ARTICLE 15 - SPECIAL LAND USES ________________________________________ 15.00

15.1 INTENT AND PURPOSE

In contrast to the clear cut and objective process desired for most zoning decisions, the Special Use Permit process is intended to be at least partly subjective.  It relies upon the judgment of the Planning Commissioners, the sincerity of the applicant, and the opinions or feelings of people who live or own property near the site of a proposed Special Use.   The Special Uses which are designated for a particular Zoning District are  generally complementary to the uses permitted by right.  However,  because of their unique characteristics or more intensive natures, these uses require special consideration of the welfare of adjacent  properties and the community as a whole. 

This Article provides procedures and standards for regulating activities identified as uses by special use permit.  Special Uses represent a middle range between uses that are clearly permitted and uses that are clearly denied in any Zoning District.  The purpose of designating special uses is to allow practical latitude for a property owner or developer to use a parcel of land while maintaining protection of the health, safety, comfort, convenience and general welfare of neighbors and the community  at large. (Amended 7/9/02 )

15.2 GENERAL PROVISIONS

A.    INITIATION OF SPECIAL LAND USE.  Any person having a freehold interest in land, a ownership interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this section in the zoning district in which the land is located.

B.    APPLICATION OF SPECIAL LAND USE.  An application for a special use permit for any land or structure use permitted under this article shall be submitted and processed under the following procedures:

1.     Submission of Application: Any application shall be submitted through the Zoning Administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by the Township Board by resolution to cover costs of processing the application. No part of any fee shall be refundable.

2.     Data Required: Every application shall be accompanied by the following information and data:

a.     The form supplied by the Building Inspector filled out in full by the applicant, including a statement of supporting evidence showing compliance with the requirements of  this Article.

b.     Site plan drawn to the specifications of the site plan review regulations of this Zoning Ordinance.

C.    NOTICE OF REQUEST.  Upon receipt of an application for a special land use which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the Township and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300’) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300’) feet.  The notice shall be given not less than five and not more than fifteen (15) days before the application will be considered.  If the name of the occupant is not known, the term "occupant" may be used in making notification.  Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice.  In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.  The notice shall contain the following information.

1.     Description of the nature of the special land use request.

2.     Indication of the property which is the subject of the special land use request.

3.     Statement of when and where the special land use request will be considered.

4.     Indication of when and where written comments will be received concerning the request.

D.    AUTHORIZATION. The Zoning Administrator shall review each application for a special land use, and make a recommendation to the Planning Commission. Where applicable, the Zoning Administrator or Planning Commission shall request a written response to a site plan review from affected federal, state, county, or local agencies.  The Planning Commission may deny, approve, or approve with conditions any application for a special land use.  The Planning Commission shall incorporate its decision in a statement of conclusions pertaining to the special land use under consideration.  The decision shall specify the basis for the decision and any conditions imposed. 

No person should think that compliance with the standards defined by this Article automatically grants him or her the right to establish a special use in a given zoning district.  Rather, the privilege of establishing a special use is granted or denied by the Planning Commission following the process outlined in this Article. (Amended 7/9/02 )  

E.    GENERAL REQUIREMENTS FOR APPROVAL. The request for special land use approval must meet the following general standards, as well as the more specific require­ments for the requested land use. The Planning Commission shall review each application for the purpose of determining that each use on its proposed location will:

1.     Be harmonious with and in accordance with the general principals and objectives of the Comprehensive Plan of the Township of Tittabawassee .

2.     Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the area in which it is proposed.

3.     Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

4.     Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal water and sewage facilities and schools.

5.     Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any person, property or general welfare as a result of producing excess traffic, noise, smoke, fumes, glare, odors.

6.     Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this ordinance for the land use or activities under consideration; and be necessary to ensure compliance with those standards.

F.     CONDITIONS AND GUARANTEES.  Prior to the granting of any special land use, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance, and operations of the special land use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified.  In all cases in which special land uses are granted, the Planning Commission shall require any evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the special land use are being, and will be, complied with.  Any conditions imposed shall remain unchanged except upon the mutual consent of the Planning Commission and the land owner.  The Township Clerk shall maintain a record of changes granted in the conditions.  A Special Land Use is authorized and legal until the specific land use with all conditions is changed.  The Special Land use then “runs with the land” regardless of the owner of the land.

