Article 40-7 . SITE DEVELOPMENT STANDARDS

ARTICLE VII. SITE DEVELOPMENT STANDARDS

40-851. Intent and scope of regulations.

Each use listed in this article, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use that is of an area, intensity or type, or that possesses characteristics that are unique or atypical for the district in which the use is allowed. These standards are intended to ensure that such uses will be compatible with surrounding land uses and ensure the orderly development of the district. Conformance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.

(Ord. No. 147-43, § 7.001, 12-15-2003)

40-852 Nonresidential uses.

(a) Automobile or vehicle sales. Automobile or vehicle sales operations with repair facilities or outdoor sales space shall be subject to the requirements that follow. These requirements shall apply to any operation involving the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks and other vehicles.

(1) Grading, surfacing and drainage. Outdoor sales lots, parking areas and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing and drainage plans shall be subject to review and approval by the township engineer.

(2) Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

(3) Servicing of vehicles. All servicing of vehicles shall be subject to the following requirements:

a. Service activities shall be clearly incidental to the vehicle sales operation.

b. Vehicle service activities shall occur within a completely enclosed building.

c. Partially dismantled vehicles, damaged vehicles, new and used parts and discarded parts shall be stored within a completely enclosed building.

d. Buildings containing the service operations shall be located a minimum of 50 feet from any abutting residential property line.

e. There shall be no external evidence of the service operations, in the form of dust, odors or noise, beyond the interior of the service building.

f. Buildings should be oriented so that open bays do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per article VI of this chapter.

(4) Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.

(5) Setbacks. Outdoor sales lots, parking areas and other vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in article V of this chapter.

(6) Minimum lot area. The minimum lot area required for such uses shall be determined on a case-by-case basis.

(b) Automobile fueling stations; automobile service stations; automobile repair garages.

(1) Automobile fueling station and automobile service station. The following regulations shall apply to automobile fueling stations and automobile service stations (see definition):

a. Minimum lot area. The minimum lot area required for such uses shall be 20,000 square feet.

b. Minimum lot width. The minimum lot width required for such uses shall be 150 feet.

c. Minimum setbacks. Buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides that abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements:

1. Nearest edge of pump island: 25 feet.

2. Nearest edge of unenclosed canopy: 20 feet.

d. Ingress and egress. Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near vehicular or pedestrian entrances or crossings.

e. Curbs. A curb of at least six inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two feet of abutting landscaped areas, sidewalks, streets, buildings or adjoining property.

f. Layout. Any lubrication equipment, automobile wash equipment, hoists and pits shall be enclosed entirely within a building. Fueling stations shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings or adjoining property while being served. Adequate vehicle parking and stacking spaces shall be provided as required in article V of this chapter.

g. Orientation of open bays. Buildings should be oriented so that open service bays do not face onto adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building or obscuring wall per section 40-820

h. Outside storage. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside a building.

i. Vehicle sales and storage. The storage, sale or rental of new or used cars, trucks, trailers and any other vehicles on the premises is prohibited except in conformance with this chapter.

(2) Automobile repair garage–Minor repairs. Vehicle repair that is minor in nature (see definition).

a. Minimum lot area. The minimum lot area required for such uses shall be 20,000 square feet.

b. Minimum lot width. The minimum lot width shall be 100 feet.

c. Minimum setback. Buildings shall comply with the setback requirements for the district in which they are located. However, a minimum setback of 40 feet shall be maintained on all sides that abut property that is zoned or used for residential purposes.

d. Ingress and egress. Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near vehicular or pedestrian entrances or crossings.

f. Layout. Lubrication equipment, automobile wash equipment, hoists, pits and other equipment shall be enclosed entirely within a building. Adequate vehicle parking and stacking spaces shall be provided as required in article V of this chapter.

g. Outside storage. Inoperable or partially dismantled vehicles may be stored or parked outside for a period not exceeding 48 hours, provided that such vehicles are stored in the rear yard within an obscuring wall as per section 40-820

h. Vehicle sales and storage. The storage, sale or rental of new or used cars, trucks, trailers and any other vehicles on the premises is prohibited.

(3) Automobile, truck and heavy equipment repair garage; major repairs. Vehicle repair that is major in nature (see definition).

a. Minimum lot area. The minimum lot area required for such uses shall be 20,000 square feet.

b. Minimum lot width. The minimum lot width shall be 100 feet.

c. Minimum setback. The building shall comply with the setback requirements for the district in which it is located.

d. Ingress and egress. Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to the traffic generated by other buildings or uses or its location near vehicular or pedestrian entrances or crossings.

f. Layout. All lubrication equipment, automobile wash equipment, hoists, pits and other equipment shall be enclosed entirely within a building. Adequate vehicle parking and stacking spaces shall be provided as required in article V of this chapter.

g. Outside storage. Inoperable, wrecked or partially dismantled vehicles may be stored or parked outside for a period not exceeding 30 days, provided that such vehicles are stored in the rear yard within an obscuring wall as per section 40-820

h. Vehicle sales and storage. The storage, sale or rental of new or used cars, trucks, trailers and any other vehicles on the premises is prohibited.

(c) Automobile wash or carwash establishment. The following regulations shall apply to automobile wash or carwash establishments:

(1) Minimum lot area. The minimum lot area required for automobile or carwash establishments shall be 10,000 square feet.

(2) Layout. All washing activities shall be carried on within a fully enclosed building. Vacuum activities shall be permitted provided that such activities are located at least 25 feet from adjacent residentially zoned or used property. Entrances and exits shall not face abutting residentially zoned or used property. Adequate vehicle parking and stacking spaces shall be provided as required in article V of this chapter.

(3) Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes and exit aprons shall be located within the car wash property. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.

(4) Exit lane drainage. Exit lanes shall be sloped to drain water back to the wash building or to drainage grates.

(d) Drive-in establishments.

(1) Setbacks. Buildings or other structures proposing front yard parking for a drive-in establishment must meet the requirements for the zoning district in which it is located. If parking is proposed in the front yard, any building or structure must be set back a minimum of 60 feet from any street right-of-way line.

(2) Location of driveways. Driveways serving drive-in establishments shall provide direct access from a major thoroughfare or arterial road. The nearest edge of any entrance or exit drive shall be located no closer than 60 feet from any street or road intersection, as measured from the nearest intersection right-of-way line.

(3) Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential, commercial or office use, subject to the requirements in section 40-820.

(e) Fast-food and drive-through restaurants. The following regulations shall apply to fast-food and drive-through restaurants:

(1) Minimum frontage. The site shall have a minimum of 120 feet of frontage on a major thoroughfare.

(2) Location of driveways. Ingress and egress points shall be located no closer than 60 feet from the intersection of any two streets (measured from the nearest right-of-way line). Points of vehicular ingress and egress shall be limited to the thoroughfare having business zoned frontage only. The minimum distance between driveways providing off-site ingress or egress shall be at least 65 feet measured from the two closest driveway curbs.

