Silver Creek Township
City Zoning Code

SPECIFIC SPECIAL

LAND USE STANDARDS

§ 155.150 SPECIAL LAND USES.

(A) The following special land uses shall be subject to the requirements of the district in which it is located, in addition to all the applicable conditions, standards, and regulations as are cited in this section.

(B) The following uses have such conditions, standards, or regulations:

(1) Country clubs, golf courses, riding stables, gun clubs, and publicly owned athletic grounds and parks including related uses, such as snack bars, small retail shops selling goods directly related to the primary use, and other similar uses integral to the main use;

(2) Removal and processing of topsoil, stone, rock, sand, gravel, lime, or other soil or mineral resource;

(3) Public or private campgrounds;

(4) Two-family dwellings;

(5) Multiple-family dwellings;

(6) Planned unit developments;

(7) Funeral homes and mortuary establishments;

(8) Group and commercial day care homes and facilities;

(9) Hotels and motels;

(10) Theaters, or similar places of public assembly, as determined by the Zoning Administrator;

(11) Restaurants with drive-through facilities;

(12) Vehicle service stations, with or without mechanical repair;

(13) Vehicle wash establishments, either self-serve or automatic;

(14) Open air businesses and food truck park;

(15) Veterinary hospitals, animal clinics, and commercial kennels;

(16) Utility and public service buildings without storage yards, but not including essential public services such as poles, wires, and underground utility systems;

(17) Body shops;

(18) Lumber and plane mills;

(19) Metal plating, buffing, and polishing;

(20) Commercial storage warehouses;

(21) The manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations;

(22) Junk yard, salvage yards and impound yards;

(23) Public or private boat launches;

(24) Marinas;

(25) Sexually oriented businesses;

(26) Bed and breakfast establishments;

(27) Private schools, churches, libraries, parks, playgrounds, and community center buildings;

(28) Intensive livestock operations;

(29) Open space developments;

(30) Vehicle sales;

(31) Private hunting facilities;

(32) Private docks accessory to non-residential uses;

(33) Private dock on vacant residential parcel; and

(34) Rental halls.

(Ord. passed 7-30-2015; amended 6- -2005; amended 3- -2013; Ord. 17-06, passed 9-13-2017; Ord. 19-20, passed 8-6-2019)

§ 155.151 RECREATION GROUNDS.

Country clubs, golf courses, riding stables, and publicly owned athletic grounds and parks including related uses, such as snack bars, small retail shops selling goods directly related to the primary use, and other similar uses integral to the main use.

(A) The use shall be located on property with direct access to a public street.

(B) Any outdoor activity areas shall be set back a minimum of 50 feet from any residential district or use property line.

(C) Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use property line.

(D) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(Ord. passed 7-30-2015)

§ 155.152 REMOVAL OF RESOURCES.

The Planning Commission shall not approve such use until the following information is provided and the Commission finds that the proposed use will not adversely impact surrounding properties and the township in general, in accordance with the following:

(A) The size of the property from which such topsoil, sand, gravel, or other such materials are to be removed;

(B) The amount of topsoil, sand, gravel, or other materials which is to be removed;

(D) The effect of such removal on adjoining property; all removal activities shall be set back a minimum of 100 feet from any adjoining residential district;

(E) The effect of such removal in causing a safety hazard, creating erosion problems, or altering the ground water table;

(F) The potential for such removal to cause the creation of sand blows, stagnant water pools, or swampy areas;

(G) The effect of such removal on the environment and the natural topography, and the potential destruction of any natural resources;

(H) Potential traffic congestion and problems because of trucks or other vehicles or means utilized to haul and transport the material removed;

(I) Any change of the natural contour of the land, both during mining operations and at the time of abandonment, shall be maintained in a safe condition; all contours and elevations shall be restored when the operation is abandoned or ceases;

(J) No business or industrial building or structure of a permanent nature shall be erected, except where such building is a permitted use within the district in which the extraction activity is located;

(K) No storage or truck parking shall be located within 200 feet of any adjacent residence or within 50 feet of any other adjacent property;

(L) All of the operations shall be screened with an evergreen screen planting on any side adjacent to a residential district or use of occupied property;

