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Fort Gratiot Township
City Zoning Code

ARTICLE IV

SPECIAL LAND USES10


Footnotes:
--- (10) ---

State Law reference— Special uses, MCL 125.286b.


Sec. 38-481.- Intent of article.

The formulation and enactment of this chapter is based upon the division of the township into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impacts on neighboring uses or public facilities there is a need to carefully regulate them with respect to their location for the protection of the community. These uses, due to their peculiar locational need or the nature of the service offered, may have to be established in a district where they cannot be reasonably allowed as a permitted use.

(Ord. No. 62, § 7-14.01, 8-11-1984)

Sec. 38-482. - Authority to grant permits.

The planning commission, as provided in this article, shall have the authority to grant special approval use permits, subject to such conditions of design, operation, and safeguards as may be determined for the special approval uses specified in the various provisions of this chapter.

(Ord. No. 62, § 7-14.02, 8-11-1984)

Sec. 38-483. - Application and fee.

Application for any special approval use permit permissible under the provisions of this chapter shall be made to the planning commission through the township clerk by filing an official special approval use permit application form; exhibits and information; and depositing the required fee as established by resolution of the township board. No part of such fee shall be returned to the applicant.

(Ord. No. 62, § 7-14.03, 8-11-1984)

Sec. 38-484. - Data, exhibits and information required in application.

An application for a special approval use permit shall contain the applicant's name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved, a site plan in accordance with section 38-46, and a statement of supporting data, exhibits, information, and evidence regarding the required findings set forth in this chapter.

(Ord. No. 62, § 7-14.04, 8-11-1984)

Sec. 38-485. - Public hearing and notices.

Upon receipt of a application for a special land use which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper which circulates in the township, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than five nor more then 15 days before the date the application will be considered. If the name of the occupants is not known, the term "occupant" may be used in making notification, Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the special land use request.

(2)

Indicate the property which is the subject of the special land use request.

(3)

State when and where the special land use request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(5)

Indicate the date, time and place where the public hearing on the special land use will be held.

(Ord. No. 62, § 7-14.05, 8-11-1984)

Sec. 38-486. - Required standards and findings for making determinations.

The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and shall find and record adequate data, information, and evidence showing that such a use on the proposed site, lot, or parcel meets the following requirements:

(1)

Will be in accordance with the general objectives, intent, and purposes of this chapter.

a.

Will be consistent with maintenance of the public health, safety, and welfare.

b.

Will be of such location, size and character that it will be in harmony with all applicable regulations of the zoning district in which it is to be located.

(2)

Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, or that persons or agencies responsible for establishment of the proposed use shall be able to provide adequately any such service; will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic with particular attention to minimizing child-vehicle contacts in residential districts.

(3)

Will be compatible with adjacent uses of land and the natural environment.

a.

Will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

b.

Will be designed such that the location, size, intensity, site layout and periods of operation of any such proposed use shall eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights.

c.

Will be designed such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings.

d.

Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(4)

Will promote the use of land in a socially and economically desirable manner; will relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.

(Ord. No. 62, § 7-14.06, 8-11-1984)

Sec. 38-487. - Determination and imposition of conditions.

If the facts in the case establish that the findings and standards set forth in this chapter apply to the proposed use, and have been met, the planning commission may impose such reasonable conditions of use as is determined necessary to protest the best interest of the township and the surrounding property, and to achieve the objectives of this chapter. Conditions imposed shall meet all of the following requirements:

(1)

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of this zoning chapter, be related to the standards established in the chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the planning commission and the landowner. The planning commission shall maintain a record of conditions which are changed.

(Ord. No. 62, § 7-14.07, 8-11-1984)

Sec. 38-488. - Approval and grant of permit.

Upon holding a public hearing and findings that the requirements of this chapter have been satisfactorily met by the applicant, the planning commission shall, within 30 days, grant special approval. The planning commission's decision on a special approval use shall be incorporated in a statement containing the conclusions relative to the special approval under consideration which specifies the basis for the decision, and any conditions imposed. Upon approval, a special approval permit shall be issued to the applicant. The planning commission shall forward a copy of the permit to the applicant, clerk, and zoning administrator. This record shall be on file in the clerk's office as well as being made a part of the site plan or building records for that parcel. The statement of conditions will be recorded in the county register of deeds.

(Ord. No. 62, § 7-14.08, 8-11-1984)

Sec. 38-489. - Appeal to circuit court.

(a)

Decisions of the planning commission shall be final. However, a person having an interest affected by a special land use decision may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the planning commission to ensure that the decision:

(1)

Complies with the constitution and laws of the state.

(2)

Is based upon proper procedure.

(3)

Is supported by competent material and substantial evidence on the record.

(4)

Represents the reasonable exercise of discretion granted by law to the planning commission.

(b)

If the court finds the record of the planning commission inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the planning commission, the court shall order further proceedings before the planning commission on conditions which the court considers proper. The planning commission may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decision shall be filed with the court.

(c)

As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the planning commission.

(Ord. No. 62, § 7-14.09, 8-11-1984)

Sec. 38-490. - Voiding of special approval use permit.

(a)

Any approval given by the planning commission, under which premises are not used or work is not started within 18 months, or when such use or work has been abandoned for a period of six months, shall lapse and cease to be in effect. The planning commission may grant the applicant one or more six-month extensions of time if good cause is shown.

(b)

A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter and grounds for the zoning administrator to suspend such special approval use permit until review by the planning commission. The planning commission shall direct such corrective action as it determines is necessary to bring conformance with this chapter, or the planning commission shall cancel the special approval use permit in question.

(Ord. No. 62, § 7-14.10, 8-11-1984)

Sec. 38-491. - Gas or electrical transmission lines.

High pressure gas transmission lines and high voltage electric transmission tower lines shall be permitted in any district, subject to the following regulations:

(1)

General regulations.

a.

All such utility lines shall follow existing utility corridors, where possible and reasonable, as determined by the planning commission.

b.

The loss of any active agricultural use on property shown as prime or unique farmland on the Soil Conservation Service's important farmland map of the county shall be minimized to the greatest extent feasible consistent with the public interest and common good as determined by the planning commission.

c.

Selective clearing techniques shall be used throughout a utility corridor or property for installation of towers, lines, pipelines, service roads, drainage facilities, and similar facilities. Existing vegetation shall be maintained, whenever possible, throughout the remainder of the corridor not affected by the actual installation of approved facilities.

d.

Noncompliance with any part of this chapter, or any other township ordinance, shall be grounds for the township acting to withdraw its approval or conditional approval of any use regulated under this article, and to order such use to be discontinued.

e.

Prior to commencement of construction, any approvals granted under this section are not transferable to others or to successors in interest, without first applying for such to the planning commission.

f.

The person or company granted privileges shall inform the township clerk on a continuing basis of the name, address and phone number of its employee who is responsible for receiving complaints and communications from the township.

g.

The existence of one line or facility approved hereunder does to imply permission to erect any other lines or facilities other than those originally permitted.

