Three Oaks Township, MI Zoning Ordinance

Three Oaks Township
City Zoning Code

ARTICLE XV

Special Uses

§ 380-15.01 Purpose.

"Special uses" are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but have characteristics or locational qualities which require individual review and discretion in order to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this chapter is to establish equitable procedures and criteria that shall be applied in the determination of requests to establish special uses. The criteria for decision and requirements provided for under the provision of the chapter shall be in addition to those required elsewhere in this chapter that are applicable to the special use under consideration.

§ 380-15.02 Application procedures.

An application for permission to establish a special use shall be submitted and acted upon in accordance with the following procedures:

Application. Applications for a special use are requested to be submitted 20 days prior to the next scheduled Planning Commission meeting through the Zoning Administrator, who will review the application for completeness, then transmit the application to the Planning Commission. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the Township Board to cover the costs of processing the application. No part of this fee shall be refundable.

Required information. An application for a special use permit shall be accompanied by the following documents and information:

(1)

An application form, supplied by the Zoning Administrator, which has been completed in full by the applicant.

(2)

A site plan, as specified in Article XVI, Site Plan Review.

Public hearings. Upon receipt of an application for a special land use that requires a decision of the Planning Commission, a notice that a request for special land use approval has been received, and a public hearing shall be scheduled with notice provided pursuant to § 380-21.06.

Planning Commission review and approval. Within a reasonable time following the public hearing, the Planning Commission shall review the application for a special use, comments received at the public hearing, the site plan, and other materials submitted in relation to the application, and deny the application, approve the application, or approve the application with conditions. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, in the form of findings and conclusions, and report any conditions imposed. The decision of the Planning Commission on the special use application shall be made in accordance with the criteria for approval stated in this article.

[Amended 9-20-2017 by Ord. No. 6B]

§ 380-15.03 Basis of determination.

Prior to approval of a special use application, the Planning Commission shall ensure that standards specified in this article, as well as applicable standards established elsewhere in this chapter, shall be satisfied by the completion and operation of the special use under consideration.

General standards. The Planning Commission shall review the particular circumstances of the special use application under consideration in terms of the special use standards, and shall approve a special use only upon a finding in compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter.

(1)

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

(2)

The special use shall not change the essential use of the surrounding area.

(3)

The special use shall not be hazardous to adjacent property, or involve uses, activities, materials, or equipment which will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes or glare.

(4)

The special use shall not place demands on public services and facilities in excess of current capacity.

(5)

The special use is in compliance with the Three Oaks Township Master Plan.

Conditions. The Planning Commission may require reasonable conditions in conjunction with approval of a special land use. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure the compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desired manner.

Termination. If any special use is not utilized within one year of the date of approval by the Planning Commission, is discontinued through vacancy of the premises, lack of operation or otherwise for a continuous period of one year or if it is conducted contrary to conditions or other ordinance imposed by the Planning Commission, then the special use shall lapse and be null and void. Future use of said property shall conform in its entirety to the provisions of this chapter; however, the Planning Commission, for good cause, may grant an extension for time to comply or to continue the special use if, in its judgment, such extension is necessary in order to avoid injustice or undue hardship to the owners of the property.

§ 380-15.04 Specific standards for special uses.

In addition to the general review standards set forth in § 380-15.03, the Planning Commission shall apply any specific review standards set forth in this article for any named special use. In the event this article does not set forth specific review standards for the special use under consideration, pursuant to § 380-12.20, the Zoning Administrator may propose, and the Planning Commission may incorporate, specific review standards for such use; provided, however, that any such standards adopted and any such conditions applied shall conform with the requirements of § 380-15.03B herein.

§ 380-15.05 Accessory dwelling.

(Reserved)

§ 380-15.06 Adaptive reuse.

(Reserved)

§ 380-15.07 Adult uses.

Purpose and intent.

(1)

The purpose and intent of this section is to deal with the regulation of adult businesses (as well as the defining "adult businesses" generally) and to regulate the location and operation of, but not to exclude, adult businesses within the Township by preventing the concentration of such uses in close proximity to one another and to minimize the negative secondary effects associated with them by separating such uses from residential, educational and religious uses, as well as other areas of public and private congregation, all within the limits of the Township's authority.

(2)

This regulation is implemented with the understanding and recognition that there are some uses which, because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects, such as urban blight, reduction in property values, and increased crime, upon nearby residential, educational, religious and other similar public and private uses. This has been demonstrated in previous studies undertaken by communities in Michigan as well as other states. Three Oaks Township maintains an active file of these studies.

(3)

The implementation of appropriate regulations is necessary to ensure that negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and will not otherwise be injurious to the health, safety and general welfare of Township residents. The provisions of this chapter are not intended to impose a limitation or restriction on the content of any communicative material, including sexually oriented materials, protected by the First Amendment to the United States Constitution. Similarly, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent of this chapter to condone or legitimize the distribution of obscene materials, but to regulate land uses associated with such distribution or dissemination in a manner designed, within the limits of the United States Constitution and judicial opinions interpreting its breadth and scope, to ensure that the health, safety and general welfare of the citizens of Three Oaks Township are appropriately protected from any negative secondary effects associated therewith.

(4)

If any section, subsection, subdivision, sentence, clause, phrase or word of the amendments reflected herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. In such event, to the extent feasible, any such section, subsection, subdivision, sentence, clause, phrase or word held to be invalid or unconstitutional shall be disregarded, reduced and/or revised so as to be recognized to the fullest extent permitted by law. Through the enactment hereof, the Township Board declares that it would have passed and adopted this § 380-15.07 and all provisions thereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional.

Review provisions. Adult businesses as defined herein will be allowed in the C-1 District as a listed special land use, subject to all the provisions of this article.

Additional information required for review. In addition to the standard requirements of information requested of all uses under special land uses and site plan review, adult businesses will be required to provide additional information as follows:

(1)

A statement of supporting evidence demonstrating compliance with the requirements of this section on a subsection-by-subsection basis.

(2)

The site plan consistent with the requirements of Article XVI of this chapter, showing the location of all abutting streets, the location of all existing and proposed structures and their uses, the location and extent of all aboveground development, both existing and proposed on the site, site lighting, proposed signage, and exterior elevations of the proposed adult business depicting it, to the extent feasible, in what will become its as-built condition, all in legible form.

(3)

Final building floor plans and specifications of the proposed development.

(4)

A description of the proposed use, including references to definitions within this section.

(5)

An area map, in a scale (no larger than one inch equals 50 feet), depicting and describing all land uses situated within 750 feet of the boundaries of the property upon which the proposed adult business is to be located.

Basis for determinations; specific requirements. In reviewing an application for an adult business, the Planning Commission shall determine whether the following specific requirements have been met:

(1)

The proposed adult business will not be located within 550 feet of any residence, park, school, child-care establishment, place of worship or any other adult business. For purposes of this subsection, the distance between a proposed adult business and any of the above-listed uses shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line upon which the proposed adult business is to be located to the above-listed uses, regardless of the political jurisdiction.

(2)

The proposed adult business will not have a detrimental impact upon the property values of properties located within 750 feet of such proposed adult business.

(3)

Proposed signage shall not include animated or flashing illumination of any type and otherwise conform with the requirements of Article XIV of this chapter. Proposed signage may contain only the name of the adult business and shall not include photographs, silhouettes, drawings, or pictorial representations of any type.

(4)

Entrances to the proposed adult business will be posted on both the exterior and interior walls, clearly visible to the public, indicating in lettering no less than two inches in height that:

(a)

"No one under the age of 18 is permitted to enter the premises"; and

(b)

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(5)

No product or service for sale or gift, or any picture or other representation thereof, shall be displayed so as to be visible from the street or exterior of the building.

(6)

Hours of operation shall be limited to 8:00 a.m. to 12:00 a.m. (midnight).

(7)

Persons operating an adult business shall not permit any person under the age of 18 years to be on the premises either as an employee or as a customer.

(8)

Physical contact between performers, dancers or entertainers and the establishment patrons shall be prohibited. The interior arrangement shall incorporate a minimum six-foot isolation buffer between any performers, dancers or entertainers and the establishment patrons, regardless of whether any intervening glass or otherwise transparent barrier is provided.

(9)

Total nudity of service persons, waitstaff, performers, dancers, entertainers or others, whether employees of the adult use or contractors, shall be prohibited.

(10)

All off-street parking areas shall be illuminated during all hours of operation in accordance with this chapter and shall otherwise be open to view from the adjacent roadway.

(11)

The proposed adult business owner/operator shall have provided an exterior maintenance program to the Township Zoning Administrator, together with its special land use application, which program shall provide for routine clearing of trash and rubbish from all parking areas and other portions of the premises not less than once per week. Continued adherence to such exterior maintenance program shall be a condition to the issuance of any special use permit pursuant to this section.

(12)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Enclosed viewing booths shall not be permitted. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(13)

The premises shall meet all barrier-free requirements and building code requirements applicable in the Township.

(14)

The number of patrons allowed on premises at any one time shall be limited to the amount of seating available, but shall not exceed one person for each 15 square feet of public net floor space, exclusive of restrooms, dance floor, administrative areas, hallways, etc.

(15)

The applicant shall provide an overall management plan for the facility, including explicit rules to prohibit total nudity and to prevent any physical contact between performers, dancers or entertainers and the establishment patrons. Other rules shall include, but not be limited to, hours of operation, which shall not be greater than 8:00 a.m. to 12:00 a.m.; prohibition of alcoholic beverages, unless specifically licensed therefor by appropriate authority; and other rules that may be imposed by the Planning Commission. Failure to abide by any such approved rules of operation shall be grounds for revocation of special land use approval.

(16)

The Planning Commission may impose such additional conditions and safeguards deemed necessary to mitigate negative secondary effects reasonably documented to emanate from adult businesses for the protection of the general welfare and individual property rights of affected property owners, and for ensuring that the intent and objectives of this chapter will be observed. The breach of any condition, safeguard or requirement shall serve as grounds for revocation of the permit, after written notice and an opportunity to be heard.

