ARTICLE
XVII: STANDARDS FOR SPECIFIC SPECIAL LAND
USES
The following standards
apply to the uses of land permitted by special use permit. The regulations
contained in this Article shall be applied in addition to any other applicable,
standard or regulation contained elsewhere in this Ordinance unless
specifically noted.
A.
No adult
entertainment use shall be located within one thousand (1,000) feet of any
other adult entertainment use nor within four hundred (400) feet of any of the
following uses:
1.
All Class “C”
establishments licensed by the Michigan Liquor Control Commission.
2.
Pool or billiard
halls.
3.
Coin or token
operated amusement centers.
4.
Teen centers or
dance halls.
5.
Ice or roller
skating halls.
6.
Pawn shops.
7.
Theaters.
8.
Any public park.
9.
Any church.
10. Any public or private school having a curriculum
including kindergarten or any one or more of the grades one (1) through twelve
(12).
Such distance shall be measured along the
centerline of the street or streets or addresses between two (2) fixed points
on the centerlines determined by projecting straight lines at right angles from
the part of the above listed uses nearest to the contemplated location of the
structure containing the adult entertainment use.
B.
No adult
entertainment use shall be located within four hundred (400) feet of any areas
zoned residential. Such required
distances shall be measured by a straight line between a point on the boundary
line of a zoned residential area nearest to the contemplated structure or
contemplated location of the structure containing the adult entertainment use
nearest to the boundary lines of a zoned residential area.
C.
All adult
entertainment uses shall be contained in a freestanding building. Enclosed malls, commercial strip stores,
common wall structures, and multi-uses within the same structure do not
constitute a freestanding building.
D. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” from any public way or from any property not regulated as an adult entertainment use. This provision shall apply to any display, decoration, sign, show window or other opening.
Section 17.01 Adult
Foster Care Large Group Home
A. Locational
Requirements: Adult foster care large group homes are permitted by special
use permit in the Urban Residential District.
B. Site
Requirements:
1. A
designated passenger loading/unloading area shall be provided near a
barrier-free entrance to the facility.
2. A
designated loading/unloading area for delivery vehicles shall be provided.
C. Buffering
Requirements:
1. Property
lines which abut a less intense residential district or use shall be screened
according to the applicable provisions of Section 6.13.
2. Parking
areas and delivery vehicle loading/unloading areas shall be screened according
to the applicable provisions of 6.13.
Section
17.02 Agricultural Processing and
Distribution
Such uses shall include, but
need not be limited to, the following: grain elevators for storage, drying and
sales; bulk feed and fertilizer outlets and distribution centers; seed
dealership outlets and distribution centers; grain and livestock, truck and
cartage facilities; agricultural products, production and processing
operations; and auctions for livestock.
A. Locational
Requirements: Agricultural processing and product distribution
establishments are permitted by special use permit in the Rural Residential
District.
B. Site
Requirements: Minimum lot or parcel size shall be five (5) acres and have a
minimum lot frontage of three hundred thirty (330) feet.
C. Buffering
Requirements: Trucking, outside storage, loading and dock areas shall be
fenced and screened, pursuant to the requirements of Sections 14.05.E.
D. Performance
Standards:
1. No
storage or loading activities shall be permitted within one hundred (100) feet
of any lot line.
2. All
buildings shall be set back a minimum of fifty (50) feet from any lot line.
Section
17.03 Asphalt and Concrete Batching
Facilities
A. Locational
Requirements:
1. Asphalt
batching facilities are permitted by special use permit in the Light Industrial
District.
2. Routes
of supply vehicles or material handling vehicles shall be arranged so as to
minimize nuisances or hazards to existing residential neighborhoods or
commercial businesses.
3. Ingress
and egress to the facility shall be only from a major thoroughfare. The
Planning Commission may approve access to an unpaved or county local road if
the Commission finds that such access point will further minimize impacts on
other properties.
4. Before
permit approval is granted, the Planning Commission shall find that such
batching facility is both incidental to and necessary for construction
activities within six (6) miles of the plant.
B. Buffering
Requirements: Buffer zones shall comply with the requirements of Section
6.13.
C. Performance
Standards:
1. No
noise, dust, or fumes from the operation shall be discernable at or beyond the
lot.
2. Adequate
measures will be taken to prevent lights, drainage, and traffic from creating a
nuisance on uses of adjacent properties.
3. All
permitted materials shall be maintained in a neat and orderly manner and shall
be covered and/or wet down regularly so as to prevent debris from leaving the
area of the site.
