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SPECIAL LAND USES
(A) The purpose of this subchapter is to provide a means for the Village of Pinckney to authorize, subject to minimum standards and appropriate conditions, certain specified uses that may be compatible with permitted uses in a district, but that may also have a greater impact on surrounding properties. This subchapter is intended to provide an opportunity for the public, and the Planning Commission to review each proposed special land use, and identify potential impacts with regard to the individual circumstances of the site and use.
(B) It is further intended to provide an opportunity for the Planning Commission to impose the conditions as are necessary to ensure that the special land use will be compatible with surrounding uses and consistent with the purpose of the district in which it will be located. If it is determined that one or more negative impacts will be generated by the special land use and that these impacts cannot be reasonably mitigated, the Planning Commission may deny the special land use in order to protect the health, safety, welfare and quality of life of village residents.
(Ord. 37, passed 8-28-2005; Ord. 91, passed 10-12-2009; Ord. 134, passed 11-14-2016; Ord. 139, passed 9-11-2017)
Applications for a special land use permit shall be submitted and processed as follows:
(A) Application submittal. No application shall be considered by the village unless it is accompanied by the following:
(1) A village application form completed in full by the applicant and signed by all persons, firms or corporations having an ownership interest in the property. For the purposes of this section, OWNERSHIP INTEREST shall mean the titled owner(s) and land contract holder(s);
(2) A preliminary site plan containing all of the information required by § 152.389;
(3) A written statement by the applicant and any supporting evidence explaining how the special land use will comply with the following:
(a) The general criteria in § 152.242; and
(b) The specific criteria in § 152.243 as applicable.
(4) A processing fee as established by the Village Council; and
(5) An application for a residential open space development shall also include a parallel site plan prepared in compliance with § 152.353(A).
(B) Process.
(1) The Zoning Administrator shall transmit the full special land use permit application to the Planning Commission for review. The Planning Commission shall fix a reasonable time for a public hearing. The Zoning Administrator shall provide notice of the public hearing in accordance with the requirements of § 152.022(C).
(2) Upon conclusion of the public hearing, the Planning Commission shall deny or approve, with or without conditions, or table for further consideration the special land use permit; or in the case of special land use permit applications for a marihuana establishment, residential open space development, condominium project, or other planned development, shall make a recommendation to the Village Council to deny or approve, with or without conditions, the special land use permit. If no decision or recommendation is made at the advertised hearing, disposition of the case must be set to a date certain at that time, and this date must be clearly stated in the meeting minutes. If no certain date is set and duly noted in the public record, notice of the next meeting at which the case will be considered shall be provided as required in division (B)(1) above. The Planning Commission shall make a decision or recommendation upon each case within 60 days of the public hearing, unless additional time is granted by the applicant.
(3) For special land use permit applications for a marihuana establishment, residential open space development, condominium project, or other planned development, a summary of the Planning Commission recommendation and comments submitted at the public hearing shall be transmitted with the special land use permit application and staff report to the Village Council. The Village Council may hold additional public hearings if it considers it necessary. The Village Council shall make a decision upon each case within 60 days of the Planning Commission's recommendation or refer the proposal back to the Planning Commission for further consideration, unless additional time is granted by the applicant.
(C) Permit expiration. A special land use permit issued pursuant to this subchapter shall be valid for one year from the date of issuance. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the Zoning Administrator shall notify the applicant in writing, no more than 30 days before the expiration date, that upon expiration, the permit will become null and void.
(D) Permit amendment. Changes to an approved site plan shall comply with § 152.394. Changes to other condition(s) of approval, including but not limited to performance standards, shall be processed in compliance with division (B) above.
(E) Permit renewal. Upon written request by the applicant, a one-year extension may be granted by the Planning Commission if it finds that the approved special land use permit and site plan still comply with the requirements of this chapter. A written request for permit renewal must be received by the village prior to the expiration date, or a new application for a special land use permit will be required. Upon expiration of the initial one-year extension on a special use permit. Planning Commission may grant, upon written request by the applicant, subsequent one-year extensions of the special land use permit, upon showing of good cause.
(F) Revocation. Based upon a recommendation by the Zoning Administrator, the Planning Commission shall have the authority to revoke any special land use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements of this chapter and/or permit approval. The Zoning Administrator shall give written notice of the violation to the holder of the permit, and correction must be made within 30 days. After a 30-day period, the Zoning Administrator shall give a second notice, and the use for which the permit was granted must cease within 60 days from the date of second notice.
(G) Re-application. No application for a special land use permit that has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of denial, except on the grounds of newly discovered evidence or proof of change of conditions.
(H) For special land use permit applications for a residential open space development, condominium project, or other planned development, special land use permit amendments, renewals, and revocations shall also require the Village Council's approval.
(Ord. 37, passed 8-28-2005; Ord. 83, passed 10-27-2008; Ord. 91, passed 10-12-2009; Ord. 139, passed 9-11-2017; Ord. 153, passed 12-14-2020) Penalty, see § 152.999
(A) Before approving or denying a special land use permit application, the Planning Commission shall review the particular facts and circumstances of the application and establish a preponderance of the evidence.
(B) The Planning Commission shall approve the application only if all proposed uses and structures on the subject site comply with the general standards set forth in this section.
(C) These general standards apply to all uses authorized by a special land use permit.
(D) The specific and detailed standards set forth in § 152.243 apply to particular uses, as indicated, and must be met in addition to the general standards below, where applicable.
(1) Compliance with Comprehensive Plan. The special land use shall be consistent with the general goals, objectives and policies of the adopted Village of Pinckney Comprehensive Plan.
(2) Compliance with Zoning District.
(a) Special land uses permitted within any district shall be only those listed within the district.
(b) The special land use shall be consistent with the purpose of the zoning district in which it will be located.
(c) Unless otherwise specified in this chapter, the special land use shall comply with the lot, access, yard, setback and other site design requirements of the zoning district in which it is located.
(3) Compatibility. The special land use shall be designed, constructed, operated and maintained in a manner that is compatible with the essential character, permitted use, enjoyment and value of surrounding property and shall enhance the community as a whole.
(4) Infrastructure and services. The special land use shall be adequately served by essential public services and other infrastructures such as roads, emergency services, drainage structures and water and sewage facilities. The proposed use shall not create a need for additional public facilities or services at public cost.
(5) Traffic. The special land use shall minimize traffic impacts. In determining whether this requirement is met, consideration shall be given to anticipated traffic generation, automobile circulation, access to public roads, relationship to intersections, sight distances, access to off-street parking and pedestrian traffic. Access drives connected to roads under state and county jurisdiction shall comply with applicable road agency standards.
(5) Environmental performance. The special land use shall not involve uses, activities, processes, materials, equipment or conditions of operation that may be detrimental to any person or property, or to public health, safety and welfare. In determining whether this requirement is met, consideration shall be given to the production of runoff, traffic, noise, vibration, smoke, fumes, odors, dust, glare and light.
(6) Natural resources. The special land use shall minimize impacts on the natural environment. In determining whether this requirement is met, consideration shall be given to scenic views, floodplains, surface waters, wetlands, groundwater recharge areas, woodlands, wildlife habitat and steep slopes.