§ 380-15.08 Bed-and-breakfast operations.

Bed-and-breakfast operations shall be subject to the following provisions:

A residential structure shall not be converted to more rental rooms than the number of bedrooms which exist at the time of enactment of this chapter, and adequate living space must be preserved for the manager or owner's quarters. A common room for guest relaxation is required in these facilities. Unless owner-occupied, the manager must reside on and have more than a nominal equity interest in the premises.

Off-street parking for one vehicle for each bedroom to be rented must be available in addition to requirements for residential family vehicles.

Bathrooms must be furnished for guest rooms, one bathroom not to serve over four guest rooms.

No separate cooking facilities are allowed for a bed-and-breakfast operation if only a continental breakfast is served.

In residential districts, one sign shall be permitted pursuant to Article XIV of this chapter. No off-site signage shall be permitted.

Inspection and approval by the Zoning Administrator is required prior to occupancy of bed-and-breakfast facilities. Berrien County Health Department approval is required if other than continental breakfast.

The letting of bed-and-breakfast rooms shall be limited to short-term occupancy, not to exceed 30 continuous days.

A residence must contain a minimum of 2,400 square feet of floor area to be converted into a bed-and-breakfast facility.

§ 380-15.09 Day care, group.

(Reserved)

§ 380-15.10 Dwelling, multiple-family.

(Reserved)

§ 380-15.11 Dwelling, single-family.

Single-family dwellings, when treated as a special land use under this chapter, shall be subject to the following regulations:

A single-family dwelling shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.

A single-family dwelling shall have a minimum front building dimension measured at the foundation line of 33 feet, measured perpendicular at the foundation line running not less than 33% of the length of the longest wall, and complies in all respects with the Township Building Code,[1] including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the building code adopted by the Township, then and in that event, such federal or state standard or regulation shall apply.

[1]

Editor's Note: See Ch. 135, Construction Standards and Enforcement, Art. I.

A single-family dwelling shall be firmly attached to a permanent foundation constructed on the site in accordance with the Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, defined herein, such dwellings shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

A single-family dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the Berrien County Health Department.

A single-family dwelling shall contain a storage-capability area in a basement located under the dwelling, in an attic area, in closed areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 120 square feet, whichever shall be less.

A single-family dwelling shall contain a parking pad, garage or covered parking as required by this chapter.

A single-family dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides or, alternatively, with windowsills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being in either the rear or side of the dwelling unit; and has steps connected to each exterior door area or to porches connected to said door areas where a difference in elevation requires the same. Compatibility of design and appearance shall be determined by the Township Zoning Administrator upon review of the plans submitted for a particular dwelling. The decision of the Zoning Administrator may be appealed to the Zoning Board of Appeals by an aggrieved party. Any determination of compatibility shall be based upon the standards set forth in this definition of "dwelling" as well as the character, design, and appearance of the majority of residential dwelling located outside of mobile home parks within 1,200 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the village or Township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.

The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR Part 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the Township pertaining to such parks.

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Township Building Code provisions and requirements.

All construction shall conform with health, safety, and welfare specifications of the adopted building code for emergency egress, rescue windows and smoke detectors.

§ 380-15.12 Dwelling, two-family.

(Reserved)

§ 380-15.13 Farm product processing facility.

Definition. A facility involved in the complete or partial conversion of any agricultural product into a commercial product of any kind, or in the processing of agricultural-related waste products. A farm product processing facility may include, but shall not be limited to, ethanol processing plants, slaughter operations, canning operations, methane processing and refining plants, and similar facilities.

Regulations and conditions.

(1)

The Planning Commission may establish hours of operation for such uses consistent with the character of the land uses in the vicinity.

(2)

The applicant shall demonstrate that the proposed use does not significantly affect traffic circulation and transportation safety in the area in which it is proposed.

(3)

Such processing facilities which are regulated at the state or national level shall provide verification that such use and facilities shall at all times conform to all applicable laws and regulations.

(4)

The Township shall be provided copies of all required permits from any local, state, or federal agency. It shall be the applicant's responsibility to ensure that permits do not expire without renewal.

(5)

Such facilities shall be located and designed such that no objectionable noise in excess of 60 decibels shall be carried onto adjoining property zoned for, or occupied by, residential uses.

(6)

Such facilities shall be located and designed such that no objectionable odor or fumes shall be carried onto property located in the R-1, R-2, R-3 or R-4 Districts.

(7)

Any dumpsters on site shall be enclosed on four sides with an opaque fence equipped with a lockable gate, so that any refuse or dumpster shall not be visible from any building, dwelling, adjacent property, or street. The site plan shall include measures satisfactory to the Planning Commission to control blowing trash, dust or debris from the facility.

(8)

The applicant shall disclose the nature and quantity of all chemicals or hazardous materials to be used or stored on site, and all uses and activities shall at all times comply with applicable local, state and federal standards pertaining thereto.

(9)

Wastewater discharges to any municipal wastewater system shall conform to the requirements for industrial pretreatment. No toxic or hazardous materials shall be discharged to groundwater or surface water.

(10)

Pursuant to § 380-16.04D, the Planning Commission may require the preparation of an environmental assessment or traffic impact study to evaluate the potential impact from the farm product processing facility on surrounding land uses and public roads.

§ 380-15.14 Gasoline station with convenience store.

(Reserved)

§ 380-15.15 Governmental office.

(Reserved)

§ 380-15.16 Hobby farm or specialty farm operation.

Definition. A smallholding or small farm operation that is maintained without expectation of being a primary source of income, or a small farm operation engaged in specialty crops at a modest scale.

Regulations and conditions.

(1)

A hobby/specialty farm operation located in the R-1 District shall not exceed 20 acres in area.

(2)

A hobby/specialty farm operation that involves retail sales to the general public shall also be regulated as a major home occupation, subject to the provisions of § 380-15.17.

(3)

The Planning Commission shall find satisfactory measures to assure no noise emitted from the use will exceed 45 decibels for periods in excess of two hours in any twenty-four-hour period.

(4)

The Planning Commission shall require satisfactory measures to prevent the release of noxious, odorous or toxic smoke, gas or other emissions detectable at any property line.

(5)

The Planning Commission shall require satisfactory measures to prevent the drifting or airborne transmission beyond the lot line of dust, dirt or debris.

(6)

The Planning Commission may establish conditions of operation or development, including, but not limited to, increased setbacks and isolation distances, landscape buffering and/or fencing, and hours of operations, intended to assure compatibility with the residential characteristics of the R-1 Zoning District.

§ 380-15.17 Home occupation, major.

Purpose. These standards are intended to ensure compatibility with the other permitted uses and the residential character of the neighborhoods in which home occupations and home-based businesses are located. Home occupations and home-based businesses shall be secondary or incidental to the residential use of the parcel and principal structure. Each, when meeting the standards contained herein, shall be so located and constructed that the average neighbor, under normal circumstances, will not be aware of such home occupation or home-based business.

Registration required. Home occupations and home-based businesses shall be registered with the Township's Zoning Administrator prior to commencement of any activity related to such home occupation or home-based businesses.

Performance standards. Home occupations shall comply with the following standards:

(1)

A home occupation shall be conducted only by the resident(s) of the dwelling plus not more than one nonresident.

(2)

A home occupation shall be conducted entirely within the dwelling unit or not more than one accessory building.

(3)

The home occupation shall not alter the external appearance of the dwelling to cause the premises to differ from its residential construction, and shall not utilize lighting, signs, or cause the emission of sounds, noises, fumes, or odors, or electrical interference beyond what normally occurs in a residential zoning district.

(4)

There shall be no outdoor storage or display of any kind related to the home occupation.

(5)

No traffic shall be generated by such home occupation in greater volumes than what normally occurs within the residential neighborhoods located in this zoning district, including, but not limited, to customer traffic and deliveries.

(6)

Parking generated by the conduct of the home occupation shall be provided off the street.

Home-based businesses. All home-based businesses shall comply with the following standards in addition to the standards for home occupations as set forth above:

(1)

Only one commercial vehicle, limited to maximum of one ton, shall be parked at the residence at any given time for the purpose of the home-based business.

(2)

All equipment and/or tools associated with the home-based business shall be stored indoors and shall be limited to one accessory building.

Revocation of permit. All permits issued to home occupations and home-based businesses pursuant to this chapter, or which have been granted by the Township previously, shall be revocable by the Township Zoning Administrator if such home occupation or home-based business fails to comply with any of the applicable standards as set forth in this chapter, any other applicable ordinance or code.

§ 380-15.18 Hotels and motels.

(Reserved)

§ 380-15.19 Kennels.

The minimum lot area shall be one acre for the first four animals, and an additional 1/3 acre for each animal in addition to the first four.

Buildings where animals are kept, dog runs, and exercise areas shall not be located nearer than 100 feet to any adjacent occupied dwelling and shall be set back at least 75 feet from any R-1, R-2 or R-3 District.

Dog runs and exercise areas shall not be located in any front yard or required side or rear yard setback area.

All principal-use activities, other than outdoor dog runs or exercise areas, shall be conducted within a totally enclosed building.

§ 380-15.20 Landfill and gas recovery.

Definition. A regulated and licensed facility for the safe disposal of solid waste, potentially including a facility for the capture, recovery and refinement of gasses generated by natural decomposition.

Regulations and conditions.

(1)

All required state and federal licenses and permits shall be issued prior to the start of operations and shall remain in effect.

(2)

No operation to capture, refine or remarket landfill gasses shall be initiated without prior approval from the Township pursuant to this Article XV.

(3)

An operation to capture, refine or remarket landfill gasses shall not result in any additional public expense for the Township without compensating reimbursement from such operation.

§ 380-15.21 Place of public assembly, large.

A place of public assembly shall be considered a large facility if it has either 2,000 square feet or more in gross floor area, total seating capacity of more than 100 in the largest room intended for public assembly, or the capability to expand to meet these standards in the future. For the purposes of this section, a capability to meet these standards may be demonstrated by sufficient available land owned by the applicant or an entity associated with the applicant, a building designed to readily accommodate an expansion or a declaration by the applicant of future intent to expand the facility to meet these standards.

