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Macomb Township City Zoning Code

ARTICLE XXIII

SPECIAL LAND DEVELOPMENT DISTRICT SLD

Sec. 10.2301.- Intent.

The Special Land Development District (SLD) is designed to address uses, which may be temporary, because of their unique characteristics and/or effects upon public health, safety, welfare or morals.

Sec. 10.2302. - Permitted uses.

No structure or part thereof shall be erected, altered or used and no land shall be used except for one or more of the following purposes:

A.

Mining and extraction.

1.

All extraction operations shall be only allowed subject to the provisions of this Ordinance and subject further to the satisfactory preparation of the land for an approved special land use.

2.

Sand and gravel mining or extraction, similar removal operations, quarry excavating and land stripping may be permitted only in this district.

3.

Such use shall be located on a site of not less than forty (40) acres.

B.

Concrete and asphalt crushing plants, rock crushing, subject to the following:

1.

Such use shall be located on a site of not less than ten (10) acres.

2.

Such site shall (except for frontage on a public street) abut only land located within an M-2 district. No portion of the site shall be located closer than one thousand five hundred (1,500) feet from any residentially zoned properties. The entire site shall be enclosed on all sides within a decorative skirting masonry wall of at least eight (8) feet in height and of sufficient strength and durability to serve as a retaining wall.

3.

All driveways and surface roads on the premises shall be paved with concrete.

4.

All materials brought in to be recycled and/or crushed shall be stored on concrete pads at a height not to exceed fifteen (15) feet. Sprinklers with automatic timers shall be installed to keep materials awaiting processing moist and free from a generation of fugitive dust.

5.

The facility and all of its operations shall comply with all of the performance standards set by the applicable federal, state, county and local statutes, regulations, rules, orders and ordinances. Systems shall be employed to contain and process all emitted or discharged materials from the facility in an environmentally sound manner.

6.

The crushing plant and associated equipment shall be constructed with materials so as to enclose all equipment (except vehicles) which generate significant levels of noise.

7.

No equipment utilized for crushing shall be located less than two hundred (200) feet from any property line on the premises.

8.

Exterior storage shall be limited to the storage of products that are to be, or have been, crushed; and operable vehicles and equipment used at the facility.

C.

Concrete and asphalt plants, subject to the following:

1.

Such use shall be located on a site of not less than ten (10) acres.

2.

Such site shall abut only land located within an M-2 District. No portion of the site shall be located closer than one thousand three hundred twenty (1,320) feet from any residentially zoned property.

3.

Screening along the perimeter of the site shall be required as determined by the Planning Commission in order to minimize any adverse effect on adjacent property owners.

4.

All driveways and service roads on the premises shall be paved with concrete.

5.

All areas of the site, which are not paved for parking, driveways, loading or operation, shall be landscaped and maintained.

6.

All aggregate and bulk materials shall be stored in concrete bunkers. Such storage shall not exceed fifteen (15) feet in height. The bunkers shall be equipped with sprinklers operated by automatic timers to keep materials moist and to control fugitive dust.

7.

The plant shall be constructed so as to enclose all equipment except vehicles which do not generate significant levels of noise.

8.

The facility and all of its operations shall strictly comply with all applicable federal, state, county and local statutes, regulations, rules, order and ordinances.

Systems shall be employed to contain and process all discharged materials from the facility in an environmentally sound manner.

9.

The facility shall be equipped with an approved waste water recycling system to avoid contaminated water or liquids from being discharged to ground water, surface water or storm sewers. This shall include a wash-out, wash-down system to recover and recycle particles of cement and/or asphalt and other by-products processed from trucks used to transfer the product. The drainage system shall be designed and constructed in a way to prevent contaminated water, liquids or sediments from entering the storm or sanitary sewer in an untreated form.

10.

The facilities shall be equipped with approved air pollution control with system to ensure that no offensive smoke, dirt particles or odors are discharged into the environment that would be a nuisance to neighboring property owners or other residents of the Township.

11.

No part of the structure which is utilized to manufacture or process the product shall be located less than one hundred (100) feet from any property line on the premises.

12.

All on-site and off-site utilities and improvements required by the Township shall be installed in accordance with applicable Township standards prior to operation.

13.

