(A) Adult entertainment uses.
(1) No adult entertainment use shall be located within 1,000 feet of any other adult entertainment use nor within 600 feet of any of the following uses:
(a) All Class C establishments licensed by the Michigan Liquor Control Commission;
(b) Pool or billiard halls;
(c) Coin-operated amusement centers;
(d) Teenage discos or dance halls;
(e) Ice or roller skating rinks;
(f) Pawn shops;
(g) Indoor or drive-in movie theaters;
(h) Any public park;
(i) Any church; or
(j) Any public or private school having a curriculum including kindergarten or any 1 or more of the grades, 1 through 12.
(2) Distance in division (A)(1) above shall be measured along the centerline of the street or streets or address between 2 fixed points on the center lines determined by projecting straight lines at right angles from the part of the above listed uses nearest to the contemplated location of the structure containing the adult entertainment use, and from the contemplated location of the structure containing the adult entertainment use nearest to a use listed above.
(3) No adult entertainment use shall be located within 500 feet of any area zoned residential. The required distances shall be measured by a straight line between a point on the boundary line of a zoned residential area nearest to the contemplated structure or contemplated location of the structure containing the adult entertainment use to a point on the contemplated structure or contemplated location of the structure containing the adult entertainment use nearest to the boundary lines of a zoned residential area.
(4) All adult entertainment uses shall be contained in a freestanding building. Enclosed malls, commercial strip stores, common wall structures, and multi-uses within the same structure do not constitute a freestanding building.
(5) No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not regulated as an adult entertainment use. This provision shall apply to any display, decoration, sign, show window, or other opening.
(AA) Commercial solar energy systems (commonly known as a solar farm). To promote the use of solar energy within the township as a clean alternative energy source and to provide for the land development, installation and construction regulations for commercial SES facilities subject to reasonable condition that will protect the public health, safety and welfare. The regulations established herein are minimum requirements and standards for the placement, construction and modification of commercial SES facilities, while promoting a renewable energy source for our community in a safe, effective and efficient manner.
(1) Commercial solar energy systems shall be limited and subject to obtaining a special land use permit from the Planning Commission in AG, RF, C-2, I-1, and I-2 zoning districts.
(2) Commercial solar energy systems facilities shall not be constructed on parcels less than 20 acres in size.
(3) Freestanding or ground-mounted solar energy systems shall be restricted to a height of 14 feet.
(4) All freestanding or ground-mounted solar energy systems and supporting structures associated with such facilities (excluding perimeter security fencing and landscaping buffer) shall be a minimum of 10 feet from a side or rear property line and shall not be located within the required front yard setback for the zoning district in which it is located. All freestanding or ground-mounted solar energy system used in a commercial solar energy system including supporting structures associated with such facilities (excluding perimeter security fencing and landscaping buffer) shall be a minimum of 500 feet from any dwelling unit located on an adjoining property. The Planning Commission may, upon approval of a site plan, allow a smaller setback requirement depending upon the location, surrounding development, and existing or proposed buffer being provided.
(5) Commercial solar energy systems are not subject to any maximum lot coverage restrictions, however any other regulated structures located on the parcel are subject to the maximum lot coverage restrictions for the zoning district in which it is located.
(6) A security fence (height and material to be approved by the Planning Commission through the special land use permit process) shall be placed around the perimeter of a commercial solar energy system and the electrical equipment shall be locked. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
(7) Commercial solar energy system facilities shall not exceed 40 dBA measured at the property line.
(8) Landscaping. Commercial solar energy system facilities shall be required to install perimeter landscaping equal to 1 tree for each 15 feet of road or highway frontage. The equivalent of 1 tree shall be required along the sides and rear of such developments equal to 1 tree every 15 feet of property line when abutting existing homes or developed parcels. The Planning Commission may alter the landscaping requirement depending upon the location and existing plant material on the site. Trees shall be a minimum of 4 feet tall when planted and remain in good condition for the life of the commercial SES.
(9) Local, state and federal permits. Solar energy system facilities shall be required to obtain all necessary permits from the U.S. Government, State of Michigan, and Montrose Township, and comply with standards of the State of Michigan adopted codes.
