Markey Township

 

Chapter 16

October 18, 2004

 

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:

  1. 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.
  2. 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.
  3. The notice shall be given not less than five (5), nor more than fifteen (15) days before the date of the public hearing.
  4. If the name of the occupant is not known, the term “occupant” may be used in making notification.
  5. 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.
  6. 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:

  1. 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.
  2. 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.
  3. 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.
  4. The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.
  5. 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.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. The property shall be consistent with the characteristics of the neighborhood.
  5. 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.
  6. 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.

  1. The establishment shall be serviced by public water and sanitary sewer services, or adequate on-site resources may be used.
  2. The establishment shall be located on property with direct access to a public road.
  3. 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.
  4. Such uses shall only be established in a single-family dwelling.
  5. 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.
  6. 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.
  7. Exterior refuse storage facilities beyond what might normally be expected for a single family detached dwelling shall be prohibited.
  8. Signs for bed and breakfast establishments shall comply with the requirements of the zone district in which the use is located.
  9. The establishment shall contain the principal residence of the operator.
  10. 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.
  11. Meals shall be served only to the operator's family, employees, and overnight guests.

C..         Billboards.  (See Section 15.03, B, 4, for definition)

  1. Two (2) signs may counted as a single billboard, if the signs are placed back-to-back.
  2. The maximum height of the signs shall be no higher than that permitted in the district in which the billboard is located.
  3. No billboards may be located within five hundred (500) feet of another billboard.
  4. The billboard may be illuminated, however, such illumination shall be so arranged as to not cause a hazard to drivers on the adjacent roadway.
  5. No animation or moving parts may be permitted, nor any flashing lights, or intermittent lights that may simulate movement.

D.        Cemeteries.

  1. Minimum lot size of three (3) acres is required.
  2. Plan must show any interior roads, and plot areas.
  3. A five (5) foot tall fence is required along any property line not adjacent to a road right-of-way.
  4. One (1) sign is permitted that must conform with the district restrictions for signs.

E.        Churches.

  1. The property location shall be such that at least one (1) side of the property abuts and has access to a county road.
  2. 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.

  1. The main building shall be setback at least two hundred fifty (250) feet from all property lines.
  2. Hours of operation for outdoor activities: 9:00 a.m. to sundown.
  3. The use shall not be located any closer than one-quarter (1/4) mile from any church or school.
  4. Rifle, pistol, and archery ranges shall have adequate backstops.

G.         Commercial outdoor recreation facility.

  1. Minimum lot size of three (3) acres.
  2. All outdoor lighting shall be directed away from, and shall be shielded from adjacent parcels.
  3. 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.
  4. Accessory retail sales may be permitted, but limited to the sale of goods specific to the recreation facility.
  5. 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).

  1. 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.
  2. 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. 

  1. 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.
  2. The use shall be fully screened from adjacent residential uses with a proper buffer or greenbelt, as outlined in Section 3.10.
  3. 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.
  4. An office may be permitted on site, but the office area shall be included in calculating the lot coverage.
  5. 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.

  1. No toxic, hazardous, flammable, or explosive materials may be stored in such a unit.
  2. The Planning Commission may stipulate additional standards to promote health, safety, and welfare to the public.

J.          Community centers.

  1. Off-street parking shall be required as outlined for “Assembly areas, auditoriums, and gymnasiums” in Chapter 15.
  2. The parcel on which the use is located shall front on at least one (1) side, on a paved road.
  3. 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.

  1. The minimum lot size for such a use shall be forty (40) acres.
  2. 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.
  3. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Trash containers shall be enclosed by a structure screened on at least three (3) sides.
  6. Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.
  7. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

  1. Lighting for parking areas or outdoor activity areas shall not be a nuisance to adjacent properties.
  2. 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.
  3. No waiting lines of vehicles shall extend off-site or onto any public street.
  4. 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.

  1. 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.
  2. The site shall be so planned to provide all access directly onto or from a major paved road.
  3. All structures associated with the use shall be at least one hundred (100) feet from any property line abutting residentially zoned land.
  4. The off-street parking area shall be so arranged as to provide the most safety for pedestrians, and ease of vehicular maneuvering.
  5. The off-street parking area shall be at least fifty (50) feet from any property line abutting residentially zoned land.
  6. Accessory uses like pro shops, restaurants and lounges, and golf driving ranges may be permitted.

R.         Greenhouses and nurseries.

  1. All buildings and structures associated with the use shall be setback at least one hundred fifty (150) feet from all property lines.
  2. 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.
  3. 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.
  4. 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.

  1. All Storage shall be within the building.
  2. The use shall be adjacent to, and have direct access to a paved road.
  3. 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.
  4. All driveways, parking and loading areas, and vehicular circulation aisles shall be paved or treated so as to prevent dust..
  5. The use shall be fully screened from adjacent residential uses with a proper buffer or greenbelt, as outlined in Section 3.10..
  6. The Planning Commission may stipulate additional standards to promote health, safety, and welfare to the public.