(2)

Requirements for high voltage electric transmission lines of 120 kv or greater.

a.

High voltage electric transmission lines of more than 345 kv shall not be located closer than 500 feet to occupied residences. Existing 345 kv lines shall not be energized at a higher voltage level when located closer than 500 feet to occupied residences.

b.

Corridor width shall be a minimum of two times the proposed tower height for all voltages so that accidental collapse of any tower will be confined to the utility right-of-way.

c.

Where operating voltages will exceed 345 kv, the township shall evaluate an area one-quarter mile on either side of the proposed electric corridor. The existing density of occupied dwellings per square mile shall not exceed 100 in any two miles segment of this area. The applicant shall provide maps showing all information necessary to determine compliance with this standard.

d.

The electric field strength for all voltage levels shall not exceed 0.8 kv per meter, as measured at the edge of the corridor right-of-way.

e.

No such line or system shall cause radio or TV interference within residential dwellings in the township, and if such happens it will be considered a public nuisance, subject to abatement.

f.

"Danger-No Trespassing" signs shall be placed at all road crossings, and the planning commission may require fencing at those road crossings which it determines are in need of additional protective measures.

g.

Any area destroyed by necessity in the construction of such approved facilities may be subject to conditions imposed by the planning commission for its immediate restoration by replanting or similar techniques.

h.

During the construction or repair of any facilities approved under this article, the following shall be required:

1.

All internal roads shall be kept dust free by chemical treatment.

2.

Any damage to public or private roads, fences, structures or facilities shall be repaired immediately.

3.

No wastes or spoils of any kind, such as tree stumps, construction wastes, trash and the like, shall be left after construction or repair operations are complete.

4.

All construction operations shall be confined to daylight hours - Monday through Saturday - unless permitted in writing by the planning commission.

i.

At the time a request is made for approval under this section, the person, partnership, corporation or public utility shall submit an estimated timetable for completion of the construction plans to the planning commission, and specifications of all equipment and facilities proposed for installation. The planning commission may require a performance bond with surety or an irrevocable bank letter of credit as a guarantee of completion of all approved facilities, and an agreement to indemnify, defend and hold harmless the township from any claim arising out of the construction or operation of a project approved in this article.

j.

When such lines or systems interfere with a public road by crossing such or paralleling such, any person or company, upon five days' notice, shall be required to raise such lines for necessary passage of any barn, building, house, or other object over the public ways.

k.

If any court or the state public service commission or other governmental body finds that such lines and systems are not necessary, such lines and systems shall, upon exhaustion of appeals, be dismantled under regulation by the planning commission.

l.

The township may make reasonable request to require the person or company granted privileges under this section to file written reports of the current status of research on high-voltage electricity, and such reports shall be true and complete. Any privilege granted under this section is subject to a continuing representation by the holder of such privileges that such lines and systems are safe and have no chance of being detrimental to the health or safety of any person or the environment.

m.

After the construction of the line is completed and before regular operation is begun, the operating company shall retain the services of an independent testing laboratory, which shall test such line for compliance with the standards contained in this section, and submit a report of the test results to the township.

(Ord. No. 62, § 7-14.11, 8-11-1984)

Sec. 38-492. - Outdoor theaters.

Outdoor theaters, where permitted, are subject to the following extra standards:

(1)

Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall only be permitted when the site in question is surrounded by a nonresidential district.

(2)

The proposed internal design shall receive approval from the building inspector as to adequacy of drainage, lighting, screening and other technical aspects.

(3)

Points of ingress and egress shall be available to the outdoor theater from abutting major thoroughfares and shall not be available from any residential street.

(4)

All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or to stand within a dedicated right-of-way.

(5)

The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed so as to be confined within, and directed onto the premises of the outdoor theater site.

(6)

All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(Ord. No. 62, § 7-14.12, 8-11-1984)

Sec. 38-493. - Auto racetracks.

Auto racetracks, including midget, auto, motorcycle and go-kart tracts, where permitted, are subject to the following extra standards:

(1)

Because auto racetracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas and cause noise levels which may project beyond the property so used, they shall be permitted when located adjacent to a major thoroughfare and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question.

(2)

All parking shall be provided as off-street parking within the boundaries of the development.

(3)

All access to the parking areas shall be provided from a major thoroughfare.

(4)

All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(Ord. No. 62, § 7-14.13, 8-11-1984)

Sec. 38-494. - Horse and dog racetracks.

Horse and dog racetracks, where permitted, are subject to the following extra standards:

(1)

Because horse and dog racetracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas and require sizable land areas which would be incompatible with business or residential districts, they shall be permitted when located on a parcel of land which is abutting land zoned for industrial purpose on all sides of the parcel in question.

(2)

All parking shall be provided as off-street parking within the boundaries of the development.

(3)

All access to the parking areas shall be provided from a major thoroughfare.

(4)

All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(Ord. No. 62, § 7-14.14, 8-11-1984)

Sec. 38-495. - Lumber and building material dealers.

Lumber and building material dealers, where permitted, are subject to the following special standards:

(1)

The site shall abut only land zoned C-2, M-1, or M-2.

(2)

All storage of building materials shall be within enclosed buildings, or storage sheds, except that outdoor storage may be permitted when within an area enclosed by an area enclosed by an obscuring fence or wall not less then six feet nor more that eight feet in height. Screening slats placed in a chainlink fence shall not be accepted as a suitable screening device.

(Ord. No. 62, § 7-14.15, 8-11-1984)

Sec. 38-496. - Quarries.

Because the commercial removal of soil, sand, gravel, stone and other earth materials is likely to involve substantial amounts of nuisance (primarily noise and dust, with resulting air pollution) and large amounts of trucking and in some (but not necessarily all) cases the land is spoiled for any subsequent use with resulting loss of taxable revenues, such use shall be, where permitted, subject to the following extra standards:

(1)

There shall be not more than one entranceway from a major thoroughfare to such lot for each 500 feet of street frontage.

(2)

Such removal, processing, transportation, and activities relating to storage such as stockpiling shall not take place before 7:00 a.m. or after sunset.

(3)

On such lot, no digging or excavating shall take place closer than 100 feet to any lot line or public right-of-way.

(4)

On such lot, all roads, driveways, parking lots, and loading and unloading areas within 100 feet of any lot line shall be paved, oiled, watered, or chemically treated so as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

(5)

Any odors, smoke, fumes or dust generated on such lot by any digging, excavating, processing, stockpiling, or transportation operation and borne or able to be borne by the wind shall be confined with the lines of such lots as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road and shall conform to section 38-634.

(6)

Such removal processing or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface, watercourse, or water body outside the lines of the lot on which such use shall be located.

(7)

Such removal processing or storage shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of such lot or of any land on such lot so that earth materials are carried outside of the lines of such lot, that such removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property, and that if such removal, processing or storage shall cease to be conducted, it shall be the continuing responsibility of the owner or operator thereof to ensure that no erosion or alteration of drainage patterns, as specified in this subsection, shall take place after the date of the cessation of operation.