4. Hours
of operation shall be set by the Planning Commission after consideration of the
surrounding land uses and the particular traffic patterns on public haul routes
in the area. The maximum range of hours is Monday through Saturday from
5. If
the plant is temporary, the Planning Commission shall require a performance
guarantee (pursuant to Section 4.06) conditioned upon the removal of the
facilities and return of the site to an acceptable condition upon completion of
activities and as specified in the special use permit.
6. The
facility shall comply with the performance standards of the district.
Section
17.04 Automobile Service and Repair
Stations
A. Locational
Requirements:
1. Automobile
service and repair stations are permitted by special use permit in the Highway
Service District.
2. For
facilities with new underground storage tanks, the site shall be three hundred
(300) feet from any residential well, eight hundred (800) feet from a non‑community
public water well and two thousand (2,000) feet from any public water well.
3. Ingress
and egress to the facility shall be only from a major thoroughfare, or from a
shared access drive to such roadway.
4. No
driveway or curb cut shall be located less than ten (10) feet from any lot
line, measured from the edge of the driveway to the lot line.
5. No
more than two (2) driveways onto a roadway shall be permitted per site.
Driveway approach width shall not exceed thirty (30) feet.
6. The
site shall be no less than two hundred (200) feet from any place of public
assembly, including any hospital, sanitarium, school, church or other
institution. Measurement shall be the closest distance between exterior lot
lines.
B. Site
Requirements:
1. In
addition to the minimum lot size of the district, gasoline stations shall have
an additional five hundred (500) square feet of lot area for each pump over
four (4), and one thousand (1,000) additional square feet of lot area for each
additional bay over two (2).
2. The
minimum lot width and frontage shall be two hundred (200) feet.
3. All
gasoline pumps shall be located not less than fifteen (15) feet from any lot
line or within thirty (30) feet of the road right-of-way, and shall be arranged
so that motor vehicles using them will not be parked on or overhanging any
public sidewalk or street right-of-way.
4. The
entire area used for vehicle service shall be hard-surfaced and adequately
drained.
5. There
shall be no above-ground outdoor storage/dispensing tanks on the site without
leak proof secondary containment sufficient to accommodate one hundred twenty
(120) percent of the volume of the tank.
C. Buffering
Requirements:
1. Buffer
zones shall comply with the requirements of Section 6.13.
2. Dumpsters
shall be screened from adjacent properties by vegetation, landscaping, or
fences.
3. The
view of all restroom doors shall be shielded from adjacent streets and
residential districts.
4. All
lighting shall be shielded from adjacent streets and residential districts.
D. Performance
Standards:
1. Hydraulic
hoists, service pits, lubricating, greasing, washing, and repair equipment and
operations shall be located within a completely enclosed structure.
2. Storage
of vehicles rendered inoperative for any reason, and vehicles without current
license plates and registration, shall be limited to a period of not more than
thirty (30) days and then only for the purpose of temporary storage pending
transfer to a junkyard. Such storage shall not occur in front of the building.
3. Sales
of new and used motorized vehicles shall not be permitted.
4. No
public address system shall be audible from any abutting residential parcel.
5. All
floor drains shall be connected to a public sanitary sewer system with the
approval of the sewer authority or connected to an approved holding tank.
6. All
flammable liquids, solvents, cleaners, and other hazardous substances capable
of contaminating groundwater shall be stored within the building and secondary
containment measures shall be installed and utilized to prevent spilled
materials from contacting the ground.
7. All
handling of flammable or hazardous substances shall be in accordance with state
and federal laws and all required state and federal permits shall be obtained
and the establishment shall remain in conformance therewith.
8. A car
wash may be established as part of the principal structure or as a separate
structure but shall conform to all setback requirements for a principal
structure.
Section
17.05 Bed and Breakfast Establishments
A. Locational
Requirements: Bed and Breakfast establishments are permitted by special use
permit in the Rural Residential, Suburban Residential, and Urban Residential
Districts.
B. Site
Requirements:
1.
One (1) parking
space per room to be rented shall be provided on site, in addition to the
parking required for a single-family dwelling. Parking shall be arranged so as
not to pose negative impacts on adjacent properties or necessitate on‑street
parking.
2.
The parcel on
which the establishment is to operate must meet or exceed the minimum lot area
requirements of the zoning district.
C. Performance
Standards:
1. The
bed and breakfast facility must be a single-family dwelling, which is operated
and occupied by the owner of the dwelling.
2. The
applicant shall provide a scaled floor plan of the premises as part of the
special land use application.
3. The
exterior appearance of the structure shall not be altered from its
single-family character.
4. The
impact of the bed and breakfast establishment on the neighborhood shall be no
greater than that of a private home with weekend guests.
