It is hereby deemed necessary to the preservation of health, safety and welfare that the certain uses hereinafter set forth be specially controlled because they serve an area, market and/or purpose considerably beyond the borders of the township and/or create particular problems of control in relation to adjoining uses, districts, public health, safety and welfare. These uses, because of their unique characteristics and/or effects upon public health, safety and welfare, are deemed to be impractical to be permitted without special land use approval, and then only as specifically allowed.

In all cases, the power to grant special land use approval is vested in the township board. All applications for special land use approval shall be submitted to the planning and zoning department for review and processing. The application shall be submitted in the number of copies required and accompanied by the same number of site plans, all prepared and filed to meet the requirements of section 7.02.

The planning commission shall review the application after proper notice has been given as required by state law and recommend approval of the application, with any suggested conditions the commission may find necessary, or recommend disapproval of the application with its reasons stated in writing. If a public hearing is to be held as provided by state law, then the planning commission, after proper notice, shall hear any person wishing to express an opinion on the application.

At its next regular meeting after receipt of the planning commission's recommendation, the township board shall consider the application for special land use approval or disapproval in accordance with the provisions of this section.

The planning commission and township board shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed land use if it is to be approved.

A.

Standards.

1.

The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.

2.

The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfaces in residential districts.

3.

The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby uses permitted, whether by reason of dust, noise, fumes, vibration, smoke or lights.

4.

The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

5.

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.

6.

The proposed use offers a service for the public convenience at the proposed location.

7.

The proposed use is so designated, located, planned and to be operated that the public health, safety and welfare will be protected.

8.

The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

A.

Hearings. The planning commission shall investigate the circumstances of each such application and give notice of the time and place of any hearing, meeting or review which may be held relative thereto as required by state law and/or its rules or procedure.

B.

Approval. If the township board determines that the particular special land use(s) should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon the particular use(s) which shall be allowed. Thereafter, the building department may issue a building permit in conformity with the particular special land use so approved. Special land use approval is valid for a period of two years. The approval shall be counted from the date that the special land use was approved by the township board. Within two years, the applicant shall have made application for a building permit or received engineering approval. Applications for extensions may be made in writing prior to the expiration of the two-year approval.

C.

Denial. If the township board determines that the particular special land use(s) requested does not meet the standards of this ordinance or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the township, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.

D.

Record. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

E.

Conditions. The township board may impose such conditions or limitations in granting approval as may be permitted by state law and this ordinance which it deems necessary to fulfill the spirit and purpose of this ordinance. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

(1)

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community [township] as a whole.

(2)

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual con sent of the approving authority and the landowner. The township board shall maintain a record of changes granted in conditions.

Once a special land use has been approved, no zoning board of appeals requests shall be permitted. Any changes in the development plans must be made in accordance with revision procedures contained herein.

F.

Changes to an approved special land use. Minor changes to an approved special land use, including the minor shifting of buildings, service areas and other features requested by the developers, may be authorized by the planning commission and processed as site plan applications. The planning coordinator, in consultation with the township planner and township engineer, shall make the determination as to whether a change is minor or if an amendment is required based upon the standards contained in this paragraph. Amendments that significantly impact factors considered by the planning commission or township board in approving a special land use, such as changes to circulation systems, densities and major building rearrangements, shall require the applicant, or the applicants' successors, to return to the planning commission and township board for approval of an amended plan. The procedure outlined for original approval shall be followed when submitting an amended plan.

(Ord. No. 212.59, 8-18-2005; Ord. No. 212.71, 9-3-2007)

A.

Amusement device centers may be allowed in the C-3 shopping center business district or in the mall area of a shopping center.

B.

Specific requirements and conditions.

1.

All such uses shall have public access only from the mall pedestrian areas.

2.

Adequate on-site security for the shopping center mall shall be provided. The adequacy of security shall be considered by the Shelby Township Police Department.

3.

Noise associated with the use shall be confined within the tenant space so as to not constitute a nuisance to adjoining or nearby tenants.

4.

There shall be no more than one device for every 50 square feet of area specifically designed for such use (excluding areas used for other principal and accessory uses) with the total number of devices in the designated area not to exceed 125. The number of devices allowed shall not exceed the occupancy requirements of the Shelby Township Fire Marshal.

5.

Such use shall be conducted in accordance with all applicable regulatory ordinances of the Charter Township of Shelby.

A.

Amusement device centers may be allowed in the C-2 linear retail business and C-4 general retail business districts.

B.

Special requirements and conditions.

1.

The site shall not be contiguous to a one-family residential district and shall not be located within 500 feet of the property line or any church, public or parochial school, or playground.

2.

The site shall be so located as to abut a major thoroughfare right-of-way and all ingress and egress to the site shall be directly from said major thoroughfare.

3.

The building, or part thereof, devoted to such use shall be designed and constructed in such a manner that no audible sound may be heard by adjoining tenants or at the lot line.

4.

Such uses shall be conducted in accordance with all applicable regulatory ordinances of the Charter Township of Shelby.

A.

Age-restricted adult housing may be permitted as special land uses in the R-1-B and R-1-C one-family residential districts, R-2 two-family residential districts, R-3 through R-12 multiple-family low-rise districts, and HMR high and mid-rise districts according to the following table (x designates district in which use may be permitted). (These regulations shall not be applied to state licensed residential facilities, child care facilities or nursing homes as regulated elsewhere in this ordinance.)

B.

Yard and placement requirements.

1.

Front yard. The same as the district in which the site is located.

2.

Rear yard: Fifty feet.

3.

Side yard: Thirty-five feet.

C.

Specific requirements and conditions:

1.

The density of development shall not exceed twice the number of units allowed in the applicable single-family and multiple family zoning district.

2.

The proposed site shall have at least one property line abutting a major thoroughfare as identified on the township's adopted master plan with an existing or planned right-of-way of at least 120 feet.

3.

The proposed site shall have at least one property line, apart from its thoroughfare frontage, in common with land which is developed, zoned or otherwise committed for use other than for the construction of one-family residential dwellings, or shall be at a major thoroughfare intersection location where land directly across the thoroughfare(s) is zoned for non-residential purposes.

4.

Design and architectural character.

a.

Building massing and style shall be distinctively residential in character, and such facilities shall be so designed architecturally as to reflect the predominant architectural character of adjacent residential areas.

b.

Design of the facade shall be highly detailed and articulated to be compatible in scale and sensitivity to the residential uses of the development.

D.

Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

E.

Evaluation criteria. In considering plans submitted under this section, the Planning Commission and Township Board shall take into consideration the public health, safety and general welfare, and the comfort and convenience of the public in general and the residents of the adjacent neighborhood in particular, and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this ordinance and particularly in regard to achieving:

1.

Maximum safety of traffic access and egress and sufficient parking areas to provide for adequate off-street parking.

2.

Reasonable screening of all parking areas, service areas, and multiple-family housing developments from the view of adjacent one-family residential properties.

3.

Compatibility of the buildings and all related signs and structures to the aesthetic character of the area, as determined by consideration of architecture and building style, scale, and placement.

(Amend. of 7-7-2009; Ord. No. 212.89, 9-4-2012)

A.

Auditoriums, stadiums and outdoor theaters may be allowed only in the HM heavy manufacturing district, except auditoriums which are allowed in the C-5 multi-use district as a permitted use.

B.

Specific requirements and conditions.

1.

Viewing screens and/or stages must be so located as to avoid distracting passing motorists on the streets and highways adjoining the site.

2.

Each site shall have at least one separate entrance and one separate exit, which shall be separated from one another.

3.

The width and design of all site entrances and exits shall meet the requirements of the township engineer, the Macomb County Road Commission and Michigan Department of Transportation. The township board may require the submission of a traffic study for the site.

C.

Vehicle ticket windows. If vehicle ticket windows are provided, they shall be made available in the ratio of one such window for each 250 cars of parking space capacity.

D.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

Editor's note— Ord. No. 212.92, adopted May 20, 2014, deleted § 13.07, which pertained to automobile repair and service centers and derived from Ord. No. 212.59, adopted Aug. 18, 2005.

A.

Automobile washing facilities, either automatic or self-service, may be allowed in the C-2 linear retail and C-4 general business district.

B.

Vehicular ingress and egress from the site shall be directly onto a major or secondary thoroughfare as designated on the Charter Township of Shelby Master Plan.

C.

All vehicles waiting or standing to enter the facility shall be provided adequate off-street waiting spaces, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach. Stacking spaces and a drying lane shall be provided as specified in section 6.02.5.A., B., C.

D.

Car wash sites shall have a minimum lot area of 1½ acres.

Editor's note— Ord. No. 212.59, adopted Aug. 18, 2005, deleted § 13.09 in its entirety. Former § 13.09 pertained to bulk storage of flammable liquids, liquefied petroleum gases and explosives above the ground and derived from Ord. No. 212, adopted Sept. 19, 1997.

A.

Businesses of a drive-in nature, but not including outdoor theaters, may be allowed in the C-4 general business district.

B.

Specific requirements and conditions.

1.

All buildings shall observe the front or street-side setbacks, as specified in section 10.60.C., area, height and placement requirements, plus 25 feet.

2.

Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.

3.

All vehicular circulation areas shall be provided with a permanent, durable and dustless surface constructed of either asphalt or concrete, as required by section 6.03.6. The site shall be landscaped and maintained, as specified by section 5.03.

4.

Devices for the transmission or broadcasting of voices shall be so directed or muffled as to prevent said sounds or music from being audible beyond the boundaries of the site.

5.