A large place of public assembly shall be located on a parcel of land with a minimum area of five acres; provided, however, that such facility shall meet the maximum lot coverage requirements of this chapter.

A large place of public assembly shall take its primary vehicular access from an all-season county road.

For a large place of public assembly, the Zoning Administrator may require special studies or research under the terms of § 380-16.04D of this chapter.

All signs shall be in compliance with the provisions of Article XIV of this chapter.

All off-street parking shall be in compliance with Article XIII of this chapter.

Landscaping and buffering shall be provided in accordance with § 380-12.11 of this chapter.

§ 380-15.22 Planned unit developments.

Purpose and intent. This section provides enabling authority and standards for the submission, review, and approval of applications for a planned unit development. The provisions of this chapter are not intended as a device for ignoring this chapter or the planning upon which it has been based. To that end, provisions of this chapter are intended to result in land use development substantially consistent with the underlying zoning, with modifications and departures from district regulations, such as density, height, lot coverage, lot width, and setbacks, in accordance with standards provided in this chapter to ensure appropriate, fair, and consistent decisionmaking. Modifications and departures of the private road pavement and easement width dimensions may also be requested and considered; however, modifications to the construction or maintenance specifications may not be granted. It is the intent of this chapter to authorize the consideration and use of planned unit development regulations for the following purposes:

(1)

To promote the conservation of natural features and resources.

(2)

To promote and ensure greater compatibility of design and use between neighboring parties.

(3)

To allow for the flexibility in the regulation of land development.

(4)

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

(5)

To achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities.

(6)

To encourage useful open space.

(7)

To provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of the Township.

Qualifying conditions. In order to be eligible for planned unit development, the proposed area must meet the following criteria:

(1)

The proposed area shall consist of a minimum of five acres of contiguous land.

(2)

Public utilities as defined herein shall be available to service the site.

(3)

Only those uses permitted in the underlying zoning district shall be permitted in a PUD. This provision shall not apply to lands that were the primary subject of study in the Enterprise Park Development Plan and designated in the 2013 update and supplement to the Three Oaks Township Master Plan as Enterprise Park, provided that proposed land uses in the PUD are consistent with the update and supplement and the development plan.

[Amended 9-14-2015 by Ord. No. 50]

Development requirements.

(1)

Density.

(a)

Uses in any underlying zoning district shall be subject to the following density and open space standards; provided, however, there shall be no density bonus for a nonresidential PUD:

Table 3-A
Minimum Percent of Site Preserved as Common Open Space	Maximum Density Bonus
25% minimum open space	5% density bonus
35% minimum open space	10% density bonus
45% minimum open space	15% density bonus

(b)

In each case, the maximum density for residential use shall be determined by the Township Board up to the maximum indicated in Table 3-A, after review by the Planning Commission based on the following standards. The residential uses shall:

[1]

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

[2]

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

[3]

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

[4]

Be developed in accordance with the intent for a planned unit development as contained herein.

(2)

Dwelling unit computation. The density permitted by the Township Board shall be applied to the net development area of the site in order to determine the maximum number of dwelling units permitted for the site. The net development area is determined by subtracting the following from the gross or total site area:

(a)

Area within existing road rights-of-way and/or private road easement.

(b)

Area within a 100-year floodplain, critical dune area or high-risk erosion area as defined by the Department of Environmental Quality.

(3)

Amount of open space. A planned unit development shall maintain a minimum of 20% of the gross area of the site as dedicated open space held in common ownership, provided additional open space may be required if density bonuses are requested per Table 3-A.

(4)

Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of meeting the requirements of Table 3-A:

(a)

Lot areas proposed as single-family residential or site condominiums, or commercial, industrial structures; provided, however, that any required transition strip may be counted towards open space so long as it meets the requirements of § 380-15.22C(5).

(b)

Area proposed to be occupied by multiple-family dwellings, including the minimum required setbacks around buildings.

(c)

The area of any road right-of-way or private road easement.

(d)

Any submerged land area of a pond, lake or stream, except constructed wetlands and stormwater detention/retention ponds designed to appear and function similar to natural wetlands and ponds may be counted as open space, provided at least 50% of the minimum required open space area (i.e., 25% of the total site) shall be in the form of usable park area or upland nature preserves.

(e)

Golf courses.

(5)

Open space location. Open space shall be planned in locations visible and accessible to all in the planned unit development. The open space may either be centrally located along the road frontage of the development, located to preserve natural features, located to buffer adjacent farmland or located to connect open spaces throughout the development, provided the following areas shall be included within the open space area considered for density bonus calculation:

(a)

The open space along the exterior public roads shall have a depth of at least 50 feet, either landscaped or preserved in a natural, wooded condition.

(b)

Open space shall be situated to maximize the preservation of existing site woodlands.

(c)

A minimum of 100-foot-wide undisturbed open space setback shall be maintained from the edge of any stream or wetland, provided that the Township may permit trails, boardwalks, observation platforms or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback.

(d)

A minimum 100-foot-wide open space buffer shall be maintained between residential lots and any adjacent parcel zoned AG-RR and actively farmed.

(e)

Where adjacent land includes open space, public land or existing or planned unit developments or open space cluster developments, open space connections shall be provided between the site and adjacent open space. Trails between adjoining open space development shall be constructed to allow future interconnection between neighborhoods.

(f)

Any open space area shall be a minimum of at least 50 feet in all dimensions.

(6)

Open space protection. The dedicated open space shall be set aside in perpetuity by the developer through a conservation easement or other deed restriction that is found acceptable to the Township. The conservation easement or deed restriction shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. The conservation easement or deed restriction shall provide the following:

(a)

Allowable use(s) of the dedicated open space shall be indicated. The Township may require the inclusion of open space restrictions that prohibit the following:

[1]

Dumping or storing of any material or refuse;

[2]

Activity that may cause risk of soil erosion or threaten any living plant material;

[3]

Cutting or removal of live plant material except for removal of dying or diseased vegetation;

[4]

Use of motorized off-road vehicles;

[5]

Cutting, filling or removal of vegetation from wetland areas;

[6]

Use of restricted pesticides, herbicides or fertilizers within or adjacent to wetlands.

(b)

Dedicated open space shall be maintained by parties who have an ownership interest in the open space. Standards for scheduled maintenance of the open space shall be provided. The conservation easement or deed restriction shall provide for maintenance to be undertaken by the Township in the event that the open space is not adequately maintained or is determined by the Township to be a public nuisance, with the assessment of costs upon the owners of the open space.

(c)

The dedicated open space shall forever remain open space, subject only to uses approved by the Township on the approved site plan. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited. Any change in use of the open space from what is shown on the approved site plan shall require Township Board approval, based upon a recommendation by the Planning Commission, and shall not diminish compliance with the requirements of this chapter.

(d)

Nothing herein shall prevent the conveyance of open space to a public agency or other nonprofit entity for recreational or conservation use.

(7)

Uses. Only those uses permitted in the underlying zoning district shall be permitted in a planned unit development.

Application and processing procedures.

(1)

Preapplication conference. Prior to the submission of an application for planned unit development, the applicant shall meet with the Zoning Administrator and such consultants as deemed appropriate. The applicant shall present at such conference, or conferences, a sketch plan of the planned unit development and a parallel plan with the following information:

(a)

A legal description of the property in question;

(b)

The total number of acres to be included in the project;

(c)

The parallel plan shall include a sketch plan depicting what could be feasibly constructed with the underlying zoning and dimensional standards and would constitute a plan that the Township would normally approve absent the planned unit development option. This number of units, or base density, shall be the maximum number of dwelling units allowable for the planned unit development, unless a density bonus is requested per Table 3-A;

(d)

A statement of the number of residential units and/or the number, type, and square footage of nonresidential uses;

(e)

The number of acres to be occupied and/or devoted to or by each type of use;

(f)

A list of all departures from the regulations of this chapter which may be requested;

(g)

Graphic and written description of how public water and sanitary sewer will serve the site;

(h)

The number and written description of acres to be preserved as open space; and

(i)

All known natural resources and natural features.

(2)

Site plan. Following the preapplication conference or conferences, 12 copies of a site plan and application for a planned unit development request shall be submitted not later than 45 days prior to the next scheduled meeting of the Planning Commission. The submission shall be made to the Zoning Administrator, who shall first determine if the application is complete. Only complete applications shall be scheduled for the Planning Commission review. The plan shall be accompanied by an application form and fee as determined by the Township Board. The preliminary site development plan shall contain all of the information required for a site plan in Article XVI, in addition to the following:

(a)

The boundaries of any floodplain, critical dune area or high-risk erosion area as defined by the Department of Environmental Quality, or other agencies.

(b)

A narrative describing:

[1]

The nature of the project.

[2]

The proposed density, number, and types of dwelling units if a residential PUD.

[3]

A statement describing how the proposed project meets the objectives of the PUD.

[4]

A statement from a registered professional engineer describing how the proposed project will be served by public water, sanitary sewer, and storm drainage.

[5]

Proof of ownership or legal interest in property.

[6]

The impact of the project on roads, schools and utilities.

[7]

Key provisions of the Master Deed that demonstrate how the intent and regulations of this chapter will be satisfied.

[8]

Key provisions of any design guidelines, if applicable.

(c)

A parallel plan depicting what could be feasibly constructed with the underlying zoning and dimensional standards and would constitute a plan that the Township would normally approve absent the planned unit development option. The parallel plan shall include the boundaries of any floodplain, critical dune area or high-risk erosion area as defined by the Department of Environmental Quality or other agencies. The number of units, or base density, shall be the maximum number of dwelling units allowable for the planned unit development, unless a density bonus is requested per Table 3-A.

(d)

If the applicant is proposing a private road, an application for private road shall also be submitted and reviewed concurrent with the Site Plan.

(3)

Planning Commission review. The Planning Commission shall review the site plan according to the provisions of § 380-16.06, Review criteria, and, if applicable, the private road application according to the provisions of § 380-12.17 herein and transmit any recommendations for changes or modifications of the basic site plan to the applicant. At the discretion of the Planning Commission, the request for planned unit development approval shall be set for a public hearing.

