Huron Charter Township
City Zoning Code
City Zoning Code
ARTICLE VI
Special Provisions
§ 530-57 Intent.
The intent of this article is to recognize that there are certain conditions concerning land uses that warrant specific exceptions, regulations or standards in addition to the requirements of the zoning district in which they are permitted to be located. This article provides standards for both permitted and special uses which must be adhered to in addition to other standards of this chapter. See Article II, Terminology, and Article IV, Zoning District Regulations, for additional information related to the uses denoted within this article.
§ 530-58 Adult and child day-care facilities.
A.
Family day-care homes serving six or fewer adults or children shall be considered a residential use of property and a permitted use in all residential districts. The family day-care home shall receive minor children for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Such facilities also include homes that give care to an unrelated minor child for more than four weeks during a calendar year.
B.
Adult group day-care home with greater than six adults is subject to the following:
(1)
The proposed use of the residence for group day-care shall not change the essential character of the surrounding residential area, and shall not create a nuisance in fact or law relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.
(2)
Where outdoor areas are provided, they shall be enclosed by a fence that is at least four feet in height, but no higher than six feet.
(3)
The hours of operation do not exceed 16 hours within a twenty-four-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the dropoff and pickup is not disruptive to neighboring residents.
(4)
Appropriate license with the State of Michigan shall be maintained.
C.
Adult day-care centers are subject to the following conditions:
(1)
The property is maintained in a manner that is consistent with the character of the neighborhood.
(2)
A separate dropoff and pickup area shall be provided adjacent to the main building entrance, located off a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
(3)
Where outdoor activity areas are provided, they shall be enclosed by a fence that is at least four feet in height but no higher than six feet.
D.
Child group day-care homes with greater than six children are subject to the following:
(1)
The proposed use of the residence for group day-care shall not change the essential character of the surrounding residential area, and shall not create a nuisance of the surrounding residential area, and shall not create a nuisance relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.
(2)
There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is within 500 feet of the subject parcel.
(3)
All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.
(4)
The hours of operation do not exceed 16 hours within a twenty-four-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the dropoff and pickup of children is not disruptive to neighboring residents.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
(6)
The granting of the special land use application shall not impair the health, safety, welfare, or reasonable enjoyment of adjacent or nearby residential properties.
E.
Child day-care centers are subject to the following conditions:
(1)
The property is maintained in a manner that is consistent with the character of the area.
(2)
A separate dropoff and pickup area shall be provided adjacent to the main building entrance, located off a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
(3)
There shall be an on-site outdoor play area of the greater of 1,500 square feet or 75 square feet for each child. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is available within 500 feet from the subject parcel.
(4)
All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing and is at least four feet in height, but no higher than six feet.
(5)
For each child, a center shall have a minimum of 50 square feet of indoor activity space for use by, and accessible to, the child, exclusive of all of the following: hallways, storage areas and cloakrooms, kitchens and reception and office areas.
(6)
Appropriate licenses with the State of Michigan shall be maintained.
§ 530-59 Adult and child foster care facilities.
A.
Intent. It is the intent of this section to establish standards for child and adult foster care facilities that will insure compatibility with adjacent land uses and maintain the character of the neighborhood.
B.
Adult foster care facilities.
(1)
Application of regulations.
(a)
A state-licensed adult foster care family home and adult foster care small group home serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts.
(b)
The Township may, by issuance of a special land use permit, authorize the establishment of adult foster care small group homes serving more than six persons and adult foster care large group homes.
(c)
The Township may, by issuance of a special use permit, authorize the establishment of an adult foster care congregate facility.
(2)
Adult foster care small group homes serving between seven and 12 adults and adult foster care large group homes serving between 13 and 20 adults, shall be considered as a special land use subject to the requirements and standards of § 530-11 and the following additional standards:
(a)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or care givers.
(b)
The property is maintained in a manner that is consistent with the character of the neighborhood.
(c)
Appropriate licenses with the State of Michigan shall be maintained.
C.
Child foster care facilities.
(1)
Foster family homes serving less than four children shall be considered a residential use of property and a permitted use in all residential districts. Such facilities shall provide no less than 40 square feet of sleeping room per child with all other requirements provided in accordance with the applicable state standards.
(2)
Foster family group homes serving between four and eight children under the age of 17, no more than two of which may be under the age of one, shall be considered as a special land use subject to the requirements and standards of § 530-11 and the following standards:
(a)
The proposed use of the residence for foster family care shall not change the essential character of the surrounding residential area, and shall not create a nuisance of the surrounding residential area, and shall not create a nuisance relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.
(b)
There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is available within 500 feet from the subject parcel.
(c)
All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.
(d)
Appropriate licenses with the State of Michigan shall be maintained.
§ 530-60 Adult regulated uses.
In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, have serious objectionable operation characteristics, particularly when several of them are concentrated near to a residential zone, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. These controls are for the purpose of preventing a concentration of these uses within any one area, or to prevent deterioration or blighting of a nearby residential neighborhood. These controls do not legitimize activities which are prohibited in other sections of this chapter.
A.
B.
Building shall be set back 80 feet from an existing or proposed right-of-way.
C.
Ingress and egress points shall be located at least 120 feet from the intersection of any two streets measured from the road right-of-way lines.
D.
A five-foot-high completely obscuring masonry wall compatible with the surrounding area shall be provided where abutting districts are zoned residential.
F.
Approval of any of the regulated uses listed in this section shall be permitted only after a finding has been made by the Planning Commission at a public hearing, as required for special land uses, that the following conditions exist:
(1)
If the use is a use that is listed above in this section, it shall be located in the I-1 Light Industrial District.
(2)
The use is not located within a one-thousand-foot radius of one other such use, except that such restriction may be waived by the Planning Commission if the following findings are made:
(a)
That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.
(b)
That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.
(c)
That the establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.
(d)
That all applicable state laws and local ordinances will be observed.
G.
Limit on reapplication. No application for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence not previously available or proof of changed conditions.
§ 530-61 Airports, airstrips, and heliports.
A.
Satisfy all requirements of the Federal Aviation Administration (FAA) and the Michigan Department of Transportation's Airport Division.
B.
The plans for such facility shall be given approval by the Federal Aviation Administration prior to submittal to the Planning Commission for their review and action.
C.
The standards for determining obstruction to air navigation as announced in the FAA Technical Order N-18, April 26, 1950 (as amended July 30, 1952) and any other amendments thereto shall be complied with. This standard shall be applied by the class of airport as determined by the FAA.
D.
The area of the "clear zone" (FAA definition) shall be provided for within the land area under airstrip ownership, and in no instance shall the "clear zone" be above property zoned for single-family residential use.
§ 530-62 Animal rescues or shelters.
All animal rescues or shelters (also known as kennels) shall conform to the Michigan Department of Agriculture, Animal Industry Division, and Regulation Number 151, Pet Shops, Dog Pounds, and Animal Shelters (by authority conferred on the Director of Agriculture by Section 2 of Act No. 287 of the Public Acts of 1969, being MCLA § 287.332 of the Michigan Compiled Laws). All such uses shall also comply with the following:
§ 530-63 Artisan and farmers markets.
A.
The following are the types of vendors permitted at an artisan and/or farmers market:
(1)
Farmers: raise agricultural products (i.e., fruits, vegetables, herbs, flowers or nursery crops from seed or purchased "starters") that are personally cared for, cultivated, and harvested.
(2)
Agricultural processors: farmers who choose to process their agricultural products for prepackaged sale (i.e., milk, cheese, oils, vinegars, meats, poultry, eggs, honey, soap and herbal preparations).
(3)
Food processors: sale of fresh food products which have been personally prepared (i.e., juice, baked goods, jams, etc.).
(4)
Resellers: individuals who purchase produce from local farmers and then resell directly to the customer.
(5)
Crafters: individuals who create craft objects made with their own hands and imagination from "raw" materials (i.e., wax, clay, wood, metal, leather, etc.).
B.
The hours of operation, parking, dimensional requirements, signage, lighting, etc. shall be evaluated as a part of the special land use request.
§ 530-64 Automobile filling stations, repair garages, service stations and dealerships.
Automobile filling stations, repair garages, service stations, and dealerships shall comply with the following conditions:
A.
The curb cuts for ingress to and egress from a filling or service station are not permitted at such locations as will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be not less than 30 feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts. No more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than 10 feet to any corner or exterior lot line. No driveway shall be located nearer than 30 feet to any other driveway serving the site.
B.
The minimum lot area shall be 10,000 square feet, so arranged that ample space is available for motor vehicles which are required to wait.
C.
The minimum dimension of any lot line adjacent to a public right-of-way shall be 140 feet.
D.
Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.
E.
All activities related to automobile service and repair equipment shall be entirely enclosed within a building located not less than 40 feet from any street lot line, and not less than 10 feet from any side lot line.
F.
Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.
G.
Inoperative or unlicensed vehicles shall not be stored outside for more than seven days. Such storage shall not occur in front of the building front line.
H.
Automobile sales shall not be permitted on the premises of any automobile filling station, repair garage, service station, and automobile wash.
I.
All coverings of the service or filling station gasoline pumps shall be no taller than the principal structure and constructed of compatible materials. Such canopies shall not be lit internally for signage purposes. All proposed lighting shall be fully recessed.
J.
Gasoline pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles do not park upon or overhang any public sidewalk, street or right-of-way while waiting for or receiving fuel service.
K.
A filling or service station shall have no more than eight gasoline pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two gasoline pumps and/or one enclosed stall may be included for each additional 2,000 square feet of lot area above the minimum area set forth in Subsection B.
L.
Where the filling or service station site abuts any residentially zoned district, the requirements for protective screening shall be provided as specified in § 530-117. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.
M.
All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.
N.
All combustible waste and rubbish, including crankcase drainings, shall be kept in metal receptacles fitted with a tight cover until removed from the premises. Sawdust shall not be kept in any gasoline service station or place of storage therein, and sawdust or other combustible material shall not be used to absorb oil, grease or gasoline.
§ 530-65 Automobile washes or car wash establishments.
A.
Coin-operated/self-service establishments.
(1)
All buildings shall have a front yard setback of not less than 30 feet.
(2)
All washing facilities shall be within an enclosed shelter.
(3)
Vacuuming and drying areas may be located outside the building, but shall not be closer than 15 feet to any residential district.
(4)
All cars required to wait for access to the facilities shall be provided space off the street right-of-way.
(5)
Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.
(6)
A five foot completely obscuring masonry wall shall be provided where abutting a residential district.
B.
Full service establishments.
(1)
All buildings shall have a front yard setback of not less than 60 feet.
(2)
All washing facilities shall be within a completely enclosed building.
(3)
Vacuuming and drying areas may be located outside the building but shall not be closer than 25 feet to any residential district.
(4)
All cars required to wait for access to the facilities shall be provided space off the street right-of-way.
(5)
Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.
(6)
A five-foot completely obscuring masonry wall shall be provided where abutting a residential district.
§ 530-66 Bed-and-breakfast accommodations.
A.
Bed-and-breakfast establishments must be located on no less than two acres.
B.
Each premises must be occupied and operated by its owner.
C.
The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting or traffic.
D.
The total number of sleeping rooms is limited to six rooms. No bed-and-breakfast sleeping room shall be permitted that does not comply with the State Construction Code.
E.
There shall be no separate cooking facilities used for a bed-and-breakfast stay.
F.
Bed-and-breakfast bedrooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant.
G.
The stay of bed-and-breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.
H.
The operator of each facility shall keep a list of the names of all persons staying at the bed-and-breakfast. The list shall be available for inspection by the Zoning Administrator.
I.
One bathroom for every three sleeping rooms shall be provided, with a minimum of two bathrooms.
J.
Every bed-and-breakfast bedroom shall contain a functional smoke detector, and an approved fire extinguisher shall be located on each floor on which such sleeping room is located.
L.
One off-street parking space shall be provided in the interior side yard or rear yard area for each bed-and-breakfast bedroom. The Planning Commission may increase or decrease required parking in order to meet the purposes of this section and protect the public health and safety.
M.
All Wayne County Environmental Health Department regulations must be complied with. Prior to beginning operation, the proprietor must provide proof from the Environmental Health Department that on-site disposal facilities are adequate.
§ 530-67 Cemeteries.
A.
Any building in connection with the cemetery and the premises shall be designed, constructed and landscaped according to a comprehensive and approved plan.
B.
The use shall be in harmony with the general character of the district.
C.
No buildings or structures, containing bodies or remains (other than subterranean graves), shall be located nearer than 200 feet to the property line.
§ 530-68 Churches and houses of worship.
A.
All ingress and egress from said site shall be directly onto a major or secondary thoroughfare as shown on the Master Right-of-Way Plan of the Wayne County Department of Public Services.
§ 530-69 Colleges, universities, and technical training institutions.
All colleges, universities, technical training and other such institutions of higher learning, or specialized training, public and private, offering courses in general, technical or religious education, all subject to the following conditions:
A.
Any use permitted herein shall be developed only on sites of at least 10 acres in area.
B.
All ingress and egress from said site shall be directly onto a major or secondary thoroughfare as shown on the Master Right-of-Way Plan of the Wayne County Department of Public Services.
C.
No building other than a structure for residential purposes shall be closer than 50 feet to any property lines.
§ 530-70 Commercial and recreational vehicles storage facilities.
A.
The minimum area shall be one acre.
B.
The storage area shall be enclosed with a six-foot chain-link fence.
C.
The storage area shall be enclosed with additional screening as outlined in § 530-117 when adjacent to a residential district.
D.
The storage area surface shall be constructed of six inches of well compacted subgrade with gravel or paved finish surface.
E.
The storage area surface shall be graded and drained so as not to allow water to collect or pool.
F.
All stored vehicles shall be licensed annually and kept in good repair.
G.
Recreational vehicles and equipment, parked or stored, shall not have fixed connections to electrical, water, gas or sanitary facilities, and shall at no time be used for living or housekeeping purposes.
§ 530-71 Community waste treatment facilities.
Community wastewater systems shall require a conditional use permit from the Township Board in accordance with the procedures and standards set forth in § 530-11, Special land use. Community wastewater utility system shall be strictly prohibited in areas of the Township served by public sanitary sewers unless it is determined, in the sole discretion of the Township Board, the proposed project to be served by the system provides a recognizable and material benefit to the community and/or provides long-term protection of natural resources and environmental features. In addition to the requirements established by the Township, the State of Michigan and/or Wayne County, the following site development and use requirements shall apply:
B.
All operations shall be completely enclosed by a fence not less than six feet high.
C.
All operations and structures shall be surrounded on all sides by a setback of at least 200 feet in width from the nearest dwelling located within a development project served by a community wastewater system and at least 200 feet from a property line shared with an adjacent property. Landscape buffering in accordance with § 530-117 shall be placed to minimize the appearance of the installation and to help confine the odors therein. The Township Planning Commission and Township Board shall have the authority to review the design and treatment of all buffer strips.
D.
The point of discharge of a community wastewater utility system shall be located a minimum of:
E.
A community wastewater utility system should be restricted to a single development project and shall not provide service to other properties and/or development projects.
§ 530-72 Container warehouse facilities.
Container warehouse facilities are permitted as a special land use in the I-2 District, and shall be subject to the following requirements and conditions of this section:
A.
No activity other than the storage of containers (i.e., PODS®) shall be allowed. No commercial, wholesale, retail, industrial or other business use on, or operated from, the facility shall be allowed.
B.
The storage of any toxic, explosive, corrosive, flammable or hazardous material is prohibited inside the container units.
C.
All batteries shall be disconnected from motor vehicles, boats, lawn mowers or similar property to be stored inside a container unit.