All driveway approaches, road drainage, curbs and curb-cuts shall meet the requirements of the Charter Township of Shelby or of other agencies having jurisdiction thereof.

6.

All adjacent side yards shall be zoned for business use.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

Editor's note— Ord. No. 212.59, adopted Aug. 18, 2005, deleted § 13.11 in its entirety. Former § 13.11 pertained to carry-out restaurants (excluding drive-thru facilities) and derived from Ord. No. 212, adopted Sept. 19, 1997.

A.

Cemeteries and crematoriums may be allowed in all one-family residential zoning districts. Existing cemeteries may also be allowed in any zoning district subject to the standards contained herein.

B.

Specific requirements and conditions.

1.

That portion of the site abutting a public road shall observe a front yard setback applicable to the zoning district within which the site is located. The entire width of the front yard setback shall be landscaped. No other site improvements shall be located within the front yard setback. Decorative fencing or a decorative masonry wall may be allowed within the front yard setback, provided that it is an integral part of the landscaping plan and entrance design for the site. Such fence or wall shall be substantially compatible and harmonious with existing adjacent types of installations.

2.

Suitable gates for ingress and egress shall be provided, and the principal entrance shall not be closer than 200 feet to an adjoining residential site.

3.

The need for additional perimeter fencing or screening shall be evaluated by the planning commission, taking into consideration the internal arrangement of site development features and activity areas and the development characteristics of surrounding parcels. Any other perimeter fencing or screening shall meet the applicable requirements of this ordinance and any other township ordinances.

4.

No building shall be erected closer than 200 feet to an adjacent property line, nor [shall] such building cover more than ten percent of the site on which it is to be constructed.

5.

Any such use shall not be permitted in a floodplain as defined under article 12 of this ordinance.

6.

The applicant shall show with reasonable certainty that the elevations of the site when finished will provide adequate drainage.

7.

The applicant shall show with reasonable certainty that the use will not result in a nuisance for any reason, including noise, vibration, odor, etc.

8.

The proposed roads and parking areas shall be adequate for the use, and shall be paved with asphalt or concrete and drained. The number of parking spaces shall be determined by the township board based on the number of employees and capacity of any proposed assembly areas located on site. Service drives may be used for temporary parking.

9.

The greenbelt and wall (fence included) shall be maintained as required under section 5.01 of this ordinance, and the township may require a bond for the installation as set forth under section 3.13 and section 7.03.4.

10.

Minimum cemetery site shall be ten acres. Where a state law specifically permits a smaller size, or sets a maximum size less than ten acres, this regulation shall not apply to an addition to the site of a use existing at the time of adoption of this resolution.

11.

Cemeteries may be allowed to include an area for the burial of pets, subject to the review and approval of the Macomb County Health Department or any other applicable review agency.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Churches and private/parochial schools may be allowed in all residential, office and commercial districts.

B.

Site requirements.

1.

Minimum site shall be two acres on a continuous parcel.

2.

The site shall abut a public road having a right-of-way of not less than that of a secondary thoroughfare (86 feet) or the proposed right-of-way of a major thoroughfare on the township's thoroughfare plan.

C.

Yard and placement requirements.

1.

Front and rear yard: Fifty feet minimum.

2.

Side yard: Twenty feet minimum.

3.

Maximum lot coverage: Same as for the district in which the use is requested.

4.

Building may exceed the required building height for the applicable zoning district in which the site is located, provided that the required front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum allowable height. The maximum height of the steeple shall not exceed 60 feet. The additional setback requirements referenced above shall not apply to the steeple, provided that it is a single architectural element and not incorporated into the mass of the building.

D.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Cluster housing may be allowed in all one-family residential districts.

B.

Intent. The intent of this section is to provide an alternative means of development within all one-family residential districts with properties which possess certain physical and functional characteristics. These alternatives may permit modification(s) to the development standards as set forth in section 11.02. Utilization of this concept shall involve properties which front a major or secondary thoroughfare and shall not serve to preclude a normal continuity of interior local residential streets and/or utility arrangements.

C.

Qualification requirements. In order to qualify a parcel for development under this section, the planning commission shall determine that the parcel has at least one of the following characteristics, supported by documented evidence as required below, prepared by a registered architect, professional community [township] planner, landscape architect, engineer or similar professional in environmental design:

1.

The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water (i.e., streams, rivers or other natural assets) which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.

2.

The parcel contains substantial portions of floodplain and wetlands worthy of preserving. A floodplain and wetlands map, certifiable by the appropriate federal, state or county agency, indicating the extent of the wetlands and floodplain area, shall be submitted to the planning commission in order to support the proposal for the parcel's qualification for cluster development.

3.

The parcel has an unusual shape and configuration which limits a conventional subdivision development.

4.

A substantial part of the parcel's perimeter is bordered by a major or secondary thoroughfare which would result in a substantial proportion of the lots in a conventional subdivision development abutting the thoroughfare, and subject to disturbance by vehicular traffic, noise and lights.

5.

The adjoining or adjacent land uses warrant a creative development alternative to facilitate a smooth transition between uses.

6.

A substantial portion of the parcel is characterized by poor soil conditions resulting from landfill activities. A detailed map of the parcel, identifying that area where poor soil conditions exist, shall be presented along with soil borings documenting the same.

All requests for the cluster housing option shall be evaluated in relation to existing and potential development in the area and the reasonableness of the request from the standpoint of established and accepted principles of land use planning. Developers who plat or divide secondary thoroughfares with the intent of seeking the cluster housing option shall submit such plats and/or divisions to the planning commission for review and discussion prior to completing such land divisions.

D.

Density calculations. All calculations of density shall be based upon the maximum number of dwelling units per net acre (minus roads) as normally allowed for each district. Total density shall be no greater than if the site were subdivided applying conventional development standards. To establish the maximum number of units, the applicant shall be required to submit a preliminary design plan identifying the number of units that the site could yield if plated in the conventional manner.

E.

Development standards - cluster lot subdivisions:

1.

The lot area requirements of the applicable zoning district may be reduced by not more than 20 percent. Lot width may be reduced by no more than ten percent.

2.

Front, side and rear yard setbacks shall be maintained as per the requirements of the applicable zoning district. Modifications of the required yard setbacks may be permitted, subject to the following standards:

a.

Rear yards may be reduced to one-half the required yard setbacks when the border land is dedicated as common open space.

b.

Required side yard setbacks may be reduced, subject to the submission of building floor plans and elevations illustrating the relationship between buildings, and provided that each unit has sufficient outdoor living space and that adequate privacy is provided for each unit.

3.

All units shall be arranged in clusters with common open space arranged to be accessible to as many units as possible.

4.

For each square foot of land gained under the above standard, an equal amount of land shall be dedicated to the common use of the lot owners in the subdivision in a manner approved by the township.

5.

Lands used for enclosed or unenclosed drains owned as part of lands proposed to be subdivided may be credited as open space under this section, provided such dedication does not exceed 50 percent of open space credit and the requirements of this section are met.

6.

The area to be dedicated for either public park or subdivision recreation purposes only shall be in a location and shape approved by the planning commission in reviewing the proposed subdivision plat. Said land shall be so graded and developed as to have proper natural drainage.

7.

Under this cluster approach, the developer or subdivider shall dedicate the total park area at the time of filing the final plat on all or any portion of the plat, unless otherwise agreed to by the township. Open space may be reserved for the private use of the subdivision, provided that the development and maintenance of the park is provided for to the satisfaction of the township.

8.

Where the open space is dedicated to the land owners or their representatives, such park areas shall be maintained by the same. In the event of a default in maintenance, the lots in the subdivision shall be assessed equally as a tax lien to provide necessary maintenance.

F.

Modification of lot or building placement standards. In reviewing plans for the cluster development option, the planning commission may permit slight deviations from the lot or building placement standards referenced above, provided that the proposed plan complies with the spirit and intent of providing individuality, privacy and functional open space for each unit and the project as a whole. In no case shall these deviations result in an increase in density as calculated in section 13.14.D.

G.

Review and approval procedures.

1.

In order to achieve greater understanding between the township and the developer, it is suggested that a preliminary discussion of a potential project be requested prior to the preparation of a detailed site plan. Such a review should include a statement of how the developer feels the project qualifies under the preceding requirements and an explanation of the development concepts being proposed.

2.

Based upon the review and discussion of these items, the planning commission will be able to provide a preliminary indication as to whether they feel the project will qualify. A preliminary indication by the planning commission that the project may qualify does not assure final approval of the site plan. It does, however, provide the applicant with an indication of the planning commission's position on the matter.

3.

All applications shall be accompanied by a written statement and explanation by the applicant as to how the proposed project complies with the qualification requirements for a cluster project.

4.

Cluster lot subdivisions shall conform to the submission requirements for tentative preliminary plat approval as specified in the Charter Township of Shelby Subdivision Ordinance.

5.

Cluster developments with attached units shall be accompanied by a site plan meeting all applicable requirements of section 7.02.

A.

Colleges, universities and similar institutions may be allowed in the R-12, HMR and O-2 districts.

B.

Specific requirements and conditions.

1.

Any use permitted herein shall be developed on sites of at least 15 acres in area.

2.

All ingress to and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the master plan.

3.

No building shall be closer than 50 feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes.

4.

The site shall consist of a minimum area of 400 square feet per pupil.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Municipal or commercial composting operations for leaves and grass may be allowed as a special land use in the HM heavy manufacturing district, subject to compliance with the following standards:

B.

Site requirements.

1.

The minimum site shall be 20 acres.

2.

