It is the intent of this section to provide a set of procedures and standards for special uses of land or structure which, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole.

It is the express purpose of the regulations and standards herein to allow on one hand practical latitude for the investor or developer, but at the same time maintain adequate provisions for the protection of the health, safety, convenience and general welfare of the community. The following, together with previous references in other chapters of this Ordinance, designate the requirements, procedures and standards which must be met before a special use permit can be issued.

(Ord. No. 718, 1-24-2011)

The application for a special use permit shall be submitted and processed under the following procedures:

1.

Submission of application. An application shall be submitted through the zoning administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by the local legislative body. In the event the allowance of a desired use requires both a rezoning and special use permit, both requests may be submitted jointly, subject to the following:

a)

The ordinance procedures for each [request] shall be followed as specified.

b)

All applicable standards and specifications required by the ordinance shall be observed.

2.

Data required.

a)

The special form shall be completed in full by the applicant including a statement by the applicant that section 2203 can be complied with.

b)

Final approval of a site plan that conforms to the requirements of section 311.

c)

Preliminary plans and specifications of the proposed development.

3.

Planning commission review and hearing.

a)

The planning commission shall publish notice and hold a public hearing as required for a special use review within 60 days of receiving a technically complete special use and site plan application, as required by chapter 3, site plan review requirements and procedures and chapter 22, special uses - special use permit requirements.

b)

The planning commission will make its recommendation regarding the special use application at the next regularly scheduled meeting of the planning commission following the public hearing held to review the application, unless additional information is required from the applicant. If additional information is required, the planning commission will make its recommendation at the next regularly scheduled meeting after receipt of the requested additional information, provided the additional information is received no later than 15 days prior to the meeting.

c)

The recommendation of the planning commission shall be forwarded to the township board within 60 days of the approval of the minutes of the meeting at which the planning commission issues its recommendation. The township board will consider the recommendation of the planning commission and render its decision to grant or deny a special use permit, or to grant approval with conditions, as stipulated by this Ordinance at this meeting, within 60 days of the receipt of the application recommendation from the planning commission, unless additional information is requested. If additional information is requested, the township board will make its decision at the next regularly scheduled township board meeting after receipt of the requested additional information, provided the additional information is received no later than 15 days prior to the meeting.

d)

Failure of the township to act within the above-specified time limits shall not be deemed to constitute the grant of a special use permit.

4.

Township board action. Upon receipt of the planning commission's recommendation, the township board shall consider the special use permit application within the time frame as stated in 3.c) above. The township board shall approve or disapprove the recommendation of the planning commission. Only upon approval by the township board may a special use permit be issued by the zoning administrator.

5.

Expiration and extensions of special use permits.

a)

Expiration: A special use permit issued pursuant to this chapter shall be valid for one year from the date of issuance of said permit. If construction or change in use has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the zoning administrator shall notify the applicant in writing of the expiration of said permit, and no further notice or hearing shall be required.

b)

Extensions: Upon written application prior to expiration, the township board may authorize an extension of the time limit of the site plan approval for a period not to exceed one year. The extension shall be based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period. The township board may require compliance with any amendments to the zoning ordinance since the site plan was originally approved.

6.

Suspension or revocation.

a)

The township board shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements in chapter 22 or other applicable requirements or the standards as set forth in 6.b) or c) below.

b)

The township board may suspend or revoke a special use permit if one or more of the following circumstances should be found to exist:

i.

The special use was not constructed in conformance with the approved plans, or the property is not being used in conformance with the approved special use; or

ii.

Compliance with the special use permit and any conditions have not been consistently demonstrated and administrative attempts to secure compliance have been unsuccessful; or

iii.

The special use permit is issued erroneously on the basis of incorrect or misleading information supplied by the applicant and/or his/her agent; or

iv.

The operation of the use granted by the special use permit has created a risk or danger to the public health, safety or welfare

c)

The township board may also suspend or revoke a special use permit upon a finding that conducting or omitting any act, or permitting any condition to exist in connection with the special land use, is:

i.

Contrary to the health, morals, safety or welfare of the public; or

ii.

Unlawful, irregular or fraudulent in nature; or

iii.

Unauthorized or beyond the scope of the special use permit granted;

iv.

Forbidden by the provisions of this Ordinance or any other duly established rule or regulation of the township applicable to the business for which the license has been granted; or

v.

A nuisance upon or in connection with the premises including, but not limited to the following:

1.

An existing violation(s) of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes or ordinance; or

2.

A pattern of patron conduct in the neighborhood of premises which is in violation of the law and/or disturbs the peace, order and tranquility of the neighborhood; or

3.

Failure to maintain the grounds and exterior of the premises free from litter, debris or refuse blowing or being deposited upon adjoining properties; or

4.

Failure to maintain the grounds and exterior of the premises in accordance with an approved site plan.

d)

Procedure for suspension or revocation of license.

i.

If the zoning administrator determines that a holder of a special use permit has committed a violation of this Ordinance, the zoning administrator shall prepare a report in writing specifying (1) the specific factual details of such violation(s), and (2) the particular ordinance subsection(s) violated.

ii.

The zoning administrator shall file the original report so prepared with the township manager. The township manager shall conduct an investigation of the facts contained in such report, and upon belief that such facts provide evidence of a violation of this Ordinance, shall provide a copy to the township board, and serve a copy of such report upon the holder of the special use permit or its authorized agent or employee personally or by registered mail.

iii.

Within 20 days from the date such report has been filed with the township board, the township clerk shall set a date for a hearing within a reasonable period of time before the township board on the alleged violations(s) for a determination by township board as to whether or not the special use permit shall be suspended or revoked. Notice of the hearing shall be served by the township clerk upon the holder of the special use permit or its authorized agent or employee personally or by registered mail not less than 15 days before a scheduled hearing date, and such notice shall advise the holder of the permit of its right to be represented by legal counsel at the hearing before the township board.

iv.

At all such hearings, the special use holder of the permit shall have the legal right to defend against the allegations made by way of confronting any adverse witnesses, by being able to present witnesses in its own behalf, by being allowed to present arguments, personally or through legal counsel in its own behalf.

v.

The township board shall prepare a written statement of its findings within 30 days of the conclusion of all such hearings and shall serve such findings with the licensee either personally or by registered mail. If the township board decides that the special use permit shall be suspended or revoked, the holder of the permit shall not thereafter conduct, operate or carry on the business for which the special use permit was granted unless and until a new special use permit is issued.

7.

Right to challenge decision. An applicant who has been denied a special use permit, or whose special use permit has been suspended or revoked, may file an action challenging that denial in a court of competent jurisdiction. No application for a special use permit, which has been denied wholly or in part, shall be resubmitted to the township for a period of one year from the date of said denial, except on the grounds of new evidence or proof of changed conditions.

(Ord. No. 693, 11-27-2006; Ord. No. 718, 1-24-2011; Ord. No. 724, 9-26-2011)

Before formulating recommendations on a special use permit application, the planning commission shall establish that the following general standards, as well as specific standards, shall be satisfied:

1.

General standards. The planning commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on the proposed site will:

a)

Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity [and] that such a use will not change the essential character of the area in which it is proposed.

b)

Not be hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to the property in the immediate vicinity and to the community as a whole.

c)

Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and schools.

d)

Not create excessive additional requirements at public cost for public facilities and services.

e)

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

f)

Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use.

2.

Conditions and safeguards. The planning commission may recommend and the legislative body may stipulate such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this Ordinance will be observed. The breach of any conditions, safeguards, or requirement shall automatically invalidate the permit granted.

3.

Specific requirements. The general standards and requirements of this section are basic to all uses authorized by special use permit. The specific and detailed requirements set forth in the following sections relate to particular uses and are requirements, which must be met by those uses in addition to the foregoing general standards and requirements where applicable.

4.

Permitted use. Uses permitted by special use permit shall be those listed by districts as noted in Part II and as herein regulated, controlled or defined.

(Ord. No. 718, 1-24-2011)

1.

Authorization. In recognition of the many institutional types of nonresidential functions that have been found compatible and reasonably harmonious with residential uses, certain institutional uses specified in this section may be authorized by the issuance of a special use permit. Such permit shall not be issued unless all the procedures and applicable requirements stated herewith, together with the additional requirements of this section, can be complied with.

2.

Uses. The following uses may be authorized in those districts as noted in Part II and provided the applicable conditions are complied with:

a)

Institutions for human care. Hospitals, sanitariums, nursing or convalescent homes, homes for the aged, and philanthropic and charitable institutions.

b)

Religious institutions. Places of worship and premises used by a religious organization for worship along with any accessory uses on the same lot so long as they are subordinate, incidental to, and customarily found in connection with the primary use. Typical accessory uses may include a parish hall, a playground or picnic pavilion, or a daycare/nursery school.

c)

Educational and social institutions. Public and private elementary and secondary schools, and institutions for higher education, provided, that none are operated for profit; auditoriums and other places of assembly; and centers for social activities, including charitable and philanthropic activities, other than activities conducted as a gainful business or of a commercial nature.

d)

Public buildings and public service installations. Publicly owned and operated buildings, public utility buildings and structures, transformer stations and substation, and gas regulator stations.

3.

Institutions specifically prohibited. The following types of uses, but not limited to those enumerated, shall not be permitted in any residential district but may be allowed in an agricultural district.

a)

Institutions for human care.

b)

Camps or correctional institutions.

4.

Site location principles. The following principles shall be utilized to evaluate the proposed location of any institutional use within a permitted district. These principles are alterable, depending upon the specific conditions of each situation, but they shall be applied (by the planning commission) as general guidelines to help assess the impact of an institutional use upon the district in which such use is proposed to be located.

a)

Any institutional structure or use to be located within a residential district should preferably be located at the edge of a residential district, abutting either a business or industrial district, or adjacent to a public open space.

b)

Motor vehicle entrances should be made on a major thoroughfare or as immediately accessible from a major thoroughfare as to avoid the impact of traffic generated by the institutional use upon a residential area.

c)

Site locations that offer natural or manmade barriers that would lessen the effect of the intrusion of the institutional use into a residential area are preferred.

5.

Development requirements. A special use permit shall not be issued for the occupancy of a structure or parcel of land or for the erection, reconstruction, or alteration of a structure unless complying with the following site development requirements. These requirements are not alterable except as noted:

a)

Institutions for human care.

i)

The proposed site shall be at least five acres in area.

ii)

The proposed site shall have at least one property line abutting a major or minor arterial or principal collector as classified on the adopted major street plan. All ingress and egress to the off-street parking area (for guests, employees, staff) shall be directly from the arterial or collector street.

iii)

All two-story structures shall be at least 60 feet from all boundary lines or street lines. Buildings less than two stories shall be no closer than 40 feet to any property or street line. For buildings above two stories, the building shall be set back from the initial 60-foot setback on additional one foot for each foot of additional height above two stories.

iv)

No more than 25 percent of the gross site shall be covered by buildings.

v)

Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet in height. Access to and from the delivery and ambulance area shall be directly from a major, minor, or principal collector thoroughfare.

vi)

All signs shall be in accordance with the schedule outlines in chapter 5.

vii)

Off-street parking space shall be provided in accordance with the schedule outlined in chapter 4.

b)

Places of worship.

i)

The proposed site shall be at least one-half acre in size plus one-half per 100 seats in the main auditorium.

ii)

The proposed site shall be so located as to have at least one property line on a major, minor or collector street as classified by the adopted street plan. All ingress and egress to the site shall be directly onto said thoroughfares or a marginal access service drive thereof.

iii)

No building shall be closer than 40 feet to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located unless the building is set back from the initial 40 feet an additional one foot for additional height above the district height limitation.

iv)

No more than 25 percent of the gross site shall be covered by buildings.

v)

All signs shall be in accordance with the schedule outlined in chapter 48 of the Saginaw Charter Township's General Ordinances.

vi)

Off-street parking spaces shall be provided in accordance with the schedule outlined in chapter 4.

c)

[All other uses.] For all other uses that may be permitted except as previously controlled, and except public utility transformer stations, substations, gas regulator stations, and housing for religious personnel attached to a church or school function:

i)

The proposed site shall be at least one-half acre in area.

ii)

No building shall be closer than 40 feet to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located, except as may be provided under height exceptions for the district in question.

iii)

No more than 25 percent of the gross site area shall be covered by buildings.

iv)

All buildings shall be of an appearance that shall be harmonious and unified as a group of buildings and shall blend appropriately with the surrounding area.

v)

All signs shall be in accordance with the schedule outlined in chapter 5.

vi)

Off-street parking shall be provided in accordance with the schedule outlined in chapter 4. No parking space shall be provided in the front yard, and the parking area shall be screened from surrounding residential area by a wall or fence in combination with suitable plant material not less than five feet in height.

d)

For public utility transformer stations and substations, gas regulator stations, and housing for religious personnel attached to a church or school function:

i)

Lot area and lot width shall be not less than that specified for the district in which the proposed use should be located.

ii)

Yard and setback requirements shall not be less than that specified for the district in which the proposed use would be located.

iii)

No building shall be erected to a height greater than that permitted in the district in which the proposed use would be located.

iv)

Not more than 25 percent of the lot area may be covered by buildings.

v)

All buildings shall be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings on the same site development.

vi)

Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material and it shall be fenced for safety. All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

vii)

All signs shall be in accordance with the schedule outlined in chapter 5.

viii)

Off-street parking space shall be provided in accordance with the schedule outlined in chapter 4.

(Ord. No. 692, 10-23-2006)

1.

Authorization. In recognition of the need for open space and recreational facilities to serve persons living and working within agricultural, residential and office-business areas, certain uses as stated in this section are considered to be compatible within the aforementioned districts. Such open space and recreational uses are only deemed compatible within residential, agricultural or office-business districts when authorized under Part II and by issuance of a special use permit pursuant to district allowance and all standards herein specified.

2.

Uses. The following uses may be authorized pursuant to district allowance, provided the applicable requirements are complied with:

a)

Golf courses and ancillary golf driving ranges.

b)

Country clubs and ancillary golf driving ranges.

c)

Tennis, racket sport, and swimming facilities (public or private). Accessory uses for the above uses shall be constructed to include restaurants and other eating or drinking establishments and such retail sales directly connected with the conduct of the principal use.

3.

Site location principles. The following principles shall be used in evaluating the proposed location of a permitted use under section 2205:

a)

Allowed use should be accessible from a major or minor arterial street or principal collector as classified by the adopted major street plan.

b)

Site location should be allowed which enhance the natural environment and amenities of urban life.

4.

Development requirements. The following standards shall be applicable as basic requirements for the use of land or for the erection, reconstruction, or alteration of permitted structures:

a)

Minimum site shall be 50 acres or more and access shall be so designed as to provide all ingress and egress directly onto or from an arterial or principal collector thoroughfare; provided, however, that the minimum site for tennis, racket sport and swimming facilities may occupy no less than four acres.

b)

Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

c)

Off-street parking shall be provided as required in chapter 4, which shall include additional spaces which may be required for such accessory uses as a restaurant or bar.

d)

Signs shall be in accordance with the schedule outlined in chapter 5.

e)

Minimum yard standards shall be the dimensional requirements of the district in question. No building shall be erected to a height greater than that permitted in the district in which it is located, except as may be provided under height exceptions for the district in question.

1.

Authorization. Mobile home park developments are herein recognized as fundamentally a residential use and that treating mobile home parks as a residential classification, subject to particular conditions and standards, will best promote the public health, safety, comfort, convenience, prosperity, and the general welfare as set out in this Comprehensive Zoning Ordinance.

The special features and demands of mobile home parks require full considerations of their site location, design and improvement; their demands upon public services and utilities; and their relationship to and effect upon adjacent land uses. Mobile home park developments, because of their nature, are permitted, where compatible, pursuant to district allowance under chapter 9, A-2 agricultural district.

The planning commission with approval of the township board may authorize the construction, expansion or operation of a mobile home park within an allowed district, subject to all the conditions and standards herein set forth.

2.

Uses. A mobile home park development may include any or all of the following uses; provided, that a plan of the proposed development is approved by the State of Michigan in accordance with Public Act No. 243 of 1959, as amended, and provided further that said development proposal meets the standards and conditions and all other provisions as herein established.

