintained as a green yard area. This front yard area may not be used as any portion of the recreation area required except any portion thereof located more distant than 25 feet from said edge of the front roadway which may be used in computing required recreational areas if an open green area and no buildings, drives or parking area are located thereon.

      (3)   A 10-foot wide green, landscaped area shall be proved around all multi-family structures, free of streets, other than those that provide individual driveways and attached garages such as townhouses driveways or parking areas.

      (4)   No structure containing multi-family dwelling units shall be located closer than 30 feet from any other structure containing dwelling units.

      (1)   No multiple family development shall be developed unless all streets and off street parking areas are paved in accordance with township standards.

      (2)   No permit shall be issued unless adequate provision is made for sewer and water for the development.

      (1)   § 152.100 Schedule of Regulations;

      (2)   § 152.031 Performance Standards;

      (3)   §§ 152.065 and 152.067 Off-Street Parking and Loading;

      (4)   §§ 152.075 and 152.076 Fences and Walls;

      (5)   § 152.077 Screening of Trash Storage Areas;

      (6)   § 152.078 Landscaping; and

      (7)   § 152.085 Signs.

(Ord. Art. XIII, passed 5-22-1997; Am. Ord. 465, passed 8-14-2014)

   (A)   Intent. 

      (1)   The intent of the Manufactured Housing Community District is to provide an affordable housing alternative where placement of such a development would be appropriate and consistent with the general character of the township.  The standards required in this district are intended to be consistent with the adopted standards for other types of housing in the township.  In addition to the standards of this chapter, all manufactured housing developments shall comply with Michigan Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended.  However, some standards of this chapter are more stringent than the typical standards promoted by the Michigan Manufactured Housing Commission.  These more stringent standards reflect the overall nature of Charter Township of Clayton, in contrast with some other areas of Michigan where the universal rules of the Manufactured Housing Commission may be appropriate.  These adopted standards are designed to foster and encourage development which complements and protects the investment on adjacent properties, and promotes preservation of important natural features.

      (2)   Since the characteristics, densities and impacts of a manufactured housing development typically simulate those of multiple-family residential developments, and because they typically are served by private streets and utility systems which intercept the local street and utility systems, manufactured housing parks are not necessarily considered to be completely compatible with other types of single-family neighborhoods.  Therefore, manufactured housing developments are intended to serve as a transitional use between residential and nonresidential districts, similar to the manner and fashion in which multiple-family districts are to be utilized.

   (B)   Principal uses permitted.  In a Manufactured Housing Community District, no building, structure or land shall be used, and no building or structure shall be erected, except for 1 or more of the following specified uses unless otherwise provided in this chapter.

      (1)   Manufactured housing developments, which conform to the requirements of this section, and the Department of Housing and Urban Development (HUD) standards, or A.N.S.I standards;

      (2)   Community accessory uses, building and structures, including 1 management office building, utility/laundry buildings, auxiliary storage space for manufactured housing development tenants, community buildings for use by the tenants, recreation areas, playgrounds and recycling stations.  All such accessory uses and structures shall meet the standards provided in this section.  Swimming pools shall also meet the specific standards listed in division (E)(19) below;

      (3)   State-licensed adult and childcare facilities in a manufactured home which are permitted in the single-family zoning districts, subject to the approval of the development management;

      (4)   Accessory structures on manufactured home sites including decks, private garages, carports and enclosed or screened storage areas which meet the standards of this section and the Rules and Regulations promulgated by the Michigan Manufactured Housing Commission, or its successor;

      (5)   The business of selling new or used manufactured homes in the development, which are to remain on-site, may be sold by the resident, owner or a licensed dealer or broker, provided the manufactured housing development management permits the sale;

      (6)   All electrical, telephone, cable TV and gas lines, located within the development, as an available service in the park, shall be placed underground, and shall be subject to the other related definitional and use provisions of this chapter; and

      (7)   Uses not specifically noted above are prohibited as permitted principal uses.

   (C)   Special land uses.

      (1)   Schools, school-related facilities, churches, temples and similar places of worship, connected with the operation of a licensed manufactured housing development or similar uses not included in this division;

      (2)   Adult and childcare facilities in a manufactured home or community building which are listed as special land uses in the Single-Family Zoning Districts, subject to the approval of the development management; and

      (3)   Golf courses.

   (D)   Required conditions.  Manufactured housing developments shall be subject to the review and approval of a site plan by the Planning Commission.  The site plan shall consist of a manufactured housing development preliminary plan, as described in § 11 of the Mobile Home Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended.  Such review of the site plan is required in order to minimize the possibility of adverse effects upon adjacent property; and furthermore to find proper relationships in the development features as they relate to traffic safety, service roads, driveways, parking areas; accessory buildings and uses, and planned open space.

   (E)   Design standards for overall development.

      (1)   Minimum development size.  Manufactured housing developments shall be at least 15 acres in area, excluding adjacent parcels which may be proposed for expansion.

      (2)   Access. 

         (a)   The main entrance to the development shall have access to a public thoroughfare or shall be connected to a paved collector or arterial road by a hard surfaced road in a permanent easement which shall be recorded by the developers.  Sole access to the development via an alley is prohibited.

         (b)   Entranceway structures, including but not limited to walls, columns and gates marking the entrance to a manufactured housing development, may be permitted, and may be located in a required yard, except as provided in this division (E).  Such entranceway structures shall be designed to maintain a Clear Vision Zone as described in division (E)(2)(c) below, to permit unobstructed access by all emergency equipment,  and the allowance for “clear vision” shall otherwise comply with all codes and ordinances of the township and county.  Sight distance from points of ingress and egress shall be approved by the Genesee County Road Commission.  The structure and roadway location shall also be approved by the Charter Township of Clayton.

         (c)   The clear vision zone is an unobstructed triangular area described as follows:  the area formed at the intersection of 2 road right-of-way lines where the 2 sides of the triangular area are 25 feet long measured along abutting public rights-of-way lines, and the base of the triangle is a line connecting the 2 end points of the triangle’s sides; also, the area formed at the intersection of a road right-of-way line and a driveway where the 2 sides of the triangle are 10 feet long measured along the abutting public rights-of-way line and the edge of the driveway, and the base of the triangle is a line connecting the 2 end points of the triangle’s sides.

      (3)   Overall park setback along perimeter.  Manufactured homes shall be set back at least 50 feet from any public street right-of-way line.  The setback shall include a minimum 20-foot wide greenbelt, which includes minimum screening, as outlined in division (E)(4)(b) of this section.

      (4)   Landscaping, screening and ground cover.  A landscape and screening plan shall be incorporated in the preliminary plans submitted for site plan review to the Township Planning Commission.  The plan shall indicate the type and size of landscape planting and screening  improvements to be completed in the proposed manufactured housing development. Manufactured housing developments shall be landscaped and screened as follows:

         (a)   Exposed surfaces.  Exposed ground surfaces in all parts of the manufactured housing development shall be paved or covered with stone or other solid material or protected with grass, trees or shrubs that are capable of preventing soil erosion.  The ground surface in all parts of every manufactured housing development shall be graded and equipped to drain all surface water in a safe, efficient manner.

            1.   If the manufactured housing development abuts an existing residential development, the development shall be required to provide a 20-foot wide greenbelt screening along the development boundary abutting the existing residential development, as outlined in division (E)(2) of this section.  If the manufactured housing development abuts a nonresidential development, the developer need not provide screening.

            2.   In all cases, however, a manufactured housing development shall provide screening along the park boundary abutting a public right-of-way.

         (b)   Perimeter screening.  All manufactured housing development shall be screened from existing adjacent residences by either a 6-foot screen wall or a densely planted landscaped screen.

            1.   Screen wall option. If provided, screen walls shall be constructed of masonry material that is constructed of face brick, decorative block or poured concrete with a simulated brick or stone pattern.  Required walls shall be placed inside and adjacent to the lot line except where underground utilities would interfere with the placement of the wall or where the wall would unreasonably obstruct the use of adjacent property, in which case the wall may be set back in the manufactured housing development from the property line a sufficient distance to resolve such concerns.

            2.   Landscape screen option. The landscaping screening shall consist of evergreen trees or shrubs and berming of 6 feet in combined height.  The trees shall be a minimum of 3 feet in  height, at the time of planting, and which are spaced and/or staggered so they provide a continuous screen at maturity, consistent with standards set forth in division (E)(3) of this section.  Slopes for the berm shall not exceed a 4 to 1 slope with a minimum of a 2-foot flat surface on the top of the berm.  Alternative screening devices, subject to prior Township Planning Commission approval, may be utilized if they conceal the manufactured housing development as effectively as the required landscaping described above, and provided the alternative screening is kept in good repair.