(4)

The public hearing notice shall describe the planned unit development as well as the planned unit development site plan. Notice of the hearing shall follow the noticing requirements contained in § 380-21.06.

Standards for approval. Following the public hearing, the Planning Commission shall recommend to the Township Board approval, approval with conditions, or denial of the request for the planned unit development subject to the site plan. The Planning Commission shall also have the discretion to recommend a density bonus up to the amounts set forth in Table 3-A. In making its recommendation, the Planning Commission shall find that the proposed PUD meets the intent of the PUD special land use and the following standards:

(1)

Approval of the planned unit development will result in a recognizable and substantial benefit to the ultimate users of the project and to the community where such benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

In relation to underlying zoning, the proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities, and shall not place a material burden upon the subject or surrounding land or property owners and occupants or the natural environment.

(3)

The proposed development shall be compatible with the Three Oaks Township Development Plan and shall be consistent with the intent and purpose of this chapter.

(4)

The planned unit development shall not change the essential character of the surrounding area.

(5)

The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this chapter. This provision shall not prohibit a transfer of ownership or control upon due notice to the Zoning Administrator.

Township Board approval and PUD site plan approval. After receiving the recommendation of the Planning Commission, the Township Board shall approve, deny, or approve with conditions the PUD special land use and density bonus and shall approve, deny or approve with conditions the site plan for the PUD in accordance with the standards for approval and conditions for a PUD as contained herein. This approval is valid for a period of 18 months.

Performance guarantee. The Planning Commission is empowered to require a performance guarantee, such as a letter of credit, cash, or certified check, in an amount up to the estimated cost of improvements and administrative costs associated with the project or for each phase. Such performance guarantee shall be deposited with the Treasurer of the Township at the time of the issuance of the permit authorizing the activity or project to ensure faithful completion of the improvements indicated with the approved site development plan. The Township shall rebate a proportional share of the deposit, biannually as requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the Zoning Administrator. The Zoning Administrator may, at his discretion, call upon professional assistance from the Township Engineer or the Township Planner. In cases where the provisions of the final development plan, as approved, have not been met, the amount of the aforementioned performance guarantee shall be used by the Township to return the property to a safe and healthy condition; and the balance, if any, shall be returned to the applicant.

Amendments. Amendments to the special land use shall be treated as a new application under this section. Amendments to a final site plan for planned unit development shall follow the amendment process as outlined in § 380-16.09, Amendment to site plan.

Scheduling of construction. The physical development of the area must start within two years of the date of approval of the detailed site plan and planned development. Failure to start development shall invalidate the plan; provided, however, the Township Board, upon review and recommendation by the Planning Commission, may extend such period of time up to one year. In the event that physical development does not start within two years of the date of approval of, or by the date authorized by the Planning Commission if an extension is granted, the Board shall invalidate the planned unit development.

§ 380-15.23 Processing and manufacturing.

Definition. Establishments engaged in a series of operations, in a continuous and regular action or succession of actions, taking place or carried on in a definite manner associated with chemical or mechanical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, liquors, food and fiber products, minerals and compounds, and such related activities as storage, packaging, shipping and scrapping.

Regulations and conditions.

(1)

The applicant shall disclose the nature and quantity of all chemicals and hazardous materials to be used or stored on site, and all uses and activities shall at all times comply with applicable local, state and federal standards pertaining thereto.

(2)

(3)

Within 100 feet of an R-1, R-2 or R-3 District, all manufacturing and processing activities shall take place within a fully enclosed building or structure. Outdoor storage shall be permitted but shall be buffered with a wall of evergreens, or six-foot-tall fencing designed to be compatible with the surrounding neighborhood.

(4)

All local, county, state and federal laws, statutory and regulatory requirements shall be met at all times. Any failure to comply with any federal or state licensing or permitting requirement shall be grounds for the revocation of any special use permit issued pursuant to this section.

(5)

The application shall provide for measures acceptable to the Planning Commission to prevent any noise in excess of 60 decibels at any property line.

(6)

In addition to the provisions of § 380-12.11, the Planning Commission may require additional open space and landscape buffer screening between the proposed use and adjacent property.

(7)

All exterior lighting shall be in accordance with § 380-12.12 hereof.

§ 380-15.24 Retail sales in industrial uses.

Definition. Retail sales to the general public conducted in connection with, and as an ancillary activity to, manufacturing, assembly and production uses within an industrial area.

Regulations and conditions.

(1)

Within an industrial area, retail sales may be permitted where the Planning Commission finds that such activity shall not undermine the fundamental industrial character of the district.

(2)

Such retail activity shall be conducted as an ancillary element to manufacturing, assembly or related activities on the site.

(3)

The Planning Commission shall determine that on-site circulation and surrounding roads will not be overburdened by retailing activity.

(4)

The site plan shall provide suitable measures to safely handle retail customer traffic while maintaining truck and equipment handling traffic without conflict.

(5)

The Planning Commission may, as a condition of approval, establish operational conditions, including, but not limited to, hours of operations, limitations on outdoor sales and storage of retail goods, standards on minimum percentage of retail comprised of goods produced on site, and the amount of total floor area to be devoted to retail sales.

(6)

An operation, including retail sales, in an industrial development shall not be entitled to additional signage beyond that permitted for other industrial uses pursuant to Article XIV.

(7)

The Planning Commission may require additional parking in excess of that required for the industrial activities on site to accommodate the retail operation up to the amounts that may be specified in Article XIII.

§ 380-15.25 Roadside stands.

Roadside stands that exceed a floor area of 32 square feet and/or are operated for more than eight weeks in any twelve-month period shall be subject to the following requirements:

The total floor area of the roadside stand shall not exceed 200 square feet.

Only fruits, cut flowers, honey, vegetables or other products that have been grown or produced on the premises shall be sold in a roadside stand.

No part of the roadside stand, sales area or parking area shall be located within a road right-of-way.

All structures associated with the roadside stand shall be portable and shall be removed when not in use.

Only one roadside stand shall be permitted on any one parcel.

The Planning Commission shall give due consideration to the nature of the proposed use and its potential impact on the surrounding land uses and may establish appropriate site conditions to assure that the use will generate no detrimental impacts on surrounding property.

A roadside stand shall be permitted not more than one sign with a surface area of 32 square feet. Such sign shall not be lighted.

A minimum of two off-street parking spaces shall be provided for each roadside stand.

§ 380-15.26 Conventional subdivisions in AG-RR District.

The Three Oaks Township Master Plan sets forth the policies of the Township regarding the preservation and enhancement of the community's natural character. In those parts of the Township that include prime or unique agricultural lands and/or are characterized by important natural features, development that fails to properly recognize those features or incorporate measures to protect and preserve them are hereby found to be generally at odds with the policies of the Master Plan. Therefore, in the AG-RR District, the subdivision and development of property for residential uses shall be undertaken primarily through exempt splits or divisions not subject to the platting requirements of the Land Division Act[1] or the Condominium Act,[2] or through the conservation subdivision development standards of § 380-15.27 of this chapter. It is understood that there may be areas of the Township within the AG-RR District where the provisions of § 380-15.27 may not be appropriate, or there may be particular development forms that do not include significant areas of open space but which nevertheless do substantially support the policies of the Master Plan. The purpose of this section is to provide standards and conditions to address those areas of the Township and those development forms as special land uses.

[1]

Editor's Note: See MCLA § 560.101 et seq.

[2]

Editor's Note: See MCLA § 559.101 et seq.

An application to undertake a conventional residential subdivision in the AG-RR District shall include a written narrative demonstrating why the particular parcel is a poor site for a conservation subdivision pursuant to § 380-15.27. Reasons why a property may be a poor site for application of the standards of § 380-15.27 include:

(1)

A lack of any identified significant natural features; and/or

(2)

A lack of prime or unique agricultural soils; and/or

(3)

A predominant pattern of development adjacent to and in the immediate vicinity of the site which would make the protection of agricultural lands on the parcel of little value; and/or

(4)

The concealed location of the site, which would preclude any open space on the site from contributing to the rural character of the community; and/or

(5)

A demonstration that the proposed residential subdivision would be more in keeping with the goals and objectives of the Three Oaks Township Master Plan than other feasible forms of development.

The Planning Commission shall conduct a detailed inquiry of any proposal to undertake a residential subdivision in the AG-RR District and carefully apply the standards of this section. The Planning Commission may seek additional detail of the applicant to determine whether the parcel may be used for agricultural or other permitted purposes or be developed under § 380-15.22 with minor reconfiguration or adjustment. The possible or alleged impact of the open space preservation development form on the marketability of the property or the lots or parcels to be developed is considered to be speculative and shall not be a consideration of the Planning Commission.

Where a proposed residential subdivision in the AG-RR District will abut an existing residentially zoned and improved parcel, the Planning Commission may require buffering, screening, setbacks and/or other elements that are greater than those otherwise required by this chapter to assure an attractive and harmonious transition from existing development patterns to the proposed development.

§ 380-15.27 Conservation subdivisions.

Within the AG-RR District, the owner of property may elect to develop an open space preservation development in accord with the terms of this section. A maximum of 50% of the parcel's buildable area may be divided into new parcels averaging not less than one acre in area. The remaining 50% of the parcel shall be kept as usable open space in perpetuity by conservation easement, plat dedication, restrictive covenant, or other legal means acceptable to the Planning Commission.

Minimum open space requirement. The development density which would normally be realized on the entire parcel shall be transferred to the area of the parcel which is not the 50% area of the parcel which shall be kept as usable open space in perpetuity by conservation easement, plat dedication, restrictive covenant, or other legal means.

Determining maximum allowable parcel divisions. The maximum number of new lots which may be created within the parcel shall be the same number that would be permitted on the site under the provisions of the AG-RR District. To determine this density, the applicant shall either:

(1)

Submit a conceptual plan of division of the parcel. This conceptual plan shall contain proposed parcels, roads, rights-of-way, areas which are not in the buildable area, and other pertinent features in compliance with Township ordinances and stipulations. This plan must be drawn to scale; or

(2)

Multiply the buildable area of the parcel, as defined herein, by 85% to account for rights-of-way, and divide the result by the minimum parcel area in the AG-RR district.