(7) Architecture. The architectural design of all structures, including buildings and signs, shall be compatible with the design and character of structures in the surrounding area. As part of the application, the Planning Commission may require detailed drawings of proposed signs and architectural facades, including full construction elevations and information on exterior materials, colors and detailing.
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017)
(A) Home occupations. Home occupations are permitted as a special land use in all residential districts (R1, R2, R3, R4 and ROB) provided the following conditions are met:
(1) A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes and shall not change the character of the residential nature of the premises, both in terms of use and appearance. Such home occupation shall be carried on within the dwelling that is occupied by the owner of the home occupation.
(2) A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.
(3) No employees shall be permitted, either gratuitously or for compensation of any kind, other than members of the resident family.
(4) There shall be limited additional vehicular traffic permitted for the home occupation/category one, such as is normally generated for a dwelling unit in a residential area, both as to volume and type of vehicles.
(5) The village may impose additional conditions and regulations, as it deems necessary, to adequately protect adjoining residents and property owners. It may require that the particular business be operated only for a specified period of months or years unless an additional permit is granted. A home occupation shall operate within the hours and days as set in the special land use permit.
(6) The area of the identification sign shall not exceed one foot by two feet; and the height of the identification sign shall not be more than four feet above grade.
(7) Customers, clients, students or patients. No more than two customers, clients, students or patients shall be on the premises where a valid home occupation special use permit has been secured.
(8) Exterior alterations. Home occupations shall not require exterior alterations or involve construction features not customary in dwellings, or required use of mechanical or electrical equipment which shall create a nuisance to the adjacent neighborhood.
(9) Interior alterations. Any permanent structural alterations to the interior of the dwelling unit for purposes of conducting the home occupation which would render it unsuitable for residential use shall be prohibited.
(10) Outdoor storage. There shall be no outdoor storage of items supportive of the home occupation.
(11) Medical marihuana. A registered primary caregiver, in compliance with the General Rules of the state Department of Community Health, the state Medical Marihuana Act, P.A. 2008, Initiated Law, being M.C.L.A. § 333.26423(d), and the requirements of this chapter, shall be allowed as a home occupation special use. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act and the General Rules. Also, since federal law is not affected by that Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The state Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the federal Controlled Substances Act. The following requirements for a registered primary caregiver shall apply:
(a) The medical use of marihuana shall comply at all times and in all circumstances with the state Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time;
(b) A registered primary caregiver must be located outside of a 1,000-foot radius from any school, including child care or day care facility, to insure community compliance with federal “Drug- Free School Zone” requirements;
(c) A registered primary caregiver must be located outside of a 1,000-foot radius from any other registered primary caregiver;
(d) Not more than one primary caregiver shall be permitted to service qualifying patients on a parcel;
(e) Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week;
(f) All medical marihuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the village Police Department;
(g) All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marihuana are located;
(h) If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11 p.m. to 7 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties;
(i) That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Pinckney Area Fire Department to insure compliance with the state Fire Protection Code.
(B) Educational institutions.
(1) Principal uses. Elementary, middle and high schools, vocational schools and higher education institutions.
(2) Lot area. The minimum lot area shall be one acre.
(3) Road frontage and access.
(a) At least one lot line shall abut an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(4) Accessory use. Support uses offered solely to students may be permitted provided they are strictly an accessory use to the principal use. The uses may include, but are not limited to: latch key child care programs, child care centers, congregate student dining and social and recreational facilities such as playgrounds and play fields.
(C) Nursing homes and homes for the aged.
(1) Road frontage and access.
(a) At least one lot line shall abut an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(2) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) No structure less than two stories in height shall be closer than 50 feet to any street line or to any lot line abutting a residential district or use;
(b) No structure two or more stories in height shall be closer than 100 feet to any street line or to any lot line abutting a residential district or use; and
(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(3) Enclosure and screening. Ambulance and delivery areas shall be obscured from all residential districts and uses by a solid fence or masonry wall no less than four feet and no more than six feet in height.
(4) Accessory use. Support uses offered solely to residents may be permitted provided they are strictly accessory uses to the principal use. The uses may include congregate dining, health care, personal services and social, recreational and educational facilities.
(D) Recreation.
(1) Principal uses. Commercial outdoor recreation and commercial indoor recreation. (Public indoor recreation is included within the definition of public building, see § 152.267)
(2) Road frontage and access. If the site and proposed uses are intended to serve areas beyond the immediate neighborhood, at least one lot line shall abut a paved public road. All vehicular access shall be directly from the road.
(3) Setbacks. The following setbacks shall apply to parking and structures, including spectator seating, but excluding signs, walls and fences. Where unique site conditions apply, the Planning Commission may modify these setback requirements.
(a) All parking and structures shall be setback at least 50 feet from any street line or lot line abutting a nonresidential district and use.
(b) All parking and structures shall be setback at least 100 feet from any lot line abutting a residential district or use.
(4) Enclosure and screening. Swimming pools shall comply with the enclosure and access requirements in § 152.262(H).
(5) Modifications. The Planning Commission may modify off-street parking requirements in those instances wherein it is demonstrated that a significant number of the site's users will be pedestrians.
(E) Indoor self-storage facility.
(1) Principal use. Indoor storage of personal goods within a completely enclosed building.
(2) Accessory use. The only permitted accessory use shall be limited retail sales to tenants of locks, packing materials and similar goods incidental to the principal use.
(3) Prohibited uses.
(a) Commercial activity other than the principal use and accessory use permitted above.
(b) Storage of any goods or materials outside of a completely enclosed building.
(c) Storage of combustible, flammable, explosive or toxic liquids or materials within storage units or elsewhere upon the premises.
(4) Lot area. The minimum lot area shall be two acres and the maximum lot area shall be five acres.
(5) Road frontage and access.
(a) At least one lot line shall abut an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(c) Access to the site shall be restricted to employees, tenants and emergency response vehicles only, by means of locked gates and/or other access-control devices.
(6) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and
(b) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(7) Lot coverage. Lot coverage shall not exceed 40%.
(8) Enclosure and screening.
(a) The perimeter of the site shall be completely surrounded by a wall or fence no less than four feet and no more than six feet in height. The use of barbed wire or electrical fencing shall not be permitted.
(b) The wall or fence shall be setback at least 30 feet from all street lines and from any lot line abutting a residential district or use.
(c) The setback area between the wall or fence and street line or residential lot line shall be landscaped with appropriate plant materials.
(d) The design and materials used for the wall or fence and for landscaping within the setback area shall be approved by the Planning Commission.
(9) Internal circulation and off-street parking.
(a) All storage units shall be accessible via an interior drive clearly marked to distinguish vehicle direction and parking areas.
(b) The applicant shall demonstrate that emergency response vehicles can both fully access the premises and safely circulate through the site. Sufficient area and turning radii shall be provided at the end of all storage units to accommodate emergency response vehicles. The distance between storage unit buildings shall be no less than 35 feet. Where no parking is provided between storage unit buildings, the building separation may be a reduced to no less than 25 feet.