A minimum area of one acre shall be provided for each 4,000 cubic yards of organic material to be composted. This requirement shall only apply to that portion of the site used for the storage or processing of yard wastes. Additional space shall also be provided to accommodate required setbacks, office storage and service buildings, internal roads, storm water retention basins, and other ancillary support activities.

3.

All ingress and egress shall be to a paved road designated as a major thoroughfare on the Charter Township of Shelby Master Plan.

4.

All internal access roads leading to the compost processing and staging area shall be paved with a concrete surface, with a minimum width of 24 feet. All other vehicle circulation areas shall have a dust-free surface area meeting the requirements of the township engineer.

5.

Only typical yard waste, defined in this ordinance as compostable material, shall be composted or stored on site.

C.

Application requirements (may be shown on the site plan or as an addendum to the plan).

1.

A site plan meeting the requirements of section 7.02.

2.

Name, address and telephone number of the person, firm or corporation who or which will be conducting the actual composting operation.

3.

Types of materials to be composted.

4.

Types and number of equipment used (i.e., shredders, front-end loaders, windrow turning machine, screening and shakers).

5.

Location and sizes of staging area, windrows, curing area, screening area, finished product, shipping and loading.

6.

Location and dimensions of office, control booths, maintenance and storage buildings. Plans shall show the location of all fuel storage facilities and shall detail all primary and secondary containment for all hazardous materials.

7.

Location, numbers, types and cross-sections for landscaping, screening, berms and buffers.

8.

Location of any adjacent wetland or floodplain.

9.

On-site topography with elevations or contours not greater than two feet. The site shall be graded in such a fashion as to eliminate all ponding and have a uniform gradient of between two and three percent.

10.

A site drainage plan addressing the method of storm water runoff shall be provided for review and approval by the township engineer. Ponded water shall not be permitted to collect on site. The need for any on-site retention shall be considered by the township engineer and shall be designed to the standards of the township engineer.

11.

Site soil classifications to a depth of at least three feet below final contour elevations and depth of water table.

12.

Water source.

13.

Personnel, number and classifications.

D.

Ground and surface water quality.

1.

Composting operations shall not be permitted within any designated 100-year floodplain or within 200 feet of a designated wetland. Composting operations shall also be set back from surface waters, including inland rivers, ponds, water courses and County drains at a distance of at least 500 feet. This provision shall not apply to any on-site settling basins or retention ponds. Approval from the Macomb County Health Department and the designated agent responsible for the enforcement of the Soil Erosion Control Act shall be required, ensuring the stream is adequately protected from pollution.

2.

A composting facility shall not be allowed in any protected wetland, as determined by the Michigan Department of Natural Resources (MDNR) or Michigan Department of Environmental Quality (DEQ). A wetland determination shall be made by the MDNR/DEQ prior to site plan review.

3.

The site shall be compacted, graded and/or ditched to prevent contaminants from exiting to site via surface or groundwater. The adequacy of site drainage characteristics shall be reviewed by the township engineer.

4.

Sanitary facilities shall be provided in accordance with the requirements of the township, Macomb County Health Department or State of Michigan.

5.

To ensure that ground or surface waters are not contaminated, monitoring wells shall be installed by the owner/operator and/or lessee on site prior to construction of the composting facility in accordance with MDNR/DEQ standards. The number and location of said wells shall be subject to the requirements of the township engineer.

6.

The surface and groundwater at a composting facility shall comply with the water quality requirements of any applicable state law, including part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq., MSA 13A.3101 et seq.).

7.

Sampling of groundwater monitoring wells must start before operations begin, continue quarterly during the active life of operations, and quarterly for a two-year period after operations cease. The monitoring shall be done under the supervision of the MDNR/DEQ. All costs for such monitoring shall be borne by owner/operator and/or lessee.

8.

Should test wells reveal the presence of contamination, the petitioner shall provide a remediation system plan and shall be further required to install a groundwater remediation system. The system shall be based on one of the following:

(a)

Purge well system, in which water is pumped at a sufficient volume to capture contaminated groundwater by creating a cone of influence.

(b)

Cutoff trench system, in which the trench intercepts contaminated groundwater.

9.

Either system shall be installed to MDNR/DEQ specifications. Contaminated water collected by either system shall be treated in accordance with MDNR/DEQ specification to remove contaminants before discharge to a storm or sanitary system. Periodic monitoring of the system shall also conform to MDNR/DEQ specifications. All costs associated with these procedures shall be borne by the owner/operator and/or lessee.

10.

Surface water monitoring shall also be required in addition to groundwater monitoring to assess the adequacy of leachate containment and runoff control. Such monitoring shall be required quarterly. The monitoring shall be done by a professional acceptable to the township. All costs for such monitoring shall be borne by the owner/operator and/or lessee.

11.

Analysis for all ground and surface water monitoring events shall be submitted to the health department within 60 days after analysis.

12.

Soil characteristics shall be reviewed by the township engineer to determine their suitability for the proposed composting operation, taking into consideration the probability of standing water, the depth of the water table, and the ability of the soils to accommodate heavy equipment, among other factors.

E.

Operational requirements. The applicant shall submit an operational plan describing how the composting operation shall be conducted. The operational plan shall address each of the following items:

1.

Applicant's description of experience in management of composting facilities, including names, addresses and phone numbers of current and historical operations.

2.

A description of the staff required to operate the site and staff responsibilities.

3.

A description of the volume or weight by type of materials (composting, bulking, etc.) to be received, processed and removed from the site.

4.

The number of vehicles entering the site each day.

5.

List of end product users.

6.

The projected capacity of the facility, including all material processed on site. Targeted quantities to be processed, incoming and outgoing.

7.

A statement on the population intended to be serviced by the facility (where will the compostable material be received from, evidence of contracts shall be included) and how this material will be brought to the site.

8.

Types of materials to be composted and what form it will be accepted in. Procedures for monitoring incoming and outgoing material, controlling the disposal or refusal of unacceptable materials.

9.

Method of composting to be used (sheet composting is prohibited).

10.

Types and number of equipment used (i.e., shredders, front-end loaders, windrow turning machine, screening and shakers, etc.).

11.

The location type, size and proposed contents of all fuel storage facilities and detail on primary and secondary containment systems for all hazardous materials stored on site.

12.

An outline of the operational cycle and timetable beginning with acceptance of material on-site to the disposal of the final product. This outline shall include plans for the pre-processing or staging of material (i.e., chipping, mixing materials, windrow formation, material layering, watering), the compost activity (i.e., windrow turning, monitoring moisture content and temperature, windrow combining, curing and finishing, including screening), and the distribution of the final product.

13.

Operational details shall be stated, including the hours of operation and days of the week that the facility will be open throughout the year.

14.

List of the chemicals or accelerating agents to be used, including bacteria, fungi or nitrogen. Include established guidelines for use and storage of these agents. Secondary containment shall be required.

15.

A statement on the methods to be used to monitor and ensure protection of the environment (odor, dust, noise, blowing trash, anaerobic problems, methane production). This shall include an outline of the necessary steps which will be taken to reverse a breakdown in the composting system or pollution problem.

16.

Plans for the disposition of nonmarketable compost.

17.

Shall include a plan for the disposition of the final products. This plan shall encompass targeted users, projected quantities to be produced and distributed, and the manner of distribution and sales (i.e., retail, individual bags, truckloads or wholesale).

F.

Area, height and placement requirements.

1.

Front yard setbacks. Buildings, parking lots and all composting activities shall be set back not less than 150 feet from the centerline of any abutting road. The entire frontage of the site shall be landscaped. The landscaping shall be sufficient to screen the view of composting from the road.

2.

Side and rear. No composted material, stockpiling or processing shall be located closer than 100 feet from side or rear property lines.

3.

Height. The height of any composted material (windrows or stockpiling) shall be limited to eight feet.

4.

Distance to housing. No stockpiling, storage, transfer, loading or unloading, processing, windrows or composting shall take place within 1,000 feet of an existing residential dwelling unit. This setback may be increased if needed to minimize nuisances created for abutting residentially zoned parcels due to the direction of prevailing winds. Whenever a composting site abuts residentially zoned property, deodorizing agents shall be applied to compost materials to minimize any offensive odors.

G.

Other requirements.

1.

Screening. That portion of the site used for composting or stockpiling, which is visible from the street or an adjacent residence or located adjacent to property zoned for residential or agricultural purposes, shall be enclosed and screened, as determined by the township board and meeting the requirements of section 5.01.

2.

Trash receptacles. Adequate trash receptacles shall be provided and shall be completely obscured from view by a screen fence or wall.

3.

Signs. All site signage shall comply with the applicable requirements of the HM heavy manufacturing district, as specified in section 5.05.

4.

Parking. A minimum of three off-street parking spaces shall be provided and shall be laid out in such a way that they can be safely and conveniently used. The township board shall determine the number of additional parking spaces necessary based on the number of employees and the anticipated traffic that will be generated as proposed in the applicant's site plan and operational plan.

5.

Performance guarantees. The township board shall require and establish the amount of any performance guarantees, such as bonds or letters of credit, to assure zoning and special approval compliance; to correct breakdowns in the composting system; and to guarantee restoration in the event of abandonment, hazardous waste or other environmental pollution.

6.

Approvals. The applicant shall provide letters from Macomb County and the State Department of Natural Resources (DNR)/DEQ that this operation, based on the proposed site plan:

(a)

is consistent with the Macomb County Solid Waste Plan; and

(b)

that the state DNR/DEQ waste management division has reviewed such plan and is not aware of any problems and does not have any environmental concerns from the proposed operation.

All site improvements shall be constructed and approved by the applicable local, state or federal approval agency prior to the delivery of material to the site for composting purposes.