Editor's note— Public Act No. 243 of 1959 (MCL 125.1001 et seq.) is inapplicable to the above. Successor provisions are found in the Mobile Home Commission Act (MCL 125.2301 et seq.).

a)

Mobile homes designed for occupancy as a single-family dwelling unit, and containing a minimum of 720 square feet of living area within the mobile home.

b)

Accessory buildings and services required for normal operation of the mobile home park. Such establishments or service facilities shall be designed and intended to serve frequent trade or needs of persons residing within the park and may be permitted, provided that such uses:

i)

Shall not occupy more than ten percent of the area of the park.

ii)

Shall be subordinate to the residential character of the park.

iii)

Shall present no visible evidence of commercial character to any area outside of the park boundaries.

c)

Maintenance building for conducting the operation and maintenance of a mobile home park. Only one permanent building can be established; however, a caretaker's residence may be established within or in addition to said permanent building.

d)

Mobile home sales and display areas, provided it is an accessory use to the mobile home park and the following conditions are met:

1.

Display areas for mobile homes must be compatible with the residential character of the park and maintained in a residential setting.

a)

All mobile homes displayed for sale must be provided with a stand consisting of a solid concrete pad not less than four inches thick and not less than the length and width of the mobile home placed upon it.

b)

Protective skirting shall be placed around the area between the ground surface and the floor level of each mobile home displayed so as to prevent that area from forming a harborage of rodents, to avoid the creation of a fire hazard, or to expose unsightly conditions.

c)

Concrete walkways shall be installed leading from one mobile home site to another.

d)

Suitable landscaping shall be installed adjacent to each mobile home so as to effectuate a residential setting.

e)

Parking shall be provided in accordance with the provisions contained within the general off street parking and loading standards cited in chapter 4 of this Zoning Ordinance.

f)

Storage of mobile homes for sale (inventory) shall be located within a designated area of the park that is not visible from outside the park.

2.

The planning commission may require other site improvements not listed within section 2206 to help insure that the display area is maintained in a residential character and that it does not have a detrimental effect on adjacent properties.

3.

Uses specifically prohibited. It shall be unlawful for any person to construct, establish, maintain, operate, alter or extend any mobile home park within the limits of the community except under the provision as herein set. It is further required that no recreation equipment or vehicles such as campers or camper trailers, snowmobiles, boats or items of similar character shall be parked or stored upon an individual mobile home site. Storage or parking shall be within a common facility or area provided as an integral part of the mobile home park.

4.

Development requirements. The following minimum requirements, guidelines, and standards shall be used in considering the issuance of a special use permit for a mobile home park.

In addition to the provisions to this Ordinance, all mobile home parks shall comply with Public Act No. 243 of 1959, as amended, proof of which shall be established by presentation of a certified copy of construction permit issued by the state prior to final approval of special use permit.

If any of the requirements of this section are less restrictive than the State Act (Public Act No. 243 of 1959, as amended) the state requirements shall prevail.

Editor's note— Public Act No. 243 of 1959 (MCL 125.1001 et seq. is inapplicable to the above. Successor provisions are found in the Mobile Home Commission Act (MCL 125.2301 et seq.).

5.

Park site standards.

a)

Minimum site size for mobile home park shall be 15 acres.

b)

Minimum number of mobile home spaces shall be 60. At least 60 mobile home spaces shall be completed and ready for occupancy along with related park improvements before first occupancy.

c)

Minimum length of residential occupancy shall be 30 days and no mobile home shall be admitted to any park unless it meets the requirements of subsection (d) as follows.

d)

Minimum standards for plumbing, heating, electrical systems and construction shall be those set forth in the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing an Urban Development being 24 CFR 3280, as amended.

e)

Arterial right-of-way. The developer shall deed to the county road commission any additional arterial streets right-of-way required under road classification standards.

f)

Minimum site location standards require each proposed site to have at least one property line not less than 150 feet in length abutting an arterial street as defined by the major street plan. All ingress and egress points shall be provided directly from said arterials or collector streets. The arterial or collector road shall be paved and of sufficient design capacity as required by the Saginaw County Road Commission to safely and effectively handle any increased traffic generated by the mobile home park. If the arterial road does not meet the required standards of the Saginaw County Road Commission, the developer of the mobile home park shall pay the cost of the improvements on the roadway abutting the mobile home park site which are necessary before a special use permit is granted.

g)

Minimum site access standards require a minimum of two site access points and all points of entrance or exit from the mobile home park are to be paved to a minimum width of 24 feet for a two-way or one-way. All street entrance or exit drives shall not be located closer than 200 feet from the intersection of any two arterial streets, and no street parking shall be allowed within 100 feet of intersection with public street.

h)

Maximum height for any building or structure shall not exceed (2½ stories or 35 feet.

i)

Each entrance to a mobile home park development shall be permitted to have a maximum of one ground-mounted sign not exceeding 24 square feet. The sign may be lighted, provided the source of the light is not visible and not the flashing or intermittent type. The sign shall not be located within any road right-of-way or proposed road right-of-way as defined in section 303.

j)

Minimum site yard dimensions require that no mobile home or any building upon the premises shall be located closer than 60 feet from any property line.

6.

Mobile home space standards.

a)

The design and development of mobile home parks shall be subject to all current provisions of the Mobile Home Commission General Rules as adopted by the Michigan Mobile Home Commission or its successor, which are hereby incorporated by reference as part of this Ordinance.

b)

Mobile homes must be tied down sufficiently to withstand shifting, overturning, and blowing away in sustained winds up to 80 miles per hour or buckling due to pressure of tie down straps.

7.

Utilities standards.

a)

Sanitary sewer and water facilities to all mobile homes shall be connected to public facilities. Mobile home parks are permitted only with connection to public facilities. The developer shall submit a report from a civil engineering firm showing the effect of the proposed development on the existing township sewer and water system.

b)

Electric lines to each mobile home park space shall be installed underground and specially designed for that purpose. When separate meters are installed, each meter shall be located in a uniform manner.

c)

Natural gas service to each mobile home park space shall be installed underground. When separate meters are installed, each meter shall be located in a uniform manner.

8.

Parking, streets, and walkways. All driveways, streets, parking areas and walkways within the mobile home park shall be provided with surfacing of bituminous or concrete which shall be durable and well drained and adequately lighted with lighting units so spaced and of such capacity and height for safety and ease of movement of pedestrians and vehicles at night.

a)

Minimum parking standards of two spaces per mobile home are required and required parking shall be off-street parking and shall be so located as to be convenient to residents and visitors.

b)

Park street standards provide that each mobile home space shall have access to a street which shall meet the following specification where appropriate to its character.

All permitted on-street parking shall be parallel and so arranged as not to impair the free movement of traffic or the safety of residents or visitors.

c)

Curb and gutter shall be provided for all streets and all street construction shall be in accordance with specifications as required by the Saginaw County Road Commission.

d)

Walkway standards provide that walks [to] be provided from mobile homes to service buildings and mobile home facilities shall be at least four feet in width and walks used in common by one to three mobile homes shall be at least 30 inches in width.

e)

Lighting. The developer shall submit a park lighting scheme previously approved by Consumers Power Company.

9.

Buffers, landscaping and recreation.

a)

Greenbelt buffer of 20 feet in width shall be located within the 60-foot yard area as established herein.

This greenbelt shall be established and continually maintained and shall consist of trees and shrubs to protect privacy for the mobile home residents and to shield the mobile homes from surrounding areas.

The greenbelt shall contain at least one row, either straight or staggered, of deciduous and/or evergreen trees spaced not more than 40 feet apart and at least three rows of deciduous and/or evergreen shrubs spaced not more than eight feet apart.

b)

Fence requirements provide that a fence be built around the site of not less than five feet nor more than six feet in height, constructed of woven wire or open metal or wood pickets or boards or masonry, or any combination thereof.

c)

Recreation space standards provide that common recreation space of not less than ten percent of the gross mobile home park area shall be developed and maintained by the mobile home park owner. This area shall not be less than 100 feet in its smallest dimensions and its boundary no further than 500 feet from any mobile home space within its service area.

Yard requirements as set out in this Ordinance are not to be defined as recreational areas in obtaining the minimum area of ten percent as set forth herein.

d)

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

10.

Public health and safety.

a)

Storage, collection and disposal of refuse and garbage shall be so conducted as to create no health hazards, rodent harborage, insect breeding area, fire hazards, or pollution of air or water bodies. All refuse and garbage shall be collected at least once weekly through a suitable public or private agency, if available. If such is not available, the mobile home park owner shall provide this service. Garbage containers shall be located in a uniform manner at each mobile home space and so designed to be of a permanent character or located out of general view of the public.

b)

Suitable fire hydrants shall be installed in all mobile home parks in conformation with the determination of the fire chief.

c)

To aid protection of the public safety, an orderly street naming system and numbering system shall be established by the mobile home park owner, and a plan of this system shall be verified by the local Post Office Department and filed with the community fire and police department. Mobile home space numbers shall be located uniformly on each space throughout the mobile home park and street names shall be adequately marked.

d)

Dogs, cats, or other pets shall not be permitted to run at large or to commit any nuisance within the park.

e)

Cooking shelters, barbecue pits or grills and fireplaces shall be so located, constructed, maintained and used as to minimize fire hazards and smoke or odor nuisances both on the site and on neighboring property. Open fires shall not be allowed except in facilities provided and all such fires must be attended. No fuel shall be used or items burned which emit dense smoke or objectionable odors.

11.

Miscellaneous provisions.

a)

(Resident) supervision and maintenance. The mobile home park shall be operated in compliance with the provisions of this Ordinance, and the mobile home park owner(s) shall provide a designated individual, in residence, to adequately supervise and maintain the park, its facilities and its equipment in good repair and in a clean and sanitary condition.

b)

Performance bond. Upon granting a special use permit, a bond, executed by any surety company authorized to do business in the State of Michigan, may be required to be delivered to the township board by the applicant for the faithful performance of the provisions of this Ordinance and conditions of the special use permit. Said bond shall be in an amount to be determined by the township board and shall be conditioned upon the completion of all acts relative to the construction, alteration or extension of any mobile home park within a period of time to be determined as a condition of the special use permit.

c)

[Annual inspections.] Inspection of mobile home parks is authorized and the building inspector is directed to make at least yearly inspections of the premises to insure conformance with these ordinance provisions and all other applicable codes and regulations. The chief of the local fire department or his designated representative is directed to make at least yearly inspections of the premises to insure adequate provisions for fire protection are being observed in the interest of the public safety.

d)

[Television antennae.] Master television antenna shall be provided by the mobile home park development with underground connection to each homesite. No television antennas shall otherwise be provided or allowed within the mobile home park.

e)

[Sale or lease restricted.] No lot within the mobile home park development shall be sold or leased for more than five years by the proprietor thereof or by his heirs, executors, administrators or legal representatives.

f)

[Sectional or component homes.] Sectional or component homes as a permitted use are allowed within a mobile home park development, subject to all site requirements for residential uses as permitted in R-1 residential district, and further that only up to 25 percent of total allowed units within the park may be for sectional or component homes or a combination not to exceed 25 percent.

(Ord. No. 620, 7-16-2001)

1.

Authorization. Rapid and intensive urbanization over the past decades has produced a need for an economical single-family living unit that is adaptable to urban densities, while retaining many of the attractive features of the suburban home. Among the housing concepts emerging to meet this need are townhouses, row houses, garden apartments, and similar types of housing units with common property areas, cluster types of subdivisions in which housing units are arranged in cluster forms with clusters separated from each other by common open space, and housing units developed with related recreational space, such as golf courses, swimming pools, private parks, community centers, and other recreational facilities.

It is the purpose of this section to permit greater flexibility and encourage more imaginative design of large parcels in residential areas than is possible under conventional zoning regulations without sacrificing established values and rights to adequate light, air, noise, and privacy. Rather than having specific standards applied to a development, the process of negotiation will play a significant role. Negotiation will allow each project to be reviewed on its own merits and considered in terms of what the site can bear rather than in terms of what is allowable under conventional regulations. Criteria set forth within this section will allow a planned reduction of averaging of individual lot area requirements for each zone district, providing the overall density requirements for each district remains the same. Such averaging or reduction of lot area requirements shall only be permitted when a landowner, or groups of landowners acting jointly, can plan and develop a tract of land as an entity and thereby qualify for regulation of the tract of land as one complex land use unit rather than an aggregation of individual buildings located on separate unrelated lots.

A planned unit development shall be designed to achieve compatibility with the surrounding area, to encourage economy and efficiency in proving public services and utilities, and to bolster the development of more useful open spaces. A premises basic to this Ordinance is to consider only developments that will result in lasting value and make a contribution to both social and economic stability in the township. Finally, because flexibility is inherent in the concept of a planned unit development, a higher degree of public direction and scrutiny is an essential part of this Ordinance. Under these conditions, a special use permit may be issued for the construction and occupancy of a planned unit development, providing the standards, procedures, and requirements set forth in this section can be complied with.

2.

Objectives. The following objectives shall be considered in reviewing any application for a special use permit for planned unit development:

a)

To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, ponds, floodplains, hills, and similar natural assets.

b)

To encourage the provision of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units.

c)

To encourage developers to use a more creative and imaginative approach in the development of residential areas.

d)

To provide for more efficient and aesthetic use of open areas by allowing the developer to reduce development costs through the bypassing of natural obstacles in the residential site.

e)

To encourage variety in the physical development pattern in the community by providing a mixture of housing types.

3.

Definitions.

a)

Planned unit development. A residential development planned and developed as a unit under unified control according to comprehensive and detailed plans, including a program providing for the continual maintenance and operation of such improvements, facilities, and services which will be for the common use of the occupants of the planned unit development.

b)

Common yard areas. The area in a condominium project of a planned unit development that is utilized as part of the required setbacks for structures, including the area between the front of the structure and the street.

c)

Common open space. Lands that are required to be set aside as part of the lot averaging or reduction requirement of this section. These lands shall be under the common ownership of all residents in the planned unit development and are to be used for park, recreation or environmental amenity. Common space shall not include public or private streets, driveways, or parking areas. Within these lands only facilities and structures for recreational purposes may be constructed. The total impervious area of roofs and paving shall constitute not more than one percent of the total open space.

d)

Attached single-family dwelling. A single-family dwelling unit attached to one or more other single-family dwelling units by means of a common party wall or by a connecting wall or similar architectural feature, such as a garage or carport, and with such dwelling having its own doors which open outdoors.

e)

Detached single-family dwelling. A detached building containing only one dwelling unit.

f)

Homeowners' association. An association of all owners of a project organized for the purpose of administering, managing and maintaining the common open space and common property and facilities. This association shall be described in all covenants, deeds, or other recorded legal documents which affect the title to any land within the development.

4.

Uses that may be permitted. The following uses of land structures may be permitted within planned unit developments, subject to the district limitation as thereinafter listed:

a)

Single-family (in R-1A district).

b)

Two-family dwellings (in R-2, R-3, or R-4 districts).

c)

Townhouses and other similar housing types which can be defined as a single-family dwelling unit with no side yard between adjacent units within a structure; and further, the attached dwelling units shall offer separate and individual family living units with no other family living unit above or below it (in R-1A, R-2, R-3, or R-4 districts); provided, that in R-1A zones the density shall not exceed three units per acre and that a contiguous group with a uniform building line shall not exceed 160 feet in length within R-1A or R-2 districts. Furthermore, said units shall not have their common walls overlap by more than 30 percent so as to effectuate an offset of each dwelling unit contained within a structure.

d)

Garden apartments, which are multiple-family structures that provide separate and individual living units at more than one level or story within a common structure of up to 2½ stories, but not exceeding 35 feet in height (in R-3 or R-4 districts).

e)

Recreation and open space (in R-1A, R-2, R-3 or R-4 districts); provided, that only the following land uses may be set aside as common land for open space or recreation use under the provision of this section: private recreational facilities, such as golf courses, swimming pools, or other recreational facilities which are limited to the use of the owners or occupants of the lots located within the planned unit development, historic building sites or historical sites, parks and parkway area, ornamental parks, extensive areas with tree cover, areas of rough terrain when such areas have natural features worthy of scenic preservation.

f)

Customary accessory uses, as permitted in districts where located.

g)

Planned neighborhood shopping centers (in an R-3 or R-4 district), provided all standards of section 2208 are met and provided planned unit development contains a minimum of 40 acres.

5.