D.
All storage shall be contained within a building.
E.
The exterior design of the building is subject to Planning Commission review and approval, and must be compatible with adjacent properties and the rural character of Huron Township. When a building is adjacent to a zoning district that permits a residential use, or the adjacent property is currently in residential use, the Planning Commission may consider the use of a building material that is aesthetically compatible.
F.
One space shall be provided on-site for every peak-hour employee.
G.
Direct ingress and egress shall be from a paved public road.
§ 530-73 Drive-through facilities.
All drive-through windows for facilities, including but not limited to restaurants, banks, etc., are restricted to the side or rear elevations of all structures that provide drive-through services. The following shall also apply:
A.
A setback of at least 60 feet shall be maintained from an existing or proposed right-of-way.
B.
Ingress and egress points shall be located at least 60 feet from the intersection of any two streets measured from the road right-of-way lines.
C.
A five-foot-high completely obscuring wall, fence, berm, landscaping, or combination thereof, compatible with the surrounding area shall be provided where abutting districts are zoned residential.
§ 530-74 Extracting, removing, filling, depositing and dumping operations.
A.
Intent and purpose. It is the intent and purpose of this section to promote the underlying spirit and intent of the entire Zoning Ordinance, but at the same time allow for the extraction, removing, filling, depositing and dumping of minerals in locations where they have been naturally deposited, and to insure that activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public or private services and facilities affected by the land use, and, to insure that activities are consistent with the public health, safety and welfare of the Township.
B.
Use restriction. Extraction, removal, filling, depositing and dumping operations may be considered as a special land use in the AG and I-2 Districts. These operations in the Township shall be prohibited unless first authorized by the granting of a special land use permit by the Township Planning Commission in accordance with this section and § 530-11, Special land uses. The following conditions shall apply to all such operations:[1]
(1)
No hydraulic dredging.
(2)
Containment of soil and windblown fines.
(3)
No topsoil is to leave the site without an engineer's report determining the amount of topsoil on the site and the amount needed for reclamation.
(4)
Allow access to the entire property for inspection of the operations on a yearly basis.
(5)
Allow inspection by any Township representative with 24 hours' notice to determine the validity of any complaint.
(6)
No surface watercourse may be constructed or used without the permission of the Township as part of the operation without a report from the Township's Engineering Consultant demonstrating that there will be no off-site impacts.
(7)
The Township's Engineering Consultant shall recommend a bond amount for the reclamation of the site.
(8)
Provide a detailed plan and a timetable for the reclamation/restoration of the site.
(10)
Operations shall be permitted only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and on Saturday between the hours of 7:00 a.m. and 12:00 p.m. Operations shall not be permitted on Sunday and major holidays (federal and state), except by special permit from the Zoning Board of Appeals. Major holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. (Source: United States Code, Title 5, Section 6103)
(11)
Provide a letter to the Township with specific date for the start and completion of the operations once mining operations have commenced.
(12)
No stockpiling of materials brought to the site.
(13)
There shall be not more than one entranceway from a public paved road to said lot for each 660 feet of front lot line. Said entrance shall be located not less than 500 feet from an intersection of two or more public roads.
(14)
Stockpiles of stripped topsoil shall be seeded with grass or other plant materials and shall be prevented from eroding onto other properties.
(15)
On said 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 the nuisance caused by windborne dust on adjoining lots and public roads.
(16)
Each operator shall be held responsible for all public roads, upon which trucks haul materials from the quarries, to keep these roads in a drivable condition at least equal to that which existed prior to the beginning of quarrying operations; and to keep the roads dust-free and to clean up any and all spillage of material and dirt, rock, mud and any other debris carried onto the roads by these trucks or other equipment.
(17)
Any noise, odors, smoke, fumes, or dust generated on said lot by any digging, excavating, loading or processing operation and borne or able to be borne by the wind shall be confined within the lines of said lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.
(18)
Such activities 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, or of any existing body of water located within the premises.
(19)
Such activities shall not be conducted as to cause or threaten to cause the erosion by water of any land outside the lot or of any land on the lot so that earth materials are carried outside of the lines of the lot. Such activities shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property. In the event that such activities shall cease to be conducted, it shall be the continuing responsibility of the owner(s) and the operator(s) thereof to assure that no erosion or alteration of drainage patterns shall take place after the date of the cessation of operation as specified in this subsection.
(20)
All fixed equipment and machinery shall be located at least 160 feet from any lot line and 500 feet from any zoning district that permits residential dwellings or that is currently used in a residential manner. In the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to a residential classification 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 160 feet from any lot line adjacent to the residential district. A fence of not less than six feet in height shall be erected around the periphery of the area being excavated. Fences shall be adequate to prevent trespass.
(21)
All areas within a quarry shall be rehabilitated progressively as they are worked out, so as to be nonhazardous. Further, these areas shall be inconspicuously blended with the general surrounding ground form, so as to appear natural.
(22)
The applicant shall submit a plan for the use of the property during extracting, removing, filling, depositing and dumping operations at the time of application for the permit. The Planning Commission shall review and approve the plan. The plan shall provide the following information:
(a)
Boundary lines of the property; dimensions and bearings of the property lines, correlated with the legal description;
(b)
Aerial photo, showing property and adjacent areas, location and outline of wooded areas, streams, marshes, and other natural features;
(c)
Existing site improvements, including but not limited to buildings, drives, wells, and drain fields;
(d)
Existing topography at contour intervals of five feet;
(e)
Extent of future operations thereof;
(f)
Location and nature of structures and stationary equipment to be located on the site during such operations;
(g)
Location and description of soil types;
(h)
An estimate of the kind and amount of material to be withdrawn from or added to the site and the expected termination date of such operations;
(i)
Description of all operations to be conducted on the premises, including but not limited to digging, sorting and washing operations, and the type, size and nature of equipment to be used with each operation;
(j)
Location and width of drives, sight distances; lane widening on public roads at intersections of same with drives;
(k)
Tree areas and other natural features to be retained;
(l)
Description of pollution and erosion control measures;
(m)
Certified statement by a qualified engineer, with supporting data and analyses, concerning expected impact on the water table and water supply wells in the vicinity of the site; and
(n)
Map showing truck routes to and from the site.
(23)
The applicant shall file a plan for restoring the site to a safe, attractive and usable condition. The plan shall be filed at the time of application for the special land use permit. The Planning Commission shall review and approve the plan. The restoration plan shall provide the following information:
(a)
Boundary lines of the property, dimensions and bearings of the property lines, correlated with the legal description;
(b)
Location and extent of all natural features to be retained during such operations;
(c)
Contour lines at intervals of five feet of the proposed, restored surface, clearly showing connection to existing undisturbed contour lines;
(d)
Schedule and areas of progressive rehabilitation;
(e)
Proposed ground cover and other plantings to stabilize the soil surface and to beautify the restored area;
(f)
Sketch plan of the proposed use of the site when restored; and
(g)
Description of methods and materials to be used in restoring the site.
(24)
The applicant shall provide a security deposit in the name of the Township, in the form and amount acceptable to the Township Planning Commission, to guarantee restoration of the site and certification of conformance by the Township Engineer.
(25)
The applicant shall provide a security deposit when required by the Township Board, to maintain and replace public roads traversed by trucks associated with the mining operation. The security shall be deposited with the Wayne County Department of Public Services (WCDPS) in the form and amount required by the WCDPS.
(26)
The Township Planning Commission shall not approve a special land use permit for any such operation until the Commission has received the plans required in this section, and until the required security deposit has been provided.
(27)
The applicant shall provide a date for completing the operation, such date to be based upon the estimated volume of material to be extracted and/or added and an average annual extraction/filling rate. The special use permit shall expire on that date. Any extension of operations beyond that date shall require a new special land use permit, which shall be applied for and processed as provided in this chapter.
(28)
Travel routes for trucks entering and leaving the pit shall be shown on a map of the Township at the time of application for the special use permit. Such routes except arterial streets or their equivalents shall not pass through residential areas.
(29)
Only equipment owned or leased by the operator and used in the operations of the facility shall be stored overnight or for longer periods anywhere on the premises. Storage of any other equipment on the premises shall be prohibited.
(30)
Potable water supply and sanitary sewage disposal systems shall be approved by the County Health Department before a special use permit is issued.
(31)
Concrete, cement or asphalt production shall not be allowed as part of the operations.
C.
Exemption. Usual and customary land balancing by cutting and filling, in preparation for immediately planned and approved development in accordance with this and all other applicable ordinances and law, shall be exempted from the provisions of this section. The following are examples of such exemptions:
(1)
For the regrading, moving, or leveling of earth or rock materials by a property owner solely upon his property. If more than one acre of land is disturbed, a soil erosion permit may be required from the county.
(2)
The filling of land where it is low or is in need of fill to make the land buildable as long as the fill used does not contain any refuse and is in an area of less than two acres in size and as long as it does not affect the drainage of adjoining properties.
(3)
For the excavation and removal of soil from an industrial and/or commercial site if the soil to be removed is the result of construction of a building, structure, or facility for which a site plan and building permit has been approved by the Township.
(4)
For the installation of public utilities or public roads.
D.
Application. An application shall be filed with the Zoning Administrator and shall include the following:
(2)
Vertical aerial photograph, enlarged to a scale of one inch equals 200 feet, from original photograph flown at a negative scale no smaller than one inch equals 660 feet. The date of the aerial photograph shall be certified, and shall have been flown at such time when the foliage shall be off of on-site trees; provided, if there are changes in the topography from the date of the photograph, an accompanying text shall be provided explaining each change. The vertical photograph shall cover:
(a)
All land anticipated to be mined in the application, together with adjoining land owned by the applicant.
(b)
All contiguous land, which is or has been used by the owner or leasehold applicant for mineral extraction and processing and storage, and all contiguous (land) in which the applicant or any affiliate has a current interest.
(c)
All lands within 1/2 mile of the proposed mining area.
(d)
All private and public roads from which access to the property may be immediately gained.
(e)
Boundary of the entire planned extracting, filling, removing, filling, depositing and dumping area by courses and distance.
(f)
Site topography and natural features, including location of watercourses within the planned mining area.
(g)
Means of vehicular access to the proposed operation.
(3)
Duration of proposed operation, and location, timing, and any other relevant details with respect to the phasing and progression of work on the site;
(4)
Land use study/drawing showing the existing land uses with specification of type of use, e.g., single-family residential, multiple-family residential, retail, office, etc., and density of individual units in areas shown, including:
(5)
Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:
(a)
Level of water table throughout the proposed mining areas;
(b)
Opinion as to each and every effect on the water table and private wells and property owners within the reasonably anticipated area of impact during and subsequent to the operation;
(c)
All qualitative and quantitative aspects of surface water, groundwater, and watershed anticipated to be impacted during and subsequent to the operation to the geographical extent reasonably expected to be affected; and
(d)
Opinion whether the exposure of subterranean waters and the impoundment of surface waters, where permitted, will establish a suitable water level at the level or levels proposed as part of the operation, and whether the same will not interfere with the existing subterranean water or cause any harm or impairment to the general public.
(6)
Description of the vehicles, machinery and equipment proposed for use on the property, specifying with respect to each, and the anticipated noise and vibration levels.
E.
Review procedure.
(1)
The Township Clerk shall retain the original application for the file, and forward the copies to the members of the Planning Commission, the Township's Engineering and Planning consultants, the Wayne County Department of Public Services and soil erosion control authority.
(2)
The Township Engineer and the Township Planner shall each file a report with the Zoning Administrator, together with a recommendation on the need for additional experts. The Zoning Administrator shall retain the original of these reports for the file and forward copies to the Planning Commission.
(3)
The Zoning Administrator shall request a report from the Wayne County Department of Public Services regarding traffic safety relevant to the application and any road improvements deemed appropriate to protect the public health, safety and welfare.
(4)
After receiving all reports, including any additional reports of experts recommended by the Township Engineer and/or Planner, if deemed appropriate, the Planning Commission shall consider the application in accordance with the procedures set forth in § 530-11, Special land uses.
(5)
Reasonable conditions may be required with the approval of the application for the special land use, to insure that public or private services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall be reasonable and shall be in compliance with applicable law.
F.
Requirements and standards. The determination on applications submitted under this section shall be based upon the following requirements and standards, as determined in the discretion of the Planning Commission, and if the application is approved, the applicant shall maintain such standards and requirements as a condition to continued operation and use:
(1)
Demonstration by the applicant that the proposed special land use shall not result in a probable impairment, pollution, or destruction of the air, water, natural resources, and public trust therein.
(2)
Demonstration by the applicant that the proposed special land use shall not result in a probable impairment to the water table or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation.
(3)
Demonstration by the applicant that the proposed special land use shall not create a probable impairment of and/or unreasonable alteration in the course, quantity, and quality of surface water, groundwater, and/or the watershed anticipated to be impacted by the operation.
(4)
Taking into consideration the duration and size of the operation, viewed within the context of the surrounding land uses in existence, or reasonably anticipated to be in existence during the operation, the proposed special land use shall not be incompatible with such surrounding uses, based upon an application of generally accepted planning standards and principles.
(5)
The proposed special land use shall not unreasonably burden the capacity of public or private services and facilities.
(6)
The proposed special land use shall have immediate and direct access to a paved public road having a planned right-of-way not less than 120 feet and having necessary and appropriate load-bearing and traffic volume capacity in relation to the proposed intensity of the use.
(7)
The proposed special land use shall not unreasonably impact upon surrounding property and/or property along haul routes, in terms of noise, dust, air, water, odor, light, and/or vibration, and further, shall not unreasonably impact upon persons perceiving the operation in terms of aesthetics.
(8)
All activities conducted in connection with the operation shall occur at least 160 feet from the nearest property line; provided, all processing and stockpiling shall be conducted at least 260 feet from the center of the nearest street and 200 feet from the nearest property line and 300 feet from a zoning district which permits residential uses or land is in residential use.
(9)
The hours of operation shall not reasonably interfere with usual and customary uses of land within the surrounding area anticipated to be impacted. Hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, and on Saturday between the hours of 7:00 a.m. and 12:00 p.m. Operations shall not be permitted on Sunday and major holidays (federal and state), except by special permit from the Zoning Board of Appeals. Major holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. For further information, refer to the United State Code, Title 5, Section 6103.
(10)
Taking into consideration that the Township is conditionally authorizing this special land use in residential districts and areas used for residential purposes, and that this special land use is, to some extent, inharmonious with child rearing and other residentially related activities, and as an attempt to legislate a balance of interests between the mineral mine user and the owners and/or the occupants of residential property, the maximum duration of the proposed special land use, if conducted in or immediately adjacent to a residential zoning district, shall be 10 years.
(11)
The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels in a manner which meets the maximum requirements of this chapter.
(12)
The total area (or areas) being mined, and which has (or have) not been reclaimed, shall at no time exceed the lesser of 75 acres and 40% of the entire parcel approved as a special land use.
(13)
The activities of the proposed special land use shall not result in a demand for local services and/or facilities that are or become unavailable, including, without limitation, road and/or drainage facilities, maintenance and repair.
(14)
The proposed transportation route or routes within the Township shall be as direct and minimal in detrimental impact as reasonably possible, as determined at the discretion of the Planning Commission at the time of application and thereafter.
G.