(3) Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential or office use, subject to the requirements in section 40-820.

(4) Control of sound level. Devices for the transmission of voices shall be so directed or muffled so as to prevent sound from being audible beyond the boundaries of the site.

(5) Stacking spaces. A restaurant with a drive-through window shall provide stacking spaces for each drive-through window as required in the schedule of off-street parking, section 40-786(c)(9).

(f) Funeral homes or mortuaries. The following regulations shall apply to funeral homes and mortuaries:

(1) Assembly area. An adequate assembly area shall be provided off street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.

(2) Screening. The service and loading area shall be obscured from adjacent residential areas in accordance with section 40-820.

(3) Caretaker’s residence. A caretaker’s residence may be provided within the main building of the funeral home or as an approved accessory building on the site, subject to the requirements for single-family structures in article III, division 2 of this chapter. In nonresidential districts, the structure shall comply with the requirements for the R-3 one-family residential district as stated in the schedule of regulations, article III, division 5 of this chapter.

(g) Group day care home; child care center. The following regulations shall apply to group day care homes, child care centers, nursery schools, day nurseries and preschools:

(1) Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the state department of human services and shall comply with the minimum standards outlined for such facilities.

(2) Location.

a. A group day care home shall not be located closer than 1,500 feet to any of the following:

1. Another licensed group day care home.

2. Another adult foster care small group home or large group home licensed under the Adult Foster Care Licensing Act.

3. A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under Article 6 of the Public Health Code.

4. A community correction center, resident home, halfway house, or other similar facility which houses an intimate population under the jurisdiction of the department of corrections.

b. A child care center shall be allowed as a special use approval in the districts listed in the ordinance, as well as part of the following specific uses upon demonstration of compliance with the requirements listed in this section:

1. Public, parochial, and other private elementary, intermediate, or high schools, licensed by the state of Michigan to offer courses in general education.

2. Public or private colleges, universities and other such institutions of higher learning, offering courses in general, technical or religious education.

3. Religious institutions, subject to the provisions in section 40-852(r).

(3) Outdoor play area. A minimum of 150 square feet of outdoor play area shall be provided and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with article VI of this chapter.

(4) Frontage. Child care centers shall front onto a thoroughfare or collector road that is constructed to county road commission standards.

(5) Setbacks. Child care centers shall have a minimum side yard setback of at least 25 feet.

(h) Hospitals. The following regulations shall apply to hospitals:

(1) Lot area. The minimum lot area for a hospital site shall be ten acres.

(2) Frontage and access. Hospitals shall front onto a major thoroughfare and the main means of access to the hospital for patients, visitors and employees shall be via the thoroughfare. Secondary access to a hospital site may be off of a residential street.

(3) Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 50 feet from any property line. The planning commission may allow the placement of an eight-foot-high obscuring masonry wall at the property line in lieu of the setback requirement.

(4) Screening. Ambulance, emergency entrance areas and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping or a masonry wall.

(5) State and federal regulations. Hospitals shall be constructed, maintained and operated in conformance with applicable state and federal laws, including provisions of the state Hospital Survey and Construction Act, Public Act 299 of 1947 (MCL 331.501 et seq.), as amended.

(i) Junkyards and/or salvage yards. The following regulations shall apply to junk or salvage yards:

(1) Minimum lot area. The minimum lot area for a junkyard or salvage yard shall be five acres.

(2) Location. A parcel of land used for a junkyard shall abut only nonresidential or noncommercial land uses or zoning districts.

(3) Setbacks. A minimum setback of 200 feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing and junk materials shall be set back at least 100 feet from any road or highway right-of-way line and from any property line that abuts a residentially zoned or used district.

(4) Screening. The entire junkyard or salvage yard site shall be screened with an eight-foot obscuring masonry wall or fence, constructed in accordance with section 40-820. The wall or fence shall be uniformly painted and/or maintained in neat appearance, and shall not have any signs or symbols painted on it.

(5) Surfacing. All roads, driveways, parking lots and loading and unloading areas shall be paved and provide adequate drainage.

(6) Regulated activities. All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicle being stored on the site.

(7) Permits. All required township, county and state permits shall be obtained prior to establishing a junkyard.

(j) Commercial kennels. The following regulations shall apply to kennels:

(1) Regulatory compliance. Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.

(2) Minimum lot area. The lot on which any such kennel is located shall have a minimum lot area of one acre. If more than four animals are housed in the kennel, an additional one acre shall be required for every additional ten animals (or fraction thereof).

(3) Yard regulations. Buildings in which animals are kept, animal runs and exercise areas shall not be located in any required front, side or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.

(k) Miniwarehouses. The following regulations shall apply to miniwarehouses:

(1) Lot area. The minimum lot area for miniwarehouses shall be two acres.

(2) Permitted use. Miniwarehouse establishments shall provide for storage only. All storage must be completely contained within an enclosed building.

(3) Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot-high obscuring wall and/or fence, constructed in accordance with section 40-820. A six-foot chainlink fence may be permitted along property lines that do not abut a residentially zoned district or residential use.

(4) Exterior appearance. The exterior of any miniwarehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.

(5) Resident manager. A resident manager may be permitted on site with the responsibility of maintaining the operation of the facility in conformance with the conditions of the approval. The manager’s residence shall conform to the provision of this chapter. In nonresidential districts, the structure shall comply with the requirements for the R-3 one-family residential district as stated in the schedule of regulations, article III, division 5 of this chapter.

(6) On-site circulation and parking.

a. All one-way driveways shall be designed with one ten-foot-wide loading/unloading lane and one 15-foot travel lane.

b. All two-way driveways shall be designed with one ten-foot-wide loading/unloading lane and two 12-foot travel lanes.

c. The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.

(l) Motels and hotels. The following regulations shall apply to motels or hotels:

(1) Lot area. The minimum lot area for a motel or hotel shall be appropriate for the proposed construction.

(2) Accessory facilities. A motel or hotel may include the following amenities:

a. An attached dining room with seating capacity for at least 20 occupants at the same time, serviced by a full service kitchen; or

b. An unattached standard restaurant, as defined in this chapter, with seating capacity for not less than 50 occupants, located on the same site as the motel or on a site contiguous with the motel and developed simultaneously or in advance of the motel site.

(3) Design. Each unit available for rental within a motel or hotel shall contain a bath and at least one bedroom and encompass a minimum gross floor area of 350 square feet.

(4) Services. A motel or hotel shall provide customary services.

(m) Nursing homes, convalescent homes, rest homes, orphanages, and halfway houses. The following regulations shall apply to nursing homes, convalescent homes, rest homes, orphanages and halfway houses:

(1) Minimum lot area. The minimum lot area for such facilities shall be one acre.

(2) Frontage and access. Such uses shall front onto a major thoroughfare and the main means of access to the site for residents or patients, visitors and employees shall be via the thoroughfare. In no case shall primary access to a nursing home, convalescent home or rest home be limited to a residential street.