General development standards. Any application for a special use permit shall meet all of the following conditions in order to qualify for consideration as a planned unit development:

a)

Minimum project area. The planned unit development site shall be not less than ten acres in area.

b)

Common open space. Common open space shall be distributed more or less uniformly throughout the total site area. Wherever possible open space shall be encouraged to be set aside in large blocks of land. Deliberate efforts must be made to preserve important landscape features and amenities of long-term value and use these features as key components of design. Common yard areas shall not be utilized as common open space.

c)

Unified control. All common lands within a proposed planned unit development shall be under the control of a single applicant, with that applicant being an individual, partnership, corporation, or group of individuals, partnerships or corporations.

d)

Utilities. Planned unit developments shall provide for the underground installation of utilities, including, electricity and telephone. An application shall not be approved until assurance is given that public sanitary sewer and water service will be provided to the development.

e)

Density computation. The lot area for planned unit developments within residential districts may be averaged or reduced from those sizes required by the applicable zoning district within which said development is located by compliance with the following procedures:

1)

Site acreage computation. The gross acreage proposed for a planned unit development shall be computed to determine the total land area available for development into lots or dwelling units.

2)

[Gross acreage figure.] In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots and/or dwelling units that may be created under this procedure:

a)

Lands utilized by public utilities as easements for major facilities, such as electric transmission lines, sewer lines, water mains, road easements, or other similar lands which are not available to the owner because of such easements.

3)

Maximum number of lots and dwelling units. After the total gross area available for development has been determined by the above procedure, the maximum number of lots and/or dwelling units that may be approved within a planned unit development shall be computed by subtracting from the total gross area available a fixed percentage of said total for street right-of-way purposes and dividing the remaining net area available by the minimum lot area requirement of the zoning district in which the planned unit development is located.

a)

The fixed percentages for street right-of-way purposes to be subtracted from the total gross area available for development shall be determined according to the following schedule:

These percentages shall apply regardless of the amount of land actually required for street right-of-way.

4)

Density bonus. Recognizing that good project planning, with provisions for adequate and developed open space and sound site design minimize the effects of crowding associated with higher densities, the developer at the time of submission of a request for issuance of a special use permit may also request a maximum of up to ten percent increase in permitted dwelling unit density as computed above.

a)

Said request may be granted as a condition of special use permit, provided increased density does not result in creation of any of these conditions:

1)

Inconvenience or unsafe access to the planned development. Traffic congestion in streets which adjoin the planned development.

2)

An excessive burden on public services or utilities, including schools which serve the planned development.

5)

[Density of project; how determined.] When more than one zoning district is involved in an application for a planned unit development, the density of the project will be based on the average of the zoning districts involved, weighted in direct proportion to the size of the property within the project in each zone.

f)

Permissive minimum lot area. Notwithstanding other procedures set forth in this section, lot sizes within planned unit developments shall not be varied or reduced in area below the following minimum standards:

1)

One-family detached dwelling structures: 8,250 square feet of lot area.

2)

Two-family dwelling structures: 9,350 square feet of lot area.

3)

Townhouses, row houses, or other similar permitted dwelling types: 4,000 square feet of lot area for the first dwelling unit in each structure plus 2,800 for each additional dwelling unit within a structure.

4)

Garden apartment structures: 4,000 square feet of lot area for the first dwelling unit in each structure plus 2,250 square feet of lot area for each additional dwelling unit within the structure.

6.

Design standards. A planned unit development project shall be developed in accordance with the following standards:

a)

Site perimeter.

1)

Where a planned unit development abuts a residential or commercial zoning district, all structures shall be at least 30 feet from any perimeter boundary line, except that structures in excess of 40 feet in length shall be set back an additional foot for every five feet by which the building exceeds 40 feet.

2)

Where a planned unit development abuts a residential zoning district, no intensive recreational building or facility shall be located within 50 feet of any perimeter boundary line.

3)

Except for single-family detached dwelling units, where a planned unit development abuts a residential district, no parking area shall be within 40 feet of any perimeter boundary line.

b)

Dimensional requirements.

1)

Front yard. Sixty [feet] from the centerline of the road for dwellings. Front yard requirements may be varied by the planning commission after consideration of common greens or other common open space. In no case shall front yard setbacks be less than 50 feet from the center of the road.

2)

Side yard. Ten feet on each side for all one-family and two-family dwellings; for townhouses or row houses, provided that there shall be a minimum of 20 feet between ends of contiguous groups of dwelling units. Side yard requirements may be varied by the planning commission after consideration of common greens or other common open space. In no case shall side yard setbacks be reduced below six feet on each side or 12 feet between contiguous groups of buildings.

3)

Rear yard. Twenty-five feet for all dwellings. Rear yard requirements may be varied by the planning commission after consideration of common space lands or parks which abut the rear yard.

4)

Lot width. Lot width requirements may be varied from by the planning commission after consideration of the common greens or other common open space.

5)

Maximum permissive building height. Two and one-half stories but not exceeding 35 feet. Accessory buildings shall not exceed a height of 15 feet.

6)

Minimum floor area per dwelling unit. Minimum floor area per dwelling unit shall be the same as specified for the district within which the planned development is located.

c)

[Reserved.]

d)

Access and circulation.

1)

Public streets shall be encouraged. However, private streets may be permitted by approval of the township planning commission or township board, provided they are designed to allow sufficient access for emergency vehicles to the dwelling units they will serve. Private streets shall be constructed with curb and gutter and in accordance with standards adopted by the Saginaw County Road Commission.

2)

Roadway access for planned unit developments will be reviewed in accord with standards set forth in the subdivision regulations of the township.

3)

Improved walkways shall be provided to allow access to all common open spaces within the planned unit development.

e)

Parking standards.

1)

Design and layout of parking areas shall be compatible with the surrounding development. Parking for residence and guests must be considered in the overall design.

2)

A single parking area shall contain no more than 20 parking spaces.

3)

Within a parking area, no more than ten spaces shall be permitted in a continuous row without being interrupted by landscaping.

4)

All areas shall be adequately lighted. Lighting shall be in accordance with section 407 of this Zoning Ordinance.

5)

Spaces required:

i)

One-bedroom units—two spaces.

ii)

Two or more bedroom units—three spaces.

6)

Parking lots shall be screened from adjacent roads and buildings with hedges, fences, walls, dense plantings or berms.

f)

Landscaping. A minimum of two trees shall be provided in the front yard areas of each lot or dwelling structure. Tree spacing shall not exceed 25 feet. Trees shall be a minimum of six feet at time of planting.

1)

All unimproved surface areas of the site shall be planted with grass, ground cover, shrubbery, or other suitable landscaping material. The planning commission or township board may waive this requirement in an effort to maintain the natural characteristics of the land.

2)

The perimeter of a planned unit development shall be landscaped in accordance with a Type B bufferyard as required in section 303(4) of this Zoning Ordinance. The planning commission or township board may waive this requirement for all or a portion of the perimeter based upon existing conditions.

g)

Privacy. Each development which contain attached units shall provide visual and acoustical privacy for dwelling units. Features such as fences, screening walls, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants.

7.

Open space requirements. For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this section, equal amounts of land shall be provided in open space.

a)

Preservation of common open space. All open spaces, tree covers, recreational areas, scenic vistas, or other authorized open land areas shall be either set aside through an irrevocable conveyance for use as common land for the sole benefit, use, and enjoyment of present and future lot or home owners within the development or shall be dedicated to the township as park land for the use of the general public. The planning commission shall recommend as part of its approval of a special use permit for a planned unit development:

1)

That open space land shall be covered by proper legal procedures from the tract owner or owners to a homeowners' association or other similar nonprofit organization so that fee simple title shall be vested in tract lot owners as tenants in common.

2)

That open space land shall be dedicated to the general public for park or recreational purposes by the tract owner or owners; provided, that the location and extent of said land conforms to the development plan of the township; and provided further, that access to and the characteristics of said land is such that it will be readily available to and desirable for public use, development, and maintenance. It is the intent of this section that in cases where this option is determined to be in the best interests of the township that the owners or developers of the planned unit development shall not be compelled or required to improve the natural condition of said open space lands.

b)

Dedication of open space. The dedication of open space may include:

1)

A recorded deed restriction;

2)

Covenants that run perpetually with the land; or

3)

A conservation easement established per Public Act No. 197 of 1980, as amended [now repealed. See pt. 21, subpt. 11 of the Natural Resources and Environmental Protection Act (MCL 324.2140 et seq.).]

c)

Language contained in conveyance. Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

1)

Indicate the proposed allowable use(s) of the dedicated open space.

2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space.

3)

Provide standards for scheduled maintenance of the open space.

4)

Provide for maintenance to be undertaken by the township in the event that the dedicated open space is inadequately maintained or is determined by the township to be a public nuisance, with the assessment of cost upon the property owners.

d)

Structures built in open space areas. Any structure(s) or building(s) accessory to recreation, conservation or agriculture may be erected within the dedicated open space subject to an approved open space plan. These accessory structure(s) or building(s) shall not exceed, in the aggregate, one percent of the required open space area.

8.

[Signs.] Signs in accordance with chapter 5.

9.

Review process. A planned unit development shall be reviewed in accordance with the standards set forth in section 311 of this Zoning Ordinance. Any planned unit development which will result in the creation of parcels of land under separate or common ownership shall comply with the provisions of the following public acts:

a)

Subdivision Control Act [now Land Division Act], (Public Act No. 288 of 1967 (MCL 560.101 et seq.).

b)

Condominium Act, (Public Act No. 59 of 1978 (MCL 559.101 et seq.).

State Law reference— Planned unit developments, MCL 125.286c, 125.286d.

1.

Authorization. Continued urban expansion, combined with the ever increasing needs of neighborhood residents for services and goods which are conveniently located and attractive, together with the undesirable nature of strip commercial and scattering of commercial uses, require a provision for planned neighborhood shopping centers within developing areas. These centers are required to have some flexibility of location, yet their impact upon adjacent properties and public facilities must be controlled in the public interest.

A planned neighborhood shopping center is intended to permit developments that will, over time, be enhanced by coordinated site planning and a mix of uses. Such developments are intended to provide a safe and efficient system for vehicular and pedestrian traffic, to enable economic design in the location and provision of public and private utilities, and to provide for controlled growth while minimizing the impacts of scattered and sometimes leap-frog development.

The proposed neighborhood shopping centers are then developed with unified architecture and site design. This special land use is intended to allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community.

It is the purpose of this section to provide for the potential of these shopping centers, without the necessity of indicating specific sites in advance.

2.

Objectives. The following objectives shall be considered in reviewing any application for a special use permit for a planned neighborhood shopping center:

a)

To promote a more completed urban design which includes necessary neighborhood services conveniently located and attractively designed.

b)

To encourage developers to use creative and imaginative approaches in the development of neighborhoods.

c)

To allow for appropriate commercial development in conjunction with a residential planned unit development.

3.

Qualifying conditions. In applying for a special use permit as a planned neighborhood shopping center, applicants should keep in mind that the approval of the shopping center, in terms of layout, design, uses and all other related site improvements runs with the property itself and not the property owner. This means that any transfer of property will require the new owner or owner(s) to meet the provisions of the shopping center as approved by the township. Modifications or transfer must follow requirements as set forth in section 2208(7).

To qualify for consideration as a planned neighborhood shopping center the following conditions shall be met:

a)

The proposed center is designed and will be developed with a unified architectural treatment as provided for in section 2208(6).

b)

If developed independently of a residential planned unit development, the center shall be on a site of no less than four acres and shall contain at least five individual uses.

c)

To be eligible for consideration as part of a residential planned unit development, the planned unit residential development must be a minimum of 40 acres.

d)

The center must have one property line on a street classified as a principle arterial as shown on the township's road designation map. Ingress and egress to the development shall be coordinated and approved by the planning commission.

4.

Uses that may be permitted. The following uses of land and structures may be permitted within a planned neighborhood shopping center:

a)

Retail food establishments, as permitted in B-3 districts.

b)

Other retail businesses, as permitted in B-2 districts.

c)

Personal service establishments, as permitted in B-2 districts.

d)

Offices for professional services, as permitted in B-2 districts.

e)

Professional offices, as permitted in B-2 districts.

f)

Restaurants and other eating or drinking establishments which provide food or drink for consumption on the premises provided that such establishments shall not be so-called "drive-in" facilities.

g)

Temporary outdoor uses, such as displays, Christmas tree sales lots, revival tents, or other quasi-civic activities may be permitted on a temporary basis in accordance with the conditions stated in section 1603(2).

h)

Outdoor uses including public parks, recreational facilities.

i)

Off-street parking and loading as required and allowed.

5.

Development requirements. In addition to the qualifying conditions listed in subsection (3) above, the following requirements shall be met:

a)

Minimum yard requirements.

Each lot shall have a minimum front yard of 40 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading, or accessory structures.

Side yards shall not be less than 20 feet and in the case of a corner lot the side yard on the street side shall be a minimum of 40 feet.

Each lot shall have a rear yard of 30 feet.

The planning commission may vary the lot width, building setbacks, and other dimensional requirements in its review of the site plan. In determining the appropriate requirements, the planning commission shall take into account:

i)

The nature of existing and future land uses adjacent to and near the site;

ii)

The number, type and size of the building proposed for the site:

iii)

Location of natural and cultural features on the site;

iv)

Topography of the site;

v)

Provision of public utilities to the site;

vi)

Requirements for adequate fire, police and emergency vehicle access; and

vii)

The objectives of the planned neighborhood shopping center contained herein.

Additionally, side yards abutting any residentially zoned property shall contain a decorative masonry wall or opaque fencing no less than five feet nor more than eight feet in height consisting of a durable material and associated landscaping as approved by the planning commission.

b)

Maximum building height. The maximum building height shall be three stories or 40 feet.

c)

Maximum lot coverage. The maximum coverage of land by all buildings shall not exceed 30 percent.

d)

Off-street parking and loading requirements:

i)

Requirements for an allowed use shall be determined from the "Schedule of Parking and Loading Requirements" in chapter 4 of the Zoning Ordinance.

e)

Sidewalks. Sidewalks shall be required within a planned neighborhood shopping center. In addition, the planning commission may require additional sidewalks within a site in order to improve pedestrian access to buildings and protect pedestrian safety throughout the development. When requiring additional sidewalks, the planning commission shall consider the following criteria:

i)

The number, location, types, and use(s) of buildings proposed within the site.

ii)

The amount of traffic generated by the proposed uses.

iii)

The relationship of the roadway networks with individual site development.

(Ord. No. 651, 10-27-2003)

1.

Authorization. In order to facilitate the care of preschool children within a desirable environment, this section provides for the inclusion of nursery schools and child care centers within designated residential districts, in religious institutions within any zone district, and within designated commercial areas. This use may be authorized by the issuance of a special use permit or as otherwise cited when all of the procedures and applicable requirements stated and the additional requirements of this section can be complied with.

2.

Uses that may be permitted. Nursery schools, day nurseries, and child care centers (not including dormitories) may be authorized.

3.

Development requirements. The following requirements for site development, together with any other applicable requirements of this Ordinance, shall be complied with:

a.

Minimum site size. Eleven thousand and fifty square feet with 85-foot lot width at front building line.

b.

Outdoor play space: If an outdoor play area is provided it shall be screened with opaque fencing. When adjacent to residential uses and/or zoning districts, the outdoor play area shall be screened with a combination of landscaping and fencing.

c.

[Licensing and standard requirements.] Meet the licensing and standard requirements from the State of Michigan.

d.

[Maximum building height and maximum lot coverage.] Maximum building height and maximum lot coverage shall be no greater than what is permitted in the underlying district.

e.

[Off-street parking.] Off-street parking shall be provided in conformance with the schedule outlined in chapter 4.

f.

[Signs.] Signs as provided in chapter 5.

g.

[On-site circulation.] Provide for adequate on-site circulation, parking, loading, and unloading of children.

(Ord. No. 701, 3-26-2008)

1.

Authorization. Because funeral homes and mortuaries perform special and necessary services to urban populations, and in recognition of the unique location and site development characteristics of these functions, such uses of land may be authorized by special use permit within designated residential districts or as otherwise cited when all of the procedures and applicable requirements stated and the additional requirements of this section can be complied with.

2.

Uses that may be permitted. Funeral homes, undertaking parlors and mortuaries, provided that the conduct of all aspects of activities related to such uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building.

3.

Development requirements. The following requirements for site development, together with any other applicable requirements of this Ordinance, shall be complied with:

a)

Minimum site size. One and one-half acres with a minimum width of 150 feet.

b)

Site location. The proposed site shall front upon a major or minor arterial or principal collector as classified on the adopted street plan. All ingress and egress to the site shall be directly from said thoroughfare.

c)

Yards. Front, side and rear yards shall be at least 40 feet, except on those sides adjacent to nonresidential districts, where upon it shall be 20 feet. All yards shall be appropriately landscaped with trees, shrubs, and grass. No structure or parking areas shall be permitted in said yards, except that rear yards may be used for parking purposes under the requirements specified and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

d)

Signs as provided in chapter 5.

e)

Off-street parking as provided in chapter 4.