G.    PERMIT EXPIRATION. A special use permit issued under this section shall be valid for a period of one (1) year from the date of the issuance of said permit. If construction has not commenced and proceeded meaningfully toward completion by the end of this period, the Building Inspector shall notify the applicant, Township Manager, Planning Commission and Township Board in writing of the expiration or revocation of said permit.

H.    EFFECT OF DENIAL OF A SPECIAL LAND USE.  No application for a special land use which has been denied wholly or in part by the Planning Commission shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Zoning Administrator and the Planning Commission.

I.     REVOCATION.  In any case where a special land use has not been established within one (1) year after the date of granting authorization for the use, the special land use authorization shall automatically be null and void without further action by the Planning Commission. In addition, a special land use can be revoked by the Planning Commission under the same procedure as the section used to approve it, if it is found that it no longer meets the standards of this ordinance.

15.3 PERMITTED SPECIAL LAND USE PROVISIONS

These Permitted Uses and Uses allowed by Special Permit enumerated in any zoning district, if included below, shall be subject to all the conditions and requirements of this Article and all other applicable regulations of this Ordinance.

A.              ADULT BUSINESS. 

The purpose and intent of requiring the following standards for adult bookstores and entertainment facilities is to prevent conditions that would presently or ultimately lead to blight and deterioration.

1.      No adult bookstore or entertainment use shall be located within one thousand (1,000') feet of a church, school, public park, noncommercial public assembly facility or public office building.

2.      The site shall not be adjacent to or within five hundred (500') feet of any residential area or Residential Zone.

3.      The site shall not be within one thousand (1,000') feet of any other adult business use.

4.      Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of any adult uses, are limited to a single sign and all such displays shall be part of specific approvals for all the use/activity.  Any alteration to the above media shall be approved by the Planning Commission.

5.      The site layout, setback, structures and overall appearance and function of the use shall be compatible with adjacent uses.

B.      AGRICULTURE BULK COLLECTION, STORAGE, DISTRIBUTION

1.        Each principal agribusiness use shall have frontage upon and access to a thoroughfare having a primary or greater classification.

2.        The minimum lot area shall be ninety thousand (90,000) square feet and the minimum lot width shall be three hundred (300') feet.

3.        A bulk collection, storage, distribution, and similar structure shall be located not less than fifty (50’) feet from any right-of-way line and not less than fifty (50’) feet from any side or rear property line.

4.        The total coverage of all main and accessory buildings shall not exceed thirty (30%) percent of the lot on which they are located.

5.        Noise or similar objectionable characteristics incidental to the activity shall not be discernible beyond five hundred (500’) feet from the boundaries of the lot or premises from which the noise or objectionable characteristic is generated.

C.      AUTOMOBILE SERVICE AND REPAIR/QUICK OIL CHANGE

1.        Minimum lot area shall be ten thousand (10,000) square feet for an automobile service station or repair garage.

2.        Minimum lot width shall be not less than one hundred (100’) feet.

3.        An automobile service station building shall be located not less than fifty (50’) feet from any right-of-way line and not less than thirty (30’) feet from any side or rear lot line abutting residentially zoned property.

4.        Ingress and egress drives shall not be less than fifteen (15’) feet in width.

5.        Curb cuts shall not be permitted where, in the opinion of the Zoning Administrator, they may produce a safety hazard to adjacent pedestrian or vehicular traffic.

6.        The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.

7.        All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building.  All gasoline pumps shall be located not less than thirty (30’) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

8.        All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by an eight foot high masonry wall and shall comply with requirements for location of accessory buildings.  Outside storage or parking of each disabled, wrecked, or partially dismantled vehicle shall not be permitted for a period exceeding three (3) days.

9.        All exterior lighting, including signs, shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties.

10.      On a corner lot, both street frontage sides shall be subject to all applicable front yard provisions of this ordinance.

