Markey Township Zoning Ordinance #35

Site Development Requirements

Section 15.01  Site Plan Review Procedures

A.        The purpose of this Chapter is to provide for consultation and cooperation between the Land Developer and the Township Planning Commission in order that the developer may accomplish their objectives in the utilization of the land within the regulations of this Zoning Ordinance, and with minimum adverse effect on the use of adjacent streets, highways, and existing uses in the immediate vicinity.

B.         Uses Subject to Site Plan Review.  A Land Use Permit for any proposed use or building or any other improvement shall not be issued until a Site Plan has been reviewed and approved by either the Planning Commission, or Ordinance Administrator, under the following procedure:

1. The following uses shall be subject to Site Plan Review by the Planning Commission in accordance with the provisions of this Section.

a.         All land uses, new construction, new uses established, or additions to existing buildings in excess of twenty five (25) percent of the gross floor area of the main building in all Zoning Districts, except the following:

i.          Single family dwellings

ii.                   Temporary buildings and uses

iii.                  Accessory uses or structures

b.                   Special land uses in any zone district.

c.                   Condominium projects or Site Condominiums.

d.                   Open space preservation developments.

2. All uses for which Site Plan Review by the Planning Commission is not required under Section 15.0l, B, l, shall be subject to review by the Ordinance Administrator.  Such review shall be limited to ensuring that the proposed use conforms to the applicable setbacks, yards, parking, and other specific Zoning Ordinance requirements.

C.         Application and Review Procedures

1. Application Procedures

a.         A preliminary sketch plan shall be submitted for review by the Planning Commission for all projects which Site Plan Review by the Planning Commission is required.  The purpose of such procedure is to cause discussion between the developer and the Planning Commission to better inform the developer of the acceptability of the proposed plans prior to incurring extensive of engineering and other costs, which might be necessary for final site plan approval.  Further, the preliminary sketch plan provides an opportunity for the developer to explain their plans for site development, and the Planning Commission to share the township goals.  Such sketch plans shall include at least the following information:

i.          The name and address of the applicant, including the name,              address, and phone number of a contact person.

ii.                   The legal description and Zoning of the property.

iii.                  Drawings showing tentative site development.

iv.                 The Planning Commission shall not be bound by any tentative              approval given at the preliminary sketch plan review.

                        b.         An application for Site Plan Review shall be submitted at least thirty (30) days prior to the next scheduled Planning Commission meeting through the Ordinance Administrator, who will review the application materials to ensure that the requirements of Section 15.01, C, 1, d, and 15.01, C, 2, are met, then transmit the application and materials to the Planning Commission.  If the plan does not meet the requirements of 15.01, C, 1, d, and C, 2, then the plan shall be returned to the applicant without further action, and the application fee shall be forfeited by the developer.  If the plan meets the requirements of the above subsections, then the plan, application, and materials shall be transmitted to the Planning Commission for review.

                        c.         Review comments shall be submitted by such departments and consultants to the Planning Commission for consideration prior to the meeting at which the request is to be considered.

                        d.         An application for Site Plan Review shall consist of the following:

i.    An application form provided by the Township, completed by the property owner, or their authorized agent.

ii.       Seven (7) copies of the Site Plan.

iii.      Payment of a fee, in accordance with a fee schedule, as determined by Township Board resolution.

iv.        A legal description, including the permanent parcel number, of the subject property and a boundary survey map.

v.          Other materials as may be required by this Section or the Planning Commission.

2. Site Plan Requirements.  Site Plans shall be prepared in a neat and orderly manner, drawn to scale, and unless specific requirements are waived by the Planning Commission, all the following information shall be provided by the applicant:

a.         The date, North arrow, and scale.  The scale shall not be less than 1" = 20' for sites under three (3) acres, and at least 1" = 100' for those sites of three (3) acres or more.

b.         Small sketch of properties, streets and use of land within one quarter (1/4) mile of the subject property.

c.         Existing adjacent streets and proposed streets and existing curb cuts within one-hundred (100) feet of the property.

d.         All lot lines with dimensions.

e.         Parking lots and access points

f.          Proposed buffer strips, greenbelts, or screening

g.         Significant natural features; and other natural characteristics, including but not limited to open space, stands of trees, brooks, ponds, flood plains, hills, and similar natural assets.

h.         Location of any signs

i.          Existing and proposed buildings, including existing buildings or structures within one-hundred (100) feet of the boundaries of the property.  If no buildings are within one-hundred (100) feet the property lines, the use of the adjacent property shall be indicated.

j.          General topographical features including existing contours at intervals no greater than five (5) feet.

k.         Number of acres allocated to each proposed use and gross area in building, structures, parking, public or private streets and drives, and open space.

l.          Dwelling unit densities by type, if applicable.

m.        Proposed method of providing sewer and water service, as well as other public and private utilities.

n.         Proposed method of providing storm drainage.

o.         Written description of the computation for required parking.

p.         Name, address, and phone number of applicant.

q.         Name, address, phone number, of the individual responsible for preparing the plan.