1.

Authorization. Increased demand for service facilities designed and intended solely to serve frequent trade or needs of families residing within larger multiple family complexes, as well as select retail uses compatible with office business complexes has created a need to provide limited mixed use alternatives within these types of developments. Specific establishments may be permitted by issuance of a special use permit when said permitted uses are an integral part of a complex as allowed and cited under Part II provisions.

2.

Multiple family service uses.

a)

Uses that may be permitted. Retail businesses and personal service establishments as defined in chapter 16, section 1602 (1), (2), and (5).

b)

Development requirements. Any application for a special use permit shall meet the following conditions in order to qualify for consideration for issuance of said permit:

i)

The multiple family development site shall contain a minimum of 150 family units and shall be under the control of one owner or group of owners at the time of development and shall be planned as a unit development.

ii)

No more than ten percent of the site shall be devoted to non-residential uses together with its required parking. Required yard areas shall be excluded from the total site are used for computing the allowed ten percent.

iii)

Commercial uses shall be subordinate to the residential character of the development and shall present no visible evidence outside of the site boundaries.

iv)

Unified architectural design requirements. A unified architectural design shall be incorporated into each multiple family service use in accordance with section 315 of the zoning ordinance.

3.

Office-business retail uses.

a)

Uses that may be permitted. Retail businesses and personal service establishments as defined in chapter 16, section 1602 (1), (2), and (5).

Exceptions:

i)

Developments containing 20 acres or more may have a retail establishment incorporated into the unified project that exceeds 4,000 square feet.

ii)

Retail establishments exceeding 4,000 square feet shall not be directly located adjacent to any residential district.

b)

Development requirements. Any application for a special use permit shall meet the following conditions to qualify for consideration for issuance of said permit.

i)

The office-business retail complex shall be located upon a minimum site of three acres and shall be under the control of one owner or group of owners at the time of development.

ii)

No more than 20 percent of the area of the site shall be devoted to permitted retail uses together with its required parking. Required yard areas shall be excluded from the total site area used for computing the allowed 20 percent.

iii)

Dimensional requirements of chapter 18, section 1805 shall be complied with.

iv)

Such projects shall be permitted only on a site that abuts a principle arterial or minor arterial street as shown on the townships road designation map.

v)

Required front yards and exterior side yards shall be limited exclusively for landscaping, driveways, internal circulation, walkways, parking signs, and other related streetscape features. Storage of material or products within such yards shall be prohibited.

vi)

Provisions for landscaping shall be included in the development plan for special use approval. These may include, but are not limited to, screen planting, lawn areas, trees, shrubs, fences and walls. Minimum landscape areas shall be provided equal to 25 percent of the required yard areas or equal to two and one-half square feet per lineal foot of street frontage. Additionally, landscape areas shall be distributed throughout the project site, including required yard areas between buildings, structures and the adjacent street right-of-way line. It shall be the responsibility of the owner or developer to carry out this program and provide such maintenance and care as is required to obtain the effect intended by the original plan.

vii)

In addition to other buffer requirements, when the back of a development adjoins property in a residential district, then a solid masonry wall or fence not less than six feet nor greater than eight feet in height or equivalent form of screening shall be installed and maintained by the developer to screen the back of the project form the residential property. Such screening shall be approved by the planning commission.

viii)

Lighting of parking lots shall be required for safety and security purposes. A common decorative lighting fixture and pole shall be prevalent throughout the project.

ix)

Sidewalks. Sidewalks shall be required within an office business retail development. In addition, the planning commission may require additional sidewalks within a site in order to improve pedestrian access to buildings and protect pedestrian safety throughout the development. When requiring additional sidewalks, the planning commission shall consider the following criteria:

a)

The number, location, types, and use(s) of buildings proposed within the site.

b)

The amount of traffic generated by the proposed uses.

c)

The relationship of the roadway networks with individual site development.

c)

Off-street parking and loading requirements.

i)

Requirements for an allowed use shall be determined from the "Schedule of Parking and Loading Requirements" in chapter 4 of the zoning ordinance.

d)

Unified architectural design requirements. A unified architectural design shall be incorporated into each office business retail complex.

4.

Amending or transferring a multiple family service use or an office business retail planned development.

Prior to a transfer of ownership or a change in use, the property owner or owners of the multiple family service or office business retail development must contact Saginaw Charter Township in writing to declare their intent and initiate an administrative review process.

a)

Administrative review process shall include but shall not be limited to the following:

i)

During and after the establishment of the multiple family service use or office business retail complex, the owners(s) or proponents of the proposed development shall strictly adhere to all conditions, schedules and development requirements recommended by the planning commission.

ii)

The owner(s) or proponent must submit any proposed modifications to the approved plan that specifically affects established densities, uses, an increase or reduction in size and scope of the project, modifications affecting publicly dedicated rights of way or easements, and alterations to the approved overall plan, including architectural design changes.

iii)

Should the owner/developer(s) wish to change a use or uses located in the development, the owner must submit a site plan application to the township describing the change. The submittal should meet all requirements as outlined in chapter 3, section 311 of the zoning ordinance.

(Ord. No. 653, 10-27-2003)

1.

Authorization. Facilities to serve motor vehicles are of considerable importance within urbanizing areas where the basic mode of transportation is by private automobile. The continued growth of motor vehicle registrations and of total miles traveled annually has stimulated additional needs for retailing gasoline and associated products. To meet the demands of location and space for this type of retail facility requires careful planning to properly integrate the service station function into the pattern of other commercial and retail activities serving the community. Because such integration requires special considerations relating to location, site layout, storage facilities, traffic, safety, and compatibility with surrounding uses of land, this Ordinance requires conformance to the standards set for a gasoline service station a[nd] permitted use within cited commercial districts.

2.

Objectives. It is the intent of this section to exercise a measure of control over service stations and permitted buildings and their sites and to establish a basic set of standards within which individual solutions may be developed to meet the retail service needs of motor vehicles. The objective of the regulations set forth in this section are to:

a)

Promote the type of development which will be compatible with other land use activities located in areas where service stations will be constructed.

b)

Control those aspects of service station design, site layout, and operation which may, unless regulated, be damaging to surrounding uses of land.

c)

Minimize the traffic congestion and safety hazards which are inherent in service station activity.

3.

Uses that may be permitted. Gasoline service stations, as defined in chapter 2, section 202(4), including the servicing of motor vehicles under 1½ tons rated capacity, such as minor adjustments to motor vehicles, sales and installation of automotive accessories, and other servicing of motor vehicles, provided such accessory uses and services are conducted wholly within a completely enclosed building. Body repair, engine overhauling, steam cleaning, or other mechanical or physical modifications to motor vehicles is specifically prohibited.

4.

Site development requirements. The following requirements for site development, together with any other applicable requirements of this Ordinance, shall be complied with:

a)

Minimum site size. Twenty thousand square feet with a minimum width of 150 feet.

b)

Site location. The proposed site shall have at least one property line on a major or minor thoroughfare or principal collector as classified on the adopted street plan.

c)

Building setback. The service station buildings, canopies, pump islands, and service drives shall conform to the yard requirements for the district in which it is located, but shall in no case be closer than 50 feet to any property line of a residential district or use unless separated by a public street. Hydraulic hoists, pits, and all lubrication, greasing, automobile washing, and repair equipment shall be entirely enclosed within a building.

d)

Access drives. No more than two driveway approaches shall be permitted directly from any major or minor thoroughfare nor more than one driveway approach from any minor street, each of which shall not exceed 35 feet in width at the property line. If the service station or permitted building site fronts on two or more streets, the driveways shall be located as far from the street intersection as practical, but no less than 50 feet.

No driveway or curb cut for a driveway shall be located within ten feet of an adjoining property line and shall be no less than 25 feet from any adjacent lot within an R district as extended to the curb or edge of the pavement.

e)

Curbing and paving. The entire service area shall be paved with a permanent surface of concrete. A raised curb at least seven inches in height shall be installed along the perimeter of all paved areas including street access drives.

f)

Fencing. A solid fence or wall five feet in height shall be erected along all property lines abutting any lot within a residential district.

g)

[Signs.] Signs as provided on chapter 5, provided that no signs, whether permanent or temporary, shall be permitted within the public right-of-way.

h)

[Off-street parking.] Off-street parking shall be provided in conformance with the schedule outlined in chapter 4.

i)

Lighting. Exterior lighting may be allowed as provided for under section 407.

5.

Accessory automobile car wash establishments: Allowed as an accessory use provided requirements of section 2218 are met.

(Ord. No. 787, 2-13-2023, eff. 3-1-2023)

1.

Authorization. Because of particular functional and other inherent characteristics, certain land and structural uses have a high potential of being injurious to surrounding properties by depreciating the quality and value of such property. Many of these uses may also be injurious to the community as a whole unless they are controlled by minimum standards of construction and operation. It is the intent of this section to provide a framework of regulatory standards which can be utilized by the planning commission and legislative body as a basis for approving or disapproving certain special uses which may be permitted by the issuance of a special use permit within the particular zone districts cited.

2.

Special uses that may be permitted. The following land and structural uses may be permitted within the particular zone districts cited; provided, that requirements specified and the applicable specified conditions established herein can be complied with:

a)

Sewage treatment and disposal installations within any zone district cited in Part II.

b)

Drive-in theaters, race tracks, golf driving ranges, and miniature golf courses within any zone district as cited in Part II.

c)

Special open space uses, such as public beaches, bathhouses, private resorts, recreational camps, and other space uses operated for profit within any zone district as cited in Part II.

d)

Camps or correctional institutions within any zone district as cited in Part II.

e)

Sand or quarries and gravel pits within any zone district as cited in Part II.

f)

Institutions for the mentally disadvantaged, physically impaired and substance abuse rehabilitation centers within any zone district as cited in Part II.

3.

Site development requirements. A special use permit shall not be issued for the occupancy or use of a structure of a parcel of land, or for the erection, reconstruction, or alteration of a structure, unless complying with the following site development requirements.

Without limiting the powers of the legislative body in other sections of this Ordinance, the legislative body shall have the authority to revoke any special use permit when, after reasonable warning, the operators of any use permitted under this section fail to comply with any of the requirements stipulated. In addition, the planning commission, as part of its approval of a particular special use permit, may recommend to the legislative body any additional conditions and safeguards that are deemed necessary for the protection of the public welfare with respect to a proposed use permit.

a)

Sewage treatment and disposal installation. All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail. All operations shall be completely enclosed by a fence not less than six feet high.

All operations and structures shall be surrounded on all sides by a transition strip at least 100 feet in width within which grass, plant materials, and structural screens shall be placed to minimize the appearance and odors of the installation. The planning commission shall approve all treatment of transition strips.

b)

Drive-in theaters, race tracks, golf-driving ranges, and miniature golf courses:

All sites shall be located on a major or minor thoroughfare or principal collector as classified on the adopted street plan. All traffic ingress and egress shall be from said thoroughfare. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the major thoroughfare.

All points of entrance or exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets or highways.

All vehicles shall have clear vertical and horizontal sight distance approaching a public street within 100 feet of the street for a sight distance of 500 feet in either direction along the street.

Acceleration and deceleration lanes shall be provided at points of ingress and egress to the sight. Left turns at entrances and exits should be prohibited on the major thoroughfare where possible.

Whenever any use that may be permitted in the subsection abuts property within a residential or agricultural district, a transition strip at least 100 feet in width shall be provided between all operations and structures, including fences, and the residential or agricultural property. Grass, plant materials, and structural screens of a type approved by the planning commission shall be placed within said transition strip.

A minimum yard of 100 feet shall separate all uses, operations, and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the planning commission.

Race tracks and drive-in theaters shall be enclosed for the entire used site for their full periphery with a solid screen fence at least eight feet in height. Fences shall be of sound construction, painted or otherwise finished attractively and inconspicuously. Drive-in theater ticket gates shall be provided in accordance with the following ratios: One ticket gate for 300-car capacity theaters; two ticket gates for 600-car capacity theaters; three ticket gates for 800-car capacity theaters; four ticket gates for 1,000-car capacity theaters. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30 percent of the vehicular capacity of the theater.

Drive-in theater picture screens shall not be permitted to face any public street and shall be so located as to be out of view from any major thoroughfare. The picture screen tower shall not exceed 65 feet in height.

c)

Special open space uses. The proposed site shall be at least two acres in area. The proposed site shall have at least one property line abutting a major thoroughfare or principal collector as classified on the adopted street plan. All ingress and egress to the site shall be directly from said thoroughfare or collector street.

All buildings and structures shall be set back at least 100 feet from any property or street line. Whenever the installation abuts upon property within a residential district, a 200-foot setback shall be required and landscaped with trees, grass, and structural screens of a type approved by the planning commission to effectively screen the installation from surrounding residential properties.

No more than 25 percent of the gross site shall be covered by buildings.

d)

Camps or correctional institutions. The proposed site shall be at least 20 acres in area.

The proposed site shall have at least one property line abutting a major or minor thoroughfare or principal collector as classified by the adopted street plan. All ingress and egress to the off-street parking area shall be directly from the major thoroughfare, or collector.

All two-story structures shall be at least 100 feet from all boundary lines or street lines. Buildings less than two stories shall be no closer than 50 feet to any property or street line. For buildings above two stories, the building shall be set back an additional one foot for each foot of additional height above two stories.

No more than 25 percent of the gross site shall be covered by buildings.

Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet in height. Access to and from the delivery and ambulance area shall be directly from a major thoroughfare.

All signs shall be in accordance with the schedule outlined in chapter 5.

Off-street parking spaces shall be provided in accordance with the schedule outlined in chapter 4.

e)

Sand, clay, or gravel pits, quarries and top soil stripping.

1)

Scope of regulations. This section regulates extraction, filling or repositioning of soil, sand, gravel, clay or other geologic deposit, when such activity is not related to the construction of a building, structure, or parking lot.

2)

Additional information required for site plan. At the time of the application for a special use permit, the applicant shall submit a site plan which outlines the use of the property during mining operations. The site plan shall provide the following information:

i)

Boundary lines of the property; dimensions and bearings of the property lines, correlated with the legal description.

ii)

An aerial photograph may be required by the planning commission which depicts the subject property and adjacent areas, location and outline of wooded areas, streams, marshes and other natural features.

iii)

Existing site improvements such as buildings and drives.

iv)

Existing site improvements such as buildings and drives.

v)

A profile of the proposed excavation, illustrating elevations and changes in slope, with elevations noted in five-foot intervals. If water is expected to accumulate in the excavation, the projected water level must also be shown.

vi)

Location and nature of structures and stationary equipment to be located on the site during mining operations.

vii)

Location and description of soil types.

viii)

An estimate of the kind and amount of material to be withdrawn from the site and the expected termination date of mining operations.

ix)

Description of all operations to be conducted on the premises, such as, but not limited to, digging, sorting and washing operations, screening, crushing, and the type, size and nature of equipment to be used with each operation.

x)

Location and width of drives, including sight distances at public roads.

xi)

Tree areas and other natural features to be retained.

xii)

Description of erosion control measures.

xiii)

Map showing truck routes to and from the site.

3)

Excavation site requirements:

i)

All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

ii)

All fixed equipment and machinery shall be located at least 200 feet from any property or street right-of-way line and 500 feet from any existing residential zoning district or residential use. No cut or excavation shall be made closer than 100 feet to any property line or street right-of-way line in order to insure sublateral support to surrounding property.

iii)

Where it is determined by the planning commission to be a public hazard, all uses shall be enclosed by a fence six feet or more in height for the entire periphery of the property or portion thereof. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.

iv)

No building shall be erected on the premises except as may be permitted in the General Zoning Ordinance or except as temporary shelter for machinery and field office subject to approval by the planning commission.