(c) Interior drives and off-street parking areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained to dispose of all storm water without negatively impacting surrounding property.
(10) Facility management office. If a management office for the facility is provided, the office shall be located within the walled or fenced area required by division (E)(8) above, and calculated as part of the maximum 40% lot coverage. Parking for the office shall not be less than one parking space for every 25 storage units on the site.
(F) Child care facilities.
(1) Family day care homes. Family day care homes serving six or fewer children shall be considered a residential use of property and a permitted use in all residential districts.
(2) Group child care homes. Group child care homes serving seven to 12 children shall comply with the following:
(a) Appropriate licenses with the State of Michigan shall be maintained;
(b) There shall be no more than one dwelling unit on the subject lot. Child care activities shall not be permitted within any structure other than the dwelling unit;
(c) No structure on the subject lot shall be constructed or altered for nonresidential use;
(d) There shall be a minimum of 35 square feet of indoor play area for every licensed child care slot. The play area shall not exceed 25% of the floor area of the dwelling unit. Indoor play areas shall not include bathrooms, kitchens, closets or storage areas, utility rooms, enclosed porches or similar spaces;
(e) There shall be a useable outdoor playground on the premises:
1. The playground shall not be located within the front yard, unless the Planning Commission specifically finds that it is the most appropriate location;
2. The minimum size of the playground shall be no less than 100 square feet for every licensed child care slot. The Planning Commission may reduce or waive this requirement if a public park is located within 500 feet of the subject lot;
3. All playgrounds shall be enclosed by a wall or fence at least four feet but no more than six feet in height and designed for child safety; and
4. The Planning Commission may require the playground to be obscured from abutting residential districts and uses by plant material.
(f) The hours of operation shall not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.
(3) Child care centers. Child care centers shall comply with divisions (F)(2)(a) through (f) above.
(G) Funeral homes, not including crematoriums.
(1) Appropriate licenses with the State of Michigan shall be maintained.
(2) Road frontage and access:
(a) At least one lot line shall abut an arterial road or collector road; and
(b) All vehicular access shall be directly from an arterial road or collector road.
(3) The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) All structures shall be setback at least 40 feet from any lot line abutting a residential district or use; and
(b) All structures shall be setback at least 20 feet from any lot line abutting a nonresidential district and use.
(4) Loading areas used by ambulances, hearses or other service vehicles shall be completely obscured from all surrounding properties as shown on the site plan and approved by the Planning Commission.
(5) Sufficient off-street parking and vehicle assembly area shall be provided for the purpose of conducting funeral processions. The assembly area shall be provided in addition to the requirements of §§ 152.280 et seq. A circulation plan identifying the arrangement of the vehicle assembly area shall be provided as part of the required preliminary site plan.
(H) Vehicle service stations, repair services and washes.
(1) Principal uses. Vehicle service stations, vehicle repair services and car washes.
(2) Prohibited uses.
(a) Vehicle sales, including vehicle dealerships;
(b) Equipment or activity related to vehicle repair services outside of a completely enclosed building;
(c) Outdoor commercial display or storage of vehicle parts, supplies or repair equipment, except within an area defined on the site plan, approved by the Planning Commission and located no more than ten feet beyond the principal building;
(d) Storage of inoperative or unlicensed vehicles for more than 14 days. The storage shall not occur in the front yard, side yard, or road; and
(e) Storage of discarded or salvaged materials.
(3) Lot area. The minimum lot area shall be 17,424 square feet.
(4) Road frontage and access.
(a) The subject lot shall have at least 132 feet of frontage on an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(5) Driveway and parking. All driveways and parking lots must comply with the requirements set forth in the Village Technical Standards (approach, sight distance, curb, etc.)
(6) Setbacks. The following setbacks shall apply to structures including fuel pumps, but excluding signs, walls and fences:
(a) Street line:
1. Buildings shall be setback at least 50 feet from the edge of any road right-of-way; and
2. All other structures shall be setback at least 15 feet from the edge of any road right-of-way.
(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use.
(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(7) Enclosure and screening.
(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence six feet in height and a landscaped buffer area in compliance with § 152.329.
(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate and in compliance with § 152.262(M).
(8) Drainage of storm water. The entire service area shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained to dispose of all storm water without negatively impacting adjacent property.
(9) Car washes. All vehicles waiting to enter the facility shall be provided with adequate off-street stacking spaces. No vehicle stacking area shall cross any maneuvering lane, drive, sidewalk or public right-of-way. A bypass lane or other suitable means of direct access to a public road shall be provided for vehicles that do not use the car wash.
(I) Restaurants, taverns and nightclubs.
(1) Principal uses. Standard restaurants, fast food restaurants, taverns and nightclubs.
(2) Lot area. The minimum lot area shall be 15,000 square feet.
(3) Road frontage and access. All vehicular access shall be directly from an arterial road or collector road.
(4) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) Structures shall be setback at least 15 feet from the edge of any road right-of-way;
(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and
(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(5) Enclosure and screening.
(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence six feet in height and a landscaped buffer area in compliance with § 152.329.
(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate, in compliance with § 152.262(M).
(6) Fast food restaurants.
(a) All patrons served in their vehicles via a drive-through facility shall be provided with adequate off-street standing spaces. No vehicle stacking areas shall cross any maneuvering lane, drive, sidewalk or public right-of-way. A bypass lane or other suitable means of access to a public road shall be provided for automobiles that do not use the drive-through facility.
(b) One illuminated menu board sign shall be allowed in addition to all other signs permitted by §§ 152.300 et seq. The surface area of the menu board sign shall not exceed 32 square feet and the height shall not exceed six feet above grade.
(7) Fast food restaurants, open front restaurants and outdoor cafés. The Village Planning Commission may restrict outdoor loudspeakers or hours of operation to control noise.
(8) Serving alcohol. All restaurants, taverns and nightclubs permitted by the Planning Commission to serve alcohol shall comply in every respect with the Michigan Liquor Control Code of 1998, as amended.
(J) Veterinary clinics.
(1) Lot area. The minimum lot area shall be 15,000 square feet.
(2) Road frontage and access. All vehicular access shall be directly from an arterial road or collector road.
(3) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) All structures shall be setback from the edge of any road right-of-way as required by the zoning district in which they are located;
(b) All structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and
(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(4) Odors and sounds. All facilities shall be completely enclosed within a building in such a manner as to produce no odor or sound at the lot line. No outdoor exercise runs, pens or kennels shall be allowed.
(K) Commercial outdoor display.
(1) Principal uses. Outdoor sale of vehicles, recreational equipment, manufactured homes, farm equipment, building supplies, contractor's yards, construction equipment, garden and/or landscape supplies and similar goods.
(2) Accessory uses. Car washes, vehicle service stations and minor vehicle repair may be permitted only as incidental accessory uses, and shall be conducted entirely within a completely enclosed building.
(3) Prohibited uses.
(a) Major vehicle repair;
(b) Storage of inoperative or unlicensed vehicles;
(c) Storage of discarded or salvaged materials; and
(d) Loudspeakers or other devices for broadcasting music and/or announcements.
