(a) Each use listed in this section, whether permitted by right or subject to approval as a special land use, shall be subject to the supplemental regulations specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use that is of a size or type, or that possesses characteristics which are unique or atypical in the district in which the use is located. These will help ensure that such uses will be compatible with surrounding properties.
(1) Accessory buildings, except as otherwise permitted in the Zoning Code, shall be subject to the following regulations:
A. When an accessory building is attached to the main structure, it shall be subject to and must comply with all regulations applicable to the main structure.
B. In One-Family Residential Districts, each dwelling shall be limited to two detached accessory buildings, provided that the combined total floor area of the detached buildings shall not exceed 650 square feet or one-half the floor area of the principal dwelling or 2% of the total land area of the lot or parcel, whichever is greater. In no instance shall the combined floor area of the detached accessory buildings exceed 2,500 square feet.
C. In One-Family and Two-Family Residential Districts, detached accessory buildings shall be erected only in the rear yard.
D. In the RM, OS, B, I and SP Districts, accessory buildings shall not be erected in any front yard.
E. Detached accessory buildings shall not be located closer than three feet to any side lot line nor closer than six feet to any rear lot line. At the discretion of the Superintendent of Public Works or the Superintendent of the Department of Building, larger setbacks may be required for drainage purposes.
F. No accessory building shall be located in any public utility easement. Where public utility easements have not been granted, such easements may be required. The Department of Public Works shall describe and prepare the easement for recording with the Macomb County Register of Deeds.
G. No detached accessory building shall be located closer than three feet to any main building.
H. When an accessory building is located on a corner lot or parcel having a rear yard which abuts the side yard of the adjacent lot or parcel, the accessory building shall be placed so that the side yard abutting the public right-of-way shall not be less than required front yard of the district. When an accessory building is located on a corner lot or parcel having a rear yard which abuts the rear yard of the adjacent lot or parcel, the accessory building shall be placed so that the side yard abutting a public right-of-way shall be not less than ten feet.
I. In those instances where the rear lot line abuts a public alley right-of-way, the accessory building shall not be closer than one foot to such rear lot line.
J. No detached accessory building shall exceed one story or 14 feet in height.
K. In the RM, OS, B, P, I and SP Districts, all accessory buildings proposed to be added to a lot or parcel of land containing an existing principal use or building shall be subject to site plan review and approval by the Planning Commission.
(2) Accessory minor automotive repair and servicing of vehicles owned by the occupants of a residence is permitted in R-1 through R-5, R-T, and RML districts. However, major automotive repairs, including bumping and/or painting, and any repairs on vehicles not owned by occupants of the residence, are prohibited.
(3) Accessory open-air sales areas may be permitted by special use approval 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.
(4) Adult foster care homes may be permitted in any Residential District and by Special Land Use in the B-3 District, subject to the following minimum requirements:
A. No less than seven nor more than 12 persons, of which no more than six shall be of age 65 or older, shall be cared for at one time.
B. A minimum of 80 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 50 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.
(5) Adult Use businesses are permitted in B-3 General Business District, subject to the following conditions:
A. No Adult Use business shall be located closer than 1,000 feet to any other adult use business.
B. It shall be unlawful to establish any such use in a B-3 District, unless prohibition is waived upon presentation to the Clinton Township Planning Department of a validated petition requesting such waiver. Such petition shall describe the business as being of an adult use nature and shall be signed by at least 51% of those persons owning residentially-zoned property and by 51% of the occupants of any residential rental units and by 51% of those owning or conducting business within 300 feet of the proposed location. Such petition must also be signed by the legal representative of any church or school located within 300 feet of the proposed location.
C. The site shall be located so as to abut a major thoroughfare, and all ingress and egress to the site shall be directly from such major thoroughfare.
D. The use shall not be located within a planned shopping center, as defined in Section 1250.
(6) Ancillary oil and gas uses shall be permitted subject to special land use approval in the B-3 and B-4 Districts. Accessory or ancillary oil and gas well uses or structures shall be permitted as principal uses in the I-1 Light Industrial District and I-2 General Industrial District. All such uses shall be subject to the provisions of this section and all other applicable ordinances and laws.
A. Ancillary oil and gas well or use structures may be permitted in B-3 General Business District subject to the following minimum requirements:
1. Such uses in facilities shall be placed completely to the rear of any existing principal structure or building.
2. The property upon which any structures are situated above ground shall be at least two acres.
3. Any above ground structures shall be situated at least 150 feet from any adjacent property line unless all occupants and owners of adjacent property consent in writing to a closer location and in no event shall such structures be located any closer than 50 feet to adjacent lot lines.
4. The provision of Chapter 1494 all apply except in direct conflict.
B. Setbacks and locations shall be provided as follows:
1. Lot size shall be a minimum of one acres in the B-3 General Business District and at least two acres in the B-4 Regional Business District, I-1 Light Industrial District and I-2 General Industrial District.
2. Setbacks shall be at least 150 feet from adjacent lot lines in the B-3 General Business District and B-4 Regional Business District unless all owners and occupants of adjoining property agree in writing to a lesser set back which in no case shall be less than 50 feet from adjoining property lines.
3. In all cases any accessory structures shall be located behind any existing principal building or structure.
4. In all cases any accessory structures or uses shall be set back at least 100 feet from any right-of-way.
5. In all cases where adjacent to property zoned for residential uses or upon which any residential use exist, hours of operation involving the use of any artificial lighting or motor whether electrical, combustible engine or otherwise shall not be permitted prior to 9:00 a.m. or after 5:00 p.m.
6. No accessory structure shall be permitted temporary or permanent which is at a height greater than 20 feet measured from the ground to the highest point of the structure.
7. Distance from residential zoned or property occupied for any residential use of 660 feet shall be maintained for any above ground accessory structure.
C. Performance Standards.
1. An impact statement shall be required if accessory structures are to be used to transport water from the site in quantities exceeding 100,000 gallons or more per day over a 30 day average. To demonstrate that the proposed quantity, nature, scope and extent of the proposed removal, use, or transfer will not materially diminish adjacent ground water or impair any ground water or surface water, an impact statement shall be filed. Such impact statement shall be prepared by a registered professional engineer licensed in the State of Michigan.