4)

Construction and operation requirements.

i)

The planning commission shall establish routes for truck movement internally as well as to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the community. Routes shall not be directed through residential areas, unless the applicant can demonstrate to the planning commission that such a route would not adversely impact the adjacent residential parcels. That portion of access roads within the area of operation shall be provided with a dustless surface.

ii)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to single property, any individual, or to the community in general.

iii)

On said site no stockpiling, equipment storage or repair shall take place closer than 200 feet from any property line or street right-of-way line. Stock piles of stripped topsoil shall be seeded with grass or similar plant materials approved by the planning commission in order to prevent erosion onto other properties.

iv)

On said lot all roads, driveways, parking lots and loading and unloading areas shall be paved or chemically treated so as to limit the nuisance caused by windborne dust on adjoining lots and public roads.

v)

Each operator shall be held responsible for all public roads upon which trucks haul materials from the mining operation to keep these roads in a drivable condition at least equal to that which existed prior to the beginning of mining operations and to keep the roads dust free and to clean any and all spillage of material and dirt, rock, mud and any other debris carried onto the roads by these trucks or other equipment.

vi)

Proper measures, as determined by the planning commission, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated materials upon the site.

vii)

An excavation shall not change the surface drainage so as to adversely impact neighboring properties or uses.

viii)

Any pond banks shall have a maximum slope of three feet horizontal to one foot vertical which extends below the projected low water surface elevation to a depth of at least eight feet.

ix)

Minimum designed water depth of a pond must be ten feet to insure proper aeration and circulation of the water.

x)

Any excavated material not removed from the site shall be graded to a continuous slope which does not exceed three feet horizontal to one foot vertical and arranged to prevent runoff from impacting adjacent properties. Said fill shall blend visually with the surrounding landscape.

xi)

By October 15 of each year, the completed portion of an excavation and any disturbed area around it shall be graded and seeded. This will minimize any soil erosion or damage to surrounding properties that may occur from flooding.

xii)

Such operations shall be permitted only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 7:00 a.m. and 12:00 noon on Saturday. Operations shall not be permitted on Sunday.

xiii)

When excavation and removal operations or either of them are completed, the excavated area shall be graded so that no gradients-disturbed earth shall be steeper than a slope of three feet horizontal to one foot vertical. A layer of arable topsoil, of a quality approved by the zoning administrator, shall be spread over the excavated area, except exposed rock surfaces or areas lying below natural water level, to a minimum depth of four inches in accordance with the approved contour plan. The area shall be seeded with a perennial rye grass and blended with the general surrounding ground so as to appear natural.

xiv)

Where excavation operations result in a body of water, the owner or operator shall place appropriate "Keep Out—Danger" signs around said premises not more than 150 feet apart.

xv)

The planning commission may require a security deposit from the applicant to ensure compliance with the requirements, specifications and conditions imposed by this Ordinance, as well as guarantee restoration of the site. Such deposit shall not be released until performance is certified by the township engineer. Any expense incurred by the township engineer shall be the responsibility of the applicant.

xvi)

The applicant shall provide a date for completing the mining operation, such date to be based upon the estimated volume of material to be extracted and average annual extraction rates. The special use permit shall expire on that date. Any extension of operations beyond that date shall require the issuance of a new special use permit.

xvii)

Only equipment owned or leased by the operator of the mining operation and used in the direct operation of the quarry shall be stored overnight or for longer periods anywhere on the premises of the quarry. Storage of any other equipment on the premises shall be prohibited.

f)

Institutions for the mentally disadvantaged, physically impaired and substance abuse rehabilitation centers.

At a minimum, the following site improvements shall be required:

1.

Frontage and access. Such uses shall front onto a county primary or state trunk line. The main means of access to the facility for patients, visitors and employees shall be via the primary road or state trunk line. In no case shall access be off of a residential street.

2.

Setbacks. The principal building shall be set back at least 75 feet from side and rear property lines. The front yard setback shall meet the requirements of the district in which the facility is located.

3.

Recreation/open space. Recreation and open space areas shall be required at a rate of one-half acre, plus 700 square feet per patient, based upon the maximum number of patients capable of being lodged overnight.

a.

Recreation/open space areas shall be fenced with a six-foot tall fence. Sufficient tree plantings shall be installed around the perimeter of the fenced area.

b.

The recreation/open space shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses shall not be counted as required recreation/open space area.

4.

Screening. The perimeter of the site shall be screened from adjacent properties with a type C bufferyard approved by the planning commission.

g)

[Miscellaneous uses.] Other miscellaneous uses as cited under land use district regulations.

(Ord. No. 553, 4-22-1996; Ord. No. 633, 10-14-2002)

1.

Authorization. The increasing needs for housing for the elderly represents a critical need. It is the purpose of this section to encourage and provide for the housing needs which are particular to the elderly.

2.

Qualifying conditions. Any application for a special use permit shall meet the following conditions to qualify for consideration:

a)

"Senior citizens' housing development" is defined as to be specifically for dwelling units constructed to provide housing for:

Two or more persons related by blood, marriage or operation of law who occupy the same unit, one of which must be at least 55 years of age.

Single persons 55 years of age or older.

Married couple, provided one is at least 55 years of age.

Two persons not related, of same sex, and both have reached 55 years of age.

Two relatives, provided both have reached 55 years of age.

A handicapped person. A person is handicapped if he has a physical impairment which is expected to be of long-continued and definite duration, substantially impedes his ability to live independently, or is of such nature that his ability to live independently could be improved by more suitable housing conditions.

Eligibility for the project cannot depend on the race, religious [religion], national origin or color of the applicant.

b)

The proposed site shall not be less than five acres and ownership must be that of a single owner or a corporation under unified control.

3)

Uses that may be permitted. Housing types as listed according to the district within which the site is located are permitted, and, further, the provisions of a planned unit development are herewith included as permissible under the terms of this section, as may be approved by the planning commission. Contiguous housing units may be exempted from the PUD length restrictions if approved by the planning commission.

4)

Dimensional requirements. The dimensional requirements as listed according to the district within which the site is located shall be complied with except as hereinafter listed or as may be modified according to a planned unit development.

a)

The minimum gross floor area per dwelling unit shall be 450 square feet for an efficiency dwelling unit. A minimum of an additional 100 square feet of floor area shall be required for each additional bedroom in a dwelling unit.

1.

Intent. It is recognized that there are some uses, which because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this chapter. Prior to adopting these regulations, the township reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in hearings and in reports made available to the township board, and on findings incorporated in the cases of Pap's AM v Township of Erie, 529 US 277 (2000); Deja Vu of Nashville v Metropolitan Government of Nashville & Davidson County, 466 G3d 391 (6th Cir 2006); Sensations, Inc. v Township of Grand Rapids, 2006 WL 2504388 (WD MI 2006); Van Buren Township v Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003); Bronco's Entertainment v Charter Township of Van Buren, 421 F3d 440 (6th Cir 2005); Thomas v Chicago Park District, 122 S Ct 775 (2002); Township of Renton v Playtime Theatres Inc, 475 US 41 (1986); Young v American Mini Theatres, 426 US 50 (1976); Barnes v Glen Theatre Inc, 501 US 560 (1991); California v LaRue, 409 US 109 (1972); DLS Inc v Township of Chattanooga, 107 F3d 403 (6th Cir 1997); East Brooks Books Inc v Township of Memphis, 48 F3d 2200 (6th Cir 1995); Broadway Books v Roberts, 642 F Supp 4867 (ED Tenn 1986); Bright Lights Inc v Township of Newport, 830 F Supp 378 (ED Ky 1993); Richland Bookmart v Nichols, 137 F3d 435 (6th Cir 1998); Richland Bookmart v Nichols, 278 F3d 570 (6th Cir 2002); Déjà vu of Cincinnati v Union Township Board of Trustees, 411 F3d 777 (6th Cir 2005); Déjà vu of Nashville v Metropolitan Government of Nashville, 274 F3d 377 (6th Cir 2001); Bannon Corp v Township of Dayton, 7923 F2d 470 (6th Cir 1991); Threesome Entertainment v Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v Township of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v Township of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v Township of Paducah, 202 F3d 884 (6th Cir 2000); O'Connor v Township and County of Denver, 894 F2d 1210 (10th Cir 1990); Deja Vu of Nashville Inc et al v Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6, 2001); ZJ Gifts D-2 LLC v Township of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v Reno, 139 F3d 804 (10th Cir 1998); American Library Association v Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v Township of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v Township of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v Cincinnati, 2002 US App LEXIS 1258 (3rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma Township, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence, " by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the township board finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Saginaw Township is seeking to abate and prevent in the future. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area that would create such adverse effect(s). It is further the intent of these regulations that these uses only be permitted as special land uses. Uses (collectively "regulated uses") subject to these controls are as follows:

2.

Definitions. Sexually oriented businesses, as defined in chapter 2 (definition section of the zoning ordinance), shall be subject to the regulations of this chapter.

3.

Classification. Sexually oriented businesses are classified as, and include, the following:

a)

Adult arcades.

b)

Adult bookstores or adult video stores.

c)

Adult cabarets.

d)

Adult massage parlors.

e)

Adult motels.

f)

Adult motion picture theaters.

g)

Adult theaters.

h)

Adult nudity or retail stores.

i)

Escort and escort agencies.

j)

Nude model studios.

k)

Sexual encounter centers.

4.

Location of sexually oriented business; miscellaneous requirements.

a)

A sexually oriented business shall not be located closer than 1,000 feet to the property line of any of the following:

i)

Church, religious institution, or building used primarily for religious worship and related religious activities.

ii)

Public or private elementary or secondary school, vocational school, special education school, junior college or university.

iii)

Any single-family, two-family or multiple-family zoning district.

iv)

Lot or parcel in residential use.

v)

Public park.

vi)

Existing sexually oriented business.

vii)

Child care facility, nursery or preschool.

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property site boundary of a sexually oriented business to the nearest property line of the premises of any use, district or right-of-way listed above. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the site or property boundary in which each business is located. Access easements or portions of the parcel that are exclusively used to provide access to the site of the sexually oriented business shall be excluded from the parcel boundary in determining whether the site complies with the required separation. The intent of this exclusion is to allow sexually oriented businesses to comply with the separation requirement from major thoroughfares by means of an access easement or access strip of land from the site to the thoroughfare.

b)

A person is in violation of this Ordinance if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.

c)

A person is in violation of this Ordinance if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

d)

All off-street parking areas and entry door areas of a sexually oriented business shall be illuminated from dusk until the closing time of the business with a lighting system which provides an average maintained horizontal illumination of three footcandles on the pavement with an average to minimum uniformity not greater than four to one of light on all parking surfaces and/or walkways and/or meet or exceed the recommendations of the Illuminating Engineering Society of North America (IESNA) enhanced security guidelines and recommendations for parking lots. This requirement is to ensure the personal safety of patrons and employees, and to reduce the incidence of vandalism and other criminal conduct.

e)

No employee in a sexually oriented business shall knowingly or intentionally appear in view of any patron in a semi-nude condition unless the employee, while semi-nude, shall be and remains at least six feet from all patrons and on a fixed stage at least 18 inches from the floor in a room of at least 600 square feet.

f)

No employee in a sexually oriented business shall knowingly or intentionally mingle with patrons unless they are not dancing or have not danced for at least 30 minutes.

g)

Any business now classified as a sexually oriented business lawfully operating on the date of adoption of the Ordinance that is in violation of this Ordinance shall be deemed a nonconforming use.

5.

Nude entertainment prohibited in alcoholic commercial establishment. It shall be unlawful for any person to perform in any alcoholic commercial establishment, to knowingly permit or allow to be performed therein, any of the following acts or conduct:

a)

The public performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, beastiality, oral copulation, flagellations, or any sexual acts which are prohibited by law;

b)

The actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals in public; or

c)

The actual or simulated public displaying of the pubic hair, anus, vulva or genitals.

It shall be unlawful for the owner, operator, agent or employee of an alcoholic commercial establishment to allow any female to appear in an alcoholic commercial establishment so costumed or dressed that one or both breasts are wholly or substantially exposed to public view. Topless or bottomless or totally uncovered waitresses, bartenders or barmaids, entertainers including dancers, impersonators, lingerie shows, or any other form for the attraction or entertainment of customers, is strictly prohibited. "Wholly or substantially exposed to public view" as it pertains to breasts shall mean the showing of the female breast in an alcoholic commercial establishment with less than a fully opaque covering of all portions of the areola and nipple, and the prohibition shall also extend to such events similar to wet t-shirt contests.

6.

Exterior display and signs. A sexually oriented business is in violation of this chapter if:

a)

The merchandise or activities of the establishment are visible from any point outside the establishment;

b)

The exterior portions of the establishment or signs having any words, lettering, photographs, silhouettes, drawings or pictorial representations of any specified anatomical area or sexually explicit activity as defined in this Ordinance; or

c)

There shall be no use of neon or flashing lights.

7.

License required to operate a sexually oriented business. Special use and site plan approval shall be granted on the condition that the operator or owner of a sexually oriented business obtains a license to operate the business as required by chapter 18 of the Code of Ordinances.

8.

Enforcement. A violation of the provisions of this chapter shall be a misdemeanor punishable with a potential fine of $500.00 dollars or a jail term of 90 days, or both.

9.

Injunction. In addition to the provisions of this chapter, the township, at its option, may commence proceedings in a court of competent jurisdiction under the appropriate court rule or statute to enjoin any activity conducted by a sexually oriented business that is deemed to be in violation of these provisions.

(Ord. No. 516, 2-28-1994; Ord. No. 718, 1-24-2011; Ord. No. 724, 9-26-2011)

1.

Authorization. In recognition of today's service- and convenience-oriented society, the need and demand for drive-through uses has increased greatly. With this increased demand, certain aspects of this form of business must be addressed in order to protect neighboring property owners from any potentially adverse impacts created by additional traffic flow generated by this use. Furthermore, this use is not compatible with all business or residential uses, and should therefore be limited to those districts where such a use can be properly accommodated under the conditions stated herein.

2.

Uses that may be permitted. Accessory drive-through uses to financial institutions, fast food businesses, dry cleaners, convenience stores, or other uses as may be determined by the planning commission.

3.

Development requirements. The following requirements for site development, together with any other applicable requirements of this Ordinance, shall be complied with:

a)

The drive designated for the drive-through shall have a minimum width of 12 feet and a minimum length of 100 feet. Said drive length shall not interfere with on-site traffic flow or parking arrangements.

b)

Curbing of at least seven inches in height and/or steel concrete bumper poles must be installed between the drive-through lane and any structure.

c)

All pedestrian walkways crossing the drive shall be accessible to handicapped persons, properly painted, and posted with signs warning drivers of pedestrians.

d)

Lighting shall be installed so as to provide adequate illumination of any walkways intersecting with said drive, subject to the standards set forth in section 407.

e)

An opaque fence or wall a minimum of five feet in height shall be erected along all property lines where a drive-through lane or associated structure are within 40 feet of any residential district or property.

f)

No drive-through lane may be closer than five feet to any residential property or district.

g)

Drive-through lane shall not result in an additional curb cut unless approved by the planning commission as necessary to ensure the safety of motorists and/or pedestrians.

h)

Aboveground directional signs shall be installed in accordance with section 505(4).

1.

Authorization. Due to the growing popularity of bed and breakfast establishments in single-family dwellings, it is of evermore importance that any potentially adverse impacts resulting from such developments be properly addressed. It is the intent of the township to permit the development of such operations when developed in a way which emphasizes the protection of detrimental change in the single-family character of any site proposed for a bed and breakfast operation.

2.

Uses that may be permitted. Bed and breakfast establishments where provided and as permitted under the appropriate single-family zoning districts.

3.

Development requirements. The following requirements for site development, together with any other applicable requirements of this Ordinance, shall be complied with:

a)

The residence is the principal single-family detached dwelling unit on the property and is owner-occupied at all times.

b)

The residence abuts one or more of the primary streets specifically listed under section 303(2) with the exception of Wieneke and Lawndale Roads extended.

c)

The rooms utilized for sleeping are a part of the primary residential use and not specifically constructed or significantly remodeled or altered for rental purposes.

d)

The maximum stay for any occupants of bed and breakfast operations shall be 14 days.

e)

A valid business license shall have been obtained from the Saginaw Township Clerk.

f)

Paved parking shall be provided at a ratio as set by the zoning administrator.

g)

Occupancy of any bed and breakfast operation is limited to five or fewer guests, and the use is further limited to not more than two rental sleeping rooms.

h)

Each operator shall keep a list of names of all persons staying at the bed and breakfast operation. Such list shall be available for inspection by township officials at any time.

i)

Meals shall be served only to residents and overnight guests, and meals shall comply with the restrictions of the state and county health departments for nonresidential uses. There shall be no separate cooking facilities for the bed and breakfast stay.

j)

The rental sleeping room shall have a minimum size of 100 square feet for each two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. At no time shall a bed and breakfast operation utilize more than 25 percent of the total floor area of the dwelling, excluding attached garages, porches and unfinished basements. Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm.

k)

One sign identifying the bed and breakfast operations not to exceed one square foot in area shall be permitted.

l)

No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises.

m)

Bed and breakfast operations shall not be permitted on any premises where there exists any violation of a township ordinance or in any building or on any parcel of land which does not conform to the requirements of the Township Zoning Ordinance and adopted construction codes.

n)

No bed and breakfast operation shall be established without prior approval by the Saginaw Township Board in accordance with the special use permit requirements of chapter 22. Two sets of floor plans of the establishment, drawn to an architectural scale of not less than one-eighth inch equals one foot shall also be submitted to the zoning administrator. One set shall remain on file in the township offices, and one set shall be filed with the fire department.

