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ARTICLE 5
PLANNING COMMISSION
5.1. Authority
The Township Planning Commission is hereby designated as the
Commission specified in Section 301 (MCL 125.3301) of the Michigan Zoning
Enabling Act, Public Act 110 of 2006 of the State of Michigan, and shall perform
the duties of such Commission as provided in the statute in relationship to this
Ordinance.
5.1.1. PURPOSE. It is generally recognized that zoning
regulations are sufficiently complicated, and that they have enough bearing
on other public and private actions, such as the provision of roads, and
sanitary facilities, that it is necessary prior to the development of any
substantial project for Township Officials to know precisely what the
developer has in mind. The submission and approval of conditions listed in
this ordinance are required for review by the Planning Commission of
proposed uses to ensure that the following concerns are met:
A. The proposed use
will not be injurious to the surrounding neighborhood and will in fact
promote the general health, safety, welfare and character of the Township.
B. There is a proper
relationship between buildings, roads, thoroughfares, easements, public
utilities, proposed service drives, driveways, parking areas and
landscaping and that all improvements are appropriate for the lot size and
configuration.
C. The location of
buildings, outside storage receptacles, parking areas, screen walls, and
utility areas is such that the adverse effects of such uses will be
minimized for the occupants of that use and the occupants of surrounding
areas and shall be so arranged as to permit emergency vehicle access by
some practical means to all sides.
D. It meets township
requirements and standards for grading and surface drainage and for the
design and construction of storm sewers, storm water holding facilities,
water mains, sanitary sewers, and driveway approaches.
E. Sites which
include storage of hazardous materials or waste, fuels, salt, or chemicals
will be designed to prevent spills and discharges of polluting materials
to the surface of the ground, groundwater, or nearby water bodies.
F. Landscaping,
including trees, shrubs, and other vegetative material, is provided to
maintain and improve the aesthetic quality of the site and will achieve a
lasting and desirable improvement to the community.
G. Natural resources
are preserved by developing in a manner which will not detrimentally
affect or destroy natural features such as lakes, ponds, streams,
wetlands, steep slopes, and woodlands.
H. The proposed use
is in compliance with all Township ordinances and any other applicable
laws.
Section 5.2. Site Plan Review
5.2.1. PURPOSE. The intent of this section is to provide
for consultation and cooperation between the developer and the Planning
Commission so that both parties might realize maximum utilization of land
and minimum adverse effect upon the surrounding land uses. Through the
application of the following provisions, the attainment of the Master Plan
will be assured and the Township will develop in an orderly fashion.
5.2.2. AUTHORITY. The Planning Commission may require
certain improvements such as, but not limited to, additional landscaping,
acceleration, deceleration and passing or turning lanes or other
improvements necessary to ensure compliance with the above concerns. A site
plan shall be submitted to the Planning Commission for review and approval
for all of the following:
A. All uses within the following districts:
RM Multiple-Family Residential District
PUD Planned Unit Development
CR Commercial Recreation District
B-1 Neighborhood Business District
B-2 General Business District
I-L Light Industrial District
I-H Heavy Industrial District
B. All special approval uses in all districts.
C. All subdivision, site condominium, condominium or
open space preservation projects.
D. Any use or development for which the submission of a
site plan is required by any provisions of this Ordinance.
E. Any change and/or conversion of use as permitted and
regulated by this Ordinance.
F. Any addition to an existing principal or accessory
building within districts requiring site plan approval subject to the
following provisions:
1. Wherein the proposed addition constitutes an
increase of 1000 square feet or ten (10) percent or more as compared to
the existing building or use, whichever is less.
2. Wherein the proposed addition or expansion would
require a variance from the provisions of this Ordinance no matter what
size the addition or expansion.
3. Wherein the proposed addition or expansion
contributes a change in parking requirements.
5.2.3. REQUIREMENTS. Plans submitted for site plan
approval shall contain all of the following data prior to approval of such
plans by the Planning Commission. Final construction plans must be submitted
to the Building Department and such construction plans must be reviewed and
approved prior to obtaining a Building Permit. Site plans shall consist of
an overall plan for the entire development. Plans for developments of two
acres or less may be submitted on at legal size sheets. For all other plans
the sheet size shall be at least 24" x 36" with plan view drawn to a
reasonable scale. Included on the site plan will be all dimensions and the
following:
A. General Information.
1. Proprietor's
name, address, and telephone number.
2. Date (month,
day, year), including revisions.
3. Title block.
4. Scale.
5. North point.
6. Location map
drawn at a scale of 1" = 2000' with North point indicated.
7. Architect,
engineer, surveyor, landscape architect, or planner's seal.
8. Existing and
proposed lot lines, building lines, structures, parking areas, etc., on
the parcel, and within one hundred (100) feet of the site.
9. Centerline and
existing and proposed right-of-way lines.
10. Zoning
classification of petitioner's parcel and all abutting parcels.
11. Gross acreage
figure.
12. Proximity to
major thoroughfare and/or section corners.
B. Physical Features.
1. Proposed
locations of access drives, street intersections, driveway locations,
sidewalks, signs, curbing, and acceleration, deceleration, and passing
lanes.
2. Location of
existing and proposed service facilities above and below ground,
including:
a. Storage, loading, and disposal areas for
chemicals, hazardous substances, salt and fuels.
b. Water main, hydrants, pump houses, standpipes,
and building services and sizes.
c. Sanitary sewers and pumping stations.
d. Storm water control facilities and structures
including storm sewers, swales, retention and detention basins,
drainage ways, and other facilities, including calculations for sizes.
e. Location of all existing or proposed easements.
3. All buildings with dimensional floor plans,
setback and yard dimensions, and typical elevation views of proposed
structures.
4. Dimensional parking spaces and calculations,
drives, and method of surfacing with proposed cross section.
5. Exterior lighting locations and illumination
patterns.
6. Location and description of all existing and
proposed landscaping, berms, fencing, and walls.
7. Sidewalks and bike paths.
8. Trash receptacle pad location and method of
screening.
9. Transformer pad location and method of screening.
10. Dedicated road or service drive locations.
11. Entrance details including sign locations and size.
12. Designation of fire lanes.
13. Any other pertinent physical features.
C. Natural Features.
1. Existing topography with a maximum contour
interval of two (2) feet indicated. Topography on the site and beyond
the site for a distance of one hundred (100) feet in all directions
shall be indicated.
2. A grading plan showing finished contours at a
maximum interval of two (2) feet, correlated with existing contours so
as to clearly indicate required cutting, filling, and grading.
3. Location of existing drainage courses, lakes,
ponds, wetlands, rivers and streams, including their water surface
elevation, flood plain elevation, and ordinary high water mark.
4. Location of other existing and proposed natural
resource features, including woodlands.
D. Additional Requirements for Multiple-Family, and PUD
Developments.
1. Density calculations by type of unit by bedroom count.
2. Designation of units by type of unit in each building.
3. Carport locations and details where proposed.
4. Specific amount of recreation space and locations.
5. Type of recreation facilities to be provided in recreation
space.
6. If proposed, details of community building and
fencing of swimming pool.
E. Additional Requirements for Commercial and Industrial
Developments.
1. Loading/unloading areas.
2. Gross and useable floor area.
3. Number of employees in peak usage.
5.2.4. PROCEDURE. An application for Site Plan Review
shall be processed in the following manner:
A. Submittal. All site plans shall be submitted to the
Township at least twenty-two (22) days prior to the next regularly
scheduled meeting of the Planning Commission and must contain the
following to be accepted:
1. A signed and complete application including the following:
a. The
applicant’s name and address in full.
b. A signed
statement by the owner that the applicant is the owner or acting in
his behalf.
c. The address
or property description of the property involved.
2. Twelve (12) copies of the site plan.
3. All items as required by this article shown on the site
plan.
4. Required fees.
B. Acceptance. Upon
receipt of the proposed plans, the zoning administrator shall determine if
all of the required information has been submitted, per ordinance
requirements, for acceptance by the Township. Upon acceptance of the site
plan, by the zoning administrator, the Township shall:
1. Forward a copy of the site plan and application to
the Township Planner or Engineer for review.
2. Place review of the site plan on the next Planning
Commission agenda.
3. Forward a copy of the site plan and application to
each Commission member.
C. Review. Upon
receipt of the site plan the Planning Commission shall review the plan at
their next regular meeting and thereafter approve or deny the site plan as
follows:
1. If extensive
revision to the site plan is necessary to meet the Ordinance and
regulation requirements, the site plan shall be denied or tabled and the
applicant requested to prepare an alternate site plan.
2. Upon
determination of the Planning Commission that a site plan is in
compliance except with minor revisions, the Planning Commission may
grant conditional approval. All revisions must be clearly delineated on
copies required to be filed with the Township.
3. When a site
plan has been reviewed by the Planning Commission and all steps
completed, three (3) copies of the application and plans will be marked
approved or denied for the following distribution:
a. One copy forwarded to the Township Clerk for
permanent record.
b. One copy forwarded to the zoning administrator.
c. One copy forwarded to the applicant.
5.2.5. EFFECT OF APPROVAL. When an applicant receives
final site approval, he must develop the site in complete conformity with
the approved site plan and the following requirements:
A. The site plan approval shall be valid for a period
of one (1) year.
B. If the project is not under construction with a
building permit at the expiration of the approval time, the site plan
approval becomes null and void and the developer shall make a new
application for approval.
C. Should a building permit be issued, site plan
approval shall continue for a period of one (1) year from the date of
issuance of the building permit.
D. Should construction not be completed within the one
(1) year period, site plan approval shall become null and void and the
developer shall make new application for approval, unless an extension is
granted as listed herein.
E. Time extension to site plan approval may be granted
by the Planning Commission upon the receipt of a written request,
submitted prior to the expiration date.
5.2.6. AS-BUILT PLANS. Prior to issuance of a final
certificate of occupancy, one set of as-built plans must be submitted to St.
Clair Township by a registered architect or engineer, presented in a media
form acceptable to the Township, containing the following:
A. As-built storm system plans shall indicate the
offset of storm sewers from the property lines and shall include, but not
be limited to, length of sewer, invert elevation, rim elevation,
percentage of grade, manhole location, sewer material and joints used.
Locations shall be shown on the plans with an accuracy of ± one (1) foot.
B. As-built sanitary sewer system plans shall indicate
the offset of sanitary sewers from property lines and shall include, but
not be limited to, length of sewer, invert elevation, rim elevation,
percentage of grade, manhole location, sewer material and joints used.
Locations shall be shown on the plans with an accuracy of ± one (1) foot.
C. As-built water system plans shall indicate the
offset of water mains from property lines and shall locate gate valves,
hydrants and all water system appurtenances from the nearest property
corner. In addition, all underground appurtenances, such as gate valve
wells, meter pits, pressure reducing valve pits, etc., shall be located
from the nearest hydrant that is connected to the same water main as the
appurtenance. Locations shall be shown on the plans with an accuracy of ±
one (1) foot.
D. All plans shall list the type, brand name and
lengths of pipe, hydrants, gate valves, etc., used.
5.2.7. CONDITIONS AND SAFEGUARDS. The Planning Commission
or the Township Board may impose such additional conditions and
safeguards deemed necessary to ensure compliance with the stated purposes of
this Ordinance.
A. In the case of
subdivisions or site plans reviewed by the Planning Commission, requiring
the installation of publicly owned and maintained roads and utilities,
building permits shall not be issued prior to the submittal of a
performance guarantee as required elsewhere in the ordinance. Permission
for the issuance of building permits shall be granted by resolution of the
Township Board after review and approval of the project.
B. A full Certificate of Occupancy shall not be granted
until all improvements shown on the approved site plan have been completed
in accordance with the requirements imposed by the Planning Commission and
the Ordinance.
C. Upon a finding by the Zoning Administrator that
certain improvements cannot be completed due to seasonal or other factors
beyond the control of the developer and that a temporary occupancy will
not involve a health or safety hazard, a Temporary Certificate of
Occupancy may be issued, subject to the submittal of a performance
guarantee as required elsewhere in the ordinance, to assure completion of
all required improvements.
D. Existing or proposed developments which have
received approval from the Planning Commission, as required herein, shall
not be changed unless the proposed revisions are approved as originally
required by site plan review. This provision shall apply to the specific
improvements depicted on the approved site plan, such as but not limited
to the following:
1. Principal and/or accessory buildings or structures
including swimming pools.
2. Parking lots and service drives.
3. Rubbish pick-up areas.
Section 5.3. Special Use Approval Review.
5.3.1. PURPOSE. The formulation and enactment of this
Ordinance is based upon the division of the Township into districts with
specified permitted uses. In addition to such permitted compatible uses,
however, there are certain other uses which may be necessary or desirable to
allow, but due to their actual or potential impact on neighboring uses and
public facilities there is a need to carefully regulate them with respect to
their location for the protection of the community. These uses, due to their
peculiar locational need or the nature of the service offered, may have to
be established in a District where they cannot be reasonably allowed as a
permitted use.
The Planning Commission shall review the particular
circumstances and facts of each proposed use in terms of the following
standards and shall find and record adequate data, information and evidence
showing that such use on the proposed site, lot or parcel meets the
requirements given for specific uses in later sections of this article, if
applicable, and the following requirements:
A. It will be in
accordance with the general objectives, intent and purposes of this
Ordinance and the Master Plan.
B. It will be
designed, constructed, operated, maintained and managed so as to insure
compatibility with existing or intended character of the general vicinity
and to promote the use of land in a socially and economically desirable
manner.
C. It will be served
adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal,
or that persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such service.
D. It will not be
hazardous or disturbing to existing or future neighboring uses.
E. It will be in
accordance with all required conditions of the District in which it will
be located.
5.3.2. AUTHORITY. The Planning Commission shall have the
authority to grant special use permits, subject to such conditions of
design, operation and safeguards as the Township may determine, for all
special approval uses specified in the various provisions of this ordinance
5.3.3. REQUIREMENTS. Requests for Special Use Approvals shall
contain the following:
A. Application. All
applications for special use approval shall be submitted to the Township
at least twenty-two (22) days prior to the next regularly scheduled
meeting of the Planning Commission and must contain the following to be
accepted:
1. A signed and complete application including the following:
a. The
applicant’s name and address in full.
b. A statement
that the applicant is the owner or acting in his behalf.
c. The address
or property description of the property involved.
2. Twelve (12) copies of all exhibits and information.
B. Site Plan. The
submittal of a site plan shall be required for Special Use Approval, in
compliance with all the conditions listed in the Ordinance for site plan
approval, with the following exception:
1. The Planning
Commission shall have the authority to grant special use approval
subject to submittal and approval of a Site Plan provided sufficient
information is submitted to adequately describe the nature of the
special land use request.
C. Acceptance. Upon receipt of the above application,
the zoning administrator shall determine if all of the necessary
information has been submitted for acceptance and review by the Planning
Commission. Upon acceptance of the application by the Zoning
Administrator, the Township shall:
1. Forward a copy of the application and the site
plan if included, to the Township Planner and/or Engineer as necessary
for review.
2. Schedule the review of the site for the next
available regularly scheduled meeting of the Planning Commission and
hold a Public Hearing with notice, in compliance with the requirements
set forth herein the Ordinance.
3. Forward a copy of the information and application
to each Commission member prior to the public hearing.
5.3.4. PUBLIC HEARING & NOTICE. Following the acceptance
of an application by the Township, a Public Hearing shall be held by the
Planning Commission for the Special Use Approval request, with a Notice of
Public Hearing given as follows:
A. Publication. The
Township shall publish a Notice of Public Hearing in a newspaper of
general circulation in the local unit of government not less than 15 days
before the date of the public hearing. The Notice of Public Hearing shall
include the following information:
- Describe the nature of the request, including the proposed use.
- The street address of all properties that are the subject of the request
or the parcel number or other common form of identification, where a street
address is not available.
- State when and where the public hearing for the request will be held.
- State when and where written comments will be received and information
concerning the request may be viewed.
B. Mail Notice. The public notification shall also
include the Notice of Public Hearing to be sent by regular first class
mail or personally delivered, not less than 15 days before the date of the
public hearing, containing the information required in this ordinance for
publication, to the following as listed:
- To each electric/gas/pipeline public utility company, telecommunication
service provider and railroad operation within the affected zoning district
and the manager of each airport within the Township, provided the designated
entity has registered their name and address with the Clerk for the purpose
of receiving zoning public hearing notices.
- The applicant and the owners of all property for which approval is being
considered.
- To all persons to whom real property is assessed within 300 feet of the
property and to the occupants of all structures within 300 feet of the
property, for which approval is being considered, regardless of whether the
property or occupant is located in the zoning jurisdiction.
C. Posted Notice. If the public hearing is not held on
the regular meeting date, notice shall be posted at the township hall a
minimum of 18 hours prior to the public hearing.
- File Affidavits. A record is to be kept of publication, mailing and
posting of the notice of public hearing in the Township records.
E. Public Hearing. Upon acceptance of the special use
approval application and fulfillment of the Public Hearing and Notice
requirements, the Planning Commission shall hold a Public Hearing and
shall review a request for special land use approval as follows:
1. Deny or table
the request if the facts in the case do not establish beyond a
reasonable doubt that the intent and standards of the Ordinance will not
be met.
2. Approve the
request if the applicant has submitted a site plan for a proposed use in
full compliance with the Ordinance and the stated purpose and intent of
the Ordinance.
3. Approve with
additional conditions deemed necessary to ensure compliance with the
stated purposes and intent of the Ordinance.
4. Statement of Fact. A statement of facts shall be
recorded containing the findings and conclusions relative to the special
land use specifying the basis for the decision and any conditions
imposed to ensure compliance with the stated purposes and intent of the
Ordinance.
5.3.5. EFFECT OF APPROVAL. When an applicant receives
special use approval, he must develop the site in complete conformity with
the approved site plan within the time frame stated as follows:
A. Voiding of
Special Approval Use Permit. Any approval given by the Planning commission
shall lapse and cease to be in effect as follows:
1. Special use
approval granted under condition of site plan review, during which time
site plan approval is not received within 6 months, or an extension is
not received as set forth in the ordinance.
2. Expiration of
site plan approval as listed in the ordinance for site plan review.
B. Extension. The
Planning Commission may grant the applicant up to a six month extension of
time, upon the receipt of a written request, when requested prior to the
expiration date.
Section 5.4. Special Approval Uses.
The following special land uses may be permitted subject to
all requirements as specifically listed in this ordinance.
5.4.1. OUTDOOR THEATERS. Outdoor theaters are allowed in
the General Business (B-2), Light Industrial (I-L) and Heavy Industrial
(I-H) Districts subject to the following extra standards:
A. Because outdoor
theaters possess the unique characteristics of being used only after
darkness and since they develop a concentration of vehicular traffic in
terms of ingress and egress from their parking area, they shall only be
permitted when the site in question is surrounded by a non-residential
District.
B. The proposed
internal design shall receive approval from the Building Inspector as to
adequacy of drainage, lighting, screening and other technical aspects.
C. Points of ingress
and egress shall be available to the outdoor theater from abutting major
thoroughfares and shall not be available from any residential street.
D. All vehicles
waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or to stand within a
dedicated right-of-way.
E. The area will be
laid out so as to prevent the movie screen from being viewed from
residential area or adjacent major thoroughfares. All lighting used to
illuminate the area shall be so installed so as to be confined within, and
directed onto the premises of the outdoor theater site.