(8)

All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, by that In the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery the operation of such equipment or machinery may continue henceforth but In no case less than 100 feet from any lot line or right-of-way.

(9)

If a commercial removal of soil, sand, gravel, stone or other earth materials by reasons of its depth or other conditions constitutes or is reasonably likely to constitute a danger to public health, safety or welfare, then a fence shall be erected around it. The fence shall be six feet in height, shall be adequate to prevent trespass, and shall be placed no closer than 50 feet to the edge of any slope.

(10)

All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural.

(11)

The operator shall file with the planning commission and the township board a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil, proposed and final landscaping, and the location of future roads, drives, drainage courses and/or other improvements contemplated. Such plans shall be subject to review and modification from time to time by the planning commission or township board. The anticipated cost of carrying out the plans for restoration shall be included with such plans.

(12)

The operator shall file with the township a performance bond, payable to the township and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond which will reflect the anticipated cost of restoration shall be fixed by the township. The bond shall be released upon written certification of the building inspector that the restoration is complete and in compliance with the restoration plan.

(Ord. No. 62, § 7-14.16, 8-11-1984)

Sec. 38-497. - Junkyards, automobile salvage or wrecking yards, waste or scrap recycling operation and refuse transfer facilities.

Junkyards, automobile salvage or wrecking yards, waste or recycling operations and refuse transfer stations, where permitted, are subject to the following extra standards:

(1)

These uses may only be on land which is abutting land zoned for nonresidential purposes on all sides.

(2)

All parking shall be provided as off-street parking within the boundaries of the development.

(3)

Any required front yard setback shall not be used for providing off-street parking but must be landscaped.

(4)

All sides of the development shall be screened with an unpierced fence or wall at least eight feet in height and not less than the height of the materials on the lot on which a stated use is located.

(5)

The required fence or wall shall be no closer to the lot lines than the yard requirements for buildings or structures permitted in the district.

(6)

All waste or scrap materials shall be exclusively contained behind such fence or wall.

(7)

All roads, driveways, parking lots, and loading and unloading areas within such use shall be paved, oiled, watered or chemically treated so as to limit the nuisance caused by wind-borne dust to adjoining property and public roads.

(Ord. No. 62, § 7-14.17, 8-11-1984)

Sec. 38-498. - Sanitary landfills.

(a)

Recognizing that because of their nature, sanitary landfills have objectionable characteristics, and recognizing that such landfills may have harmful effects on adjacent properties and the general welfare of the public, special regulation of sanitary landfills is necessary to ensure that the objectionable effects of landfilling will not contribute to the blighting or downgrading of surrounding properties and threaten the public health, safety and general welfare.

(b)

The dumping of such waste materials shall be done in accordance with the landfill regulations in article V of chapter 12 of this Code and the licensing requirements under Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.), and all state regulations generally and specifically appended to the individual permit.

(Ord. No. 62, § 7-14.18, 8-11-1984)

Cross reference— Solid waste, ch. 28.

Sec. 38-499. - Telephone exchange and static transformer stations, gas regulator stations, and other public utility buildings.

Telephone exchange and static transformer stations, gas regulator stations, and other public utility buildings will be allowed in all districts, subject to the following extra standards:

(1)

There is no public business office nor any storage yard or storage building operated in connection therewith.

(2)

The exchange, transformer stations or transformer mats are located not less than 15 feet from any interior side property line, 25 feet from its front property line, and 30 feet from its rear property line.

(3)

All required yards are to be landscaped and maintained.

(Ord. No. 62, § 7-14.19, 8-11-1984)

Sec. 38-500. - Hotels and motels.

Hotels and motels, where permitted, are subject to the following extra standards:

(1)

Vehicular ingress and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet in width.

(2)

No kitchen or cooking facilities within the units are to be provided with the exception of the manager's or caretaker's units.

(3)

Each unit shall contain no less than 250 square feet of floor area.

(4)

Units shall not be occupied as a place of permanent residence and a guest register shall be maintained.

(Ord. No. 62, § 7-14.20, 8-11-1984)

Sec. 38-501. - Feedlots and raising of fur-bearing animals.

(a)

The raising of fur-bearing animals, including mink and rabbit, where permitted, shall be located on a continuous parcel of land five acres or more in area with all buildings and outdoor runs setback 100 feet or more from all property lines; with the exception of raising mink which shall be conducted on a continuous parcel of land 40 acres or more in area, with all outdoor runs or breeding areas enclosed on all sides by a fence not less than four feet in height and setback from all property lines a minimum distance of 400 feet.

(b)

Feedlots, where permitted, are subject to the following extra standards:

(1)

The raising of fowl or their byproducts shall be conducted within an adequately fenced area or an enclosed building. The killing and dressing of fowl are permitted, provided that the operation is conducted within a building. All waste parts or offal must be immediately disposed of and no outdoor storage of offal shall be permitted.

(2)

Any pen, corral, or structure where barnyard animals are maintained as a feedlot, or where swine are raised shall be located a minimum of 2,000 feet to the nearest R-1A, R-1B, R-2, RM, or MHR district. A feedlot shall not be located closer than 125 feet from a residence.

(Ord. No. 62, § 7-14.21, 8-11-1984; Ord. No. 198, art. 7, 8-16-206)

Sec. 38-502. - Home occupations.

Home occupations, where permitted, are subject to the following extra standards:

(1)

No article or service is to be sold or offered for sale on the premises, except such as is produced by such occupation.

(2)

Such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas.

(3)

One nonilluminated nameplate, not more than two square feet in area, containing only the name and occupation of the resident of the premises.

(4)

Only residents of the dwelling unit may be engaged in the home occupation.

(5)

No more than one room in the dwelling shall be employed for the home occupation.

(6)

A home occupation must be conducted within a dwelling which is the bona fide residence of the principal character or in an accessory building thereto which is normally associated with a residential use.

(7)

No outdoor storage shall be permitted.

(8)

No alteration to the exterior of the buildings shall be made which changes the character thereof as a residence.

(9)

No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure of the fire district in which the structure is located.

(10)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(11)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in the line voltage of the premises.

(12)

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

(13)

Home occupations not permitted: The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations:

Antique shops.

Auto repair, major or minor.

Barbershops.

Beauty salons.

Dancing schools.

Dental offices.

Funeral home.

Gift shop.

House-to-house salesman.

Insurance offices.

Kennels.

Medical offices.

Medical or dental clinic or hospital.

Mortuaries.

Nursery schools.

Painting of vehicles, trailers or boats.

Private clubs.

Real estate offices.

Renting of trailers.

Repair shops or service establishments, except the repair of electrical appliances, typewriters, cameras, or other similar small items.

Restaurant.

Stables.

Tourist homes.

Veterinary clinic or hospital.

(Ord. No. 62, § 7-14.22, 8-11-1984)

Cross reference— Businesses, ch. 6.

State Law reference— Residence used to give instruction in craft or fine art to be permitted as a home occupation, MCL 125.271a.

Sec. 38-503. - Churches.

