[Code 1974, § 82-9]
(a)
Purpose. In recognition of the growing trend towards mobile homes and the need for well-located, properly developed sites to accommodate them, the MP district is established for the purpose of authorizing the establishment and construction of facilities for a group of mobile homes, such a facility to be referred to in this section as a mobile home park. This section applies to such district.
(b)
Uses permitted by special use permit. Any mobile home park may include any or all of the following uses:
(1)
Mobile homes, as defined in this chapter.
(2)
One office building, exclusively for conducting the business operations of the mobile home park.
(3)
Utility buildings for laundry facilities and auxiliary storage space for mobile home tenants.
(4)
Recreation area, playgrounds and open space for use by tenants.
(5)
Such accessory buildings and uses as are customarily incidental to the permitted principal uses; provided, that this shall not be construed to imply the sale of mobile home units, except by the individual owner, or the servicing of mobile homes units, except as is required for normal maintenance by the individual owners.
(c)
Site development requirements. In addition to the following requirements, all mobile home parks must comply with the regulations as stated in Chapter 42, Article II, and any other applicable state and Township ordinances.
(1)
Site size. Minimum size for a mobile home park shall be 20 acres. Maximum size shall not exceed 300 mobile home sites for each special use permit.
(2)
Site location. Mobile home parks shall be permitted only in those portions of the Township zoned MP mobile home park which are located on or near a street with a functional classification of principal or minor arterial as designated in § 86-367. The location of a mobile home park must be reasonably near the existing community utilities and facilities services. The location of a mobile home park shall not have an adverse affect on the proper functioning of community facilities and utilities systems, which shall include consideration of, but not limited to, the following: roads, sanitary sewer, water, storm drainage, police protection, fire protection, and the educational system. In general, the location of a mobile home park shall have no adverse affect on the health, safety, or welfare of the Township which is deemed to include the efficient, aesthetic, economic, and orderly growth of the community.
(d)
Miscellaneous. No structure erected for the purpose of acting as a residential dwelling or apartment shall be used for commercial or office purposes unless it can meet all commercial structure standards of the state building code and unless a special use permit is obtained from the Planning Commission. These restrictions are not applicable to legitimate home occupations as defined by this chapter. The intent of this section is to protect the safety of Township residents while allowing reasonable use of historic or otherwise sound residential structures.
| Cross reference: Mobile home parks, § 42-26 et seq. |
[Code 1974, § 82-10; Ord. No. 2007-14, 11-25-2007; Ord. No. 2009-07, 8-30-2009; Ord. No. 2010-02, 2-28-2010]
(a)
Purpose. The PO District is intended to accommodate those nonresidential uses of an administrative or professional nature which are necessary to the normal conduct of a community's activities. It is specifically designed, however, to prohibit the introduction of commercial establishments of a retail nature, or other activities which require the constant visits of the general public. This section applies to such district.
(b)
Uses permitted. The following types of commercial activities may be permitted, provided that only public sanitary sewerage will be utilized. All of the following uses permitted must be conducted wholly in a permanent, fully enclosed building:
(1)
Offices of professionals licensed by the State of Michigan to treat human patients such as, but not limited to, chiropractors, dentists, dietitians/nutritionists, massage therapists, occupational therapists, optometrists, osteopaths, physical therapists, physicians, podiatrists and psychologists. This shall not include facilities accommodating overnight patients or providing secondary services not specifically listed as permitted.
(2)
Hospitals, medical clinics, and veterinary clinics, provided that all activities are carried out within a building and that no objectionable sights, sounds, or odors are produced which may be discernable at the property lines.
(3)
Offices of architects, engineers, urban planners, and artists and others employed in the graphic arts.
(4)
Offices in which the personnel will be employed for work in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic, accounting, insurance, and similar enterprises.
(5)
Research laboratories, provided that no heavy mechanical equipment is used in the normal operation of the laboratories and provided that the character of its research would not make it objectionable because of sights, sounds, odors, and traffic congestion produced.
(6)
Religious institutions, except when located adjacent to a one-family or two-family residential zoning district (RR, RAAA, RAA, RA, RB, and RX).
[Amended 5-17-2022 by Ord. No. 2022-07; 12-6-2022 by Ord. No. 2022-14]
(c)
Uses permitted by special use permit.
(1)
Child care centers.
(2)
Funeral homes and mortuaries, subject to the following:
a.
Adequate assembly area shall be provided on the site for vehicles to be used in funeral processions. Automobile assembly areas may be counted toward the parking requirement provided the standards of Article VI of this chapter governing parking lot design, construction, and landscaping are met.
b.
A caretaker's residence may be provided within the main building of mortuary establishments as an accessory use.
(3)
The following uses may be permitted by special use permit when deemed appropriate to the primary use of the land or structure:
(4)
Religious institutions, when located adjacent to a one-family or two-family residential zoning district (RR, RAAA, RAA, RA, RB, and RX), subject to the following site location and development standards:
[Amended 5-17-2022 by Ord. No. 2022-07; 12-6-2022 by Ord. No. 2022-14]
a.
Minimum lot area: two acres.
c.
Maximum lot coverage. No more than 25% of the lot shall be covered by buildings.
d.
Maximum building height. As permitted in the adjacent residential district unless the building setback is one additional foot for each foot of additional height above the height limitation.
e.
Access. Motor vehicle ingress and egress should be from a street designated in § 86-367 as an arterial or collector street.
f.
Site locations. Sites should be preferred that offer natural or manmade barriers that would lessen the effect of the intrusion of the nonresidential use into a residential area.
(d)
Professional/office site development requirements.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum yard dimensions.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side and rear yards. The principal building may be constructed on the property line if constructed with the adjacent property owner's approval at the same time as, and in conjunction, with construction of an abutting building, but if side yards or rear yards are provided, they shall be at least 15 feet.
c.
Side and rear yards adjacent to a residential district. No structure shall be less than 50 feet from any residential district boundary line.
(4)
Maximum building heights: 35 feet, unless each required yard is increased one foot for every foot of height above 35 feet.
(5)
Signs. Signs identifying any of the permitted uses in this district shall be in accordance with those requirements specified in the schedule outline in Article VII of this chapter.
(6)
Off-street parking and loading requirements. Motor vehicle parking and loading, and bicycle parking requirements for this district are specified in Article VIII of this chapter.
(7)
Design review. All uses in this district are subject to design review as prescribed in Article II, Division 5 of this chapter.
(8)
Landscaping. Landscaping shall be maintained in all required front and side yards, in accordance with plans approved by the planning director. A landscape plan showing locations and varieties of plant materials shall be submitted for site plan review. All landscaped areas shall be planted with suitable living plant materials and replaced as necessary. Landscaped areas shall be watered, weeded, and generally maintained.
(9)
Other requirements.
a.
Lighting shall be accomplished in a manner such that no illumination source is visible beyond the property lines of the lot upon which the use is located, and such that no illumination shall adversely affect the welfare of an adjacent property.
b.
Side or rear yards may not be used for storage.
c.
All refuse containers, including trash and recycling containers, shall be enclosed on at least three sides by a screening device approved by the planning director, subject to the following provisions:
1.
For existing uses receiving a certificate of occupancy prior to the effective date of this section, recycling containers shall be placed adjacent to other refuse containers on-site. If the planning director determines that it is not practical to place the container adjacent to other refuse containers on the site, such containers may be placed in parking areas, provided that the space used for the container shall not occupy required parking spaces and further provided that recycling containers shall be enclosed on three sides by a screening device approved by the planning director.
d.
Air conditioning units, heating oil storage tanks, or similar appurtenances shall be properly screened as approved by the Planning Commission.
(10)
Maximum impervious surface. The maximum percentage of impervious surface permitted on a site shall be 75%. Impervious surfaces shall include all land covered with paving, buildings, and other nonporous surfaces. The impervious surface ratio is calculated by dividing the total impervious surface by the gross area of the site. The following shall be counted as pervious surfaces:
a.
Required perimeter landscaped buffers.
b.
Fifty percent of on-site stormwater detention and retention basins, if designed as an integral part of the site landscaping, provided that the side slope of such basins shall not be steeper than 4:1 (horizontal:vertical).
c.
Parking lot islands and medians that are 20 feet or greater in each dimension.
(e)
Miscellaneous. No structure erected for the purposes of acting as a residential dwelling or apartment shall be used for commercial or office purposes unless it can meet all commercial structure standards of the state building code and unless a special use permit is obtained from the Planning Commission. These restrictions are not applicable to legitimate home occupations as defined by this chapter. The intent of this section is to protect the safety of Township residents while allowing reasonable use of historic or otherwise sound residential structures.
| Cross reference: Licenses, permits, and miscellaneous regulations, ch. 38. |
[Code 1974, § 82-12; Ord. No. 2010-02, 2-28-2010]
(a)
Purpose. The CR district is established for the accommodation of those commercial recreation uses in the Township, which are presently existing in an appropriate location and those which may be established in the future but cannot because of their particular commercial characteristics or locational requirements, be included in the other commercial districts of the Township. This section applies to such district.
(b)
Uses permitted by right.
(d)
Site development requirements.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum yard dimension.
a.
Front yard. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side and rear yards. The principal building may be constructed on the property line if constructed with the adjacent property owner's approval at the same time as, and in conjunction with, construction of an abutting building, but if side yards or rear yards are provided, they shall be at least 15 feet.
c.
Side and rear yard adjacent to a residential district. No structure shall be less than 100 feet from a residential district line.
(4)
Maximum building height: 35 feet, unless each required yard is increased one foot for every 35 feet. This shall be deemed to include all structures such as theater screens and mechanical amusements.
(5)
Signs. Signs shall be installed in accordance with those requirements specified in Article VII of this chapter.
[Amended 4-28-2023 by Ord. No. 2022-16]
(6)
Site plan review. All uses in this district are subject to site plan review as prescribed in Article II, Division 5 of this chapter.
(7)
Motor vehicle and bicycle parking requirements. Motor vehicle parking and loading, and bicycle parking requirements for this district are specified in Article VIII of this chapter.
(8)
Landscaping. Landscaping shall be maintained in all required front and side yards, in accordance with plans approved by the planning director. A landscape plan showing locations and varieties of plant materials shall be submitted for site plan review. All landscaped areas shall be planted with suitable living plant materials and replaced as necessary. Landscaped areas shall be watered, weeded and generally maintained.
(9)
Other requirements.
a.
Lighting shall be accomplished in a manner such that no illumination source is visible beyond the property lines of the lot upon which the use is located, and such that no illumination shall affect the welfare of an adjacent property.
b.
Side or rear yards may not be used for storage.
c.
All refuse containers, including trash and recycling containers, shall be enclosed on at least three sides by a screening device approved by the planning director, subject to the following provisions:
1.
For existing uses receiving a certificate of occupancy prior to the effective date of this section, recycling containers shall be placed adjacent to other refuse containers on-site. If the planning director determines that it is not practical to place the container adjacent to other refuse containers on the site, such containers may be placed in parking areas, provided that the space used for the container shall not occupy required parking spaces and further provided that recycling containers shall be enclosed on three sides by a screening device approved by the planning director.
d.
Air conditioning units, heating oil storage tanks, or similar appurtenances shall be properly screened as approved by the Planning Commission.
(10)
Maximum impervious surface. The maximum percentage of impervious surface permitted on a site shall be 75%. Impervious surfaces shall include all land covered with paving, buildings, and other nonporous surfaces. The impervious surface ratio is calculated by dividing the total impervious surface by the gross area of the site. The following shall be counted as pervious surfaces:
a.
Required perimeter landscaped buffers.
b.
Fifty percent of on-site stormwater detention and retention basins, if designed as an integral part of the site landscaping, provided that the side slope of such basins shall not be steeper than 4:1 (horizontal:vertical).
c.
Parking lot islands and medians that are 20 feet or greater in each dimension.
(e)
Miscellaneous. No structure erected for the purpose of acting as a residential dwelling or apartment shall be used for commercial or office purposes unless it can meet all commercial structure standards of the state building code and unless a special use permit is obtained from the Planning Commission. These restrictions are not applicable to legitimate home occupations as defined by this chapter. The intent of this section is to protect the safety of Township residents while allowing reasonable use of historic or otherwise sound residential structures.
| Cross reference: Licenses, permits, and miscellaneous regulations, ch. 38. |
[Code 1974, § 82-13; Ord. No. 2005-04, 3-13-2005; Ord. No. 2009-09, 11-22-2009; Ord. No. 2010-02, 2-28-2010]
(a)
Purpose. The RP district is established for the purpose of encouraging the development of park-like office centers, laboratories or pilot production research facilities, and similar activities compatible with adjacent residential or educational areas. To this end, suitable open spaces and landscaping are required. This section applies to the RP district.
(b)
Uses permitted by right. In this district no building, structure, or land shall be used and no building or structure shall be hereafter erected, structurally altered, or enlarged except for the following uses:
(1)
Laboratories, offices, and other facilities for research, both basic and applied, conducted by or for any individual, organization, or concern.
(2)
Production or prototype products when limited to the scale necessary for full investigation of merits of the product.
(3)
Production, processing, storage, and distribution of materials, goods, and products not involving a retail activity on the lot or parcel when the primary use of each building on each lot or parcel is laboratory, office, pilot production or other facility for research.
(4)
Accessory uses clearly appurtenant to the main use of the lot and customary to and commonly associated with the main use such as restaurant, cafeteria, child day care, or caretaker's facilities.
(5)
Business and professional offices.
(6)
Public utility structures, publicly owned and operator buildings and uses.
(7)
Offices of professionals licensed by the State of Michigan to treat human patients such as, but not limited to, chiropractors, dentists, dietitians/nutritionists, massage therapists, occupational therapists, optometrists, osteopaths, physical therapists, physicians, podiatrists and psychologists. This shall not include facilities accommodating overnight patients or providing secondary services not specifically listed as permitted.
(8)
Medical clinics. This shall not include facilities accommodating overnight patients or providing secondary services not specifically listed as permitted.
(c)
Uses permitted by special use permit.
(1)
Health and physical fitness facilities.
(2)
Child day care center.
(3)
Assembly of instruments and devices as the primary use of a building.
(4)
Restaurants, without drive-in facilities, open to the general public, provided that the following requirements are met:
[Amended 4-28-2023 by Ord. No. 2022-16]
a.
Restaurants may be located in buildings permitted by right in this district or permitted by a special use permit, provided that the building contains a minimum of 75,000 square feet of gross floor area.
b.
Restaurants under this provision shall be limited to one per building, not to exceed 10% of the building's gross floor area.
c.
Restaurants under this provision shall only be accessible from within the principal use or building; direct outside entrances to restaurants shall not be allowed.
d.
Restaurants shall provide off-street parking for a restaurant use in addition to the off-street parking required for the principal use.
(5)
Hotels or motels. In addition to the standards in Article II, Division 4 of this chapter, the following shall be required:
a.
The hotel or motel shall be located in a designated research and/or office park containing a minimum of 20 acres.
b.
A transition strip 100 feet wide shall be maintained between the use and any abutting residential zoning district. Landscape screening shall be provided within the transition strip. No accessory uses, including parking and access drives shall be permitted within the transition strip.
c.
Access to the site shall be from a street designed as a major arterial in the master plan for major streets and highways or via a street designated for the sole purpose of serving the research or office park.
d.
Ancillary guest services such as maid and linen service, telephone/fax/e-mail, continental breakfast, meeting rooms, banquet room/hall, gift shop, restaurant and lounge, and recreation and fitness facilities would be allowed in conjunction with an approved hotel or motel.
e.
None of the guest rooms or suites shall be occupied as an apartment or primary residence with an exception for one resident manager/owner, who may reside in a dwelling located within the hotel or motel.
(d)
Site plan review. All uses in this district are subject to site plan review as prescribed in Article II, Division 5 of this chapter. Applications for site plan review for projects in this district shall, in addition to the requirements of articles I and II of this chapter also include the following:
(1)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
(2)
Engineering and architectural plans for the treatment and disposal of sewerage and industrial waste tailings, or unusable by-products.
(3)
Engineering and architectural plans for the handling of any excessive traffic congestion, noise, glare, air pollution, or the emission of any potentially harmful or obnoxious matter or radiation.
(e)
Use requirements.
(1)
Uses in this district may be carried on either inside a building or outdoors provided they:
a.
Emit no noise exceeding 70 dBA as measured from a property line. No outdoor music or sound amplification shall be permitted, except when associated with water aerobics classes at health and physical fitness facilities, between the hours of 10:00 a.m. and 7:00 p.m.
b.
Emit no obnoxious, toxic, or corrosive fumes or gases.
c.
Emit no noxious or odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond the lot lines.
d.
Emit no smoke greater than that produced by normally operating heating equipment.
e.
Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior to or subsequent to processing.
f.
Produce no detrimental heat at or beyond the lot boundaries.
g.
Produce no physical vibrations humanly perceptible at or beyond the lot boundaries.
h.
Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation or to any intensity that interferes with the lawful use of any other property.
i.
Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production.
(2)
All outdoor storage is prohibited, except for temporarily parked licensed motor vehicles which are under 1 1/2-ton-rated capacity.
(3)
Outdoor food service is to be prohibited, except at health and physical fitness facilities where limited snack bar service, along with associated picnic areas and sanitary facilities, shall be permitted, provided the following requirements are met:
b.
All required Township, county, and state permits and licenses shall be secured prior to occupancy or use.
c.
Screening shall be required when the use is within 100 feet of a residential zoning district line. In all other circumstances, the need for screening shall be evaluated during site plan review. When required, the type, size, and design of screening shall be determined by the Director of Community Planning and Development.
d.
The limited snack bar facility shall meet the required setbacks for the principal use.
e.
Lighting shall be permitted, subject to site plan review and approval and shall be shielded so as to prevent glare onto adjacent properties.
(f)
Site development requirements.
(1)
Minimum project area. No research park district development shall be initiated on less than 20 acres of land.
(2)
Minimum lot area. No lot shall be subdivided to provide less than two acres of lot area.
(3)
Minimum lot width: 200 feet.
(4)
Maximum lot coverage. All buildings, including accessory buildings shall not cover more than 30% of the lot area.
(5)
Minimum setback dimensions.
a.
Front yards. Twenty percent of the depth of the lot, which need not, however, exceed 40 feet, provided all buildings shall be located in accordance with the setback requirements of § 86-366.
b.
Side and rear yards. Ten percent of the width and depth respectively of the lot, but need not exceed 40 feet each nor shall they be less than 10 feet.
c.
Side and rear setbacks adjacent to residential district zone lines. No structure shall be less than 100 feet from any residential district zone line. Side and rear yards may be used for passenger vehicle parking except for a strip 60 feet in width along the side and rear boundaries of the development. This sixty-foot transition strip shall be used for screening purposes and shall be composed of interlocking trees and/or foliage and other appropriate ground cover. The maintenance of this transition area shall be a continuing obligation of the owner of such area.
(6)
Maximum building height. Three stories but not exceeding 40 feet.
(7)
Signs. Signs shall be installed in accordance with those requirements specified in Article VII of this chapter.
[Amended 4-28-2023 by Ord. No. 2022-16]
(8)
Off-street parking and loading requirements. Except for the following, motor vehicle parking and loading, and bicycle parking requirements for this district are specified in Article VIII of this chapter.
a.
Off-street parking or loading shall be prohibited in any front setback or yard area.
b.
Access from the street shall be permitted through the front yard setback or yard area.
c.
Shared access agreements and easements between adjacent parcels with interconnected parking lots shall be required, where practical.
d.
Shared parking facilities and deferred parking (see § 86-759) shall be encouraged, where possible.
e.
Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of buildings in visually unobtrusive locations.
(9)
Maximum impervious surface. The maximum percentage of impervious surface permitted on a site shall be 60%. Impervious surfaces shall include all land covered with paving, buildings, and other nonporous surfaces. The impervious surface ratio is calculated by dividing the total impervious surface by the gross area of the site. The following shall be counted as pervious surfaces:
a.
Required perimeter landscaped buffers.
b.
Fifty percent of on-site stormwater detention or retention basins, if designed as an integral part of the site landscaping, provided that the side slope of such basins shall not be steeper than 4:1 (horizontal:vertical).
c.
Parking lot islands and medians that are 20 feet or greater in each dimension.
(10)
Other requirements.
a.
Lighting shall be accomplished in a manner that all lighting shall be directed downward and that no illumination is visible beyond the property lines.
b.
All refuse containers, including trash and recycling containers, shall be enclosed on all four sides by a screening device approved by the Director of Community Planning and Development, subject to the following provisions:
1.
For existing uses receiving a certificate of occupancy prior to the effective date of this section, recycling containers shall be placed adjacent to other refuse containers on-site. If the Director of Community Planning and Development determines that it is not practical to place the container adjacent to other refuse containers on the site, such containers may be placed in parking areas, provided that the space used for the container shall not occupy required parking spaces and further provided that recycling containers shall be enclosed on four sides by a screening device approved by the Director of Community Planning and Development.