F. All sides of the
development not abutting a major thoroughfare shall be screened with a
fence or wall so as to obscure from view all activities within the
development.
5.4.2. RACE TRACKS, AUTO, DOG, HORSE, ETC... Race tracks
(including midget, auto, motorcycle and go-kart tracks) are allowed in the
Heavy Industrial (I-H) District subject to the following extra standards:
A. Because race
tracks develop a concentration of vehicular traffic in terms of ingress
and egress from their parking areas and cause noise levels which may
project beyond the property so used, they will be permitted when located
adjacent to major thoroughfare and will be located on a parcel of land
which is abutting land zoned for industrial purposes on all sides of the
parcel in question.
B. All parking shall
be provided as off-street parking within the boundaries of the
development.
C. All access to the
parking areas will be provided from a major thoroughfare.
D. All sides of the
development not abutting a major thoroughfare shall be screened with a
fence or wall so as to obscure from view all activities within the
development.
5.4.3. ADULT BOOKSTORE, ADULT MOTION PICTURE THEATER,
MASSAGE PARLOR AND CABARET CONTROLS. The above uses where permitted are
allowed in the General Business (B-2) District subject to the following
extra standards:
A. Recognizing that
because of their nature, some uses have objectionable operational
characteristics, especially when concentrated in small areas, and
recognizing that such uses may have a harmful
effect on adjacent areas, special regulation of these
uses is necessary to insure that these adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhood. For the
purpose of these regulations the following terms are defined as follows:
1. Adult
Bookstores: An establishment wherein more than twenty (20%) percent of
its stock in trade is comprised of books, magazines, or any such printed
or photographic media having as dominant theme matter, depicting,
describing or relating to "Specified Sexual Activities" or "Specified
Anatomical Areas" as hereinafter defined.
2. Adult Motion
Picture Theater: An enclosed building used exclusively for presenting
material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "Specified Sexual Activities" or
"Specified Anatomical areas" as hereinafter defined for observation by
patrons therein.
3. Cabaret: Any
place wherein food and any type of alcoholic beverage is sold or given
away on the premises and the operator thereof holds a yearly license to
sell such beverages by the glass and which features topless dancers,
go-go dancers, exotic dancers, strippers, male or female impersonators
or similar entertainers.
4. Massage Parlor:
An enterprise of a non-medical nature specializing in the manipulation
of body tissues (as by rubbing, stroking, kneading or tapping) with the
hand or an instrument.
5. Specified
Anatomical Areas: Human genitals, pubic regions, buttock, and female
breast less than completely and opaquely covered; human male genitals in
a discernibly turgid state, even if completely and opaquely covered.
6. Specified
Sexual Activities: Human genitals in a state of sexual stimulation or
arousal; acts of human masturbation, sexual intercourse or sodomy;
fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
B. It shall be
unlawful to establish any adult bookstore, adult motion picture theater,
massage parlor or cabaret except in the General Business (B-2) District.
C. No such uses may
be permitted in the General Business (B-2) District within one thousand
(1,000') feet of any residential District measured from the lot line of
the location of the proposed use.
D. Any of the above
stated uses shall not be located within a one thousand (1,000') foot
radius of any other such use.
E. The Planning
Commission may waive this location provision if the following findings are
made:
1. That the
proposed use will not be contrary to the public interest or injurious to
nearby properties and that the spirit and intent of this Ordinance will
be observed.
2. That the
character of the area shall be maintained.
3. That all
applicable regulations of this Ordinance will be observed.
4. That no adult
bookstore, adult motion picture theater, massage parlor or cabaret is
located within one thousand (1,000') feet of the proposed location.
F. Anything herein
to the contrary notwithstanding, the Planning Commission shall not
consider the waiver of the locational requirements as herein above set
forth until a petition shall have been filed with the Township Clerk and
verified as to sufficiency. Such petition shall indicate approval of the
proposed regulated use by fifty-one (51%) percent or more of the persons
owning property within a radius of one thousand (1,000') feet of the
location of the proposed use as measured from the lot line. The
petitioner, or his agent, shall attempt to contact all eligible property
owners within this radius and must maintain a list of all addresses at
which no contact was made.
G. The petition
required above shall contain an affidavit signed by the party circulating
such petition attesting to the fact that the petition was circulated by
him and that the circulator personally witnessed
the signatures on the petition and that the same were
affixed to the petition by the person whose name appeared thereon and that
the circulator believes that the signers of such petition are persons
owning property within one thousand (1,000') feet of the premises
mentioned in said petition. Such petition shall also comply with such
other rules and regulations as may be promulgated by the Planning
Commission.
5.4.4. QUARRIES. Because the commercial removal of soil,
sand, gravel, stone and other earth materials is likely to involve
substantial amounts of nuisance (primarily noise and dust, with resulting
air pollution) and large amounts of trucking and in some (but not
necessarily all) cases the land is spoiled for any subsequent use with
resulting loss of taxable revenues, such use shall be permitted only in the
Heavy Industrial (I-H) or Rural (RU) Districts and shall further be subject
to the following extra standards:
A. There shall be
not more than one (1) entrance way from a major thoroughfare to said lot
for each five hundred (500') feet of street frontage.
B. Such removal,
processing, transportation, and activities relating to storage such as
stockpiling shall not take place before 7:00 a.m. or after sunset.
C. On said lot, no
digging or excavating shall take place closer than one hundred (100') feet
to any lot line or public right-of-way.
D. On said lot, all
roads, driveways, parking lots, and loading and unloading areas within one
hundred (100') feet of an lot line shall be paved, oiled, watered, or
chemically treated so as to limit adjoining lots and public roads the
nuisance caused by wind-borne dust.
E. Any odors, smoke,
fumes or dust generated on said lot by any digging, excavating,
processing, stockpiling, or transportation operation and borne or able to
be borne by the wind shall be confined within the lines of said lots as
much as is possible so as not to cause a nuisance or hazard on any
adjoining lot or public road and shall conform to the Township Ordinance
"Performance Standards"
F. Such removal
processing or storage shall not be conducted as to cause the pollution by
any material of any surface or subsurface, water-course, or water body
outside the lines of the lot on which such use shall be located.
G. Such removal
processing or storage shall not be conducted as to cause or threaten to
cause the erosion by water of any land outside of said lot or of any land
on said lot so that earth materials are carried outside of the lines of
said lot, that such removal shall not be conducted as to alter the
drainage pattern of surface or subsurface waters on adjacent property, and
that in the event that such removal, processing or storage shall cease to
be conducted it shall be the continuing responsibility of the owner or
operator thereof to assure that no erosion or alteration of drainage
patterns, as specified in this paragraph, shall take place after the date
of the cessation of operation.
H. All fixed
equipment and machinery shall be located at least one hundred (100') feet
from any lot line and five hundred (500') feet from any residential zoning
District, by that in the event the zoning classification of any land
within five hundred (500') feet of such equipment or machinery shall be
changed to residential subsequent to the operation of such equipment or
machinery, the operation of such equipment or machinery may continue
henceforth but in no case less than one hundred (100') feet from any lot
line or right-of-way.
I. If a commercial
removal of soil, sand , gravel, stone or other earth materials by reasons
of its depth or other conditions constitutes or is reasonably likely to
constitute a danger to public health, safety or welfare, then a fence
shall be erected around it. The fence shall be six (6') feet in height,
shall be
adequate to prevent trespass, and shall be placed no
closer than fifty (50') feet to the edge of any slope.
J. All areas within
any single development shall be rehabilitated progressively as they are
worked out or abandoned to a condition of being entirely lacking in
hazards, inconspicuous, and blended with the general surrounding ground
form so as to appear reasonably natural.
K. The operator
shall file with the Planning Commission and the Township Board a detailed
plan for the restoration of the development area which shall include the
anticipated future use of the restored land, the proposed final topography
indicated by contour lines of not greater interval than five (5') feet,
steps which shall be taken to conserve topsoil, proposed and final
landscaping, and the location of future roads, drives, drainage courses
and/or other improvements contemplated. Said plans shall be subject to
review and modification from time to time by the Planning Commission or
Township Board. The anticipated cost of carrying out the plans for
restoration shall be included with said plans.
L. The operator
shall file with the Township of St. Clair a performance bond, payable to
the Township and conditioned on the faithful performance of all
requirements contained in the approved restoration plan. The amount of the
required bond which will reflect the anticipated cost of restoration shall
be fixed by the Township. The bond shall be released upon written
certification of the Building Inspector that the restoration is complete
and in compliance with the restoration plan.
5.4.5. JUNK YARDS, AUTOMOBILE SALVAGE OR WRECKING YARDS,
WASTE OR SCRAP RECYCLING OPERATIONS AND REFUSE TRANSFER FACILITIES. These
uses are permitted in the Heavy Industrial (I-H) District subject to the
following extra standards:
A. These uses may
only be on land which is abutting land zoned for non-residential purposes
on all sides.
B. All parking shall
be provided as off-street parking within the boundaries of the
development.
C. Any required
front yard setback shall not be used for providing off-street parking but
must be landscaped.
D. All sides of the
development will be screened with an unpierced fence or wall at least
eight (8') feet in height and not less than the height of the materials on
the lot on which a stated use is located.
E. The above
required fence or wall shall be no closer to the lot lines than the yard
requirements for buildings or structures permitted in the District.
F. All waste or
scrap materials shall be exclusively contained behind such fence or wall.
G. All roads,
driveways, parking lots, and loading and unloading areas within such use
shall be paved, oiled, watered or chemically treated so as to limit the
nuisance caused by wind-borne dust to adjoining property and public roads.
5.4.6. SANITARY LANDFILLS. Recognizing that because of
their nature, such uses have objectionable characteristics, and recognizing
that such use may have harmful effect on adjacent properties and the general
welfare of the public, special regulation of this use is necessary to insure
that the objectionable effects of land filling will not contribute to the
blighting or downgrading of surrounding properties and threaten the public
health, safety and general welfare. This use is permitted only in the Heavy
Industrial (I-H) District subject to the following extra standards:
A. The dumping of
garbage or other putrid wastes in the Township of St. Clair shall be
accomplished by the sanitary landfill method of filling land by depositing
in a trench excavated for the above stated waste materials and covering
same with no less than six (6") inches of dirt.
B. The dumping of
said waste materials shall be done in accordance with the licensing
requirements under PA 641 of 1978, Solid Waste Disposal Act, all State
regulations generally and specifically appended to the individual permit
and the following conditions:
1. The dumping of
garbage or other putrid wastes in areas zoned other then Heavy
Industrial (I-H) is prohibited provided that no permit to dump such
waste materials shall be allowed where there are occupied permanent
residences within one thousand (1,000') feet of the property line of the
dumping site.
2. The use of
combustible construction refuse in filling or reclamation of land is
prohibited in any area other than a sanitary landfill.
3. All approach
roads to the dumping or filling sites shall be oiled, hard topped or
otherwise treated to reduce annoyance to surrounding properties by
reason of dust, noise and traffic congestion.
4. Burning or
picking over of rubbish is absolutely prohibited and the operator shall
be held responsible to provide adequate personal at all times it is
necessary to carry out this and other provisions of this Ordinance.
5. All trucks or
other vehicles used to transport rubbish or other refuse or waste
materials shall be tightly enclosed so as to prevent waste materials
from dropping or blowing off transporting vehicles.
6. Any fine ash or
soot-like type of materials that tend to be blown by the wind shall be
immediately covered with backfill and shall remain so covered at all
times.
7. The Township
Board may, upon recommendation of the Planning Commission, require a
fence at least eight (8') feet in height completely enclosing said
dumping or filling operations where, in its opinion, a hazard to the
public health, safety and general welfare occurs. The Township Board
may, in lieu of said fence, require the operator to construct an earth
embankment at least eight (8') feet in high completely surrounding said
operations for the purpose of minimizing annoyance to the surrounding
residents.
8. In no event
shall the operations of a sanitary landfill project above the
established grade of surrounding properties.
9. The Township
Board may, upon the recommendation of the Planning Commission, require
the posting of a performance bond to insure such filling operation will
not pollute the waters of the Township or cause stagnant water to
collect, or create a health hazard, or leave the surface of the land at
the completion of such operation in an unstable condition or unfit for
the growing of turf or other land uses permitted in the zone in which
such filling occurs.
5.4.7. PUBLIC UTILITY BUILDINGS, INCLUDING TELEPHONE
EXCHANGE AND STATIC TRANSFORMER STATIONS, GAS REGULATOR STATIONS, AND OTHER
SIMILAR USES. These uses will be allowed in all districts subject to the
following extra standards:
A. There is no
public business office nor any storage yard or storage building operated
in connection therewith.
B. The exchanges,
transformer stations or transformer mats are located not less than fifteen
(15') feet from any interior side property line, twenty-five (25') feet
from its front property line, and thirty (30') feet from its rear property
line.
C. All required
yards are to be landscaped and maintained.
5.4.8. CHICKENS, RABBITS, SMALL ANIMALS AND OTHER FOWL AS
AN ACCESSORY USE. These uses are allowed in the Suburban Residential
(RS), Mobile Home (MH), Commercial Recreation (CR), Neighborhood Business
(B-1), General Business (B-2), Light Industrial (I-L) and Heavy Industrial
(I-H) Districts subject to the following extra standards:
A. The structure
housing such a use does not contain more than one hundred and twenty (120)
square feet of floor area.
B. The structure
housing such a use is placed in the rear yard.
C. The structure and
area housing such a use is kept in a clean, healthful, and inoffensive
manner.
D. All such animals
must be confined within a structure or fenced area at all times.
E. May be allowed
only on parcels on land of 2.5 acres or more.
5.4.9. AUTOMOBILE SERVICE STATIONS AND REPAIR GARAGES. In
order to regulate and control the problems of noise, odor, light, fumes,
vibration, dust, danger of fire and explosion, and traffic congestion which
result from the unrestricted and unregulated construction and operation of
automobile service stations; to regulate and control the adverse effects
which these and other problems incidental to the automobile service station
may exercise upon adjacent and surrounding areas; and to control the problem
of abandoned stations which are a nuisance as well as a blighting influence
on surrounding properties, the following additional regulations and
requirements are provided herein for automobile service stations located in
the Commercial Recreation (CR), Neighborhood Business (B1), Light Industrial
(I-L) Heavy Industrial (I-H) Districts. All automobile service stations
erected after the effective date of this Ordinance shall comply with all
requirements of this Section. No automobile service stations existing on the
effective date of this Ordinance shall be structurally altered so as to
provide a lesser degree of conformity with the provisions of this Section
than existed on the effective date of this Ordinance.
A. Site
requirements.
1. An automobile
service station shall be located on a lot having a frontage, along a
principal street, of not less than one hundred forty (140') feet, and
having a minimum area of not less than fourteen thousand (14,000) square
feet.
2. An automobile
service station located on a lot having an area of fourteen thousand
(14,000) square feet shall include not more than eight (8) gasoline
pumps and two (2) enclosed stalls for
servicing, lubricating, greasing and/or washing motor
vehicles. An additional two (2) gasoline pumps and/or (l) enclosed stall
may be included with the provision of each additional two thousand
(2,000) square feet of lot area.
3. Gasoline pumps,
air and water hose stands and other appurtenances shall be set back not
less than fifteen (15') feet from all street right-of-way lines.
4. Driveway widths
entering the gasoline station shall have a minimum width of thirty-five
(35') feet.
5. Curbs, in
accordance with standard Township specifications, shall be constructed
on all streets adjacent to the gasoline station site.
6. No signs,
storage nor display of any kind shall be allowed within the street
right-of-way.
7. All exterior
lighting, including illuminated signs, shall be erected and hooded or
shielded so as to be deflected away from adjacent and neighboring
property.
8. There shall be
no parking of damaged motor vehicles except on a temporary basis for
seventy-two (72) hours or less. Junk parts and junk vehicles shall not
be kept on the outside of the building.
9. The parking of
tow trucks shall be permitted only in areas designated on a site plan
per approval of the Planning Commission.
10. There shall be
no outside storage or display of any kind except for the display of new
merchandise related to the primary use of a gasoline station for retail
sale during the house of operation of the gasoline station
11. All repair
activities and equipment shall be enclosed entirely within a building.
12. Where an
automobile service station adjoins property located in any residential
zone, a masonry wall six (6') feet in height shall be erected and
maintained along the service station property line. All masonry walls
shall be protected by a fixed curb or barrier to prevent vehicles from
contacting the wall.
B. Safeguard. All
new automobile service stations or filling stations constructed after the
effective date of this Section shall be required to post cash, a certified
check or letter of credit with the Township of St. Clair in an amount
equal to the estimated cost of demolition and clearance of improvements on
the
premises. Failure to comply with one (1) of the above
mentioned three (3) alternatives shall empower the Township to utilize
said monies for the demolition and clearance of the premises in question.
1. When a
structure designed and used for automobile service station or filling
station purposes ceases to operate on a continuing basis for a period of
one hundred eighty (180) consecutive days, the owner of the premises
shall be served written notice by the Zoning Administrator of the
requirement within sixty (60) days of the date of said notice, to either
(a) resume operation of the premises on a continuing basis as a lawful
automobile service station or filling station, or (b) lawfully convert
said structure to another permitted use in that District, or (c)
demolish said structure and completely remove the debris from the
premises.
2. Abandoned
automobile service or filling stations may be converted to a Principal
Permitted Use in the District in which such station is located, provided
they meet all the required conditions listed in the ordinance for the
use proposed.
5.4.10. CHURCHES. Churches and other facilities normally
incidental thereto are allowed in the Suburban Residential (RS),
Multiple-Family Residential (RM), Rural (RU), Mobile Home (MH) and
Neighborhood Business (B-1) Districts provided:
A. The site is so
located as to have at least one (1) property line abutting a major
thoroughfare of not less than one hundred and twenty (120') feet of
right-of-way width, either existing or proposed, and all
ingress and egress to the site shall be directly onto
said major thoroughfare or a marginal access service drive thereof.
B. The subject
property contains a minimum of one (1) acre and is located outside a
half-mile radius of an existing church site. (This provision does not
apply to churches in the Suburban or Multiple-Family Residential
Districts.)
C. The depth of the
front and rear yard and width of each side yard shall not be less than
fifty (50') feet.
D. Off-street
parking shall be provided in accordance with the requirements of the
provisions of this ordinance as listed under the off-street parking and
loading requirements.
E. Whenever an
off-street parking area is located within fifty (50') feet of an adjoining
residentially zoned property line, a continuous and obscuring screen at
least four feet six inches (4'6") in height, but not more than (6') feet
in height, shall be provided along the sides of the parking area adjoining
such residentially zoned land.
F. The site shall
not be used for dwelling purposes except that residential dwelling
facilities may be provided for full time employees of the church and their
families. For the purposes of this Ordinance such employees will be
considered "full-time" if they receive at least fifty (50%) percent of
their annual "earned" income from the church.
5.4.11. GOVERNMENT OWNED OR OPERATED BUILDINGS OR USES.
Government buildings and uses are allowed as special approval uses in the
Suburban Residential (RS), Rural (RU), Mobile Home (MH), and Commercial
Recreation (CR) Districts provided:
A. The depth of the
front and rear yard and the width of each side yard shall not be less than
fifty (50') feet.
B. Off-street
parking shall be provided in accordance with the requirements of the
provisions of this ordinance as listed under the off-street parking and
loading requirements.
C. Whenever an
off-street parking area is located within fifty (50') feet of an adjoining
residentially zoned property line, a continuous and obscuring screen at
least four feet (4') in height, but not more than six (6') feet in height,
shall be provided along the sides of the parking area adjoining such
residentially zoned land.