Churches and other facilities normally incidental thereto, where permitted, are subject to the following requirements:

(1)

The site is so located as to have at least one property line abutting a major thoroughfare of not less than 120 feet of right-of-way width, whether existing or proposed, and all ingress and egress to the site shall be directly onto such major thoroughfare or a marginal access service drive thereof.

(2)

The subject property contains a minimum of two acres.

(3)

Front and side yards shall be equal to at least 1½ percent the height of the main building. The height limitations set forth in division 12, article III of this chapter shall not apply to churches.

(4)

Off-street parking shall be provided in accordance with the provisions of section 38-619. No off-street parking area may occupy a required front yard.

(5)

Whenever an off-street parking area is located within 50 feet of an adjoining residentially zoned property line, a continuous and obscuring protective screening device at least four feet, six inches in height, but not more than six feet in height, shall be provided along the sides of the parking area adjoining such residentially zoned land. Such screening device shall comply with the provisions of sections 38-614 and 38-615.

(6)

The site shall not be used for dwelling purposes except that residential dwelling facilities may be provided for up to two regular employees of the church and their families. Any such dwelling units of quarters shall comply with the minimum requirements for dwelling in the district in which located.

(7)

Accessory structures shall not exceed one story or 14 feet in height.

(Ord. No. 151, § 2, 9-15-1999)

Sec. 38-504. - Government buildings.

Government buildings and uses, where permitted, are subject to the following extra standards:

(1)

The depth of the front and rear yard and the width of each side yard shall not be less than 50 feet.

(2)

Off-street parking shall be provided in accordance with the provisions of section 38-619.

(3)

Whenever an off-street parking area is located within 50 feet of an adjoining residentially zoned property line, a continuous and obscuring screen at least four feet, six inches in height, but not more than six feet in height, shall be provided along the sides of the parking area adjoining such residentially zoned land. Such screen shall comply with the provisions of sections 38-614 and 38-615.

(Ord. No. 62, § 7-14.24, 8-11-1984)

Sec. 38-505. - Golf courses.

Golf courses, where permitted, are subject to the following extra standards:

(1)

The site is so located as to have at least one property line abutting a major thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto a major thoroughfare or a marginal access drive thereof.

(2)

All development features including the principal building and any accessory building or structures are so located and related to minimize the possibility of any adverse effect upon adjacent property. This shall mean a minimum distance of 200 feet to the property line of abutting residentially zoned lands and public right-of-way; provided, however, that where topographic conditions are such that the building would be screened from view, the planning commission may modify this requirement.

(3)

Major accessory uses which are generally of a commercial nature, such as a restaurant and bar, shall be housed in a single building with a clubhouse. Minor accessory uses which are strictly related to the operation of the golf course itself, such as maintenance garage and pro shop, may be located in separate buildings.

(4)

Whenever a swimming pool is to be provided, such pool shall be provided with a protective fence six feet in height and entry shall be by means of a controlled gate or turnstile.

(5)

Off-street parking shall be provided in accordance with the provisions of section 38-619.

(Ord. No. 62, § 7-14.25, 8-11-1984)

Sec. 38-506. - Private recreational areas.

Private recreational areas not open to the general public; institutional community or neighborhood recreation centers; and neighborhood association swimming pools, where permitted, are subject to the following extra standards:

(1)

The subject property is at least ten acres or more in area and is located on, or has direct access to, a major thoroughfare having an existing or proposed right-of-way width of not less than 120 feet.

(2)

The depth of the front and rear yards and the width of each side yard shall not be less than 50 feet.

(3)

Off-street parking shall be determined on the basis of one parking space for each 500 square feet of land area devoted to these uses. Off-street parking shall be in accordance with the provisions of section 38-619.

(4)

Whenever an off-street parking area is located within 50 feet of an adjoining residentially zoned property line, a continuous and obscuring screen at least four feet, six inches in height, but not more than six feet in height, shall be provided along the sides of the parking area adjoining such residentially zoned land. Such screen shall comply with the provisions of sections 38-614 and 38-615.

(Ord. No. 62, § 7-14.26, 8-11-1984)

Sec. 38-507. - Large scale outdoor recreational uses.

Large scale outdoor recreation uses, including picnic grounds, miniature golf courses, golf driving ranges, campgrounds, riding stables, hay rides, small boat rentals, swimming facilities, kiddie type rides, and tracks for off-road vehicles (but not including circuses, motorcycle and auto racetracks, and horse or dog tracks) or similar uses for physical and outdoor exercises, where permitted, are subject to the following extra standards:

(1)

The subject property is at least 20 acres or more in area and is located on a major thoroughfare having an existing or proposed right-of-way of not less than 120 feet.

(2)

All development features, including the principal building, shall not be closer than 200 feet to a public street or land zoned R-1A, R-1B, R-2, RM, or MHR, except where natural topographical conditions are such that the development features would be screened from view, this requirement may be modified.

(3)

No activity shall take place within 30 feet of the perimeter of the recreational area. All such activities shall be screened from abutting land zoned R-1A, R-1B, R-2, RM or MHR, by means of a protective screening device as determined by the planning commission meeting the requirements of sections 38-614 and 38-615.

(4)

Related accessory commercial uses may be permitted in conjunction with the recreational uses when it is clearly incidental to the main recreational character of use and such related accessory uses shall not include the sale, servicing, or repair of any vehicles or equipment used on the site except that owned by the proprietor.

(5)

Permitted accessory uses which are generally of a minor commercial nature shall be housed in a single building. Minor accessory uses which are strictly related to the operation of the recreational use itself, such as a maintenance garage, may be located in a separate building.

(6)

Off-street paved parking shall be constructed in accordance with section 38-619, except that the planning commission may waive requirements for paved parking areas, maneuvering lands, and drives for campgrounds, parks, riding stable, and other similar outdoor recreational uses where because of their rural or rustic nature, hard surfaced parking in the opinion of the planning commission would detract from the nature of the recreational experience.

(7)

Whenever a swimming pool is provided, such pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate or turnstile.

(Ord. No. 62, § 7-14.27, 8-11-1984; Ord. No. 198, art. 7, 8-16-2006)

Sec. 38-508. - Public or commercial stables, kennels and veterinary clinics.

Public or commercial stables containing four or more horses, kennels and veterinary clinics, where permitted, are subject to the conditions specified of this section. The kennel requirement shall apply in cases where four or more of such animals six months or older are used, kept, stored or maintained for any purpose. Veterinary clinics may also be permitted as a special approval use in the general business district (C-2), provided that there are no outdoor runs for animals.

(1)

Site requirements:

a.

The minimum site for kennels, commercial/public stables and veterinary clinics containing outdoor runs shall be ten acres with a minimum lot width of not less than 600 feet.

b.

A public/commercial riding stable shall provide an area of not less than one acre for each horse stabled and used as part of such facility.

(2)

Yard and placement requirements: The same as for those permitted in the existing zoning district plus no building or outdoor runs shall be closer than 100 feet from any abutting property line.

(3)

Other requirements:

a.