(M) As the natural resources are being removed, the property shall be restored by the placement of topsoil where feasible; and all excavations shall be sloped to a gradient with not more than 30 degree slope and the contour be caused to blend as nearly as possible with the natural surroundings;

(N) All truck operations shall be directed away from residential streets and utilized county primary roads whenever possible;

(O) The Planning Commission may require such performance guarantee or bond, as deemed necessary to ensure that requirements are fulfilled, in accordance with the provisions of section 19.09, and may revoke permission to operate at any time specific conditions are not maintained;

(P) Topsoil or sand may be removed from a lot for the purpose of erecting or constructing a building or structure on the lot, provided a permit is first obtained from the Zoning Administrator. If any removal from a parcel shall exceed 500 cubic yards of material, then the applicant shall comply with the provisions of this section. In addition, topsoil or sand may be moved from one part of a lot to another part if such action will not cause, or be likely to cause, sand blows, stagnant water pools, bogs, or possible future injury to adjoining properties;

(Q) The applicant shall secure all necessary permits from the township, county, and state authorities; and

(R) Any change in the operation or activity conducted on the premises shall require reapplication for a special use permit.

(Ord. passed 7-30-2015)

§ 155.153 PUBLIC OR PRIVATE CAMPGROUNDS.

(A) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(B) The applicant shall secure all necessary permits from township, county, and state authorities.

(D) Retail commercial uses may be permitted within the campground, provided that the following requirements are met:

(1) All commercial uses allowed shall occupy no more than 5% of the lot for building and parking areas; and

(2) No merchandise for display, sale, or lease shall be located in any manner outside the main building.

(Ord. passed 7-30-2015)

§ 155.154 TWO-FAMILY DWELLINGS.

(A) All dwelling units in the building shall have a minimum of 750 square feet per unit.

(B) Such uses shall be permitted only if they will not materially alter the existing character of the neighborhood.

(Ord. passed 7-30-2015)

§ 155.155 MULTIPLE-FAMILY DWELLINGS.

(A) Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of ten feet.

(B) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(C) Buildings shall not be constructed closer than a distance equal to one and one-half times the height of the tallest building.

(Ord. passed 7-30-2015)

§ 155.156 PLANNED UNIT DEVELOPMENTS.

(A) Description and purpose.

(1) The purpose of a planned unit development (PUD) is to permit greater flexibility in development than is generally possible under standard district regulations. It is further intended to promote more efficient use of land while providing a harmonious variety of housing choices, the integration of necessary commercial and community facilities, and the preservation of open space.

(2) These PUD provisions are not intended as a device for ignoring the other requirements of this chapter. These provisions are intended to result in land development substantially consistent with the underlying zoning.

(B) Qualifying conditions.

(1) The tract of land for which a PUD application is received must be either in one ownership or the subject of an application filed jointly by the owners of all properties.

(2) The property which is the subject of a PUD application must be a minimum of ten contiguous acres in total area.

(3) To be considered as a PUD, the proposed development must fulfill one of the following conditions:

(a) The PUD contains two or more separate and distinct uses, for example, single-family and multiple-family dwellings;

(b) The PUD site exhibits significant natural features which will be preserved as a result of the PUD plan; or

(1) Preliminary sketch plan.

(a) To be considered as a PUD, the applicant shall be required to first receive approval of a sketch plan in accordance with the requirements of this section.

(b) Applications for sketch plan approval for PUDs shall be submitted to the Zoning Administrator at least 30 days prior to the date of first consideration by the Planning Commission.

(c) The application materials shall include all the following information, unless the Zoning Administrator determines that some of the required information is not reasonably necessary:

1. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement;

2. Written documentation that the proposal meets the standards of section 14.08, F, 3;

3. If a phased development is proposed, identification of the areas included in each phase. For residential uses, identify the number, type, and density of proposed housing units within each phase; and

4. A completed application form, supplied by the Zoning Administrator, and an application fee.

(d) The Planning Commission shall either deny, approve, or approve with conditions, the sketch plan.

(e) Changes in the sketch plan shall be submitted to the Planning Commission pursuant to the above procedures applicable to the original application.

(2) Final site plan approval.

