Sparta Township City Zoning Code
SUPPLEMENTARY USE
REGULATIONS
§ 154.205 GENERAL.
In addition to the general regulations set forth in §§ 154.245 through 154.274, 154.285 through 154.290, 154.305 through 154.318, 154.330 through 154.338 and 154.395 through 154.403 of this chapter (and regulations contained elsewhere in this chapter), the following are specific regulations and design standards for uses listed in this subchapter, and shall be the minimum governing requirements for the protection of the public health, safety and general welfare of the community.
(Ord. passed 7-12-2012, § 8.1)
§ 154.206 MANAGED GROWTH, DEVELOPMENT AND AGRICULTURAL PRESERVATION; LIMITATIONS ON NON-AGRICULTURAL USES IN THE AG-1 ZONING DISTRICT.
In recognition of local, state and national policies toward preserving agricultural resources; and the fact that both the topography of the township and its various agricultural uses historically foster much of the area’s rural economic character and identity, the township hereby states its intent to preserve for agriculture, as much as possible, that land within its boundaries that is deemed to be prime agricultural soils, according to U.S. Soil Conservation Service criteria. Pursuant to this intent, a maximum density for non-agricultural dwellings is hereby established. In addition, controls and limitations shall also be imposed for all other non-agricultural uses.
(Ord. passed 7-12-2012, § 8.2)
§ 154.207 MAXIMUM DENSITY REQUIREMENTS AND DEPTH-TO-WIDTH RATIO FOR NON-AGRICULTURAL DWELLINGS IN THE AG-1 ZONING DISTRICT.
(A) Maximum number of lots.
(1) The maximum number of lots that may be created for new non-agricultural dwellings in the Ag-1 Zoning District, in addition to creating a lot for an existing dwelling unit pursuant to division (A)(2) below, shall be based on the gross area of the lot of record that is to be split, as listed in the following table:
Permitted Lot Split Table (“Sliding Scale”) | |
Area of Lot of Record | Maximum Additional Lots Permitted for New Dwelling Units |
Permitted Lot Split Table (“Sliding Scale”) | |
Area of Lot of Record | Maximum Additional Lots Permitted for New Dwelling Units |
Less than 10 acres | 0 |
10 - 19.99 acres | 1 |
20 - 39.99 acres | 2 |
40 - 59.99 acres | 3 |
60 - 79.99 acres | 4 |
80 or more acres* | 5* |
NOTES TO TABLE: *In addition to the 5 permitted additional lots, a lot of record of 80 or more acres is entitled to 1 additional lot for each increment of 20 acres in excess of 80 acres. (For example, a lot of record of 100 acres is entitled to a maximum of 6 additional lots, a lot record of 120 acres is entitled to a maximum of 7 additional lots, and so forth). | |
(2) In addition to the number of lots allowed under the table in division (A)(1) above, every farm in the Ag-1 Zoning District that contains a single-family dwelling existing before 8-8-2000 shall be allowed to split a lot from the lot of record and create a new lot for the existing dwelling. This new lot shall comply with § 154.273 of this chapter (except as provided in division (C) below), this section, and other applicable provisions of this chapter for dwellings in the Ag-1 Zoning District.
(3) No splits exceeding the number of splits permitted under divisions (A)(1) and (A)(2) above shall be allowed. After all permitted splits are made, the remaining portion of the lot of record may be used only for agricultural enterprises or other permitted uses excluding non-agricultural dwellings.
(4) A lot created for a new non-agricultural dwelling and the remaining portion of the lot of record for agricultural enterprise shall comply with § 154.273 of this chapter (except as provided in division (C) below), this section and other applicable provisions of this chapter.
(5) The above regulations shall not cause the lot of record to be split in such a manner that would violate the lot split provisions contained in the Land Division Act, Public Act 288 of 1967, as amended. Any provision of this chapter notwithstanding, the township is not responsible for any violations of this chapter or Ch. 151 of this code of ordinances.
(6) For purposes of this section, a LOT OF RECORD is a lot of record, as defined in § 154.006 of this chapter, which exists as of the effective date of this section of this chapter (8-8-2000). However, when two or more lots of record, as defined herein, are contiguous and under common ownership on the effective date of this section (8-8-2000), and the lots are subsequently combined into a single lot, the combined single lot shall constitute the “lot of record” for purposes of determining the maximum number of lots that may be created for new non-agricultural dwellings pursuant to this section.
(B) Depth to width ratio; minimum and maximum lot size. Each new lot created for a non-agricultural dwelling pursuant to divisions (A)(1) and (A)(2) above shall not have a depth of more than four times its width, shall have a lot size of not less than one acre and not more than two acres and shall have a minimum road frontage of 200 feet. These restrictions shall apply at the time of creation of the lot and thereafter and shall not be violated by the subsequent transfer of property to the lot from an adjacent parcel. For purposes of this section, the depth of a lot shall be measured within the boundaries of the lot from the abutting road right-of way to the most remote boundary line point of the parcel from the point of commencement of the measurement, excluding access roads or easements.
(C) Exception to minimum lot size; agricultural enterprises. If a lot of record of 48 acres or less is split to create a lot for a non-agricultural dwelling pursuant to this section, the minimum net building area for agricultural enterprises on the remaining portion of the lot of record shall be 80% of the area of the lot of record. This provision applies notwithstanding the minimum net building area for agricultural enterprises in the Ag-1 Zoning District in § 154.273 of this chapter. If a lot of record of more than 48 acres is split to create a non-agricultural dwelling pursuant to this section, the minimum net building area for agricultural enterprises on the remaining portion of the lot of record shall be 40 acres as provided in § 154.273 of this chapter.
(D) Monitoring lot splits. The township recognizes that proper administration of the “sliding scale” concept is important in meeting the intent of this chapter. The following procedures have been established to help ensure proper monitoring of lot splits.
(1) Concurrent with the adoption of this section of this chapter, an official map indicating existing lots of record, parcel numbers and land ownership shall be established along with an official register containing this information.
(2) An allotment of non-agricultural dwelling units possible under this chapter shall be made for each parcel in the Ag-1 Zoning District.
(3) As allotments are used up, the official map and register shall be updated to reflect these changes.
(4) The official map and register shall be maintained by the Township Clerk and copies made available for inspection by the public.
(E) Preexisting lots of record; non-agricultural dwellings.
(1) A new non-agricultural dwelling shall be permitted on a lot of record that:
(a) Existed as of 8-8-2000 is more than one acre and less than ten acres in size;
(b) Is not under common ownership with a contiguous lot that would create a lot of at least ten acres in size if the two lots were combined; and
(c) Complies with § 154.273 of this chapter.
(2) Except for a non-agricultural dwelling on a lot of record described in division (E)(1) above, a new non-agricultural dwelling shall not be permitted on any lot other than a new lot created for such purpose by a lot split permitted under division (A) above.