         (c)   Landscaping adjacent to road.  A landscaped berm measuring 2-1/2 to 3 feet in height shall be constructed along the public roads on which the manufactured housing development  fronts.  The berm shall be constructed with slopes no steeper than 1 foot vertical rise for each 4 feet horizontal run.  Landscaping adjacent to the road shall comply with the following requirements, consistent with landscaping required for other types of development in Clayton Township.

 

 

         (d)   Site landscaping.  A minimum of 1 deciduous or evergreen tree shall be planted per 2 manufactured home sites.

         (e)   Parking lot landscaping. Off-street parking lots containing more than 15 spaces shall be provided with at least 10 square feet of interior parking lot landscaping per space.  Such areas shall measure at least 150 square feet and shall be covered by grass, ground cover, shrubs or other live plant material.  At least 1 deciduous tree shall be planted per parking lot landscaped area.

         (f)   Perpetual maintenance.  Dead, damaged and/or diseased screening shall be replaced, within a reasonable time frame, so as to maintain the approved and/or allowed screening technique originally put in place.

      (5)   Required open recreation space.  A minimum of 2% of the development’s gross acreage shall be dedicated to well drained, useable open space, provided that a minimum of 25,000 square feet of open space shall be provided.  This open space may be developed with appropriate recreational facilities and play equipment.  The location, shape and development plan for the recreational area shall be reviewed and approved by the Planning Commission, but in no case shall any required open space area be longer than 1.5 times its width.  At least half of the open space area shall be graded, developed and sodded to provide recreation for the residents of the manufactured housing development.  Open space shall be maintained by the manufactured housing development management, and shall be relatively accessible to all areas of the development.

      (6)   Street layout.  Maximum cul-de-sac length shall be 1,000 feet.  A dead-end road shall terminate with an adequate turning area which is to be approved by the local fire authorities.  A blunt-end road is prohibited.  Adequate sight distance shall be provided at all intersections, in accordance with clear vision standards applicable to all areas of the township, and those set forth in division (E)(2)(c) above.

      (7)   Street width.  Streets or drives within the manufactured housing development shall be constructed to in accordance with the general standards set forth by the Manufactured Housing Commission.  In addition, 2-way circulation shall be required, with a minimum width of 21 feet with no on-street parking, 31 feet where parallel parking is permitted on 1 side and 41 feet where parallel parking is permitted on both sides.  Streets not permitting parking shall be clearly marked or signed.

      (8)   Street names/signs. All streets and roads shall be clearly marked with appropriate identification and traffic-control signs.  For the protection of the public safety, an orderly street name system and numbering system shall be established by the manufactured housing development owner and a plan of this system shall be verified and approved by the Township Fire Department.  Manufactured home space numbers shall be located uniformly on each space, manufactured home unit or identification marker throughout the manufactured housing development, and street names shall be adequately marked.

      (9)   Street geometry.  The alignment and gradient of a street shall be graded for its full width to drain surface water.  Specific standards promulgated by MDEQ for the Manufactured Housing Commission shall be strictly adhered to.

      (10)   Street materials.  All streets and drives shall be constructed with materials suitable for subgrades and hard surface in compliance with the standards of the American Association of State Highway and Transportation Officials, adopted herein by reference.  Curbing may be installed on service drives.  The development roadways shall be constructed as follows:

         (a)   Streets shall be crowned with drainage directed to gutters or outside edges;

         (b)   Centerline drainage shall be prohibited;

         (c)   Curbing shall be concrete, if used;

         (d)   If integral valley curbing and gutter or mountable curb and gutter is used, the height of the curb measured from the gutter line shall be between 3 and 5 inches; and

         (e)   Crosswalks shall conform to Public Act 8 of 1973, being M.C.L.A. § 125.1361.

      (11)   Sidewalks. A 5-foot wide concrete sidewalk shall be constructed along the public road(s) on which the manufactured housing development fronts.  The sidewalk shall be located within the road right-of-way or easement, beginning 1 foot inside the right-of-way or easement line.  Additionally, should the developer choose to employ internal sidewalk systems, the sidewalk systems shall conform to the Manufactured Housing Commission standards, as promulgated.   

      (12)   Accessory buildings and facilities.  Any accessory buildings and facilities constructed within the manufactured housing development shall be designated and serviced consistent with the following requirements:

         (a)   Accessory buildings and structures, including development management offices and public works facilities, storage building, laundry facilities, recreation or community facilities, and other accessory facilities, shall be designed and operated for use by only residents, guests and employees of the manufactured housing development.

         (b)   Site-built buildings within a manufactured housing development shall be constructed in compliance with the Charter Township of Clayton Building Code and shall require all applicable permits.  Any addition to a manufactured housing unit that does not comply with the standards of the U.S. Department of Housing and Urban Development for manufactured homes shall comply with the Charter Township of Clayton Building Codes.  Site plan approval shall be required prior to construction of any on-site building within a manufactured home development, except for storage sheds or garages for individual manufactured homes.  Storage sheds and garages shall require a building permit from the township prior to construction.

         (c)   Each manufactured home shall be permitted 1 storage shed and 1 garage.  The installation of any such shed or garage shall comply with codes and ordinances of Charter Township of Clayton and shall require a building permit.  Storage underneath a manufactured home or unscreened outdoor storage on any manufactured home site is prohibited.  Storage sheds need not be supplied by the owner of the manufactured housing development.  A storage shed shall not exceed a floor area greater than 144 square feet.  A carport or garage shall not exceed 576 square feet.

      (13)   Building height.  Maximum height of any community accessory buildings and structures shall be 30 feet.

      (14)   Storage.  If the owner of the manufactured housing development shall permit storage of boats, motorcycles, recreation vehicles and similar equipment in the manufactured housing development, common areas for the storage of that equipment shall be provided by the owner within the development.  Such storage shall be limited to use only by residents of the manufactured housing development.  If proposed, the location of such storage areas shall be shown on the preliminary site plan.  No part of any such storage area shall be located in a required yard on the perimeter of the manufactured housing development.  The storage area shall be screened from view from existing residences adjacent to the manufactured housing development in accordance with the screening provisions described in division (E)(4) above.  Manufactured housing development owners who prohibit storage of boats, off-the-road motorcycles, recreation vehicles and similar equipment are not required to construct common areas for storage.

      (15)   Drainage. The manufactured housing development shall provide sufficient stormwater facilities, independent of sanitary sewers, to prevent flooding of streets, lot or recreation areas.  On-site stormwater detention facilities, if provided, may be required to be fenced for safety reasons.  The street drainage system shall be designed in such a way so as to minimize ponding and icing conditions.  All stormwater drainage improvements shall be subject to review and approval by the Genesee County Drain Commissioner, the Michigan Department of Environmental Quality, in accordance with MDEQ Manufactured Home Park Standards, pursuant to Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended.

      (16)   Waste receptacles. Waste receptacles shall be provided unless curbside pickup is provided.  An on-site recycling station for residents may be provided at a location approved by the Planning Commission and the Michigan Department of Environmental Quality.  Adequate screening shall be provided, as required for the placement of outdoor storage areas.

      (17)   Underground wiring.  All local distribution lines for franchised utilities (telephones, electric service, cable television) shall be placed entirely underground throughout the manufactured housing development area.  Mainlines and perimeter feed lines located on a Section or Quarter Section Line may be above ground if they are configured or installed within the State Electrical Code guidelines.  Conduits or cables shall be placed within private easements provided to the service companies by the proprietor and/or developer or within public ways.  Those telephones and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities.  All telephones and electrical facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission.

      (18)   Mailbox clusters.  The United States Postal Service may require that manufactured housing development be served by clusters of mailboxes servicing several sites rather than individual mailboxes serving individual sites.  If mailbox clusters are required, they shall be located at least 200 feet from any intersection of an manufactured housing development road with a public road.

      (19)   Swimming pool.

         (a)   Definition.  SWIMMING POOL shall mean any permanent, nonportable structure or container located either above or below grade designed to allow holding of water to a depth of greater than 24 inches, intended for swimming, bathing or relaxation.  The definition includes spa, hot tubs and similar devices. 

