June 06, 2012 - NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-228 AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLES II AND XXX TEMPORARY USE PERMITS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, June 4, 2012, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles II and XXX, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01 and 30.11, to define and regulate Temporary Uses, Open Air Business, and Outdoor Display and Sales; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Articles II and XXX are amended by adding the herein after language in the Articles as follows:
ARTICLE II – Construction of Language and Definitions
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Section 2.01 – Definitions
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Open Air Business: A business operating on a seasonal or temporary basis which is wholly or partially conducted outside of a building. This may include temporary locations for Christmas trees, pumpkins, fireworks, etc., but shall exclude outdoor display and sales as defined below.
Outdoor Display and Sales: Incidental sales and display area located outside of the principal building which does not exceed ten percent (10%) of the principal building area or one thousand (1,000) square feet, whichever is less. The outdoor display and sales shall be related to the existing principal use of the property.
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ARTICLE XXX – Administrative Procedures & Standards
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Section 30.11 – Permits to Construct, Move, Alter or Change Use
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F. Temporary Use Permits.
1. Initial Application: Temporary use permits may be issued administratively by the Building Department for Outdoor Display and Sales for the marketing of goods or products which do not exceed ten percent (10%) of the principal building area or greater than one thousand (1,000) square feet (whichever is less) This shall exclude Outdoor Display and Sales areas normally allowed as a principal use within the GB-1 or GB-2 zoning districts.
Outdoor Display and Sales shall only be conducted on a parcel of land owned or leased by the operators displaying and selling goods. Proof of ownership or lease shall be furnished to the Township upon request.
The Zoning Board of Appeals shall have the authority to review and approve an Open Air Business involving seasonal display of goods such as Christmas trees, pumpkins, fireworks, etc. This shall exclude lumber yards, outdoor garden shops, or other outdoor sales normally allowed within permitted zoning districts.
Temporary use permits may be issued for Open Air Business or for Temporary Structures similar to those outlined in Section 27.02 (C) of this Ordinance. The Zoning Board of Appeals shall have the authority to specify conditions, including duration of use and hours of operation, in order to ensure compliance with this Ordinance. Property owners and residents within three hundred (300) feet of the zoning lot on which the proposed Open Air Business is to be located shall be notified at least fifteen (15) days in advance of the meeting at which the application for the temporary use permit will be considered. Additionally, the following conditions shall apply to each application:
a. The temporary use or Open Air Business shall not occupy any essential parking spaces or maneuvering lanes associated with an on-site permanent use.
b. To ensure the continued safety of the customers, when located adjacent to a vehicular traffic area, the temporary sales area shall be fenced or provided with appropriate barriers to ensure pedestrian safety and pedestrian passageway with a minimum of five (5) feet of clearance. Materials shall be displayed no closer than ten (10) feet from building entrance doors.
c. Access shall be provided via a paved driveway.
d. Dedicated parking areas shall be provided which do not extend over sidewalks or safety paths.
e. All products shall be compatible with the permitted uses of the respective zoning district within which the site is located. The Zoning Board of Appeals may deny an application for Temporary Use if it is found that the proposed use is not consistent with the intent of the Zoning District in which the property is located or is incompatible with the permitted uses allowed within the Zoning Ordinance.
f. Flammable products shall be located far enough from the permanent structures to prevent a fire hazard.
g. Due to traffic safety concerns, no temporary sales shall be permitted at gasoline service stations.
h. All signage shall comply with the requirements of the Charter Township of Orion Sign Regulations (Ord. No. 138). As a condition of approval, the ZBA may impose more restrictive sign regulations than those sign regulations specified in Ordinance No. 138, where traffic safety or impacts to neighboring properties are a concern.
i. The Zoning Board of Appeals may deny a temporary use permit if the requested temporary use is located within one thousand (1,000) yards of similar temporary or permanent use.
j. An Open Air Business shall only be conducted on a parcel of land owned or leased by the operators of the Open Air Business. Proof of ownership or lease shall be furnished to the Township upon request.
k. An Open Air Business shall only be conducted on the following commercially zoned properties: RB-1, RB-2, RB-3, CB, GB-1 and GB-2, or on non-residential institutional sites, such as churches or schools, within residential zoning districts.
l. The above listed regulations for Open Air Business shall exclude a permitted agribusiness such as farm markets, fruit and vegetable stands as permitted in Section 5.02.
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SECTION 2 of Ordinance
All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.
SECTION 4 of Ordinance
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
SECTION 5 of Ordinance
This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 4th day of June, 2012, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Penny S. Shults, Clerk
Charter Township of Orion