Reclamation. Reclamation of the site shall be in accordance with a reclamation plan approved by the Planning Commission as part of the application review process. There shall be no final slopes having a grade in excess of a minimum ratio of one foot vertical to five feet horizontal, and, for permanent water areas, for a distance of not less than 10 feet nor more than 50 feet, the submerged slopes shall be graded from the water's edge at a grade not in excess of a minimum ratio of one foot vertical to seven feet horizontal; the entire site shall be planted with sufficient vegetation so as to sustain short- and long-term growth, in order to avoid erosion and washout and, to the extent necessary to achieve this objective, suitable soils shall be placed on the property; and all structures, machinery, equipment and improvements shall be removed from the site unless, following approval of the Planning Commission, the same are deemed consistent with the zoning district in which the site is situated. The Planning Commission or Township Board shall have the right to impose performance bonds to insure that the reclamation and restoration plans as submitted are implemented.
§ 530-75 Funeral homes and mortuaries.
The purpose of regulating a funeral home or mortuary is to assure adequate off-street parking and staging room for cars lined up for the funeral procession plus compatibility in the area. A funeral home is permitted subject to the following conditions:
A.
The funeral home shall be a licensed facility by the State of Michigan.
B.
A funeral home may contain a dwelling unit for the owner.
D.
The lot area shall be adequate to accommodate an off-street assembly area for a funeral procession in addition to any required off-street parking area.
E.
The site shall be 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 for the site shall be directly onto said major thoroughfare, or a marginal access service drive thereof.
F.
Points of ingress and egress for the site shall be so laid out as to minimize possible conflicts between traffic on adjacent major thoroughfares, and funeral processions or visitors entering or leaving the site.
G.
No building shall be located closer than 50 feet to the outer perimeter (property line) of the district when said property line abuts any residential district.
H.
Loading and unloading area used by ambulance, hearse, or other such service vehicles shall be obscured from all residential view with a solid wall, fence, berm, landscaping, or combination thereof, six feet in height.
§ 530-76 General, building and landscape contractor's offices and yards.
A.
A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage. Storage of all motorized equipment shall be on a paved surface.
B.
Storage shall not be located within the required front yard. Stored materials shall not be located in any required parking or loading space(s). Storage of any kind shall not interfere with ingress and egress of fire and emergency vehicles and apparatus.
C.
Open storage of building materials, sand, gravel, stone, lumber, open storage or construction contractor's equipment and supplies, provided such are enclosed within an obscuring wall on those sides abutting any residential district and on any front yard abutting a public thoroughfare. Storage shall be screened from the view of a public street and adjacent properties in accordance with the requirements of § 530-117.
D.
The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including a description of materials, height, and typical elevation of the enclosure, shall be provided as part of the information submitted under § 530-12, Site plan review.
E.
The loading and unloading of equipment shall be conducted entirely within the site and shall not be permitted within a public right-of-way.
§ 530-77 General hospitals and mental health facilities.
A.
All such hospitals shall be developed only on sites of at least five acres in area.
B.
The proposed site shall have at least one property line abutting a major thoroughfare of at least 120 feet in right-of-way as indicated on the current Master Right-of-Way Plan of the Wayne County Department of Public Services. At least two ingress routes shall be provided for the facility.
C.
The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 50 feet for front, rear and side yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by at least 20 feet.
D.
Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence six feet in height. Ingress and egress to the site shall be directly from a major thoroughfare.
E.
All ingress and egress to the off-street parking area for guests, employees, staff or other users of the facility shall be directly from a major thoroughfare.
§ 530-78 Golf courses.
Golf courses and country clubs, including accessory uses, including but not limited to clubhouses, driving ranges, pro shops, maintenance buildings, tennis courts, swimming pools, restaurants, caretaker residence, and other similar facilities, shall be subject to the following conditions:
A.
Minimum site area shall be 40 acres.
B.
The location of structures, including but not limited to the clubhouse and accessory buildings, and their operations shall be reviewed by the Planning Commission to insure minimum disruption of the adjacent properties, and as much distance as is practicable shall be provided between golf course structures and activities and abutting residential properties. In no case shall any structure be located any closer than 100 feet from adjacent residentially zoned or used property.
C.
All storage, service and maintenance areas when visible from adjoining residentially zoned land or land presently used for residential purposes shall be screened from view according to § 530-117.
D.
All proposed outdoor lighting and sound systems shall be reviewed by the Planning Commission to ensure that they do not have an impact on adjacent land uses. In no case shall such speakers or lights be directed towards land currently zoned or used for residential purposes.
E.
The caretaker's residence must meet the minimum requirements of the district that the golf course is located in.
F.
Direct ingress and egress shall be from a paved public road.
§ 530-79 Gun clubs, firing and archery ranges.
A.
Enclosed within a building:
(1)
A minimum lot area of not less than 10 acres shall be maintained, unless the Planning Commission permits a smaller area.
(2)
The structure for the completely enclosed firing and archery range shall be bulletproof.
(3)
This structure shall be not less than 500 feet from any residential use or district, or highway right-of-way.
(4)
Adequate paved parking is maintained.
(5)
A license for such a range be obtained from the Township Board.
(6)
Adequate public liability and property damage insurance for injuries arising from the operation of the range shall be maintained.
(7)
An annual fee as determined by the Township Board shall be paid to the Township for range inspection by the Police Department.
(8)
There shall be continuous supervision by a responsible person when such range is in operation.
B.
Outdoor.
(1)
A minimum lot area of not less than 40 acres shall be maintained, unless the Planning Commission permits a smaller area.
(2)
The gun firing lines of the range shall be not less than 5,000 feet in length from the firing point, and shall be at least 1/4 mile from the nearest residential use district in any direction from the firing point.
(3)
The shooters shall fire in a northerly direction at all times, away from any traveled highways.
(4)
Shooters shall fire into a thirty-foot-high hill or suitable backstop to be approved by the Zoning Administrator and Police Department.
(5)
A six-foot chain-link fence shall be provided and maintained to prevent persons from moving into the area and firing line.
(6)
A license for such range shall be obtained from the Township Board.
(7)
Adequate public liability and property damage insurance for injuries arising from the operation of the range shall be maintained.
(8)
An annual fee as determined by the Township Board shall be paid to the Township for range inspection by the Police Department.
(9)
There shall be continuous supervision by a responsible person when such range is in operation.
§ 530-80 Housing for the elderly; nursing homes/convalescent centers.
A.
Housing for the elderly shall comply with the following conditions:
(1)
All housing for the elderly shall provide for the following:
(a)
Independent living for the elderly. Dwellings may be provided for as one-family detached, two-family or multiple-family units. The minimum site area requirements for purpose of calculating density shall be as follows:
Dwelling Unit Size | Site Area/Unit (square feet) | |
|---|---|---|
Efficiency/1 bedroom | 2,000 | |
2 bedroom | 4,000 | |
Each additional bedroom | 500 |
(b)
Assisted living for the elderly. Where such facilities contain individual dwelling units with kitchen facilities, the density requirements set forth in Footnote (d) of the Schedule of Area, Height and Placement Regulations (§ 530-39), shall apply. Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be 200 square feet.
(c)
Both independent and assisted-living facilities shall be contained within a building which does not exceed 250 feet in overall length, measured along the front line of connecting units, inclusive of any architectural features which are attached to or connect the parts of the building together. The Planning Commission may permit buildings of greater length when it can be demonstrated that architectural design and natural and topographic features ensure that the building is in scale with the site and surrounding areas.
(d)
Building setbacks shall comply with the following:
[1]
Perimeter setbacks shall be no less than 75 feet from the front property line and 50 feet from all other property lines.
[3]
Internal setbacks for one- and two-family dwellings not located on an individual lot shall be as follows:
Multiple-Family (feet) | One- or Two-Family (feet) | ||
|---|---|---|---|
Internal drives/streets | 25 | 25 | |
Side/side orientation | 30 | 20 | |
Side/front, side/rear | 30 | 35 | |
Front/front, front/rear, rear/rear | 50 | 50 |
(e)
Minimum floor area. Each dwelling unit shall comply with the following minimum floor area requirements, excluding basements:
Floor Area | |||
|---|---|---|---|
Dwelling Type | Assisted Living Unit (square feet) | Independent Living Unit (square feet) | |
Efficiency | 400 | 500 | |
1 bedroom | 550 | 650 | |
2 bedroom | 700 | 800 | |
Additional bedroom | 150 per | 150 per | |
(f)
Building height. The maximum height of a building is two stories or 35 feet in all zoning districts except the CBD Central Business District, which by right may be three stories tall. In the remaining zoning districts, the Planning Commission may, at its discretion, permit up to three stories only if the following conditions are met:
[1]
The site contains significant natural resources, including but not limited to slopes or wetlands.
[2]
No increase in density shall be allowed.
[3]
Approval by the Fire Department is required.
[4]
An increased front, rear and side yard setback distance and spacing requirements between buildings. The extent of increase, if any, for each setback measurement shall be established as part of the approval of the Planning Commission.
[5]
In no event shall the maximum height of any such building exceed 45 feet as calculated in accordance with the terms of this chapter.
(g)
Open space/recreation. Open space and recreation shall be provided in accordance with the following requirements:
(h)
Accessory uses. Support uses offered solely to residents may be permitted, provided they are contained within the principal building and are strictly accessory to the principal use as an elderly residential facility. Such support may include: congregate dining; health care; personal services; and social, recreational, and educational facilities and programs.
B.
Nursing homes and convalescent centers shall comply with the following conditions:
(1)
Minimum lot size shall be based upon no less than 2,000 square feet per bed.
(2)
The site shall be so developed as to create a land-to-building ratio on the lot or parcel whereby for each bed in the nursing homes/convalescent centers there shall be provided not less than 1,500 square feet of open space. Such space shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements, employee facilities and any space required for accessory uses. The one-thousand-five-hundred square foot requirement is over and above the building coverage area requirement.
(3)
No building shall be closer than 40 feet from a property line.
(4)
The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare, or primary thoroughfare. More than one point of vehicle ingress and egress shall be provided directly from said thoroughfare.
(5)
Area for access of emergency vehicles shall be provided for each primary building entrance.
§ 530-81 Industrial or commercial waste lagoon ponds.
A.
In no instance shall a waste lagoon pond be closer than 500 feet to an existing or proposed street right-of-way or abutting residential district.
B.
An eight-foot wall or fence shall be erected around the entire site and control gates shall be installed. In addition, an earth embankment in the form of a berm with a minimum height of eight feet may be required at the discretion of the Planning Commission.
C.
All such ponds shall also comply with all applicable state and county regulations.
§ 530-82 Industrial park standards.
A.
The minimum parcel size for the industrial park as a whole shall be 20 acres while the minimum lot size within an industrial park shall be two acres.
B.
Outside storage.
(1)
The outside storage of materials, supplies, vehicles, equipment or similar items is allowed only when such storage is specifically shown on the site plan as approved by the Planning Commission.
(2)
Outside storage shall be limited to the rear yard area.
(3)
Outside storage areas shall be completely fenced with a chain-link fence at least eight feet high.
(4)
Outside storage areas shall be screened from view of all roadways. This screening shall be a wall, fence, berm, landscaping or combination thereof.
C.
Off-street parking.
(1)
No parking area or driveway shall be closer than 20 feet to the adjacent property line. However, if the parcel in question abuts a residentially used or zoned parcel, then no parking area or driveway shall be closer than 50 feet to the adjacent property line.
(2)
The off-street parking areas and access driveways shall be screened from view from any adjoining residential property. Such screening shall consist of earth berms, permanent walls or evergreen landscaping, subject to approval of the Planning Commission.
D.
Internal roadway. The internal roadway shall not be closer than 100 feet to an adjacent property line.
E.
Loading and unloading.
§ 530-83 Incineration of any refuse, industrial, hazardous or other waste.
Incineration of any refuse, industrial, hazardous or other waste when conducted within an approved and enclosed incinerator plant, subject to the following conditions:
A.
Any incinerator facility (incinerator, storage area and receiving area) shall be at least 1,000 feet from the perimeter of the parcel. Any nonhazardous waste incinerator facility with a capacity of 1,000 pounds per hour, or less, shall be exempt from these setback requirements, except for items in Subsections B and C below. Industrial buildings for other uses may be allowed in the one-thousand-foot buffer when part of a cooperative energy recovery development and nonhazardous waste incinerator.
B.
Any other structure, building or materials, other than the incinerator, receiving area, and waste storage shall be set back a minimum of 100 feet from all abutting property lines, streets, and railroad rights-of-way; however, any structure or building higher than 40 feet shall be set back an additional one foot in height in excess of the minimum one-hundred-foot setback, but in no instance shall this distance be less than 500 feet. All stack heights shall follow U.S. Environmental Protection Agency guidance for Good Engineering Practice (EPA 450/2-78-046) and demonstrations shall be provided that ground-level concentrations (GLCs) at the property line shall not cause a nuisance or community air pollution impact.
C.
The entire site shall be surrounded by a planted and maintained greenbelt conforming to § 530-117.
D.
All uses permitted in this subsection shall be subject to the provisions of Act 451 of the Public Acts of 1994, specifically MCLA § 324.11101 et seq., Hazardous Waste Management, and MCLA § 324.11501 et seq., Solid Waste Management.[1]
E.
All residues resulting from the operation of an incinerator shall be removed from the site of the incinerator and disposed of in an approved disposal site.
F.
Any request for approval of a hazardous waste incinerator shall include an operations and maintenance plan in graphic and text form describing the method and practices to be followed in the actual day-to-day operation of the incinerator. Data necessary to be submitted and included as a part of the operational plan include the following:
(1)
A complete environmental impact report prepared pursuant to the specifications of the Michigan Environmental Protection Act, Act 451 of 1994, MCLA § 324.1701 et seq. This shall also include a review of alternative sites. This plan shall be supplemented by a detailed analysis of impacts from noise, vibration, odor, visual impairment and air pollutants past the property line and in the surrounding communities.[2]
(4)
A market analysis report indicating the economic feasibility of the proposed use.
(5)
A site operational plan describing the methodology of transfer of wastes from vehicles to the incineration point, methods of mitigating hazardous waste spills and accidents, staffing expectations, hours of operation, and methods for closing and removal of the buildings, structures, and facilities should the incinerator cease operation for a period exceeding six months.
G.
Paved access with curbing that will retain rainfall and potential spills shall be available to each site, and each site shall abut a paved major thoroughfare proposed to be at least 120 feet in right-of-way.
H.
All storage drums, or material to be incinerated, other than that stored in large holding tanks, shall be stored within a totally enclosed building(s). In addition, loaded tank trucks shall be parked only within a diked area which shall be at least 1 1/2 times the volume of the amount to be stored, and shall not include the access road(s).
I.
There shall be no unlicensed or nonmanifested carriers on the site at any time.
J.
All facilities for rail tank cars or other rail container cars shall be provided with storage facilities under the storage rails to assure that any spillage shall be contained until removal to the approved storage area. Said storage shall be at least 1 1/2 times the volume of the amount to be stored.
K.
Security methods including fencing for the incinerator facility shall be submitted with the required site plan.
L.
Fire and explosive hazard control shall be outlined and submitted with the required site plan.
M.
Methods of controlling and avoiding any spillage of liquids or materials into the storm sewer system or off the property shall be outlined for all operational areas, including access.
N.
The storage capacity of the material to be incinerated on the site shall not exceed 20 days at the rated capacity of the plant. Residue storage shall not exceed 120 cubic yards at any time, and shall be stored inside on a contained concrete or superior surface.
O.
The site for the disposal facility shall be at least 1,000 feet from any existing or proposed overhead utility lines.
P.
Facilities shall be provided for washing all carriers and containers prior to departure from the disposal site. An approved method shall be provided to store used liquids used for washing until movement to the approved disposal site.
§ 530-84 Intensive livestock operations.
New livestock production facilities must follow and be in conformance with all generally accepted agricultural and management practices (GAAMPs) for site selection and odor control for new and expanding livestock production facilities.
§ 530-85 Kennels (commercial).
