SITE DEVELOPMENT STANDARDS
Each use listed in this article, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use that is of an area, intensity or type, or that possesses characteristics that are unique or atypical for the district in which the use is allowed. These standards are intended to ensure that such uses will be compatible with surrounding land uses and ensure the orderly development of the district. Conformance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.
(Ord. of 7-16-1992, § 7.01)
(a)
Automobile or vehicle sales. Automobile or vehicle sales operations with repair facilities or outdoor sales space shall be subject to the requirements in this subsection (a). These requirements shall apply to any operation involving the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles.
(1)
Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the building official.
(2)
Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least 50 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).
(3)
Servicing of vehicles. All servicing of vehicles shall be subject to the following requirements:
a.
Service activities shall be clearly incidental to the vehicle sales operation.
b.
Vehicle service activities shall occur within a completely enclosed building.
c.
Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.
d.
Buildings containing the service operations shall be located a minimum of 30 feet from any abutting residential property line.
e.
There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the interior of the service building.
f.
Buildings should be oriented so that open bays, particularly for self-service automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall pursuant to article VIII of this chapter.
(4)
Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.
(5)
Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in section 32-691(b)(1).
(6)
Minimum lot area. The minimum lot area required for such uses shall be two acres.
(b)
Automobile filling stations, automobile or vehicle service stations, automobile repair garages. The following regulations shall apply to automobile filling stations and automobile or vehicle service stations, including tire, battery, muffler and undercoating shops:
(1)
Minimum lot area. The minimum lot area required for such uses shall be 20,000 square feet.
(2)
Minimum lot width. The minimum lot width required for such uses shall be 150 feet.
(3)
Minimum setbacks. Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides that abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements:
(4)
Ingress and egress. Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near a vehicular or pedestrian entrances or crossings.
(5)
Curbs. A curb of at least six inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.
(6)
Layout. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building. Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings, or adjoining property while being served. Adequate vehicle parking and stacking spaces shall be provided as required in article VI of this chapter.
(7)
Orientation of open bays. Buildings shall be oriented so that open service bays do not face onto adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall per article VIII of this chapter.
(8)
Outside storage. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding 48 hours, provided that such vehicles are stored in the rear yard within a masonry screening wall that is not less than six feet in height.
(9)
Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is prohibited except in conformance with this chapter.
(c)
Automobile wash or carwash establishment. The following regulations shall apply to automobile wash or carwash establishments:
(1)
Minimum lot area. The minimum lot area required for automobile or carwash establishments shall be 10,000 square feet.
(2)
Layout. All washing activities shall be carried on within a fully enclosed building. Vacuum activities shall be permitted in the rear yard only, provided such activities are located at least 25 feet from adjacent residentially zoned or used property. Entrances and exists shall not face abutting residentially zoned or used property. Adequate vehicle parking and stacking spaces shall be provided as required in article VI of this chapter.
(3)
Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located within the carwash property. Sufficient maneuvering area shall be provided within the site to access all service areas. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.
(4)
Orientation of open bays. Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per article VIII of this chapter.
(5)
Drainage. Paved areas be sloped in a manner to drain all vehicular wash water to the drainage gates and prevent stormwater runoff from entering sanitary sewer connections.
(d)
Drive-in establishments.
(1)
Setbacks. Buildings or other structures used for the purpose of a drive-in establishment shall be set back a minimum of 50 feet from any street right-of-way line.
(2)
Location of driveways. Driveways serving drive-in establishments shall provide direct access from a major thoroughfare or arterial road. The nearest edge of any entrance or exit drive shall be located no closer than 25 feet from any street or road intersection, as measured from the nearest intersection right-of-way line.
(3)
Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned or used for residential purposes or properties zoned for commercial, or office use, subject to the requirements in article VIII of this chapter.
(e)
Fast food and drive-through restaurants. The following regulations shall apply to fast-food and drive-through restaurants:
(1)
Minimum frontage. The site shall have a minimum of 150 feet of frontage on a major thoroughfare.
(2)
Location of driveways. Ingress and egress points shall be located no closer than 25 feet from the intersection of any two streets (measured from the nearest right-of-way line). Points of vehicular ingress and egress shall be limited to the thoroughfare having business zoned frontage only. The minimum distance between driveways providing off-site ingress or egress shall be at least 50 feet measured from the two closest driveway curbs.
(3)
Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned or used for residential purposes, or zoned for commercial, or office use, subject to the requirements in article VIII of this chapter.
(4)
Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.
(5)
Stacking spaces. A restaurant with a drive-through window shall provide stacking spaces for each drive-through window as required in the schedule of off-street parking, section 32-691
(f)
Funeral homes or mortuaries. The following regulations shall apply to funeral homes and mortuaries:
(1)
Assembly area. An adequate assembly area shall be provided off-street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.
(2)
Screening. The service and loading area shall be obscured from adjacent residential areas in accordance with article VIII of this chapter.
(3)
Caretaker's residence. A caretaker's residence may be provided within the main building of the funeral home or as an approved accessory building on the site, subject to the provisions of this chapter.
(g)
Group child care home, child care center. The following regulations shall apply to group child care homes, child care centers, nursery schools, day nurseries, and preschools:
(1)
Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the state department of humanservices and shall comply with the minimum standards outlined for such facilities.
(2)
Outdoor play area. A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a greenbelt in accordance with the requirements in article VII of this chapter.
(3)
Setbacks. Child care centers shall have a minimum side yard setback of at least 25 feet.
(h)
Hospitals. The following regulations shall apply to hospitals:
(1)
Lot area. The minimum lot area for a hospital site shall be five acres.
(2)
Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 50 feet from any property line. The planning commission may allow the placement of an eight-foot high obscuring masonry wall at the property line in lieu of the setback requirement.
(3)
Screening. Ambulance, emergency entrance areas, and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping, or a masonry wall.
(4)
State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act No. 299 of 1947 (MCL 331.501 et seq.).
(i)
Junkyards. The following regulations shall apply to junkyards:
(1)
Minimum lot area. The minimum lot area for a junkyard shall be five acres.
(2)
Location. A parcel of land used for a junkyard shall abut only nonresidential or noncommercial land uses or zoning districts.
(3)
Setbacks. A minimum setback of 70 feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing, and junk materials shall be set back at least 70 feet from any road or highway right-of-way line, and at least 200 feet from any property line that abuts property zoned or used for residential purposes.
(4)
Screening. The entire junkyard site shall be screened from view with an eight-foot obscuring masonry wall, constructed in accordance with article VIII of this chapter. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any temporary or permanent signs or symbols painted or placed upon it.
(5)
Surfacing. All roads, driveways, parking lots, and loading and unloading areas shall be paved and provide adequate drainage.
(6)
Regulated activities. All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicles being stored on the site.
(7)
Permits. All required township, county, and state permits shall be obtained prior to establishing a junkyard.
(j)
Kennels. The following regulations shall apply to kennels:
(1)
Private kennels. Private kennels to house only the animals owned by the occupant of the dwelling unit shall be permitted subject to the following:
a.
The lot on which any such kennel is located shall have a minimum lot area of 20,000 square feet.
b.
No more than six animals over the age of six months shall be housed in a private kennel.
c.
Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.
(2)
Commercial kennels. Commercial kennels shall be subject to the following standards:
a.
Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.
b.
The lot on which any such kennel is located shall have a minimum lot area of one acres. If more than four animals are housed in the kennel, an additional one acre shall be required for every additional ten animals (or fraction thereof).
c.
Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.
(k)
Miniwarehouses. The following regulations shall apply to miniwarehouses:
(1)
Lot area. The minimum lot area for miniwarehouses shall be one acre.
(2)
Permitted use. Miniwarehouse establishments shall provide for inside storage only. All storage must be completely contained within enclosed buildings.
(3)
Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot high masonry wall, constructed in accordance with article VIII of this chapter.
(4)
Orientation of open bays. Buildings must be oriented so that open service bays do not face adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall in compliance with article VIII of this chapter.