[Code 1974, § 82-14; Ord. No. 2010-02, 2-28-2010; Ord. No. 2010-11, 8-22-2010]
(a)
Purpose. The I district is established for the purpose of encouraging within it the development of light manufacturing, processing, storage, and office establishments wholly compatible with adjacent residential areas. It is established as one in which the principal use of the land is for industrial activities wholly compatible with all other uses permitted in this district and commercial establishments not engaging in retail sales as a principal use. The specific intent of this section is to prohibit, for the benefit of the types of uses for which this district is designed, any and all other uses, such as residential, retail commercial, and industrial, not compatible with all other uses in this district. This section applies to the I district.
(b)
Uses permitted by right. In this district, no building, structure, or land shall be used and no building or structure shall be hereafter erected, structurally altered, or enlarged except for the following uses:
(1)
Any production, processing, cleaning, testing, repair, storage, and distribution of materials, goods, or foodstuffs.
(2)
Contractor's establishment.
(4)
Accessory uses clearly appurtenant to the main use of the lot and customary to and commonly associated with the main use such as:
a.
Restaurant or cafeteria facilities for employees.
b.
Caretakers residence if situated upon a portion of the lot complying with all of the requirements of residential districts.
c.
Office facility.
d.
Wholesale or retail sales related to the principal use.
e.
Outdoor seating. An outdoor seating area is permitted, subject to site plan approval. The outdoor seating area shall be either attached or immediately adjacent to the principal building to which the outdoor seating is accessory.
[Added by Ord. No. 2017-01, 1-17-2017]
(d)
Site plan review. All uses in this district are subject to site plan review as prescribed in Article II, Division 5 of this chapter. Applications for site plan review for projects in this district shall, in addition to the requirements of Article II, Division 5 of this chapter, also include the following:
(1)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
(2)
Engineering and architectural plans for the treatment and disposal of sewerage and industrial waste tailings or unusable by-products.
(3)
Engineering and architectural plans for the handling of any excessive traffic congestion, noise, glare, air pollution, water pollution, fire or safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
(4)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(e)
Use requirements:
(1)
Activities in this district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors but shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates, which wall or fence shall in no case be lower than the enclosed storage. Such storage shall not be deemed to include the parking of licensed motor vehicles under 1 1/2-ton-rated capacity.
(2)
Noise emanating from a use in this district shall not exceed the level of ordinary conversation at the boundaries of the lot. Short intermittent noise peaks may be expected if they do not exceed normal traffic noise peaks at any point on the lot boundaries.
(3)
Uses in this district shall be such that they:
a.
Emit no obnoxious, toxic, or corrosive fumes or gases, except for those produced by internal combustion engines under design operating conditions.
b.
Emit no odorous gases or other odorous matter in such quantities as to be humanly perceptible at or beyond any point on the boundary of the use parcel; provided, that any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
c.
Emit no smoke, other than that produced by normally operating heating equipment.
d.
Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior to or subsequent to processing.
e.
Produce no heat humanly perceptible at or beyond the lot boundaries.
f.
Utilize all lighting in a manner which produces no glare on public streets or on any other parcel.
g.
Produce no physical vibrations humanly perceptible at or beyond the lot boundaries.
h.
Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals, or vegetation or of any intensity that interferes with the lawful use of any other property.
i.
Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such materials in production.
(f)
Site development requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width:100 feet.
(3)
Maximum lot coverage. All buildings, including accessory buildings, shall not cover more than 40% of the lot area.
(4)
Minimum yard dimensions.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side and rear yards. Ten percent of the width and depth, respectively, of the lot, but need not exceed 40 feet each nor shall they be less than 10 feet.
c.
Side and rear yards adjacent to residential district zone lines. No structure shall be less than 100 feet from any residential district zone line. Side and rear yards may be used for passenger vehicle parking except for a strip 40 feet in width along the side and rear boundaries of the development. This forty-foot transition strip shall be used for screening purposes and shall be composed of interlocking trees and/or foliage and other appropriate ground cover. The maintenance of this transition area shall be a continuing obligation of the owner of such area.
(5)
Maximum building height. Forty feet unless each yard is increased one foot for each foot of height above 40 feet.
(6)
Signs. Signs shall be installed in accordance with those requirements specified in Article VII of this chapter.
[Amended 4-28-2023 by Ord. No. 2022-16]
(7)
Off-street parking and loading requirement. Motor vehicle parking and loading, and bicycle parking requirements for this district are specified in Article VIII of this chapter.
(8)
Landscaping. Landscaping shall be maintained in all required front and side yards, in accordance with plans approved by the Planning Commission. A landscape plan showing locations and varieties of plant materials shall be submitted for site plan review as prescribed in Article II, Division 5 of this chapter. All landscaped areas shall be planted with suitable living plant materials and replaced as necessary. Landscaped areas shall be watered, weeded, and generally maintained.
(9)
Other requirements.
a.
Lighting shall be accomplished in a manner such that no illumination source is visible beyond the property lines of the lot upon which the use is located and such that no illumination shall adversely affect the welfare of an adjacent property.
b.
Side or rear yards may not be used for storage.
c.
Trash containers shall be enclosed by a covered structure on at least three sides. The property shall be maintained free from litter.
[Code 1974, § 82-15; Ord. No. 2010-11, 8-22-2010; Ord. No. 2011-10, 7-19-2011]
(a)
Purpose. It is the purpose of the CV conservancy district to protect the natural, human, and economic resources of the Township and to promote the public health, safety, and general welfare by application of special regulations for the use of land which may be subject to periodic inundation at predictable intervals, or which may be particularly suited to provide for the impoundment of waters for the purpose of stormwater control or groundwater recharge. Such regulations, while permitting reasonable economic use and considering the physical limitations of such land, will help to protect the public health, public safety, and general welfare and will reduce the financial burdens imposed upon the community which may result from the improper use of land. All lands included in such district shall be subject to the terms imposed in this section in addition to the terms imposed by any other district in which such lands may be located.
(b) BASE FLOOD ELEVATION (BFE) BULKHEADING CUT DEBRIS BASIN FLOOD INSURANCE RATE MAP FLOOD INSURANCE STUDY FLOODPLAIN FLOODPROOFING FLOODWAY FLOODWAY FRINGE GRADING MULCHING OBSTRUCTION SEDIMENT SEDIMENT POOL SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT (1) (2)
Definitions. The following words, terms, and phrases when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The elevation of surface water resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.
The protection of fill material from erosion through the use of a retaining wall.
A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface.
A barrier or dam built across a waterway or other suitable locations to retain rock, sand, gravel, or silt or other materials.[1]
That map or maps prepared by the Federal Emergency Management Agency which classify the floodplain into various zones for purposes of determining flood insurance rates within the Township, a copy of which is available for examination at the Department of Community Planning and Development of the Township.
A study prepared by the Federal Emergency Management Agency which examines, evaluates, and determines flood hazards, and if appropriate, corresponding water surface elevations for the Township.
The area of land adjoining a lake or watercourse within the Township subject to a 1% or greater chance of flooding in any given year, also known as the special flood hazard area. Riverine floodplains, those along rivers and drains, are composed of both the floodway and the floodway fringe.
[Added 1-9-2024 by Ord. No. 2023-08]
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a riverine watercourse and those portions of the floodplain which are reasonably required to carry and discharge the base flood. The boundary of the floodway is designated on the current Flood Insurance Rate Maps from FEMA.
[Amended 1-9-2024 by Ord. No. 2023-08]
The portion of the base flood area located outside of the floodway which may generally be considered as the backwater area of the base flood.
Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition.
The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regional flood hazard area which may impede, retard, or change the direction of the flow of water or that is placed where the flow of water might carry the same downstream to damage of life or property.[2]
Solid material, both mineral and organic, that is in suspension, if being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion.
The reservoir space allotted to the accumulation of submerged sediment during the life of the debris basin.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. Substantial improvement includes buildings that have incurred substantial damage, regardless of the actual repair work performed. For substantial improvement, the term "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. The term "substantial improvement" does not include the following:
[Amended 1-9-2024 by Ord. No. 2023-08]
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.[3]
[1]
Editor's Note: The former definition of "development," which immediately followed this definition, was repealed 1-9-2024 by Ord. No. 2023-08.
[2]
Editor's Note: The former definition of "person," which immediately followed this definition, was repealed 1-9-2024 by Ord. No. 2023-08.
[3]
Editor's Note: The former definition of "watercourse," which immediately followed this definition, was repealed 1-9-2024 by Ord. No. 2023-08.
(c)
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and for promotion of the public health, safety, and welfare and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Approval of the use of land or premises under this section shall not be considered approval, guarantee, or warranty of safety or suitability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(d)
Conservancy district areas. The conservancy district shall be considered to overlay existing zoning districts and shall constitute additional terms over and above those imposed by the underlying zoning districts. The conservancy district within the jurisdiction of this section is hereby divided into three areas: groundwater recharge areas, floodway areas, and floodway fringe areas. The location and boundaries of the floodway and floodway fringe areas shall coincide with those locations and boundaries for floodways and floodway fringe areas as shown on the Flood Insurance Rate Map as published by the Federal Emergency Management Agency (FEMA).
[Amended 1-9-2024 by Ord. No. 2023-08]
(e)
General provisions of the of the floodplain areas of the conservancy district. The restrictions listed in this subsection constitute those general provisions which shall govern development, construction, improvement, and relocation within the floodplain areas of the conservancy district.
[Amended 1-9-2024 by Ord. No. 2023-08]
(1)
All persons proposing development within the floodplain areas shall obtain approved permits from those government agencies having jurisdiction over floodplain development. No building permit or occupancy permit shall be issued until all such aforementioned permits have been obtained and have been reviewed by the Department of Community Planning and Development.
(2)
Developers of new, substantially improved, or relocated structures within the floodplain areas shall submit to the Department of Community Planning and Development a written document indicating:
a.
The elevation of the lowest floor including basement(s) in the structure.
b.
The elevation to which a structure has been floodproofed, if floodproofing methods have been employed.
| Details of specifications proposed and as-built drawings shall be kept on record and will be available for public inspection and for use in determining flood insurance risk premium rates. |
(3)
Persons wishing to develop in areas designated as "A" zones on the flood insurance rate map (that "A" having no number or other letter affixed to the designation) shall obtain base flood elevations from federal, state, or other sources. Such elevations shall be subject to review by the Township.
(4)
When floodproofing measures are employed, a registered engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and any other factors associated with the base flood elevation.
(5)
All new construction and substantial improvements made to existing structures, including mobile homes, shall be firmly anchored to prevent flotation and lateral movement and shall be constructed with flood-resistant materials and methods.
(6)
If new and replaced utility and sanitary facilities must be located below elevation of the base flood elevation, they shall be constructed so as to be watertight, to resist hydrostatic and hydrodynamic loads, and to be resistant to the effects of buoyancy. All measures to floodproof utility and sanitary facilities are subject to the approval of the Director of Public Works and Engineering.
(7)
On-site waste disposal systems such as septic tanks and leach fields shall be located to avoid impairment by floodwaters associated with the base flood elevation.
(8)
The application or discharge of persistent toxic compounds whose direct or indirect effects through residuals have a half-life greater than six months onto or within those areas defined as floodway or floodway fringe areas is strictly forbidden.
(9)
Service facilities such as electrical and heating equipment shall be constructed at or above the base flood elevation for the particular area or floodproofed.
(10)
Fill material shall be inert with the exception of clean topsoil and shall be protected against erosion by riprap, vegetative cover, or bulkheading.
(11)
Should any watercourse relocation or alteration be proposed, notification of such change in the watercourse shall be sent by the applicant to all adjacent communities, to the state department of environmental quality, and to the Federal Emergency Management Agency. Within the altered or relocated portion of any watercourse the carrying capacity shall be maintained.
(12)
Additional regulations pertaining to activities and construction within 50 feet of the Red Cedar River and county drains are specified in § 86-471.
(13)
All subdivision proposals and proposals for new development shall be designed and located to be consistent with the need to minimize flood damage. In addition, all subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(f)
Permitted uses by right in the floodway area of the conservancy district. The following uses having a low flood damage potential and presenting no or minimal obstruction to flood flows shall be permitted within the floodway district to the extent that they are not prohibited by any other ordinance and provided they do not require structures, storage of materials or equipment, fill, or alteration of the preexisting grade. No use shall in any manner adversely affect or reduce the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system. Approval from the State Department of Environmental Quality is needed for construction activity taking place in the floodway.
(1)
Recreation uses. Parks, playgrounds, playfields, bridle paths, nature trails, natural wildlife preserves, outdoor tennis courts, archery ranges, boat launching ramps, target ranges, trap and skeet ranges, game farms, fish hatcheries, and similar uses.
(2)
Golf courses and driving ranges. In accordance with the requirements of § 86-368 of this chapter.
(3)
Agricultural uses. Customary agricultural uses, including, but not limited to, general and organic farming, pasturing and grazing, outdoor plant nurseries, horticulture, viticulture, and truck farming.
(4)
Incidental uses. Such as, but not limited to, lawns, gardens, play areas, sidewalks and pedestrian/bicycle pathways.
(5)
Parking areas Provided such parking areas are incidental to those uses permitted in § 86-436(f).
(6)
Decks, provided the following conditions:
[Added 1-9-2024 by Ord. No. 2023-08]
a.
Any deck with foundational elements located within the floodplain shall be structurally independent from the residential structure.
b.
Any deck with foundational elements located within the floodplain requires a floodplain (Part 31) permit from the Michigan Department of Environment, Great Lakes, and Energy. A copy of such permit shall be provided to Meridian Township.
c.
Any deck, or portion thereof, located within the floodplain may not be enclosed beneath, or within one foot above, the base flood elevation.
(g)
Uses permitted by special use permit in the floodway area of the conservancy district. Provided such uses shall not be adverse to the purpose of this section or damaging to the public health, safety, or welfare, or impose a financial burden upon the community, or shall in any manner adversely affect or reduce the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system, the following uses may be permitted by issuance of a special use permit in accordance with Article II, Division 4, of this chapter and any other requirements stipulated in this section:
(1)
Railroads, streets, sidewalks, pedestrian/bicycle pathways, and bridges.
(2)
Marinas, boat rentals, docks, piers, wharves.
(3)
Extraction of sand, gravel, and other materials.
(4)
Structures for recreational uses such as shelter houses, outbuildings or pavilions.
(h)
Application requirements for special use permit in the floodway. In addition to the requirements of Article II, Division 4 of this chapter, the following information shall be submitted with the application for a special use permit:
(1)
A location map including existing topographic data with contours at two-foot intervals at a maximum scale of one inch representing 100 feet.
(2)
A scaleable drawing showing proposed grading and drainage plans including the location of all public drainage easements, proposed and existing structures, and the limits, extent, elevations of the proposed fill, excavation, and areas of compensating excavation.
(3)
Calculations depicting the amount of fill and compensating excavation which are being proposed.
(4)
A written statement from the Director of Public Works and Engineering concerning feasibility of the proposal and a recommendation.
(5)
Copies of any correspondence, documents, comments, or permits received from the Federal Emergency Management Agency, state department of environmental quality and the county drain commissioner's office related to the proposed work in the floodway.
(6)
Any other information necessary to enable the Planning Commission or the Director of Community Planning and Development to determine whether the proposed use will conform to the provisions of this section.
(i)
Standards for special use permits within the floodway. The following standards as well as the review criteria listed in Article II, Division 4 of this chapter shall be used to review the particular circumstances and facts of each proposed use in terms of the following standards:
(1)
Structures shall not be designed for human habitation and shall have a low flood damage potential.
(2)
Structures, if permitted, shall be constructed and placed on the site so as to offer the minimum obstruction to the flow of floodwaters and whenever possible shall be constructed with the longitudinal axis parallel to the direction of flood flow.
(3)
No special use permit shall be issued for the development of new structures, the substantial improvement or relocation of old structures, or development of any kind within the floodway area when such development, construction, improvement, or relocation would cause any increase in flood level associated with the base flood elevation.
(4)
Excavation and shaping of the floodway shall be conducted in such a manner as to maintain or improve the flow of the base flood elevation. In no case shall the flow or impoundment capacity of the floodway be reduced. Excavation of soil, sand, gravel, and other materials for the sole purpose of providing a compensating excavation in the floodway for the placement of fill in the floodway fringe is prohibited.
(j)
Requirements for all special use permits for uses in the floodway area of the conservancy district. In addition to the requirements of Article IV, Division 4 of this chapter, an applicant for a special use permit in the floodway area of the conservancy district shall submit the following prior to any work taking place on site:
(k)
Permitted uses by right in the floodway fringe area of the conservancy district. The following uses having a low flood damage potential and presenting no or minimal obstruction to flood flows shall be permitted within the floodway fringe district to the extent that they are not prohibited by any other ordinance and provided they do not require structures, storage of materials or equipment, fill, or alteration of the preexisting grade. Approval from the State Department of Environmental Quality is needed for construction activity taking place in the floodway fringe.
(1)
Recreation uses. Parks, playgrounds, playfields, bridle paths, nature trails, natural wildlife preserves, outdoor tennis courts, archery ranges, boat launching ramps, target ranges, trap and skeet ranges, game farms, fish hatcheries, and similar uses.
(2)
Golf courses and driving ranges. In accordance with the requirements of § 86-368 of this chapter.
(3)
Agricultural uses. Customary agricultural uses, including, but not limited to, general and organic farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, and truck farming.
(4)
Incidental uses. Such as, but not limited to, lawns, gardens, play areas, sidewalks and pedestrian/bicycle pathways.
(5)
Parking areas. Provided such parking areas are incidental to those uses permitted in § 86-436(k).
(6)
Decks, provided the following conditions:
[Added 1-9-2024 by Ord. No. 2023-08]
a.
Any deck with foundational elements located within the floodplain shall be structurally independent from the residential structure.
b.
Any deck with foundational elements located within the floodplain requires a floodplain (Part 31) permit from the Michigan Department of Environment, Great Lakes, and Energy. A copy of such permit shall be provided to Meridian Township.
c.
Any deck, or portion thereof, located within the floodplain may not be enclosed beneath, or within one foot above, the base flood elevation.
(l)
Uses permitted by special use permit in the floodway fringe area of the conservancy district. Provided such uses shall not be adverse to the purpose of this section or damaging to the public health, safety, or welfare or impose a financial burden upon the community, the following uses may be permitted by issuance of a special use permit in accordance with Article II, Division 4, of this chapter and any other requirements stipulated in this section:
(1)
Railroads, streets, sidewalks and pedestrian/bicycle pathways, bridges.
(2)
Marinas, boat rentals, docks, piers, wharves.
(3)
Extraction of sand, gravel, and other materials.
(4)
Structures for recreational uses such as shelter houses, outbuildings, or pavilions which incorporate fill and are to be constructed above the preexisting grade.
(5)
Those uses indicated as being permitted by right or as being permissible with a special use permit in those zoning districts which underlie the conservancy district.
(6)
Parking areas. Provided such parking areas are incidental to those uses permitted in § 86-436(l).
(7)
Dumping or backfilling with any material in any manner. In cases where floodway fringe areas have impoundment potential, such dumping or backfilling may be permitted when an equal or greater compensating excavation is provided which maintains or improves the flow or natural impoundment capacity of the floodway fringe. In no case shall the flow or impoundment capacity of the floodway fringe be reduced.
(m)
Application requirements for a special use permit in the floodway fringe. In addition to the requirements of Article II, Division 4 of this chapter, the following information shall be submitted with the application for a special use permit:
(1)
A location map including existing topographic data with contours at two-foot intervals at a maximum scale of one inch representing 100 feet.
(2)
A scaleable drawing showing proposed grading and drainage plans including the location of all public drainage easements, proposed and existing structures, and the limits, extent, elevations of the proposed fill, excavation, and areas of compensating excavation.
(3)
Calculations depicting the amount of fill and compensating excavation which are being proposed.
(4)
A written statement from the Director of Public Works and Engineering concerning feasibility of the proposal and a recommendation.
(5)
Copies of any correspondence, documents, comments, or permits received from the Federal Emergency Management Agency, state department of environmental quality and the county drain commissioner's office related to the proposed work in the floodway fringe.
(6)
Any other information necessary to enable the Planning Commission or the Director of Community Planning and Development to determine whether the proposed use will conform to the provisions of this section.
(n)
Standards for special use permits within the floodway fringe. The following standards as well as the review criteria listed in Article II, Division 4 of this chapter shall be used to review the particular circumstances and facts of each proposed use:
(1)
All new residential structures and residential structures requiring substantial improvement shall have the lowest floor, including basement, elevated to one foot above the level of the base flood elevation.
(2)
All new nonresidential structures and nonresidential structures requiring substantial improvements shall have the lowest floor, including basement, elevated to one foot above the level of the base flood elevation or shall be floodproofed to one foot above the level of the base flood elevation.
(3)
Excavation and shaping of the floodway fringe shall be conducted in such a manner as to maintain or improve the natural impoundment capacity of the base flood elevation. In no case shall the impoundment capacity of the floodway fringe be reduced.