Siting criteria for new parcels. Creativity and originality in parcel layout shall be encouraged to achieve the best possible relationship between buildable land and open space.

(1)

The parcels shall be no smaller than one acre in gross area, unless the Zoning Board of Appeals or similar body determines this to create a significant hardship upon the applicant due to natural features or easements.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2)

All parcels shall be accessed from a public or private road, and have a minimum frontage of 100 feet.

(3)

If more than one parcel is divided, the parcel shall be contiguous unless the Planning Commission finds that the physical characteristics of the property, including the environmental conditions and property configuration, or other circumstances beyond the control of the applicant make this impractical.

(4)

Where residential parcels exist on adjacent properties of an area less than 10 acres, the parcels to be split shall be adjacent to such existing residential lots.

(5)

The parcels shall meet County Health Department requirements for well and sanitary septic systems.

Density bonus. A 10% density bonus may be considered by the Planning Commission in approving the open space preservation development when two or more of the following standards are met:

(1)

Protection and preservation of floodplain areas or slopes over 25%.

(2)

Maintenance of a significant upland buffer of natural native species vegetation adjacent to wetlands and surface waters.

(3)

Protection of prime farmland areas where soils are suitable for agriculture.

(4)

Preservation of scenic views and vistas unblocked and uninterrupted, particularly as seen from adjacent roads.

(5)

Protection of wildlife habitat areas of species listed as endangered, threatened or of special local concern.

(6)

Protection and preservation of sites of historic, archaeological, or cultural value.

(7)

Provision of reasonable and contiguous open space areas that are attractive and useful for future residents and the larger community.

Application and site plan review process. A preapplication conference shall be held involving the applicant and the Zoning Administrator to discuss the applicant's objectives and how these may be achieved under this provision. Engineering, site plans, or surveys shall not be required for the preapplication conference and shall not be accepted or reviewed at the preapplication conference. If necessary, a site visit may be scheduled during the preapplication conference. All open space preservation developments shall be processed in accordance with Article XVI, pertaining to site plan review.

§ 380-15.28 Theaters.

(Reserved)

§ 380-15.29 Vehicle repair facility.

Dismantled, wrecked or inoperable vehicles or any vehicle parts or scrap of any kind shall not be kept outdoors where they are visible from any adjoining property or right-of-way, nor shall such vehicles be stored for more than 60 days. The Planning Commission may require an opaque fence up to eight feet in height and/or an evergreen landscape buffer not less than eight feet in height at time of planting to screen any vehicles from neighboring uses or passersby.

Not more than two vehicles shall be parked on site at any time for the purpose of selling or renting such vehicles.

Lot area shall be at least 15,000 square feet.

All equipment, including hydraulic hoists, pits, lubrication and repair facilities, shall be entirely enclosed within a building. No outdoor storage of merchandise or equipment shall be permitted.

All repair and maintenance activities shall be performed entirely within an enclosed building.

The Planning Commission may establish hours of operation for such uses consistent with the character of the land uses in the vicinity.

§ 380-15.30 Warehouse.

(Reserved)

§ 380-15.31 Agritourism establishment.

[Amended 9-14-2015 by Ord. No. 50]

Definition. A commercial enterprise related to farming operated for the enjoyment and education of the public that may also generate additional farm income by promoting farm products and which may include farm product retailing and sampling, educational and/or outdoor recreational programs, an accommodation use, farm tours, horseback riding, and similar activities.

Regulations and conditions.

(1)

An application for an agritourism establishment shall include a complete site plan in accordance with Article XVI with detail on parking, sanitation, refuse and solid waste management, on site lighting, fencing, crowd control, on-site vehicular and pedestrian circulation, details on any public address system and equipment, signage and related facilities, existing and proposed. In addition, the application shall include a complete written description of the proposed use, the services to be provided, the maximum number of patrons anticipated on site at any time, hours of operation, activities to be conducted and any other information necessary to properly convey the nature of the facility proposed. Such written description shall be considered a part of the special land use application to be relied upon by the Township in granting any approval.

(2)

The Planning Commission shall evaluate the proposed agritourism establishment and the activities proposed to determine whether it will be compatible with neighboring and allowed uses in the vicinity.

(3)

If an agritourism establishment is intended to include any overnight accommodations, that element of the use shall comprise only a small part of the property, so that the farm use of the site is predominant and the accommodation use is secondary. The Planning Commission may approve a proposed departure from this requirement if it finds that the proposed accommodation use is substantially farm-related or that the use and its activities would not have impacts on the vicinity similar to impacts generated by a commercial business, including consideration of traffic, light pollution, noise, blowing trash, signage, odor, and aesthetics.

(4)

Farm markets with a country theme dealing with products grown on site, locally grown products as well as related items produced elsewhere, whether operating year-round or seasonally, shall be considered an agritourism establishment under this section; provided, however, that roadside stands and markets for the sale of products primarily grown or produced upon the premises with no more than 600 square feet dedicated to retail sales shall not be considered an agritourism establishment subject to the terms of this section.

(5)

Tasting rooms and related food-service activities shall at all times comply with any and all requirements of the Berrien County Health Department and the Michigan Liquor Control Commission.

(6)

Periodic or permanent recreational or entertainment activities or facilities, such as, but not limited to, rodeo demonstrations, tractor pull events, hay rides, corn mazes, concerts, haunted houses and similar features or events shall be clearly described in any application for special land use approval and must be authorized in advance pursuant to this section.

(7)

The Planning Commission may impose requirements on the placement of the facility on the site to protect adjacent properties from its impacts and to maintain rural views from public roads. The facility and all of its outdoor ancillary structures and activities, such as parking and gathering space, shall be located at least 50 feet from property lines. The Township may approve a proposed departure from this requirement if it finds that locational and layout attributes, buffers, adjacent uses and site configurations, and other features of the subject site and nearby property work together to minimize impacts of the proposed use, provided that other applicable dimensional requirements of this chapter are met.

(8)

The Township may require submittal of a traffic impact study, the purpose of which shall be to analyze the effect of traffic generated by the proposed use on the capacity, operations, and safety of the public road system and to propose mitigation measures.

(9)

The Township may require landscaping and other features to screen the use from adjacent properties, and the Township may impose limitations on the operation of the facility to protect adjacent properties from its impacts. Such limitations may pertain to hours of operation, outdoor lighting, outdoor activities, noise, and other elements.

(10)

The applicant shall demonstrate that all vehicular parking will occur on the site. A pervious parking surface is preferred, and the applicant shall demonstrate that dust would be controlled.

§ 380-15.32 Wireless communication antenna.

[Added 9-20-2017 by Ord. No. 6B]

Purpose. It is the intent of this section to regulate those wireless communication towers and antennas in accordance with the Federal Telecommunications Act of 1996, the Sequestration Act of 2012 and the Michigan Zoning Enabling Act, PA 110 of 2006,[1] as amended. Within the general parameters of these laws, this section also intends to reduce the impact of these communication elements on adjacent land uses by reasonably regulating their location, height, safety, general appearance, and eventual removal. Additionally, this section intends to promote and encourage the co-location of attached communication antennas on existing towers and support structures.

[1]

Editor's Note: See MCLA § 125.3101 et seq.

Applicability.

(1)

All new wireless communication facilities in the Township shall be subject to these regulations, except as provided for below:

(a)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section unless modified.

(b)

Exempt towers or antennas. The following types of wireless communications antenna may be administratively approved in the Township:

[1]

Amateur radio station operators. Any tower, or the installation of any antenna, that is under 125 feet in height and is owned and operated by a federally licensed amateur radio station operator may be approved by the Zoning Administrator as an accessory use.

[2]

Co-location. The following uses of wireless communication antennas may be administratively approved after review by the Zoning Administrator:

[a]

Locating or co-locating antennas on existing structures or towers.

[b]

A tower that is modified or reconstructed to accommodate the co-location of an additional antenna, provided that it is of the same tower type as the existing tower.

[c]

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of an additional antenna.

[3]

Antenna placement on publicly-owned facilities. Wireless communication antennas or towers may be installed on publicly owned water towers or other facilities, and their accessory equipment and shelters may be installed on publicly owned property in any zoning district, with a lease approved by the Township Board and subject to the requirements of the site plan review.

[4]

Towers placed by Township and towers placed for emergency services. The placement of towers or antenna dedicated to public safety and/or emergency services is permitted in any district, subject to site plan review and approval by the Planning Commission.

(2)

For Subsection B(1)(b)[2] and [3] above, the Zoning Administrator shall review the application in accordance with the standards of this section and shall either approve, approve with conditions, or deny the application within 60 days of receipt of all required information, as determined by the Zoning Administrator. If the application is not approved, approved with conditions, or denied within 60 days, the application shall be considered approved and the Zoning Administrator shall be considered to have made any determination required for approval.

New facilities. A new wireless communication facility is permitted in the Industrial (I) or Agricultural - Rural Residential (AG-RR) District if authorized by the Planning Commission as a special land use. Such facilities shall comply with the following conditions:

(1)

Height. The maximum height for a wireless communication tower shall be 199 feet, unless a radio frequency engineer or similarly qualified professional demonstrates to the satisfaction of the Planning Commission that a taller tower is necessary.

(2)

Construction. The applicant shall provide all appropriate engineering information site plans and drawings to the Zoning Administrator at the date of application. No building other than the associated support building or cabinet, sidewalk, parking lot or other area with anticipated pedestrian or vehicular traffic shall be permitted within the self-collapsing or "fall zone" area.