(3) The provisions of this division (E) shall apply notwithstanding any other provision of this chapter.
(F) Variation of maximum or minimum lot size - special use.
(1) Although in the Ag-1 Zoning District, the minimum lot size requirement for a farm or agricultural enterprise is generally 40 acres (§ 154.273 of this chapter), and the maximum lot size for a non-agricultural dwelling unit is two acres (pursuant to this section and § 154.273 of this chapter), certain unusual circumstances may arise that, with special use approval, could merit and justify the creation of a parcel for farm or agricultural uses under 40 acres or the creation of a new lot for a non-agricultural dwelling unit over two acres in size.
(2) If approved as a special use, the Planning Commission may authorize the creation of a new parcel under 40 acres in size for farm/agricultural uses or a parcel larger than two acres in size for a non-agricultural dwelling unit subject to the following conditions and requirements.
(a) For a lot of record, only one parcel under 40 acres in size can be approved as a special use for farm/agricultural use or one parcel over two acres in size can be approved for a non-agricultural dwelling unit. If that occurs, all other lots or parcels created from that lot of record shall fully comply with the minimum lot size requirements of § 154.273 of this chapter and any other ordinance requirements. No special use approval shall be granted by the Planning Commission if any other lot or parcel has already been split or divided off of the lot of record involved (since 8-8-2000).
(b) As a condition of approval of any such special use, all remaining permitted lot splits or land divisions for new non-agricultural dwelling units specified in division (E) above shall be extinguished and a permanent deed restriction may be placed on the property or properties involved to effectuate the extinguishment of such land division or split rights. Such deed restrictions shall be prepared at the expense of the applicant, be in a form and have language as approved by the Township Supervisor (or such other township official as may be designated by the Township Board), shall be signed and properly executed by all of the then-owners of the property involved, and shall be recorded with the county’s Register of Deeds’ records. No such split or land division shall occur until proof that such deed restriction has been recorded with the county’s Register of Deeds’ records has been provided to the township.
(c) In addition to the general standards for a special use contained in § 154.186 of this chapter, the Planning Commission shall also find that the following standards are also met before approving a special use hereunder:
1. The granting of such special use will not have an adverse impact upon remaining or adjoining agricultural properties or uses;
2. The non-agricultural dwelling and driveway shall be located so as to minimize or avoid conflicts between the residents of the proposed dwelling and nearby farmland and to have the least impact on the ability to farm the adjacent land taking into account odors, pesticide and fertilizer application noise from farm equipment operation and other activities normally associated with farming;
3. To the extent possible, the non-agricultural dwelling unit shall be located on land that is difficult or unlikely to be used for agricultural production due to soil types, poor drainage, wetlands, topography, woods or similar conditions;
4. The lot and driveway shall not have the effect of dividing the parent parcel land (original lot of record) into such isolated or small areas that these areas cannot feasibly be used for farming; and
5. Access to any agricultural use or property from the original lot of record shall not be impeded or obstructed.
(3) The proposal will not be contrary to the agricultural preservation goals for the Ag-1 Zoning District, pursuant to § 154.022 of this chapter.
(Ord. passed 7-12-2012, § 8.3; Ord. 2020-01, passed - -2020) Penalty, see § 154.999
§ 154.208 HOME OCCUPATIONS.
Home occupations, as defined in this chapter, are permitted as an accessory use as provided in § 154.247 of this chapter; provided that, all of the following regulations shall control.
(A) No other than members of the family residing in the dwelling shall be engaged in connection with such home occupation at the same time.
(B) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(C) There shall be no change in the outside appearance of the building, no variation from the residential character of the dwelling, and no visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the main building.
(D) No home occupation shall be conducted outdoors or in any accessory building.
(E) There shall be no sale of products or services, except as are produced on the premises by such home occupation.
(F) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(G) No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises if the occupation is conducted in a single-family dwelling. If conducted in other than a single-family dwelling, such nuisance shall not be detectable outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises.
(H) In particular, a home occupation can be, but is not limited to: art studio; dressmaking; teacher, with musical or dancing instruction limited to four to six pupils at a time; contractor's office; professional office or studio or a physician, dentist, author, artist, musician, lawyer, engineer, architect, community planner, realtor, accountant, one-chair salon or similar use; but shall not include animal hospital, automotive repair service, restaurant, tearoom, tavern or similar use.
(Ord. passed 7-12-2012, § 8.4; Ord. 24-1, passed 6-13-2024, § 1) Penalty, see § 154.999
§ 154.209 MEDICAL MARIJUANA.
(A) A registered primary caregiver, as defined by and in compliance with the general rules of the state’s Department of Community Health, Michigan Administrative Code, R 333.201 through R 333.203 (the “general rules”), the state’s Medical Marijuana Act, PA 2008, Initiated Law 1, being M.C.L.A. §§ 333.26421 et seq. (the “Act”), and the requirements of this section, shall be allowed as a home occupation.
(B) (1) Nothing in this section, or, in any companion regulatory section adopted in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from prosecution for growing, selling, consuming, using, distributing or possession of marijuana where otherwise prohibited by law.
(2) Since federal law is not affected by the Act or the general rules, nothing in this section or in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from criminal prosecution under federal law. The Act does not protect users, caregivers or the owners of properties on which medical use of marijuana is occurring from federal prosecution or from having property seized by federal authorities under the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq. or other applicable law.
(C) In addition to the regulations for all home occupations contained in this chapter, the following additional requirements for a registered primary caregiver shall also apply.
(1) The medical use of marijuana shall comply at all times and in all circumstances with the state’s Medical Marijuana Act and the general rules of the state’s Department of Community Health, as they may be amended from time to time.
(2) Not more than one primary caregiver per dwelling unit shall be permitted. The dwelling unit shall be the principal residence of the primary caregiver.
(3) Medical marijuana shall be delivered to the qualifying patient where the qualifying patient resides. Pick up of medical marijuana from the primary caregiver’s dwelling is prohibited. Transactions relating to compensation of costs associated with assisting a qualifying patient are prohibited from occurring at the primary caregiver’s dwelling.
(4) All medical marijuana shall be grown and contained within the dwelling unit, and such uses shall occur within the dwelling in an enclosed, locked facility inaccessible on three sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the township’s Building Official.
(5) A registered primary caregiver shall not display a sign associated with the home occupation.
(Ord. passed 7-12-2012, § 8.6) Penalty, see § 154.999
§ 154.210 RESEARCH AND DEVELOPMENT FACILITIES.
(A) A research and development facility is allowed if approved as a special use.