(o)
Requirements for all special use permits for uses in the floodway fringe area of the conservancy district. In addition to the requirements of Article IV, Division 4 of this chapter, an applicant for a special use permit in the floodway [fringe] area of the conservancy district shall submit the following prior to any work taking place on site:
(p)
Minor fill to correct erosion problems. A maximum of 10 cubic yards of fill material may be placed behind a seawall or similar bulkhead structure for the purpose of replacing earth lost to erosion, subject to the review and approval of the Director of Community Planning and Development.
(q)
Mobile homes and mobile home parks and subdivisions located in floodplain areas. When a mobile home, mobile home park, or mobile home subdivision is to be developed or substantially redeveloped or reconstructed and is located either totally or partially within the floodway fringe areas of the conservancy district, the following regulations shall apply in addition to those listed in § 86-431 and Chapter 42, Article II:
(1)
No mobile homes shall be placed in the floodway fringe area of the conservancy district except within mobile home parks or mobile home subdivisions which were existing prior to February 1977. In no case shall a mobile home be placed in the floodway.
(2)
Mobile homes placed within the floodway fringe area shall be anchored to resist flotation, collapse, or lateral movement in the following manner:
a.
Over-the-top ties to ground anchors shall be provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations; however, mobile homes of less than 50 feet long shall be required to have only one additional tie per side.
b.
Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points along the mobile home; however, mobile homes of less than 50 feet long shall be required to have only four additional ties per side.
c.
All equipment used to tie down the mobile home shall be capable of carrying a force of 4,800 pounds.
d.
Any additions to the mobile homes located within the floodway fringe shall be anchored in a similar manner.
(3)
For new mobile home parks and mobile home subdivisions, and for expansions to existing mobile home parks and mobile home subdivisions, and for repair, reconstruction, or improvement of the streets, utilities and pads in such mobile home parks and mobile home subdivisions, any of which take place in the floodway fringe area, the following restrictions shall apply:
a.
Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home shall be elevated to at least one foot above the base flood elevation.
b.
Adequate surface drainage shall be provided along with ample access for a hauler.
c.
If the stands are elevated on pilings, lots shall be large enough to permit steps. Pilings shall be placed in stable soil and shall be no more than 10 feet apart. Any pilings which are located more than six feet above the ground level shall be reinforced.
(4)
Any mobile home which is to be located, reconstructed, or repaired on an individual lot not associated with a mobile home park or mobile home subdivision and which is located either totally or in part in the floodway fringe area shall meet those requirements for elevation, drainage, and piling design set forth in § 86-377.
(5)
All mobile home parks and mobile home subdivisions located within the floodway area shall develop an evacuation plan indicating alternate vehicular access and escape routes and shall submit copies of such plan to the emergency response teams for both Lansing and Ingham County and to any other disaster relief agency deemed appropriate.
(r)
Standards for variance by the Zoning Board of Appeals from the strict interpretation of the regulations set forth in § 86-436.
(1)
No variance shall be granted for the development of new structures, the substantial improvement or relocation of old structures, or development of any kind within the floodway area when such development, construction, improvement, or relocation would cause any increase in flood levels associated with the base flood elevation.
(2)
The following four criteria must be met in addition to those stipulated in § 86-221 before a variance can be granted:
a.
A sufficient cause for granting the variance must be shown.
b.
A determination that failure to grant the variance would result in a practical difficulty to the applicant.
c.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense or will not create nuisances, cause fraud on or victimization of the public or conflict with this chapter.
d.
A determination that the variance is the minimum necessary to afford relief.
(3)
Upon application for a variance for construction below the elevation of the base flood elevation, the Township shall notify the applicant for variance in writing that issuance of a variance to construct a structure below the elevation of the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation and that such construction below the elevation of the base flood elevation increases risk to life and property. Record of such notification shall be maintained along with records of all variance actions dealing with floodplain development.
(s)
Uses permitted by special use permit in the groundwater recharge area of the conservancy district. Provided such cases shall not, in the opinion of the Planning Commission, be adverse to the purpose of this section or damaging to the public health, safety, or welfare or impose a financial burden upon the community, the following uses may be permitted by issuance of a special use permit in accordance with Article II, Division 4 of this chapter and any other requirements stipulated in this section:
(1)
Railroads, streets, bridges, utility transmission lines, and pipelines.
(2)
Marinas, boat rentals, docks, piers, wharves.
(3)
Extraction of sand, gravel, and other materials.
(4)
Structures for recreational uses such as shelter houses, outbuildings or wildlife sanctuaries.
(5)
Those uses indicated as being permitted uses or as being permissible with a special use permit in those zoning districts which underlie the conservancy district.
(t)
Requirements for special use permits for uses in the groundwater recharge area of the conservancy district. In addition to the requirements of § 86-377 of this chapter, the applicant for a special use permit in the conservancy district shall submit the following:
(1)
A location map including existing topographic data at two-foot interval contours.
(2)
A map showing proposed grading and drainage plans including the location of all public drainage easements, the limits and extent of the proposed fill, excavation, and occupation.
(3)
A statement from the county drain commissioner indicating that he has reviewed and approved plans.
(4)
A statement from the county Health Department indicating that they have reviewed and approved plans.
(5)
A statement from the Township Engineer concerning feasibility of the plans and his approval.
(6)
Any other information requested by the Planning Commission.
(u)
Standards for special use permits within the groundwater recharge area. The Planning Commission shall review the particular circumstances and facts of each proposed use in terms of the following standards as well as those in § 86-126.
(1)
Any fill proposed to be deposited in a groundwater recharge area must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose.
(2)
Fill or other material shall be protected against erosion by riprap, vegetative cover, or bulkheading.
(3)
Reduction of surface water infiltration shall be kept to a minimum.
(w)
Relationship of this section to state and federal law. Nothing in this section shall be deemed to exempt a person from the requirements of any state or federal statute or regulation applicable to the proposed activity nor shall any permit or approval issued to a person from a state or federal agency be deemed to exempt the person from the requirements of the section.
(x)
Uses permitted by administrative review. Uses described in § 86-436(f) or § 86-436(k) which incorporate fill less than or equal to 10 cubic yards and are to be constructed above the preexisting grade shall be subject to administrative review and approval by the Township Floodplain Administrator. All other requirements of § 86-436 shall apply.
[Added 1-9-2024 by Ord. No. 2023-08]
[Code 1974, § 82-17]
(a)
Purpose. The purpose of the AG agriculture district is to conserve and protect agricultural lands as an ecologically and economically valued resource. This section applies to the AG district.
(b)
Uses permitted by right. The following uses are permitted by right in the agriculture district:
(1)
General and specialized commercial agriculture, including, but not limited to, the following:
a.
Grain, grass, and seed crops.
b.
Fruit, nut, and vegetable crops.
c.
Dairy farms.
d.
Raising of farm animals and production of farm animal products, except feedlots. The term "feedlot" is defined as a concentrated, confined animal or poultry operation, wherein animals or poultry are fed at the place of confinement and crop or forage growth or production is not sustained within the place of confinement, for the purpose of fattening livestock or poultry in preparation for consumption.
1.
Stabling or confining animals or poultry in barns, pens, stables, or corrals for the production of milk or egg products or for temporary holding of livestock for normal tending shall not be construed as a feedlot and shall be permitted by right, provided no such barn, pen, stable, or corral is located within 200 feet from any other zoning district boundary.
2.
Pasture land shall not be construed as a feedlot and shall be permitted by right. Pasture land shall not be subject to any setbacks. Pasture land shall be identified by a predominance of vegetation consisting of desirable forage species upon which livestock graze.
e.
Fisheries.
f.
Tree farms, not selling at retail on the premises.
g.
Sod farms.
h.
Beekeeping.
i.
Soil conservation.
j.
Commercial forestry.
(2)
One farm dwelling per farm which serves as the principal residence for the owner or operator of the farm.
(3)
Farm drainage and irrigation systems.
(4)
Nurseries or greenhouses, not selling at retail on the premises.
(5)
Transmission and distribution lines and pipelines of public utility companies.
(6)
Railroad rights-of-way, including all necessary trackage, switches, and operating devices, but excluding storage, marshalling yards, freight yards, or sidings.
(7)
Private kennels, provided that no outside exercise or training areas are located within 200 feet from any other zoning district boundary.
(c)
Uses permitted by special use permit. The Planning Commission may permit the following special uses in the agriculture district, subject to any conditions of approval and the review criteria set forth in Article II of this chapter, in addition to the standards of the agriculture district and specific standards applicable to such special use as indicated below:
(1)
Riding or boarding stables:
(2)
Nurseries or greenhouses selling at retail on the premises.
(3)
Tree farms selling at retail on the premises.
(4)
Public service installations, including, but not limited to, public utility buildings and structures, telephone exchanges, transformer stations, substations, and gas regulator stations.
(6)
Temporary or seasonal sales of items produced on the farm which require manufacturing or mechanical processing.
(d)
Permitted accessory uses and structures. The following accessory uses and structures shall be permitted by right in the agriculture district:
(1)
Temporary or seasonal sales of items produced on the farm, not including products requiring manufacturing or mechanical processing.
(2)
Temporary or seasonal roadside sales of items produced on the farm, subject to the following provisions:
[Amended 4-28-2023 by Ord. No. 2022-16]
(3)
Home occupations, subject to the provisions of Subsection 86-368(b)(2).
(4)
Temporary buildings associated with construction of permanent buildings. Such buildings shall be removed upon the completion or abandonment of the construction work and before issuance of an occupancy permit.
(5)
Barns, silos, equipment storage, and similar structures customarily incidental to the permitted principal use and structures.
(6)
Manure storage incidental to the raising of farm animals, provided no such storage area shall be permitted within 200 feet of any other zoning district boundary.
(e)
Dimensional requirements. The following minimum or maximum dimensions for lot area and width, front, side, and rear yards, lot coverage, and building heights shall be required for every structure and land use in the agriculture district, except as specifically provided otherwise in this section:
(1)
Minimum lot area. The minimum lot area for the agriculture district shall be 35 acres, or any land classified as farmland, unless otherwise specified in this section.
(2)
Minimum lot width. The minimum lot width shall be 600 feet, except that the minimum lot width for public service installations and telecommunication towers shall be 200 feet.
(3)
Maximum lot coverage. All buildings, including accessory buildings, shall not cover more than 20% of the total lot area, except that the lot coverage of public service installations and telecommunication transmission and receiving towers shall be determined by the Planning Commission on an individual basis, upon application for a special use permit in accordance with Article II, Division 4 of this chapter.
(4)
Maximum height. The maximum height for all structures shall be 35 feet, except that the maximum height of farm structures other than farm dwellings shall be 100 feet.
(5)
Minimum yard dimensions for principal structures.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot principally fronts.
b.
Side yards: 25 feet.
c.
Rear yards: 25 feet.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal buildings shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lots abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply, except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yard.
(6)
Setback for farm structures exceeding 35 feet in height.
b.
Side and rear yards. All farm structures exceeding 35 feet in height shall be set back from the side and rear lot lines a distance at least equal to the height of the structure.
c.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage or a distance at least equal to the height of the structure, whichever is greater.[1]
[1]
Editor's Note: Former Subsection (f), Signs, which immediately followed this subsection, was repealed 4-28-2023 by Ord. No. 2022-16.
[Code 1974, § 82-19; amended by Ord. No. 2016-03, 1-5-2016]
(a)
Purpose.
(1)
The purpose of the wireless communications facilities overlay district is to:
a.
Provide standards and regulations pertaining to the location, construction, design, and maintenance of wireless communications facilities within the Township;
b.
Minimize adverse effects of wireless communications facilities through careful design, siting, and screening;
c.
Protect residential areas, agricultural or natural areas, and protect future land uses from potential adverse impacts of towers and antennas;
d.
Avoid potential damage to adjacent properties from structural failure of a wireless communications support structure through proper engineering and careful siting of structures; and
e.
Minimize the total number of towers throughout the Township by encouraging the joint use of any new or existing wireless communications facility or other suitable structure.
(b)
Applicability.
(1)
The regulations and standards of this overlay district shall apply to any wireless communications facility permitted by right or by special use permit in the Township and which is utilized to send or receive communications, including, but not limited to, cellular towers, paging towers, radio and television broadcasting transmission towers, microwave towers, and antennas, satellite antenna, towers, digital communications towers, whip antennas, panel antennas, dish antennas, mounted antennas, personal communication services (PCS), or other similar wireless communications towers, antennas, and facilities.
a.
Police, fire, and emergency communications, citizens band radio, shortwave, ham and amateur radio, or personal receive-only antennas are exempt from this section.
b.
In no case shall any portion of a wireless communications facility be permitted within the required natural vegetation strip per § 86-471, a floodway, a heritage neighborhood, a property or structure listed on the National Register of Historic Places or eligible property or structure, Native American burial sites, or within 300 feet of a designated natural beauty road.
(c)
Uses permitted by right:
(1)
Wireless communications support structures which incorporate stealth design.
(2)
Wireless communications equipment if all of the following requirements are met:
a.
The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.
b.
The existing wireless communications support structure or the existing equipment compound is in compliance with the Township Zoning Ordinance or has been previously approved by the Township.
c.
The proposed collocation will not result in any of the following:
1.
An increase in the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.
2.
An increase in the width of the wireless communications support structure by more than the minimum required to permit collocation.
3.
An increase in the area of the existing equipment compound to greater than 2,500 square feet.
d.
The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the Township.
(3)
Roof-mounted antennas:
(4)
Mounted antennas not located on a roof which have a total height of three feet or less. With the exception of one whip antenna, mounted antennas shall not be permitted on business signs without a special use permit.
(5)
Collocation of a wireless communications antenna on a public water tower, athletic field light standard, electrical utility transmission tower or distribution pole, or on an existing tower or pole within the right-of-way or easement of an electrical utility corridor.
Where freestanding wireless communications facilities are permitted to locate by an electric utility within an electrical utility easement, the wireless communications tower shall meet the minimum setback requirements in this section.
(d)
Uses permitted by special use permit: any proposed wireless communications facility not described under "uses permitted by right."
(e)
Special use permit review process.
(1)
A completed special use permit application shall be submitted to the Director of Community Planning and Development pursuant to the requirements of § 86-124.
(2)
After the special use permit application is filed, the Planning Commission or the Planning Commission's authorized designee shall determine whether the application is administratively complete. The application shall be considered to be administratively complete when the Planning Commission or the Planning Commission's authorized designee makes that determination or 14 business days after the Planning Commission or the Planning Commission's authorized designee receives the application, whichever is first.
(3)
Before the expiration of the 14 business days, the Planning Commission or the Planning Commission's authorized designee shall notify the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notify the applicant that a fee required to accompany the application has not been paid, specifying the amount due. The running of the 14 business days is tolled until the applicant submits to the Planning Commission or the Planning Commission's authorized designee the specified information or fee amount due. The notice shall be given in writing or by electronic notification.
(4)
After the application is determined to be administratively complete, the Planning Commission shall hold a public hearing. Notice of the public hearing shall comply with the provisions of § 86-65(b) of the Code of Ordinances.
(5)
The Planning Commission shall approve or deny a special use permit not more than 60 days after the application is considered to be administratively complete, except a special use permit for a new wireless communications facility shall be approved or denied not more than 90 days after the application is considered to be administratively complete. If the Planning Commission fails to approve or deny the special use permit within the time period, the special use permit shall be considered approved and the Planning Commission shall be considered to have made any determination required for approval.
(6)
Conditions placed on a special use permit approval shall be limited to meeting the requirements of this section, other Township ordinances, and state and federal laws.
(f)
Standards applying to wireless communications facilities.
(1)
General requirements.
a.
The applicant shall demonstrate to the Township by means of an architect's or engineer's report that the proposed wireless communications facility is no more than the minimum height necessary. This report shall be certified and sealed and shall at a minimum include details on the support structure's design and safety, location and topography constraints, expected usage or cell range, potential interference sources, collocation needs, safety, and siting need and requirements.
b.
Applicants for a wireless communications facility shall disclose any potential impact on the environment in an environmental assessment for the following categories:
c.
At wireless communications facilities with a freestanding wireless communications support structure, a minimum of two off-street parking spaces shall be provided on the site. An additional off-street parking space for each two employees required as on-site personnel shall be provided at the facilities.
d.
All wireless communications facilities with a freestanding wireless communications support structure located in a residential zoning district shall be located on a separate parcel of land which meets the lot area and width requirements of the residential zoning district where it is located or the minimum setbacks in this section, whichever is greater.
e.
All wiring connecting a freestanding wireless communications support structure with buildings and equipment within the equipment compound shall be placed underground or fully enclosed.
f.
All applicants proposing a wireless communications facility are recommended to schedule a pre-site-selection conference with the Department of Community Planning and Development.
g.
The applicant shall provide the Department of Community Planning and Development with copies of all Federal Communications Commission (FCC) and other regulatory approvals.
h.
Accessory mechanical buildings associated with a wireless communications facility shall be designed in a manner which is architecturally compatible with the surrounding neighborhood.
(2)
Collocation.
a.
In order to maximize the efficiency of wireless communications services, while also minimizing the impact of such facilities on the Township, all applicants for wireless communications facilities shall be required to provide information regarding the feasibility of collocation at all proposed or existing sites in the Township. Furthermore, all applicants shall be required to provide a notarized letter of intent to commit itself to:
1.
Respond to any requests for information from another potential shared use applicant;
2.
Negotiate in good faith and allow for leased shared use if an applicant, or the Township as a user, demonstrates that it is technically feasible; and
3.
Make no more than a reasonable charge for a shared use lease.
b.
Should collocation be proposed at a wireless communications facility, accessory mechanical buildings shall either be situated directly adjacent to or abutting each other and separated by a firewall, shall be placed underground, or shall be designed in a manner which limits the number and size of the buildings on the site. On-site constraints, such as existing topographical and other natural features, may be considered when reviewing a proposed collocation design. Accessory mechanical buildings shall be designed to be consistent in design, style, and exterior appearance. Review and approval of accessory mechanical buildings at a collocation site shall be made by the Director of Community Planning and Development.
(3)
Site development requirements.
a.
All wireless communications facilities shall be subject to site plan review.
b.
Height. Unless otherwise provided for in this section, the antenna and towers associated with wireless communications facilities shall be exempt from the maximum height requirements of the zoning district where they are located.
c.
Setbacks. Freestanding wireless communications facilities shall be subject to the following minimum setback requirements:
1.
Freestanding wireless communications support structures employing guy anchors shall be sited so that the guy anchors for the structure meet the minimum setback requirements of the zoning district where they are located and do not cross into another zoning district.
2.
When a monopole, self-supporting lattice tower, or guyed tower is used as the wireless communications support structure, it shall be set back from all property lines a distance equal to the height of the monopole, self-supporting lattice tower, or guyed tower or the minimum setback required by the zoning district, whichever is greater.
3.
Mounted wireless communications equipment shall meet the required setbacks for the structure upon which they are located and shall be situated to provide for maximum safety on the site.
d.
Safety and security requirements.
1.
The applicant shall, in conjunction with the application, submit a statement that is certified and sealed by a licensed architect or engineer indicating that the proposed wireless communications facility is in compliance with all Federal Communications Commission (FCC) regulations and all building and code requirements.
2.
All wireless communications facilities shall be fitted with anticlimbing devices.
3.
Proof of adequate insurance coverage, sufficient to cover any potential damages done by or to the facility, shall be provided.
4.
Security fencing, compatible with the Township's fence regulations of § 86-506, shall be installed completely around freestanding wireless communications facilities, including guy anchors. Access shall be provided only by a locked gate. Security fencing shall not be required for mounted facilities.
5.
When a monopole, self-supporting lattice tower, or guyed tower is used as the wireless communications support structure, a statement verifying that the tower, including any and all attachments, shall comply with all building code and Electronics Industry Association (ETA) (222-E) requirements and shall be certified and sealed by a licensed architect or engineer and furnished with the application.
6.
The wireless communications facility shall not block areas which will hamper firefighting or emergency equipment or maintenance of other utilities.
7.
All wireless communications facilities shall receive regular and routine care and maintenance.
e.
Landscaping and visual impact requirements.
1.
Landscaping consisting of native species approved by the Township shall be provided in sufficient quantity around the perimeter of the required security fencing, as well as adjacent to any buildings and anchors. Site access entrances shall also be landscaped with native materials. This information shall be presented on a landscape plan and subject to the approval of the Director of Community Planning and Development.
2.
When located on an otherwise undeveloped site, the existing natural vegetation of the property shall be maintained to the greatest extent possible. The applicant shall provide information on a landscape plan regarding existing vegetation which is proposed to be removed and methods for replacement. In no case shall an entire site be graded and/or cleared for installation of a wireless communications facility.
3.
Where a wireless communications facility is proposed, the applicant shall demonstrate how the accessory building's design will limit adverse visual impacts to neighboring property owners. Appropriate landscaping shall also be provided.
