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Markey Township
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Chapter 16
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October 18, 2004
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Markey Township Zoning Ordinance #35
Special Land Uses
Section 16.01 Purpose
In order to make this ordinance a flexible zoning
device, and still afford protection of property values and orderly and
compatible development, the Planning Commission, in addition to its other
functions and duties, is authorized to approve the establishment of certain
uses designated as Special Land Uses.
This Chapter provides a set of procedures and standards for special uses
of land or structures which, because of their unique characteristics, require
special consideration in relation to the welfare of adjacent properties and the
community as a whole.
The regulations and standards, herein, are designed
to allow practical latitude for the applicant, at the same time maintain
adequate provisions for the protection of the health, safety, convenience, and
general welfare of Markey Township. For purposes of this Ordinance, all Special
Land Uses within the various districts are subject to the conditions and
standards of this Chapter. In addition,
the following uses shall conform to the specific standards cited in Section
16.07, as applicable.
Section 16.02 Application Procedures
Application for a Special Land Use permit shall be
made to the Ordinance Administrator and shall include the following:
A. Ten (10) copies of a site plan
containing the information required by Section 15.01, C, 2.
B. An
application form supplied by the Township, completed by the applicant or their
authorized agent.
C. Payment of a non-refundable application
fee, and a review fee, as established from time to time by resolution of the
Township Board.
Section 16.03 Notification, Hearing, and Review Procedures.
A. Notification. Upon receipt of an application for a Special
Land Use permit, the Planning Commission shall cause:
- A
notice to be published in a newspaper which circulates in the Township, that a
request for Special Land Use approval has been received, and that a public
hearing for the request will be held.
- Send by mail or personal delivery a notice of Special Land Use request
to the owners of the property for which the request is being considered, to all
persons to whom real property is assessed within three hundred (300) feet of
the boundary of the property in question, and to the occupant of all structures
within three hundred (300) feet.
- The
notice shall be given not less than five (5), nor more than fifteen (15) days
before the date of the public hearing.
- If
the name of the occupant is not known, the term “occupant” may be used in
making notification.
- Notification
need not be given to more than one (1) occupant of a structure, except that if
a structure contains more than one (1) dwelling unit or spatial area owned or
leased by different individuals, partnerships, businesses, or organizations,
the occupant of each unit or spatial area shall receive notice. In the case of a single structure containing
more than four (4) dwelling units or other distinct spatial areas owned or
leased by different individuals, partnerships, businesses, or organizations,
notice may be given to the manager or owner of the structure who shall be
requested to post the notice at the primary entrance of the structure.
- The
notice shall:
a. describe the nature of the request,
b. indicate the property which is the subject
of the special land use request, by address and property number,
c.
state when and where the request shall be considered, and
d. indicate when and where written comments will be received concerning
the request.
B. Following notice, the Planning
Commission shall hold a public hearing on the Special Land Use permit
application.
C. The Planning Commission may approve,
approve with conditions, or deny the Special Use permit request, based upon
review and consideration of materials submitted with the application, comments
received at the public hearing, and the applicable standards of this Chapter.
D. If the Planning Commission finds that
the request meets all required standards, they shall approve the Special Use
request.
Section 16.04 General Standards For Approval
A. The Planning Commission review each
Special Land Use permit request, and approve said request only upon a finding
that all of the following general standards are complied with:
- The use is designed and
constructed, and will be operated and maintained, so as to be harmonious and
appropriate in appearance with the existing or intended character of the
general vicinity, will be compatible with adjacent uses of land, and will not
change the essential character of the area in which it is proposed.
- The use is, or will be
as a result of the special land use permit, served adequately by public
services and facilities, including, but not limited to streets, police and fire
protection, drainage structures, refuse disposal, and schools. Adequate water and sewer facilities must be
available.
- The use does not
involve activities, processes, materials and equipment or conditions of
operation that will be detrimental to any persons, property or the general
welfare by reason of traffic, noise, smoke, fumes, glare or odors.
- The use will be
compatible with the natural environment and will be designed to encourage
conservation of natural resources and energy.
- The site plan proposed
for such use demonstrates compliance with the specific design standards for the
special land use as contained in Section 16.07.
B. The decision and statement of conclusions, including
conditions imposed on any approval, shall be kept and made a part of the
Planning Commission minutes.
C. No request for Special Land Use
approval which has been denied shall be resubmitted for one (1) year following
such disapproval, except as may be permitted after learning of new and
significant facts or conditions which might result in favorable action upon
resubmittal.
Section 16.05 Conditions of Approval
The Planning Commission may impose reasonable
conditions in conjunction with approval of a Special Land Use permit which are
deemed necessary to ensure compliance with the general standards for approval
in Section 16.04 and the Specific Design Standards of Section 16.07.
Section 16.06 Approval Term and Expiration
A.