(a) After receiving approval of a sketch plan from the Planning Commission, the applicant shall within one year submit a final site plan to the Planning Commission.

(b) The final site plan may be for either the entire project or for one or more phases. Site plan approval shall be conducted in accordance with the requirements of § 155.099.

(c) Failure to submit a final site plan for approval within the one-year period shall void the previous sketch plan approval and a new application shall be required to be submitted and approved in accordance with these provisions.

(d) The Planning Commission shall either deny, approve, or approve with conditions, the final site plan.

(e) Changes in the final site plan shall be submitted to the Planning Commission pursuant to the above procedures applicable to the original application.

(D) Permitted uses. The following uses shall be permitted in accordance with the applicable PUD requirements:

(1) Single-family dwellings;

(2) Two-family dwellings;

(3) Multiple-family dwellings;

(4) Permitted uses in the C District, subject to the standards noted for non-residential uses in the PUD; and

(5) Site condominiums.

(E) Site development requirements.

(1) Residential uses. The minimum lot area, width, setbacks, and yard requirements for any lot designated for residential use may be established by the Planning Commission, subject to the following considerations:

(a) Character of the neighborhood in which the development is proposed;

(b) The proximity of other residential districts or uses; and

(c) Unique site conditions, such as the presence of drainage ways, significant natural features, soil conditions, and the like.

(2) Non-residential uses.

(a) All non-residential uses allowed in the PUD shall occupy no more than 10% of the PUD project’s developable area.

(b) All such uses shall be integrated into the design of the project with similar architectural and site development elements, such as signs, landscaping, and the like.

(c) Such uses shall be permitted only if they will not materially alter the existing character of the neighborhood and/or the PUD.

(d) All merchandise for display, sale, or lease shall be entirely within an enclosed building.

(e) Buildings designed for non-residential uses shall be constructed according to the following requirements:

1. If the entire PUD contains fewer than 20 dwelling units, 75% of these units must be constructed prior to construction of any non-residential use; and

2. If the PUD contains more than 20 dwelling units, 50% of these units shall be constructed prior to the construction of any non-residential use.

(3) Open space. The amount of open space set aside for common use of the PUD shall be determined by the Planning Commission, subject to the following considerations and requirements:

(a) Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access such that all properties within the entire PUD may utilize the available open space;

(b) Evidence shall be given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the township of the future maintenance thereof; and

(4) Wires. All electric and telephone transmission wires shall be placed underground.

(5) Parking. Parking is required in accordance with §§ 155.115 through 155.118.

(6) Signs. Signs are permitted in accordance with the requirements of Chapter 153. The least intensive district in which the use is permitted shall be used in determining sign requirements.

(F) Approval standards. The Planning Commission shall consider and find that the standards noted below have each been satisfied before granting approval of any PUD:

(1) The standards of § 155.100; and

(2) The standards of § 155.132(A)(1) through (A)(4).

(Ord. passed 7-30-2015)

§ 155.157 FUNERAL HOMES AND MORTUARY ESTABLISHMENTS.

(A) Minimum lot area shall be one acre and minimum lot width shall be 150 feet.

(B) An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

(D) Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

(Ord. passed 7-30-2015)

§ 155.158 GROUP AND COMMERCIAL DAY CARE HOMES AND FACILITIES.

(A) A drop-off/pick-up area shall be provided for motorists off the public street, which permits vehicles to exit the property without backing into the street.

(B) Fencing no less than four feet nor more than six feet in height shall be provided around all outdoor areas accessible to children.

(Ord. passed 7-30-2015)

§ 155.159 HOTELS AND MOTELS.

(A) Minimum lot area shall be four acres and minimum lot width shall be 200 feet.

(B) Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of ten feet.

(C) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(Ord. passed 7-30-2015)

§ 155.160 THEATERS AND THE LIKE.

(A) Main buildings shall be set back a minimum of 100 feet from any residential property line.

(B) For uses exceeding a seating capacity of 250 persons, a traffic impact study shall be required to be submitted by the applicant which describes internal circulation and projected impacts on traffic operations, capacity, and access on adjacent and nearby streets which are likely to provide access to the site.