2. Detailed plans for the transporting handling, storage, mixing or use of chemicals or mixtures of water, chemicals or other materials shall be submitted. Information prepared by a registered professional engineer shall be submitted identifying the ground water flow direction in any potential pathway by ground water to surface water or any adjacent wetland, creek, lake or stream. A ground water monitoring plan shall be submitted.
3. Storm water control compliant with all applicable ordinances of the Township and otherwise as provided by law shall be provided.
4. The routes for vehicular access and a description including the class, axels, weight and photographs of vehicles which will be used at the site shall be provided.
5. A restoration plan demonstrating how the property will be brought back to its state as existed prior to the use of accessory structures shall be furnished. A performance bond issued by a best A rated surety or better shall be furnished in an amount as determined by the Township Engineer as adequate to offset restoration expenses before any approval is granted. The Township may use the bond for restoration following a demand for restoration and a failure to timely complete restoration.
6. A site plan shall be provided showing the location of accessory structures above and below ground, the location of wells and the location of access roads. Site plans shall be compliant with the site provisions of this section.
(7) Auto race tracks (including midget auto and go-kart tracks) may be permitted by special use approval 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 20-foot greenbelt planting and a six-foot high masonry wall so as to obscure from view all activities within the development.
(8) Auto wash rack or motor vehicle laundry are permitted in B-3 General Business District, subject to the following:
A. Vehicular ingress and egress shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet in width, except that it shall be permissible to allow vehicles to exit from the facility onto a public alley.
B. All vehicles standing and waiting to enter the facility shall be provided off-street waiting space, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach.
(9) Automobile dealerships offering new car sales may be permitted by special use approval 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.
(10) Automobile painting, bumping and welding shops may be permitted by special use approval in any B-3 District and are permitted in the I-1 Light Industrial District, subject to the following minimum conditions:
A. All activity must be conducted within a completely enclosed building.
B. Where the use is in the B-3 district, these additional standards shall apply:
i. 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.
ii. 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. Where the use is in the I-1 district, these additional standards shall apply:
i. The storage of vehicles to be serviced shall be located in the rear yard and shall be adequately screened by a method approved by the Planning Commission and the Township Board.
ii. Such uses shall not be permitted outdoor storage of such vehicles when the use abuts residentially zoned land.
(11) Automobile service stations or other facilities dispensing gasoline on a retail basis may be permitted by special use approval 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 40 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 40 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 50 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.
(12) Automotive service and repair of such items as batteries, brakes, tires, glass, exhaust systems, upholstery, undercoating, transmissions and engines, are permitted in the I-1 Light Industrial District and B-3 General Business District, and may be permitted by special use approval in the B-2 District, subject to the following conditions:
A. Where the use is located in the B-2 District, the following standards shall apply:
i. All activity must be completely conducted within an enclosed building.
ii. Bumping, painting and major body repair shall be prohibited.
iii. Outdoor storage of wrecked vehicles, non-accessory vehicles, junk or supplies shall be prohibited.
iv. No building shall be located closer than 50 feet from residentially-zoned land.
B. Where the use is located in the B-3 District, the following standards shall apply:
i. In no instance shall the building be located closer than 50 feet to residentially zoned land.
ii. Overhead doors shall not face or abut residentially zoned land.
iii. Outdoor storage of wrecked vehicles or junk shall be prohibited.
C. Where the use is located in the I-1 District, the following standards shall apply:
i. Outdoor storage of vehicles, auto parts or junk shall be prohibited.
(13) Banks, savings and loan associations and credit unions may be permitted by special use approval 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.
(14) Banquet and catering halls may be permitted in any B-2 District by special use approval, 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.
(15) Billiard halls and coin and/or token-operated amusement arcades may be permitted by special use approval 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 50 feet from any property or district line of any Residential District.
C. No gambling, except that as regulated by the State, shall be allowed.
(16) Billiard halls, coin and/or token-operated amusement arcades, nightclubs and skating rinks are permitted in the B-3 General Business District, subject to the following conditions:
A. When entirely contained within an enclosed building. Such building shall be located at least 100 feet from any property line of any Residential District.
(17) Bus passenger stations are permitted in B-3 General Business District, subject to the following conditions:
A. Buses shall not be parked or stored overnight at the station.
B. The station shall be used only for parking of vehicles of patrons and employees, ticket sales and waiting and pick-up areas.
(18) Business or professional schools, operated for profit, are permitted in OS Office/Service District, B-1 Neighborhood Business District, and B-2 Community Business District subject to the following conditions:
A. The site shall be located so as to have one property line abutting a major thoroughfare of 120 feet existing or proposed right-of-way and all ingress and egress shall be to and from such thoroughfare.
B. The Department of Planning and Community Development shall determine that off-street parking facilities are adequate to accommodate such use.
(19) Business uses may be permitted in the RMH district if the following conditions are met:
A. The uses is developed as retail or service uses clearly accessory to the main uses.
B. The use is within the walls of the main structure and obscured from view so as not to encourage patronage from beyond the RMH development.
C. No advertising signs shall be visible from outside the building.
(20) Carnivals and Festivals may be permitted in any I-1 or I-2 District, and festivals may be permitted in any district, subject to the procedure and minimum requirements and regulations as herein provided for:
A. Procedure. Applicants shall submit a written application, upon forms to be provided by the office of the Township Clerk, accompanied by such non-refundable fee as may be established by the Township Board by resolution, which application shall contain the following minimum information:
i. The name and address of the applicant.
ii. The name and address of any sponsor organization.
iii. The street address or other specific location where the carnival or festival is to be conducted, together with the dates of its proposed operation and the name and address of the owner of such premises or other person authorized to grant permission for use thereof.
iv. A general description of existing business or land use of the premises, if any use exists.
v. A brief description and number of any licenses, permits or other approvals required under the laws of the State of Michigan or by any governmental agency, together with a copy of each such license, permit or approval.