A Special Land Use permit, including conditions imposed, is attached
to, and shall run with the land for which the permit is granted. The Special Land Use permit shall be binding
upon subsequent owners and all occupants of the subject land. However, a time limit for the Special Land
Use may be imposed as a condition of approval.
B.
The special use shall be established within one (1) year of the date of
approval by the Planning Commission. One
(1) extension of this time period of up to one (1) additional year may be
granted by the Ordinance Administrator.
Such extension shall be requested in writing by the applicant, along
with payment of a renewal fee as established by the Township Board, prior to
the expiration of the initial approval period.
In such case, the Ordinance Administrator shall notify the Planning
Commission, in writing, of the request for extension and the decision to grant
or deny such extension.
Section 16.07 Special Land Use Specific
Design Standards
The following Special Land Uses shall be subject to
the requirements of the District in which located, in addition to all the
applicable conditions, standards, and regulations as are cited in this
Section. The following uses have such
conditions, standards, or regulations:
A.
Adult foster care group homes.
B.
Bed and Breakfast establishments.
C.
Billboards.
D.
Cemeteries.
E.
Churches.
F.
Clubs, lodges, and fraternities, including but not limited to, gun and
shooting clubs, for the exclusive use of its members.
G.
Commercial outdoor recreation facility.
H.
Commercial schools including but not limited to dance, music, trade,
and martial arts.
I.
Commercial storage (mini-storage units).
J.
Community centers.
K.
Crop farming.
L.
Deer, elk, or other cervine farms.
M.
Drive-through facilities for uses including, but not limited to,
restaurants, banks and other financial institutions, and personal service
establishments like dry-cleaning pick-up stations and pharmacies.
N.
Forest connected industries, including but not limited to, sawmills,
lumber and planing mills, debarking operations, and chipping facilities.
O.
Funeral homes and mortuaries.
P.
Gasoline stations.
Q.
Golf courses and country clubs.
R.
Greenhouses and nurseries.
S.
Group day care homes.
T.
Health and physical fitness clubs.
U. Storage buildings for residential and commercial
V.
Hotels and motels.
W.
Hunting reserves.
X.
Kennels.
Y.
Lumber yards and building material sales areas.
Z.
Marinas
AA.
Medical offices.
BB.
Mining of natural resources.
CC.
Multiple family dwellings.
DD.
Municipal airports.
EE.
Municipal buildings.
FF.
Nursing or convalescent homes.
GG.
Offices and showrooms for building and general construction
contractors, electricians, plumbers, mechanical contractors, and similar
trades.
HH.
Places of assembly, including but not limited to, dance pavilions,
auditoriums, and private clubs.
II.
Planned unit developments.
JJ.
Private landing fields.
KK.
Public or private boat launches.
LL.
Public or private campgrounds.
MM.
Public or private schools.
NN. Public parks and recreation areas.
OO. Rental shops for equipment, tools, cars, trailers, trucks, and
recreational products.
PP. Retail convenience shopping and personal service establishments within
a building less than three thousand (3,000) square feet in area.
QQ.
Retail sales accessory to a permitted use.
RR.
Riding stables.
SS.
Roadside stands.
TT.
Laundromats (self-serve).
UU.
Sexually oriented businesses.
VV.
Storage building / yards for contractor’s equipment.
WW.
Transportation terminals.
XX.
Two-family dwellings.
YY.
Vehicle sales areas.
ZZ.
Vehicle service establishments.
AAA. Vehicle wash establishments.
BBB. Veterinary hospitals and
clinics.
CCC. Wildlife preserves.
DDD. Wireless communication
towers and radio and television broadcast towers.
A.
Adult foster care group homes.
- The use may not be closer than 1,500 feet to any of the following:
a.
Another licensed Foster Care Facility or Group Day Care Home.
b. Another adult foster care small group home or large group home licensed
under the Adult Foster Care Facility Licensing Act, Act 218 of the Public Acts
of 1979.
c.
A facility offering substances abuse treatment and rehabilitation
service to seven (7) or more people licensed under Article 6 of the Public
Health Code, Act 368 of Public Acts of 1978.
d.
community correction center, resident home, half-way house, or other
similar facility which houses an inmate population under the jurisdiction of
the Department of Corrections.
This distance shall be
measured along a street, road, or place maintained by the state, county, or
Township of Markey and generally open to use by the public as a matter of right
for the purpose of vehicular traffic, not including an alley.
- A drop off/pick up area shall be provided for motorists off the public
street, which permits vehicles to exit the property without backing into the
street.
- Fencing at least fifty-four (54) inches, and no more than six (6) feet
in height shall be provided around all outdoor areas accessible to clients.
- All playground equipment, and areas for playing and exercise shall be
in the rear yard of the property. This
area shall be at least two thousand five hundred (2,500) square feet in size.
- The property shall be consistent with the characteristics of the
neighborhood.
