(a) Because the uses hereinafter cited possess unique characteristics which make them impractical to include in any specific district, or because their external effects on the surrounding areas necessitate more in-depth review and consideration, the following uses may be permitted only by special approval, provided that certain conditions and requirements are met.
(1) Golf courses and country clubs may be permitted in any R-0 through R-5 District and in the I-1 District, subject to the following minimum requirements:
A. No building or structure shall be constructed or located closer than 200 feet from a property line of any abutting residential property.
B. All ingress and egress to and from said site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
(2) Cemeteries and customarily related uses may be permitted in any R-0 through R-5 District, subject to the following minimum requirements:
A. The location of the cemetery shall be permitted in any quarter section of an R District when the quarter section does not have more than fifty-one percent of its land in recorded plats.
B. All access shall be provided from major or secondary thoroughfares having an existing or planned right of way of at least eighty-six feet in width.
C. All sides of the cemetery shall be screened from any residential view by a method approved by the Township Board upon recommendation by the Planning Commission.
D. Crematorium buildings shall not be located closer than 300 feet to any Residential District.
E. Bodies to be cremated shall not be stored or kept on the premises for a period exceeding five calendar days.
F. Any building used as a crematorium shall provide an auxiliary means of electrical service in the event of a power failure.
G. Any crematorium on the cemetery premises shall, at all times, be operated in full compliance with any and all other applicable laws and regulations.
(Ord. 260-A-402. Passed 12-20-04.)
(3) Riding and boarding stables may be permitted in any R-0 through R-5 District, subject to the following minimum requirements:
A. A minimum site of eight acres or more shall be provided.
B. Stables or paddock areas for instruction or confinement of horses shall be at least 300 feet from any property line.
(4) Adult foster care homes may be permitted in any RML or RMH District and in the B-3 District, subject to the following minimum requirements:
A. No less than seven nor more than twelve persons, of which no more than six shall be of age sixty-five or older, shall be cared for at one time.
B. A minimum of eighty square feet of floor area shall be provided for each one person in one bedroom. Where two or more persons are housed in one bedroom or sleeping area, a minimum of fifty square feet of floor area per person shall be provided.
C. Adequate dining and indoor recreation area shall be provided in a manner which will accommodate all residents assembled at one time.
D. Hard-surfaced off-street parking shall be provided on the site at a ratio of one space per three residents.
E. All State, County and other local ordinances or regulations, governing the establishment and operation of an adult foster care home, shall be met.
(Ord. 260-A-58. Passed 8-22-83; Ord. 260-A-265. Passed 7-7-95.)
(5) (EDITOR'S NOTE: This paragraph was repealed by Ordinance 260-A-292, passed August 18, 1997.)
(6) Accessory open-air sales areas may be permitted in any B-1, B-2 or B-3 District, subject to the following minimum requirements:
A. The open-air sales area must be accessory to a principal use permitted in the District.
B. All side and rear yards of such use shall be adequately screened from any abutting Residential District in a manner approved by the Township Board upon recommendation by the Planning Commission.
(7) Automotive service centers, including the service and sale of such items as batteries, brakes, tires, exhaust systems, engines, transmissions, etc., may be permitted in any B-2 District, subject to the following minimum conditions:
A. All activity must be completely conducted within an enclosed building.
B. Bumping, painting and major body repair shall be prohibited.
C. Outdoor storage of wrecked vehicles, non-accessory vehicles, junk or supplies shall be prohibited.
D. No building shall be located closer than fifty feet from residentially-zoned land.
(8) Banquet and catering halls may be permitted in any B-2 District, subject to the following minimum conditions:
A. All ingress and egress to and from such site shall be directly onto a major thoroughfare having an existing or planned right of way at least 120 feet in width.
B. The proposed use shall be adequately screened from any abutting Residential District in a manner approved by the Township Board upon recommendation by the Planning Commission.
