Sec. 20.4       SITE DESIGN STANDARDS. 

Those uses specified in Section 20.1 as permitted by "right" or as special land uses shall be subject to the requirements of the District in which the use is located in addition to all applicable conditions, standards and regulations regarding site design and development and other standards and conditions as are cited in the following:

 

(A)       Sexually Oriented Businesses (revised June 23, 2003)

 

(1)        Purpose and Intent

 

The purpose and intent of these provisions is to regulate sexually oriented

businesses and related activities to promote the health, safety, and welfare of patrons and employees of such businesses, and to promote the health, safety, and welfare of the citizens of Georgetown Charter Township.  In the development and execution of this subsection, it is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them is located in proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas.  These controls are for the purpose of preventing a concentration of these uses within any one area, or to prevent deterioration or blighting of a surrounding residential neighborhood.  These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution or by Article I, Section 5 of the Michigan Constitution of 1963.  Additionally, it is not the intent of the provisions of this Ordinance, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions.  Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.  These regulations shall not be interpreted as intending to legitimize any activities which are prohibited by federal or state law, or by any other Ordinance of Georgetown Charter Township.

 

(2)        Definitions

 

The following words and terms, as used in this Ordinance, shall have the meaning indicated in this Section.

 

a.         Adult Bookstore, Adult Novelty Store, or Adult Video Store - A commercial establishment that, as one of its business purposes or services, offers for sale or rental for any form of consideration, any one or more of the following:

 

i.          Books, magazines, periodicals, or other printed and/or electronic or digital matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or,

ii.         Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

 

A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in paragraphs i. or ii. above, and still be categorized as an Adult Bookstore, Novelty Store, or Video Store.  The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if it comprises forty (40) percent or more of the establishment’s gross revenues, or if such materials occupy forty (40) percent or more of the floor area of visible inventory within the establishment.

 

b.         Adult Cabaret - A nightclub, bar, restaurant, lounge, or similar commercial establishment that regularly features:

 

i.          Persons who appear in a state of nudity;

ii.         Live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas; or,

iii.        Films, motion pictures, video cassettes, slides, electronic, digital, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

 

c.         Adult Motion Picture Theater - A commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

 

d.         Sexually Oriented Business - An adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial enterprise that regularly features the sale, rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure or display of specified sexual activities or specified anatomical areas.

 

e.         Specified Anatomical Areas -

 

i.          Less than completely and opaquely covered human genitals, pubic region, buttock or anus; or female breast immediately below the top of the areola; or,

ii.         Human male genitals in a discernible turgid state, even if completely and opaquely covered.

 

f.          Specified Sexual Activities -

 

i.          Human genitals in a state of sexual stimulation or arousal;

ii.         Acts of human masturbation, sexual intercourse or sodomy; or

iii.        Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

 

(3)        Use Requirements

 

a.         The use is located within a zone district in which sexually oriented businesses are specifically permitted as a Special Land Use.

 

b.         The use is not located within a 1,000 foot radius of any other such use, measured in a straight line from the nearest lot line to the nearest lot line, except that such restrictions may be waived by the Township Board, if the following findings are made:

 

i.          That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this subsection will be observed.

ii.         That the proposed use will not enlarge or encourage the develop­ment of a blighted or deteriorating area in its immedi­ate surround­ings.

iii.        That the establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation.

iv.        That all applicable state laws and local ordinances will be ob­served.

v.         Prior to the granting of any waiver as herein provided, the Township Board may impose any such conditions or limitations upon the establishment, location, con­struction, maintenance, or operation of the regulated use as may, in its judgment, be neces­sary for the protection of the public interest.  Any evidence and any guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

 

c.         Parking spaces shall be provided at the ratio of one (1) space per person permitted by the maximum occupancy load established by local, county, state, fire, health, or building codes.

 

d.         No adult use shall remain open at any time between the hours of eleven o’clock (11:00) P.M. and ten o’clock (10:00) A.M.  and no such use shall be open on Sundays.

 

e.         No alcohol shall be served at any adult use.