(4) Lot area. The minimum lot area shall be 35,000 square feet.
(5) Road frontage and access.
(a) At least one lot line shall abut an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(6) Setbacks. The following setbacks apply to structures, excluding signs, walls and fences:
(a) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and
(b) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(7) Enclosure and screening. If the subject lot is adjacent to or across a road or alley from a residential district or use, all outdoor commercial displays shall be obscured from the residential district or use by means of a continuous solid wall or fence six feet in height and a landscaped buffer area in compliance with § 152.329.
(8) Outdoor commercial display area. The entire outdoor commercial display area shall be graded and drained to dispose of all storm water without negatively impacting adjacent property.
(9) Stockpiles. Any stockpiles of soil, fertilizer or similarly loose material shall be sufficiently covered and contained to prevent dust, blowing or draining of the material off-site.
(L) Supermarkets and department stores.
(1) Principal uses. Supermarkets, department stores and retail stores with more than 5,000 square feet of floor area.
(2) Lot size. The minimum lot area shall be 15,000 square feet.
(3) Road frontage and access:
(a) The subject lot shall have at least 66 feet of frontage on an arterial road or collector road; and
(b) All vehicular access shall be directly from an arterial road or collector road.
(4) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) Street line:
1. Buildings shall be setback at least 50 feet from the edge of any road right-of-way; and
2. All other structures shall be setback at least 15 feet from the edge of any road right-of-way.
(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and
(c) Structures shall be setback from any lot line abutting a nonresidential district or use as specified for permitted uses on the subject site.
(5) Enclosure and screening.
(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence no less than four feet and no more than six feet in height and a landscaped buffer area in compliance with § 152.329.
(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate, in compliance with § 152.262(M).
(6) Parking and loading areas. Parking and loading areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained in accordance with the Village Technical Standards.
(7) Building height. No building shall be erected or altered to a height greater than one story.
(M) Hotels and motels.
(1) Lot area. The minimum lot area shall be one acre.
(2) Road frontage and access.
(a) The subject lot shall have at least 66 feet of frontage on an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(3) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) Street line:
1. All buildings shall be setback at least 50 feet from the edge of any road right-of-way;
2. All other structures shall be setback at least 15 feet from the edge of any road right of-way; and
3. Within developed neighborhoods, the Village Planning Commission may allow the front setback line to be established by at least 50% of the buildings within 300 feet of either side of the subject lot.
(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and
(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.
(4) Enclosure and screening.
(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence no less than four feet and no more than six feet in height and a landscaped buffer area in compliance with § 152.329.
(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate, in compliance with § 152.262(M).
(5) Parking and loading areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained in accordance with the Village Technical Standards.
(N) Changeable message signs.
(1) Purpose. To promote traffic safety, enhance environmental aesthetics and ensure greater public participation in decisions about the placement of changeable message signs in the Village of Pinckney, changeable message signs shall comply with the requirements of §§ 152.242 and 152.300 et seq. and the following design standards:
(a) The placement of the sign on the lot shall not impair the traffic safety of motorists or pedestrians. Compliance with this standard shall be verified by all applicable road authorities including:
1. Michigan Department of Transportation for signs visible from M-36;
2. Livingston County Road Commission for signs visible from D-19 or Dexter-Pinckney Road; and/or
3. Village Department of Public Works Director, Village Engineer or Qualified Village Agent for signs visible from all other village roads.
(b) The placement of the sign on the lot shall not be detrimental to environmental aesthetics by creating visual clutter or obstructing views of significant architectural or natural features;
(c) The message change cycle of a changeable message sign shall not be less than one minute per message, except in a combined time and temperature sign where the change cycle shall be not less than 30 seconds;
(d) The changeable message shall have no more than two lines and no more than 18 characters per line, exclusive of a combined time and temperature indication; and
(e) Flashing, blinking, moving and/or scrolling lights are prohibited.
(O) Artificial ponds.
(1) Uses. Ponds constructed on private property for the purpose of aesthetic value, recreation, wildlife habitat, irrigation and fire protection, and ponds created as a result of excavation, including mining operations but not including:
(a) Naturally occurring wetlands;
(b) Storm water detention or retention ponds regulated by the Livingston County Drain Commissioner; and
(c) Swimming pools as defined in § 152.267. Swimming pools are distinguished from artificial ponds because of their:
1. Impervious manufactured liners;
2. Source of water that is not directly dependent upon natural drainage, a watercourse or groundwater aquifer; and
3. Complete seasonal drainage by the property owner.
(2) Prohibited uses. Any pond created by impounding a watercourse by means of an embankment, dam or other obstruction is prohibited.
(3) Federal, state and county compliance. The requirements of federal, state and county agencies that regulate floodplains, wetlands, land clearing or grading and drainage, including detention and retention ponds, supersede village special land use permit requirements. Soil erosion control during construction shall comply with Livingston County Drain Commissioner permitting requirements.
(4) Site development standards. Large and small artificial ponds.
(a) The minimum lot area shall be as follows:
1. Artificial ponds one acre or more in surface area: four acres; and
2. Artificial ponds less than one acre in surface area: one acre.
(b) Artificial ponds shall cover less than 25% of the lot area.
(c) The minimum depth shall be 18 inches and the maximum depth shall be ten feet.
(d) No excavation shall occur within 100 feet of a wetland, lake, river, stream or mapped floodplain boundary.
(e) No excavation shall occur within 50 feet of any road right-of-way or lot line in order to ensure sublateral support to surrounding property.
(f) Artificial ponds shall be located to minimize the chance of pollution from septic tanks, industries and similar sources.
(g) Location under power lines shall be avoided.
(h) The location and design of artificial ponds shall not adversely impact existing drainage, wetlands, floodplains, lakes, rivers, streams, groundwater levels, wildlife habitat, neighboring properties or public health, safety or welfare. Evidence of compliance with this standard shall be submitted and sealed by an engineer licensed in the State of Michigan.
(i) Erosion control during construction shall comply with the Livingston County Drain Commissioner's permitting requirements.
(j) Permanent erosion control shall be provided for disturbed surface areas and the margins of the artificial pond as approved by the Planning Commission.
(k) Where the artificial pond is determined by the Planning Commission to be a public hazard, it shall be completely enclosed by a fence no less than four feet and no more than six feet in height. Fences shall be adequate to allow maintenance access and prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.
(l) Artificial ponds shall be adequately maintained and not create a nuisance in regards to mosquitoes, stagnant algae or accumulated trash or debris.
(m) No building shall be erected on the premises except as may be a permitted use in the zoning district.
(P) Residential open space development. Residential open space development shall be permitted as a special land use in the Low Density Residential (R1), Medium Density Residential (R2) and High Density Residential (R3) Districts, subject to the following:
(1) The provisions of this subchapter;
(2) Residential Open-Space Development and § 152.266; and
(3) The Condominium Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, Land Division Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560. 293 and Village of Pinckney Ordinance No. 31, as amended.
(Q) Bed and breakfast establishments.