(5)
Exterior appearance. The exterior of any miniwarehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.
(6)
Resident manager. A resident manager may be permitted on site with the responsibility of maintaining the operation of the facility in conformance with the conditions of the approval. The manager's residence shall conform with the provision of this chapter.
(7)
On-site circulation and parking.
a.
All one-way driveways shall be designed with one ten-foot wide loading/unloading lane and one 15-foot travel lane.
b.
All two-way driveways shall be designed with one ten-foot wide loading/unloading lane and two 12-foot travel lanes.
c.
The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.
(l)
Motels and hotels. The following regulations shall apply to motels or hotels:
(1)
Lot area. The minimum lot area for a motel or hotel shall be three acres.
(2)
Accessory facilities. A motel or hotel must include at least one of the following amenities:
a.
An attached dining room with seating capacity for at least 20 occupants at the same time, serviced by a full service kitchen; or
b.
An unattached standard restaurant, as defined in section 32-4, with seating capacity for not less than 50 occupants, located on the same site as the motel or on a site contiguous with the motel and developed simultaneously or in advance of the motel site.
(3)
Design. Each unit available for rental within a motel or hotel shall contain a bath and at least one bedroom and encompass a minimum gross floor area of 300 square feet.
(4)
Services. A motel or hotel shall provide customary motel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.
(m)
Nursing homes, convalescent homes, rest homes, orphanages, and half-way houses. The following regulations shall apply to nursing homes, convalescent homes, rest homes, orphanages, and half-way houses:
(1)
Minimum lot area. The minimum lot area for such facilities shall be one acre.
(2)
Frontage and access. Such uses shall front onto a major thoroughfare and the main means of access to the site for residents or patients, visitors, and employees shall be via the thoroughfare. In no case shall primary access to a nursing home, convalescent home, or rest home be limited to a residential street.
(3)
Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 30 feet from any property lines.
(4)
Open space. Any such facility shall provide a minimum of 150 square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.
(5)
State and federal regulations. Nursing homes, convalescent homes, rest homes, orphanages and half-way houses shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(n)
Open-air business. The following regulations shall apply to permanent open-air businesses:
(1)
Minimum lot area. The minimum lot area for open-air businesses shall be 10,000 sq. ft.
(2)
Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least 50 feet from any street or road intersection (as measured from the nearest intersection right-of-way) and at least 20 feet from any side property line.
(3)
Parking setback. Parking shall be setback a minimum of ten feet from any road right-of-way line.
(4)
Lot width. The minimum lot width for open-air businesses shall be 100 feet.
(5)
Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alleys.
(6)
Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks, or tractors that are for sale, rent, or lease shall comply with the requirements in section 32-765(a).
(7)
Plant material nursery. Nurseries that deal with plant materials shall comply with the following:
a.
Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.
b.
The storage of soil, wood chips, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.
(o)
Restaurant site requirements.
(1)
Access. Points of vehicular ingress and egress shall be limited to the thoroughfares with business zoned frontage only.
(2)
Screening. A restaurant with a rear or side yard abutting any noncommercial district shall provide a permanent obscuring wall, per the requirements of article X of this chapter, along the full length of each abutting property line.
(3)
Vehicular storage. Parking and vehicular storage in excess of 24 consecutive hours shall be prohibited at all times on the premises, and the owner, franchisee holder or lessee shall post a sign or signs giving notice that all parked or stored vehicles are subject to ticketing and removal at the owner's expense.
(4)
Rubbish and debris. Each restaurant site shall be kept free of rubbish and debris and the grass and other landscaping shall be well maintained so as to present a neat and attractive appearance at all times.
(p)
Radio and television towers, commercial and public. The following regulations shall apply to commercial and public radio and television towers, microwave towers, and other communication antennas/towers:
(1)
Fencing. An open weave, six foot high chainlink fence shall be constructed around the entire perimeter, in accordance with this chapter.
(2)
State and federal regulations. Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(q)
Recreation facilities.
(1)
Outdoor recreation facilities. Outdoor recreation facilities, such as, but not limited to courses for skate boards, roller skates, off-road vehicles and snowmobiles, campgrounds, baseball facilities, and swimming pools, shall comply with the following regulations:
a.
Principal and accessory buildings shall be set back at least 20 feet from all property lines, unless otherwise specified herein.
b.
The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The planning commission may specify the hours of operation in order to assure compatibility with adjacent uses.
c.
Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.
d.
All parking for outdoor recreation uses shall be provided in off-street parking lots designed in accordance with the requirements of article VI of this chapter.
e.
Lighting for outdoor recreation uses shall be shielded to the greatest extent possible from adjoining properties.
f.
Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with section 32-715(e).
g.
Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.
(2)
Indoor recreation facilities. Indoor recreation facilities, such as, but not limited to, bowling establishments, indoor archery ranges, indoor tennis courts, indoor skating rinks, and similar indoor recreation uses shall comply with the following regulations:
a.
Indoor recreation uses shall be set back a minimum of 50 feet from any property line that abuts a residential district.
b.
The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.
c.
Indoor recreation uses shall have direct access onto a major thoroughfare.
(r)
Religious institutions. The following regulations shall apply to all religious institutions, including churches, synagogues, temples, and related uses:
(1)
Minimum site area. The minimum site area for a religious institution shall be one acre. For the purpose of determining minimum site area, all contiguous land owned by the institution and any land area separated from the principal use by a public right-of-way other than a major thoroughfare may be included. Any land area separated by a right-of-way shall be considered to be an integral part of the site plan for review and approval purposes.
(2)
Lot width. The minimum lot width for religious institutions shall be 150 feet.
(3)
Parking setback. Off-street parking shall be prohibited in the front setback area required by this chapter for the underlying zoning district. No parking shall be allowed within ten feet of any property line. Except for the front yard setback requirement in this subsection, the zoning board of appeals may allow the substitution of a wall per article VIII of this chapter in lieu of compliance with other setback requirements.
(4)
Frontage and access. Religious institutions shall be located on a major thoroughfare. The primary vehicular access to the site shall be provided from a major thoroughfare.
(5)
Landscaping. Religious institutions shall comply with the landscaping requirements set forth in section 32-716(c).
(s)
Stamping plants, punch presses, press brakes, and other machines. The following regulations shall apply to stamping machines, punch presses, press brakes, and other machines:
(1)
General requirements. All such machines shall have shock absorbing mountings and be placed on a suitable reinforced concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. All such machines shall comply with the noise and vibration standards in article X of this chapter.
(2)
Automatic screw machines. Automatic screw machines shall be equipped with noise silencers, and shall not be located closer than 200 feet from any property zoned or used for residential purposes.
(3)
Setbacks. Punch and stamp presses, other than hydraulic presses shall comply with the performance standards in article X of this chapter.
(4)
Press brakes. Press brakes shall be set back at least 200 feet from any property line zoned for residential use.
(t)
Veterinary clinics. Veterinary clinics shall comply with the following requirements:
(1)
Enclosure. All activities shall be conducted within a completely enclosed building.
(2)
Setbacks. All buildings shall be set back at least 50 feet from abutting land that is zoned for residential use.
(3)
Treatment facilities. No veterinary clinic shall contain facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.
(u)
Veterinary hospitals. Veterinary clinics shall comply with the following requirements:
(1)
Enclosure. All activities shall be conducted within a completely enclosed building.
(2)
Setbacks. All buildings shall be set back at least 100 feet from abutting land that is zoned for residential use.
(Ord. of 7-16-1992, § 7.02)
(a)
Accessory apartment dwelling. An accessory apartment dwelling as defined in section 32-4, shall comply with the following regulations:
(1)
Incidental use to residence. The accessory apartment shall be clearly incidental to the principal residence on the site. Accordingly, the following conditions shall apply:
a.
Accessory apartments shall be established in owner-occupied residences only.
b.
Only one such accessory dwelling shall be permitted on each zoning lot.
c.