- The facility shall not exceed sixteen (16) hours of operations during a
twenty-four (24) hour period, and shall not operate between the hours of 10:00p.m., and 5:00a.m.
- One non-illuminated sign measuring no more than four (4) square feet
may be permitted if attached to the principal structure.
B.
Bed and breakfast establishments.
- The establishment shall be serviced by public water and sanitary sewer
services, or adequate on-site resources may be used.
- The establishment shall be located on property with direct access to a
public road.
- No such use shall be permitted on any property where there exists
another bed-and-breakfast establishment within seven hundred fifty (750) feet,
measured between the closest property lines.
- Such uses shall only be established in a single-family dwelling.
- Off-street parking shall be in the rear yard, and one (1) space per
sleeping room shall be required. If it
is impracticable to locate the parking in the rear, the Planning Commission or
Township Board may permit the required off-street parking to be located in an
area that best minimizes negative impacts on adjacent properties.
- The number of guest rooms in the establishment shall not exceed three
(3), plus one (1) additional guest room for each ten thousand (10,000) square
feet or fraction thereof by which the lot area of the use exceeds one (1) acre,
not to exceed seven (7) guest rooms in any case.
- Exterior refuse storage facilities beyond what might normally be
expected for a single family detached dwelling shall be prohibited.
- Signs for bed and breakfast establishments shall comply with the
requirements of the zone district in which the use is located.
- The establishment shall contain the principal residence of the
operator.
- Accessory retail or service uses to a bed-and-breakfast establishment
shall be prohibited, including but not limited to gift shops, antique shops,
restaurants, bakeries, and so forth.
- Meals shall be served only to the operator's family, employees, and
overnight guests.
C.. Billboards. (See Section 15.03, B, 4, for definition)
- Two (2) signs may counted as a single
billboard, if the signs are placed back-to-back.
- The maximum height of the signs shall
be no higher than that permitted in the district in which the billboard is
located.
- No billboards may be located within
five hundred (500) feet of another billboard.
- The
billboard may be illuminated, however, such illumination shall be so arranged
as to not cause a hazard to drivers on the adjacent roadway.
- No animation or moving parts may be permitted, nor any flashing lights,
or intermittent lights that may simulate movement.
D. Cemeteries.
- Minimum lot size of three (3) acres is required.
- Plan
must show any interior roads, and plot areas.
- A
five (5) foot tall fence is required along any property line not adjacent to a
road right-of-way.
- One
(1) sign is permitted that must conform with the district restrictions for
signs.
- The property location
shall be such that at least one (1) side of the property abuts and has access
to a county road.
- The parking lot shall be screened with a proper greenbelt in accordance with Section 3.10.
F. Clubs, lodges, and fraternities, including
but not limited to, gun and shooting clubs for the exclusive use of its
members.
- The
main building shall be setback at least two hundred fifty (250) feet from all
property lines.
- Hours of operation for outdoor
activities: 9:00 a.m. to sundown.
- The
use shall not be located any closer than one-quarter (1/4) mile from any church
or school.
- Rifle, pistol, and archery ranges shall
have adequate backstops.
G. Commercial outdoor recreation facility.
- Minimum
lot size of three (3) acres.
- All
outdoor lighting shall be directed away from, and shall be shielded from
adjacent parcels.
- All
adjacent parcels shall be screened with a proper buffer or greenbelt, as
outlined in Section 3.10, to afford adjacent property owners protection from
noise, light, dust, or other nuisances.
- Accessory
retail sales may be permitted, but limited to the sale of goods specific to the
recreation facility.
- Trash
containers shall be enclosed by a structure screened on at least three (3)
sides.
H. Commercial schools including, but not
limited to, dance, music, trade, and martial arts.
The use shall meet the
general standards for special land uses outlined in section 16.04, the general
provisions for all uses, and the requirements for the district in which the use
is located.
I. Commercial storage (mini-storage units).
- No more than eighty five percent (85%)
of the lot may be covered by buildings, on-site driveways, parking and loading
areas, and vehicular circulation aisles.
- Parking
and circulation:
a. One
parking space shall be provided for each ten (10) storage cubicles, and shall
be equally distributed throughout the site.
b. All
driveways, parking and loading areas, and vehicular circulation aisles shall be
paved or treated so as to prevent dust.
- A six (6) foot fence may surround the property. The fence shall be aesthetically pleasing,
and be made of an acceptable material, such as but not limited to, redwood,
cinder block, or chain link with slats.
The fence, with gate, must be setback at least forty (40) feet from the
road right-of-way.
- The use shall be fully screened from adjacent residential uses with a
proper buffer or greenbelt, as outlined in Section 3.10.
- The facility shall be fully lighted to insure optimal security. Any lights shall be shielded to direct light
onto the use establish, and away from the adjacent properties.