(10) Electrical interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of above ground transmission lines shall be prohibited within the site, unless waived by the Planning Commission during its review and approval of the project.
(11) Additional special land use criteria. The following additional topics shall be included in a review of a site plan and special use permit application for a commercial SES facility in addition to the general standards listed in § 153.218:
(a) Project description and rationale. Identify the type, size, rated power output, performance, safety and noise characteristics of the system, including the name and address of the manufacturer, and model. Identify time frame, project life, development phases, likely markets for the generated energy, and possible future expansions;
(b) Analysis of onsite traffic;
(c) Estimated construction jobs, estimated permanent jobs associated with the development;
(d) Review and demonstrate the visual impact using photos or renditions of the project or similar projects with consideration given to tree plantings and setback requirements;
(e) Review and demonstrate any potential impact on wildlife on the site;
(f) Identify any impact on the water quality and water supply in the area, any storm water discharge concerns from the property, and any dust concerns generated from project activities;
(g) Identify any solid waste or hazardous waste generated by the project;
(h) Provide lighting plans showing all lighting within the facility. No light may adversely affect adjacent parcels. All lighting must be shielded from adjoining parcels, and light poles are restricted to 18 feet in height;
(i) Provide site access plan during construction and operation phases. Show proposed project service road ingress and egress access onto primary and secondary routes, layout of the plant service road system. Due to infrequent access to such facilities after construction is completed, it is not required to pave or curb access drives. It will be necessary to pave any driveway and parking lots used for occupied offices that are located on site;
(j) Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public roadways, and to the community in general that may be created;
(k) Identify noise levels at the property line of the project boundary when completed;
(l) Identify any electromagnetic fields and communications interference generated by the project; and
(m) Describe the decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final removal of power generating equipment within 6 to 12 months of decommissioning.
(12) The Planning Commission because of the ever-changing technical capabilities of solar energy systems and of new technology in general shall have the authority to review and consider alternatives in both dimensional requirements as well as physical development requirements found in this section. The Planning Commission shall not have the authority to review or to allow large commercial SES facilities within any other zoning district.
(B) Adult foster care large group home for 13 to 20 residents.
(1) A state licensed adult foster care large group home shall not be located within 750 feet of another similar state licensed facility.
(2) One on-site parking space shall be provided for each employee in addition to the parking required for the dwelling unit or other accessory uses.
(3) A designated passenger loading/unloading area of adequate dimensions shall be provided near a barrier-free entrance to the facility.
(4) A loading/unloading area of adequate dimensions shall be provided for delivery vehicles servicing the facility.
(5) A landscaped buffer shall be provided along all property lines that abut a less intense land use and around the visible perimeters of all parking and loading/unloading areas.
(6) All exterior lighting of entryways, parking spaces, or loading/unloading areas shall not reflect onto adjacent properties and, preferably, should be motion activated.
(C) Adult foster care small group home for 7 to 12 residents.
(1) A state licensed adult foster care large group home shall not be located within 750 feet of another similar state licensed facility.
(2) One on-site parking space shall be provided for each employee in addition to the parking required for the dwelling unit or other accessory uses.
(3) The property (architecture and landscaping) shall be maintained in a manner that is consistent with the character of the neighborhood.
(D) Automobile service stations (convenience stores with gasoline service).
(1) There shall be a minimum lot area of 10,000 square feet and minimum lot width of 100 feet.
(2) Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.
(3) The curb cuts for ingress and egress to a service station shall not be permitted at a location that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from a street intersection (measured from the road right-of-way).
(4) Where adjoining a residentially zoned district or use, a solid fence or wall 6 feet in height shall be erected along any common lot line. The fence or wall shall be continuously maintained in good condition.
(5) Any repair work shall be conducted completely within an enclosed building.
(6) There shall be no storage of vehicle components and parts, trash, supplies, or equipment outside of a building.
(7) In the event that an automobile service station use has been abandoned or terminated for a period of more than 1 year, all underground gasoline storage tanks shall be removed from the premises.
(E) Automobile repair facility (repair garage).
(1) The use shall always be located on a plot of ground having frontage along a public street of not less than 150 feet and having a minimum area of not less than 2 acres.