(3) Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 25 feet from any property lines.

(4) Open space. Any such facility shall provide a minimum of 500 square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways and accessory uses or areas shall not be counted as required open space.

(5) State and federal regulations. Nursing homes, convalescent homes, rest homes, orphanages and halfway houses shall be constructed, maintained and operated in conformance with applicable state and federal laws.

(n) Open-air business. The following regulations shall apply to permanent open-air businesses:

(1) Minimum lot area. The minimum lot area for open-air businesses shall be 10,000 square feet.

(2) Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way) and at least 20 feet from any side property line.

(3) Parking setback. Parking shall be setback a minimum of ten feet from any road right-of-way line.

(4) Lot width. The minimum lot width for open-air businesses shall be 100 feet.

(5) Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alleys.

(6) Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks or tractors that are for sale, rent or lease shall comply with the requirements in subsection (a) of this section.

(7) Plant material nursery. Nurseries that deal with plant materials shall comply with the following:

a. Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.

b. The storage of soil, wood chips, fertilizer and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.

(o) Restaurant site requirements.

(1) Access. Points of vehicular ingress and egress shall be limited to the thoroughfare having business zoned frontage only.

(2) Screening. A restaurant with a rear yard or side yard abutting a noncommercial district shall provide a permanent obscuring wall, per the requirements of section 40-820, along the full length of each abutting property line.

(3) Vehicular storage. Parking and vehicular storage in excess of 24 consecutive hours shall be prohibited at all times on the premises, and the owner, franchisee holder or lessee shall post a sign or signs giving notice that all parked or stored vehicles are subject to ticketing and removal at the owner’s expense.

(4) Rubbish and debris. Each restaurant site shall be kept free of rubbish and debris and the grass and other landscaping shall be well maintained so as to present a neat and attractive appearance at all times.

(p) Radio and television towers (commercial and public). The following regulations shall apply to commercial and public radio and television towers and microwave towers:

(1) Setbacks. Each tower shall be set back from all property lines a minimum distance equal to the height of the tower.

(2) Fencing. An open weave, six-foot-high chainlink fence shall be constructed around the entire perimeter, in accordance with section 40-737(4).

(3) State and federal regulations. All towers shall be constructed, maintained and operated in conformance with applicable state and federal laws.

(q) Recreation facilities.

(1) Outdoor recreation facilities. Outdoor recreation facilities, except for those stated in this section (golf courses, outdoor theaters, auto race tracks, horse and dog tracks, and courses for off-road vehicles and snowmobiles), such as, but not limited to, golf driving ranges, miniature golf courses, ski or skate facilities, campgrounds, fairgrounds, commercial picnic grounds, privately owned parks, soccer fields, tennis facilities, hockey rink, baseball facilities and swimming pools, shall comply with the following regulations:

a. Principal and accessory buildings shall be set back at least 25 feet form all property lines and 50 feet from any existing residential use, unless otherwise specified herein.

b. The location, layout, design or operation of outdoor recreation facilities shall not impair the continued enjoyment, use and future orderly development of adjacent and nearby properties. The planning commission may specify the hours of operation in order to ensure compatibility with adjacent uses.

c. Outdoor recreation uses shall not generate excessive noise, odors, dust or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.

d. All parking for outdoor recreation uses shall be provided in off-street parking lots, which shall be designed in accordance with article V of this chapter.

e. Lighting for outdoor recreation uses shall comply with section 40-731

f. Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with section 40-813(e).

g. Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.

(2) Indoor recreation facilities. Indoor recreation facilities, such as, but not limited to, bowling establishments, indoor archery ranges, firing ranges, indoor tennis courts, indoor skating rinks or hockey rinks, indoor skate parks, indoor firing ranges, indoor soccer arenas and similar indoor recreation uses shall comply with the following regulations:

a. Indoor recreation uses shall be set back a minimum of 50 feet from any property line that abuts a residential district.

b. The location, design and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.

c. Indoor recreation uses shall have direct access onto a major thoroughfare.

(r) Religious institutions. The following regulations shall apply to all religious institutions, including churches, synagogues, temples and related uses:

(1) Minimum site area. The minimum site area for a religious institution shall be 40,000 square feet. For the purpose of determining minimum site area, all contiguous land owned by the institution and any land area separated from the principal use by a public right-of-way other than a major thoroughfare may be included. Any land area separated by a right-of-way shall be considered to be an integral part of the site plan for review and approval purposes.

(2) Lot width. The minimum lot width for religious institutions shall be 200 feet.

(3) Parking setback. Off-street parking shall be prohibited in the front setback area required by this chapter for the underlying zoning district. No parking shall be allowed within 15 feet of any property line. Except for the above front yard setback requirement, the zoning board of appeals may allow the substitution of a wall per article II, division 2 of this chapter in lieu of compliance with other setback requirements.

(4) Frontage and access. Religious institutions shall be located on a major thoroughfare. The primary vehicular access to the site shall be provided from a major thoroughfare.

(5) Landscaping. Religious institutions shall comply with the landscaping requirements set forth in section 40-813

(s) Stamping plants, punch presses, press brakes and other industrial machines. The following regulations shall apply to stamping machines, punch presses, press brakes and other machines:

(1) General requirements. All such machines shall comply with the noise and vibration standards in section 40-875

(2) Automatic screw machines. Automatic screw machines shall be equipped with noise silencers and shall not be located closer than 300 feet from any property zoned for residential purposes.

(3) Setbacks. Punch and stamp presses, other than hydraulic presses shall comply with the performance standards in article VIII of this chapter.

(4) Press brakes. Press brakes shall be set back at least 300 feet from any property line zoned for residential use.

(t) Veterinary clinics. Veterinary clinics shall comply with the following requirements:

(1) Enclosure. All activities shall be conducted within a completely enclosed building.

(2) Setbacks. All buildings shall be set back at least 50 feet from abutting land that is zoned for residential use.

(3) Treatment facilities. Commercial boarding of animals is prohibited. Treatment shall be limited to domesticated animals considered as pets.

(u) Veterinary hospitals. Veterinary hospitals shall comply with the following requirements:

(1) Enclosure. All activities shall be conducted within a completely enclosed building.

(2) Setbacks. All buildings shall be set back at least 200 feet from abutting land that is zoned for residential use.

(3) Treatment facilities. Treatment is not limited to domesticated animals considered as pets; however, all facilities shall meet the requirements for commercial kennels in subsection (j)(2) of this section.

(v) Outdoor meeting, entertainment, and/or athletic venues. Because outdoor meeting, entertainment and/or athletic venues possess the unique characteristic of developing a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted when the site in question is surrounded by nonresidential districts. These uses shall further be subject to the following conditions:

(1) Compliance. The proposed internal design shall receive approval from the building inspector as to adequacy of drainage, lighting, screening and other technical aspects of adopted codes and ordinances.

(2) Ingress and egress. Points of ingress and egress shall be available to the outdoor venue from abutting major thoroughfares and shall not be available from any residential street.