5.4.12. GOLF COURSES. Golf courses are allowed as special
approval uses in the Suburban Residential (RS), Rural (RU), Mobile Home (MH)
and Commercial Recreation (CR) Districts provided:
A. The site is so
located as to have at least one (1) property line abutting a major
thoroughfare of not less than one hundred and twenty (120') feet of
right-of-way width, either existing or proposed, and all ingress and
egress to the site shall be directly onto a major thoroughfare or a
marginal access drive thereof.
B. All development
features including the principal building and any accessory buildings or
structures are so located and related to minimize the possibility of any
adverse effect upon adjacent property. This shall mean a minimum distance
of two hundred (200') feet to the property line of abutting residentially
zoned lands and public rights-of-way provided where topographic conditions
are such that the building would be screened from view, the Planning
Commission may modify this requirement.
C. Major accessory
uses which are generally of a commercial nature, such as a restaurant and
bar, shall be housed in a single building with a club house. Minor
accessory uses which are strictly related to the operations of the golf
course itself, such as maintenance garage and pro shop, may be located in
separate buildings.
D. Whenever a
swimming pool is to be provided, said pool shall be provided with a
protective fence six (6') feet in height and entry shall be by means of a
controlled gate or turn style.
E. Off-street
parking shall be provided in accordance with the other provisions of the
Ordinance.
5.4.13. PRIVATE, NON-COMMERCIAL RECREATIONAL AREAS.
Private non-commercial recreational areas; institutional community or
neighborhood recreation centers; and neighborhood association swimming pools
are allowed as special approval uses in the Suburban Residential (RS), Rural
(RU), and Mobile Home (MH) Districts provided that:
A. The subject
property; is so located as not to hinder the natural and presumed
residential development of the area.
B. The depth of the
front and rear yards and the width of each side yard shall not be less
than fifty (50') feet.
C. Off-street
parking shall be determined on the basis of one (1) parking space for
each five hundred
(500) square feet of land area devoted to these uses.
Off-street parking shall be provided in accordance with the other
provisions of the Ordinance.
D. Whenever an
off-street parking area is located within fifty (50') feet of an adjoining
residentially zoned property line, a continuous and obscuring screen at
least four feet six inches (4'6") in height, but not more than six (6')
feet in height, shall be provided along the sides of the parking area
adjoining such residentially zoned land.
5.4.14. COMMERCIAL PICNIC GROUNDS, MINIATURE GOLF
COURSES, GOLF DRIVING AND ARCHERY RANGES. Commercial picnic grounds,
miniature golf courses, golf driving ranges, archery ranges or similar uses
for physical and outdoor exercises are allowed as special approval uses in
the Rural (RU) District provided such use is on open land and does not
impair the residential appearance or character of such land. Special use
approval and site plan approval may be granted by the Planning Commission,
for a period not to exceed two (2) years, upon a finding that the use will
not be injurious to the surrounding area, not contrary to the spirit and
purpose of this Ordinance and that:
A. The subject
property is located on a major thoroughfare.
B. The subject
property will act as a buffer or transitional area between a residential
development and an non-residential development.
C. The subject
property is so located as not to hinder the natural and presumed
residential development of the area.
D. The residential
character of the area shall be maintained.
E. Any capital
improvements upon the subject property shall be of a temporary nature to
preclude any unreasonable financial loss should the grant not be renewed
upon expiration.
5.4.15. PUBLIC, PRIVATE OR COMMERCIAL STABLES, KENNELS AND VETERINARY
CLINICS. Public, private or commercial stables containing three (3) or more
horses; kennels and veterinary clinics are allowed as special approval uses in
the Rural (RU) District provided:
A. The subject
property is so located as not to hinder the natural and presumed
residential development of the area.
B. The subject
property contains a minimum of five (5) acres.
C. The stable, barn
or kennel is located one hundred (100') feet from any neighboring
residential use.
D. If the use is of
a commercial nature, that off-street parking shall be provided in
accordance with the requirements of the provisions of this ordinance as
listed under the off-street parking and loading requirements.
5.4.16. NURSERY SCHOOL, DAY NURSERY, AND CHILD CARE
CENTERS. Nursery schools, day nurseries, and child care centers may be
allowed subject to all State and Federal licensing and regulation
requirements when the following conditions are met:
A. that for each child cared for there shall be
provided and maintained a minimum of one hundred and fifty (150) square
feet of outdoor play area.
B. Such play space shall have a total minimum area of not less than
five thousand (5,000) square feet and shall be screened from any adjoining
lot in any residential district.
C. Any such used shall not be permitted in the interior of any
residential block and shall be located on a lot fronting a major
thoroughfare or collector street as these terms are defined in the
Township’s Comprehensive Development Plan.
5.4.17. PUBLIC AND PRIVATE SCHOOLS. Public and private
schools offering curriculum having to do with general or liberal rather than
technical or vocational education are allowed as special approval uses in
the Rural (RU) District provided:
A. The subject
property is so located as not to hinder the natural and presumed
residential development of the area.
B. The subject
property contains a minimum of five (5) acres.
C. The depth of the
front and rear yard and the width of each side yard shall not be less than
fifty (50') feet.
D. Off-street
parking shall be provided in accordance with the provisions of Sections
1801, 1802 and 1803.
E. Whenever an
off-street parking area is located within fifty (50') feet of an adjoining
residentially zoned property line, a continuous and obscuring screen at
least four feet six inches (4'6") in height, but not more than six (6')
feet in height, shall be provided along the sides of the parking area
adjoining such residentially zoned land.
5.4.18. BOARDING AND LODGING HOUSES. Boarding and lodging
houses, as defined in this ordinance are allowed as a special approval use
in he Multiple-Family Residential (RM) District provided the maximum extent
of development shall not exceed twenty (20) roomers per acre of land.
5.4.19. HOSPITALS. Hospitals, as defined in this
ordinance are allowed as special approval uses in the Multiple-Family
Residential (RM) District when the following conditions are met:
A. The site plan
does show that a proper relationship exists between the major thoroughfare
and any proposed service roads, driveways and parking areas to encourage
pedestrian and vehicular traffic safety, and all development features
including the principal building and any accessory buildings, open spaces,
and service roads, driveways and parking areas are so located and related
to minimize the possibility of any adverse effects upon adjacent property.
B. All such
hospitals shall be developed on sites consisting of at least five (5)
acres in area for the first one hundred (100) beds or less plus one (1)
acre for each additional twenty-five (25) beds.
C. The proposed site
shall have at least one property line abutting a major thoroughfare and
vehicular ingress and egress to the site shall be directly onto said
thoroughfare.
5.4.20. RECREATION CENTERS. Recreation centers similar to
bowling alleys, skating rinks, archery ranges, amusement areas, arcades and
similar forms of commercial recreation or amusement are allowed in the
General Business (B-2) District provided they are conducted wholly within a
completely enclosed building.
5.4.21. MOTOR VEHICLE WASHING, CONVEYOR OR NON-CONVEYOR
TYPE. Motor vehicle washing, conveyor or non-conveyor type, is allowed in
the General Business (B-2) District when completely enclosed in a building,
excepting points of ingress and egress, and subject to the following extra
standards:
A. All cleaning
operations shall be completely enclosed within a building.
B. A hard-surfaced
driveway of one (1) or more lanes shall be constructed on the parcel in
such a manner as to provide for a continuous movement of cars into the
washrack.
C. The driveway so
provided shall be not less than ten (10') feet wide for a single lane and
not less than ten (10') additional feet in width for each additional lane.
D. Where only a
single lane is provided, it shall be used for no other purpose than to
provide access to the wash-rack. All lanes provided shall be suitably
protected from interference by other traffic.
E. The total length
of the required lane or lanes so provided for a conveyor type washrack
shall be determined by the overall length of the building, including areas
having side walls but no roof. In any building where the washing operation
moves in other than a straight line, the length of the building, for the
purposes of this section, shall be the distance measured along the
centerline of the conveyor or wash line from the point of entry to the
point of exit from the building. The overall length of the required lane
or lanes, as measured along the centerline, shall be determined in
accordance with the following formula:
F. Where the
building is eighty (80') feet or less in overall length, the total
required lanes shall be not less than four hundred (400') feet in length.
Where the building exceeds eighty (80') feet in length, the length of the
required lane or lanes shall be increased fifty (50') feet for each ten
(10') feet of or fraction thereof by which the building exceeds eighty
(80') feet in overall length.
G. For a
non-conveyor type auto wash, five (5) waiting spaces, each twenty (20')
feet in length, shall be provided for each washing stall on the entrance
side of the stall and two (2) spaces per stall shall be provided on the
exit side for a drying area.
H. The site shall be
designed in such manner that no operations are conducted off the parcel.
I. A building
setback of at least sixty (60') feet is required to be maintained from the
proposed or existing street right-of-way.
J. Ingress and
egress points shall be located at least sixty (60') feet from the
intersection formed by the existing or proposed right-of-way lines,
whichever is greater, and shall be directly from a major thoroughfare.
K. The site shall be
drained so as to dispose of all surface water in such a way as to preclude
drainage of water onto adjacent property.
L. Gasoline sales
shall be permitted on the property provided there is compliance with the
requirements of this section and the requirements listed for automobile
service stations and repair garages.
5.4.22. NEW AUTOMOBILE AND TRUCK AGENCY SALES AND
SHOWROOMS. New automobile and truck agency sales and showrooms are allowed
in the General Business District (B-2) subject to the following extra
standards:
A. The automobile
and truck sales agency must be located on a site having a frontage on a
major thoroughfare of not less than one hundred (100') feet and an area of
not less than ten thousand (10,000) square feet.
B. Ingress and
egress to the outdoor sales area shall be at least sixty (60') feet from
an intersection formed by the existing or proposed right-of-way lines,
whichever is greater.
C. Major repair and
major refinishing shops shall be permitted as accessory when conducted
entirely within an enclosed building.
D. No outside
storage of discarded or salvaged materials, junk vehicles or junk parts
shall be permitted on the premises.
E. The outside
display of new and used automobiles and trucks shall be permitted and such
storage area shall occupy no more than thirty-five (35%) percent of a lot
which is used for vehicle sales.
F. A fifteen (15')
foot landscaped setback shall be provided between any existing or proposed
right-of-way line, whichever is greater, and any outdoor display of new or
used automobiles.
G. All lighting
shall be shielded from adjacent residential districts and the use of open
or base bulbs shall be prohibited.
H. No outside loud
speaker or outside public address system shall be used.
5.4.23 FAMILY DAY CARE HOMES. A family day care home for 12
or less minor children may be allowed
subject to all State and Federal licensing and regulation
requirements when the following conditions
are met:
A. There shall be provided and maintained a total minimum of
not less than 1,800 square
feet of outdoor play area.
B. Such outdoor play area located at the facility providing
care for more than six (6) children
shall be screened from any adjoining residential lot in any
district.
C. Any such facility providing care for more than six (6)
children shall:
1. Not be permitted in the interior of any residential block
and shall be located
on a lot fronting a major thoroughfare or collector street as
these terms are
defined in the Township’s Comprehensive Development Plan.
2. Provide parking as required in the ordinance for off
street parking requirements.
5.4.24. DRIVE-IN RESTAURANT OR OPEN - AIR RESTAURANT.
Drive-in restaurants or open-air restaurants are allowed in the General
Business (B-2) District subject to the following extra standards:
A. A setback of at
least sixty (60') feet from the right-of-way line of any existing or
proposed street must be maintained.
B. Ingress and
egress points shall be located at least sixty (60') feet from the
intersection of any two (2) streets and shall be directly from a major
thoroughfare.
C. There shall be
provided an unpierced brick wall six (6') feet i2n height on all sides of
the premises so used except as provided below; provided said wall or
fence, if required, shall be protected by means of precast concrete wheel
stops or their equivalent, not less than three (3') feet from said wall.
D. On the side of
the property adjacent to the major thoroughfare, the above described wall
shall be reduced to a height of three feet six inches (3'6").
E. A cyclone fence
may be used in lieu of a brick wall on those lines not adjacent to a
street or alley but contiguous to property zoned in an Industrial
classification.
F. No wall shall be
required on that portion of a lot line where there is a building or
structure serving the purpose of a wall. Any such building or structure
located on adjacent property shall be protected from damage by means of
precast concrete wheel stops as specified in item 3 above.
G. When a building
or portion of building is used for said purposes, it must be located not
less than five hundred (500') feet from residentially zoned property.
5.4.25. OPEN-AIR DISPLAY AND SALE OF MOTOR HOMES, CAMPING
TRAILERS, MOTORCYCLES, OR OTHER MOTOR VEHICLE SALES AREAS OTHER THAN TRUCKS,
AUTOMOBILES, AND HOME OWNERS’ GARDENING EQUIPMENT, ETC. Open - Air
display and sale of motor homes, camping trailers, motorcycles or other
motor vehicle sales areas other than trucks and automobiles, home owners’
gardening equipment, etc. are allowed in the General Business (B-2) District
provided the following conditions are met:
A. There is no
outside storage of materials, goods or items other than the primary
vehicles listed above.
B. There be no
display in areas that are required for parking, aisle ways, loading or
sidewalks.
5.4.26. AMUSEMENT PARKS, MINIATURE GOLF COURSES, OUTDOOR
DANCE PAVILIONS, PRIVATE STADIUMS AND SIMILAR COMMERCIAL ENTERTAINMENT
OFFERED OUT OF DOORS OR IN TENTS. Amusement parks, miniature golf courses,
outdoor dance pavilions, private stadiums and similar
commercial entertainment offered out-of-doors, or in
tents are allowed in the general Business (B-2) District provided the
following conditions are met:
A. Sufficient
on-site parking is available for events.
B. All the
conditions for off street parking requirements are met.
5.4.27. GUN CLUBS, SHOOTING AND ARCHERY RANGES. Gun
clubs, shooting and archery ranges are allowed in the Rural District (RU)
subject to the following extra standards:
A. It must be
located on a parcel of five (5) acres or more in area.
B. The said parcel
must be located at least two hundred and fifty (250') feet from a lot line
of any adjacent residential District.
C. All ingress and
egress from said parcel must be directly from a public road.
D. Off-road parking
must be provided.
E. No on-road
parking shall be permitted.
F. All new gun
clubs, shooting and archery ranges and any additions to such uses shall be
designed by an Engineer or Architect licensed by the State of Michigan.
G. All new shooting
ranges shall meet the design standards of the National Rifle Association.
5.4.28. CEMETERIES. Cemeteries are allowed in any District
subject to the following extra standards.
A. The location of a
cemetery shall be permitted in any quarter section of any District when
the quarter section does not have more than fifty-one (51%) percent of its
land area in recorded plats.
B. All access shall
be provided from major thoroughfares.
C. All sides of the
cemetery shall be screened from any residential view by providing a
continuous and completely obscuring wall or fence or buffer strip planting
as required further by this ordinance.
D. Approval shall be
given contingent on a satisfactory drainage plan approved by the Building
Inspector.
E. Any crypt,
mausoleum, or other buildings or structures wholly or in part above the
ground, other than monuments, shall together occupy not more than
twenty-five (25%) percent of the total lot area.
F. No part of any
crypt, mausoleum or other building containing bodies or remains, other
than a subterranean grave shall be less than one hundred (100') feet from
the nearest lot line.
G. The proposed
cemetery complies with all provisions in acts relating to cemeteries
enacted by the people of the State of Michigan.
5.4.29. GAS OR ELECTRICAL TRANSMISSION LINES. High pressure
gas transmission lines and high voltage electric transmission tower lines shall
be permitted in any District subject to the following regulations:
A. General
Regulations.
1. All such
utility lines shall follow existing utility corridors, where possible
and reasonable, as determined by the Township Board after review and
recommendation of the Planning Commission.
2. The loss of any
active agricultural use on property shown as Prime or Unique Farmland on
the Soil Conservation Service’s Important Farmland Map of St. Clair
County shall be minimized to the greatest extent feasible consistent
with the public interest and common good as determined by the Township
Board after review and recommendation of the Planning Commission.
3. Selective
clearing techniques shall be used throughout a utility corridor or
property for installation of towers, lines, pipelines, service roads,
drainage facilities, and similar facilities. Existing vegetation shall
be maintained, whenever possible, throughout the remainder of the
corridor not affected by the actual installation of approved facilities.
4. Non-compliance
with any part of this Ordinance, or any other Township Ordinance, shall
be grounds for the Township acting to withdraw its approval or
conditional approval of any use regulated hereunder and to order such
use to be discontinued.
5. Prior to
commencement of construction, any approvals granted hereunder are not
transferable to others or to successors in interest, without first
applying for such to the Township Board after review and recommendation
of the Planning Commission.
6. The person or
company granted privileges hereunder shall inform the Township Clerk on
a continuing basis of the name, address and phone number of its employee
who is responsible for receiving complaints and communications from the
Township.
7. The existence
of one line or facility approved hereunder does not imply permission to
erect any other lines or facilities other than those originally
permitted.
B. Requirements for
High Voltage Electric Transmission Lines of 120kV or Greater:
1. High voltage electric transmission lines of more
than 345 kV shall not be located closer than five hundred (500') feet to
occupied residences. Existing 345kV lines shall not be energized at a
higher voltage level when located closer than five hundred (500') feet
to occupied residences.
2. Corridor width
shall be a minimum of two (2) times the proposed tower height for all
voltages so that accidental collapse of any tower will be confined to
the utility right-of-way.
3. Where operating
voltages will exceed 345kV, the Township shall evaluate an area one
quarter
(1/4) mile on either side of the proposed electric
corridor. The existing density of occupied dwellings per square mile
shall not exceed one hundred (100) in any two (2) mile segment of this
area. The applicant shall provide maps showing all information necessary
to determine compliance with this standard.
4. The electric
field strength for all voltage levels shall not exceed 0.8 kV per meter
as measured at the edge of the corridor right-of-way.
5. No such line or
system shall cause radio or TV interference within residential dwellings
in the Township, and if such happens it will be considered a public
nuisance, subject to abatement.
6. "Danger-No
Trespassing" signs shall be placed at all road crossings and the
Township Board, after review and recommendation of the Planning
Commission, may require fencing at those road crossings which it
determines are in need of additional protective measures.
7. Any area
destroyed by necessity in the construction of such approved facilities
may be subject to conditions imposed by the Township Board for its
immediate restoration by replanting or similar techniques.
8. Noise. The
pressure level of sounds shall not exceed the following decibel levels
when adjacent to the following types of uses:
SOUND ADJACENT WHERE LEVEL USE MEASURED
65dBA Residential/Agricultural Property Line*
75dBA Commercial/Office Property Line
80dBA Industrial/Other Property Line
a. *Except
where normal street traffic noise levels exceed 65dBA, the use noise
level may equal but not exceed the traffic noise level.
b. The sound
levels shall be measured using a weighted decibel measurement and with
a type of audio out meter approved by the National Institute of
Standards and Technology.
c. Objectionable
noise as determined by the Board of Trustees, of an intermittent
nature, or high frequency sounds, even if falling below the
aforementioned decibel readings, shall be muffled so as not to become
a nuisance to adjacent uses.
9. During the
construction or repair of any facilities approved hereunder, the
following shall be required:
a. All internal
roads shall be kept dust free by chemical treatment,
b. Any damage to
public or private roads, fences, structures or facilities shall be
required immediately.
c. No wastes or
spoils of any kind, such as tree stumps, construction wastes, trash
and the like, shall be left after construction or repair operations
are complete.
d. All
construction operations shall be confined to daylight hours, Monday
through Saturday, unless permitted in writing by the Township Board.