1.

Authorization. Automobile car wash establishments are needed within urbanized and urbanizing areas where the basic mode of transportation is by private automobile. While automobile car wash establishments are needed; the quantity and their location must be considered in relationship to a broad range of other land uses (existing, proposed, and potential future uses), as well as goals, actions, and objectives of the township master plan. In addition, certain aspects of this form of business must be addressed in order to protect neighboring and nearby property owners and roadways from any potentially adverse impacts created by this use.

2.

Development requirements. Automobile car wash establishments shall comply with the following standards, except that car wash establishments as part of car dealerships, for use by those dealerships and not the general public, shall not be subject to subsections a, b, c, d, e, j, and k.:

a)

Road frontage. Shall not have parcel frontage on a state highway or arterial roadway as identified on the street classification map of the currently adopted Saginaw Charter Township Master Plan and/or identified by the Saginaw County Road Commission.

b)

Overlay zoning districts. Shall not be located within the Cardinal Square Overlay zoning district or the State Street Corridor Overlay zoning district.

c)

Mixed use and transitional areas. Shall not be located in mixed use and/or transitional areas as identified on the 2021 Saginaw Charter Township Master Plan Future Land Use Map.

d)

Distance separation. Car wash facilities may be located no closer than 1,250 feet from another car wash facility, measured from closest property line to closest property line, in the straightest line possible, irrespective of roadways and natural barriers.

e)

Traffic study. A traffic study shall be required for evaluation to determine impacts on area roadways. Said traffic study shall be evaluated by the township engineer, Saginaw County Road Commission, and/or Michigan Department of Transportation (MDOT) as applicable, and considered by the planning commission and community development director in determining whether to approve or deny the special use request or to add additional conditions to minimize or eliminate traffic impacts. If the traffic study is determined to be insufficient or inadequate during the review process, additional information may be requested.

f)

Environmental impact assessment and report. An environmental impact assessment and report shall be required for evaluation to determine impacts on township water supply (water source, plant capacity, water and chemicals discharged into the stormwater system, etc.). Said environmental assessment and report shall be evaluated by the township engineer, department of public services, other township staff and outside agencies. Said assessment/report and evaluations by staff and outside agencies shall be considered by the planning commission in determining whether to approve or deny the special use request or to add additional conditions to minimize or eliminate impacts. If the environmental assessment is determined to be insufficient or inadequate during the review process, additional information may be requested.

g)

Buffer yard. Where adjoining residentially zoned or residentially used property, a type C bufferyard with minimum width of 25 feet shall be required with Type C buffer yard planting requirements as listed in section 303. A decorative masonry wall eight feet in height shall be erected along any lot line adjoining a residential use, residential zoning district, or residential future land use. Such wall shall be continuously maintained in good condition.

h)

Vacuuming and hand drying. Vacuuming and hand drying may be located outside the building but shall not be in the required front yard setback and shall be set back at least 50 feet from any residential district or use.

i)

Drainage. Adequate provision shall be made to keep all water from washing operations on the site. This includes sloping the entrance/exit drives to drains and away from adjacent streets/roads, and having vehicle wash facility exits sufficiently separated from entrance/exit drives to prevent water from being tracked by vehicles onto adjacent and area streets/roads. Where mechanical or manual drying is not done, a mechanical device shall be provided to ensure that each vehicle shall wait on the site a minimum of 60 seconds following the end of each washing operation, or the amount of time necessary to prevent water from being taken onto area streets/roads.

j)

Waiting area. Off-street vehicle waiting area in accord with section 404.2.P. vehicle waiting area shall be provided on the site which will accommodate a number of vehicles, under actual operating conditions, equal to 50 percent of the maximum hourly capacity of the washing facility. In determining the number of vehicle waiting spaces available to meet requirements, the number of vehicles normally accommodated within the building can be counted.

k)

Building exit. The building exit shall be no closer than 500 feet from the nearest intersection with an arterial roadway as a vehicle would be forced to travel.

l)

Access drives. Only one ingress/egress driveway shall be permitted on any single street. Said drive shall be a minimum of 200 feet from any residential district or use.

m)

Building openings: All washing facilities shall be within a completely enclosed building. Self-service facilities where an automobile remains stationary, may be within a partially enclosed building with open sides for automobile entrances and exits, however, entrance and exits must not face adjacent residential uses or zoning districts. Exits from automatic car wash facilities shall face roadways. If a residential area is across a street or road from a car wash exit, a minimum distance of 500 feet shall separate the car wash exit from the residential property/lot.

n)

Hours of operation: the hours of operation shall be limited from 7:00 a.m. to 8:00 p.m.

(Ord. No. 787, 2-13-2023, eff. 3-1-2023)

1.

Authorization. Changing technology in the field of communications has resulted in a reliance upon more versatile convenient forms of communication. Businesses, individuals and governments have all developed a strong dependence upon the ability to quickly contact others. The use of radios and cellular phones have proven themselves over and over [a]gain in emergency situations.

[2.]

Qualifying conditions:

a)

The following site and developmental requirements shall apply:

i)

A minimum site of 0.75 acre and 125 feet of road frontage.

ii)

Communication towers shall be restricted to self-supporting structures. The use of guy wires is prohibited.

iii)

The base of the tower and wire cable supports shall be enclosed with a minimum five-foot-high fence.

b)

Special performance standards:

i)

The tower must be setback from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the township engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall incur all cost associated with township engineering review.

a)

Towers shall not be erected on a parcel in which a single-family, two-family, three-family or four-family dwelling unit exists.

b)

Towers shall be set back from property lines a minimum distance equal to its height when erected on a parcel that abuts other A-2, R-1A, R-1 or R-2 zoned or used parcels. This requirement is independent of section 2219(b)(i).

ii)

Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet.

a)

Accessory structures shall be designed to be aesthetically compatible with the adjoining properties. This may include the construction of a brick facade and a pitched roof.

iii)

Accessory structures shall not exceed 600 square feet of gross building area.

iv)

All bufferyard requirements within this Zoning Ordinance shall be met.

v)

All towers shall be equipped with an anticlimbing device to prevent unauthorized access.

vi)

The plans of the tower construction shall be certified by a registered structural engineer.

vii)

The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.

viii)

All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.

ix)

Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or one-half-mile radius of a helipad.

x)

No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located within 30 feet of a property line.

xi)

Metal towers shall be constructed of, or treated with, corrosive-resistant material.

xii)

Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

xiii)

Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.

xiv)

All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

xv)

Towers shall be located so that they do not interfere with reception in nearby residential areas.

xvi)

Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and or leased by the applicant.

xvii)

The base of the tower shall occupy no more than 500 square feet.

xviii)

Minimum spacing between tower locations shall be one-quarter mile in order to prevent a concentration of towers in one area.

xix)

Height of the tower shall not exceed 150 feet from grade within all applicable districts.

xx)

Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

xxi)

Existing on-site vegetation shall be preserved to the maximum extent practicable.

xxii)

There shall not be displayed advertising or identification of [any] kind intended to be visible from the ground or other structures, except as required for emergency purposes.

xxiii)

The antenna shall be painted to match the exterior treatment of the tower. The chosen paint scheme should be designed to minimize off-site visibility of the antenna.

xxiv)

Structures shall be subject to any state and federal regulations concerning nonionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by such standard or the special use approval will be subject to revocation by the township board. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

xxv)

There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

xxvi)

All parking and drive areas must be paved as provided in this Ordinance.

xxvii)

Where the property adjoins any residentially zoned property or land use, the developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than ten feet to any structure.

xxviii)

The tower shall be removed by the property owner or lessee within six months of being abandon[ed]. The township may require a performance bond to ensure its removal.

xxix)

A conceptual build out pla[n] must be submitted by the applicant which indicates the contemplated areas within the township that the communication provider may construct other towers.

xxx)

Towers shall be designed to provide for collocation.

(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)

1)

Authorization. The purpose of this section is to provide open space preservation provisions for residential development as required by Public Act 177 of 2001. It grants developer's greater flexibility and efficiency in the design of single-family residential developments by allowing homes to be clustered on smaller lots and then surrounded permanently with preserved open space. The development community supports the concept because it reduces the cost of many infrastructure components including roads and public utilities. The environmental community supports the concept because it allows developers to avoid and preserve unique characteristics of a given parcel including small wetlands, tree lots and steep terrain.

2)

Objectives. It is the intent of this section to encourage alternative subdivision designs which preserve Saginaw Charter Township's character and other important environmental elements, while providing neighborhoods that are desired by the community and the general public through permanent dedication of open space and a planned reduction of individual lot area requirements.

a)

To promote the type of development that will compliment and enhance other land use activities located in the Agricultural and Low Density Residential Transitional areas of the township.

b)

To encourage the use of open space provisions that will encourage developers to be creative and imaginative in the development of residential areas.

c)

To utilize dedicated open space within a development as an amenity.

d)

Maintain an image of open space within the township.

3)

Definitions.

a)

Common driveway. A driveway shared by two or more people and not considered to be road frontage. Frontage requirements can only be met by having frontage on a private or public road.

b)

Cluster. A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

c)

Cluster subdivision. A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas or agriculture.

d)

Front-loaded garage. Accessed from the side facing the street or roadway.

e)

Open space. Land within or related to a development that is set aside as common land for recreational, conservation and agricultural uses and preserved in an undeveloped state or in such fashion approved by the planning commission. Further subdivision of open space lands or their use for other than recreation, conservation or agriculture shall be prohibited. Open space shall not include areas devoted to the public or private road rights-of-way or any land that has been or is to be conveyed through deed or easement to a public agency for utilities.

f)

Private road. A road that provides direct access to a parcel which is not dedicated to and accepted by an authorized governmental road agency and is not maintained by any governing agency. A common driveway as used in this section does not constitute a private road.

g)

Traffic calming techniques. A form of roadway design that naturally slows traffic by means of winding the roadway, creation of planting islands between traffic lanes and the planting of trees along the edge of roadways.

4)

Permitted uses.

a)

Single family use. Single-family residential dwellings (including site condominiums) are permitted having a minimum of 1,040 square feet of living area.

(1)

Setbacks. The following design parameters will be used to establish setbacks.

(a)

The minimum distance between dwellings shall be 12 feet, six feet from property lines.

(b)

Front and rear yard setbacks may be staggered to provide for maximum variety in the size of such yards. In no case shall the front yard setback be reduced below 20 feet. Rear yard setbacks may be reduced to 20 feet if said rear yard is contiguous with dedicated open space. Otherwise, said rear yard setback may not be less than 30 feet.

1.

Exception. If a garage is to be front loaded from the street, the minimum front yard setback from the street right-of-way or street easement shall be 24 feet.

(2)

Lot width. The following design parameters will be used to establish lot widths:

(a)

Lots not served by public sanitary sewer shall have a minimum of 100 feet of frontage at the front building line.

(b)

Lots served by public water and sewer shall have a minimum of 70 feet of frontage at the front building line.

(3)

Minimum exterior road buffer. The developer shall preserve a minimum of a 100-foot buffer from the proposed right-of-way along any county road or state highway servicing the open space development.

b)

Residential accessory uses. For every single-family residential dwelling, two accessory buildings shall be permitted per parcel. One accessory building may be constructed up to 144 square feet in size and one accessory building may be constructed up to 720 square feet in size.

(1)

Overall height may not exceed 15 feet to the peak from the average grade.

(2)

Setbacks within an open space preservation development for residential accessory buildings shall be eight feet from the side property line and five feet from the rear property line.

c)

Incidental accessory uses. Accessory uses incidental to the principal permitted uses include recreational activities, which are passive and occur on common open space lands only, such as soccer fields, softball fields and similar type fields, including parks and boat launches.

5)

General development standards.

a)

Ownership and control. A proposed open space preservation development shall be under single or limited ownership control, such that a single person or entity has proprietary responsibility for the completion of the development. The applicant shall provide documentation of ownership or control in the form of agreements, contracts, or covenants that indicate the development will be completed as proposed.

b)

Density standards.

(1)

Number of dwellings.

(a)

The total number of residential dwelling units permitted in a open space preservation development shall be determined by submitting a limited detail conventional subdivision plan identifying the lots and buildable lands using the underlying zoning district in which the project will be located in.

(b)

The maximum number of lots allowed within an open space preservation development is the same as the number allowed in a conventional subdivision plan, not including additional lots allowed due to lot credits. In an open space preservation development each lot is smaller, according to the chart in example one. Once additional lots allowed are computed using credits, the open space preservation development site plan may be reviewed by the planning commission.

(c)

The planning commission shall review the limited detail conventional subdivision plan during the same meeting that the proposed new open space preservation development site plan is reviewed, this will ensure no delay during the review process.

(d)

In no case shall the maximum density specified for the zoning district in which the open space preservation development is located, be increased by more than the bonus percentage credit.

c)

Lot sizes: Lots not served by public or common sanitary sewer shall have a minimum lot size of 15,000 square feet. Lots served by public or common sanitary sewer and public water shall have a minimum lot area of 8,260 square feet.

Example One

d)

Density standards credit. The total number of dwelling units permitted in an open space preservation development shall be determined as explained in the density standards, and in the following bonus percentage increase given for the following credits;

(1)

Shoreline credit. To encourage preservation of river and stream areas and to provide an incentive for property owners to incorporate the areas surrounding water bodies into an open space network, a shoreline credit shall be permitted if all of the following requirements are met:

(a)

Step 1. One additional lot may be added to the open space conservation development for each 500 lineal feet of shoreline protected.

(b)

Step 2. A minimum of 100 feet of open space must be created along the shoreline that is protected subject to permanent open space dedication.

(c)

Step 3. All provisions of the Flood Plain Ordinance must be complied with when considering this credit.

(2)

Pathway credit. To encourage the development of a pathway within the open space area, a pathway credit will be given to a developer who completes the following steps:

(a)

Step 1. A credit of one additional lot shall be given if a pathway is created and installed. It must be installed prior to the sale of any lot within the development.

(b)

Step 2. The pathway is no less than five feet wide, has a raised base so that it drains properly, is covered by a surface other than grass or dirt, such as wood chips, pavement or stone.

(c)

Step 3. All pathways are significant in length as determined by the planning commission, in order to take advantage of the available open space. It is recommended that the pathway be circular in nature going around the development and connecting developments when feasible.

(3)

Recreation area credit. To encourage the development of parks, playgrounds or recreational fields, a recreational area credit will be given to a developer who completes the following steps:

(a)

Step 1. A credit of one additional lot shall be given if a recreation area is developed. The recreation area must be shown on brochures and must be staked out prior to the sale of any lot within the development so that potential buyers are aware of its location.

(b)

Step 2. The recreation area must include one of the following items: 1) a baseball, soccer, football or similar field; 2) a picnic area with tables, park benches and a pavilion; 3) other non-motorized recreation areas that are approved by the planning commission.

(c)

Step 3. All recreation areas will be significant in overall size and will be beneficial to the residents as determined by the planning commission, in order to take advantage of the available open space.

(d)

Step 4. These recreation areas may be open to the public or limited to the use of residents living within the open space preservation development depending upon how the open space is restricted from further development. The means to allow public access or restricted access must be in the deed restrictions or master deed of the development.

(4)

Open space area credit. To encourage the preservation of open space, an open space area credit will be given to a developer who can show a significant increase in open space area preservation. One of the following two options must be met:

(a)

Option 1. A credit of one additional lot shall be given if a development preserves 60 percent of the determined buildable area as open space within a development.

(b)

Option 2. A credit of two additional lots shall be given if a development preserves 70 percent of the determined buildable area as open space within a development.

6)

Open space standards.

a)

Areas not considered open space. The following areas shall not be calculated as dedicated open spaces:

(1)

Open space shall not include areas devoted to public or private road rights of way or any land that has been or is to be conveyed through a deed or easement to a public agency for utilities.