(3)

Compatibility. The wireless communication facility and associated buildings or structures shall be aesthetically and architecturally compatible with the surrounding environment and be in full compliance with all local, state and federal regulations and laws. The Planning Commission may require the use of residentially compatible materials, such as wood, brick and stucco, for associated support buildings or structures, designed to architecturally match the exterior of residential structures within the neighborhood. Further, the Planning Commission may require fencing and/or landscaping around accessory buildings or cabinets, guy wire anchor points, or other parts of the facility to screen them from view from adjacent property or roadways.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4)

Review requirements. In addition to the requirements of this section, an application for a new wireless communication facility shall include the following information:

(a)

Name, address, phone numbers and signatures of the applicant, proposed operator and property owner of the site.

(b)

Name and address, including phone number, of the person responsible for determining feasibility of co-location as provided in this section.

(c)

The existing form of technology being used and any changes to that technology.

(d)

Documentation that the applicant has investigated the potential of co-location with other wireless communication service providers or owners of wireless communications support structures located in the Township or neighboring communities and which may meet the coverage needs of the applicant.

(e)

Written materials which document the need for the proposed location.

(f)

A set of drawings sealed by a professional engineer of all proposed wireless communications equipment, wireless communications support structures, buildings, structures and cabinets, including elevations and renderings, showing the proposed facility from four vantage points located not less than 200 feet nor more than 500 feet from the proposed tower location.

(g)

A description of a maintenance plan relating to the proposed wireless communications equipment, wireless communications support structures, buildings, structures, cabinets and surrounding landscape.

(h)

Radio-frequency propagation or coverage maps showing signal strength information for the vicinity, both with and without the proposed tower.

(i)

Registered engineer's certification of the design and safety of the proposed tower, which shall set forth the fall zone area for the proposed tower. If such fall zone area is less than that of a circle whose radius is equivalent to the height of the proposed tower, such certification shall provide structural calculations and detail sufficient to demonstrate the accuracy of such lesser fall zone area determination. Such certification shall be provided by an engineer licensed to practice in Michigan.

(j)

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

(k)

A statement signed by the applicant, indicating the number and type of additional antenna the proposed facility will accommodate through co-location.

(l)

Each applicant shall provide an inventory of existing towers, tall structures, antennas, or sites approved for towers or antennas, that are either within the Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower or tall structure.

(m)

The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. The applicant shall also demonstrate the reasons such existing towers or tall structures cannot be used in lieu of the proposed communication tower.

(n)

Third-party review and additional studies:

[1]

A qualified, independent third-party review of the special land use application, or any or all additional studies, may be required by the Planning Commission. Further, the Planning Commission may require additional studies not specifically required by this section if the Commission determines that such additional studies will aid in the evaluation and review of the proposed wireless communication facility. The fees of the independent third-party review and for any additional studies required by the Planning Commission shall be paid for by the applicant.

[2]

Once all required materials are submitted, the Planning Commission shall review the application in accordance with the standards of this section and shall either approve, approve with conditions, or deny the application for a new wireless communication facility within 90 days of receipt of all required information, as determined by the Zoning Administrator. If the Planning Commission does not approve, approve with conditions, or deny the application within 90 days, the application shall be considered approved and the Planning Commission shall be considered to have made any determination required for approval.

(5)

Location criteria.

(a)

Facilities shall be sited to minimize views from residential areas or the public right-of-way.

(b)

The structure shall be located on a site of sufficient size such that the entire fall zone is located on the parcel where the wireless communication antenna is proposed.

(c)

Minimum spacing between towers shall be at least two miles unless the applicant demonstrates to the Planning Commission's satisfaction that such spacing is not feasible.

(6)

Development and design standards.

(a)

All wireless communication towers shall be of a monopole design, unless the applicant demonstrates to the Planning Commission's satisfaction that a guyed or lattice tower design is needed.

(b)

All wireless communication towers, facilities, structures, cabinets, and equipment shall comply with all applicable state construction and electrical codes and local building permit requirements. Wireless communication towers and all associated equipment and accessory structures, including cabinets, guy wires, and related structures, shall be set back from any lot line a minimum of 150 feet, or a distance equal to or greater than the height of the tower, whichever is greater.

(c)

Wireless communication facilities shall be painted in unobtrusive colors.

(d)

Wireless communication towers shall be designed to prevent unauthorized climbing.

(e)

When the FAA or other federal or state authority requires lighting, it shall be the minimum required to meet regulations. It shall be oriented inward so as not to project onto surrounding properties. If not required by the FAA or MDOT, the wireless communication tower shall not be lit.

(f)

The Planning Commission may require anti-climbing devices and security fencing of at least six feet preventing access to the associated building, cabinet or structures, tower, and/or guyed wires.

(g)

Signs and logos are prohibited on the tower.

(h)

Electric, telephone and other utilities servicing a facility shall be buried underground.

(i)

Towers shall be located so that they do not interfere with television, radio, or shortwave radio reception in nearby residential areas.

(j)

Existing on-site vegetation shall be preserved to the maximum extent practicable. However, the site shall be maintained in harmony with the surrounding properties.

(k)

Where the property line of a site containing a wireless communication facility abuts a residential zoned or used area, the operator shall provide a plant screen sufficient in density and height so as to have an immediate buffering impact on adjacent property.

(l)

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

(m)

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

(n)

Towers with antenna shall be designed to withstand a uniform wind loading as prescribed in the Building Code.[2]

[2]

Editor's Note: See Ch. 135, Construction Standards and Enforcement, Art. I.

(o)

Structures shall be subject to current state and federal regulations concerning nonionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

(p)

All wireless communication towers associated with the wireless communication facility shall be located on the property owned or leased by the communications company operating the facility, including all guyed wires and anchors relating thereto.

(q)

The access road leading to the facility shall be constructed of gravel and/or aggregate sufficient to maintain adequate access to the site. A driveway permit, where necessary, will be sought and received by the applicant prior to issuance of any building permit.

(r)

The applicant is responsible for seeking and receiving any and all permits required for the site location, including but not limited to FAA, Michigan Aeronautics Commission, Berrien County Road Commission, or other federal, state, or local agencies.

(s)

Wireless communication equipment and wireless communication support structures shall be regulated and permitted pursuant to this section. They shall not be regulated or permitted as essential services, public utilities, or private utilities.

(t)

All new wireless communication facilities shall be designed within the applicable ANSI standards.

(7)

Co-location and construction. Any proposed tower shall be designed and constructed to accommodate future co-location. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept not less than three antennas mounted at varying heights. Whenever possible, proposed wireless communication facilities shall co-locate on existing buildings, structures, and existing wireless communication towers. If an owner/operator of an existing tower fails to or refuses to permit co-location, such a structure shall be a nonconforming structure and shall not be altered or expanded in any way and shall be prohibited from receiving approval for a new tower within the Township for a period of five years from the date of the failure or refusal to permit the co-location. As a condition of the special land use, the applicant will be requested to allow co-location of municipal antennas on the tower for fire and police use.

(8)

Discontinuance and removal.

(a)

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners when a wireless communication tower has not been used for a period of 90 consecutive days.

(b)

Upon the occurrence of the discontinuance of a wireless communication facility specified above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.

(9)

Removal guarantee required.

(a)

At the time of approval of a wireless communication facility, the applicant shall submit a financial guarantee of an amount to be determined by the Township, to cover the cost for removal of the wireless communication facility pursuant to this Subsection C(9). This removal guarantee shall be in place as long as the wireless communication facility is active and operational and shall be reviewed at least every 10 years to ensure the amount of the guarantee sufficiently covers the cost of removal.

(b)

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the Township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the removal guarantee posted at the time application was made for establishing the facility.

(10)

Performance guarantee. The Planning Commission may require a performance guarantee pursuant to § 380-21.07 of this chapter.

§ 380-15.33 Adult use marihuana establishments and facilities.

[Added 6-12-2023 by Ord. No. 62[1]]

Purpose and intent. The purpose of this section is to protect the public health, safety, and welfare, protect neighborhood character, minimize negative community impacts, and enact effective regulatory and enforcement controls through minimum land use requirements for adult use marihuana establishments and facilities in Three Oaks Township. Marihuana establishments, as defined pursuant to Section 3 (h) of the Michigan Regulation and Taxation of Marihuana Act (MRTMA),[2] include a marihuana grower, safety compliance facility, processor, microbusiness, retailer, or a secure transporter, or other establishment types permitted by applicable Rules for Adult Use Marihuana Establishments, as amended, promulgated by the State of Michigan Department of Licensing and Regulatory Affairs (LARA) and the Cannabis Regulatory Agency (CRA) or Marihuana facilities as defined pursuant to the Medical Marihuana Facilities Licensing Act (MMFLA).[3]

[2]

Editor's Note: See MCLA § 333.27953(1).

[3]

Editor's Note: See MCLA § 333.27101 et seq.

Establishments permitted. Adult use marihuana establishments, marihuana facilities, and marihuana grower may only be permitted as a special land use in accordance with provisions of this section and only those facilities listed in the table below may be permitted in the zoning districts indicated. Adult use marihuana establishments, facilities, and growers not specifically listed in the table below are prohibited in Three Oaks Township.

Establishment/Facility Type	Zoning Districts Permitted
Marihuana retailer	C-1 Commercial I Industrial (Subject to Chapter 380, § 380-10.03 and § 380-15.24)
Marihuana provisioning center	N/A
Marihuana microbusiness (any class)	C-1 Commercial
Marihuana processor	C-1 Commercial or I Industrial
Marihuana safety compliance facility	I Industrial
Marihuana secure transporter	I Industrial
Marihuana grower (any class)	I Industrial or AG-RR Rural Residential Agriculture

License required.

(1)

In addition to the special land use permit required by this section, a municipal permit issued by Three Oaks Township pursuant to Ordinance 63[4] shall be required prior to operating any adult use marihuana establishment or facility in Three Oaks Township, along with any other licenses or permits required by any other federal, state, or local agency having jurisdiction. It shall be unlawful for any person to operate an adult use marihuana establishment or facility in the Township without obtaining both a municipal permit and a special land use permit pursuant to the requirements of this section.

[4]

Editor's Note: See Ch. 227, Marihuana Establishment.

(2)

The issuance of a special land use permit pursuant to this section does not create an exception, defense, or immunity to any person regarding any potential civil or criminal liability.