(2) All repair work must be carried out within an enclosed building.
(3) No automobile repair garage shall be erected within a 200 foot radius of any residential district.
(4) (a) Outdoor storage of junked equipment or parts is prohibited unless the junked equipment or parts is storied adjacent to the principal building in an obscure location that is enclosed with a solid masonry-screening wall.
(b) When screening is provided, the junked equipment or parts shall not be stacked or heaped higher than the height of the screening wall nor exceed 10% of the total yard area, excluding area taken up by structures.
(c) The screening wall shall not be higher than 6 feet.
(5) An automobile repair facility (garage, repair) use shall not include the parking of dismantled, non-licensed, or non-repairable vehicles of any kind, unless ordered by a law-enforcement agency. The storage, sale or rental of new or used cars, motorcycles, mini-bikes or similar vehicles, wrecked or otherwise, shall not be considered a use or accessory use to an automobile repair garage, unless additional approval is granted by the Planning Commission for those uses as an open-air business use.
(6) All temporary outdoor storage of vehicles for repair shall not be located within 50 feet of a public right-of-way or a residential district nor stored for more than 30 days.
(F) Banks, credit unions, savings and loan and other businesses with drive-through facilities.
(1) Only 1 ingress/egress driveway shall be permitted on any single street.
(2) If the use is located on a corner lot, access to the drive-up facility shall be derived only from the street which carries the least amount of traffic at the time the application is approved, except that access from any other street may be shared with an adjoining property.
(3) Sufficient stacking capacity for the drive-through facility shall be provided to ensure that traffic does not extend into the street.
(4) A minimum of 5 stacking spaces (including 1 space at the drive-through facility) per each drive-through facility station shall be provided.
(5) Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street.
(6) Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians, and parking areas.
(G) Bed-and-breakfast inns.
(1) Parking areas shall be located off-street and shall not be located in any required front yard.
(2) No bed-and-breakfast inn shall be located closer than 300 feet to another bed-and-breakfast inn.
(3) Meals or other services provided on the premises shall only be available to residents, employees, and overnight guests in the inn.
(4) The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, and the operator shall live on the premises while the establishment is active.
(H) Car washes; automatic or self-service.
(1) Only 1 ingress/egress driveway shall be permitted on any single street.
(2) Where adjoining residentially zoned or used property a solid fence or wall 6 feet in height shall be erected along any common lot line. The fence or wall shall be continuously maintained in good condition.
(3) Sufficient stacking capacity shall be provided to ensure that traffic does not extend into the street.
(4) Self-service car washes shall provide a minimum of 4 stacking spaces (including 1 in the wash stall) per each washing stall.
(5) Automatic washes shall provide a minimum of 15 stacking spaces (including 2 in the washing facility).
(6) Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street.
(7) Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians and parking areas.
(I) Churches, synagogues, and other places of worship.
(1) The site shall be so located as to provide for ingress and egress from the site directly onto a major or secondary thoroughfare.
(2) The principal buildings on the site shall be setback from abutting properties zoned for residential uses not less than 15 feet.
(3) Buildings of greater than the maximum height, may be allowed, provided front, side and rear yards are increased above the minimum requirements by 1 foot for each foot of building that exceeds the maximum height allowed.
(J) Commercial outdoor recreation establishments (excluding golf related uses).
(1) These uses shall include, but need not be limited to, the following: recreational fields, rinks, or courts, (including football, softball, soccer, tennis, basketball, ice skating, and similar activities) archery and shooting ranges, go-cart tracks, music concert pavilions and band shells, amusement parks, and driving ranges open to the general public or operated by a private or non-profit organization.
(2) No building or spectator seating facility shall be located within 100 feet of a property line.
(3) Provisions shall be taken, at the discretion of the Planning Commission, to ensure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.
(4) Children’s amusement park must be fenced on all sides with a 4-foot wall or fence.
(5) Adequate parking shall be provided off the road right-of-way and shall be fenced with a 4-foot, 6-inch wall or fence where adjacent to the use.
(K) Commercial outdoor storage.