- An office may be permitted on site, but the office area shall be
included in calculating the lot coverage.
- In addition to any standards in this section, outside storage shall
also comply with the following:
a. Must
be at the rear of the property, at least one hundred (100) feet from the front
property line, and not in any required yard.
b. A
decorative and aesthetically pleasing fence shall be required surrounding the
designated outside storage area, with a minimum height of eight (8) feet.
- No toxic, hazardous, flammable, or explosive materials may be stored in
such a unit.
- The Planning Commission may stipulate additional standards to promote
health, safety, and welfare to the public.
J. Community centers.
- Off-street parking shall be required as outlined for
“Assembly areas, auditoriums, and gymnasiums” in Chapter 15.
- The parcel on which the use is located shall front on at least one (1)
side, on a paved road.
- Any outdoor playground equipment shall be enclosed by a fence at least
four (4) feet in height. Such play area
shall be setback from any property line at least fifty (50) feet.
K. Crop farming.
The use shall meet the general
standards for special land uses outlined in section 16.04, the general
provisions for all uses, and the requirements for the district in which the use
is located.
L. Deer, elk, and other cervine farms.
- The minimum lot size for such a use
shall be forty (40) acres.
- The use shall meet the general standards for special land uses outlined
in section 16.04, the general provisions for all uses, and the requirements for
the district in which the use is located.
- If the population of the deer, elk, other cervine, or a combination of
the aforementioned animals exceeds fourteen (14) per acre, the use must meet
the standards of an Intensive Livestock Operation as outlined in Section 16.07,
X.
M. Drive-through facilities for uses
including, but not limited to, restaurants, banks and other financial
institutions, and personal service establishments like dry-cleaning pick-up
stations and pharmacies.
- Sufficient stacking capacity for the
drive-through portion of the operation shall be provided to ensure that traffic
does not extend into the public right-of-way.
A minimum of ten (10) stacking spaces for each service ordering station
shall be provided. Stacking spaces shall
be located so as to not interfere with vehicular circulation and egress from
the property or parking spaces by vehicles not using the drive-through portion
of the facility.
- In addition to parking space requirements, at least three (3) parking
spaces shall be provided, in close proximity to the exit of the drive-through
portion of the operation, to allow for customers waiting for delivery of
orders.
- Parking areas shall be set back at least one-half the required front
yard setback for the district in which the use is located, and at least twenty
(20) feet from the side and rear lot lines.
- Access driveways shall be located no less than one hundred (100) feet
from the centerline of the intersection of any street or seventy-five (75) feet
from the centerline of any other driveway.
- Trash containers shall be enclosed by a structure screened on at least
three (3) sides.
- Outdoor speakers for the drive through facility shall be
located in a way that minimizes sound transmission toward neighboring property
and uses.
- A proper buffer or greenbelt to screen
the use from any adjacent residential uses, as outlined in Section 3.10.
N. Forest connected industries, including but not limited to,
sawmills, lumber and planing mills, debarking operations, and chipping
facilities.
- All buildings and structures associated
with the use shall be set back at least two hundred (200) feet from all
property lines, however if the use is adjacent to a residential use, the
setback shall be five hundred (500) feet.
- All interior drives and parking areas shall be graded and drained to
prevent ponding on site, and to prohibit storm water from running onto adjacent
property. Further such areas shall be
paved, or so treated to minimize air pollution in the form of dust.
- Outdoor storage of raw material shall be limited to the side and rear
yards of the property, and not within twenty (20) feet of such property lines.
- Outdoor storage areas shall be within a fenced area, such fence shall
be completely opaque, and at least six (6) feet in height, but no higher than
ten (10) feet.
- Access driveways shall be located no less than one hundred (100) feet
from the centerline of the intersection of any street or seventy-five (75) feet
from the centerline of any other driveway.
O. Funeral homes and mortuaries.
- Lighting for parking areas or outdoor activity areas shall
not be a nuisance to adjacent properties.
- An off-street vehicle assembly area shall be provided to be used in
support of funeral processions and activities.
This area shall be in addition to the required off-street parking and
its related maneuvering area.
- No waiting lines of vehicles shall extend off-site or onto any public
street.
- Access driveways shall be located at least seventy-five (75) feet from
the nearest right-of-way line of any intersecting street or from the nearest
edge of any other driveway.
P. Gasoline stations.
Pump islands shall be a minimum of forty (40) feet from any
public right-of-way or property line.
All equipment and activities associated with vehicle service
operations, except those in incidental use, such as air hoses, shall be kept
within an enclosed building..
torage of vehicle components and parts, trash, supplies, or equipment
outside of a building is prohibited.
If retail sales of convenience goods are conducted on the premises,
parking for such uses shall be computed and provided separately for that use.