(3) Queuing spaces. All vehicles waiting or standing to enter the facility shall be provided off-street queuing space. No vehicle shall be permitted to wait to stand within a dedicated right-of-way.

(4) Location. The area shall be laid out so as to prevent the activities from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed so as to be confined within, and directed onto, the premises of the site according to section 40-731

(5) Screening. All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(w) Vehicular race tracks. These requirements are applicable to midget vehicles, auto, motorcycle, snowmobiles, off-road vehicles and go-cart tracks. Because vehicular tracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking area and cause significant noise levels that may project beyond the property so used, they shall be permitted only when located adjacent to a major thoroughfare and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question, and shall be subject further to the following conditions and such other controls as deemed necessary to promote health, safety and general welfare in the township:

(1) Parking. All parking shall be provided as off-street parking within the boundaries of the development.

(2) Ingress and egress. Access to the parking areas shall be provided only from a major thoroughfare.

(3) Screening. All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development in compliance with article VI of this chapter.

(x) Horse tracks, dog tracks, casinos and fairs. Because horse tracks, dog tracks, casinos and fairs develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas and require sizable land areas which would be incompatible with business or residential districts, they shall be permitted when located adjacent to a major thoroughfare and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question, and shall be subject further to the following conditions and such other controls as deemed necessary to promote health, safety and general welfare in the township:

(1) Parking. All parking shall be provided as off-street parking within the boundaries of the development.

(2) Ingress and egress. Access to the parking areas shall be provided only from a major thoroughfare.

(y) Cemeteries. Because of the effects of a large land area devoted to this use on the continuity of local streets, and because this use does not require the normal services (sewers, water, etc.), the township board shall permit the establishment of this use in any district only when the following conditions are met:

(1) Location. The location of a cemetery shall be permitted in any quarter section of any district when the quarter section does not have more than 51 percent of its land area in recorded plats.

(2) Ingress and egress. All access shall be provided from major thoroughfares as defined in the township’s general development plan.

(3) Screening. All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring wall or fence or buffer strip planting as described in article VI of this chapter.

(4) Drainage. Approval shall be given contingent on a satisfactory drainage plan approved by the township engineer or building inspector.

(5) Lot coverage. Any crypt, mausoleum or other buildings or structures wholly or in part above the ground, other than monuments, shall together occupy not more than 25 percent of the total lot area.

(6) Setback. No part of any crypt, mausoleum or other building containing bodies or remains, other than a subterranean grave shall be less than 100 feet from the nearest lot line.

(7) Compliance. An approved cemetery shall comply with all feral, state and local laws and requirements relating to cemeteries enacted by the people of the state.

(z) Quarries, crushing and/or batch plants. Because the commercial removal and/or processing of soil, sand, gravel, stone and other earth products is likely to involve substantial amounts of nuisance (primarily noise and dust, with resulting air pollution) and large amounts of trucking and in some, but not necessarily all, cases the land is spoiled for any subsequent use with resulting loss of taxable revenues, such use shall be permitted only in industrial districts and shall further be subject to the following conditions:

(1) Ingress and egress. There shall be not more than one means of ingress and egress to the site from a major thoroughfare for each 500 feet of street frontage.

(2) Hours of operation. All removal, processing, transportation and activities relating to operations and storage, including stockpiling, shall not take place before 7:00 a.m. or after sunset.

(3) Operations setback. On said lot, no digging or excavating shall take place closer than 100 feet to any lot line or public right-of-way.

(4) Dust control. On said lot or parcel, all roads, driveways, parking lots and loading and unloading areas within 100 feet of any lot line shall be paved, oiled, watered or chemically treated so as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

(5) Nuisances prohibited. Any odors, smoke, fumes or dust generated on said lot by any digging, excavating, processing, stockpiling or transportation operation and borne or able to be borne by the wind shall be confined within the lines of said lots as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road and shall comply with the provisions of section 40-875

(6) Vehicles. All trucks or other vehicles used to transport materials shall be tightly enclosed so as to prevent materials from dropping or blowing off transporting vehicles. The license plate and other identifying information shall be kept clean and visible at all times.

(7) Pollution control. Such removal processing or storage shall not be conducted so as to cause the pollution by any material of any surface or subsurface, watercourse or water body outside the lines of the lot on which such use shall be located.

(8) Sedimentation control. Such removal processing or storage shall not be conducted as to cause or threaten to cause the erosions by water of any land outside of said lot or of any land on said lot so that earth materials are carried outside of the lines of said lot, that such removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property, and that in the event that such removal, processing or storage shall cease to be conducted it shall be the continuing responsibility of the owner or operator thereof to ensure that no erosion or alteration of drainage patterns, as specified in this subsection, shall take place after the data of the cessation of operation.

(9) Fixed improvements/machinery. All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, but in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line or right-of-way.

(10) Fencing. There shall be erected a fence not less than six feet in height around the periphery of the development. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top edge of any slope.

(11) Phased restoration. All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural. Phasing shall be clearly shown on the site plan.

(12) Restoration/reuse plan. The operator shall file with the planning commission and the township board a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil, proposed and final landscaping, and the location of future roads, drives, drainage, courses and or other improvements contemplated. Said plans shall be subject to review and modification from time to time by the planning commission and/or township board. The applicant shall state the anticipated cost of carrying out the plans for restoration and these costs shall be detailed with said plans.

(13) Performance and restoration bonds. The operator shall file with the township a performance bond, payable to the township and conditioned on the faithful performance of all requirements contained in the approved restoration plan. This bond shall remain in effect during all times of operation of the facility. In addition to the requirements of section 40-82, the amount of the required bond will reflect the anticipated cost of restoration as fixed by the township. The bond shall be released upon written certification of the building inspector that the all restoration has been completed and is in compliance with the approved restoration plan.

(aa) Sanitary landfills, transfer facilities, processing plants and recycling collection facilities. Recognizing that because of their nature, such uses have objectionable characteristics, and recognizing that such use may have a harmful effect on adjacent properties and the general welfare of the public, special regulation of this use is necessary to ensure that the objectionable effects of landfilling will not contribute to the blighting or downgrading of surrounding properties and threatening the public health, safety and general welfare. The dumping of garbage or other putrescible wastes in the township shall be accomplished in accordance with the county solid waste management plan, the licensing requirements under Part 115 of the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.11501 et seq.) (NREPA Part 115), all state regulations generally and specifically append to the individual permit and the following conditions:

(1) Prohibited wastes. The dumping of garbage or other putrescible wastes in areas zoned other than industrial is prohibited provided that no permit to dump such waste materials shall be allowed where there are occupied permanent residences within 1,000 feet of the property line of the dumping site.

(2) Prohibited materials. The use of combustible construction refuse in filling or reclamation of land is prohibited.

(3) Dust control. All approach roads to these facilities shall be hard topped or otherwise treated to reduce annoyance to surrounding properties by reason of dust, noise and traffic congestion.