3. The Planning Commission shall review the Site Plan, along with any comments submitted by agencies, departments or consultants, and make such recommendations to the applicant that will cause the Plan to be in conformance with the review standards required by this Section and this Ordinance.

a.         To this end, the Planning Commission may request from the applicant additional graphic or written materials, prepared by a qualified person or persons, to assist in determining the appropriateness of the site plan.

b.         Such material may include, but is not limited to:

i.          aerial photography, photographs;

ii.                   traffic impacts;

iii.                  impact on significant natural features and drainage;

iv.                 soil tests;

v.                   environmental impacts;

vi.         and other pertinent information.

4. The Planning Commission shall approve, deny, or approve with conditions any site plan it reviews based on the requirements of this Ordinance, and specifically the review standards of Section 15.01, D.
5. No petition submitted for Site Plan Review which has been denied, shall be resubmitted for a period of one (1) year from the date of denial, except as may be permitted by the Planning Commission after learning of new and significant facts or conditions which might result in a favorable action upon resubmittal.

D.        Site Plan Review Standards

1. All site plans shall be approved, approved with conditions, or denied based on the purposes, objectives and requirements of this Ordinance, and specifically, the following considerations when applicable:

a.         The relationship of uses proposed will not adversely affect the public health, safety, or welfare.  Uses and structures located on the site shall be planned to take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site.  The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance.

b.         Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site.  Drives, streets and other circulation routes shall be designed to promote safe and efficient traffic operations within the site and at ingress/egress points.

c.         The arrangement of public or private vehicular and pedestrian connections to existing or planned streets in the area shall be planned to provide a safe and efficient circulation system for traffic within Markey Township.

d.         Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance.  The Planning Commission may require that landscaping, buffers, or greenbelts be preserved or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

e.         Satisfactory assurance shall be provided that the requirements of all other applicable Ordinances, codes, and requirements of Markey Township will be met.

f.          The general purposes and spirit of this Ordinance and the Master Plan of Markey Township shall be maintained.

E.         Approved Plans and Amendments

1. Upon approval of the Site Plan, the Township Clerk shall sign three (3) copies thereof.  One (1) signed copy shall be made a part of the Township's files; one (1) copy shall be forwarded to the Ordinance Administrator for issuance of a Zoning Compliance Permit; and one (1) copy
2. Each development shall be under construction within one (1) year after the date of approval of the Site Plan, except as noted in this Section.

a.         The Township Board may grant one (1) extension of up to an additional one (1) year period if the applicant applies for such extension prior to the date of the expiration of the Site Plan and provided that:

i.          the applicant presents reasonable evidence that said development has encountered unforeseen difficulties beyond the control of the applicant; and

ii.                   the site plan requirements and standards, including those of the Zoning Ordinance and Master Plan, that are reasonably related to said development have not changed.

b.         Should neither of the provisions of Section 15.01, E, 2, a, be fulfilled, or an extension has expired without construction underway, the Site Plan approval shall be null and void.

c.         Amendments to an approved Site Plan may occur only under the following circumstances:

i.          The holder of a valid Site Plan approval shall notify the Ordinance Administrator of any proposed amendment to such approved site plan.

ii.                 Minor changes, requested by the applicant, may be approved by the Ordinance Administrator upon certification in writing to the Planning Commission that the proposed revision does not alter the basic design nor any specified conditions of the plan as agreed upon by the Commission.  In considering such a determination, the Ordinance Administrator shall consider the following to be a minor change:

(a) Reduction of the size of any building or sign.

(b) Movement of buildings or signs less than ten (10) feet.

(c) Landscaping approved in the site plan that is replaced by similar landscaping to an equal or greater extent.

(d) Changes in floor plans, of up to five (5) percent of the total floor area, which do not alter the character of the use or increase the amount of required parking.

(e) Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

(f) Changes required or requested by the Township, Roscommon County, or other State or Federal regulatory agency in order to conform to other laws or regulations.

iii.         Should the Ordinance Administrator determine that the requested modification to the approved site plan is not minor, a new site plan shall be submitted and reviewed as required by this Chapter.