5.
When a monopole, self-supporting lattice tower, or guyed tower of 200 feet or less in height is used as the wireless communications support structure, a design utilizing light sky-blue, sky-mist gray, or a similar unobtrusive color shall be required, unless otherwise directed by the FAA.
(g)
Abandonment.
(1)
Wireless communications facilities which have been abandoned or are unused or disconnected from the network for a period of six months shall be immediately removed from the site at the cost of the facility applicant or their successor.
(2)
Upon removal of the wireless communications facility from the site, all foundations shall also be removed to a depth of at least six feet in residentially zoned districts. In all other zoning districts, the foundation shall be removed to a depth of at least three feet. Additionally, the fencing and accessory structures shall be demolished and removed from the site at the cost of the applicant, or their successor.
(3)
The siting of any antenna or tower shall require the applicant to deposit with the Township Clerk security of a performance guarantee (in a time duration and with a financial institution deemed acceptable to the Township) in the form of cash, a certified check, or irrevocable bank letter of credit, which will ensure full compliance with this article and any conditions of approval. The security shall cover removal of the facility when it has been abandoned, or unused or disconnected from the network as provided herein. The amount of security shall be sufficient to remove the entire facility, equipment, equipment compound and related improvements and satisfactory to the Township.
The security shall be kept in full force and effect and irrevocable and noncancelable (except by the written consent of both the Township and the then-owner of the antenna, tower or related facility) during the entire time while the antenna or tower exists or is in place. The applicant and owner shall further agree as a condition of the security that the applicant and owner are responsible for the payment of any costs and attorneys' fees incurred by the Township in securing removal.
[Code 1974, § 86-2; Ord. No. 2002-11, 10-15-2002; Ord. No. 2003-05, 4-1-2003; Ord. No. 2005-08, 10-30-2005; Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009; Ord. No. 2010-02, 2-28-2010]
(a)
Purpose. The intent of this district is to permit greater flexibility and consequently more creative design of residential areas than is possible under conventional zoning regulations. It is the intention of this section to allow flexibility without sacrificing established values and rights to adequate light, air, noise, and privacy. It is further intended to promote open space and more cost efficient housing, circulation systems, utilities, and use of land. A premise basic to this section is to consider only developments that will result in lasting value and make a contribution to both social and economic stability in the Township. Finally, because flexibility is inherent in the concept of a PUD, a higher degree of public direction and scrutiny is an essential part of this section. These provisions are set forth in the following subsections of this section. In addition, prospective PUD developers should be aware that final decision of approval or denial of a planned unit development, even though the planned unit development appears to meet the written and outlined criteria as listed in this section, remains with the Township Planning Commission and, in turn, the Township Board at the time and manner as in described in this section.
(b)
Minimum PUD performance objectives.
(1)
All applications shall provide for buffering between any conflicting feature of the design and adjacent residential land use.
(2)
All applications shall ensure good internal and external pedestrian accessibility with a minimum of conflicting points with the vehicular circulation system. Special provisions for safety such as pedestrian overpasses may be required.
(3)
All applications shall minimize the cost of street construction and associated maintenance costs while adhering to official Township construction standards.
(4)
All applications shall consider convenient access to public transportation.
(5)
All applications shall minimize the cost of utility construction and associated maintenance costs while adhering to construction standards.
(6)
All applications shall take advantage of natural vegetation and topographic characteristics to promote natural air conditioning and enhancement of air quality. This same consideration, in conjunction with the direction and angle of the sun, shall be considered to assist with minimizing energy consumption.
(7)
All applications should enhance and preserve wildlife habitat, with special attention to wetlands and other unique habitats. The creation of ponds and habitats that enhance wildlife possibilities is encouraged so long as it is not detrimental to existing quality wetlands and wildlife habitats. Wildlife habitat does not refer to croplands, grassy fields, or other areas of usual abundance, but to special land features such as orchards, small woodlots, swales, ponds, and areas where cover type is abundant enough so as to stand out from the rest of the landscape and where it is common to find wild birds and animals.
(8)
Except in unusual circumstances, stormwater runoff induced by the proposed development shall be detained for storage and infiltration on the site.
(9)
All applications shall provide for active and/or passive recreation on the site in harmony with the character of the open space.
(10)
A minimum of 50% of the project area allowed for density determination, excluding wetlands and floodplains, shall be provided as open space. Deliberate efforts must be made to preserve important landscape features and amenities of longterm value and use these features as key components of design. Open space shall consist of large blocks of land, wherever possible.
(11)
All applications shall contain a housing type or types sufficient in number to maintain a harmonious relationship with important site features, structures and adjacent land uses and represent quality in design. Setback requirements for multiple dwellings should conform to setback regulations, set forth in Subsection 86-376(g), except where variations can be justified and are approved by the Planning Commission and Board of Trustees.
(12)
All applications shall demonstrate that there is adequate capacity of public streets, sewer and water facilities to serve the development. All applications shall demonstrate the suitability of ground water for on-site water supply in areas not served by public water and the suitability for on-site sewage disposal in areas not served by public sewers. If existing facilities are found by the Planning Commission to be inadequate, the applicant shall correct the deficiencies prior to final PUD approval.
(c)
General restrictions and standards.
(1)
Minimum project area. Subject to the conditions set forth in this section and elsewhere in this chapter, planned unit developments are permitted on sites of any size. No commercial uses of any nature shall be permitted in any planned unit development of less than 15 contiguous acres or in any planned unit development located in the RR rural residential district. For planned unit development consisting of 15 contiguous acres or more and located in any district except RR, the commercial uses shall be allowed as provided for by the chapter but in no event shall such use occupy more than 3% of the total buildable land area of the planned unit development. Prior to issuance of a building permit for construction of any approved commercial use, occupancy permits shall have been issued for a minimum of 75% of the planned unit development's residential component. Land used for commercial purposes in a planned unit development shall not be used to determine allowable residential densities.
[Amended 5-17-2022 by Ord. No. 2022-07]
(2)
Location. Planned unit developments of allowable size may be located in any residential district upon approval of the Planning Commission.
(3)
Uses permitted. Subject to the provisions of this chapter all uses permitted in all residential districts and C-1 district shall be permitted in planned unit developments, except as limited in subsection (c)(1) above.
(4)
Requirements.
a.
Yard, setback, lot size, type of dwelling unit, height, frontage requirements, and use restrictions are generally waived for the planned unit development, except as noted, provided that the spirit and intent of this section, as defined in the purpose clause above, are incorporated with the total development plan. The Planning Commission may determine that certain setbacks be established within all or a portion of the site and shall determine the suitability of the total development plan in accordance with the purpose and performance section.
b.
Every structure or dwelling unit shall have access to a public street, walkway, or other area dedicated to common use.
(5)
Privacy. Each development shall provide visual and acoustical privacy for dwelling units. Features such as fences, screening walls, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants. High-rise buildings shall be located within a planned unit development in such a way as to minimize any adverse impact on adjoining low-rise buildings either within the development or adjacent area and to avoid an invasion of the privacy of the occupants of such low-rise buildings.
(6)
Off-street parking. Parking space shall be provided in accordance with the following standards:
a.
Minimum parking space size shall be 200 square feet.
b.
A minimum of two parking spaces shall be provided for each dwelling unit, except as noted in subsection c.
c.
Uses other than one- and two-family residential, such as housing for the elderly, commercial uses, institutional uses, or similar uses, shall meet the motor vehicle parking and loading, and bicycle parking requirements set forth in Article VIII of this chapter.
d.
Common driveways, parking areas, walks, and steps may be required, together with appropriate lighting, in order to ensure the safety of the occupants and the general public.
e.
Screening of parking and service areas may be required through use of trees, shrubs, hedges, or screening walls.
(7)
Density. The total number of dwelling units permitted shall be determined in accordance with the following stipulations:
a.
Preparation of a site plan based on a preliminary lot layout (yield plan) developed in conformance with the underlying zoning district, the subdivision regulations (as applicable), and the Township Code of Ordinances to determine the number of residential dwelling units the site will yield, the site plan and preliminary lot layout shall be submitted with the PUD application and other materials required in subsection (e)(3)a.2.
b.
Those sites which contain wetlands and/or floodplains shall be permitted a maximum number of units based on the following formula:
| N = D x C |
| Where: | ||||
| N | = | Maximum number units permitted | ||
| D | = | Allowable density from the yield plan [Subsection (c)(7)a] | ||
| C | = | 1.0+ percent of the site in floodplain and wetland expressed as decimal. | ||
| For purposes of this chapter wetland areas are those lands which meet the definition of a wetland set forth in the Meridian Township Code of Ordinances § 22-116. For purposes of this section floodplain areas are those lands which meet the definition for "intermediate regional floodplain" contained in § 86-436 of the zoning ordinance. |
c.
In the RAAA, RAA, RA, and RB districts, the maximum density as computed by Subsection (c)(7) may be increased no more than 25% of the net allowable density of the buildable land when a planned unit development is designed with unique and extraordinary amenities, such as preservation of woodlots, provisions of lakes, provision of recreational facilities, provision of affordable housing, etc.
[Amended 12-6-2022 by Ord. No. 2022-14]
d.
When more than one zoning district is involved in a PUD application, the density of the project will be based on the average of the zoning districts involved, weighted in direct proportion to the size of the property within the project in each zone.
e.
In certain instances the density permitted in a PUD based on subsections (c)(7)a—d of this section may exceed the maximum density shown on the comprehensive development plan map for the development site. In these instances, the density computed by subsection (c)(7)a and b of this section supercedes the comprehensive development plan map as well as other requirements set forth in this title for compliance with the comprehensive development plan.
(8)
Open spaces. "Common open space" is defined as a parcel or parcels of land or an area of water or a combination of land and water designed and intended for the use or enjoyment of the residents of the PUD or of the general public. Preservation of attractive site features and diversity of features is encouraged. Common open space does not include proposed streets, rights-of-way, open parking areas, and commercial areas. Common open space may include a recreational trail, picnic area, children's play area, greenway, linear park, or golf course. As used in this section, a golf course does not include any structures, appurtenances, or parking areas.
[Amended 2-6-2018 by Ord. No. 2018-02]
a.
Conveyance and maintenance of common open space. All common open space shown on the final development plan and recorded in the office of the county register of deeds must be reserved or dedicated by lease or conveyance of title, including beneficial ownership, to a corporation, association, or other legal entity or by reservation by means of a restrictive covenant. The terms of such lease or other instrument must include provisions guaranteeing:
1.
The continued use of such land for the intended purposes;
2.
Continuity of proper maintenance of those portions of the open space land requiring maintenance. The developer shall file with the county register of deeds and the Township Planning Commission legal documents embodying the aforesaid guarantees ensuring the use of the common open spaces for the designated purposes. If the development is to be subdivided, such aforementioned restrictions shall be recorded at the time of final plat approval.
b.
All common open space proposed for dedication to the Township must be acceptable to it, and may not be so dedicated without approval of the Board of Trustees.
(9)
Circulation facilities. Public streets shall be encouraged. However, private streets may be permitted by approval of the Township Board and the Planning Commission, provided they are designed to allow sufficient access for emergency vehicles (police, fire, ambulance) to the dwelling units they will serve. If private streets are permitted, easements of sufficient width acceptable to the county road commission shall be granted to the Township in order to accommodate possible future dedication. Width of easements and design of private drives shall be subject to the approval of the Township Engineer.
(10)
Utilities. Planned unit developments shall, where feasible, provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for construction of storm sewer facilities including grading, gutters, piping, and treatment of turf to handle stormwaters, prevent erosion and the formation of dust. This could include the establishment of retention basins in order to minimize stormwater runoff. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of Meridian Charter Township.
(11)
Planting. The appeal and character of the site shall be preserved by retaining and protecting existing trees and other site features whenever this is practicable. New landscaping shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.
(d)
Subdivision review. If a subdivision plat is proposed, planned unit developments shall be reviewed in accordance with the procedures detailed in the subdivision regulations of the Township for review of a proposed subdivision with the supplements set forth in this section for planned unit developments.
(e)
Procedures.
(1)
Preapplication conference. Each applicant shall confer with the Department of Community Planning and Development regarding the preparation of the planned unit development application. The general proposal in the form of a conceptualized site plan shall be reviewed by the Director of Community Planning and Development in a preapplication conference prior to submission of the preliminary planned unit development application. The Director of Community Planning and Development shall furnish the applicant with requirements to the componente of the planned unit development application. It is not required that any person requesting a preapplication conference be an owner of or holder of an equitable interest in the subject property.
(2)
Preapplication sketch plan review (optional). A prospective applicant may submit a sketch plan and other required data and information to the Director of Community Planning and Development for review by the Planning Commission after the preapplication conference with staff.
a.
Required data and information.
1.
A minimum of two sketch plans drawn to a readable scale each depicting an alternate layout in conceptual form and including existing features (both natural and constructed) on the site and on surrounding properties that may affect the project's design.
2.
The yield plan used to determine density per subsection (c)(7)a.
3.
The name, mailing address, and telephone of the applicant, proprietor(s) if different than the applicant, and the person and/or firm responsible for the design.
4.
Location of the property by section, town and range, or by other legal description along with a vicinity map showing the general relationship of the proposed project to the surrounding area.
5.
Existing conditions and characteristics of the site and adjacent land, including:
i.
Approximate boundaries of woodlands, wetlands, floodplain, and watercourses.
ii.
The approximate location and intended future use of existing structures on the site.
iii.
Existing land use on surrounding properties.
iv.
Location of existing easements on the site.
v.
For each sketch plan, the proposed approximate layout of streets and buildings within building envelopes or lots.
vi.
For each sketch plan, the proposed approximate location, dimension, and area of all parcels of land proposed to be set aside for open space.
b.
Review procedures.
1.
The Planning Commission shall review sketch plans with property owners, prospective applicants, and/or their representative(s) at a regular and/or work session meeting of the Planning Commission.
2.
The Planning Commission shall offer comments and suggestions concerning the proposed development in the interest of achieving the purposes of the planned unit development ordinance, the goals of the comprehensive development plan, and the general goals of the Township.
3.
The Planning Commission shall take no formal action to approve or deny a sketch plan but may offer suggestions as to which sketch plan best meets the intent and requirements of this section.
4.
Comments and suggestions made during sketch plan review about the proposed development shall not be binding on the Township or the applicant.
(3)
Application submitted to Township Planning Commission. Applications shall be submitted through the Department of Community Planning and Development on a special form for that purpose. Each application shall be accompanied by the payment of a fee, in accordance with the duly adopted schedule of fees, to cover costs of processing the application. No part of any fee shall be refundable.
a.
Required data and information. Every application shall be accompanied by the following information and data:
1.
A map drawn to an engineer's scale, of the total property involved, showing its location in the Township and its relation to adjacent property.
2.
A reproducible two-foot contour topographic map (i.e., sepia, mylar, etc.) drawn at the same scale as the site plan and showing the existing relief features on the site.
3.
A preliminary lot layout (yield plan) developed in conformance with the underlying zoning district, the subdivision regulations (if applicable), and the Township Code of Ordinances to determine the number of residential dwelling units the site will yield.
4.
A site plan of the proposed planned unit development design.
5.
A site analysis, indicating the principal factors which influenced the design decisions regarding the plan. The analysis shall include, but need not be limited to, soil conditions, topography, surrounding land uses, and surrounding pedestrian and vehicular circulation systems.
6.
A schematic layout of the proposed storm sewer system.
7.
A document generally describing the proposed phasing program for the planned unit development of all dwelling units, nondwelling structures, recreational and other facilities, and open space improvements.
8.
A natural features study.
9.
A traffic study where the project will exceed 100 vehicle trips during the peak hours of the adjacent roadway.
10.
Building elevations drawn to scale (in color).
11.
Proof of property ownership or a letter from the property owner authorizing the request submitted with proof of property ownership from the author of the letter.
b.
Local agency review. The developer shall provide the Township with copies of comments from the following reviewing agencies:
1.
Ingham County Road Commission.
2.
Ingham County Drain Commissioner.
3.
The appropriate school board, if applicable.
4.
Michigan Department of Environmental Quality, if applicable.
5.
Michigan Department of Transportation, if applicable.
6.
Township Department of Public Works and Engineering.
7.
Township Fire Department.
8.
Township Park Commission.
(4)
Review for planned unit development permit.
b.
Planning Commission decision. Following the public hearing, and after adequate review and study of an application, the Planning Commission shall make a decision to recommend approval of the request, recommend approval with conditions of the request, or recommend denial of the request, to the Township Board. The Planning Commission shall report its action to the Township Board stating its conclusions and the basis for its conclusions.
c.
Township Board hearing and decision. After receiving a recommendation from the Planning Commission, the Township Board shall conduct a public hearing which shall be preceded by notice as specified in subsection (e)(4)a of this section. After the hearing, the Township Board may render its decision to approve, approve with conditions, or deny the request.
d.
Conditions to remain unaltered. Any condition imposed upon planned unit development shall be part of the record and remain unchanged, unaltered, and not expanded upon except with the mutual consent of the Township and the landowner. The Township shall maintain a record of conditions which are changed.
(5)
Site plan review. Upon approval by the Township Board of the planned unit development, the developer shall submit a complete application to the Department of Community Planning and Development for site plan review, as outlined in the Code of Ordinances. The site plan review process shall be subject to the standards outlined in Chapter 86 of the Code of Ordinances.
(6)
Commencement of construction. No construction shall commence prior to site plan review approval and issuance of all necessary permits. The applicant shall commence construction of approved planned unit development within two years following granting of a final site plan approval or recording of an approved final plat, if such a plat is necessary. Failure to do so will invalidate the approval. The Planning Commission may grant one extension for not more than one year; provided, that a request therefore is received by the Department of Community Planning and Development prior to the expiration of the original two-year approval.
(f)
Summary of procedures. A summary of the steps for consideration of planned unit development permits is as follows:
(1)
Preapplication conference or conferences are held with the Director of Community Planning and Development in order to obtain information and guidance in preparing the application.
(2)
Optional sketch plan review with the Planning Commission at a regular and/or work session meeting.
(3)
Application for planned unit development permit is submitted with site plans and descriptive statement, for preliminary approval. Public hearing is scheduled and held.
(4)
Planning Commission recommends either approval or denial of the planned unit development application to the Township Board.
(5)
A public hearing is scheduled and held at the Township Board. The Township Board either approves or denies the application for planned unit development.
(6)
If necessary, a preliminary plat application should be filed with the Planning Commission, as provided in the Township subdivision regulations. The Township Board certifies if necessary that the preliminary plat is either approved or denied by the Planning Commission and the Township Board.
(7)
Application for site plan review is submitted.
(8)
If necessary, final plat is filed and approved by the Planning Commission and Township Board.
(9)
If within two years after final approval construction does not begin on the planned unit development, the permit shall be deemed to have expired and terminated. A nonrenewable, one-year extension of the planned unit development approval may be granted by the Planning Commission.
(g)
Phasing. The establishment of common open space and construction of public or common recreational facilities shown on the recorded planned unit development plan, together with the construction of other nonresidential structures, shall proceed in accordance with the phasing program as set forth in the planned unit development permit. To ensure compliance with the approved phasing program and to ensure the establishment of common open space and construction of public or common recreational facilities shown on the approved plan, the Planning Commission or the Township Board may require the applicant to file with the Township Clerk a surety bond acceptable to the Township covering up to 25% of the estimated cost of construction and improvements associated with the entire planned unit development, conditioned upon faithful completion of the improvements and construction in accordance with the phasing program. After general construction commences, the Director of Community Planning and Development shall review, at least once every six months, all building permits and compare them to the overall development phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall notify the applicant and the Planning Commission in writing. Thereafter, the Planning Commission may issue such orders to the applicant as will bring the phasing program into proper sequence. Upon continued violation of the phasing program, the Planning Commission may suspend the applicant from further construction of dwelling units or nonresidential structures until compliance is achieved or a new planned unit development permit is obtained. In addition to the foregoing, upon continued violation of the phasing program for longer than 90 days after an order of the Planning Commission, the Township shall be entitled to recover a judgment against the applicant or the surety in the amount of the surety bond.
(h)
Amendments.
(1)
Generally. Any person who has a property interest in the planned unit development may apply for an amendment in writing to the Director of Community Planning and Development. The director shall make a determination as to whether a proposed amendment constitutes a major or minor amendment to the original planned unit development.
(2)
Major amendments. A major amendment shall be evidenced by having a significant impact on the permit and the conditions of its approval, which shall include, but not be limited to:
[Amended 7-12-2022 by Ord. No. 2022-10]
a.
Building additions located outside a building envelope as shown on the approved planned unit development site plan, except decks not to exceed 10% of the square footage of the principal structure.
b.
For approved planned unit developments without building envelopes, any addition that reduces the setback between buildings to a dimension less than the standard imposed in the approved planned unit development site plan.
c.
The addition of land to the planned unit development for the purpose of increasing the number of residential units.
d.