(9) Commercial outdoor recreation may be permitted in any B-2, B-3, I-1 or I-2 District, subject to the following minimum conditions:
A. The proposed recreational use shall be fenced on all sides.
B. All recreational buildings or facilities shall be located at least 100 feet from a Residential District.
C. All ingress and egress to and from such site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
(10) Commercial kennels may be allowed in any I-1 or I-2 District, provided the following minimum condition is met: all buildings, including pens, cages and runs, shall be located not less than 100 feet from any property line and not less than 200 feet from any Residential District.
(Ord. 260-A-58. Passed 8-22-83; Ord. 260-A-265. Passed 7-7-95.)
(11) Wireless communication towers, including commercial television and radio towers and cellular telephone antennas, may be permitted in any zoning district within the Township, subject to the following minimum conditions:
A. If the tower is to be located in a Residential or Office District, the property shall be owned and occupied by a governmental or educational entity.
B. All new towers shall be designed and constructed to allow for at least two additional co-locators. Furthermore, the applicant shall commit to the Township that it will negotiate in good faith and allow for leased, shared use of the tower at a reasonable market rate.
C. The height of the tower, including any and all attachments, shall not exceed 175 feet unless a variance has been granted by the Board of Appeals.
D. The tower shall be set back from any Residential District a minimum distance of fifty feet, plus the overall height of the tower.
E. The tower shall be set back from any nonresidential district a minimum distance equal to the overall height of the tower. The setback may be reduced to one-half of the overall height of the tower if the applicant provides a written statement that verifies the ability of the tower to collapse in upon itself. Such statement shall be certified by a licensed engineer or architect.
F. Monopole structures shall be required when technically feasible. To minimize visual pollution, the Township encourages innovative design.
G. The site shall be landscaped in an aesthetically pleasing and functional manner with particular attention to those areas that abut residentially zoned property. The tower base, any accessory buildings and protective fencing shall be screened from abutting public rights-of-way and/or adjacent properties by means of an obscuring greenbelt. Landscaping shall also be provided along any access drives which serve the tower site.
H. When submitting an application for any proposed transmission tower, the applicant shall provide the following documents:
1. A statement, certified and sealed by a licensed engineer or architect, verifying a safe fall zone for the tower, antenna or pole and all attachments. Manufacturer specifications of a safe fall zone may be substituted. No building, sidewalk, parking lot or other area in which pedestrian or vehicular traffic is anticipated shall be permitted within the safe fall area.
2. A statement, certified and sealed by a licensed engineer or architect, verifying that the tower, antenna or pole and all attachments will withstand wind speeds up to 100 miles per hour with no ice and seventy-four miles per hour with up to one-half inch of radial ice. Manufacturer specifications may be substituted.
3. A statement, certified by a licensed engineer, that the signal or signals being transmitted will not interfere with the ability of surrounding uses to receive signals from different radio, television, telephone or other electronic equipment.
4. A report that surveys all existing towers within a one-mile radius of the proposed site, including towers located in neighboring communities. The report shall, at a minimum, identify the owner and provider of each tower and provide information regarding the type, size and height of each tower. The report shall contain documentation as to why co-location on any of the existing towers is not feasible.
5. A statement containing an agreement that, should any tower approved under this chapter cease to function in its approved capacity, it shall be removed from the site within 180 days. Removal shall also include any accessory facilities. In order to ensure compliance with this condition, the Township Board may require that a ten thousand dollar ($10,000) removal bond be posted.
6. No sign, logo, lettering or advertising shall be displayed upon the tower. Signage for any accessory building on the site shall be in compliance with Chapter 1488 of the Building and Housing Code (Clinton Township Sign Ordinance 298, as amended).
(Ord 260-A-327. Passed 3-22-99.)
(12) Banks, savings and loan associations and credit unions may be permitted in the I-1 District, subject to the following minimum condition: the use must be shown to serve an exceptional convenience need within the District.
(Ord. 260-A-314. Passed 8-10-98.)
(13) Automobile painting, bumping and welding shops may be permitted in any B-3 District, subject to the following minimum conditions:
A. All activity must be conducted within a completely enclosed building.
B. Storage of vehicles to be serviced shall be located in the rear yard and shall be adequately screened in a manner approved by the Planning Commission and the Township Board. However, such uses shall not be permitted outdoor storage of such vehicles when the use abuts residentially-zoned land.