7.

Annual operational permit. All composting facilities and operations regulated by this ordinance shall be subject to an annual operational permit issued by the township board. Any violation of this ordinance or any other appropriate state, county or local regulation, or noncompliance with the conditions of the special land use approval, shall be grounds for the denial of an operational permit or its renewal. Renewal of an annual operational permit shall not be given without receipt of a letter of compliance from the Michigan Department of Natural Resources Waste Management Division and the county health department and compliance with and receipt of a performance guarantee as required in this section.

8.

Inspection. An annual summer inspection for rodents, or one required upon a signed complaint of sighting, shall be performed by a licensed pest control company. Copies of the report shall be transmitted to the township. If rodents are detected, appropriate measures shall be taken to capture or exterminate the rodents in an environmentally safe manner.

A.

Convalescent and nursing homes and skilled nursing facilities may be allowed in the R-3 through R-12 multiple-family residential districts, the HMR high and mid-rise district, and the O-2 service office district.

B.

Specific requirements and conditions.

1.

All such facilities shall have ingress and egress from a site directly onto a major or secondary thoroughfare having an existing or planned right-of-way of at least 86 feet, as indicated in the master plan.

2.

All such facilities shall be developed only on sites consisting of at least five acres in area.

3.

There shall be provided at least 1,000 square feet of lot area per bed.

4.

No building on the site shall exceed 35 feet in height, or two stories.

5.

Licensing shall be in accordance with the State of Michigan and/or appropriate authority or jurisdiction.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

(Amend. of 7-7-2009)

A.

Detached one-family planned projects may be allowed in the R-3 thru R-12 multiple-family residential districts.

B.

Specific conditions and requirements.

1.

In order to gain approval under this section, the site plan must demonstrate innovative placement of units in an other than customary subdivision-type arrangement.

2.

All dwelling units shall observe the following minimum internal yard setbacks:

(a)

Front: Twenty-five feet to the edge of any internal road.

(b)

Side: Twelve feet between units.

(c)

Rear: Sixty-five feet (measured from the rear building to the rear of the opposite building). No deck or attached structure shall encroach into this setback. When decks are provided, this setback shall be increased by an additional 25 feet.

3.

All dwelling units shall observe the following minimum perimeter yard setbacks:

(a)

Front: As required in the applicable R-3 thru R-12 districts (section 9.40.C.11.(a)).

(b)

All other perimeter yards: As required in the applicable R-3 thru R-12 districts (section 9.40.C.11.(b)).

4.

Building height (maximum):

(a)

In stories: Two.

(b)

In feet: Thirty-five.

5.

Building floor plans (including attached decks or patios) and elevations for typical units shall be provided. A block-front streetscape plan shall also be provided, illustrating the front building elevations for a typical block.

6.

A landscaping plan shall be provided, illustrating proposed landscaping improvements for all common areas and typicals for each individual building site.

7.

Each unit shall include an attached two-car garage.

8.

Well-defined and improved common recreation areas shall be provided to meet the anticipated needs of the residents of the development. At a minimum, 400 square feet of open space shall be provided for each dwelling unit.

9.

Sidewalks shall be provided along the frontage of any abutting public road. An internal pedestrian circulation plan, acceptable to the township, shall also be provided.

10.

Detached accessory buildings and perimeter yard fencing are prohibited.

11.

All applications for special land use approval under this section shall be accompanied by a site plan meeting all ordinance requirements and either a preliminary condominium subdivision plan meeting the requirements of section 9.00.H.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

(Ord. No. 212.92, 5-20-2014)

A.

Fast-food restaurants may be allowed in the C-2 linear business district.

B.

Specific requirements and conditions.

1.

The site and use shall be located on a major thoroughfare having a right-of-way equal to, or greater than, 120 feet, as specified by the master plan.

2.

Freestanding fast-food restaurants, if located on or adjacent to a shopping center site, shall be limited to shopping centers which contain floor area in excess of 100,000.

3.

Adequate ingress and egress to handle the traffic anticipated to be generated by the use shall be provided.

4.

Any freestanding fast-food restaurant located in a shopping center shall be aesthetically compatible in design and appearance with the other buildings and uses located in the shopping center. In making this determination, the township board shall consider the architectural design of the building, the signage and the landscaping to ensure that the design and appearance of the developed fast-food restaurant site is compatible with the design and appearance of the remainder of the shopping center.

5.

Drive-thru service shall be permitted only if the fast-food restaurant is located in a freestanding building and a satisfactory traffic pattern for the drive-thru lane can be established to prevent traffic congestion and the impairment of vehicular circulation for the remainder of the development. Vehicle stacking lanes shall not cross any maneuvering lanes, drives or sidewalks.

6.

Devices and controls adequate to ensure that no smoke, odor or gases are emitted so as to constitute a nuisance to adjoining tenants or to the public shall be provided.

7.

Devices for electronically amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line.

8.

The use shall comply with all other applicable code provisions and ordinances of the Charter Township of Shelby.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Funeral homes and mortuaries, not including crematoriums, may be allowed in the C-1 and C-2 commercial districts and the O-1 and O-2 office districts.

B.

Specific requirements and conditions.

1.

Sufficient off-street automobile parking and assembly area shall be provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to any required off-street parking area. A circulation plan identifying the arrangement of the vehicular assembly area shall be provided as part of the required site plan.

2.

The site shall be located so as to have one property line abutting a major thoroughfare of at least 120 feet of right-of-way, existing or proposed.

3.

Adequate ingress and egress shall be provided to said major thoroughfare.

4.

No building shall be located closer than 50 feet to the outer perimeter (property line) of the district when said property line abuts any single-family residential district.

5.

Loading and unloading area used by ambulances, hearses or other such service vehicles shall be obscured from all residential view. No outside loading shall be permitted.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Gasoline self-service stations, with or without repair, may be allowed in the C-2 linear retail business district. Gasoline self-service stations may also be allowed on sites were they have existed as a lawful nonconforming use subject to the conditions contained in this section.

B.

Specific requirements and conditions.

1.

The site for the gasoline self-service station shall have 150 feet of frontage on the principal street serving the station.

2.

The site shall contain an area of not less than 21,000 square feet.

3.

All buildings shall observe front or street-side setbacks, as specified in the zoning district in which they are located. Canopies and pump islands may encroach into the front yard setbacks provided adequate maneuvering aisle are provided to accommodate vehicle access. A clear and unobstructed access area shall be provided to pump islands and gasoline unloading areas which do not conflict with other vehicular circulation patterns on the site.

4.

Curbs, curb-cuts, driveway widths [and] acceleration or deceleration lanes shall meet the requirements of the Charter Township of Shelby or other agencies having jurisdiction thereof and the following standards:

a.

Driveway design and placement must be in harmony with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during a normal peak traffic period.

b.

There must be sufficient on-site storage to accommodate at least two queued vehicles waiting to enter or exit without using a portion of the public right-of-way obstructing existing vehicle sight distance, or otherwise interfering with street traffic.

c.

Driveways shall be designed to accommodate all vehicle types having occasion to enter and exit the site, including delivery and refueling vehicles. There shall be clear delineation and/or separation, where appropriate, of entry and exit lanes within driveways.

d.

Loading and unloading and refueling activities shall not hinder vehicle ingress or egress.

5.

Reserved.

6.

No outdoor storage or merchandising shall be allowed on site except accessory propane tanks permitted in section 10.00.L and ice chests.

7.

Reserved.

8.

Canopies shall have a minimum height of 14 feet and shall be located to ensure clearance for and access to the site by fire-fighting equipment. Canopy structures shall be designed and constructed in a manner that is architecturally compatible with the principal building. The canopy structure shall be attached and made an integral part of the principal building. The planning commission may approve an alternate design where it can be demonstrated that the design of the building and canopy in combination would be more functional and aesthetically pleasing if the canopy was not physically attached to the principal building.

Support columns of any proposed canopy structure shall be covered with brick or similar durable material that is compatible with the principal building.

Required fire protection devices under the canopy shall be architecturally screened so that the tanks are not directly visible from the street. The screens shall be compatible with the design and color of the canopy.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

(Ord. No. 212.85, 3-15-2011)

Editor's note— Ord. No. 212.85, adopted Mar. 15, 2011, deleted § 13.22 which pertained to gasoline self-service stations (only on sites where a gasoline service station has existed as a lawful nonconforming use), and derived from Ord. No. 212.71, adopted Sept. 3, 2007.

Editor's note— Ord. No. 212.85, adopted Mar. 15, 2011, deleted § 13.23 which pertained to gasoline self-service stations with repair, and derived from Ord. No. 212.71, adopted Sept. 3, 2007.

A.

General hospitals, emergency care treatment centers and similar outpatient treatment facilities may be allowed in all multiple-family residential districts, including the HMR High and mid-rise districts, the O-2 service office district.

B.

Specific requirements and conditions.

1.

All such hospitals shall be developed only on sites consisting of at least ten acres in area and providing a minimum of 1,500 square feet of lot area per bed.

2.

All ingress and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the master plan.

3.

Ambulance delivery and service areas, when visible from adjacent land zoned for residential purposes, shall be obscured from view by a wall at least six feet in height or other appropriate screening option specified in section 5.01.

4.

The minimum distance between any structure and a property line shall be 75 feet.

5.

Maximum lot coverage shall not exceed 30 percent.

6.

Site requirements. If a use is proposed under this section in any residential district, the structure must be located either on a major thoroughfare or on the boundary line of the residential district and some other zoning district.

(a)

Size. No hospital shall be permitted unless its size is at least 50 in-patient beds.