The addition or expansion of a nonresidential use in the planned unit development.
e.
Expansion of a use that anticipates a 10% or greater increase in required off-street parking.
f.
Any addition to a legal nonconforming site.
(3)
Minor amendments. All projects not deemed to be a major amendment by the Director of Community Planning and Development shall be considered a minor amendment.
(4)
Procedure for processing amendments to existing planned unit developments determined to be major amendments by the Director of Community Planning and Development. Major amendments to approved planned unit developments shall follow the same procedure set forth in this section for new planned unit development applications.
(5)
Procedures for processing amendments to existing planned unit developments determined to be minor amendments by the Director of Community Planning and Development. Upon determination that the request is a minor amendment, the Director of Community Planning and Development shall initiate the following review process:
a.
Application. An application for an amendment to a planned unit development shall be submitted to the Director of Community Planning and Development.
b.
Fee. A fee shall be paid at the time of filing the application in the amount established in the schedule of fees adopted by the Township Board.
c.
Public hearing. The application of an amended planned unit development shall be subject to the same notices and hearings and all other procedures required for the initial application as set forth in subsection (e)(4)a above; however, the term "Director of Community Planning and Development" shall be substituted for the term "Planning Commission."
[Ord. No. 2004-08, 10-31-2004; Ord. No. 2005-11, 11-27-2005; Ord. No. 2006-08, 12-31-2006; Ord. No. 2007-12, 10-28-2007; Ord. No. 2008-04, 4-13-2008; Ord. No. 2010-02, 2-28-2010; Ord. No. 2011-08, 7-5-2011; amended 5-15-2018 by Ord. No. 2018-06; 12-7-2021 by Ord. No. 2021-07]
(a)
The purpose of the Mixed Use Planned Unit Development (MUPUD) section is to create more walkable pedestrian-oriented developments by promoting and accommodating developments in rational mixed patterns that respect Meridian Township's transitional land use concept to protect, enhance and preserve natural resources. The second purpose is to encourage rehabilitation of existing structures to include those originally built or partially built before zoning ordinances were adopted, and in such a manner that will maintain traditional urban design to preserve and enhance community resources.
The intent of this section is two-fold.
(1)
Meet Township goals through well-planned, integrated, high-quality mixed use development and redevelopment projects:
a.
Enhance health and safety goals through requirements for walkability, pedestrian orientation and high-quality, durable, building materials.
b.
Increase Township prosperity goals and citizen welfare through appreciated property values which will support necessary public services.
c.
Actualize our cultural heritage through citizen pride in creative, new places to walk to, shop at and work in that retain a flavor of Meridian Township's rich history.
d.
Enhance diversity goals with new types of residential uses in close-knit community design.
e.
Improve our natural environment goal through mixed use redevelopment with incentives for more intensely landscaped buffers and open spaces designed to complement Township parks and green space plans.
(2)
Improve the potential for financially attractive and high-quality mixed use projects in the Township while meeting Township goals of a safe, healthy and sustainable community.
a.
Enhance incentives for investment through the ability to mix residential with nonresidential uses within the same development.
b.
Allow flexibility in setback and parking requirements.
c.
Encourage redevelopment by allowing increases in density in exchange for providing specified community amenities.
d.
Achieve attractive and commercially successful core areas through cooperative development projects with one or more landowners.
(b) AFFORDABLE HOUSING AMENITY AWNING BALCONY CLOSE-KNIT COMMUNITY GREEN ROOF MONUMENT SIGN NONRESIDENTIAL USE ORNAMENTAL PEDESTRIAN-ORIENTED DEVELOPMENT REDEVELOPMENT SIGN PROGRAM WAIVER
Definitions.
Housing in which a household making not more than 80% of the Area Median Income is paying not more than 30% of their gross income for housing costs, including utilities.
Extraordinary project feature that provides usable benefit to both the occupants of the development and to the general public and reflects the scale of the facility, building, or place.
A roof-like cover, often fabric, metal, or glass designed and intended for protection from weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door, or the like.
A platform that projects from the wall of a building and is surrounded by a railing or balustrade, for the private use of tenants.
A style of land development advocating smaller, narrower lots, shallower yards and setbacks, smaller and more intensely used spaces, etc., that is less land consumptive than traditional suburban development.
A flat or slightly sloped roof with a layer of vegetation planted over a waterproofing system that is installed on the top of the roof.
A freestanding sign, in which the entire bottom (base) is in contact with the ground and is independent of any other structure.
A use that does not contain or provide facilities for people to live on the premises.
Something that is either decorative or something that provides aesthetic quality to an object required for another purpose.
Development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than on auto access and parking areas with design bearing a definite relationship to the human dimension. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street. A pedestrian-oriented neighborhood offers variety in housing clustered around well-defined neighborhood centers which support jobs, nonresidential activity, and a range of amenities to sustain lively streets and gathering places. It offers a gradient density from open space to high-intensity nonresidential cores. The layout of pathways, streets and transportation corridors minimizes conflict between walking, biking, and driving.
The process by which an existing developed area is rehabilitated, restored, renovated, expanded and/or reused. Redevelopment may also mean a site that contains an existing building(s) to be removed.
A plan of all signs proposed to be installed in an MUPUD project submitted for approval to create a coordinated project theme of uniform design elements such as color, lettering style, size, and placement consistent with the context of the project and its surroundings and the purpose and intent of this section.
Permission to depart from the requirements or standards of the underlying zoning district in return for the provision of amenities.
(c)
Permitted locations and uses.
(1)
Locations.
a.
MUPUD projects shall be permitted in the C-2, C-3, and CR zoning districts, where public water and sewer are available.
b.
MUPUD projects shall be permitted in the PO and C-1 districts where public water and sewer are available, provided that when adjacent to land zoned and developed in a single-family residential district, the height of buildings in the MUPUD shall be no taller than the abutting residential district would allow.
(2)
Uses.
a.
In the C-1, C-2, C-3, and CR zoning districts, all uses permitted by right and by special use permit in the underlying zoning district or districts where a project includes more than one zoning district, provided that the purpose and intent of this section is incorporated within the total development plan.
b.
In the PO zoning district, all uses in the C-1 and PO zoning district permitted by right and by special use permit are permitted in a PO zoning MUPUD project.
c.
Single- and multiple-family residential uses up to a density of 14 dwelling units per acre when developed in conjunction with the redevelopment of an existing building(s) for a use permitted by right or by special use permit in the underlying zoning district and on the same parcel of land. The density may be increased to 18 dwelling units per acre by offering four additional amenities.
d.
Single- and multiple-family residential uses up to a density of 10 dwelling units per acre when developed in conjunction with the development of an undeveloped site for a use permitted by right or by special use permit in the underlying district and on the same parcel of land.
e.
For an MUPUD project within the Okemos Downtown shown on Map 1, the Haslett Downtown shown on Map 2, and the Meridian Mall property shown on Map 3,[1] the Township Board may, in its sole discretion, approve a higher density per acre of residential dwelling units and/or an increase in the height of a building based upon the proposed MUPUD complying with the following performance criteria:
1.
Architectural design and placement of building(s) on the parcel(s) will be consistent with the architectural standards set forth in the Master Plan and shall include sustainability and environmental considerations, including, but not limited to, energy usage from renewable energy resources or achieving LEED certification for the buildings proposed.
2.
The building height is no more than four stories above the finished grade. A fifth story may be allowed where there is a minimum of a ten-foot setback for such fifth story from the predominant first-floor facade elevation. Overall height from the finished grade to the top of the wall may not exceed 60 feet. Floor-to-ceiling height shall be a minimum of 14 feet for first floor nonresidential uses and a minimum of nine feet for all upper floors, regardless of use.
3.
A parking plan that provides a design for any parking structures that is unified with the main building through the use of similar building materials, color, and architectural style. The parking plan shall provide opportunities for shared parking, accessways, and driveways with adjoining properties or provide additional parking spaces that may be used by the public.
4.
An innovative design that includes a number of different dwelling unit types, sizes, and floor plans available within the MUPUD.
5.
Common areas and/or amenities for residents and the general public, including, but not limited to, gathering spaces, gardens, courtyards, pavilions, pocket parks, swimming pools, exercise rooms, storage rooms, lockers, and covered parking.
6.
The overall project promotes nonmotorized and shared transportation by providing convenient access to the public pedestrian/bicycle pathway system and public transportation systems as outlined in the Master Plan.
7.
The buildings generally provide for nonresidential uses on the ground floor(s), and the development demonstrates a financially viable plan for long-term sustainable nonresidential space usage.
8.
The higher density of any project will not negatively impact the character, aesthetics, safety, or welfare of surrounding businesses and neighborhoods.
9.
Any potential for increased traffic is addressed by the project and solutions are provided.
10.
Where feasible, the project makes an effort to preserve and use existing structures or provides explanations to justify why such preservation and use is not possible.
11.
A minimum of two amenities from Subsection (e)(4)a shall be required for all projects under this subsection.
[1]
Editor's Note: Maps 1 and 2 are included as an attachment to this chapter. Map 3 is on file in the Township offices.
f.
Uses may be mixed vertically and/or horizontally.
(d)
MUPUD projects may be phased, provided each phase incorporates a use permitted in the underlying zoning district and includes one or more amenities, based on the number of waivers required in each phase. Phasing plans shall be evaluated for the proportionality of permitted use(s) to residential use(s). Phasing plans shall be submitted with the original MUPUD application.
(e)
Amenities.
(1)
General guidelines.
a.
Every MUPUD shall incorporate one or more amenities.
b.
Every request for a density bonus shall incorporate four or more amenities in addition to those required by Subsection (e)(1)a.
c.
Waivers from zoning ordinance standards may only be granted by the Township Board in exchange for amenities. For every one waiver requested at least one amenity must be provided.
d.
Amenities shall not be combined or counted more than once or counted toward any other requirement of the ordinance.
e.
To the greatest extent feasible, amenities shall be visible and/or accessible to the public from a fully improved street, and/or a benefit to the general public.
(2)
Amenities acceptable for consideration by the Township shall meet one or more of the following criteria:
a.
Type, value and number of amenities shall be proportionate to the size and/or cost of the project, and the number of waivers requested.
b.
Support of goals expressed in this section, the adopted Township Master Plan, or other applicable adopted plans.
c.
Consistency and compatibility with the intended use of the site.
d.
Continuity of design elements.
e.
Appropriate and harmonious with the surrounding area.
f.
Potential to act as a catalyst for improvements to surrounding sites.
(3)
Timing of project amenities.
a.
One or more amenities must be provided in each project phase if a phased development is proposed.
b.
For single-phase projects, all amenities shall be constructed prior to final certificate of occupancy for any building.
c.
For multi-phase projects, amenities shall be constructed prior to final certificate of occupancy for any building in the phases in which the amenities are approved.
d.
When affordable housing is included as an amenity, as near as possible to an equal amount of affordable housing units shall be provided in each building.
(4)
The following list of possible amenities is weighted to recognize more substantial project features may fulfill the requirement for multiple amenities. Other amenities not listed below may be considered, provided they meet the criteria established in Section 86-440(e)(4) and subject to the sole approval and discretion of the Township Board.
a.
Project features counting as three amenities are those amenities that have the largest potential environmental and/or social impact on the Township as a whole and are generally not found in a non-MUPUD project. At least one amenity from this section shall be required for any MUPUD project that requires four or more total amenities for approval.
1.
Leadership in Energy and Environmental Design (LEED) certification by the United States Green Building Council at the Silver level or higher for the project or individual buildings in the project. Alternative rating systems may be considered.
2.
Multilevel parking decks or underground parking.
3.
A minimum of 20% of the total units within the development identified as affordable housing units.
4.
The overall project includes at least 25% of the total gross floor area of all buildings identified for nonresidential uses, such as retail stores, restaurants, offices, or similar land uses.
5.
Vertical mixing of land uses for the entire project and in each building.
6.
Alternative energy generation systems on-site producing at least 50% of the energy consumed by the development.
7.
Dedicated outdoor gathering space in the form of a central green, plaza, or square which is to function as a focal point for the project and serve as an area where social, civic, or passive activities can take place. This area shall be at least 20% of the total building footprint or 5,000 contiguous square feet (whichever is greater) and designed to serve as a visual and functional civic amenity for sitting, viewing, or other similar outdoor activity.
8.
Public art, either on-site or at an approved off-site location, at 1% of the project cost designed to withstand natural elements and reasonable public contact.
b.
Project features counting as two amenities are those amenities that have an environmental and/or social impact on the Township as a whole, but are more focused on benefits to the development and may or may not be found in a non-MUPUD project.
1.
75% of all building facades are covered with natural materials such as brick or stone.
2.
Interior, individual bicycle lockers or locker banks equal to the amount of bike parking required for the site.
3.
Green roofs incorporated into the building design.
4.
New enhanced public transit stops, when located on or adjacent to property proposed for an MUPUD project. New stops for locations not currently served by the public transit system shall be determined in coordination and with approval from local transit providers. The public transit stop shall include seating, shelter, and other elements approved by a local transit provider.
5.
Electric car charging stations installed on the project site. A minimum of four charging stations shall be required to qualify.
6.
A mix of dwelling unit types (such as one-, two-, or three-bedroom units) with no more than 50% of one type of dwelling unit provided in the development.
7.
Public outdoor seating plazas adjacent to or visible and accessible from the street, including, but not limited to, benches or other outdoor seating not associated with an outdoor café.
8.
Public recreation resources for active recreation or informal spontaneous recreation, such as ball fields, tennis courts, swimming pools, pickleball courts, or other similar activities. Resources shall be open and accessible to the general public.
9.
Ornamental paving treatments for all sidewalks and parking areas on the site, such as pavers, brick, or pervious concrete or asphalt. A maintenance plan shall be required for the use of such paving treatments.
c.
Project features counting as one amenity are those amenities that generally benefit only the development and may be found in a non-MUPUD project. Only one amenity from this section shall be counted toward the total number of required amenities for an MUPUD.
1.
Green space exceeding the underlying permeable surface regulation by at least 10%.
2.
Dedicated parking for e-scooters or other alternative mobility options, separate from bicycle parking areas.
3.
Installation of waterless urinals or other low-flow plumbing fixtures throughout the project.
4.
Wireless access points available to the general public.
5.
Sidewalk planters intermittently placed along all public streets and internal private streets and drives at a spacing of 25 feet.
6.
Decorative lighting along all public streets and internal private streets, drives, and in all parking lots.
7.
Grey water recycling systems.
8.
Privately maintained courtyards, plazas, project parks, and rooftop gardens and similar features with seating for the public.
9.
Enhancement of an existing public transit stop, when located on or adjacent to the property proposed for an MUPUD. The public transit stop shall include seating, shelter, and other elements approved by a local transit provider.
(f)
Design standards.
(1)
General restrictions.
a.
Except as noted elsewhere in this section, the yard, setback, lot size, type and size of dwelling unit, frontage requirements, and impervious surface regulations and restrictions are generally waived for the MUPUD, provided that the spirit and intent of this section, as defined in Subsection 86-440(a) above, are incorporated with the total development plan. The Planning Commission may recommend, and the Township Board shall establish, all requirements by means of the approval of the planned unit development.
b.
Maximum height in an MUPUD shall be no higher than 45 feet, except for those MUPUD projects within the Okemos Downtown as shown on Map 1, the Haslett Downtown shown on Map 2, and the Meridian Mall property, shown on Map 3[2] as outlined in Subsection (c)(2)e previously. Exceptions provided in Section 86-591 shall continue to apply.
[2]
Editor's Note: Maps 1 and 2 are included as an attachment to this chapter. Map 3 is on file in the Township offices.
c.
Except as stated above, all requirements regarding floodways, floodplains and wetlands in the conservancy district shall apply to the MUPUD.
d.
Metal and portable buildings shall be prohibited.
(2)
Structure.
a.
Building materials shall include, but are not limited to, wood, brick, clapboards, beadboard, glass, and stone. Other materials, such as vinyl, aluminum, and other metal sidings should be avoided. All buildings shall be completed on all sides with acceptable finishing materials. Any element not specifically mentioned in this section shall otherwise conform to other provisions of the Code of Ordinances.
b.
Diversity and variety in architectural design is encouraged.
1.
Architectural design shall be consistent with pedestrian-oriented development.
2.
Property owners shall be encouraged to design and construct their building facades so that improvements relate to and are sensitive to nearby historical features, blend with the facades of adjacent buildings and complement streetscape improvements in the area.
3.
Buildings greater than 50 feet in width shall be divided into increments of no more than 50 feet through articulation of the facade.
4.
Windows shall cover no less than 50% of nonresidential street level facades, and awnings shall be provided over all street level windows.
5.
All mechanical, heating, ventilation, and air conditioning (HVAC) and like systems shall be screened from street level view on all sides by an opaque structure or landscape material selected to complement the building.
6.
Railings, benches, trash receptacles and/or bicycle racks, if provided, shall be of commercial quality, and complement the building design and style, subject to the approval of the Director of Community Planning and Development.
7.
Upper floor balconies are required adjacent to any street for any residential unit.
(3)
Parking.
a.
Setbacks for parking areas from the public street, adjoining properties, and when adjacent to residentially zoned properties shall be established during the review process. Consideration should be given to preservation of existing residential neighborhoods and heritage trees.
b.
The number of required off-street parking spaces shall comply with Section 86-755 of the Code of Ordinances, which outlines the schedule of requirements for parking spaces. The Township Board may reduce the number of off-street parking spaces required for a development. In doing so, the Township Board shall establish a reasonable number of required off-street parking spaces based on the characteristics associated with the property and availability of other sources of parking or the provision of amenities in lieu of parking.
c.
Parking lots shall only be permitted in a side or rear yard. In no case shall a parking lot extend beyond the front façade of a building.
(4)
Landscaping shall generally comply with the applicable provisions of the Code of Ordinances.
a.
Project landscaping shall be designed to preserve existing significant natural features and to buffer service areas, parking, or dumpsters. Additional landscaping may be required in order to protect adjacent properties.
b.
A mix of evergreen and deciduous plants and trees are preferred with seasonal accent plantings to add to the visual appeal of the area.
c.
Native plant species are encouraged.
(5)
All outdoor lighting associated with nonresidential and multiple-family residential projects in an MUPUD project area shall conform to Article VII in Chapter 38 of the Code of Ordinances and is subject to the approval of the Director of Community Planning and Development. Streetlighting intended to provide illumination for pedestrians on the sidewalk shall not exceed 15 feet in height.
(6)
Each applicant shall submit a sign program illustrating each proposed sign type, its size and location as part of the MUPUD project's application materials. The Director of Community Planning and Development may be authorized to approve the entire sign program, or any part of the sign program, as part of the site plan review process.
a.
General guidelines.
1.
Signs shall be designed to enhance the pedestrian experience, reflect and complement the character of the building, and respect the overall character of the area in an attractive and functional manner.
2.
Signs shall not cover or obscure architectural features of buildings.
3.
Signs shall be properly maintained.
4.
Signs or sign faces shall not be changed or installed without a new building permit and in accordance with an approved sign program.
b.
The following sign types are permitted in an MUPUD project. Except as indicated below, the number and size of signs shall be approved as part of the project's application for the MUPUD project approval.
1.
Wall signs, defined as a sign mounted flat against, or painted on, the wall of a building (not in a window) with the exposed face of the sign in the plane parallel to the face of the wall.
i.
One wall sign for each business with direct access to a public street shall be permitted. The size of the sign is based on the underlying zoning district in which the MUPUD project is located.
ii.
One additional wall sign, no larger than two square feet, shall be permitted for each tenant with direct access to a public street and shall be located on the wall surface adjacent to a tenant's main entry. Restaurants may add an additional two square feet to this sign.
iii.
Multi-tenant buildings with a shared entrance shall be permitted six square feet of wall signage, to be located adjacent to the shared entrance.
2.
Up to 30% of the area of an awning or canopy may be used for signage, separate from the wall sign. Such signs shall not be internally lit.
3.
One projecting sign per business with direct access to a public street shall be permitted, up to a maximum size of six square feet. The lowest edge of a projecting sign shall be no lower than eight feet above the sidewalk elevation.
4.
No more than 40% of a window's area shall be used for signage. Up to 10% of that area may consist of completely opaque signs. Etched glass and similar artistic designs shall not be considered opaque.
5.
Freestanding signs are generally not permitted in an MUPUD project. Exceptions for freestanding signs of the monument type may be permitted when a building is set back a minimum of 15 feet from the right-of-way line with the resulting yard set aside for permanent public open space. In such case, the size, location and design of the sign shall be reviewed and approved as part of the overall sign program.
(7)
Sidewalks shall be a minimum of five feet in width, except in two specific scenarios:
a.
When the sidewalk(s) is immediately adjacent to an outdoor seating cafe, the sidewalk shall be a minimum of seven feet in width to provide additional maneuverability; and
b.
When the sidewalk(s) is immediately adjacent to an off-street parking area, where vehicles may overhang on the sidewalk, the sidewalk shall be a minimum of seven feet in width to provide additional maneuverability.