C. All ingress and egress to and from said site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
(14) Outdoor theaters may be permitted in any I-1 or I-2 District, subject to the following minimum conditions:
A. The proposed site shall be surrounded only by lands zoned I-1 or I-2.
B. All ingress and egress to and from such site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
C. All vehicles, standing or waiting to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to stand or wait within a public right of way.
D. The area shall be designed so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting to illuminate the area shall be installed so as to be confined within and directed onto the premises of the outdoor theater site.
(15) Auto race tracks (including midget auto and go-kart tracks) may be permitted in any I-2 District, subject to the following minimum conditions:
A. The proposed site shall be surrounded only by lands zoned I-1 or I-2.
B. All ingress and egress to and from such site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
C. All development perimeters shall be provided with a twenty-foot greenbelt planting and a six-foot high masonry wall so as to obscure from view all activities within the development.
(16) Horse and dog tracks may be permitted in any I-1 or I-2 District, subject to the following minimum conditions:
A. The proposed site shall be surrounded only by lands zoned I-1 or I-2.
B. All ingress and egress to and from said site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
C. All sides of the development not abutting a major thoroughfare shall be provided with a twenty-foot greenbelt planting and a six-foot high masonry wall so as to obscure from view all activities within the development.
(17) Junk yards may be permitted in any I-2 District, subject to the following minimum conditions:
A. The site shall be entirely enclosed with an eight-foot obscuring masonry wall of sufficient strength to serve as a retaining wall.
B. There shall be no burning on the site.
C. Material for processing or storage shall not be piled higher than the eight-foot obscuring wall, and there shall be maintained a walkway around the fence area.
D. Such site shall, except for frontage on a public thoroughfare, abut land only zoned I-2.
(18) Quarrying, removal of soil, sand, gravel, clay or similar materials may be permitted within any district, subject to the following minimum conditions:
A. Where an excavation in excess of five feet will result from such operations, the applicant shall erect a fence completely surrounding the portion of the site where the excavation extends, such fence to be not less than five feet in height, complete with gates which shall be kept locked when operations are not in progress.
B. Any roads used for the purpose of ingress and egress to and from such excavation site which are located within 300 feet of occupied residences shall be kept dust free by hard-topping with cement, bituminous substance or chemical treatment.
C. The slopes of the banks of the excavation shall, in no event, exceed a minimum of seven feet to one foot (seven feet horizontal to one foot vertical), and where ponded water results from the operation, this slope must be maintained and extended into the water to a depth of five feet.
D. Where quarrying operations result in a body of water, the owner or operator shall place appropriate "Keep Out - Danger" signs around said premises not more than 200 feet apart.
E. No cut or excavation shall be made closer than fifty feet from the nearest street or highway right-of-way line nor nearer than twenty feet to the nearest property line, provided, however, that the Township Board may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant.
F. The Township Board shall require such other performance standards where, because of peculiar conditions, it deems it to be necessary for the protection of the health, safety, morals and well-being of the inhabitants of the Township.
G. No soil, sand, gravel, clay or similar materials shall be removed below a point six inches above the mean elevation of the centerline of the nearest existing or proposed street or road established or approved by the Macomb County Road Commission, except as required for installation of utilities and pavements.
H. No soil, sand, clay, gravel or similar materials shall be removed in such manner as to cause water to collect or to result in a place of danger or a menace to the public health. The premises shall, at all times, be graded so that no interference occurs with surface water drainage.
I. Sufficient topsoil shall be stockpiled on said site so that the entire site, when stripping operations are completed, may be covered with a minimum of four inches of topsoil, and the replacement of such topsoil shall be made immediately following termination of the stripping operations. In the event, however, that such stripping operations continue over a period of time greater than thirty days, the operator shall replace the stored topsoil over the stripped areas as the operation progresses.
J. The Township Board shall require such other and further provisions as are deemed necessary in the interest of the public health, safety, morals and general welfare of the inhabitants of the Township of Clinton.