         (b)   Requirement for fence.  A fence or similar enclosure shall be erected and maintained around any swimming pool.  The fence or enclosure shall be constructed of durable, weather resistant wood and/or chain link material and shall be approved by the Township Building Department and the manufactured housing development management. 

         (c)   Setback. A swimming pool fence shall not be closer than 25 feet to any occupied dwelling if placed on a residential lot.

         (d)   Restriction from front yard.  Freestanding swimming pools, spas, hot tubs and similar devices shall not be located between any home and roadway.

         (e)   Surrounding walk. All community swimming pools shall be surrounded by a slip- resistant walk, at least 4 feet wide.

         (f)   Permits.  Permits shall be applied for and issued from the Township Building Department and State Health Department prior to excavation or construction of any swimming pool requiring a fence as noted in divisions (19)(a) and (b) above.  The application shall be accompanied by a complete set of plans and specifications.  A final inspection and approval from the Township Building Department must be obtained prior to use of the swimming pool.

      (20)   School bus stops.  School bus stops shall be located in an area that is acceptable to the school district and the manufactured housing development developer.

   (F)   Design standards for individual lots/dwelling units.  No manufactured home or mobile home shall be permitted to occupy any site or lot in the manufactured housing development if the home is either longer or wider than would permit compliance with the following requirements.

      (1)   Site size.  The manufactured home development shall be developed with sites averaging 5,500 square feet per manufactured home unit.  This 5,500 square feet for any 1 site may be reduced by up to 20%, provided that the individual site shall be equal to at least 4,400 square feet.  For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space.  This open space shall be in addition to that required under R125.1946, Rule 946 and R125.1941 and R125.1944, Rules 941 and 944 of the Michigan Administrative Code.

      (2)   Setbacks and spacing. Each manufactured home site shall have the following yard requirements:

         (a)   For a home not sited parallel to an internal road, 20 feet from any part of an attached structure of an adjacent home that is used for living purposes;

         (b)   For a home sited parallel to an internal road, 15 feet from any part of an attached structure of an adjacent home that is used for living purposes if the adjacent home is sited next to a home on the same internal road or an intersecting internal road;

         (c)   Ten feet from any attached or detached accessory structure of an adjacent manufactured home;

         (d)   Fifty feet from any permanent building;

         (e)   One hundred feet from any baseball, softball or similar recreational field;

         (f)   Ten feet from the edge of an internal road, provided that the road is not dedicated to the public.  Manufactured homes and other structures in the MHC District shall be set back from the right-of-way line of a dedicated public road within the manufactured housing development, in compliance with Genesee County Road Commission requirements and standards;

         (g)   Seven feet from any parking bay;

         (h)   Seven feet from a common sidewalk;

         (i)   All manufactured homes, accessory buildings and parking shall be set back not less than 20 feet from any manufactured housing development boundary line, except that a minimum setback of 50 feet shall be provided from existing right-of-way lines of abutting streets and highways; and

         (j)   Fifty feet from the edge of any railroad right-of-way.

      (3)   Maximum height.  The maximum height of a manufactured home shall be 1 story or 25 feet.  However, storage sheds shall not exceed 1 story or the height of the manufactured home they are intended to serve.

      (4)   Water meters.  If connected to a municipal water system, a manufactured housing development master meter shall be required and individual site metering may be utilized.

      (5)   Storage areas. No personal property shall be stored outside, under any manufactured home, or within carports which are open on any side.  Storage sheds with a maximum area of 144 square feet may be placed on any individual manufactured home site.

      (6)   Standards for accessory structures. All accessory structures on a lot or site shall meet the following:

         (a)   Accessory buildings or structures shall not be permitted in the front yard of any site (that is, they must be placed behind the front building line);

         (b)   Attached accessory buildings and structures shall consist of materials similar to the principal building and shall be approved by management;

         (c)   All detached accessory buildings shall be at least 10 feet from an adjacent residential unit;

         (d)   All accessory buildings and structures shall require a permit issued by the township and shall be secured and anchored; and

         (e)   Sheds and other detached structures shall be anchored.

      (7)   Parking.

         (a)   Each residential unit shall have a minimum of 2 on- or off-street parking spaces which do not block circulation along sidewalks.

         (b)   In addition, a minimum of 1 parking space for every 3 manufactured home sites shall be provided for visitor parking located convenient to the area served.  Visitor parking spaces shall be counted and designated separately from all other parking spaces, including those spaces required for employees and any community facility.

         (c)   In addition, parking in an amount determined by the Planning Commission, consistent with other zoning regulations which apply to public access buildings in Charter Township of Clayton shall be provided adjacent to any community buildings recreational facilities or office/maintenance buildings.

      (8)   Vehicle repair/inoperative vehicle storage.  No major vehicular repair, changing of oil or use of other potentially hazardous materials or procedures is permitted within the development.  Further, no vehicles which are inoperative for a period of 72 consecutive hours shall be stored and/or remain in any outdoor area associated with the developed property.

   (G)   Review standards.  The Planning Commission shall consider the following when reviewing a rezoning application for a manufactured housing development:

      (1)   Whether the proposed development meets the design standards of this section and the Rules of the Michigan Manufactured Housing Commission;

      (2)   Whether the proposed development is adequately served by public, municipally maintained and operated infrastructure systems for sanitary sewer and drinking water;

      (3)   The township may require the submission of a traffic impact study, if the expected traffic would have a perceived adverse impact on the roadway system and/or the surrounding areas.

      (4)   Whether there is a demonstrated and documented regional and/or township demand for additional manufactured housing, taking into account such things as occupancy/vacancy rates in the parks located in Genesee County; the possibility for expansion of an existing park; and parks and pads under construction and/or expansion.

(Ord. Art. XIV, passed 5-22-1997; Am. Ord. 382, passed 11-12-1998)

   (A)   Purpose.  The Office (O) District is intended to provide locations of the low-intensity, office- type professional and administrative services necessary for the normal conduct of a community’s activities.  These districts have the following characteristics:  allowable activities take place in attractive buildings in landscaped settings; they generally operate during normal daytime business hours; they produce a minimum amount of traffic; and their use characteristics make them compatible with adjacent residential uses.

   (B)   Uses permitted. No building or structure, or part thereof shall be erected, altered or used, and no land shall be used except for 1 or more of the following:

      (1)   Office buildings for any of the following occupations:  executive, administrative, professional, occupations such as real estate, insurance, engineering and the like;

      (2)   Medical and dental offices, including clinics;

      (3)   Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only;

      (4)   Personal services such as barber or beauty parlors, photographic studios and the like;

      (5)   Other uses similar to the above uses; or

      (6)   Accessory structures when located in accordance with the requirements of this chapter.

   (C)   Principal uses permitted subject to special conditions.  The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with Section 16(b) of the Township Rural Zoning Act, as amended, and §§ 152.130, 152.131 and 152.150 through 152.152.

      (1)   Additional parking areas as may be required in any commercial district for customers and employees;

      (2)   Churches and governmental offices;

   (D)   General regulations.

      (1)   The outdoor storage of goods or material shall be prohibited.

      (2)   Any exterior signs must be related to the retail establishment and must be affixed to the building and must not block the view of adjacent properties.

   (E)   Area and bulk requirements.  See § 152.100, limiting the height and bulk of buildings, the minimum size of lots, yards, setbacks and maximum density permitted by land use.

(Ord. Art. XV, passed 5-22-1997)

   (A)   Purpose. 

      (1)   The LC Local Commercial District, as herein established, is designed to meet the day-to- day convenience shopping and service needs of persons residing in adjacent residential areas and to encourage the planned concentration of such activities in locations where analysis of the residential population within a radius of generally 1 mile demonstrates a need for such a facility.

      (2)   The following regulations shall apply in all LC districts. Buildings, structures or premises, except as otherwise provided in this section, shall not be erected, altered or used except for 1 or more of the specified uses. Site plan review, as defined in §§ 152.131 through 152.136, shall be required for all uses in the LC District.