(b)

Licensing. All applicants for a use under this section shall show evidence of procurement of a license to operate a hospital under the Statutes of the State of Michigan and the regulations of any administrative agency required thereby.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Golf courses may be allowed in all residential zoning districts.

B.

Minimum site requirements.

1.

Nine-hole courses — not less than 60 acres.

Eighteen-hole courses — not less than 130 acres.

These standards may be reduced for golf courses developed as part of a residential community [township]. Additional space may be required to accommodate other ancillary site features, including clubhouse, parking, practice range and maintenance facilities.

C.

Location of structures.

1.

Any structures to be erected on the site shall be set back a minimum of 100 feet from any adjoining property site line. Swimming pools shall observe a minimum setback of 200 feet.

2.

Tees, greens and cart paths shall be set back a minimum of 50 feet from all abutting property lines of residentially zoned sites.

3.

Maintenance yards and buildings shall be set back at least 100 feet from any abutting single-family zoned site and screened from adjoining property as specified in section 5.01.

4.

All parking shall be set back at least 100 feet from any abutting residentially zoned property.

D.

Accessory uses. Any accessory use and all of the facilities therefor which are customary and incidental to the normal golf course operation shall be permitted. Such accessory uses shall include, but not necessarily be limited to:

1.

Swimming, tennis and lounging.

2.

Sale and consumption of food and alcoholic beverages on the premises.

3.

Sale and rental of golfing supplies and equipment.

4.

Golf domes, provided that the dome is set back from any adjoining residential property lines a distance of 2½ times the height of the dome.

E.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Group child care homes shall be issued a special land use permit if the group child care home meets all of the following standards:

1.

The proposed use shall not be located closer than 1,500 feet to any of the following facilities, as measured along a street, road or other thoroughfare, excluding an alley:

a.

Another licensed group child care home.

b.

An adult foster care small group home or large group home, licensed by the State of Michigan.

c.

A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed by the State of Michigan.

d.

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population, under the jurisdiction of the Department of Corrections.

2.

Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

a.

On-site parking shall be provided for all employees, in addition to the required off-street parking for the residence. No off-street parking shall be permitted in the required front yard space.

b.

Fencing shall be required next to residential uses or districts in accordance with section 9.00.D and enclose all outdoor play areas. Screening may also be required as specified in section 5.01.

3.

The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day-care home shall not require the modification of the exterior of the dwelling nor the location of any equipment in the front yard.

4.

Operating hours shall not exceed 16 hours during any 24-hour period. The township may limit but not prohibit activity between the hours of 10:00 p.m. and 6:00 a.m.

B.

Inspection. The proposed use, if approved, shall be inspected by the building department [planning director] [planning and zoning coordinator] for compliance with these standards prior to occupancy and at least once each year thereafter within ten days of the anniversary of the certificate of occupancy. Fees for such inspection shall be established by the township board.

(Amend. of 7-7-2009)

Editor's note— Ord. No. 212.92, adopted May 20, 2014, deleted § 13.27, which pertained to high-rise local convenience and service establishments. Section 13.27 bore no history note.

Editor's note— An amendment adopted July 7, 2009, redesignated § 13.28 as § 3.46. Former § 13.28 pertained to home occupations.

Editor's note— An amended adopted July 7, 2009, deleted § 13.29. Former § 13.29 pertained to housing for the elderly and senior citizens housing.

A.

Junk yards, auto wrecking yards and storage of industrial wastes may be allowed only in the HM heavy manufacturing districts.

B.

Specific requirements and conditions.

1.

Such use shall be completely enclosed by a masonry or pre-cast concrete wall not less than eight feet in height.

2.

Minimum setback requirements. The wall required in subparagraph 1. above shall be set back not less than 75 feet from the front site line, as specified in section 11.30.C.2.a.

3.

The area line between the front wall and the front site line shall be completely landscaped and maintained with grass or coniferous trees or shrubs or a combination thereof.

4.

No retail sales or storage shall be in the required front yard setback.

5.

Portions of the site used for the delivery of vehicles shall be screened from view of the road or surrounding parcels.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

1.

Parking shall be permitted only within the fenced enclosure.

A.

A landfill operation may be allowed only in the HM heavy manufacturing zoning district. All fill operations shall be only allowed subject to the provisions of this ordinance, and subject further to the satisfactory preparation of a reclamation plan indicating the use of the land for an approved specific use permitted within the applicable zoning district.

B.

Specific requirements and conditions.

1.

Earth landfills may be permitted in any zoning district but subject to all other laws and ordinances pertaining thereto, provided such shall not be permitted in any floodplain zone, except under terms and conditions of all other laws and ordinances pertaining thereto.

2.

In passing upon an application for the location of a landfill, the township board must be satisfied that the proposed use would not be detrimental to other proposed land uses in the area, adversely affect property values, and can be conducted with a minimum impact upon traffic patterns and adjacent uses all in accordance with the standards of this article.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A mining or extraction operation may be allowed in the LM and HM manufacturing zoning districts. All extraction operations shall be only allowed subject to the provisions of this ordinance and subject, further, to the satisfactory preparation of the land for an approved specific land use permitted within the applicable zoning district.

A.

A quarry conducted as a pit operation shall not be permitted in a residential district, except as part of a program for the development and improvement of the site for residential use. Such use shall be subject to preparation of a preliminary plat of the site in its proposed finished condition after the termination of the pit operation has been approved by all the various state, county, and local agencies having jurisdiction over plats. All approvals shall be dated not longer than six months prior to the date of submission of the application for a pit-operated quarry. Performance bonds required under this ordinance, plat laws and local ordinances shall be provided.

B.

Nothing in this ordinance shall be construed or interpreted to prohibit the necessary on-site preparation of land by the balancing or excavation thereof in connection with any immediate lawful use including, but not necessarily limited to, the development of land for which a building permit has been issued; provided, however, that such balancing, earth removal, or excavation shall comply with all other laws and ordinances pertaining thereto.

Whenever a mining or excavation operation results in the stockpiling of soil for more than 30 days, the stockpiled material shall be seeded to prevent nuisances for adjoining sites caused by erosion or dust.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

When passing upon the application for the location of a mining and/or extractive operation, the township board must be satisfied that sufficient material to be mined or extracted exists on the site in question to justify such operation, and that such use would not be detrimental provided by the standards set forth in this article. The application shall also provide information specifying the impact that the operation would have on the water table. This ordinance concerns only the location of mining and extractive industry operations, licensing and operational regulations being controlled by the Charter Township of Shelby Code of Ordinances.

A.

Nurseries and greenhouses may be allowed in the C-2 linear retail district, C-3 shopping center business district, C-4 general business district, LM light manufacturing district, and HM heavy manufacturing district.

B.

Requirements and conditions.

1.

All such uses shall be located on a paved major road as designated on the Shelby Township Master Plan.

2.

Site and yard requirements shall be as provided for the districts in which the use is located. The township board may establish such conditions as it deems necessary to insure the compatibility of the development with surrounding uses or districts.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Child care centers, nursery schools, and similar uses may be allowed in the R-2 two-family district, multiple-family districts, O-1 professional office district, O-2 service office district, and C-1 local retail business district.

B.

Site requirements. The site shall contain a minimum of 100 square feet of outdoor play area for each child and shall not be less than 5,000 square feet in total. The planning commission may allow for a reduction in the size of the outdoor play area when it is determined that based on the proposed users, the required space will not be necessary, however, in no case shall the outdoor play space be less than 1,200 square feet.

C.

Yard and placement requirements. Front, side and rear yards shall comply with yard restrictions for the particular district [where] they are located.

D.

Environmental provisions and parking requirements.

1.

Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

2.

The use shall be screened from existing or zoned adjacent residential properties, as required in section 5.01.

(Amend. of 7-7-2009)

Editor's note— Ord. No. 212.85, adopted Mar. 15, 2011, deleted § 13.35 which pertained to outdoor sales lots for the sale of second-hand automobiles, new or second-hand recreational vehicles, boats or mobile homes, and derived from Ord. No. 212.71, adopted Sept. 3, 2007.

A.

Outdoor storage may be allowed only in the LM, light manufacturing districts.

B.

Specific requirements and conditions.

1.

Screening requirements. Any such use must be completely enclosed with screening in accordance with the requirements of section 5.01 and subsection 2. below.

2.

Minimum setback requirements. No improvements for such use shall be erected closer to the site boundary lines than permitted in section 11.30.C.2. of the HM, heavy manufacturing district. No storage use shall be closer than 100 feet to the outer perimeter (property lines) of this district where said property lines abut any residential district or border other than a manufacturing district, and such space shall be fully landscaped and fenced at the setback line. Corner lot side yards must equal the setback requirements for the front yard on the street side as referenced herein.

3.

Whenever a different material is to be stored than agreed upon in the original request, a new approval shall be required from the township board.

4.

Uses expressly prohibited under this section include the following:

(a)

Junkyards, including used auto parts.

(b)

Used building materials.

(c)

Storage of loose minerals, including soil, stone, sand, gravel, coal, cinders and similar materials.

(d)

Storage of combustible or odiferous materials.

(e)

Composting or storage of organic material.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

1.

Off-street parking space shall be provided entirely within the screening required herein at a ratio of one parking space for each employee. Additional parking shall also be provided for customers.

A.

Intent and purpose. The intent is to establish planned unit development provisions which permit flexibility in the regulation of land development to allow planned unit developments (PUDs) in all zoning districts which may be affected, subject to the requirements and standards for special land use now existing in each affected district, as well as the uses not otherwise included within a particular zoning district, provided the proposed PUD meets the requirements of this ordinance.