K. In addition to the site plan requirements set forth in this paragraph and in Section 1298.10, the following additional information is required:
1. A detailed proposal as to the method of operation, such as the wet or dry method, what type of machinery or equipment will be used and the estimated period of time such operation will cover.
2. A detailed statement as to exactly what type of deposit is proposed to be extracted.
3. The proposed method of filling the excavation where quarrying results in extensive under-surface excavation.
4. A topographic survey map.
5. Such other information as may reasonably be required by the Planning Commission and the Township Board.
L. A fee, as established by the Township Board, to defray the cost of engineering services, investigation, publication and other miscellaneous administrative expenses, shall accompany the application for a quarrying permit.
M. Permits, issued by the Township Board, shall be for a period of one year, and such permit may be renewed by the payment of an annual inspection fee as established by the Township Board. Such permits shall be renewed for so long as the applicant complies with all regulations of this Zoning Code and any conditions of the permit.
N. The Township shall, to insure strict compliance with any regulations contained herein or conditions for issuance of a permit, either for quarrying or stripping topsoil, require the applicant to furnish a surety bond, executed by a reputable surety company authorized to do business in the State of Michigan, in an amount determined by the Township Board to be reasonably necessary to insure compliance hereunder. In establishing the amount of such surety bond, the Township Board shall take into consideration the size and scope of the proposed quarry, probable cost of reclaiming the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree and such other factors and conditions as might be relevant in determining the sum which is reasonable, based on all facts and circumstances of each application.
(19) Dumping of soil, clay, gravel or other materials may be permitted in any district, subject to the following minimum conditions:
A. Prior to the issuance of a dumping permit for a Floodway District and Flood Hazard Area Zone, the applicant shall conform to all requirements of Chapter 1290 and the requirements of Section 1298.10.
B. Prior to the issuance of a dumping permit for other than the Floodway District and Flood Hazard Area Zone, the applicant shall submit an engineering grading plan for review and approval by the Township Department of Building and the Township Engineer. Such engineering grading plan shall include all the requirements listed in Section 1298.10(c)(1) through (8) and shall also show all existing and proposed grades of the fill site and all surrounding area within 100 feet of such site.
C. Within six months following Township Board approval, such land shall be graded in a manner so as to prevent the collection of water, to provide proper drainage and to leave the ground surface fit for the growing of turf and/or development of other land uses permitted in the district.
D. A surety bond shall be required by the Township Board to insure adherence to the provisions specified herein. Such bond shall be in an amount required to restore the site to a safe, healthy, sightly and satisfactory condition.
E. Where the dumping of the aforesaid materials is a necessary and planned activity associated with the erection, addition or alteration of a structure or structures, which activity is carried on pursuant to the issuance of a valid building permit for such erection, addition or alteration by the Township Department of Building, and, as a requisite for such permit, a grading plan of the site and building grades thereon is approved by said Department, or where such dumping activities are a part of the normal landscaping and farming activity, no permit for dumping shall be required.
(Ord. 260-A-58. Passed 8-22-83.)
(20) (EDITOR'S NOTE: This paragraph was repealed by Ordinance 260-A-292, passed August 18, 1997.)
(21) A full-service auto wash may be permitted in the B-2 Community Business District, subject to the following conditions:
A. All ingress and egress to and from such site shall be directly onto a major thoroughfare having an existing or planned right of way of at least 120 feet in width.
B. All side and rear yards of such use shall be adequately screened from any abutting Residential District in a manner approved by the Township Board upon recommendation of the Planning Commission.
C. Self-service, coin-operated units shall be prohibited.
D. Gasoline and all other petroleum fuel-dispensing facilities shall be prohibited.
(Ord. 260-A-122. Passed 7-7-86.)
E. No side property line of such use shall be less than 150 feet from any Residential District.
F. Buildings shall be located not closer than 100 feet from any Residential District.
(Ord. 260-A-137. Passed 3-2-87.)
(22) (EDITOR'S NOTE: This paragraph was repealed by Ordinance 260-A-277, passed September 30, 1996.)
(23) Automobile service stations or other facilities dispensing gasoline on a retail basis may be permitted in the B-3 General Business District, subject to the following minimum conditions:
A. One hundred fifty feet of frontage on the property proposed for a service station shall be provided on the principal street serving such station.