   (B)   Uses permitted. No building or structure, or part thereof shall be erected, altered or used, and no land shall be used except for 1 or more of the following:

      (1)   Any use permitted in the Office District (O);

      (2)   Generally recognized retail businesses which supply commodities on the premises, such as but not limited to: groceries, meats, dairy products, baked goods or other foods, pharmaceutical, dry goods, clothing and notions or hardware;

      (3)   Any service establishment of an office, showroom or workshop nature such as  electrician, decorator, dressmaker, tailor, baker, painter, upholsterer or an establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct;

      (4)   Standard restaurants;

      (5)   Laundry or cleaning agency or pick-up store;

      (6)   Mortuary or funeral parlors;

      (7)   Private schools, music conservatory; and

      (8)   Antique shop, selling or offering for sale articles predominantly over 25  years old, entirely within a completely enclosed building.

   (C)   Permitted accessory uses. Buildings, structures, and uses customarily accessory to any permitted principal uses shall be permitted as approved during site plan review, in accordance with this section.

   (D)   Principal uses permitted subject to special conditions.  The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with §§ 152.130 Site Development, 152.131 through 152.136 Site Plan Review, and 152.150 through 152.152 Special Condition Uses.

      (1)   All special condition uses in the Office District (O);

      (2)   Ice delivery station and ice storage of not over 5 ton capacity;

      (3)   Hospitals;

      (4)   Convalescent homes;

      (5)   Private clubs, fraternal organizations and lodge halls;

      (6)   Veterinary clinics, including indoor boarding facilities only;

      (7)   Dancing studios; and

      (8)   Temporary outdoor sales. Grand openings, tent sales, special sales or special events may be permitted and shall be subject to the following conditions and considerations:

         (a)   The use shall be temporary. A permit for the temporary sales may be ratified for a period not to exceed 14 days. A permit shall not be issued more than 2 times per year for any 1 business.

         (b)   All merchandise offered for sale shall be a products(s) normally offered or sold by the principal business or occupant of the subject business.

      (9)   Storage facilities for building materials, sand, gravel, stone, lumber and storage of contractor’s equipment and supplies, provided such is enclosed within a building or within an obscuring wall or fence on those sides abutting all residential or commercial districts, and on any yard abutting a public thoroughfare.

      (10)   Automobile service station.

      (11)   Uses of the same nature or class as uses listed in this district as either a permitted principla use or a special land use as determined by the Planning Commission.

   (E)   General regulations.

      (1)   Merchandise may be displayed or stored up to the minimum front and side setback lines but not on public property.

      (2)   Warehouse or indoor storage of goods and materials, beyond that normally incident to the above permitted uses, shall be prohibited.

   (F)   Additional standards and regulations. The following list of references includes additional standards and regulations applicable to any proposed use in this district:

      (1)   Section 152.100 Schedule of Regulations;

      (2)   Section 152.031 Performance Standards;

      (3)   Section 152.065 and 152.067 Off-street Parking and loading;

      (4)   Section 152.075 and 152.076 Fences and Walls;

      (5)   Section 152.077 Screening of Trash Storage Areas;

      (6)   Section 152.078 Landscaping; and

      (7)   Section 152.085 Signs.

(Ord. Art. XVI, passed 5-22-1997; Am. Ord. 457, passed 2-13-2014)

   (A)   Purpose.

      (1)    The GC General Commercial District, is designed to provide sites for more diversified business types which would often be incompatible with the pedestrian movement in the Local Commercial District and which are oriented to serving the needs of “passer-by” traffic.  Many of the business types permitted also generate greater volumes of traffic and activities which must be specially considered to minimize adverse effects on adjacent properties.

      (2)   The following regulation shall apply in all GC districts. Buildings, structures or premises, except as otherwise provided in this section, shall not be erected, altered or used except for 1 or more of the specified uses. Site plan review, as defined in §§ 152.131 through 152.136, shall be required for all uses in the GC District.

   (B)   Principal uses permitted.  No building or structure or part thereof shall be altered or used, and no land shall be used except for 1 or more of the following:

      (1)   Any uses permitted in Office District (O) or Local Commercial District (LC), including small local service shopping centers and malls;

      (2)   Catering halls and/or establishments;

      (3)   Pet shops or taxidermist;

      (4)   Veterinary clinics, including indoor boarding facilities only;

      (5)   Printing, lithographing, publishing, blueprinting;

      (6)   Public parking area for compensation;

      (7)   Sign painting shop, within building;

      (8)   Motels and hotels subject to the following conditions:

         (a)   Each unit shall contain not less than 250 square feet of floor area; and

         (b)   No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.

      (9)   Health and racquet clubs;

      (10)   Mini-warehouses subject to the following conditions:

         (a)   All storage of goods and materials shall be enclosed within a building; and

         (b)   At no time are any dangerous or hazardous materials to be stored.

   (C)   Permitted accessory uses. Buildings, structures, and uses customarily accessory to any permitted principal uses shall be permitted as approved during site plan review, in accordance with this section.

   (D)   Principal uses permitted subject to special conditions.  The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with §§ 152.130 Site Development, 152.131 through 152.136 Site Plan Review, and 152.150 through 152.152 Special Condition Uses.

      (1)   All special condition uses permitted in the Office District (O) or Local Commercial (LC) District;

      (2)   Express office;

      (3)   Farm implement, feed and fuel sales lots and stores;

      (4)   Pawn shops;

      (5)   Auto wash when completely enclosed in a building;

      (6)   New and used car/or other vehicle salesroom, showroom or office, including outdoor sales space for exclusive sale of new or secondhand automobiles, mobile homes, or rental of automobiles, all subject to the following:

         (a)   The lot or area shall be provided with a permanent, durable and hard surface, and drained as to dispose of all surface water accumulated within the area;

         (b)   Access to the outdoor sales area shall be at least 60 feet from the intersection of any 2 streets;

         (c)   All major repair or major refinishing shall be done in an enclosed building; and

         (d)   All lighting shall be shielded from adjacent residential districts.

      (7)   Business in the character of a drive-in/drive-through restaurant or open front store, subject to the following conditions:

         (a)   A setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained;

         (b)   Access points shall be located at least 60 feet from the intersection of any 2 streets; and

         (c)   All lighting shall be shielded from adjacent residential districts.

      (8)   Gasoline and automobile service stations for the sale of gasoline, oil and minor accessories only, and auto repair;

      (9)   Radio or television broadcasting or recording studio and/or transmission station;

      (10)   Cleaning establishment using not over 2 cleaning units, neither of which shall be rated more than 40-pound capacity and using cleaning fluid of nonexplosive and nonflammable nature at temperatures below 138ºF;

      (11)   Amusement enterprises, bowling alleys, pool halls, boxing arena, dance hall or theater, when conducted wholly within a completely enclosed building;

      (12)   Public auditoriums;

      (13)   Golf driving ranges;

      (14)   Stadiums, skating arenas;

      (15)   Unattended relay transmission towers such as cellular telephone towers;

      (16)   Temporary outdoor sales. Grand openings, tent sales, special sales or special events may be permitted and shall be subject to the following conditions and considerations:

         (a)   The use shall be temporary. A permit for the temporary sales may be granted for a period not to exceed 14 days. A permit shall not be issued more than 2 times per year for any 1 business.

         (b)   All merchandise offered for sale shall be a products(s) normally offered or sold by the principal business or occupant of the subject business.

      (17)   Public parking areas for compensation, and the open storage of vehicles, including recreational vehicles and boats.

      (18)   Medical marijuana dispensary, provided that the dispensary that stores and sells or dispenses medical marijuana shall not be permitted:

         (a)   Within 500 feet, as measured from the boundaries of the subject property, of any other medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility;

         (b)   Within 250 feet, as measured from the nearest point of the building or tenant space in which the medical marijuana dispensary is located to the nearest point of the closest home in any residential district surrounding the property where the medical marijuana dispensary is located;

         (c)   Within 1,000 feet, as measured from the boundaries of the subject property, of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 500 feet, as measured from the nearest point of the building or tenant space in which the medical marijuana dispensary is located to the nearest point of any church, house of worship, or other religious facility or institution surrounding the property where the medical marijuana dispensary is located;

         (e)   Within 1,000 feet, as measured from the boundaries of the subject property, of any public or municipal park; and

         (f)   A medical marijuana dispensary shall be subject to all requirements as set forth in §§ 151.131 through 151.134 of this code for site plan review.