 

f.                   No adult use shall permit any person under the age of eighteen (18) years to enter the premises.  Signs shall be conspicuously posted noting that such minors are not allowed.

 

g.                  All parking areas and the building shall be well lighted to ensure the safety and security of patrons.  These areas shall remain lighted for one (1) hour after closing each night.

 

h.                  The use shall be located more than five hundred (500) feet from any Residential District boundary, measured to the nearest lot line of the proposed use.

 

(B)       Amusement parks.

            (1)        The minimum lot size shall be ten (10) acres.

            (2)        The lot shall be located so that at least one (1) side abuts an arterial street and all access shall be from such arterial street.

            (3)        The main and accessory buildings shall not be located nearer than three hundred (300) feet to any adjacent dwelling.

            (4)        Any amusement enterprises located within five hundred (500) feet of any adjacent  residential district shall not open earlier than 9:00 a.m. nor close later than 10:00 p.m.

(C)       Animal Hospitals.

            (1)        Buildings wherein animals are kept, dog runs, and/or exercise areas shall not be located nearer than one hundred (100) 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.

            (2)        All principal use activities shall be conducted within a totally enclosed main building.

(D)       Bed and breakfast establishments.

            (1)        The establishment shall be directly serviced by public water and sanitary sewer services.

            (2)        The establishment shall be located on property with direct access to a paved public road.

            (3)        No such use shall be permitted on any property where there exists more than one (1) other bed-and-breakfast establishment within seven hundred fifty (750) feet, measured between the closest property lines.

            (4)        Such uses shall only be established in a detached single family dwelling.

            (5)        Parking shall be located to minimize negative impacts on adjacent properties.

            (6)        The lot on which the establishment is located shall meet the minimum lot size requirements of the zone district.

            (7)        The number of guest rooms in the establishment shall not exceed three (3), plus one (1) additional guest room for each ten thousand (10,000) square feet or fraction thereof by which the lot area of the use exceeds one (1) acre, not to exceed seven (7) guest rooms in any case.

            (8)        Exterior refuse storage facilities beyond what might normally be expected for a detached single family dwelling shall be prohibit­ed.

            (9)        Only one sign shall be allowed for identification purposes.  Such sign shall be non-illuminated and un-animated, be mounted flat against the wall of the principal building and not exceed four (4) square feet in area.

            (10)      The establishment shall contain the principal residence of the operator.

            (11)      Accessory retail or service uses to a bed-and-breakfast establish­ment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and so forth.

            (12)      Breakfast may be served only to the operator's family, employ­ees, and overnight guests.

(E)       Churches (in residential districts only-revised April 1998).

            (1)        Minimum lot area shall be two (2) acres; plus an additional fifteen thousand (15,000) square feet for each one hundred (100) seating capacity or fraction thereof in excess of one hundred (100).

            (2)        The property location shall be such that at least one (1) property line with a minimum lot width of two hundred (200) feet abuts and has access to a collector, major arterial, or minor arterial street. (revised 2-24-2003)

(F)       Commercial campgrounds.

            (1)        Minimum lot size shall be three (3) acres.  The lot shall provide direct vehicular access to a public street or road.  The term lot shall mean a campground or travel trailer park.

            (2)        Public stations, housed in all-weather structures, containing adequate water outlet, waste container, toilet and shower facilities shall be provided.

            (3)        Each lot containing more than sixty (60) sites shall provide a masonry building containing machine laundry (wash and dry) facilities.

            (4)        No commercial enterprise shall be permitted to operate on the lot, except that a convenience shopping facility may be provided on a lot containing more than eighty (80) sites.  Such convenience store, excluding laundry and similar ancillary uses, shall not exceed a maximum floor area of one thousand (1,000) sq. ft.

            (5)        Each lot shall provide hard-surfaced, dust-free vehicle parking areas for site occupant and guest parking.  Such parking area shall be located within four hundred (400) feet of the site it is intended to serve (except in the case of sites specifically designated only for tent camping).

            (6)        Each site shall contain a minimum of fifteen hundred (1,500) square feet.  Each site shall be set back from any right-of-way or property line at least seventy five (75) feet.