(C) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(Ord. passed 7-30-2015)

§ 155.161 RESTAURANTS WITH DRIVE-THROUGH FACILITIES.

(A) Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of ten stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through portion of the facility.

(B) In addition to parking space requirements, at least three parking spaces shall be provided, in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.

(D) Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

(Ord. passed 7-30-2015)

§ 155.162 VEHICLE SERVICE STATIONS.

(A) Minimum lot area shall be one acre and minimum lot width shall be 250 feet.

(B) Pump islands shall be a minimum of 25 feet from any public right-of-way or lot line.

(C) All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building. Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

(D) If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.

(E) Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of 15 feet is maintained and further provided that the fascia of the canopy is a minimum of 15 feet above the average grade.

(F) Access driveways shall be located at least 25 feet from the centerline of the intersection of any street or any other driveway.

(G) Where adjoining a residential district, a solid wall or fence, six feet in height, shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

(H) Adequate parking for vehicles awaiting repair shall be provided in additional to any other required parking.

(I) Inoperative vehicles left on the site shall, within 48 hours, be stored within an enclosed building, or in an area screened by an opaque fence not less than six feet in height. Such fence shall be continuously maintained in good condition.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.163 VEHICLE WASH ESTABLISHMENTS.

(A) Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 15 stacking spaces for an automatic wash facility shall be provided. For self-service establishments, each stall shall have at least two stacking spaces at the entrance and one space at the exit.

(B) Vacuuming activities, if outdoors, shall be at least 100 feet from any residential district. Wash bays shall be located at least 50 feet from any residential district.

(C) Should wash bays be located with openings parallel to an adjacent street, they shall be screened by a solid wall or fence, six feet in height, erected along any common lot line. The fence or wall shall be continuously maintained in good condition.

(D) Only one access driveway shall be permitted on any single street. All access driveways shall be located at least 25 feet from the centerline of the intersection of any street or driveway.

(E) Where adjoining a residential district, a solid wall or fence, six feet in height, shall be erected along any common lot line. The fence shall be continuously maintained in good condition.

(Ord. passed 7-30-2015)

§ 155.164 OPEN AIR BUSINESSES.

(A) A five-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises.

(B) The lot area used for parking, display, or storage shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(C) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

(D) Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.

(Ord. passed 7-30-2015)

§ 155.165 VETERINARY HOSPITALS, ANIMAL CLINICS, AND COMMERCIAL KENNELS.

Buildings, dog runs and/or exercise areas, or any other area where animals are kept shall be set back 100 feet from any property line.

(Ord. passed 7-30-2015)

§ 155.166 UTILITY AND PUBLIC SERVICE BUILDINGS.

Utility and public service buildings without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(A) Any buildings shall be generally compatible with the surrounding neighborhood.

(B) Any building shall comply with the yard setback requirements of the district in which it is located.

(Ord. passed 7-30-2015)

§ 155.167 BODY SHOPS.

(A) The main and accessory buildings and structures shall not be located within 100 feet of any residential district.

(B) Minimum lot area shall be one acre and minimum lot width shall be 150 feet.

(C) All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.

(D) Inoperative vehicles left on the site shall, within 48 hours, be stored within an enclosed building, or in an area screened by an opaque fence not less than six feet in height. The fence shall be continuously maintained in good condition.

(E) Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

(F) Access driveways shall be located at least 25 feet from the centerline of the intersection of any street or driveway.

(G) Where adjoining a residential district or use property, a solid wall or fence, six feet in height, shall be erected along any common lot line. The fence or wall shall be continuously maintained in good condition.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.168 LUMBER AND PLANING MILLS.

The main and accessory buildings and structures shall not be located within 200 feet of any residential district.

(Ord. passed 7-30-2015)

§ 155.169 METAL PLATING, BUFFING, AND POLISHING.

The main and accessory buildings and structures shall not be located within 200 feet of any residential district or use property line.

(Ord. passed 7-30-2015)

§ 155.170 COMMERCIAL STORAGE WAREHOUSES.

(A) Lot area. Minimum lot area shall be two acres.

(B) Residence. A residence may be permitted on the premises for security personnel or on-site operator. The residence shall conform to the minimum requirements for a single-family dwelling in the R-2 District.