      (19)   Medical marijuana club (compassion club), provided that the club shall not be permitted:

         (a)   Within 500 feet, as measured from the boundaries of the subject property, of any other medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility;

         (b)   Within 250 feet, as measured from the nearest point of the building or tenant space in which the medical marijuana club is located to the nearest point of the closest home in any residential district surrounding the property where the medical marijuana club is located;

         (c)   Within 1,000 feet, as measured from the boundaries of the subject property, of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 500 feet, as measured from the nearest point of the building or tenant space in which the medical marijuana club is located to the nearest point of any church, house of worship, or other religious facility or institution surrounding the property where the medical marijuana club is located;

         (e)   Within 1,000 feet, as measured from the boundaries of the subject property, of any public or municipal park; and

         (f)   A medical marijuana dispensary shall be subject to all requirements as set forth in §§ 151.131 through 151.134 of this code for site plan review.

      (20)   Medical marijuana growing facility that does not sell or dispense medical marijuan to qualifying patient shall not be permitted:

         (a)   Within 1,00 feet, as measured from the boundaries of the subject property, of any other medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility;

         (b)   Within 250 feet, as measured from the nearest point of the building or tenant space in which the medical marijuana growing facility is located to the nearest point of the closest home in any residential district surrounding the property where the medical marijuana club is located;

         (c)   Within 1,000 feet, as measured from the boundaries of the subject property, of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 500 feet, as measured from the nearest point of the building or tenant space in which the medical marijuana growing facility is located to the nearest point of any church, house of worship, or other religious facility or institution surrounding the property where the medical marijuana club is located;

         (e)   Within 1,000 feet, as measured from the boundaries of the subject property, of any public or municipal park; and

         (f)   A medical marijuana growing facility shall be subject to all requirements as set forth in §§ 151.131 through 151.134 of this code for site plan review.

      (21)   Warehousing and wholesale establishments, and trucking facilities; provided all products are enclosed within a building.

      (22)   Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to: lumber yard, building materials outlet, outdoor sales of boats, house trailers, or agricultural implements) or serve convenience needs (such as, but not limited to: eating and drinking establishments, bank, savings and loan association, credit union, motel or bowling alley, trade or industrial school or industrial clinic).

      (23)   Open air display area for the sale of manufactured products, such as similar to garden furniture, earthenware, hardware items or nursery stock, flea market or the rental of manufactured products or equipment such as household equipment, small tools, trailers, and similar products and equipment.

      (24)   Uses of the same nature or class as uses listed in this district as either a permitted principal use or a special land use as determined by the Planning Commission.

   (E)   Additional standards and regulations. The following list of references includes additional standards and regulations applicable to any proposed use in this district:

      (1)   Section 152.100 Schedule of Regulations;

      (2)   Section 152.031 Performance Standards;

      (3)   Section 152.065 and 152.067 Off-Street Parking and Loading;

      (4)   Section 152.075 and 152.076 Fences and Walls;

      (5)   Section 152.077 Screening of Trash Storage Areas;

      (6)   Section 152.078 Landscaping; and

      (7)   Section 152.085 Signs.

(Ord. Art. XVII, passed 5-22-1997; Am. Ord. 439, passed 11-10-2011; Am. Ord. 458, passed 2-13-2014)

   (A)   Purpose.  The M-1 Industrial District is designed so as to primarily accommodate a mix of light and heavy industrial uses including wholesale activities, warehouses, manufacturing, fabrication assembly and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts.  The M-l District is so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material.  It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, not be permitted without adequate safeguards for the surrounding areas.

   (B)   Uses permitted.  In an M-1 Industrial District, no building or land shall be used and no building shall be erected except for 1 or more of the following specified uses unless otherwise provided in this chapter:

      (1)   Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building;

      (2)   The manufacture, compounding, processing, packaging or treatment of products such as but not limited to:  bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, gauge and machine shops;

      (3)   The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood and yarns;

      (4)   The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

      (5)   Manufacture or assembly of musical instruments, toys, rubber products, electrical appliances, light sheet metal products, signs or similar products;

      (6)   Tool and die shops; metal working machine shops involving the use of grinding or cutting tools, such as manufacturing tools, dies, jigs and fixtures; publishing, printing or forming of box, carton and cardboard products;

      (7)   Central dry cleaning plants or laundries, provided that the plants shall not deal directly with consumer at retail;

      (8)   All public utilities, including buildings, necessary structures, storage yards and other related uses;

      (9)   Mini-storage facilities provided that all parking and storage areas within the site have a paved surface;

      (10)   All types of race tracks including horse, automobile and so-called “go-cart” tracks, provided that no race track shall be operated or maintained on any parcel of land of less than 20 acres, no part of which parcel shall be within 1,000 feet of any residential structure existing prior to the commencement of construction of the race track facilities;

      (11)   Other uses similar to the above uses; and

      (12)   Accessory structures when located in accordance with the requirements of this chapter.

   (C)   Principal uses permitted subject to special conditions. The following special condition uses shall be permitted subject to review and approval by the Planning Commission and Township Board, and further subject to any and all reasonable conditions which may be imposed in accordance with § 16(b) of the Township Rural Zoning Act, as amended, and §§ 152.130, 152.131 and 152.150 through 152.152.

      (1)   Warehousing and wholesale establishments, and trucking facilities, provided all products are enclosed within a building;

      (2)   Warehouse, storage and transfer and electric and gas service buildings and yards; public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations; water supply and sewage disposal plants; water and gas tank holders; railroad transfer and storage tracks; railroad rights-of-way; and freight terminals;

      (3)   Storage facilities for building materials, sand, gravel, stone, lumber and storage of contractor’s equipment and supplies, provided such is enclosed within a building or within an obscuring wall or fence on those sides abutting all residential or commercial districts, and on any yard abutting a public thoroughfare;

      (4)   Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as but not limited to lumber yard, building materials outlet, outdoor sales of boats, house trailers, automobile garages or agricultural implements) or serve convenience needs of the industrial district (such as but not limited to eating and drinking establishments, bank, savings and loan association, credit union, automobile service stations, motel or bowling alley, trade or industrial school or industrial clinic);

      (5)   Amusement enterprises, including but not limited to merry-go-rounds, arcades, go-cart tracks, pony riding ring, ferris wheel and similar uses;

      (6)   Open air display area for the sale of manufactured products, such as similar to garden furniture, earthenware, hardware items or nursery stock, flea market or the rental of manufactured products or equipment, such as household equipment, small tools, trailers, and similar products and equipment;

      (7)   Restaurants and cafeteria facilities for employees;

      (8)   Business and technical schools which provide education in skills which are commonly used in industrial districts, such as schools for the training of engineering technicians, machine operators and vehicle mechanics;

      (9)   The assembly and/or manufacture of automobiles, automobile bodies, parts and accessories, and similar products;

      (10)   Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of paris, brick, chemicals, plastic, asphalt or similar compounds;

      (11)   Petroleum or other inflammable liquids, production, refining or storage; including well sites;

      (12)   Heating and electric power generating plants;

      (13)   Any of the following production or manufacturing uses (not including storage of finished products) provided that they are located not less than 800 feet distant from any residential district and not less than 300 feet distant from any other district:

         (a)   Junkyards, provided they are entirely enclosed within a building or within an 8-foot obscuring wall and provided further that 1 property line abuts a railroad right-of-way;

         (b)   Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant;  and

         (c)   Blast furnace, steel furnace, blooming or rolling mill.

      (14)   The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials:  elastomers, plastics or other toxic material;

      (15)   Breweries, bump shops, distilleries, machine shops, metal buffing, plastering and polishing shops, metal and plastic molding and extrusion shops, millwork lumber and planing mills, painting and varnishing shops; and

      (16)   Adult book or supply stores, adult motion picture theaters, adult live stage performing theaters, adult outdoor motion picture theaters, group A cabarets, and massage parlors or massage establishments.

         (a)   In the development and execution of this chapter and this section, it is recognized that there are certain uses which, because of their very nature, have serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas.  The special regulations in this section are intended to prevent a concentration of these uses in any 1 area, so as to prevent the blighting, deterioration or downgrading of an area.  The following requirements are intended to accomplish these purposes:

            1.   The establishment of the types of adult regulated uses listed below shall be prohibited if the establishment of that use will constitute the second such use within a 1,500 foot radius (that is, not more than 1 such establishment within 1,500 feet of another such establishment).  The distance between uses shall be measured between the nearest property lines.

               a.   Adult book or supply stores;

               b.   Adult motion picture theaters;

               c.   Adult motion picture arcade;

               d.   Adult motel;

               e.   Adult model studio;

               f.   Adult live stage performing theaters;

               g.   Adult outdoor motion picture theaters;

               h.   Group A cabarets;  and

               i.   Massage parlors or massage establishments.