Section 15.02  Off-Street Parking and Loading Provisions

A.        General Requirements

1. Off-street parking for all nonresidential zone districts and uses shall comply with the following:

a.         Parking shall be either on the same lot, or within three hundred (300) feet of the building or use it is intended to serve, as measured from the nearest public entrance of the building to the nearest point of the off-street parking lot.

b.                   The first twenty-five (25) feet, measured from the road right-of-way, shall be landscaped and used as a greenbelt.  The remainder of front setback area may be used for off-street parking.

c.                   No driveway or driveways in combination shall occupy more than thirty-three (33) percent of the lot frontage.

2. The storage of merchandise or products, or the repair of vehicles is prohibited in any off-street parking lot.
3. Residential off-street parking spaces shall consist of parking strip, parking bay, driveway, or combination thereof and shall be located on the premises they are intended to serve.  Such parking spaces shall occupy no greater than forty percent (40%) of the required front yard.
4. Minimum required off-street parking spaces shall not be replaced by any other use unless and until equal facilities are provided elsewhere, in compliance with this Section.
5. No building shall be permitted to change use, be enlarged, or expanded until the required number of spaces have been constructed, or waived under subsection 15.02, A, 8, below.
6. Off-street parking existing at the effective date of this Ordinance, or amendment thereto, in connection with the operation of an existing building or use, shall not be reduced to an amount less than required for a similar new building or new use.
7. Two (2) or more buildings or uses may collectively provide the required off-street parking.
8. The Planning Commission may defer construction of the required number of parking spaces if the following conditions are met:

a.         Areas proposed for deferred parking shall be shown on the site plan, and shall be sufficient for construction of the required number of parking spaces in accordance with the standards of this Ordinance for parking area design and other site development requirements.

b.         Evidence shall be presented by the applicant in support of a lower requirement.

c.         Alterations to the deferred parking area may be initiated by the owner or required by the Ordinance Administrator.  Any alteration to the deferred parking area shall require the approval of an amended site plan, submitted by the applicant accompanied by evidence documenting the justification for the alteration.

9. Parking of semi-trucks, including the tractor and trailers, and commercial vehicles exceeding a one (1) ton load capacity shall be prohibited in all residential zones.

B.         Parking Lot Design Standards

1. Minimum dimensions of parking spaces and maneuvering aisles shall be in accordance with the following requirements:

2. Minor adjustments of the dimensions prescribed in this Section may be authorized by the Ordinance Administrator if consistent with generally recognized design standards for off-street parking facilities.
3. All parking lots shall be constructed with a durable and dustless surface resistant to erosion, and properly maintained at all times.
4. All parking lots shall be constructed so as to permit proper drainage and prevent ponding or storage of water within the lot.  Drainage shall be in accordance with the requirements of Markey Township and the Roscommon County Drain Commission.
5. All parking lots shall be provided with adequate lighting.  Parking lot lighting shall be shielded so as to prevent light from spilling onto adjacent properties.
6. No permit will be issued for major changes to an existing parking lot unless the parking lot is made to comply with the requirements of this Ordinance.  A major change consists of one or more of the following:

a.         Replacement or alteration of existing drainage elevations or structures affecting more than fifty (50) percent of the existing parking lot.

b.         Any expansion or addition of a parking lot equal to or greater than twenty-five (25) percent of the area of the existing parking lot.

c.         Reconstruction of the parking lot, including the removal of existing pavement or drainage structures, which affects more than twenty-five (25) percent of the existing parking lot.

d.         Any other change which, in the opinion of the Ordinance Administrator, constitutes a major change.

C.         Off-Street Parking Requirements

1. Required off-street parking spaces are noted in the table below for the uses listed.  For those uses not specifically mentioned, the requirements for off-street parking shall be in accord with a use which the Ordinance Administrator considers similar in type.
2. When units of measurement determining the number of required off-street parking spaces result in the requirement of a fractional space that fraction shall require one (1) parking space.
3. The minimum number of off-street parking spaces shall be determined in accordance with the following tables:

D.        Off-Street Loading Requirements

1. On the same premises with every building or structure involving the receipt or distribution of vehicles, materials or merchandise there shall be provided and maintained on the lot adequate space for standing, loading and unloading.  This space shall be placed so as to avoid undue interference with public use of dedicated rights-of-way and parking areas.
2. In the C-1 District all loading spaces shall be located in the rear yard in the ratio of at least ten (10) square feet per front linear foot of building and shall be computed separately from off-street parking requirements.
3. AS District:

a.         In the AS District at least one (1) loading space shall be provided for each twenty thousand (20,000) square feet of floor area, or fraction thereof.  All loading spaces shall be at least twelve feet by seventy feet (12' x 70'), and a minimum fourteen (14) foot clearance height shall be provided.

b.                   Loading spaces shall be off the street, and in the rear yard or interior side yard.