The total floor area of the accessory dwelling shall not exceed 600 square feet.
(2)
Setbacks and placement on the parcel. An accessory dwelling shall comply with all setback requirements for the district in which it is located.
(3)
Compatibility with surrounding land use. The design of the accessory dwelling shall not detract from the single-family character and appearance of the principal residence or the surrounding neighborhood. The accessory dwelling shall not have a front entrance visible from the front yard, other than the entrance that serves the principal residence. When viewed from the outside, it shall not appear that more than one household occupies the site.
(4)
Parking and access. In addition to required parking for the principal residence, one additional parking space shall be provided for the accessory dwelling.
(b)
Elderly housing. The following site development standards shall apply to housing for the elderly:
(1)
Minimum floor area. Dwelling units within a building shall average 350 square feet in floor area (not including kitchen and sanitary facilities).
(2)
Lot coverage. Total coverage of the all buildings, including dwelling units and related service buildings, shall not exceed 40 percent of the total site, exclusive of any dedicated public right-of-way.
(c)
Mobile home park requirements. Mobile home parks shall comply with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.). Further, mobile home parks shall comply with the township zoning regulations; the state mobile home commission rules and any other lawfully adopted regulations of the township. Should any conflict in regulatory provisions occur, the provision that imposes the more restrictive or higher standard shall prevail.
(1)
Location. Mobile homes shall be located only in those zoning districts in which mobile home land use is permitted by these regulations. Emergency or temporary parking of a mobile home on any street, alley, or highway may be permitted by the building official for a period not to exceed 12 consecutive hours, subject to any other limitations imposed by traffic or parking regulations or ordinances for a particular street, alley or highway.
(2)
Mobile home standards. Each mobile home shall be of contemporary design and shall contain sanitary waste disposal facilities, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachment to appropriate external systems as commonly found in modern mobile homes. Each mobile home shall comply with the zoning regulations for the district in which it is located, regulations of the U.S. Department of Housing and Urban Development as adopted on June 15, 1976, and all subsequent amendments to such standards and regulations. Mobile homes constructed prior to June 15, 1976 shall be in full compliance with NFPA 501B-1974/ANSI 119.1-1975 standards.
(3)
Setbacks. Mobile homes shall comply with the minimum distances specified in R125.1941, Rule 941 of the Michigan Administrative Code. No mobile home unit shall be located within 50 feet of the right-of-way of a public thoroughfare, or within 35 feet of any other mobile home park property line. No mobile home unit exterior wall shall be located with 20 feet of any other mobile home unit's exterior wall surface.
(4)
Permit. It shall be unlawful for any person to operate a mobile home park unless that individual obtains a license for such operation in compliance with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.). The building official shall communicate recommendations regarding the issuance of any such license to the director of the state department of labor and economic growth.
(5)
Violations. Whenever, upon inspection of any mobile home park, the building official finds that conditions or practices exist that violate provisions of these zoning regulations or other regulations referenced herein, the building official shall give notice in writing by certified mail to the director of the state mobile home commission, including the specific nature of the alleged violations and a description of possible remedial action necessary to comply with this chapter or other regulations. The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.
(6)
Inspections. The building official, or any delegated individual, is granted the authority, as specified in Public Act No. 96 of 1987 (MCL 125.2301 et seq.), to enter upon the premises of any mobile home park for the purpose of determining compliance with the provisions of these or other applicable township regulations.
(7)
Park site development standards.
a.
Park area. A mobile home parks shall be at least ten contiguous acres in size.
b.
Access. All mobile home parks shall have direct access to a major thoroughfare.
c.
Interior roadways. All interior roadways and driveways shall be hard-surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately designed such that stormwater from the roadway will not drain onto the mobile home lots. All interior roadways shall comply with R125.1920, Rule 920 of the Michigan Administrative Code.
d.
Sidewalks. Concrete sidewalks shall be constructed on the street side of each mobile home lot in accordance with established engineering standards for the township. Sidewalks shall be placed not less than three feet from the edge of the curb of a main access drive, but may be placed contiguous to the curb of a secondary access drive. The areas between the sidewalk and curb shall be seeded or sodded with grass, although shade or street trees may be planted in the area.
e.
Water and sewer service. All mobile home parks shall be connected to the township water supply system and township sanitary sewer system and shall meet the requirements of the county health department and the state department of natural resources and environment. Water shall be continuously supplied to each mobile home lot with a minimum available pressure of 20 psi. The plumbing connections to each mobile home site shall be constructed so that all lines are protected from freezing, accidental bumping, or from creating any nuisance or health hazard.
f.
Storm drainage. All developed portions of the mobile home park shall be served by adequate storm drainage facilities, designed and constructed in accordance with applicable township, county, and state regulations and shall be subject to review and approval by the building official.
g.
Telephone and electric service. All electric, telephone, and other lines within the park shall be underground.
h.
Television antennas; satellite dishes. Individual exterior television antennas or satellite dishes shall not be placed on any mobile home unit or lot. The mobile home park may provide a master exterior television antenna or dish for connection to individual mobile home units, or an underground cable television system may be installed.
(8)
Skirting. Each mobile home must be skirted within 90 days after establishment in a mobile home park. In the event that skirting cannot be installed in a timely manner due to inclement weather, the building official may permit extension of the time period. All skirting shall conform to the installation and materials standards specified in R125.1604, Rule 604 of the Michigan Administrative Code.
(9)
Canopies and awnings. Canopies and awnings may be attached to any mobile home, provided they are in compliance with R125.1941, Rule 941(1)(b)(ii) of the Michigan Administrative Code, and provided further that they shall not exceed 12 feet in width or exceed the length or the height of the mobile home. A building permit shall be required for construction or erection of canopies or awnings, or for construction of any area enclosed by glass, screens, or other material, such that the enclosed area will be used for more than casual warm weather leisure.
(10)
Landscaping. Mobile home parks shall be landscaped in accordance with article VII of this chapter.
(11)
Open space. Each mobile home park shall provide a minimum of 15,000 square feet of open space area. The open space area shall be increased by 250 square feet for each mobile home site in excess of 50 mobile home park sites.
(12)
Accessory storage areas. A parking area surrounded by an obscuring wall, in accordance with article VIII of this chapter, shall be located within each mobile home park for the storage of residents' carrying trailers, boats, snowmobiles, motorized recreational vehicles, and other similar equipment. Such equipment shall not be stored elsewhere in the park. Each mobile home shall be provided with an accessory storage building having at least 80 square feet of floor area for the storage of household items, lawn equipment, and similar possessions.
(13)
Garbage and refuse collection. Garbage and refuse collection areas shall be screened and maintained in accordance with the provisions of this chapter and other township regulations.
(Ord. of 7-16-1992, § 7.03)
In all commercial districts, a limited amount of storage is permitted where the storage is accessory to the principal retail use. Similarly, in industrial districts office and sales operations are permitted where such activities are clearly incidental to the principal industrial use. In certain businesses, the accessory use is an integral part of the overall business operation, such that the business takes on the character of a mixed use. In these cases, the specific guidelines provided in this section to determine if the accessory use is reasonable and should be permitted.
(1)
Retail uses in industrial districts. Retail uses shall be deemed acceptable accessory uses in industrial districts if the following criteria are met:
a.
Character of the principal use. The principal use on the site must be industrial in character. The retail activity must be an integral part of the business such that separation of the manufacturing and retail activity would adversely affect operating and management procedures.
b.
Percent of floor area. The retail activity shall occupy no more than 30 percent of total floor area or 1,000 square feet, whichever is less.
c.
Percent of gross value. The gross value of the retail sales shall not exceed 30 percent of the gross value of the products produced on the premises.
d.
Products offered for sale. Retail sales shall be limited primarily to products produced on the premises. If it is determined by the building official that the sale of limited specialty products not produced on the premises is essential to installation or use of the principal product sold, then such sales may be permitted provided that in total, they represent less than 50 percent of the on-site retail sales.
e.