B. A copy of a written lease or other authorization to use such premises shall accompany the application.
C. A sketch or other drawing, depicting the location on the premises where the carnival is to be conducted, including the number and location of all toilet facilities and fencing as required under this Zoning Code, shall accompany the application.
D. The Township Clerk shall forthwith forward such application to the Department of Planning and Community Development for its review to assure compliance with this Zoning Code and the Department shall return such application to the Township Clerk within seven days with its recommendation and reasons therefor.
E. The Township Clerk shall forthwith forward such application to the Department of Building, Fire, Police and Public Works for their review and/or inspection of the premises and submittal of their recommendations thereon to the Township Clerk.
F. Such application and such recommendations shall then be placed upon the agenda of the next regularly scheduled Township Board meeting for its action in granting or denying such uses, provided that the Township Board may postpone final action for good cause, which would include the finding of a necessity to obtain additional information to assure compliance with this Zoning Code and other ordinances or other laws.
G. In addition to the information herein required, an application for a carnival or a festival involving the live performance of amplified music or music played out of doors shall include the following:
i. A statement verifying the capability of personnel to accommodate the potential increase in vehicle and pedestrian traffic.
ii. A statement verifying that levels of artificial light and noise generated by the proposed use will not have a negative impact upon surrounding properties.
iii. A statement verifying that the nature of the proposed entertainment will not have a negative impact upon the health, safety and welfare of patrons and participants.
H. Minimum requirements and regulations. Each carnival and festival shall comply with the following minimum requirements and regulations:
i. Permits and approvals. Any and all permits or approvals required by any governmental agency, Federal, State or Municipal, shall be obtained and maintained in force.
ii. Insurance. A policy of public liability insurance of not less than $500,000 per person and $1,000,000 per incident, together with property damage of not less than $100,000 shall be maintained, a copy of which policy shall be furnished to the Township Clerk prior to commencement of operation of the carnival or festival.
iii. Parking. Adequate parking shall be provided to reasonably insure that persons attending the carnival or festival or the other existing business conduct on the premises will not find it necessary to park on the public right-of-way of other lands.
iv. Hours of operation. Carnivals shall not operate prior to 10:00 a.m. and shall close not later than 11:00 p.m., Eastern Standard Time or Eastern Daylight Savings Time, as the case may be. Festivals shall not operate prior to 10:00 a.m. and shall close not later than 2:00 a.m. Eastern Standard Time or Eastern Daylight Savings Time, as the case may be.
v. Toilet facilities. Each carnival or festival shall have adequate permanent or portable toilet facilities available on the premises.
vi. Refuse containers and daily clean-up. Each carnival and festival shall maintain, about the premises, sufficient refuse containers to reasonably insure that all paper and other debris from products sold or made available to persons in attendance will not be thrown on the ground. Such containers shall promptly be emptied when full into dumpsters or other containers as approved by the Township Department of Public Works. Immediately upon closing each day, the entire premises of the carnival or festival shall be cleaned in a manner to remove and dispose of all debris and refuse on and about the grounds.
vii. Fencing. The entire perimeter of the portion of the premises where the carnival or festival is to be conducted shall be fenced with a temporary fencing of such type and height as to reasonably insure the segregation of this use from the remainder of the premises and to prohibit persons from entering or leaving except through designated entrances and exits.
viii. Security. Each carnival or festival shall provide sufficient professional security guards to reasonably insure the maintenance of peace and order on the premises and to otherwise protect the public in attendance thereat. "Professional security guard" is hereby defined to mean a person who has received training and/or is licensed as a security guard.
ix. Residing on premises. Employees or other persons shall not be permitted to reside upon the premises on which the carnival or festival is conducted, except one person for security purposes who may reside overnight therefor. All other employees and persons participating in such carnival or festival shall reside off the premises and in other duly authorized and lawful locations for residence purposes. They may not occupy manufactured homes, trailers or other vehicles situated in any location in the Township except in a duly licensed manufactured home park, travel trailer park or campground.
x. Gambling games prohibited. Games of chance or other contests, which are construed as gambling prohibited under the laws of the State of Michigan, shall not be permitted.
xi. Clean-up bond. Each applicant for a carnival shall deposit with the Township Clerk a cash bond in the sum of $1,000 and each applicant for a festival shall deposit with the Township Clerk a cash bond in the sum of $500 prior to commencement of operation, such cash bond to be held by the Township Clerk as security for cleaning up and removal of all debris from the premises upon termination of the carnival or festival. This bond shall be refunded to the applicant upon request therefor and written certification by the Township Department of Public Works that all debris emanating from such carnival or festival has been removed from the premises. In the event no written request for refund of such bond is received within 30 days following the removal of the carnival or festival from the premises, such bond shall be presumed abandoned and transferred to the Township General Fund as public money.
I. Waiver of fees. Any bona fide charitable or non-profit organization, which is not established or operated for political purposes, may apply for waiver of fees at the time it submits its application pursuant to the procedure hereinbefore cited, and the Township Clerk shall process such application without the fee paid in advance, and, at the time it is submitted to the Township Board, a determination shall be made by the Township Board as to whether or not the fee should be waived. Any approval of the application by the Township Board without waiver of fee shall be conditioned upon payment of the fee in advance of conducting the carnival or festival.
(21) Cemeteries and customarily related uses may be permitted by special use approval in any R-1 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 51% 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 86 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.
(22) Child care centers are permitted in the OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District, subject to the following conditions:
A. Such centers shall comply with applicable laws of the State of Michigan or the Federal Government.
B. All outdoor play areas provided shall be fenced on all sides with a minimum of a four-foot high fence.
C. The site shall be located so as to have one property line abutting a major or secondary thoroughfare and shall have all access provided to said thoroughfare.
(23) Colleges, universities and other such institutions of higher learning, public or private, offering courses in general, technical or religious education and not operated to train manual trades or for profit are permitted in One-Family Residential Districts (R-1 through R-5), Two-Family Residential District (R-T), and the Multiple Family Residential Low-Density District (RML), subject to the following conditions:
A. Any use permitted herein shall be developed only on sites of at least 40 acres in area and shall not be permitted on any portion of a recorded subdivision plat.