D.           BED AND BREAKFAST

1.        A Bed and Breakfast must be licensed by Tittabawassee Township according to current licensing regulations.

2.        Each premise must have been originally designed and constructed as a single-family residence and must be occupied and operated by its owner. The structure shall remain a residential structure; i.e. the kitchen shall not be remodeled into a commercial kitchen.

3.        Not more than twenty-five (25%) percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

4.        No bed and breakfast sleeping rooms shall be located in a basement or attic.

5.        Cooking for bed and breakfast guests shall take place in the same kitchen as used by the property owner. There shall be no separate cooking facilities in the rented rooms for bed and breakfast stay. Breakfast is the only meal that may be served to guests.

6.        Bed and breakfast bedrooms shall contain a minimum of one hundred twenty (120) square feet for the first two (2) occupants, with an additional thirty (30) square feet for each additional occupant.

7.        Bed and breakfast occupants shall be limited to four (4) in (1) room at any one (1) time.

8.        The stay of bed and breakfast guests shall be no more than fourteen (14) consecutive days and not more than thirty (30) days in any one (1) calendar year.

9.        A maximum of six (6) persons per each restroom will be permitted.

10.      A two (2') feet square sign, affixed flat against the dwelling and not illuminated, will be permitted.

11.      All parking shall be off the street, in the side or back (not front) yard. Two (2) parking spaces plus one (1) additional space per room to be rented must be provided. All parking spaces shall be paved or graded to Township standards with materials which maintain the historical character of the neighborhood. Natural screening by use of plant materials or other screening may be required to screen parking areas form adjoining residential properties.

12.      No additions to existing structures will be approved for the purpose of adding bed and breakfast space. New construction in residential zones will be permitted subject to review and approval of the Planning Commission.

13.      Bed and breakfast guests shall have access to all common areas, including but not limited to, dining rooms, parlors, screened-in porches, etc.

E.       CAMPGROUND/RV PARKS

1.      The campground must provide a Health Department approved sewage disposal and water system.

2.      There must be a minimum of fifteen (15) campsites/trailer pads.

3.      Campgrounds, travel trailer parks and similar activities shall be located only in areas which contain soils that are not considered prime for agricultural production and which are otherwise suitable for recreational use.

4.      Minimum lot size shall be five (5) acres.  The lot shall provide direct vehicular access to a public street or road.  The term "lot" shall mean the entire campground or travel trailer park.  Each lot shall be provided with at least one public telephone.

5.      Minimum distance between designated campsites shall be twenty (20’) feet; minimum distance between travel trailers/ recreational vehicles shall be fifteen (15’) feet.

6.      Appropriate vegetation and screening around the perimeter of the site shall be provided.

F.      CAR WASH

1.     Minimum lot size shall be twelve thousand (12,000) square feet, minimum lot width shall be one hundred (100’) feet.

2.     All washing activities must be carried on within a building.

3.     The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley.  A street or alley shall not be used as maneuvering or parking space for vehicles to be serviced by the subject facility.

4.     Ingress and egress drives shall not be less than fifteen (15’) feet wide.

5.     The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.

G.      CEMETERIES

Public or private, when occupying a site of not less than twenty (20) acres, provided that no building shall be closer than fifty (50') feet from any property lines.

H.      EARTH REMOVAL, QUARRYING, GRAVEL PROCESSING

The purpose of this Article is to allow limited commercial quarrying, gravel processing and mining of minerals within the Township under certain defined conditions, and to minimize the impacts of those operations upon adjacent properties and the surrounding neighborhood.  The following requirements also apply to expanded or new areas of earth removal quarrying, gravel processing, mining and mineral extraction businesses actively in existence with the Township at the time of adoption of the Ordinance.

1.      STREET ACCESS

All such operations shall be located on a major road for ingress and egress thereto, or on a road which does not create traffic through an area developed primarily for residential purposes.  Where necessary, the Planning Commission may require the applicant to construct and/or improve a road to accommodate the truck travel necessitated by the operations as a condition to such operations, and for the purpose of routing traffic around residential areas and preventing the breaking up of existing roads which are not "all weather" roads.