(B) The Planning Commission shall require the following design standards:
(1) The parcel of property for the proposed use is at least five acres in size;
(2) The ratio of total floor space counting all floors of all buildings to land area shall not exceed one-to-ten, but total floor area shall not exceed 100,000 square feet and floor area in any one building shall not exceed 200,000 square feet, but these requirements shall not apply to lawfully existing buildings as of the time of adoption of this chapter that are authorized for purposes allowed by this section, save the maximum limitation;
(3) All buildings shall be designed in such a way that they architecturally resemble farm type buildings, if located in the Ag-2 Zoning District;
(4) All parking and loading docks shall be within enclosed building(s) or placed or screened with trees, shrubbery or buildings such that cars or trucks parked there cannot be seen from any adjoining property or street;
(5) All activities shall be conducted within enclosed buildings;
(6) Property must be maintained, sprayed and traps placed such as to prevent any adverse effect upon surrounding agricultural property from any type of insect or disease;
(7) No noise, odor, gas, dust, vibration, glare, smoke or other substance of any degree shall emanate beyond the property lines of the lot upon which it is located;
(8) There will be no adverse effect upon property values to adjacent properties;
(9) There shall be a maximum of eight full-time employees at any one time per acre;
(10) All new utilities shall be placed underground;
(11) On-site signs must comply with the applicable sign regulations of this chapter; and
(12) Once approval is granted as provided herein, the research and development facility cannot be changed or used in any manner than would be contrary to any conditions made as part of the special use permit approval, nor contrary to the approved site plan.
(Ord. passed 7-12-2012, § 8.7)
§ 154.211 SANITARY LANDFILLS.
Sanitary landfills may be approved as a special use, but only when it is established that:
(A) There are no existing residential structures within 660 feet of the proposed landfill;
(B) The area in which the hazardous material is located must be completely surrounded by a six-foot high fence with a 12-inch barb wire barrier on the top and must be equipped with gates that can be locked;
(C) There must be layer of clay of a minimal thickness of five feet designed in such a way that all hazardous or liquid material are unable to escape beyond this barrier into surrounding ground. This barrier must also be of a bowl type design with sides of the thickness herein stated completely surrounding the hazardous material and/or liquid material mass on all sides. The liquid material and/or hazardous material mass may not be closer to the original ground level as existing prior to the construction of landfill than four feet. Said barrier shall be of such a low permeability so as to maintain integrity of the barrier for 500 years;
(D) Two test wells shall be drilled within 75 feet of area used directly for the placement of hazardous and liquid wastes; and shall be monitored and tested monthly for purity and copies of those tests shall be filed with the Township Clerk within 30 days of taking the samples. The monitoring and testing of these wells and filing of tests shall continue even after the site is no longer used; and
(Ord. passed 7-12-2012, § 8.8) Penalty, see § 154.999
§ 154.212 ANIMAL KENNELS.
Kennels, as defined by § 154.006 of this chapter, must comply with all of the following.
(A) All kennels shall be operated in conformance with all applicable state, county and local township regulations.
(B) All kennels must be inspected and approved by the county's Director of Animal Control (or successor agency) or his or her agents on an annual basis.
(C) Minimum lot size shall be two acres for the first four animals and one-third additional acre for each additional animal.
(D) Structures wherein animals are kept and exercise areas shall not be located within 100 feet of any occupied dwellings or any public buildings and shall not be located in any required yard setback.
(E) If dog kennel runs are made of concrete, they must provide adequate draining for sanitation. If sand or pea gravel is used, droppings must be picked up and disposed of promptly and the runs treated regularly with an effective disinfectant. Runs made of other materials require special approval from the Director of Animal Control.
(F) Such facilities shall also be subject to other conditions and requirements as may be deemed necessary by the state, county or township in order to ensure nuisance abatement (such as fencing, landscaping, screening, sanitary precautions and the like).
(Ord. passed 7-12-2012, § 8.9; Ord. 24-4, passed 9-12-2024, § 7) Penalty, see § 154.999
§ 154.213 ANIMAL HOSPITALS.
(A) The front yard setback for any principal or accessory structure shall be 75 feet from the front lot line. All other yard setbacks shall be at least 50 feet.
(B) All principal uses shall be conducted within a totally enclosed building.
(Ord. passed 7-12-2012, § 8.10) Penalty, see § 154.999
§ 154.214 DISPOSAL SITES FOR HAZARDOUS AND LIQUID MATERIALS.
Wherever proposed, a special use approval is required; however, no hazardous or liquid materials shall be placed or allowed to be placed within a disposal site or sanitary landfill by any individual(s), corporation, partnership, municipal corporation or other entity unless the provisions of §§ 93.20 and 93.21 of this code of ordinances are met and also the following requirements are met.
(A) There are no existing residential structures within 660 feet of the storage or disposal site.
(B) There is a uniform two to one by volume mix of sand to hazardous or liquid material prior to cover and the mix must be completed the same day the liquid or hazardous material is received.
(C) One hour before sundown each day, the hazardous or liquid material shall be covered with a four-inch dirt cover. Said cover must remain intact, and may not be used for later mix or any other purpose.
(D) The area in which the hazardous material is located must be completely surrounded by a six-foot high fence with a 12-inch barb wire barrier on the top and must be equipped with gates that can be locked.
(E) Hazardous or liquid materials may only be received at a sanitary landfill between the hours of 8:30 a.m. and 5:00 p.m.
(F) The gate to the area designated for liquid or hazardous wastes shall be locked at all times when the area is not open to receive such materials.
(G) The area in which the liquid or hazardous material is placed shall have watchmen or supervisors present 24 hours a day and shall be within said fenced area at all times and shall directly supervise the dumping of all such materials.
(H) There must be a layer of clay of a minimal thickness of five feet designed in such a way that all hazardous or liquid material are unable to escape beyond this barrier into surrounding ground. This barrier must also be of a bowl type design with sides of the thickness herein stated completely surrounding the hazardous material or liquid material mass on all sides. The liquid material and/or hazardous material mass may not be closer to the original ground level as existing prior to the construction of landfill than four feet. Said barrier shall be of such a low permeability so as to maintain integrity of the barrier for 500 years.
(I) There must be a PVC liner of 20 mil thickness between the barrier above provided for and the hazardous or liquid wastes.
(J) There must be a separation of at least 12 feet from the liquid or hazardous material mass and the highest point the water table has been within the last 50 years.
(K) (1) Two test wells shall be drilled within 75 feet of area used directly for the placement of hazardous and liquid wastes, and shall be monitored and tested monthly for purity and copies of those tests shall be filed with the Township Clerk within 30 days of taking the samples.
(2) The monitoring and testing of these wells and filing of tests shall continue even after the site is no longer used.
(L) When the area is no longer used for the disposal of liquid and hazardous materials, the area must be covered with at least four feet of cover and must be graded and planted with grass and must be in such a state as to be walked on without any sinking and usable for at least recreational activities.
(M) The hazardous or liquid materials shall not be placed or stored within 500 feet of any natural or artificial body of water or wetlands.