Commercial kennels include any establishment wherein or whereon three or more dogs, cats or other domestic animals are confined and kept for sale, boarding, breeding or training purposes, for remuneration. The purpose of regulating kennels is to maintain adequate health standards, and to protect the general public:
B.
A minimum lot area shall be provided of not less than 10 acres, with a minimum lot width of not less than 500 feet.
C.
A kennel shall provide an area of not less than 1/4 acre for each animal boarded and cared for as part of such kennel facilities, but shall not be less than Subsection B above.
D.
All buildings, pens and runways, for housing or keeping of such animals, shall not be less than 150 feet from any adjacent property line.
E.
Pens and runways shall be screened from view from the road, either by the building or a greenbelt of plantings in accordance with § 530-117.
F.
All yard space used for pen areas shall be fenced with woven wire or other approved fence material except barbed wire, which shall not be acceptable as sole fence material, and said fence shall not be less than five feet in height. Such fence shall be maintained in good condition.
G.
Adequate sanitary facilities shall be provided for the cleaning of the kennels, and the burning of any waste or refuse shall be prohibited.
H.
Any permit, after being issued by the Planning Commission for such use, shall terminate immediately when the lot area requirements herein set forth are decreased in any manner.
§ 530-86 Kennels (private).
Private kennels include any building and/or land used for the temporary or permanent boarding, breeding, training or care of dogs or cats or other domestic animals belonging to the owner for the purposes of show, hunting or as pets, and subject to the following:
A.
The lot or parcel shall be adequate in size to provide a distance of not less than 150 feet to any dwelling and 20 feet to a side or rear lot line, from any cage or pen housing the animals.
B.
The boarding, breeding, training or care of such animals shall be incidental to the principal use of the premises and shall not be for purposes of remuneration or sale.
C.
Adequate sanitary facilities shall be provided for the cleaning of the kennels, and the burning of any waste or refuse shall be prohibited.
§ 530-87 Large-scale retail facilities.
These provisions are intended to regulate retail establishments of greater than 30,000 square feet of floor area, whether located as an individual use on a single site or as part of a shopping center with a grouping of attached and/or detached buildings. While it is recognized that large-scale retail establishments may provide goods and services to Township residents, such stores are primarily focused on attracting consumers from a market area larger than the Township. Therefore, specific standards are required to ensure that large-scale retail stores can be adequately served by and do not create an inordinate impact upon roads, utilities, storm drainage and police and fire services and are subject to the following conditions:
A.
Building design standards.
(1)
Facades and exterior walls:
(a)
Facades greater than 100 feet in length, measured horizontally, shall incorporate projections or recesses extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
(b)
Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 50% of their horizontal length.
(c)
Building facades must include a repeating pattern that includes no less than two of the following elements:
(2)
Roofs. Roofs shall have no less than two of the following features:
(a)
Parapets concealing flat roofs and rooftop equipment, including but not limited to HVAC units from public view are required. Parapets shall not exceed 1/3 of the height of the supporting wall at any point. Such parapets shall feature three-dimensional cornice treatment;
(b)
Overhanging eaves, extending no less than three feet past the supporting walls;
(c)
Sloping roofs with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run; and
(d)
Three or more roof slope planes.
(3)
Materials and colors.
(a)
Predominant exterior building materials shall be high-quality material, including but not limited to brick, stone, and integrally tinted/textured concrete masonry units.
(b)
Facade colors shall be low reflectance, subtle, neutral or earth-tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
(c)
Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
(d)
Exterior building materials shall provide texture to at least 50% of the facade and shall not be completely made up of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
(4)
Entryways. Each principal building on a site shall have clearly defined, highly visible customer entrances.
B.
Site design standards.
(1)
Parking lot location. No more than 50% of the off-street parking area devoted to the large-scale retail establishment shall be located between the front facade of the principal building and the abutting streets.
(2)
Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at drive crossings should be installed where possible to better define pedestrian crosswalks.
(3)
Pedestrian circulation.
(a)
Internal pedestrian walkways, no less than six feet in width, shall be provided connecting the public sidewalk to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity, including but not limited to transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50% of the length of the walkway.
(b)
Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least 10 feet from the facade of the building to provide planting beds for foundation landscaping, except where features, including but not limited to arcades or entryways, are part of the facade.
(c)
All internal pedestrian walkways which cross or are incorporated with vehicular driving surfaces shall be distinguished from such driving surfaces through the use of durable, low-maintenance surface materials, including but not limited to pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Surface materials used for internal pedestrian walkway shall be designed to accommodate shopping carts.
(4)
Central features and community space. Each large-scale retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Township, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
§ 530-88 Live/work units.
A.
Design and development standards. Live/work units shall be subject to the following criteria:
(1)
At the time of application approval and for the reasonable foreseeable future the commercial site and surrounding area are suitable for joint residential and commercial use.
(2)
The project is designed to provide flexible work space in conjunction with living areas that are conducive to work environment.
(3)
Residential and commercial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues on-site as well as off-site.
(4)
The project site must remain primarily in commercial use. At no time shall more than 50% of the combined floor area of buildings identified for reuse or new buildings constructed on a project site be dedicated or used for noncommercial use. All remaining floor area on a project site shall be dedicated and reserved exclusively for other commercial and uses allowable in the B-1 District.
(5)
All designated work space shall be designed to accommodate commercial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors and/or other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.
(6)
The living area of the live/work unit shall be at least 500 square feet and shall not be occupied so that each person residing therein shall have less than 200 square feet of living space.
(7)
The living area of the live/work unit shall be attached to or part of the primary building in which a business is normally operated.
B.
Integration of commercial and living space. The commercial use shall be the primary focus of the front of the building. Living space shall be physically integrated into the commercial space and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance, with the other provisions of this section.
C.
Parking requirements. Live/work units shall comply with the parking standards set forth in Article X. However, the Planning Commission may modify this requirement as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.
D.
Operating requirements.
(1)
A live/work unit shall be occupied and used only by the owner of the business within the unit and his/her immediate family.
(2)
Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial properties in the CBD District.
(3)
An ongoing business must exist to allow residential occupancy of the live/work unit. If the business ceases to operate, the special land use permit shall end and the living area must be vacated within six months of the last day of business.
(4)
The business and residential areas must be maintained separately and no business activity, inclusive of but not limited to storage of any inventory or servicing or maintenance of any product, shall be allowed in the residential area.
§ 530-89 Livestock auction yards/markets.
Those who wish to operate a livestock auction market must first obtain bonding and a livestock dealer/broker license from the Animal Industry Division, Michigan Department of Agriculture, Lansing, Michigan. The following must be provided:
§ 530-90 Manufactured housing park development standards.
A.
General site development standards.
(1)
No manufactured housing park shall be constructed within the limits of Huron Township unless the owner and/or operator hold a valid construction permit issued by the Michigan Department of Labor and Economic Growth in accordance with the provisions of Public Act 96 of 1987, as amended,[1] and a copy of said permit is given to the Township.
[1]
Editor's Note: See MCLA § 125.2301 et seq.
(2)
A permit and certificate of occupancy shall be obtained from the Building Department for each manufactured home connected to the Township water, sanitary sewer, and electrical, and the placement of the home. Skirting shall be installed within 30 days after the certificate of occupancy is issued, weather permitting.
(3)
A permit shall be obtained from the Building Department for construction of a canopy, awning, sun room, carport, or other accessory or year-round enclosure detached or attached to a manufactured home.
(4)
Fees for the above-mentioned permits shall be set by the Township Board.
(5)
Each road access point to a manufactured housing park from a county or state highway shall have prior written approval of the Wayne County Department of Public Services having jurisdiction within the Township.
(6)
It shall be the duty of the Building Inspector or assistant to personally inspect all of the development, construction, or installation of the facilities in the mobile home park for which a state permit has been issued. The Township Building Inspector is hereby granted the power and authority to enter upon the premises of any manufactured housing park at any reasonable time for the purpose herein set forth and for the purpose of enforcing any provisions of this chapter.
(7)
It shall be the duty of the owner and operator of each manufactured housing park to enforce the following regulations:
(a)
The keeping of all domestic pets shall be in compliance with Township ordinances.
(b)
The operation, maintenance and supervision of the manufactured housing park shall be by a responsible person who shall be available at all times in case of emergencies.
(c)
It shall be the duty of each manufactured housing park owner and operator to report to the Wayne County Health Inspector and Township Supervisor the existence of any known unsanitary conditions prevailing within the boundaries of the manufactured housing park.
(d)
It shall be the further duty of the manufactured housing park owner or operator, in order to safeguard against the hazards of a fire, to prohibit the parking of any manufactured home or trailer, not possessing two exits, within any manufactured housing park. One such exit may be of the emergency type, provided that it is capable of being easily operated by small children, and provided approval has been granted by the Township or State Fire Marshal.
(8)
School officials of the affected districts shall be notified of the proposed development.
B.
Lot and stand conditions.
(1)
The manufactured housing park shall be developed with sites averaging 5,500 square feet per manufactured home unit. The 5,500 square feet for any one site may be reduced by 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, but in no case shall the open and distance requirements be less than that required under Public Act 96 of 1987, as amended.[2]
[2]
Editor's Note: See MCLA § 125.2301 et seq.
(2)
For irregular-shaped manufactured home lots, the access point to the lot must be of sufficient width to accommodate the required on site parking and must be at least 20 feet.
(3)
No manufactured home shall be located closer than 50 feet to the right-of-way of a public thoroughfare, nor closer than 80 feet to a railroad right-of-way, nor closer than 10 feet to any dedicated easement or road right-of-way within a manufactured housing park.
(4)
The manufactured home foundation shall be of concrete piers, slabs or runners to be designed and constructed in conformance with the standards established in Public Act 96 of 1987, as amended.
(5)
All manufactured homes shall be anchored with only those systems which are approved by Public Act 96 of 1987, as amended.
(6)
If provided, patios and bases of storage sheds shall be constructed of four-inch-thick concrete.
C.
Accessory structures and enclosures.
(1)
Storage areas. No storage of any personal property except licensed operable motor vehicles shall be stored outside or under any manufactured home. Storage sheds may be utilized for any such storage but need not be supplied by the owner of the manufactured home development.
(2)
Canopies and awnings may be attached to any manufactured home and said accessory structures shall conform to all area, height, and placement regulations applicable to the manufactured home itself, except it may occupy a portion of the side yard, provided it is located no closer than 10 feet to another manufactured home.
(3)
Canopies and awnings may be enclosed with screens for summer recreation or sun room purposes, or they may be enclosed with glass for climatic reasons, but no enclosure shall be used for permanent living purposes.
(4)
If any permanent living area is added to a manufactured home, such addition shall conform in every way to the placement regulations of the principal structure.
(6)
There shall be no storage underneath any manufactured home of any item except for the hitch and wheels and tires of that manufactured home, and each manufactured home lot should be maintained in the manner that it was originally constructed.
D.
Roads, parking and walks.
(1)
Streets shall be provided on the site where necessary to furnish principal trafficways for convenient access to the manufactured home site, and other important facilities on the property. The street system shall provide convenient circulation by means of minor streets and properly located collector and arterial streets. Closed ends of dead-end streets shall be provided with a turnaround capability.
(2)
The roads shall be of adequate widths to accommodate the contemplated traffic load but shall not be less than 21 feet in width.
(3)
Curbing shall be required; provided, however, the Planning Commission may approve plans without curbs, where such plans show other adequate means for the control of surface drainage. Protection of the edges of the pavement and protection to the roadway shoulder shall be provided to prevent erosion along the shoulder and berm of the roadway.
(5)
Hard-surfaced off-street parking spaces shall be provided on manufactured home site in sufficient number to meet the needs of the occupants of the property and their guests, without interference with normal movement of traffic. Such facilities shall be provided as required by Public Act 96 of 1987, as amended.
(6)
For the protection of the park residents and the easy passage of fire apparatus, there shall be no parking on any road in the manufactured housing park unless they meet the standards established in Public Act 96 of 1987, as amended.
(7)
The manufactured housing park primary walk system, if provided, including walks along main drives and secondary streets shall meet requirements of Public Act 96 of 1987, as amended.
(8)
Recreational vehicle storage. The storage or parking of recreational vehicles, motor homes, boats, snowmobiles, or other vehicles or items ordinarily towed, driven or used for a special purpose, if storage or parking of such is permitted in the manufactured housing park, shall be in accordance herewith. The storage of the vehicles or items in the manufactured housing development is specifically prohibited except in the storage area. The storage area shall be screened by solid-type fence five feet in height around its perimeter or by some other similar screening device.
E.
Utilities and trash disposal.
(1)
Fire hydrants of a size and with a pressure approved by the Township of Huron Fire Department shall be placed along each street within the manufactured housing park within 10 feet of a roadway and at intervals not exceeding 500 feet so that no mobile home shall be more than 250 feet from a hydrant.
(2)
Running water from a public or a state-tested and approved water supply shall be piped to each manufactured home and shall be adequately protected from frost.
(3)
Plumbing fixtures shall be connected into a public sanitary sewer or Township-approved facilities.
(5)
Streetlights, sufficient in number and intensity to permit the safe movement of vehicles and pedestrians at night, shall be in conformance with Public Act 96 of 1987, as amended.
(6)
Garbage and rubbish shall be disposed of in a manner which creates neither a nuisance nor a menace to health and shall be approved by the State Health Department and the Township of Huron. Manufactured housing parks shall provide for removal of rubbish as required in Public Act 96 of 1987, as amended.
F.
Recreation and open space.
(1)
The front yard and the side yard adjacent to a public thoroughfare shall be landscaped and the entire manufacturing housing park shall be maintained in a clean, presentable condition at all times.
(2)
A greenbelt planting strip not less than 10 feet in width shall be placed or located along the perimeter of the manufactured housing park. Such a greenbelt shall be so constructed as not to cause or constitute a traffic hazard and plantings shall be at least 20 feet back from an intersection. The requirements for a greenbelt along the perimeter of a manufactured housing park does not apply when the abutting land is zoned MHP Manufactured Housing Park District.
(4)
Manufactured home lot line fences, when provided, shall be uniform in height 36 inches in height and shall be constructed in such a manner as to provide firemen access to all sides of each manufactured home and shall be provided with two gates.
(5)
Models may be placed on lots in the manufactured housing park, if they are installed in accordance with Public Act 96 of 1987, as amended, and a temporary certificate of occupancy is issued. These models are to be used primarily for sales in the park and shall not be occupied as living units. Also, they shall not have any bright or flashing lights on the units.
§ 530-91 Motels and hotels.
A.
No guest shall rent a unit at a motel or hotel for more than 30 consecutive days within any calendar year.
B.
Each unit shall contain not less than 250 square feet of floor area.
C.
A minimum fifty-foot front yard setback shall be maintained.
D.
Signs may be permitted to be a maximum of 50 feet in height when adjacent to a freeway.
§ 530-92 Outdoor display and sales.
A.
General standards.
(1)
An outdoor display shall be considered as an accessory use to the principal use conducted on the premises.
(2)
The exterior of the premises shall be kept clean, orderly and maintained.
(3)
The Township shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of an outdoor display.
(4)
In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein.
B.
Standards within CBD District.
(1)
An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(2)
If an outdoor display is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside. An outdoor display on a public sidewalk shall be confined to normal business hours.
C.
Standards within B-1 and B-2 Districts.
(1)
An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.
(2)
An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.
D.
Building materials, nursery stock and garden supplies.
(1)
Outdoor sales areas shall not be located within the required front setback, except for sales of living nursery stock. Ornamental displays associated with the sale of nursery stock shall be permitted; however, in no case shall the outdoor storage or sale of bulk materials, including but not limited to topsoil, mulch or gravel, whether packaged or not, be permitted within the front yard setback.