(1) A special land use permit for commercial outdoor storage shall be required whenever stored goods are not owned and/or produced by the owner of the property on which they are stored.
(2) No outdoor storage shall be permitted in the front yard or in any required side yard or required rear yard of buildings for the district in which the commercial outdoor storage use is located.
(3) Where an outdoor storage area is adjacent to a residential zoned district or use, a buffer shall be erected along any common lot line. The fence or wall shall be continuously maintained in good condition.
(L) Duplex (2-family residential structure).
(1) The schedule of regulations applicable to the district where the duplex is located shall apply.
(2) Each unit shall have the minimum square footage required for apartments in the RM District.
(3) A minimum of 2 parking spaces per unit must provided. Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the same lot of the premises they intended to serve.
(M) Family care home, day care centers, nursery schools, and day nurseries.
(1) The structure housing the activity shall comply with all setbacks, required by the zoning district which it is located in.
(2) The structure housing the activity and the landscaping shall be designed and constructed to blend and harmonize with existing residential development in the area.
(3) For each child licensed there shall be provided, equipped and maintained, on the premises, a minimum of 100 square feet of usable outdoor play area (minimum total area of 1,000 square feet per facility).
(4) The outdoor play area shall be suitably fenced and screened by a planted greenbelt from any abutting residential uses.
(5) The facility shall have frontage and direct access to a public road.
(N) Fast-food establishment, carry-out restaurant, drive-in or drive-through restaurant.
(1) A setback of at least 60 feet from the street right-of-way line of any existing or propose public road must be maintained.
(2) Points of vehicular ingress and egress shall be limited to an adjacent paved section line road or shared service drive only and site plans shall be reviewed by the Planning Commission for location and design of curb cuts, service drive, and driveways and for layout of parking lots.
(3) The minimum width of driveways at the property line shall be 24 feet, and not greater than 30 feet.
(4) The minimum distance of any driveway to property line shall be 7 feet.
(5) The minimum distance between driveways on the site shall be 75 feet measured from the 2 closest driveways’ curbs.
(6) The minimum distance a driveway into the site shall be from a street intersection shall be 60 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(7) Concrete curbing, 6 inches in height, shall be properly placed and maintained along or parallel to all property lines, except where bumper guards are required and except across approved driveways, so as to prevent vehicular encroachment onto or over the public right-of-way and to prevent vehicular encroachment onto or over the adjoining property, or vehicular damage to the adjoining buildings.
(8) All outside trash receptacles, except those intended for use by the customer, shall be located within an enclosure constructed of opaque masonry materials 6 feet in height and shall be provided with opaque gates of the same height.
(O) Greenhouses and nurseries.
(1) The parking area shall be buffered a minimum of 4 feet so as not to disrupt abutting residential properties with noise or headlights.
(2) There shall be side yard setbacks of at least 35 feet on either side of the greenhouse.
(3) All loading and parking shall be provided off-street.
(4) The storage or display of any materials shall conform to all building setback requirements of a structure.
(5) The storage of any soil, fertilizer, or other loose, unpackaged materials shall be contained so as to prevent any adverse affects on adjacent uses.
(P) Group day care homes.
(1) A group day care home shall not be located closer than 1,500 feet to any of the following facilities as measured along a street, road, or other public thoroughfare:
(a) Another licensed group day care home;
(b) An adult foster care large group home licensed by the State of Michigan;
(c) A facility offering substance abuse treatment and rehabilitation services to 7 or more people which is licensed by the State of Michigan; or
(d) A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the Department of Corrections.
(2) All outdoor plan areas shall be enclosed by a non-climbable fence that is at least 60 inches high.
(3) The property (landscaping and architecture) shall be maintained in a manner that is consistent with the character of the neighborhood. A group day care home should not require exterior modifications to the dwelling nor should the front yard be the location of play equipment.
(4) One identification sign shall be permitted. The sign face shall not be greater than 2 square feet, shall be mounted flush to a wall, made of a material that is compatible with the dwelling unit, and shall not be illuminated. Sign text shall be limited to the name of the day care operator and an address.
(5) One off-street parking space shall be provided for each non-family employee of the group day care home in addition to the parking normally required for the residence. A driveway may be used to fulfill this requirement.