10. At the time a
request is made for approval under this section, the person,
partnership, corporation or public utility shall submit an estimated
time-table for completion of the construction plans to the
Township Board, and specifications of all equipment
and facilities proposed for installation. The Township Board, after
review and recommendation of the Planning Commission, may require a
performance bond with surety or an irrevocable bank letter of credit as
a guarantee of completion of all approved facilities, and an agreement
to indemnify, defend and hold harmless the Township from any claims
arising out of the construction or operation of a project approved
herein.
11. When such
lines or systems interfere with a public road by crossing such or
paralleling such, any person or company, upon five (5) days notice,
shall be required to raise such lines for necessary passage of any barn,
building, house, or other object over the public ways.
12. If any Court
or the Michigan Public Service Commission or other government body finds
that such lines and systems are not necessary, such shall, upon
exhaustion of appeals, be dismantled under regulation by the Township
Board.
13. The Township
may make reasonable requests to require the person or company granted
privileges hereunder to file written reports of the current status of
research on high-voltage electricity, and such reports shall be true and
complete. Any privilege granted hereunder is subject to a continuing
representation by the holder of such that such lines and systems are
safe and have no chance of being detrimental to the health or safety of
any person or the environment.
14. After the
construction of the line is completed and before regular operation is
begun, the operating company shall retain the services of an independent
testing laboratory, which shall test said line for compliance with the
standards contained herein, and submit a report of the test results to
the Township.
5.4.30. PERSONAL USE AIRCRAFT LANDING FIELDS. Landing
field for the personal use of the property owner are allowed in the RU Rural
District subject to the general standards set forth under this ordinance and
the following provisions:
A. Said landing
field is subject to all rules and regulations of the Federal Aviation
Administration and the Michigan Aeronautics Commission which agencies
shall approve the preliminary plans submitted to the Township Planning
Commission.
B. No landing field
for personal use shall be established within five (5) miles of a public
use facility certified by the Michigan Aeronautics Commission without
approval of said Commission. No landing field for personal use shall be
established within a two (2) mile radius of another landing field.
C. All landing
fields shall have a runway with a 1,800 foot landing length in each
direction from a clear approach slope of 20:1 and a 100 foot usable width
with an additional 50 foot minimum width on each side which is free of
obstructions. The approach slope with a width of not less than 200 feet
free of
obstructions. The approach slope with a width of not
less than 200 feet shall be based on a clearance of all objects within the
approach area, including a roadway clearance of 15 feet or 17 feet over a
interstate highway, a railway clearance of 23 feet, and a clearance at the
property line of 25 feet. The landing area shall be marked in accordance
with Michigan Aeronautical Commission standards.
D. No landing field
shall be approved that would interfere with the right of nearby and
adjacent owners and occupants of property to the peaceful enjoyment of
their property.
E. Hazards to
Navigation. No obstruction of whatever character, object of natural
growth, or use of land, upon the premises of the landing field which
prevents the safe use of such facilities for the take off or landing of
aircraft shall be permitted.
F. Yard and
Placement Regulations:
1. The site
shall not abut directly or across a street any RS-1, RS-2, RM, or MH
District.
2. Landing
fields shall be located on a contiguous parcel of land not less than
twenty-five (25) acres in area. The parcel shall have a width of not
less than four hundred fifty (450) feet. The parcel shall have a depth
of not less than 1,800 feet. It is not required that the necessary
clear zones be contained within the site, however, if future
development intrudes upon the required clear zones, use of the landing
field shall immediately cease.
G. Performance
Requirements:
1. All lights
used for landing fields and other lighting facilities shall be
arranged so as not to reflect towards adjoining non-landing field
uses.
2. Prohibited
Uses:
a. The open storage of junked
or wrecked motor vehicles or aircraft shall not be permitted.
b. Use of a
personal use aircraft landing field is limited solely to the single
owner. No commercial activity or operations such as the sale of
gasoline or oil, the soliciting or engaging in charter flying or
student instruction, the provision of shelter or the tie-down of an
aircraft (except for aircraft owned by and for the personal use of
the property owner), the overhaul or repair of an aircraft or of
engines, or otherwise offering aeronautic facilities or services to
the public shall not be permitted on the premises.
c. No personal
use landing field can be constructed unless the property has a
principal residential building.
5.4.31 YARD WASTE COMPOSTING FACILITIES. All requirements and
standards set forth in this section shall be complied with prior to a
special approval use permit and an annual operational permit being issued.
A. Requirements and Standards
1. Site Characteristics
a. Parcel Size:
A parcel to be used for composting shall be a minimum of twenty (20)
acres in size and shall not exceed forty (40) acres for a single
operation. The site shall be capable of accommodating a maximum of
three thousand (3,000) cubic yards of leaves or other yard wastes for
every one (1) acre of land. Adequate space must be provided for
required setbacks, buffers, berms, and drainage systems along with
room for staging areas, initial
processing, windrows, screening areas, curing
areas, storage of finished products, office, storage and service
buildings, internal roads and storm water retention basins.
b. Frontage:
The parcel should have frontage for the entire width of the lot on
a public road; however, applications will be accepted and reviewed for
sites with less than full width frontage. Determinations of acceptance
shall be based upon the characteristics and merits of the particular
site and the ability of the site to protect the general health,
safety, and welfare of the neighboring properties, the community as a
whole, and the developer.
c. Spacing of
Facilities: Minimum spacing of two thousand (2,000) feet shall be
maintained between individual composting operations.
d. Access: The
site must have direct access to an all-season public road and
all-season route. The access route must avoid residential areas.
e. Surrounding
Land Uses: If permitted, the site plan and site management plan shall
clearly denote steps to be taken to mitigate adverse impacts such as
noise, dust, odor, blowing trash, etc. Those sites which abut an
existing residential use shall clearly show on their site plan
steps shall include: existing and augmented
vegetative buffers, use of dust control materials
steps which will be taken to mitigate adverse impacts
such as those listed above. Mitigation
on internal roads, frequent monitoring of windrows
for excessive or unusual odor, turning of compost piles at times when
prevailing winds limit exposure of surrounding residents to odors and
equipment fumes, and rejection of material bags which may contain other
types of contaminants.
f. Platted Lands:
Sites proposed to be located on lands which have been previously
subdivided or platted, in accordance with Public Act 288 of 1967 of the
State Acts, are prohibited.
g. Soils: Soils
considered appropriate for large scale composting operations, include
those listed below which possess common characteristics of loam and
loamy clay textures, slow to moderately slow permeability, high and
moderate available water capacities, rapid to medium water intake rates,
and those capable of facilitating surface and subsurface drainage.
APPROPRIATE SOILS FOR COMPOSTING OPERATIONS AND REQUIRED
DRAINAGE
SOILS SERIES DRAINAGE REQUIRED
Allendale Loamy Fine Sand Surface and subsurface
(AeA)
Avoca Random surface and
Subsurface, as needed
Blount Surface needed
Conover Surface needed
Corunna Surface and Subsurface needed
Lenawee Surface and subsurface needed
Londo Surface needed in depressions
Metamora Random surface and
Subsurface needed
Miami Not needed
Parkhill Surface and subsurface needed
Pert Surface generally needed
Sims Surface and subsurface needed
Requests for establishing composting operations on soil
types other than those listed require review and approval of the Township
Engineer. Consideration of other soil types shall be based upon their
permeability, capacity to absorb water and needed or proposed artificial
drainage. Sites must have the ability to absorb or shed surface and
subsurface water reducing the probability of:
(1) standing water;
(2) seasonal high water tables of less than (1) foot; and
(3) restricting operation of equipment on the site.
h. Flood plains
and Wetlands: Composting operations shall not be permitted within a
100-year floodplain, or within fifty (50) feet of a defined wetland.
The application and site plan submitted in conjunction with a special
approval request shall include a statement and the boundary of
wetlands and/or the 100-year floodplain as appropriate. Final
determinations on the location of wetlands shall be made by the
Michigan Department of Natural Resources (MDNR).
i. Surface
Water: Composting operations must be isolated from navigable waterways
and surface waters including inland rivers, ponds, water courses, and
county drains. Setbacks shall be provided as further required under
the other sections of this ordinance.
j. Airports: The
Federal Aviation Administration, (FAA), in Order 5200-5A, prohibits
the establishment and operation of any waste disposal facility
(including yard waste composting operations) within five thousand
(5,000) feet of the end of a runway (end of pavement) used only by
piston powered aircraft, and within ten thousand (10,000) feet of any
runway end of a runway used by turbine powered aircraft. If the
proposed facility falls within these distances, a letter of compliance
from the appropriate FAA office must be filed with the Township prior
to the consideration of an application for a special approval use
permit.
2. Site
Development. Site development standards are to ensure the orderly and
efficient use of land for composting off-site yard wastes. Orderly and
efficient use of the land encompasses the mitigation of adverse impacts
on the community as a whole, surrounding land uses, the physical or
natural resources common to this site as well as surrounding lands, the
environment, and minimal expenditure of public dollars. These standards
shall be used as a tool or guide by the Planning Commission in
objectively assessing continued compliance with this ordinance.
a. Site Plan: A
site plan must be submitted, reviewed, and approved in accordance with
the Site Plan Review requirements of this Ordinance. A site management
plan shall be submitted along with the site plan, following the format
found in these provisions. Improvements to the site shall be contained
within the site plan. The site plan must illustrate compliance with
all requirements of this and other pertinent ordinances of St. Clair
Township. The site plan also must illustrate the configuration of
activities as well as the flow of materials (compostable material)
within the site. An "as built" site plan shall be submitted by the
developer to the Township Clerk upon completion of all required
improvements, as required herein. The "as built" site plan shall be
certified by a licensed professional engineer and clearly illustrate
consistency with the approved site plan and compliance with all
requirements of this and other pertinent ordinances of the Township. A
determination of consistency and compliance shall be made by the
Township Clerk. A determination of compliance must be made prior to
the release of any portion of the performance guarantee, submitted by
the developer as required by this section, and issuance of a
certificate of occupancy as required by the Township Zoning Ordinance.
b. Setbacks:
1. Structures.
All structures must be illustrated on the site plan and be set back
in accordance with the standards established for the Heavy
Industrial (I-H) District and any additional standards contained
herein.
2. Operation.
The operation itself shall comply with the following setback
requirements:
i. Potable
Water Supply. All operations associated with composting shall be
set back a minimum of two hundred (200) feet from existing wells
and/or well casings.
ii.
Residential Structures. All operations of twenty (20) acres shall
be set back a minimum of five hundred (500) feet from existing
residences. Operations in excess of twenty (20) acres shall be set
back at least on thousand (1,000) feet from existing residences.
iii. Surface
Water. Composting sites must be set back a minimum of one thousand
(1,000) feet from a navigable waterway and a minimum of five hundred
(500) feet
from other surface waters. This setback shall
be maintained in a natural vegetative state. (See "Site
Characteristics - Surface Water" for additional clarification.)
iv.
Wetlands. Composting operations must be set back at least fifty
(50) feet from a wetland as defined by the MDNR. This setback
shall be maintained in a natural vegetative state.
v. Public
Rights-of-Way. Operations must be set back at least one hundred
(100) feet from the front property line and one hundred (100) feet
from any property line running parallel to an improved public
right-of-way.
vi. Property
Lines. Operations and operational activity must be set back from
side and rear property lines which do not parallel an improved
public right-of-way, a minimum of seventy-five (75) feet for
parcels of twenty (20) acres and one hundred (100) feet for
parcels greater than twenty (20) acres. (See setbacks from public
rights-of-way for additional restrictions.)
c.
Drainage/Grading: The site shall be graded in such a fashion as to
eliminate all ponding and have a uniform gradient of 2-3% (2.5 being
optimal, 2% minimum). Artificial drainage, surface and subsurface,
shall be provided in accordance with the information and requirements
found in "Soils" and additional requirements which may be established
by the Township Engineer or Soil Conservation Service. All surface and
subsurface drainage shall be illustrated on the site plan.
1. Elevations.
The site plan shall include both existing and proposed grades and
elevations. These elevations shall be taken at intervals necessary
to ensure proper slopes, grading, and surface drainage will be
provided, but in no instance shall contour intervals exceed two (2)
feet.
2. Retention.
All storm water runoff from the surface as well as that collected
through subsurface drainage systems, stall be retained on site and
designed to be used for watering composting windrows. Storm water
shall be retained in a retention pond or basin and shall not be
released into the local drainage system. This retention pond or
basin shall be clearly illustrated on the site plan as an element of
the storm water management system designed for the site.
3.
Maintenance. The storm water management system shall be designed to
prevent runoff from entering the staging, initial processing,
curing, and final product storage areas. Ponding of water in these
areas, along access roads, or within that area containing active
composting windrows shall be discouraged. Access to these areas by
operational equipment and emergency vehicles shall be maintained at
all times.
d. Buffers:
Setbacks from side and rear property lines shall be maintained as
buffers from surrounding land uses. Property lines shared with
existing residential land uses shall contain adequate vegetation to
screen windrows, staging, and curing areas, as well as outside storage
areas, from the view of residential property while vegetation is in
foliage.
1. Berms. In
lieu of natural vegetation or supplementing with imported
vegetation, a four (4) foot berm within the setback may be
substituted. The berm must be seeded with grass to eliminate erosion
and planted on top with a mixture of evergreens and deciduous trees
planted at minimal intervals of ten (10) feet. Selected plant
materials shall be suitable for the soil types on site.
2.
Identification. Front yards and setbacks shall be landscaped with
grass, trees, and/or bushes and berms. Required setback landscaping
shall be illustrated on the site plan, identifying the location and
species being planted.
e. Access: Site
access shall be controlled by a locking gate at the entrance to the
facility. Gate and accompanying fencing shall be designed as to reduce
the probability of after-hours and illegal dumping on the site.
1. Public
Access. Public access to the site shall be from a public street in
accordance with the requirements of this ordinance.
2. Internal
roads. Internal service roads shall allow for year-round access to
the rear of the property and include, as a minimum, a turn-around at
the terminus of this road. Internal roads or drives open to the
public shall be designed as to accommodate maximum traffic flow with
minimal congestion.
3. Grade.
Internal roads open to the public, as well as service roads which
provide access to the rear of the lot, shall be elevated above
surrounding grade and graded in a manner which allows for adequate
drainage. The road base shall be constructed of stone or gravel or
other material found acceptable by the Township Engineer.
Determinations of acceptability shall be based on the need to
provide all-weather access of emergency vehicles and operations
equipment, and drainage characteristics of the site.
f. Protection of
Soil and Groundwater: Prior to any permits being issued, soil and
groundwater from the site must be sampled and analyzed by an
independent laboratory with results forwarded to the St. Clair County
Health Department.
1. Procedure.
Samples shall be taken at several locations within the proposed site
and at two levels, one shallow and the second, deeper, immediately
above the first encountered aquifer. These samples shall be tested
to establish a base level for chemical contaminants which may be
present in the soil and groundwater. A second test shall be
performed on soil taken from shallow depths in that area which is
proposed to be used for compost windrows. This second test shall be
used to establish a base level for biological oxygen demand (BOD).
If a site is found to contain chemical contaminants at an
unacceptable level, a permit will not be issued until the source of
the contamination is discovered, and the MDNR has made a
determination that the site can be used for the proposed composting
operation.
a. Approval.
Once in operation, composting facilities shall have their soil and
groundwater tested and analyzed for chemical contaminants and BOD
as stated above, by an independent laboratory, results forwarded
to the St. Clair County Health Department, as follows:
i.
prior to a change in ownership; and,
ii.
annually, for all composting facilities operating in St.
Clair Township.
b.
Suspension. If soil or groundwater is found to have levels of
chemical contaminants at a level higher than that found in the
base sample, and if BOD levels tested below existing windrows are
found to be elevated, the facility will be required to refuse
acceptance of additional yard wastes. In placing this restriction
on the facility, St. Clair Township shall also restrict the
removal of finished product from the site until the finished
compost is found not be contaminated above acceptable levels.
Testing of the finished product shall be conducted by an
independent laboratory with the analyzed results forwarded to the
St. Clair County Health Department.
c. Revocation
and reissuance. Once a decision has been made that the level of
chemical contaminants is higher than that found in base samples of
soil, groundwater, and BOD levels, and a determination has been made
by the St. Clair County Health Department and MDNR, upon review of
analyzed data submitted by the independent testing laboratory, that
soil or groundwater is contaminated above acceptable levels, or BOD
levels are found to be at an unacceptable level, St. Clair Township
shall revoke the special approval use permit. In addition, the
annual operational permit, as required in paragraph B.2, shall not
be renewed. The special approval use permit and annual operational
permit shall be reissued once a finding has been made by the MDNR
that the site can once again be actively occupied for this use.
g. Inspection:
The composting facility shall be open to inspection by the local Fire
Inspector, County Health Department officials, and St. Clair Township,
at all times.
1. The
Township may require an annual summer inspection for rodents or upon
receipt of a signed complaint of the sighting of rodents, to be
conducted by a licensed pest control company. Copies of the
resulting report shall be transmitted directly to the Township
Supervisor by the pest control company. If rodents are detected,
appropriate measures shall be taken to capture or exterminate the
rodents in an environmentally-safe manner.
h. Signage: One
non-illuminated ground-mounted sign containing the name and address of
the facility shall be installed in the required front yard. The sign
shall not exceed thirty-two (32) square feet in area and six (6) feet
in height. The entrance shall be provided with a permanent sign,
not-to-exceed twelve (12) square feet in area, displaying hours of
operation and materials accepted. Signs prohibiting dumping,
not-to-exceed one (1) square foot in area,
shall also be installed at seventy-five (75) foot
intervals along the front property lines and along side property lines
if the facility is located on a corner.
i. Storage
Areas: Outside equipment storage areas shall be screened from view
from public streets and abutting residential land uses. Storage of any
equipment or vehicles not directly associated with the primary use of
the land shall be prohibited.
j. Storage of
Contaminants: No more than ten (10) cubic yards of contaminants, as
defined herein, which have been removed from incoming material may be
stored at one time on the site. Contaminants must be stored in an
enclosed container and screened from view from abutting public streets
and surrounding residential land uses. The location of the enclosed
container, and the location and type of screening to be used, shall be
shown on the site plan.
k. Water Source:
Composting facilities must be provided with a source of water for
moisture needed during the composting process. The source and location
shall be illustrated on the site plan.
l. Fencing: A
minimum six (6) foot high chain link fence shall be provided along all
property lines shared with a public right-of-way. Side and rear
property lines perpendicular to a public right-of-way must be provided
with a minimum six (6) foot high chain link fence originating at the
property corner and running one hundred (100) feet along the rear or
side property line.
B. Additional Requirements
1. Administrative
Guidelines. The following data regarding operation of the compost
facility shall be maintained and available at all times for review by
the local Fire Inspector, County Health Department officials, or St.
Clair Township.
a. The name and
address of the company and individual making a delivery as well as the
source
of the material (i.e., residential, commercial,
agricultural), and the city or township of origination for the waste
generated.
b. Type and
quantity of compostable material received from each delivery accepted
at the facility.
c. Quantity,
type, and disposition of contaminants received each month.
d. Number of
vehicles entering site each day.
e. List of
end-product users.
f. A windrow log
shall be kept recording the location of each windrow, the date or days
that the windrow was established, daily temperature and moisture
content readings taken at several locations in the windrow, and
comments on the presence of odors.
g. The
approximate amount of compost and the date compost is transferred from
one stage of the procedure to another, i.e., windrows to screening,
screening to curing piles, and final product produced and subsequently
shipped.
h. Log of
complaints received (if any) and response or action.