§ 530-93 Outdoor recreational facilities.
A.
Active recreation. All active outdoor recreational facilities for adults or children, including but not limited to paint ball, 3-D archery, motocross and other similar uses are subject to the following:
(2)
Parking areas shall be provided off the road right-of-way and shall be enclosed with a four-foot wall, fence, berm and/or evergreen plantings.
(3)
No less than one acre of land are required to accommodate any active outdoor recreational facility (except motocross) with no less than a twenty-foot open space along all parcel perimeters. Motocross facilities shall require no less than five acres, 150 feet of frontage and no less than 100 feet of open space along all parcel perimeters.
B.
Passive recreation. All passive outdoor recreational facilities for adults or children, including but not limited to amusement parks, carnivals miniature golf courses, drive-in theaters and other similar uses, except public parks, are subject to the following:
(2)
Parking areas shall be provided off the road right-of-way and shall be enclosed with a four-foot wall, fence, berm and/or evergreen plantings.
(3)
Children's amusement parks must be fenced on all sides with a four-foot wall or fence.
(4)
Drive-in theaters shall have a solid fence around the site and all lighting shall be shielded from adjacent parcels.
§ 530-94 Outdoor sales of automobiles or vehicles.
Outdoor sales of new and used automobiles, boats, mobile homes, lawn care and construction machinery and other vehicles shall be subject to the following requirements:
A.
Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.
B.
All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building.
C.
Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.
D.
Inoperative vehicles or discarded or salvaged materials shall not be stored outside.
E.
Vehicle sales shall not be permitted on the premises of any automobile service station, automotive wash or automobile or vehicle repair garage.
G.
A landscaped greenbelt measuring a minimum of 10 feet in width shall be provided. No vehicles or merchandise shall be displayed within the required greenbelt.
H.
There shall be no broadcast of continuous music and/or announcements over any loudspeaker or public address system.
I.
The automobile sales agency must be located on a site having frontage of no less than 150 feet and area of no less than 35,000 square feet.
§ 530-95 Ponds.
A.
A pond shall not be created, built, or used until a plan is submitted, and a permit shall have been obtained from Zoning Administrator and a permit fee and any inspection fees shall have been paid in an amount as set by the Township Board of Trustees.
B.
No pond shall be located closer than 20 feet from the side and rear lot lines, nor closer than 150 feet from the front right-of-way line, nor closer than 50 feet from the principal structure, nor closer than 100 feet from any septic tank and/or septic field.
C.
Material excavated from the pond site shall be disposed of on the site with the proper grading to allow no alteration in the runoff to adjoining lots or parcels.
D.
No pond shall be located closer than 50 feet from any telephone, electrical or other utility line.
E.
A pond shall be constructed in such a manner that no overflow, spillage, or seepage shall encroach on adjacent lots or parcels.
F.
The side slopes of the pond shall not be greater than one foot vertical to four feet horizontal to a water depth of five feet.
G.
The pond shall have a minimum depth of 10 feet in the middle of the pond.
H.
The plan shall be a scale drawing that must provide sufficient information and details concerning the following:
(1)
The size and dimensions of the proposed pond including at least one cross section of the pond.
(2)
The proposed location of the pond and its relationship to all existing dwellings within 800 feet, existing or proposed building on the subject parcel, existing septic system and drainfield on the subject parcel and adjacent parcels, utility lines including gas, electric, telephone and cable, property line of the subject parcel with verification by a mortgage survey, and dimensions from all property lines and the street right-of-way.
(3)
Proposed site grading and finished elevations shall be illustrated on the site plan in sufficient detail to determine the direction of stormwater runoff and the drainage system to receive the runoff.
(4)
Material to be excavated shall be used on the subject parcel and graded to conform to the natural landscape.
I.
Refer to the Building Code for swimming pool regulations.
§ 530-96 Animals.
A.
Class I animals may be maintained in any zoning classification district, subject to specific restrictions herein.
B.
Class II Animals may be maintained in the AG, RR and R-1 Districts only. While horses and equine type animals are considered Class II, commercial riding stables are regulated under § 530-97 herein.
C.
The following stocking densities are suggested by the Michigan State University Extension Service. These stocking densities are suggested without knowing anything about the agricultural management practice of any individual, adjacent land uses, soils, or agricultural productivity. For those individuals living on parcels of 10 acres or less in close proximity to their neighbors, these stocking densities are meant to be suggestions for good neighbor practices.
Suggested Stocking Densities for Class II Animals on Parcels of 10 Acres or Less in the Agriculture Districts | |||
|---|---|---|---|
Animal | Number of Animals | Area (acres) | |
Beef cattle | 1 | 1.5 | |
*Beef cattle with calf | 1 | 1.5 | |
Dairy cow | 1 | 1.5 | |
Pigs | 1 | 1.5 | |
Sheep, goats, alpaca | 1 | 1.5 | |
Llama | 1 | 1.5 | |
Horses/equine type animals | 1 | 1.5 | |
NOTES: | ||
* | One beef cattle with calf is considered one animal until the calf is fully grown. | |
(1)
There should be adequate fencing, or other restraining devices for the purpose of maintaining animals within the restricted areas provided for in this chapter.
(2)
Structures housing Class II animals should be located at least no nearer than 50 feet to any adjacent lot line. The Michigan Department of Agriculture Right-to-Farm Program may advise that a greater setback be met if a voluntary site plan for a manure management plan is filed.
(3)
The refuse and wastes resulting from the maintenance of animals should be controlled upon the premises in accordance with the Michigan Right to Farm Act,[1] Generally Accepted Agricultural Practices for Site Selection and Odor Control for New and Expanding Livestock Production Facilities.
[1]
Editor's Note: See MCLA § 286.471 et seq.
(4)
All feed and other substances and materials on the premises for the maintenance of animals should be stored in accordance with the Michigan Right to Farm Act, Generally Accepted Agricultural and Management Practices for the Care of Farm Animals.
(5)
It is highly recommended that property owners in the AG, RR and R-1 Districts who plan to raise Class II livestock contact the Michigan Department of Agriculture, Right to Farm Program for advice on how to write and implement a site plan for manure management. Every property owner who raises livestock should be aware of their rights and responsibilities contained in the Michigan Right to Farm Act.
D.
Class III Animals may be maintained in the AG, RR and R-1 Districts only. The following stocking densities are suggested by the Michigan State University Extension Service. These stocking densities are suggested without knowing anything about the agricultural management practice of any individual, adjacent land uses, soils or agricultural productivity. For those individuals living on parcels of 10 acres or less in close proximity to their neighbors, these stocking densities are meant to be suggestions for good neighbor practices.
Suggested Stocking Densities for Class III Animals on Parcels of 10 Acres or Less in the AG, Agriculture District | |||
|---|---|---|---|
Animal | Number of Animals | Area (acres) | |
Geese, ducks, turkeys | 125 | 1 | |
Chickens (broiler hens, layers) | 250 | 1 | |
Rabbits | 250 | 1 | |
(1)
There should be adequate fencing, or other restraining devices, for the purpose of maintaining animals within the restricted areas provided for in this chapter.
(2)
Structures housing Class III animals should be located, at least, no nearer than 50 feet to any adjacent lot line. The Michigan Department of Agriculture, Right to Farm Program may advise that a greater set back be met if a voluntary site plan for a manure management plan is filed.
(3)
The refuse and wastes resulting from the maintenance of animals should be controlled upon the premises in accordance with the Michigan Right to Farm Act, Generally Accepted Agricultural Practices for Site Selection and Odor Control for New and Expanding Livestock Production Facilities.
(4)
All feed and other substances and materials on the premises for the maintenance of animals should be stored in accordance with the Michigan Right to Farm Act, Generally Accepted Agricultural and Management Practices for the Care of Farm Animals.
(5)
It is highly recommended that property owner's in the AG, RR and R-1 Districts who plan to keep/raise Class III livestock contact the Michigan Department of Agriculture, Right to Farm Program for advice on how to write and implement a site plan for manure management. Every property owner who raises livestock should be aware of their rights and responsibilities contained in the Michigan Right to Farm Act.
E.
Regulation of animals in residential districts.
(1)
Class II and Class III animals are not permitted to be maintained in residential districts with the following exceptions:
[Amended 9-12-2012]
Stocking Densities for Class II and III Animals in Residential Districts | ||||
|---|---|---|---|---|
Class of Animal | Animals | Number of Animals Permitted | Area Required for First Animal | Additional Animals1 |
Class II RR and R-1 Districts | Beef cattle | 1 | 1.5 acres for first animal | 1 acre per additional animal up to a maximum of 10 animals |
Dairy cow | 1 | 1.5 acres for first animal | 1 acre per additional animal up to a maximum of 10 animals | |
Pigs | 1 | 1.5 acres for first animal | 1 acre per additional animal up to a maximum of 10 animals | |
Sheep, goats, alpaca | 1 | 1.5 acres for first animal | 1 acre per additional animal up to a maximum of 10 animals | |
Llama | 1 | 1.5 acres for first animal | 1 acre per additional animal up to a maximum of 10 animals | |
Horses/equine type animals | 1 | 1.5 acres for first animal | 1 acre per additional animal up to a maximum of 10 animals | |
Class III RR and R-1 Districts | Geese, ducks, turkeys | 10 | 1.5 acres for first 10 animals | 4,356 square feet (1/10 acre) for each additional animal to a maximum of 50 animals |
Geese, ducks, turkeys | 3 | Under 1 acre | 4,356 square feet (1/10 acre) for each additional animal to a maximum of 50 animals | |
Chickens (broiler hens, layers) | 10 | 1.5 acres for first 10 animals | 4,356 square feet (1/10 acre) for each additional animal to a maximum of 50 animals | |
Chickens (broiler hens, layers) | 3 | Under 1 acre | 4,356 square feet (1/10 acre) for each additional animal to a maximum of 50 animals | |
Rabbits | 10 | 1.5 acres for first 10 animals | 4,356 square feet (1/10 acre) for each additional animal to a maximum of 50 animals | |
Rabbits | 3 | Under 1 acre | 4,356 square feet (1/10 acre) for each additional animal to a maximum of 50 animals | |
Class III R-2 and R-3 District | Chickens (broiler hens, layers)* | 3 | Not applicable | Not applicable |
Rabbits | 3 | Not applicable | Not applicable | |
NOTES: | |
1 | Special land use approval is required to exceed the maximum of 10 Class II animals and 50 Class III animals. |
* | Geese, ducks, turkeys and roosters are not permitted in R-2 and R-3 Zoning Districts. |
(2)
Keeping of chickens and rabbits in the R-2 and R-3 Zoning Districts.
[Added 9-12-2012]
(a)
The animals shall be provided with a covered, predator-proof pen that is thoroughly ventilated, of sufficient size to admit free movement of the animals, designed to be easily accessed, cleaned and maintained by the owners and be at least two square feet per animal in size. All enclosures shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the structure.
(b)
No animal pen will be located closer than 40 feet to any residential structure occupied by someone other than the owner of the animals.
(c)
The animals shall be shut into their pen at night from sunset to sunrise.
(d)
A person shall not keep animals in any location on the property other than in the backyard. For purposes of this section, "backyard" means the portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family or two-family structure and extending to the side lot lines.
(e)
The area containing the animals shall be adequately fenced to protect and contain the animals and to prevent access to the animals by dogs and other predators.
(f)
Stored feed must be kept in rodent and predator-proof container.
(g)
It is unlawful for the owner, custodian, or keeper of any Class III animal to permit the animal to be a nuisance to any neighbors, including but not limited to: noxious odors from the animals or their enclosure; and noise loud and persistent and habitual by nature. The Zoning Administrator will determine whether or not a nuisance exists on a case-by-case basis.
(3)
As a part of the special land use review process, the Planning Commission may choose to impose any reasonable conditions, including conditions on the following items:
F.
Conformance to law. In reference to the above provisions, the following may apply: all federal, state and local laws and regulations to include, but not limited to the Michigan Right to Farm Act,[2] all adopted Generally Accepted Agricultural Management Practices, and all Michigan Department of Agriculture rules and regulations. All violations of the Michigan Right to Farm Act are investigated by and can be reported to the Michigan Department of Agriculture.
[2]
Editor's Note: See MCLA § 286.471 et seq.
§ 530-97 Riding stables, commercial.
A.
A minimum lot area shall be provided of not less than 10 acres, with a minimum lot width of not less than 500 feet.
B.
A commercial stable shall provide an area of not less than two acres for each horse stabled and used as a part of such commercial stable use, but shall not be less than Subsection A above.
C.
All buildings, corrals, and runways for housing or keeping of such animals shall not be less than 150 feet from any adjacent property line; provided, however, such yard space may be used for pasture in connection with a riding stable.
D.
All yard space used for pasture or riding areas shall be fenced with woven wire or other approved fence material except barbed wire, which shall not be acceptable as sole fence material, and said fence shall not be less than five feet in height. Such fence shall be maintained in good condition.
E.
Any permit after being issued for such uses shall terminate immediately when the lot area requirements herein set forth are decreased in any manner.
§ 530-98 Roadside produce stands and markets.
Because roadside stands and markets are seasonal in character and utilized on a temporary basis, roadside markets that sell produce that has been purchased for resale shall be permitted by the Zoning Administrator subject to the following requirements:
A.
The sale of products shall not take place in the dedicated right-of-way of any thoroughfare within the Township, and assurances shall be made to the Township that off-street parking and adequate ingress and egress has been provided.
B.
Upon discontinuance of the temporary use, any temporary structures shall be removed from the roadside.
C.
All requirements of a temporary permit shall be met.
§ 530-99 Rooming and boarding houses.
A.
A portion of an owner-occupied, single-family dwelling unit or accessory building.
B.
The portion of the owner-occupied, single-family dwelling or accessory building used as a rooming or boarding house shall not exceed a total of 1,000 square feet in area, with or without separate kitchen facilities for not more than six individuals other than family, for an extended period of time, for compensation.
§ 530-100 Salvage yards.
A.
The area of the storage yard shall not exceed 1/2 the area of the building utilized for dismantling.
B.
The storage yard shall be completely enclosed with a wall, fence, berm, landscaping or combination thereof at least six feet high, and must obscure all items stored and/or outside machinery (cranes and wreckers).
C.
Nothing shall be stored within four feet of the fence.
D.
An office sales outlet area which can be entered from the outside shall be provided, and include a sales area free of normal parts storage. Storage may be located behind a service counter. This office may be of modular construction, but must have a foundation.
E.
Parking shall be provided outside the yard and shall be paved with cement, asphalt or other permanent surface approved by the Township Engineer. There shall be at least 10 spaces plus one space for each employee.
F.
Operating hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.
G.
Normal sanitary facilities and a lunch room area may be provided for the employees.
H.
Screening by berm, shrubs, or fencing (walls) shall be provided wherever nearby property within 1,000 feet would normally look into the storage yard.
I.
Metal crushers may be operated during regular business hours, but must meet Township performance standards.
J.
A permanent performance bond or deposit in addition to other bonds, including but not limited to construction or landscape bonds, equivalent to the cost of the fencing and $0.10 per square foot of yard space is required as a performance bond since this type of operation could become a nuisance (yearly evidence of the bond shall be evidenced to the clerk).
K.
All dismantling operations will be done within a totally enclosed building. Individual parts may be removed from vehicles in the front, side or rear yard.
L.
There shall be no incineration of refuse.
M.
There can be no parking, storage or standing of inoperative vehicles in the front yard.
N.
Storage of vehicles shall be on inflated tires, supports, or stands and not set on the ground.