Canopy roofs shall be permitted to encroach into any required yard,
provided that a minimum setback of twenty (20) feet is maintained, and further
provided that the fascia of such canopy is a minimum of twelve (12) feet above
the average grade. Lighting in such
canopies shall be flush with the underside of the canopy structure.
Access driveways shall be located at least one hundred (100) feet from
the nearest right-of-way line of any intersecting street or seventy-five (75)
feet from the nearest edge of any other driveway.
Where adjoining residentially zoned or used property, buffer or
greenbelt shall be provided along the nonresidential property line, as outlined
in Section 3.10.
The lot area used for parking shall be paved, graded, and drained so as
to dispose of all surface water free from ponding, and not harmful to adjacent
property owners.
Q. Golf courses and country clubs.
- Minimum
lot size of one hundred twenty (120) acres is required for a regulation
eighteen (18) hole golf course, or forty (40) acres for each nine (9) holes of
a par-3 style course.
- The
site shall be so planned to provide all access directly onto or from a major
paved road.
- All
structures associated with the use shall be at least one hundred (100) feet
from any property line abutting residentially zoned land.
- The
off-street parking area shall be so arranged as to provide the most safety for
pedestrians, and ease of vehicular maneuvering.
- The
off-street parking area shall be at least fifty (50) feet from any property
line abutting residentially zoned land.
- Accessory
uses like pro shops, restaurants and lounges, and golf driving ranges may be
permitted.
R. Greenhouses and nurseries.
- All
buildings and structures associated with the use shall be setback at least one
hundred fifty (150) feet from all property lines.
- Outdoor display areas shall be setback at least fifty (50) feet from
all property lines, and shall be limited to an area equal to one-half (½) the
square footage of all buildings on the lot associated with the use.
- A designated outdoor storage area shall be permitted for storage of
machinery, pallets, and other items necessary for the use, provided such area
is in the rear yard, and located no closer than fifty (50) feet to the rear and
side lot lines.
- All interior drives and parking areas shall be graded and drained to
prevent ponding on site, and to prohibit storm water from running onto adjacent
property. Further such areas shall be
paved, or so treated to minimize air pollution in the form of dust.
S. Group day care homes.
Group day care homes shall
meet those applicable standards as determined by the Ordinance Administrator,
for Adult Foster Care Group Homes, in Section 16.07, A.
T. Health and fitness clubs.
The use shall meet the
general standards for special land uses outlined in section 16.04, the general
provisions for all uses, and the requirements for the district in which the use
is located.
U. Storage building for residential and
commercial.
- All Storage shall be within the building.
- The use shall be adjacent to, and have direct access to a paved
road.
- All drives and parking areas shall be graded and drained to
prevent ponding on site, and to
prohibit storm water from running onto adjacent property.
- All driveways, parking and loading areas, and vehicular
circulation aisles shall be paved or
treated so as to prevent dust..
- The use shall be fully screened from adjacent residential uses
with a proper buffer or greenbelt,
as outlined in Section 3.10..
- The Planning Commission may stipulate additional standards to
promote health, safety, and welfare
to the public.
V. Hotels and motels.
- Access driveways shall
be located at least one hundred (100) feet from the nearest right-of-way line
of any intersecting street or seventy-five (75) feet from the nearest edge of
any other driveway.
- Restaurants and retail shops may be
permitted accessory to the hotel or motel.
However, off-street parking for the accessory uses must be provided in
addition to the required parking for the sleeping rooms.
W. Hunting reserves.
- Minimum lot size shall be forty (40)
acres.
- The use shall meet the general standards for special land uses outlined
in section 16.04, the general provisions for all uses, and the requirements for
the district in which the use is located.
X. Kennels.
- Buildings wherein dogs
are kept, dog runs, and/or exercise area shall not be located nearer than one
hundred (100) feet to any occupied dwelling or any building on an adjacent
parcel used by the public and shall not be located in any required front, rear,
or side yard setback area.
- Dog runs and/or exercise area, and buildings where the dogs are
maintained shall be located in the rear yard only.
- Each dog run and/or exercise area shall be separately fenced from the
adjoining dog run and/or exercise area.
- There shall be a fence around the outside perimeter of the dog runs
and/or exercise areas, with a height of not less than six (6) feet.
- Parcel shall be five (5) acres or more in size.
- Such facilities shall be under the jurisdiction of the Markey Township
Planning Commission/Roscommon Animal Control, and subject to other conditions
and requirements of said body deemed necessary to ensure against the occurrence
of any possible nuisance by requiring necessary minimum distances, berms,
additional fencing, soundproofing, and sanitary requirements.
Y. Lumber yards and building material sales areas.
- The principal and accessory buildings
and structures shall not be located within three hundred (300) feet of any
residential use or district property line.
- A proper buffer or greenbelt shall be provided between the subject use,
and any adjacent residential district, in accordance with Section 3.10.
- Any outside storage shall be so screened to obstruct outside vision of
the materials from any public road, or adjacent property.