2.      SETBACKS AND GRADE LEVELS

a.     Sufficient setbacks shall be provided from all property lines and public rights-of-way to assure adequate lateral distances from adjacent public and private property.  No such excavation operation shall be permitted closer than one hundred fifty (150') feet to interior boundary lines of the property but larger setbacks may be required by the Planning Commission to adequately protect adjoining properties. 

b.     No such excavation operation shall be permitted within fifty (50') feet of adjoining public rights-of-way except for the lowering of land adjoining the rights-of-way to the grade level of the rights-of-way.

c.     The permanent processing plant and its accessory structures shall not be located closer than two hundred fifty (250') feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impact.  In addition, the foregoing shall apply to digging or excavating apparatus, to the stockpiling or loading of materials and to the location of transportation equipment.

d.     No such excavation operation shall be located within one hundred (100') feet of the banks of any stream or waterway unless previously approved, in writing, by the Michigan Water Resources Commission, or such other state commission having appropriate jurisdiction. No such mining operations shall be conducted to the detriment or damage of adjoining public or private properties.

3.   SIGHT BARRIERS

Sight barriers shall be provided along all boundaries of the site which lack natural screening conditions through existing contours or evergreen growth.  Such barriers shall consist of one or more of the following:

a.     Earth berms constructed to a height of six (6') feet above the mean elevation of the centerline of the adjacent public roadway and/or six (6') feet above the general level of terrain along interior property lines. Such berms shall have slopes that are not in excess of one (1') foot vertical to three (3') feet horizontal and shall be planted with grass, trees or shrubs.

b.     Plantings of evergreen trees or shrubbery in rows parallel to the boundaries of the property, not less than four (4') feet in height at the time of planting and which grow to not less that six (6') feet in height at maturity and sufficiently spaced to provide effective sight barriers when six (6') feet in height.

4.   NUISANCE ABATEMENT

a.     NOISE AND VIBRATIONS.  Noise and vibration shall be minimized in their effect upon adjacent properties by the utilization of modern equipment designed to accomplish such minimization and by the proper use of berms, walls, and natural planting screens.  All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.

b.     AIR POLLUTION.  Air pollution in the form of dust and dirt shall also be kept to a minimum by the use of modern equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution injurious or substantially annoying to adjoining property owners.  Interior and adjoining roads used in the operations shall have their surface treated to minimize any such nuisance.

c.     HOURS OF OPERATION.  The operation shall be restricted to the hours of seven  ( 7:00 AM ) o'clock a.m. until six ( 6:00 PM ) o'clock p.m. Monday through Friday.

d.     FENCING.  In addition to the sight barriers along the boundaries of the site all steep excavations, pits and pond areas, banks or slopes shall be fenced and posted with signs around the perimeter thereof and maintained to prevent injury to children or others. Such excavation, pits, pond areas, banks and slopes upon termination of operations, shall be eliminated as expeditiously as possible.

5.   RECLAMATION OF MINED AREAS

a.     TIME PERIODS.  Reclamation and rehabilitation of mined areas shall be accomplished as soon as practical following the mining or excavation of an area.  Rehabilitation and reclamation shall be commenced immediately upon the termination of the mining or excavation operations in any area consisting of one (1) acre or more.  Substantial completion of reclamation and rehabilitation shall be effected within one (1) year after termination of mining or excavation activity.  Inactivity for a twelve (12) month consecutive period shall constitute, for this purpose, termination of mining activity.

b.          STANDARDS. 

1.     All excavation shall be either to a water producing depth of not less than five (5) feet below the average summer level of water in the excavation, or shall be graded or backfilled with non-noxious, non-flammable, non-polluting and non-combustible solids to ensure:

(a)     That the excavated area shall not collect stagnant water and not permit the same to remain; or,

(b)     That the surface of such area which is not permanently submerged is graded or backfilled as necessary to produce a gently rolling surface that will minimize wind and water erosion, and which will be generally compatible with the adjoining land area.

2.     The banks of all excavations shall be sloped to the waterline in a water-producing excavation, and to the pit floor in a dry operation at a slope which shall not be steeper than one (1) foot vertical to three (3) feet horizontal.