The following planned unit development requirements are designed to accomplish the objectives of the zoning ordinance through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of a project area. Planned unit developments are further intended to achieve the following objectives:

1.

To encourage innovation in land use and variety in design, layout and type of structure constructed.

2.

To achieve economic and efficient uses of land, natural resources, energy and the provision of public services and utilities.

3.

To encourage the provision of useful open space, where appropriate.

4.

To provide better housing, employment and commercial opportunities particularly suited to the needs of the township.

B.

Districts. Planned unit developments may be permitted in all zoning districts except the special districts defined in article 12.

C.

Discretionary authority. The township board, with recommendation from the planning commission, shall have discretionary authority to consider and may modify the applicable minimum requirements of section 13.37.E, as well as the zoning district regulations. Such modifications may include, but not necessarily be limited to, use, arrangement, height setback, lot and building area.

D.

Qualification requirements and application(s) for approval.

1.

Planned unit developments (PUDs) shall be submitted in a two-step process. The initial step shall include a preliminary application and plan in accordance with the following outline. The plan for final approval shall include a public hearing and follow the standards and requirements listed in subsequent subsections. The filing of a preliminary plan will provide an opportunity for the applicant and the planning commission and township board to become generally acquainted with the proposed project and conduct discussions about the features of the proposed PUD. An application for preliminary plan consideration shall comply with and include the following requirements and standards:

a.

The applicant shall submit an understandable plan showing the entire PUD area in a preliminary form and at a clearly understandable scale, indicating proposed land use area(s), their relationship to each other, circulation patterns, and existing site characteristics.

b.

The existing topography shall be depicted at two-foot contour intervals for the PUD area and all nearby areas; if the land is generally flat, grade shots shall be provided at intervals necessary to any grade differential.

c.

A map of the township indicating the PUD area and its relationship to existing roads, streets and use districts with, and immediately adjacent to, the township.

d.

Existing utilities, including storm drain facilities, shall be located and noted.

e.

Preliminary architectural plans for all buildings, including basic building planning and number of units per building, shall be clearly set forth.

f.

Intensity of commercial or industrial uses and number of units by type shall be clearly set forth.

g.

Adequacy of public and private services/infrastructure shall be described.

h.

Existing and proposed land use and development features as they impact neighboring properties.

If the township board agrees that the proposal has merit and has potential to meet the requirements of this ordinance and the applicable PUD requirements contained in this section, an application may be filed for final PUD review in conformance with the requirements of the following subsections. If the township board does not agree with the proposed plan or approach, it shall deny the request at this point and provide the reasons therefore in the board minutes.

2.

An application for final PUD review may be made after the township board has agreed by motion that the preliminary plan has potential to meet the requirements of this ordinance. Upon receipt of an application for final approval, the planning commission shall hold a public hearing. Notice of the public hearing shall be given in accordance with state law. The applicant's presentation at said hearing shall include drawings, exhibits, narratives and draft covenants and agreements identified for reference by letter or number. If the application for final approved complies with the applicable special land use section(s) as set forward in the zoning district(s) being affected, as well as the special land use approval requirements and uses not otherwise included within a particular zoning district are found acceptable, and the township board further finds the following standards to have been met, the application shall be approved.

a.

All applicable provisions of this section shall have been met. If any provision of this section is in direct conflict with the provisions or authority of any other section of this ordinance, the provisions included within this section shall apply to land included within the PUD area.

b.

All minimum requirements pertaining to residential, commercial, institutional, industrial or other uses shall be subject to the requirements of each individual classification hereinafter referenced, except as may be specifically varied by the planning commission and township board, where applicable, in granting and establishing a PUD.

c.

Adequate, well-designed and properly planned areas shall be provided for all walkways, recreation, parking, access, screening and isolation, and other open areas to be used by the public and/or residents of the township.

d.

Adequate sanitary sewer disposal, water supply, and road and other storm water drain systems. Water, sewer and storm drains shall be subject to applicable township standards and ordinances.

e.

Efficient and desirable use of open areas in keeping with the physical character of the township and surrounding areas.

f.

Assurances that areas shown on the plan for use by the public and occupants shall be, or have been, irrevocably committed for that purpose. The township reserves the right to require conveyances or other documents to be placed in escrow.

g.

Assurance of financial support for and maintenance of all improvements indicated on the plan for open space areas and common use areas. Assurances may require posting of bonds as determined by the township planning commission and approved by the township board.

h.

The planning commission, upon recommendation of the township engineer, may waive or modify requirements for underground installation of all utilities with respect to all or part of a particular PUD plan when strict application would result in practical difficulties.

3.

Final review application shall include, in addition to compliance with the applicable requirements for site plan review contained in section 7.02, the following:

a.

A boundary survey of exact acreage requested and performed by a registered land surveyor or civil engineer (scale: 1 inch equals 100 feet).

b.

A physical features map of the area and its vicinity, including topography drawn as contours with an interval of at least two feet (or grade shots, where applicable). Map shall indicate all trees, bodies of water and unbuildable areas due to soil conditions, wetlands, topography or similar conditions (scale equals 1 inch equals 200 feet).

c.

A legal description of the property.

d.

An aerial photograph of the area not more than five years old (minimum scale: 1 inch equals 100 feet).

e.

Existing and proposed streets and other developments within and surrounding the proposed PUD area shall be shown.

f.

A plan for the entire PUD area indicating the functional use areas and dwelling unit types being requested; densities proposed; thoroughfare, road, traffic and pedestrian circulation plan; public utilities plan; building locations, driveways, walkways, parking areas, natural areas (streams, drains, woodlands); sites reserved for public facilities and service activities; playgrounds, recreation areas and other open spaces; areas used for public and/or residents of the PUD. Such plan shall designate each land use category in contrasting colors or [by] other means.

g.

A preliminary estimate of contemplated total storm water flow and sanitary sewage volume. Each utility shall be shown as a one-line diagram with flow direction indicated on the proposed street layout and shown on the topographical map.

h.

A schedule indicating the proposed timing of the development, including phasing and parcelization, if appropriate.

i.

A written impact statement (section 7.04).

j.

Statement of covenants, grants of easements and other restrictions to be imposed upon the uses of land and structures.

k.

Any other data, plans or drawings considered by the planning commission to be necessary for the consideration of the proposal.

All materials required to be submitted as part of the application shall be submitted in the required number of copies for distribution to the planning commission and appropriate reviewing agencies.

4.

The planning commission shall review the application materials and reviewing agencies' comments. In the process of review, the planning commission shall consider:

a.

Specific development requirements set forth in this ordinance.

b.

The location and design of service roads or drives and driveways providing vehicular ingress to and egress from each building site, in relation to streets giving access to the site and in relation to pedestrian traffic.

c.

The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure:

(1)

Safety and convenience of both vehicular and pedestrian traffic, both within the site and in relation to access streets.

(2)

Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent parcels and districts.

(3)

Accessibility afforded to emergency vehicles.

d.

The arrangement of use areas on the site in relation to functional, efficient and compatible arrangements within the site and also to adjacent uses.

(1)

The treatment of public space.

(2)

The availability of sewer and water capacity and the capacity of other utilities.

(3)

The impact on air quality.

(4)

The potential noise from development and traffic sources.

e.

The proposal's conformity with, and compatibility to, the character of the surrounding property and that it will not substantially interfere with the safety, light, air and convenience of the surroundings private and public property.

f.

Any other matters that are within the township departments' or the commission's jurisdiction.

Only applications properly prepared and submitted with all required fees paid in full will be processed. Review and processing of the application shall be subject to the requirements and procedures contained within this ordinance and as administered and finally approved by the township board. Initial approval shall be valid for a period of two years, with one-year extensions possible with the approval of the township board upon proper application. After the start of construction, if development of the site has lapsed or discontinued for a period exceeding one year, the owner/applicant or his successors shall be required to return to the township for reconsideration of the plan, following the procedure outlined for original approval in this section.

5.

In the course of instituting the plan, minor plan adjustments, including the minor shifting of buildings, service areas and other features requested by the developers, may be authorized by the planning commission and processed as site plan applications. The planning commission shall make the determination as to whether a change is minor or if an amendment is required based upon the standards contained in this paragraph. Amendments that significantly impact factors considered by the township board in approving the PUD plan, such as changes to circulation systems, densities and major building rearrangements, shall require the applicant, or the applicants' successors, to return to the planning commission and township board for approval of an amended plan. The procedure outlined for original approval shall be followed when submitting an amended plan.

6.

The planned unit development overlay district shall, in each instance, be limited to uses, arrangements and improvements contained in the companion PUD plan. In the course of instituting the plan, minor plan adjustments and/or amendments may be authorized by the planning commission as outlined in subsection 13.37C. above.

7.

Once a PUD is approved by the township board, no zoning board of appeals requests shall be permitted. Any requested changes in the development plans shall conform to the revision procedures contained within this section.

8.

It is expressly understood that a PUD project will not be allowed to apply for building permits or begin construction of any site improvements until approval of the final PUD plan or any subsequent amended plan shall have received official approval of the township planning commission and township board, where applicable.

E.

Site plan/specific PUD requirements. The site plan, subdivision and use of land in a PUD must contain a minimum acreage that, in the opinion of the township board, meets the purposes of a PUD listed in section 13.37.A. and the standards of this ordinance, and must be planned as an integral unit combining one or more primary land uses listed below, with ancillary open space, recreation, park and common use areas. Each major use classification shall be governed by the following standards:

1.

General requirements for all PUDs.