            2.   It shall be unlawful to hereafter establish any adult regulated use if the proposed regulated use will be within a 1,500 foot radius of the following.  The distance between uses shall be measured between the nearest property lines:

               a.   Any Class C establishment licensed by the Michigan Liquor Control Commission;

               b.   Pool or billiard halls;

               c.   Coin-operated amusement centers;

               d.   Disco or dance centers which typically cater to teens;

               e.   Ice or roller skating rinks;

               f.   Pawn shops;

               g.   Indoor or drive-in movie theaters;

               h.   Public and private parks, playgrounds or other recreation uses;

               i.   Churches, convents, monasteries, synagogues or similar religious institutions;

               j.   Daycare centers or nurseries;

               k.   Any public, private or parochial nursery, primary or secondary school, and all school bus stops; and

               l.   Any residentially zoned land in the Charter Township of Clayton, including land that is zoned RA, RSF, RE, FS, FM or MHC.

            3.   The building and premises shall be designed and constructed so that material depicting, describing or relating to specified anatomical areas (as defined in this chapter) cannot be observed by pedestrians or from vehicles on any public right-of-way.  This provision shall apply to any display, decoration, sign, show window or other opening.

            4.   There shall be absolute and strict compliance with the township adult entertainment use ordinance, relating to licensing and other matters.

         (b)   For adult regulated uses as used in this chapter, the following definitions shall apply:

            1.   ADULT BOOK OR SUPPLY STORE.  An establishment having 10% or more of usable interior, retail, wholesale or warehouse space devoted to the distribution, display, storage of books, magazines and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activity or specified anatomical areas (as defined herein) or an establishment with a segment section devoted to the sale or display of such material in an establishment which is customarily open to the public generally, excluding minors by reason of age.

            2.   ADULT MODEL STUDIO. Any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity.  This definition shall not apply to any bonafide art school or similar educational institution.

            3.   ADULT MOTEL.  A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to specified sexual activities or specified anatomical areas (as defined herein).

            4.   ADULT MOTION PICTURE ARCADE.  Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to 5 or fewer persons per machine at any 1 time, and where the images displayed depict, describe or relate to specified sexual activities or specified anatomical areas.

            5.   ADULT MOTION PICTURE THEATER OR ADULT LIVE STAGE PERFORMING THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas (as defined herein) for observation by more than 5 patrons therein.  Such an establishment is customarily open to the public generally, excluding any minor by reason of age.

            6.   ADULT OUTDOOR MOTION PICTURE THEATER.  A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patron of the theater.  Such establishment is customarily open to the public generally, excluding any minor by reason of age.

            7.   GROUP A CABARET. An establishment which features any of the following:  topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators, similar entertainers, or topless and/or bottomless wait persons or employees.

            8.   MASSAGE PARLOR OR MASSAGE ESTABLISHMENT. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following:  a duly licensed physician, osteopath or chiropractor; or a registered or practical nurse operating under a physician’s directions.  A MASSAGE ESTABLISHMENT may include but is not limited to establishments commonly known as MASSAGE PARLORS, health spas, sauna baths, Turkish

bathhouses and steam baths.  MASSAGE ESTABLISHMENTS, as defined herein, shall not include properly-licensed hospitals, medical clinics or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or shoulders.

            9.   SPECIFIED ANATOMICAL AREAS.  Portions of the human body defined as follows:

               a.   Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola; and

               b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

            10.   SPECIFIED SEXUAL ACTIVITIES.  The explicit display of 1 or more of the following:

               a.   Human genitals in a state of sexual stimulation or arousal;

               b.   Acts of human masturbation, sexual intercourse or sodomy; or

               c.   Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.

(Am. Ord. 413, passed 7-14-2005)

   (D)   Areas and yards.

      (1)   Areas. There shall be no side or rear lot areas required when adjacent to a commercially or industrially zoned parcel.  When adjacent to a residentially zoned parcel the appropriate side or rear lot area requirements of that residential category shall be required on any portion of the property bordering the residential district.

      (2)   Yards. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting any residential or commercial district.

   (E)   Area and bulk requirements.  See § 152.100, limiting the height and bulk of buildings, the minimum size of lots, yards, setbacks and maximum density permitted by land use.

   (F)   Performance standards.  All uses established or placed into operation within this district shall comply at all times with performance standards as set forth in § 152.031.

(Ord. Art. XVIII, passed 5-22-1997)

   (A)   Intent.  It is the intent of this section to significantly reduce hazards to persons and damage to property as a result of flood conditions in the township, and to comply with provisions and requirements of the National Flood Insurance Program.

   (B)   Definitions.  Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

      AREA OF SPECIAL FLOOD HAZARD.  The land areas of 100-year flood; base flood elevations and flood hazard factors are determined; areas zoned A1-A30 of the Flood Insurance Rate  Map.

      BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

      DEVELOPMENT.  Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, mobile home placement, excavation or drilling operations located within the area of special flood hazard.

      FLOOD INSURANCE RATE MAP (FIRM).  The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards, and the risk premium zones applicable to the community.

      FLOOD INSURANCE STUDY.  The official report provided by the Federal Insurance Administration that includes flood profiles, flood boundary-floodway map, and the water surface elevation of the base flood.

      VARIANCE.  A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

   (C)   Basis for establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the Township of Clayton,” dated February, 1980 with an accompanying flood insurance rate maps and flood boundary-floodway maps is hereby adopted by reference and declared to be a part of this section.  The flood insurance study is on file at the office of the Township Clerk. 

   (D)   Designation and duties of the Administrator.  The Zoning Administrator shall review all development and subdivision proposals to ensure compliance with this section. 

   (E)   Development prohibition.  All development shall be prohibited within areas of special flood hazard as established in division (C) above.

   (F)   Variance procedure.  The Zoning Board of Appeals of Charter Township of Clayton shall hear and decide appeals and requests for variances from the requirements of this chapter consistent with the standards of 44 CFR 60.3(d) and 60.5(a) of the rules and regulations of the National Flood Insurance Program (44 C.F.R. § 59 and the like). 

(Ord. Art. XIX, passed 5-22-1997)

   (A)   Purpose. The purpose of this section is to offer an alternative to traditional development by providing the opportunity to mix compatible uses or residential types through coordinated development, as authorized by § 16(c) of the Township Zoning Act (Public Act 184 of 1943, being M.C.L.A. §§ 125.321 through 125.333, as amended).  It is the intent of the Planned Unit Development District to promote and encourage development on parcels of land which are suitable in size, location and character for the uses and structures proposed while ensuring compatibility with adjacent land uses.

      (1)   The PUD Zoning District standards are provided as a design option to permit flexibility in the regulation of land development; to encourage innovation in land use in terms of variety, design, layout and type of structures constructed; to preserve and protect significant natural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide adequate housing and employment; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites.

      (2)   A Planned Unit Development District must be consistent with the Charter Township of Clayton Master Land Use Plan and in accordance with the purpose of the zoning regulations contained in this chapter.

   (B)   Qualifying conditions.  The following conditions shall apply to all Planned Unit Development Districts:

      (1)   Unified control.  The Planned Unit Development District shall be under the control of 1 owner or group of owners and shall be capable of being planned and developed as 1 integral unit. 

      (2)   Size.  A minimum size of 10 acres of contiguous land.

      (3)   Recognizable benefits.  The benefits of a PUD District can be provided through site design elements in excess of the requirements of this chapter, such as:  unique site design features; high quality architectural design; extensive landscaping; efficient consolidation of poorly dimensioned parcels; sensitivity to adjacent residential land uses; unified access; and the preservation of open space and significant natural features, including the natural topography, woodlands, wetlands, drains, creeks and streams.  The proposed development shall provide at least 1 of the following benefits:

         (a)   Significant natural assets.  The site contains significant natural assets such as woodlands, rolling topography with grades exceeding 15%, significant views, natural drainage ways, water bodies, floodplains, regulated or nonregulated wetlands, or natural corridors that connect quality wildlife habitats;

         (b)   Recreation facilities. If the site lacks natural features, it can qualify if the development will preserve an existing recreation facility or provide new recreation facilities to which all residents of the development shall have reasonable access.  Such recreation facilities include areas such as a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bikepaths or similar facilities which provide a feature of community-wide significance and enhance residential development; or

         (c)   Mixed use.  A site can qualify if the development will provide a complementary and integrated mixture of uses, residential densities and/or housing types.  A mixed use project shall be considered a project which proposes a combination of single-family detached and multiple-family housing or a mixture of compatible residential, commercial and industrial uses. 

