Editor's note— Ord. No. 212.62, adopted Oct. 17, 2006, deleted § 12.00 in its entirety. Former § 12.00 pertained to F-1, flood hazard district. For a history of former § 12.00 see the Code Comparative Table.

The transition district is established primarily to provide designated areas for screening, parking, and proper use separations. The transition district will provide scale between residential and non-residential uses, isolating certain external physical effects, and will supply linear commercial development, where necessary, with the reduction of entry and exit points along major roads to better facilitate the safe movement of traffic.

7A.

Uses permitted. Only the following activities may be allowed in this district: screening, off-street parking areas for private passenger vehicles, access drives to abutting property, interconnection drives to adjacent properties, and signs as regulated in section 5.05 of this ordinance.

B.

Limitations, conditions and regulations of uses.

1.

The district depth shall be measured from the centerline of the abutting road right-of-way and shall be continuous to a depth of as indicated on the following list of roadways for each street as classified on the township adopted master plan:

*  150 feet for regional roads with 150-foot proposed right-of-way.

2.

Wherever a use district abuts or fronts upon a transitional district, the required minimum front building setback of said district may be waived.

3.

A landscaped greenbelt and/or berm shall occupy the portion of the district between the right-of-way to the minimum depth indicated on the following schedule:

(Distance in feet are measured from the centerline of the right-of-way).

_____

_____

 *  Where regional highway is proposed at 150 feet right-of-way (ROW) rather than 204 feet right-of-way (ROW), the distance indicated above may be reduced by 27 feet.

 **  These commercial district setback requirements apply, except as provided in the applicable commercial zoning district contained in this ordinance. In the event that there are conflicts between the T-1 front yard setbacks and the district requirements, the greater setback shall apply.

The method and height of screening shall be specified by the planning commission and shall meet the standards of section 5.01 of this ordinance.

4.

When a proposed development abuts a like or compatible use district, an access service drive at a uniform setback location shall be provided for vehicular access to and through adjacent parking lots to minimize the need for ingress and egress points for each developed parcel, thereby decreasing the hazards to pedestrian and vehicular traffic.

5.

Where parking is permitted within the district, it shall be planned, developed, and maintained in accordance with the requirements of article 6 of this ordinance.

6.

All development within this district shall require a site plan to the standards of section 7.02 whether or not a building permit is required before any removal of site vegetation, earth movement, land balancing or construction may be begun.

7.

All points of ingress and egress shall be approved by the planning commission and acceleration and deceleration lanes as well as a bypass lane may be required to facilitate the safe movement of traffic.

Purpose. In the development of a community, there are some uses which, because of their nature, are recognized as having, or as having a potential for, serious, damaging, and deleterious effects on the community, its business activity and commerce, and its citizens, including children, particularly when such uses are close to residential neighborhoods or when several of such uses are concentrated in areas within the community [township]. Special regulations of these uses are necessary to promote and protect the public health, safety, and general welfare of the community and its citizens, and to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, and to protect and conserve property values therein. Uses subject to these special controls are as follows:

Adult bookstores

Adult video stores

Adult motion picture theaters

Adult cabarets or adult night clubs

It is the purpose of this section to prevent the concentration of these uses in any one area and prevent the location of these uses near residential zones, churches, schools and public or private parks.

A.

Location of regulated adult use.

1.

Subject to compliance with section 12.20.A.2. and any applicable obscenity law, ordinance or statute, or any other applicable rule, law, ordinance or statute, a regulated adult use shall be permitted to locate and operate only in the following designated zones:

(a)

General business district (C-4).

(b)

Light manufacturing district (LM).

(c)

Heavy manufacturing district (HM).

(d)

Flood hazard district (F-1).

2.

No regulated adult use shall be established or maintained on a parcel of land which parcel has a boundary within 750 feet from a boundary of any of the following:

(a)

Any parcel of land zoned or used for single family, two family or multiple family dwellings;

(b)

Any parcel of land zoned for a mobile home park;

(c)

Any other parcel zoned or used for residential use;

(d)

Any parcel of land having a school or church thereon;

(e)

Any parcel of land used as a public or private park;

(f)

Any other parcel of land on which there is a regulated adult use.

B.

Application procedure. In order to establish any of the regulated adult uses, an application for such use shall first be made to the Building Director for Shelby Township on a form provided by such director. Such director shall approve or disapprove the application within 30 days from the receipt of the completed application. Only those applications for adult regulated uses which meet the location standards set forth in section 12.20.A. hereof and other applicable laws of the township shall be approved.

C.

Granting of variance of locational standards. The Zoning Board of Appeals for Shelby Township may grant a variance to the locational standards of section 12.20.A., if the following occurs:

1.

A validated petition requesting such a waiver is signed by the owners or purchaser[s] of at least 51 percent of the parcels of land which have a boundary within 750 feet from a boundary of a parcel of land proposed to be used for a regulated adult use and is presented to the zoning board of appeals. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and the same were affixed to the petition by the person whose name appeared thereon. The petition will be worded so that the signers of the petition will attest to the fact that they are the owners or purchasers of the parcel of land identified by the permanent parcel number opposite their signature; and

2.

That the zoning board of appeals makes the following findings:

(a)

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this ordinance will be observed.