V.        Hotels and motels.

  1. 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.
  2. 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.

  1. Minimum lot size shall be forty (40) acres.
  2. 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.

  1. 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.
  2. Dog runs and/or exercise area, and buildings where the dogs are maintained shall be located in the rear yard only.
  3. Each dog run and/or exercise area shall be separately fenced from the adjoining dog run and/or exercise area.
  4. 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.
  5. Parcel shall be five (5) acres or more in size.
  6. 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.

  1. The principal and accessory buildings and structures shall not be located within three hundred (300) feet of any residential use or district property line.
  2. A proper buffer or greenbelt shall be provided between the subject use, and any adjacent residential district, in accordance with Section 3.10.
  3. Any outside storage shall be so screened to obstruct outside vision of the materials from any public road, or adjacent property.
  4. Outdoor sales and display areas shall be limited to twenty (20) square feet for each linear foot of building frontage.
  5. 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.
  6. 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

  1. 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.
  2. 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.
  3. Parking facilities shall not be used for the overnight storage of boats, trailers, or other vehicles.
  4. On-land boat storage areas shall be either inside an enclosed building, or fenced and screened following the standards outlined in Section 3.10.
  5. Accessory restaurants and lounges may be permitted.
  6. Accessory retail sales may be permitted, except for boat sales.

AA.      Medical offices.

  1. The use shall front upon a paved public road.  All ingress and egress shall be from said thoroughfare.
  2. 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.

  1. A minimum setback for the mining operation of fifty (50) feet from any property line, and seventy-five (75) feet from any public road.
  2. The permanent processing plant and its accessory structures shall not be closer than 250 feet from any property line or public road.
  3. 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.
  4. 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.
  5. A minimum of twenty (20) acres is required for the use.
  6. 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.
  7. 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.
  8. 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.

  1. 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.
  2. Air pollution in the form of dust and dirt shall be kept at a minimum. 
  3. 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.
  4. Interior roads serving the mining operation shall be paved, treated, or watered insofar as is practicable, to minimize dust conditions.
  5. 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.
  6. 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.
  7. 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.

  1. 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.

  1. 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.

  1.   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
  2. If unit is 2 story, side setbacks would double to allow views of the lake.
  3. 3 Parking spaces per dwelling (12’ x 24’) for each space.  Parking not to encroach into setbacks.
  4. Outdoor lighting for parking or activity areas shall be shielded to prevent light from spilling onto any adjacent property.
  5. 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.

  1. 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.
  2. 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.
  3. 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.
  4. Any buildings, hangers, or other structures associated with the use shall be at least one hundred fifty (150) feet from any lot line.
  5. 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.

  1. The proposed site shall front upon a paved public road.  All ingress and egress shall be from said road.
  2. Buildings and structures shall be setback at least one hundred (100) feet from all property lines and street rights-of-way.
  3. 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.
  4. 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.

  1. All bedrooms shall have a minimum of two hundred (200) square feet.
  2. 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.
  3. All medical waste facilities shall be secured and meet the requirements of the Michigan Department of Health.
  4. 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.
  5. Minimum setbacks for all main and accessory buildings shall be seventy-five (75) feet.
  6. 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.
  7. No more than thirty percent (30%) of the gross site area shall be occupied by buildings.
  8. All off-street parking areas shall be in the side or rear yard.
  9. 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.
  10. 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.
  11. 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.

  1. Minimum setbacks of seventy-five (75) feet for all structures and storage yards shall be required.
  2. The use shall be in the building where such allied goods are assembled, repaired, altered, or stored.
  3. 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.
  4. Outside storage shall not be permitted in any required setback area, and only in the rear of the building.
  5. The wall facing and visible from the primary street shall be used for the main entrance, offices, and display area.
  6. 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.

  1. Off-street parking shall be required as outlined for “Assembly areas, auditoriums, and gymnasiums” in Chapter 15.
  2. 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.
  3. 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.

  1. Description and Purpose.
  1. 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.
  2. 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.
  3. 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.
  1. Objectives and Qualifying Conditions.
  1. 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:
  1. 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.
  2. 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.
  3. To encourage developers to use a more creative and imaginative approach in the development of areas.
  4. To encourage underground utilities that can be more efficiently designed when master planning a larger area.
  5. To allow phased construction with the knowledge that subsequent phases will be approved as originally planned, and approved by the Township.
  6. To promote flexibility in design and permit planned diversification in the location of structures.
  7. To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities.
  8. To combine and coordinate architectural styles, building forms, and building relationships within the PUD.
  9. To insure a quality of construction commensurate with other developments in the Township.
  1. Any proposed PUD must meet the following qualifying conditions:
  1. 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.