- Outdoor sales and display areas shall be limited to twenty (20) square
feet for each linear foot of building frontage.
- All interior drives and parking areas shall be graded and drained to
prevent ponding on site, and to prohibit storm water from running onto adjacent
property. Further such areas shall be
paved, or so treated to minimize air pollution in the form of dust.
- Access driveways shall be located at least one hundred (100) feet from
the nearest right-of-way line of any intersecting street or seventy-five (75)
feet from the nearest edge of any other driveway.
Z. Marinas
- There shall be no storage of gasoline,
fuel oil, or other flammable liquids or gases unless said storage facility
meets all local, county, state, and federal EPA regulations.
- No building, structure, dock, or parking area which is part of marina
shall be located closer than fifty (50) feet to any residential lot line.
- Parking facilities shall not be used for the overnight storage of
boats, trailers, or other vehicles.
- On-land boat storage areas shall be either inside an enclosed building,
or fenced and screened following the standards outlined in Section 3.10.
- Accessory restaurants and lounges may be permitted.
- Accessory retail sales may be permitted, except for boat sales.
AA. Medical offices.
- The use shall front
upon a paved public road. All ingress
and egress shall be from said thoroughfare.
- Access driveways shall be located at least one hundred (100) feet from
the nearest right-of-way line of any intersecting street or seventy-five (75)
feet from the nearest edge of any other driveway.
BB. Mining of natural resources.
Mining of natural resources
includes the excavation or mining of sand and gravel; the processing, storage,
loading, and transportation of sand and gravel; the mining of clay; the
extraction of peat or marl; the quarrying of stone; and the mining of
coal. The incidental excavation of sand
and gravel for on-site use only is excluded from the regulations of this
Ordinance, except that the setback and yard requirements for the district shall
be met.
- A
minimum setback for the mining operation of fifty (50) feet from any property
line, and seventy-five (75) feet from any public road.
- The
permanent processing plant and its accessory structures shall not be closer
than 250 feet from any property line or public road.
- When
practicable, the permanent processing plant shall be located within the
excavation area, at a point lower than the general level of the surrounding
terrain, in order to reduce the visual impact of the plant structure.
- Storage
piles of processed material and overburden stripped mining areas shall not be
located closer than fifty (50) feet from any property line, and one hundred
(100) feet from any public road.
- A
minimum of twenty (20) acres is required for the use.
- With
application for the Special Land Use, an Operational Plan must be submitted for
review by the Planning Commission. If
the Operational Plan meets the intent and purpose of this Ordinance, the goals
and objectives of the Township Master Plan, and is consistent with sound
planning principles, the Planning Commission may approve the plan. The plan should provide at least the
following information, but not limited to: the areas to be mined, the location
of permanent structures, locations for storage piles, the points of access upon
public roads, screening, and reclamation plans.
The Operational Plan must be approved prior to issuance of a Land Use
Permit.
- Upon
commencement of mining operations, the mining area shall be enclosed within a
five (5) foot high fence, and “No Trespassing” signs shall be posted at most
one hundred (100) feet apart.
- Sight
barriers shall be provided along all boundaries adjacent to roads which lack
the natural vegetative terrain conditions to effectively screen the mining
operation. The sight barriers shall
consist of one (1) or more of the following:
a. Earth berms which shall be constructed
to a height of five (5) feet above the mean elevation of the centerline of the
public road adjacent to the mining property.
The berm shall have a slope not in excess of one (1) foot vertical to
four (4) feet horizontal, and shall be planted with grass, trees, and shrubs.
b. Screen plantings of coniferous or other
suitable species at least five (5) feet in height, in two (2) rows parallel to
the boundary of the property, with spacing of rows no greater than ten (10)
feet, and spacing of trees within rows no greater than ten (10) feet apart.
c. Masonry walls or solid fences which
shall be constructed to a height at least five (5) feet.
- Noise
and vibration shall not be nuisance to the general health, safety, and welfare
of the residents in Markey Township, and shall be minimized in
their effect on adjacent properties by the proper use of berms, walls, and
screen plantings.
- Air
pollution in the form of dust and dirt shall be kept at a minimum.
- All
equipment used for the mining operation shall be operated in such a manner as
to minimize, insofar as is practicable, dust, noise and vibration conditions
which are injurious or substantially annoying to persons living in the
vicinity.
- Interior
roads serving the mining operation shall be paved, treated, or watered insofar
as is practicable, to minimize dust conditions.
- No
mining shall take place within the specified distance from the margin of any
stream or waterway as established by the Michigan Water Resources Commission,
Department of Environmental Quality.
- All
natural resource extraction areas shall be reclaimed and rehabilitated as soon
as may be practicable after each mining phase has been completed, and in
accordance with the plan approved by the Planning Commission and Township
Board. Reclamation may be conducted
concurrently with phased mining operations, for example, a mined-out phase
section of the area may be undergoing rehabilitation while a second phase may
be undergoing active mining.