O.
Vehicular storage shall be in neat, organized rows with accessible aisles, and vehicles shall be uniformly perpendicular or parallel with access aisles.
P.
Vehicles shall be stored no more than one level high unless in racks, and no higher than the screening fence.
Q.
If screening slats are used in a chain-link fence, they must be wooden rather than metal.
R.
Any other specific requirements to assure the requested usage will not produce a detrimental effect on the surrounding area and the Township as a whole may be required.
S.
Utility information shall detail the method of stormwater retention or detention, and information shall be provided to indicate the retention of liquids that may seep onto the ground.
§ 530-101 Seasonal and transient display of products or materials intended for sale.
The sale of seasonal items, including but not limited to Christmas trees, flowers and plants, pumpkins and other such seasonal items, and the sale of any other merchandise by persons other than the owner or occupant of the premises, shall require a permit from the Zoning Administrator, subject to the following standards and conditions:
A.
Transient or seasonal sales may be located within any required yard, provided a ten-foot landscaped greenbelt meeting the requirements of § 530-117 is provided between any outdoor display and any public road right-of-way. Where outdoor displays abut residentially zoned property, landscape screening in accordance with § 530-117 shall also be provided.
C.
All such sales shall be conducted in a manner so as not to create a nuisance to neighboring properties through adequate on-site parking and ingress and egress to the site.
D.
Upon discontinuance of the seasonal use, any temporary structures shall be removed.
E.
Signs shall conform to the provisions of the district in which the seasonal use is located.
§ 530-102 Self-storage facilities.
A.
Requirements and conditions. Self-storage facilities shall be subject to the following requirements and conditions of this section:[1]
(1)
No activity other than the rental of storage units and the rental of outside storage space for operable and licensed recreational vehicles, boats and watercraft shall be allowed. No commercial, wholesale, retail, industrial or other business use on, or operated from, the facility shall be allowed.
(2)
Only the sale of incidental supplies and similar material related to the self-storage business shall be allowed from the facilities office.
(3)
The storage of any toxic, explosive, corrosive, flammable or hazardous material is prohibited inside the storage units. Fuel stored in motor vehicle tanks of cars, boats or other motorized devices may be subject to separate regulation by the proprietor.
(4)
All batteries shall be disconnected from motor vehicles, boats, lawn mowers or similar property to be stored inside a storage unit.
(5)
Other than the storage of recreational vehicles, boats and watercraft, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with § 530-117, Landscaping and screening.
(6)
The exterior design of the storage units is subject to Planning Commission review and approval, and must be compatible with adjacent properties and the rural character of Huron Township. When a building is adjacent to a zoning district that permits a residential use, or the adjacent property is currently in residential use, the Planning Commission may consider the use of a building material that is aesthetically compatible.
(7)
All storage units must be accessible by safe circular drives clearly marked to distinguish direction (if one-way) and separate from parking lanes. Parking lanes a minimum of 10 feet wide shall be provided for loading and unloading adjacent to all storage units. A combination parking lane-driveways must meet the following minimum standards:
(8)
A residence for a caretaker or watchman is permissible and is subject to reasonable conditions that may be imposed by the Planning Commission as well as the following:
(a)
The caretaker or watchman's residence must have at least the minimum square footage of living space to meet the Zoning Ordinance's requirements for a single-family residence, not including the office space for the self-storage facility.
(b)
Exterior design of the caretaker or watchman's residence is subject to the review and approval of the Planning Commission.
(c)
The caretaker or watchman's residence is subject to all area and setback requirements of the district that it is located in.
(d)
The maximum height of the caretaker or watchman's residence shall be 35 feet or 2.5 stories.
(9)
Parking requirements. One space for every 150 self-storage units with a minimum of three spaces to be provided adjacent to the office.
(10)
Direct ingress and egress shall be from a paved public road.
B.
Waiver. Where the Planning Commission determines that compliance with all of the above standards are unreasonable, the standards shall be applied to the maximum extent possible. In such a situation, the Planning Commission may accept suitable alternatives that substantially achieve the purpose of this section, provided that the applicant demonstrates that one of the following apply:
§ 530-103 Sidewalk cafe service and seasonal outdoor dining.
A.
A sidewalk cafe service operated by a restaurant or other food establishment that sells food for immediate consumption may be permitted in the CBD Central Business District and the PDA Pinnacle Development Area District, subject to the following conditions:[1]
(1)
An outdoor cafe shall be allowed only during normal operating hours of the establishment.
(2)
If a sidewalk cafe is located on a public sidewalk, a minimum of five feet of unobstructed pedestrian access along the sidewalk shall be maintained.
(3)
All food preparation shall be inside the establishment.
(4)
If alcoholic beverages are to be served, the current Liquor Control Commission Rules and Regulations must be abided.
(5)
No music, intercom or other noise shall be permitted that impacts adjacent properties.
(6)
Appropriate screening and/or fencing shall be provided as determined to be necessary and advisable by the Planning Commission in the course of its site plan review process.
(7)
Cafe service areas shall comply with all regulations and provisions required for the establishment/building.
(8)
The exterior of the premises, including the sidewalks, shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises.
(9)
The Township shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of a sidewalk cafe operation.
B.
Seasonal outdoor dining. Seasonal outdoor dining operated by a restaurant or other food establishment that sells food for immediate consumption may be permitted as an accessory use within the B-1 Local Business District and B-2 General Business District, subject to the following conditions:
(1)
A seasonal outdoor dining area may be allowed only during normal operating hours of the establishment.
(2)
No such dining area shall be located within the public sidewalk and/or road right-of-way.
(3)
All food preparation shall be inside the establishment.
(4)
If alcoholic beverages are to be served, the current Liquor Control Commission Rules and Regulations must be abided.
(5)
No music, intercom, or other noise shall be permitted that impacts adjacent properties.
(6)
When located adjacent to a residentially zoned and/or used parcel, the outdoor dining area shall be screened as determined to be necessary by the Zoning Administrator.
(7)
The exterior of the premises shall be kept clean, orderly, and maintained or the permit may be revoked.
§ 530-104 Slaughterhouses.
A.
The physical plant structure, pens, stockyard or cages shall in no instance be closer than 2,000 feet to any adjacent residential district.
B.
A minimum six-foot-high chain-link fence shall be provided around the entire site to assure that individuals will not unknowingly trespass on the property, particularly the stockyard area.
C.
The site shall have at least one continuous boundary 500 feet in length along a major thoroughfare of at least 120 feet in right-of-way as indicated on the current Master Right-of-Way Plan of the Wayne County Department of Public Services.
§ 530-105 Sludge processing and similar resource recovery operations.
A.
The facility shall be 1,000 feet from the perimeter of the parcel.
B.
Sludge processing and similar resource recovery operations shall not include hazardous materials.
D.
Any residue resulting from the operation shall be removed from the site or disposed of in an approved disposal site.
E.
Any stocks shall meet the height requirements of the U.S. Environmental Protection Agency guidelines for Good Engineering Practice (EPA 450/2-78 046).
F.
A market analysis report indicating the economic feasibility of the proposed use shall be submitted.
G.
A site operational plan describing the methodology of transfer of material from vehicles to the operation, methods of mitigating spills and accidents, staffing expectations, hours of operation, and methods for closing and removal of the buildings, structures, and facilities should the operation cease for a period exceeding six months.
H.
There shall be no unlicensed or nonmanifested carriers on the site at any time.
I.
All facilities for any rail tank cars or other rail container cars shall be provided with storage facilities under the storage rails to assure that any spillage shall be contained until removal to the approved storage area. Said storage shall be at least 1 1/2 times the volume of the amount to be stored.
J.
Security methods including fencing for the operation shall be submitted with the required site plan.
K.
Fire and explosive hazard control shall be outlined and submitted with the required site plan.
L.
Methods of controlling and avoiding any spillage of liquids or materials into the storm sewer system or off the property shall be outlined for all operational areas, including access.
§ 530-105.1 Solar energy systems.
[Added 2-8-2023 by Ord. No. 23-02]
A.
Purpose The purpose of this section is to provide regulation for the following permitted types of solar energy systems.
(1)
Personal-scale solar energy systems (ground-mounted and building-mounted): permitted within all zoning districts in the Township of Huron as accessory structures or uses under the conditions that they are located within a rear or side yard, comply with all applicable setback requirements, and are intended to be solely used for private purposes rather than commercial resale.
(2)
Large-scale solar energy systems (ground-mounted): permitted within the (I-2) Heavy Industrial District as a special land use.
B.
General standards for all solar energy systems.
(1)
All solar energy systems must be compliant with all Township ordinances and other applicable regulations.
(2)
All solar energy systems shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the Township Building Official prior to installation. The Building Official may inspect the completed installation to verify compliance with the manufacturer's directions.
(3)
All solar energy systems, whether ground-mounted or building-mounted, shall be permanently and safely attached to whatever surface it is mounted to.
(4)
No building-mounted solar energy system shall exceed the dimensional height permitted in the zoning district in which it is located. No ground-mounted solar energy system shall exceed the height of the principal structure or 14 feet in height, whichever is less. Height is to be measured from the average grade at the base of the pole to the highest edge of the system. The Planning Commission may increase the maximum height requirements at their discretion dependent upon location and other factors.
(5)
All solar energy systems are to be neutral in color to minimize reflectance onto surrounding properties and streets.
(6)
The following items shall apply to all solar energy systems; however, additional flexibility or stricter regulations may be placed upon the solar energy system dependent upon the site's location within the Township and the land uses of adjacent parcels per the discretion of the Planning Commission.
(a)
Electrical fencing is not permitted, unless also housing livestock or similar animals.
(b)
Personal-scale solar energy systems are to be screened so that any mechanical equipment used as part of the solar energy system may not be seen from other residentially zoned properties.
(c)
The perimeter of all sites containing large-scale solar energy systems shall be screened and buffered per the direction of the Planning Commission.
C.
Additional standards for large-scale solar energy systems. Large-scale solar energy systems where the primary use of the land is to generate electric energy or other energy by converting sunlight for the sale, delivery or consumption of the generated energy with a capacity greater than one megawatt (MW) shall require site plan review, the receipt of a special land use permit, and fulfill the following standards supplemental to those established in Subsection B.
(1)
A large-scale solar energy system may be located on one or more parcels with an aggregate area of 10 acres or greater.
(2)
Setbacks. A minimum setback distance of 100 feet from all exterior property lines of the large-scale solar energy system and existing public roads and railroad rights-of-way shall be required for all buildings and solar arrays, provided that a setback of 250 feet shall be required adjacent to any residential structure.
(3)
FAA approval, if necessary.
(4)
Design and operation of all large-scale solar energy systems must be compliant with all applicable provisions of local, state, and federal laws and regulations.
(5)
All large-scale solar energy systems shall be subject to § 530-116, which delineates glare and exterior lighting standards. Lighting on sites housing a large-scale solar energy system shall be located, designed, and maintained to prevent the reflection and glare of light that would otherwise create a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses, and to promote dark skies in keeping with the rural character of the Township.
(6)
The Township shall have the right, at any reasonable time, to provide same-day notice to the applicant to inspect the premises on which any large-scale solar energy system is located.
(7)
The Planning Commission may require a study as to the amount of electrical interference that might arise and an assessment of the environmental impact (animals, plant life and otherwise) as the electromagnetic field created by the panels may interfere with wireless communications and the focus of intensity of sunlight onto the panels may affect surrounding wildlife.
(8)
Noise. No component of any large-scale solar energy system shall emit noise exceeding 65 dBA measured at the exterior property boundary or the existing ROW line.
(9)
The owner or operator of a large-scale solar energy system shall maintain a current insurance policy with a bond rating acceptable to the Township to cover installation and operation. The amount of the policy shall be established as a condition of special land use approval.
(10)
The owner or operator of a large-scale solar energy system shall provide a groundwater management plan consisting of regular sampling and analysis.
(11)
Screening/security: A large-scale solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access. Such fencing shall be six feet in height with a one-foot extension arm consisting of a minimum of three strands of barbed wire placed above the fencing and slanting outward as measured from the natural grade of the fencing perimeter. Electric fencing is not permitted. The perimeter of large-scale solar energy systems shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large-scale solar energy system from adjacent residential structures, subject to the following requirements:
(a)
The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreen trees shall be spaced no more than 15 feet apart on center (from the central trunk of one plant to the central trunk of the next plant), native trees shall be placed no more than 30 feet apart on center and shrubs shall be spaced no more than seven feet apart on center. All unhealthy (60% dead or greater) and dead material shall be replaced by the applicant within one year, or the next appropriate planting period, whichever occurs first.
(b)
All plant materials shall be installed between March 15 and November 15. If the applicant requests a final certificate of occupancy from the Township and the applicant is unable to plant during the installation period, the applicant will provide the Township with a letter of credit, surety or corporate guarantee for an amount equal to 1.5 times the cost of any planting deficiencies that the Township shall hold until the next planting season. After all plantings have occurred, the Township shall return the financial guarantee.
(c)
Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this section and any special land use permit may be subject to revocation.
(12)
Abandonment and decommissioning.
(a)
Abandonment. Any large-scale solar energy system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned. It is the duty of the responsible party or parties to remove all equipment and facilities and completely restore the parcel to its original condition prior to the installation of the solar facility.
[1]
Upon determination of abandonment, the Zoning Administrator shall notify the party or parties responsible that they must remove the large-scale solar energy system and restore the site to its condition prior to the development of the facility within six months of notice by the Planning Commission or its designee. If the responsible party or parties fail to comply, the landowner is then responsible for removal of the facility.
[2]
If the facility is not removed and the land restored to its prior condition within the six-month time period, the Township or its designee may remove the solar facility, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover costs required to remove the solar facility and restore the site to a nonhazardous predevelopment condition.
(b)
Decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large-scale solar energy system in its entirety. Prior to the issuance of the necessary permit, a decommissioning plan containing the following items must be submitted.
[1]
Anticipated project life;
[2]
Estimated costs of decommissioning in current dollars;
[3]
Method(s) of ensuring funds are to be available for the decommissioning of the project, including, but not limited to, activities for the removal of structures, roads, fencing, foundations, etc. These funds shall be in the form of a bond, letter of credit or other form approved by the Township.
[4]
Anticipated manner in which the project will be decommissioned, and the site restored.
D.
Application procedures and approvals. Special land use and site plan approvals or permits under this section shall be valid for two years and, if requested by the applicant prior to that expiration date, shall automatically be extended for an additional one-year period.
(1)
Approval required. Except where noted in this Section, it shall be unlawful to construct, erect, install, or alter any large-scale solar energy system within Huron Township unless a special land use permit has been obtained pursuant to this section.
(2)
Site plan drawing and supporting materials. All applications for large-scale solar energy systems must be accompanied by detailed site plans drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan. Site plans shall display the following information:
(b)
Physical features and land uses of the project area, both before and after construction of the proposed project;
(c)
Locations of all above- and below-ground drainage systems, including, but not limited to, farm tiles, county drains, wetlands, and road ditches;
(d)
Proposed setbacks from the solar array(s) to all existing and proposed structures within the large-scale solar energy system;
(e)
Plan(s) showing the location of the proposed large-scale solar energy system, underground and overhead wiring (including the depth of underground wiring), new drainage facilities (if any), access drives (including width), substations and accessory structures on-site and within 100 feet of all exterior property lines;
(f)
Land elevations for the solar array(s) to all existing and proposed structures within the large-scale solar energy system at a minimum of five-foot contours;
(g)
Access driveways within and to the large-scale solar energy system accompanied with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access drives shall be subject to Wayne County approval and shall be planned to minimize the use of lands for that purpose;
(h)
Anticipated construction schedule;
(i)
Description of operations, including anticipated regular and unscheduled maintenance, types of maintenance to be performed, and decommissioning and removal procedures;
(j)
A complete description of proposed technologies, including type of solar panel and system, fixed-mounted versus tracking, number of panels and angles of orientation;
(k)
Proof of all necessary agreements and approvals by all applicable agencies including Wayne County;
(l)
Additional detail(s) and information as required by the special land use requirements of the Huron Township Zoning Ordinance;
(m)
Additional information as required by the Planning Commission, including, but not limited to, planned security measures, screening, lighting, description of routes to be used by construction and delivery vehicles, etc.