(3)

A separate special land use permit shall be required for each geographic location.

(4)

The Planning Commission may approve a special land use permit for multiple marihuana establishments or facilities at the same geographic location and/or in one building, provided that all appropriate licenses are obtained from LARA and the Three Oaks Township.

Application requirements. An application for an adult use marihuana establishment or facility special land use shall be accompanied by a site plan pursuant to Article 16, along with any additional information necessary to describe the proposed establishment or facility. At a minimum, the following materials shall be submitted as part of an application for an adult use marihuana establishment or facility:

(1)

Verification. A signed statement by the applicant indicating the proposed establishment type or facility type, including any requested special licenses, provided that such special licenses are authorized by Three Oaks Township and by applicable Rules for Adult Use Marihuana Establishments or facilities, as amended, promulgated by LARA.

(2)

Consent. A notarized statement by the property owner that acknowledges the use of the property for a marihuana establishment or facility and an agreement to indemnify, defend, and hold harmless the Township, its officers, elected officials, agents, employees, and insurers, against all liability, claims, or demands arising out of, or in connection with, the operation of a marihuana establishment. Written consent shall also include approval of the owner and operator for the Township to inspect the establishment at any time during normal business hours to ensure compliance with applicable laws and regulations.

(3)

State license required. A copy of a prequalification letter issued by the State of Michigan indicating that the applicant has successfully completed the application for a state operating license and has obtained prequalification status.

(4)

Municipal permit required. A copy of the complete application for a municipal permit pursuant to Ordinance 63.[5] When a municipal permit from the Township has not yet been obtained prior to applying for a special land use, the Planning Commission shall require a municipal permit from Three Oaks Township as a condition of special land use approval.

[5]

Editor's Note: See Ch. 227, Marihuana Establishments.

(5)

Performance guarantee required. If a new building is being constructed, the applicant shall provide a performance guarantee in a form acceptable to the Township to ensure completion of the project in conformance with Township requirements.

Site plan requirements. In addition to compliance with all license and application requirements, including, but limited to, § 380-16.04, the following information shall also be submitted:

(1)

A map, drawn to scale, containing all K-12 public or private schools, preschools, and child-care centers near the proposed marihuana establishment location and a 1,000-foot isolation radius drawn around the proposed location to show an appropriate setback distance, measured from the property lines, in accordance with Subsection F(2) below.

(2)

A narrative describing how the enclosed areas with marihuana have been secured and how permitted individuals will be given access.

(3)

A detailed security plan that addresses all security measures of the marihuana establishment or facility in compliance with all applicable Rules for Adult Use Marihuana Establishments, as amended, promulgated by LARA.

(4)

A lighting plan showing the lighting outside of the marihuana establishment for security purposes and compliance with § 380-12.12 and any other applicable requirements.

(5)

Existing and proposed building elevations, including building materials, descriptions of glass to be used, and other pertinent information that describes building construction or structural alterations.

(6)

A floor plan of the marihuana establishment detailing the locations of the following:

(a)

All entrances and exits to the establishment or facility;

(b)

The location of any windows, skylights, and roof hatches;

(c)

The location of all cameras, and their field of view;

(d)

The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

(e)

The location of the digital video recorder and alarm control panel, including the location of the off-site storage or network service provider for storage of the required copies of surveillance recordings; and

(f)

Restricted and public areas.

(7)

The applicant's procedures for accepting delivery of marihuana at the establishment or facility, including procedures for how and where it is received, where it is stored, and how the transaction is recorded.

(8)

An odor control plan demonstrating compliance with Subsection F(3) hereof.

(9)

A complete landscape plan pursuant to § 380-12.11 of this chapter meeting the requirements of Subsection F(4) below.

(10)

A utility plan for the provision of water service to the site and wastewater disposal, along with proposed pretreatment methods.

(11)

Any site plan for a marihuana establishment in Industrial Zoning that includes a plan for retail is subject to, and must comply with, special land use requirements set forth in Chapter 380, Article X, including § 380-10.03 and § 380-15.24.

General requirements: All adult use marihuana establishments or facilities shall be subject to the following additional requirements:

(1)

Security. The marihuana establishment shall comply with all applicable security requirements contained in applicable Rules for Adult Use Marihuana Establishments, as amended, promulgated by LARA.

(a)

All marihuana and marihuana accessories shall be located within an enclosed, locked area, inaccessible on all sides, and equipped with locks that permit access only by the licensed operator or their employees, agents of LARA, law enforcement officers, emergency personnel, and other authorized individuals designated by the Township.

(b)

Adult use marihuana establishments or facilities subject to the provisions of this section shall not grow marihuana outdoors.

(c)

Marihuana establishments and facilities shall use commercial-grade, nonresidential door locks on all points of entry and exit to the permitted premises.

(d)

Security cameras are required to be installed and operated in marihuana establishments and facilities 24 hours per day, 365 days per year, and shall be directed to record only the subject property. Required security cameras may not be directed to public rights-of-way as applicable, except as required to comply with applicable Rules for Adult Use Marihuana Establishments, as amended, promulgated by LARA.

(2)

Separation distances. The distances described in this subsection shall be computed by measuring a straight line from the nearest property line of the land used for the purposes stated in this subsection to the nearest property line of the parcel used as a marihuana establishment or facility. A marihuana establishment or facility shall not be located within:

(a)

One thousand feet of a preschool or child-care center, whether or not it is within Three Oaks Township; or

(b)

One thousand feet of a public or private K-12 school, whether or not it is within the Three Oaks Township.

(3)

Odors. The marihuana establishment or facility shall be designed to provide sufficient odor-absorbing ventilation and exhaust systems so that any odor generated inside the establishment or facility is not detectable outside the building in which it operates, on adjacent public rights-of-way, private road easements, or within other units located within the same building as the establishment or facility if it occupies only a portion of the building.

(4)

Required landscaping.

(a)

Where a rear or side yard of a property used for an adult use marihuana establishment district abuts a property used for residential purposes or within a residential zoning district, an obscuring wall not less than six feet or more than eight feet in height shall be provided in such a manner to buffer the residential use from the adult use marihuana establishment. The obscuring wall shall meet the following requirements:

[1]

The wall shall be constructed along the property line.

[2]

The wall shall be continuous, unless an opening is required by the building inspector or department of public safety.

[3]

The wall shall be constructed of privacy fence, split-face block, brick, stone, or a similarly opaque material with the finished side facing adjacent property.

(b)

In addition, any yard of an adult use marihuana establishment or facility facing a public or private street shall contain a landscaped area at least 10 feet in depth. This area shall contain at least one deciduous tree and three shrubs at least three feet in height for each 30 lineal feet of frontage.

(c)

Parking lot landscaping shall be provided pursuant to § 380-13.04 of this chapter.

(d)

All parking, loading, maneuvering, and delivery areas shall be surfaced with asphalt or concrete.

(5)

The Township may require pretreatment of stormwater or wastewater serving a marihuana establishment, which shall be reviewed by the Township Engineer.

(6)

The marihuana establishment or facility shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety, or welfare.

(7)

The marihuana establishment or facility shall not be operated out of a residence or any building used wholly or partially for residential purposes.

(8)

A marihuana establishment shall not be operated within a business that also sells alcoholic beverages or tobacco products.

(9)

Any portion of the structure where energy usage and heat exceed typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Fire Department to insure compliance with applicable fire codes. Any fuel, fertilizer, pesticide, fungicide, rodenticide, herbicide, or other substance toxic to wildlife, children, or pets shall be stored in a secured and locked area and be in compliance with state pesticide laws and regulations.

(10)

All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the structure which contains electrical wiring, lighting, and/or watering devices that support the cultivation, growing, and/or harvesting of marihuana.

(11)

The marihuana establishment or facility shall comply at all times and in all circumstances with the MMFLA and/or MRTMA, and the Rules for Adult Use Marihuana Establishments, as amended, promulgated by LARA.

(12)

In the event of any conflict, the terms of this section are preempted and the controlling authority shall be the statutory regulations set forth by the MMFLA and/or MRTMA or the adopted Rules for Adult Use Marihuana Establishments, as amended, promulgated by LARA.

Effect of permit.

(1)

A special land use permit for a marihuana establishment or facility is valid only for the location identified on the license and cannot be transferred to another location within the Township without a new special land use permit.

(2)

A special land use permit does not prohibit prosecution by the federal government of its laws or prosecution by state authorities for violations of the act or other violations not protected by the MMFLA and/or MRTMA.

(3)

Compliance with all Township ordinances and state statutes is a condition of maintenance of a special land use permit.

(4)

Nothing contained herein is intended to limit the Township's ability to prosecute code violations that may have been the cause of the suspension or any other code violations not protected by MMFLA and/or MRTMA.

Violations. Failure to comply with the requirements of this section shall be considered a violation of the zoning ordinance.

(1)

Request for revocation of state operating license. If at any time an authorized establishment or facility violates this section or any other applicable Township ordinance, the Township may request that LARA revoke or refrain from renewing the establishment or facility's state operating license.

(2)

Any approval granted for an adult use marihuana establishment may be revoked or suspended automatically for either of the following reasons:

(a)

Revocation or suspension of the licensee's authorization to operate by LARA.

(b)

A finding by LARA that a rule or regulation has been violated by the licensee. After an automatic revocation of a special land use approval, a new special land use application shall be required for an establishment or facility to commence operation at the same location.

(3)

Other violations of the Zoning ordinance, special land use permit, or conditions imposed thereon by the Planning Commission.

[1]

Editor's Note: This ordinance also renumbered former §§ 380-15.33 and 380-15.34 as §§ 380-15.34 and 380-15.35, respectively.

§ 380-15.34 Contractor storage yards.

[Added 1-14-2019 by Ord. No. 6C]

All site ingress and egress shall be directly from a paved public road.

Outdoor storage areas for vehicles, materials, and equipment used in connection with the business shall be fully enclosed by a fence, wall, or landscaped area not less than six feet in height. The Planning Commission may waive this requirement if existing vegetation adequately screens the use from adjacent properties and public rights-of-way.

