January 08, 2014 - NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-235
AMENDMENT TO ORD. 78,
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, January 6, 2014, 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, Article XXX, for the Charter Township of Orion, Michigan; changing the text in Section 30.11; 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, Article XXX is amended by adding the herein after language in the Article as follows:
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.
Temporary Use Permits may be considered by the Township for the following uses:
Outdoor Display and Sales
Open Air Business
1. Initial Application and Procedures for Review:
a. Outdoor Display and Sales
1) 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.
2) 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.
b. Open Air Business
1) 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.
2) Temporary use permits may be issued for Open Air Business. 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.
2. Required Conditions for Outdoor Display and Sales or Open Air Business
a. The temporary use for Outdoor Display and Sales 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 for Outdoor Display and Sales or Open Air Business 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 for Outdoor Display and Sales or Open Air Business shall be provided via a paved driveway.
d. Dedicated parking areas for Outdoor Display and Sales and Open Air Business shall be provided and shall not extend over sidewalks or safety paths.
e. Due to traffic safety concerns, no temporary sales for either Outdoor Display and Sales and Open Air Business shall be permitted at facilities dispensing flammable products such as vehicle fuels or propane.
f. A sketch plan and floor plan, drawn to scale in a manner acceptable to the Building Department, showing location of the stand or tent, setback from the rights-of-way, distance to nearest building or structure, placement of fire extinguishers, all entrances and exits, storage areas, pedestrian traffic flow, parking areas and vehicular traffic flow, and nature of occupants of nearest buildings shall be provided in the application.
g. Detailed information on the materials and wind load capability of the tent or stand to be erected on the site shall be provided in the application.
h. Detailed information regarding the plan for storage of display items during booth open and closed hours shall be provided in the application.
3. Additional Requirements for Open Air Business
a. All products for an Open Air Business 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 any 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.
b. Flammable products for such as fireworks shall be stored in accordance with National Fire Protection Association Standards (NFPA 1124, 2006) and as determined by the Fire Chief of the Charter Township of Orion.
c. All signage shall comply with the requirements of the Charter Township of Orion Sign Regulations (Ord. No. 138). As a condition of approval for Open Air Business, 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.
d. The Zoning Board of Appeals shall deny a temporary use permit for Open Air Business if the requested temporary use is located one mile (5,280 ft) of similar Open Air Business use which sells the same or similar product.
e. 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.
f. An Open Air Business shall only be conducted on the following commercially zoned properties: RB-1, RB-2, RB-3, CB, GB-1, GB-2, BIZ or on non-residential institutional sites, such as churches or schools, within residential zoning districts.
g. 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.
h. A record of temporary use Open Air Business permits granted by the Zoning Board of Appeals shall be maintained by the Building Department. Each file shall include at least the following: the original application, the terms of approval of the initial application, and any written complaints received by the Township regarding the use.
i. The Zoning Board of Appeals shall review the file for the temporary use/Open Air Business prior to a decision on renewal of a permit.
j. The temporary use /Open Air Business shall not be transferable to another individual, entity or corporation.
k. The owner of the property on which the temporary use /Open Air Business is requested shall jointly sign the application for temporary use or shall provide written permission for use of the property as a temporary use. The property owner shall jointly be responsible for all property clean up.
l. The Open Air Business site and associated structures for sales or storage of goods shall not be used as living quarters or as a temporary dwelling.
m. The Zoning Board of Appeals and or the Building Department shall require a performance bond, letter of credit or other security to insure compliance with the conditions of a Temporary Use Permit for Open Air Businesses.
4. Renewal of Temporary Sales Permits
a. Once a temporary use permit for Open Air Business has been granted, the use may be reinstated only by way of a new application and review by the Zoning Board of Appeals in accordance with Section 30.11F.
b. Renewal of Outdoor Display and Sales permits may be issued through the Building Department.
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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 6th day of January, 2014, 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