Compatibility of traffic. The type and quantity of traffic generated by the retail sales operation shall be compatible with permitted industrial uses in the district.
f.
Parking. Adequate parking shall be provided for the retail sales, as specified in section 32-477, off-street parking shall be subject to the location and setback requirements for the district in which the use is located.
(2)
Industrial uses in commercial districts. Industrial, processing, and warehouse uses shall be deemed acceptable accessory uses in commercial districts if the following criteria are met:
a.
Character of the industrial use. Assembly, fabrication, manufacturing, and warehouse activities shall be directly related to the specific products or services permitted as principal use on the site.
b.
Limits of industrial activity. Any products manufactured or produced shall not be for distribution to other retail stores or manufacturing facilities.
c.
Types of equipment. Heavy machinery typically found in manufacturing or industrial plants shall not be permitted. The machinery shall not create dust, noise, odor, vibration or fumes, that would cause an adverse impact on neighboring properties.
d.
Percent of floor area. All industrial activity shall occur within a defined area and shall occupy no more than 30 percent of total building floor area or 1,000 square feet, whichever is less.
e.
Compatibility of traffic. The type and quantity of traffic generated by the industrial activity shall be compatible with permitted retail uses in the district.
f.
Outside activity prohibited. Industrial activity, if permitted, shall be located entirely within an enclosed building. There shall be no outside storage, except as specifically permitted in the district in which the use is located.
(Ord. of 7-16-1992, § 7.04)
(a)
Scope of regulations. In the development and execution of this chapter, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area; i.e., not more than two such regulated uses within 1,000 feet of each other, regardless of community boundaries.
(b)
Types of regulated uses. The establishment of the following kinds of uses is prohibited if the establishment of any one of the following uses constitutes the third such use within a 1,000-foot radius, regardless of community boundaries:
(1)
Adult book or supply store.
(2)
Adult model studio.
(3)
Adult motion picture arcade.
(4)
Adult motion picture theater or adult live stage performing theater.
(5)
Adult outdoor motion picture theater.
(6)
Adult physical cultural establishment.
(7)
Arcade.
(8)
Bar/lounge/tavern.
(9)
Boardinghouse or roominghouse.
(10)
Cabaret.
(11)
Hotel or motel.
(12)
Massage parlor or massage establishment.
(13)
Pawn shop or collateral loan or exchange establishments.
(14)
Pool or billiard hall.
(15)
Public lodginghouse.
(16)
Secondhand stores.
(17)
Specially designated distributor's establishment.
(18)
Specially designated merchant's establishment.
(c)
Application procedure. Application to establish any of the above regulated uses shall be made to the building official. The application shall be processed according to the requirements in this chapter for special land uses. However, if there are already in existence two or more such regulated uses within a radius of 1,000 feet of the outermost boundaries of the parcel, lot, or zoning lot upon which the proposed regulated use will be situated, the application shall be denied by the building official and shall not be processed for special land use approval until a waiver is received by the applicant to location provisions of this chapter.
(d)
Requirements. All regulated uses shall conform to the following requirements:
(1)
Zoning district. A regulated use shall be allowed as a special land use only in the zoning districts as stated in the schedule of regulations set forth in section 32-599.
(2)
Establishment prohibited. Regulated uses are prohibited and no location waiver may be granted to establish a regulated use within the following areas:
a.
No regulated use shall be established within 200 feet of any property zoned for residential use.
b.
No regulated use shall be established within 500 feet of any public or private school, day care center, nursery, or church, synagogue, or similar place of worship.
(3)
Layout. The site layout and its relationship to streets providing access to the site shall be in manner that vehicular and pedestrian traffic to and from such use, and the potential assembly of persons in connection therewith, will not be hazardous, endangering, or inconvenient to the existing neighborhood.
(4)
Nuisance prohibited. The proposed use shall not reasonably be expected to cause a public nuisance, and/or otherwise do harm to the public health, safety, and general welfare.
(5)
Property values. The proposed use shall not reasonably be expected to diminish the value of properties in the immediate area.
(6)
Discontinuance. A regulated use granted pursuant to the terms and conditions of this chapter may not be re-established after discontinuance for a period of 90 calendar days without a new grant of approval by the township.
(e)
Waivers. Upon denial of any application for a regulated use by the building official under section 32-768(c), an applicant may appeal to the board of zoning appeals for a waiver of the location provisions of this section. The board may waive the location provisions, except for those stated in section 32-768(d), if all of the following findings are made by the board:
(1)
Compliance with regulations. That the proposed use will not be contrary to any other provision of this chapter;
(2)
Not enlarge district. That the proposed use will not enlarge or encourage the development of a skid row or strip of regulated uses stated in this section nor be injurious to the value of properties in the immediate area;
(3)
Consistent with programs. That the establishment of the additional regulated use will not be contrary to, or interfere with, any program of urban renewal, neighborhood development or redevelopment; and
(4)
Consistent with law. That all applicable township, state, or federal laws and regulations will be observed.
(f)
Procedure for waiver. Not less than 15 days before the request for waiver is considered by the zoning board of appeals or the holding of a public hearing pursuant to this section, the township clerk shall publish, in a newspaper of general circulation in the township, one notice indicating that an application to request for a waiver to establish a regulated use has been received by the township.
(1)
Persons to be sent notice. The township clerk shall send by mail or by personal delivery a copy of that notice to the following:
a.
The applicant;
b.
The owners of the property for which waivers are being considered;
c.
All persons to whom any real property is assessed within 300 feet of the boundary of the premises in question; and
d.
To the occupants of all structures located within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification to give notice of the consideration or public hearing in accordance with division 12 of this article.
(2)
Notification to manager. If a structure contains two or more dwellings or spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each dwelling unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, with a request to post the notice at the primary entrance to the structure.
(3)
Notice contents. In addition to the content required by division 12 of this article, the notice shall do all of the following:
a.
Inform the recipient of the applicant's name;
b.
Describe the nature and type of use proposed;
c.
Indicate the local address of the property for which waivers are being considered;
d.
Indicate the lot number and subdivision name of the property in question;
e.
Provide the section of this chapter under which the proposal is being processed; and
f.
State when and where the request will be considered.
This notice shall also invite written comments, statements, or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.
(4)
Hearing requests. The notice shall further indicate that a public hearing on the proposed regulated use may be requested by any property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the regulated use.
(5)
Hearing notification. If a public hearing is requested by any individual, notice of the hearing shall be provided in the manner as the notification of application. At a scheduled hearing, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau. The zoning board of appeals shall consider all public comments regarding the location standards stated in this section prior to action upon a waiver request.
(6)
Zoning board of appeals determination. The zoning board of appeals shall review the application for a waiver, together with the public hearing findings, if applicable and reports and recommendations from appropriate township departments and consultants. The zoning board of appeals shall then make a determination on the waiver request based on the requirements and standards in this section. The zoning board of appeals may approve, approve with conditions, or deny a waiver as follows:
a.
Approval. Upon determination by the zoning board of appeals that the request for a waiver is in compliance with the intent of this section, the standards and requirements of this chapter, and complies with other applicable ordinances and laws, approval of the waiver shall be granted, subject to the site plan review and other procedures stated in this chapter.
b.
Approval with conditions. The zoning board of appeals may impose reasonable conditions with the approval of a waiver, including but not limited to: location, construction, maintenance, or operation of the regulated use as, in its judgment, may be necessary for the protection of the public interest. Evidence, bond, or other performance guarantee may be required as proof that the conditions stipulated in connection these conditions are followed.
c.
Denial. Upon determination by the zoning board of appeals that a waiver does not comply with the intent of this section, the standards and requirements of this chapter, with other applicable ordinances and laws, or would otherwise be injurious to the public health, safety, welfare, and orderly development of the township, the waiver shall be denied.
