(A) Purpose. The purpose of this section is to regulate outdoor uses in connection with Class C liquor-licensed establishments, in order to provide for the health, safety and welfare of the citizens of the township, including but not limited to, the protection of patrons of Class C liquor-licensed establishments, the avoidance of blight upon surrounding properties, the preservation of harmonious, aesthetic appearances, and the elimination of conditions interfering with the peaceful enjoyment of surrounding properties.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DECK. Any structure constructed primarily of wooden materials that is attached to and immediately abutting, for the entire perimeter on at least 1 side, the principal structure in which the Class C liquor-licensed establishment is situated. The term DECK shall include any structure that is not fully enclosed upon all sides at all times during use, including what are commonly known as either screened or open porches.
PATIO. Any structure consisting primarily of materials other than wood, which, upon the entire perimeter on 1 side, is attached to and immediately abutting the structure in which the Class C liquor-licensed establishment is located. The term PATIO shall include any structure, as previously described, that is not fully enclosed upon all sides at all times during use, including but not limited to, both open and screened porches.
TENT. Any temporary-style structure, consisting of a frame and/or poles and a cloth-like material covering, which is attached to and immediately abutting, along the entire perimeter on 1 side, the structure within which is the Class C liquor-licensed establishment is located.
(C) Permitted outdoor areas. Service and consumption of alcoholic beverages and the permitted areas for patron assembly shall be confined to the permanent, fully approved structure primarily housing the Class C liquor-licensed premises and decks, patios and tents, in compliance with the provisions of this section and other township ordinances, and for which an approved permit has been issued.
(D) Michigan Liquor Control Commission approval; conflict with Michigan Liquor Control Commission Regulations. All license applicants shall fully comply with all laws, rules and regulations of the Michigan Liquor Control Commission, and shall procure all permits required by the Commission. Any validly issued Michigan Liquor Control Commission law, regulation or order shall be held to prevail over any conflicting provision of this section.
(E) Permit required; application; issuance. Application forms, as prescribed by the Office of the Township Clerk, shall be fully completed and returned to the Township Clerk, and a permit shall be issued prior to the construction and/or use of any deck, patio or tent.
(F) Permit fee. A non-refundable application fee of $300 shall be paid. This fee shall be subject to modification by resolution of the Township Board, effective upon publication of any change in fees.
(G) Permit application site plan. A site plan shall be submitted, which shall include the following:
(1) A scale of not less than 1 inch equals 50 feet.
(2) The date, north point and scale.
(3) Dimensions of all lot lines and property lines, showing the relationship of the subject property to abutting properties, and describing and identifying all structures and their uses within 300 feet of the proposed deck, patio or tent. A note describing the location and distance of the nearest residential area should be set forth.
(4) The locations, the dimensions and the nature of the uses of all existing and proposed structures on the subject property.
(5) Existing site features, including but not limited to, trees, drains, parking, trash receptacles, lighting and utility poles and lines.
(6) An area map or vicinity sketch showing the general location of the site in relation to section lines or thoroughfare intersections, and identifying residential areas.
(7) The name, address and telephone number of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.
(8) The existing location of all drives and parking areas.
(9) The location of any and all sidewalks and road rights-of-way.
(10) Scale drawings and dimensions for any and all easements situated within 30 feet of the proposed deck, patio or tent, including a description of the nature of the easement.
(H) Application review and approval by department heads. The Police Chief, or his or her designee, the Fire Chief, or his or her designee, and the Building Official and or Inspector, or his or her designee, shall review and approve the permit application.
(I) Capacity of facilities.
(1) Each proposed deck, patio or tent shall be rated and posted for capacity by the Building Official and/or Fire Chief, or their designees, which capacity shall not be exceeded.
(2) Any increase in the capacity from the deck, patio or tent would require a review for the number of required exits, as per the state building codes.
(3) If no additional exits are provided, a portion or portions of the permanent structure shall be closed for patron use proportional to the increased capacity resulting from the deck, patio or tent.
(4) A sufficient number of signs shall be placed in the area closed for use to reasonably alert patrons that the area is closed while the deck, patio or tent is being used.
(J) Maximum floor area for decks, patios and tents. No deck, patio or tent, or combination thereof, shall be permitted that exceeds 50% of the gross floor area of the fully enclosed permanent structure in which the Class C liquor-licensed premises are located.
(K) Height restrictions.
(1) No deck or patio, or attachment or appurtenance thereof, shall exceed a height of 1 story.
(2) No floor area in any deck or patio shall be located other than equal to or less than the elevation of the lowest floor elevation for the first floor situated in the permanent structure in which the Class C liquor-licensed establishment is situated.
(3) No tent shall be located with a ground level other than at the grade level for the site.
(4) No attachment or appurtenance shall exceed 1-1/2 story in height at its highest point.
(L) Pictorial or written representations. No deck, patio or tent shall include, incorporate or have attached to it any photographic representations, emblems, signs, or any form of pictorial or written communication.
(M) Flags, balloons and banners. No flag, balloon, banner or other similar attachment shall be affixed to any deck, patio or tent.