(3)
Conditions and modifications. Any conditions and/or changes approved by the Planning Commission shall be recorded in the Planning Commission's meeting minutes. The Planning Commission may, in addition to other reasonable conditions, require additional environmental studies, walls, fences, and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts. After approval, at least two copies of the final approved site plan shall be signed and dated by the Chairman of the Planning Commission and authorized representative of the applicant. One copy shall be kept on file by the Township Clerk, and one copy shall be returned to the applicant's authorized representative.
(4)
Escrow. An escrow account shall be set up when the applicant applies for a special land use permit for a large-scale solar energy system. The monetary amount filed by the applicant with the Township shall be in accordance with the fee schedule set by the Township Board. These funds are used to cover all reasonable costs and expenses associated with the special land use permit and site plan review and approval process, which costs can include, but are not limited to, fees of the Township Attorney, Township Planner, and Township Engineer, as well as any reports or studies which the Township anticipates it may have done related to the zoning review process for the particular application. At any point during the zoning review process, the Township may require that the applicant place additional monies into escrow with the Township should the existing escrow amount filed by the applicant prove insufficient. If the escrow account needs replenishing and the applicant refuses to do so within 14 days after receiving notice, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Any escrow amounts which are in excess of actual costs shall be returned to the applicant.
(5)
Complaints, administration and enforcement. Any complaints by a resident or property owner in the Township regarding any violations of this section shall be filed with the Township Zoning Administrator or his/her designee. Any and all violations of this section are subject to the penalties set forth in § 530-17. Method(s) of ensuring funds are to be available for the decommissioning of the project, including, but not limited to, activities for the removal of structures, roads, fencing, foundations, etc. Funds for any and all enforcement shall be provided and in the form of a bond, letter of credit or other form approved by the Township.
§ 530-106 Transient and temporary amusement establishments.
A.
The purpose of this section is to ensure the safety and general welfare of the public, it being necessary to limit the number, size and place of various transient and temporary amusement enterprises, including but not limited to carnivals, fairs, circuses, outdoor socials, benefits and other fund-raising affairs.
B.
The Township Board may permit transient and temporary amusements to be set up in any district.
C.
Transient and temporary amusement establishments may be permitted:
(1)
When engaged in by schools, churches, fraternal societies, and similar nonprofit organizations as an accessory use for the sole purpose of raising money for the financial support of such institutions in pursuit of their natural functions.
(2)
When such use and occupancy is temporary and/or seasonal only.
(3)
When such use and occupancy is not detrimental to adjacent surrounding property.
(4)
When such use and occupancy is not disturbing to the public peace and tranquility.
(5)
When such use and occupancy will not create undue traffic hazard and congestion.
D.
Permits for such uses may be granted for periods not to exceed eight days consecutively, and may be renewable for not more than eight days.
§ 530-107 Travel trailer parks and campgrounds.
A.
Each specific camp site shall be identified by a number, shall be graded so that surface water will run off and not pond, shall be of sufficient size to allow for the parking of the recreational vehicle or recreational trailer and motor vehicle used for towing, with a separate space for picnic table and privacy between sites. Sites may be pull-through type or back-in type with space for motor vehicle located in front or at the side of the recreational vehicle.
B.
The minimum size for travel trailer parks and campgrounds shall be 20 acres.
§ 530-108 Veterinary hospitals or clinics.
A.
For small animals, including but not limited to dogs and cats and other Class I animals:
(1)
All activities must take place inside of a building.
B.
C.
Front, side and rear setbacks for veterinary hospitals or clinics serving Class II or Class III animals are as follows:
§ 530-109 Wireless communication facilities.
A.
In the following circumstances, a proposal to establish a new wireless communication facility shall be deemed a principal permitted use, subject to site plan and the conditions set forth in Subsection C below, and if approved, constructed and maintained in accordance with the standards and conditions of this section.
(1)
Attached wireless communication facilities within all SP, B-1, B-2, I-1 and I-2 Districts only, where the existing structure is not, in the determination of the Planning Commission, proposed to be either materially altered or materially changed in appearance.
(2)
Co-location of an attached wireless communication facility which has been preapproved for such co-location as part of an earlier approval by the Planning Commission.
(3)
Attached wireless communication facilities consisting of a utility pole located within a public right-of-way, where the existing pole is not proposed to be modified in a manner which, in the determination of the Planning Commission, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
(4)
Monopole wireless communication support structures in all SP, B-2, B-2, I-1 and I-2 Districts only.
(5)
All wireless communication support structures established within a public right-of-way having an existing width of more than 204 feet.
(6)
All wireless communication facilities which are located, attached or sited on property which is owned, leased, or controlled by the Huron Charter Township.
B.
If it is demonstrated to the satisfaction of the Planning Commission by an applicant that a wireless communication facility may not reasonably be established as principal permitted use under Subsection A above and is required to be established outside of a district identified in Subsection A in order to operate a wireless communication service, then wireless communication facilities may be permitted elsewhere in the Township by special land use approval only subject to the requirements set forth in Subsection C, and subject further to the special land use approval procedures of § 530-11 and if approved, constructed and maintained in accordance with the standards and conditions of this section, and also subject to the following criteria and standards:
(1)
At the time of the submittal, the applicant shall demonstrate that a location within an allowable district cannot reasonably meet the coverage and/or capacity needs of the applicant.
(2)
Wireless communication facilities shall be of a design, including but not limited to a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood, and general area, as approved by the Planning Commission, and shall comply with the co-location requirements of Subsection C(14).
(3)
In AG Districts, site locations shall be permitted on a priority basis upon the following sites, subject to application of all other standards contained with this section:
C.
General requirements. All applications for wireless communication facilities shall be reviewed, in accordance with the following standards and conditions, and if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if a facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission at its discretion.
(1)
All applications for the required permit to place construct or modify any part or component of a wireless communication facility shall include the following:
(a)
A site plan prepared in accordance with § 530-12 showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.
(b)
A disclosure of what is proposed, demonstrating the need for the proposed wireless communication support structure to be located as proposed based upon the presence of one or more of the following factors:
[1]
Proximity to an interstate highway or major thoroughfare.
[2]
Areas of population concentration.
[3]
Concentration of commercial, industrial and/or other business centers.
[4]
Areas where signal interference has occurred due to buildings, masses of trees or other obstructions.
[5]
Topography of the proposed facility location in relation to other facilities within which the proposed facility is to operate.
[6]
Other specifically identified reason(s) creating need for the facility.
(c)
The reason or purpose for the placement, construction or modification with specific reference to the provider's coverage, capacity and/or quality needs goals and objectives.
(d)
The existing form of technology being used and any changes proposed to that technology.
(e)
As applicable, the planned or proposed and existing service area of the facility and the attached wireless communication facility, and wireless communication support structure height and type, and signal power expressed in ERP upon which the service area has been planned.
(f)
The nature and extent of the applicant/provider's ownership or lease interest in the property, building or structure upon which facilities are proposed for placement, construction or modification.
(g)
The identity and address of all owners and other persons with a real property interest in the property, building or structure upon which facilities are proposed for placement, construction or modification.
(h)
A map showing existing and known proposed wireless communication facilities within Huron Township, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the Township in the location, and in the area, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. The map shall also show existing buildings and/or other structures of the same approximate height within a one-half-mile radius of the proposed site which could accommodate a feasible co-location of the applicant's proposed attached wireless communication facility.
(i)
If and to the extent the information in question is on file with the Township, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the Township.
(j)
For each location identified in the applicant/provider's survey maps and drawings, the application shall include the following information, if known, with the applicant/provider expected to exercise reasonable due diligence in attempting to obtain information through lawful means prior to application:
[1]
The structural capacity and whether it can accommodate the applicant's facility, as proposed or modified.
[2]
Whether property owner approvals exist or have been requested and obtained.
[3]
Whether the location could be used by the applicant/provider for placement of its attached wireless communication facility, or if not, a disclosure of the technological considerations involved, with specific reference to how use of the location would prohibit the applicant/provider from providing wireless communication services.
(k)
A certification by a State of Michigan licensed and registered professional engineer regarding the manner in which the proposed structure will fall. The certification will be utilized, along with other criteria, including but not limited to applicable regulations for the district in question, in determining appropriate setbacks to be required for the structure and other facilities.
(l)
A description of the security to be posted at the time of receiving a building permit for the wireless telecommunication support structure to ensure removal of the structure when it has been abandoned or is no longer needed as provided in Subsection C(20). The security shall, at the election of the applicant, be in the form of cash, surety bond, letter of credit, or an agreement in a form approved by the Township Attorney and recordable at the office of the Wayne County Register of Deeds, a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for payment of any costs and attorney's fees incurred by the Township in securing approval.
(m)
The site plan shall include a landscape plan where the wireless communication support structure is being placed at a location which is not otherwise part of another site plan with landscaping requirements. The purpose of landscaping is to provide screening for the wireless communication support structure base, accessory buildings and enclosures. In all cases there shall be fencing of at least six feet in height, which is required for the protection of the tower.
(n)
Evidence of site plan approval from the Federal Aviation Administration, if required due to a site's proximity to the Detroit Metropolitan Wayne County Airport, or evidence that such approval is not required.
(o)
The name, address and telephone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(2)
The wireless communication support structure shall not be injurious to the neighborhood or otherwise detrimental to the public safety and welfare. The wireless communication support structure shall be located and designed to be harmonious with the surrounding areas, and to be aesthetically and architecturally compatible with the natural environment, as well as the environment as altered by development.
(3)
The maximum height of all new or modified attached wireless communication facilities and wireless communication support structures shall be 175 feet, or such lower maximum heights as approved and/or allowed by the Federal Aviation Administration under 14 CFR Part 77. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.
(4)
The setback of a monopole wireless communication support structure from any lot line shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the monopole is located. The setback of all other wireless communication support structures from any lot line shall be no less than the height of the structure, unless it can be demonstrated and certified by a registered professional engineer, to the satisfaction of the Township Engineer, that the wireless communication support structure has a shorter fall-zone distance.
(5)
Where the wireless communication support structure abuts a parcel of land zoned for other than residential purposes, the minimum setback of the wireless communication support structure and accessory structures shall be in accordance with the required setbacks for the main or principal buildings as provided in the schedule of regulations for the zoning district in which the wireless communication support structure is located. See Subsection C(1)(j).
(6)
There shall be an unobstructed access to the wireless communication support structure for operation, maintenance, repair and inspection purposes, which may be provided through an easement. This access shall have a width and location determined by such factors as the location of adjacent thoroughfares and traffic circulation within the site; utilities needed to service the wireless communication support structure and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbances to the natural landscape; and the type of equipment which will need to access the site.
(7)
The division of property for the purposes of locating a wireless communication support structure is prohibited unless all zoning requirements and conditions are met.
(8)
The Zoning Board of Appeals may grant variances only for:
(9)
Where a wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building, provided that an accessory building conforms to all district requirements for accessory buildings, including yard setbacks and building height.
(10)
The Planning Commission shall, with respect to the color of the wireless communication support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
(11)
Wireless communication support structures shall be constructed in accordance with all applicable building codes and shall include the submission of a professional soils report from a geotechnical engineer licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
(12)
A maintenance plan, and any applicable maintenance agreement, shall be presented as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long-term, continuous maintenance to a reasonably prudent standard.
(13)
If a provider fails or refuses to permit co-location on a facility owned or otherwise controlled by it, where co-location is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of Huron Township. The provisions of this subsection are designed by carry out and encourage conformity with the policy of the Township.
(14)
Any proposed commercial wireless communication support structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's attached wireless communication facility and comparable attached wireless communication facilities for additional users. Wireless communication support structures must be designed to allow for future rearrangement of attached wireless communication facilities upon the wireless communication support structure and to accept attached wireless communication facilities mounted at varying heights.
(15)
A proposal for a new wireless communication support structure shall not be approved unless and until it can be documented by the applicant that the communications equipment planned for the proposed wireless communication support structure cannot be feasibly co-located and accommodated on an existing or approved wireless communication support structure or other existing structure due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of the existing or approved wireless communication support structure or building, as documented by a qualified and licensed professional engineer, and the existing or approved wireless communication support structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment.
(b)
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the wireless communication support structure or other existing structure as documented by a qualified and licensed professional engineer and the interference cannot be prevented by any other means.
(c)
Existing or approved wireless communication support structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary for the coverage area and capacity needs to reasonably function as documented by a qualified and licensed professional engineer.
(d)
Other unforeseen reasons that make it infeasible to locate the planned communications equipment upon an existing wireless communication support structure or building.
(16)
Co-location shall be deemed to be "feasible" for the purposes of this section where all of the following are met:
(a)
The wireless communication provider entity under consideration for co-location will undertake to pay market rent or other market compensation for co-location.
(b)
The site on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
(c)
The co-location being considered is technologically reasonable, e.g., the co-location will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennae, and the like.
(d)
The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the several standards contained within this subsection.
(17)
If a party who owns or otherwise controls a wireless telecommunication support structure shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible co-location, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
(18)
If a party who owns or otherwise controls a wireless telecommunication facility shall fail or refuse to permit a feasible co-location, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible co-location shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of this section of the Zoning Ordinance and, consequently, such party shall take responsibility for the violation and be subject to any and all penalties applicable to a violation of the Zoning Ordinance, and shall also be prohibited from receiving approval for a new wireless communication support structure with Huron Township for a period of five years from the date of the failure or refusal to permit the co-location. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication service.
(19)
Review of an application for co-location, and review of an application for a permit for use of a facility permitted under Subsection A(2), above, shall be expedited by Huron Township.
(20)
When a wireless communications facility has not been used for 180 days or more, or six months after new technology is available which permits the operation of a wireless communication facility without the requirement of a wireless communication support structure, the entire wireless communications facility, or that portion of the wireless communications facility made obsolete by the new technology, shall be removed by the users and/or owners of the wireless communications facility. For the purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse. The situation(s) in which removal of a wireless communications facility is required may be applied and limited to a portion of the facility.
D.
Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the wireless communications facility shall immediately apply for and secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the condition which existed prior to the construction of the wireless communications facility.
E.
If the required removal of the wireless communications facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the Township may remove or secure the removal of the facility, or required portions thereof, with its actual costs and reasonable administrative charges to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the wireless communications facility.
F.
Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
§ 530-110 Pinnacle Development Area regulations.
Uses located within the Pinnacle Development Area (PDA) District are subject to the following development procedures and regulations, and shall be applicable to all uses within the district.
A.