B. All ingress to and egress from said site shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet of width.
C. No building shall be closer than 75 feet to any property line.
D. Fraternities and sororities shall be permitted when constructed on the college campus proper.
E. The height of such residential buildings in excess of the minimum requirements may be allowed, provided that minimum yard setbacks, where yards abut land zoned for residential purposes, are increased for each yard by not less than 30 feet for each 12 feet, or fraction thereof, by which said building exceeds the minimum height requirements of the zoning district.
F. Those buildings to be used for servicing or maintenance, such as heating plants, garages. storage structures and the like, shall not be located on the outer perimeter of the site where abutting property is zoned for residential purposes.
(24) Commercial kennels may be permitted by special use approval 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.
(25) Commercial outdoor recreation may be permitted by special use approval 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.
(26) Dumping of soil, clay, gravel or other materials may be permitted by special use approval 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 Public Services. 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.
(27) Fast-food restaurants may be permitted by special use approval 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 25 feet shall be maintained from all road rights-of-way.
C. Ingress and egress points shall be located at least 50 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.
(28) Full-service auto wash may be permitted by special use approval 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.
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.
(29) Funeral homes are permitted in the OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District if they meet the following conditions:
A. Sufficient assembly area for vehicles to be used in a funeral procession shall be provided in addition to required off-street parking. Sufficiency of such assembly area shall be subject to the discretion of the Planning Commission and the Township Board.
B. The site shall be located so as to have one property line abutting a major thoroughfare of 120 feet existing or proposed right-of-way.
C. Adequate ingress and egress shall be provided to and from said major thoroughfare.
D. No building shall be located closer than 50 feet to the outer perimeter of the District when said District abuts any One-Family Residential District.
E. Loading and unloading areas used by ambulance, hearse or other such service vehicles shall be obscured from all residential view with a six-foot high masonry wall.
F. A crematorium is permitted as accessory to the funeral home if said crematorium does not directly abut any residentially zoned or residentially occupied property.
(30) Golf courses and country clubs may be permitted by special use approval in any R-1 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.
(31) Group daycare home shall be permitted in any Residential District if it meets all of the following standards:
A. Is located not closer than 1,500 feet to another licensed group daycare home, adult foster care small group home or large group home licensed under P.A. 218 of 1979, M.C.L.A. 400.701 to 4737, a facility offering substance abuse treatment and rehabilitation services to seven or more people licensed under Art. 6 of the Public Health Code, P.A. 368 of 1978, M.C.L.A. 333.6101 to M.C.L.A. 33.6523, or a community correction center, resident home, halfway house or similar facility which houses an inmate population under the jurisdiction of the Department of Corrections.
B. Has fully-closed (around perimeter of lot) minimum four-foot-high vinyl coated chain link fence with three quarter (3/4) inch openings or other approved vinyl fencing for the safety of children in the group daycare home which fencing shall be designed to avoid injury to children, impede the ability of children to climb the fencing. Fence color shall be white, brown, green, beige or black. Group daycare homes licensed prior to the effective date (adoption) of Ordinance 260-A-441 are grandfathered from this provision.
C. Maintains the property consistent with the visible characteristics of the neighborhood.
D. Does not exceed 16 hours of operation during a 24-hour period and does not allow for the pick up or drop off of children between the hours of 10:00 p.m. and 6:00 a.m. or for children to be situated outside of the dwelling unit itself between the hours of 10:00 p.m. and 6:00 a.m.
E. One sign which is not illuminated shall be permitted using block or script black letters occupying not more than 25% of a window within the window of the dwelling unit not exceeding 18 inches by 24 inches which designates the name of the group daycare home.
F. Off-street parking consists of and may be located in a driveway or garage or combination thereof and shall be located on the premises which they are intended to serve. Such parking shall be restricted to the paved areas beyond the right-of-way completely located on private property. One space shall be provided for every two occupants. In the event there are an odd number of occupants beyond a single occupant an additional space shall be provided. Employee parking for employees of the group daycare home shall be provided off-street. One space for every employee shall be provided.
(32) Horse and dog tracks may be permitted by special use approval 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 20-foot greenbelt planting and a six-foot high masonry wall so as to obscure from view all activities within the development.
(33) Hotels or motels are permitted in B-3 General Business District, subject to the following conditions:
A. Vehicular ingress and egress to and from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet in width.
B. No kitchen or cooking facilities are to be provided, with the exception of units for use by the manager or caretaker.
C. Each unit shall contain no less than 250 feet of floor area.
D. Units shall not be occupied as a place of permanent residence and a guest register shall be maintained by the motel or hotel.
(34) Junk yards may be permitted by special use approval 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.
(35) Limited retail sales of products customarily incidental to the principal uses are permitted in the I-1 Light Industrial District and TR Technical Research District, subject to the following:
A. The total floor area within the structure devoted to sales and display shall not exceed 10% of the floor area of the entire building.
B. The display of products for sale shall not be visible from outside the building.
(36) Lumber yards are permitted in the I-1 Light Industrial District, subject to the following conditions:
A. Such site shall abut only land within a B-3, I-1 or I-2 District.
B. All incidental storage shall be screened by a berm or wall, and such screening shall be approved by the Planning Commission and the Township Board.
37) Massage parlors are permitted in B-3 General Business District, subject to the following conditions:
A. The use shall comply with Chapter 850 of the Codified Ordinance.
(38) Medical offices, including clinics only for human care, are permitted in the OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District if they solely serve patients on an out-patient basis.
(39) Mini-warehouse or self-storage facilities are permitted in I-2 General Industrial District and may be permitted as a special land use in the I-1 Light Industrial District, subject to the following conditions:
A. Vehicular ingress and egress to and from the site shall be directly to and from a major or secondary thoroughfare.
B. No storage of combustible or flammable liquids or fibers, or explosive materials, as defined in the Fire Prevention Code, or hazardous or toxic materials shall be permitted within the mini-warehouse or self-storage facilities/buildings or upon the premises of the mini-warehouse or self-storage property.
C. No outdoor storage of any kind shall be permitted.
D. Except for rental offices and/or manager living quarters, the use of the facility/building shall be limited to the storage of non-hazardous personal items only.