(N) Parking. Additional adequate parking for rated occupancy, providing 1 space for each 35 square feet of gross floor area for the deck, patio or tent, shall be provided, unless a portion or portions of the building is closed as stated in division (I) of this section.
(O) Proximity to residential property. No deck, patio or tent shall be permitted within 750 feet of residentially zoned property or property currently used for residential purposes, as measured from a point nearest to the residential use.
(P) Proximity to vehicle area. There shall be a minimum of 20 feet between any deck, patio or tent and any hard-surface areas, maneuvering lanes, and service drives.
(Q) Noise levels. Noise levels at all times, as measured at any of the property perimeters, shall not exceed 70 decibels for any sustained period of 2 minutes or more. Noise levels shall not exceed 85 decibels, at any property perimeter at any time for any period of time.
(R) Entertainment; music. Live entertainment and the playing of music shall only be permitted from 12:00 noon to 10:00 p.m., exceptions to these permitted hours may be granted on an individual request from the Township Board.
(S) Fire ratings. All decks, patios and tents, and their materials and appurtenances, shall conform fully to all applicable building and or fire codes, and any regulations issued by the Building Official and/or Fire Chief or the Township Board.
(T) Windstorm resistance. All decks, patios and tents, and any attachments or appurtenances thereof, shall be certified, either through manufacturer specifications or the opinion of a licensed architect or engineer, with seal attached, to be suitable for withstanding winds of up to 100 miles per hour, as constructed.
(U) Vehicle and site access. No deck, patio or tent shall be located so as to interfere with the ingress and egress of emergency vehicles, including but not limited to, fire apparatus, sanitation vehicles for refuse pick-up, and vehicles in parking lot areas, reasonably avoiding vehicles and pedestrian interaction.
(V) Size for ingress and egress. All decks, patios and tents shall have a sufficient size and number of locations for ingress and egress as determined by the Building Department and the Fire Department.
(W) Use during weather advisories and inclement weather. No deck, patio or tent shall be used during any tornado watch, tornado warning or thunderstorm warning, as reported by the National Weather Service, nor shall the same be occupied during any thunderstorm or period of excessive winds.
(X) Board approval required; standards for approval. All applications shall be reviewed and approved or denied by the Township Board. The Township Board may request recommendations from Township departments. The applicant shall have the opportunity to be present, to present information and to be heard by the Township Board in connection with a review of the application by the Township Board. The Township Board may issue reasonable conditions and restrictions, in addition to those set forth in this section, which shall be considered as minimum requirements. In acting upon a request for a permit, the following information and standards shall apply:
(1) Compliance with fire codes, building codes and other laws and ordinances of the township.
(2) The amount and nature of recorded police calls within the preceding 12-month period during ownership by the current liquor licensee.
(3) The nature of the anticipated use of the deck, patio or tent, including anticipated crowd size, the provisions of entertainment, and the anticipated noise levels associated with music to be played or entertainment to be provided.
(4) Whether the safety and convenience of vehicular and pedestrian traffic within the site and in relation to the access thoroughfares are likely to be maintained.
(5) Whether a satisfactory and harmonious relationship is likely to be maintained between the proposed site and existing and prospective development of contiguous land and adjacent neighborhoods.
(6) Whether noise, light, odors and/or visual appearance from the proposed deck, patio or tent are likely to have a detrimental effect upon the quiet and peaceful enjoyment of surrounding properties, or upon their value or the likelihood of development.
(7) Whether the health, safety and welfare of the residents of the township are furthered by the proposed deck, patio or tent.
(Y) Variances.
(1) Variances shall be permitted from the minimum requirements of this section by the Township Board, upon application and a demonstration of undue hardship, practical difficulty, and the fact that the proposed variance will not have a deleterious effect on the public health, safety and welfare.
(2) Variance applications must be separately made, and a fee in the amount of $300, or as established by Township Board resolution and published in a newspaper of general circulation, shall be paid.
(Z) Revocation and suspension of permits.
(1) Upon notice to the permit holder, and following a hearing before the Township Board, any permit issued under this section may be revoked or suspended, or may have additional conditions or restrictions added thereto.
(2) Reasons for action by the Township Board shall include, but are not limited to: violations of this section or other township ordinances; the existence of conditions meriting action upon the application of standards set forth in division (X)(4) through (7) of this section; or upon the recommendation of the Police, Fire, and Building Department, as a result of public health, safety, and welfare concerns.
(AA) Preexisting decks, patios and tents.
(1) Any preexisting decks, patios, tents, or other area for outdoor service of alcoholic beverages shall be abated in use, or modified to comply with all terms of this section, and an appropriate application and permit shall be procured within 6 months from the date of adoption of this section.
(2) Such structures and uses shall be permitted as preexisting only if a building permit and other appropriate permits, including electrical and/or plumbing permits, are shown to pre-exist on the effective date of this section.
(BB) Nuisances per se. Any person, including but not limited to, a natural person, a corporation, a partnership or other liquor licensee, or any person in charge of such premises, who causes or permits any violation of this section shall be deemed as permitting a nuisance per se. The costs of an action to abate such nuisance, including actual attorney fees, shall be recoverable by the township.
(Ord. 166, passed 5-20-2008) Penalty, see § 111.99
Cross-reference:
Nuisances, see Ch. 94