(1) Intent. It is the intent of this section is to permit the operation of bed and breakfast establishments as a vehicle for preserving historical resources within the village. Historical preservation is recognized as a public purpose by statute and local ordinance as a means to safeguard local heritage, preserve cultural, social, economic, political and architectural history, to stabilize and improve property values, to foster civic beauty, to strengthen local economies and to promote the education, pleasure and welfare of the citizenry. The purpose of this section is to advance those goals by enhancing the viability of historical preservation.
(2) Satisfactory conditions. Bed and breakfast establishments shall be required to satisfy all of the following conditions.
(a) Each premises must be occupied and operated by its owner.
(b) The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting or traffic.
(c) No bed and breakfast sleeping room shall be permitted that does not comply with the Michigan Building Code.
(d) No kitchen or other food preparation area or facilities shall be provided in or available to the rooms in a bed and breakfast operation. Cooking facilities in a dwelling containing a bed and breakfast operation shall be limited to the residential kitchen.
(e) Bed and breakfast bedrooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant.
(f) The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.
(g) The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast, which list shall be available for inspection by the Building Inspector or village designee.
(h) One bathroom for every three sleeping rooms shall be provided, with a minimum of two bathrooms.
(i) Every bed and breakfast bedroom shall contain a functional smoke detector, and an approved fire extinguisher shall be located on each floor on which such sleeping room is located.
(j) One parking space shall be provided off-street in the side or rear yard area for each bed and breakfast bedroom. The Planning Commission may increase or decrease required parking in order to meet the purposes of this section and protect the public health and safety.
(k) Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the inn.
(l) Maximum sign size shall be five square feet with a maximum height of six feet. Sign materials are to be compatible with the architecture of the building. Signs must meet setback standards for the district in which they are located. Internal illumination is prohibited.
(m) No exterior alterations to the structure shall be made which would change the residential appearance of the structure.
(n) The applicant shall comply with any fire and life safety requirements imposed by the Livingston County Building Department according to the Building or Fire Code.
(R) Outdoor storage lot for recreational vehicles.
(1) Principal use. Outdoor storage of unoccupied recreational vehicles, as defined in § 152.267, which would include boats, jet skis, snowmobiles and temporary dwellings such as motor homes.
(2) Accessory use. The only permitted accessory uses shall be:
(a) Village approved facilities for emptying and flushing holding tanks, filling or emptying water tanks, inflating tires, minor recreational vehicles repairs, and similar operations that could be required.
(b) Accessory retail sales limited to the tenants of items incidental to the recreational vehicles storage and could include packing materials and goods to assist in "mothballing" vehicles.
(3) Prohibited uses.
(a) Commercial activity other than the principal use and accessory use permitted above.
(b) Sales of bottled gas, special gasoline for stoves and lanterns, fuel oil, and similar specialized convenience goods.
(c) Storage of materials or equipment, inoperative or unlicensed recreational vehicles, and commercial activities other than what may be reasonable as an accessory use.
(d) Storage of combustible, flammable, explosive or toxic liquids or materials.
(e) Storage of unoccupied mobile homes that are designed and normally used for year-round living in a permanent location is prohibited in a recreational storage area.
(f) The outdoor storage of wrecked vehicles, junk or supplies shall be strictly prohibited.
(g) Recreational vehicles in storage shall not be connected to electricity, water, gas, or sanitary sewer services while in storage.
(h) Recreational vehicles in storage shall not be used for living or housekeeping purposes, or habitation of any kind.
(4) Lot area. The minimum lot area shall be two acres and the maximum lot area shall be five acres.
(5) Road frontage and access.
(a) At least one lot line shall abut an arterial road or collector road.
(b) All vehicular access shall be directly from an arterial road or collector road.
(c) Access to the site shall be restricted to employees, tenants and emergency response vehicles only, by means of locked gates and/or other access-control devices.
(6) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:
(a) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use. Structures should comply with setbacks of the underlying zoning district when not abutting a residential district or use.
(b) Structures shall be setback at least 25 feet from any lot line abutting a nonresidential district.
(c) Recreational vehicles storage shall be setback at least 15 feet from any lot line when not abutting a residential district or use, and 50 feet from a lot line when abutting a residential district or use.
(7) Impervious Surface Ratio. Because of the nature of the outdoor storage lot use, the requirement for lot coverage shall be based upon a lot impervious surface ratio that takes into consideration not only buildings, but also paved areas including parking, internal roadways, and sidewalks.
(a) IMPERVIOUS SURFACES for the purposes of this special use shall be defined as a hard surface area that prevents or substantially impedes the natural infiltration of water into the underlying soil, resulting in an increased volume and velocity of surface water runoff. Impervious surfaces include, but are not limited to, buildings, roadways, driveways, parking, sidewalks, patios, and paved recreational facilities.
(b) The IMPERVIOUS SURFACE RATIO (ISR) for the purposes of this special use shall be defined as the total area of impervious surfaces divided by the net area of the lot, excluding any road right-of-way.
(c) The allowable IMPERVIOUS SURFACE RATIO (ISR) for the purposes of this special use shall be a maximum of 65%.
(8) Height.
(a) All buildings on the property must comply with the maximum height for buildings allowed in the SBD District, being 2 1/2 stories or 35 feet, whichever is less.
(b) All vehicles or units stored on the outdoor recreational vehicle storage lot must be limited to a maximum of 14 feet in height.
(9) Enclosure and screening.
(a) The perimeter of the site shall be completely surrounded by a wall or fence of six feet in height. The use of barbed wire or electrical fencing shall not be permitted.
(b) The wall or fence shall be setback at least 30 feet from any lot line abutting a residential district or use.
(c) The wall or fence shall be setback at least 20 feet from any street lines.
(d) The setback area between the wall or fence and street line or residential lot line shall be landscaped with appropriate plant materials.
(e) The design and materials used for the wall or fence and for landscaping within the setback area shall be approved by the Planning Commission.
(10) Internal circulation and off-street parking.
(a) All storage spaces/units shall be accessible via an interior drive clearly marked to distinguish vehicle direction and parking areas. All traffic aisles, whether primary or secondary, shall be no less than 31 feet.
(b) The applicant shall demonstrate that emergency response vehicles can both fully access the premises and safely circulate through the site. Sufficient area and turning radii shall be provided at the end of all storage spaces/units to accommodate emergency response vehicles.
(c) The outside storage spaces/units should be clearly marked (with striping, staking, or another approved method).
(d) Interior drives and off-street parking areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained to dispose of all storm water without negatively impacting surrounding property.
(11) Facility management office. If a management office for the facility is provided, the office shall be located within the walled or fenced area required by division (R)(9) above, and calculated as part of the maximum lot coverage. Parking for the office shall not be less than one parking space for every 25 storage spaces/units on the site.