All animals shall be adequately housed, fenced and maintained so as not to become a public or private nuisance. The premises shall be maintained in such a manner so as not to be harmful to surrounding properties, or create any hazard or detriment to public health, safety or general welfare.

b.

Any use permitted by the township shall terminate immediately when the lot area requirements set forth in this section are decreased in any manner or the provisions of this section are violated.

c.

The subject property is so located as not to hinder the natural and presumed residential development of the area.

(4)

Specific requirements regulating dog kennels:

a.

There shall be an opening in the building housing the animals to permit them easy entrance and exit. The opening must have a door to return the dogs.

b.

All gates on fences where the dogs are enclosed must have a self-closing latch to which a lock may be fastened.

c.

A limited kennel is defined as having not less than four but not more than ten dogs. For such use, there shall be provided a minimum of 100 feet from the kennel or run to any side or rear lot line, and not less than 250 feet from the road right-of-way.

d.

An unlimited kennel is defined as having more than ten dogs. For such use there shall be a minimum of 250 feet from the kennel to any side or rear lot line and not less than 350 feet from the road right-of-way.

e.

All pens and runways shall be screened from view from all directions either by the building or greenbelt plantings.

(5)

Off-street parking requirements:

a.

Kennels: One parking space shall be provided for every five kennel runs.

b.

Other uses shall provide parking to accommodate the maximum number of visitors using the facility at any one time.

c.

All off-street parking shall be constructed to the standards specified in section 38-619.

(Ord. No. 62, § 7-14.28, 8-11-1984)

Sec. 38-509. - Nursery school, day nursery, and child care centers.

Nursery schools, day nurseries, and child care centers, where permitted, are subject to the following extra standards:

(1)

For each child cared for there shall be provided and maintained a minimum of 150 square feet of outdoor play area.

(2)

Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district, and shall be completely enclosed by a masonry wall or chainlink fence of not less than four feet in height.

(3)

Any such use shall not be permitted in the interior of any R-1A, R-1B, R-2, or AG district, and shall be located adjacent to a RM, MHR, or a nonresidential district, and shall be located on a lot fronting a major thoroughfare or collector street having an existing or proposed right-of-way of not less than 86 feet.

(4)

Sufficient area shall be provided for automobiles waiting to pick up children so that they are not forced to wait or stand on a public street.

(5)

No building, use or activity shall be located closer than 30 feet to any property line of residentially zoned property.

(Ord. No. 62, § 7-14.29, 8-11-1984; Ord. No. 198, art. 7, 8-16-2006)

Sec. 38-510. - Public and private colleges and universities.

Public and private colleges and universities, and other similar institutions of higher learning, where permitted, are subject to the following extra standards:

(1)

All ingress and egress shall be directly to a paved public road having a planned right-of-way of not less than 120 feet as indicated on the township's thoroughfare plan.

(2)

The subject property contains a minimum of five acres.

(3)

The depth of the front and rear yard and the width of each side yard shall not be less than 75 feet.

(4)

Height of residential buildings in excess of the minimum requirements may be allowed, provided that minimum yard setbacks where yards abut land zoned for residential purposes, are increased by not less than 18 feet for each yard, for each 12 feet or fraction thereof by which such building exceeds the maximum height requirements of the zone.

(5)

Those buildings to be used for servicing or maintenance, such as heating plants, garages, storage structures, and the like, shall not be located on the outer perimeter of the site where abutting property is zoned for residential purposes.

(6)

The quantity of parking spaces shall be such as to adequately service the faculty, students, and maintenance staff of the institution and provide properly for access to public streets.

(7)

All off-street parking shall be paved and constructed to the standards of this chapter.

(Ord. No. 62, § 7-14.30, 8-11-1984)

Sec. 38-511. - Orphanage, foster home, home for the aged, indigent, or physically or mentally handicapped.

An orphanage, foster home, or a home for the aged, indigent, physically or mentally handicapped, a rest or convalescent home, where permitted, are subject to the following extra standards:

(1)

All vehicular ingress and egress from the site shall be directly onto a major thoroughfare having a planned right-of-way of not less than 120 feet.

(2)

The maximum extent of development shall not exceed 30 persons, patients or residents per acre or land.

(3)

No building other than a structure for strictly residential purposes shall be closer than 60 feet to any property line.

(Ord. No. 62, § 7-14.31, 8-11-1984)

Sec. 38-512. - Boardinghouses and lodging-houses.

Boardinghouses and lodginghouses, where permitted, are subject to the maximum extent of development not exceeding 20 roomers per acre of land.

(Ord. No. 62, § 7-14.32, 8-11-1984)

Sec. 38-513. - Hospitals.

Hospitals, where permitted, are subject to the following extra standards:

(1)

The site plan does show that a proper relationship exists between the major thoroughfare and any proposed service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety, and all development features including the principal building and any accessory buildings, open spaces, and service roads, driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property.

(2)

All such hospitals shall be developed sites consisting of at least five acres in area for the first 100 beds or less plus one acre for each additional 25 beds.

(3)

The proposed site shall have at least one property line abutting a major thoroughfare having an existing or proposed right-of-way of not less than 120 feet, and vehicular ingress and egress to the site shall be directly onto such thoroughfare.

(Ord. No. 62, § 7-14.33, 8-11-1984)

Sec. 38-514. - Amusement and recreation services.

(a)

Indoor recreation. Recreation centers similar to bowling alleys, skating rinks, racquet spots, archery ranges, amusement areas, arcades and similar forms of recreation or amusement, where permitted, are conducted wholly within a completely enclosed building.

(b)

Amusement oriented outdoor recreation. Outdoor recreational space for adult or children's amusement parks, circuses, carnivals, rebound tumbling facilities, outdoor dance pavilions, miniature golf courses, and golf driving ranges, where permitted, are subject to the following extra standards:

(1)

The site shall not abut directly or across a street any R-1A, R-1B, R-2, r MHR district.

(2)

Children's amusement parks shall be fenced on all sides with a wall or fence not less than four feet, six inches in height.

(3)

No loudspeaker or public address system shall be used except by express written consent of the township planning commission wherein it is deemed that no public nuisance or disturbance will be established.

(Ord. No. 62, § 7-14.34, 8-11-1984; Ord. No. 198, art. 2, 8-16-2008)

Sec. 38-515. - Motor vehicle washing, conveyor or nonconveyor type.

Motor vehicle washing, conveyor or nonconveyor type, where permitted, must be completely enclosed in a building, excepting points of ingress and egress, and subject to the following extra standards:

(1)

All cleaning operations shall be completely enclosed within a building.

(2)

A hard-surfaced driveway of one or more lanes shall be constructed on the parcel in such a manner as to provide for a continuous movement of cars into the wash rack.

(3)

The driveway so provided shall be not less than ten feet wide for a single lane and not less than ten additional feet in width for each additional lane.

(4)

Where only a single lane is provided, it shall be used for no other purpose than to provide access to the wash rack. All lanes provided shall be suitably protected from interference by other traffic.