      (4)   Public utilities.  All uses within the PUD District shall be served by public water and sewer systems.

   (C)   Types of PUD Districts.  A property meeting the qualifying conditions may be rezoned to an appropriate PUD District, based on the standards shown in the following table and appropriate standards contained elsewhere in this zoning chapter.  The PUD district designation shall be noted in the application, and on the official zoning map upon approval.

 

 

   (D)   Area and bulk regulations.  The height, bulk and area conditions set forth in § 152.100 shall be used as guidelines for the use areas set forth in the PUD plan.  However, to encourage flexibility and creativity consistent with the intent of the PUD regulations, the Planning Commission may permit specific departures from the requirements of this chapter for yards and lots as a part of the approval process.  Any regulatory modification shall be approved through a finding by the Planning Commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards.

   (E)   Development regulations.

      (1)    Architectural and site design standards.

         (a)   Residential architecture. Residential façades shall not be dominated by garages; at least 40% of residential units shall have side entry garages or recessed garages where the front of the garage is at least 5 feet behind the front line of the living portion of the principal dwelling.  The intent of encouraging recessed or side entry garages is to enhance the aesthetic appearance of the development and minimize the aesthetic impact resulting from the close clustering of units allowed under these regulations.

         (b)   Nonresidential architecture.  Nonresidential buildings shall provide distinct and prominent architectural features that create a positive visual landmark.  Walls facing the street shall include windows and architectural features customarily found on the front façade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials.  Blank walls shall not face the street.  Single-story buildings shall have pitched roofs.  Flat roofs shall be allowed on nonresidential 2-story buildings, provided the roof is enclosed by parapets and a decorative cornice.

         (c)   Site elements.  Signs, lighting, entryway features, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and cohesive development, consistent with the character of the community, surrounding development and natural features of the area.

         (d)   Landscaping.

            1.   Landscaping shall meet standards contained in § 152.078, the subdivision regulations and other applicable township ordinances:

            2.   Detention areas.  Detention areas may comprise up to 25% of the required open space only if designed to provide a natural appearance such as slopes no greater than 6:1, variable shape, natural arrangement of landscape materials, aerated fountains, and use of boulder accent walls or other similar design features.

         (e)   Transition areas.  Where a PUD District abuts a residential district, a transition area must be provided as determined by the Planning Commission.  The Planning Commission shall determine whether landscaping, a wall, a berm or a combination of these improvements are needed to attain the intended screening based on use, setbacks, topography and existing features.

         (f)   Parking lots.

            1.   Parking requirement. The number and dimensions of off-street parking shall be sufficient to meet the minimum required by the ordinances of the township.  However, where warranted by overlapping or shared parking arrangements, the Planning Commission may reduce the required number of parking spaces by up to 20%.

            2.   Parking lot islands.  Parking lot islands shall be curbed and be at least 100 square feet in area.  Islands within parking lots having less than 100 spaces may be a minimum of 10 feet in width; parking areas with more than 100 spaces shall have islands at least 20 feet in width.  The depth of the island shall be 2 feet shorter than an adjacent parking space.

            3.   Parking lot trees.  Landscaping shall be provided within parking lot landscape islands or surrounding the parking lot at a rate of 1 deciduous tree for every 8 parking spaces.  Only shrubs, grass or other living ground cover shall be used to supplement trees within parking lot islands.

         (g)   Lighting.

            1.   Ornamental lighting. The Planning Commission may require a consistent type of pedestrian scale ornamental lighting along all streets and sidewalks and within any off-street parking lots.

            2.   Limitations on intensity.  Exterior lighting shall be restrained and excessive brightness avoided to help ensure compatibility with adjacent land uses.  All lighting shall be limited to 20 feet in height.  The intensity of light fixtures shall be limited to 250 watts.  Any lighting other than ornamental street lights shall be downward-directed cut-off type fixtures.  Floodlight type fixtures shall not be permitted except for building accent and sign lighting approved by the Planning Commission.

         (h)   Signs.  Unless otherwise provided in the PUD development agreement, signs shall comply with the standards of §§ 152.085 through 152.094, provided sign types and materials shall be a consistent with the overall architectural design of the PUD, and all freestanding signs shall be monument type with a base to match the building materials and landscaping around the sign integrated into the overall landscape plan.  The Planning Commission may approve an additional sign or height and an area increase of up to 10% if the sign is integrated with an architectural or landscape feature.  Wall and monument signs shall be channel-cut letters on nonilluminated background panels.  Temporary window signs shall be prohibited for commercial uses.

         (i)   Access.

            1.   Access shall be limited to 1 major entrance along any arterial road.  Additional access points shall only be considered if spaced at least 500 feet apart and a traffic impact study by the applicant’s qualified consultant and approved by the township and road agency demonstrates overall traffic operations and safety will be improved.

            2.   Access points shall be at least 600 feet from the intersection of arterial roadways or interchange ramps, provided the spacing may modified by the township, with input from road agency staff, to minimize conflicts with traffic operations at intersections or existing access points, or to meet signal spacing standards if it is determined the access may require signalization.

            3.   Interior drives shall provide circulation between uses.

            4.   Additional right-of-way shall be provided to accommodate improvements to the existing arterial roadway system that are planned or required to mitigate traffic associated with the PUD.

   (F)   Approval procedure.

      (1)   Qualification and conceptual plan (PUD plan).

         (a)   Any applicant interested in pursuing a PUD development may request an optional pre-application meeting with township staff, township consultants and appropriate agency representatives to review the proposed development.

         (b)   Prior to submitting an application, the applicant may conduct an introductory meeting with the Township Board to present the concept plan for informal comment.  This session may occur at a joint meeting of the Planning Commission and Board of Trustees.

         (c)   The following information shall be submitted to the Township Building and Planning Administrator in accordance with § 152.135 as part of the PUD qualification and conceptual PUD plan:

            1.   Application form and review fee;

            2.   Proof of ownership and sworn statement indicating the date of acquisition of the parcel by the present landowner, or authorization from the landowner to submit the proposal for review;

            3.   Impact assessment and traffic impact study;

            4.   Documentation and a concept plan (PUD plan) (scale not smaller than 1 inch equals 200 hundred feet) indicating how the criteria for qualification for the specific development option are or shall be met.  The concept plan shall illustrate the location of intended land uses; building footprints or lots;  the relationship between land use areas; type and density of dwelling units; type and layout of pedestrian and nonmotorized facilities; layout of streets, roads, drives and parking areas;  an indication of whether public or private roads are intended; open space areas; general landscaping plans; indication of natural features to be preserved; description of the transition technique provided adjacent to existing single-family developments or residentially zoned areas; location and types of recreational facilities proposed; general stormwater management facilities; and conceptual layout for sanitary sewer and public water;

            5.   A site analysis map (scale: not smaller than 1 inch equals 200 feet) illustrating existing woodlands and trees, wetland boundaries (documentation by a qualified wetland consultant may be required); water bodies; natural drainage patterns (shown with arrows); sight distance limitations; driveways and intersections on both sides of the street within 250 feet of any locations; description of general soil conditions based on the U.S. Soil Conservation Service Soil Survey of Genesee County; unbuildable areas due to site conditions; existing buildings and structures; existing easements and rights-of-way; and adjacent land uses.  The site analysis map shall be drawn with a contour interval no greater than 2 feet with general topography shown 100 feet into adjacent lands;

            6.   A development plan under current zoning ordinance standards at the same scale as the PUD concept plan and site analysis, showing the development possible based on the current zoning district standards used to determine density and dimensional standards and all other applicable design standards;

            7.   A table which details all deviations from the established zoning district uses; area, height and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD section.  The table shall clearly identity the allowed regulation in comparison to the requested deviation;

            8.   The Planning Commission or Township Board may request a market study or fiscal impact analysis be provided by the applicant at the applicant’s expense to demonstrate support for 1 or more of the uses proposed or evaluate the financial impact on the township; and

            9.   A draft PUD development agreement that describes the project, any approved deviations from the zoning ordinance, and public improvements agreed to by the developer, specific requirements or landscaping and other obligations of either party.  The draft agreement shall be reviewed by the Township Attorney and approved by the Board prior to final approval.