(S) Adult use marihuana establishments. A marihuana establishment, in compliance with the Michigan Regulation and Taxation of Marihuana Act, P.A. 2018, Initiated Law, being M.C.L.A. § 333.27951 et. seq., Chapter 113, Miscellaneous Businesses Requiring a License; Title XI, Business Regulations, of the Village of Pinckney Code of Ordinances, and the provisions of this division, shall be permitted as a special land use, in the SBD and/or RTO Districts as specified in §§ 152.045, 152.182, and 152.202. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act. Also, since federal law is not affected by that Act, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The state Regulation and Taxation of Marihuana Act does not protect users, caregivers or the owners of properties on which the recreational or medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the federal Controlled Substances Act. The following standards shall apply:
(1) Intent. The purpose of this division is to regulate marihuana establishments and enforce safety, security, health, and sanitation practices related to such establishments.
(3) State license. An application for a marihuana establishment special use permit and site plan approval shall not be accepted by the village unless the applicant has received prequalification approval from the Michigan Regulatory Agency. The appropriate state license to conduct the business shall be provided to the village prior to a certificate of occupancy being issued.
(4) Co-location and stacked licenses. Co-location of marihuana establishments and/or licenses on one property is permitted subject to all applicable state laws, rules, and regulations concerning co-location and provided all uses are permitted within the property.
(5) Hours of operations. Business hours for marihuana retailers shall be no earlier than 9:00
a.m. to no later than 9:00 p.m.
(6) Security. All marihuana or marihuana infused products shall be contained within an enclosed, secure area. The establishment shall be open to any representative of the village to inspect and examine all premises of the establishment. A security plan shall be submitted to the village for review.
(7) Road frontage and access. All vehicular access for marihuana establishments located in the SBD District shall be directly from M-36/Main Street.
(8) Separation distances. The following separation distances from sensitive land uses shall apply to properties where the proposed marihuana establishment is to be located. Distance measurements shall be made between the closest property lines of the sensitive land use to the improved portion of the proposed land use.
(a) At least 1000 feet from a pre-existing public or private school, including preschools.
(b) At least 500 feet from a religious institution, licensed day-care facility, public parks, and trails.
(9) Enclosure and screening. All uses shall be completely enclosed within a building and comply with §§ 152.385 et seq. for landscaping and screening.
(10) Environmental performance. No activities or uses shall result in the emission of glare, noise, vibration, odor, dust, pollution or any other negative impact, as regulated by § 152.370 et seq. an odor control plan shall be submitted to the village for review.
(11) Water supply and sanitary sewerage facilities. Waste disposal and water supply and disposal for the facility shall not produce contamination or create other hazards that may negatively impact the structure and/or surrounding properties and/or sanitary sewer system.
(12) Off-street parking and loading. The requirements for off-street parking and loading shall comply with the provisions of § 152.280 et. seq.
(13) Signs. Signs may not depict or reference marihuana or marihuana-related paraphernalia and shall comply with the provisions of § 152.300 et seq.
(14) All other site development standards related to lot area, minimum lot width, yards and setbacks, lot coverage, and structure height shall comply with the zoning district in which the marihuana establishment is located.
(Ord. 37, passed 8-28-2005; Ord. 88, passed 7-13-2009; Ord. 91, passed 10-12-2009; Ord. 104, passed 5-9-2011; Ord. 134, passed 11-14-2016; Ord. 153, passed 12-14-2020; Ord. 154, passed 1-11-2021) Penalty, see § 152.999
GENERAL PROVISIONS
(A) Access to a public road. Any lot or parcel created after the effective date of this chapter shall have vehicular access to a public road, either directly or via a village approved private road.
(B) Compliance required. Lot frontage, vehicular access and curb cuts shall comply with applicable state and county road agency standards and the Village of Pinckney Technical Standards which supersede this chapter.
(C) Curb cuts. In the absence of other state, county or village regulation, the Village Technical Standards shall apply.
(D) Street trees for landscaping adjacent to roads. All uses requiring site plan review in accordance with §§ 152.385 et seq. shall comply with the following: all lots shall be landscaped along the right-of- way of any road frontage.
(E) Visibility at road intersections. No fence, wall, sign, structure, hedge or other visual obstruction more than 30 inches in height from the finished road grade shall be permitted within the triangular area formed at the intersection of any road right-of-way lines by drawing a straight line between the road right-of-way lines at a distance along each line of 25 feet from their point of intersection. Street trees within a sight triangle shall have all branches trimmed to provide clear vision for a vertical height of nine feet above the road grade.
(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021) Penalty, see § 152.999
(A) Lot depth to width ratio. Lot depth shall not exceed four times the lot width.
(B) Accessory structures. No accessory structure shall be erected or altered unless it is subservient to an existing principal building on the same lot.
(C) Residential floor area.
(1) Single-family dwellings. Each dwelling unit shall have at least 950 square feet of habitable floor area on the ground floor, exclusive of any attached garage. Dwelling units of more than one story may have a minimum of 720 square feet of habitable floor area on the ground floor, exclusive of any attached garage.
(2) Two-family and multiple-family dwellings. Each dwelling unit shall have the following minimum floor area:
Building | Square Feet |
Efficiency | 500 |
1 bedroom units | 600 |
2 bedroom units | 800 |
3 bedroom units | 1,000 |
Each additional bedroom | 110 |
(D) Temporary structures. Temporary structures for uses associated with construction shall be removed within 30 days of completion or abandonment of work.
(E) Relocating structures. No structure larger than 120 square feet shall be moved on a lot or from one lot to another unless the structure is made to conform to all the provisions of this chapter. It shall be the responsibility of the person(s) requesting a land use permit and county building permit for the relocation to show that the structure will fully conform to all applicable codes and ordinances. To assure compliance with these provisions, no land use permit shall be issued until the applicant has posted a cash bond in an amount of no less than $500, the proceeds of which shall accrue to the village if the total work is not accomplished within six months of the issuance of the permit.
(F) Essential public services. Essential public services shall be permitted as authorized and regulated by law and other ordinances, it being the intention hereof to exempt the essential services from the application of this chapter.
(G) Water supply and sanitary sewerage facilities. After the effective date of this chapter, no structure shall be erected, altered or moved upon a lot and used in whole or in part for a residential, commercial or industrial purpose unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human waste and domestic, commercial and industrial waste. All the installations and facilities shall conform to the minimum requirements of the Livingston County Health Department and village ordinances and technical standards.
(H) Swimming pools.
(1) No swimming pool shall be constructed without a land use permit. Application for a land use permit shall include a plot plan showing the location of the swimming pool and any proposed decks, bathhouses and/or cabanas. The site plan shall also show the location, height and type of all existing and proposed fences or walls and access gates.
(2) Private swimming pools shall be permitted only in the rear yard. Setbacks from side lot lines and rear lot lines shall comply with the zoning district in which the pool will be located. No swimming pool shall be located within an easement.
(3) For the protection of the general public, swimming pool enclosure, gating and access control and overhead clearance shall comply with State of Michigan Construction Code and the International Swimming Pool and Spa Code requirements, as implemented by the Livingston County building official.
(4) On-ground and above-ground pools greater then 30 inches in height up to 48 inches must have a code approved barrier around them and meet the requirements of the Livingston County Building Department.
(5) All other on-ground and above-ground pools which are 48 inches or greater in height have alternative methods for complying with the barrier requirements as implemented by the Livingston County Building Department.