Exterior storage shall be limited to the storage of aggregate and bulk material in bunkers, operable vehicles, and equipment used to transport the materials for processing at the facility. No inoperable vehicles and equipment shall be stored on the property. This provision shall not prohibit maintenance and repair of vehicles or equipment in an enclosed building.

D.

Accessory uses permitted: Accessory buildings and uses customarily incidental to the principal permitted uses are permitted, including the following:

1.

Operations required to maintain or support any use permitted above on the same lot at the permitted use, such as maintenance shops, power facilities, government facilities, public utilities and medical facilities.

2.

Sleeping quarters for security and maintenance personnel. Such quarters shall not be constructed as permanent housekeeping facilities or units for family living, except as may be permitted in conjunction with an approved mini-warehouse.

3.

Accessory buildings and uses, including special plants to treat industrial wastes.

Sec. 10.2303. - Special Land uses permitted.

Buildings and structures and parts thereof may be erected, altered or used and land may be used for one or more of the following purposes subject to the approval of the Macomb Township Planning Commission and subject to the Special Land use permit procedures at Section 10.2401 of this ordinance.

A.

Refuse and garbage incinerators, subject to the following:

1.

Such use shall be located on a site of not less than twenty (20) acres.

2.

Such site shall (except for frontage on a public street) abut only land located within an M-2 District, and one property line shall abut a railroad right-of-way.

3.

Screening along the perimeter of the site shall be required as determined by the Planning Commission.

4.

All roads on the premises shall be paved with concrete or a bituminous hard surface.

5.

Adequate standing and parking facilities shall be provided on the site so that no packer or other collection vehicles at any time stands on a public right-of-way awaiting entrance to the site.

6.

No part of the structure in which any incinerator furnace is housed shall be located less than two hundred (200) feet from any property line on the premises or less than four hundred (400) feet from any public street or highway right-of-way.

7.

Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitators or other equipment of equal or better efficiency, which shall meet all applicable federal, state or local air pollution control regulations.

8.

Loaded packer or other collection vehicles shall be unloaded and the loads placed in the incinerator within one hour after the vehicles arrival on the premises.

9.

The proposed plan of operation shall be approved by the Macomb County Health Department and Michigan Department of Natural Resources prior to issuance of a certificate of compliance.

10.

The storage and disposal of ash shall be regulated by the appropriate county, state or federal authorities. No ash shall be stored closer than one hundred (100) feet to any property line.

11.

No portion of the site shall be located within one thousand three hundred twenty (1,320) feet from any residential zoning district.

B.

Refuse transfer and recycling stations, subject to the following:

1.

Such use shall be located on a site of not less than ten (10) acres.

2.

Such site shall (except for frontage on a public street) abut only land located within an M-2 District.

3.

Screening along the perimeter of the site shall be required as determined by the Planning Commission.

4.

All areas adjacent to the transfer point, such as tipping floor, the turning area, and the area supporting the trailer while it is being packed, shall be paved with concrete.

5.

Adequate standing and parking facilities shall be provided on the site so that no packers or other collection vehicles at any time stand on a public right-of-way awaiting entrance to the site. The standing and parking facilities shall be paved with concrete.

6.

No part of the structure in which any transfer operation is housed shall be located less than fifty (50) feet from any property line on the premises.

7.

Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitators or other equipment of equal or better efficiency, which shall meet all applicable federal, state and local air pollution control regulations.

8.

The transfer facility and the adjacent area shall be kept clean and free of litter.

9.

Sewage, solid or liquid and other liquids or dangerous substances in quantities considered to be detrimental to the operation of the transfer facility shall be excluded. An exception may be considered when the type of material, the equipment and method of handling have been submitted for approval. This provision in no way precludes the right of the transfer facility operator to exclude any material as a part of his operational standards.

10.

All salvage and transfer operations shall be conducted wholly within an enclosed building.

11.

If refuse is to remain at the transfer facility beyond the working day, such material shall be stored in a leakproof, fly and rodent resistant structure or container.

12.

Equipment adequate in size and quantity, and in an operational condition, shall be available at all times. If, for any reason, the transfer facility is rendered inoperable for more than twenty-four (24) hours, an alternate method, as approved by the City, shall be available to handle the refuse.

13.

No refuse shall be burned at the transfer facility. Arrangements shall be made for adequate fire protection and extinguishing of accidental fires. Refuse which is burning, or at a temperature which is likely to cause a fire, or is of highly flammable or explosive nature, shall not be acceptable in the transfer facility.