E. Facilities/buildings shall not be used for the operation of any other business, nor for vehicle or equipment maintenance and repair.
F. Retail sales to tenants of products and supplies incidental to the principal use shall only be permitted, such as packing materials, labels, tape, twine, locks, chains and similar products.
G. No facility/building shall be located closer than 25 feet to any property line.
H. Each facility/building shall have a façade of brick or decorative block and shall have a gable, hip or other type of sloped roof.
I. No site shall be permitted which is adjacent to residentially zoned property or property occupied for residential purposes.
J. Additional screening to provide adequate separation from nearby parcels may be required utilizing vegetation, manmade materials, or both.
(40) Models of One-family detached dwellings, with accessory sales office are permitted in One-Family Residential Districts (R-1 through R-5), Two-Family Residential District (R-T), and the Multiple Family Residential Low-Density District (RML), subject to the following conditions:
A. Only if it is located in the subdivision within which the model is offered for sale.
(41) Municipal Buildings and related uses are permitted in One-Family Residential Districts (R-1 through R-5), Two-Family Residential District (R-T), and the Multiple-Family Residential Low-Density District (RML) subject to the following conditions:
A. There shall be no outdoor storage yards.
(42) New vehicle sales showrooms and service facilities are permitted in B-3 General Business District, subject to the following conditions:
A. In no instance shall the building be located closer than 100 feet to residentially zoned land.
B. Related service facilities shall be an integral part of the vehicle dealership.
(43) Office Buildings are permitted in the OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic and drafting, subject to limitations contained in Section 1268.03.
(44) Open-air business uses shall meet the following conditions:
A. Open-air businesses that include outdoor space for the sale or rental of automobiles, agricultural implements, boats or manufactured homes, may be permitted by special use approval in a B-3 General Business District, subject to the following minimum conditions:
i. The site shall be located on and have direct access to a thoroughfare under jurisdiction of the Michigan Department of Highways and Transportation.
ii. Ingress and egress points shall be located at least 150 feet from the intersection of any two streets.
iii. A landscaped setback of at least 25 feet shall be maintained from any abutting public right-of-way.
iv. Noise, whether amplified or otherwise, shall be muffled and directed so as not to be heard from any adjoining residential property.
v. No major repair or refinishing shall be done on the property.
vi. All signage shall be in compliance with Chapter 1488 of the Building and Housing Code.
B. Open-air businesses that are intended for the retail sales of plant material not grown on the site and sales of lawn furniture, play ground equipment and garden supplies, may be permitted in B-2 Community Business District and B-3 General Business District, subject to the following conditions:
i. The use is located within a planned shopping center and connected with an existing business, as defined in Section 1250.
ii. The use is enclosed with a fence.
iii. Said area shall not be used for bulk storage.
iv. The Planning Commission and the Township Board may require walls and landscaping in order to screen such uses where they deem necessary.
(45) Other Temporary Uses and Structures may be permitted by the Superintendent of the Charter Township of Clinton Building Department for a period not to exceed 180 days provided that such use or structure is permitted in the district and adequate parking facilities are provided. Additional limitations or conditions are deemed necessary to protect the health, safety and welfare of the users and/or the general public may further be imposed by the Superintendent. The Superintendent is authorized to grant one extension for up to an additional 180 days for demonstrated cause. In the event the request for a temporary use or structure is denied, the applicant within ten days of the denial may apply to the Township Board, appealing the denial through submitting a written letter requesting an appeal to the Township Clerk. The reasons for the appeal shall be set forth in the letter. In the event the license is issued and the licensee fails to comply with additional limitations or conditions within the license or otherwise fails to comply with additional limitations or conditions within the licensee or otherwise fails to conform to Township ordinances or interferes with adjoining property owners rights or creates hazards, the Superintendent or his or her designee may request that the Township Board revoke, suspend, or modify the approval for the temporary use and/or structure. A copy of the application to the Township Board shall be furnished to the party receiving the approval who shall appear before the Township Board and show cause why relief as requested should not be granted. The Superintendent is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation is fully completed and the final approval has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the current edition of the National Electrical Code (NEC) or as otherwise provided in any applicable Building Code adopted by the Township. The Superintendent is authorized to terminate any permit for a temporary structure or use and to order the temporary structure or use to be discontinued. Applications for concrete or asphalt batch plants as temporary uses may be approved solely by the Township Board and may be extended for additional periods of time up to 180 days.
(46) Outdoor Sales and Displays of Goods. The Township Board may grant a special permit for Outdoor Sales and Displays of Goods which are either accessory or not accessory to a principal uses such as, but not limited to fruits, vegetables, dairy products, plants, flowers, Christmas trees, etc and such other goods which are readily accessible for inspection and removal by the potential customer, subject to the following conditions:
A. No such use shall be permitted on any lands within the Township except those properties which abut a major or secondary thoroughfare and are located in the OS, B-1, B-2, B-3, I-1, I-2, or RM District.
B. Adequate off street parking shall be provided on the site to accommodate both the proposed additional use and any existing uses and shall not be located within any public right-of-way or required set back.
C. All such outdoor sales and display areas shall comply with Commercial and Noncommercial Solicitors Chapter 882 of these Codified Ordinances.
D. Metal shipping containers or other similar containers shall not be placed upon the site in order to store goods which are sold, or available for sale other than within a fully enclosed building, or as regulated by Sect. 1299.01(l), Other Temporary Uses and Structures.
E. No tent or other temporary structure shall be erected more than two days prior to the permitted date for the sale and display of goods. Tents and other temporary structures shall be removed within two days upon the expiration of the date for the permitted sale and/or display of goods. As a cumulative remedy, further approvals by the applicant and at the property involved may be withheld.
F. The Township shall not grant permission for outdoor sales and display permitting simultaneously in excess of 15 temporary uses and display of goods within the Township in total per calendar year.
G. The Township shall not permit in excess of two temporary structures for outdoor sales and/or display of goods per legally described parcel and per any site which consists of a shopping center, or other site where a common use of the parking lot occurs amongst parcels at one time. Common use of the parking lot refers to the parking area being open and available for the public since the vehicles may be parked and the parking surface crossed without obstruction to access businesses.