(Ord. of 7-16-1992, § 7.05; Ord. of 3-11-2010, § 7.05)
SITE DEVELOPMENT STANDARDS
Each use listed in this article, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use that is of an area, intensity or type, or that possesses characteristics that are unique or atypical for the district in which the use is allowed. These standards are intended to ensure that such uses will be compatible with surrounding land uses and ensure the orderly development of the district. Conformance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.
(Ord. of 7-16-1992, § 7.01)
(a)
Automobile or vehicle sales. Automobile or vehicle sales operations with repair facilities or outdoor sales space shall be subject to the requirements in this subsection (a). These requirements shall apply to any operation involving the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles.
(1)
Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the building official.
(2)
Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least 50 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).
(3)
Servicing of vehicles. All servicing of vehicles shall be subject to the following requirements:
a.
Service activities shall be clearly incidental to the vehicle sales operation.
b.
Vehicle service activities shall occur within a completely enclosed building.
c.
Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.
d.
Buildings containing the service operations shall be located a minimum of 30 feet from any abutting residential property line.
e.
There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the interior of the service building.
f.
Buildings should be oriented so that open bays, particularly for self-service automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall pursuant to article VIII of this chapter.
(4)
Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.
(5)
Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in section 32-691(b)(1).
(6)
Minimum lot area. The minimum lot area required for such uses shall be two acres.
(b)
Automobile filling stations, automobile or vehicle service stations, automobile repair garages. The following regulations shall apply to automobile filling stations and automobile or vehicle service stations, including tire, battery, muffler and undercoating shops:
(1)
Minimum lot area. The minimum lot area required for such uses shall be 20,000 square feet.
(2)
Minimum lot width. The minimum lot width required for such uses shall be 150 feet.
(3)
Minimum setbacks. Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides that abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements:
(4)
Ingress and egress. Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near a vehicular or pedestrian entrances or crossings.
(5)
Curbs. A curb of at least six inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.
(6)
Layout. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building. Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings, or adjoining property while being served. Adequate vehicle parking and stacking spaces shall be provided as required in article VI of this chapter.
(7)
Orientation of open bays. Buildings shall be oriented so that open service bays do not face onto adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall per article VIII of this chapter.
(8)
Outside storage. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding 48 hours, provided that such vehicles are stored in the rear yard within a masonry screening wall that is not less than six feet in height.
(9)
Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is prohibited except in conformance with this chapter.
(c)
Automobile wash or carwash establishment. The following regulations shall apply to automobile wash or carwash establishments:
(1)
Minimum lot area. The minimum lot area required for automobile or carwash establishments shall be 10,000 square feet.
(2)
Layout. All washing activities shall be carried on within a fully enclosed building. Vacuum activities shall be permitted in the rear yard only, provided such activities are located at least 25 feet from adjacent residentially zoned or used property. Entrances and exists shall not face abutting residentially zoned or used property. Adequate vehicle parking and stacking spaces shall be provided as required in article VI of this chapter.
(3)
Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located within the carwash property. Sufficient maneuvering area shall be provided within the site to access all service areas. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.
(4)
Orientation of open bays. Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per article VIII of this chapter.
(5)
Drainage. Paved areas be sloped in a manner to drain all vehicular wash water to the drainage gates and prevent stormwater runoff from entering sanitary sewer connections.
(d)
Drive-in establishments.
(1)
Setbacks. Buildings or other structures used for the purpose of a drive-in establishment shall be set back a minimum of 50 feet from any street right-of-way line.
(2)
Location of driveways. Driveways serving drive-in establishments shall provide direct access from a major thoroughfare or arterial road. The nearest edge of any entrance or exit drive shall be located no closer than 25 feet from any street or road intersection, as measured from the nearest intersection right-of-way line.
(3)
Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned or used for residential purposes or properties zoned for commercial, or office use, subject to the requirements in article VIII of this chapter.
(e)
Fast food and drive-through restaurants. The following regulations shall apply to fast-food and drive-through restaurants:
(1)
Minimum frontage. The site shall have a minimum of 150 feet of frontage on a major thoroughfare.
(2)
Location of driveways. Ingress and egress points shall be located no closer than 25 feet from the intersection of any two streets (measured from the nearest right-of-way line). Points of vehicular ingress and egress shall be limited to the thoroughfare having business zoned frontage only. The minimum distance between driveways providing off-site ingress or egress shall be at least 50 feet measured from the two closest driveway curbs.
(3)
Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned or used for residential purposes, or zoned for commercial, or office use, subject to the requirements in article VIII of this chapter.
(4)
Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.
(5)
Stacking spaces. A restaurant with a drive-through window shall provide stacking spaces for each drive-through window as required in the schedule of off-street parking, section 32-691
(f)
Funeral homes or mortuaries. The following regulations shall apply to funeral homes and mortuaries:
(1)
Assembly area. An adequate assembly area shall be provided off-street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.
(2)
Screening. The service and loading area shall be obscured from adjacent residential areas in accordance with article VIII of this chapter.
(3)
Caretaker's residence. A caretaker's residence may be provided within the main building of the funeral home or as an approved accessory building on the site, subject to the provisions of this chapter.
(g)
Group child care home, child care center. The following regulations shall apply to group child care homes, child care centers, nursery schools, day nurseries, and preschools:
(1)
Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the state department of humanservices and shall comply with the minimum standards outlined for such facilities.
(2)
Outdoor play area. A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a greenbelt in accordance with the requirements in article VII of this chapter.
(3)
Setbacks. Child care centers shall have a minimum side yard setback of at least 25 feet.
(h)
Hospitals. The following regulations shall apply to hospitals:
(1)
Lot area. The minimum lot area for a hospital site shall be five acres.
(2)
Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 50 feet from any property line. The planning commission may allow the placement of an eight-foot high obscuring masonry wall at the property line in lieu of the setback requirement.
(3)
Screening. Ambulance, emergency entrance areas, and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping, or a masonry wall.
(4)
State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act No. 299 of 1947 (MCL 331.501 et seq.).
(i)
Junkyards. The following regulations shall apply to junkyards:
(1)
Minimum lot area. The minimum lot area for a junkyard shall be five acres.
(2)
Location. A parcel of land used for a junkyard shall abut only nonresidential or noncommercial land uses or zoning districts.
(3)
Setbacks. A minimum setback of 70 feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing, and junk materials shall be set back at least 70 feet from any road or highway right-of-way line, and at least 200 feet from any property line that abuts property zoned or used for residential purposes.
(4)
Screening. The entire junkyard site shall be screened from view with an eight-foot obscuring masonry wall, constructed in accordance with article VIII of this chapter. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any temporary or permanent signs or symbols painted or placed upon it.
(5)
Surfacing. All roads, driveways, parking lots, and loading and unloading areas shall be paved and provide adequate drainage.
(6)
Regulated activities. All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicles being stored on the site.
(7)
Permits. All required township, county, and state permits shall be obtained prior to establishing a junkyard.
(j)
Kennels. The following regulations shall apply to kennels:
(1)
Private kennels. Private kennels to house only the animals owned by the occupant of the dwelling unit shall be permitted subject to the following:
a.
The lot on which any such kennel is located shall have a minimum lot area of 20,000 square feet.
b.
No more than six animals over the age of six months shall be housed in a private kennel.
c.
Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.
(2)
Commercial kennels. Commercial kennels shall be subject to the following standards:
a.
Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.
b.
The lot on which any such kennel is located shall have a minimum lot area of one acres. If more than four animals are housed in the kennel, an additional one acre shall be required for every additional ten animals (or fraction thereof).
c.
Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.
(k)
Miniwarehouses. The following regulations shall apply to miniwarehouses:
(1)
Lot area. The minimum lot area for miniwarehouses shall be one acre.
(2)
Permitted use. Miniwarehouse establishments shall provide for inside storage only. All storage must be completely contained within enclosed buildings.
(3)
Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot high masonry wall, constructed in accordance with article VIII of this chapter.
(4)
Orientation of open bays. Buildings must be oriented so that open service bays do not face adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall in compliance with article VIII of this chapter.