- Reclamation
shall be completed in accordance with the plan approved by the Planning
Commission and Township Board within one (1) year after all extraction has been
completed.
a. The excavated area shall not retain
stagnant water
b. The surface of the excavated area shall
be graded or backfilled to produce gently rolling surface that will minimize
wind and water erosion, and be compatible with the adjoining land area
c. The finished grade resulting from
excavation shall not be steeper than one (1) foot vertical to three (3) feet
horizontal
d. Topsoil of a quality equal to that
occurring naturally in the surrounding area, shall be replaced on all excavated
areas, except on roads, beaches, or other planned improvements. The depth of the topsoil shall be at least
four (4) inches deep.
e. Vegetation shall be restored by the
appropriate planting of grass, trees, and shrubs in order to establish a
permanent vegetative cover on the land surface, and to minimize erosion.
f. All processing plant structures,
buildings, stockpiles, and equipment shall be removed from the area no later
than one (1) year after extraction has ceased.
- The
mining company shall post a minimum financial guarantee in the amount of
$10,000 for the first five (5) operational acres. The financial guarantee shall be increased on
the yearly anniversary date of the mining permit at a rate of $2,000 per each
additional operation acre which exceeds the first five. The guarantee shall be provided in one (1) of
the following forms:
a. Cash
b.
Certified check
c.
Irrevocable bank letter of credit
d.
Surety bond acceptable to the Planning Commission.
Upon rehabilitation of mined
acreage, and reduction of net operational area, the bond or security shall be
released in accordance with the amount or security required per acre.
- Inspections
shall be made of the mining site, not less often than twice in each calendar
year, by the Ordinance Administrator.
Failure to correct a reported violation shall be reason for revocation
of the special land use permit.
Additional time for correction of the cited violation may be allowed
upon submission to the Township Board of proof of good and sufficient cause by
the operating company.
CC. Multiple family dwellings.
- 12,000
Sq. Ft. Per Site (Land), 1,000 Sq. Ft. Per Unit or Dwelling, Number of Allowed
Sites (Land) or units (Dwellings) = The total sq. ft. of land divided by 12,000
- If
unit is 2 story, side setbacks would double to allow views of the lake.
- 3
Parking spaces per dwelling (12’ x 24’) for each space. Parking not to encroach into setbacks.
- Outdoor
lighting for parking or activity areas shall be shielded to prevent light from
spilling onto any adjacent property.
- All
interior drives and parking areas shall be graded and drained to prevent
ponding on site, and to prohibit storm water from running onto adjacent
property. Further such areas shall be
paved, or so treated to minimize air pollution in the form of dust.
DD. Municipal airports.
- The
area proposed for the use shall be sufficient to meet the applicable Michigan
Aeronautics Commission and Federal Aeronautics Administration’s requirements
for the class of airport proposed.
- No existing flight obstructions, such as towers, chimneys, or other
tall structures, or natural obstructions outside the proposed airport which
would fall within the approach zone to any of the proposed runways, or landing
strips of the airport.
- Sufficient distance exists between the end of each landing strip and
the airport boundary to satisfy the requirements of the Federal Aeronautics
Administration or any other appropriate agency responsible for authorizing such
uses. In cases where air rights or
easements have been acquired from the owners of abutting properties in which
approach zones fall, satisfactory evidence thereof shall be submitted with the
application.
- Any buildings, hangers, or other structures associated with the use
shall be at least one hundred fifty (150) feet from any lot line.
- The site plan submitted for review and approval shall include in
addition to the requirements of Section 15.01, a layout for the proposed
runways, landing strips or areas, taxi strips, aprons, on-site roads, parking
areas, hangers and other buildings, and the height of all buildings and
structures.
EE. Municipal buildings.
- The
proposed site shall front upon a paved public road. All ingress and egress shall be from said
road.
- Buildings and structures shall be setback at least one hundred (100)
feet from all property lines and street rights-of-way.
- Access driveways shall be located at least one hundred (100) feet from
the nearest right-of-way line of any intersecting street or seventy-five (75)
feet from the nearest edge of any other driveway.
- The use shall meet the general standards for special land uses outlined
in section 16.04, the general provisions for all uses, and the requirements for
the district in which the use is located.
FF. Nursing or convalescent homes.
- All bedrooms shall have a minimum of two hundred (200)
square feet.
- The allowable density of the zoning district may be increased by no
more than fifty percent (50%) for all nursing care units licensed by the state
of Michigan and no more than twenty-five percent (25%) for non-licensed nursing
care and supportive care units.
- All medical waste facilities shall be secured and meet the requirements
of the Michigan Department of Health.
- The site shall front upon a paved road.