            (7)        Each travel trailer site shall have direct access to a hard-surfaced, dust-free roadway of at least twenty four (24) feet in width for two-way traffic and twelve (12) feet in width for one-way traffic.  Parking shall not be allowed on any roadway.  Sites specifically designated for, and only used for, tent camping, need not have direct vehicular access to any street or road.

            (8)        Any open drainageways must have seeded banks sloped at least 3:1 and designed to properly drain all surface waters into the County drain system, subject to approval by the Drain Commission of Ottawa County.

            (9)        All sanitary facilities shall be designed and constructed in strict confor­mance to all applicable County health regulations.

            (10)      The development of the entire lot is subject to all applicable require­ments of the Department of Natural Resources.

            (11)      A minimum distance of fifteen (15) feet shall be provided between all travel trailers and tents.

(G)       Commercial enterprises producing merchandise:

            (1)        The maximum parcel size shall be forty thousand (40,000) square feet.

            (2)        No more than fifteen (15) persons shall be employed on the premises.

            (3)        The production operation shall not be detrimental to any adjoining properties by reason of odor, noise, smoke, or vibration.

            (4)        All loading areas shall be located in the rear yard.

            (5)        All activities shall be conducted within an enclosed building.  Outdoor storage shall not be permitted.

(H)       Commercial soil removal.

            (1)        No soil, sand, gravel, or other earth material shall be removed from any land within the township without special land use approval, with the following exceptions:

                        a.         When the earth removal is incidental to an operation for which a building permit has been issued by the township;

                        b.         When the earth removal involves any normal landscaping, driveway installa­tion and repairs, or other minor projects;

                        c.         The earth removal involves less than 100 cubic yards;

                        d.         The earth removal is for the purpose of constructing a swimming pool;

                        e.         The earth removal will not be in violation of any other section of this ordinance, other Township ordinance, Soil Erosion and Sedimentation Control Act of 1972, or any other applicable state or federal law.

f.          A mineral mining license has been approved by the Mineral Mining Board and the

operation complies with the terms and provisions of the mining license.(revised 4-27-06)

            (2)        All uses shall be established and maintained in accordance with all applicable State of Michigan statutes.  If any of the requirements of this sub-section are less than those in applicable State statutes, the State requirements shall prevail.

            (3)        No machinery shall be erected or maintained within fifty (50) feet of any property or street line.  No cut or excavation shall be made closer than fifty (50) feet to any street right-of-way line or property line in order to ensure sublateral support to surrounding property.  The Planning Commission may recommend and the Township Board may require greater distances for the location of machinery, storage or parking of equipment, or limits of excavation where the site is located in or within two hundred (200) feet of any residential or commercial district.

(4)               Where it is determined by the Township Board to be a public hazard, all uses shall be enclosed by a fence six (6) feet or more in height for the entire periphery of the property or portion thereof.  Fences shall be adequate to prevent trespass, and shall be placed no closer than fifty (50) feet to the top or bottom of any slope.

            (5)        No slope shall exceed an angle with the horizontal of forty-five (45) degrees.

            (6)        No building shall be erected on the premises except as may otherwise be permitted in the zoning ordinance or except as temporary shelter for machinery or for a field office, subject to approval by the Town­ship Board.

            (7)        The Planning commission shall recommend routes for truck movement to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the community.  Access roads within the area of operation shall be provided with a dustless surface and the entry road shall be hard surfaced for a distance established by the Planning Commission to minimize dust, mud, and debris being carried onto the public street.

            (8)        All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to property, individuals, or to the community in general.

            (9)        Proper measures, as determined by the Zoning Administrator shall be taken to minimize the nuisance of noise and flying dust or rock.  Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated material upon the site.

            (10)      When excavation and removal operations or either of them are completed, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of 3:1 (horizontal-vertical) unless the requirement has been waived by the Township Mineral Mining Board.  (revised 6-26-2001)  A layer of arable topsoil, of a quality approved by the Zoning Administrator shall be spread over the excavated area, except exposed rock surfaces or areas lying below natural water level, to a minimum depth of our (4) inches in accordance with the approved contour plan.  The area shall be seeded with a perennial rye grass and maintained until the area is stabilized and approved by the Planning Commission.