(1) One parking space shall be provided for each ten storage cubicles, equally distributed throughout the storage area. The parking requirement may be met with the parking lanes required for the storage area.

(2) Two parking spaces shall also be required for the residence of security personnel or on-site operator employed on the premises.

(3) One parking space shall also be required for every 20 storage cubicles, up to a maximum of ten spaces, to be located adjacent the rental office for the use of customers.

(4) The following parking lanes and access aisles shall be required. The parking lanes may be eliminated when the access aisle does not serve storage cubicles.

Lane/Aisle	Aisle/Lane Width (Ft)		Number of Lanes/Aisles Required
Lane/Aisle	One-Way	Two-Way (Each Lane or Aisle)	One-Way	Two-Way
Access aisle	15	12	1	2
Parking lane	10	10	1	1

(5) All driveways, parking, loading, storage, and vehicular circulation areas shall be paved.

(Ord. passed 7-30-2015)

§ 155.171 STAMPING OR PUNCH PRESS OPERATIONS.

The manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations. The main and accessory buildings and structures shall not be located within 200 feet of any residential district.

(Ord. passed 7-30-2015)

§ 155.172 JUNK YARDS.

(A) Requests for a special land use approval for establishment of a salvage, junk, or impound yard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws.

(B) The site shall be provided with suitable access to a collector or arterial road to ensure safe, direct transport of salvage to and from the site. All portions of the storage area shall be accessible to emergency vehicles.

(C) No portion of the storage area shall be located within 500 feet of any residential district or use, nor shall it be located within 1,000 feet of any body of water.

(D) Any outdoor storage area shall be completely enclosed by a fence or wall at least eight feet in height constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two non-transparent gates not exceeding 48 feet in width providing access to the storage area for vehicles, but shall not allow direct view of the storage area from adjacent properties or streets. The fence or wall shall be continuously maintained in good condition and shall contain only approved signs.

(E) Stored materials shall not be stacked higher than eight feet and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall. The fence or wall enclosing the storage area shall meet the applicable building setback requirements, provided that all fences shall be set back a minimum of 50 feet from any residential district.

(F) A management office shall be provided on site. A residence may be permitted for security personnel or on-site operator.

(G) Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each row of vehicles.

(H) Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil, and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of fluid. No fluids removed from vehicles shall be applied as a dust control method.

(I) Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard. The area used for any dismantling or any other activity associated with removing body parts or components shall be paved with an asphalt or portland cement binder, and equipped with a drainage system that will allow the capture of any fluids or other materials. Any captured fluids shall be disposed of in a safe and sanitary manner.

(J) The property shall include at least six acres.

(K) In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours.

(L) The Planning Commission may impose other conditions which have a reasonable relationship to the health, safety, and general welfare of the township. These conditions can include a provision for an annual inspection by the Zoning Administrator to ensure continuing compliance with the above standards.

(Ord. passed 7-30-2015)

§ 155.173 BOAT LAUNCHES.

(A) No building, structure, dock, or parking area which is part of a boat launch site shall be located nearer than 35 feet to any lot in a residential district.

(B) Required parking facilities shall not be used for storage of boats or trailers for periods exceeding 72 hours, from May 1 to September 15.

(C) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

(D) The lot area used for parking or other activity using motor vehicles shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water in accordance with the rules and regulations of the township and the County Drain Commission.

(E) Public boat launches and access sites shall be served by a public road.

(F) All piers and docks associated with any proposed boat launch shall meet the standards of all township ordinances.

(Ord. passed 7-30-2015)

§ 155.174 MARINAS.

(A) No building, structure, dock, or parking area which is part of a marina shall be located nearer than 35 feet to any lot in a residential or Waterfront District.

(B) Required parking facilities shall not be used for storage of boats or trailers for periods exceeding 72 hours, from May 1 to September 15.

(C) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

(D) The lot area used for parking or other activity using motor vehicles shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water in accordance with the rules and regulations of the township and the County Drain Commission.

(E) A five-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises.

(F) All proposed marina construction, expansion, and reconfiguration projects shall be subject to permit by the Michigan Department of Environmental Quality or its successor.