5. One
sign is permitted providing:
a. It is
for identification purposes only.
b. It is
not internally illuminated and does not exceed four (4) square feet.
c. It
shall be mounted flush to the principal structure.
6. No
transient occupant shall reside on the premises for more than fourteen (14)
consecutive days and not more than thirty (30) days in any one (1) year.
7. No
separate or additional kitchen facilities shall be provided for the guests.
8. Retail
sales are not permitted beyond those activities serving overnight patrons.
9. Meals
shall not be served to the public at large but only to guests.
10. No
receptions, private parties or activities for which a fee is paid shall be
permitted.
11. Exterior
solid waste facilities beyond what might normally be expected for a
single-family dwelling shall be prohibited.
Section
17.06 Billboards
A. Locational
Requirements: Billboards are permitted by special land use permit in the
Highway Service and Light Industrial Districts.
B. Performance
Standards:
1. Not
more than three (3) billboards may be located per linear mile of a federal aid
primary trunkline highway, regardless of the fact that such billboard may be
located on different sides of the subject highway. Linear limits shall be
limited to the boundaries of the Township. V-type structures shall be
considered as two (2) billboards and a double-faced (back-to-back) structure
shall be considered one (1) billboard.
2. Billboards
shall be located not closer than one hundred (100) feet from a road right-of-way
and two hundred (200) feet from any road right-of-ways which intersect.
3. No
billboard shall exceed three hundred (300) square feet in surface display area
if placed to orient to I-96 and not more than seventy-two (72) square feet if
placed to orient along any other street.
4. No
billboard shall exceed twenty-five (25) feet in height.
5. Outdoor
advertising structures may be illuminated provided, however, that said
illumination is not visible beyond the lot lines of the parcel upon which the
structure is located.
6. Outdoor
advertising structures shall be adequately maintained. Such maintenance shall
include proper alignment of structure, continued readability of structure and
preservation of structure with paint or other surface finishing material. If an
outdoor advertising structure is not maintained, written notice of any
disrepair shall be issued to the owner of said structure. If the disrepair is
not corrected within thirty (30) days, said structure shall be removed at the
owner's expense.
7. The
billboard must be constructed in such a fashion that it will withstand all wind
and vibration forces, which normally can be expected to occur in the vicinity.
Section
17.07 Cemeteries and/or Mausoleums
A. Locational
Requirements:
1. Cemeteries
and/or mausoleums are permitted by special land use permit in Rural Residential
and Suburban Residential Districts.
2. All
ingress and egress to the site shall be from a major thoroughfare.
3. The
site shall not interfere with the future development of a system of collector
and larger streets in the vicinity.
B. Site
Requirements:
1. The
minimum lot or parcel size for cemeteries and/or mausoleums shall be twenty
(20) acres.
2. No
more than five (5) percent of the site area may be occupied by buildings.
3. All
burial plots and all structures including but not limited to a mausoleum shall
be set back no less than fifty (50) feet from any lot line or road right-of-way.
4. Adequate parking shall be provided on the
site, at least fifty (50) feet from any lot line, and no cemetery parking shall be
permitted on any public street.
C. Buffering
Requirements: A ten (10) foot buffer zone containing screening plant
materials approved by the Planning Commission is to be provided adjacent to all
interior lot lines pursuant to the requirements of Section 6.13.
D. Performance
Standards: All facilities for the ground burial area of the site shall be
designed and constructed in accordance with the requirements of the Livingston
County Health Department and the State of
Section
17.08 Child Care Centers
A. Locational
Requirements: Child care centers are permitted by special use permit in the
Rural Residential (RR), Suburban Residential (SR), and Urban Residential (UR) Districts.
B. Site
Requirements:
1. No portion of a child care center shall be located
within three hundred (300) feet of any gasoline pumps, underground storage
tanks, or any other explosive material.
2. A child loading/unloading area shall be designated
which assures safe access to the center and will not impede circulation within
the parking area or access to the site during peak hour traffic.
3. On-site traffic circulation shall be restricted to a
one-way traffic pattern, where possible.
4. The child care center shall have frontage on a paved
road if the number of children at peak enrollment exceeds twelve (12).
5. Child care centers in the SR and
6. The required outdoor play area shall be enclosed on
its perimeter with a fence that is designed to discourage climbing, and is at
least four (4) feet in height, but not higher than six (6) feet. Landscaping along the perimeter of the
outdoor play area is required to provide shade and for screening purposes.
7. Off-street parking shall be provided at a rate of one
(1) space per employee plus one (1) space for every five (5) children enrolled
at the facility.
8. The layout and operation of the center shall protect the surrounding neighborhood from unreasonable n