(6) The hours of operation should not exceed 16 hours during a 24-hour period. The township may limit but not prohibit the operation of a group day-care home between the hours of 10:00 p.m. and 6:00 a.m.
(Q)
[Reserved]
(R) Junk yards.
(1) Minimum lot size shall be 10 acres.
(2) The setback from the front property line to the area upon which junk materials are stored shall be not less than 100 feet and shall be provided with a greenbelt buffer. A greenbelt buffer shall also be provided when the junk yard is adjacent to a residential use or district.
(3) Junk yards shall be screened from the roadway and from any adjoining property by an obscuring fence 8 feet in height. The fence shall be kept uniformly painted, neat in appearance, and shall not have any signs or symbols painted on it. A solid masonry wall at least 8 feet in height, shall be required when adjacent to a street or highway or residential or commercial district.
(4) All activities and materials shall be kept within the enclosed area formed by the obscuring fence. Material shall not be stacked or piled above the plane established by the top of the obscuring fence.
(5) All structures, off street parking and fencing and used material storage yards shall be set back not less than 50 feet from any public road right-of-way.
(6) All roads, driveways, and parking lots used by the general public shall be paved, and loading and unloading areas within any junk yard shall be paved, watered or chemically treated so as to limit for adjoining lots and public roads, the nuisance caused by wind-borne dust.
(S) Outdoor sales; new and used automobiles, farm equipment, house trailers and travel trailers.
(1) Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any 2 roads.
(2) An automobile repair facility (garage, repair) shall not be considered an accessory use unless additional approval is granted by the Planning Commission for those uses as an automobile repair facility (garage, repair) use.
(3) The sale of space of new and used automobiles shall comply with all applicable state regulations.
(T) Self storage units.
(1) The minimum size of the site devoted to the use shall not be less than 2 acres.
(2) Building separation between self-storage buildings on the same site shall be 15 feet, as measured from side-to-side.
(3) The total lot coverage of all structures shall be limited to 50% of the total lot area.
(4) A barrier shall be provided around the perimeter of the development. The barrier shall be located at the property line. It shall be a minimum of 6 feet in height and shall be constructed of brick, stone, masonry units, wood products, or chain link which are determined by the administrative official to be durable and weather resistant.
(5) A 10 foot landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A 5-foot landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district.
(6) Parking shall be provided in the ratio of 1 space for each 2,000 square feet of gross building area. At a minimum, 2 parking spaces must be assigned to, and located conveniently to, each individual storage building. In addition, 2 spaces for the resident manager, and 1 additional space for each additional employee shall be provided adjacent to the rental office.
(7) Internal driveway aisles shall be a minimum of 24 feet in width.
(8) All off-street parking areas and driveways shall consist of a minimum of 6 inches compacted gravel.
(9) All ingress and egress from this site shall be directly onto a public thoroughfare.
(10) Building height shall not exceed 1 story or 15 feet, except that a caretaker or resident manager’s unit may be allowed a building height of 2 stories or 25 feet.
(11) The use of the premises shall be limited to storage only, and shall not be used for any auction, sales, storage, or the servicing, repair, or fabrication of any vehicle, boat, trailer, or similar item.
(U) Utility and public service buildings.
(1) The area occupied by a like activity shall not include any storage of equipment or parts, nor the stationing of personnel for other than necessary repairs or periodic maintenance of the lot area or buildings.
(2) All operational and moving machinery shall be housed within a building.
(3) All structures shall be located in compliance with all setback and height requirements for residential uses in a district.
(4) The entire perimeter of the lot shall be secured to prevent access to the premises.
(V) Two-family dwellings (duplex).
(1) It is the intent of the township to require 2-family residential dwellings (duplex) to be serviced by municipal sewer and water and developed in accordance with the following standards:
(a) Minimum lot size: | Area 25,000 square feet |
Width 150 feet | |
(b) Maximum building height: | Stories 2.5 |
(c) Maximum lot coverage: | 25% |
(d) Minimum yard setbacks: | Front - Section Line Road 65 feet |
Front – Non-Section Line Road 50 feet | |
Sides 15 feet | |
Rear 50 feet | |
(e) Land area used for computing lot sizes shall exclude the right-of-ways for all roads whether public and private (see § 153.007).