4. Where an alley exists in the rear yard, loading requirements may be computed from the center of the alley.
5. All dedicated loading spaces shall be provided with a pavement having an asphalt or portland cement binder so as to provide a permanent, durable and dustless service.

Section 15.03  Sign Regulations

A.        This section is intended to protect and further the health, safety, and welfare of the residents of Markey Township; to maintain and improve the appearance of Markey Township; to conserve community character; to prevent traffic hazards; to provide safer conditions for pedestrians; and to promote economic development by regulating the construction, alteration, repair, maintenance, size, location, and number of signs.  These regulations are further intended to provide reasonable identification for businesses and other uses within the community, but are not intended to serve as a means of advertising.

B.         Definition of terms found in this Section related to signs.

1. Awning: A retractable or fixed shelter constructed of non-rigid materials on a supporting framework that projects from the exterior wall of a building.
2. Awning sign: A sign affixed flat against the surface of an awning.
3. Banner sign: A fabric, plastic, or other sign made of non-rigid material without an enclosing structural framework.
4. Billboard: A sign which advertises an establishment, product, service, or activity not available on the premises on which the sign is located, but not including a Lead-in Sign.
5. Construction Sign: A sign which identifies the owners, financiers, contractors, architects, and engineers of a project under construction.
6. Directional Sign: A sign which gives directions, instructions, or facility information for the use on the lot on which the sign is located, such as parking or exit and entrance signs.
7. Freestanding Sign: A sign supported on poles not attached to a building or wall.
8. Government Sign: A temporary or permanent sign erected by Markey Township, Roscommon County, or the state or federal government.
9. Ground Sign: A sign resting directly on the ground or supported by short poles not attached to a building or wall.
10. Lead-In Sign: A sign giving direction to a garage sale or home for sale.
11. Marquee: A permanent structure constructed of rigid materials that projects from the exterior wall of a building.
12. Marquee Sign: A sign affixed flat against the surface of a marquee.
13. Mural: A design or representation painted or drawn on a wall which does not advertise an establishment, product, service, or activity.
14. Placard: A sign not exceeding two (2) square feet which provides notices of a public nature, such as “No Trespassing” or “No Hunting” signs.
15. Political Sign: A temporary sign used in connection with a noncommercial message or an official Markey Township, school district, county, state, or federal election or referendum.
16. Portable sign: A sign designed to be moved easily and not permanently attached to the ground, a structure, or a building.
17. Reader Board: A portion of a sign on which copy is changed manually.
18. Real Estate Sign: A sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.
19. Roof Line: The top edge of a roof or parapet wall, whichever is higher, but excluding any cupolas, chimneys, or other minor projections.
20. Roof Sign: A sign erected above the roof line of a building.
21. Sign: A device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying an establishment, product, service, or activity.
22. Special Event Sign: Temporary and portable signs containing public messages concerning special events sponsored by governmental agencies or nonprofit organizations.
23. Wall Sign: A sign painted or attached directly to and parallel to the exterior wall of a building extending no greater than twelve (12) inches from the exterior face of the wall to which it is attached.

Window Sign: A sign installed inside a window and intended to be viewed from the outside.

C.                 General Sign Provisions

1. No person shall erect, alter, place or permit to be placed, or replace any sign without first obtaining a Land Use Permit and a Building Permit, providing the following signs shall not require a land use permit.

a.                   Directional signs of four (4) square feet in size or less

b.                   Government signs

c.                   Placards

d.                   Temporary sale signs of four (4) square feet in size or less

e.                   Window signs

f.                    Political signs

2. Signs shall be maintained free of peeling paint or paper, fading, staining, rust, or other condition which impairs legibility or intelligibility.
3. Sign supports, braces, guys and anchors shall be maintained in such a manner as not to cause a hazard.
4. Signs, may be internally illuminated or if externally illuminated, except for home occupation signs which shall not be illuminated, the source of the light shall be enclosed and directed to prevent the source of light from shining directly onto traffic or residential property.
5. No sign shall be placed in, upon, or over any public right-of-way, alley, or other public place, except as may be otherwise permitted by this Section.
6. No light pole, utility pole, or other supporting member shall be used for the placement of any sign unless specifically designed and approved for such use.
7. No sign shall be erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or constitute a nuisance per se.
8. No commercial vehicle, which in the opinion of the Ordinance Administrator has the intended function of acting as a sign, shall be parked in any area abutting the street, unless no other parking area is available.
9. No sign shall employ any flashing, moving, oscillating, blinking, or variable intensity light, provided variable time-temperature signs may be permitted.
10. No sign shall contain any moving or animated parts nor have the appearance of having any moving or animated parts.
11. No wall sign shall extend beyond the edge of the wall to which it is affixed, and no wall sign shall extend above the roof line of a building.
12. Political signs must be removed within ten (10) days after any election.