(5)

The total length of the required lane or lanes so provided for a conveyor type wash rack shall be determined by the overall length of the building, including areas having side walls but no roof. In any building where the washing operation moves in other than a straight line, the length of the building, for the purposes of this section, shall be the distance measured along the centerlines of the conveyor or wash line from the point of entry to the point of exit from the building. The overall length of the required lane or lanes, as measured along the centerline, shall be determined in accordance with the following: Where the building is 80 feet or less in overall length, the total required lanes shall be not less than 400 feet in length. Where the building exceeds 80 feet in length, the length of the required lane or lanes shall be increased 50 feet for each ten feet of or fraction thereof by which the building exceeds 80 feet in overall length.

(6)

For a nonconveyor type auto wash, five waiting spaces, each 20 feet in length, shall be provided for each washing stall on the entrance side of the stall and two spaces per stall shall be provided on the exit side for a drying area.

(7)

The site shall be designed in such manner that no operations are conducted off the parcel.

(8)

A building setback of at least 60 feet must be maintained from the proposed or existing street right-of-way.

(9)

Ingress and egress points shall be located at least 60 feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater, and shall be directly from a major thoroughfare.

(10)

The site shall be drained so as to dispose of all surface water in such a way as to preclude drainage of water onto adjacent property.

(11)

Gasoline sales shall be permitted on the property, provided that there is compliance with subsection (4) of this section, and section 38-516.

(Ord. No. 62, § 7-14.35, 8-11-1984)

Sec. 38-516. - Gasoline service stations.

Gasoline service stations, where permitted, are subject to the following extra standards:

(1)

One hundred and fifty feet of street frontage on the lot proposed for the gasoline station shall be provided on the principal street serving the station.

(2)

The lot shall contain not less than 22,500 square feet in area.

(3)

Gasoline pumps, air and water hose stands and other appurtenances shall be set back not less than 15 feet from all street right-of-way lines.

(4)

Driveway widths entering the gasoline station shall have a width of 30 feet.

(5)

Any driveway approach shall enter the property not less than 25 feet from the intersection formed by the existing or proposed right-of-way lines as set forth in the official thoroughfare plan, and not less than ten feet from any adjoining nonresidential property line not less than 25 feet from any abutting residential district. The angle of intersection of any driveway along the principal streets shall not be more than 60 degrees.

(6)

Curbs, in accordance with standard township specifications, shall be constructed on all streets adjacent to the gasoline station site.

(7)

Signs and lighting shall be shielded from residential property.

(8)

No signs, storage nor display of any kind shall be allowed within the street right-of-way. All signs and display shall be so located as not to obstruct view of vehicles.

(9)

There shall be no outside storage of display of any kind except for the primary use of a gasoline station for retail sale during the hours of operation of the gasoline station.

(10)

There shall be no parking of damaged or disabled motor vehicles except on a temporary basis for 72 hours or less. Junk parts and junk vehicles shall not be kept on the outside of the building.

(11)

Automobile, truck or trailer renting and leasing may be permitted in connection with a gasoline service station, subject to the provision that the number of automobiles, trucks, or trailers on the site that are available for lease shall not exceed one automobile, truck or trailer for each 1,000 square feet of lot area and shall be located in areas that are required for parking, aisles, service bays, loading, landscaping or sidewalks.

(12)

Prohibited activities include, but are not limited to: motor vehicle body repair, undercoating, painting, tire recapping, engine and transmission rebuilding, motor vehicle dismantling, upholstery work and other such activities whose adverse external physical effects would extend beyond the property line.

(Ord. No. 62, § 7-14.36, 8-11-1984)

Sec. 38-517. - Motor vehicle repair and service facilities.

Motor vehicle repair and service facilities, where permitted, are subject to the following extra standards:

(1)

All activities shall be conducted in an enclosed building.

(2)

All buildings shall be set back not less than 40 feet from all existing or proposed street right-of-way lines, whichever is greater.

(3)

No signs, storage nor display of any kind shall be allowed within the street right-of-way. All signs and display shall be so located as not to obstruct view of vehicles.

(4)

There shall be no outside storage or display of any kind except for the display of new merchandise related to the primary use of the facility and for retail sale during the hours of operation of the facility.

(5)

There shall be no outdoor parking of damaged motor vehicles except on a temporary basis not to exceed 72 hours. Junk parts and junk vehicles shall not be kept on the outside of the building.

(6)

Parking shall be provided on the site at a ratio of one parking space for each 100 square feet of site area.

(7)

Automobile, truck or trailer renting and leasing may be permitted in connection with motor vehicle repair and service facilities, subject to the provisions that the number of automobile, trucks or trailers on site that are available for lease shall not exceed one automobile, truck or trailer for each 1,000 square feet of lot area and shall not be located in areas that are required for parking, aisles, service bays, loading, landscaping or sidewalks.

(8)

The parking of tow trucks shall be permitted only in designated areas and shall not be permitted in the corner clearance areas.

(Ord. No. 62, § 7-14.37, 8-11-1984)

Sec. 38-518. - New automobile and truck agency sales and showrooms.

New automobile and truck agency sales, where permitted, are subject to the following extra standards:

(1)

The automobile and truck sales agency must be located on a site having a frontage on a major thoroughfare of not less than 120 feet and an area of not less than two acres.

(2)

Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater.

(3)

Major repair and major refinishing shops shall be permitted as accessory when conducted entirely within an enclosed building.

(4)

No outside storage of discarded or salvaged materials, junk vehicles, or junk parts shall be permitted on the premises.

(5)

A 15-foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of new or used automobiles.

(6)

All lighting shall be shielded from adjacent residential districts and the use of open or base bulbs shall be prohibited.

(Ord. No. 62, § 7-14.38, 8-11-1984)

Sec. 38-519. - Used automobile and truck sales.

Used automobile and truck sales, where permitted, are subject to the following extra standards:

(1)

The used automobile and truck sales must be located on a site having a frontage on a major thoroughfare of not less than 100 feet and an area of not less than 10,000 square feet.

(2)

Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater.

(3)

No outside storage of discarded or salvaged materials, junk vehicles or junk parts shall be permitted on the premises.

(4)

A 15-foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of used automobiles or trucks.

(5)

All lighting shall be shielded from adjacent residential districts and the use of open or bare bulbs shall be prohibited.

(6)

Any person selling more than two vehicles per year shall be defined as a used car dealer and shall be located only in a C-2 district.

(Ord. No. 62, § 7-14.39, 8-11-1984)

Sec. 38-520. - Drive-in, fast food, or carryout restaurant.

Drive-in, fast food, or carryout restaurants, where permitted, are subject to the following extra standards:

(1)

Ingress and egress points shall be located at least 30 feet from the intersection of any two streets measured from the intersection of the street right-of-way of least 120 feet.

(2)

The minimum distance of any driveway to the property line shall be seven feet. The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveway curbs.

(3)

When a building or portion of building is used for such purposes, it must be located not less than 500 feet from an elementary, intermediate, or secondary school, and not less than 300 feet from a church, nursing home, or a home for the aged.