(2)

Any area devoted to county drain easements.

(3)

All existing surface water bodies and regulated wetlands.

(4)

Area within a lot or condominium unit.

b)

Calculating open space. Except as noted above, any undeveloped land area within the boundaries of the parcel may be included as required open space.

(1)

Use of open space percentage. Dwelling units shall be grouped so that open space within a development is at least 50 percent of the total area of buildable land. The planning commission may approve a lesser percentage of open space within a development if an alternative density is calculated using bonus percentages and/or credits are approved.

(2)

Open space access. Pedestrian access points to open space shall be required between rows of ten or more lots and at the end of cul-de-sacs. Access points must be of common ownership and a minimum of six feet in width. The planning commission shall determine if additional access points are necessary for pedestrian access to open areas or if a modification of this standard is necessary.

(3)

Maintenance vehicle and open space access. Open space preservation developments shall provide maintenance vehicle access to interior common areas that require mowing or tiling. Maintenance vehicle access points shall be a minimum of 12 feet wide.

(4)

Waterway buffering. All dwellings and accessory structures shall be no less than 100 feet from any lakes, ponds, rivers and streams. Only with approval of the planning commission may a roadway be placed within this buffer area and efforts should be made to eliminate any encroachment when possible. Within said buffer area, the planning commission shall determine whether or not it shall remain in a natural state or if landscaping is required.

c)

Preservation of open space. Open space shall be set aside by the developer through an irrevocable conveyance that is acceptable to the township. All forms of protecting open space within an open space preservation development shall be subject to the review of the township attorney and all transfers of property to the township are subject to approval by the township board. Forms of dedicating open space may include:

(1)

A conservation easement established per Public Act 197 of 1980, as amended.

(2)

Covenants that run perpetually with the land. Use of dedicated open space may be restricted to dwelling owners within the development;

(3)

Transfer of deed to township, county or state ownership with township board approval. The open space must be suitable for parks, ball fields, or public access to waterways and for a boat launch. The transferred dedicated open space will be considered public lands.

(4)

Two forms of the above-mentioned preservation options may be used together if a portion of a parcel is being deeded to the township, county or state and a portion of a parcel is being retained for the development's dwelling owners to use exclusively as covenant protected open space.

d)

Conveyance standards. Such conveyance shall assure that the open space will be protected from all forms of development, except as allowed under this section and shown on an approved site plan and shall never be changed to another use. Such conveyance shall:

(1)

Indicate the allowable use(s) of the dedicated open space with site plan approval.

(2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space.

(3)

Provide standards for scheduled maintenance of the open space.

(4)

Be recorded on every deed of parcels within the development.

e)

Trees in open space. Twenty-five trees per acre of open space preserved must be planted within the open space area. The trees shall not be less than six feet tall. The location of tree plantings and type of tree to be planted is subject to planning commission approval. All tree plantings shall be on dedicated open space areas only. No more than 50 percent of the same species of tree may be planted within the developments open space area. If recreation areas or farm fields are developed within the open space, the tree plantings may be located around the perimeter of the fields or in groups. In addition, three trees each six feet tall must be installed on each unit or lot.

Number of Trees Required In
Open Space Area Per Lot Developed

25 Trees Per Acre of Preserved Open Space

(1)

An inspection of the required open space area and tree plantings shall be required by the developer a minimum of 12 months after initial planting. Any tree plantings that died or have been removed must be replaced.

(2)

The planning commission may require a performance bond or cash deposit equal to the cost of the trees and their installation. The proceeds of this deposit shall be returned to the developer only after a written report from the developer is presented to the township stating the findings of the inspection. The township may inspect the site to verify all findings.

f)

Installation delay. If seasonal conditions such as snow and ice do not allow for the planting of trees in open space areas or the installation of sidewalks along open space, a delay in planting or installation may be granted.

(1)

The delay may only be granted until May 31, at which time planting of said trees and/or installation of pathways, must be commenced as determined by the community development director of the township.

(2)

A performance bond or other acceptable monetary assurances will be required to ensure the required installation of sidewalks and/or tree plantings is completed. The township engineer shall determine the amount of monetary assurance to be held by the township until the required work is completed.

(3)

If after May 31, the required sidewalk installation or tree plantings have not commenced as determined by the building inspector, the township may use the deposited funds to complete the required work.

(4)

All additional funds necessary to complete said work above the deposited amount will be charged to the parcel owner(s) and if necessary a lien will be placed on the parcel and required funds may be collected from the property tax paid on said parcel(s).

7)

Housing development standards.

a)

Dwelling placement. Dwelling units shall be carefully located and designed. Dwelling placement shall be planned to screen homes from off-site vantage points, away from environmentally sensitive areas, existing agricultural uses and away from areas subject to land management practices that will cause dust, noise, smoke, odors or similar problems.

b)

Residential tree planting. All residential lots shall have three trees planted in the front yard area a minimum of six feet high prior to obtaining an occupancy permit.

c)

Sanitary sewer. If sanitary sewer or public water is provided within the development, all provisions for the review and approval by the township must be completely followed. If there is public sanitary sewer within 500 feet from any portion of the proposed development, the sanitary sewer shall be provided according to township requirements.

d)

Water. If there is an existing or extendible public water supply within 500 feet from any portion of the proposed development, the water shall be provided according to township requirements.

e)

Lot drainage. All lots shall have lot drainage that shall comply with requirements of Saginaw Charter Township's Storm Water Management Ordinance. Undisturbed open space area may not be required to be evaluated for storm water review.

f)

Septic system. If not served by public sanitary sewer, the following on-site septic system procedure may be followed upon township approval:

(1)

In order to meet the Saginaw County Health Department and Department of Environmental Quality's requirement for lot size, a portion of the open space area may be used for septic system lot size computation and if necessary for its installation.

(2)

The open space area used for septic system computation and installation must be restricted to the installation of an individual dwelling septic system only. The following conditions must be met prior to township planning commission approval of any such system:

(a)

The development is not served by public or common sanitary sewer.

(b)

The septic system must be placed as close as possible to the dwelling using the system.

(c)

The county health department and all state required installation details must be followed.

(d)

Open space area used as part of the required septic system computation may only be used once.

(e)

The site plan submitted for review by the township planning commission must show the area to be used in the septic system calculation.

(f)

The parcel owner must remove the septic system from the open space if public sanitary sewer is connected to the dwelling.

(g)

Open space areas having septic systems on them may not in any way be turned over to the township as township property.

(h)

If the open space is farmed, no plantings shall be allowed over the septic system.

(i)

No trees may be planted over a septic system in the open space.

8)

Prior to construction. Prior to any residential construction within an open space preservation development, all roadways, drainage and utilities must be installed within one year of the first home start. All pathways must be installed prior to any residential construction.

9)

Signage. All proposed signage in the residential area shall be regulated as if it were zoned R-1, Low Density Residential.

10)

Provisions not specifically mentioned. Any requirement not specifically mentioned within this section shall automatically revert to standards associated with the R-1, Low Density Residential Zoning District.

11)

Government construction authority standards. Nothing in this section shall be construed as prohibiting further construction or use of land by any government body for public purposes where consistent with the zones and regulation of this chapter.

(Ord. No. 636, 2-24-2003)

1.

Scope. The following requirements apply to all planned neighborhood development (PND) special use permit applications.

2.

Purpose. These regulations are intended to ensure neighborhood compatibility, maintain harmony and character of existing residential areas, and ensure residential infill development occurs in an orderly and desirable manner. It is also intended to:

a.

Allow flexibility in lot sizes to facilitate infill development.

b.

Provide development standards and guidelines to promote compatibility between existing and new development.

c.

Eliminate regulatory constraints (e.g., restrictive zoning) to residential infill development and establish public processes and regulations that support appropriate infill development.

3.

Applicability. These regulations pertain to the R-1 and R-1A zoning districts where PNDs are permitted by special use permit. The PND regulations can be used for development proposals that meet the following criteria:

a.

Minimum lot size: A parcel, or a group of adjacent parcels, existing on the date of the adoption of these provisions not less than five acres in total area.

b.

Maximum lot size: Shall be less than ten acres.

c.

Uses: Single-family dwellings and customary accessory uses, as defined in chapter 2, section 202(1) and section 305.

4.

Design standards.

a.

[Compatibility with existing infrastructure.] The project shall be compatible with the existing infrastructure.

b.

Compatibility with adjacent uses. The proposed planned neighborhood development project shall set forth in detail all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views and other design features that exhibit due regard for the relationship of the development to surrounding properties, the character of the site and the land uses. In determining whether this requirement has been met, consideration shall be given to:

i.

The bulk, placement, and materials of construction of proposed structures.

ii.

Pedestrian and vehicular circulation.

iii.

The location and screening of vehicular use or parking areas.

iv.

The provision of landscaping and other site amenities.

c.

Circulation. A PND project shall provide internal circulation for vehicular, pedestrian, and non-motorized movement within public rights-of-way and/or general common elements as follows:

i.

Internal access: The vehicular and non-motorized circulation system shall provide access to all lots, uses, and buildings within the planned neighborhood development.

ii.

Connections: The vehicular and non-motorized circulation system shall connect with existing adjacent developments and non-motorized systems or shall be designed to provide connections to future adjacent developments and planned street and non-motorized improvements, as recommended by the planning commission.

d.

Architectural and site element design.

i.

To encourage diversity in design, at least three significantly different architectural styles shall be provided for each floor plan. Elevations shall be structurally different with different roof types facing the street. The entry should be the focal point of the home through the use of roof elements, columns, porticos, and/or other architectural features.

ii.

Exterior building wall finish on all primary structures, exclusive of windows and doors, that face the street shall consist of a minimum 35 percent brick veneer, rock, or stone masonry. No more than 15 percent EIFS, stucco, wood, or concrete-board shall be permitted. Excepting for metal roofs, exposed metal or exposed concrete block buildings shall not be permitted.

iii.

Garages should be designed and located to reduce the visual impact of garage doors along street frontages. A mix of garage orientations (i.e. significantly recessed front facing, side entry, tandem) shall be provided.

iv.

Signage, lighting, entryway features, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and cohesive development, consistent with the character of the surrounding area, and natural features of the area. Street and/or site lighting shall be required.

e.

Enhanced landscaping.

i.

All PND proposals shall provide landscaping that is above and beyond that of the requirements listed in the zoning ordinance. Street trees are required on each lot. Trees shall be provided in the front yard, be placed at a rate of at least two per lot, and be at a maximum distance apart of 20 feet. Such trees shall be of the large deciduous type such as oak, hard maple, or similar type. Black locust, box elder, catalpa, elms, chestnut, poplars, and willows shall not be allowed. Trees shall be a minimum of eight feet in height at the time of planting. PND landscaping shall enhance the street frontage, and will promote privacy between units.

5.

Resulting lots. A parcel that meets the requirements outlined in this section shall be divided into individual lots or site condominiums no smaller than the requirements outlined within this section.

a.

Minimum resulting lot size: 8,000 square feet.

b.

Minimum resulting lot width: 65 feet.

c.

Minimum resulting lot depth: 120 feet.

d.

Minimum front yard: 25 feet.

e.

Minimum rear yard: 30 feet.

f.

Minimum side yard: Eight feet.

(Ord. No. 753, 8-14-2017)

1.

Intent. It is the intent of this Ordinance to regulate the safe, effective, and efficient use of solar energy systems (SES) in order to reduce or replace the consumption of electricity supplied by utility companies.

2.

Definitions.

A.

Building integrated photovoltaic (BIPV) systems. A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the façade, and which does not alter the relief of the roof.

B.

Dual use: A solar energy system that employs one or more of the following land management and conservation practices throughout the project site:

i.

Pollinator habitat: A site designed to have vegetation that will enhance pollinator populations, including a diversity of flowering plants and wildflowers, and meets a score of 76 or more on the Michigan Pollinator Habitat Planning Scorecard for Solar Sites.

ii.

Conservation cover: A site designed with practices to restore native plants, grasses, and prairie with the aim of protecting specific species or providing specific ecosystem services, such as carbon sequestration or soil health. The site much be designed in partnership with a conservation organization or approved by the Washtenaw County Conservation District.

iii.

Forage/grazing: Sites that incorporate rotational livestock grazing and forage production as part of a vegetative maintenance plan.

iv.

Agrivoltaics: Sites that combine raising crops for food, fiber, or fuel, and generating electricity within the project area to maximize land use.

C.

Ground-mounted solar energy system. A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure.

D.

Photovoltaic (PV) systems. A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, which generate electricity whenever sunlight strikes them.

E.

Rooftop solar system. A solar energy system in which solar panels are mounted on top of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted.

F.

Solar collector. A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

G.

Solar energy system. Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation, and distributed. Solar systems include solar thermal, photovoltaic, and concentrated solar.

H.

Solar panel. A device for the direct conversion of solar energy into electricity.

I.

Solar-thermal system. Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.

J.

Wall-mounted solar energy system. A solar energy system that is installed flush to the surface of the wall of a permanent building.

3.

Applicability.

A.

The requirements of this Ordinance shall apply to all SES installed after the effective date of this Ordinance. These uses may be authorized by the issuance of a special use permit or as otherwise cited when all of the procedures and Ordinance requirements stated and the additional requirements of this section can be complied with.

B.

SES which were installed prior to the effective date of this ordinance shall not be required to meet the requirements of this Ordinance except for modifications to an existing SES that increase the SES area by more than ten percent of the original footprint or that change the solar panel type. Only the modification or alteration is subject to this Ordinance.

4.

Types of solar energy systems.

A.

Level 1 solar energy systems. Level 1 solar energy systems generally provide energy primarily for on-site uses. Level 1 systems may be comprised of the following:

i.

Rooftop solar energy systems on any structure.

ii.

Rooftop solar thermal systems on any structure.

iii.

Ground-mounted solar energy systems may occupy an area up to 50 percent of the footprint of the principal structure on the parcel, but shall in no case exceed 1,000 square feet in area on any residentially-zoned parcel, or 10,000 square feet on parcels located in all other zoning districts.

iv.

Building integrated photovoltaic (BIPV) systems.

B.

Level 2 solar energy systems. Level 2 solar energy systems are those systems that may provide energy for on-site and/or off-site uses that are of a size exceeding the permitted ground area coverages of a level 1 SES; subject to the area limitations stipulated for the zoning districts in which they are located, as follows:

i.

Agricultural zoning districts: Solar energy systems not to exceed 20,000 square feet in area.

ii.

Commercial zoning district: Solar energy systems not to exceed 200,000 square feet in area.

iii.

Campus business district: Solar energy systems not to exceed 200,000 square feet in area.

iv.

Manufacturing zoning district: Solar energy systems not to exceed 200,000 square feet in area.

C.

Level 3 solar energy systems. Level 3 solar energy systems are those systems that exceed the parameters stipulated for level 1 and level 2 solar energy systems.

5.

Permitted zoning districts. SES are allowed as demonstrated in the below table:

Table: Solar Energy Systems (SES) Permitted Zoning Districts

P = Permitted use under special conditions subject to regulations herein.

S = Permitted by special land use permit subject to regulations herein.

6.

General regulations.

A.

Zoning administrator review. All SES which are a permitted use in a zoning district shall be subject to review and approval by the zoning administrator. Exceptions to zoning administrator review shall be a single solar panel less than ten square feet in area or the repair and replacement of equipment related to an existing solar energy system which does not increase the size of the system. Applicants for zoning administrator review shall submit a site plan to the zoning administrator providing the setbacks and height of the equipment including a data sheet from the equipment manufacturer.

B.

Setbacks. On a residentially-zoned or residentially-utilized parcel, ground-mounted SES shall not be located in front of the established building line and/or front yard setback, whichever is greater, and shall have a minimum setback of five feet from the rear property line and eight feet from the side property line. Setbacks for ground mounted level 2 and level 3 SES shall be measured from the property line, road right-of-way line, or proposed road right-of-way line, whichever is greater, to the closest point of the solar array at minimum tilt or any SES components. Level 2 and level 3 SES shall be setback 100 feet from any nonparticipating property and from any road right-of-way, property line along a road frontage, or proposed right-of-way, whichever setback distance is greater. In all other cases not covered by the above, ground mounted SES shall not be located in the required front, side, or rear yard.

C.

Height.

i.