(Ord. passed 7-30-2015)

§ 155.175 SEXUALLY ORIENTED BUSINESSES.

(A) Purpose and intent.

(1) The purpose and intent of these provisions is to regulate sexually oriented businesses and related activities to promote the health, safety, and welfare of patrons and employees of such businesses, and to promote the health, safety, and welfare of the citizens of the township.

(2) In the development and execution of this section, it is recognized that there are some uses which, because of their nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them is located in proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. These controls are for the purpose of preventing deterioration or blighting of a surrounding residential neighborhood.

(3) These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution or by Art. I, § 5 of the Michigan Constitution of 1963.

(4) Additionally, it is not the intent of the provisions of this section, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions.

(5) Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.

(6) These regulations shall not be interpreted as intending to legitimize any activities which are prohibited by federal or state law, or by any other ordinance of the township.

(B) Use requirements.

(1) The use is located within a zoning district in which sexually oriented businesses are specifically permitted as a special land use.

(2) The use is not located within a 1,000-foot radius of any other such use, measured in a straight line from the nearest lot line to the nearest lot line, except that such restrictions may be waived by the Township Board, if the following findings are made.

(a) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed.

(b) The proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.

(c) The establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation.

(d) All applicable state laws and local ordinances will be observed.

(e) Prior to the granting of any waiver as herein provided, the Township Board may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as may, in its judgment, be necessary for the protection of the public interest. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

(3) Parking spaces shall be provided at the ratio of one space per person permitted by the maximum occupancy load established by local, county, state, fire, health, or building codes.

(4) No adult use shall remain open at any time between the hours of 11:00 p.m. and 10:00 a.m. and no such use shall be open on Sundays.

(5) No alcohol shall be served at any adult use.

(6) No adult use shall permit any person under the age of 18 years to enter the premises. Signs shall be conspicuously posted noting that such minors are not allowed.

(7) All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one hour after closing each night.

(8) The use shall be located more than 500 feet from any residential district boundary, measured to the nearest lot line of the proposed use.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.176 BED AND BREAKFAST ESTABLISHMENTS.

(A) The establishment shall be serviced by adequate water and sanitary sewer services, as approved by the County Health Department.

(B) The establishment shall be located on property with direct access to a public street.

(C) No such use shall be permitted on any property where there exists more than one other bed and breakfast establishment within 750 feet, measured between the closest property lines.

(D) Parking shall be located to minimize negative impacts on adjacent properties.

(E) The number of guest rooms in the establishment shall not exceed seven.

(F) Exterior refuse storage facilities beyond what might normally be expected for a single-family dwelling shall be prohibited.

(G) Signs for bed and breakfast establishments shall be limited to one ground sign or one wall sign. A ground sign shall not exceed ten square feet in size, and must be set back at least five feet from all property lines. A wall sign shall not exceed 5% of the wall area to which it is attached.

(H) The establishment shall contain the principal residence of the operator.

(I) Accessory retail or service uses to a bed and breakfast establishment shall be prohibited, including, but not limited to, gift shops, antique shops, restaurants, bakeries, and so forth. Meals shall be served only to the operator’s family, employees, and overnight guests.

(Ord. passed 7-30-2015) Penalty, see § 155.999

§ 155.177 PRIVATE SCHOOLS, CHURCHES, AND THE LIKE.

(A) Such uses shall require a minimum lot size of two acres, except for parks and playgrounds, which shall meet the lot requirement of the district in which it is located.

(B) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

(D) Lighting for parking or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district.

(Ord. passed 7-30-2015)

§ 155.178 INTENSIVE LIVESTOCK OPERATIONS.

(A) Any intensive livestock operation (ILO) shall be located at least one mile from any other ILO, as measured from the nearest lot lines of each use.

(B) All buildings, structures, enclosed areas, or storage areas for wastes, feed, or other associated materials, associated with an ILO shall be located at least 200 feet from any lot line.

(D) All buildings, structures, enclosed areas, or storage areas for wastes, feed, or other associated materials, associated with an ILO shall be located at least 500 feet from any water body or floodplain.

(E) The ILO shall comply at all times with any applicable federal or state regulation.