B. The property shall maintain not less than 22,500 square feet of area.
C. All buildings, including canopy and awning structures, shall be set back not less than forty feet from all public right-of-way lines.
D. Gasoline pumps, air and water stations and other such accessories shall be set back not less than forty feet from all right-of-way lines.
E. Only one driveway for ingress and egress purposes shall be permitted for each public thoroughfare on which the site has frontage. Such driveway shall be located at least fifty feet from the intersection of any two streets.
F. In order to facilitate pedestrian safety, no standing or parking shall be permitted in an area immediately adjacent to any customer entrance or payment window.
G. Prohibited activities include automobile painting, bumping, welding and tire recapping and such other similar activities whose external physical effects could adversely extend beyond the property line.
(24) Fast-food restaurants may be permitted in any B-3 District, subject to the following minimum conditions:
A. The site shall be located on a major thoroughfare having a right of way at least 120 feet wide.
B. A landscaped setback of at least twenty-five feet shall be maintained from all road rights of way.
C. Ingress and egress points shall be located at least fifty feet from the intersection of any two streets.
D. Fast-food restaurants shall not be located within 500 feet of an existing fast-food restaurant, except if the fast-food restaurants are separated by a public thoroughfare having a right of way at least 120 feet wide.
E. Fast-food restaurants shall not be located within 300 feet of any One-Family Residential District.
F. Vehicle stacking lanes shall not cross any maneuvering lane, drive or sidewalk.
G. Devices for electronically-amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line.
(25) Churches, temples and other places of worship may be permitted in any R, RT, RM, OS or B District, subject to the following minimum conditions:
A. All ingress to and egress from the site shall be directly onto a major or secondary thoroughfare having a right of way of at least eighty-six feet in width.
B. Front, rear and side yards shall be equal to at least one and one-half times the height of the structure. The height limitations set forth in Section 1292.01 shall not apply to this section.
C. Accessory structures shall not exceed one story in height and shall provide yards equal to at least those required for the church, temple or other place of worship.
D. Parking shall not be permitted in any required or nonrequired front yard.
E. The Planning Commission may require walls, berms or landscaping where it deems the same to be necessary to minimize the impact of the use upon surrounding properties.
(Ord. 260-A-221. Passed 1-20-92.)
(26) Private clubs and/or lodge halls may be permitted in the I-1 Light Industrial District, subject to the following conditions:
A. In no instance shall the building, or any portion of the building, be located closer than fifty feet to any residentially zoned land.
B. All activities, other than off-street parking, shall be conducted within a completely enclosed building.
(Ord. 260-A-239. Passed 8-23-93.)
(27) Automobile dealerships offering new car sales may be permitted in the B-2 Community Business District and the B-4 Regional Business District, subject to the following minimum conditions:
A. The site shall be located on and have direct access, or have access by means of a marginal access road, to a thoroughfare under the jurisdiction of the Michigan Department of Highways and Transportation.
B. Curb cuts, for vehicular ingress/egress from a marginal access road to a major or secondary thoroughfare, shall be no closer than 500 feet from each other.
C. No building or structure shall be located closer than 100 feet to any residentially-zoned property.
D. Ingress and egress points shall be located at least 150 feet from the intersection of any two streets.
E. Noise, whether amplified or otherwise, shall be muffled and directed so as not to be heard from any adjoining residential property.
F. All signage shall be in compliance with Chapter 1488 of the Building and Housing Code.
(Ord. 260-A-305. Passed 3-23-98.)
(28) Billiard halls and coin and/or token-operated amusement arcades may be permitted in any B-2 Community Business District, subject to the following minimum conditions:
A. Such use must be contained within a fully enclosed building.
B. Such building shall be located at least fifty feet from any property or district line of any Residential District.
C. No gambling, except that as regulated by the State, shall be allowed.
(29) Open-air business uses, including outdoor space for the sale or rental of automobiles, agricultural implements, boats or mobile homes, may be permitted in a B-3 General Business District, subject to the following minimum conditions:
A. The site shall be located on and have direct access to a thoroughfare under jurisdiction of the Michigan Department of Highways and Transportation.