(a)

All uses, structures, and properties shall comply with all regulations within the applicable zoning district, except as provided in this section.

(b)

Portions of the PUD area not used for parking, driveways, buildings or plazas shall have landscaping and lawn approved by the township board, as required in section 5.03, landscaping requirements.

(c)

Minimum yard requirements shall apply to all buildings and structures, drives and loading areas. Drives may cross required yards. Larger minimum yards may be required by the planning commission at time of PUD plan approval. Requirements shall be based on consideration of natural light, air circulation, solar access and other effects on adjacent buildings or properties.

(d)

All sides of buildings shall be constructed of aesthetically pleasing brick and/or stone building materials or other similar durable decorative building materials as may be approved by the planning commission. Evaluation of project appearance shall be based on quality of design, relationship to surroundings, sensitive integration of form, texture and colors with the landscape and setting.

(e)

All PUD properties shall abut a major or secondary thoroughfare as shown on the township's master plan or have direct access to such thoroughfares by means of a street that serves the PUD adequately.

(f)

Parking area lighting shall not allow rays and illumination to be cast upon neighboring residents and shall not glare into nearby buildings or streets. Lighting shall be appropriate to buildings and surroundings in terms of style, scale and illumination intensity. Site floodlights, building mounted or otherwise, and "freeway type" fixtures are prohibited. Low wattage systems are recommended and all lighting shall be shielded. Lighting of pedestrian walkways and plazas may include either shielded or exposed sources, but heights shall be restricted and intensity of light shall be subdued. All site lighting shall meet the requirements of section 5.06.

(g)

Signs shall be governed by a storage scheme approved as part of the PUD plan. A maintenance, construction, and easement agreement approved by the township attorney for all entrance signs shall be provided.

(h)

Trash and other waste materials shall be stored within a principal or accessory building or shall be screened from view from the street and adjacent properties. They shall not be located in front, street facing or on a side yard. Utility meters and control devices shall also be so located and screened.

(i)

Not less than ten percent of the PUD project land area shall be used for common open space. Computation shall exclude right-of-way area devoted to streets. Open space shall be planned as a contiguous area, located in accordance with the approved PUD plan for maximum benefit of the area. Up to 50 percent of environmentally sensitive areas such as woodlands, wetlands, drainage areas and landscaped boulevards may be included in the calculation of common open space areas.

(j)

All site loading shall be confined to the interior of the building or within a courtyard area completely obscured from view.

(k)

Outdoor storage of materials and/or equipment shall not be permitted.

2.

[Mixture of uses.] The mixture of uses permitted within a PUD shall be based on the underlying zoning district(s) as follows:

_____

3.

Residential.

(a)

Condominium subdivisions and open space plans regulated by this ordinance may be used in conjunction with a PUD project. Approved nonresidential uses may not be constructed prior to initiation of residential development.

(b)

The overall dwelling unit density for R-1 districts cannot exceed the maximum dwelling unit density computed for the entire net site area and the allowable density of the underlying zoning district as follows:

(a)

At the discretion of the township board, the maximum density permitted for detached single-family portions of the PUD may be increased provided that the development meets the intent and all other standards of the PUD provisions and all other township ordinances. Additional density shall be permitted where open space over and above that required by the township is provided. A maximum of 1.45 dwelling units per acre of additional open space may be permitted.

(d)

The permitted density for all two-family and multiple-family districts shall be based on the area proposed for multiple-family including open space and the density of the underlying district.

(e)

A majority of the proposed residential units within all residential districts must be developed as either single-family, two-family or multiple-family as determined by the underlying zoning.

(f)

One-family residential units shall be subject to the minimum lot area and lot width requirements of the underlying zoning district. The township board, after recommendation from the planning commission may modify such lot area and lot width requirements where such modification will result in the preservation of open space. No lot shall be of an area or width less than that required in the R-1-C zoning district.

2.

Office.

(a)

Office uses shall be as determined by the township board, consistent with subsection 13.37 E, 2 above. Any use not compatible with the overall intent of this district and which detracts from the design or function of this district as prohibited.

(b)

All front or street-side yards shall be landscaped and permanently maintained. Environmentally sensitive areas, such as woodlands, wetlands, drainage areas and island portions of landscaped boulevards, may be included in the calculation for yards and buffers. All landscaped areas shall be continuously maintained in a livable condition.

3.

Commercial.

(a)

Business uses shall be as determined by the township board, consistent with subsection 13.37 E, 2 above. Any use not compatible with the overall intent of this district, which may include activities that would detract from design or function, are prohibited. Outdoor storage and display of merchandise or equipment is prohibited.

(b)

All front or street-side yards shall be landscaped and permanently maintained. Environmentally sensitive areas, such as woodlands, wetlands, drainage areas and island portions of landscaped boulevards, may be included in the calculation for yards and buffers. All landscaped areas shall be continuously maintained in a livable condition.

4.

Industrial.

(a)

Environmentally sensitive areas, such as woodlands, wetlands, drainage areas and island portions of landscaped boulevards, may be included in the calculation for yards and buffers. All landscaped areas shall be continuously maintained in a livable condition and have installed irrigation systems to assist in maintaining plant materials.

F.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

(Ord. No. 212.9, § 6, 10-17-2000; Ord. No. 212.71, 9-3-2007)

A.

Private clubs, fraternal organizations, lodge halls, cultural centers and union halls may be allowed in all R-2 two-family, multiple family and the O-2 service office district. Union halls may be allowed as a special land use in the LM district.

B.

Specific requirements and conditions.

1.

All such uses shall have ingress and egress directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the master plan.

2.

All activities, other than parking of motor vehicles and loading and unloading, shall be conducted within a completely enclosed building, except for outdoor activity specifically approved and/or licensed by the township.

3.

No building shall be closer than 50 feet to any property line. The building setback shall be increased to 100 feet when abutting a residential zoning district.

4.

Maximum lot coverage shall not exceed 30 percent.

5.

No such uses shall abut an existing single-family residential district on more than one side.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Private outdoor non-commercial recreation, private swimming pool clubs, institutional or community [township] recreation centers may be allowed in all residential districts and the O-2 service office district.

B.

Specific requirements and conditions.

1.

Front, side and rear yards shall be at least 50 feet in width and shall be landscaped with trees, shrubs and grass.

2.

Maximum lot coverage shall not exceed 30 percent.

3.

Whenever a swimming pool is constructed, said pool area shall be surrounded with a protective fence six feet in height, and entry shall be provided by means of a controlled gate.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

Editor's note— Ord. No. 212.59, adopted Aug. 18, 2005, deleted § 13.40 in its entirety. Former § 13.40 pertained to professional offices in planned convenience shopping centers and derived from Ord. No. 212, adopted Sept. 19, 1997; and Ord. No. 2112.5, § 28, adopted July 20, 1999.

A.

Public buildings and recreation facilities may be allowed in all single-family, two-family and multiple-family zoning districts.

B.

All buildings and parking lots shall be set back a minimum of 100 feet from the boundaries of any abutting residential zoning district.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Public utility buildings, including telephone exchange buildings and repeater stations, electric transformer sub-stations and stations, gas regulator stations (all without storage yards) and cable television, may be permitted in any district when operating requirements necessitate their locating within the district in order to serve the immediate area.

B.

Site requirements.

1.

Minimum site size: Two acres. The planning commission may reduce this requirement for uses that require less area, provided that all other site requirements are met.

2.

The site shall abut a public road having a right-of-way of not less than that of a secondary thoroughfare (86 feet) or a proposed right-of-way of major thoroughfare.

3.

All buildings shall be constructed of brick and/or stone materials, or other similar durable decorative building material approved by the planning commission.

4.

The site shall be properly maintained as required by section 5.03.

C.

Yard and placement requirements.

1.

All development features shall be enclosed within a building.

2.

Maximum height of any structure: Twenty-five feet, unless otherwise specified in the district.

3.

Minimum yard requirements:

(a)

Front: Fifty feet.

(b)

Thirty feet each side with one additional foot for each five feet the non-residential structure exceeds 40 feet in length along the adjoining property line.

(c)

Rear: Fifty feet.

4.

Maximum lot coverage of all buildings: Ten percent.

5.

Noise or electrical disturbances produced by the activity shall be confined to the site.

D.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

1.

No off-street parking shall be permitted in the required front yard space.

A.

Facilities for motorized vehicles designed for racing purposes may be allowed only in the HM heavy manufacturing district.

B.

Specific requirements and conditions.

1.

Such uses shall be conducted only during daylight hours.

2.

Permanent seating shall be provided in a number adequate to accommodate not less than 50 percent of the maximum attendance capacity.

3.

Screening requirement. Any such use must be completely enclosed with screening in accordance with the requirements of subsections B. through D., both inclusive, of section 5.01 of article 5 of this ordinance.

4.

Maintenance, storage, accessory buildings and spectator seating shall be set back at least 500 feet from the boundary of any abutting residential zoning district.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

1.

Off-street parking space shall be provided entirely within the area enclosed by the screening required herein in a ratio of one parking space for each five persons in attendance.

A.

Refuse disposal incinerators and transfer stations may be allowed only in the HM heavy manufacturing districts.

1.

The proposed plan of operation shall be approved by the State of Michigan, Macomb County Health Department and township engineer.

2.

All refuse storage, dumping, feeding and transfer operations shall be done within an enclosed structure.

3.

All ash and other incineration by-products shall be stored in an enclosed structure.

4.

Smokestacks shall be of a design and operated in a manner so as to preclude the emission of noxious odors and smoke which would interfere with the use of adjoining properties.

5.