2. Application,
Site Management Plan, Closure Plan, Review Fee, and Annual Operational
Permit.
a. Application:
Applications for special approval use permits shall consist of:
1. A site plan
as described herein,
2. A complete
site management plan following the guidelines provided in the
section below;
3. Letters of
consistency and approval from the St. Clair County 641 Solid Waste
Committee, St. Clair County Health Department, and the MDNR Water
Quality Division and Waste Management Division. In addition to
letters of consistency, the applicant shall submit a letter of
acknowledgment from the St. Clair County Road Commission which
indicates that they are fully aware of the proposed project, the
potential impact of the proposed project on the County road system,
that an understanding has been reached between the developer and the
Road Commission concerning mitigation of potential impacts, and that
the County Road Commission has no objections to the project as
proposed;
4. The
required application fee; and
5. Any other
material as may be required by St. Clair Township necessary for
making an informed and objective determination on the ability of the
proposed operation/facility to comply with the intent and standards
of this Ordinance.
Approval of the special approval use permit shall not be
granted without receipt of these letters of consistency and approval and
compliance with this section.
b. Site
Management Plan: Applicants shall submit a site management plan as a
component of their application for a special approval use permit. The
site management plan shall contain, at a minimum, the following
information:
1. Name,
address, and telephone number of the owner or owners of the land of
the subject site;
2. Name,
address, and telephone number of the applicant making a request for
the special approval use permit;
3. Name,
address, and telephone number of person, firm or corporation who, or
which, will be managing the actual composting operation;
4. An outline of
the management structure complete with names, titles, addresses, and
telephone numbers;
5. Location,
size, and legal description of the total land area proposed for such
use;
6. The projected
capacity of the facility, including shredded leaves, grass, and brush.
Targeted quantities to be processed, incoming and outgoing;
7. A statement
on the population intended to be serviced by the facility (where will
the compostable material be received from, evidence of contracts shall
be included), and how this material will be brought to the site;
8. Types of
materials to be composted and what format the material will be
accepted in. Procedures for monitoring incoming and outgoing material,
controlling the disposal or refusal of unacceptable materials.
9. Method of
composting to be used (sheet composting is prohibited);
10. Types and
number of equipment used (i.e., shredders, front-end loaders, windrow
turning machine, screening and shakers, etc.).
11. The
location, type, size, and proposed contents of all fuel storage
facilities, and detail on primary and secondary containment systems
for all hazardous materials stored on site;
12. Personnel:
number to be employed and duties of each;
13. An outline
of the operational cycle and timetable beginning with acceptance of
material on-site to the disposal of the final product. This outline
shall include plans for the pre-processing or staging of material
(i.e., chipping, mixing materials, windrow formation, material
layering, watering), the compost activity (i.e., windrow turning,
monitoring moisture content and temperature, windrow combining, curing
and finishing, including screening), and the distribution of the final
product;
14. Operational
details shall be stated, including the hours of operation and days of
the week that the facility will be open throughout the year;
15. List of the
chemicals or accelerating agents to be used, including bacteria,
fungi, or nitrogen. Include established guidelines for use and storage
of these agents;
16. A statement
on the methods to be used to monitor and ensure protection of the
environment (odor, dust, noise, blowing trash, anaerobic problems,
methane production). This shall include an outline of the necessary
steps which will be taken to reverse a breakdown in the composting
system or pollution problem;
The following performance standards shall be
enacted in an effort to control noxious
odors, noise, vibration, and light so that they
do not cause off-site problems and nuisances:
i. Odors
a. The
emission of noxious odors, odorous matter in such quantities as
to be readily detectable at any point along lot lines, when
diluted in the ratio of one volume of odorous air to four or
more volumes of clean air or as to produce a public nuisance or
hazard beyond lot lines, is prohibited.
b. All
water used by the composting facility shall be drawn from
streams, wells, ponds, or the municipal supply, and be otherwise
free from sulfur or agents which will cause odor.
ii. Noise.
The pressure level of sounds shall not exceed the following
decibel levels when adjacent to the following types of uses:
SOUND ADJACENT WHERE LEVEL USE MEASURED
65dBA Residential/Agricultural Property Line*
75dBA Commercial/Office Property Line
80dBA Industrial/Other Property Line
a. *Except
where normal street traffic noise levels exceed 65dBA, the use
noise level may equal but not exceed the traffic noise level.
b. The
sound levels shall be measured using a weighted decibel
measurement and with a type of audio out meter approved by the
National Institute of Standards and Technology.
c.
Objectionable noise as determined by the Board of Trustees, of
an intermittent nature, or high frequency sounds, even if
falling below the aforementioned decibel readings, shall be
muffled so as not to become a nuisance to adjacent uses.
iii.
Vibration. All machinery shall be so mounted and operated as to
prevent transmission of ground vibration exceeding a displacement
of 0.003 inches as measured at any property line of its source.
iv. Light.
Exterior lighting shall be so installed that the surface of the
source light shall not be visible from any bedroom window, and
shall be so arranged as to reflect light away from any residential
use. In no case shall more than 1-foot candle power of light cross
a lot line five feet above ground into a residential district.
17. Plans for
the disposition of nonmarketable compost;
18. A plan for
the disposition of the final products. This plan shall encompass
targeted users, projected quantities to be produced and distributed,
and the manner of distribution and sales (i.e., retail, individual
bags, truckloads, or wholesale). The applicant shall present to the
Township, a copy of their registration issued by the Michigan
Department of Agriculture as evidence of compliance with PA 634 of
1976, the Commercial Fertilizer Regulation Act;
19. Evidence
on the previous use, or nonuse, of this site for waste disposal;
20. Statements
indicating that the applicant is aware of, has read, and understands
as it applies to the proposed composting operation, Public Acts of
the state of Michigan, including
PA245 of 1929 as amended, the Water Resources Commission Act; PA 348
of 1965 as amended, the Michigan Air Pollution Control Commission
Act; PA 116 of 1974, the Michigan Farmland and Open Space
Preservation Act; PA634 1976, the Commercial Fertilizer Regulation
Act; and PA 198 of 1975, the Fertilizer Act. This plan shall also
include a copy of the applicant’s soil erosion and sedimentation
control permit, as evidence of compliance with Act 347 of 1972 of
the Public Acts of the State of Michigan; and
21. A
contingency operations plan which addresses action to be taken in
the event of a natural disaster, equipment failure, extended adverse
weather, sewer storms, unauthorized receipt or dumping of hazardous
material, or a breakdown in the composting process resulting in
odor, dust, or off-site surface of groundwater contamination. These
plans shall address reserve or alternate equipment, alternative
handling methods, agencies to be contacted or alerted, and
alternative operational plans.
22. An
off-site road maintenance plan which addresses, at a minimum the
following:
a. Method of
dislodging mud and/or composting materials from the vehicles.
Trucks shall be cleaned as often as necessary to prevent nuisances
caused by the tracking of materials off-site.
b. An
on-site traffic control pattern.
c. Method of
removing soil, dust, and debris from off-site roads within 2,500
feet of the composting area entrances and exits.
c. Closure Plan:
A closure plan shall be submitted which shall detail the final end use
of the
property should use of the facility be discontinued
for more than six (6) months. The plan should describe:
1. How the
existing site will be cleaned up.
2. How and
where the existing surface debris will be disposed.
3. What the
final disposition of the land will be.
d. Review Fee: A
fee shall be established by the Township for the review of a special
approval use application. The fee may be sufficient to cover all costs
incurred by the Township in completing its review of the application.
The fee shall be established and periodically reviewed by the Township
Board of Trustees.
e. Annual
Operational Permit: All composting facilities and operations regulated
by this Ordinance shall be subject o an annual operational permit
issued by the Township Board of Trustees. Any violation of this Zoning
Ordinance, or any other appropriate state, county, or local
regulation, or noncompliance with the conditions of the special
approval use permit, shall be grounds for the denial of an operational
permit or its renewal. Renewal of an annual operational permit shall
not be given without receipt of a letter of compliance from the MDNR
Waste Management Division, and from the County Health Department, as
may be required by this section and compliance with and receipt of a
performance guarantee as required in paragraph B.3., of this section.
3. Performance
Guarantee, Required Improvements. St. Clair Township shall require a
cash deposit, certified check, irrevocable bank letter of credit, or
surety bond acceptable to the Township covering the estimated cost of
improvements associated with the project as a guarantee for their
completion. These improvements shall mean those features and actions
associated with the project which are considered necessary, by the body
or official granting zoning approval, to protect natural resources, or
the health, safety, and welfare of the residents of the Township and
future users or inhabitants of the proposed project, or project area.
Improvements shall include
roadways, grading on and off-site, utilities,
fencing, berming, screening, drainage, and source of water. Improvements
do not include the entire project which is the subject of zoning
approval. This performance guarantee shall be returned to the developer
upon completion of required improvements and receipt of an "as built"
site plan, as required by this ordinance.
a. St. Clair
Township shall also require and establish the amount of a performance
guarantee, such as an irrevocable bank letter of credit, or surety
bond acceptable to the Township to assure zoning and special approval
use compliance, to correct breakdowns in the composting system, and to
guarantee restoration in the event of abandonment, the presence or
contamination of the site by hazardous wastes, or other environmental
pollution. A minimum amount of $5,000 shall be established and held as
a performance guarantee. This performance guarantee shall be renewed
each year in conjunction with the renewal of the operational permit.
4. Consistency
with State and County. The proposed facility and operation shall be
consistent with solid waste planning efforts of the State of Michigan
and County of St. Clair. This consistency shall be evidenced by a letter
of consistency issued to the applicant by the MDNR Waste Management
Division and from the St. Clair County 641 Solid Waste Committee.
Approval of the special approval use permit, and the initial operational
permit, shall not be granted without receipt of these letters of
review/approval and compliance with this section.
5. Availability of
Facility. The proposed facility must be available for use by all
residents of St. Clair County during regular operating hours. The
facility shall be open to County residents each Saturday of the month
for a minimum of six (6) hours from April 1st to December 1st. The
operator may charge County residents a fee for tipping and purchase of
finished product.
5.4.32. FOSTER AND OTHER CARE HOMES, FOR OVER 12 RESIDENTS.
An orphanage, foster home, or a home for the aged, indigent or physically
handicapped, a rest or convalescent home is allowed as a special approval use in
the Multiple-Family Residential (RM) District when the following conditions are
met:
A. The specific foster or other care home use must be
clearly identified, registered and licensed by the appropriate State of
Federal agency and may only be changed or altered with Planning Commission
special use approval.
B. All access to the site shall be directly onto a major road
with minimum 66 foot right of way.
C. All such facilities shall be developed on sites
consisting of at least five (5) acres or more, with a minimum of three
hundred thirty (330) foot lot width.
D. No structures shall be constructed on the site other
than structures designed as residential buildings or accessory uses. The
main building must not be located closer than sixty (60) feet to any
property line.
E. The maximum extent of development shall not exceed
twenty (20) persons, patients or residents per acre of land.
F. In addition to providing off-street parking, loading
space and service drives as required per the site plan approval, there
shall also be provided on the site, not less than fifteen hundred (1500)
square feet of
open space for each bed in the home. This land area
shall provide for fencing, berms, landscaping and accessory uses as
determined necessary by the Planning Commission upon site plan review.
This area shall not include the area covered by main or accessory
buildings.
G. Facilities may not be located within a 1500 foot radius of
any existing foster or other care home.
5.4.33. FOSTER AND OTHER CARE HOMES FOR UP TO 12
RESIDENTS. A foster home, nursing or convalescent home or home for the
indigent or physically handicapped for 12 residents or less may be allowed
in the districts listed when the following conditions are met:
A. The specific foster or other care home use must be
clearly identified, registered and licensed by the
appropriate State or Federal agency and may only be
changed or altered with Planning Commission special use approval.
B. All access to the site shall be directly onto a major road
with a minimum 66 foot right of way.
C. All such facilities shall be developed on sites
consisting of at least two (2) acres or more, with a minimum of one
hundred sixty five (165) foot lot width.
D. No structures shall be constructed on the site other
than structures designed as residential buildings or accessory uses. The
main building must not be located closer than forth (40) feed to any
property line.
E. The maximum extent of the development shall not exceed
twelve (12) residents.
F. In addition to providing off-street parking, loading
space and service drives as required per the site plan approval, there
shall also be provided on the site, not less than fifteen hundred (1500)
square feet of open space for each bed in the home. This land area shall
provide for fencing, berms, landscaping and accessory used as determined
necessary by the Planning Commission upon site plan review. This area
shall not include the area covered by main or accessory buildings.
G. Facilities may not be located within a 1500 foot radius of
any existing foster or other care home.
5.4.34 BED & BREAKFAST ACCOMMODATIONS. Bed and breakfast
facilities are allowed in the Residential and Rural zoning districts. The
Planning Commission shall find that at least the following conditions are
met before approving the use:
A. Not more than twenty-five (25) percent of the total
floor area of the dwelling unit shall be used for bed and breakfast
sleeping rooms.
B. There shall be no separate cooking facilities used
for bed and breakfast stay.
C. No sign larger than two (2) square feet identifying
the bed and breakfast shall be permitted.
D. One (1) parking space shall be provided off-street
in the interior side yard or rear yard area for each occupant room.
E. Such off-street parking shall meet the design and
layout requirements of Article VIII.
F. No transient occupant shall reside on premises for
more than fourteen (14) consecutive days and not more than thirty (30)
days in any one year.
G. All such facilities shall comply with all applicable
local, county, and state building, occupant living area, plumbing,
electrical, mechanical, fire, and health codes.
5.4.35. RADIO, TELEVISION AND CELLULAR TOWERS; WIND
ENERGY CONVERSION SYSTEMS. These uses where permitted, will be subject to
all Federal, State and Township regulations:
A. Radio, Television
and Cellular Telephone Towers and Equipment.
1. Setback. The
tower will be setback from all property lines and adjacent right-of-ways
not less than a distance equal to the height of the tower, with no
zoning ordinance restrictions on tower height.
2. Structural
Integrity and Inspection. The building inspector must approve all plans
and may require periodic inspections as follows to ensure structural
integrity:
a. Monopole
towers once every 10 years.
b. Self-support
towers once every 5 years.
c. Guide towers
once every 3 years.
d. Inspections
shall be conducted by a certified testing agency, engineer or
architect licensed by the State of Michigan. The reports of such
inspections shall be provided to the township and based upon the
results of the inspection, the township may require repair or removal
of the tower.
3. Equipment
facilities and Accessory Uses. These facilities may not include offices,
vehicle or other outdoor storage, or broadcast studios or other uses
that are not primarily enclosure or shelters of the above essential
service equipment. The architectural design must be approved by the
Planning Commission as compatible with the surrounding or abutting
districts.
4. Location. No
Tower will be permitted to be located within a 2 and 1/2 mile radius of
another existing tower, or proposed tower having received approval from
the Township.
5. All future
construction of towers are to be Monopole Towers only.
6. Fencing. A
security fence at least six (6) feet in height shall be constructed and
set away from the base of the tower and other on site structures, at
least (10) feet in all directions, as determined necessary by the
Planning Commission.
7. Lighting and
Security. When lighting is required or permitted by the Federal Aviation
Administration or other Federal or State authorities, it shall be
oriented so as not to project onto surrounding residential property.
Prior to site plan review and approval the applicant shall provide
documentation that the proposed tower has been reviewed and is not been
determined to be a hazard by the FAA.
8. Abandonment.
Any such tower standing unused for twelve (12) months or more may be
required to be removed at the expense of the tower owner.
B. Wind Energy
Conversion Systems.
1. Definitions:
a. Wind Energy
Conversion Systems (hereinafter referred to as WECS): Any device which
converts wind energy to mechanical or electrical energy.
b. Wind Rotor:
The blades plus hub to which the blades are attached used to capture
wind for purposes of energy conversion.
c. Tower Height:
The height of the actual tower, plus one-half the rotor diameter on
horizontal axis installations, and on vertical axis installations, the
distance from the base of the tower to the top of the unit.
d. Survival Wind
Speed: The maximum wind speed a WECS in automatic, unattended
operation
(not necessarily producing power) can sustain without
damage to structural components or loss of the ability to function
normally.
2. Permitted
Zones. In any zoning district, the Planning Commission shall have the
power to grant a special permit to allow wind energy conversion systems,
subject to the restrictions contained within this Ordinance. Any special
permit denied by the Planning Commission may be heard by the Zoning
Board of Appeals upon the request of the petitioner for the special
permit.
3. Applicability
of Ordinance. The standards which follow shall apply to systems intended
for the provision of the electrical or mechanical power needs of the
owner/operator of the system; also, such a system shall be for one main
building and its accessory buildings only. For systems intended for uses
other than the above, Planning Commission approval shall be required.
Said approval shall cover the location of the system (shown on a survey
of the property) on the site, the noise generated by the system,
assurances as to the safety features of the system, and compliance with
all applicable state and federal statues and regulations. Planning
Commission
approval shall specifically be required for arrays of
more than one wind energy conversion system and for systems wherein one
wind energy conversion system is intended to provide the electric power
for more than one main building.
4. Standards for
and Regulation of WECS.
a. Construction: Tower construction shall be in
accordance with the latest edition of the Township Building Code, and
any future amendments and/or revisions to same.
b.
Electric-Magnetic Interference (EMI): Wind energy conversion system
generators and alternators shall be filtered and/or shielded so as to
prevent the emission of radio frequency energy which would cause harmful
interference with radio and/or television broadcasting or reception, and
shall comply with the provisions of Title 47, Chapter 1, Part 15 of the
Federal Code of Regulations and subsequent revisions governing said
emissions.
c. Setbacks:
The structural design shall be signed and sealed by a professional
engineer, registered in the State of Michigan, certifying that the
structural design complies with all of the standards set forth for
safety and stability in all applicable codes then in effect in the State
of Michigan and all sections referred to herein above. The minimum
setbacks for such towers from all abutting streets or adjacent property
shall be a distance equal to the height of such tower, that is, the
property setback shall be on a one to one ratio with tower height.
i. The WECS
shall be located a sufficient distance from any overhead utility
lines, excluding service drops, such that a structural failure of any
portion of the WECS or its supporting structure will not cause any
portion of it fall within five (5') feet of utility lines.
d. Maximum Height:
The maximum height permitted (without variance from the Zoning Board of
Appeals) shall be forty (40') feet unless otherwise prohibited by any
state of federal statutes or regulations.
e. Minimum Blade
Height: The minimum distance between the ground and any protruding
blades utilized on a WECS shall be fifteen (15') feet, as measured at
the lowest point of the arc of the blades.
f. Labeling
Requirements: A minimum of one sign shall be posted near ground level on
the tower structure warning of high voltage. In addition, the following
information shall be posted on a label or labels on the generator or
alternator of the WECS.
i. The maximum
power output of the system and the wind speed at which it is
achieved.
ii. Nominal
voltage and maximum current.
iii.