D.        Exempted Signs.  The following signs shall be exempt from the provisions of the Markey Township Zoning Ordinance, except for the provisions of Section 15.03, C:

1. Government signs
2. Historical markers
3. Window signs
4. Memorial signs or tablets
5. Murals
6. Signs not visible from any street
7. Signs for essential services
8. Placards not exceeding two (2) square feet
9. Signs with address, owner, or occupant name, of up to two (2) square feet in area attached to a mailbox, light fixture or exterior wall
10. Flags or insignia of any nation, state, Township, community organization, or educational institution

E.                  Non-conforming Signs, Illegal Signs, and Signs Accessory to Non-conforming Uses

1. Every permanent sign which does not conform to the height, size, area, or location requirements of this section as of the date of the adoption of this Ordinance, is hereby deemed to be non-conforming.
2. Non-conforming signs may not be altered, expanded, enlarged, or extended; however, non-conforming signs may be maintained and repaired so as to continue the useful life of the sign.
3. For purposes of this Section, a non-conforming sign may be diminished in size or dimension or the copy of the sign amended or changed without jeopardizing the privilege of non-conforming use.  If a sign is nonconforming in its setback, this section shall not apply, and the sign may not be replaced.
4. Any non-conforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt if reconstruction will constitute more than fifty (50) percent of the value of the sign on the date of loss.
5. Any sign which for a period of one (1) year or more no longer advertises a bona fide business conducted or product sold shall be removed by the owner of the building, structure, or property upon which such sign is located, within thirty (30) days of receipt of written notice by the Ordinance Administrator.
6. A sign accessory to a non-conforming use may be erected in the Township in accordance with the sign regulations for the subject zoning district.

F.                  Units of Measurement

1. The area of a sign shall be measured as the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of writing, representation, emblem, logo, or any other figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign.
2. The area of a freestanding or ground sign that has two (2) or more faces shall be measured by including the area of all sign faces, except if two (2) such faces are placed back-to-back and are of equal size, the area of the two (2) back-to-back faces shall be counted as one (1) face.  If the two (2) back-to-back faces are of unequal size, the larger of the two (2) sign faces shall be counted as the one (1) face.
3. The height of a sign shall be measured as the vertical distance from the highest point of the sign to the grade of the adjacent street or the average grade of the ground immediately beneath the sign, whichever is less.
4. For buildings with multiple tenants, the sign areas for wall signs, projecting signs and awning signs shall be determined by taking that portion of the front wall of the building applicable to each tenant and computing sign requirements for that portion of the total wall.

G.         Sign Regulations Applicable to All Zoning Districts

1. All ground, wall and freestanding signs may include reader boards.
2. Any sign, including awnings to which signs are affixed or displayed, not resting directly on the ground shall maintain a minimum clear space of eight (8) feet from the bottom of the sign to the ground.
3. Real estate signs shall be removed within thirty (30) days after completion of the sale or lease of the property.
4. Construction signs are permitted within any zone district, subject to the following restrictions:

a.                   One (1) sign is permitted to be placed on the lot where the construction is taking place to identify contractors, design professionals, lending institutions, etc.

b.                   The sign shall be no larger than sixteen (16) square feet in area, and not exceed eight (8) feet in height.  In a case where two (2) or more firms utilize a sign, the sign shall be no larger than thirty-two (32) square feet in area, and not exceed eight (8) feet in height.

c.                   Construction signs shall not be erected until a building permit has been issued for the project which is the subject of the proposed sign and construction activity has begun.

d.                   Construction signs shall be removed within fifteen (15) days of the issuance of any Occupancy Permit for the building or structure which is the subject of the construction sign.

5. Special event signs, including banner signs, are permitted in conjunction with any permitted nonresidential use, or agricultural use in a residential zone district, subject to the following restrictions:

a.                   No more than four (4) such signs shall be displayed for each special event.  Such signs shall be located on the lot on which the special event is held

b.         The display of such signs shall be limited to the twenty-one (21) days immediately preceding the special event which is being advertised.

c.         Such signs shall have a maximum size of twenty-four (24) square feet in area, and a maximum height of five (5) feet and shall be set back from any side or rear property line a minimum of fifteen (15) feet.

d.         Such signs shall be removed within forty-eight (48) hours of the conclusion of the special  event which is being advertised.