(5)
Exterior appearance. The exterior of any miniwarehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.
(6)
Resident manager. A resident manager may be permitted on site with the responsibility of maintaining the operation of the facility in conformance with the conditions of the approval. The manager's residence shall conform with the provision of this chapter.
(7)
On-site circulation and parking.
a.
All one-way driveways shall be designed with one ten-foot wide loading/unloading lane and one 15-foot travel lane.
b.
All two-way driveways shall be designed with one ten-foot wide loading/unloading lane and two 12-foot travel lanes.
c.
The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.
(l)
Motels and hotels. The following regulations shall apply to motels or hotels:
(1)
Lot area. The minimum lot area for a motel or hotel shall be three acres.
(2)
Accessory facilities. A motel or hotel must include at least one of the following amenities:
a.
An attached dining room with seating capacity for at least 20 occupants at the same time, serviced by a full service kitchen; or
b.
An unattached standard restaurant, as defined in section 32-4, with seating capacity for not less than 50 occupants, located on the same site as the motel or on a site contiguous with the motel and developed simultaneously or in advance of the motel site.
(3)
Design. Each unit available for rental within a motel or hotel shall contain a bath and at least one bedroom and encompass a minimum gross floor area of 300 square feet.
(4)
Services. A motel or hotel shall provide customary motel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.
(m)
Nursing homes, convalescent homes, rest homes, orphanages, and half-way houses. The following regulations shall apply to nursing homes, convalescent homes, rest homes, orphanages, and half-way houses:
(1)
Minimum lot area. The minimum lot area for such facilities shall be one acre.
(2)
Frontage and access. Such uses shall front onto a major thoroughfare and the main means of access to the site for residents or patients, visitors, and employees shall be via the thoroughfare. In no case shall primary access to a nursing home, convalescent home, or rest home be limited to a residential street.
(3)
Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 30 feet from any property lines.
(4)
Open space. Any such facility shall provide a minimum of 150 square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.
(5)
State and federal regulations. Nursing homes, convalescent homes, rest homes, orphanages and half-way houses shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(n)
Open-air business. The following regulations shall apply to permanent open-air businesses:
(1)
Minimum lot area. The minimum lot area for open-air businesses shall be 10,000 sq. ft.
(2)
Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least 50 feet from any street or road intersection (as measured from the nearest intersection right-of-way) and at least 20 feet from any side property line.
(3)
Parking setback. Parking shall be setback a minimum of ten feet from any road right-of-way line.
(4)
Lot width. The minimum lot width for open-air businesses shall be 100 feet.
(5)
Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alleys.
(6)
Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks, or tractors that are for sale, rent, or lease shall comply with the requirements in section 32-765(a).
(7)
Plant material nursery. Nurseries that deal with plant materials shall comply with the following:
a.
Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.
b.
The storage of soil, wood chips, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.
(o)
Restaurant site requirements.
(1)
Access. Points of vehicular ingress and egress shall be limited to the thoroughfares with business zoned frontage only.
(2)
Screening. A restaurant with a rear or side yard abutting any noncommercial district shall provide a permanent obscuring wall, per the requirements of article X of this chapter, along the full length of each abutting property line.
(3)
Vehicular storage. Parking and vehicular storage in excess of 24 consecutive hours shall be prohibited at all times on the premises, and the owner, franchisee holder or lessee shall post a sign or signs giving notice that all parked or stored vehicles are subject to ticketing and removal at the owner's expense.
(4)
Rubbish and debris. Each restaurant site shall be kept free of rubbish and debris and the grass and other landscaping shall be well maintained so as to present a neat and attractive appearance at all times.
(p)
Radio and television towers, commercial and public. The following regulations shall apply to commercial and public radio and television towers, microwave towers, and other communication antennas/towers:
(1)
Fencing. An open weave, six foot high chainlink fence shall be constructed around the entire perimeter, in accordance with this chapter.
(2)
State and federal regulations. Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(q)
Recreation facilities.
(1)
Outdoor recreation facilities. Outdoor recreation facilities, such as, but not limited to courses for skate boards, roller skates, off-road vehicles and snowmobiles, campgrounds, baseball facilities, and swimming pools, shall comply with the following regulations:
a.
Principal and accessory buildings shall be set back at least 20 feet from all property lines, unless otherwise specified herein.
b.
The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The planning commission may specify the hours of operation in order to assure compatibility with adjacent uses.
c.
Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.
d.
All parking for outdoor recreation uses shall be provided in off-street parking lots designed in accordance with the requirements of article VI of this chapter.
e.
Lighting for outdoor recreation uses shall be shielded to the greatest extent possible from adjoining properties.
f.
Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with section 32-715(e).
g.
Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.
(2)
Indoor recreation facilities. Indoor recreation facilities, such as, but not limited to, bowling establishments, indoor archery ranges, indoor tennis courts, indoor skating rinks, and similar indoor recreation uses shall comply with the following regulations:
a.
Indoor recreation uses shall be set back a minimum of 50 feet from any property line that abuts a residential district.
b.
The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.
c.
Indoor recreation uses shall have direct access onto a major thoroughfare.
(r)
Religious institutions. The following regulations shall apply to all religious institutions, including churches, synagogues, temples, and related uses:
(1)
Minimum site area. The minimum site area for a religious institution shall be one acre. For the purpose of determining minimum site area, all contiguous land owned by the institution and any land area separated from the principal use by a public right-of-way other than a major thoroughfare may be included. Any land area separated by a right-of-way shall be considered to be an integral part of the site plan for review and approval purposes.
(2)
Lot width. The minimum lot width for religious institutions shall be 150 feet.
(3)
Parking setback. Off-street parking shall be prohibited in the front setback area required by this chapter for the underlying zoning district. No parking shall be allowed within ten feet of any property line. Except for the front yard setback requirement in this subsection, the zoning board of appeals may allow the substitution of a wall per article VIII of this chapter in lieu of compliance with other setback requirements.
(4)
Frontage and access. Religious institutions shall be located on a major thoroughfare. The primary vehicular access to the site shall be provided from a major thoroughfare.
(5)
Landscaping. Religious institutions shall comply with the landscaping requirements set forth in section 32-716(c).
(s)
Stamping plants, punch presses, press brakes, and other machines. The following regulations shall apply to stamping machines, punch presses, press brakes, and other machines:
(1)
General requirements. All such machines shall have shock absorbing mountings and be placed on a suitable reinforced concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. All such machines shall comply with the noise and vibration standards in article X of this chapter.
(2)
Automatic screw machines. Automatic screw machines shall be equipped with noise silencers, and shall not be located closer than 200 feet from any property zoned or used for residential purposes.
(3)
Setbacks. Punch and stamp presses, other than hydraulic presses shall comply with the performance standards in article X of this chapter.
(4)
Press brakes. Press brakes shall be set back at least 200 feet from any property line zoned for residential use.
(t)
Veterinary clinics. Veterinary clinics shall comply with the following requirements:
(1)
Enclosure. All activities shall be conducted within a completely enclosed building.
(2)
Setbacks. All buildings shall be set back at least 50 feet from abutting land that is zoned for residential use.
(3)
Treatment facilities. No veterinary clinic shall contain facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.
(u)
Veterinary hospitals. Veterinary clinics shall comply with the following requirements:
(1)
Enclosure. All activities shall be conducted within a completely enclosed building.
(2)
Setbacks. All buildings shall be set back at least 100 feet from abutting land that is zoned for residential use.
(Ord. of 7-16-1992, § 7.02)
(a)
Accessory apartment dwelling. An accessory apartment dwelling as defined in section 32-4, shall comply with the following regulations:
(1)
Incidental use to residence. The accessory apartment shall be clearly incidental to the principal residence on the site. Accordingly, the following conditions shall apply:
a.
Accessory apartments shall be established in owner-occupied residences only.
b.
Only one such accessory dwelling shall be permitted on each zoning lot.
c.