H. No separate legally described parcel, or parking lot which is accessible to businesses shall have in excess of four permitted temporary outdoor sales and display of goods in any calendar year.
I. In granting an approval, the Township Board may select the set back location for temporary structures such as tents from roadways and buildings and provide for tents not to obstruct existing drives and driveways within parking areas.
J. No temporary uses shall be permitted in any shopping plaza which has in excess of 20% vacancy of available gross floor area for all sites within the shopping center.
K. Scaled drawings shall be furnished showing the proposed location of temporary uses and structures. Manufacturers information and fire safety information shall be furnished with respect to all temporary structures, such as tents. An elevation drawing of any temporary structure, including tents, shall be furnished.
L. Except as provided, all sales shall be rung up within one of the existing permanent buildings on site with temporary structures being for display only. At the discretion of the Township Board of Trustees, outdoor sales may be approved when all of the following conditions are met:
i. An entity conducting such sales maintains a physical presence at the parcel proposed for outdoor sales, either through ownership of a building or a lease of at least one year and has been previously approved for operation by the township having complied with all building, fire and police regulations.
ii. All taxes are current and all water bills, or other township fees are paid.
iii. Such sales are accessory to the principal use and involve a product which consistently makes up at least 10% of the sales occurring within the permanent structure to which the proposed temporary outdoor use is accessory and permitted.
M. Temporary structures shall comply with requirements set forth in the current edition of the International Fire Code and the Michigan Building Codes, with applicants obtaining the necessary permits from each department and fully complying with all other Township ordinances.
N. Signs shall comply with Chapter 1488. Sign permits shall be secured through the Building Department. Balloons, pennants, streamers, spinners, message boards, manikins, inflatable and wind blown devices are not permitted. Applicant shall fully comply with all other Township ordinances.
(47) Outdoor theaters may be permitted by special use approval 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.
(48) Pawnbrokers or Used Good Dealers are permitted in B-3 General Business District, subject to the following requirements and conditions:
A. No pawnbroker or used good dealer shall be located closer than 1,000 feet to any other pawnbroker.
B. It shall be unlawful to establish any such use in a B-3 District, unless prohibition is waived upon presentation to the Clinton Township Planning Department of a validated petition requesting such waiver. Such petition shall describe the exact nature of the business and shall be signed by at least 51% of those persons owning residentially-zoned property and by 51% of the occupants of any residential rental units and by 51% of those owning or conducting business within 300 feet of the proposed location. Such petition must also be signed by the legal representative of any church or school located within 300 feet of the proposed location.
C. The site shall be located so as to abut a major thoroughfare, and all ingress and egress to the site shall be directly from such major thoroughfare.
(49) Places of assembly, including places of worship or churches, schools, theaters, etc., are 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 86 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 principal use.
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.
(50) Printing and publishing establishments are permitted in the B-2 Community Business District and B-3 General Business District subject to the following conditions:
A. Provided that the building housing, such an establishment, shall be free-standing and not attached to any other building or use.
B. That the use is designed and operated so as to provide no sound or vibration discernible at the property lines in excess of the normal intensity of street or traffic noises or vibration noticeable at such points.
(51) Private clubs and/or lodge halls are subject to the following conditions:
A. Private clubs and/or lodge halls may be permitted by special use approval in the I-1 Light Industrial District, subject to the following conditions:
i. In no instance shall the building, or any portion of the building, be located closer than 50 feet to any residentially zoned land.
ii. All activities, other than off-street parking, shall be conducted within a completely enclosed building.
B. Private clubs and/or lodge halls are permitted in B-3 General Business District, subject to the following:
i. All activities, other than off-street parking, shall be conducted within a completely enclosed building.
ii. No building shall be closer than 40 feet to any property line.
iii. Buildings shall not exceed two stories or 25 feet in height.
(52) Private or public athletic clubs, health spas or figure salons are permitted within the OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District when conducted within a completely enclosed building and the proposed use is of such size and character that it will be in harmony with the orderly development of the immediate area and is designed to eliminate any possible nuisance which might be adverse to occupants of any other nearby permitted uses.
(53) Publicly-owned buildings, public utility buildings, telephone exchange buildings and repeater stations, electric transformer stations and substations, and gas regulator stations office are permitted in One-Family Residential Districts (R-1 through R-5), Two-Family Residential District (R-T), and the Multiple Family Residential Low-Density District (RML), OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District, subject to the following conditions:
A. There shall be no storage yards permitted.
B. The operation requirements necessitate locating of said building within the District in order to serve the immediate vicinity.
C. Planning Commission and the Township Board may require walls and landscaping in order to screen such uses where they deem necessary.
(54) Quarrying, removal of soil, sand, gravel, clay or similar materials may be permitted within any district by special use approval, 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 50 feet from the nearest street or highway right-of-way line nor nearer than 20 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 30 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 division and in Section 1298.10, the following additional information is required:
i. 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.
ii. A detailed statement as to exactly what type of deposit is proposed to be extracted.
iii. The proposed method of filling the excavation where quarrying results in extensive under-surface excavation.
iv. A topographic survey map.
v. 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.
(55) Railroad rights-of-way shall be permitted in all use districts provided that related industrial uses shall be permitted only when adjacent to an I-1 or I-2 Industrial District.
(56) Recreational vehicle storage facilities may be permitted by special use approval 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.
(57) Restaurants or other similar places serving food or beverages, excluding catering and banquet halls and drive-in/drive-through fast food restaurants are:
A. Permitted in the OS Office/Service District subject to the following conditions:
i. Such restaurant shall be an integral part of and wholly contained within the office structure of which it is a part.
ii. Such restaurant shall not be permitted exterior signage as a use separate from the office structure of which it is a part.
B. Permitted in the B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District, subject to the following condition:
i. That such use is part of a planned shopping center as defined in Chapter 1250.
(58) Retail businesses and service establishments are permitted in B-2 Community Business District and B-3 General Business District as follows and subject to the regulations in Section 1276.03:
A. Department stores and other retail businesses which offer the sale of merchandise, including such items as home furnishings, bicycles, jewelry, pets, appliances, luggage, sporting goods and toys, and whose activities are conducted completely within an enclosed building.