(3) The Planning Commission may allow a 2-family residential dwelling (duplex) with an alternate to public sewer and water, (well and septic) only after the approval of the County Health Department has been obtained. In the event that approval is obtained from the Health Department, the minimum lot size shall be increased to that as required by the Health Department for the installation of the well and septic systems.
(4) Driveway access shall be through a common driveway approved by the County Road Commission and or State Highway Department. The maximum with of the common drive shall not exceed 24 feet and shall be hard surfaced.
(5) Accessory structures shall comply with all requirements of § 153.340.
(6) All uniform design standards shall comply with the requirements of § 153.336.
(W) Single-family semi-detached dwellings.
(1) It is the intent of the township to limit single-family semi-detached residential dwellings to platted subdivisions or site condominium projects where constructions of these types of dwelling units are compatible within the development and be serviced by municipal sewer and water and developed in accordance with the following standards:
(a) Minimum lot size:
Section Line Roads
Area 25,00 square feet
Width 125 feet
Non-Section Line Roads
Area 10,000 square feet
Width 80 feet
(b) Maximum Building Height: Stories 2.5
(c) Maximum lot coverage: 30%
(d) Minimum yard setbacks:
Front - Section Line Road 50 feet
Front - Non-Section Line Road 30 feet
One - Side 15 feet
Rear 30 feet
(e) Land area used for computing lot sizes shall exclude the rights-of-way for all roads whether public and private (See § 153.007).
(2) The minimum livable floor area for singe-family semi-detached dwelling units shall not be less than 1,200 square feet.
(3) Accessory structures shall comply with all requirements of § 153.340.
(4) The Planning Commission may allow a single-family semi-detached dwelling with an alternate to public sewer and water, (well and septic) only after the approval of the County Health Department has been obtained. In the event that approval is obtained from the Health Department, the minimum lot size shall be increased to that as required by the Health Department for the installation of the well and septic systems.
(5) All uniform design standards shall comply with the requirements of § 153.336.
(X) Flag lots permitted. Flag lots may be permitted as a special land use in any zoning district in compliance with this chapter and provided that they conform to the requirements of this section.
(1) A flag lot can only be created to serve 1 building structure.
(2) A flag lot must contain 33 feet of road frontage to serve as ingress and egress to a public road. The 33-foot access right-of-way must be part of and included in the legal description of the flag lot (see flag lot illustration, § 153.007).
(3) All flag lots created shall comply with the district regulations for the district in which it is located. The access right-of-way serving a flag lot, wetlands, floodplain areas and easements serving underground drains and utilities, shall be excluded when calculating the requirements for compliance with §§ 153.200 and 153.201.
(4) Flag lots must comply with the Land Division Act and may not exceed the 4 to 1 width to depth ratio unless said lot exceeds 10 acres.
(5) A flag lot may not be created where it would reduce an existing side or rear yard setback of an adjoining lot to less than 50 feet.
(6) Driveways located within an access right-of-way shall maintain a minimum setback of 5 feet from property lines.
(7) The placement of all structures on a flag lot shall be so arraigned so that it shall not be a detriment or nuisance to adjoining properties. The Planning Commission may require buffering along adjoining property lines to provide adequate separation between buildings.
(8) Flag lots containing an access drive within the right-of-way of 200 feet or more in length from a public road shall provide a maneuvering turn around area within 50 feet of the principal structure. The turn around maneuvering area shall be at least 24 feet by 50 feet in size and shall be at least 10 feet in width. The access drive, with a minimum width of 10 feet, shall be constructed of asphalt, concrete, stone, or other material demonstrating a weight bearing capacity for public safety vehicles.
(Y) Animal shelters. Animal shelters, located in an AG -Agricultural and or a RF Residential Farms zoning district shall be reviewed and approved under the regulations for home occupations. Animal shelters, located in a non-residential structure in a C-2, General Commercial and or an I-1, Light Industrial zoning district are not subject to obtaining an annual zoning compliance permit.