(N) Samples of all liquid or hazardous wastes shall be obtained before disposal and kept and their origin, date of receipt by landfill, quantity, pH level and chemical composition shall be disclosed along with the name of the material and this information shall be recorded and be compiled each month and a copy filed with the Clerk of the township.
(Ord. passed 7-12-2012, § 8.11) Penalty, see § 154.999
§ 154.215 AIRFIELDS OR LANDING STRIPS.
(A) An AIRCRAFT shall be defined as PERMANENTLY BASED at an airfield when it is continuously operated out of and based on such an airfield or landing strip for more than 45 continuous days, or when it is based at said airfield or landing strip for more than 90 days in any 12-month period. An aircraft that is inoperable or not currently licensed as airworthy, as that term is defined under the Federal Aviation Regulations, shall not be deemed permanently based, even if it is at said airfield or landing strip for more than 45 days continuous or 90 days in any 12-month period. Airfields or landing strips shall only be allowed within agricultural districts. All airfield or aircraft landing strips, at which there are permanently based aircrafts belonging to more than three different owners shall be allowed as a special use only after a report by the Planning Commission as to its effect on existing or future development in the zoning district.
(B) Prior to approval, the Planning Commission must determine that:
(1) Such use will not adversely affect existing or future development of the district;
(2) The take-off and landing pattern within 200 feet of the end of the runway does not pass over an occupied structure;
(3) The landing strip and areas upon which airplanes taxi are at least 50 feet from any property line;
(4) The safety of the citizens of the township is not adversely affected;
(5) The airport must be of such size, with the runways so located, that the operation thereof, in accordance with the standards and requirements of the Federal Aviation Administration, will not require limitation of the heights of structures on adjacent land to less than the height limit specifically prescribed for the district in which such land is situated; and
(6) Every land area used by any aircraft under its own power shall be provided with a dustless surface.
(Ord. passed 7-12-2012, § 8.12) Penalty, see § 154.999
§ 154.216 FARM LABOR HOUSING.
Farm labor housing is allowed as either a primary or accessory use in the agricultural zoning districts (Ag-1 and Ag-2). A special use approval is required, except as provided in division (H) hereof. In addition to § 154.186 of this chapter, the following specific standards, requirements and conditions shall also apply:
(A) Farm labor housing is required to comply with the Michigan Public Health Code being Act 368 of the Public Acts of Michigan of 1978, as amended, including any rules promulgated pursuant thereto.
(B) Occupants of the farm labor housing must be employed for farm or agricultural labor. Members of a qualifying occupant's immediate family may also reside in the farm labor housing with the working occupant even if those family members are not employed for farm or agricultural labor.
(C) Mobile homes may be used to provide such housing, but must meet the size limitations of the state and as provided in division (G) hereof. There shall be no more than five mobile homes per lot.
(D) Farm labor housing shall not be placed within 100 feet of a property line not adjacent to a public street and must be at least 75 feet from the public street right-of-way on which the property fronts. These limitations as to distance from a property line shall not apply to an area presently and lawfully used for farm labor housing at the adoption of this section, but in no case will an existing area used for farm labor housing be allowed to expand closer to any property line, which is within 100 feet.
(E) Farm labor housing may be permitted on a lot which contains a minimum of five acres and which complies with all other requirements of this section. For a principal use, such lot shall be adjacent to a lot being actively farmed and both lots shall be under the same or substantially similar ownership.
(F) Farm labor housing (and occupancy) shall not exceed 100 persons per lot.
(G) Minimum dwelling size requirements and density for farm labor dwellings shall fully comply with State of Michigan laws and requirements.
(H) Farm labor housing which is lawfully in existence as of the date that this section was added to the zoning code may be expanded without special use approval by up to 50% of lawful occupancy every ten years. Any new or expanded farm labor housing beyond that requires special use approval.
(I) The side yard setback for a farm labor dwelling may be reduced to ten feet where both the lot where the farm housing is located and the adjoining lot are owned by the same person or entity and the lots are lawfully combined.
(Ord. passed 7-12-2012, § 8.13; Ord. 2021-1, passed 7-8-2021) Penalty, see § 154.999
§ 154.217 HOTELS, MOTELS AND MOTOR COURTS.
(A) Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. Only one exit to the major thoroughfare shall be permitted.
(B) Where the front yard is used to provide access, a 25-foot wide greenbelt shall be provided and maintained along the front property line, except for driveway openings.
(C) Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.
(D) Where adjacent to a residential zoning district, refer to § 154.264 of this chapter.
(Ord. passed 7-12-2012, § 8.14) Penalty, see § 154.999
§ 154.218 BOWLING ALLEYS, INDOOR COMMERCIAL RECREATION AND SIMILAR USES.
(A) Public access to the site shall be located at least 75 feet from any intersection (as measured from the intersection of right-of-way lines to the edge of said access).
(B) The main and accessory buildings shall be located a minimum of 100 feet from any residential use.
(Ord. passed 7-12-2012, § 8.15) Penalty, see § 154.999
§ 154.219 OPEN-AIR BUSINESSES.
(A) Minimum lot area shall be one acre.
(B) Minimum lot width shall be 200 feet.
(C) Except in any agricultural zoning district, 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, except as provided otherwise in this chapter.
(D) An open air business shall comply with all applicable Health Department regulations regarding sanitation and general health conditions.
(E) Unless specifically waived by the Planning Commission, a building of not less than 500 square feet of gross floor area shall be constructed on the premises for the office use in connection with the subject open air business.
(F) The Planning Commission may, to insure strict compliance with any regulations contained herein and required as a condition of the issuance of a permit for an open air business use, require the permittee to furnish a surety bond executed by a reputable surety company authorized as to do business in the state, or in the sole discretion of the Planning Commission, a cash bond or letter of credit, in an amount determined by the Planning Commission hereunder. In fixing the amount of such security, the Planning Commission shall take into account the size and scope of the proposed open air business use, current prevailing cost of rehabilitating the premises upon default of the operator of the use, estimated expenses to compel the operator to comply by court decree and such other factors and conditions, as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.
(G) In addition to the above, for indoor-outdoor garden nurseries:
(1) The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the zoning district;
(2) All loading activities and parking areas shall be provided on the same premises (off-street); and
(3) The storage of any soil, fertilizer or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
(Ord. passed 7-12-2012, § 8.16) Penalty, see § 154.999
§ 154.220 GASOLINE SERVICE STATIONS (FILLING STATIONS).
(A) A special use approval is required.
(B) (1) All permanent storage of material, merchandise and equipment other than liquid fuel shall be within the building.
(2) Accessory buildings shall not be permitted.
(3) All lubrication, repair and servicing equipment shall be within the building.
(4) All repair work shall be done within the building.