(I) Garage, yard, rummage and estate sales. Garage, yard, rummage and estate sales shall be considered temporary accessory uses provided the following conditions are met:
(1) The sales activity shall not exceed four consecutive days;
(2) No more than two sales events shall be held at the same location within a 12-month period;
(3) The sales activity shall not create a traffic hazard or nuisance to neighboring properties;
(4) No sales activity shall be conducted within a sidewalk or road right-of-way; and
(5) Advertising signs shall comply with the requirements of § 152.302(E)(5).
(J) Keeping of animals.
(1) No more than four dogs or cats six months of age or older shall be kept or housed in or at one dwelling unit, unless permitted as a commercial kennel.
(2) Livestock and poultry raising and similar uses shall not take place within the village limits unless permitted by § 90.01.
(K) Adult foster care family homes. State-licensed adult foster care family homes shall not be excluded by zoning from the benefits of normal residential surroundings, shall be considered a residential use of property for the purposes of zoning, shall be a permitted use in all residential districts, including those zoned for single-family dwellings and shall not be subject to special land use permit standards, or other standards or procedures different from those required for other dwellings in the same district.
(1) At least 45 days before licensing an adult foster care family home within the Village of Pinckney, the state-licensing agency shall notify the Village Council.
(2) Upon notice by the state, the village shall notify property owners within a 1,500-foot radius of the lot upon which the facility is proposed. The cost of the required public notice shall be born by the licensee.
(3) The state shall not license a proposed adult foster care family home if another state licensed adult foster care family home exists within a 1,500-foot radius of the lot upon which the facility is proposed.
(L) Outdoor storage and community blight.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
ABANDONED VEHICLE. Any vehicle which has remained on private property for a period of 48 continuous hours or more, without the consent of the owner or occupant of the property or a period of 48 continuous hours or more after the consent of the owner or occupant of the property has been revoked.
BLIGHTED STRUCTURE. Any dwelling unit, accessory structure, building or any other structure or part of a structure which, because of fire, wind or other natural or technological disaster, or physical deterioration, is no longer habitable or useful for the purpose for which it may have been intended.
BUILDING MATERIALS. Lumber, brick, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure.
CONSTRUCTION EQUIPMENT. Forklifts, backhoes, graders, trenchers, loaders, excavating, compacting, paving and pipe laying equipment, dozers, hoists, temporary trailers, temporary toilets or any other equipment used in constructing infrastructure or structures.
JUNK. Parts of machines or vehicles, broken and unusable furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other cast-off material of any kind whether or not the same could be put to any reasonable use.
JUNK VEHICLE. Any motor vehicle or recreational vehicle that is not fully licensed for use by the State of Michigan for more than 30 consecutive days and/or is inoperable for more than 30 consecutive days whether licensed or not except operative vehicles that are kept as the stock in trade of a regularly licensed and established vehicle dealership.
PERSON. All natural persons, firms, co-partnerships, corporations and all associations of natural persons, incorporated or unincorporated, whether acting by their self or by a servant, agent or employee. All persons who violate any of the provisions of this chapter, whether as owner, occupant, lessee, agent, servant or employee shall, except as herein otherwise provided, be equally liable as principals.
TRASH and RUBBISH. Any and all forms of debris not otherwise classified herein.
(2) Storage. It is hereby determined that the storage or accumulation of trash, junk, junk vehicles, abandoned vehicles, building materials, construction equipment and the maintenance of blighted structures upon any private property within the Village of Pinckney tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, the increase in nuisance complaints and therefore is contrary to the public health, safety and general welfare of the community.
(3) Unlawful storage. It shall be unlawful for any person to store, or to permit the storage or accumulation of trash, rubbish, junk, junk vehicles or abandoned vehicles on any private property in the village except within a completely enclosed building or upon the premises of a legally operating, licensed or approved junk dealer, junk buyer, dealer in used auto parts, dealer in second-hand goods or junk, or operator of an vehicle repair service and/or automobile wrecker business.
(4) Unlawful maintenance. It shall be unlawful for any person to keep or maintain any vacant or blighted structure, unless the same is kept securely locked, the windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by unauthorized persons or unless the structure is in the course of construction in accordance with a valid building permit issued by the county for the Village of Pinckney and unless the construction is completed with one year.
(5) Accumulation of building materials and construction equipment. It shall be unlawful for any person to store or permit the storage or accumulation of building materials or construction equipment on any private property, except in a completely enclosed building or except where the building materials and/or construction equipment are part of the stock in trade or business located on the property, or except when the materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by Livingston County for the Village of Pinckney.
(6) Unlawful storage of commercial purposes. It shall be unlawful for any person to store any item, material or substance used for commercial purposes on a lot in the R1, R2, R3, R4 or ROB District, except in a completely enclosed building and when the materials are being lawfully used in conjunction with an approved home occupation or otherwise permitted use.
(7) Unlawful storage of vehicles. It shall be unlawful for any person to store more than a combined total of three licensed or unlicensed, operable recreational vehicles outdoors on a lot in a residential district, 24 hours per day for more than 30 consecutive days.
(8) Inspection. If upon inspection, the Building Inspector, Zoning Administrator, any village police officer, Fire Inspector, health officer, elected official or County Health Department shall find that any property within the village is being used in violation of the above sections of this chapter, the owner and/or occupant shall be notified of the violation which may be given by certified letter to the owner as he or she appears on the tax rolls of the village or by service upon the occupant personally by any official of the Village of Pinckney or the Livingston County Health Department.
(9) Appeals. The owner and/or occupant may appeal to the Village Council for a public hearing, which shall be held at the next regular Council meeting providing he or she files a request in writing with the Village Clerk within ten days of the receipt of the notice above specified. Following the hearing, the decision of the Village Council as to the violation shall be final.
(10) Costs eliminated. If the owner and/or occupant of the premises shall not cause the material in violation of this chapter, as described above, to be eliminated or removed within ten days after notice or within ten days after the decision of the Village Council is rendered in case of an appeal, the Village President shall direct some person or persons to remove and/or eliminate the same at the cost and expense of the owner and/or occupant of the premises. After causing the materials to be eliminated or removed, the Village President may obtain a judgment against the owner and/or occupant in the amount of the total expense incurred by the village which shall be a lien upon the property and the same may be collected in any manner authorized by statute and, if not paid, may be placed on the Tax Roll and collected the same as other taxes.
(M) Screening dumpsters.
(1) Design. Outside dumpsters serving a multiple-family residential or commercial use shall be:
(a) Located on concrete pads of sufficient size and construction to prevent containers from leaking directly onto the ground and to fully support the containers without cracking;
(b) Completely surrounded with a fence or wall and gate at least six feet in height, so as not to be visible from adjacent lots or roads; and
(c) The design and materials of the surrounding fence or wall and gate shall be compatible with the architectural style of the buildings on the site, as determined by the Planning Commission. Acceptable materials may include treated wood, brick and vinyl.
(2) Landscaping. The Planning Commission, at its discretion, may require planting around dumpsters if deemed necessary due to the proximity of public and/or conflicting uses.