(8)
Where a site submitted for mixed use PUD approval is located on a route of the Township's pedestrian/bicycle pathway master plan, construction or reconstruction of the route shall conform to Township standards for pedestrian/bicycle pathways.
(g)
Procedure.
(1)
Each applicant shall meet with the Director of Community Planning and Development regarding the preparation of the MUPUD application prior to submittal. It is not required that any person requesting such a meeting be an owner of or holder of an equitable interest in the subject property.
(2)
An applicant is urged to meet with owners and occupants of surrounding properties to apprise them of a proposed development, share the physical design, receive comments, and revise the proposal accordingly prior to submitting an official application. The Township will assist by providing property owner and occupant contact information and attend meetings as deemed necessary.
(3)
A property owner, prospective applicant or their representative may submit an optional concept plan for review and comment by the Planning Commission and/or Township Board.
b.
Submittal requirements.
1.
A written request to initiate a concept plan review submitted to the Director of Community Planning and Development.
2.
A written summary of the project (amount and type of uses, basis for the design concept).
3.
A concept plan drawn to scale containing the following information:
i.
Boundaries and acreage of the site.
ii.
Zoning.
iii.
Adjacent road network.
iv.
General layout of buildings, interior access roads and unique design elements.
v.
General location of known features affecting the site layout such as, but not limited to, floodplain, wetlands, woodlands, railroads, drains, rivers or rivers and streams, parkland, etc.
4.
A list of the amenities proposed for the project, along with descriptions and locations of each.
c.
Review procedure.
1.
Upon receipt of a written request and other required data and information, the Director of Community Planning and Development shall review the concept plan.
2.
Within 30 days of the date of receiving a complete request, the Director shall forward to the Planning Commission and/or Township Board the concept plan and accompanying data along with any written comments from the Director. The Planning Commission and/or Township Board shall concurrently review the concept plan and may offer comments or suggestions on the design. Comments or suggestions made during the review of the concept plan shall not be binding on the Township or the applicant.
(4)
Required data and information for an MUPUD.
a.
A complete application accompanied by the appropriate fee.
b.
A site plan drawn to an engineer's scale of the total property involved, showing its location in the Township and its relation to adjacent property.
c.
A schematic layout of the proposed storm sewer system.
d.
A document generally describing the proposed phasing program for the MUPUD, including all dwelling units, nonresidential units, recreation and other facilities, and open space improvements.
e.
A two-foot contour topographic map drawn at the same scale as the site plan and showing the existing relief features on the site.
f.
A sign program.
g.
Natural features study for previously undeveloped properties. The natural features study shall include a written description of the features to be retained, removed, or modified, and the proposed measures to mitigate any negative impacts on the site and adjacent properties. Natural features to be addressed include, but are not limited to, wetlands, significant stands of trees or individual trees greater than 12 inches dbh, floodways, floodplains, water features, identified groundwater vulnerable areas, slopes greater than 20%, ravines, and wildlife habitats and vegetative cover types with potential to sustain significant or endangered wildlife.
h.
Traffic study where the project will exceed 250 vehicle trips during the peak hour of the adjacent roadway.
i.
Building elevations drawn to scale and in color.
j.
The developer shall provide the Township with copies of any comments from other reviewing agencies, such as:
1.
The Ingham County Road Department.
2.
The Ingham County Drain Commissioner.
3.
Michigan Department of Transportation (if applicable).
4.
Michigan Department of Environment, Great Lakes, and Energy (if applicable).
5.
Township Environmental Commission (if applicable).
6.
Township Engineering Department.
7.
Township Fire Department.
k.
The developer shall provide proof of property ownership, or a letter from the owner authorizing the request and proof of property ownership from the author of the letter.
l.
A list of the amenities proposed for the project, along with descriptions and locations of each.
m.
A list of waivers requested for the project, along with descriptions, dimensions, and locations of each, as well as justification or reasons why each waiver is being requested.
(5)
Upon submittal of a complete application, the Planning Commission shall hold a public hearing. Notices for public hearings shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
(6)
Following the public hearing, the Planning Commission will make a decision on whether to recommend approval of the request, recommend approval with conditions of the request, or recommend denial of the request, to the Township Board. The Planning Commission shall make such a recommendation to the Township Board, within 30 days of the date the planned unit development was placed on the Commission's agenda. The thirty-day period may be extended if the applicant consents.
(7)
After receiving a recommendation from the Planning Commission, the Township Board shall conduct a public hearing which shall be preceded by notice as specified in Subsection 86-65(b) of the Code of Ordinances. Following the public hearing, the Township Board shall make a determination to approve, modify, or deny the request. The Township Board shall make such a determination within 30 days of the date the planned unit development was placed on the Board's agenda. The thirty-day period may be extended if the applicant consents.
The Township Board may place conditions on the development in order to guarantee consistency with the purpose and intent of the MUPUD ordinance, which includes, but is not limited to, providing walkable, pedestrian-friendly communities and ensuring compatibility with surrounding residential neighborhoods on adjacent sites. Conditions may include, but are not limited to, the following subjects:
a.
Hours of operation.
b.
Total square footage allotted/required for the nonresidential uses.
c.
Location, design, and orientation of specific nonresidential uses which may locate within the development and their placement in relationship to neighboring uses.
d.
Proportion of the development which may be occupied by individual nonresidential uses or by all nonresidential uses.
e.
Maximum noise levels emitted.
f.
Lighting levels, direction, and timing.
g.
Sufficiency of parking.
h.
Enhancement of walkability within the development and connectivity to surrounding uses.
i.
Landscaping and screening.
(8)
The MUPUD review and approval shall serve as the special use permit review and approval for any use, requirement, or other activity requiring special use permit approval in the underlying zoning district, including a special use permit required under Section 86-658 of the Code of Ordinances, provided the use or other activity requiring special use permit approval is identified before the Township Board approves the Mixed Use Planned Unit Development.
(9)
Upon approval by the Township Board of the MUPUD, the developer shall submit a complete application to the Department of Community Planning and Development for site plan review, as outlined in the Code of Ordinances. The site plan review process shall be subject to the standards outlined in Chapter 86 of the Code of Ordinances.
(10)
Any condition imposed upon an MUPUD shall be part of the record and remain unchanged, unaltered, and not expanded upon, except with the mutual consent of the Township and the landowner. The Township and developer shall enter into a formal, written MUPUD agreement outlining the project, waivers approved, amenities, conditions of approval, and any other relevant items related to the project.
(h)
Effect of issuance.
(1)
The effective date of an approved MUPUD shall be the date of the Township Board decision.
(2)
If construction related to the MUPUD has not commenced within two years after the effective date, approval shall be void, except a one-year extension may be considered if a written request is submitted to the Department of Community Planning and Development prior to the expiration date and subsequently approved by the Township Board.
(3)
Once a phase in a multi-phased MUPUD is under construction, the next phase must commence construction within one year of the certificate of occupancy being issued for the first building in the previous phase. The Township Board may grant a one-year extension for commencement of construction on any future phase if a written request is submitted to the Department of Community Planning and Development prior to one year elapsing from the certificate of occupancy on the previous phase.
(i)
Amendments.
(1)
The property owner may apply for an amendment in writing to the Director of Community Planning and Development. The Director shall make a determination as to whether a proposed amendment constitutes a major or minor amendment to the original planned unit development.
(2)
A major amendment shall have a significant impact on the MUPUD and the conditions of its approval, which shall include, but not be limited to:
a.
Building additions located outside a building envelope as shown on the approved MUPUD site plan.
b.
Building additions in excess of 2,000 square feet in gross floor area.
c.
Addition of land to the mixed use PUD.
d.
Expansion of a use that increases the required off-street parking.
e.
Any addition of 50 or more residential dwelling units to the MUPUD project.
f.
Any reduction in nonresidential space in a building(s) by 25% or more of the usable floor area.
(3)
All amendments not deemed to be major amendments by the Director of Community Planning and Development shall be considered a minor amendment.
(4)
Process to amend an MUPUD.
a.
Major amendments shall follow the same procedure set forth in this section for new applications, including, but not limited to, submitting an application and fee, but review and a decision on the amendment shall be limited only to the Township Board.
b.
The Director of Community Planning and Development shall initiate the following review process for minor amendments:
1.
An application for an amendment to an MUPUD shall be submitted to the Director of Community Planning and Development.
2.
A fee shall be paid at the time of filing the application in the amount established in the schedule of fees adopted by the Township Board.
3.
Upon submittal of a complete application, the Director of Community Planning and Development shall hold a public hearing. Notice of said public hearing shall comply with the provisions outlined in Subsection 86-65 of the Code of Ordinances.
4.
Following the public hearing and after adequate review and study of the application, the Director of Community Planning and Development shall make a decision to approve, approve with conditions, or deny the minor amendment request within 60 days of the public hearing date. The sixty-day period may be extended if the applicant consents.
5.
Upon approval of a minor amendment by the Director of Community Planning and Development, the applicant shall submit a complete site plan review application to the Department of Community Planning and Development, as outlined in Chapter 86 of the Code of Ordinances.
6.
Any condition imposed upon a minor amendment to an MUPUD by the Director of Community Planning and Development shall remain unchanged, unaltered, and not expanded upon, unless the change is reviewed and authorized by the Director of Community Planning and Development.
c.
All amendments and/or new or changed conditions of approval shall be formalized in a written amendment to the MUPUD agreement between the Township and the developer.
d.
An aggrieved person may appeal the decision of the Director of Community Planning and Development to the Township Board in accordance with Section 86-188.
(j)
The provisions of this section shall be enforced in the manner provided elsewhere in this Code of Ordinances. Any development that is not otherwise in conformance with these regulations shall not be approved.
[Ord. No. 2004-06, 9-5-2004]
(a)
Findings. A primary function of Grand River Avenue (M-43) is to move traffic through Meridian Township and to points beyond. As the primary arterial road for Meridian Township and many of the communities along the corridor, a high percentage of the traffic has an origin and or destination in the local communities. Thus, Grand River Avenue (M-43) also has a secondary, but important, function to provide access to adjacent and nearby land uses.
Continued development along the Grand River Avenue M-43 corridor will increase traffic volumes and introduce additional conflict points which will further erode traffic operations and increase potential for crashes. Numerous published studies and reports document the relationship between systems and traffic operations and safety. Those reports and experiences of other communities demonstrate standards on the number and placement of access points (driveways and side street intersections) that can preserve the capacity of the roadway and reduce the potential for crashes. The standards herein are based on recommendations published by various national and Michigan agencies that were refined during preparation of the M-43/52 Corridor Access Management Plan, dated July 2003.
The Charter Township of Meridian finds that special comprehensive zoning standards are needed along the Grand River Avenue (M-43) corridor based upon the following findings:
(1)
The combination of roadway design, traffic speeds, current and projected traffic volumes, traffic crashes and other characteristics necessitate special access standards.
(2)
Studies by transportation organizations in Michigan and nationally have found a direct correlation between the number of access points and the number of crashes.
(3)
The standards are based upon considerable research and recommendations contained within the Michigan Department of Transportation (MDOT) Access Management Handbook.
(4)
Preservation of roadway capacity through access management protects the substantial public investment in the roadway system and helps avoid the need for costly reconstruction, which disrupts businesses.
(b)
Purpose. The Michigan Department of Transportation (MDOT) has jurisdiction within the highway's right-of-way, while the Charter Township of Meridian has authority for land use and site plan decisions within individual lots or parcels along the highway. The access management standards were created to help ensure a collaborative process between the MDOT and the Charter Township of Meridian on access decisions along Grand River Avenue (M-43) to implement the recommendations of the "M-43/52 Corridor Access Management Plan" dated July 2003 and other adopted Charter Township of Meridian plans.
Among the specific purposes of this corridor access management overlay district are to:
(1)
Preserve the capacity of Grand River Avenue (M-43) by limiting and controlling the number, location and design of access points and requiring alternate means of access through shared driveways, service drives, and access off cross streets in certain locations.
(2)
Encourage efficient flow of traffic by minimizing the disruption and conflicts between through traffic and turning movements.
(3)
Improve safety and reduce the potential for crashes.
(4)
Avoid the proliferation of unnecessary curb cuts and driveways, and eliminate or reconfigure existing access points that do not conform to the standards herein, when the opportunities arise.
(5)
Implement the recommendations of the M-43/52 Corridor Access Management Plan, dated July 2003.
(6)
Require longer frontages or wider minimum lot widths than required in other zoning districts to help achieve access management spacing standards.
(7)
Require coordinated access among adjacent lands where possible.
(8)
Require demonstration that resultant lots or parcels are accessible through compliance with the access standards herein prior to approval of any land divisions to ensure safe accessibility as required by the Land Division Act.
(9)
Address situations where existing development within the corridor area does not conform to the standards of this overlay district.
(10)
Identify additional submittal information and review procedures required for lots or parcels that front along Grand River Avenue (M-43).
(11)
Avoid the need for unnecessary and costly reconstruction, which disrupts business operations and traffic flow.
(12)
Ensure efficient access by emergency and public transportation vehicles.
(13)
Improve safety for pedestrians and other nonmotorized travelers through reducing the number of conflict points at access crossings.
(14)
Establish uniform standards to ensure fair and equal application.
(15)
Provide landowners with reasonable access, though the access may be restricted to a shared driveway or service drive or via a side street, or the number and location of access may not be the arrangement most desired by the landowner or applicant.
(16)
Promote a more coordinated development review process for the Charter Township of Meridian with the Michigan Department of Transportation (MDOT) and the Ingham County Road Commission (ICRC).
(c)
Applicability. The standards of this section shall apply to all lots and parcels with frontage along Grand River Avenue (M-43) and along intersecting roads within 350 feet of the Grand River Avenue (M-43) right-of-way (see Figure 86-441.1). The standards herein apply in addition to, and simultaneously with, the other applicable regulations of the zoning ordinance. Permitted and special land uses on these lands shall be as regulated in the applicable zoning district (as designated on the Zoning Map), and shall meet the following additional provisions:
 Figure 86-441.1 |
(1)
The number of access points is the fewest needed to allow motorists reasonable access to the site.
(2)
Access spacing from intersections and other driveways shall meet the Grand River Avenue (M-43) access management standards and MDOT's guidelines.
(3)
Provision has been made to share access with adjacent uses, either now or in the future, including any necessary written shared access and maintenance agreements to be recorded with the county specifying that the Charter Township of Meridian approval is required for any change to the easement.
(4)
No building or structure, nor the enlargement of any building or structure, shall be erected unless the Grand River Avenue (M-43) access management regulations are met and maintained in connection with such building, structure, or enlargement.
(5)
All subdivisions and condominium projects shall comply with the access spacing standards as herein demonstrated. Compliance with this section shall be required to demonstrate that a lot is accessible as required under the Land Division Act (Act 288 of 1967, as amended).
(6)
Any change in use that requires a site plan review per § 86-151, the applicant shall identify the extent of compliance with the standards herein and shall submit information to the MDOT to determine if a new access permit is required.
(7)
For building or parking lot expansions, or changes in use or property, the Director of Community Planning and Development shall determine the extent of upgrades to bring the site into greater compliance with the access standards. In making a decision, the Director of Community Planning and Development shall consider the existing and projected traffic conditions, any sight distance limitations, site topography or natural features, impacts on internal site circulation, and any recommendations from the MDOT. Required improvements may include removal or rearrangement or redesign of site access points.
(8)
The standards herein were developed collaboratively between the Charter Township of Meridian, MDOT and Ingham County Road Commission. Where conflict occurs, the more restrictive standards shall apply.
(d)
Additional submittal information. In addition to the submittal information required for a special use permit in § 86-124 and site plan review in § 86-15(4), the following information shall be provided with any application for site plan review or special use permit. The information listed in items (1)—(4) below shall also be required with any request for a land division, subdivision plat or site condominium.
(1)
Existing access points. Existing access points within 500 feet on both sides of the Grand River Avenue (M-43) frontage, and along both sides of any adjoining roads, shall be shown on the site plan, aerial photographs, plat or survey.
(2)
The applicant shall submit evidence indicating that the applicable Charter Township of Meridian's, ICRC or MDOT sight distance requirements are met.
(3)
Dimensions between proposed and existing access points shall be shown on the site plan.
(4)
Where shared access is proposed or required, a shared access and maintenance agreement shall be submitted for approval by the Charter Township of Meridian. Once approved, this agreement shall be recorded with the Ingham County Register of Deeds.
(5)
Dimensions shall be provided for driveways (width, radii, throat length, length of any deceleration lanes or tapers, pavement markings and signs) and all curb radii within the site.
(6)
The site plan shall illustrate the route and layout of turning movements, with dimensions of any expected emergency vehicles, truck traffic, tankers, delivery vehicles, waste receptacle vehicles and similar vehicles. The plan should confirm that routing the vehicles will not disrupt operations at the access points nor impede maneuvering or parking within the site.
(7)
A traffic assessment or a traffic impact study may be required as specified in Section 86-130.
[Amended 8-4-2022 by Ord. No. 2022-08]
(8)
Review coordination. The applicant shall provide copies of any conceptual or preliminary plans to the Charter Township of Meridian so copies can be sent to the MDOT or ICRC, as applicable, and other necessary review agencies for their information and comment. Any correspondence from the MDOT on the general access design and geometries shall be considered during the special use permit and site plan review processes. The Charter Township of Meridian may request attendance at coordination meetings with representatives of the MDOT or ICRC. Once a final site plan has been approved by the Charter Township of Meridian, the applicant shall request an access permit from MDOT or the ICRC. The approval of a land division or site plan does not negate the responsibility of an applicant to subsequently secure access permits from the MDOT or ICRC.
(e)
Access management standards. Access points (not including driveways that serve an essential public service or utility substation) shall meet the following standards. The spacing standards specified below shall be required to be measured from all other roads and driveways with the exception of single-family residential driveways. If there is a change in use from residential to a nonresidential use, the Director of Community Planning and Development shall require existing access to be brought into conformance with the requirements of this section. These standards are based on considerable research in Michigan and nationally, and were prepared concurrent with guidelines promoted by the MDOT in their Access Management Guidebook.
(1)
All subdivisions or condominium projects shall provide individual lot access from roads internal to the development and no lot shall have direct driveway access to Grand River Avenue (M-43).
(2)
Each lot or parcel shall be permitted one access point. This access point may consist of a shared access with an adjacent use or access via a service drive, or frontage road. An individual driveway may be permitted where the standards of this section are met, provided such driveway is located to facilitate shared access by adjacent lots.
(3)
The access point location shall be in accordance with the standards of this section and shall provide the opportunity for shared access with adjoining lots. Each lot or parcel developed under this section shall be required to grant shared access easements to adjoining lots or parcels to allow for future shared access. Where a proposed parking lot is located adjacent to the parking lot of a similar use, there shall be a vehicular connection where feasible, as determined by the Director of Community Planning and Development.
(4)
In order to comply with the accessibility requirements of the Land Division Act (PA 288 of 1967, as amended), land divisions shall not be permitted that may prevent compliance with the access location standards of this section.
(5)
An additional driveway may be permitted by the Director of Community Planning and Development pursuant to the requirements of § 86-756(11). The additional driveway may be required to be along a side street or a shared access with an adjacent site.
(6)
Access points shall provide the spacing from other access points along the same side of the public street (measured from centerline to centerline as shown on the figure) shown in Table 86-441.1, based on the posted speed limit along the public street segment. Required spacing along Grand River Avenue (M-43) is greater than other roadways to acknowledge MDOT access guidelines and that their primary function is to accommodate through traffic while the function of other roads is more balanced with access to properties.
| Table 86-441.1 MINIMUM DRIVEWAY SPACING SAME SIDE OF ROAD | ||
|---|---|---|
| Driveway Spacing (in feet) | ||
| Posted Speed (mph) | Grand River Avenue (M-43) | Other Roads |
| 25 | 130 | Refer to current Ingham County Road Commission Standards |
| 30 | 185 | |
| 35 | 245 | |
| 40 | 300 | |
| 45 | 350 | |
| 50+ | 455 | |
| NOTES: |
|---|
| Unless greater spacing is required by MDOT, ICRC, or required to meet other standards herein. |
(7)
Where the subject site adjoins land that may be developed or redeveloped in the future, including adjacent lands or potential outlots, the access shall be located to ensure the adjacent site(s) can also meet the access location standards in the future.