(5) The storage of automobiles for a period in excess of 24 hours, unless the vehicle is enclosed within the building, is prohibited.
(6) The premises shall not be used for the sale of used or new vehicles.
(C) (1) No service station shall be erected within 25 feet of any residential area or dwelling. For screening, refer to § 154.265 of this chapter.
(2) Curb cuts shall not exceed 30 feet at the property line.
(3) Exterior lighting shall be so arranged as to reflect away from every adjacent property. There shall be no flashing or revolving lights.
(4) The minimum public road frontage shall be 140 feet and the minimum lot area shall be 15,000 square feet.
(5) The building shall be set back a minimum of 40 feet from every property line, and not less than 25 feet from any side or rear lot line adjoining a residentially zoned district.
(6) Driveways shall be a minimum of 20 feet from street intersections; said distance to be measured from the point of intersection of intersecting street rights-of-way. No driveway shall be located nearer than 20 feet to any residential property and shall be a minimum of ten feet from any abutting properties.
(7) Pump islands shall be located a minimum of 15 feet from any property line or public right-of-way.
(8) Driveways, service areas and parking areas shall be provided with pavement having an asphaltic or cement binder so as to provide a permanent, durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulated within the area.
(Ord. passed 7-12-2012, § 8.17) Penalty, see § 154.999
§ 154.221 CAR WASH ESTABLISHMENTS.
(A) Minimum lot size shall be 10,000 square feet.
(B) All washing activities must be carried on within a building.
(C) Vacuuming activities may be carried out only in the rear yard and at least 50 feet from any adjoining residential use.
(D) The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.
(Ord. passed 7-12-2012, § 8.18) Penalty, see § 154.999
§ 154.222 CONVALESCENT OR NURSING HOMES FOR SEVEN OR MORE PERSONS.
All provisions of the zoning district in which the use is allowed shall be met. In addition, the following minimum requirement must also be met. Where the following specific requirements impose greater restrictions upon the height of buildings, require greater lot areas, yards, floor areas, lot widths or parking ratios than are generally required in the respective zoning district, the provisions of this section shall control.
(A) Height. No building shall exceed a maximum of two and one-half stories or 35 feet in height, whichever is less.
(B) Front yards. No building shall be located closer than 35 feet to any street right-of-way.
(C) Side yard. No building shall be closer to any side lot line than 25 feet.
(D) Rear yard. There shall be a rear yard of at least 40 feet.
(E) Floor area. There shall be a minimum usable floor area of at least 250 square feet per patient.
(F) Lot area. There shall be a minimum lot area of 2,000 square feet for each patient and employee; provided, however, that, no lot shall contain less than 10,000 square feet.
(G) Lot width. No lot shall be less than 130 feet in width.
(I) Screened. Each care facility shall be adequately screened from adjacent properties by a fence or planted strip so as not to be a detrimental influence upon the surrounding area.
(J) Sufficient size. All care facilities shall contain a basement sufficient in size to accommodate all residents and employees during periods of high winds or tornados.
(K) Approved site development plan. An approved site development plan shall be required.
(L) Residing in basement. No resident of any care facility shall be housed in a basement.
(M) Inspections. Facilities shall be inspected by the Fire Chief, who shall furnish a report concerning his or her findings.
(N) Density. No care facility shall be located within 1,500 feet of another care facility.
(Ord. passed 7-12-2012, § 8.19) Penalty, see § 154.999
§ 154.223 GOLF COURSES AND COUNTRY CLUBS.
(A) Minimum lot size shall be 40 acres.
(B) A shelter building with toilet facilities shall be provided that meets all requirements of the county’s Health Department.
(C) The main and accessory buildings shall be set back at least 75 feet from all property lines.
(Ord. passed 7-12-2012, § 8.20) Penalty, see § 154.999
§ 154.224 CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS.
(A) Minimum lot size shall be three acres. The lot shall provide direct vehicular access to a public street or road. The term lot shall mean a campground or recreation vehicle park.
(B) Each site on a lot designated for camping use may accommodate a recreation vehicle or tent and shall be provided with individual electrical outlets and with individual bar-b-que facilities.
(C) Public stations, housed in all-weather structures, containing adequate water outlet, toilet, waste container and shower facilities shall be provided uniformly throughout the lot at a ratio of not less than one such station per each 20 sites.
(D) Each lot containing more than 60 sites shall provide a masonry building containing machine laundry (wash and dry) facilities.
(E) No commercial enterprises shall be permitted to operate on the lot; except that, a convenience goods shopping building may be provided on a lot containing more than 80 sites.
(F) Each lot shall provide a hard surface, dust-free vehicle parking area for site occupant and guest parking. Such parking area shall be located within 400 feet of the site it is intended to serve (except in the case of sites specifically designated only for tent camping), each parking space shall be 200 square feet in area and parking spaces for two vehicles shall be provided on each site.
(G) Each site shall contain a minimum of 1,500 square feet, except that the minimum size for sites specifically designated for tents shall be 3,000 square feet. Each site shall be set back from any public right-of-way or property line at least 75 feet, and from any private street at least 40 feet.
(H) A common use area shall be provided on each lot at a ratio of not less than 1,000 square feet of such area per each site. This common area shall be developed by seeding, landscaping, picnic tables, bar-b-que stands and passive recreation equipment (such as, swings, horseshoe pits, shuffleboard courts and the like) for the general use of all occupants of the entire lot.
(I) Each recreation vehicle site shall have direct access to a hard surfaced, dust free roadway of at least 24 feet in width for two-way traffic and 12 feet in width for one-way traffic. Parking shall not be allowed on any roadway. Public streets shall be paved with asphaltic concrete. Sites specifically designated and used for tent camping, need not have direct vehicular access to any street or road but shall be provided with adequately cleared and marked pedestrian pathway access that originates at a point on a street or road within 200 feet of the parking area mentioned above.
(J) Any open drainageways must have seeded banks sloped at least three-to-one and designed to properly drain all surface waters into the county drain system, subject to approval by the county’s Drain Commissioner.
(K) All sanitary facilities shall be designed and constructed in strict conformance to all applicable county health regulations.
(L) The development of the entire lot is subject to all applicable requirements of the Department of Natural Resources.
(M) A minimum distance of 15 feet shall be provided between all recreational vehicles and tents.
(N) Fences and greenbelts shall be required by the Planning Commission. The location of common use areas, roadways, streets and buildings shall be subject to approval by the Planning Commission.
(Ord. passed 7-12-2012, § 8.21) Penalty, see § 154.999
§ 154.225 JUNKYARDS.
(A) A special use approval is required. In addition, the following more restrictive provisions shall take control above all other local provisions relating to setbacks, screening and the like. Furthermore, all junkyards and facilities shall be established and maintained in accordance with all applicable state of state statutes. If any of the following requirements are in conflict or at variance with applicable state statutes, the more restrictive or higher standard shall control.