(1) Animal shelters located in an AG - Agricultural or a RF - Residential Farms zoning district shall meet and comply with the same standards as required for kennels listed under division (Z) below.
(2) Animal shelters located in a C2 - General Commercial or an I-1 - Light Industrial zoning district shall comply with the general requirements of the district as listed in §§ 153.200 and 153.201, footnotes, however all kennel buildings, structures, and related runs/or exercise areas shall be located not less than 250 feet from all adjacent residential dwelling units.
(3) The Planning Commission during its review and approval may increase the required setbacks if it is determined that the increase setback is necessary to protect adjacent properties from the nuisances caused by noise, odors or other off-site impacts. The Planning Commission may also establish limitation regarding hours of operation, number and types of animals housed, the extent of accessory operations including veterinary services provided on site and other operational characteristic of the use to ensure that the facility is consistent with the character of the surrounding area.
(Z) Kennels, dog - commercial and private. Commercial and private kennels may be permitted as a special land use and reviewed under the requirements for a home occupation in zoning districts AG - Agricultural, and RF - Residential Farm. Commercial kennels may be permitted as a special land use, not subject to the requirements for a home occupation in a C-2 General Commercial zoning district and as a permitted land use in an I-1 - Light Industrial zoning district. All commercial and private kennels must comply with the following requirements:
(1) All kennels shall operate in conformance with all applicable county and state regulations.
(2) The minimum lot size for commercial kennels shall be 10 acres, with 250 feet of road frontage. The minimum lot size for private kennels shall be 5 acres, with 250 feet of road frontage. The Planning Commission may modify the lot size and road frontage requirements for kennels based on the specific characteristic of the use being requested.
(3) Kennel buildings, structures, and related runs/or exercise areas shall not be located in front of the main principal structure located on the property and comply with the following setbacks:
(a) Sides - Not less than 75 feet;
(b) Rear - Not less than 50 feet;
(c) All adjacent residential dwelling units -not less than 250 feet.
(4) Kennels shall comply with the following requirements except where the dogs are housed or kept within the main residential dwelling unit located on the property and a fenced in areas is provided in a rear yard area for use by said household pets.
(a) Kennels shall be structurally sound and shall be maintained in good repair. Floors shall be constructed of non-toxic, easily cleaned water impervious material.
(b) All dogs kept in a kennel shall be provided with an inside sleeping area, which will protect them against inclement weather, preserves the animal's body heat and keeps them dry. These sleeping areas shall also be ventilated in such a manner as will provide fresh air at all times and shall be kept clean and in a sanitary condition. Inside pens or sleeping areas shall be of the following sizes:
1. For dogs weighing not more than 25 pounds, 5 square feet per animal;
2. For dogs weighing more than 25 pounds but not more than 45 pounds, 9 square feet per animal;
3. For dogs weighing over 45 pounds, 16 square feet per animal.
(c) Inside or outside runs shall be provided and shall be not less than 36 inches wide and 10 feet in length.
(d) Feces and other excreta shall be removed as necessary to maintain a safe and sanitary condition. Excreta shall be disposed of in a sanitary manner.
(e) All dogs shall be provided with clean fresh water and sufficient wholesome food. Food and water containers shall be kept clean and sanitized.
(5) In an AG - Agricultural or RF - Residential Farm zoning district there shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such kennel other than 1 sign not exceeding 2 square feet in area, non-illuminated and ground mounted with a setback of 5 feet from the front right-of-way line.
(7) In an AG - Agricultural or RF - Residential Farm zoning district where an annual zoning compliance/home occupation permit is denied by the Building/Zoning Official, an appeal may be made to the Zoning Board of Appeals.
(Ord. 99, passed 11-18-1996, § 16.05; Am. Ord. 102, passed 7-21-1997; Am. Ord. 114, passed 11-9-1998; Am. Ord. 148, passed 5-16-2006; Am. Ord. 152, passed 1-16-2007; Am. Ord. 155, passed 4-17-2007; Am. Ord. 158, passed 7-17-2007; Am. Ord. 13-200, passed 3-19-2013; Am. Ord. 18-231, passed 12-18-2018; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021) Penalty, see § 153.999