A contractor storage yard shall be located on a parcel at least five acres in area.

Except for temporary staging, retrieving, and storage of materials and equipment within a fenced and screened outdoor storage area, all work associated with the business shall be conducted indoors.

Storage of fuel or other hazard substances must be within EPA-approved containers and located in such a manner to avoid spilling or contaminating groundwater.

The Planning Commission may establish hours of operation and require other operational conditions for contractor storage yards.

§ 380-15.35 Restaurants accessory to existing recreational facility.

[Added 8-10-2020 by Ord. No. 61]

Site ingress and egress shall be directly from a paved public road.

The Planning Commission shall establish hours of operation and may require other operational conditions for a restaurant.

Within the AG-RR District, restaurants when conducted as an accessory use to an existing recreational facility may be permitted where the Planning Commission finds that a restaurant shall not undermine the fundamental agricultural character of the district.

The restaurant activity shall be conducted in part as an ancillary element to the recreational facility while being open to the public.

The total floor area of the restaurant shall not exceed 50% of the building which hosts the recreational facility.

Three Oaks Township
City Zoning Code

ARTICLE XV

Special Uses

§ 380-15.01 Purpose.

§ 380-15.02 Application procedures.

An application for permission to establish a special use shall be submitted and acted upon in accordance with the following procedures:

Required information. An application for a special use permit shall be accompanied by the following documents and information:

(1)

An application form, supplied by the Zoning Administrator, which has been completed in full by the applicant.

(2)

A site plan, as specified in Article XVI, Site Plan Review.

[Amended 9-20-2017 by Ord. No. 6B]

§ 380-15.03 Basis of determination.

(1)

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

(2)

The special use shall not change the essential use of the surrounding area.

(3)

(4)

The special use shall not place demands on public services and facilities in excess of current capacity.

(5)

The special use is in compliance with the Three Oaks Township Master Plan.

§ 380-15.04 Specific standards for special uses.

§ 380-15.05 Accessory dwelling.

(Reserved)

§ 380-15.06 Adaptive reuse.

(Reserved)

§ 380-15.07 Adult uses.

Purpose and intent.

(1)

(2)

(3)

(4)

Review provisions. Adult businesses as defined herein will be allowed in the C-1 District as a listed special land use, subject to all the provisions of this article.

(1)

A statement of supporting evidence demonstrating compliance with the requirements of this section on a subsection-by-subsection basis.

(2)

(3)

Final building floor plans and specifications of the proposed development.

(4)

A description of the proposed use, including references to definitions within this section.

(5)

Basis for determinations; specific requirements. In reviewing an application for an adult business, the Planning Commission shall determine whether the following specific requirements have been met:

(1)

(2)

The proposed adult business will not have a detrimental impact upon the property values of properties located within 750 feet of such proposed adult business.

(3)

(4)

Entrances to the proposed adult business will be posted on both the exterior and interior walls, clearly visible to the public, indicating in lettering no less than two inches in height that:

(a)

"No one under the age of 18 is permitted to enter the premises"; and

(b)

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(5)

No product or service for sale or gift, or any picture or other representation thereof, shall be displayed so as to be visible from the street or exterior of the building.

(6)

Hours of operation shall be limited to 8:00 a.m. to 12:00 a.m. (midnight).

(7)

Persons operating an adult business shall not permit any person under the age of 18 years to be on the premises either as an employee or as a customer.

(8)

(9)

Total nudity of service persons, waitstaff, performers, dancers, entertainers or others, whether employees of the adult use or contractors, shall be prohibited.

(10)

All off-street parking areas shall be illuminated during all hours of operation in accordance with this chapter and shall otherwise be open to view from the adjacent roadway.

(11)

(12)

(13)

The premises shall meet all barrier-free requirements and building code requirements applicable in the Township.

(14)

(15)

(16)

§ 380-15.08 Bed-and-breakfast operations.

Bed-and-breakfast operations shall be subject to the following provisions:

Off-street parking for one vehicle for each bedroom to be rented must be available in addition to requirements for residential family vehicles.

Bathrooms must be furnished for guest rooms, one bathroom not to serve over four guest rooms.

No separate cooking facilities are allowed for a bed-and-breakfast operation if only a continental breakfast is served.

In residential districts, one sign shall be permitted pursuant to Article XIV of this chapter. No off-site signage shall be permitted.

The letting of bed-and-breakfast rooms shall be limited to short-term occupancy, not to exceed 30 continuous days.

A residence must contain a minimum of 2,400 square feet of floor area to be converted into a bed-and-breakfast facility.

§ 380-15.09 Day care, group.

(Reserved)

§ 380-15.10 Dwelling, multiple-family.

(Reserved)

§ 380-15.11 Dwelling, single-family.

Single-family dwellings, when treated as a special land use under this chapter, shall be subject to the following regulations:

A single-family dwelling shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.

[1]

Editor's Note: See Ch. 135, Construction Standards and Enforcement, Art. I.

A single-family dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the Berrien County Health Department.

A single-family dwelling shall contain a parking pad, garage or covered parking as required by this chapter.

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Township Building Code provisions and requirements.

All construction shall conform with health, safety, and welfare specifications of the adopted building code for emergency egress, rescue windows and smoke detectors.

§ 380-15.12 Dwelling, two-family.

(Reserved)

§ 380-15.13 Farm product processing facility.

Regulations and conditions.

(1)

The Planning Commission may establish hours of operation for such uses consistent with the character of the land uses in the vicinity.

(2)

The applicant shall demonstrate that the proposed use does not significantly affect traffic circulation and transportation safety in the area in which it is proposed.

(3)

(4)

(5)

Such facilities shall be located and designed such that no objectionable noise in excess of 60 decibels shall be carried onto adjoining property zoned for, or occupied by, residential uses.

(6)

Such facilities shall be located and designed such that no objectionable odor or fumes shall be carried onto property located in the R-1, R-2, R-3 or R-4 Districts.

(7)

(8)

(9)

(10)

§ 380-15.14 Gasoline station with convenience store.

(Reserved)

§ 380-15.15 Governmental office.

(Reserved)

§ 380-15.16 Hobby farm or specialty farm operation.

Definition. A smallholding or small farm operation that is maintained without expectation of being a primary source of income, or a small farm operation engaged in specialty crops at a modest scale.

Regulations and conditions.

(1)

A hobby/specialty farm operation located in the R-1 District shall not exceed 20 acres in area.

(2)

A hobby/specialty farm operation that involves retail sales to the general public shall also be regulated as a major home occupation, subject to the provisions of § 380-15.17.

(3)

The Planning Commission shall find satisfactory measures to assure no noise emitted from the use will exceed 45 decibels for periods in excess of two hours in any twenty-four-hour period.

(4)

The Planning Commission shall require satisfactory measures to prevent the release of noxious, odorous or toxic smoke, gas or other emissions detectable at any property line.

(5)

The Planning Commission shall require satisfactory measures to prevent the drifting or airborne transmission beyond the lot line of dust, dirt or debris.

(6)

§ 380-15.17 Home occupation, major.

Performance standards. Home occupations shall comply with the following standards:

(1)

A home occupation shall be conducted only by the resident(s) of the dwelling plus not more than one nonresident.

(2)

A home occupation shall be conducted entirely within the dwelling unit or not more than one accessory building.

(3)

(4)

There shall be no outdoor storage or display of any kind related to the home occupation.

(5)

(6)

Parking generated by the conduct of the home occupation shall be provided off the street.

Home-based businesses. All home-based businesses shall comply with the following standards in addition to the standards for home occupations as set forth above:

(1)

Only one commercial vehicle, limited to maximum of one ton, shall be parked at the residence at any given time for the purpose of the home-based business.

(2)

All equipment and/or tools associated with the home-based business shall be stored indoors and shall be limited to one accessory building.

§ 380-15.18 Hotels and motels.

(Reserved)

§ 380-15.19 Kennels.

The minimum lot area shall be one acre for the first four animals, and an additional 1/3 acre for each animal in addition to the first four.

Dog runs and exercise areas shall not be located in any front yard or required side or rear yard setback area.

All principal-use activities, other than outdoor dog runs or exercise areas, shall be conducted within a totally enclosed building.

§ 380-15.20 Landfill and gas recovery.

Regulations and conditions.

(1)

All required state and federal licenses and permits shall be issued prior to the start of operations and shall remain in effect.

(2)

No operation to capture, refine or remarket landfill gasses shall be initiated without prior approval from the Township pursuant to this Article XV.

(3)

An operation to capture, refine or remarket landfill gasses shall not result in any additional public expense for the Township without compensating reimbursement from such operation.

§ 380-15.21 Place of public assembly, large.

A large place of public assembly shall take its primary vehicular access from an all-season county road.

For a large place of public assembly, the Zoning Administrator may require special studies or research under the terms of § 380-16.04D of this chapter.

All signs shall be in compliance with the provisions of Article XIV of this chapter.

All off-street parking shall be in compliance with Article XIII of this chapter.

Landscaping and buffering shall be provided in accordance with § 380-12.11 of this chapter.

§ 380-15.22 Planned unit developments.

(1)

To promote the conservation of natural features and resources.

(2)

To promote and ensure greater compatibility of design and use between neighboring parties.

(3)

To allow for the flexibility in the regulation of land development.

(4)

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

(5)

To achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities.

(6)

To encourage useful open space.

(7)

To provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of the Township.

Qualifying conditions. In order to be eligible for planned unit development, the proposed area must meet the following criteria:

(1)

The proposed area shall consist of a minimum of five acres of contiguous land.

(2)

Public utilities as defined herein shall be available to service the site.

(3)

[Amended 9-14-2015 by Ord. No. 50]

Development requirements.

(1)

Density.

(a)

Uses in any underlying zoning district shall be subject to the following density and open space standards; provided, however, there shall be no density bonus for a nonresidential PUD:

Table 3-A
Minimum Percent of Site Preserved as Common Open Space	Maximum Density Bonus
25% minimum open space	5% density bonus
35% minimum open space	10% density bonus
45% minimum open space	15% density bonus