(8)
Access points shall be aligned with driveways on the opposite side of the street or offset the distance indicated in Table 86-441.2, measured centerline to centerline as shown in Figure 86-441.2. The Director of Community Planning and Development may reduce this to not less than 150 feet where the offsets are aligned to not create left-turn conflicts as shown in Figure 86-441.3.
| Table 86-441.2 MINIMUM OPPOSING DRIVEWAY OFFSET | |
|---|---|
| Posted Speed (mph) | Driveway Spacing (feet) |
| 25 | 255 |
| 30 | 325 |
| 35 | 425 |
| 40 | 525 |
| 45 | 630 |
| 50+ | 750 |
 Figure 86-441.2 |
 Figure 86-441.3 |
(9)
Minimum spacing of access points from intersections shall be in accordance with the Figure 86-441.4 and Table 86-441.3 (measured from pavement edge to pavement edge as shown on the adjacent figure):
 Figure 86-441.4 |
| Table 86-441.3 MINIMUM DRIVEWAY SPACING FROM INTERSECTION* | |||
|---|---|---|---|
| Location of Access Point | Type of Intersecting Road | Minimum Spacing for a Full Movement Driveway** (feet) | Minimum Spacing for a Driveway Restricting Left Turns (feet) |
| Along Grand River (M-43) | Another arterial | 300 | 125 |
| Collector or local | 200 | 125 | |
| Along a county road | Grand River Avenue (M-43) | Refer to current Ingham County Road Commission Standards | |
| NOTES: | |
|---|---|
| * | Unless greater spacing is required by MDOT, ICRC, or required to meet other standards herein. |
| ** | Greater spacing may be required based upon the posted speed of the road and the spacing distances required by Table 86-441.1. |
(10)
Where direct access consistent with the various standards above cannot be achieved, access shall be via a shared driveway or service drive or side street as shown in Figure 86-441.5.
 Figure 86-441.5 |
(11)
Where a new public or private road is proposed along Grand River Avenue (M-43), the road shall be aligned and designed to facilitate shared access with adjacent parcels. Where a private road is proposed running parallel along the side lot line of a parcel, access easements shall be granted to allow the adjoining lot to have driveway access to the private road. The Director of Community Planning and Development may require the construction of stub roads to allow future access to adjoining lots to facilitate future shared access and lateral cross access.
(12)
Shared commercial driveways, frontage roads or rear service drives connecting two or more lots or uses shall be required in instances where the Director of Community Planning and Development determines that reducing the number of access points will have a beneficial impact on traffic operations and safety. In particular, service drives shall be required where recommended in the M-43/52 Corridor Plan or other sub-area master plans; near existing traffic signals or near locations having potential for future signalization; where service drives may minimize the number of driveways; and along segments with a relatively high number of accidents or limited sight distance. Frontage roads or service drives shall be constructed in accordance with the following standards:
a.
Service drives shall generally be parallel or perpendicular to the front property line and may be located either in front of, adjacent to, or behind, principal buildings. In considering the most appropriate alignment for a service drive, the Director of Community Planning and Development shall consider the setbacks of existing buildings and anticipated traffic flow for the site and the M-43/52 Corridor Plan.
b.
The service drive shall be within an access easement permitting traffic circulation between properties. This easement shall be approved by the Charter Township of Meridian and recorded with the Ingham County Register of Deeds. The required width shall remain free and clear of obstructions, unless otherwise approved by the Director of Community Planning and Development. Each property owner shall be responsible for maintenance of the easement and service drive.
c.
Service drives and frontage roads shall be set back as far as reasonably possible from the intersection of the access driveway with the public street. As shown in Figure 86-441.6, a minimum of 20 feet shall be maintained between the public street right-of-way and the pavement of the frontage road, with a minimum 60 feet of throat depth provided at the access point, measured between the public street right-of-way and the pavement of the parallel section of the frontage road.
 Figure 86-441.6 |
d.
Service drives shall have a minimum pavement width of 20 feet, depending upon the size and density of the uses it will serve. They shall be constructed of a base, pavement and curb with gutter that is in accordance with public street standards. The Director of Community Planning and Development may modify these standards based upon site conditions, anticipated traffic volumes and types of truck traffic.
e.
The service drive is intended to be used exclusively for circulation. The Director of Community Planning and Development may require the posting of "no parking" signs along the service drive. One-way service drives or two-way service drives constructed with additional width for parallel parking may be allowed on the side of the road closest to the building if it can be demonstrated through site plan review or, where required, a traffic impact study that parking along the service drive will not significantly affect the capacity, safety or operation of the service drive.
f.
The site plan shall indicate the proposed elevation of the service drive at the property line and Charter Township of Meridian shall maintain a record of all service drive elevations so that their grades can be coordinated.
g.
The alignment of the service drive can be refined to meet the needs of the site and anticipated traffic conditions, provided the resulting terminus allows the drive to be extended through the adjacent site(s). This may require use of aerial photographs, property line maps, topographic information and other supporting documentation.
h.
In cases where a shared access facility is recommended, but is not yet available, temporary direct access may be permitted, provided the plan is designed to accommodate the future service drive, and a written agreement is submitted that the temporary access will be removed by the applicant, when the alternative access system becomes available. This may require posting of a financial performance guarantee.
i.
With the redevelopment of existing sites where it is not possible to develop separate service drives, the Director of Community Planning and Development may instead require a drive connecting parking lots.
(13)
Driveways shall be located to provide safe sight distance, as determined by the applicable road agency.
(14)
No driveway shall interfere with municipal facilities such as street lights or traffic signal poles, signs, fire hydrants, cross walks, bus loading zones, utility poles, fire alarm supports, drainage structures, or other necessary street structures. The cost of relocating municipal facilities to accommodate a driveway, if approved by the Director of Public Works and Engineering, shall be at the expense of the abutting property owner.
(f)
Nonmotorized pathways.
(1)
The Director of Community Planning and Development shall require the construction of a nonmotorized pathway along the Grand River Avenue (M-43) frontage of the site. Where a phased development or subdivision is proposed, the pathway along the Grand River Avenue M-43 frontage shall be installed with the initial overall site improvements.
(2)
All nonmotorized pathways shall be constructed in accordance with the specifications of Charter Township of Meridian and the MDOT.
(3)
Site plan design shall incorporate pedestrian connections between any nonmotorized pathway along the site frontage and the entrance to the building, with safe delineation of pedestrian and vehicular circulation areas.
(g)
Application to existing sites and modification of standards.
(1)
Modifications by Director of Community Planning and Development. Given the variation in existing physical conditions along the corridor, modifications to the spacing and other standards above may be permitted by the Director of Community Planning and Development as part of the site plan review process upon a finding that the following conditions apply:
a.
Practical difficulties exist on the site that make compliance unreasonable, including but not limited to sight distance limitations, topography, wetlands, drain or water body, woodlands that will be preserved, existing development, existing nonconforming width, unique site configuration or shape, or existing off-site access points make it impractical to fully comply with the standards.
b.
The use involves an access improvement to an existing site or a new use that will not generate any more traffic than the previous use or there is only one access point that is not being changed.
c.
The proposed modification is consistent with the general intent of the preceding standards, the recommendations of the M-43/52 corridor access management plan, dated July 2003, MDOT guidelines, and both Charter Township of Meridian and MDOT staff support the proposed access design.
d.
If deemed necessary by the Director of Community Planning and Development, a traffic study, prepared in accordance with § 86-441(d)(7) has been provided that certifies the modification will improve traffic operations and safety along Grand River Avenue (M-43), and is not simply for convenience of the development. Roadway or intersection control or driveway design change improvements will be made to improve overall traffic operations prior to the project completion or occupancy of the first building.
e.
Indirect or shared access has been provided to the extent practical.
(2)
The Director of Community Planning and Development may require that the access provided under this section be a temporary driveway that is issued for a set period of time or until an adjacent site develops allowing for shared access in accordance with this section. The Director of Community Planning and Development may require that a performance guarantee or other legally binding means approved by Charter Township of Meridian be provided to ensure the removal of the driveway upon expiration of the temporary driveway permit.
(3)
The decision by the Director of Community Planning and Development under this section may be appealed to the Zoning Board of Appeals. In consideration of this appeal, the Zoning Board of Appeals shall also apply the standards above in addition to the other appeal criteria.
[Ord. No. 2008-01, 2-3-2008]
(a)
Purpose. The Lake Lansing residential overlay district is designed to provide standards to allow for the development of single-family residential lots, while also preserving the quality and viability of the Lake Lansing watershed. Due to the unique development history of those areas surrounding the lake, the Lake Lansing residential overlay district also addresses development issues arising from existing lots created and recorded prior to adoption of zoning regulations.
(b)
Applicability. The Lake Lansing residential overlay district shall apply to all lots within the area shown on Map 1, which are zoned in a residential category and occupied or intended to be occupied by a single-family residential dwelling. All lots included in the overlay district shall be subject to the terms and conditions imposed in this section, in addition to the terms and conditions imposed by the zoning district where such lots may be located and any other applicable regulations of the zoning ordinance. The regulations of the Lake Lansing residential overlay district shall not apply to multiple-family and nonresidential uses.
| Map 1. Boundary of the Lake Lansing Residential Overlay District  |
(c)
Uses permitted by right. All uses permitted by right in the underlying zoning districts.
(d)
Uses permitted by special use permit. All uses permitted by special use permit in the underlying zoning districts.
(e)
Uses not permitted. Any use not permitted in the underlying zoning district is not permitted in the Lake Lansing residential overlay district.
(f)
Dimensional requirements. The following dimensions for lot area and width, front, side, and rear yards, together with maximum dimensions for lot coverage and building heights shall be required for every structure and land use in this overlay district, except as noted:
(1)
Minimum lot area. Lot area shall be consistent with the requirements of the underlying zoning district, except lots that were created and recorded prior to October 5, 1960, may be used for single-family residential purposes provided the lot is not less than 5,000 square feet in area.
(2)
Minimum interior lot width. Interior lot width shall be consistent with the requirements of the underlying zoning district, except lots that were created and recorded prior to October 5, 1960, may be used for single-family residential purposes provided the lot is not less than 35 feet in width at the street line and the minimum yard setbacks are maintained for the district where the lot is located.
(3)
Minimum corner lot width. Corner lot width shall be consistent with the requirements of the underlying zoning district, except lots that were created and recorded prior to October 5, 1960, may be used for single-family residential purposes provided the lot is not less than 40 feet in width along the street upon which the lot fronts.
(4)
Maximum lot coverage. All buildings including accessory buildings shall not cover more than 40% of the total lot area.
(5)
Minimum yard dimensions.
a.
Front yards. The front yard setback shall not be less than 20 feet from the street line, except that it may be reduced to the average front yard setback of the homes within 150 feet on the same side of the road.
[Amended 5-3-2022 by Ord. No. 2022-04]
b.
Side yards. The side yard setback shall be consistent with the requirements of the underlying zoning district, except lots that were created and recorded prior to October 5, 1960, the side yard setback shall not be less than five feet for any building, accessory building, deck or porch, provided:
1.
Any portion of a residential dwelling setback less than seven feet from a side lot line shall be built with noncombustible materials or treated with an approved fire retardant with a minimum one-hour fire rating.
2.
A fence or wall constructed in the side yard shall not exceed two feet in height if located less than seven feet from any principle or accessory structure.
c.
Rear yards. The rear yard setback shall be consistent with requirements of the underlying zoning district, except the rear yard setback for those lots that directly abut Lake Lansing shall be measured from the ordinary high-water mark of Lake Lansing as defined in § 86-2.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot except a yard adjacent to a street right-of-way where the street has not been built shall be deemed a side yard.
e.
Through and reverse frontage lots. Through and reverse frontage lots shall be consistent with the requirements of the underlying zoning district, except the front yard setback shall be in accordance with Subsection 86-442(5)(a).
(7)
Special structural elements. Special structural elements, such as cornices, sills, belt-courses, chimneys, gutters, eaves, pilasters, and similar structural features may project into any yard area up to a maximum of 2 1/2 feet, except such element or feature shall not be closer than three feet to a side lot line unless the element or feature is built with noncombustible materials or treated with an approved fire retardant with a minimum one-hour fire rating.
(8)
Fire escapes, outside stairways, and balconies. Fire escapes, outside stairways, and balconies, if of open construction, may project into the yard up to a maximum of five feet, except a structure shall not be closer than three feet to a side lot line unless the structure is built with noncombustible materials.
(9)
Maximum driveway coverage.
[Amended 5-3-2022 by Ord. No. 2022-03]
a.
A driveway shall not occupy more than 65% of the total area of the front yard for residential lots that are less than 65 feet in width at the street line and created and recorded prior to October 5, 1960.
b.
A driveway shall not occupy more than 40% of the total area of the front yard for residential lots 65 feet or greater in width at the street line.
c.
A driveway shall not be permitted in the street right-of-way where the street has not been built.
(10)
Stormwater. Stormwater runoff from new construction, which is being directed toward Lake Lansing, shall be filtered through a vegetated area, a minimum of 20 feet in width, before entering the lake. The vegetated area may include a grass lawn.
[Ord. No. 2011-05, 5-5-2011]
(a)
Purpose.
(1)
The purpose of the wind energy overlay section is to:
a.
Provide standards and regulations pertaining to the location, construction, design, maintenance, and abandonment of wind energy systems and anemometer towers; and
b.
Enhance and expand the alternative energy options available to residents and businesses located in the Township; and
c.
Limit potential impacts to adjacent and nearby properties from wind energy systems and anemometer towers through proper design, engineering, and siting.
(b)
Applicability. The regulations and standards of the wind energy overlay district shall apply to all lots and properties in the Township.
(c)
Uses permitted by right.
(1)
A building-mounted wind energy system designed to serve the use on the site.
a.
Maximum number.
1.
A maximum of two wind energy systems per site may be mounted on one- and two-family dwellings or accessory buildings on the same site with a one- or two-family dwelling.
2.
A maximum of five wind energy systems per site may be mounted on multiple-family, mixed use, or nonresidential buildings. Wind energy systems are not permitted on accessory buildings for multiple-family, mixed use, or nonresidential uses.
b.
Maximum height. The maximum height shall be 10 feet measured from the roof or other building surface where the system is mounted to the uppermost part of the system or the tip of the blades when extended to the highest vertical position whichever is greater. The maximum height may be extended to 20 feet, subject to approval by the Director of Community Planning and Development based on documentation provided by the applicant that the proposed height of the building-mounted wind energy system is the height necessary to supply power.
c.
Minimum setback. The minimum setback shall be 20 feet from the side or rear property line and 10 feet from any other buildings on the site. The setback shall be measured from the outermost edge of the wind energy system to the applicable property line or other building.
d.
Screening exemption. Building-mounted wind energy systems shall be exempt from screening requirements for rooftop mechanical equipment.
(2)
A freestanding wind energy system designed to serve the use on the site.
a.
Maximum number: one freestanding wind energy system is permitted per site.
b.
Maximum height. The maximum height shall be 65 feet measured from the ground to the uppermost part of the system or the tip of the blades when extended to the highest vertical position whichever is greater. The maximum height may be extended to 120 feet, subject to approval by the Director of Community Planning and Development based on documentation provided by the applicant that the proposed height of the wind energy system is the height necessary to supply power to the site.
c.
Minimum setbacks.
1.
A distance equal to the height of the freestanding wind energy system from any property line. If a self-collapsing tower design is proposed, the Director of Community Planning and Development may reduce or waive the requirements of this section after evaluating safety documentation submitted by the applicant with the application for site plan review.
2.
Ten feet from any building located on the site.
3.
A freestanding wind energy system shall not be located in the front yard.
d.
Plot plan. For one-family and two-family residential sites, a scaled plot plan shall be submitted with the building permit application to the Department of Community Planning and Development showing the proposed location of the wind energy system.
(3)
Tower holding an anemometer when used to determine the potential for utilizing a wind energy system at a site, subject to the following review criteria:
a.
Maximum number. A maximum of one anemometer tower shall be permitted per site.
b.
Maximum height. The maximum height for an anemometer tower shall be the height necessary to monitor wind data. The height shall be subject to approval by the Director of Community Planning and Development based on documentation provided by the applicant that the proposed height of the anemometer is the height necessary to gauge wind energy potential of the site.
d.
An anemometer tower shall not remain on a site for more than one year, unless upon receipt of a written request, a one-time extension of one year is granted by the Director of Community Planning and Development.
e.
Plot plan. A scaled plot plan showing the proposed location of the anemometer tower shall be submitted with the building permit application to the Department of Community Planning and Development.
(d)
Uses permitted by special use permit. Any proposed wind energy system or anemometer tower not described under uses permitted by right.
(1)
Building-mounted wind energy systems.
a.
Maximum number. Documentation shall be provided by the applicant showing that the proposed number of building-mounted wind energy systems is necessary to supply power to the site.
b.
Maximum height. Documentation shall be provided by the applicant showing that the proposed height of the building-mounted wind energy system is the height necessary to supply power to the site.
c.
Minimum setback. The minimum setback shall be 20 feet from the side or rear property line and 10 feet from any buildings on the site. The setback shall be measured from the outermost edge of the building-mounted wind energy system to the applicable property line or other building.
(2)
Freestanding wind energy systems.
a.
Maximum number. Documentation shall be provided by the applicant showing the proposed number of freestanding wind energy systems is necessary to supply power to the site.
b.
Maximum height. Documentation shall be provided by the applicant showing that the proposed height of the freestanding wind energy system is the height necessary to supply power to the site.
c.
Minimum setbacks. A distance equal to the height of the tallest freestanding wind energy system from any property line or lease area. If a self-collapsing tower design is proposed, the Planning Commission may reduce or waive the requirements of this section after evaluating safety documentation submitted by the applicant with the special use permit application.
(e)
General standards. The following general standards shall apply to all wind energy systems, and anemometer towers.
(1)
Primary purpose. The primary purpose of the wind energy system shall be to provide power to the use located on the same site and the resale of any remaining excess energy shall be secondary.
(2)
Compliance. A wind energy system or anemometer tower shall be in compliance with all applicable federal, state, county, and Township codes or regulations.
(3)
Utility approval. If the wind energy system is connected to the electrical power grid for net metering purposes, a copy of the letter of approval from the utility shall be provided to the Department of Community Planning and Development.
(5)
Tower design.
a.
A freestanding wind energy system shall be mounted on a monopole tower. The tower shall be finished in a single reflective matte color that minimizes off-site visibility.
b.
Lattice towers may be used for building-mounted wind energy systems, or for mounting anemometers.
c.
Guy wires may only be used for building-mounted wind energy systems, tilt-up monopole towers, and anemometer towers. All anchors for the guy wires shall be located on the same parcel as the tower.
(6)
Ground clearance. The lowest extension of any blade or other exposed moving component of a freestanding wind energy system or anemometer shall be a minimum of 20 feet above the ground or any sidewalk, pathway, deck, patio, and balcony that is situated directly below the wind energy system or anemometer tower.
(7)
Safety and security.
a.
Access. Wind energy systems and anemometer towers shall be designed to prevent unauthorized access to electrical and mechanical components.
b.
Anti-climbing design. Towers for freestanding wind energy systems and anemometers shall be designed so all climbing apparatus are self-contained inside the tower or so the tower is designed to be unclimbable for the first 12 feet above the ground.
c.
Automatic braking controls. Wind energy systems shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the structure, rotor blades, or other components, unless the manufacturer certifies in writing that a braking system is not necessary.
(8)
Electrical systems. Connecting power lines shall be placed underground within the boundary of the site where the wind energy system or anemometer is located.
(9)
Noise and vibration.
a.
Noise levels shall not exceed 50 dB(A) when the wind energy system is operating as measured at any boundary of the site where the wind energy system is located.
b.
Vibrations shall not be produced which are perceptible to humans beyond the boundary of the site where the wind energy system is located.
c.
The maximum number of decibels may be exceeded during short-term events such as severe windstorms.
(10)
Signal interference. A wind energy system or anemometer tower shall not interfere with broadcast, defense, communication, or weather monitoring systems such as, but not limited to, cellular, radio, telephone, television, wireless phone, microwave, satellite, radar, and emergency services.
(11)
Lighting. No exterior lighting shall be allowed on the tower of the wind energy system or an anemometer tower, unless required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
(12)
Lightning. Wind energy systems and anemometer towers shall have lightning protection.
(13)
Advertising. Advertising shall be prohibited on all wind energy systems.
(14)
Abandonment. A wind energy system or anemometer tower shall be deemed to have been abandoned if:
a.
No electricity has been generated from the wind energy system for a period of 12 consecutive months, unless extenuating circumstances have resulted in the disuse of the wind energy system.
b.
The wind energy system or anemometer tower has been idle for a period of 12 consecutive months.
c.
The maximum time period for the anemometer tower allowed under Subsection 86-443(c)(3)d has expired without an extension being granted by the Director of Community Planning and Development.
d.
The final determination on whether a wind energy system or anemometer tower has been abandoned shall be made by the Director of Community Planning and Development.
e.
The wind energy system or anemometer tower shall be removed within six months after being deemed abandoned. Abandonment shall include the removal of the wind energy system or anemometer, structures, tower, electrical components, and any other accessory facilities and appurtenances. Any foundation shall be removed to a depth of at least five feet below grade.
f.
If a wind energy system or an anemometer tower is not completely removed within six months, it shall be deemed a nuisance.
(f)
Submittal requirements prior to receiving a certificate of occupancy.
(1)
Installation certification. Prior written certification from the installation contractor indicating the wind energy system or anemometer tower has been constructed and installed pursuant to the manufacturer's guidelines and pursuant to all federal, state, county, and Township codes shall be submitted to the Department of Community Planning and Development.