Review procedures. All developments within the PDA District shall consist of no less than 10 net acres:
(1)
Preliminary. As part of the preliminary PDA plan review phase, the applicant shall submit a conceptual site layout and development agreement for input from the Planning Commission prior to Township Board consideration. The Planning Commission shall schedule a public hearing to consider the preliminary plan submittal, which shall include the following information:
(a)
Evidence of ownership; location and description of site; dimensions and area;
(b)
General topography and natural features;
(c)
Scale, North arrow, date of plan;
(d)
Existing zoning and land use of the site and adjacent parcels; location of existing building, drives and streets on the site and adjacent parcels;
(e)
Location, type and land area of each proposed land use;
(f)
Estimated location, size and uses of open space;
(g)
General form of ownership and maintenance;
(h)
General landscape concept, including existing features to be maintained;
(i)
General description of existing and proposed utilities;
(j)
Conceptual site plan with road layout, parking, and interior circulation;
(k)
Development phases, if applicable; and
(l)
Development agreement and conceptual elevations which denotes the range of lot area, building height, lot coverage, and placement (i.e., setbacks) requirements; regulations for external and internal circulation; building massing, materials (color, type and texture), and roof type; parking/loading regulations (location, quantity, materials, size, screening); signage standards; open space/community amenities; lighting standards, etc.
(2)
Final. Following conceptual site layout and development agreement review by the Planning Commission, and subsequent approval by the Township Board, a final site plan (by phase or entirety) shall be submitted in accordance with the informational requirements and criteria of § 530-12. Each final plan submittal shall be reviewed by the Planning and Zoning Director, Zoning Administrator, engineering consultant, Water Department, Building Department, and any others deemed necessary. Deviations from the preliminary plan may be subject to Planning Commission and/or Township Board review. Upon approval, the plans shall be effective for 24 months, after which the plans shall be considered null and void.
B.
Area, height, bulk, and placement requirements. Buildings and uses in the PDA district are subject to the following:
(1)
Front yard. There shall be no less than a thirty-five-foot setback for Sibley, Vining, and Wahrman Roads, a thirty-foot setback along Prescott, Pennsylvania, and Wayne Roads, and a twenty-foot setback along all other roads; however, a lesser building setback may be considered for noncommercial (i.e., nonretail) uses when no more than two tiers of parking is provided within the front yard. Additionally, all such areas shall be densely landscaped with no less than a double staggered row of evergreens.
(2)
Side yard. The side yard setback shall be determined based upon the proximity to another building, the associated uses within, and the mass and scale of the two buildings. However, in no case shall there be less than 20 feet between buildings in the side yard(s), unless a non-self-created hardship exists.
(3)
Rear yard. The necessity for a rear yard setback shall be determined based upon the types of uses contained within, and its proximity to other rear-facing buildings. However, in no case shall there be less than 20 feet between buildings in the rear yard(s), unless a non-self-created hardship exists.
(4)
Residential setback. No less than a fifty-foot setback is required when located adjacent to a property zoned and/or used for residential purposes.
(5)
Height regulations. No building or structure shall exceed seven stories or 100 feet. However, when a building is to be located (as measured at the property line) within 300 feet of a property zoned and/or used for residential purposes, it shall be no more than four stories or 50 feet. Height shall be measured to the top of the parapet and/or midpoint of a pitched roof (excludes rooftop equipment).
C.
Access. Access to public roads for both pedestrians and vehicles shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service area shall be subject to the following restrictions:
(1)
Rear loading access. All buildings shall be served by a rear alley or other demonstrated means of rear access for loading and unloading for warehouse deliveries.
(3)
Cross access. Wherever practical, provisions for circulation between adjacent parcels shall be provided through coordinated or joint parking and circulations systems.
(4)
Driveways. Wherever practical, driveways shall be shared to minimize congestion and potential conflicts on the adjacent public roads. Additionally, on Sibley Road, curb cuts shall be limited to no less than 650 feet apart, unless a non-self-created hardship exists.
D.
Open/public space requirement and computation. No less than 20% (50% of which may be wetlands) of the total land area contained within the preliminary site plan application (10% per building site) shall be maintained as open/public space areas. Wetlands and county drains shall not be used towards compliance with the minimum standards per building site. However, retention/detention basins may be used towards compliance with the minimum total open space as well as building site open space standards. Open space shall be arranged in a manner which will provide connections to other open space and preservations areas on the same and/or contiguous sites. Preservation of natural features shall receive the highest priority in meeting the open space requirement. Each building site shall also include at least two of the following: patio/seating area, pedestrian plaza with benches, outdoor recreational space, kiosk area, water feature, focal feature, or amenity that, in the judgment of the Township, adequately enhances such community public spaces. Any such areas shall have direct access to the pedestrian pathways/sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. Two adjacent occupants may provide combined open/public space amenities where the resulting space is more beneficial to the Township due to size and location.
E.
Parking/loading. All off-street parking areas shall conform to Article X unless a stricter provision is provided below:
(1)
Off-street parking. There shall be no less than a thirty-five-foot setback along Sibley, Vining, and Wahrman Roads, a thirty-foot parking lot setback along Prescott, Pennsylvania and Wayne Roads, and a twenty-foot setback along all other roads; however, a lesser setback may be considered for noncommercial (i.e., nonretail) uses when no more than two tiers of parking is provided within the front yard. Interior setbacks shall be no less than 10 feet unless located adjacent to a residentially zoned and/or used parcel which requires a thirty-foot setback.
(2)
Loading and unloading. All loading areas shall be located within rear yard areas.
(3)
Modifications. To minimize the quantity of unnecessary pavement, the quantity of required off-street parking and loading/unloading spaces may be reduced and/or banked through a mutual agreement with the developer/property owner. All such reductions/deviations shall be detailed in the development agreement.
F.
Pedestrian pathways/sidewalks. Vehicular access and circulation shall be planned to ensure safe pedestrian movement within the development area. Pedestrian systems shall provide safe, all-weather surface, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall site design concept. Pedestrian sidewalk connections to parking areas, buildings, other amenities, and between on-site and perimeter pedestrian systems shall be planned and installed wherever practical. All sidewalks and pathways shall be a minimum of five feet wide, constructed of concrete or similar material. However, when a pathway is located along a county drain, it shall be no less than eight feet wide and constructed of a combination of pervious and impervious materials. A pedestrian sidewalk/pathway master plan shall be submitted as a part of the preliminary plan and each shall comply with the above-noted criteria.
G.
Signage. All signs permitted within this district shall be subject to the provisions of Article IX, Signs, unless a different provision is provided below. The intent of this section is to ensure that signs shall be compatible in size, design, appearance, and material, and subject to the following requirements and standards:
(1)
Billboards and roof signs are strictly prohibited.
(2)
No signs shall be attached to exterior glass, nor contain exposed neon tubing.
(3)
All signs shall be designed to be integral and compatible with the architecture and landscaping components of the development.
(4)
Conceptual sign designs shall be submitted with the preliminary plan submittal.
(5)
Wall signs.
(a)
Multi-tenant buildings with a shared entrance may have one wall sign that measures 1.5 times the total area permitted for a wall sign.
(b)
Multi-tenant buildings with separate entrances may each have one wall sign per tenant that complies with the sign area permitted in this subsection.
(c)
Corner tenants may have two signs, one on the face of each facade facing a public road. The second sign may measure up to 75% of the area permitted for the principal wall sign.
(d)
The face of each wall sign shall measure no larger than 75 square feet. However, an additional 25 square feet may be approved by the Planning Commission when the following criteria are met:
(e)
All walls signs, if illuminated, shall be illuminated in a manner that is not intermittent, or causes a hazard to others.
(6)
Ground (freestanding) signs.
(a)
Only one ground sign is permitted at each perimeter road entryway, provided it identifies multiple tenants and/or the name of the development. A secondary ground sign fronting on an interior road entryway is also permitted, provided it does not exceed 75% of the permitted perimeter road signage. The interior road signage shall be located at the driveway entrance to the building and shall only identify the occupants of the building.
(b)
All ground signs shall be set back a minimum of 10 feet from the public right-of-way and public utility easements, 10 feet from the edge of the pavement of any driveway and 10 feet from the public sidewalk.
(c)
No ground sign shall be within 100 feet of another ground sign.
(d)
All ground signs, if illuminated, shall be illuminated in a manner that is not intermittent or causes a hazard to others.
(e)
All ground signs shall be no taller than 10 feet above grade.
(f)
No ground sign message area shall exceed 80 square feet per side (excludes sign structure).
(g)
The base of all signs shall be of equal length as the sign surface area and constructed of a masonry material.
H.
Lighting. All lighting shall conform to the requirements of § 530-116 in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details, unless a contradictory provision exists below.
(1)
All streetlighting shall be installed in accordance with Township standards.
(2)
Architectural lighting, which is strongly recommended, shall articulate the particular building design, as well as provide the required functional lighting for safety of pedestrian movement.
(3)
Pedestrian walk lighting shall clearly identify the pedestrian walkway and direction of travel.
(4)
No light poles shall exceed 25 feet from grade. However, in all cases the lights shall be a consistent height throughout the development area.
I.
Landscaping/greenbelts/buffers/screening elements. All landscape features of the site shall conform to the requirements detailed in § 530-117 in order to ensure that the image of the Township is promoted by the organization, unification, and character of the district. However, the following shall also apply:
(1)
Where a thirty-five-foot parking lot setback is required, a landscaped 4:1 sloped berm shall be located within the setback, and landscaped in accordance with § 530-117D.
(2)
Where a thirty-foot parking lot setback is required, a landscaped 3:1 sloped berm shall be located within the setback and landscaped in accordance with § 530-117D.
(3)
Where a twenty-foot parking lot setback is required, there is no requirement for a berm, but the setback area shall be landscaped in accordance with § 530-117D.
(4)
Where deemed necessary by the Planning Commission, a decorative wall/fence (brick, wrought iron, etc.) may be used in place of, or in combination with, the above noted berm and landscaping requirements.
J.
General site design/architectural guidelines for nonresidential uses. It is the intent of the district to provide an environment of high quality and complementary building architecture and site design. Special emphasis shall be placed upon methods that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the streetscape.
(1)
Miscellaneous design criteria.
(a)
Building entries shall be readily identifiable and accessible, with at least one main entrance facing and open directly onto a connecting walkway with pedestrian frontage.
(b)
Architecture will be evaluated based upon its compatibility and relationships to the landscape, and vice versa.
(c)
LEED certified projects are strongly encouraged.
(2)
Building massing and form.
(a)
Commercial (i.e., retail) buildings:
[1]
Architectural interest shall be provided with repetitious patterns of color, texture, and material modules, at least one of which shall repeat horizontally. Each module should repeat at intervals of no more than 50 feet.
[2]
Building facades greater than 100 feet in length shall incorporate recesses, projections, or spandrel windows along at least 20% of the length.
[3]
Windows, awnings, and arcades must total at least 60% of a facade length abutting a public street or connecting pedestrian frontage. The scale of each shall be compatible with that of the building height and length.
[4]
Primary building entrances shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade, or portico in order to provide shelter from the summer sun and winter weather.
(b)
Industrial and office buildings:
[1]
Architectural interest shall be provided with repetitious patterns of color, texture, and material modules that continue around the entire building perimeter. Each horizontal module should repeat at intervals of no more than 50 feet, while vertical modules shall repeat at intervals of no more than 100 feet.
[2]
Building facades greater than 100 feet in length shall incorporate recesses or projections along at least 20% of the length of the front facade.
[3]
Windows of a scale comparable to the structure's height and length shall be provided at each entryway.
(3)
Materials.
(a)
Low maintenance shall be a major consideration.
(b)
Materials shall blend with those existing on adjacent properties within the district.
(c)
One dominant material shall be selected, with a preference towards masonry, brick, and stone.
(d)
Preengineered metal buildings, corrugated metal siding, and other similar materials are prohibited. The use of EFIS/dryvit is only permitted when located no less than 10 feet above grade.
(4)
Building roofs.
(a)
In instances where roof vents, roof-mounted mechanical equipment, pipes, etc., can be viewed from above, they shall be grouped together (if feasible), painted to match roof color to reduce their appearance.
(b)
In instances where flat roof areas can be viewed from below, all roof vents, roof-mounted mechanical equipment, pipes, etc., shall be screened from view.
(c)
Where practical for commercial (i.e., retail) uses, there shall be variations in roof lines to reduce the massive scale of the structure and add visual interest.
(d)
Green roof systems are strongly encouraged.
(5)
Color and texture.
K.
Loading docks, outdoor storage, and refuse collection areas.
(1)
Loading docks and refuse collection areas are prohibited within the front yard and shall not be visible from the front yard.
(2)
No outside storage shall be permitted within the front yard and visible from the public road right-of-way. All such areas shall be screened with a decorative masonry wall that complements the building materials of the principal structure.
(3)
Refuse collection area screening materials shall be comparable to those of the principal structure. Three sides shall be a masonry product while the fourth shall be a lockable gate, each being no less than six feet tall, or one foot taller than the dumpster/trash compactor. Where feasible, these areas shall be incorporated into the principal walls of the structure.
(4)
Loading docks and refuse collection areas shall not be visible from adjacent residentially zoned and/or used parcels.
L.
Screening of exterior mechanical/electrical equipment and transformers.
(1)
Transformers that may be visible from the public road shall be screened with a durable noncombustible enclosure that is compatible with the overall architectural theme. Where feasible, the screen walls shall be incorporated into the principal walls of the structure.
(2)
Exterior-mounted electrical equipment shall be located where it is substantially screened form public view. Such equipment shall never be located on the street side or primary exposure side of any building. Screening shall be a combination of either plantings or a durable noncombustible enclosure. The preference is for a wall that is integrated into the principal walls of the structure.
M.
Utilities and communication devices.
(1)
All exterior on-site utilities, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment, shall be installed and maintained underground whenever possible.
(2)
On-site underground utilities shall be designed and installed to minimize disruption of off-site utilities, paving, and landscape during construction and maintenance, and shall comply with the Township's engineering standards.
(3)
The entire development shall be constructed to provide a wireless Internet system.
N.
Cross-parcel coordination. The intent of the PDA District is to provide a continuous development pattern that flows between uses and developments. Therefore, a developer shall show proof that an attempt has been made to coordinate all elements of a development with existing adjacent developments and property owners to ensure a coordinated development pattern within the area.
§ 530-110.1 Tattoo studio and massage therapist regulations.
[Added 7-12-2023 by Ord. No. 23-08]
A.
A tattoo studio or massage therapist must be licensed by the Department of Licensing and Regulatory Affairs, Bureau of Health Professions, or the Michigan Department of Health and Human Services, as is appropriate. All licenses shall be prominently displayed on the premises. Upon request of any officer of the Township, licenses shall be provided for review and verification.
B.
Tattoo studios shall be part of, and have an additional function, in addition to body art application, including, but not limited to, art gallery space, an arts workshop, merchandise counter, studio space, or like uses. Massage therapy uses shall be part of wellness spas, hotel/motel resorts, art studios, salons, health clubs, or like uses.
C.
Any artwork on public display/within street view shall be appropriate for all ages.
D.
Tattoos will only be made on individuals 18 years of age or older, with a legal ID as proof of age shown before any procedure.
E.
Authorized location. No more than one tattoo studio and one massage therapist facility use are permitted in the New Boston Central Business District or the Waltz Central Business District.
F.
These uses shall not be permitted within 500 feet of a church or school unless same are otherwise specifically allowed by the Planning Commission. If permitted within said distance, no signage may be displayed.
G.
Hours of operation shall be between 10:00 a.m. to 9:00 p.m., Monday through Saturday.
H.
Alcoholic beverages shall not be served, offered or consumed on-site.
I.
Inspection. Every establishment operated as a licensed tattoo studio or massage therapy establishment shall be open for inspection by duly authorized representatives of the Public Safety, Planning, or Building Department during operating hours for the purpose of enforcing any provision of this section, or any other ordinance, law, or regulation of the Township, county, or state relating to public health, safety and welfare. It shall be unlawful for any person to refuse entry by Township representatives to the premises in which these establishments are being operated for the purpose of making lawful inspections.