All ingress and egress to incinerators shall be paved roads and driveways maintained in a dust free state.

B.

Permit required. If approval for such use is granted by the township board, a permit shall be required in accordance with the provisions of the Shelby Township Code of Ordinances. The applicant shall also be required to submit evidence of approval of all applicable state and federal review agencies.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Self-storage facilities may be allowed in the C-4 general business district and the LM light manufacturing district.

B.

Specific requirements and conditions.

1.

No storage of combustible or flammable liquids, combustible fibers, or explosive materials as defined in the fire prevention code, or toxic materials shall be permitted within the self-storage buildings or upon the premises.

2.

No storage outside of the self-storage buildings shall be permitted.

3.

Except as provided herein, the use of the premises shall be limited to storage only and shall not be used for operating any other business, for maintaining or repairing of any vehicles, recreational equipment or other items, or for any recreational activity, hobby or purpose other than the storage of personal items and business items as hereinbefore set forth.

4.

Screening shall be provided, as specified in section 5.01.

5.

A security manager shall be permitted to reside on the premises to the extent required by such use.

6.

Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers and locks and chains, shall be permitted on the site devoted to this use.

7.

Access to the self-service storage facility premises shall be restricted to tenants only, by means of entrance-controlled devices.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

(Ord. No. 212.59, 8-18-2005)

A.

Shooting ranges (outdoor) may be allowed in the HM heavy manufacturing district.

B.

Specific criteria.

1.

Shooting ranges shall refer to either public shooting ranges or private shooting ranges, as defined pursuant to the Charter Township of Shelby Code of Ordinances. Only shooting ranges licensed pursuant to the code of ordinances shall be permitted.

2.

Shooting ranges shall be of an adequate size and appropriate design to permit the discharge of firearms or weapons without endangering the safety of the general public and of persons living within the area utilized by such shooting ranges.

3.

Where weapons or firearms are permitted to be discharged outside of a fully enclosed building, shooting ranges shall maintain a setback from any right-of-way or adjacent land of, at minimum, 500 feet, and shall not be located within one-half mile of any residential or multi-family district.

4.

Shooting ranges shall also be subject to the provisions of Public Act No. 250 of 1974 (MCL 691.1541 et seq., MSA 12.1234(41) et seq.).

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Slaughterhouses, meat packing and animal rendering may be allowed only in the HM heavy manufacturing districts.

B.

Specific requirements and conditions.

1.

Screening requirement. Any such use must be completely enclosed with screening in accordance with the requirements of subsections B. through D., both inclusive, of section 5.01 of article 5 of this ordinance.

2.

Minimum setback requirements. No structure for such use shall be erected closer to the site boundary lines than the following minimum setback requirements.

(a)

Front setback. Same as provided in heavy manufacturing district.

(b)

Rear and side setbacks. Not closer than 50 feet to the rear or side site line.

(c)

No side or rear property line shall abut residentially zoned property.

3.

The area between the front screening required hereunder and the front site line shall be landscaped and maintained with grass or coniferous trees or shrubs or a combination thereof.

4.

All plans pertaining to the proposed site and structures erected thereon or proposed for erection thereon in connection with such use shall be accompanied by a written approval thereof by the Macomb County Health Department that such plans and structures comply with any and all regulations of such department and state laws pertaining to public health including, but not limited to, disposal facilities for waste materials. The use shall also observe all applicable requirements of section 11.00.J. of this ordinance.

C.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

1.

Off-street parking space shall be provided entirely within the screening required herein at a ratio of one parking space for each one employee, computed on the basis of the greatest number of persons employed at any one period during the day or night. Additional parking shall also be provided for any required inspectors.

Editor's note— Ord. No. 212.59, adopted Aug. 18, 2005, deleted § 13.48 in its entirety. Former § 13.48 pertained to various retail uses and derived from Ord. No. 212, adopted Sept. 19, 1997.

Veterinary offices or clinics exceeding 5,000 square feet may be allowed in the C-2 linear retail business district.

(Ord. No. 212.59, 8-18-2005)

A.

Wetlands planned development may be allowed in the R-1-A one-family residential district.

B.

Specific criteria.

1.

The parcel of land shall contain sufficient state or federal officially designated wetlands under Part 303 of the Public Act No. 451 of 1994 (MCL 324.30301 et seq., MSA 13A.30301 et seq.) to be given consideration under this provision, as determined by the planning commission.

2.

Planned areas shall be provided with, or shall participate in, the provision of all utilities, schools, walkways, playgrounds, recreation, parking and other amenities to be used by the public or by residents of the development.

3.

There shall be, at the time of development, an acceptable means of disposing of sanitary sewage, supplying of water, providing for stormwater drainage and integrating of the road system.

4.

The plan shall conform to the township's concept plan and be in character with the township and approved surrounding development and provide attractive and desirable housing units. The amenities development design and the architecture of all structures shall be part of the submission and be constructed as approved.

5.

The applicant shall have made provision, satisfactory to the township, to assure that the amenities and those areas shown on the plan for use by the public or occupants of the development will be, or have been, irrevocably committed for that purpose. The township may require that conveyances or other documents be placed in escrow to accomplish this purpose and that performance guarantee, as prescribed in section 3.13, be provided.

6.

Provisions, satisfactory to the township, shall be made to provide for the financing of any improvements to be participated in and for all amenities and common use areas which are to be included or used by the occupants of the development and the maintenance of such areas or amenities.

C.

Special requirements and conditions. The intent of this provision is to encourage continued low density and large lot one-family residential development on parcels containing designated wetlands which are of such size or location as to create obvious difficulties in providing an attractive site layout or design. To assist in overcoming such difficulties, the planning commission may recommend, and the township board may approve, a site plan which contains R-1-A area lots with 90-foot minimum frontage and/or multiple-family type housing at acceptable designated locations. The dwelling unit density shall be equal in number to the corresponding units developable on the site as R-1-A. (The developer's calculation of this number must be based upon reasonable assumptions and be acceptable to the township.) As an inducement for approval to develop at a density equal or less than permitted in the R-1-A district, the plan must have the architectural quality, site layout and amenities that clearly reflect an R-1-A character. In addition, the township board, upon recommendation of the planning commission, as part of this approval, may allow the transfer of all or part of the multiple unit allotment to adjacent parcels within the same geographic section as part of an acceptable overall plan involving two or more separate owners.

The application and processing under this provision shall include the following:

1.

A boundary survey of the exact acreage being requested, to be performed by a registered land surveyor or civil engineer (Scale: 1″ = 100′).

2.

A topography map drawn at contours with an interval of at least two feet. This map shall indicate all stand[s] of trees, bodies of water, and unbuildable area due to wetlands or soil conditions (Scale: 1″ = 100′). The acreage of the wetlands shall be accurately computed. A soil survey shall show the areas suitable for development.

3.

A site plan that meets all the requirements of Section 7.01 for the entire area, indicating lot size, functional use areas, and the location of all dwelling units by type requested; the densities being proposed; a pedestrian circulation plan; a road plan; public utility plan; wetlands; sites being reserved for schools, service activities; playgrounds; recreation areas and other amenities and areas to be used for the public or by residents of the planned development.

4.

Where facilities are planned to be participated in off-site, the applicant should provide a 1″ = 200′ scale plan of all such facilities and uses and demonstrate how the applicant's development participates in, and is integrated with, the overall plan of the section.

5.

A preliminary estimate of the contemplated total storm water flow and also sanitary sewage. The preliminary plan shall show each utility as a one-line diagram with flow direction drawn on the proposed street layout. These features shall be shown on the topographic map as provided above.

6.

The proposed plan shall conform to the township's concept plan and a schedule of development shall be presented demonstrating the feasibility of the proposed plans. Where designated wetlands are to be encroached upon by the development, negotiations with the state shall be simultaneous with same information and various options being provided by the township. After approval of the plan, and at any given time, the relation of the number of multiple family dwelling units approved for building permits shall not exceed the ratio between the total number of multiple units to single family units for the total development. Areas designated for multiple family residential development shall meet the requirements of the township assigned R-district (multiple) number and all of the requirements of section 9.40. (If the R-number is less than 5, the yard spacing between buildings will be determined as part of the plan approval.) Land area once used in computing density for one project or use area shall not again be used to compute density in another.

7.

The physical development of the area must start within two years of the date of approval of the site plan. The failure to start development shall invalidate the special land use approval and site plan and the applicant shall then be required to resubmit the plan for review and approval as in the first instance. The entire special land use, including all transferred multiple development rights, shall be fully developed and/or platted and recorded within a period not to exceed five years from the date of approval of the site plan with the granting of subsequent one year extensions by the township being permissible.

D.

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles 5 and 6, respectively.

A.

Kennels may be allowed only in the HM, Heavy Manufacturing zoning district.

B.

Specific requirements and conditions.

1.

Operation. A kennel must obtain a permit from the Macomb County Health Department and comply with the applicable regulations established by the county.

2.

Lot size. The lot on which any such kennel is located shall be a minimum of two acres in size. Such parcel shall not abut or be adjacent to any lot or parcel which is part of a recorded residential subdivision.

3.

Number of animals. The maximum number of animals permitted in a kennel shall be related to lot size as follows: not more than five animals for the first two acres and a maximum of five additional animals for each additional acre. In no case shall a commercial kennel exceed 50 animals.

4.

Setbacks. Buildings in which animals are kept, animal runs and exercise areas shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.

5.

Noise and odor. Such activity shall be conducted so as not to be detrimental to any person, or property or the general welfare by reason of excessive noise or odor.

(Ord. No. 212.89, 9-4-2012)