(4) Oversight. Burning or picking over of rubbish is absolutely prohibited and the operator shall be held responsible to provide adequate personnel at all times it is necessary to carry out this and other provisions of this chapter.

(5) Vehicles. All trucks or other vehicles used to transport rubbish or other refuse or waste materials shall be tightly enclosed so as to prevent waste materials from dropping or blowing off transporting vehicles. The license plate and other identifying information shall be kept clean and visible at all times.

(6) Coverage. All fine ash or soot-like type of materials that tend to be blown by the wind shall be immediately covered with back fill and shall remain so covered at all times.

(7) Fencing. The township board may, upon the recommendation of the planning commission, require a fence at least eight feet high completely enclosing said facility where, in its opinion, a hazard to the public health, safety and general welfare occurs. The township board may, in lieu of said fence, require the operator to construct an earth embankment at least eight feet high completely surrounding said operations for the purpose of minimizing annoyance to the surrounding residents.

(8) Grade. In no event shall the operations of a sanitary landfill project above the established grade of surrounding properties.

(9) Bonds. The township board may, upon the recommendation of the planning commission, require the posting of a performance bond according to section 40-82 for all improvements that ensure a sanitary landfill shall not:

a. Pollute the waters of the township;

b. Cause stagnant water to collect or create a health hazard; or

c. Leave the surface of the land at the completion of such operation in an unstable condition or otherwise unfit for the growing of turf or for other land uses permitted in the zone in which such filling occurs.

(Ord. No. 147-43, § 7.002, 12-15-2003; Ord. No. 227, 8-1-2011)

40-853 Residential uses.

(a) Accessory apartment dwelling. An accessory apartment dwelling, as defined in section 40-3, shall comply with the following regulations:

(1) Incidental use to residence. The accessory apartment shall be clearly incidental to the principal residence on the site. Accordingly, the following conditions shall apply:

a. Accessory apartments shall be established in owner-occupied residences only.

b. Only one such accessory dwelling shall be permitted on each zoning lot.

c. The total floor area of the accessory dwelling shall not exceed 600 square feet.

(2) Setbacks and placement on the parcel. An accessory dwelling shall comply with all setback requirements for the district in which it is located.

(3) Compatibility with surrounding and use. The design of the accessory dwelling shall not detract from the single-family character and appearance of the principal residence or the surrounding neighborhood. The accessory dwelling shall not have a front entrance visible from the front yard, other than the entrance that serves the principal residence. When viewed from the outside, it shall not appear that more than one household occupies the site.

(4) Parking and access. In addition to required parking for the principal residence, one additional parking space shall be provided for the accessory dwelling.

(b) Elderly housing. The following site development standards shall apply to housing for the elderly:

(1) Minimum floor area. Dwelling units within a building shall average 350 square feet in floor area, not including kitchen and sanitary facilities.

(2) Lot coverage. Total coverage of the all buildings, including dwelling units and related service buildings, shall not exceed 30 percent of the total site, exclusive of any dedicated public right-of-way.

(c) Mobile home park requirements. Mobile home parks shall fully comply with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.). Furthermore, mobile home parks shall comply with all rules and regulations promulgated by the state mobile home commission, and the requirements of this and other township ordinances. Should any conflict in regulatory provisions occur, the provision that imposes the more restrictive or higher standard shall prevail.

(1) Location. Mobile homes shall be located only in those zoning districts in which mobile home land use is permitted by these regulations. Emergency or temporary parking of a mobile home on any street, alley or highway may be permitted by the building official for a period not to exceed 12 consecutive hours, subject to any other limitations imposed by traffic or parking regulations or ordinances for a particular street, alley or highway.

(2) Permit required. It shall be unlawful for any person to operate a mobile home park unless that individual obtains a license for such operation in compliance with the requirements adopted by the mobile home commission under Public Act No. 96 of 1987 (MCL 125.2301 et seq.). The zoning administrator shall communicate recommendations regarding the issuance of any such license to the director of the mobile home division or other appropriate state official.

(3) Mobile home standards.

a. Compliance issues. Each mobile home shall be of contemporary design and shall contain sanitary waste disposal facilities, sleeping accommodations, a tub or shower bath, kitchen facilities and plumbing and electrical connections designed for attachment to appropriate external systems as commonly found in modern mobile homes. Each mobile home shall comply with the zoning regulations for the district in which it is located, regulations of the U.S. Department of Housing and Urban Development as adopted on June 15, 1976, and all subsequent amendments to such standards and regulations. Mobile homes constructed prior to June 15, 1976, shall be in full compliance with NFPA 501B-1974/ANSI 119.1-1975 standards.

b. Minimum floor area. The minimum floor area for any mobile home shall be not less than 600 square feet.

c. Anchorage and tie down. Every mobile home unit shall be anchored or tied down on its site, and the anchor or tie-down system shall conform to the United States Department of Housing and Urban Development (HUD) standards and be approved by the state construction code division. These systems shall also conform to all rules and regulations promulgated by the state mobile home commission. An alternate system of anchoring or protecting the mobile home against high velocity winds can be substituted upon the recommendation of the building inspector and the approval of the planning commission.

d. Skirting. Each mobile home must be skirted within 90 days after establishment in a mobile home park. In the event that skirting cannot be installed in a timely manner due to inclement weather, the building official may permit extension of the time period. All skirting shall conform to the installation and materials standards specified in the Michigan Administrative Code, R125.1604, Rule 604.

e. Canopies and awnings.

1. Canopies and awnings may be attached to any mobile home, provided they are in compliance with the Michigan Administrative Code, R125.1941, Rule 941 (2), and provided further that they shall not exceed 12 feet in width or exceed the length or the height of the mobile home.

2. A building permit shall be required for construction or erection of canopies or awnings, or for construction of any area enclosed by glass, screens or other material, such that the enclosed area will be used for more than casual warm weather leisure.

(4) Park site development standards.

a. Site area. All mobile home parks shall be at least ten contiguous acres in size.

b. Access. All mobile home parks shall have direct access to a major thoroughfare.

c. Density. The maximum density shall be limited by the requirement of a minimum of 7,500 square feet of land area per mobile home, inclusive of the area of internal minor and collector streets.

d. Interior roadways. All interior roadways and driveways shall be in compliance with the Michigan Administrative Code, R125.1920, Rule 920.

e. Setbacks.

1. All mobile homes and any accessory buildings shall maintain a minimum 50-foot setback to any property line of the development to adequately protect the residential use of the development.

2. Mobile home placement shall comply with the minimum distances specified in R125.1941, Rule 941 of the Michigan Administrative Code.

3. No mobile home unit shall be located within 50 feet of the right-of-way of a public thoroughfare, or within 35 feet of any other mobile home park property line.