B. Ingress and egress points shall be located at least 150 feet from the intersection of any two streets.
C. A landscaped setback of at least twenty-five feet shall be maintained from any abutting public right of way.
D. Noise, whether amplified or otherwise, shall be muffled and directed so as not to be heard from any adjoining residential property.
E. No major repair or refinishing shall be done on the property.
F. All signage shall be in compliance with Chapter 1488 of the Building and Housing Code.
(Ord. 260-A-249. Passed 8-22-94.)
(30) Recreational vehicle storage facilities may be permitted in any B-3 General Business District or I-1 Light Industrial District, subject to the following minimum requirements:
A. The site shall be located on and have direct access to a thoroughfare under jurisdiction of the Michigan Department of Highways and Transportation.
B. The site shall abut only property zoned business or industrial.
C. The site shall be located a minimum distance of 300 feet from any residential property.
D. The site shall contain a minimum of two acres of land.
E. The storage area shall be enclosed with an obscuring wall or fence at least six feet in height.
F. The outdoor storage area shall meet all paving and drainage requirements of the Clinton Township Codified Ordinances unless the Township Board authorizes a variance pursuant to Section 1242.03 of said Ordinances.
G. Maintenance and/or servicing of any vehicle shall be conducted only within a completely enclosed building.
H. The outdoor storage of wrecked vehicles, junk or supplies shall be strictly prohibited.
(Ord. 260-A-361. Passed 1-28-02.)
(31) Sexually-oriented businesses, massage parlors, pawnbrokers and tattoo parlors, check-cashing businesses, resale shops, second-hand dealers, gold sell/buy businesses, precious gems and metals sell/buy businesses, and other similar uses to the above, when located within the Charter Township of Clinton's Downtown Development Authority boundaries, subject to the following minimum conditions: the use must be shown to serve an exceptional convenience need within the Downtown Development Authority boundaries.
(Ord. 260-A-438. Passed 10-6-08.)
(b) In all cases, the power to grant special approval is vested in the Township Board. All applications for special approval shall include a site plan in accordance with the requirements of Section 1298.10 and shall be submitted to the Department of Planning and Community Development for review and recommendation. A public hearing, in accordance with State law and after proper notice, shall be held by the Planning Commission in order to hear any comments or matters by any person on the application. The Planning Commission shall consider all comments in making recommendation to the Township Board.
In reviewing a request for special approval, the Planning Commission and Township Board shall consider each case individually and must find that, in addition to the minimum conditions as previously specified herein, each of the following conditions will also be met:
(1) The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area and applicable regulations of the zoning district in which it is to be located.
(2) The proposed use shall be of a nature which will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular traffic flow, proximity and relationship to intersections, adequacy of sign distances and location and access to off-street parking.
(3) The proposed use shall be designed as to the location, size intensity, site layout and periods of operation of any such proposed use in order to eliminate any possible nuisance emanating therefrom, which might be noxious to the occupants of any nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
(4) The proposed use shall be such that the proposed location or height of buildings or structures will not interfere with or discourage the appropriate development or use of adjacent land or unreasonably affect their value.
(c) The Township Board, upon recommendation by the Planning Commission, may impose such conditions or limitations in granting approval which it deems necessary to fulfill the requirements set forth in subsection (a) hereof. Such conditions, imposed with respect to the approval of a special use, shall be recorded in the record of the approval action and shall remain unchanged, except upon subsequent action by the Township Board.
(Ord. 260-A-58. Passed 8-22-83.)
(d) In all cases where a particular special use has been granted, application for a building permit must be made not later than eighteen months thereafter or such approval shall automatically be revoked.
(Ord. 260-A-249. Passed 8-22-94.)
(e) If the Township Board determines that the particular special use requested does not meet the standards of subsection (a) hereof or may be injurious to the public health, safety, welfare or orderly development of the Township, said Board shall deny the application and furnish the applicant written endorsement of the same which clearly sets forth the reasons for denial.
(Ord. 260-A-58. Passed 8-22-83.)