B. Retail or service establishments, including showrooms of a nature which require a workshop adjunct, including pet groomers (without boarding facilities), home appliance repair, printers and upholsterers, but excluding any retail or service establishment for automobile vehicles, boats and the like.
C. Restaurants or other places serving food or beverages, except banquet and catering halls.
D. Indoor commercial recreation establishments, such as bowling alley, indoor archery range, indoor tennis and racquet clubs or similar establishments. However, billiard halls, coin and/or token-operated amusement arcades, dance halls and skating rinks are expressly prohibited unless they are accessory to an above-permitted indoor commercial recreation establishment.
E. Theaters, assembly halls, concert halls or similar places of assembly when conducted completely within an enclosed building.
(59) Riding and boarding stables may be permitted by special use approval in any R-1 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 30 feet from any property line.
(60) Satellite Dish Antennas shall meet the following conditions:
A. Satellite dish antennas shall be installed only upon issue of a permit by the Clinton Township Department of Building upon condition that the mounting and support for such antenna meet the requirements of the current edition of the Michigan Building Code.
B. Satellite dish antennas shall meet all manufacturer's specifications, be of corrosion-resistant material and be erected in a secure wind-resistant manner.
C. Satellite dish antennas shall not exceed a diameter of 12 feet.
D. In a One-Family or Two-Family Residential Zoning District, a satellite dish antenna may be permitted, subject to the following:
i. A satellite dish antenna shall be located in the rear yard of a lot or a parcel of property.
ii. In the event that a satisfactory satellite signal cannot be received by locating the satellite dish antenna in the rear yard, the Board of Appeals may grant a variance to permit location of the satellite dish antenna in the front yard, in the side yard or upon the roof of a principal or accessory structure. A finding by the Board of Appeals that a suitable signal cannot be obtained shall be deemed sufficient proof of practical difficulty or unnecessary hardship to authorize the granting of a variance in its sole discretion.
iii. Roof or pole-mounted antennas shall not exceed the height requirements of the One-Family or Two-Family Residential District in which they are located.
iv. Roof-mounted antennas shall be of mesh construction.
E. In all other zoning districts, satellite dish antennas are permitted, subject to the following:
i. Satellite dish antennas shall be permitted either at ground level, on a pole or on a roof. Satellite dish antennas shall be placed so as not to exceed the height limit of the district in which they are located.
ii. Satellite dish antennas shall not be placed in any required setback nor in a required parking area.
iii. In the event that a satisfactory satellite signal cannot be received by compliance with the requirements hereof, the Board of Appeals may grant a variance to permit the location of the satellite dish antenna in the front yard, in the side yard or upon the roof of a principal or accessory structure. A finding by the Board of Appeals that a suitable signal cannot be obtained shall be deemed sufficient proof of practical difficulty or unnecessary hardship to authorize the granting of a variance in its sole discretion.
iv. Roof-mounted antennas shall be of mesh construction.
(61) Schools, operated for profit, for the training or instruction of non-academic subjects such as, but not limited to, dance, music, martial arts and similar artistic or athletic pursuits are permitted in B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District, subject to the following condition:
A. That the Department of Planning and Community Development determines that available off-street parking is adequate to serve the use.
(62) Solid Waste Disposal. The following conditions shall apply to Solid Waste Disposal:
A. No solid waste, as defined in Section 1250, shall be kept in open containers or piled, placed, stored, dumped or disposed of on any land or within any building within the Township of Clinton, except in accordance with the requirements of the State of Michigan and/or the Federal Government and this section.
B. Nothing contained in this Zoning Code shall prevent the reasonable use of garbage, fertilizers, manure and similar material for the improvement of land used for farming purposes where such use is not carried on in an unhealthy or unsanitary manner, causing a menace to the health and welfare of the public, provided, however, that the storing, piling, placing or dumping of the above-mentioned materials from other than one household, whether the operation is carried on for a profit or not, shall be subject to the requirements of this section. However, in no instance shall any such storage and/or composting of the above-mentioned materials be permitted within 200 feet of any land containing a residential dwelling.
(63) State-Licensed Residential Facilities are subject to the requirements of the State of Michigan and where applicable and permitted provisions of the Zoning Code and other Township Ordinances.
(64) Swimming pool and club houses, when incorporated as a nonprofit club or organization maintaining a swimming pool for the exclusive use of members and their guests are permitted in One-Family Residential Districts (R-1 through R-5), Two-Family Residential District (R-T), Manufactured Home Community District (MH) and the Multiple Family Residential Low-Density District (RML), subject to the following conditions:
A. As a condition to the original granting of such permit and the operation of such nonprofit swimming pool club, as a part of such application, the applicant shall obtain a written statement, addressed to the Planning Commission, recommending that such approval be granted. Such statement shall contain the signatures of 100% of the persons owning property within 150 feet immediately adjoining any property line of the site proposed for development, and approval from 51% of the persons owning property within 1,000 feet.
B. In those instances where the proposed site is not to be situated on a lot of record, the proposed site shall have one property line abutting a major thoroughfare having an existing or planned right-of-way of at least 120 feet of width, and the site shall be planned so as to provide ingress and egress directly onto said major thoroughfare.
C. Front, side and rear yards shall be a minimum of 80 feet wide (except that on sides adjacent to nonresidential districts, Section 1292.01 shall govern yards) and shall be landscaped in trees, shrubs, grass and terrace areas. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards. except for required entrance drives and those walls and/or fences used to obscure the use from abutting Residential Districts.
D. Buildings erected on the premises shall not exceed one story in height.
E. All lighting shall be shielded to reduce glare and shall be arranged and maintained so as to direct the light away from all lands which adjoin the site.
F. The Planning Commission and Township Board may require walls, berms or landscaping where they deem necessary to minimize the effect of the use upon surrounding properties.
G. Whenever a swimming pool is constructed under this Zoning Code, said pool area shall be provided with a protective fence six feet in height, and located as approved by the Planning Commission and Township Board with entry provided by means of a controlled gate.