4. No mobile home unit exterior wall shall be located with 20 feet of any other mobile home unit’s exterior wall surface.

f. Community building. Each mobile home park development shall contain a community building of sufficient size to accommodate laundry facilities, indoor recreational facilities and room for community gatherings to service the residents of the mobile home park.

g. Sidewalks. Concrete sidewalks, at least three feet wide, shall be provided not less than three feet from the edge of the curb of a main access drive, but may be placed contiguous to the curb of a secondary access drive. Sidewalks shall be located on both sides of the drives and streets. The areas between the sidewalk and curb shall be seeded or sodded with grass, although shade or street trees may be planted in the area.

h. Spacing between mobile homes. Mobile home sites shall be arranged so as to provide a minimum distance of not less than 20 feet between any unit or attached appendage to the main unit. The minimum distance between the roadway that provides circulation to the site and the unit shall be not less than 25 feet.

i. Open space.

1. Each mobile home shall be provide with an outdoor living and service area. Such area shall be improved and landscaped as necessary to ensure reasonable privacy and comfort. The minimum area shall not be less than 300 square feet with a least dimension of 15 feet.

2. In addition to the above, there shall be provided at least 300 square feet of open space and recreation space for each mobile home and shall be developed in clusters located uniformly throughout the development. At least one such area in each mobile home park shall be of such size and shape that a minimum 100 foot square may be laid out within it and be substantially flat, without trees, bushes or other obstructions, and maintained as lawn and is suitable for active forms of recreation. Streets, driveways and parking area are not to be included in calculating the size of the recreation area.

j. Storage sheds. Storage sheds may be permitted as accessory buildings. Each mobile home shall be provided with an accessory storage building having at least 80 square feet of floor area for the storage of household items, lawn equipment and similar possessions. No outdoor storage shall be permitted by a mobile home park or committed by an occupancy, including the storage of anything underneath any mobile home.

k. Accessory project storage area. An outside storage area surrounded by an obscuring wall, in accordance with article II, division 2 of this chapter, shall be located within each mobile home park for the storage of residents’ trailers, boats, snowmobiles, motorized recreational vehicles and other similar equipment. Such equipment shall not be stored elsewhere in the park.

l. Water and sewer service. All mobile home parks shall be connected to the township public water supply system through a master meter and township sanitary sewer system and shall meet the requirements of the county health department and the state department of environmental quality. Water shall be continuously supplied to each mobile home lot with a minimum available pressure of 20 pounds per square inch. The plumbing connections to each mobile home site shall be constructed so that all lines are protected from freezing, accidental bumping or from creating any nuisance or health hazard.

m. Storm drainage. All developed portions of the mobile home park shall be served by adequate storm drainage facilities, designed and constructed in accordance with applicable township, county and state regulations and shall be subject to review and approval by the township engineer.

n. Telephone and electric service. All electric, telephone and other lines within the park shall be underground.

o. Television antennas; satellite dishes. Individual exterior television antennas or satellite dishes shall not be placed on any mobile home unit or lot. The mobile home park may provide a master exterior television antenna or dish for connection to individual mobile home units, or an underground cable television system may be installed.

p. Landscaping. Mobile home parks shall be landscaped in accordance with article VI of this chapter.

q. Walls. A six-foot-high solid masonry wall shall be required whenever parking areas are adjacent to single-family residentially zoned property as determined by the planning commission.

r. Garbage and refuse collection. Garbage and refuse collection areas shall be screened and maintained in accordance with the provisions of this chapter and other township regulations.

(5) Inspections. The township building official, or any delegated individual, is granted the authority, as specified in Public Act No. 96 of 1987 (MCL 125.2301 et seq.), to enter upon the premises of any mobile home park for the purpose of determining compliance with the provisions of these or other applicable township regulations.

(6) Violations. Whenever, upon inspection of any mobile home park, the building official or zoning administrator finds that conditions or practices exist that violate provisions of these zoning regulations or other regulations referenced herein, notice shall give notice in writing by certified mail to the director of the mobile home division or other appropriate state official, including the specific nature of the alleged violations and a description of possible remedial action necessary to comply with this chapter or other regulations. The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.

(d) Single-family cluster option. Except as stated within this section, an application for approval of a site plan for a residential cluster option shall follow the procedures and requirements established for a special use approval as stated in section 40-79. The following standards shall apply to single-family cluster projects:

(1) Intent. The intent of the single-family cluster option is to provide the opportunity for creative design in single-family residential districts to accomplish the following primary objectives:

a. To promote a higher quality of development than could be achieved under conventional zoning regulations.

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

c. To provide a feasible means of residential development on sites that would otherwise be difficult or impossible to develop because of the parcel size or shape, the character of surrounding land uses or other constraints.

(2) Eligibility criteria.

a. In considering any proposal for the single-family cluster option, the planning commission shall determine that the proposal satisfies one or more of the following eligibility criteria:

1. The overall impact of the development will provide a recognizable and substantial benefit to its ultimate residents and to the community.

2. The parcel has narrow width, shallow depth or an unusual configuration that is a substantial detriment to development as a conventional subdivision.

3. A significant portion of the property’s perimeter is bordered by a major or secondary thoroughfare so that, if developed as a conventional subdivision, a substantial number of the lots would abut the thoroughfare and be impacted by negative traffic noise and lights.

4. A substantial portion of the property’s perimeter is bordered by land that is zoned or used for more intensive and potentially incompatible nonresidential development.

5. The parcel contains natural assets that would be preserved or enhanced through the use of cluster development. Such assets may include stands of trees, land that serves as a habitat for wildlife, unusual topographic features or other natural assets that should be preserved.

b. An application for the single-family cluster option shall be accompanied by written and graphic documentation demonstrating to the planning commission that the proposal satisfies one or more of the listed eligibility criteria.

(3) Project density. The overall density of development on a site that qualifies for cluster development shall not exceed the standards for density as established by the underlying zoning regulations for the district in which the site is located. The density of a development shall be computed by dividing the total number of units proposed by the allowable acreage. The quotient shall be rounded to the nearest tenth of an acre. For the purposes of computing density, allowable acreage shall include the following:

a. All areas to be used for residential purposes, including off-street parking and private access roads, but excluding public street rights-of-way;

b. Dedicated private parks and/or common open space devoted for use of residents of the single-family cluster development.

(4) Site design requirements. Single-family cluster developments shall comply with the following requirements:

a. Clustering alternatives.

1. Attachment of units. A maximum of four single-family dwelling units may be attached to each other, provided that measures are taken to avoid monotonous facade design or the appearance of massive buildings that are out-of-scale with surrounding single-family development. The attached units shall be offset from one another, and/or different design details (i.e., different building entrance designs, different building materials, etc.) shall be used for each unit.

2. Detached clusters. A maximum of four single-family detached units may be combined into a single cluster, provided that the units shall be spaced not less than ten feet apart. This spacing requirement may be waived or modified by the planning commission during site plan review, based upon a favorable recommendation of the township fire chief.

b. Open space.

1. General requirements. Single-family cluster developments shall provide and must maintain at least 15 percent of the site as dedicated common open space.

2. Water bodies and basins. Up to 25 percent of the required open space may include the area of any created water bodies or water detention/retention basins.