(3) Location. Dumpsters shall be consolidated to minimize the number of collection sites. Dumpsters and enclosures shall be located:
(a) Away from public view insofar as possible, and on that side which is opposite or the maximum distance possible from adjacent residential uses; and
(b) So that they do not cause excessive nuisance or offense to the occupants of nearby buildings.
(4) Maintenance. Dumpsters, enclosures and the immediately surrounding area shall be continuously maintained to be fully functioning, aesthetically pleasing and free of litter and debris.
(N) Conditional re-zoning of land. It is recognized that there are certain instances where it would be in the best interest of the village, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be offered by property owners as part of a request for a re-zoning. It is the intent of this section to provide a process consistent with the provisions of § 405 of the Michigan Zoning Enabling Act (Public Act 110 of 2006) as amended by which an owner seeking a re-zoning may voluntarily propose conditions regarding the use and/or development of land as part of the re-zoning request. Therefore, as an alternative to a re-zoning amendment as described in § 152.460, the Village of Pinckney may allow conditional re-zoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the re-zoning process in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended. If a property owner submits an offer for conditional re-zoning as provided within this section, then the procedure for the proposed conditional re-zoning of land shall follow the standards and procedures as noted below.
(1) Procedure. The amendment procedure for a conditional re-zoning shall follow the same procedure as a traditional re-zoning amendment pursuant to § 152.460, except as modified by this section.
(2) Application and offer of conditions. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a re-zoning is requested. This offer may be made either at the time the application for re-zoning is filed or may be made at a later time during the re-zoning process. In addition to the procedures as noted in § 152.460, the following procedures, standards and requirements apply to all proposed conditional re-zoning requests:
(a) A conditional re-zoning request must be voluntarily offered by the owner of land within the village. All offers must be made in writing and must provide the specific conditions to be considered by the village as part of the re-zoning request. The offer may be made either at the time the application for re-zoning is filed or may be made at a later time during the re-zoning process. All offers shall be in the form of a written agreement approved by the village and property owner, incorporating the conditional re-zoning site plan when required below and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional re-zoning is sought.
(b) Conditional re-zoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.
(c) Conditional re-zoning shall not alter any of the various zoning requirements for the use(s) in question, i.e. parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage and the like. Conditional re-zonings shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of §§ 152.440 et seq.
(d) The owner's offer of conditions shall bear a reasonable and rational relationship to the property and the surrounding area for which re-zoning is requested.
(e) Conditional re-zoning shall not grant, nor be considered as a grant of special land use approval. The process for review and approval of special land uses must follow the provisions of §§ 152.240 et seq.
(f) All conditions offered by a land owner in relation to a re-zoning request must have a direct relationship to the re-zoning itself. The provisions to allow conditional re-zoning shall not be construed to allow re-zoning by exaction.
(g) In addition to the informational requirements provided for in § 152.460, the applicant may be required by the village to provide a conditional re-zoning site plan prepared by a licensed professional allowed to prepare the plans under this chapter that may show the location, size, height or other measures for and/or of buildings, structures, improvements and features on, and in some cases adjacent to the property that is the subject of the conditional re-zoning of land. The details to be offered for inclusion in the conditional re-zoning site plan shall be determined by the applicant, subject to approval of the village. A conditional re-zoning site plan shall not replace the requirement under this chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.
(h) The offer of conditions may be amended during the process of re-zoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. If the amendment occurs subsequent to the Planning Commission's public hearing on the original re-zoning request, then the re-zoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
(i) An owner may withdraw all or part of his or her offer of conditions any time prior to final re-zoning action of the Village Council provided that, if the withdrawal occurs subsequent to the Planning Commission's public hearing on the original re-zoning request, then the re-zoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
(3) Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for re-zoning set forth in § 152.461, may recommend approval, approval with recommended changes or denial of the re-zoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
(4) Village Council review. After receipt of the Planning Commission's recommendation, the Village Council shall deliberate upon the requested re-zoning and may approve or deny the conditional re-zoning request. The Village Council deliberation shall include, but not be limited to, a consideration of the factors for re-zoning set forth in § 152.461. Should the Village Council consider amendments to the proposed conditional re-zoning advisable and is such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Village Council shall, in accordance with § 401 of the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended, refer the amendments to the Planning Commission for a report thereon within a time specified by the Village Council and proceed thereafter in accordance with the statute to deny or approve the conditional re-zoning with or without amendments.
(5) Approval.
(a) If the Village Council finds the re-zoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this section. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of this chapter adopted by the Village Council to accomplish the requested re-zoning.
(b) The Statement of Conditions shall:
1. Be in a form recordable with the Livingston County Register of Deeds and in a manner acceptable to the Village Council;
2. Contain a legal description of the land to which it pertains;
3. Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land;
4. Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions. If any documents are incorporated by reference, the reference shall specify the date of the document and where the document may be examined;
5. Contain a statement acknowledging that the Statement of Conditions shall be recorded by the village with the Livingston County Register of Deeds; and
6. Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.
(c) Upon the re-zoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was re-zoned with a Statement of Conditions. The Village Clerk shall maintain a listing of all lands re-zoned with a Statement of Conditions.
(d) The approved Statement of Conditions shall be filed by the village with the Livingston County Register of Deeds. The Village Council shall have the authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the village or to any subsequent owner of the land.
(e) Upon the re-zoning taking effect, the use of the land so re-zoned shall conform thereafter to all of the requirements regulating the use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.
(6) Compliance with conditions.
(a) Any person who establishes a development or commences a use upon land that has been re-zoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.
(b) No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable Statement of Conditions.
(7) Time period for establishing development or use. Unless another time period is specified in the ordinance re-zoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the re-zoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the Village Council if:
(a) It is demonstrated to the Village Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and
(b) The Village Council finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
(8) Reversion of zoning. If approved development and/or use of the re-zoned land does not occur within the time frame specified under division (7) above, then the land shall revert to its former zoning classification as set forth in §405 of the Michigan Zoning Enabling Act (Public Act 110 of 2006) as amended. The reversion process shall be initiated by the Village Council requesting that the Planning Commission proceed with consideration of re-zoning of the land to its former zoning classification. The procedure for considering and making this reversionary re-zoning shall thereafter be the same as applies to all other rezoning requests.
(9) Subsequent re-zoning of land. When land that is re-zoned with a Statement of Conditions is thereafter re-zoned to a different zoning classification, or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to division (8) above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Village Clerk shall record with the Livingston County Register of Deeds a notice that the Statement of Conditions is no longer in effect.
(10) Amendment of conditions.
(a) During the time period for commencement of an approved development or use specified pursuant to division (7) above or during any extension thereof granted by the Village Council, the village shall not add to or alter the conditions in the Statement of Conditions.
(b) The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original re-zoning and Statement of Conditions.
(11) Village right to re-zone. Nothing in the Statement of Conditions nor in the provisions of this section shall be deemed to prohibit the village from re-zoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification. Any re-zoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended.
(12) Failure to offer conditions. The village shall not require an owner to offer conditions as a requirement for re-zoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.
(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 154, passed 1-11-2021) Penalty, see § 152.999
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