The total floor area of the accessory dwelling shall not exceed 600 square feet.
(2)
Setbacks and placement on the parcel. An accessory dwelling shall comply with all setback requirements for the district in which it is located.
(3)
Compatibility with surrounding land use. The design of the accessory dwelling shall not detract from the single-family character and appearance of the principal residence or the surrounding neighborhood. The accessory dwelling shall not have a front entrance visible from the front yard, other than the entrance that serves the principal residence. When viewed from the outside, it shall not appear that more than one household occupies the site.
(4)
Parking and access. In addition to required parking for the principal residence, one additional parking space shall be provided for the accessory dwelling.
(b)
Elderly housing. The following site development standards shall apply to housing for the elderly:
(1)
Minimum floor area. Dwelling units within a building shall average 350 square feet in floor area (not including kitchen and sanitary facilities).
(2)
Lot coverage. Total coverage of the all buildings, including dwelling units and related service buildings, shall not exceed 40 percent of the total site, exclusive of any dedicated public right-of-way.
(c)
Mobile home park requirements. Mobile home parks shall comply with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.). Further, mobile home parks shall comply with the township zoning regulations; the state mobile home commission rules and any other lawfully adopted regulations of the township. Should any conflict in regulatory provisions occur, the provision that imposes the more restrictive or higher standard shall prevail.
(1)
Location. Mobile homes shall be located only in those zoning districts in which mobile home land use is permitted by these regulations. Emergency or temporary parking of a mobile home on any street, alley, or highway may be permitted by the building official for a period not to exceed 12 consecutive hours, subject to any other limitations imposed by traffic or parking regulations or ordinances for a particular street, alley or highway.
(2)
Mobile home standards. Each mobile home shall be of contemporary design and shall contain sanitary waste disposal facilities, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachment to appropriate external systems as commonly found in modern mobile homes. Each mobile home shall comply with the zoning regulations for the district in which it is located, regulations of the U.S. Department of Housing and Urban Development as adopted on June 15, 1976, and all subsequent amendments to such standards and regulations. Mobile homes constructed prior to June 15, 1976 shall be in full compliance with NFPA 501B-1974/ANSI 119.1-1975 standards.
(3)
Setbacks. Mobile homes shall comply with the minimum distances specified in R125.1941, Rule 941 of the Michigan Administrative Code. No mobile home unit shall be located within 50 feet of the right-of-way of a public thoroughfare, or within 35 feet of any other mobile home park property line. No mobile home unit exterior wall shall be located with 20 feet of any other mobile home unit's exterior wall surface.
(4)
Permit. It shall be unlawful for any person to operate a mobile home park unless that individual obtains a license for such operation in compliance with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.). The building official shall communicate recommendations regarding the issuance of any such license to the director of the state department of labor and economic growth.
(5)
Violations. Whenever, upon inspection of any mobile home park, the building official finds that conditions or practices exist that violate provisions of these zoning regulations or other regulations referenced herein, the building official shall give notice in writing by certified mail to the director of the state mobile home commission, including the specific nature of the alleged violations and a description of possible remedial action necessary to comply with this chapter or other regulations. The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.
(6)
Inspections. The building official, or any delegated individual, is granted the authority, as specified in Public Act No. 96 of 1987 (MCL 125.2301 et seq.), to enter upon the premises of any mobile home park for the purpose of determining compliance with the provisions of these or other applicable township regulations.
(7)
Park site development standards.
a.
Park area. A mobile home parks shall be at least ten contiguous acres in size.
b.
Access. All mobile home parks shall have direct access to a major thoroughfare.
c.
Interior roadways. All interior roadways and driveways shall be hard-surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately designed such that stormwater from the roadway will not drain onto the mobile home lots. All interior roadways shall comply with R125.1920, Rule 920 of the Michigan Administrative Code.
d.
Sidewalks. Concrete sidewalks shall be constructed on the street side of each mobile home lot in accordance with established engineering standards for the township. Sidewalks shall be placed not less than three feet from the edge of the curb of a main access drive, but may be placed contiguous to the curb of a secondary access drive. The areas between the sidewalk and curb shall be seeded or sodded with grass, although shade or street trees may be planted in the area.
e.
Water and sewer service. All mobile home parks shall be connected to the township water supply system and township sanitary sewer system and shall meet the requirements of the county health department and the state department of natural resources and environment. Water shall be continuously supplied to each mobile home lot with a minimum available pressure of 20 psi. The plumbing connections to each mobile home site shall be constructed so that all lines are protected from freezing, accidental bumping, or from creating any nuisance or health hazard.
f.
Storm drainage. All developed portions of the mobile home park shall be served by adequate storm drainage facilities, designed and constructed in accordance with applicable township, county, and state regulations and shall be subject to review and approval by the building official.
g.
Telephone and electric service. All electric, telephone, and other lines within the park shall be underground.
h.
Television antennas; satellite dishes. Individual exterior television antennas or satellite dishes shall not be placed on any mobile home unit or lot. The mobile home park may provide a master exterior television antenna or dish for connection to individual mobile home units, or an underground cable television system may be installed.
(8)
Skirting. Each mobile home must be skirted within 90 days after establishment in a mobile home park. In the event that skirting cannot be installed in a timely manner due to inclement weather, the building official may permit extension of the time period. All skirting shall conform to the installation and materials standards specified in R125.1604, Rule 604 of the Michigan Administrative Code.
(9)
Canopies and awnings. Canopies and awnings may be attached to any mobile home, provided they are in compliance with R125.1941, Rule 941(1)(b)(ii) of the Michigan Administrative Code, and provided further that they shall not exceed 12 feet in width or exceed the length or the height of the mobile home. A building permit shall be required for construction or erection of canopies or awnings, or for construction of any area enclosed by glass, screens, or other material, such that the enclosed area will be used for more than casual warm weather leisure.
(10)
Landscaping. Mobile home parks shall be landscaped in accordance with article VII of this chapter.
(11)
Open space. Each mobile home park shall provide a minimum of 15,000 square feet of open space area. The open space area shall be increased by 250 square feet for each mobile home site in excess of 50 mobile home park sites.
(12)
Accessory storage areas. A parking area surrounded by an obscuring wall, in accordance with article VIII of this chapter, shall be located within each mobile home park for the storage of residents' carrying trailers, boats, snowmobiles, motorized recreational vehicles, and other similar equipment. Such equipment shall not be stored elsewhere in the park. Each mobile home shall be provided with an accessory storage building having at least 80 square feet of floor area for the storage of household items, lawn equipment, and similar possessions.
(13)
Garbage and refuse collection. Garbage and refuse collection areas shall be screened and maintained in accordance with the provisions of this chapter and other township regulations.
(Ord. of 7-16-1992, § 7.03)
In all commercial districts, a limited amount of storage is permitted where the storage is accessory to the principal retail use. Similarly, in industrial districts office and sales operations are permitted where such activities are clearly incidental to the principal industrial use. In certain businesses, the accessory use is an integral part of the overall business operation, such that the business takes on the character of a mixed use. In these cases, the specific guidelines provided in this section to determine if the accessory use is reasonable and should be permitted.
(1)
Retail uses in industrial districts. Retail uses shall be deemed acceptable accessory uses in industrial districts if the following criteria are met:
a.
Character of the principal use. The principal use on the site must be industrial in character. The retail activity must be an integral part of the business such that separation of the manufacturing and retail activity would adversely affect operating and management procedures.
b.
Percent of floor area. The retail activity shall occupy no more than 30 percent of total floor area or 1,000 square feet, whichever is less.
c.
Percent of gross value. The gross value of the retail sales shall not exceed 30 percent of the gross value of the products produced on the premises.
d.
Products offered for sale. Retail sales shall be limited primarily to products produced on the premises. If it is determined by the building official that the sale of limited specialty products not produced on the premises is essential to installation or use of the principal product sold, then such sales may be permitted provided that in total, they represent less than 50 percent of the on-site retail sales.
e.