Manufacturer’s name and address, serial number and model number.
iv. Maximum
survival wind speed and the emergency and normal shut down
procedures.
g. Utility Company
Notification: The Detroit Edison Company shall be notified in writing of
any proposed interface with that company’s grid prior to installing such
interface and shall conform with any legislated requirements governing
installations of WECS so as to comply with the Utility Tariff
specifications.
h. Safety:
The WEC’s manufacturers shall document that the WECS model has been
tested and certified by Underwriter’s Laboratory, or other such
applicable independent accrediting agency, and that when installed in
accordance with recommended specifications shall have a maximum survival
wind speed of not less than eighty (80) miles per hour.
i. Noise: The
maximum level of noise to be generated by a WECS shall be fifty (50)
decibels, as measured on the dBA scale, measured at the property line.
j.
Miscellaneous.
i. All
electric line/utility wires shall be buried under ground.
ii. Any
mechanical equipment associated with and necessary for operation,
including a building for batteries and storage cells shall be
enclosed with a six (6') foot fence. The
supporting tower shall also be enclosed with a
six (6') foot fence unless the base of the tower is not climbable
for a distance of twelve (12') feet.
iii. When a
building is necessary for storage of cells or related mechanical
equipment the building may not exceed one hundred forty (140) square
feet in area nor eight (8') feet in height, and must be located at
least the number of feet equal to the height of the tower from any
property line.
iv. The tower
and generating unit shall be kept in good repair and sound
condition. Upon abandonment of use, the tower and related structure
shall be dismantled and removed from the property within sixty (60)
days.
v. Every WECS
shall be insured with minimum liability insurance of one hundred
thousand dollars (100,000) for each occurrence. Proof of insurance
shall be furnished to the Township.
5.4.36. USED AUTOMOBILE AND TRUCK SALES. Used automobile
and truck sales are allowed in the General Business (B-2) District subject
to the following provisions:
A. The used
automobile and truck sales must be located on a major thoroughfare, on a
site having frontage of not less than one hundred (100') feet and an area
of not less than ten thousand (10,000) square feet.
B. Ingress and
egress to the outdoor sales area shall be at least sixty (60') feet from
the intersection formed by the existing or proposed right-of-way lines,
whichever is greater.
C. No outside
storage of discarded or salvaged materials, junk vehicles or junk parts
shall be permitted on the premises.
D. A fifteen (15')
foot landscaped setback shall be provided between any existing or proposed
right-of-way line, whichever is greater, and any outdoor display of used
automobiles or trucks.
E. All lighting
shall be shielded from adjacent residential districts and the use of open
or base bulbs shall be prohibited.
F. No outside loud
speaker or outside public address system shall be used.
Section 5.5. Planned Unit Development.
5.5.1. PURPOSE. The provisions of this article provide
enabling authority and standards for the submission, review, and approval of
applications for planned unit developments. It is the intent of this article
to authorize the use of planned unit development regulations for the
purposes of:
A. Encouraging the
use of land in accordance with its character and adaptability;
B. Conserving
natural resources and energy;
C. Encouraging
innovation in land use planning; providing enhanced housing, employment,
shopping,
D. Traffic
circulation and recreational opportunities for the people of the Township;
E. Bringing about a
greater compatibility of design and use.
5.5.2. REGULATIONS. The following regulations shall apply
to the development of any PUD.
A. Applicable Zoning
Districts. Planned unit development treatment may be applied in any zoning
district.
B. Applicable Uses.
Any land use authorized in this Ordinance may be included in a planned
unit
development, subject to adequate public health, safety,
and welfare protection mechanisms being
designed into the development for the purpose of
effectively dividing varied land uses which have been joined in and/or are
adjacent to the development.
C. Conditions. The
applicant for a planned unit development must demonstrate all of the
following as a condition to being entitled to planned unit development
treatment:
1. Grant of the
planned unit development will result in one of the following:
a. A
recognizable and material benefit to the ultimate users of the project
and to the community, where such benefit would otherwise be unfeasible
or unlikely to be achieved without application of the planned unit
development regulations; or
b. Long-term
protection and/or preservation of natural resources and natural
features of a significant quantity and/or quality in need of
protection or preservation on a local, state, and/or national basis;
or
c. A
non-conforming use shall, to a material extent, be rendered more
conforming, or less offensive, to the zoning district in which it is
situated.
2. The proposed
type and density of use shall not result in an unreasonable increase in
the need for or burden upon public services, facilities, and utilities
in relation to the use or uses otherwise permitted by this Ordinance,
and shall not place an unreasonable burden upon the subject and/or
surrounding land and/or property owners and occupants and/or the natural
environment.
3. The proposed
development shall be consistent with the public health, safety and
welfare of the Township.
4. The proposed
development shall not result in an unreasonable negative economic impact
upon surrounding properties.
5. The proposed
development shall be under single ownership and/or control such that
there is a single person having responsibility for completing the
project in conformity with this Ordinance.
5.5.3. PROJECT DESIGN STANDARDS.
A. Residential
Density. Residential uses shall be permitted with the following maximum
density, based upon the zoning district in which the property is situated
immediately prior to classification under this article.
1. Eight (8)
dwelling units per gross acre in R-U.
2. Ten (10)
dwelling units per gross acre in RS-1.
3. Twelve (12)
dwelling units per gross acre in RS-2.
4. Fourteen (14)
dwelling units per gross acre in RM.
B. Non-residential
Uses. Non-residential uses shall be permitted as part of a common
development with residential units to the extent the applicant
demonstrates by expert analysis, and the Planning Commission finds, in its
discretion, that the non-residential uses shall principally serve the
persons residing in the residential units in the project, provided, the
non-residential uses, including without limitation, parking and vehicular
traffic ways, shall be separated and buffered from residential units in a
manner consistent with good land and community planning principles.
C. District
Applications. For non-residential uses, minimum lot area requirements of
the district in which a use is a permitted principal use shall apply,
subject to the provisions of the immediately following paragraph. All
ambiguities shall be resolved by the Planning Commission.
D. Zoning
Regulations. All regulations applicable to lot size, lot width, setback,
parking and loading, general provisions, and to other requirements and
facilities, shall be met in relation to each respective land use in the
development based upon regulations of the zoning district in which the
property is situated immediately prior to classification under this
article. For all special uses, regulations applicable to the respective
uses shall apply. The Planning Commission, in its discretion, shall
resolve all ambiguities as to applicable regulations. Notwithstanding the
immediately preceding provision of
this paragraph, deviations with respect to such
regulations may be granted as part of the overall approval of the planned
unit development, provided there are features or elements deemed adequate
by the Planning Commission designed into the project plan for the purpose
of achieving the objectives of this article.
E. Increased
Residential Density. Additional density of up to 25 percent greater than
specified in the ordinance for residential uses may be allowed in the
discretion of the Planning Commission based upon a demonstration by the
applicant of design excellence in the planned unit development resulting
in a material benefit to all or a significant portion of ultimate
residential uses of the project, including, without limitation,
development of innovative design producing significant energy efficiency,
pedestrian or vehicular safety, or long-term aesthetic beauty.
F. Natural Resource
Preservation. To the maximum extent feasible, the development shall be
designed so as to preserve natural resources and natural features. In the
interpretation of this provision, natural resources and natural features
may be impaired or destroyed only if it is clearly in the public interest
to do so. In determining whether action is in the public interest, the
benefit which would reasonably be expected to accrue from the proposal
shall be balanced against the reasonably foreseeable
detriments of the activity, taking into consideration
the local, state and national concern for the protection and preservation
of the natural resources or features. To accomplish this balancing, the
following criteria shall be applied: The availability of feasible and
prudent alternative methods of accomplishing the development; the extent
and permanence of the beneficial or detrimental effects of the proposed
activity; the size, quality and rarity of the natural resources or natural
features which would be impaired or destroyed.
G. Buffer
Requirements. There shall be a perimeter setback and berming, as found to
be necessary by the Planning Commission, for the purpose of buffering the
development in relation to surrounding properties. If the planned unit
development project includes non-residential uses adjacent to a district
authorizing residential uses, and/or if the project is larger than one
acre in area, such perimeter setback shall be established with a dimension
from the property line of up to one hundred (100) feet in the discretion
of the Planning Commission, taking into consideration the use or uses in
and adjacent to the development. The setback distance need not be uniform
at all points on the perimeter of the development.
H. Standards.
Thoroughfare, drainage, and utility design shall meet or exceed the
standards otherwise applicable in connection with each of the respective
types of uses served.
I. Utilities. Where
feasible, there shall be underground installation of utilities, including
electricity and telephone.
J. Separate
Pedestrian Provisions. In all cases where separation can be accomplished
without significantly reducing the kind and density of uses, the
pedestrian circulation system, and its related walkways and safety paths,
shall be separated from vehicular thoroughfares and ways.
K. Features.
Signage, lighting, landscaping, building materials for the exterior of all
structures, and other features of the project, shall be designed and
completed with the objective of achieving an integrated and controlled
development, consistent with the character of the community, surrounding
development or developments, and natural features of the area.
L. Screening. In all
cases where non-residential uses adjoin off-site residentially zoned
property, noise reduction and visual screening mechanisms such as earthen
and/or landscape berms and/or decorative walls, shall be employed. The
Planning Commission, in its discretion, shall review and approve the
design and location of such mechanisms in regard to maximizing, to a
reasonable extent, the achievement of the screening objectives.
5.5.4. PROCEDURE FOR REVIEW AND APPROVAL.
A. Rezoning
Amendment. The grant of a planned unit development application shall
require a rezoning by way of an amendment of this Ordinance.
B. Preliminary Site
Plan Review. Prior to the submission of an application for planned unit
development approval, the applicant may submit to the Planning Commission
a preliminary site plan of the proposed planned unit development, as well
as the following information:
1. Total number of
acres in the project;
2. a statement of
the number of residential units, if any;
3. the number and
type of non-residential units, if any;
4. the number of
acres to be occupied by each type of use;
5. the known
deviations from ordinance regulations to be sought;
6. the number of
acres to be preserved as open or recreational space;
7. all known
natural resources and natural features to be preserved.
C. Preliminary
Response. The Planning Commission shall review the preliminary site plan,
and shall be entitled to make reasonable inquiries of and receive answers
from the applicant. Following review, the Planning Commission shall
provide the applicant with written comments, which shall be part of the
official minutes of the Planning Commission.
D. Recommendation
for Amendment. Within six (6) months following receipt of the Planning
Commission comments on the preliminary plan, the applicant shall submit to
the Code Enforcement Officer, four (4) copies of a final plan conforming
with the application requirements below. This plan shall constitute an
application to amend this Ordinance, and shall be noticed for public
hearing before the Planning Commission, and otherwise acted upon by the
Planning Commission, and the Township Board, as and to the extent provided
by law. With and in addition to the regular report submitted by the
Planning Commission in connection with a rezoning application, the
Planning Commission shall, to the extent it deems appropriate, submit
detailed recommendations relative to the planned unit development project,
including, without limitation, recommendations with respect to matters on
which the Township Board must exercise discretion.
5.5.5. APPLICATIONS. Final plans shall include the
following:
A. Site Plan. All
requirements for Site Plan Review as listed in this Ordinance.
B. Use Plan. A plan
showing the type, location, and density of all uses.
C. Open Spaces. All
open spaces, including preserves, recreational areas, and the like, and
each purpose proposed for such areas.
D. Variances. A
separately delineated specification of all deviations from this ordinance
which would otherwise be applicable to the uses and development proposed
in the absence of this planned unit development article. This
specification should include ordinance provisions from which deviation are
sought, and the reasons and mechanisms to be utilized for the protection
of the public health, safety, and welfare in lieu of the regulations from
which deviations are sought.
E. Landscape Plan. A
detailed landscaping plan.
F. Schedule of
Development. A specific schedule of the intended development and
construction details, including phasing or timing, and the general
improvements to constitute a part of the development, including, without
limitation, lighting, signage, the mechanisms designed to reduce noise,
utilities, and visual screening features.
G. Building Facade.
A specification of the exterior building materials with respect to the
structures proposed in the project.
H. Certification.
Signatures of all parties having an interest in the property.
5.5.6. CONDITIONS.
A. Purpose.
Reasonable conditions may be required with the approval of a planned unit
development, to the extent authorized by law, for the purpose of ensuring
that public services and facilities affected
by a proposed land use or activity will be capable of
accommodating increased service and facility loads caused by the land use
or activity, protecting the natural environment and conserving natural
resources and energy, ensuring compatibility with adjacent uses of land,
and promoting the use of land in a socially and economically desirable
manner. Conditions imposed shall be designed to protect natural resources
and the public health, safety, and welfare of individuals in the project
and those immediately adjacent, and the community as a whole, shall be
reasonable related to the purposes affected by the planned unit
development, and shall be necessary to meet the intent and purpose of this
Ordinance, and be related to the objective of ensuring compliance with the
standards of this Ordinance. All conditions imposed shall be made a part
of the record of the approved planned unit development.
5.5.7. PHASING AND COMMENCEMENT OF CONSTRUCTION.
A. Phasing: Where a
project is proposed for construction in phases, the planning and designing
shall be such that, upon completion, each phase shall be capable of
standing on its own in terms of the presence of services, facilities, and
open space, and shall contain the necessary components to ensure
protection of natural resources and the health, safety, and welfare of the
users of the planned unit development and the residents of the surrounding
area. In addition, in developments which include residential and
non-residential uses, phasing shall contemplate that at least 35 percent
of all proposed residential units are completed concurrent with the first
phase of any non-residential construction; completion of at least 75
percent of all proposed residential construction prior to the second phase
of non-residential construction; and completion of 100 percent of all
residential construction prior to the third phase of non-residential
construction. For purposes of carrying out this provision, the percentages
shall be approximations as determined in the discretion of the Planning
Commission.
B. Commencement and
Completion of Construction: Construction shall be commenced within one (1)
year following final approval of a planned unit development, or within one
(1) year of any other necessary governmental approval for commencement of
the project, whichever is later, provided all other necessary approvals
have been actively pursued. Each phase of the project shall be commenced
within one (1) year of the schedule established for same in the
application submitted. If construction is not commenced within such time,
any approval of a site plan on the project shall expire and be null and
void, provided, an extension for a specified period may be granted by the
Planning
Commission upon good cause shown if such request is
made to the Commission prior to the expiration of the initial period.
Moreover, in the event a site plan has expired, the Township shall be
authorized to rezone the property in any reasonable manner, and, if the
property remains classified as PUD, a new application shall be required,
and shall be reviewed in light of then existing and applicable law and
ordinance provisions.
5.5.8. EFFECT OF APPROVAL. If and when approved, the
planned unit development amendment, with all conditions imposed, if any,
shall constitute the land use authorization for the property, and all
improvement and use shall be in conformity with such amendment.
Section 5.6. Condominium Development Standards.
All condominiums or site condominiums shall comply with the
following regulations:
5.6.1 APPLICATION. A site plan must be submitted to the
Planning Commission showing all buildings, parking areas, recreation areas,
limited common elements, general common elements, and landscaping on a scale
sufficient to permit study of all elements of the plan. The site plan shall
be in compliance with all the requirements for Site Plan review as listed in
the Ordinance and shall include:
A. The name, address and telephone number of:
1. All persons, firms or corporations with an
ownership interest in the land on which the condominium project will be
located together with a description of the nature of each entity's
interest (for example, fee owner, optionee, or land contract vendee).
2. All engineers, attorneys, architects or licensed
surveyors associated with the project.
3. The developer or proprietor of the condominium
project.
B. The legal description of the land on which the
condominium project will be developed together with tax identification
numbers.
C. The acreage content of the land on which the
condominium project will be developed (acreage to be dedicated as public
right-of-way shall be noted).
D. The purpose of the project (for example,
residential, commercial, industrial, etc.)
E. The number of condominium units to be developed on
the subject parcel.
F. Preliminary plans for a community water system.
G. Preliminary plans for a community sewer system.
H. A flood plain plan, when appropriate.
I. A site plan showing the location, area and
dimensions of all building envelopes, building sites (limited commons
area, and general commons areas), roads, driveways, landscaping, and
recreational facilities.
J. A utility plan showing all sanitary sewer, water,
and storm sewer lines and easements granted to the Township for
installation, repair and maintenance of all utilities.
K. Storm water management plan, including all lines,
swales, drains, basins, and other facilities including appropriate
documentation as well as existing and proposed topographic features.
L. All natural areas including trees and wetlands to be
preserved or modified shall be indicated on the submitted site plan.
5.6.2 STANDARDS. The following standards shall be adhered
to during the review, approval and development of the proposed Condominium.
A. Streets. All streets shall be constructed to the
specifications of the St. Clair County Road Commission and the Township
Engineers recommendation.
B. Utilities. Utilities, including sanitary sewers,
storm sewers and freshwater systems shall be constructed in accordance
with existing State, County, Township and City public utility requirements
and to the Township Engineers recommendations. All utilities, except
essential services, shall be placed underground.
C. Conformance with
Subdivision Regulations. All condominium project plans shall conform to
the design, layout and improvement standards and all other requirements as
established by St. Clair Township based on the recommendations of the
Township Engineer.
D. Setbacks and Lot
Areas. All condominium or site condominium projects shall conform to the
pertinent zoning district schedule of regulations except as otherwise
noted. Setbacks and minimum lot areas for a single family detached site
condominium shall be measured from the perimeter boundary of the building
site property line. Building site property size requirements may be
modified from the minimum lot size requirements upon approval of the
Planning Commission provided:
1. The number of
dwelling units per acre do not exceed the minimum lot size requirements
per acre as listed.
2. Designated open
spaces are provided for preservation of natural assets, recreational
areas and the like.
E. Open Space or Common Element. A minimum of ten
percent (10%) of the total land area, excluding the land area devoted to
roadways, shall be devoted and maintained as a Common Element or utilized
as a portion of the Open Space Preservation Option allowed elsewhere in
the Ordinance. The area shall be designed as a nature preservation area or
recreational area, acceptable to the Planning Commission, demonstrating
protection and practical usage or access to the natural assets found on
the site, on clearly defined plans, as required for Site Plan Review.
E. Buffer
Requirements. There shall be a perimeter setback and berming, as found to
be necessary by the Planning Commission, for the purpose of buffering the
development in relation to surrounding properties. If the condominium
development project includes non-residential uses adjacent to a district
authorizing residential uses, and/or if the project is larger than one
acre in area, such perimeter setback shall be established with a dimension
from the property line of up to one hundred (100) feet in the discretion
of the Planning Commission, taking into consideration the use or uses in
and adjacent to the development. The setback distance need not be uniform
at all points on the perimeter of the development.
F. Compliance with
other Statutes and Ordinances. All condominium projects shall comply with
federal state and local laws, statutes and ordinances.
G. Master Deed. The
project developer shall furnish the Zoning Administrator with copies of
the proposed consolidated Master Deed, bylaws, and proposed plans.
5.6.3 SITE PLAN REVIEW. The proprietor shall submit a site
plan to the Planning Commission as required elsewhere under this Ordinance
regarding Site Plan Review. An approved Site Plan will regulate development of
the property unless otherwise notified by the Planning Commission upon review
and approval of the following:
A. Phased Development. Condominium projects may be
constructed in phases. However, any phased plan shall show the total
proposed with phases clearly identified. Building permits for a phase
thereof will not be issued until all streets and utilities have been
constructed for that phase.
B. Expansion and Conversion. Prior to expansion or
conversion of a condominium project to additional land, any new phase must
be approved by the Planning Commission as required by this ordinance.