3. Conveyance of open space. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction or covenant that runs with the land, ensuring that the open space will be developed, dedicated and continually maintained according to the site plan and never changed to another use.

c. Setbacks.

1. Setbacks between clusters. Each cluster of attached or detached dwelling units shall be set back a minimum distance of 50 feet from any other cluster, except that the minimum setback for adjoining clusters that have a side-to-side building relationship shall be 20 feet.

2. Building setbacks. Buildings within each cluster shall comply with the following minimum setbacks:

(i) Internal private road: 20 feet from edge of traveled roadway.

(ii) Public road right-of-way: 25 feet.

(iii) Property line (other than road right-of-way): 25 feet.

(iv) Utility easement (other than individual unit lead): 12 feet.

d. Landscaping. Single-family cluster developments shall comply with the landscaping requirements specified in article VI of this chapter.

e. Transition in density. Where the parcel proposed for use as a cluster development abuts a conventional single-family development, the cluster development shall be designed to provide an orderly transition between the two developments. Such a transition may be achieved by providing a buffer zone consisting of any of the following: open space, additional landscaping, berms, changes in topography or similar measures acceptable to the planning commission.

f. Sidewalks. Sidewalks shall be provided along all public and private roads within the cluster development.

g. Utility connections. Each dwelling unit shall be separately connected and metered for township water and sewer service.

(5) Determination of eligibility. The application for cluster development shall include documentation that the proposal satisfies one or more of the eligibility criteria set forth in subsection (d)(2)a of this section. The planning commission shall make a preliminary determination whether the proposal qualifies for the cluster option, based on the submitted documentation.

(6) Effect of preliminary eligibility determination. Preliminary determination by the planning commission that a parcel qualifies for cluster development does not ensure approval of the site plan. Such a determination, however, does give the applicant the opportunity to proceed further with site plan review.

(7) Site plan review. A cluster housing development shall be subject to the site plan review requirements in section 40-79, as well as the additional requirements in this section.

(8) Information required for site plan review. In addition to the information required in article II, division 2 of this chapter as a part of site plan review, the following information shall be included on all cluster option plans submitted for review:

a. Acreage and density computations.

b. Setbacks from all property lines and distances between all buildings and between buildings and roads.

c. Proposed landscape screening along the perimeter and within the site.

d. Specific locations of significant site features such as tree stands and water retention areas.

e. Delineation of open space areas and detailed information concerning common access and proposed landscaping or other improvements within the open space.

(9) Recording of planning commission action. Each action taken with reference to a cluster development proposal, including the grounds for the action taken, shall be duly recorded in the minutes of the planning commission.

(10) Recording of documents. If the planning commission approves the cluster development proposal, all requirements and conditions upon which such approval is based shall be included as part of the approved site plan. Easements, deed covenants or deed restrictions shall be drafted into recordable forms, reviewed and approved as to form by the township attorney, and filed by the applicant, with the appropriate county agency prior to the issuance of a building permit for any construction.

(11) Performance guarantee. A performance guarantee shall be deposited with the township to ensure faithful completion of improvements in accordance with section 40-82.

(e) Lot or unit dimensional averaging. The intent of this section is to permit the proprietor or developer to vary subdivision lots or condominium unit lot sizes and/or widths so as to average the minimum size of lot or unit for the entire development, as required in article III, division 5 of this chapter, for R-1, R-2 and R-3 one-family residential districts. If this option is selected, the following conditions shall be met:

(1) Maximum reduction. In meeting with an average minimum lot size, the subdivision or condominium shall be so designed as not to create any lot or unit having an area or width less than 90 percent of that area or width required in the Schedule of regulations, and in no case shall the averaging create an increase in the number of lots above that increased without the averaging method.

(2) Entire project plan considered. The technique of averaging minimum lot or unit size shall be acceptable only in those instances wherein the full and complete plan is approved preliminarily, processed through the final plat or a final condominium plan stage, and is then recorded in its totality. Recording of portions or phases of a preliminary plat or condominium plan shall not be acceptable under this option.

(3) Disclosure. All computations showing lot area and the average resulting through this technique shall be clearly indicated as a deviation from the schedule of regulations on the print of the preliminary plat or condominium site plan reviewed by the township.

(Ord. No. 147-43, § 7.003, 12-15-2003)

40-854 Mixed uses.

(a) Allowed mixed uses. In all commercial districts, a limited amount of storage is permitted where the storage is accessory to the principal retail use. Similarly, in industrial districts, office and sales operations are permitted where such activities are clearly incidental to the principal industrial use. In certain businesses, the accessory use is an integral part of the overall business operation, such that the business takes on the character of a mixed use. In these cases, the specific guidelines provided in this section must be used to determine if the accessory use is reasonable and should be permitted.

(1) Types of use. Both principal uses and special land uses listed in all B—business districts and IL—light industrial districts may be allowed as mixed uses in either district provided they comply with the intent of the districts listed in this chapter, are in compliance with the general development standards listed in each chapter, and receive planning commission approval under the special use approval requirements.

(2) Character of the proposed use. The principal use of the site must match the zoning uses of the district it is located in, with the accessory use in compliance with the following:

a. Industrial uses in commercial districts.

1. Types of activity. Heavy machinery typically found in manufacturing or industrial plants shall not be permitted. The machinery shall not create dust, noise, odor, vibration or fumes that would cause any adverse impact on neighboring properties. The use of the building or property for storage must not create any safety issues of toxic or hazardous types of materials than would normally be created by the use of the property for commercial activity.

2. The following I-L light industrial uses are prohibited in a B-3 general business district unless a variance is approved by the zoning board of appeals: junk yards and commercial kennels.

b. Commercial uses in industrial districts.

1. The retail activity must be a related use to the main manufacturing or storage of the industrial business located on the site, while not necessarily requiring the production of all items for sale in the business to be produced on the property.

(3) Percentage of use and/or development. In all commercial and industrial districts the amount of the use dedicated to the principal zoning of the district in which it is located shall not be less than 60 percent of the total square footage of each building or the lot, if used for storage, and/or not less than 60 percent of all of the buildings located on site.