Compatibility of traffic. The type and quantity of traffic generated by the retail sales operation shall be compatible with permitted industrial uses in the district.
f.
Parking. Adequate parking shall be provided for the retail sales, as specified in section 32-477, off-street parking shall be subject to the location and setback requirements for the district in which the use is located.
(2)
Industrial uses in commercial districts. Industrial, processing, and warehouse uses shall be deemed acceptable accessory uses in commercial districts if the following criteria are met:
a.
Character of the industrial use. Assembly, fabrication, manufacturing, and warehouse activities shall be directly related to the specific products or services permitted as principal use on the site.
b.
Limits of industrial activity. Any products manufactured or produced shall not be for distribution to other retail stores or manufacturing facilities.
c.
Types of equipment. Heavy machinery typically found in manufacturing or industrial plants shall not be permitted. The machinery shall not create dust, noise, odor, vibration or fumes, that would cause an adverse impact on neighboring properties.
d.
Percent of floor area. All industrial activity shall occur within a defined area and shall occupy no more than 30 percent of total building floor area or 1,000 square feet, whichever is less.
e.
Compatibility of traffic. The type and quantity of traffic generated by the industrial activity shall be compatible with permitted retail uses in the district.
f.
Outside activity prohibited. Industrial activity, if permitted, shall be located entirely within an enclosed building. There shall be no outside storage, except as specifically permitted in the district in which the use is located.
(Ord. of 7-16-1992, § 7.04)
(a)
Scope of regulations. In the development and execution of this chapter, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area; i.e., not more than two such regulated uses within 1,000 feet of each other, regardless of community boundaries.
(b)
Types of regulated uses. The establishment of the following kinds of uses is prohibited if the establishment of any one of the following uses constitutes the third such use within a 1,000-foot radius, regardless of community boundaries:
(1)
Adult book or supply store.
(2)
Adult model studio.
(3)
Adult motion picture arcade.
(4)
Adult motion picture theater or adult live stage performing theater.
(5)
Adult outdoor motion picture theater.
(6)
Adult physical cultural establishment.
(7)
Arcade.
(8)
Bar/lounge/tavern.
(9)
Boardinghouse or roominghouse.
(10)
Cabaret.
(11)
Hotel or motel.
(12)
Massage parlor or massage establishment.
(13)
Pawn shop or collateral loan or exchange establishments.
(14)
Pool or billiard hall.
(15)
Public lodginghouse.
(16)
Secondhand stores.
(17)
Specially designated distributor's establishment.
(18)
Specially designated merchant's establishment.
(c)
Application procedure. Application to establish any of the above regulated uses shall be made to the building official. The application shall be processed according to the requirements in this chapter for special land uses. However, if there are already in existence two or more such regulated uses within a radius of 1,000 feet of the outermost boundaries of the parcel, lot, or zoning lot upon which the proposed regulated use will be situated, the application shall be denied by the building official and shall not be processed for special land use approval until a waiver is received by the applicant to location provisions of this chapter.
(d)
Requirements. All regulated uses shall conform to the following requirements:
(1)
Zoning district. A regulated use shall be allowed as a special land use only in the zoning districts as stated in the schedule of regulations set forth in section 32-599.
(2)
Establishment prohibited. Regulated uses are prohibited and no location waiver may be granted to establish a regulated use within the following areas:
a.
No regulated use shall be established within 200 feet of any property zoned for residential use.
b.
No regulated use shall be established within 500 feet of any public or private school, day care center, nursery, or church, synagogue, or similar place of worship.
(3)
Layout. The site layout and its relationship to streets providing access to the site shall be in manner that vehicular and pedestrian traffic to and from such use, and the potential assembly of persons in connection therewith, will not be hazardous, endangering, or inconvenient to the existing neighborhood.
(4)
Nuisance prohibited. The proposed use shall not reasonably be expected to cause a public nuisance, and/or otherwise do harm to the public health, safety, and general welfare.
(5)
Property values. The proposed use shall not reasonably be expected to diminish the value of properties in the immediate area.
(6)
Discontinuance. A regulated use granted pursuant to the terms and conditions of this chapter may not be re-established after discontinuance for a period of 90 calendar days without a new grant of approval by the township.
(e)
Waivers. Upon denial of any application for a regulated use by the building official under section 32-768(c), an applicant may appeal to the board of zoning appeals for a waiver of the location provisions of this section. The board may waive the location provisions, except for those stated in section 32-768(d), if all of the following findings are made by the board:
(1)
Compliance with regulations. That the proposed use will not be contrary to any other provision of this chapter;
(2)
Not enlarge district. That the proposed use will not enlarge or encourage the development of a skid row or strip of regulated uses stated in this section nor be injurious to the value of properties in the immediate area;
(3)
Consistent with programs. That the establishment of the additional regulated use will not be contrary to, or interfere with, any program of urban renewal, neighborhood development or redevelopment; and
(4)
Consistent with law. That all applicable township, state, or federal laws and regulations will be observed.
(f)
Procedure for waiver. Not less than 15 days before the request for waiver is considered by the zoning board of appeals or the holding of a public hearing pursuant to this section, the township clerk shall publish, in a newspaper of general circulation in the township, one notice indicating that an application to request for a waiver to establish a regulated use has been received by the township.
(1)
Persons to be sent notice. The township clerk shall send by mail or by personal delivery a copy of that notice to the following:
a.
The applicant;
b.
The owners of the property for which waivers are being considered;
c.
All persons to whom any real property is assessed within 300 feet of the boundary of the premises in question; and
d.
To the occupants of all structures located within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification to give notice of the consideration or public hearing in accordance with division 12 of this article.
(2)
Notification to manager. If a structure contains two or more dwellings or spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each dwelling unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, with a request to post the notice at the primary entrance to the structure.
(3)
Notice contents. In addition to the content required by division 12 of this article, the notice shall do all of the following:
a.
Inform the recipient of the applicant's name;
b.
Describe the nature and type of use proposed;
c.
Indicate the local address of the property for which waivers are being considered;
d.
Indicate the lot number and subdivision name of the property in question;
e.
Provide the section of this chapter under which the proposal is being processed; and
f.
State when and where the request will be considered.
This notice shall also invite written comments, statements, or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.
(4)
Hearing requests. The notice shall further indicate that a public hearing on the proposed regulated use may be requested by any property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the regulated use.
(5)
Hearing notification. If a public hearing is requested by any individual, notice of the hearing shall be provided in the manner as the notification of application. At a scheduled hearing, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau. The zoning board of appeals shall consider all public comments regarding the location standards stated in this section prior to action upon a waiver request.
(6)
Zoning board of appeals determination. The zoning board of appeals shall review the application for a waiver, together with the public hearing findings, if applicable and reports and recommendations from appropriate township departments and consultants. The zoning board of appeals shall then make a determination on the waiver request based on the requirements and standards in this section. The zoning board of appeals may approve, approve with conditions, or deny a waiver as follows:
a.
Approval. Upon determination by the zoning board of appeals that the request for a waiver is in compliance with the intent of this section, the standards and requirements of this chapter, and complies with other applicable ordinances and laws, approval of the waiver shall be granted, subject to the site plan review and other procedures stated in this chapter.
b.
Approval with conditions. The zoning board of appeals may impose reasonable conditions with the approval of a waiver, including but not limited to: location, construction, maintenance, or operation of the regulated use as, in its judgment, may be necessary for the protection of the public interest. Evidence, bond, or other performance guarantee may be required as proof that the conditions stipulated in connection these conditions are followed.
c.
Denial. Upon determination by the zoning board of appeals that a waiver does not comply with the intent of this section, the standards and requirements of this chapter, with other applicable ordinances and laws, or would otherwise be injurious to the public health, safety, welfare, and orderly development of the township, the waiver shall be denied.
(Ord. of 7-16-1992, § 7.05; Ord. of 3-11-2010, § 7.05)