(Ord. passed 7-30-2015)

§ 155.179 OPEN SPACE DEVELOPMENTS.

(A) It is the intent of this section to promote the goals of the Township Master Plan to permit the development of single-family dwellings in patterns that will:

(1) Protect rural character and productive agricultural lands;

(2) Minimize demand for public service;

(3) Encourage a more creative approach to single-family residential development than conventional land division and allow greater flexibility in the placement of units;

(4) Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, water bodies, and other natural assets;

(5) Reduce the number of driveways accessing county primary and local roads; and

(6) Encourage the provision of open space.

(B) The open space preservation developments shall be located on a minimum of ten contiguous acres.

(C) In the review of a proposed development under this section, the Planning Commission shall make the following findings.

(1) The intent of the open space preservation option, as set forth in this section, is met.

(2) The parcel contains natural assets that would be preserved through the use of open space development. These 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, and lakes); unusual topographic features; major topographic conditions which make development under normal zoning impractical; or other natural assets that would be preserved; or the parcel contains productive agricultural lands which would be preserved through the use of an open space development.

(3) Due to the size and shape of the parcel, utilization of the open space preservation option would result in the more creative and efficient use of the property and would not create a negative effect upon surrounding properties.

(D) All open space developments shall conform to the following site design requirements.

(1) When completed, the development shall have a minimum of 50% of area devoted to open space for the use and enjoyment of residents of the development or the public, as applicable, subject to the following standards:

(a) Designated open space shall remain either in its natural state and/or used for specifically designed recreational purposes;

(b) Designated open space may include area within the development setback as required by division (D)(2) below;

(c) Designated open space shall not include: rights-of-way or easements designated for road purposes, areas within lots, or land which is underwater (lakes, streams, water courses, and other similar bodies of water);

(d) The reservation of open space areas under this section shall be conditioned upon the recording of appropriate conservation easements or other instruments for the purpose of providing for long-term maintenance and preservation of common areas, open space areas, wooded areas, and/or other areas with natural resources or features to be preserved on the property. Any easement and/or other instrumentation shall be in a form and contain the content approved by the Township Attorney;

(e) Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access, through easements or other similar arrangements, such that all properties within the entire development may utilize the available open space; and

(f) Open space may be provided where significant natural features may be preserved and/or be used for passive or active recreation. Open space is encouraged to be located between neighborhood clusters of housing units.

(2) Development setback.

(a) Any BUILDING AREA, which, for the purposes of this section, shall mean the area within any lot lines on a lot on which a principal use is located, shall be located at least 200 feet from any public street right-of-way not constructed as part of the development.

(b) No native or natural vegetation shall be removed from the 200-foot setback, nor any grading or changes in topography occur, except that necessary for entrance roads, required utilities, or drainage improvements.

(c) The Planning Commission may modify this requirement provided the applicant demonstrates that the clearing of existing vegetation would contribute significantly to the intent of the open space development.

(d) The Planning Commission may reduce this setback if existing landscaping provides a natural screen, or the proposed development provides such a landscape screen. In any case, the setback shall be not less than 100 feet. The landscape screen shall meet all of the following minimum requirements:

1. Occupy at least 70% of the lineal distance of the property line abutting any public street right-of-way;

2. Have a depth of unoccupied land of at least 50 feet;

3. Have at least 50% opacity from the roadside view at the time of planting; and

4. Consist of existing vegetation, land forms, or landscaped areas using native or natural materials, or a combination thereof.

(e) Sites abutting more than one public street shall be permitted to reduce the setback on the shortest side of the abutting streets to 100 feet without a natural screen. No native or natural vegetation shall be removed from the 100-foot setback, nor any grading or changes in topography occur, except that as may be necessary for entrance roads or utilities.

(3) To provide an orderly transition of density when an open space development abuts a residential district of equal or lower density, the township may require open space along the common boundaries, screening in accordance with the requirements of this chapter, and/or an area or row of lots generally equal or nearly equal in size and character with neighboring residential lots.

(Ord. passed 7-30-2015)

§ 155.180 VEHICLE SALES.

(A) Location requirements.

(1) The minimum lot area shall be one acre and minimum lot width shall be 150 feet.