(4) Site plan requirements. All applicants shall submit a proposed sketch plan or if necessary an engineered site plan, should there be on-site changes requiring engineering approval.

a. Location. Any commercial uses located in the buildings must front the main road right-of-way frontage or the main service drive of a complex.

b. Parking. Additional parking must exist or be required to be installed to service each particular use located on the property, in accordance with a corresponding ratio of use to parking, as listed in the existing ordinance requirements.

c. Truck service. The location of all parking, service bays and building access for trucking for industrial uses must be located on the sides or back of a building or screened from direct public view from adjacent rights-of-way. Proper and adequate ingress and egress must exist or be installed to comply with the ordinance requirements and local agencies such as St. Clair County road commission.

d. Landscaping. The landscaping existing on site must meet the minimum requirements listed for the type of use, as required along the road frontage, or be installed within one year after approval.

e. Sidewalks and/or bike paths. Where the property has additional planned sidewalks or bike paths proposed to comply with federal, state or local master plans, including recreation and DDA plans, the applicant shall be required to construct them as detailed in the plan, or contract with the township for their future construction with the assessment costs and construction being levied over an agreed upon time frame.

f. Screening. All sites must meet the minimum screening requirements listed elsewhere in this chapter for both storage and/or industrial uses located next to existing residential zoning districts or uses.

g. Review and approval of the charter township of Port Huron fire and building departments are required for the special use approval subject to any code requirements, conditions or requirements necessary to provide a safe operation to the surrounding areas.

h. Engineering. Any improvements required by these additional requirements are subject to review and approval by the township engineers’ office in compliance with the site plan review requirements and the zoning administrator’s review and approval, as well as all federal, state, county agencies and other ordinance requirements, with resultant costs being paid for by the applicant.

(5) Permits, guarantees and violations. All requirements, conditions and/or bonds listed for all other site plan or special use approval developments shall be required to be provided by the applicant prior to the issuance of any necessary permits and/or certificates of occupancy.

(b) Golf course projects.

(1) Location. The site is so located as to have at least one property line abutting a major thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto said major thoroughfare or a marginal access service drive thereof.

a. Except as approved pursuant to subsection (b)(2) of this section, all development features include the principal building, on-site housing units (maximum of two stories), and any accessory buildings or structures are so located and related to minimize the possibility of any adverse effect upon adjacent property. This shall mean a minimum distance of 200 feet to the property line of abutting residentially zoned lands and public rights-of-way, provided that where topographic conditions are such that the building would be screened from view, the planning commission may modify this requirement.

b. A multiple-family and/or single-family housing unit site plan shall be submitted by the board of directors or other governing body of the golf course to the planning commission for its review and the approval subject to compliance with article II, division 2 of this chapter.

(2) Accessory uses. Major accessory uses that are generally of a commercial nature, such as a restaurant and bar, shall be housed in a single building with a clubhouse. Minor accessory uses which are strictly related to the operation of the golf course itself, such as a maintenance garage and pro shop, may be located in separate buildings.

(3) Swimming pool. Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate or turnstile.

(4) Parking. Off-street parking shall be provided in accordance with the provisions of article II, division 2 of this chapter.

(5) Performance guarantee. A performance guarantee shall be deposited with the township to ensure faithful completion of improvements, in accordance with section 40-82.

(Ord. No. 147-43, § 7.004, 12-15-2003; Ord. No. 241, 6-19-2017)

40-855 Regulated uses.

(a) Scope of regulations. In the development and execution of these zoning regulations, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable characteristics, particularly when several such uses are concentrated in certain areas, thereby causing a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood. These special regulations are itemized in this section. The primary purpose of these regulations is to prevent a concentration of such uses in any one area, i.e., not more than two such uses within 1,000 feet of each other. The establishment of the following kinds of uses is prohibited if the establishment of any one of the following uses constitutes the third such use within a 1,000-foot radius:

(1) Adult book or supply store.

(2) Adult model studio.

(3) Adult motion picture arcade.

(4) Adult motion picture theater or adult live stage performing theater.

(5) Adult outdoor motion picture theater.

(6) Adult physical cultural establishment.

(7) Arcade.

(8) Bar/lounge/tavern.

(9) Cabaret.

(10) Fortunetelling and similar uses.

(11) Massage parlor or massage establishment.

(12) Pawnshop or collateral loan or exchange establishments.

(13) Pool or billiard hall.

(14) Public lodginghouse.

(15) Smoke shops.

(16) Specially designated distributor’s establishment.

(17) Specially designated merchant’s establishment.

(18) Tattoo parlor.

(b) Application procedure. Application to establish any of the above regulated uses shall be made to the zoning administrator, who shall not approve any such application if there are already in existence two or more such regulated uses within a radius of 1,000 feet of the outermost boundaries of the lot upon which the proposed regulated use will be situated.

(c) Waivers. Upon denial of any application for a regulated use under subsection (b) of this section, the applicant may appeal for a waiver of the locational provisions above to the board of zoning appeals consistent with the standards set forth below. The board may waive the locational provisions set forth in subsection (b) of this section, after all the following findings are made:

(1) Compliance with regulations. The proposed use will not be contrary to any other provision of these zoning regulations, or injurious to nearby properties.

(2) Not enlarge district. The proposed use will not enlarge or encourage the development of a skid row or strip.

(3) Consistent with programs. That the establishment of an additional regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development.

(4) Consistent with law. That all applicable township, state or federal laws and regulations will be observed.

(d) Procedure for waiver. Prior to granting a waiver of the locational restrictions set forth above, and not less than five, nor more than 15 days before the request for waivers is considered or a public hearing held pursuant to this section, the board shall publish, in a newspaper of general circulation in the township, one notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered and to all persons to whom any real property is assessed within 300 feet of the boundary of the premises in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification.

(1) Notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each dwelling unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

(2) Notice contents. The notice of application shall:

a. Inform the recipient of the applicant’s name;

b. Describe the nature and type of use proposed;

c. Indicate the local address, the lot number and subdivision name of the property in question; and

d. Provide the section of this chapter under which the proposal is being processed.

This notice shall also invite written comments, statements or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.

(3) Hearing requests. The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant of a structure located within 300 feet of the boundary of the property being considered for the regulated use. If the applicant or the board requests a public hearing under this section, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau.

(e) Establishment prohibited near schools, residential zones.

(1) Restrictions. It shall be unlawful to hereafter establish any regulated use if the proposed regulated use will be within a 300-foot radius of a residentially zoned district, or within a 500-foot radius of any nursery, primary school or secondary school. This prohibition relative to the establishment of a regulated use near residentially zoned districts shall be waived upon the presentation to the board of zoning appeals of a validated petition requesting such waiver, signed by at least 51 percent of all those persons owning, residing or doing business within 300 feet of the proposed location. No waivers shall be given to permit a regulated use to locate within a 500-foot radius of any nursery, primary school or secondary school.

(2) Petitions for waiver. The zoning administrator may adopt rules and regulations governing the procedure for securing any petition of waiver, which may be provided for this section. The rules shall provide that the circulator of the petition requesting a waiver shall be over 18 years, and subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with those rules, and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appeared thereon.

(3) Filing of waiver. The zoning board of appeals shall not consider the waiver of locational requirements until the above described petition, if required, shall have been filed and verified by the zoning administrator.

(4) Conditions of approval. Prior to the granting of approval for the establishment of any regulated use, the board of appeals may impose any conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

(Ord. No. 147-43, § 7.005, 12-15-2003)

ARTICLE VII. SITE DEVELOPMENT STANDARDS

40-851. Intent and scope of regulations.

40-852 Nonresidential uses.

40-853 Residential uses.

40-854 Mixed uses.

40-855 Regulated uses.

40-856—40-873. Reserved.