(B) (1) The site shall be a minimum of five acres.
(2) Minimum required setback from any public street or road and any exterior lot line shall be 100 feet.
(3) The front yard shall be planted with evergreens and shrubs to minimize the appearance.
(4) A solid fence or wall at least eight feet in height must be located along the setback lines of the entire junkyard site in order to screen the use from all abutting public streets or roads and from all adjacent properties.
(5) All activities shall be confined within the fenced in area. There shall be no stocking of material above the height of the fence or wall; except that, movable equipment used on the site may exceed the wall or fence height. No equipment material, signs or lighting shall be used or stored outside the fencing area.
(6) No open burning shall be permitted and all industrial processes involving the use of equipment of cutting, compressing or packaging shall be conducted within a completely enclosed building.
(7) Wherever the side or rear lot line of such use abuts a residential use or a residential zoning district, refer to § 154.264 of this chapter.
(8) The site shall not be located within 500 feet of an existing residence or any residential district.
(9) For removal or storage of liquids, see § 154.226 of this chapter.
(Ord. passed 7-12-2012, § 8.22) Penalty, see § 154.999
§ 154.226 REMOVAL AND STORAGE OF LIQUIDS.
(A) All vehicles that are brought into a junkyard as defined herein shall within 48 hours of having been brought onto the premises be inspected. The inspection shall be to determine if there are any liquids leaking from the vehicles. If there is any leaking of any liquids, all liquids, including, but not limited to, antifreeze, water, gasoline and oil shall be removed from any such vehicles, or the vehicles shall be immediately repaired to permanently prevent all leakage. In the event any vehicle is brought into a junkyard that has any damage affecting the engine or drive train, then all such liquids shall be immediately removed from such vehicle and brought into the premises. Removal of all such liquids shall be done within a completely enclosed building. Gasoline may be removed from vehicles outside of an enclosed building in an area that is designated for such removal. The area must meet all the minimum yard requirements for a building.
(B) The building area designated for removal of gasoline shall have a concrete, reinforced floor at least four inches thick and shall have concrete dikes or other similar type structures that will not allow any such liquids removed from vehicles to escape the building or the area designated for the removal of gasoline. The concrete floor dikes and other similar structures shall be maintained and constructed so that any such liquids cannot escape the building or the area designated for the removal of gasoline into the soil beneath or adjacent to such building or the area designated for the removal of gasoline and shall include water stops at joints, floors and dikes. Any water or any other liquids that go on to the floor shall be removed and disposed of in accordance with all state and federal statutes and regulations.
(C) All such liquids when on the premises shall be stored in leak-proof tanks that must be constructed and maintained such that the liquid cannot escape such tanks. All such tanks shall be below the surface of the ground in cradle in a concrete lined pit.
(D) Tanks for the storage of any such liquids shall be located at least ten feet from any wall or foundation of a building and 50 feet from any property line. Tanks shall not be located under any building. A distance of at least five feet shall be maintained between tanks in multiple tank installations. The concrete floor and walls of the pit in which any such tank is located shall be at least six inches thick. The concrete floor and walls shall be constructed and maintained so that any such liquids cannot escape into the soil beneath or adjacent to the pit and shall include water stops at joints. Any liquids that go into the floor of the pit shall be removed and disposed of in accordance with all state and federal statutes and regulations.
(E) One foot to four feet under any building used for the removal of such liquids under any concrete lined pit in which such storage tanks are placed, and under any area designated for the removal of gasoline, there shall be installed the following:
(1) At least four inches in diameter PVC, concrete or similar material culvert-type pipe all connected and laid out so that the pipe is immediately adjacent to the entire foundation of the building or area designated for the removal of gasoline or concrete lined pit and has lines of such pipe running parallel to the longest side of the building or area designated for the removal of gasoline or concrete lined pit every 20 feet or portion thereof of the width of the building or area designated for the removal of gasoline or concrete lined pit.
(2) All such pipe shall be perforated with one-quarter-inch holes spread 12 inches apart on two sides of the pipe and installed such that such holes are not on the top or bottom of the pipe when installed.
(3) All such pipe shall be surrounded on all sides by at least nine inches of one-half inch washed stone or pea gravel.
(4) On each side of the building and on at least two sides of the concrete lined pit or the area designated for the removal of gasoline, the pipe shall be extended to the surface of the ground and capped flush with the ground level with a screw-type cap. If the top of the pipe passes through concrete or asphalt or in an area used for vehicle traffic, it shall be located in a sleeve (manhole ring) with a cover for protection against vehicular damage and settlement. The cap to the pipe shall not be located inside any building and shall be accessible at all times.
(5) The pipe shall not be connected to any other pipes and must be sealed and capped, save for the perforations required herein but may also act as a footing drain system and be connected to a sump pump.
(6) Immediately under the building and tanks, there shall be a layer of clean sand and/or gravel and immediately thereunder a leak-proof liner made of a synthetic material of at least 60 mil thickness that will not deteriorate when placed in contact with such liquids. The liner shall be installed such that is slopes to any of the pipe herein required and then goes immediately under the pipe herein required.
(7) In the alternative to providing the leak-detection system herein stated under the tanks, a tank within a tank may be used provided a stand pipe similar to that required above is installed so as to enable detection of any leak within the inner tank. In the event any leak is detected in the inner tank, the tank shall either be repaired or replaced.
(8) The township, through the Zoning Administrator or Township Supervisor, may, at its or their discretion, require that the owner and/or occupant of the premises used as a junkyard submit to the township during each calendar year a chemical analysis of the water in the pipes described herein, which such analysis shall include, but not be limited to, a determination as to the presence of any oils, gasoline, grease, motor antifreeze and alcohol or other distillates and petroleum products. The Township Zoning Administrator, Township Supervisor or other individual designated by the township may at their discretion take samples of the water in the pipe described herein or of the tank within a tank at any time to determine if any of the liquids herein described have escaped into the ground or from the inner tank.
(9) Prior to the removal of any such liquids from any vehicles or the placing of any such liquids in the storage tanks, the owner and/or occupant of the premises shall have a chemical analysis done of the water in said pipes to determine a baseline level for such liquids, which shall be filed with the Township Clerk prior to the use of the buildings or tanks. Failure to do such chemical analysis shall create a presumption that the level of any such liquids found at a later date resulted from a leak of the tanks or a failure to properly contain such liquids as required herein. In the event any such analysis determines that there is any level of such liquids above the baseline level or if there was no baseline level determined, then any level whatsoever, then the township, in its discretion, may require the owner of the subject property to conduct a hydrogeological study by registered engineers to be conducted of the subject premises to determine if the ground water is being contaminated by any such liquids.
(Ord. passed 7-12-2012, § 8.23) Penalty, see § 154.999
§ 154.227 OFFICE DEVELOPMENTS (TWO OR MORE STRUCTURES).