(4)

Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times, and separated from the paved parking area by a raised curb or other equivalent barrier.

(5)

Concrete curbing six inches in height shall be properly placed and maintained along or parallel to all property lines, except where bumper guards are required and except across approved driveways so as to prevent vehicular encroachment onto or over the adjoining property or vehicular damage to building.

(6)

All outside trash receptacles (except those intended for use by the customer) shall be located within a six-foot high enclosure constructed of masonry material and covered with face brick and shall be provided with opaque gates of the same height. In addition, two trash receptacles for use by the customer shall be placed in a manner reachable by the customer from their car windows at each point where exit drives empty onto a public street. Such receptacles shall be emptied as often as is necessary to ensure their efficient and continued use by the customer.

(7)

Except for approved drive-in restaurants, it shall be unlawful for any person to consume or for any restaurant owner, operator, manager, franchise holder, or anyone else in authority to allow or permit the consumption of foods, frozen desserts, or beverages in motor vehicles parked upon the restaurant premises. Outdoor eating may be permitted in designated outdoor seating areas attached to the main restaurant building and accessible from such building. Such areas may also include children's playground equipment. The size and spatial arrangement of such areas shall be subject to the review and approval of the planning commission during site plan review.

(Ord. No. 62, § 7-14.40, 8-11-1984)

Sec. 38-521. - Open-air display and sale of mobile homes, recreational vehicles, motorcycles, or other motor vehicles sales areas other than trucks, automobiles, and homeowners' gardening equipment.

Open-air display and sale of mobile homes, recreational vehicles, motorcycles or other motor vehicle sales area other than trucks and automobiles, home owners' gardening equipment, etc., where permitted, shall have such vehicles displayed on a paved surface complying with the provisions of section 38-619, with no outside storage, and further provided that there be no display in areas that are required for parking, aisles, loading or sidewalks. Ingress and egress to the site shall be at least 25 feet from a street intersection or adjacent residential district.

(Ord. No. 62, § 7-14.41, 8-11-1984)

Sec. 38-522. - Special land use approval requirements.

Self-storage facilities used to provide temporary storage needs for businesses, apartment dwellers and other individuals on a self-service basis, where permitted, are subject to the following extra standards:

(1)

No storage of combustible or flammable liquids, combustible fibers, explosive materials, or toxic materials shall be permitted with the self-storage buildings or upon the premises.

(2)

No outside storage shall be permitted.

(3)

The use of the premises shall be limited to storage only and shall not be used for operating any other business, or for maintaining or repairing of any vehicles, recreational equipment or other items, or for any recreational activity hobby or purpose other than the storage of personal items and business items.

(4)

Appropriate screening as per the requirements of section 38-614 shall be provided for those portions of the site abutting a residential zoning district.

(5)

The site shall be graded, drained and developed with hard-surfaced pavement as per the specifications of section 38-73.

(6)

Fire hydrants and fire suppression devices shall be provided, installed and maintained as per the requirements of the township fire chief.

(7)

Buildings shall not exceed 200 feet in length and shall maintain a minimum distance of 25 feet between individual buildings.

(Ord. No. 62, § 7-14.42, 8-11-1984)

Sec. 38-523. - Gun clubs; shooting and archery ranges.

Gun clubs and shooting and archery ranges, where permitted, are subject to the following extra standards:

(1)

It must be located on a parcel of five acres or more in area.

(2)

The parcel must be located at least 250 feet from a lot line of any adjacent residential district

(3)

All ingress and egress from such parcel must be directly from a public road.

(4)

Off-road parking must be provided.

(5)

No on-road parking shall be permitted.

(6)

All new gun clubs and shooting and archery ranges, and any additions to such uses, shall be designed by an engineer or architect licensed by the state.

(7)

All new shooting ranges shall meet the design standards of the National Rifle Association.

(Ord. No. 62, § 7-14.43, 8-11-1984)

Sec. 38-524. - Cemeteries.

Cemeteries, where permitted, are subject to the following extra standards:

(1)

The location of a cemetery shall be permitted in the quarter section of any AG district when the quarter section does not have more than 51 percent of its land area in recorded plats.

(2)

All access shall be provided from major thoroughfares having a planned right-of-way of not less then 120 feet.

(3)

All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring wall or fence or buffer strip planting as described in sections 38-614 and 38-615.

(4)

Approval shall be given contingent on a satisfactory drainage plan approved by the township engineer.

(5)

Any crypt, mausoleum, or other buildings or structures wholly or in part above the ground, other than monuments, shall together occupy not more than 25 percent of the total lot area.

(6)

No part of any crypt, mausoleum, or other building containing bodies or remains, other than a subterranean grave shall be less than 100 feet from the nearest lot line.

(7)

The proposed cemetery complies with all provisions in acts relating to cemeteries enacted by the people of the state.

(Ord. No. 62, § 7-14.44, 8-11-1984)

Cross reference— Cemeteries, ch. 8.

Sec. 38-525. - Airports.

Airports, aircraft, runways, hangars, beacons and other facilities involved with aircraft operations, subject to all rules and regulations of the Federal Aviation Administration, which agency shall approve the preliminary plans submitted to the township. Permitted height of buildings, structures, telephone and electrical lines and appurtenances thereto shall be considered factors in consultations with the appropriate aeronautical agencies in considering an airport use. The area of clear zone (as defined by the FAA) shall be provided for within the land area under airport ownership.

(1)

Site, yard and placement requirements:

a.

No building or structure or part thereof shall be erected closer than 60 feet from any property line.

b.

Those buildings to be used for servicing or maintenance shall not be located on the outer perimeter of the site where abutting property is zoned for residential use.

c.

Airports must be located on a contiguous parcel of land of not less than 160 acres. The parcel shall have a width of not less than 1,320 feet.

d.

No part of the site shall abut either directly or across a street any R-1A, R-1B, R-2, RM, or MHR district.

(2)

Performance requirements: All lights used for landing strips and other lighting facilities shall be so arranged as not to reflect towards adjoining nonairport uses.

(3)

Prohibited use: The open storage of junked or wrecked motor vehicles or aircraft shall not be permitted, except that wrecked aircraft may be stored in the open for not more than 30 days from the date of the accident.

(4)

Off-street parking requirements:

a.

One parking space shall be required for every three airplanes stored on the site.

b.

All off-street parking shall be paved and constructed to the standards of this chapter.

(Ord. No. 62, § 7-14.45, 8-11-1984; Ord. No. 198, art. 7, 8-16-2006)

Sec. 38-526. - Single-family detached condominiums.

Single-family detached condominium dwellings, where permitted, are subject to the following extra standards:

(1)

This development option may be used only in instances where the physical dimensions or unique character or location of the land would prohibit development as a platted subdivision.

(2)

The number of dwelling units per acre shall not exceed that which would be permitted in a single-family subdivision in the district.

(3)

Parking requirements shall be the same as required for other single-family uses.

(4)

Roadways and maneuvering areas shall meet the same standard as required for multiple-family residential developments.