14.

The proposed plan of operation shall be approved by the Macomb County Health Department, or other applicable agencies, prior to the issuance of a certificate of compliance.

15.

All roads on the premises shall be paved with concrete or a bituminous hard surface.

16.

No portion of the site shall be located within one thousand three hundred twenty (1,320) feet from any residential zoning district.

17.

A sufficient number of containers shall be available to preclude excessive refuse storage in the building awaiting transfer. No overflow containers shall be permitted.

C.

Fertilizer manufacturing, commercial and composting, subject to the following conditions:

1.

Such use shall be located on a site of not less than forty (40) acres.

2.

No portion of the site shall be located within one thousand three hundred twenty (1,320) feet from any residential zoning district.

3.

All roads on the premises shall be paved with concrete or a bituminous hard surface.

4.

The proposed plan of operation shall be approved by the Macomb County Health Department, the Michigan State Department of Natural Resources (DNR) and other applicable agencies, prior to the issuance of a certificate of occupancy.

5.

No refuse shall be burned on the site.

6.

All toxic, radioactive and other dangerous substances considered to be detrimental to public health shall be prohibited.

7.

Any structures on the site shall be located no closer than one hundred (100) feet from the property line.

8.

Adequate standing and parking facilities shall be provided on the site so that no vehicles at any time stand on a public right-of-way awaiting entrance to the site. The standing and parking facilities shall be paved with concrete.

9.

All vehicles on the site shall be stored within enclosed buildings.

10.

The petitioner shall submit as a part of the application, the following:

a.

An environmental impact statement addressing the impact the site will have on the water, soil and air of the surrounding community.

b.

The method and time frame of the operation.

c.

A reclamation plan.

d.

A reuse plan.

e.

A traffic plan depicting the roads utilized within the Township and time and frequency of use.

11.

The public road system utilized within the Township for the transport route to be hard surfaced.

(Ord. No. 10-6, § 1.4, 12-8-99)

Sec. 10.2304. - Site limitations.

A.

Minimum size of each parcel:

1.

Area: As stated in each use requirements.

2.

Width: Five hundred (500) feet.

3.

Depth: Five hundred (500) feet.

4.

Ratio: Depth not to exceed three (3) times the width.

5.

The area, width and depth of parcels as noted above shall be determined excluding the proposed right-of-way of any abutting streets as noted in the Master Thoroughfare Plan for Macomb Township.

B.

Maximum height of any structure: Forty (40) feet.

C.

Minimum building floor area: Seven hundred (700) square feet.

D.

Minimum yard setback:

1.

Front and street - side setbacks shall be provided in accordance with Section 10.0311.

Front and street - side setbacks, for excavations, buildings and parking areas shall be maintained in accordance with the following dimensions as measured from the center line of the street upon which the property is located. For reference, the street or road definitions are those defined in the Macomb Township Master Thoroughfare Plan.

ROAD OR STREET SETBACK FROM CENTER LINE
204' major road 202 feet
150' major road 175 feet
120' major road 160 feet
86' collector road 143 feet
70' industrial road 135 feet
60' local road 130 feet

 

In the case of M-59 (Hall Road) and Gratiot Avenue, setbacks shall be one hundred (100) feet as measured from the right-of-way line as established by the Michigan Department of Transportation.

2.

Side yard:

A.

Abutting agricultural and residential zones or uses: Five hundred (500) feet.

B.

Abutting all other zones or uses: One hundred (100) feet.

3.

Rear yard:

A.

Abutting agricultural and residential zones or uses: Five hundred (500) feet.

B.

Abutting all other zones or uses: One hundred (100) feet.

E.

Maximum lot coverage: Fifty (50) per cent.

F.

Distance between buildings: Twenty-five (25) feet.

G.

Screening requirements: All uses shall provide an eight (8) foot high chain link fence and a twenty (20) foot wide greenbelt on all sides. All sites fronting on a public right-of-way shall provide a front yard setback as required by the zoning district and be developed in accordance with the standards of this ordinance.

H.

Off-street parking requirements: As per Section 10.0323 of this Ordinance.

I.

Reserved.

J.

Lighting requirements: All external lighting shall be directed and deflected so as not to shine on abutting properties as per Section 10.0340.

(Ord. No. 10-40, § 1, 7-22-09)