H. Swimming pools must be totally in the ground.
I. Where storm sewers are nonexistent or capacity is not sufficient, adequate on-site takeoff facilities shall be provided, subject to approval of the Township Board.
(65) Swimming pools, located either above or below grade intended for swimming or bathing, having a depth of two feet or more at any point, can be located in a residential district as follows:
A. There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.
B. No swimming pool shall be located less than 25 feet from any front lot line.
C. No swimming pool shall be located less than ten feet from any side street or alley right-of-way.
D. No swimming pool shall be located in an easement.
E. No swimming pool shall be located less than six feet from any side or rear lot line.
(66) Tent and other Temporary Facilities for Funeral. The Building Superintendent may grant a special permit for the erection of a tent, and other temporary facilities for funeral related services and other outdoor activities that do not involve the sale of goods at any funeral home which is licensed by the State of Michigan subject to the following conditions:
A. Any and all services and the congregation of people outdoors shall conclude and disperse on or before 10:00 p.m.
B. Any and all electrical service shall be subject to inspection in compliance with applicable Township ordinances, including procuring permits if required under such ordinances. Tents and cooking devices shall be subject to inspection by the Fire Marshal in compliance with applicable ordinances and laws.
C. A drawing shall be submitted as a site location drawing, identifying tent locations and temporary facilities and depicting parking lot features and driveway features, such that parking and pedestrian traffic can be evaluated.
D. No sound amplification, for speech, music, or other purposes shall be permitted whether outdoors or within any tent, or temporary structure.
(67) Tent and other Temporary Facilities for Hospital. The Building Superintendent may grant a special permit for the erection of a tent, and related temporary facilities for a hospital, or other similar healthcare facility where emergency circumstances make it impractical to obtain permission for an outdoor use and facilities before the Board of Trustees.
(68) Truck repair (minor) facilities may be permitted in I-1 subject to special use approval. The following conditions shall apply:
A. The use is located along a state trunk line.
B. The required front yards area shall be landscaped in accordance to the requirements of Chapter 1494. In no case shall the front yard be used for loading or unloading or storage of wrecked or damaged vehicles or parts, materials, or equipment.
C. All repair and maintenance must be performed in a completely enclosed building. In the I-1 District, all painting must be done in a paint booth.
D. There shall be no outdoor storage or display of vehicle components, parts, supplies, equipment, or merchandise except within an area defined on the site plan approve by the Planning Commission which extends no more than ten feet beyond the building. Outside storage areas for trash, used tires, auto parts, and similar items shall be prohibited.
E. No storage or display of vehicles, trucks, trailers or equipment shall be permitted in any landscape greenbelt area.
F. A license for a vehicle repair facility from the State of Michigan shall be provided prior to issuance of any occupancy permits.
(69) Trucking operations, including sales, service and repair, are permitted in the I-2 General Industrial District, subject to the following conditions:
A. All ingress and egress shall be from a major thoroughfare having a minimum right-of-way width of 120 feet.
B. All accessory storage shall be in the rear yard and shall be completely screened from all adjacent properties and public streets.
(70) Vehicle, Truck, and Trailer Dealerships may be permitted in I-1 subject to special use approval. The following conditions shall apply:
A. The use is located along a state trunk line.
B. The minimum area of the site shall be one acre.
C. When the use is adjacent to residential, there shall be a solid fence or wall around the side and or rear of the site where it adjoins the residential district(s) that is a minimum of six feet in height in addition to the buffer requirements of Chapter 1494.
D. Driveway access shall not be permitted to a residential street.
E. Loading and unloading of vehicles, trucks, trailers or equipment shall be accommodated on the site. No loading or unloading of vehicles shall occur in the public street right-of-way.
F. Vehicle, truck, trailer and equipment storage areas shall be paved.
G. No storage or display of vehicles, trucks, trailers or equipment shall be permitted in any landscape greenbelt area.
H. A vehicle dealer license from the State of Michigan shall be provided prior to issuance of any occupancy permits for the sale of mor than four vehicles or trucks.
(71) Veterinary clinics and hospitals, including facilities for overnight keeping of animals, are permitted in the OS Office/Service District, B-1 Neighborhood Business District, B-2 Community Business District, and B-3 General Business District subject to the following conditions:
A. The site shall be located so as to have one property line abutting a major thoroughfare of 120 feet existing or proposed right-of-way.
B. All activities must be conducted within a totally enclosed main building with no outdoor kennels, cages or runs.
C. A separate entrance must be provided for admittance and discharge of animals from the hospital or clinic so as not to interfere with common pedestrian hallways and entrances.
(72) Wireless Telecommunication Facilities, may be permitted by special use approval in any zoning district within the Township, subject to the following minimum conditions:
A. As used in this section these terms below have the following meanings:
i. Co-Locate. To place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment component.
ii. Equipment Compound. An area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
B. The following standards shall apply to all applicants to located nonessential wireless telecommunications antenna array or support structures in the Township:
i. Wireless communications equipment is a permitted use of property and is not subject to special use approval if all of the following requirements are met:
a. The wireless communications equipment will be co-located on an existing wireless communications support structure or existing equipment compound.
b. The easing wireless communications support structure or existing equipment compound is in compliance with local ordinances.
c. The proposed co-location will not do any of the following:
1. Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.
2. Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.
3. Increase the area of the existing equipment compound to greater than 2,500 square feet.
d. The proposed co-location complies with the terms and conditions of any pervious final approval of the wireless communications support structure or equipment compound by the Planning Commission or Planning Director.
ii. Wireless communications equipment that does not meet the requirements of subsection B(i) is a permitted use of property if it receives special use approval and shall include all of the following:
a. A site plan is required under Section 501 of Public Act 110 of 2006, including a map of the property and existing and proposed buildings and other facilities.
b. Any additional relevant information that is specifically required by a zoning ordinance provision described in Section 502(1) or Section 504 of Public Act 110 of 2006.
c. Special use approval of wireless communications equipment may be made expressly conditional only on the wireless communications equipment's meeting the requirements of all local ordinances and of federal and state laws before the wireless communications equipment begins operations.
(Ord. Passed 10-30-23.)