3.     Top soil of a quality equal to that occurring naturally in the area shall be replaced on excavated areas not covered by water, except where streets, beaches, or other planned improvements are to be completed within a one (1) year period.  Where used, top soil shall be applied to a minimum depth of four (4”) inches sufficient to support vegetation.

4.     Vegetation shall be restored by the appropriate seeding of grasses or the planting of trees and shrubs to establish a permanent vegetative cover on the land surface and to minimize erosion.

5.     Upon cessation of mining operations by abandonment or otherwise, the operating company, within a reasonable period of time not to exceed twelve (12) months thereafter, shall remove all plant structures, foundations, buildings, stockpiles and equipment, provided that buildings and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning district in which they will be located under such plan may be retained.

6.   PERFORMANCE BOND

A performance bond or cash shall be furnished the Township Clerk ensuring the proper rehabilitation and reclamation of the mined and excavated areas prior to the commencement of any such mining or excavating operations.  The amount of guarantee shall not be less than three thousand dollars ($3,000) per acre proposed to be mined or excavated in the following twelve (12) month period and which has previously been mined or excavated during any preceding period and not reclaimed and rehabilitated in accordance with this Ordinance and the applicant's filed plan.  Mined areas resulting in a water depth of five (5) feet or more shall be deemed to be reclaimed areas to within fifteen (15) feet of any vertical shoreline thereof and to the extent of the shoreline where the same has been sloped to a grade of not more than one (1) vertical to three (3) horizontal, for the purpose of this financial guarantee.  Such financial guarantee shall be reviewed annually on or about the anniversary date of the excavation permit for adjustment and compliance with the foregoing requirements by the Zoning Administrator and the Planning Commission.  In no event shall such financial guarantee be less than three thousand dollars ($3,000) and the dollar amount of the guarantee shall be set by the Township Board.

7.   SUBMISSION OF OPERATIONAL AND RECLAMATION PLANS

a.   PLAN CONTENTS.  No earth removal, quarrying, gravel processing, mining and related mineral extraction businesses shall be allowed or commenced until a plan has been submitted to the Planning Commission disclosing compliance with all of the provisions of this Ordinance or the manner in which compliance will be secured by the applicant.  Such plans shall include, among other things, the following:

1.     A contour map of the tract of land involved in the operations, including dimensions of the same, access thereto abutting public streets, and whether or not the same are "all weather" roads, additional roads, if any, to be constructed, and the location and nature of abutting improvements on adjoining property.

2.     The number of acres and the location of the same proposed to be operated upon within the following twelve (12) month period after commencement of operations.

3.     The type of mining or processing proposed to be conducted and the nature of the equipment to be used.

4.     The location of the principal processing plant and the distance of any proposed excavation or mining from the boundaries of the site.

5.     Soil boring tests shall be made around the perimeter of the excavation site in the event excavation or activities are to be conducted closer than one hundred fifty (150) feet from the boundaries of the site. The soil boring tests shall disclose conditions satisfactory for lateral support of adjacent premises as determined by a registered civil engineer.  The written consent of the Planning Commission shall be required if mining operations shall be closer than specified in this Ordinance to the boundaries of the site.

6.     A map or plan disclosing the final grades and elevations to be established following the completion of the mining operations, including the proposed uses then contemplated for the land, future lakes and roads and such other matters as may evidence the bona fide nature of the reclamation and rehabilitation plans and the fact that the land will not be devastated and rendered unusable by the proposed mining activities.

8.      ADDITIONAL CONDITIONS.  In making any decision, the Planning Commission shall have the right and authority to impose such additional conditions and safeguards as it deems necessary for the protection of the health, safety and general welfare of the neighborhood and of the adjoining residents and property owners.  It may also limit the length of time its special use permit is to be effective and may provide for a periodic review of the proposed operations to ascertain compliance with the conditions and limitations imposed upon such operations.  It shall be empowered to renew or extend a special use permit where all standards and conditions are complied with and may revoke or refuse to renew the same where non-compliance exists.  No revocation or failure to renew or extend a permit shall release the applicant from the duty of rehabilitation and reclamation of the mined or disturbed area.  No permit shall be revoked or not renewed until the operator has been given written notice of any violation forming the basis of the revocation or denial of renewal and not less than thirty (30) days have elapsed to correct the stated violation.  All permits shall be reviewed by the Planning Commission annually.