            (11)      Where excavation­ operation results in a body of water, the owner or operator shall place appropriate "Keep Out Danger" signs around said premises not more than one hundred fifty (150) feet apart.

            (12)      The Township Board may require a performance bond or other guarantee as deemed neces­sary to ensure that the re­quire­ments of this Ordi­nance are ful­filled, and may revoke the Special Land Use approval at any time if specified conditions are not met.

            (13)      The Township Board may require an environmental impact state­ment, engi­neering data, or other such justification supporting the need for and consequenc­­­es of such extrac­tion if it is believed that the extraction may have an impact on natural to­pography, drainage, water bodies, floodpla­ins, or other natural features.

(I)        Commercial recreation uses (indoor).

            (1)        Public access to the site shall be located at least one hundred (100) feet from any intersection, measured from the nearest right-of-way line to the nearest edge of said access).

            (2)        The main and accessory buildings shall be located a minimum of one hundred (100) feet from any residential use.

            (3)        All uses shall be conducted completely within a fully enclosed building.

(J)        Convalescent Homes.

            (1)        Minimum lot size shall be three (3) acres.

            (2)        The lot location shall be such that at least one property line abuts an arterial or collector street.  The ingress and egress for off-street parking areas for guests and patients shall be directly from said thoroughfare.

            (3)        The main building or buildings shall be set back from all property lines a minimum of (revised 1-27-03):

a.  40 feet for single story buildings,

b.  60 feet for two story buildings,

c.  75 feet for buildings exceeding two stories or twenty-five (25) feet, whichever is less,

            (4)        The facility shall be designed to provide a minimum of fifteen hundred (1,500) square feet of open space for every bed used or intended to be used.  This open space shall include landscaping and may include off-street parking, driveways, required yard setbacks and accessory uses.

(K)       Day care centers.

            (1)        There shall be provided, equipped and maintained, on the premises, a minimum of one hundred and fifty (150) square feet of usable outdoor recreation area for each client of the facility.

            (2)        The outdoor recreation area shall be fenced and screened from any abutting residential district by a greenbelt, in accordance with the require­ments of Section 3.11.

            (3)        In addition to required off-street parking, off-street pick-up and drop-off areas shall also be provided.

            (4)        The facility shall comply with all applicable State licensing require­ments.

(L)       Drive-in restaurant.

            (1)        The main and accessory buildings shall be set back a minimum of sixty (60) feet from any adjacent right-of-way line or residential property line.

            (2)        Public access to the site shall be located at least one hundred (100) feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access.

            (3)        Where the site abuts residentially zoned property, a greenbelt shall be provided along such property line, in accordance with Section 3.11.

            (4)        The site shall be so designed as to provide adequate stacking space for drive-through customers without obstructing access to off-street parking spaces, interfering with traffic circulation through the site, or causing vehicles to queue off the site.

            (5)        Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

(M)      Golf courses, country clubs.

            (1)        Minimum lot size shall be forty (40) acres, unless the use is located within a Residential PUD.

            (2)        The main and accessory buildings shall be set back at least seventy five (75) feet from all property and right-of-way lines.

(3)               Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

 

(N)       Group Day Care Homes.

            (1)        An outdoor recreation area shall be provided at a ratio of one hundred fifty (150) square feet for each client served and shall be enclosed with fencing having a minimum height of four (4) feet.

            (2)        Off-street parking shall be provided for family members and employees of the facility.  Client pickup and drop off areas shall be located in a manner that vehicles do not stop in the travel lane of the adjacent roadway and vehicles are not required to back into the roadway.

            (3)        The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.

            (4)        The facility shall be in compliance with all applicable State licensing require­ments.

            (5)        The facility shall not be located closer than one thousand five hundred (1,500) feet to another group day care home, an adult foster care group home, a facility offering substance abuse treatment and rehabilitation services to seven (7) or more persons licensed by the State, a community correction center, resident home, halfway house or other similar facility which houses inmates under the jurisdic­tion of the Michigan Depart­ment of Corrections.

(O)