(A) A special use and site plan approval by the Planning Commission are required.
(1) Exterior walls of opposite or adjacent buildings shall be located no closer than one and one- half times the height of the higher building wall, but in no case closer than 50 feet.
(2) Buildings shall be so located and arranged that all structures have access to emergency vehicles.
(3) Maximum lot coverage upon lot shall not exceed 60%, including accessory uses and structures (off-street parking and the like).
(4) The ratio of total floor area to lot area shall not exceed one.
(Ord. passed 7-12-2012, § 8.24) Penalty, see § 154.999
§ 154.228 SHOPPING CENTER AND DEPARTMENT STORE DEVELOPMENTS.
(A) In order to provide for and encourage the development of long-term grouped retail sales and service establishments at logical and sound locations within the township, planned shopping centers and department store developments may be approved by special use (together with site plan approval) by the Planning Commission in the C-1, General Commercial District.
(B) Shopping center and department store developments are hereby defined as a retail commercial establishment, or group of retail commercial establishments, with a total gross sales floor area of 70,000 square feet or more, and which is planned, developed, owned and managed as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area to which the unit serves.
(1) (a) The applicant shall furnish a statement of economic justification and need for the establishment of a development of the type and size proposed by the applicant; to be submitted in a market analysis report by recognized, reputable market analyst. The statement and report shall be based upon, but not limited to, such factors as the trade area of the community, travel time from various parts thereof to the proposed site, general development trends, economic trends and disposable income characteristics of the area, anticipated sales volume to be captured, impact upon existing competing commercial facilities and other data and analysis related to the need for and feasible success and stability of the proposed center.
(b) This requirement is intended to protect the township and area merchants from the untimely and over-development of retail sales and service establishments that could prove highly injurious to the community welfare.
(2) A traffic study and analysis prepared by qualified experts indicating the circulation impact of the proposed development on adjacent streets and roads shall accompany the required site plan.
(3) Interior circulation and parking layout shall be shown on the site plan, along with the locations of traffic safety signs and accessory lighting structures.
(4) Architectural profiles of the development showing ground level perspectives, scale and massing from all road frontage shall be submitted.
(5) Proposed site shall derive access from a major thoroughfare only.
(6) Maximum lot coverage upon lot shall not exceed 70%, including accessory uses and structures, buildings and off-street parking and loading.
(7) The ratio of total floor area to lot area shall not exceed point three zero.
(8) A performance guarantee is required.
(Ord. passed 7-12-2012, § 8.25) Penalty, see § 154.999
§ 154.229 PLANNED INDUSTRIAL PARKS.
(A) In order to facilitate the growth of employment and to ensure a viable tax base for the township and to prevent the conflicts of incompatible industrial uses, planned industrial parks require special use and site plan approval by the Planning Commission in the I-1 and I-2 Districts.
(B) An INDUSTRIAL PARK is hereby defined as a tract of land laid out in accordance with an overall plan that is designed and equipped to accommodate a cluster of wholesale commercial and industrial activities, providing them with all necessary facilities and services in an attractive, park-like surrounding.
(1) In addition to a required site plan, all proposed planned industrial parks (public and private) shall first have an overall plan detailing the development concept, the spatial arrangement of site and structures and phased implementation and development, thereof.
(2) Exterior walls of adjacent buildings shall be located no closer than one and one-half times the height of the higher building wall, but in no case closer than 50 feet.
(3) The regulations of § 154.230 of this chapter shall be observed.
(4) The floor area of any one building shall not exceed 45,000 square feet.
(5) Maximum lot coverage shall not exceed 70%, including buildings, structures, accessory uses and off-street parking and loading.
(6) The ratio of total floor area to lot area shall not exceed one.
(7) A performance guarantee is required.
(Ord. passed 7-12-2012, § 8.26) Penalty, see § 154.999
§ 154.230 INDUSTRIAL PERFORMANCE STANDARDS (RESTRICTIONS ON THE CREATION OF DANGEROUS AND OBJECTIONABLE ELEMENTS).
It shall be unlawful to carry on or permit any activity or operation or use of land, building or equipment within the I-1, I-2, C-1 and C-2 Districts that produces irritants to the sensory perceptions greater than the measures herein established that are hereby determined to be the maximum permissible hazards to humans or human activities.
(A) Sound. The emission of measurable noises from the premises shall not exceed 65 decibels as measured at the boundary property lines; except that, where normal street traffic noises exceed such level, the measurable noise emanating from the premises may equal, but not exceed such traffic noise. Within industrial districts, sound levels not exceeding 70 decibels may be permitted. In addition, objectionable sounds of any intermittent nature, or characterized by high frequencies even if falling below the aforementioned decibel reading shall be controlled so as not to create a nuisance or hazard to adjacent properties. Above decibel rates shall refer to the commonly called A-scale.
(B) Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of three-thousandths of one inch measured at any lot line of its source.
(C) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clear air or as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(D) Toxic gases. The escape of, or emission of any gas that is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated.
(E) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.
(F) Light. All lighting shall be arranged to reflect light away from adjoining residential zones or uses.
(G) Radioactive materials. Radioactive materials shall not be emitted so as to be unsafe to human health or life.
(H) Electromagnetic radiation. The rules and regulations of the Federal Communications Commission, as amended with respect to the propagation and dissemination of electromagnetic radiation must be followed and are hereby made a part of this chapter.
(I) Drifted and blown material. The drifting or airborne transmission beyond the lot line of soot, particles or debris from any stockpile shall be unlawful and may be summarily caused to be abated.
(J) Smoke, dust, dirt and fly ash.
(1) It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator for a period or periods aggregating more than two minutes in any one-half hour that is:
(a) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines and that is hereby made a part of this chapter. The Umbrascope readings of smoke densities, however, may be used when correlated with the Ringelmann Chart; and
(b) Of such opacity as to obscure an observer’s view to a degree equal to or greater than the smoke described in division (J)(1)(a) above, except when the emission consists of only water vapor.
(2) The quantity of gas-borne or air-borne solids shall not exceed two-tenths grains per cubic foot of the carrying medium at a temperature of 500°F.
(K) Liquid wastes. No discharge shall be permitted at any point into any private sewage disposal system, or street, or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except when in accord with water quality standards of the state’s Water Resources Commission, adopted by state legislature and administered by the state’s Department of Natural Resources; and with the standards of such other state commissions having jurisdiction thereof.
(Ord. passed 7-12-2012, § 8.27) Penalty, see § 154.999
§ 154.231 SPECIAL EVENTS IN AG-1 AND AG-2 ZONING DISTRICTS.
(B) The parcel on which the event is to take place shall contain a minimum of ten acres with a minimum of 200 feet of lot width.
(C) The parcel shall contain an occupied single-family dwelling.