9.      INSPECTIONS AND CONFORMANCE.  Inspections shall be made of the mining site no less often than twice in each calendar year by the Zoning Administrator in order to ensure conformance with the requirements of the approved special use permits.  An aerial photo or a video tape in VCR format showing the entire property and/or operations thereon shall be taken prior to the start of operations and annually thereafter and presented to the Zoning Administrator for administrative and enforcement purposes.

10.     LIABILITY INSURANCE.  All operators shall be required to carry personal injury and property damage insurance while any unreclaimed or unrehabilitated area exists, in amount to be established by the Township Board. The insurance shall cover injury or damage occurring upon the site of the operations as well as upon adjoining properties, as a result of conditions or activities existing upon the site.  A copy of the policy shall be filed with the Township Clerk.

I.       FIREWORKS STORAGE.

This language is a restatement of  Tittabawassee Township General Ordinance, #00-07, Storage of Fireworks.

1.        PURPOSE. The purpose of this regulation is to provide guidelines for the safe storage of fireworks in agricultural zones. These regulations only apply to materials that have been licensed under the regulations of the Bureau of Alcohol, Tobacco and Firearms and the State of Michigan and are awaiting Township approval.  It is the intent of these regulations to separate storage of fireworks from adjacent uses, provide for aesthetic and buffering requirements for the storage container, limit traffic to and from the container, provide for the safety of surrounding people, animals and property and maintain control over the ongoing storage of such materials.  By storing these materials in an agricultural area, it is intended to locate this land use is a safe environment by isolating it from more intense land uses and zoning districts, thereby reducing the risk of injury and property damage and to discourage the curiosity of people that might occur in more populated areas elsewhere. 

2.        SITE OWNERSHIP. The site on which fireworks are stored must be owned by the person in whom the ATF and State permit is issued. Both permits must be in the same name.  A dwelling unit must be located on the same site, also owned by the person named on the ATF and State  permit, and occupied by that person on a full time basis in an agricultural zone.

3.        NOT A HOME OCCUPATION.  Storage of fireworks is not a Home Occupation as defined by the Tittabawassee Township Zoning Ordinance.  This statement is intended to serve as the interpretation of the definition of a Home Occupation should the question arise.

4.        MINIMUM SITE SIZE.  The minimum site size is ten (10) acres.

5.        SETBACKS. The storage container and/or structure must be set back minimally

1)      As defined by the ATF, from the nearest dwelling unit or inhabitable building, including the dwelling unit occupied by the owner of the site, from the nearest structure housing animals, and from the nearest road right of way. If an adjoining property owner chooses to construct a home or other inhabitable structure closer than the specified setback, the fireworks storage shall be moved or the permit to store fireworks shall be revoked upon the issuance of a certificate of occupancy for the structure.

2)      One thousand (1000') feet from the nearest day care center or institution of any kind.

3)      If state or federal regulations are more stringent than those in this Ordinance, the most restrictive regulations shall apply.

6.        TYPE OF STRUCTURE.  The structure must be of a temporary nature and may not have a permanent foundation.  The purpose of this regulation is to facilitate dismantling of the structure should the permit requirements cease to be met and to discourage other uses of the structure in the future. 

7.        TYPE AND QUANTITY OF MATERIALS STORED.  The only materials that may be stored in the structure are those specifically listed in the ATF and/or State of Michigan permit.  All other materials commonly associated with the use of  fireworks materials may not be stored in the structure nor in any other structure located on the premises.  Both State or federal regulations must be adhered to, and the most restrictive regulations at the state and/or federal level shall apply. If state or federal regulations become more stringent during the tenure of this Ordinance, the most restrictive regulations shall apply.

8.                ACCESS TO STORAGE STRUCTURE. The owner of the site and his or her employees may access the structure with a vehicle as needed.  No other vehicles or persons are allowed to access the site. The purpose of this regulation is to minimize the amount of traffic in an otherwise residential/ agricultural setting, control access to the materials.