(2) The proposed site shall front on a paved primary road. All ingress and egress shall be either from the road or from an approved shared access drive to that road.

(3) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

(4) The main building shall be at least 30 feet from any property line.

(B) Buffering requirements.

(1) Any portion of the site immediately adjacent to a residential district shall be screened with a minimum five-foot fence or wall.

(2) A landscaped, planted open space of a minimum of ten feet in depth shall be provided along the full street frontage of the site.

(3) The Planning Commission may require a five-foot fence or wall to be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises.

(1) The site shall be kept in a neat and orderly fashion.

(2) The lot area used for parking shall be hard surfaced. All parking, display, or storage area shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water on site.

(3) Any vehicle stored or displayed outside of an enclosed building shall not be located within the required front yard, within 20 feet of any side or rear lot line, or occupy any required parking or maneuvering areas for vehicles. No vehicle which is inoperative shall be stored on the premises for more than one week. Inoperative vehicles must be screened from view from public streets or residential districts by a minimum six-foot obscuring fence.

(4) All repair, assembly, disassembly, or maintenance of vehicles shall occur within a closed building, except for minor maintenance, including tire replacement, adding oil, and wiper replacement.

(5) The facility shall meet all pertinent licensing requirements of the state, the county, and the township.

(Ord. passed 7-30-2015)

§ 155.181 PRIVATE HUNTING FACILITIES.

(A) The use of this facility is limited to use by the property owner and guests only during State of Michigan DNR scheduled hunting season.

(B) No rental, leasing, retail, or commercial uses are allowed.

(D) Any bathroom or kitchen must be connected to an approved sanitary system.

(E) Overnight occupancy is permitted, provided all safety and building codes are inspected and approved for use.

(F) Setback requirements must be met.

(G) Lot size is 15 acres or larger.

(Ord. passed 7-30-2015)

§ 155.182 PRIVATE DOCKS ACCESSORY TO NON-RESIDENTIAL USES.

(A) One dock or pier shall be permitted for each parcel.

(B) Docks or piers shall be used only by patrons of the premises and their guests, and shall not be leased, rented, or otherwise made available for compensation.

(D) All piers and docks allowed under this section shall meet all standards of the Township Zoning Ordinance.

(Ord. passed 7-30-2015)

§ 155.183 PRIVATE DOCK ON VACANT RESIDENTIAL PARCEL.

(A) One dock shall be permitted for each parcel.

(B) Dock and pier shall be used only by property owner and their guests.

(D) All docks and piers allowed under this section shall meet all standards of the Township Zoning Ordinance.

(E) Parcel considered for special use shall be under single ownership.

(F) This section is meant to avoid key holing or avoiding the need for a license for a marina.

(G) Multiple ownership lot: primary owner (i.e., first name on deed) shall be considered single owner and user of dock.

(Ord. passed 7-30-2015)

§ 155.184 RENTAL HALLS.

(A) The use shall be located on property with direct access to a public street.

(B) Any outdoor activity areas shall be set back a minimum of 50 feet from any residential district or use property line.

(C) Lighting for parking areas or outdoor activity shall be shielded to prevent light from spilling onto any residential or use property line.

(D) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(E) Applicant shall secure all necessary permits from township, county, and state authorities. Applications to the township shall include:

(1) The expected number of events per year;

(2) The maximum number of attendees per event (to be determined based on the size of the size of the venue);

(3) The number of employees (owner representatives to be present during events);

(4) Hours of operation. The hours of operation shall not exceed 12:00 a.m. including cleanup. Music shall end at 11:00 p.m.;

(5) Restroom provisions, including ADA compliant based on the maximum number of attendees;

(6) Proposed lighting for the structure and parking area shall be sufficient to provide safety without infringing on neighboring property;

(7) Sound amplification to be used only within the structure;

(8) Use of temporary structures or tents in conjunction with events;

(9) Proposed signage - shall comply with the township sign chapter (see Chapter 153);

(10) Security to be provided;

(11) Location of trash receptacles;

(12) Traffic management and parking plans; and

(13) Other documentation as required by township, county, and state officials, including a stamped copy of the state and township approved plans for the venue.

(Ord. 19-20, passed 8-6-2019)