(D) The applicant shall submit the following to the township as part of the application:
(1) A written description of:
(a) The types of events to be held;
(b) The frequency of events;
(c) Hours of operation;
(d) Provision for restroom facilities;
(e) Security and traffic control measures;
(f) Tents or other shelters to be erected;
(g) Sound system; and
(h) Other operational characteristics of the event.
(2) Ten copies of an accurate drawing shall be submitted illustrating the location of the parcel within the township, lot lines, setbacks of existing and proposed buildings, location and dimensions of the parking area, the width and location of access drives, location of exterior lights, event area, any tents or canopies to be used, distance to nearest dwelling unit off site and other relevant features of the site and the use as may be required by the Planning Commission; and
(3) Proof of liability insurance.
(E) The Planning Commission shall review the application and site drawing to confirm that the operation is designed to ensure the safety of users and that the use will not have a detrimental effect on nearby residents and property and will meet the special use approval standards of § 154.186 of this chapter as applicable.
(F) In approving the use the Commission may attach conditions in accordance with the provisions of § 154.187 of this chapter including limiting the hours of operation and frequency of the use in order to protect nearby land uses. Failure to comply with the conditions of approval may result in the termination of the special use by the Planning Commission following a public hearing.
(Ord. 15-02, passed 2-12-2015) Penalty, see § 154.999
§ 154.232 MANDATORY PLANNED UNIT DEVELOPMENTS.
Please see § 154.275 of this chapter.
(Ord. 2022-1, passed 1-13-2022, § 8.30)
§ 154.233 WINERIES, MICRO-BREWERIES, AND DISTILLERIES.
(A) Winery, micro-brewery, and distillery establishments shall primarily sell products produced on the same premises as the winery, micro-brewery, or distillery or on land under the control, or permitted to be used by, the person producing the beverages.
(B) Sales of wine by the glass in a tasting room is allowed pursuant to the minimum requirements of the Michigan Liquor Control Commission rules and related Michigan Department of Agriculture permits regarding the sales of food for on-premises consumption. The Liquor Control Commission and the Michigan Department of Agriculture shall control licenses and compliance.
(C) In conjunction with the sale of wine, beer and other spirits produced on site, the sale of agricultural products grown primarily on the premises on land under the control of the person selling such products; the sale of agricultural products may also include the limited, subordinate sale of agricultural products grown off the premises by the person selling the products on the premises.
(D) Winery, micro-brewery, and distillery tours shall be permitted.
(E) The building containing the winery, micro-brewery, or distillery and other buildings open to the public shall be setback a minimum of 100 feet from any lot line that abuts a parcel zoned residential or a parcel containing a residential use. Other setback requirements shall be as set forth for the applicable principal and accessory uses in the Ag-1 Zone.
(F) Any buildings constructed for the winery, micro-brewery, or distillery that are open to the public shall be subject to the requirements of the Township Building Code in order to ensure the safety of the public.
(G) All parking shall be on site and shall comply with the requirements for uses selling agricultural products per Column 5 of the Table of Use Regulations. The required parking areas need not be paved.
(H) One ground-mounted sign is permitted, not to exceed 32 square feet in size and ten feet in height above grade, and shall be setback a minimum of 25 feet from all lot lines. The sign may be lighted, but an electronic reader board sign is not permitted. All other regulations of § 154.380 shall be applicable.
(I) An accurate drawing, illustrating the location of the parcel, lot lines, setbacks of existing and proposed buildings, location and dimensions of the parking area, the width and location of access drives, the location of exterior lights, the floor plan of the processing and retail area, the event area and other relevant features of the site and the use, shall be submitted to the Zoning Administrator, who shall review the drawing and make necessary and practical recommendations to ensure that the use is designed to ensure the safety of patrons entering, on, and leaving the site.
(J) The applicant shall also provide evidence of compliance with all state and county health department requirements for wineries, micro-breweries, or distilleries to the Zoning Administrator before the winery, micro-brewery, or distillery is open to the public.
(Ord. 23-4, passed 2-9-2023)
§ 154.234 RETAIL GARDEN NURSERIES AND GREENHOUSES IN THE AG-1 ZONING DISTRICT.
Any retail garden nursery or greenhouse in the Ag-1 Zoning District shall require special use approval and shall be subject to all of the following provisions and requirements:
(A) Retail garden nurseries and greenhouses in the Ag-1 Zoning District shall primarily sell products produced on the same premises as the retail garden nursery or greenhouse, or on land under the direct control of the owner of the retail garden nursery or greenhouse.
(B) Any retail garden nursery or greenhouse authorized shall produce at least 50% of all of the products sold on the premises. Upon request by the Zoning Administrator or other designated township official, the owner of the retail garden nursery or greenhouse shall supply records to the township to provide proof that at least 50% of all of the products sold at the retail garden nursery or greenhouse are produced on the same premises as the retail garden nursery or greenhouse, or on land under the direct control of the owner of the retail garden nursery or greenhouse.
(C) Products allowed to be sold by retail garden nurseries and greenhouses shall be limited to the following:
(1) Products that are grown, including but not limited to, trees, flowers, and vegetables; and
(2) Garden supplies, including but not limited to, hand tools, lawn ornaments, mulch, and compost.
(D) The following items and products are prohibited to be sold by retail garden nurseries and greenhouses:
(1) Motorized equipment, including but not limited to lawn mowers, woodchippers, and rototillers;
(2) Large items, including but not limited to sheds, trailers, and gazebos;
(3) Any items not designed or intended solely for use in gardening; and
(4) Any marijuana product.
(E) Maximum lot coverage shall not exceed six acres, including buildings, paved or cement areas, structures, accessory uses and off-street parking and loading.
(F) Retail garden nurseries and greenhouses are restricted to operating hours between (and including) 9:00 a.m. and 7:00 p.m. Monday through Saturday, and operating hours between (and including) 9:00 a.m. and 6:00 p.m. on Sundays.
(G) Retail garden nurseries and greenhouses may only operate six out of seven days per calendar week.
(H) Retail garden nurseries and greenhouses are restricted to operating between (and including) April 1 and October 31.
(I) Any retail garden nursery or greenhouse in the Ag-1 Zoning District shall be located and designed to protect prime agricultural land. When determining the impact on prime agricultural land, the Planning Commission's review shall include, but not be limited to, the following characteristics of the lot involved: soil types, topography, and location on the subject property.
(J) Any retail garden nursery or greenhouse in the Ag-1 Zoning District shall not sell any invasive plants as identified by the Michigan Department of Natural Resources or its successor organization.
(K) All parking shall be on site and shall comply with the requirements for uses selling agricultural products per Column 5 of Appendix A: Table of Use Regulations. The required parking areas need not be paved.
(Ord. 24-6, passed 1-11-2024, § 2)