(b)

That the proposed use will not enlarge or encourage the development of a "skid row" area or to the blighting or downgrading of the surrounding neighborhood.

(c)

That the establishment of an additional regulated adult use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.

(d)

That all applicable regulations of the ordinance will be observed.

Purpose. The recreational district is intended to provide an appropriate zoning classification for specified outdoor, public recreational activities, and other municipal or institutional uses where a separate zoning district is determined to be appropriate. The district is intended to provide neighborhood and community-level [township-level] recreation opportunities, to protect public recreation sites from encroachment or intrusion by other incompatible land uses, to insure compatibility with adjacent residential uses, and to provide, where appropriate, a buffer between residential and non-residential uses.

A.

Uses permitted. In the recreational district, no land or building shall be used except for one or more of the following uses:

1.

Public parks, public playgrounds, public swimming area, and similar outdoor public recreation activity areas and public open space.

2.

Public or private golf courses.

3.

Township, county, state and federal buildings and uses for administrative functions and uses by the general public.

4.

Related accessory commercial uses may be permitted in conjunction with the principal recreation use when it is clearly incidental to the main recreation character of the use and located on site.

5.

Other similar uses, as determined by the planning commission.

B.

Site, area and placement requirements.

1.

Area. Unless otherwise regulated by state or federal statutes, the area of the parcel of land for a permitted public facility shall not be less than that required to provide adequate space for the principal and accessory buildings and uses, off-street parking, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The minimum area provided shall also be sufficient to accommodate a desirable and functional park or open space area.

2.

Minimum yard setbacks and height:

(a)

Front yard. The minimum front yard setback shall be equal to that of the minimum front yard setback for the most restrictive adjacent zoning district. No parking may be permitted in the required front yard setback.

(b)

Other perimeter yards. No building or activity areas shall be located within 25 feet from the perimeter property lines of the site. When abutting a residential zoning district, this distance shall be increased to 100 feet. The need for screening along any abutting perimeter setback and the depth of the required setback shall be determined by the planning commission based on the type of activity areas located adjacent to residential zoning districts.

(c)

Building height. Two stories, or 35 feet.

3.

Additional site requirements.

(a)

Off-street parking. Off-street parking shall be required as specified in article 6 of this ordinance.

(b)

Environmental standards. All applicable environmental standards shall be required as specified in article 5 of this ordinance.

Purpose. In order to accommodate the communication needs of residents and businesses, while protecting the public health, safety and general welfare of the community [township], these regulations are necessary in order to accomplish the following objectives:

•

Facilitate the provision of wireless telecommunication services to the residents and businesses of the township.

•

Minimize adverse visual effects of towers through careful design and siting standards.

•

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements.

•

Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community [township].

A.

Zoning districts. Communication towers may be allowed as a special land use in all non-residential zoning districts, zoning districts subject to the requirements contained herein, and the special land use review standards of section 13.01.

B.

Tower setbacks. Towers shall observe a setback equal to the height of the tower up to a maximum of 250 feet to all perimeter property lines and to any abutting public road rights-of-way. Tower collapse characteristics shall demonstrate that failure or collapse of a tower will be confined to an area surrounding the tower, the radius of which is equal to not more than one half the height of the tower.

C.

Tower height. The maximum height of the tower shall not exceed 100 feet, including the tower and all attached structures and appurtenances.

D.

Equipment building standards.

1.

The exterior of any equipment maintenance buildings shall be constructed of brick or other approved decorative building materials, as determined by the planning commission.

2.

Buildings shall not be used for offices, long-term vehicle storage, broadcast studios, or other uses that are not needed to send or receive transmissions.

3.

Equipment at transmission facilities shall be automated and unmanned to the greatest extent possible to reduce traffic and congestion. As part of the application process, the applicant shall describe anticipated site and building maintenance needs, including the frequency of service, personnel needs, equipment needs, and the traffic, noise or safety impacts of such maintenance.

E.

Lighting.

1.

All building and tower lighting shall conform to the standards contained in section 5.06.

2.

When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be oriented inward so as not to project onto surrounding residential property.

F.

Structural integrity and inspection.

1.

All towers shall be certified by an engineer, licensed by the State of Michigan, according to structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association.

G.

Parking and access.

1.

Vehicular access to tower sites shall consist of a paved, 12-foot wide driveway.

2.

At least one off-street parking space, meeting the requirements of section 6.03, shall be provided for each tower site. The need for additional parking spaces shall be considered by the planning commission on the basis of need.

H.

Reserved.

I.

Abandonment. All towers and/or monopoles which cease to be used for a period of six continuous months shall be removed at the owner's expense, including all equipment and equipment buildings and shelters or structures, and the site shall be restored to its original condition within three months of written request of the township. If a facility, tower or monopole is scheduled to be placed back in use within six months of the date of notice given by the township, as provided herein, the owner may apply to the zoning board of appeals for an extension. Upon proof that use of the facility, tower or monopole will commence use within six months of the original notice of request to remove, the zoning board of appeals may grant an additional period of time, not to exceed six months.

(Ord. No. 212.5, § 34, 7-20-1999; Amend. of 7-7-2009; Ord. No. 212.92, 5-20-2014)