(5)

At least ten percent of the land area of the development excluding land area devoted to roadways shall be defined as a common element and maintained by the condominium association. The nature and design of this common element shall be subject to the approval of the planning commission.

(6)

The condominium development shall not be converted to a subdivision unless all requirements of the township subdivision chapter (chapter 18 of this Code) are complied with.

(7)

All privately owned roadways within the development shall be clearly marked as private roads at all points where such roadways enter upon a public street.

(8)

A copy of the master deed as approved by the state shall be filed with the application for site plan approval under division 1, article II of this chapter.

(9)

Site plans for single-family condominium developments shall comply with section 38-46.

(10)

All units shall be connected to the public sewer and water system.

(11)

Private roadways shall be allowed in single-family condominium developments, provided that they comply with all standards contained in this section.

(Ord. No. 62, § 7-14.46, 8-11-1984)

Sec. 38-527. - Housing for elderly and persons with disabilities.

Housing exclusively for the elderly and persons with disabilities, including accessory congregate care and assisted living supportive services, but not including nursing homes or convalescent homes, where permitted, are subject to the following extra standards:

(1)

The lot or parcel shall maintain continuous minimum frontage upon a paved major thoroughfare or secondary thoroughfare, as defined in the township thoroughfare plan, as follows:

Small development (24 units or less) .....100 feet

Moderate development (25 units to 90 units) .....150 feet

Large development (100 units or more) .....200 feet

(2)

The lot or parcel shall abut land, directly or across a street, which is zoned for other than single-family, two-family or agricultural use on at least one side.

(3)

The lot or parcel shall have a minimum area of not less than 2½ acres. In calculating the minimum land area required per dwelling unit, the following schedule shall govern:

Independent Living Land Required per Unit
Efficiency/studio 1,600 square feet
One bedroom 3,200 square feet
Two bedroom 4,800 square feet

 

Congregate Care/Assisted Living Land Required per Unit
Efficiency/studio 1,400 square feet
One bedroom 2,800 square feet
Two bedroom 4,200 square feet

 

(4)

The minimum floor area (as measured from the inside face of exterior walls and centerline of party wall partitions) of dwelling units equipped with complete individual kitchen/kitchenette shall be as follows:

Efficiency unit 400 square feet
One-bedroom unit 525 square feet
Two-bedroom unit 720 square feet

 

(5)

The minimum floor area (as measured from the inside face of exterior walls and centerline of party wall partitions) of dwelling units not equipped (or only partially equipped) with individual kitchen/kitchenette shall be as follows:

Efficiency unit 320 square feet
One bedroom unit 480 square feet
Two bedroom unit 640 square feet

 

(6)

Off-street parking shall be provided, in accordance with the following schedule:

Independent living (space/unit) .....1

Congregate care/assisted living (space/unit) .....one-half

(7)

The maximum height of buildings shall be three stories or 35 feet.

(8)

Setbacks and building spacing shall be the same as required in division 4, article III of this chapter for the RM multiple-family residential district, except that three-story buildings shall be set back a distance not less than their height and not less than 50 feet on any side adjacent to single-family, two-family and agricultural zoning districts.

(9)

The maximum percentage of the lot or parcel which may be covered by buildings shall be 25 percent, exclusive of road rights-of-way, existing or planned.

(10)

Passive outdoor recreational areas such as, but not limited to, walking paths, seating accommodations and landscaped gardens, shall be provided for residents in a location, configuration and extent approved by the planning commission.

(Ord. No. 152, § 2, 11-17-1999)

Sec. 38-528. - Multi-family dwelling units in office and commercial districts.

The purpose of this section is to accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space; and promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. This section shall only apply to commercial or office structures existing at the time of adoption of these requirements.

(1)

Multiple family dwellings above the first story of a structure where the ground floor is devoted to a permitted use in the O-1, O-2, C-1 and C-2 districts may be approved when generally consistent with the following:

a.

The uses are complementary.

b.

The site is linked by sidewalks or paved paths to alternate sources of transportation, such as bus stops and crosswalks.

c.

The uses generally create activity at different times of the day.

(2)

Multiple family dwellings above the first story of a structure where the ground floor is devoted to a permitted use in the O-1, O-2, C-1 and C-2 districts, are subject to the following extra standards:

a.

Existing and proposed dwelling units are kept in an attractive condition conducive to an appealing central commercial district and in such a manner that residential activities do not interfere with the customary business activities associated with the district.

b.

Each dwelling unit or group of such units are provided with adequate refuse containers suitable for the temporary outdoor storage of household refuse. Such containers shall be fitted with a secured lid and screened per section 38-615(p)(3).

c.

With the exception of the legally registered and operable automobiles, the storage of all personal property shall be done within the dwelling unit or an approved accessory building located to the rear of the building.

d.

Dwelling unit entrances located on the street frontage shall be inconspicuous, kept in good repair and free of debris.

e.

Windows facing the street shall be maintained in good repair.

f.

Air conditioning units in windows are allowed on the rear of the building. Condensation from such units shall be directed in a manner that prevents the direct deposition and/or accumulation of water on the sidewalk or street surface below.

g.

The outdoor hanging of laundry or any other personal items from any rope or fixture attached to the structure or otherwise located on the premises is prohibited.

h.

Deliveries, trash pickup and other similar regularly occurring activities shall be completed between the hours of 7:00 a.m. and 5:00 p.m.

i.

The site shall be improved to include safe pedestrian routes to and between the dwelling entrance, dwelling parking, established bus stops and the thoroughfare.

j.

On-site bus shelters, pathways, sidewalks, and other pedestrian related uses shall be maintained of debris, cracks, sinkholes, snow and ice. These areas shall be kept safe and useable at all times.

k.

Parking is designed in such a way that it is primarily kept out of the pedestrian's path of travel.

l.

Landscaping shall be provided.

(Ord. No. 210, § 1, 9-5-2012)

Sec. 38-529. - Pet care services.

Pet care services for mainly domestic animals including pet grooming, guard dog training, guide dog training, obedience training, and pet sitting, provided there are no outdoor runs or overnight accommodations, where permitted, are subject to the following extra standards. Excluded from this section are animal shelters, boarding services, dog pounds, kennels, veterinary clinics, farm animal services, outdoor runs, and any other similar or overnight uses.

(1)

The hours of operation for the services are limited to 7:00 a.m.—6:30 p.m.

(2)

The number of animals in the facility at any given time shall not exceed 20.

(3)

An outdoor area may be provided for the animals, but at no time shall any animal be left outside unattended nor be outside for more than 30 minutes, and the maximum number of animals at any one time in the outdoor area is three. The outdoor area must be fully screened from adjacent properties by a six foot obscured fence or masonry wall. Any fencing or walls must be at least 15 feet from the property line. Additionally, within the 15 foot setback, there shall be planted along all outdoor animal areas a row of narrow evergreens at a starting height of five feet, spaced no more than five feet on center. This requirement applies only to those outdoor areas for animal use.

(Ord. No. 212, § 1, 8-19-2015)