C. Redevelopment of Existing Sites. This development
option may be used only for the redevelopment of existing Single or
Multiple Family residential sites and does not apply to other uses, or
vacant or undeveloped property. In instances where physical topography and
dimensional difficulty would prohibit normal re-development and where the
unique character of the proposed re-development of the property, as
determined by the Planning Commission, can be demonstrated, the property
may be re-developed as a condominium development with the requirements and
exceptions listed as follows:
1. Procedure and Requirements. The procedure and
requirements for the review and approval of the project shall be in
compliance with all the current requirements listed in the Zoning
Ordinance for Condominiums unless specifically noted herein.
2. Number of Units. The total number of units
allowed for construction may not exceed the number of units in
existence at the time of the submittal of the proposed development, or
the number of units allowed by Ordinance, whichever is less. Should a
proposed site have the existing structures removed prior to review and
approval by the Planning Commission, the site will be required to be
developed in accordance with all the regulations as normally required
for vacant property.
3. Private Drives. The entire project, including
all new or existing structures, utilities, buffers and other site
items must comply with the regulations and standards listed in the
ordinance for new condominium development, with the exception that the
streets for the development may be constructed as privately owned
drives provided they shall comply with the following:
a. Be constructed with a hard surface such as
asphalt or concrete and in
conformance with minimum national
standards for roadway design, such as those established in the most
current addition of the American Association of State Highway
Transportation Officials
"Policy on Geometric Design of Highways
and Streets" or other national standards, as adopted by resolution
of the Township Board.
- Be designed to provide the minimum frontage required by the
ordinance for the district in which they are located.
- Be clearly marked as private drives and labeled with names that are
not the same or similar to other streets within the Township.
- At all locations where such private drives enter upon a public
street, the required Township, State or Federal standards shall be met
for all entrances required for public roadways. This shall include but
not be limited to, passing lanes, ingress and egress tapers, signage and
other such concerns.
- Maintain an overhead height clearance of at least 14 feet.
- Provide adequate access for police, fire and other emergency service
vehicles.
- Include maintenance provisions, written in the form of deed
restrictions to accommodate
safe access, ingress and egress of vehicles
to the site. The maintenance provisions shall include, but not be
limited to, removal of snow, as well as the repair and maintenance of
the street as reasonably necessary such as, but not limited to, the
sealing and filling of cracks or holes. The provisions shall also
include the removal of any vegetation, which might obstruct vehicle
access or constitute a safety hazard, as well as including an adequate
means of ensuring that the required maintenance will occur.
- All projects that abut public road rights of way that require
additional dedication of rights of way or easements, in order to conform
with the requirements of Master Plan designations, whether required at
the local, County, State or Federal government level, shall dedicate
such required rights of way or easements, for such specific designation
and/or use. This shall include but not be limited to roadways, storm
drainage, sanitary sewers, water mains, non-motorized pathways,
sidewalks or utilities.
- CONDITIONS. Upon approval of the development the following items shall
be reviewed for:
A. A certified copy
of the Final Bylaws
B. A certified copy
of the Consolidated Master Deed
C. A certified copy
of the final site plan shall be provided on a Mylar sheet of at least 24
inches by 36 inches.
5.6.5. AS-BUILT PLAN AND OCCUPANCY. Submission of an
as-built plan of a condominium unit is required prior to occupancy. The
zoning administrator may allow occupancy of the project before all
improvements
required are installed provided that a bond is submitted
to the Township Clerk, sufficient in amount and type to provide for the
installation of improvements before the expiration of the temporary
occupancy permit without expense to the Township. The amount of the bond
shall be determined by the Township Engineer.
Section 5.7. Subdivision Plat Approval. No proposed plat
of a new or redesigned subdivision shall hereafter be approved by either the
Township Board or the Planning Commission unless the lots within such plat equal
or exceed the minimum size and width requirements set forth in the various
districts of this Ordinance, and unless such plat fully conforms with the
statues of the State of Michigan and the Subdivision Regulations of the Township
as may be adopted, or referenced by resolution of the Township Board.
Section 5.8. Open Space Preservation Option.
This development option is offered as an alternative means of residential
development in the Township’s RU – Rural district and RS-1 & RS-2, Residential
Non-Sewered districts. The intent of this development option is to provide for
the creation and preservation of open space areas within residential
development. It is particularly applicable to property containing area or areas
of environmental significance that ought to be preserved. The creation of open
space and the preservation of areas of environmental significance may be
achieved under this option by allowing for a reduction in the minimum lot area
and lot width requirements by residential district. This modification shall be
accomplished without any attendant increase in the number of lots that could be
otherwise permitted on the property. Single Family attached housing may be
permitted after review and approval of the layout, setbacks and lot sizes as
determined by the Planning Commission to be in compliance with the spirit and
intent of this ordinance.
5.8.1 DISCRETIONARY USE OF THIS OPTION. Use of this
development option as an alternative to conventional residential development
shall be solely at the discretion of the property owner or developer. Sites
developed under this option may be developed as platted subdivisions, site
condominiums or under the Land Division Act.
Property owners or developers of property
containing assets of environmental significance, such as wetlands,
woodlands, steep topography, productive agricultural land, or combinations
thereof, are encouraged to use this option to preserve as much of these site
amenities as possible.
5.8.2 PRE-APPLICATION MEETING. Prior to submitting an
application to develop property under the guidelines of this option, the
applicant may request a pre-application meeting with the Planning
Commission. A request for the pre-application meeting must be submitted in
writing a minimum of two (2) weeks in advance of the next regularly
scheduled Planning Commission meeting. The purpose of the meeting is to
acquaint the applicant with how the option works and the potential
advantages that may be gained by the developer and the community by using
the option.
A. Concept Plan. If the applicant is familiar
with the option, and has prepared a concept plan showing use of the
option on the applicant’s property, that plan may be presented at the
pre-application meeting.
5.8.3 APPLICATION SUBMITTAL. Application to develop under
the Open Space Preservation Option shall be made to the Township and shall
include the following items:
A. Application. The application form shall be
submitted a minimum of 28 days in advance of the next regularly
scheduled meeting of the Planning Commission. The applicant shall pay
all application fees and deposits necessary to cover review fees by all
departments and/or consultants. This may include a requirement for the
submittal of a computerized plan and/or additional transparencies that
are compatible with the current systems in use by the Township or St
Clair County. The applicant shall be required to provide any and all
other information or materials necessary to ensure compliance with this
ordinance despite any failure on the part of the Township to notify the
applicant.
B. Existing Conditions Drawing. An existing
conditions drawing must be prepared to an engineer scale of one (1) inch
equals 100 ft., 200 ft., 300 ft., 400 ft. or 500 ft., by a
registered land surveyor or registered civil engineer. It must show in
detail all the natural features of the property, including streams,
lakes, ponds, wetlands, stands of trees and topography at two (2) foot
intervals, utility easements and other easements, roads, lanes,
driveways, rights-of-way, buildings and structures.
It must also indicate the amount of the general acres
of the site that contain areas of environmental significance, such as
wetlands, lakes, ponds, streams, stands of trees and steep topography
and the percent each makes up of the total acreage of the property.
- Preliminary Site Plan. The preliminary site plan shall be
superimposed over the existing conditions drawing outlined in this
ordinance, and shall be prepared by a registered land surveyor, registered
civil engineer or a registered landscape architect.
The preliminary site plan shall show the location of
all proposed roads, road rights-of-way, sidewalks, bikepaths or trails,
any proposed utility easements, lots,(home sites), the peripheral
dimensions of each lot, including the dimensions(s) along the lot
frontage at the road right-of-way line, open space areas, including land
designated for active recreation, the length of any cul-de-sac roads,
the number of acres to be set aside as open space, and its percent of
the total acreage of the property.
Additional information to be provided on the
preliminary site plan shall include all the requirements listed in the
Zoning Ordinance regulating general site plan review.
5.8.4 PRELIMINARY SITE PLAN REVIEW. Upon acceptance of an
application for review, the Township shall stamp each plan with the date
received and forward copies to the appropriate personnel and agencies for
review and set for preliminary review by the Planning Commission. Following
its review, the Planning Commission may;
A. Preliminary Site Plan Approval. Approval
may be granted outright based on compliance with the ordinance
requirements, or conditioned on resolution of any concerns expressed by
the review personnel, agencies or by the Planning Commission, with the
requirement to submit the changes on the Final Site Plan.
B. Table Pending Further Changes. If any of
the review personnel or agencies do not recommend preliminary site plan
approval or if the Planning Commission indicates that there are
necessary changes that need to be made to the preliminary site plan, the
plan shall be tabled pending the required changes. Resubmission of the
plan will then be required, as listed above.
C. Preliminary Site Plan Denial. The Planning
Commission shall deny the applicant Preliminary Site Plan Approval if
too many critical or major concerns are unresolved, or not in compliance
with the requirements of the Ordinance.
5.8.5 FINAL SITE PLAN REVIEW. Except for any changes
resulting from any conditions the Planning Commission may have attached to
its Preliminary Site Plan Approval, the final site plan shall adhere to the
specifications approved during the preliminary site plan. Final Site Plan
Review by the Planning Commission shall also be in compliance with all
requirements listed in the Zoning Ordinance for general Site Plan review,
including Requirements, Procedure, Effect of Approval, As-built Plans, and
Conditions and Safeguards. Also applicable are all requirements for local or
State laws for the applicable development such as, but not limited to, the
Condominium laws and ordinances and the Subdivision and Land Division Acts.
A. Approval. The final site plan approval may
be made contingent on any final site engineering details
that are normally worked out with the Township
engineer, and pending Township review and approval of any required
master deed, association by-laws, protective covenants or deed
restrictions, associated with the development. The Planning Commission
may require sureties for compliance with all the requirements listed
herein.
5.8.6 DWELLING DENSITY LIMITATIONS. Dwelling density
shall be based on the number of single family detached dwellings permitted
in each residential district as outlined in this Subsection. The area to be
used for computing of dwelling density shall be the gross area of the site
less all deductions for internal roadways and other unbuildable areas, such
as but not limited to, wetlands and floodplains. The number of dwellings
permitted to be constructed shall not exceed the number that would be
permitted under conventional zoning regulations as determined by the net
buildable area of the parcel after the deductions listed above.
A. Design. The number of single family
detached dwellings by zoning district is set forth as follows:
District No Sewer With Sewer
RU 4.0 Acres per dwelling 4.0 Acres per dwelling
RS-1 4.0 Acres per dwelling Not permitted
RS-2 4.0 Acres per dwelling Not permitted
5.8.7 LOT AREA, LOT WIDTH AND BUILDING SETBACK REQUIREMENTS.
The following minimum lot area, lot width and building
setback requirements, by zoning district shall apply.
A. Lot area. For lots served by private
individual septic tanks and wells, the minimum lot area of each lot
shall be 1 acre, or whatever may be required above that minimum by the
St. Clair County Health Department to meet their standards.
B. Lot Width & Building Setbacks. For all
Districts, no minimum lot width shall be required, except each lot shall
have sufficient width to allow the requirements of the building setbacks
listed in the Schedule of District Regulations, for the RS-1 Sewered
District, to be met. These setbacks are applicable to each District
listed, RU, RS-1 AND RS-2.
5.8.8 OPEN SPACE PRESERVATION. Land to be placed in
perpetuity as open space
shall meet the following requirement:
A. Amount. Land to be set aside as open space
within the development shall not be less than fifty (50) percent of the
land area of the property used to compute dwelling density as set forth
in elsewhere in this ordinance, and as stipulated in Michigan Public Act
177 of 2001.
B. Recreation Area. A portion of the property
is encouraged to be set aside as an active recreation area for the
residents of the development. This area, if possible, should contain
sufficient flat land to permit the informal playing of field sports.
This land may be provided in addition to, or as a part of the open space
preservation area stipulated in this ordinance.
C. Dedication. All land set as open space
shall be set aside for that purpose and that purpose only. Once
established and dedicated as open space, no part of any open space so
established shall be converted to land for development. Other uses or
purposes of the open space may be established or converted to with the
express approval of the Township and the residents living in the
development and provided the proposed use is in compliance with the
Spirit and Intent of this Ordinance. In no event shall any reduction in
open space area result in less open space being provided on the property
than the minimum open space required by statute (PA177).
D. Inclusion. The open space portion of the
property shall include any lakes, ponds, streams, agricultural lands,
wetlands, woodlands, or stands of trees, areas of steep topography, and
areas of active recreation open space.
E. Design. Open space shall extend to as many
lots within the development as physically possible except:
1. No lot line shall be placed closer that fifty
five (55) feet to any projected right-of-way line of any road that
is designated as a major collector or arterial street on the
Township Master Plan.
2. At least some portion of the open space area
shall extend to each peripheral property line so that the open space
in one development may be connected to open space in an abutting
development. Such open space connections shall not be short dead end
spaces, but shall be designed and laid out to permit the potentially
continuous interconnecting of open space areas in one development
with the open space areas in other developments. No open space area
shall be less than fifteen (15) feet wide so that it can adequately
accommodate a trail or bikepath extending uninterrupted from one
open space to another.
3. Where a preservation open space development
shall border an existing commercial development, or land that is
zoned or master planned for commercial development, open space be
provided. of sufficient width to permit connecting the two sites
together via a trail or bikepath, shall
F. Perpetuity. All open space areas shall be
clearly stipulated in any covenants placed on the development as area to
be set aside in perpetuity as open space.
5.8.9 ASSURANCE OF OPEN SPACE PRESERVATION. The area of
the property to be set aside as open space, as set forth in this ordinance
shall be subject to the following preservation assurances.
A. Approval Requirements. A master deed,
protective covenants or deed restrictions and the by-laws of the
association of home owners, as required in this Subsection, shall be
subject to review and approval by the Planning Commission. Of particular
importance to the Township shall be assurance that all open space areas,
including all active recreation areas, are properly set aside for such
purposes and those areas of the open space areas that will require
maintenance, will be properly cared for. The Township may refer such
documents to the Township Attorney for review and comment. The Township,
at its discretion, may require the assigning of a second party or
partner with the development to secure the open space as open space
areas only, other than the active recreation area or areas. A second
party could be a land conservancy or similar land preservation
organization.
- Single Family Site Condominiums. The location of all open space
shall be described by legal description in the Master Deed. A general
description of what the open space areas contain will be included. These
areas shall be set forth as open space to be preserved
as open space. Open space areas may be identified
as common areas as defined in Michigan PA 59 of 1978, as amended.
Area to be set aside for active recreation, as set forth in Section
5.8.9.B, above, shall also be detailed and described in the Master
Deed. Any area of any open space or active recreation area that will
require maintenance shall
be so identified in the Master Deed and the
manner in which these areas will be maintained shall be clearly
spelled out in the Association’s By-laws.
2. Single Family Subdivision Plat or Land
Division. The location of all open space shall be described by
legal description, along with a general description of what the open
space areas will contain. These areas will be set forth as open
space areas to be preserved as open space in the form of protective
covenants or deed restrictions. The covenants shall also require the
forming of an association of homeowners, who shall be governed by
Association By-laws. The by-laws shall clearly spell out the
responsibilities of the homeowners association, including how all
open space and active recreation areas, which will require
maintenance, will be maintained by the association.
5.8.10 INTERNAL STREET SYSTEM. All lots or sites shall
front only upon a road which is internal to the development with sidewalks
or bikepaths abutting the adjacent roadway. No lots shall be created which
front upon existing Public Roads. The system of interior streets or roads
shall be designed, laid out and built to provide for the safe and convenient
circulation of motor vehicles within the development in accordance with the
following requirements.
A. Design. The entire interior street or road
system shall be designed and built to the applicable road Commission of
St. Clair County standards so they may be approved and accepted as
public streets or roads by the Road Commission. All intersections with
any existing public roads shall be designed and built to the applicable
Road Commission of St. Clair County standards so they may be approved
and accepted as public streets or roads by the Road Commission.
B. Impact. Every effort shall be made by the
applicant to create a system of interior streets or roads that will have
the lease adverse impact on any asset of environmental significance on
the property. This will include the loss of tree cover, impacts on
wetlands or the cutting and filling of areas of steep topography.
5.8.11. SCREENING AND LOT ORIENTATION. On site screening
and the location of certain lots shall be provided as set forth in this
Section.
A. Natural Foliage Screen. If dense natural
screening exists along the property’s thoroughfare road frontage, it
shall be preserved. Where deemed appropriate or necessary, it shall be
augmented by new planting materials placed to enhance the natural
foliage screen within the minimum required setback buffer area between
the lot line and the right of way. Any screening buffer so applied may
count towards meeting the minimum open space requirement of this
Section.
B. Topographic Screen. If an effective screen
of natural foliage does not exist along a site’s thoroughfare frontage,
but a pronounced change in topography of at least eight (8) feet in
height does exist within the minimum setback buffer area described in
Subsection 5.8.9 E.1 of this Section, the upward change in elevation may
serve as a buffer.
C. Artificial Screen. In the event that dense
foliage or a pronounced change in topography does not exist along the
property’s thoroughfare an eight (8) foot high undulating earth berm
shall be erected within the minimum setback buffer area. The maximum
steepness of the side slope of the earth berm shall not exceed a ratio
of 3:1 (3 feet of horizontal plain for each foot of vertical rise) and
the slopes of the berm shall be stabilized against erosion by the use of
extensive ground cover consisting for the most part, of trees and
shrubs.
- General Landscaping. For common areas, including any entrance
designs or buffering requirements as set for in this subsection, that may be
required or are proposed, a detailed landscape planting plan, drawn to the
same scale as the site plan, shall be submitted. The landscape planting plan
shall show the location of all planting materials or landscape features and
shall identify all such features, including the specie of each live planting
material, their location and
their size or spread at the time of planting and when
they reach full growth. A statement shall be placed on the landscape
planting plan explaining how all landscaping so placed, will be
maintained in a living growing condition, as required by ordinance.
E. Lot Orientation. All lots shall be placed
with a back lot or side lot orientation to any buffer area required in
the Subsection.
- DURATION OF APPROVALS. The duration granted of all approvals shall be
valid as follows:
A. Preliminary Site Plan Approval. The
granting of Preliminary Site Plan Approval by the Planning Commission
shall be good for one (1) year, commencing on the date of approval and
terminating on the date one (1) year later.
B. Final Site Plan Approval. The granting of
Final Site Plan Approval by the Planning Commission shall be good for
one (1) year, commencing on the date of approval and terminating on the
same date one (1) year later.
C. Extension. If between the granting of
Preliminary or Final Site Plan Approval and the termination date of that
approval, a revised site plan is submitted and approved by the Planning
Commission, the one (1) year expiration date will be extended one (1)
year to the day from the date of revised site plan approval.
SECTION 5.9 RANGE ROAD CORRIDOR OVERLAY
5.9.1 INTENT
Range Road has been identified as an important transportation
corridor through the county serving as a major commercial and industrial
corridor for the communities that line the roadway. The intent of the Range Road
Overlay Zoning District is to provide specific standards for the corridor to
preserve roadway capacity and safety, facilitate high quality commercial,
industrial, and residential development along the corridor and preserve natural
features that help define the communities that line the corridor. Among the
specific purposes of the Corridor Overlay Zoning District are:
(a) Maximize the capacity of the road by limiting, and
controlling the number, and location of driveway: and requiring alternate
means of access through shared driveways, service drives, and access from
side streets.
(b) Preserve future right-of-way needs in a timely
manner and minimizing disruption of existing businesses through
preservation of additional right-of-way that maybe necessary to widen the
road
(c) Promote alternative means of transportation through
development of non-motorized pathways along Range Road and provide for
transit-friendly site design.