Ground mounted: Ground mounted solar energy collectors in residential districts shall not exceed eight feet in height as measured from ground level to the top of the solar collectors when oriented at maximum tilt. Ground mounted solar energy collectors in other districts shall not exceed 17 feet in height as measured from ground level to the top of the solar collectors when oriented at maximum tilt.

ii.

Rooftop mounted: Rooftop mounted SES shall not project more than five feet above the highest point of the roof, but, in any event, shall not exceed the maximum building height for the zoning district in which it is located. Roof-mounted SES shall not project beyond the eaves of the roof.

The planning commission may permit up to 20 feet in height systems as part of special use approval, to allow for grazing or other operations.

D.

Wall mounted SES. Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.

E.

Solar thermal systems. Solar thermal systems shall be a permitted use by-right in all zoning districts.

F.

Design and construction. The design and construction of solar energy systems shall not produce light emissions, either direct or indirect (reflective), that would emit unreasonable glare or negatively impact adjacent properties. All panels shall have tempered, non-reflective surfaces.

G.

Lot coverage. The surface area of ground-mounted solar collectors shall not be included in the calculation of the maximum permitted lot coverage requirement for any parcel of land.

H.

Accessory use. Level 1 SES shall be considered an accessory use, not the principal use, on agriculturally-zoned and residentially-zoned parcels. Level 2 SES shall be considered an accessory use, not the principal use, on agriculturally-zoned parcels.

I.

Buffering for level 1 SES. Buffering of ground mounted solar energy systems of less than 1,000 square feet is not required. Buffering is required for ground mounted solar energy systems equal to or greater than 1,000 square feet as follows:

i.

Required for all yards when SES is visible from adjacent property and roadways in accordance with bufferyard "C" requirements outlined in section 303.4.a) for a length of four times the length of the solar array, centered on solar array.

ii.

Location to be determined in consultation with the zoning administrator (In relation to proximity to property line and SES).

iii.

Zoning administrator may approve variations as determined appropriate for site circumstances.

J.

Buffering for level 2 and level 3 SES. Buffer yards around the perimeter of a level 2 or level 3 SES shall be provided to minimize visual impacts of the SES to surrounding properties. In addition to the below requirements, the planning commission may require additional bufferyard and screening requirements as necessary. Buffering/screening shall be provided in accordance with the following requirements when the property is:

i.

Adjacent to a residential use, residential zoning district, or residential future land use designated property.

a.

At least four evergreen trees provided every 100 linear feet, with additional plant material to be planted dense enough to provide opacity at time of planting. The trees shall be in a staggered pattern and evenly distributed within each 100 linear feet section. Trees shall be planted outside of required fencing. Shrub like evergreens may be planted such as arborvitae along with evergreen trees to provide a natural screen.

b.

Each evergreen shall have a minimum mature height of 15 feet and have a minimum height of eight feet at the time it is planted.

c.

Landscaping shall be maintained in accordance with section 405.4 maintenance of landscaping.

d.

The planning commission may require landscaping to be placed on a berm to ensure proper screening of the SES.

e.

The planning commission may require the above buffering when adjacent to other uses, zoning districts, or future land use designated properties as deemed appropriate.

ii.

Adjacent to non-residential uses, zoning districts, and future land use designated properties.

a.

Required for all yards in accordance with bufferyard "C" requirements outlined in section 303.4.a).

b.

The planning commission may require the buffering requirements listed under section 2222.6.I. when adjacent to other uses, zoning districts, or future land use designated properties as deemed appropriate.

K.

Groundcover for level 2 and level 3 SES.

i.

Shall include the installation of ground cover vegetation maintained for the duration of operation until the site is decommissioned. A ground cover vegetation establishment and management plan shall be submitted as part of the site plan.

ii.

Properties bound by a Farmland Development Rights Act (PA 116) Agreement must follow the Michigan Department of Agriculture and Rural Development's Policy for Allowing Commercial Solar Panel Development on PA 116 Lands.

iii.

Ground cover at properties not enrolled in PA 116 shall meet one or more of the following types of dual use, as defined in in this section, to promote ecological benefits:

a.

Pollinator habitat.

b.

Conservation cover.

c.

Forage/grazing.

d.

Agrivoltaics.

L.

Buried power lines. On-site power lines related to SES shall be buried except where necessary to connect to existing overhead transmission lines or where prohibited by natural features.

M.

Security. Special land use permit applicants for a level 3 SES shall submit a security plan detailing on-site security provisions which could include fencing, full-time security guards, video surveillance, etc.

N.

Fencing. Level 2 and level 3 SES shall be fenced in with at least a seven foot chain link fence or seven foot woven wire fence with wooden or steel posts. Fencing must meet all applicable standards, including National Electrical Code requirements. Barbed wire is prohibited. Fencing is not subject to setback requirements.

O.

Construction waste management plan. The initial construction of level 2 or level 3 SES can produce large quantities of cardboard, wood, scrap metal, and scrap wire. Applicants for a level 2 or level 3 SES shall submit a waste removal plan describing the methods of waste disposal.

P.

Decommissioning. At the time an application is submitted for a level 2 or level 3 SES, as required by section 2222.5, a decommissioning plan shall be submitted as follows:

i.

Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no power production for 12 months, etc.)

ii.

Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and building foundations to a depth of three feet below grade.

iii.

Restoration of property to the condition prior to development of the SES.

iv.

The timeframe for completion of decommissioning activities.

v.

An engineer's cost estimate for all aspects of the decommissioning plan.

vi.

Description of any agreement (e.g., lease) with the landowner regarding decommissioning.

vii.

Provisions for updating the decommissioning plan.

viii.

The decommissioning of any electrical equipment/components shall be executed by a licensed electrical contractor.

ix.

A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the decommissioning plan and the special land use permit upon cessation of use.

x.

Saginaw Charter Township may mandate that the owner or operator provide a financial guarantee to cover the costs of decommissioning the site.

xi.

The decommissioning plan shall be recorded with the Saginaw County Register of Deeds.

xii.

The Saginaw Charter Township Electrical Inspector shall conduct a final inspection to confirm that the SES has been decommissioned consistent with the provisions of the decommissioning plan.

xiii.

Saginaw Charter Township may require a performance bond or other financial guarantee to ensure removal of the approved solar energy system upon the terms identified in P.i above. Such financial guarantee or bond shall be sufficient to cover removal and disposal of all built solar improvements, as well as landscape restoration of the site, adjusted for inflation over 20 years or other term as agreed upon by the township.

Q.

Sound. The sound pressure level of a level 2 and level 3 SES and all ancillary equipment shall not exceed 45 dB(A) at the property line of any adjacent non-participating residentially used, zoned, or future land use designated properties. The site plan shall include modeled sound isolines extending from the sound source to the property lines to demonstrate compliance with this standard.

R.

Lighting. Level 2 and level 3 SES lighting shall be limited to inverter and/or substation locations only. Any lighting shall be directed downward and be placed to keep light on-site and glare away from adjacent properties, bodies of water, and adjacent roadways. Flashing or intermittent lights are prohibited.

S.

Energy storage facilities. Energy storage facilities for level 2 or 3 SES. Energy storage facilities shall meet the same setback, bufferyard, outdoor lighting, and sound requirements for level 2 and level 3 SES. Conditions of approval may be imposed to ensure public safety and to address any unforeseen concerns.

T.

State level changes. It is understood that SES systems are continuing to evolve and that rules may change at the state level that may impact these rules. In the event that rules change at the state level that over-ride any of these rules, the rules for the state shall be utilized as applicable with the remaining rules contained in this section remaining applicable.

7.

Other approvals required.

A.

Building/electrical permits. Nothing in this Ordinance modifies the building code and electrical code standards, as amended, to construct a SES.

B.

Fire department approval. Nothing in this Ordinance modifies the requirements or exempts any SES from compliance with the applicable regulations of the International Fire Code as adopted by Saginaw Charter Township.

C.

Onsite wastewater system avoidance. Nothing in this Ordinance modifies the regulations of the Saginaw County Health Department requirements. A SES shall not be constructed over on-site wastewater systems (e.g. septic systems) unless approved by the Saginaw County Health Department.

D.

Stormwater approval. Nothing in this Ordinance modifies the requirements or exempts any SES from compliance with the applicable regulations established by the Saginaw Charter Township Stormwater Management Plan or the Saginaw County Drain Commissioner's Office. The growth of vegetation beneath the arrays of solar panels is encouraged in order to limit the impacts of stormwater runoff. A landscaping and maintenance plan should be provided as part of site plan review.

E.

Airports. Solar energy systems may create a glare hazard for pilots. Applicants for level 1, level 2, and level 3 SES over 20,000 square feet shall comply with Federal Aviation Administration siting requirements.

8.

Alternative review for SES facilities that have a nameplate capacity of 50 megawatts or more. The above rules shall not apply to SES facilities and energy storage facilities that have a nameplate capacity of 50 megawatts or more as included in 2008 PA 295, the "Clean and renewable energy waste reduction act". For those facilities, the township shall complete a local review of the facility site plan and follow the review process and requirements at a local level as provided for in HB 5120, as the requirements may be amended. An applicant shall submit a site plan as required by section 224, and a copy of an application for a certificate as required by section 225a and other information that the commission requests. The township shall review the application through its site plan review process utilizing the same standards that the public service commission utilizes as listed in section 226, this includes having the ability to condition approval based on the standards/requirement in that section.

(Ord. No. 771, 9-28-2020; Ord. No. 793, 2-26-2024)

1.

Intent.

a)

It is the intent of this Ordinance to permit one marihuana safety compliance facility in compliance with Chapter 83—Marihuana Safety Compliance Facilities of the Code of Ordinances of Saginaw Charter Township.

b)

In accordance with chapter 83, one marihuana safety compliance facility may be permitted by special use permit within the B-2, Commercial (neighborhood), zoning district. All other marihuana establishments shall be prohibited.

c)

Further, it is the intent of this Ordinance to provide for the adoption of zoning restrictions to protect the public health, safety, and general welfare of the township at large; retain the character of neighborhoods; and mitigate potential impacts on surrounding properties and persons.

2.

Definitions. See Chapter 83—Marihuana Safety Compliance Facilities of the Code of Ordinances of Saginaw Charter Township for definitions related to marihuana safety compliance facilities.

3.

Permitted marihuana safety compliance facilities. A maximum of one marihuana safety compliance facility may be permitted within the B-2, commercial (neighborhood), zoning district. The entire parcel or lot upon which a marihuana safety compliance facility is located shall be zoned B-2, commercial (neighborhood), at such time a special use permit application is submitted.

4.

Dimensional requirements shall be in compliance with section 1605.

5.

Off-street parking and loading requirements shall be reviewed in accordance with section 402.2. requirements for a use not mentioned.

6.

All marihuana shall be contained within a principal building and within an enclosed, locked facility in accordance with the Medical Marihuana Facilities Licensing Act and/or the Michigan Regulation and Taxation of Marihuana Act, as applicable.

a)

If only a portion of a principal building is authorized for use as a marihuana safety compliance facility, a partition wall of at least seven feet in height, or a height as required by the applicable building codes, whichever is greater, shall be provided to separate the marihuana facility from the remainder of non-marihuana facility areas within the building. The partition wall shall include a door, capable of being closed and locked, for ingress and egress between the marihuana facility and the remainder of the building.

7.

Security cameras. Exterior security cameras shall be provided and directed to record only the subject property and may not be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the state. Recordings shall be kept for 90 days.

8.

Maintenance.

a)

Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner as determined by the zoning administrator so that litter and waste do not constitute a source of contamination in areas where marihuana is exposed.

b)

Floors, walls, and ceilings within the building containing the marihuana establishment shall be constructed in such a manner that they may be adequately cleaned and kept in good repair as determined by the zoning administrator.

9.

Odor. As used in this subsection, the term building means the principal building, or any portion thereof, used as a marihuana safety compliance facility.

a)

The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.

b)

The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.

c)

The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.

d)

Negative air pressure shall be maintained inside the building.

e)

Doors and windows shall remain closed at all times, except for the minimum length of time needed to allow people to ingress or egress the building.

f)

An alternative odor control system is permitted if the applicant submits, and the municipality accepts, a report by a mechanical engineer licensed in the State of Michigan demonstrating that the alternative system will control odor as well as or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advice as to its comparability and whether, in the opinion of the expert, it should be accepted.

10.

Hours and days of operation. The hours and days of operation of a safety compliance facility shall be in compliance with any limitations imposed as a condition of license approval.

11.

Buffer zones. A marihuana safety compliance facility shall not be located within the distance specified from the uses below as determined by the township. Distance shall be measured as stipulated in the Michigan Liquor Control Act as follows:

a)

A marihuana safety compliance facility shall be prohibited from being located within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any grades one through 12. The distance between the school building and the marihuana safety compliance facility shall be measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the school building nearest to the marihuana safety compliance facility and from the part of the marihuana safety compliance facility nearest to the school building.

b)

A marihuana safety compliance facility shall be prohibited from being located within 1,000 feet of the real property comprising or used by a preschool child care facility, nursery school, day nursery, or day care as regulated by the zoning ordinance. The distance between the regulated building and the marihuana safety compliance facility shall be measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the regulated building nearest to the marihuana safety compliance facility and from the part of the marihuana safety compliance facility nearest to the regulated building.

c)

A marihuana safety compliance facility shall be prohibited from being located within 100 feet of a residentially zoned structure. The distance between the residential zoned structure and the marihuana safety compliance facility shall be measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the residentially zoned structure nearest to the safety compliance facility and from the part of the safety compliance facility nearest to the residentially zoned structure.

d)

A marihuana safety compliance facility shall be prohibited from being located within 100 feet of a vacant residentially zoned parcel. The distance between the residential zoned vacant parcel and the marihuana safety compliance facility must be measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the intersection of the minimum front or rear yard and side yard setback requirement nearest to the marihuana safety compliance facility and from the part of the marihuana safety compliance facility nearest to the intersection of the minimum front or rear yard and side yard setback requirement.

(Ord. No. 779, 11-8-2021)

1.

Authorization. Indoor self-storage facilities are one or more structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only and located entirely within a climate-controlled building or buildings. Such facilities/buildings do not have direct access to individual units from outside the building, but rather have a primary entrance or entrances to the overall units. Such storage facilities have characteristics that require special locational and operational considerations.

2.

Development requirements. Development and performance/operational requirements.

a)

Hours of operation. The hours of operation shall be limited from 6:00 a.m. to 8:00 p.m.

b)

Outdoor lighting. In addition to the outdoor lighting requirements contained elsewhere in the zoning ordinance, sufficient outdoor lighting for building entrances shall be provided.

c)

Surveillance camera system(s). Such facility shall have a surveillance system that adequately records activity at the facility.

d)

Hazardous material. In no case may hazardous material be stored.

e)

Access to units. Such facilities/buildings shall not provide direct access to individual units from outside the building. A primary entrance or entrances shall be provided to the overall units.

f)

Outdoor storage. Outdoor storage is prohibited.

g)

Building design. Buildings are designed to be compatible with adjacent uses.

h)

Overlay zoning districts. Shall not be located within the Cardinal Square Overlay zoning district or the State Street Corridor Overlay zoning district.

i)

Mixed use and transitional areas. Shall not be located in mixed use and/or transitional areas as identified on the 2021 Saginaw Charter Township Master Plan Future Land Use Map, as may be amended/revised over time by the township.

j)

Campus business district. Shall not be located in the campus business district as identified on the 2021 Saginaw Charter Township Master Plan Future Land Use Map, as may be amended/revised over time by the township.

k)

Distance separation. May be located no closer than 1,250 feet from another indoor-storage facility, measured from closest property line to closest property line, in the straightest line possible, irrespective of roadways and natural barriers.

l)

Building height. All buildings, whether newly constructed or established, shall be a single story in height only. A single story shall be a maximum height of 16 feet.

m)

Buffer yard. Where adjoining residentially zoned or residentially used property, a type C buffer yard with minimum width of 25 feet shall be required with Type C buffer yard planting requirements as listed in section 303. A decorative masonry wall eight feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. When adjoining uses other than residential, the buffer yard requirements of section 303 shall be followed as written.

n)

Building, parking, and drive aisle setbacks. If the property abuts a residential district or use, a minimum 50 foot setback shall be required.

o)

Open/green space percentage. A minimum of 40 percent of the lot shall be covered in greenspace (grass, trees, shrubs, stormwater area, etc.). This percentage may be reduced to 35 percent if additional space is occupied with required parking and drive aisles.

(Ord. No. 787, 2-13-2023, eff. 3-1-2023)