The ingress and egress for off-street parking facilities for guests,
patients, employees and staff shall be directly from said road.
- Minimum setbacks for all main and accessory buildings shall be
seventy-five (75) feet.
- Any emergency entrances shall be visually screened from view of
adjacent residential uses by a structure, or by a sight-obscuring wall or fence
of six (6) feet in height. Access to and
from the emergency entrance area shall be directly from a paved road.
- No more than thirty percent (30%) of the gross site area shall be
occupied by buildings.
- All off-street parking areas shall be in the side or rear yard.
- A five (5) foot sidewalk shall be required adjacent to the front
property line beginning at one side lot line, and ending at the other. In the case of a corner lot, the sidewalk
shall run adjacent to the entire road frontage.
- Any outdoor recreation, sitting, or walking areas shall be served by a
five (5) foot wide sidewalk connecting all such areas, with all egress doors on
the main building, the off-street parking area, and the sidewalk adjacent to
the front property line.
- The use shall be supported by certain infrastructure features,
including paved roads, natural gas, and public water and sanitary sewer.
GG. Offices and showrooms for building and
general construction contractors, electricians, plumbers, mechanical
contractors, and similar trades.
- Minimum setbacks of seventy-five (75)
feet for all structures and storage yards shall be required.
- The use shall be in the building where such allied goods are assembled,
repaired, altered, or stored.
- The offices and showrooms shall not occupy more than fifty percent
(50%) of the floor area of the building or space the main use occupies.
- Outside storage shall not be permitted in any required setback area,
and only in the rear of the building.
- The wall facing and visible from the primary street shall be used for
the main entrance, offices, and display area.
- Off-street parking shall be required as provided in this Ordinance for
office uses, plus required parking for the main use.
HH. Places of assembly, including but not
limited to, dance pavilions, auditoriums, and private clubs.
- Off-street
parking shall be required as outlined for “Assembly areas, auditoriums, and
gymnasiums” in Chapter 15.
- Access driveways shall be located at least one hundred (100) feet from
the nearest right-of-way line of any intersecting street or seventy-five (75)
feet from the nearest edge of any other driveway.
- The use shall meet the general standards for special land uses outlined
in section 16.04, the general provisions for all uses, and the requirements for
the district in which the use is located.
II. Planned
unit developments.
- Description
and Purpose.
- The
use, area, height, bulk and placement regulations of this Ordinance are
primarily applicable to the usual situation of one (1) main building on a
lot. In certain large developments,
these requirements might result in situations less in the interest of public
health, safety and welfare than if a controlled degree of flexibility were
allowed. The Planned Unit Development
(PUD), is intended to permit and control the development of planned areas for
various compatible uses allowed by this Zoning Ordinance, and for other
exceptional uses not so provided.
- It
is intended that uses in a PUD shall afford each type of land use reasonable
protection from encroachment or interference by other incompatible land uses,
and that reasonable protection be afforded to uses adjacent to a PUD.
- Under
this Subsection, all proceedings shall be conducted with due consideration for
maintenance of reasonable conditions regarding emission and transmission of
injurious or obnoxious noise, fire or explosion hazard, liquid or solid waste
disposal, vibration, gas fumes, smoke, dust, dirt, litter, odor, light, glare,
traffic congestion, ingress and egress, ease of police and fire protection,
drainage, lateral land support, blighting influence, effect on property values,
light and air, overcrowding of persons, sanitation, general appearance of the
area, surface and ground water quality, and other similar considerations
affecting public health, safety and general welfare of the people of the
surrounding area.
- Objectives
and Qualifying Conditions.
- The
following objectives shall be met by any application for any PUD in order to
realize the inherent advantages of coordinated, flexible, comprehensive, long-range
planning, and development of such planned development:
- To provide more desirable living, shopping, and working environments by
preserving as much of the natural character of the property as possible,
including, but not limited to, open space, stands of trees, brooks, ponds,
flood plains, hills, and similar natural features.
- To encourage the provision of open space and the development of
recreational and, where included in the plan, other support facilities in a
generally central location within reasonable distance of all living units, or
working/shopping outlets.
- To encourage developers to use a more creative and imaginative approach
in the development of areas.
- To encourage underground utilities that can be more efficiently
designed when master planning a larger area.
- To allow phased construction with the knowledge that subsequent phases
will be approved as originally planned, and approved by the Township.
- To promote flexibility in design and permit planned diversification in
the location of structures.
- To promote the efficient use of land to facilitate a more economic
arrangement of buildings, circulation systems, land use, and utilities.
- To combine and coordinate architectural styles, building forms, and
building relationships within the PUD.
- To insure a quality of construction commensurate with other
developments in the Township.
- Any proposed PUD must meet the
following qualifying conditions:
- The tract of land for which a PUD
application is received must be either in one (1) ownership, or the subject of
an application filed jointly by the owners of all affected properties.