(g)
Complaint resolution.
(1)
Shadow flicker. Shadow flicker complaints received after the wind energy system is in operation shall be addressed pursuant to the following complaint resolution process:
a.
The Township shall be notified of the complaint in writing.
b.
Township staff shall conduct an investigation into the complaint.
c.
If it is determined by the Director of Community Planning and Development the complaint is valid, the owner of the wind energy system shall take immediate action to bring the wind energy system into compliance.
d.
The Township may require the wind energy system to shut down and cease operations until the violation is corrected.
(2)
Signal interference.
a.
Upon the Township's receipt of a written complaint, a copy of the complaint shall be sent to the owner of the wind energy system.
b.
The owner of a wind energy system or anemometer tower shall take such reasonable and necessary steps to eliminate, or mitigate any interference with signals caused by the wind energy system or anemometer tower.
c.
If the signal interference cannot be resolved under the provisions of subsection b., the Township may require the wind energy system cease operation until the problem is corrected.
(3)
Noise. In addition to the Township's right to enforce noise complaints, complaints related to noise may be addressed through the process established in § 50-84 of the Township's Code of Ordinances.
(4)
Bird and bat impacts.
a.
Upon the Township's receipt of a written complaint, a copy of the complaint shall be sent to the owner of the wind energy system.
b.
If determined necessary by the Director of Community Planning and Development, an impact analysis shall be prepared by a qualified professional consultant hired by the wind energy system owner to identify and assess impacts on birds and bats.
c.
At a minimum, the impact analysis shall utilize the most current guidelines established by a federal or state agency regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the Federal Endangered Species Act and Michigan's endangered species protection law.
d.
The owner of the wind energy system shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall also identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.
(h)
Additional requirements. The following requirements shall apply to all freestanding wind energy systems that require a special use permit:
(1)
Impact analysis. The applicant shall disclose any potential impact from a wind energy system on the following features:
(i)
Requirements specific to freestanding wind energy systems exceeding 200 feet in height.
(1)
Bird and bat impacts.
a.
An impact analysis prepared by a qualified professional consultant to identify and assess potential impacts on birds and bats may be required by the Director of Community Planning and Development as part of the special use permit application.
b.
If required, at a minimum, the impact analysis shall utilize the most current guidelines established by a federal or state agency regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the Federal Endangered Species Act and Michigan's endangered species protection law. The analysis shall indicate whether a post construction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be conducted.
c.
The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall also identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.
(3)
Visual impact simulation. A visual impact simulation depicting images of the wind energy system from all four directions shall be provided with the special use permit application.
(4)
Land clearing. When located on an undeveloped site, the existing natural vegetation of the property shall be maintained to the greatest extent possible. The existing vegetation which is proposed to be removed and the methods for replacing removed vegetation shall be indicated on a landscape plan. In no case shall an entire site be graded or cleared for installation of a wind energy system.
(5)
Warning signage. A minimum of one sign, a maximum of two square feet in size shall be posted at the base of the tower or, if applicable on the security fence. The sign(s) shall contain the manufacturer or owner's name and emergency contact information and warn of high voltage. Warning signage at all freestanding wind energy systems shall also reference the potential danger of falling ice.
(6)
Design safety certification. The structural integrity of the wind energy system shall conform to the most current standards of the International Electrotechnical Commission (IEC).
(7)
All power lines, transformers, or conductors shall comply with current Avian Power Line Interaction Committee standards to prevent avian mortality.
(8)
Abandonment plan. An abandonment plan shall be submitted with the application for a special use permit which includes at a minimum:
a.
The estimated cost to abandon the wind energy system.
b.
A written plan indicating how the wind energy system will be removed and the site restored.
c.
The method of ensuring that funds will be available for removing the wind energy system and restoring the site.
d.
Any other information deemed necessary by the Director of Community Planning and Development to evaluate the abandonment of the wind energy system.
(9)
Liability insurance. Proof of adequate insurance coverage shall be provided to the Department of Community Planning and Development. Liability insurance coverage sufficient to cover any potential damages caused by the wind energy system or anemometer shall be maintained throughout the construction phase and operation of a wind energy system or anemometer until it has been removed from the site.
(10)
Performance guarantee. A continuously enforced performance guarantee in a form and amount acceptable to the Director of Community Planning and Development shall be submitted prior to installation of any wind energy system requiring a special use permit and shall be maintained until the wind energy system is abandoned, removed, and the site is restored. If the performance guarantee is not maintained throughout the life of the wind energy system, the Township may require the wind energy system to be shut down until the performance guarantee is reestablished.
[Ord. No. 2011-13, 8-16-2011]
(a)
Purpose and intent.
(1)
To encourage investment in obsolete, underused, vacant or nonconforming commercial properties by providing an alternate development review process.
(2)
To provide reasonable flexibility for modifications to or redevelopment of commercial sites to ensure the continuing economic viability of the Township's commercial areas.
(3)
To provide an opportunity for the Township to collaborate with stakeholders to promote the goals of the Township.
(4)
To promote innovative and environmentally conscious site design and utilization.
(5)
To implement the goals of the master plan such as smart growth, walkability and compact development.
(6)
To encourage projects marketable to the public.
(c)
Permitted locations. C-1, C-2, C-3 (commercial) and CS (community service).
(1)
Permitted uses. All uses permitted by right and by special use permit in the underlying zoning district(s).
a.
The commercial planned unit development (commercial PUD) approval shall serve as the special use permit review and approval for any use or other activity requiring special use permit approval in the underlying zoning district, provided the use or other activity requiring special use permit approval is identified before the Township Board approves the commercial PUD. Any use subject to special use permit review proposed after a commercial PUD approval must be processed pursuant to the special use permit requirements set forth in Chapter 86, Article II, Division 4 of the Code of Ordinances.
b.
The commercial PUD approval shall serve as the special use permit for any project subject to § 86-658 of the Code of Ordinances; a separate special use permit shall not be required.
c.
A commercial PUD application to redevelop an existing use previously approved by special use permit shall act as the request to amend the existing special use permit.
(d)
Minimum commercial planned unit development (commercial PUD) performance objectives.
(1)
Provide good internal and external access to the street for pedestrians and bicycles (e.g., a minimum of conflict points between vehicles and pedestrians and cyclists).
(2)
Minimize environmental impacts by using green building and site development techniques.
(3)
Enhance access to all alternative transportation modes including public transportation.
(4)
Use of quality building materials.
(5)
Provide for buffering between any conflicting feature of the design and an adjacent residential land use.
(6)
Adherence to smart growth principles.
(7)
Preference for parking located in the rear or side yard.
(e)
Amenities.
(1)
Requirements and guidelines.
a.
Every commercial PUD shall incorporate one or more amenities.
b.
Waivers from zoning ordinance standards may be granted by the Township Board in exchange for amenities.
c.
Amenities shall not be combined or counted more than once or counted toward any other requirement of the ordinance.
d.
When multiple amenities are proposed multiple criteria categories should be represented.
e.
Amenities shall be visible and/or accessible to the public from a fully improved street, and/or a benefit to the general public.
(2)
Criteria. Amenities acceptable for consideration by the Township shall meet one or more of the following criteria:
a.
Type, value and number of amenities shall be proportionate to the size and/or cost of the project.
b.
Variety of amenity categories represented.
c.
Support of goals expressed in this section, the Township Board policy manual, the master plan, or other applicable adopted plans.
d.
Consistency and compatibility with the intended use of the site.
e.
Continuity of design elements.
f.
Appropriate and harmonious with the surrounding area.
g.
Potential to act as a catalyst for improvements to surrounding sites.
(3)
Categories listing examples of possible amenities.
a.
Conservation:
1.
Any alternative energy system.
2.
Grey water recycling.
3.
Green roofs.
4.
Electric car charging stations.
5.
Activities or technologies listed for Leadership in Energy and Environmental Design (LEED) certification by the U.S. Green Building Council or certification criteria of organizations with similar goals; for example, American Society of Landscape Architects (ASLA) Sustainable Sites Initiative (SITES) or the Society of Environmentally Responsible Facilities (SERF).
b.
Environment:
1.
Significantly increased pervious surfaces.
2.
Rehabilitation of degraded sites.
3.
Green space exceeding the underlying permeable surface regulation.
4.
Rehabilitation of green space designated as links on the greenspace plan.
5.
Street trees installed at a 20% higher density or one-inch caliper larger than required by the Code of Ordinances.
c.
Accessibility:
1.
Transit stops. The addition or relocation of one or more transit stops when supported by a local transit provider.
2.
Foot and bicycle pathways and sidewalks that connect with the Township's pedestrian/bicycle pathway system and routes identified in the Township's greenspace plan via a public right-of-way or public access easement.
3.
Covered bicycle storage on site.
e.
Social interaction:
1.
Outdoor gathering spaces or outdoor eating spaces of 300 square feet or more.
2.
Public outdoor seating plazas adjacent to or visible and accessible from the street including, but not limited to, benches or other outdoor seating not associated with an outdoor cafe.
3.
Privately maintained courtyards, plazas, pocket parks, and rooftop gardens and similar features with seating for the public.
f.
Site and building design:
1.
Underground utilities.
2.
Combination of first floor awnings and upper floor balconies adjacent to a public street.
3.
Porches on any structure.
4.
Multilevel or underground parking.
5.
Ornamental paving treatments for sidewalks and/or parking areas such as, but not limited to, concrete masonry unit pavers, brick, stone or pervious concrete or asphalt.
6.
Innovative lighting.
7.
Sidewalk planters located in the vicinity of sidewalks and/or outdoor seating areas.
8.
Public access to new technology including wireless access points, electronic information displays, excluding unsolicited electronic broadcast information.
9.
Consolidation of multiple land parcels into one to facilitate an integrated design.
10.
Fountain.
(f)
Design standards.
(2)
Accessories.
a.
Railings, benches, trash receptacles, and bicycle racks shall be of commercial quality, and complement the building design and style, subject to the approval of the Director of Community Planning and Development.
b.
All mechanical systems shall be screened from street level view on all sides by an opaque structure or landscape material selected to complement the building.
(3)
General standards. Unless specifically waived by the Township Board, sites developed under this section shall comply with all standards found in the underlying zoning district as well as:
(g)
Procedures.
(1)
Preapplication conference. Each applicant shall confer with the Department of Community Planning and Development regarding the preparation of the planned unit development application. The general proposal in the form of a conceptualized site plan shall be reviewed by the Director of Community Planning and Development in a preapplication conference prior to submission of the commercial PUD application. The Director of Community Planning and Development shall furnish the applicant with requirements of the planned unit development application. It is not required that any person requesting a preapplication conference be an owner of or holder of an equitable interest in the subject property.
(2)
An applicant is urged to meet with owners and occupants of surrounding properties to apprise them of a proposed development, share the physical design, receive comments, and revise the proposal accordingly prior to submitting an official application. The Township will assist by providing property owner and occupant contact information.
(3)
Concept plan (optional). A property owner, prospective applicant or their representative may submit a concept plan for review and comment by the Planning Commission and Township Board.
b.
Submittal requirements:
1.
A written request to initiate a concept plan review submitted to the Director of Community Planning and Development.
2.
A written summary of the project (amount and type of uses, basis for the design concept).
3.
A concept plan drawn to scale containing the following information:
i.
Boundaries and acreage of the site.
ii.
Zoning.
iii.
Adjacent road network.
iv.
General layout of buildings, interior access roads and unique design elements.
v.
General location of known features affecting the site layout such as, but not limited to, floodplain, wetlands, woodlands, railroads, drains, rivers or rivers and streams, parkland, etc.
c.
Review procedure:
1.
Upon receipt of a written request and other required data and information, the Director of Community Planning and Development shall review the concept plan.
2.
Within 30 days of the date of receiving a complete request the director shall forward to the Planning Commission and Township Board the concept plan and accompanying data along with any written comments from the director. The Planning Commission and Township Board shall concurrently review the concept plan and may offer comments or suggestions on the design. Comments or suggestions made during the review of the concept plan shall not be binding on the Township or the applicant.
(4)
Application.
a.
Applications shall be submitted to the Department of Community Planning and Development on a special form for that purpose. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees. No part of any fee shall be refundable.
1.
Required data and information:
i.
A map drawn to an engineer's scale of the total property showing its location in the Township and its relation to adjacent property.
ii.
A reproducible two-foot contour topographic map drawn at the same scale as the site plan and showing the existing relief features on the site.
iii.
A site plan of the proposed planned unit development design.
iv.
A site analysis indicating the principal factors which influenced design decisions. The analysis shall include, but need not be limited to, soil conditions, topography, surrounding land uses, and surrounding pedestrian and vehicular circulation systems.
v.
A schematic layout of the proposed storm sewer system.
vi.
A document generally describing the proposed phasing program.
vii.
A natural features study, as applicable.
viii.
A traffic assessment or a traffic impact study may be required as specified in Section 86-130.
[Amended 8-4-2022 by Ord. No. 2022-08]
ix.
Building elevations drawn to scale (in color).
x.
Proof of property ownership or a letter from the property owner authorizing the request submitted with proof of property ownership from the author of the letter.
xi.
A written request identifying each waiver and proposed amenity shall be submitted with the commercial PUD application. Examples of waivers are:
A.
Reduction in required lot area and lot width.
B.
Reduction in front yard setbacks to move buildings closer to the road.
C.
Reduction in side and rear setback requirements for structures and parking.
D.
Increase in impervious surface coverage.
E.
Reduction or elimination of building perimeter landscaping.
F.
Reduction of the required parking spaces when the request is accompanied by a supporting study and/or agreement for shared parking on an adjacent or nearby site.
G.
Exceed maximum building height.
2.
Local agency review. The developer shall provide the Township with copies of comments from the following reviewing agencies, as applicable:
(5)
Planning Commission review.
a.
Hearing. Upon submittal of a complete application, the Planning Commission shall hold a public hearing.
1.
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
2.
Planning Commission decision. Following the public hearing and after adequate review and study of the application, the Planning Commission shall recommend approval, modification, or denial, to the Township Board, within 60 days of the public hearing date and shall within said 60 days, report its action to the Township Board. The sixty-day period may be extended if the applicant consents.
(6)
Township Board hearing and decision. After receiving a recommendation from the Planning Commission, the Township Board shall conduct a public hearing which shall be preceded by notice as specified in § 86-65(b) of the Code of Ordinances. Following the public hearing the Township Board shall make a determination to approve, modify, or deny the commercial PUD within 30 days of the public hearing date. The thirty-day period may be extended if the applicant consents.
(7)
Site plan review. Upon approval by the Township Board, the developer shall submit a complete site plan review application to the Department of Community Planning and Development, as outlined in Chapter 86 of the Code of Ordinances.
(8)
Any condition imposed upon a commercial PUD shall be part of the record and remain unchanged, unaltered, and not expanded upon, unless the change, alteration or expansion of a condition(s) is reviewed and authorized by the Township Board. The Township shall maintain a record of conditions which are changed.
(h)
Effect of issuance.
(1)
When permit becomes void. If the commercial PUD or construction related to the commercial PUD has not commenced within 24 months after the effective date of the commercial PUD, such approval shall be void.
(2)
Time for completion. All construction related to the commercial PUD must be completed within 36 months from the effective date of the approval, unless specifically approved as a phased development. If an extension is granted, all construction related to the commercial PUD shall be completed within 48 months from the effective date of the commercial PUD, unless specifically approved as a phased development.
(3)
Reestablishment. An approved commercial PUD shall not be reestablished without obtaining new approval from the Township Board in accordance with this division, unless the site has been converted to a use permitted by right or a subsequent use received a new commercial PUD.
(4)
Extension request. If the commercial PUD, or construction related to the commercial PUD, has not commenced within 24 months from the effective date of the special use permit, an extension may be requested in writing prior to the expiration date. An extension shall be reviewed and approved or denied in writing by the Township Board.
(i)
Amendments.
(1)
Generally. The property owner may apply for an amendment in writing to the Director of Community Planning and Development. The director shall make a determination as to whether a proposed amendment constitutes a major or minor amendment to the original planned unit development.
(2)
Major amendments. A major amendment shall have a significant impact on the commercial PUD and the conditions of its approval, which shall include, but not be limited to:
a.
Building additions located outside a building envelope as shown on the approved commercial PUD site plan.
b.
Building additions that reduce any setback shown on the approved commercial PUD site plan.
c.
Building additions in excess of 2,000 square feet for buildings under 20,000 square feet in gross floor area or 10% of an existing building over 20,000 square feet in gross floor area.
d.
Expansion of a use that results in an additional 100 or more vehicle trip ends during the peak hours.
e.
Addition of land to the commercial PUD equal to or more than 20,000 square feet for existing sites less than 40,000 square feet in area or two times the original site size for sites over 40,000 square feet.
f.
Expansion of a use that anticipates a 10% or greater increase in required off-street parking.
g.
Any addition to a legal nonconforming site.
(3)
Minor amendments. All amendments not deemed to be major amendments by the Director of Community Planning and Development shall be considered a minor amendment.
(4)
Process to amend a commercial PUD:
a.
Major amendments shall follow the same procedure set forth in this section for new applications, including, but not limited to, submitting an application and fee.
b.
Minor amendments. The Director of Community Planning and Development shall initiate the following review process:
1.
Application. An application for an amendment to a commercial PUD shall be submitted to the Director of Community Planning and Development.
2.
Fee. A fee shall be paid at the time of filing the application in the amount established in the schedule of fees adopted by the Township Board.
3.
Hearing. Upon submittal of a complete application, the Director of Community Planning and Development shall hold a public hearing.
i.
Notice of the public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
ii.
Director of Community Planning and Development decision. Following the public hearing and after adequate review and study of the application, the Director of Community Planning and Development shall make a decision to approve, approve with conditions or deny the minor amendment request within 60 days of the public hearing date. The sixty-day period may be extended if the applicant consents.
4.
Site plan review. Upon approval of a minor amendment by the Director of Community Planning and Development, the applicant shall submit a complete site plan review application to the Department of Community Planning and Development, as outlined in Chapter 86 of the Code of Ordinances.
5.
Any condition imposed upon a minor amendment to a commercial PUD by the Director of Community Planning and Development shall remain unchanged, unaltered, and not expanded upon, except unless the change is reviewed and authorized by the Director of Community Planning and Development.
(j)
Enforcement. The provisions of this article shall be enforced in the manner provided elsewhere in this Code of Ordinances. Any development that is not otherwise in conformance with these regulations shall not be approved.
(a)
Applicability. The Marihuana Business Overlay District shall apply to all lots within the areas shown on Maps 1, 2, 3, 4, and 5 (the "overlay areas"). All lots included in the overlay district shall be subject to the terms and conditions imposed in this section, in addition to the terms and conditions imposed by the zoning district where such lots may be located, any other applicable ordinance and the requirements of all ordinances authorizing and permitting marihuana businesses.
(b)
Uses permitted by right: all uses permitted by right in the underlying zoning districts.
(c)
Uses permitted by special use permit: all uses permitted by special use permit in the underlying zoning district and all types of marihuana businesses subject to the number of available permits allowed all ordinances authorizing and permitting marihuana businesses.
(d)
Uses not permitted. Any use not permitted in the underlying zoning district is not permitted in the Marihuana Business Overlay District.
(e)
Permitted locations.
(1)
Provisioning centers or marijuana retailers are permitted in any overlay area on property zoned C-1, C-2, or C-3 (Commercial) and RP (Research and Office Park).
(2)
No marijuana business shall be located within 500 feet from any church, place of worship, religious facility, library, preschool, or child-care center, measured horizontally between the nearest property lines.
(3)
No marijuana business shall be located within 1,000 feet from any public or private K-12 school, measured horizontally between the nearest property lines.
(4)
All activities related to marijuana businesses must occur indoors.
(f)
Additional regulations.
(1)
The business's operation and design shall minimize any impact to adjacent uses, including the control of any odor, by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises.
(g)
Application and departmental reviews.
(1)
Application. The application for a special use permit shall be submitted to the Director of Community Planning and Development in accordance with § 86-124.
(2)
Departmental reviews. The applicant's plan shall be reviewed by the Township Department of Community Planning and Development, the Township EMS/Fire Department, the Township Police Department, and the Township Public Works/Engineering Department, in order to ensure that public utilities, road, and other infrastructure systems are or will be adequate to support the proposed development.
(h)
Review process. Upon determination that the application is complete, the Director of Community Planning and Development shall initiate a review process in accordance with § 86-125 of this chapter, subject to all hearings and other provisions set forth therein, as applicable, except the final decision on the special use permit shall be made by the Township Board.
(2)
Township Board action. Following review of the Planning Commission's recommendation and record, the Township Board may deny, approve, or approve with conditions an application for a special use permit. Prior to making a decision on a special use permit, the Township Board may hold a public hearing on the request. Notice of the public hearing shall be given in the same manner as outlined in § 86-65.