         (d)   The Planning Commission shall review the development request, offer comments and set a public hearing date.

         (e)   The applicant is also encouraged to meet with neighborhood associations and land owners prior to the Planning Commission public hearing on the proposed project.

         (f)   The Planning Commission shall conduct a public hearing on the proposal after notice given.

         (g)   Following the public hearing, the Planning Commission shall report its findings and make its recommendation to the Township Board.  The Planning Commission recommendation shall be based on the following:

            1.   Whether the proposal meets the criteria for qualification of the PUD and promotes the land use goals and objectives of the Township Master Plan;

            2.   Whether all applicable provisions of this section and this chapter shall be met.  If any provision of this section shall be in conflict with the provisions of any other section of this chapter, the provisions of this section shall apply to the lands embraced within PUD;

            3.   Whether there is, or will be at the time of development, adequate facilities to accommodate the sanitary sewage, stormwater, solid waste, water supply needs and traffic generated by the proposed project; and

            4.   Whether it has been demonstrated that the PUD concept plan preserves key natural features and is preferable to a traditional development plan.

         (h)   If any new information or changes to the concept plan or development agreement were a condition of an approval recommendation, revised information shall be submitted for review prior to distribution to the Township Board.

         (i)   The recommendation of the Planning Commission shall be forwarded to the Township Board.  The Board shall also receive additional copies of the application, with appropriate review fees.  Upon receipt of the report and recommendation of the Planning Commission, the Township Board shall review all findings and shall, by resolution, either approve or disapprove of the request.  Approval shall be granted only upon the Township Board determining that all provisions of this chapter have been met and that the proposed development will not adversely affect the public health, safety and welfare. 

         (j)   If the Township Board approves the PUD plan, the rezoning shall be concurrent with this approval.  The applicant shall then submit a final development agreement stating the conditions upon which approval is based, for review and approval by the Township Attorney.  This agreement, after review by the Planning Commission and approval by the Township Board, shall be entered into between the township and the applicant and be recorded with the Genesee County Register of Deeds at the expense of the applicant.  Approval shall be effective upon recording.  The agreement shall provide:

            1.   A survey of the acreage comprising the proposed development;

            2.   The manner of ownership of the developed land;

            3.   The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space;

            4.   Provision assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose.  The township may require conveyances or other documents to be placed in escrow to accomplish this;

            5.   Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the Township Board;

            6.   The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the Township Board;

            7.   Provisions to ensure adequate protection of natural features; and

            8.   The PUD plan shall be incorporated by reference and attached as an exhibit.

      (2)   Submission of site plans or subdivision plans to the Planning Commission.

         (a)   Preliminary and final site plans shall be submitted in accordance with §§ 152.131et seq. or preliminary subdivision plan in accordance with §§ 151.020 through 151.029 of the Land Division chapter for an area embraced within the PUD District within 2 years following approval of the concept plan (PUD plan) by the Township Board.  If preliminary and final site plans or preliminary subdivision plans for at least the first phase of the project are not submitted and approved during this 2- year period, the right to develop under the approved concept plan shall terminate and a new application must then be filed and processed.

         (b)   In reviewing site plans and subdivision plans, the following standards shall apply:

            1.   Site plans or subdivision plats shall be in substantial conformance with the approved PUD plan;

            2.   Each site plan or subdivision plat shall either individually or in combination with previously approved contiguous project areas, meet the standards of this section and the approved plan regarding layout, density, open space and land use;

            3.   Each plan submission shall include a map illustrating  the site or phase in relation to previously approved plans and the overall PUD plan; and

            4.   Any amendment requested to the agreement approved by the Township Board shall be submitted for review by the Township Attorney and approved by the Township Board.

      (3)   Phasing.  In the development of the PUD District, the area devoted to residential development under construction shall be at least in the same proportion to the percentage of area being developed with nonresidential development, unless a different phasing is approved by the township.

      (4)   Extensions.  Approval of the PUD plan shall be effective for a period of 2 years.  Further submittals under the procedures for the above development options shall be accepted for review upon a showing of substantial progress in development of previously approved phases, or upon a showing of good cause for not having made such progress.  The expiration and extensions for site plan shall be in accordance with §§ 152.131et seq.

      (5)   Amendments and deviations from approved plans.  Approval of the concept plan and site plans confers upon the Township Zoning and Building Administrator the authority to approve certain minor deviations when an applicant or landowner who was granted final site plan approval notifies the Zoning and Building Administrator of the proposed amendment to the approved site plan in writing, accompanied by a site plan illustrating the proposed change. The request shall be received prior to initiation of any construction in conflict with the approved PUD plan.

         (a)   Procedure.  Within 14 days of receipt of a request to amend the final site plan, the Zoning and Building Administrator shall determine whether the change is major, warranting review by the Planning Commission, or minor, allowing administrative approval, as noted below.

         (b)   Minor changes. The Zoning and Building Administrator may approve the proposed revision upon finding the change would not alter the approved design or provisions of the agreement, would not reduce the area devoted to open space, and all applicable zoning ordinance regulations will be met.  The Zoning and Building Administrator shall inform the Planning Commission of such approval in writing.  The Zoning and Building Administrator shall consider the following when determining a change to be minor:

            1.   For residential buildings, the square footage of structures may be reduced by 3%; or increased by 3%, provided the overall density of units does not increase, the minimum square footage and parking requirements are met and the building(s) do not extend into any required open space or required setbacks;

            2.   Gross floor area of nonresidential buildings may be decreased; or increased by up to 3% or 2,000 square feet, whichever is smaller, provided parking requirements are met and the building does not extend into any required setback or open space;

            3.   Floor plans may be changed if consistent with the character of the use;

            4.   Relocation of a building by up to 5 feet, if consistent with required setbacks, open space and other standards;

            5.   Height of buildings may be lowered;

            6.   Designated woodlands or areas not to be disturbed may be increased;

            7.   Plantings on the approved landscape plan may be replaced by similar types of landscaping on a 1-to-1 or greater basis.  Any regulated trees lost during construction shall be replaced on a caliper-per-caliper basis on the site;

            8.   Improvements or slight relocation of site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing or pedestrian/bicycle paths, with documentation from Genesee County, where appropriate;

            9.   Changes of building materials to another of higher quality, or a slight change in the color of the exterior material, as determined by the Zoning and Building Administrator;

            10.   Grade change of up to 1 foot, reviewed by the Township Engineer;

            11.   Modification of entry design, sign placement or reduction in size of signage, which is consistent with the intent of this section and the approved PUD plan;

            12.   Internal rearrangement of parking lots which does not affect the number of parking spaces or alter access locations or design;

            13.   Changes to the location of accessory buildings and structures only when the new location will be consistent with the building envelope identified on the approved plan; and/or

            14.   Changes required or requested by the township, county or state for safety reasons.

         (c)   Major changes.  Where the Zoning and Building Administrator determines a requested amendment to the approved site plan is major, resubmittal to the Planning Commission shall be required. Should the Planning Commission determine that the modifications are inconsistent with the PUD plan a revised conceptual PUD plan shall be submitted according to the procedures outlined in this section.

         (d)   In general. In all cases, a change in use to a more intensive use than approved in the PUD plan shall be considered major and require resubmission of a PUD concept plan.

      (6)   Fees.  Fees for review of plans shall be established by resolution of the Township Board.  Costs for the review of plans, studies and the like as required by the Planning Commission or Township Board shall be the responsibility of the applicant and shall be paid in advance of any review.

      (7)   Appeals, modifications and variances.  Modifications to the amount of open space, setbacks, minimum lot area and other design standards for an approved PUD project are not subject to variance approval of the Zoning Board of Appeals until the project or phase is completed; such modifications shall be processed as a major or minor change as described in division (5) above.  An exception however, is that once a home has been occupied, an individual homeowner may request a dimensional variance from the Zoning Board of Appeals as outlined in §§ 152.165 through 152.167, provided the common open space and other conditions of approval are not affected.  The Zoning Board of Appeals shall not have the authority to interpret compliance with the standards herein nor with the written development agreement; that authority lies solely with the Board of Trustees.

      (8)   Violations.  A violation of a plan or agreement shall be considered a violation of this chapter.  Further, any such deviation shall invalidate the PUD District designation.

(Ord. Art. XX, passed 5-22-1997; Am. Ord. 389, passed 1-27-2000; Am. Ord. 424, passed 12-14-2006)  Penalty, see § 152.999