(d) Facilitate high—quality development and
redevelopment of commercial business districts through quality
architecture, efficient site design and landscaping.
- Require low level signs to minimize motorist distraction, avoid blight,
and clutter, promote aesthetics and unify signage with the overall character
desired in the corridor while providing property owners and businesses with an
appropriate mechanism in which to identify their location and business
.
(f) Require landscaping on sites along the corridor as
they develop and redevelop to attain the desired green space, buffering
between uses and the high quality appearance of the corridor.
(g) Promote preservation of existing natural features,
including woodlands and wetlands, which provide important ecological and
aesthetic functions to the communities along the corridor.
5.9.2 APPLICABILITY
(a) Scope of Application. The development
or redevelopment of lots and parcels of land having frontage along Range
Road or having any land area within five-hundred (500) feet of the
centerline of Range Road shall comply with the provisions of this overlay
zoning district in addition to the applicable regulations of the underlying
zoning district. The lot area, and bulk requirements of the underlying
zoning district shall be complied with subject to the requirements of this
overlay zoning district. Where a conflict exists between the requirements of
this overlay zoning district and the underlying zoning district the most
restrictive requirement shall apply.
(b) Uses Permitted. The uses permitted
shall be regulated by the underlying zoning district. The review and
approval process applicable in the underlying zoning district shall be
followed, provided site plans and plats may be forwarded to the Range Road
Advisory Committee for review and recommendation prior to approval by the
Planning Commission.
(c) Traffic Impact Study. A traffic impact
study shall be required as part of the site plan submission for any
development within the overlay zoning district where the proposed
development meets the warrants for
such traffic impact study. The warrant for a traffic
impact study and the standards listed in preparing and approving such
traffic impact study shall be based upon standards adopted by the Range Road
Advisory Committee. The traffic impact study may be forwarded to the Range
Road ~ Advisory Committee for review and recommendation prior to approval by
the Planning Commission.
5.9.3 BUILDING DESIGN
(a) Design. All newly constructed buildings
with frontage on Range Road shall utilize quality architecture to ensure
that buildings are compatible with surrounding uses, protect the investment
of adjacent landowners and blend harmoniously into the streetscape.
(b) Materials. All non-residential uses,
including commercial, office and industrial, shall provide exterior building
materials and treatment of finished quality. Building materials and colors
shall relate well and be
harmonious with the surrounding area. For any side of a
building visible from public roadway, service drive or parking lot, the
facade shall consist of one or more of the following materials. The use of
building material shall comply with the maximum percentage of the wall that
may be covered by the permitted building material indicated below, provided
a minimum of fifty percent (50%) shall be masonry material including brick,
stone or scored, or split-face block.
|
|
Maximum Percent of Wall that may be Covered by Certain
Building Material |
|
Permitted Building Material |
Commercial
Or Office |
Industrial |
| Brick
or face brick |
100% |
100% |
| Cut or
cast stone |
100% |
100% |
| Scored
or split-face block |
50% |
100% |
| Vinyl
siding |
50% |
50% |
| Wood
siding |
50% |
0% |
| EIFS,
Dyvit or Stucco |
25% |
25% |
| Metal |
25% |
25% |
| Other
material not listed above |
10% |
10% |
(c) Roof. Roof shape and materials shall be
architecturally compatible with adjacent buildings and enhance the
predominant streetscape. Buildings shall be designed with a pitched roof or
shall incorporate a decorative cornice along the top of a parapet wall
enclosing a flat roof. All rooftop mounted equipment shall be screened from
view.
(d) Front Facade. Buildings shall front towards
and have their primary pedestrian entrance facing the public street. The
Planning Commission may permit buildings which face towards a side yard,
provided that defined pedestrian access routes are provided to the public
street. Blank walls may not face a public street
and buildings must have windows and architectural
features commonly associated with the front facade of a building on walls
that face Range Road.
(e) Setbacks and Building Walls. Buildings shall
be located to create a defined streetscape through uniform setbacks and
proper relationship to adjacent structures. The predominate surface plane of
all building walls over one-hundred (100) feet in length shall be varied
through the use of one or more of the following: varying building lines,
windows, architectural accents or landscaping.
(f) Site Elements.
Signs, landscaping, walls, lighting and other site elements shall be
coordinated and compatible with the building design. as well as harmonious
with other nearby developments.
5.9.4 SIGNS
(a) Monument Sign. Each business along Range Road
shall be permitted one monument sign, a maximum of six feet in height and
sixty (60) square feet. of sign area. An additional forty (40) square feet
of sign area shall be permitted for frontages of over three-hundred (300)
feet. Corner lots with the minimum required
frontage on two public roads shall be permitted two
monument signs - one per frontage. The Planning Commission may permit up to
a ten percent (10%) increase in the maximum permitted ground sign area if
extensive landscaping and a descriptive brick base consistent with the
materials of the principal building are provided.
(b) Wall Signs. Wall signs shall be allowed up to
ten percent (10%) of the front building facade an shall not project beyond
or overhang the wall and shall not project above the roof or parapet wall of
the building.
(c) Entrance Signs. Entrance signs shall be
permitted to a maximum of thirty-six (36) square feet in area and a maximum
height of six (6) feet identifying developments such as office complexes,
industrial parks, schools, subdivisions, apartment complexes, condominium
communities. Senior housing complexes, mobile home parks and similar uses.
(d) Prohibited Signs. The following signs shall be
prohibited: pole signs, billboards, commercial vehicles used as signs,
exterior string lights, portable or temporary signs, signs using high
intensity or flashing lights, spinners or animated devices and signs that
obstruct motorist or pedestrian vision.
(e) Other Signs. The following signs shall be
permitted as provided for in the underlying zoning district: construction
signs, flags, garage sale and estate sale signs, gas station pump island
signs historical markers, menu boards for drive-thru restaurants,
non-commercial directional signs, addresses, office tenant/occupant name
signs, political signs, real estate signs, parking lot regulatory signs,
traffic regulatory signs and street signs.
5.9.5 Landscaping. The following minimum landscaping
shall be provided. Nothing herein shall preclude more extensive landscaping.
Creativity in landscape design is encouraged. The standards are intentionally
flexible to encourage adaptability and creative design. Required trees and
shrubs may be planted at uniform intervals, at random, or in grouping. depending
on the designer’s desired visual effect and the intent to coordinate landscaping
on adjacent properties.
(a) Frontage Greenbelt. Within all zoning
districts, site plans and subdivision plats shall provide twenty (20) foot
wide greenbelt planted adjacent to and outside of the road right-of-way.
Grass, ground cover, or other
suitable live plant material shall be planted over the
entire greenbelt area, except where paved pedestrian or vehicular access are
used. All existing trees six (6) inches caliper or greater within the
greenbelt shall
be preserved, except where necessary to install
vehicular, pedestrian and utility access points. The greenbelt shall be
planted with the following landscaping:
(1) Within any zoning district that permits
commercial or office uses, a minimum of one (1) deciduous canopy tree
arid four (4) shrubs shall be planted for each thirty (30) lineal feet,
or portion thereof, of required greenbelt length. Trees may be planted
at uniform intervals, at random, or in groupings. The Planning
Commission may approve substitution of evergreen trees for up to fifty
percent (50%) of the required trees.
- Within all other zoning districts, including industrial and residential
districts, a minimum one (I) deciduous canopy tree, one (I) evergreen tree
and four (4) shrubs shall be planted for each thirty (30) lineal feet. or
portion thereof, of required greenbelt length. Trees may be planted at
uniform intervals, at random, or in groupings.
(b) Buffer Zones. In order to provide protective
screening and buffers between abutting land uses, a landscaped buffer zone
shall be provided along all side and rear lot lines in accordance with the
following:
|
REQUIRED BUFFER ZONES |
Proposed Use Will lie Adjacent
To:
The Proposed Use Single Family Multiple Family Commercial Industrial
District
Will Be: District District District
Single Family None B B A
Residential (I)
Multiple Family B C B A
Residential
Commercial Office B B C B
Industrial A A B C |
|
DESCRIPTION OF REQUIRED BUFFER ZONES |
Buffer Minimum Minimum
Minimum Plant Materials
Zone Width Wall/Berm (2)
A 50 feet continuous wall I deciduous tree, 2 evergreen trees and 4 shrubs
or berm per each 20 linear feet along the property line
B 20 feet continuous wall I deciduous tree, I evergreen tree and 4 shrubs
or berm per each 30 linear feet along the property line
C 10 feet None required I deciduous or evergreen tree or 4 shrubs per
each 20 linear feet along ‘ the property line |
(1) Single family buffer zone required for subdivision plats and
condominium site plans only.
(2) Walls shall be constructed of masonry material such as brick or block
matching the building.
(C) Landscaping of Off-street Parking Areas.
(1) All off-street parking areas shall be landscaped with
one deciduous canopy tree for each ten parking spaces. Landscaping may be
located within interior landscape islands or around the perimeter of the
parking lot, provided that a minimum of one-third of the require parking lot
trees shall be located within landscape islands.
(2) Landscaped areas in parking lots shall be no less
than ten (10) feet in any dimension and no less than one hundred fifty (150)
square feet in area- Landscaped areas shall be protected with curbing or
other means to prevent overhang encroachment of vehicles. Landscaped areas
shall be covered by grass or other living ground cover. Wood chips or
similar material, a minimum depth of three (3) inches is permitted for
planting beds surrounding plant material.
(3) Landscaping shall be dispersed throughout the parking
lot in order to break up large expanses of pavement and help direct smooth
traffic flow within the lot. Whenever possible, parking lot landscaping
shall be designed to improve the safety of pedestrian and vehicular traffic,
guide traffic movement, and improve the appearance of the parking area.
Landscape islands shall be located to define and protect pedestrian walkways
leading to the building entrance.
(4) Where off-street parking areas are visible from a
public street, a hedge row shall be provided within the yard between the
parking lot and the road right-of-way. The hedge row shall be planted with
two foot tall evergreen or deciduous shrubs, 2-1/2 feet on center. As an
alternative to a hedge row, the Planning Commission may permit a three (3)
foot tall brick wall with shrub plantings along the brick wall.
(d) Planting Standards. Plant materials used shall
be nursery grown, free of pests and diseases, hardy in St. Clair County and
in conformance with the standards of the American Association of Nurserymen.
The
following minimum specifications shall apply to all plant
matter of planting proposed in accordance with the landscaping requirements
of this Ordinance:
| MINIMUM PLANT
MATERIAL SIZE |
Minimum Minimum Minimum
Plant Type Caliper 1 Height Spread |
| |
Deciduous canopy trees 2
1/2 inches 4 feet --
first branch |
| Ornamental trees 2 inches 4
feet -- |
Evergreen trees -- 6 feet 2
1/.2 feet
Shrubs -- 2 1/2 feet I5 inches |
| Hedges -- 3 feet -- |
5.9.6 Driveway Access
(a) Driveways in General
(1) Driveways shall be located so as to
minimize interference with the free movement of traffic, to provide
adequate sight distance, and to provide the most favorable driveway
grade.
(2) Driveways, including the radii but not including
turn lanes, passing lanes and tapers, shall be located entirely within
the right-of-way frontage, unless otherwise approved the St. Clair
County Road Commission and upon written certification from the adjacent
property owner agreeing to such encroachment
(3) Any driveway design utilized must allow for an
entering vehicle speed of fifteen (15) miles per hour to help
reduce interference with through street traffic.
(4) Driveway design and placement must be in harmony
with internal circulation and parking design so that the entrance can
absorb the maximum rate of inbound traffic during a normal weekday peak
traffic period as determined by a traffic survey method approved by the
Planning Commission.
(5) There must be sufficient on-site storage to
accommodate at least five (5) queued vehicles waiting to park or exit
without utilizing any portion of the street right-of-way or in
any other way interfere with street traffic or on-site circulation.
(6) Provisions for circulation between adjacent
parcels should be provided through coordinated and/or joint parking
systems, or other methods. determined at the time of the site plan
review.
(7) Driveway entrances must be able to accommodate
all vehicle types having occasion to enter the site, including delivery
vehicles.
(8) Driveway placement should be such that loading
and unloading activities will in no way hinder vehicle ingress or
egress.
(9) Direct access
driveway placement must be such that an exiting vehicle has an
unobstructed sight distance from the stop bar in accordance the County
Road Commission standards.
(10) All commercial driveways shall be designed
according to the standards of the St. Clair County Road Commission.
(11) For high traffic generators, or for commercial
driveways along roadways experiencing or expected to experience
congestion, the Planning Commission may require two (2) egress lanes.
(12) Where a boulevard entrance is desired by the
applicant or Planning Commission, a fully curbed island shall separate
the ingress and egress lanes. The radii forming the edges on this island
shall be designed to accommodate the largest vehicle that will normally
use the driveway. The minimum area of the island shall be one-hundred
eighty (180) square feet. The Planning Commission may require
landscaping on the section outside the public right-of-way. Such
landscaping shall be tolerant of roadway conditions.
(b) Driveway Spacing Standards
(1) Minimum spacing
requirements between a proposed commercial driveway and a side street
intersection either adjacent or on the opposite side of the street shall
be at least two-hundred thirty (230) feet. Such distance may be reduced
to one-hundred twenty-five (125) feet where a channelized driveway
restricting left turns is proposed. Measurements are from the near edge
of the proposed driveway, measured at the throat Perpendicular to the
street, to the near lane edge of the intersecting street or pavement
edge for uncurbed sections.
(2) Minimum spacing between two commercial
driveways along Range Road shall be two–hundred thirty (230) feet,
measured from centerline to centerline.
(3) To reduce left-turn conflicts, new commercial
driveways shall be aliened with those across the roadway where possible.
If alignment is not possible, driveways shall be off a minimum of
two-hundred thirty (230) feet along Range Road, measured centerline to
centerline. Longer offsets may be required depending on the expected
inbound Left-turn volumes of the driveways.
(4) For sites with insufficient street frontage to
meet the above criterion, the Planning Commission may require
construction of the driveway along a side street, a shared driveway with
an adjacent property, construction of a driveway along the property line
farthest from the intersection or require a service road.
(5) In the case of expansion, alteration or redesign
of an existing development where it can be demonstrated that
pre-existing conditions prohibit adherence to the minimum commercial
driveway spacing standards, the Planning Commission may modify the
driveway spacing requirements. Such modifications shall be of the
minimum amount necessary, but in no case shall spacing of a full-access
driveway be less than sixty (60) feet, measured centerline to
centerline.
(c) Number of Commercial Driveways
(1) The number of commercial driveways serving a
property shall be the minimum number necessary to provide reasonable
access, while preserving traffic operations and safety along the public
roadway.
(2) Access, ether direct or indirect, shall be
provided for each separately owned parcel. This access may be an
individual driveway, shared driveway or via a service drive.
(3) One additional driveway may be allowed for
properties with a continuous frontage of over three-hundred (300) feet,
and one additional driveway for each additional three-hundred (300) feet
of
frontage, if the Planning Commission determines there
are no other reasonable access opportunities.
(4) Two one-way driveways may be permitted where the
frontage is at least one-hundred twenty-five (125) feet.
(d) Shared Driveways, Frontage Roads And Service Drives
- Service roads shall generally be parallel or perpendicular to the front
properly line and may be located either along the side or behind principal
buildings. Where site constraints prohibit the development of a rear
service, the Planning Commission may permit a front service drive. In
considering the most appropriate alignment for a service road, the Planning
Commission shall consider the setbacks of existing buildings, anticipated
traffic flow for the site and the Range Road Corridor Plan.
- The service road shall be within an access easement permitting traffic
circulation between properties. This easement shall be forty (40) feet wide.
- Service roads shall have a base, pavement and curb with gutter in
accordance St. Clair County
Road Commission standards for public streets, except
the width of the service road shall have a minimum pavement width of
twenty-six (26) feet.
(4) The service road is intended to be used
exclusively for circulation, not as a parking maneuvering aisle. The
Planning Commission may require the posting of "no parking" signs along
the service road.
(5) The Planning
Commission may approve temporary accesses where a continuous service
road is not yet available and a performance bond or escrow is created to
assure elimination of temporary access when the service road is
continued. At such time as the permanent service road is completed, the
site shall connect to the service drive and close the temporary drive.
(6) Each property owner shall be responsible for
maintenance of the easement and service drive.
5.9.7 Right-of-Way Preservation and Setbacks
(a) Projects along the Range Road Corridor shall provide
right-of-way of seventy-five (75) feet from the centerline of Range Road.
All setbacks required by the underlying zoning district shall be measured
from the required right-of-way line.
(b) Parking lots along the Range Road Corridor shall be
setback twenty (20) feet from the required right-of-way.
Sec. 5.9.8 Non-motorized Transportation
(a) A non-motorized pathway shall be required along the
Range Road frontage for any activity requiring site plan, sketch plan,
condominium or subdivision plat approval.
(b) All pathways shall
be ten (10) feet wide asphalt and constructed in accordance with the
specifications of the American Association of State Highway and
Transportation Officials (AASHTO).
(c) Pathways shall be installed by the applicant within
the road right-of-way, located one (I) foot from the edge of the
right-of-way line.
(d) An inclined approach shall be required where pathways
intersect curbs for barrier free access.
5.9.9 Lighting
(a) All outdoor lighting shall be shielded to reduce
glare and shall be arranged to reflect lights away from all adjacent
residential districts or adjacent residences. Light shall not exceed more
than one-half (0.5) foot-candles at a residential property line. Light shall
not exceed more than one (1.0) foot-candle at a non-residential property
line or the front lot line. The maximum light level within the interior of
the site shall not exceed ten (10) foot-candles, except gasoline service
stations and automobile dealerships shall be permitted to have a maximum
light level of twenty 20) foot-candles when business is open. A photometric
plan prepared by an electrical engineer graphically illustrating the planned
layout and foot-candles of the site lighting shall be submitted as part of
the site plan application.
(b) Outdoor lighting shall be directed toward and
confined to the ground areas of lawns or parking lots except as noted
elsewhere in this section. A lighting plan shall be submitted with the site
plan showing light fixture locations and specifications. Lights shall be a
"cut-off" fixture or similar design feature to shield the lighting. Light
output shall be limited to two and a half percent (2.5%) of fixture
luminosity at a height equal to the light. This requirement may be waived
for ornamental lighting which is part of an overall architectural theme, as
approved by the Planning Commission. Bollard lights are permitted to light
driveways and pedestrian areas. Floodlight type fixtures shall not be
permitted except for building accent and sign lighting.
(c) Light fixtures shall have a maximum height of
twenty-five (25) feet where adjacent to a residential district. Light
fixtures shall have a maximum height of thirty-five (35) feet where
adjacent to non-residential districts.
(d) All lighting in nonresidential districts used for
external illumination of buildings to feature said buildings or to
illuminate a permitted sign, shall be placed and shielded so not to
interfere with the vision of persons on adjacent highways or adjacent
property. Illumination of signs shall be directed or shaded downward so not
to interfere with the vision of persons on the adjacent highways or
adjacent property.
(e) All illumination of signs and any other outdoor
feature shall not be a flashing, moving or intermittent type. Artificial
light shall be maintained stationary and constant in intensity and color at
all times when in use. Electronic signs for time and temperature only may be
permitted.
(1) Single family buffer zone required for
subdivision plats and condominium site plans only.
(2) Walls shall be constructed of masonry material
such as brick or block matching the building.
|