9.        BUFFERING.  The structure must be buffered from view by at least 50% obscuration by any means using only natural plant materials.

10.      NO RETAIL SALES.  No sales of any kind of any materials may take place on the site, either retail or wholesale. 

11.      ATF and STATE OF MICHIGAN PERMIT.  A valid ATF and State of Michigan permit must be maintained to allow continuation of the Special Use Permit.  Annual ATF and/or State of Michigan permits may not be automatically renewed by the building inspector, Township staff or elected officials.  In addition, this Special Use does not run with the land, but with the owner, unlike other Special Uses and is automatically void should the ownership of the site on which the explosives are stored or the ownership of the dwelling unit change.     This is an exception to the Ordinance as a whole and is noted as such in these regulations by this statement.

12.      OTHER RESTRICTIONS AS REQUIRED BY THE PLANNING COMMISSION.  Other restrictions may be imposed on the site, the owner, the structure or other aspects of storage of explosives as deemed necessary by the Planning Commission with the intent of this section.

J.       FUNERAL HOMES

1.      Minimum lot area shall be 1.0 acre.

2.      The space in the main building used for mortuary functions shall be separate from the living quarters of the person or persons owning, managing, or maintaining the mortuary.

3.      Outdoor signage shall conform  to  the  requirements Article 14.

4.      A fence or natural year-round landscape barrier of a minimum height of six (6) feet shall be located between the mortuary and adjacent residential dwellings.

K.           GOLF COURSES/COUNTRY CLUBS – PITCH AND PUTT, 9 HOLES, 18 HOLES

(Amended 4/11/06 )

L.      GOLF DRIVING RANGE

1.             Minimum lot size shall be five (5) acres.

2.             Main and accessory buildings shall be set back at least fifty (50’) feet from all adjacent property lines.

3.             The perimeter of the driving range shall be enclosed with a chain link fence of a minimum height of six (6’) feet.

M.     HUNTING AND GAME PRESERVES

1.      Safety Area.  A buffer of a minimum of four hundred and fifty (450’) feet must be provided along any county road or from any dwelling unit. This buffer is a distance requirement only and is intended to be an area where there is no shooting from within the buffer zone toward the perimeter of the property.  No additional landscaping is required.

2.      Posting.  The entire perimeter of the site must be posted as required by the DNR license.

3.      Noise and hours of operation. The hours of operation shall not exceed dawn to dusk, regardless of the season or hunting conditions.

4.      Parking.  Adequate parking shall be provided on site at a quantity determined by the planning commission on a case by case basis. Other parking regulations in this Ordinance do not apply.

5.      Retail Sales.  No retail sales to the public shall take place on the premises of any kind. Sales to participants in the shoot such as shot gun shells, hats, licenses, game birds,  clothing, etc. is allowed.

6.      Gun use.  All guns used must be a type of shot gun using bird shot.  Hand guns, rifles, bows and arrows and all other weapons are not allowed

N.     KENNELS

1.      All kennels shall be operated in conformance with all county and state regulations, permits being valid no longer than one year.

2.      For dog kennels, the minimum lot size shall be one-half acre for the first three dogs and an additional one-half acre for each three additional animals.

3.      Buildings wherein animals are kept, animal runs, and/or exercise areas shall not be located nearer than thirty (30’) feet to any adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.

O.     LIVESTOCK FEEDLOTS/AUCTION YARDS

         1.      The Michigan Department of Agriculture Generally Accepted Agricultural and Management Practices (GAAMPS) for new and expanding livestock facilities shall be followed.

2.      Site/facilities locational requirements. The applicant for an intensive livestock operation permit shall submit with the application a detailed site plan showing that the property upon which the operation is proposed to be sited and the buildings, structures, and enclosures thereon, including animal waste storage areas, structures and excavations, fully comply with the following locational requirements:

a.     The property shall be zoned AG Agricultural pursuant to the Tittabawassee Township Zoning Ordinance and Zoning Map.

b.     The property shall have a minimum lot area of  forty (40) contiguous tillable acres.

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